AGREEMENT
THIS AGREEMENT, made this ________ day of ________________, A.D. 2002
between the CITY OF CASSELBERRY, a municipality, herein referred to as “City” and
Casselberry Little League, hereinafter referred to as “Youth Organization”.
WHEREAS, the City is the owner, of certain real property located in Casselberry,
Florida, commonly known as Wirz Park and Secret Lake Park, hereinafter referred to as “Park”;
and
WHEREAS, the Youth Organization desires to utilize certain facilities hereby defined as
baseball fields and associated in Wirz Park and Secret Lake Park for the purposes hereinafter set
forth.
NOW THEREFORE, in consideration of the covenants herein contained, it is mutually
agreed between the parties as follows:
1. Term. The initial term of this Agreement shall be for the period of six (6) years
commencing on the day of execution of this agreement and terminating on December 31, 2007.
2. Option to Request Renew. That the Youth Organization shall have the option to
request renewal of this Agreement for one (1) additional term, not to exceed six (6) years, upon
written notice to the City received at least ninety (90) days prior to the expiration of this
agreement on the same terms and conditions as herein, and after City approval.
3. Use of Property. The City hereby agrees to permit the Youth Organization to utilize
all aforementioned restrooms and fields for the purpose of providing Little League Baseball as a
sanctioned group of the City of Casselberry Parks and Recreation Department subject to the
following terms and conditions.
a. Use of the facilities will be in accordance with all applicable laws, rules,
regulations, policies and procedures, including prescribed safety rules and
regulations which now exists or may be added in the future by the City. The
City will provide a copy of such rules, regulations, and policies to the
organization and amendments thereto.
b. The Youth Organization will provide and administer adequate personnel to
supervise all activities, which take place at the Parks, which are under the
control of the Youth Organization. Training will be under the guidelines of the
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National Youth Sports Coaches Association and conducted by NYSCA
certified clinicians or comparable accredited clinic.
c. All volunteers with the Youth Organization must undergo and pass to the
satisfaction of the City a background screen prior to any assignment with the
youth organization. Screening will be at the sole cost of the City.
d. The Youth Organization will retain title to all its personal property placed at the
Park. The Youth Organization will furnish to the Parks and Recreation
Department, an annual inventory of all personal property located at the Park.
e. A schedule of dates for the use of the facilities will be coordinated and agreed
upon in advance by the Youth Organization and Parks and Recreation Director
so as to avoid conflict between City and Youth Organization use. Scheduling
will be done annually in January for the coming year. Schedules are subject to
changes due to the size of the leagues, field conditions, and other appropriate
factors. A minimum field use is attached as Exhibit “A”; however, field use
may be disrupted to make reasonable accommodations for city purposes.
4. Improvements. The plans, specifications, and location for all improvements,
structures, landscaping, and facilities made by the Youth Organization to the facilities shall be
submitted to and approved by the City prior to the construction or installation of such
improvement.
5. Fees and Charges. No fees or charges of any kind shall be levied by the Youth
Organization for use of the facilities. Youth Organization will pay the city a fee of $65.00 per
team, per season, for use of the fields. Youth Organization will also pay a $10.00 per child fee
for each non-resident. The Youth Organization agrees to pay $50,000 in no less than equal
installments over the term of this Agreement to the City for the installation of lights at Secret
Lake Park. First payment is due in 2003. Failure to pay any fees associated with this contract
will constitute a breach of contract and be considered cause for immediate termination.
6. Indemnification and Insurance. The Youth Organization agrees that it will indemnify
and hold harmless the City from any and all liability, claims, damages, expenses (including
attorney’s fees), proceedings and causes of action of every kind and nature, arising out of or
connected with the use, occupation, management or control of the facilities. The Youth
Organization agrees that it will, at its own expense, defend any and all actions, suits or
proceedings which may be brought against the City in connection with the use of said facilities
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and that it will satisfy, pay, and discharge any and all judgments that may be entered against the
City in any such action or proceeding.
The Youth Organization further agrees to provide and maintain at all times during the
term of this Agreement, without cost or expense to the City, policies of insurance generally
known as comprehensive general liability policies by companies acceptable to the City, insuring
the Youth Organization against any and all claims, demands, and causes of action whatsoever for
injuries received and damage to property in connection with the use, occupation, management or
control of the facilities and any improvements thereon. Said policies of insurance shall insure
the Youth Organization in the amount of not less than $1,000,000 per occurrence to cover any
and all liability claims arising out of or in connection with this Agreement, and property damage
liability insurance in the amount of no less than $100,000 per occurrence or the stated value of
the property utilized, and shall name the City of Casselberry as additionally insured. The City
shall be entitled to thirty (30) days notice of any changes or cancellation in said policies. The
Youth Organization shall notify the City immediately in writing of any potentially hazardous
condition existing on or about the facilities.
