R08-003
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2 RESOLUTION NO. R08- 00:3
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5 A RESOLUTION OF THE CITY COMMISSION OF
6 BOYNTON BEACH, FLORIDA, APPROVING AN
7 AGREEMENT BETWEEN THE CITY OF BOYNTON
8 BEACH AND BOYNTON BEACH ATHLETIC
9 ASSOCIATION, INC. (BBAA), TO ALLOW BBAA TO
10 MANAGE THE BALL FIELDS AND RELATED
11 AMENITIES AT LITTLE LEAGUE PARK;
12 AUTHORIZING THE CITY MANAGER AND CITY
13 CLERK TO EXECUTE SAID AGREEMENT; AND
14 PROVIDING AN EFFECTIVE DATE.
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17 WHEREAS, BBAA has developed an Agreement where they will take over the
18 maintenance and scheduling of the baseball fields, concession building, batting cages and
19 related amenities at Little League Park; and
20 WHEREAS, BBAA will be responsible for maintenance of the baseball related
21 facilities, the purchasing of materials and supplies and the cost of electricity and water; and
22 WHEREAS, the City Commission of the City of Boynton Beach deems it in the best
23 interest, health, safety and welfare of the citizens and residents of Boynton Beach to enter into
24 the Agreement with Boynton Beach Athletic Association.
25 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
26 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
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Section 1.
Each Whereas clause set forth above IS true and correct and
28 incorporated herein by this reference.
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Section 2.
The City Commission of the City of Boynton Beach, Florida hereby
30 approves and authorizes the City Manager and City Clerk to execute the Agreement between
31 the City of Boynton Beach and Boynton Beach Athletic Association, to allow BBAA to
s: \CA \RESO\Agreements\BBAA .doc
II
manage the ball fields and related amenities at Little League Park, a copy of said Agreement is
2 attached hereto as Exhibit "A".
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Section 3.
That this Resolution shall become effective immediately upon passage.
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PASSED AND ADOPTED this ~ day of January, 2008.
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ATTEST:
Yn. p~
t M. Prainito, CMC
ty Clerk
S:\CA \RESO\Agreements\BBAA.doc
CITY OF BOYNTON BEACH, FLORIDA
~
J;qerry T lor
/-
co~mis~ner - Ronald Weila
l/~. ~
Commissioner - Woodrow L. 1
C-7;?~ ~
Commissioner - Marlene Ross
ROB - 003
AGREEMENT
THIS AGREEMENT, made and entered into this ~ day of Ja.outJ...l1 ' 20Qa, 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 ATHLETIC ASSOCIA nON, INC., a
Florida not-for-profit corporation, hereinafter referred to as
"BBAA. "
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 and fenced ballfields with score
boards and bleachers, pitching wall, three batting cages, storage shed, picnic pavilion with tables
and benches, concession stand building, restroom with storage area attached, clay and sand
storage bins, Casey walkway and a parking area; 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:
1.0 Recitals. The foregoing recitals are true and correct and are hereby incorporated
into this Agreement.
2.0 Use of Little League Park.
2.1 BBAA will have full control of the Park and amenities from January
through December 31 of each year this Agreement remains in force.
2.2 BBAA will have sole authority to approve and schedule use of the PARK
by other groups not related to Little League providing said groups meet
CITY permitting and insurance.
3.0 Maintenance.
BBAA Shall:
3.1 BBAA shall maintain the four ball fields from the fencing in. BBAA will
also maintain the common areas surrounding the batting cages within the
fenced area where the cages are situated. BBAA will maintain the
common areas between fields 2 and 3 along the asphalt walkway to the
end of the fencing on field 2 outfield, the Casey Walkway from the
beginning of the asphalt walkway to the entrance of the batting cages, the
area along the walkway between fields 1 and 4 from the beginning of the
left field fence to the end of the backstop on field 4.
3.2 BBAA will maintain the batting cage structure and storage shed.
3.3. BBAA will maintain the garden areas behind the backstops on field 1 & 4.
3.4 Maintenance shall include the mowing, weeding, fertilizing, watering, clay
and general repair of the fields.
3.5 BBAA will maintain trash removal from the containers and cleaning and
maintaining the restrooms.
3.6 BBAA will maintain the concession stand on a day to day basis however
the CITY will be responsible for major repairs.
3.7 BBAA will have exclusive use of the storage area attached to the
restrooms.
3.8 BBAA will be responsible for tables and benches in pavilion area only.
3.9 BBAA will be responsible for bulb replacement on fields 3 & 4.
CITY shall:
3.10 CITY will train the appropriate BBAA personnel, as designated by the
BBAA President, in the use and operation of the irrigation system.
3.11 CITY will continue to maintain all other areas of the PARK.
3.12 CITY will be accessible to answer questions and assist with maintenance
issues beyond the control of BBAA during normal CITY working hours.
3.13 CITY will provide access to all electrical boxes, rooms and other areas
necessary to properly monitor electrical needs or issues.
