Loading...
HomeMy WebLinkAbout2011USE AGREEMENT BETWEEN CITY AND SEBASTIAN SHARKS YOUTH FOOTBALL IN AND FOR CONSIDERATION of the mutual promises herein, the sufficiency of which is hereby acknowledged, the CITY OF SEBASTIAN, a Florida municipal corporation, hereinafter referred to as "CITY and the SEBASTIAN RIVER YOUTH FOOTBALL CHEERLEADING ASSOCIATION, INC., a non profit Florida corporation, hereinafter referred to as "SHARKS agree to be legally bound as follows: I. USE OF PREMISES From the date of execution hereof through December 31, 2015, SHARKS shall be allowed the use of Fields 1, 2 and 3 of the southern portion of the Barber Street Sports Complex as shown in the schematic attached hereto as Exhibit I, as well as the use of the Concession Stand Building identified in said Exhibit, in accordance with the terms set forth herein, for the purpose of operating a youth football league. The areas subject to this use agreement shall hereinafter be called the "Premises SHARKS shall not commit or permit the commission of any acts on the Premises, nor use nor permit the use of the premises in any way that: (a) violates or conflicts with any law, statute, ordinance or governmental rule or regulation, whether now in force or hereinafter enacted, governing the premises; or (b) constitutes the commission of waste on the premises or the commission or maintenance of a nuisance. SHARKS shall be entitled to ancillary use of public parking and recreational facilities within the Barber Street Sports Complex on the same terms as all other members of the public. II. RESERVATION FOR EXCLUSIVE USE The rights granted SHARKS herein relate to use of public facilities and do not in any way constitute possession of the Premises by SHARKS. At all times, CITY retains all rights of control and access to facilities subject to this Agreement. A. In- Season Usage From June 1 through December 31 of each year, SHARKS shall have exclusive use of Field 1 and the concession portion of the Concession Stand Building. However, if it does not interfere with a scheduled game of SHARKS, upon fifteen (15) days written notice, CITY shall be entitled to use of the concession facilities on a short-term basis for special events. Fields 2 and 3 shall be reserved for the exclusive use of SHARKS on Saturdays until one hour after home games, and from 2 p.m. to 9 p.m. on weekdays. SHARKS shall be entitled to retain all earnings from operation of the concession stand, and shall comply with all applicable laws, orders and regulations prescribed by any lawful authority having jurisdiction over the operation of the concession stand. In the event SHARKS is unable to operate said concession stand in accordance with all such regulatory requirements, or for any other reason ceases to operate the same, CITY shall be entitled to otherwise provide for operation of the concession stand and SHARKS shall have no further interest therein. B. Off Season Usage From January 1 through May 31 of each year, no less than twenty (20) days prior to the beginning of each month that SHARKS intend to use any portion of the Premises for organized activities, it shall submit a schedule of the dates and times during the upcoming month that it reasonably believes the exclusive use of the field and meeting rooms will be needed for the efficient operation of the league. Until the time passes for the submission of said schedule request, CITY agrees that it will not schedule other uses for these facilities. CITY shall review the request and within one week either approve the submitted times or confer with SHARKS as to any modifications thereto. Priority will be given to the reasonable needs of the SHARKS, however, the ultimate decision as to scheduling exclusive use shall rest in the sole discretion of CITY. The Premises shall be reserved for the exclusive use of SHARKS at the times determined hereunder. Nothing herein shall prohibit SHARKS from requesting use of these shared facilities at any time under the same process in place for other organizations. C. Year -Round Usage CITY will designate an area within the area of the Premises in which SHARKS may place a structure for exclusive storage of equipment. Until and unless said structure is placed, the City Manager may designate areas within the Concession Building for storage upon such terms as he determines is in the public interest. Further, SHARKS are not required to remove the equipment utilized within the Concession Area during the off season. III. ASSIGNMENT SHARKS may not assign, or otherwise transfer any right or interest in this Agreement without the prior express written consent of CITY. IV. MAINTENANCE AND REPAIRS CITY shall generally maintain the Premises in a good, clean, and safe condition to the accepted standards maintained for City park facilities. SHARKS shall have responsibility for preparation of the field for league play, including lining of the play area as well as any mowing, etc., desired above general park use standards. SHARKS shall be responsible