R05-093
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1 RESOLUTION NO. R 05- oQ3
2
3 A RESOLUTION OF THE CITY COMMISSION OF THE
4 CITY OF BOYNTON BEACH, FLORIDA,
5 AUTHORIZING AND DIRECTING THE MAYOR AND
6 CITY MANAGER TO EXECUTE AN AGREEMENT
7 BETWEEN THE CITY OF BOYNTON BEACH,
8 FLORIDA AND BOYNTON BEACH LITTLE LEAGUE,
9 INC.; AND PROVIDING AN EFFECTIVE DATE.
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11 WHEREAS, it has been deemed by the City Commission of the City of Boynton
12 Beach to be in the best interest of the citizens and residents of said City to enter into an
13 Agreement with the Boynton Beach Little League, Inc., for the utilization of the Little League
14 Park; and
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16 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
17 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
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19 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
20 being true and correct and are hereby made a specific part of this Resolution upon adoption
21 hereof.
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23 Section 2. The City Commission of the City of Boynton Beach, Florida does
24 hereby authorize the Mayor and City Manager to execute an Agreement between the City of
25 Boynton Beach, Florida and the Boynton Beach Little League, Inc., said Agreement being
26 attached hereto as Exhibit "A".
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28 PASSED AND ADOPTED this ~ day of JUne... ,2005.
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30 CITY OF BOYNTON BEACH, FLORIDA
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44 ATTEST:
45 .H-~ Commissioner
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Ros-OQ3
AGREEMENT
THIS AGREEMENT, made and entered into this c18 day
of ~u.ne.- ,2005, by and between the:
CITY OF BOYNTON BEACH, FLORIDA, a municipal
corporation, organized and existing under the laws of the
State of Florida, hereinafter referred to as "CITY,"
and
BOYNTON BEACH LITTLE LEAGUE, INC., a Florida
not-for-profit corporation, hereinafter referred to as
"LEAGUE."
WITNESSETH:
WHEREAS, CITY is the owner of the real property known as Little League
Park, hereinafter referred to as "PARK", situated in Palm Beach County in the City of
Boynton Beach, and bounded on two sides by S.W. 3rd Street and S.W. 15th Avenue,
respectively; and
WHEREAS, Little League Park includes four lighted ballfields, pitching wall,
batting cage, picnic pavilion, clay and sand storage bins, concession stand, storage
building, restrooms, and a parking area; and
\VHEREAS, both parties desire that said PARK be utilized to the greatest
capacity for community use.
NOW, THEREFORE, in consideration of the covenants herein contained and
other good and valuable considerations, the parties agree as follows:
1.0 Recitals. The foregoing recitals are true and correct and are hereby
incorporated into this Agreement.
2.0 Use of Little League Field.
2.1 League shall have first option as to the use of the fields at PARK each
year from January 15 through August 1 and from September 15 through the Sunday of
the weekend before Thanksgiving.
2.2 LEAGUE and CITY shall make every effort to accommodate other events
at said PARK during said period. The CITY shall schedule use of PARK for other
groups during the Agreement time period when determined possible and appropriate and
not in conflict with the terms hereof.
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2.3 The CITY shall have sole authority to approve and schedule use of the
PARK by other groups outside the stipulated Agreement time period, including sporting
and recreational activities not related to Little League.
3.0 Concession Stand and Storage Building.
3.1 LEAGUE shall have first option to operate concession stand at all events
sponsored by the LEAGUE during the Agreement time period. LEAGUE shall pay the
costs for all products sold at said concession stand and retain said profits therefrom.
3.2 In event LEAGUE DOES NOT EXERCISE THEIR OPTION TO
OPERATE SAID STAND, CITY may operate said stand utilizing LEAGUE'S stock
present at stand and both parties shall equally divide the gross income from sales; or the
CITY may provide its own stock and keep all gross income from sales. Each party shall
be responsible for repair or replacement of equipment damaged by said party.
