1832 Sanford Memorial Stadium FACILITY USE AGREEMENT/HISTORIC SANFORD MEMORIAL STADIUM
THIS AGREEMENT is made by and between the between the CITY OF
SANFORD, FLORIDA, a municipality of the State of Florida (hereinafter the "City"),
whose mailing address is 300 North Park Avenue, Sanford, Florida 32771, and
FLORIDA COLLEGIATE SUMMER LEAGUE, INC., a not for profit corporate entity of
the State of Florida hereinafter the "Florida League"), whose mailing address is 2410
North Rio Grande Avenue, Orlando, Florida 32804.
Whereas, the City owns The Historic Sanford Memorial Stadium and the
Stadium is operated as a City facility; and
Whereas, the Florida League is a wood bat baseball league with six teams in
Central Florida which was founded in 2003 and provides a valuable opportunity for
college players to play wood bat baseball against top-level competition with the goal of
preparing them for a career in professional baseball; and
Whereas, the Florida League is one of twelve leagues affiliated with the
National Alliance of College Summer Baseball which is an alliance of college summer
wood bat leagues which operates under National Collegiate Athletic Association
(NCAA) legislation; and
Whereas, the Florida League is funded in part by Major League Baseball and
is a non-profit, 501(c)(3) corporation that is primarily dependent on donations from
individuals, businesses and foundations in each team's community; and
Whereas, the Florida League desires to work with the City in using the
Historic Sanford Memorial Stadium as a venue for one of its summer league teams, the
Sanford River Rats; and
Whereas, the Florida League desires to use The Historic Sanford Memorial
Stadium; and
Whereas, the City has determined that it is in the public interest to allow the
Florida League to use The Historic Sanford Memorial Stadium; and
Whereas, the City has evaluated the Florida League's qualifications, experience
and abilities; and
Whereas, the qualifications, experience and abilities submitted by the Florida
League are acceptable to the City.
WITNESSETH:
Now, Therefore, In Consideration of the mutual covenants, promises, and
representations contained herein and other good and valuable consideration, the
receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as
follows:
Section 1. Use Of The Historic Sanford Memorial Stadium And Provision
Of Services.
The City agrees to allow the Florida League to use The Historic Sanford
Memorial Stadium and the Florida League agrees to pay the City certain sums as set
forth in Section 2. The Florida League shall at all times use The Historic Sanford
Memorial Stadium in accordance with any and all laws, codes, ordinance, rules and
regulations, including, but not limited to, all requirements relating to health, safety and
professional practices.
2 1 P a g e
Section 2. Location; Compensation Provided To The City; Term Of Use.
(a). The Florida League shall be allowed to use The Historic Sanford Memorial
Stadium.
(b). The Florida League shall pay to the City the following sums for the
following time periods:
(i). 2016 $3,500 for River Rat ball team usage for June, July and August.
(ii). 2017 $3,650 for River Rat ball team usage June, July and August.
(iii). 2018 $3,800 for River Rat ball team usage June July and August.
(iv). For such other time periods as are mutually agreed between the Florida
League and the City with payments made by the Florida League to the City in
accordance with the provisions of City Resolution Number 2190.
(c). The Florida League shall provide, at its expense, any and all supplies and
business related equipment and materials.
(d). The Florida League shall not use any supplies, equipment or materials of
the City.
(e). The Florida League shall not alter the City's facilities in any way except as
may be approved in writing by the City.
(f). The Florida League acknowledges that no property or other right is
created other than that specifically defined and limited by this Agreement.
(g). The Florida League shall coordinate is River Rate ball team usage with
the City using, as a premise and basis for operations, the prior season methods and
implementing actions.
3 1 11 a. e
Section 3. Billing And Payment.
(a). The Florida League shall pay the City in advance of using the City's
facilities for each River Rat ball team season.
(b). The Florida League shall also pay the City in accordance with the
provisions of City Resolution Number 2190.
Section 4. Effective Date; Term And Renewal.
(a). This Agreement shall take effect on the date of full execution by both
parties, and run month-to-month during the River Rat ball season periods as set forth
herein, unless and until terminated as provided herein.
