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58TH AVENUE/HOBART PARK BALLFIELDS
RENTAL AGREEMENT
THIS 58TH AVENUE/HOBART PARK BALLFIELDS RENTAL AGREEMENT
(hereinafter "Agreement") is entered into as of the Z day of February, 2016 (hereinafter
"Effective Date") by and between Indian River County, Florida, a political subdivision of
the State of Florida ("County") and Michael Paul Massey d/b/a Baseball Club of the
Treasure Coast (hereinafter "Baseball Club").
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WHEREAS, the County owns and maintains the baseball fields on 58th Avenue
located near the Kiwanis Hobart Park (hereinafter the "Ballfields") in Indian River County,
Florida; and
WHEREAS, the use of the Ballfields is otherwise free to those who use the field
without a reservation on a first come first served basis; and
WHEREAS, the County charges various reservation fees for the use of the
Ballfields including field and light charges. The standard fee is $20 per hour / per field
and light charges at $20 per hour/per field (the "Standard Rental Rate"), however, the
complex generates only nominal revenue for the County; and
WHEREAS, the Baseball Club of the Treasure Coast is a not-for-profit organization
dedicated to the development of competitive travel baseball teams in Indian River County,
managing four organized baseball teams serving approximately fifty players ranging in
age from nine to thirteen.
WHEREAS, instead of making individual reservations, the Baseball Club would
like to reserve a block of time for the use of the Baseball Club over the course of 2 years,
which will provide the County with a guaranteed source of revenue from the use of the
Ballfields; and
WHEREAS, in order to incentivize the mutually acceptable terms of this
Agreement, the Baseball Club will rent the Ballfields for a total of not less than 300 hours
annually;
NOW, THEREFORE, in consideration of the foregoing and the mutual benefits,
undertakings and covenants contained herein, and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, the parties
agree as follows:
Section 1. Adoption of "Whereas" Clauses. The above recitals are true and correct
and are incorporated herein.
Section 2. Term. The term of this Agreement shall be for 2 years, commencing on the
Effective Date and terminating 2 years after the Effective Date. The Agreement shall be
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renewable for three (3) one (1) year terms, by mutual consent of the County and the
Baseball Club. Any election not to renew shall be served by written notice to the other
party no less than 30 days prior to the expiration of the initial or any renewal term.
Section 3. Rental Fees for the Ballfields. Rental fees due for use of the Ballfields shall
be billable at the rate of$10 per hour/per field and $10 per hour for lights (The "Adjusted
Rental Rate"). All rent due shall be due monthly. At the end of each month, the County
will provide an invoice to the Baseball Club for the previous month's rent. The Baseball
Club will have five business days to pay the invoice. Cancellations shall be confirmed at
least 5 days in advance to avoid being charged, except that cancellations due to inclement
weather, including but not limited to rain, lighting or unfit conditions of the Ballfield, shall
not be charged.
The Baseball Club may receive credit against the Adjusted Rental Rate due for actual
Improvements to the Ballfields, as described in Section 6 below with advance approval
by the County Recreation Manager. Any direct purchase receipt for materials donated or
improvements made by the Baseball Club to the Ballfields shall be credited to the
Adjusted Rental Rate and applied to the next monthly rent payment due under the
Agreement. Any unused credits shall be rolled over and applied to the next monthly billing
cycle. Any remaining cash balance due shall be calculated at the Adjusted Rental Rate
and invoiced to the Baseball Club as part of the monthly invoice set forth in this section
above.
Regardless of cancellations, annually the Baseball Club shall pay for a minimum of 300
hours of fields and 100 hours of lights at the Ballfields. Any amount owed due to the
Baseball Club not meeting the minimum hours required under this Section for fields or
lights shall be included in the invoice for February each year.
Section 4. Non-Exclusive Use of the Ballfields. The Baseball Club shall have the
exclusive reservation of the Ballfields on Tuesdays and Thursdays between 5 pm to 9 pm
and on Sundays between 1 pm and 5 pm. At all other times, the Ballfields shall remain
available for reservation by the public at the Standard Rental Rate or reserved by the
Baseball Club at the Adjusted Rental Rate, The Ballfields shall remain open to the public
during unreserved time periods free of charge.
Section S. Lining and Dragging the Ballfields. The County lines and drags the
Ballfields as part of the routine maintenance of the Ballfields, however; the Baseball Club
shall have the right utilize Baseball Club's labor materials and equipment to line or drag
the Ballfields in preparation for games, practices, and other Baseball Club events which
occur during the times reserved for the Baseball Club as set forth in Section 4 above. The
maintenance set forth in this Section 5 shall not be allowed to be used for credit per
Section 3 above.