for replacement of light bulbs for the scoreboards and the interior of the concession area during the season, as well as the repair and maintenance of food storage and preparation equipment within the concession area. Following periods of use, SHARKS shall leave the Premises locked and secured, in good clean condition and repair, reasonable wear and tear and damage by the elements excepted. SHARKS shall leave the restrooms clean and orderly, and supplied with toilet paper and all other necessary sanitary items. Garbage and waste shall be gathered, bagged and left in receptacles provided at the Premises. All equipment shall be put away in an orderly fashion. SHARKS shall be responsible for repair of any damage occasioned by the use of the Premises beyond reasonable wear and tear. V. INSURANCE The CITY shall have no obligation to keep the buildings and improvements on the Premises insured nor shall the CITY have any obligation to insure any personal property used in connection with the Premises. In the event that the SHARKS's use and occupancy of the Premises causes any increase in the premium for any property casualty or fire insurance maintained by CITY on the Premises or any portion thereof, SHARKS shall reimburse CITY for the amount of said increase within thirty (30) days of notice of the same. At all times during the term of this Agreement, SHARKS shall, at its own cost and expense, secure and maintain a broad form comprehensive coverage policy of public liability insurance issued by an insurance company acceptable to CITY and insuring CITY against loss or liability caused by or connected with SHARKS's occupation and use of the Premises under this Agreement in amounts not less than: (a) $300,000 for injury to or death of one person and, subject to such limitation for the injury or death to one person, of not less than $1,000,000 for injury to or death of two or more persons as a result of any one accident or incident; and (b) $300,000 for damage to or destruction of any property of others; or such higher amount as may be set as the liability limits under the waiver of sovereign immunity provisions of law. Any policy or policies of insurance required pursuant to this Agreement shall be issued by one or more insurance companies authorized to engage in business in the State of Florida and which have a rating of at least A+ by A.M. Best and Company and at least an AA rating by both Moody's and Standard and Poors. Such shall contain a clause preventing cancellation of any coverage before thirty (30) days written notice to the CITY and shall name the CITY as an additional insured. Upon the request of the CITY, the SHARKS shall provide copies of said policies to the CITY. Nothing in this Agreement shall be construed as a waiver by CITY of the protections of sovereign immunity. VI. DESTRUCTION OF PREMISES In the event the building and /or other improvements erected on the Premises are destroyed or damaged by fire or other casualty, the CITY shall have no responsibility or obligation to make any expenditures toward the repair and /or replacement of the building and other improvements on the Premises. CITY, at its option, shall either cause said building and /or other improvements to be replaced or said damage to be repaired as rapidly as practicable, or shall elect not to repair the Premises and terminate the Agreement. Any insurance proceeds relating to the Premises, whether CITY elects to repair or replace the improvements on the Premises or not, shall be the sole property of CITY and SHARKS shall have no claims against any insurance proceeds paid on account of such damage. VII. ALTERATIONS ADVERTISING SHARKS shall not make or permit any other person to make alterations to the Premises without the prior written consent of CITY. Any alterations to the Premises by SHARKS shall be made at the sole cost and expense of SHARKS, but shall be the property of CITY. SHARKS shall be permitted the right to post commercial or private advertising signs as a fund raiser. All funds derived from advertisement shall be used to make Premises improvements or directly fund SHARKS. Signs shall not be posted in a manner or area that generates general public complaint. The CITY reserves the right to reject and prohibit posting of advertisement signs on the Premises at any time. VIII. INDEMNITY SHARKS shall indemnify, defend and hold CITY and the property of CITY, including the premises, free and harmless from any and all liability, claims, loss, damages or expenses, including counsel fees and costs, arising by reason of the death or injury of any person, including any person who is an employee or agent of SHARKS, or by reason of damage to or destruction of any property, including property owned by SHARKS or any person who is an employee or agent of SHARKS, in any way caused by, connected with or occurring during SHARKS's exclusive use of the Premises or other appurtenant or related CITY properties arising under this Agreement other than intentional acts of CITY or