(b). The parties may renew this Agreement upon mutual agreement at any
time prior to expiration.
Section 5. Termination.
(a). The City may, by written notice to the Florida League terminate this
Agreement, in whole or in part, at any time, either for the City's convenience or because
of the failure of the Florida League to fulfill its Agreement obligations.
(b). The Florida League may terminate this Agreement effective upon the end
of a River Rat ball team season by giving no less than ninety (90) days advance notice
to the City in writing.
Section 6. Indemnification/insurance.
(a). The Florida League agrees to fully and completely hold harmless,
indemnify and defend the City, its officials, officers, employees, and agents against any
and all claims, demands, losses, damages, actions, causes of actions, or lawsuits for
4 1 P a Q e
damages, arising from, allegedly arising from, or related to the provision of services
hereunder by the Florida League at the facilities of the City or in any way related
thereto. The Florida League shall pay and discharge or appeal at its sole costs and
expense any and all judgments, damages, costs, and expenses. The Florida League
covenants not to sue the City. This indemnification is plenary and complete as to the
activities of the Florida League.
(b). The Florida League shall provide and maintain premises liability insurance
acceptable to the City in the amount of not less than $1,000,000.00 and shall provide a
certificate of such insurance to the City in which the City is named as an additional
insured and not a mere certificate holder. The policy shall provide that the City must be
provided notice before cancellation is effective.
Section 7. Assignments/Transfers.
The Florida League shall not assign or transfer its rights and obligations under
this Agreement to any person or entity.
Section 8. Entire Agreement.
It is understood and agreed that the entire Agreement of the parties is contained
herein and that this Agreement supersedes all oral agreements and negotiations
between the parties relating to the subject matters hereof.
Section 9. Requirement Of A Writing.
Any alterations, amendments, deletions, or waivers of the provisions of this
Agreement shall be valid only when reduced to writing and duly signed by the parties.
5 1 a a e
Section 10. Notices.
(a), Whenever either party desires to give notice unto the other, notice may be
sent to:
For the City:
Mr. Norton Bonaparte, Jr., ICMA-CM
City Manager
City of Sanford City Hall
300 North Park Avenue
Sanford, Florida 32771
For the Florida League:
Mr. Rob G. Sitz
President
Florida Collegiate Summer League, Inc.
2410 North Rio Grande Avenue
Orlando, Florida 32804
Office: 321-206-9174 Cell: 407-694-6511
RSitz@floridaleague.com
(b). Either of the parties may change, by written notice as provided herein, the
addresses or persons for receipt of notices.
(c). Any notices which may be permitted or required hereunder shall be in
writing and shall be deemed to have been duly given as of the date and time the same
are actually received, whether same are personally delivered, transmitted electronically
(i.e. facsimile device with verification receipt capability) or sent by United States Postal
Service, postage prepaid by registered or certified mail, return receipt requested, or
sent by Federal Express or other overnight delivery service from which a receipt may be
obtained evidencing the date and time delivery was made.
6 1 a, o, e
Section 11. Construction.
Whenever the context permits, or requires the use of the singular in this
Agreement shall include the plural and the plural shall include the singular. Any
reference herein to a gender shall likewise apply to the other gender and to the neuter;
and any reference herein to the neuter shall refer likewise to either or both genders.
Any reference herein to a person shall include trusts, partnerships, corporations, and
other entity, as appropriate.
Section 12. Captions.
The captions to the provisions of this Agreement are for convenience and
reference only and in no way define, limit or describe the scope or intent of this
Agreement nor in any way effect the substance of this Agreement.
Section 13. Applicable Law/Venue; Legal Proceedings.
(a). This Agreement shall be governed by and construed in accordance with
the laws of the State of Florida. Venue shall be in the Eighteenth Judicial Circuit Court
in and for Seminole County, Florida.
(b). In the event that either party hereto hires an attorney to enforce any term
of this Agreement, the party prevailing in said dispute, enforcement action or legal
proceeding shall be entitled to recover reasonable attorneys', paralegals' and other
professionals' fees (including those incurred on any re-hearing or appeal) and cost
incurred incidental thereto from the party not prevailing in said legal proceedings.
7 1 Pacjy:
Section 14. Survivability.
