AGREEMENT RE SID LICKTON PARK
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A G R E E M E M T
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THIS AGREEMENT made! and entered into this 19th day of
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NOVEMBER 1987, by andl between the CITY OF CLEARWATER,
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FLORIDA,
a municipal corpor~tion, hereinafter referred to as
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and JUNIOR MISS SOF~BALL OF CLEARWATER, INC., a Florida
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"City",
non-profit corporation,
loc~hed at P. O. Box 7456, Clearwater,
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Florida 34618, hereinafter referred to as the League;
WIT N E SSE T H:
WHEREAS, the City qwns and operates Sid Lickton Park in
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the City of Clearwater, whiJh Park is used by the League during
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its season; and
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the Leagu+ desires to construct a concession,
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WHEREAS,
storage and restroom buildi*g at no cost to the City and in
accordance with all buildink codes and regulations, and to use
the concession, storage and restroom building as specified in
this agreement;
NOW, THEREFORE, in consideration of the premises and of
the covenants and agreements between the parties, it is mutually
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agreed as follows:
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mayl
a conces-
1. The League
at its expense,
construct,
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sion, storage and restroom ~uilding on the property between the
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leftfield fence of diamond 1#6 and the rightfield fence of diamond
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#7 at Sid Lickton Field, ac~ording to plans and specifications
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approved by the City, and ~pon completion of the building shall
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have a license to use the b~ilding according to the provisions of
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t his Ag r e em e n t .
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The parties agree that, upon completion, the build-
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ing shall become the prope~ty of the City.
The parties further
agree
that the ~eague shal~ have priority use of the building
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during Jr. Miss Softball s~ason and for off-season storage~
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The League sh~ll be responsible for the timely pay-
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me n t 0 f
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and subcontractors and other persons
all contractors
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working on the project, and shall not allow any mechanic's lien
to be placed on the property.
4. The League shall be responsible for making certain
that all persons who work on this project have the proper
licenses, permits, and qualifications to perform said work. The
City will pay for the necessary building permits; however, the
League shall be responsible for calling the building department
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for inspections.
5. During construction the League 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 League shall at its expense be responsible for
furnishing all equipment, fixtures and related items used and
required in the operation and use of the building by it and its
representatives and agents.
The League shall also at its expense
be responsible for the maintenance and upkeep of any such furn-
ishings and shall be responsible for any and all maintenance or
replacement that may become necessary to the air conditioning
systems to be located in the building.
7. The City agrees to be responsible, following the
completion of the building, for interior and exterior painting,
and for repairs that may become necessary to the physical
structure.
8. The League agrees that under no circumstances will
alcoholic beverages be sold or consumed in the building when
completed.
9. The League will be responsible for the cost and in-
stallation of electrical service to the building and will coor-
dinate the installation with the City's Electrical Division of
the Traffic Engineering Department.
10. The City will assume all monthly utility charges
necessary for the operation of the building.
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11. Both parties agree that the building will require
water and sewer service, that the League will stub-out for these
utilities, and the City will provide the tap-in to connect City
service.
12. This Agreement shall continue in force and effect
fur a term of five (5) years from the date hereof, unless sooner
terminated as hereinafter provided.
The City may terminate this
Agreement in the manner set out herein wh~re anyone or more of
the following events occur:
Should the League's activities be
found to be in violation of any law or ordinance; in the event
the League violates any of the provisions contained in this
Agteement; 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 the violation is not
cured within the thirty (30) day period, then this Agreement
shall be deemed terminated without further notice required by 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 term-
ination for such reason.
Upon the termination of this Agreement,
the League shall have thirty (30) days from the date of termina-
tion, at its expense, to remove its equipment from the premises;
otherwise, the equipment shall become the property of the City.
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If any damage is done to the City premises in the removal of such
equipment, the League shall at its expense immediately repair
such damage.
13. 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.
14. The Agreement shall not be assignable.
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15. The League agrees to indemnify and save harmless the
City by reason of any mechanic's liens which may be asserted
against the premises as a result of the project.
16. The League 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 project.
The League shall maintain a policy or policies of insurance for
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such claims, with the City as an additional insured, in an amount
not less than $500,000.00 per person or $1,000,000.00 for each
accident, and not less than $20,000.00 for property damage, and
the League's liability shall then be limited to the limits of
said policy or policies.
Certificates of insurance coverage
evidencing the same shall be filed with the City.
IN WITNESS WHEREOF, the parties hereto have set their
hands and seal the date first above written.
CITY OF CLEARWAT~~, FLORIDA
BY~.~~n1~:k~
hrfe.r'1' C it y Manag!~_ _ .: ./ .
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Approved as to form
and correc
Attest:
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C i t Y .ct_~t"k
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City Atto
M SS SOFTBALL OF
Witnesses:
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~"". .t?tr~
By
President
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