Section 6. Ballfields Improvements. The Baseball Club shall not make or allow to be
made any alterations, additions or improvements (hereinafter "Improvements") as set
forth in Section 3 above, without obtaining the prior written approval of the County, which
consent shall not be unreasonably withheld, delayed or conditioned. The Baseball Club
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shall deliver to the County a copy of the construction plans and specifications for all
Improvements, if applicable, which the Baseball Club proposes to make in or to the
Ballfields. The Baseball Club agrees that all approved work shall be done in a good and
workmanlike manner. The Baseball Club shall obtain, at the Baseball Club's expense, all
necessary permits and approvals from governmental authorities for the commencement
and completion of any such Improvements and shall furnish evidence of such approval to
the County prior to the commencement of construction or installation of any such
Improvements. All Improvements shall be constructed in accordance with all applicable
building codes, laws and regulations. All of Baseball Club's Improvements shall be
deemed to be a part of the Ballfields, and the Baseball Club shall be obligated to maintain
and repair the same. All Improvements in or to the Ballfields shall, when made, become
the property of the County and shall be surrendered to the County upon the termination
of this Agreement, whether by lapse of time or otherwise. The Baseball Club shall
indemnify, hold harmless and defend the County from and against any and all claims,
losses, liabilities, costs, damages and expenses (including court costs and attomeys'fees
at or before the trial level and in any appellate proceedings) arising out of or relating to
any Improvements made by the Baseball Club in or to the Ballfields (notwithstanding
County's prior written consent thereto). All of Baseball Club's Improvements shall be
secured by the Baseball Club when not being used by either the Baseball Club or the
County. The Baseball Club and the County shall cooperate to maintain lock combinations
or key access to the Improvements at all times under this Agreement.
The County and the public shall have the right to utilize the Improvements during those
times in which the Ballfields are not reserved for use by the Baseball Club. The County
shall retain the right to collect a fee for use of the Improvements by the public. The County
and the Baseball Club shall have access to the Improvements at the times allotted by this
Agreement.
Section 7. Advertisement at Baseball Fields Fences. The Baseball Club shall be
entitled to obtain revenue from any advertising the Baseball Club secures at the Ballfields.
Such advertising shall be limited to banners or signs which are displayed on the inside l
portion of the outfield fences. Any banners or signs must be approved by the County
Recreation Manager prior to display. All signage must comply with any requirements set
forth in Chapter 956 of the Indian River County Code of Ordinances, if applicable. The
Baseball Club shall pay the County 10% of any revenue earned from advertisement at
the Ballfields as set forth in this section. Such payments shall be made to the County
quarterly and in addition to the total rent due as set forth in section 3 above.
Section 8. Baseball Club Equipment Storage The Baseball Club shall have the right
to store equipment at the Ballfields, subject to approval by the County Recreation
Manager or his Designee. The Baseball Club will be responsible for providing its own
storage facilities for such equipment. The Baseball Club shall solely be responsible for
any damage or loss of such equipment stored at the Ballfields.
Section 9. Insurance Requirements. Within 21 days of the Effective Date of this
Agreement, the Baseball Club shall provide the County with evidence of insurance,
including commercial general liability, and if applicable, automobile liability and workers'
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compensation, for all of its organized baseball teams. If the Baseball Club adds any
additional organized baseball teams, the Baseball Club shall provide such evidence within
14 days of such addition. If children will be supervised in connection with use of the
Ballfields, sexual molestation liability insurance will also be required. All insurance, with
the exception of workers' compensation, will name the County as additional insured.
Discretionary Authority — Depending upon the nature of any aspect of the use of the
Ballfields and its accompanying exposures and liabilities, the County may, at its sole
discretion, require additional insurance coverages or specific coverage amounts, which
may or may not require that the County also be named as an additional insured.
Section 10. Liabilitv and Indemnification. The County shall in no way be liable or
responsible for any accident or damage that may occur in conjunction with any of the
activities described in this Agreement. The Baseball Club shall defend, hold harmless
and indemnify the County with respect to any and all actions, causes of action, liabilities,
losses, damages or expenses (including reasonable attorneys' fees) arising out of or
relating to any negligence, intentional misconduct, breach of this Agreement or breach of
applicable law by the Baseball Club in conjunction with any of the activities described in
this Agreement. This section 10 shall survive the termination of this Agreement with
respect to any acts or omissions occurring prior to the date of termination.
Section 11. Assignment. The Baseball Club shall not transfer or assign this Agreement,
or any portion thereof, to any third party without the express written approval of the
County, which approval may be granted or withheld in its sole discretion.
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Section 12. Termination. Either party may terminate this Agreement if the other party
fails to comply with a term of the Agreement. The terminating party shall notify the other
party of the decision to terminate this Agreement at least 30 days before the effective
date of termination. The party in default may avoid termination by correcting the default
to the satisfaction of the other party prior to the effective date of termination stated in the
notice. The County reserves the right to suspend this Agreement for a period of up to 18
months following 60 days' notice of the County's intent to proceed with any renovation, j
improvement, or construction project to the Ballfields that will substantially interfere with
the use and enjoyment by the Baseball Club of the Ballfields (the "Suspension Period").
Suspended time shall extend the lease by the amount of days under the suspension
period. After the suspension period, any unused credits for improvements under Section
6 shall remain available to the Baseball Club under the terms of this Agreement and
applied to the Baseball Club's utilization of the Ballfield's in their after improved condition.
