AGREEMENT (3)
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AGREEMENT
THIS AGREEMENT made and entered into this 29th day of
June,
1990, by and between the CITY OF CLEARWATER,
FLORIDA, a municipal corporation, hereinafter referred to as
"City", and the Greenwood Panthers Culture & Sports
Organization, Inc. a Florida non-profit corporation, whose
address is P.O. Box 1541, Clearwater, Florida, 34617,
hereinafter referred to as the "Organization":
WITNESSETH:
WHEREAS, the City owns ~nd operates Phillip Jones Park
("Park") in the City of Clearwater, which is used by the
Organization during its season: and
WHEREAS, the Organization has constructed a press
box/storage building at the Park in accordance with an
Agreement previously entered into between the parties on
August 8, 1985: and
WHEREAS, the Organization now desires to remodel the
City's existing restroom/storage building located at this
park into a concession b?ilding at no cost to the City and in
accordance with all building codes and regulations, and to
use the concession building and the press box/storage
building ("Buildings") as specified in this Agreement:
NOW, THEREFORE, in consideration of the premises and of
the covenants and agreements between the parties, it is
mutually agreed as follows:
1. The Organization may remodel at its expense, the
existing storage building into a concession building at
Phillip Jones Park, according to plans and specifications
approved by the City, and upon completion of the concession
building shall have a license to use the Buildings according
to the provisions of this Agreement.
2. The parties agree that the Buildings are the
property of the City. The parties further agree that the
Organization shall have priority use of the Buildings during
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Youth Football season and for off-season storage.
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3. The Organization shall be responsible for the timely
payment of all contractors and subcontractors and other
persons working on the concession building, and all suppliers
of materials, and shall not allow any mechanic's lien to be
placed on the Park or the improvements thereon.
4. The Organization shall be responsible for making
certain that all persons who work on the concession building
have the proper licenses, permits, and qualifications to
perform said work. The City will pay for the necessary
building permits; however, the organization, as contractor,
will be responsible to call the Building Department for
inspections.
5. Upon commencement of construction, the work shall be
prosecuted diligently to completion, and shall not be left in
an incomplete condition for any unreasonable length of time,
except for delays caused by strikes, weather or other reasons
outside the control of the Organization. During
construction, the Organization shall keep the premises in a
safe, functional, neat, and orderly condition, and shall
keep the premises clean by placing all trash and debris in
suitable City containers available for pickup and collection
by the City.
6. The Organization shall at its expense be responsible
for furnishing all equipment, fixtures and related items used
and required in the operation and use of the Buildings by it
and its representatives and agents. The Organization shall
also at its expense be responsible for the maintenance,
repair and replacement of any such furnishings, including but
not limited to any air conditioning systems that may be
installed. All fixtures shall become the property of the
City upon the termination of this Agreement. All equipment
and other personal property provided by the Organization
shall remain the property of the Organization.
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7. The City agrees to be responsible, following the
completion of the concession building, for interior and
exterior painting, and for repairs that may become necessary
to the physical structures.
8. The Organization agrees that under no circumstances
will alcoholic beverages be sold or consumed in the Buildings
when completed.
9. The Organization shall be responsible for the cost
and installation of any additional electrical service
required to the Buildings and shall coordinate the
installation with the City's Electrical Division of the
Traffic Engineering Department.
10. The City shall pay all monthly utility charges
necessary for the operation of the Buildings.
11. Both parties agree that the concession building,
but not the press box/storage building, will utilize existing
water and sewer service. In the event this service needs to
be expanded, the related costs will be paid for by the
organization.
12. The Organization agrees that other youth leagues
may use the Buildings for special tournaments after
requesting and receiving approval from the City.
13. This Agreement shall continue in force and effect
for a term of five (5) years from the date hereof, unless
sooner terminated as hereinafter provided, or unless
construction of the concession building has not commenced by
August 8, 1991, in which case this Agreement shall terminate
on that date. The City may terminate this Agreement in the
manner set out herein where anyone of more of the following
events occur: Should the Organization's activities be found
to be in violation of any law or ordinance; the Organization
violates any of the provisions contained in this Agreement;
in the event the Organization is dissolved or otherwise
ceases to be a corporation in good standing in the State of
Florida, or the control of the Organization is in dispute
such that the City is in serious doubt as to who may act for
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the Organization; or if the City needs the property for
another public purpose. In any such case, except where the
property is needed for another public purpose, the City shall
give thirty (30) days written notice of the violation, and if
this violation is not cured within the thirty (30) day
period, then this Agreement shall be deemed terminated
without further notice from the City. If the City determines
that the property is needed for another public purpose, such
determination shall become effective upon the City furnishing
thirty (30) days written notice of termination for such
reason. Upon the termination of this Agreement, the
Organization shall have thirty (30) days from the date of
termination, at its expense, to remove its equipment from the
premises; otherwise, the equipment shall become the property
of the City. If any damage is done to the City premises in
the removal of such equipment, the Organization shall at its
expense immediately repair such damage.
14. The City shall have the right through its agents to
make reasonable inspections of the premises and the operation
thereof to see that it is being conducted in a proper manner
under the terms of this Agreement.
15. This Agreement shall not be assignable.
16. The Organization agrees to indemnify and save
harmless the City by reason of any mechanic's liens which may
be asserted as a claim against the premises as a result of
the project.
17. The Parties agree that the previous Agreement
between the parties dated August 9, 1989, is hereby
terminated.
18. The Organization agrees to indemnify and save
harmless the City from any and all actions and claims for
bodily injury or property damage arising from the
construction of the concession building or from the operation
of the Buildings, except from the City's own negligence. The
Organization shall maintain a policy or policies of insurance
for such claims, with the City as an additional insured, in
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an amount not less then $500,000 per person or $1,000,000 for
each accident, and not less than $20,000 for property damage.
Certificates of insurance coverage evidencing the same shall be
filed with the City's Risk Management Office.
IN WITNESS WHEREOF, the parties hereto have set their
hands and seal the date first above written.
CITY OF CLEARWATER FLORIDA
f!;fgned:
By:
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Ron H. Rabun
City Manager
Rita Garvey
Mayor/Commissioner
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Approved as to form and
correctness:
Attest:
M.A. Galbraith,
City Attorney
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Cyn t ia E. G6Ucl.e_~ ~ _ _ _' .-' -.
City Clerk ,"' .. '-. .
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GREENWOOD PANTHERS CULTURE &
SPORTS ORGANIZATION, INC.
By:
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Gordon Wallace, Presiden~~
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Attest~