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AGREEMENT - CONSTRUCTION OF A ROOF CANOPYCC, AGREEMENT THIS AGREEMENT made and entered into this (0:11- day of May 1994 by and between the CITY OF CLEARWATER, FLORIDA a municipal corporation hereinafter referred to as "City" and the CLEARWATER HORSESHOE CLUB INC a Florida non-profit corporation located in Clearwater Florida hereinafter referred to as the "Club" WITNESSETH WHEREAS the City owns Ed Wright Park located on the Southwest corner of Greenwood Avenue and Lakeview Road, and WHEREAS there are horseshoe courts a clubhouse and other amenities including lighting bleachers, sidewalks etc located within the park and WHEREAS the Club desires to construct a roof canopy over the horseshoe courts ("facility") in accordance with all building codes and regulations and to use the facility as specified in this Agreement, and WHEREAS the Club is desirous of assisting the City by providing members or personnel to maintain, supervise and operate this facility, NOW THEREFORE in consideration of the premises and of the covenants and agreements between the parties it is mutually agreed as follows 1 The Club may construct a roof canopy over the horseshoe courts at Ed Wright Park according to plans and specifications approved by the City, and upon completion of construction shall have a license to use the facility according to the provisions of this Agreement 1 ��cefv 60 d S3 -06 C2) r r1 1 2 Following review and approval of construction plans the City will forward a payment of $22 000 to the Club for the roof canopy project The Club shall repay the City $11 000 over a five year period interest free in annual payments of $2 200 per year Payments shall be made on or before April 1 of each year with the first payment being due on April 1 1995 and the final payment on April 1 1999 3 The Club shall be responsible for the timely payment of all contractors and subcontractors and other persons working on the project and shall not allow any mechanic's lien to be placed on the property 4 The Club 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 Club will be responsible for calling the Central Permitting Department for inspections 5 During construction the Club 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 parties agree that upon completion the facility shall become the property of the City The parties further agree that the Club shall have priority use of the facility 7 The City agrees to provide for structural and landscape maintenance to keep the facilities in a state of good repair 8 The City agrees to pay all utility costs, excluding telephone, and other operating and Capital costs as deemed appropriate by the Club and Parks and Recreation Department 2 9 The Club subject to the approval of the Parks and Recreation Department shall have the right to establish rules and regulations governing the use of the facility and the clubhouse and to charge reasonable user fees and club dues Revenues shall be retained by Club to cover costs of operation 10 The Club shall at its expense be responsible for furnishing all equipment fixtures and related items used and required in the operation and use of the facility by it and its representatives and agents Participants must supply their own horseshoe equipment 11 The Club shall keep the courts in good playing condition 12 The Club agrees that under no circumstances will alcoholic beverages be sold or consumed on City property 13 The Club agrees that its Board of Directors or Officers shall receive no renumeration from the City for managing the Club 14 The Club agrees to maintain complete financial records of all income and expenditures and to submit to the Parks and Recreation Department an itemized annual financial statement after the end of the fiscal year but prior to November 30 of each year during the life of this Agreement Financial records of the Club shall be made available to City audit upon request 15 The Club, agrees to offer all persons the benefits of participating in each of the programs regardless of race color religion sex national origin, age handicapped or other non -merit factors 16 The Club agrees to obtain and keep in force during the term of this Agreement a liability and property damage insurance policy covering said facilities during club activities and including tournaments sponsored by the 3 I Club with minimum limits of $500 000 combined single limit Bodily Injury and Property Damage per occurrence with said policy naming the City as an additional insured A copy of said policy shall be furnished to Risk Manager of the City of Clearwater upon request 17 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 except that the Club's obligation to repay the loan shall continue until the loan has been repaid to the City as described in paragraph 2 above The City may terminate this Agreement in the manner set out herein where any one or more of the following events occur Should the Club's activities be found to be in violation of any law or ordinance, in the event the Club violates any of the provision contained in this Agreement or if the City need the property 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 termination for such reason Upon the termination of this Agreement the Club 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 Club shall at its expense immediately repair such damage 18 In the event that the premises become subject to ad valorem taxation during the term of this Agreement the Club agrees to pay the 4 proportionate share of such taxes which are attributable to the horseshoe courts and improvements thereto 19 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 20 This Agreement shall not be assignable IN WITNESS WHEREOF the parties hereto have set their hands and seal the date first above written Countersigned Rita Garvey Mayor -Commissioner Approved as to form and correctness a/b.-er.„a_e___— H \DATAIWPFELES\BMASSEY\AOREE\HORSESHO WP4 5 CITY OF CLEARWATER FLORIDA By Eli beth Deptula Cit Ma -lager Attest Cy CiClerk hia E t'oudeau CLEARWATER HORSESHOE CLUB INC '4001.1" • esi•en j