LICENSE AGREEMENT TO MAKE CERTAIN RENOVATIONS AND UPDATES TO THE STADIUMLICENSE AGREEMENT BETWEEN
ST. PETERSBURG COLLEGE AND CITY OF CLEARWATER
THIS AGREEMENT is entered into by and between the Board of Trustees of St.
Petersburg College ( "COLLEGE "), a political subdivision whose mailing address is Post
Office Box 13489, St. Petersburg, FL, 33733 -3489, and the City of Clearwater ( "CITY "),
a Florida Municipality whose mailing address is Post Office Box 4748, Clearwater, FL,
33758 -4748, collectively referred to as the "PARTIES."
WHEREAS, the COLLEGE previously owned the Joe DiMaggio Sports Complex
and transferred ownership to the CITY in consideration for perpetual use of the complex
by the COLLEGE's baseball team and, WHEREAS, the COLLEGE's softball team uses
the Eddie C. Moore Complex for practices and competitions; and
WHEREAS, the COLLEGE desires a new space for its baseball and softball
teams to practice and compete; and
WHEREAS, the CITY owns Jack Russell Memorial Stadium, located at 800
Phillies Dr, Clearwater, FL 33755 ( "STADIUM ") and the Eddie C. Moore Softball
Complex located at 3050, 2994, 2780 Drew Street, Clearwater, FL 33755. Collectively,
"Fields "; and
WHEREAS, the STADIUM requires certain renovations and updates; and
WHEREAS, the COLLEGE desires to make certain renovations and updates to
the STADIUM in consideration for use of the STADIUM by the COLLEGE'S baseball
team.
NOW THEREFORE, in consideration of the mutual covenants and
understandings contained herein, the parties agree as follows:
1. PRIORITY OF USE: The CITY hereby grants the COLLEGE a license to use the
Jack Russell Memorial Stadium for baseball games and practices during its
seasons. The COLLEGE shall have the first priority for use of the STADIUM
after maintenance but shall provide the CITY with a schedule of both practices
and games.The COLLEGE shall work in good faith to coordinate practice and
game times with the Clearwater High School baseball team and the CITY'S out -
of- market sports tourism initiatives.
The CITY hereby also grants the COLLEGE a license to use the Eddie C. Moore
Softball Complex for softball games and practices during its seasons. The
COLLEGE shall have the first priority for the use of the field after maintenance
but shall provide the CITY with a schedule of both practices and games, and the
COLLEGE shall work in good faith with the City's out -of- market sports tourism
initiatives.
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2. AREAS OF USE: This license permits the COLLEGE to use the following
spaces:
Jack Russell Memorial Stadium:
• Main field and spectator viewing areas
• Batting cages
• Turf practice field
• Locker room / bottom floor facility
• Public restrooms
• Storage shed along right field line
Eddie C. Moore Complex
• Field
• Batting cages
• Bullpen
• Press box
3. THE COLLEGE SEASONS: For baseball and softball, the following are
considered to be the operating season: Spring (mid - January thru the last day of
May) and Fall (mid- August thru the last day of September).
4. TERM: This Agreement shall commence on the date that the last party signs and
shall continue for three (3) years unless terminated by either party for a material
breach of this agreement. Thereafter the agreement shall automatically renew for
an additional one (1) year term unless either party provides the other party with
written notice of its intent to terminate at least 90 days prior to the automatic
renewal.
5. DIRECT CHARGES: The COLLEGE is responsible to reimburse the CITY for
all direct charges associated with their facility usage. This would include field
lighting utility charges, as well as staff and field maintenance outside of the
CITY'S customary hours of operation.
6. IMPROVEMENTS: The COLLEGE shall not construct any improvements on or
otherwise alter, change or improve any part of the STADIUM without the prior
written consent of the Director of Parks and Recreation, upon such terms and
conditions as he or she may reasonably deem necessary. Request by the
COLLEGE to construct any such improvements on or otherwise alter, change or
improve any part of the STADIUM shall be presented to the Director of Parks and
Recreation in written form and he shall get them within a reasonable prompt time.
If the Parks and Recreation Department Director gives his consent to the
COLLEGE, the consent shall be deemed conditional upon the COLLEGE
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acquiring any necessary permit to do so from applicable governmental agencies,
furnishing a copy thereof to the Director of Parks and Recreation prior to
commencement of the work and complying with all conditions of said permit in a
prompt and expeditious manner.
7. JOE DIMAGGIO SPORTS COMPLEX: This license for COLLEGE to use
STADIUM replaces and hereby terminates the use previously granted for
COLLEGE at the Joe DiMaggio Sports Complex, as set forth in paragraph 5 of
the agreement executed by the parties in July, 2000 (Exhibit A).
8. LIABILITY AND HOLD HARMLESS: Each party shall be responsible for its
own negligence.
9. INSURANCE: The COLLEGE, through the Florida College Risk Management
Consortium (FCSRMC), shall obtain and maintain occurrence -type liability
insurance coverage in amounts not less than $2,000,000 per incident and
$5,000,000 annual aggregate covering the students and any faculty members for
instructions /supervision of students only. The COLLEGE shall further, at its
expense, obtain and maintain for the Term workers' compensation insurance and
unemployment insurance for COLLEGE representatives. The COLLEGE will
notify CITY at least thirty (30) days in advance of any cancellation or
modification of insurance coverage required hereunder and shall promptly
provide to the CITY, upon request, certificates of insurance evidencing the above
coverage.
