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R91-017RESOLUTION NO. Rgl- 17 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A CERTAIN AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH, FLORIDA AND BOYNTON BEACH LITTLE LEAGUE, INC.; A COPY OF SAID AGREEMENT BEING ATTACHED HERETO AS EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, it has been deemed by the City Commission of he City of Boynton Beach, Florida to be in the best interests of the citizens and residents of said City to ~nter into an 'Agreement between the City of Boynton Beach ~nd Boynton Beach Little League, inc., for utilization of ~ittle League Park by said League as set out in the attached ~greement; ~F - ~0~, ~HEREFORE, BE IT RESOLVED BY THE CITY COMMISSION TkfE CITY OF BOYNTON BEACH, FLORIDA THAT: Section 1. The Mayor and City Clerk are hereby iuthorized and directed to execute a certain Agreement )etween the City of Boynton Beach, Florida and Boynton Beach hittle League, Inc., said Agreement being attached hereto as ~xhibit "A". Section 2. ~ly upon passage. PASSED AND ADOPTED this This Resolution shall take effect ~ _~ebruary, 1991. ~T~ O/~F~ON BE AC H, F L O RI DA ~ ~y ~r ~- Co~5 s s ion~r Com~is s~Zoner Clerk AGREEMENT THIS AGREEMENT, made and entered into this day of , 1991, by and between the CITY OF BOYNTON BEACH, FLORIDA, a Municipal corporation, organized and existing under the laws of the State of Florida, acting by and through its duly constituted officer 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 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 ballfields, pitching building,-restroomq and League Park includes four lighted wall, concession stand, storage parking areas; and WHEREAS, 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. LEAGUE shall have firs= option as to the use of the fields at PARK during the rperiod of February 1 and August_10. 2. LEAGUE and CITY shall make every effort to accommodate other events at said PARK during said period. The CIT~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. 3. The CITY shall have sole authority to approve and schedule use of the PARK by other groups outside the stipulated Agreement time period. 4. LEAGUE shall have firs= concession Stand at Agreement option to operate all events sponsored by the LEAGUE time period. LEAGUE shall pay the during the 1 costs for ail produCts sold at said concession sLand and retain said profits theref~rom. 5. In event LEAGUE does not exercise their option to operate said~t~nd' cITY may operate said stand utilizing LEAGUE'S stoc~ present at' stand and both {part~S shall equally divide ~he gross income from sale , or the CITY may provide its own stock and keep all gross income from sales. Each ~'resP~nsible· ~r -repair~ or replacement of aid patti equipment damaged by s es. 6. The CITY shall pay utility costs for the concession and storage building restrooms, and ballfield lighting systems. 7. The CITY shall maintain the ballfields and o%her 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. .~ 8. The LEAGUE shali maintain a comprehensive general liability insurance policy with minimum limits of $1,000,000.~0 per occurrence, combined single limit for bodily injury liability and property damage liability, including premises and operations. The policy shall be endorsed to contain the following provisions: The City of Boynton Beach, its officers, official employees and volunteers shall be included 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. A current valid insurance policy meeting the requlrements 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, the CITY. return receipt requested, has been given to The LEAGUE shall inform its insurer to furnish directly to the CITY of Boynton Beach certificates of~ insurance with original endorsements affecting coverage required ~within. The LEAGUE shall provide binders indicating placement of coverage to CITY prior to February i, 1991. The user's insurance coverage shall be primary as respect to the CITY. 9. Each party may qancel this Agreement on one hundred twenty (120) day nQtice to the other party. If said termination date shall fall during the period of February 1 to August 10, it shall be extended to August 10 unless both parties. Cancellation notice shall be in wavered by writing. 10. This Agreement is to continue in force unless cancelled by either party. The Agreemen~ shall automatically renew for an additional five (5) years unless either party wishes to modify or terminate the Agreement. 