3.14 CITY will replace netting and riggings on fields still damaged by past
years hurricanes prior to implementation of this Agreement.
3.15 CITY will repair light pole on left field side-field 3, all electrical outlets on
the 4 fields, fencing at bottom of backstop on field 1, dugouts on field 4
where needed, fencing down first base side and right center field on field 4
prior to implementation of this agreement.
3.16 CITY will insure that the parking areas are properly lighted prior to the
implementation of this agreement.
3.17 CITY will secure bleachers on field I.
3.18 CITY will train the appropriate BBAA personnel, as designated by the
BBAA President, in the use and operation of the security system and
cameras.
4. Insurance
BBAA will provide the proper insurance approved by the CITY for all
approved baseball activities played at the Park. The policy shall include
comprehensive general liability insurance with minimum limits of $1,000,000 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:
4.2.1.
4.2.2
4.2.3
The City of Boynton Beach shall be named as an additional
insured. The coverage shall contain no limitations on the scope of
protection afforded 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 in limits except after thirty (30) days prior written notice
by either certified mail, return receipt requested, has been given to
the CITY.
BBAA shall inform its insurer to furnish directly to the City of
Boynton Beach certificates of insurance with original
endorsements affecting coverage required within. BBAA shall
provide binders indicating placement of coverage to CITY prior to
the effective date of this Agreement.
4.2.4 CITY will continue to maintain all necessary insurance coverage to
protect its interest as determined by the CITY'S Risk Manager.
BBAA will provide all necessary insurance coverage, as
determined by the City's Risk Manager, to protect the buildings
and structures under the control of the BBAA as described in this
Agreement.
5.0 Consideration. CITY shall pay to BBAA the following maintenance fees over the term
of the Agreement:
Year One - $30,000
Year Two - $20,000
Year Three - $10,000
6.0 Term. This Agreement shall be for a period of three (3) years commencing on January I,
2008. The parties may agree to renew the Agreement for three (3) additional three (3)
year terms through the execution of a written Amendment to the Agreement signed by
both parties.
7.0 Termination. Each party may cancel this agreement for convenience or cause by
providing written notice of at least one hundred twenty (120) days to the other party.
Should this Agreement be terminated for cause, the reason(s) for the termination shall be
included in the notice. Any termination for convenience shall be without liability to the
terminating party.
8.0 Conduct. BBAA 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, officials, 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 BBAA and those resulting or
occurring from any negligent act, omission or error of BBAA, its officers, directors,
agents, employees, guests, or members resulting in or relating to injuries to body, life,
limb, or property sustained in, about, or upon the premises or improvements thereto, or
arising from the use of said premises.
9.0 Compliance with laws. BBAA 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 this
Agreement in violation of any such laws, ordinances, rules, or requirements, and if the
attention of the Licensee is called to any violation on the part of BBAA, or any person
employed by or admitted to the said premises by Licensee, such BBAA 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, BBAA 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 deemed necessary for the safety of the general
public, patrons, or guests.
12.0 Assignment Prohibited. BBAA shall not assign this Agreement, or sublet the demised
premises or any part thereof without the prior written consent of the CITY endorsed
hereon.
13.0 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 CITY shall be addressed to:
City Manager
City of Boynton Beach
P.O. Box 310
Boynton Beach, Florida 33425-0310
Notice to BBAA shall be addressed to:
Boynton Beach Athletic Association, Inc
P.O. Box 284
Boynton Beach, Florida 33425-0284
14.0 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.
15.0 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.
16.0 Termination of Prior Agreement. This Agreement has the immediate effect of
terminating any existing agreements between the CITY, BBAA, and Boynton Beach
Little League, Inc., pertaining to the use of the PARK, including that agreement between
the parties dated June 28, 2005. 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:
~O~d4:".
Kurt Bressner, City Manager
By
(CORPORATE SEAL)
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WITNESSES:
BOYNTON BEACH ATHLETIC ASSOCIATION, INC.
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BYc:J~~.~
President
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By
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'f~ w . f'y}' l{,,~V
I Secretary 0
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STATE OF FLORIDA )
)ss:
COUNTY OF PALM BEACH )
The foregoing instrument was acknowledged before me this I I ~ day of HI9~ , 200'8 by
DAVID t1.!JtJlIl~ and ~ Mc...Vey , as President and Secretary, respectively, of
Boynton Beach Athletic Association, Inc., a Florida corporation, on behalf of the corporation.
They are p~()nally:_kno~ me or have produced as identification
and did not (did) take an oath.
(SEAL)
" ,); vL",j ._ \" f .u,~uDA
.~. . 'Sherry A. Haden
Commission # DDS01276
Expires: JUNE 03, 2008
!J')l,j'il Thnl Atlantic Bonding Co., Inc.
My Commission Expires: & /3/0 Y
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Notary Pub' , State of Florida Signature of
Notary taking Acknowledgment