an employee or agent of CITY. IX. UNREMOVED PERSONAL PROPERTY AND FIXTURES Any personal property or trade fixtures that are not removed from the Premises by SHARKS within thirty (30) days after the last game of a season or termination of this Agreement shall be deemed abandoned by SHARKS and shall automatically become the property of CITY as owner of the real property. X. REMEDIES FOR DEFAULT Should SHARKS be guilty of a material default and breach of this Agreement, CITY, in addition to any other remedies given by law or equity, may terminate SHARKS's right to use the Premises immediately. XII. WAIVER OF BREACH The waiver by CITY of any breach by SHARKS of any of the provisions of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach by SHARKS either of the same or another provision of this Agreement. XII. NOTICES Any notice, report, statement, approval, consent designation, demand or request to be given and any option or election to be exercised by a party under the provisions of this Agreement shall be effective only when made in writing and delivered (or mailed by registered or certified mail with postage prepaid) to the other party at the address given below: CITY: City of Sebastian 1225 Main Street Sebastian, FL 32958 Attn: City Manager SHARKS: Sebastian River Sharks Youth Football Cheerleading Association, Inc. 13537 PMB #1.2S 13a Sebastian, FL 32958 Attn: President provided, however, that either party may designate a different representative or address from time to time by giving to the other party notice in writing of the change. XHI. LITIGATION In the event of litigation arising out of this writing, venue shall be in Indian River County, Florida and the terms of this Agreement shall be construed and enforced according to the laws of the State of Florida. In any action arising out of the enforcement of this writing, the prevailing party shall be entitled to an award of reasonable attorneys fees and costs, both at trial and all appellate levels, based upon the prevailing rates of private attorneys in the venue. THE PARTIES HERETO SPECIFICALLY WAIVE THE RIGHT TO TRIAL BY JURY IN ANY SUCH LEGAL PROCEEDING. XIV. WHOLE AGREEMENT This Agreement contains all of the understandings by and between the parties hereto relative to the use of the Premises, and all prior or contemporaneous agreements relative thereto have been merged herein or are voided by this instrument, which may be amended, modified, altered, changed, revoked or rescinded in whole or in part only by an instrument in writing signed by each of the parties hereto. Neither party has in any way relied, nor shall in any way rely, upon any oral or written agreements, representations, warranties, statements, promises or understandings not specifically set forth in the Agreement Documents. This Agreement shall not be construed against the party who drafted the same, as both parties have obtained experts of their choosing to review the legal and business adequacy of the same. ATTEST: EXECUTED on this 26 day of January, 2011 at Sebastian, Florida. Sally A. M io, MMC City Cle Approved as to Form and Legality for Reliance by the City of Sebastian only: Robert A. Ginsburg, City ttorney SEBASTIAN RIVER SHARKS YOUATH FOOTBALL CHEERLEADING ASSOCIATIO CITY OF SEBASTIAN A M nici 1 Corporation Minner, III, City Manager Secretary: ST: EXHIBIT "I" 1. GENERAL INFORMATION Sports Organization Name: Sebastin Sharks Youth Football and Cheerleading Assoc Type of Organization: team Contact's Name: Michael Lanam Primary Location Address: PMB 132 13537 US 1 Address 2: City: Sebastian State: FL County: Postai Zip Code: 32958 Home Phone: (772) 589 -8188 Business Phone: (772) 589 -2779 Fax: Email Address: jennaanam ©comcast.net Temporary Email Address: Website: Sebastiansharks.com How did you find out about Sadler Company: Already doing business with Sadler Do your Facility Owners Require a Certificate Of Insurance? Yes Online Agreement and Warranty Statement accepted? Yes II. MEDICAL EXPENSE l GENERAL LIABILITY INSURANCE Team Selection III. CERTIFICATES OF INSURANCE Sadler Sports: AYF Insurance Plan American Youth Football American Youth Cheer Online Application Verification of Coverage Application Receipt Date /Time: 06/24/2010 06 :31:24 AM Division Tackle Football Ages 9 Under Tackle Football Ages 12 Under Tackle Football Ages 15 Under Flag Football Ages 5 -17 Cheer Dance Step Squads Class 1 (no charge) Cheer Dance Step Squads Class 2 Cheer Dance Step Squads Class 3 TOTAL CHARGES: $1,977.02 Accident Policy Number PTPN01882922 National Casualty Company General Policy Number KR00000001024100 Effective Date 12:01 AM ET 06/302010 Expiration Date 12:01 AM ET 06/30/2011 Limits $100,000 Accident $1,000,000 General Liability Accident Insurance Deductible $100 Accident Insurance Plan Full Excess of Teams 2 2 2 4 8 0 0 Totals Total $330.00 ($165.00 per team) $422.00 ($211.00 per team) $650.00 ($325.00 per team) $272.00 ($88.00 per team) $0.00 ($0.00 per team) $0.00 ($34.00 per team) $0.00 ($74.00 per team) $1,674.00 