3.3 The CITY shall pay utility costs for the concession and storage building,
restrooms, and ballfield lighting systems.
4.0 Maintenance. The CITY shall maintain the ball fields and other
turf and landscape areas of the PARK. The LEAGUE shall assist the CITY in pick up of
litter generated from the concession operation, as well as ballfield diamond maintenance
during evenings and weekends during the Agreement period. Maintenance activities
include dragging ballfields between gamès, watering ballfields and maintaining the
batting cages.
5.0 Insurance.
5.1 The LEAGUE shall maintain a comprehensive general liability insurance
policy with minimum limits of$l,OOO.OOO per occurrence, combined single limit for
bodily injury liability and property damage liability, including premises and operations.
5.2 The policy shall be endorsed to contain the following provisions:
5.2.1 The City of Boynton Beach shall be named as an additional insured. The
coverage shall contain no limitations on the scope of protection afforded to the CITY, its
officers, officials, employees or volunteers.
5.2.2 A current valid insurance policy meeting the requirements herein
identified shall be maintained during the duration of this Agreement, and shall be
endorsed to state that coverage shall not be suspended, voided or cancelled by either
party, reduced in coverage or in limits except after thirty (30) days prior written notice by
certified mail, return receipt requested, has been given to the CITY.
5.2.3 The LEAGUE shall inform its insurer to furnish directly to the CITY of
Boynton Beach certificates of insurance with original endorsements affecting coverage
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required within. The LEAGUE shall provide binders indicating placement of coverage to
CITY prior to January 15th of each year.
6.0 Term. The initial term of this Agreement shall be for five (5) years, and
the Agreement may be renewed for successive renewal terms of five (5) years each. All
renewal terms shall be subject to the mutual consent of the CITY and LEAGUE, as
evidenced by a written amendment to this Agreement.
7.0 Termination. Each party may cancel this Agreement by providing
written notice of at least one hundred twenty (120) days to the other party. If said
termination date shall fall during the period of January 15 to August 1, the termination
date shall be extended to August 20 unless waived by both parties.
8.0 LEAGUE Conduct. LEAGUE agrees to conduct its activities upon the
premises so as not to endanger any person lawfully thereon and to the extent provided by
law, to indemnifY and hold harmless the CITY, its officers, agents, and employees from
and against any and all claims, suits, actions, damages, liabilities, expenditures or causes
of action of any kind arising out of or occurring during the activity of LEAGUE and
those resulting or occurring from ant negligent act, omission or error of LEAGUE, its
agents, employees, members or guests, resulting in or relating to injuries to body, life,
limb or property sustained in, about, or upon the permitted premises or improvements
thereto, or arising from the use of said premises.
9.0 Compliance with laws. LEAGUE agrees to comply with all laws of the
United States, the State of Florida, and all local laws, including but not limited to the
ordinances and regulations of the City of Boynton Beach, and all rules and requirements
of the City Police and Fire Departments, and will obtain and pay for all necessary permits
and licenses, and will not do, nor suffer to be done, anything on said premises during the
term of this Agreement in violation of any such laws, ordinances, rules or requirements,
and if the attention of the Licensee is called to any such violation on the part of
LEAGUE, or any person employed by or admitted to the said premises by Licensee, such
LEAGUE will immediately desist from and correct the violation.
10.0 Removal of Persons. CITY reserves the right, through its representatives,
agents and police to eject any objectionable person or persons from said facility, and
upon the exercise of this authority, the LEAGUE hereby waives any right and all claims
for damages against the City.
11.0 Evacuation of Premises. CITY reserves the right to evacuate the
premises or facilities during any activity in progress where it is deemed necessary for the
safety of the general public, patrons, or guests.
12.0 Inspection of Premises. LEAGUE further represents that it has inspected
the premises, the facilities and its equipment, and is satisfied that the same are in proper
condition for the uses contemplated.
