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Regardless of actual usage or cancellation, annually the Organization shall pay for a minimum <br />of 300 hours of field usage. <br />Section 4. Non -Exclusive Use of the Ballfields. Reservations made pursuant to this <br />agreement are subject to availability as determined by the County in the best interest of equitably <br />balancing competing demands for ball field reservations including those previously reserved <br />under separate but prior agreements. The Organization shall have the exclusive reservation of <br />the Ballfields on (days) between the hours of or as otherwise reserved <br />subject to availability. At all other times, the Ballfields shall remain available for reservation by <br />the public at the Standard Rental Rate. The Ballfields shall remainfopen to the public during <br />unreservedtime periods free of charge on a first come, first ser :-basis. <br />Section 5. Lining and Dragging the Ballfields. The County `lines and drags the Ballfields as <br />part of the routine maintenance of the Ballfields. <br />Section 6. Advertisement at Baseball Fields Fences._ The Organiza�tien shall bC'-entitled to <br />obtain revenue from any advertising the Organization sees at the BallfiIcis-. S , c advertising <br />shall be limited to banners or signs which ardisplayed o Aort o <br />the inside pn o the outfield <br />fences. Any banners or signs must be ap„.pr oved byfhe County Recreation anager prior to <br />display. All signage must comply with any �e iremenet fo hin Chr 956 of the Indian <br />River County Code of Ordinances, if applicabl The Orization shra pay the County 10% of <br />any revenue earned from advertisem=entat the BIlfields as set fortfi'in this section. Such <br />payments shall be made to the Count uri and ira addition to the total rent due as set forth <br />Y Y�q-�te, Y <br />in section 3 above. <br />Section 7. Organization E:q;ip...ent Storage. Th—e Orga zi ation shall have the right to store <br />equipment at the Ballfields, s,je. to apval be County Recreation Manager or his <br />Designee. The Organization wili--_lb�-_e re sibNor providing its own storage facilities for such <br />equipment. The Organization shall solely r esponsible for any damage or loss of such <br />equipment storedt the Ballfields. <br />Section,8r,,Insurar6 Requirements._(Jpon the Effective Date of this Agreement, the <br />Organizationeshall providd theCo{ura#y Tith evidence of insurance, including commercial general <br />liability; and if applicableauto nobile`liability and workers' compensation, for all of its organized <br />baseball teams. If the Organization adds any additional organized baseball teams, the <br />OrganizatiormshalliprovideVch evidence within 14 days of such addition. If children will be <br />supervised in connectign with' use of the Ballfields, sexual molestation liability insurance will also <br />be required. All insurance, with the exception of workers' compensation, will name the County <br />as additional insured. ,�',�' <br />Discretionary Authority — Depending upon the nature of any aspect of the use of the Ballfields <br />and its accompanying exposures and liabilities, the County may, at its sole discretion, require <br />additional insurance coverages or specific coverage amounts, which may or may not require <br />that the County also be named as an additional insured. <br />Section 9. Liability and Indemnification. The County shall in no way be liable or responsible <br />for any accident or damage that may occur in conjunction with any of the activities described in <br />this Agreement. The Organization shall defend, hold .harmless and indemnify the County with <br />respect to any and all actions, causes of action, liabilities, losses, damages or expenses <br />Page 2 of 5 <br />59 <br />