1I. Either party desiring to modify this Agreement, shall notify the other party prior to being placed on the Commission Agenda. IN THE PRESENCE OF: CITY OF BOYNTON BEACH, FLORIDA Witness Gene Moore, May~r Witness ATTEST: City Clerk (Corporate Seal) Witness Witness BOYNTON BEACH LITTLE LEAGUE INC. Jon Fosselman, President Approved as to form: City Attorney Secretary (Corporate Seal) 3 This Agreement, made and entered into this /~ day of ~~, ~986, by and between the CITY OF BOYi~N BEA~, FLOP~IDA, a Mun~iioiPal corporati©n, organized and ex~stlng under t~he laws of the State of Florida, ac~i~g by and through its duly tuted officer hereinafter referred to as "CITY" and ROYA~DON BEA~ LI~ L~AG~E, INC.., a Florida not for profit corporation, hereinafter referred-~to ~as "LEAG"JE" · WHEILEAS, cITY is t~he owner of real property, situated in palm Beach County in the City of Boynton Beach, and bounded on %we sides by S. W. 3rd Street and S. W. 15th Avenue respectively; and WHEREAS, CI~ has constructed on said real property, three ball fields; and WHEREAS, LEAGUE has constructed between ~wo ball fields a two story CBS building: and - .WPIEREAS, LEAGUE constructed, said building utilizing its own macerial and labor; and P~IEREAS, cITY expended no ~Dnies on the cQnstruction of said building; and WH]SREAS, said building is utilized as a concession stand, announcers booth, equipment and uniform storage, and res~ rooms; and W~, both parties desire Lhat said ball fields and building be utilized to the greatest capacity. NOW, THERE, in consideration of the convenants herein contained and other good ~nd valuable considerations, the part~es agree as follows: 1. LEAGUE shall have first option as to the use of said fields during the period of February 1 and AugUst 10. 2. LEAGUE shall make every effort to accomodate other events a% said fields during said period- The cITY shall approve and sche- dule use of fields for other groups during the agreement time period when Ge~ermined poss~'ble and appropriate. 3. LEAGUE shall have first optio~ to operase concession szanc: a~ all even%s uLilizing said field. 4. LEAGUE shall pay the costs for all products sold a5 said _concession s~and and retain said pfc fiLs therefrom. 5. In event ~ does not exercise their option ~o operate said snand, CITY may operate said stand utilizing LEAGUE'S shock pre- senn at stand and both parties shall equally divide the gross income from sales. Each party shall be responsible for repair or replacement of equipment damaged by said parties. 6. In event CITY elects to consr_ruct an addition to said building and/or a barbecue area adjacent to said building, LEAG~E will assist in providing labor and/or ~aterial, if CITY requests, to said project in accordance with LEAgUE's means. 7. CITY shall pay utilities for said building. 8. Each party may cancel this Agreement on one hundred twenty (120) day notice to the other party. If said termination date shall fall during the period of February 1 to August 10, it shall be extended to August 10 unless waivered by both parties. Cancellation notice shall be in writing. 9. This Agreement is to continue in force until cancelled by either party~but must be re-executed every five (5) y~rs. Failure - of either party to re-execute this Agreement shall be construed as a notice of- termination. 10. Either party desiring to modi fy this Agreement, shall notify the other party prior to being placed on the Council Agenda. IN PRESENCE OF City ~e'rk Corporate Seal CITY OF BOYNTON BEACH, FLORIDA ~ Cassandra, Mayor Attesn: BOYNTON BEA~_ LI%"IT~E LEAGUE /NC - V LEGAL C.4 cc: Recreation RECREATION & PARK MEMORANDUM #91 -025 gi TO: J. Scott Miller, City Manager ((�� FROM: Charles C. Frederick, Director of Recreation & Parks Q SUBJECT: Renewal of Little League Agreement for Use of Little League Park /o) DATE: January 30, 1991 - � " / ,, )rt4 , 4 „, a It is time to renew the long- standing agreement with our local Little League Association for use of the ball field facilities at Little League Park. The League serves approximately 800 boys and girls ages 6 through 16 in both organized softball and baseball programs. The agreement has a few changes from the current contract. They are: 1. Item #6 indicates that the City assumes cost of utility payments. We have always done this, but it was never in the agreement. 2. Item #7 stipulates the maintenance responsibilities of the City and the League. 3. Item #8 stipulates the liability insurance provisions as required by Risk Management. This has been done in the past, but was not part of the agreement. 