Notwithstanding, the applicable portions of the Florida Statutes 768.28 shall apply
and the COLLEGE's monetary liability shall be limited accordingly. Any hold
harmless or waiver may not be construed as a waiver of sovereign immunity
under law.
10. GOVERNING LAW: This Agreement shall be governed by and construed under
the laws of the state of Florida.
11. REPAIRS AND IMPROVEMENTS: The CITY shall be responsible for all
repairs and maintenance to the STADIUM except the following
a. COLLEGE shall use its own personnel and equipment and bear the cost to add
carpet and paint the locker room area.
b. COLLEGE shall bear the cost of this installation and be responsible for
pulling appropriate permits for the installation. Approval of any plans for
installation must be granted by CITY prior to any such installation.
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COLLEGE shall not be required to make repairs or improvements in excess of a
total cost of $30,000. Additionally, the repairs and improvements described above
may be completed in phases.
12. UTILITIES: Provision and payment for utilities shall be the responsibility of the
CITY, unless billed to the COLLEGE as direct charges pursuant to Section 5 of
the AGREEMENT.
13. MAINTENANCE: General maintenance and upkeep of the STADIUM shall be
the responsibility of the CITY. However, the COLLEGE shall be responsible for
the cleanliness and upkeep of the locker room areas, and also to return the
common areas that they use as part of this agreement to the condition they
received them at the beginning of each use.
14. SECURITY: Security of the STADIUM shall be the responsibility of the CITY.
However, should additional security be necessary on specific occasions for
specific events, the provision of additional security shall be the responsibility of
the COLLGE.
15. NO PAYMENTS. Except as provided in this Agreement, no payments will be
made between the parties in connection with this Agreement.
16. NO PARTNERSHIP: The Parties hereby acknowledge that they are independent
contractors, and neither the COLLEGE nor any of its agents, representatives,
program participants, or employees shall be considered agents, representatives, or
employees of the CITY. In no event shall this Agreement be construed as
establishing a partnership or joint venture or similar relationship between the
Parties. The COLLEGE shall be liable for its own debts, obligations, acts and
omissions, including the payment of all required withholding, social security and
other taxes or benefits. No program participant, COLLEGE employee, or other
third person is entitled to, and shall not, receive any rights under this Agreement.
Neither Party shall have the right or authority nor hold itself out to have the right
or authority to bind the other Party and neither shall either Party be responsible
for the acts or omissions of the other except as provided specifically to the
contrary herein.
17. NON - DISCRIMINATION. There shall be no discrimination on the basis of race,
color, ethnicity, religion, sex, age, national origin, marital status, pregnancy,
sexual orientation, gender identity, genetic information, or against any qualified
individual with disabilities in either the selection of participating students,
employment of staff, or as to any aspect of the program.
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18. USE OF NAME OR LOGO. The parties will not, and will cause to use names,
logos or marks associated with the other party without the express written consent
of the other party. Notwithstanding, the COLLEGE shall have the right to utilize
the electronic scoreboard, signage, or banners as necessary to promote attendance
at its games and to advertise STADIUM as its team home field.
19. SEVERABILITY. If any provision of this Agreement is held to be invalid or
unenforceable for any reason, this Agreement shall remain in full force and effect
in accordance with its terms disregarding such unenforceable or invalid provision.
20. CAPTIONS. The captions contained herein are used solely for convenience and
shall not be deemed to define or limit the provisions of this Agreement.
21. NO WAIVER. Delay or failure to exercise any right or remedy hereunder will
not impair such right or remedy or be construed as a waiver thereof. Any single
or partial exercise of any right or remedy will not preclude any other or further
exercise thereof or the exercise of any other right or remedy.
22. NOTICES. All notices hereunder by either Party to the other shall be in writing,
delivered personally, by certified or registered mail, return receipt requested, or
by overnight courier, and shall be deemed to have been duly given when delivered
personally or when deposited in the United States mail, postage prepaid,
addressed as follows:
If to CITY:
If to COLLEGE: St. Petersburg College
P.O. Box 13489
St. Petersburg, FL 33733
Attention: Athletic Director
Copy to: Office of the General Counsel
or to such other person or place as either Party may from time to time designate
by written notice to the other Party.
23. ENTIRE AGREEMENT: This Agreement sets forth the entire Agreement with
respect to the subject matter hereof and supersedes all prior agreements, oral or
written, and all other communications between the Parties relating to such subject
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matter. This Agreement may not be amended or modified except by mutual
written agreement of the Parties. All continuing covenants, duties and obligations
herein shall survive the expiration or earlier termination of this Agreement.
WHEREFORE, authorized representatives of each Party hereby execute this Agreement
as of the Effective Date.
CITY OF CLEARWATER THE BOARD OF TRUSTEES OF
ST. PETERSBURG COLLEGE
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By: B tatel. aai
Tonj Williams, Senior Vice President
Student Servi
Date: Date: / //7
APPROVED
AS TO FORM AND CONTENT
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GENERAL COUNSEL
Approved by:
On:
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Signature Page
License Agreement between
St. Petersburg College and City of Clearwater
Countersigned:
George N. Cretekos
Mayor
Approved as to form:
atthew M. Frith
Assistant City Attorney
CITY OF CLEARWATER, FLORIDA
By: (A)1140;1 ti
William B. Horne, II
City Manager
Attest:
Rosemarie CaII
City Clerk