All personal property housed or placed at the Park shall be at the risk of the Youth
Organization and the City shall not be liable for any loss or damage to the Youth Organization’s
personal property regardless of the reason for the damage or loss. The Youth Organization
agrees and understands that the City does not and shall not carry liability, theft, or fire insurance
on said property to cover the Youth Organization’s interest therein.
A certificate of such insurance policies shall be filed with the Parks and Recreation
Department, 125 E. Melody Lane, Casselberry, Florida 32707, within ten (10) days of the date of
execution of this Agreement and provided annually each January.
7. Notice. Notices shall be given to the City by mailing written notice postage prepaid
to the Parks and Recreation Director, 125 E. Melody Lane, Casselberry, Florida 32707; and said
notice shall be given to the Youth Organization by mailing written notice, postage prepaid, to
Casselberry Little League, P.O. Box 181762, Casselberry, Florida 32718-1726.
8. Special Provisions.
City to Provide:
a. Field maintenance to include preparation of clay area and lining of field and the
operation of the sprinkler system Monday through Friday.
b. Mowing twice per week with a reel mower on the Bermuda.
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c. Repairs and maintenance of facilities.
d. Provide restrooms during normal use.
e. Provide meeting rooms at such facilities as shall be approved by the City for
training and registration when requested and properly scheduled.
f. Provide approved home plate and bases.
g. Provide overhead lighting and electrical system in good working condition.
h. Provide fertilization and pest control for all fields.
i. Provide for storage of fence and portable mound.
Youth Organization to Provide:
a. Saturday field maintenance to include preparation of clay area lining of fields.
b. Obtain any necessary permit prior to placing on-site or off-site signs within the
City.
c. Pick up each day litter left after play.
d. Report any repairs deemed necessary to the Parks and Recreation Director
using the facility work request form in Exhibit “B”.
e. Supply the department with copies of all team rosters of those players using
City facilities and league schedules, as well as any information, which is
distributed from City property.
f. Administrate and manage all aspects of youth organization (including handling
any disputes within the Youth Organization).
g. Pay the electric and telephone costs related to the press box.
h. Maintain and repair scoreboard as needed.
i. Maintain and repair press box as needed.
j. Maintain sponsor signs.
k. Provide to the City a copy of the Youth Organization’s annual financial
statement executed by the Youth Organization’s Board of Directors within
thirty (30) days of each fiscal year.
l. Administer and maintain appropriate levels of control over league background
checks, including but not limited to providing necessary releases, obtaining
signatures, maintaining confidentiality, maintaining records, and making
decisions regarding suitability to participate for all volunteers.
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9. Termination Procedure. Termination of this Agreement by the City shall be by
written notice directed to the Youth Organization. The City shall have the right to terminate this
Agreement, with or without cause, upon 30 days written notice to the Youth Organization. Upon
termination, the City shall have the right, immediately and without further notice, to enter and
take exclusive possession of the area occupied by the Youth Organization in connection with its
operations under this Agreement. If at the time of any such reentry by the City there will be any
personal property (including trade fixtures) of the Youth Organization or of any other person
(other than the City) in those reentered areas, the City may remove the personal property and
place it in a public warehouse at the expense and risk of the owners of the property. The Youth
Organization shall reimburse the City for any expense incurred by the City in conjunction with
any removal or storage.
Upon termination by the City, all rights, powers, privileges and authority granted to the
Youth Organization under this Agreement shall immediately cease and the Youth Organization
shall vacate the premises immediately.
The remedies provided the City upon termination shall not be considered to be exclusive
but instead shall be cumulative and shall not affect any other right or remedy available to the
City.
10. Power of the City. Nothing contained in this Agreement shall be considered to
diminish the governmental or police powers of the City.
11. This agreement may not be assigned.
12. No Partnership. Nothing contained herein shall make or be deemed to make the City
and the Youth Organization a partner of one another, and this Agreement shall not be construed
as creating a partnership or joint venture between any of the parties to the Agreement, or
between any of the parties referred to in the Agreement.
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IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the
day and year first above written.
Witnesses:
_________________________________________
Casselberry Little League
By: President
Attest:____________________________________
CITY OF CASSELBERRY, FLORIDA
By:_______________________________________
BRUCE A. PRONOVOST
Mayor/Commissioner
Attest:_____________________________________
Thelma McPHERSON
City Clerk
EXHIBIT “A”
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ADDENDUM
Minimum Field Use
Fields will be made available at a minimum as outlined below. Field use may be greater as
needs of the Youth Organization expand and is mutually agreed upon each January.
DATES:
Session One: February 1 - May 30
Session Two: June 1 - July 30
Session Three: September 1 - November 15
FIELDS:
Wirz Park:
Session One: All fields, 7 days per week.
Session Two: All fields, 3 days per week.
Session Three: All fields, 7 days per week.
Secret Lake Park:
Session One: Ballfield, 2 weeknights and one 6 hour Saturday
Session Two: Ballfield, 2 weeknights
Session Three: Ballfield, 2 weeknights and one 6 hour Saturday
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