The parties agree that all of Florida League's indemnities, representations and
warranties made herein, shall, to the extent and limits permitted by law, survive the
termination or expiration of this Agreement and that the termination or expiration hereof
shall not release Florida League from any accrued, unfulfilled or unsatisfied liabilities or
obligations.
Section 15. Merger.
No prior or present agreements or representations shall be binding upon the
parties hereto unless incorporated in this Agreement. No modification or change in this
Agreement shall be valid or binding upon the parties unless a writing is executed by the
parties to be bound thereby.
Section 16. Parties Bound.
This Agreement shall be binding upon and shall inure to the benefit of the heirs,
personal representatives, successors and assigns of the parties. In the event City or
any successor-owner of the Premises shall convey or otherwise dispose of the
Premises, all liabilities and obligations of City, or any successor-owner as City, to
Florida League under this Agreement shall terminate upon such conveyance or
disposal and the giving of written notice thereof to Florida League.
Section 17. Severability.
If any provision of this Agreement should be in conflict with any public policy,
statute or rule of law, or is otherwise determined to be invalid or unenforceable, then
8 1_ P a c; ex
such provision shall be deemed null and void to the extent of such conflict, but without
invalidating the remaining provisions.
Section 18. Recording.
This Agreement shall not be recorded in the Land Records of Seminole County.
Section 19. The Florida League's Mandatory Compliance With Chapter
119, Florida Statutes, And Public Records Requests.
(a). In order to comply with Section 119.0701, Florida Statutes, public records
laws, the Florida League must:
(i). Keep and maintain public records that ordinarily and necessarily would be
required by the City in order to perform the service.
(ii). Provide the public with access to public records on the same terms and
conditions that the City would provide the records and at a cost that does not exceed
the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law.
(iii). Ensure that public records that are exempt or confidential and exempt
from public records disclosure requirements are not disclosed except as authorized by
law.
(iv). Meet all requirements for retaining public records and transfer, at no cost,
to the City all public records in possession of the Florida League upon termination of
the contract and destroy any duplicate public records that are exempt or confidential
and exempt from public records disclosure requirements. All records stored
electronically must be provided to the City in a format that is compatible with the
information technology systems of the City.
9 1 P ,
(b). If the Florida League does not comply with a public records request, the
City shall enforce the contract provisions in accordance with this Agreement.
(c). Failure by the Florida League to grant such public access and comply with
public records requests shall be grounds for immediate unilateral cancellation of this
Agreement by the City. The Florida League shall promptly provide the City with a copy
of any request to inspect or copy public records in possession of the Florida League
and shall promptly provide the City with a copy of the Florida League's response to
each such request.
(d).
IF THE FLORIDA LEAGUE HAS QUESTIONS REGARDING
THE APPLICATION OF CHAPTER 119, FLORIDA
STATUTES, TO THE FLORIDA LEAGUE'S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THIS
CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC
RECORDS AT (407) 688-5012, CYNTHIA PORTER, CITY
CLERK, CITY OF Sanford, CITY HALL, 300 NORTH PARK
AVENUE, SANFORD, FLORIDA 32771,
PORTE RC@SAN FORDFL.GOV.
Section 20. Construction Or Interpretation Of The Agreement.
This Agreement is the result of bona fide arm's length negotiations between the
parties and all parties have contributed substantially and materially to the preparation of
the Agreement. Accordingly, this Agreement shall not be construed or interpreted more
strictly against any party hereto more than against any other party with both parties
having participated in the drafting of this Agreement.
10 1 a a e
In Witness Whereof, the parties hereto have set their hands and seals the day,
month and year above written.
SIGNATURE BLOCKS FOLLOW:
11
a cf e
ATTEST.
CITY OF SANFORD
By:
C hia Porter Jeff Triplett
City Clerk Mayor
Date:
Approved as to form and
legal sufficiency.
^illfiamL. /ik)0)9' /1/ ' b�i
ATTEST. C FLORIDA COLLEGIATE SUMMER LEAGUE,
INC.
By:
Rob ' . Sitz
Stefano Fgi, ' ° President
Vice Pres4ent Dated: CJ
Q
12 1 ID .i " e