4. Item #10 allows the agreement to renew for and additional five (5) years, rather than terminate, unless either party wishes to modify or terminate the agreement. The agreement has also been reviewed by Risk Management and the City Attorney for form and content. The League officials have reviewed the contract and agreed to the contents. I recommend this agreement be approved by the City Commission. CCF : cm Attachments ,' ' r , `L. JAN Z' O 1991 CITY MANAGER'S Oi OE fro '= 1.. C . ,I !I RESOLUTION NO. R91 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A CERTAIN 1 AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH, FLORIDA AND BOYNTON BEACH LITTLE LEAGUE, INC.; A COPY OF SAID AGREEMENT BEING ATTACHED HERETO AS EXHIBIT "A "; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, it has been deemed by the City Commission of the City of Boynton Beach, Florida to be in the best !interests of the citizens and residents of said City to H enter into an Agreement between the City of Boynton Beach and Boynton Beach Little League, Inc., for utilization of Little League Park by said League as set out in the attached .greement; II NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA THAT: l Section 1. The Mayor and City Clerk are hereby uthorized and directed to execute a certain Agreement etween the City of Boynton Beach, Florida and Boynton Beach ittle League, Inc., said Agreement being attached hereto as xhibit "A ". Section 2. This Resolution shall take effect immediately upon passage. PASSED AND ADOPTED this day of February, 1991. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner IATTEST: bity Clerk (Corporate Seal) I AGREEMENT THIS AGREEMENT, made and entered into this day of , 1991, by and between the CITY OF BOYNTON BEACH, FLORIDA, a Municipal corporation, organized and existing under the laws of the State of Florida, acting by and through its duly constituted officer 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 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, concession stand, storage building, restrooms and parking areas; and WHEREAS, 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. LEAGUE shall have first option as to the use of the fields at PARK during the period of February 1 and August 10. 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. 3. The CITY shall have sole authority to approve and schedule use of the PARK by other groups outside the stipulated Agreement time period. 4. 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. 5. 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 parties. 6. The CITY shall pay utility costs for the concession and storage building restrooms, and ballfield lighting systems. 7. The CITY shall maintain the ballfields 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. 8. The LEAGUE shall maintain a comprehensive general liability insurance policy with minimum limits of $1,000,000.00 per occurrence, combined single limit for bodily injury liability and property damage liability, including premises and operations. The policy shall be endorsed to contain the following provisions: The City of Boynton Beach, its officers, official employees and volunteers shall be included as an additional insured. The coverage shall contain no limitations on the scope of protection afforded to the CITY, its officers, officials, employees or volunteers. A current valid insurance policy meeting the requirements herein identified shall be maintained during the duration of this Agreement, and shall be endorsed to state that coverage shall not be suspended, voided or cancelled by either party, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the CITY. 2 The LEAGUE shalt inform its Insurer turns$; di . to the CITY of Boynton Beach certificates of insurance wit} original endorsements affecting coverage required withir The LEAGUE shall provide binders indicating placement of coverage to CITY prior to February 1, 1991. The user's insurance coverage shall be primary as respect to the CITY. 9. Each party may cancel this Agreement on one hundred twenty (120) day notice to the other party. If said termination date shall fall during the period of February l to August 10, it shall be extended to August 10 unless wavered by both parties. Cancellation notice shall be in writing. 10. This Agreement is to continue in force unless cancelled by either party. The Agreement shall automatically renew for an additional five (5) years unless either party wishes to modify or terminate the Agreement. 11. Either party desiring to modify this Agreement, shall notify the other party prior to being placed on the Commission Agenda. IN THE PRESENCE OF: CITY OF BOYNTON BEACH, FLORIDA Witness Gene Moore, Mayor Witness ATTEST: City Clerk (Corporate Seal) BOYNTON BEACH LITTLE LEAGUE Witness INC. Witness Jon Fosselman, President Approved as to form: Secretary (Corporate Seal) City Attorney 3 r l AGREEMENT This Agreement, made and entered into this / ' day of e..h you, a Y' y , 1986, by and between the CITY OF BOYNTON BEACH, FLORIDA, a Municipal Corporation, organized and existing under the laws of the State of Florida, acting by and through its duly consti- tuted officer hereinafter referred to as "CITY" and BOYNION BEACH LITTLE LEAGUE, INC., a Florida not for profit corporation, hereinafter referred to as "LEAGUE ". WITNESSETH: WHEREAS, CITY is the owner of real property, 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, CITY has