Limits Charges Option 1 100,000 Accident $1,000,000 General Liability ($100 Accident Deductible) $1 674.00 $1.000,000 Optional Coverage: Directors Officers Liability $300.00 State Surplus Lines Tax/ Surcharge (FL 1.0077 $3.02 $25,000 Optional Coverage: Crime Not Covered Slate Surplus Lines Tax/ Surcharge (FL -1 $0.00 $0 Optional Coverage: Equipment Not Covered State Surplus Lines Tax/ Surcharge (FL 1.0077 $0.00 LIST OF PREVIOUSLY ADDED FACILITY OWNERS AND SPONSORS Action City of Sebastian Property Owner 1225 Main St Sebastian, FL 32958 Brevard County Football Cheerleading Association Certificate Holder P.O Box 791 Sharpes, FL 32959 Mclbourne High School Certificate Holder 74 Bulldog Blvd Melbourne, FL 32901 Sadler Sports: AYF Insurance Plan With respect to the General Liability, the certificate holder(s) below are added as an Additional Insured soley in their capacity as a property owner or sponsor with respect to liability arising out of the insured's operations. This insurance does not apply to the sole negligence of the Additional Insured. IV. OPTIONAL COVERAGES In Lousiana Only: Phila Insurance Company Philadelphia Insurance Company Philadelphia Indemnity Optional Coverages are effective only upon final underwriting and acceptance by Philadelphia Insurance Companies. If effective, all Optional Coverages expire one year after effective date. Directors Officers Liabitty ($1,000,000 limit, $1,000 deductible) Policy Nummber: Effective Date: Did your sports organization purchase a D 0 Policy LAST YEAR from an insurance agency OTHER THAN Sadler Company? Yes Has there been any claim made, or is there any now pending against any corporation or persons proposed for this insurance? No details: Does any corporation, director, officer or any other person proposed for this insurance have any knowledge or information of any breech of duty, error, misstatement, misleading misstatement or omission, which could rise to a claim against them? No details: Has any corporation, director, officer or any persons proposed for this insurance been the subject of any suit, Inquiry, complaint or Notice of Hearing, including, but not limited to, sults, inquiries, complaints or Notice of Hearing based upon or arising from charges of discrimination, sexual harassment or wrongful termination? If so, give details: No details: Premium Accepted: Pending Approval Notes: Crime insurance NOT APPLIED FOR Equipment Coverage NOT APPLIED FOR Summary of Declined Optlonals V. POLICY PERIOD CHANGES Date 07/13/2010 08:42 AM 07/13/2010 08:42 AM 07/13/2010 08:43 AM Approved Yes Yes Yes Effective Date 06/30/2010 12:01 AM 06/30/201012:01 AM 06/30/2010 12:01 AM Change Add COI: City of Sebastian Property Owner -1225 Main St Sebastian, FL 32958 Add COI: Brevard County Football Cheerieading Association Property Owner- P.0 Box 791 Sharpes, FL 32959 Add COI: Melbourne High School Property Owner 74 Bulldog Blvd Melbourne, FL 32901 Sadler Company, Inc.* P.O. Box 6866 Columbia, SC 292504866 Phone: 1.600.622 -7370 Fax: M03)256-4017* Email: ayfesadlersports.com Sadler Sports: AYF Insurance Plan With respect to the General Liability, the certificate holder(s) below are added as an Additional Insured soley in their capacity as a property owner or sponsor with respect to liability arising out of the insured's operations. This insurance does not apply to the sole negligence of the Additional Insured. UST OF PREVIOUSLY ADDED FACILITY OWNERS AND SPONSORS I Action IV. OPTIONAL COVERAGES Philadelphia Indemnity Insurance Company in Lousiana Only: Philadelphia Insurance Company Optional Coverages are effective only upon final underwriting and acceptance by Philadelphia Insurance Companies. If effective, all Optional Coverages expire one year after effective date. Directors Officers Liability ($1,000,000 limit, $1,000 deductible) Policy Nummber, Effective Date: Did your sports organization purchase a D 0 Policy LAST YEAR from an insurance agency OTHER THAN Sadler Company? Yes Has there been any claim made, or Is there any now pending against any corporation or persons proposed for this insurance? No details: Does any corporation, director, officer or any other person proposed for this insurance have any knowledge or information of any breech of duty, error, misstatement, misleading misstatement or omission, which could rise to a claim against them? No details Has any corporation, director, officer or any persons proposed for this insurance been the subject of any suit, inquiry, complaint or Notice of Hearing, including, but not limited to, suits, inquiries, complaints or Notice of Hearing based upon or arising from charges of discrimination, sexual harassment or wrongful termination? If so, give details: No details Premium Accepted: Pending Approval Notes: Crime Insurance NOT APPLIED FOR Equipment Coverage NOT APPUED FOR Summary of Declined Optionals V. POLICY PERIOD CHANGES Sadler Company, Inc P.O. Box 6886 Columbia, SC 292504886 Phone: 1-900.622 -7970 Fax: (803) 2664017 Emell: ayf fsadleraports.com