Section 13. Ballfield Rules Apply. Unless otherwise stated herein, the Baseball Club
shall comply with all of the rules and regulations contained within the Indian River County
Recreation Department Athletic Field Permit Application, attached hereto as Exhibit "A".
Section 14. Miscellaneous.
A. Time of the Essence. Time is of the essence in the performance of each and
every provision of this Agreement.
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B. Force Majeure/Emergency. Any non-performance of the terms or conditions
of this Agreement caused by or resulting from an event of Force Majeure (as defined
below) shall not constitute a violation or event of default. For the purposes of this
Agreement, the term Force Majeure" shall mean acts of God, strikes, lockouts or other
industrial disturbances, acts of the public enemy, wars, blockades, explosions,
insurrections, riots, epidemics, landslides, lightening, earthquakes, fires, hurricanes,
tropical storms, floods, tornadoes, restraints of governments, civil disturbances,
unavoidable breakage of machinery or equipment, enactment of applicable laws
prohibiting performance, and other such causes not within the reasonable control of the
party claiming the occurrence of an event of Force Majeure.
C. No Waiver. The failure of either party to enforce any provision of this
Agreement, or the waiver thereof, in any specific instance by either party shall not be
construed as a general waiver or relinquishment on its part of such provision in any other
instance, and such provision shall nevertheless remain in full force and effect.
D. Binding Affect; Severability. All of the provisions of this Agreement shall be
binding upon and inure to the benefit of and be enforceable by the parties. If any
provisions of this Agreement shall be held by a court of competent jurisdiction to be invalid
or unenforceable, the remaining provisions shall not be affected thereby.
E. Governing Law; Venue; Attorney Fees. This Agreement shall be construed, it
governed and interpreted according to the laws of the State of Florida. Venue for
resolution of any dispute shall be in Indian River County, Florida. Each party shall bear
its own attorney fees in any dispute arising under this Agreement.
F. Entire Agreement; Amendments. This instrument constitutes the entire
agreement between the parties and supersedes all previous discussions,
understandings, and agreements between the parties relating to the subject matter of this
Agreement. Amendments to and waivers of the provisions of this Agreement shall be
made by the parties only in writing by written amendment or other appropriate written
document. This Agreement may be executed in separate counterparts, each of which
shall be deemed to be an original and all of which together shall constitute one and the
same instrument.
G. Construction/Interpretation of Agreement. Each party has participated
equally in the negotiation and drafting of this Agreement. In the event that an arbitration
panel or court is required to interpret any provision of this agreement, the provision shall
not be interpreted for or against either party upon the basis that such party was or was
not the preparer of this Agreement.
H. Sovereign Immunity. Nothing herein shall constitute a waiver of the
COUNTY'S sovereign immunity.
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I. Waiver of Jury Trial. EACH PARTY KNOWINGLY AND VOLUNTARILY
WAIVES ITS RIGHT TO A TRIAL BY JURY WITH RESPECT TO ANY CAUSE OF
ACTION OR ISSUE ARISING OUT OF OR RELATING TO THIS AGREEMENT.
J. Emergency County Use In an emergency declared by the appropriate
authorities under Chapter 252, Florida Statutes, the County reserves the right to use the
Ballfields as a part of its emergency response and recovery operation as long as
reasonably necessary in the County's opinion.
K. No Third Party Beneficiaries. Except as otherwise expressly provided herein,
this Agreement is solely for the benefit of the named parties, and no enforceable right or
cause of action shall accrue hereunder to or for the benefit of any entity or individual not
a named party hereto.
L. Notices. Any notice required hereunder shall be in writing and shall be
delivered by personal delivery, courier, express or overnight mail, or certified mail, return
receipt requested, addressed to the appropriate party as follows:
If to County County Administrator
Indian River County
1801 27th Street
Vero Beach, Florida 32960
If to the Baseball Club Michael Paul Massey
466 33rd Avenue SW
Vero Beach, FL 32968
M. Counterparts. This Agreement may be executed in one or more
counterparts, each of which shall be deemed an original and all which together will
constitute one and the same instrument.
IN WITNESS THEREOF, the parties have set their hands and seals the date
entered below.
N•o.•
ATTEST: Jeffrey R. Smith, Clerk of BOARD OF COUNTY COMMISSION -p o...... /0--
Court and Comptroller INDIAN RIVER COUNTY ("Indian '``�•:
County")
s
By: BY
'•.ti'••. a o
ep Clerk Bob Solari, Chairman '•••.ERcoui� ''
(Affix Seal)
Approved by BCC: February &-2, 2016.
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Approved: Approved as to form and legal sufficiency:
Bhosep.
- , . . By:
A. Baird ;��y. •• •!oy. an Reingold
Administr 9s County Attorney
:`y ?off;
ATTEST: '•°9y•.., .. '. o ' MICHAEL PAUL MASSEY/d/b/a /
9�'EACOUN :••' Baseball Club of th Treasure Coast
Jeffrey RY", ?
Smith Clerk or-cotht
and Ccmptro r
By:
i
ur en Gelfo, puty erk
(Affix Seal) Date: , 2016.
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