constructed on said real property, three ball fields; and WHEREAS, LEAGUE has constructed between two ball fields a two story CBS building; and WHEREAS, LEAGUE constructed said building utilizing its own material and labor; and WHEREAS, CITY expended no monies on the construction of said building; and WHEREAS, said building is utilized as a concession stand, announcers booth, equipment and uniform storage, and rest rooms; and WHEREAS, both parties desire that said ball fields and building be utilized to the greatest capacity. NOW, THEREFORE, in consideration of the convenants herein contained and other good and valuable considerations, the parties agree as follows: 1. LEAGUE shall have first option as to the use of said fields during the period of February 1 and August 10. 2. LEAGUE shall make every effort to accomodate other events at said fields during said period_ The CITY shall approve and sche- dule use of fields for other groups during the agreement time period when determined possible and appropriate. 3. LEAGUE shall have first option to operate concession stance at all events utilizing said field. 4. LEAGUE shall pay the costs for all products sold at said concession stand and retain said profits therefrom. In event LEAGUE does not exercise their ontier ' r said stand, CITY may operate said stand util Lzinq I EAG'UE'S sock pre- sent at stand and both parties shall equally divide the cross income from sales. Each party shall be responsible for repair or replacement of equipment damaged by said parties. 6. In event CITY elects to construct an addition to said building and /or a barbecue area adjacent to said building, LEACH. will assist in providing labor and /or material, if CITY requests, to said project in accordance with LEAGUE'S means. 7. CITY shall pay utilities for said building. 8. Each party may cancel this Agreement on one hundred twenty (120) day notice to the other party. If said termination date shall fall during the period of February 1 to August 10, it shall be extended to August 10 unless waivered by both parties. Cancellation notice shall be in writing. 9. This Agreement is to continue in force until cancelled by either party but must be re- executed every five (5) years. Failure of either party to re- execute this Agreement shall be construed as a h notice of termination. 10. Either party desiring to modify this Agreement, shall notify the other party prior to being placed on the Council Agenda. IN PRESENCE OF CITY CF BOYNTON BEACH, FLORIDA 4 1C , 6 - --..z _ i✓∎ Ai ■ !fC Cassandra, Mayor /: a , , . , Att st: (176,744.,- . , x''' i,!.: City 7 r k ' Corporate SPa1 BOYNTON BEACH LITTTF LEAGUE, INC. - !� /' Rayond Weeks, Sr., President Attest. Corxxrate Seal_ t T y STATE OF FLORIDA A L4H t � � ,pliCSION EXPIRtS AUG 2.0 1W. , ' ' iikj Y � t ±�. IrOUGN MUR 05rci A Sri iON ,,,,c4 ' c • • AGREEMENT This Agreement, made and entered into this /e` day of iii b j Q> Ny , 1986, by and between the CITY OF BOYNTON BEACH, FLORIDA, a Municipal Corporation, organized and existing under the laws of the State of Florida, acting by and through its duly consti- tuted officer hereinafter referred to as "CITY" and BOYNI'ON BEACH LITRE LEAGUE, INC., a Florida not for profit corporation, hereinafter referred to as "LEAGUE ". WITNESSETH: WHEREAS, CITY is the owner of real property, 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, CITY has constructed on said real property, three ball fields; and WHEREAS, LEAGUE has constructed between two ball fields a two story CBS building; and WHEREAS, LEAGUE constructed said building utilizing its own material and labor; and WHEREAS, CITY expended no monies on the construction of said building; and WHEREAS, said building is utilized as a concession stand, announcers booth, equipment and uniform storage, and rest rooms; and WHEREAS, both parties desire that said ball fields and building be utilized to the greatest capacity. NOW, THEREFORE, in consideration of the convenants herein contained and other good and valuable considerations, the parties agree as follows: 1. LEAGUE shall have first option as to the use of said fields during the period of February 1 and August 10. 2. LEAGUE shall make every effort to accomodate other events at said fields during said period. The CITY shall approve and sche- dule use of fields for other groups during the agreement time period when determined possible and appropriate. 3. LEAGUE shall have first option to operate concession stand at all events utilizing said field. 4. LEAGUE shall pay the costs for all products sold at said concession stand and retain said profits therefrom. 5. In event LEAGUE does not exercise their option to operate said stand, CITY may operate said stand utilizing LEAGUE'S stock pre- sent at stand and both parties shall equally divide the gross income from sales. Each party shall be responsible for repair or replacement of equipment damaged by said parties. 