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13.0 Damage to Premises. LEAGUE shall not injure, nor mar, nor in any
manner deface said premises or facilities, and shall not cause or permit to be driven nails,
hooks, tacks or screws into any part of said premises or facilities, and will not make, nor
allow to be made any alterations of any kind therein without the CITY's written
permIssIOn.
14.0 Assignment Prohibited. LEAGUE shall not assign this Agreement, or
sublet the demised premises or any part thereof without the prior written consent of CITY
endorsed hereon.
15.0 Notice. Any notice or demand, which under the terms of this Agreement,
or by any statute or ordinance given or made by a party hereto shall be in writing and
shall be given by certified or registered mail, return receipt requested, sent to the other at
the address set forth below, or to such other address as such party may, from time to time,
designate by notice:
Notice to the CITY shall be addressed to:
City Manager
City of Boynton Beach
P.O. Box 310
Boynton Beach, Florida 33425-0310
Notice to the LEAGUE shall be addressed to:
Boynton Beach Little League, Inc.
Po ~oX' 9.a~
Boynton Beach, Florida ~ -O~e '-t
16.0 Agreement Binding; Amendment. All terms and conditions of this
written Agreement shall be binding upon the parties, their heirs or representatives, and
assigns, and cannot be varied or waived by any oral representations or promise of any
agent or other person of the parties hereto, unless the same be in writing and mutually
signed by the duly authorized agent or agents executing this Agreement.
17.0 Severability. If any provision of this Agreement or the application
thereof to any person or situation shall to any -extent, be held invalid or unenforceable, the
remainder of this Agreement, and the application of such provisions to persons or
situations other than those as to which it shall have been held invalid or unenforceable
shall not be affected, and be enforced to the furthest extent permitted by law.
18.0 Authority. Each person signing this Agreement on behalf of either party
individually warrants that he or she has full legal power to execute this Agreement on
behalf of the party for whom he or she is signing, and to bind and obligate such party
with respect to all provisions contained in this Agreement.
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19.0 Termination of Prior Agreement. This Agreement has the immediate
effect of terminating any existing agreements between the CITY and LEAGUE
pertaining to the use of PARK, including that agreement between the parties dated
February 5, 1991. Any indemnification obligations in any previous agreements between
the parties shall survive this termination.
IN WITNESS OF THE FOREGOING, the parties have set their hands and
seals the day and year first written above.
WITNESSES: CITY OF BOYNTON BEACH
By 'r-~
City Manager -
(CORPORA TE SEAL) ATTEST:
City Attorney ~~3/DS
Little League 2005
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WITNESSES: BOYNTON BEACH LITTLE LEAGUE, INC.
'-, : \
'" no" ,-' ._.' /i"--1 '1 //1
"-. () V L/'t jl j i ¡ '. I '._' ~
President I
[Print/type Name]
Attest:
: . ',1 ,j ) l' ,_,/ ,
,,v,-. ..( / I' i e-1P...
Secretary )
"
[Print/type Name]
STATE OF FLORIDA )
)ss:
COUNTY OF PALM BEACH: )
The foregoing instrument was acknowledged before me this /lpf(1 ^-)3 , 2005
by hCK me... UC-ý and LDKI 0 U f?-G;ItJ , as President and
Secretary, respectively, of BOYNTON BEACH LITTLE LEAQUE,INC., a Florida
corporation, on behalf of the corporation. They are ~ally known to ~or have
produced as identification and did not (did) take an oath.
(SEAL) ,¿d . ://Id£
Notary Public, State ~Orida Signature of
Notary taking Acknowledgment
BOBBIE A. MATTLlN
NotaJy PublIc - State d FlorIda
.! .
Name ::~..Ion . DD11.0111
Printe å'y National Notary Aun.
My Commission Expires:
Commission Number
H:l1990/900182.bb/agmts/Little League Agmt 2005,doc
Little League 2005
Rev. 03-28-05
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