6. In event CITY elects to construct an addition to said building and /or a barbecue area adjacent to said building, LEAGUE will assist in providing labor and /or material, if CITY requests, to said project in accordance with LEAGUE'S means. 7. CITY shall pay utilities for said building. 8. Each party may cancel this Agreement on one hundred twenty (120) day notice to the other party. If said termination date shall fall during the period of February 1 to August 10, it shall be extended to August 10 unless waivered by both parties. Cancellation notice shall be in writing. 9. This Agreement is to continue in force until cancelled by either party but must be re- executed every five (5) years. Failure of either party to re- execute this Agreement shall be construed as a notice of termination. 10. Either party desiring to modify this Agreement, shall notify the other party prior to being placed on the Council Agenda. IN PRESENCE OF CITY OF BOYNTON BEACH, FLORIDA / Cassandra, Mayor ari A410 ttt st : M City !i erk Corporate Seal BOYNTON BEACH LITT LEAGUE INC. Ra nd Weeks, Sr., President (. Attest: Cor' •rate Seal �� ��KrWJBIC, STATE OF FLORIDA Al LAR 4 �'� h ? ISSION EXPIRES AUG 20. 1 988. •� S,Tf OUCH MUROSKI- ASHT IN0.i ;;-4s, AGREEMENT This Agreement, made and entered into this 3rd day of March , 1981, by and between the CITY OF BOYNTON BEACH, FLORIDA, a Municipal Corporation, organized and existing under the laws of the State of Florida, acting by and through its duly constituted officer 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 real property, 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 respec- tively; and WHEREAS, CITY has constructed on said real property, two ball fields; and WHEREAS, LEAGUE has constructed between said two ball fields a two story CBS building; and WHEREAS, LEAGUE constructed said building utilizing its own material and labor; and WHEREAS, CITY expended no monies on the construction of said building; and WHEREAS, said building is utilized as a concession stand, announcers booth and rest room; and WHEREAS, both parties desire that said ball fields and building be utilized to the greatest capacity; NOW THEREFORE, in consideration of the convenants herein contained and other good and valuable considerations, the parties agree as follows; 1. LEAGUE shall have first option as to the use of said fields during the period of February 1 and August 10. 2. LEAGUE shall make every effort to accomodate other events at said fields during said period. The City shall approve and schedule use of fields for other groups during the agreement time period when determined possible and appropriate. 3. LEAGUE shall have first option to operate concession stand at all events utilizing said field. 4. LEAGUE shall pay the costs for all products sold at said concession stand and retain said profits therefrom. 5. 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. Each party shall be responsible for repair or replacement of equipment damaged by said parties. 6. In event CITY elects to construct an addition to said building and /or a barbecue area adjacent to said building, LEAGUE will assist in providing labor and /or material, if CITY requests, to said project in accordance with LEAGUE'S means. 7. CITY shall pay utilities for said building. 8. Each party may cancel this Agreement on one hundred twenty (120) day notice to the other party. If said termination date shall fall during the period of February 1 to August 10, it shall be extended to August 10 unless waivered by both parties. Cancellation notice shall be in writing. 9. This Agreement is to continue in force until cancelled by either party but must be re- executed every five (5) years. Failure of either party to re- execute this Agreement shall be construed as a notice of termination. 10. Either party desiring to modify this Agreement, shall notify the other party prior to being placed on the Council agenda. IN PRESENCE OF CITY OF BOYNTON BEACH, FLORIDA • BY:,4162' �'` ".. d �1LCt .(c a%C , I Edward F. Harmening, Mayor 7 Attest: M 't1 /4 "4/(1/ Corp Seal BOYNTON BEACH LITTLE LEAGUE,INC. BY: Ed Sisko, President t Attest: , J' Corp Seal NOTARY PUBLIC, STATE OF FLORIDA AT LARGE MY COMMISSION EXPIRES OCT. 15, 1983 BONDED THROUGH MUROSKI- ASHTON. INC APPROVED Cit Att orney City Manager ii AGREEMENT This Agreement, made and entered into this 2-.:1-e day of - `1- 4 ,1976, by and between the CITY OF BOYNTON BEACH, [FLORIDA, a Municipal Corporation, organized and existing under the laws of the State of Florida, acting by and through its duly 'constituted officer 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 real property, situated in Palm Beach County in the City of Boynton Beach, and bounded on Itwo sides by S.W. 3rd Street and S.W. 15th Avenue respectively; and 1 WHEREAS, CITY has constructed on said real property, two ball fields; and WHEREAS, LEAGUE has constructed between said two ball fields a two story CBS building; and WHEREAS, LEAGUE constructed said building utilizing its own material and labor; and WHEREAS, CITY expended no monies on the construction of said building; and 1 ! WHEREAS, said building is utilized as a concession stand, - nnouncers booth and rest room; and WHEREAS, both parties desire that said ball fields and building be utilized to the greatest capacity; 11 NOW THEREFORE, in consideration of the convenants erein contained and other good and valuable considerations, the arties agree as follows: i 1 DAVID D CENTOLA ATTORNEY AT LAW 136 N W 2ND AVENUE P 0 BOX 26 BOYNTON BEACH, FLORIDA 33435 FLORIDA 33435 II I � shall notify the other party prior to being placed on the 'I, Council agenda. IN PRESENCE OF :. - o CITY O BOYNTON BEACH,,, FLORIDA l i f By: DeLong, M or ROVED 1 84, 4-x-ve-P) Attest: /4i ,a��, Attorney . Corp Seal /� ��'K , / City Manager BO NTQN BEACH L ITTLE LE GLUE, INC Li YW- � ^r� (Ib �� By: Ge artin -Culet Presi ent Attest;! c �< /j),( ._ ` �.�, Corp Seal i 3 DAVID D CENTOLA ATTORNEY AT LAW 136 N W 2ND AVENUE P 0 BOX 26 BOYNTON BEACH, FLORIDA 33435 AGREEMENT THIS AGREEMENT, made and entered into this .� AGREEMENT THIS AGREEMENT, made and entered into this .1 day of f , 1991, by and between the CITY OF ( BOYNTON BEACH, FLORIDA, a Municipal corporation, organized land existing under the laws of the State of Florida, acting by and through its duly constituted officer hereinafter ;referred to as "CITY" and BOYNTON BEACH LITTLE LEAGUE, INC., is Florida not for profit corporation, hereinafter referred to as "LEAGUE". WITNESSETH: WHEREAS, CITY is the owner of real property known as Little League Park, hereinafter referred to as "PARK ", 1situated 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, concession stand, storage building, restrooms and parking areas; and WHEREAS, 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. LEAGUE shall have first option as to the use of the fields at PARK during the period of February 1 and August 10. 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. 3. The CITY shall have sole authority to approve and schedule use of the PARK by other groups outside the stipulated Agreement time period. 4. 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 1 costs for all products sold at said concession stand and retain said profits therefrom. 5. In event LEAGUE does not exercise their option to Operate said stand, CITY may operate said stand utilizing tEAGUE'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 parties. 6. The CITY shall pay utility costs for the Concession and storage building restrooms, and ballfield lighting systems. 7. The CITY shall maintain the ballfields 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 thaintenance during evenings and weekends during the Agreement period. 8. The LEAGUE shall maintain a comprehensive general liability insurance policy with minimum limits of $1,000,000.00 per occurrence, combined single limit for bodily injury liability and property damage liability, including premises and operations. The policy shall be endorsed to contain the following provisions: The City of Boynton Beach, its officers, official employees and volunteers shall be included 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. 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. 2 The LEAGUE shall inform its insurer to furnish directly to the CITY of Boynton Beach certificates of insurance with original endorsements affecting coverage required within. The LEAGUE shall provide binders indicating placement of coverage to CITY prior to February 1, 1991. The user's insurance coverage shall be primary as respect to the CITY. 9. Each party may cancel this Agreement on one (hundred twenty (120) day notice to the other party. If said termination date shall fall during the period of February 1 to August 10, it shall be extended to August 10 unless {wavered by both parties. Cancellation notice shall be in Writing. 10. This Agreement is to continue in force unless bancelled by either party. The Agreement shall N automatically renew for an additional five (5) years unless I neither party wishes to modify or terminate the Agreement. 11. Either party desiring to modify this Agreement, 'shall notify the other party prior to being placed on the / Commission Agenda. ' IN THE PRESENCE OF: CITT -OF YNTO BEACH, FLORIDA �l 7 1 / (I- V �u - �z �'��� I tnes Gene Moore, Mayor ;Wit -ss ATTEST: I Cit / Clerk (Corporate Seal) 11111PAti. « - A i � i NTON :EActi_1IT'FL EAGUE i• - -s l V ; INC. � " p i 7 j ' ;Witness Jon F..selman, Pre ident -U/ , 14Approved as to fox': Sec e ' ry a /, .--V ., / ' ` �- ' / (Corporate Seal) 1 7 4it Attorney / l 3