EXAMPLE_Lease_Agreement_-_Athletic_Associations.pdf

Clay County Agreement/Contract No. 2025/2026- _____

CLAY COUNTY PARK LEASE AGREEMENT

[Park: _______________]

This Clay County Park Lease Agreement (“Agreement”) is entered into this ____ day of ________, 2026, and is between _______________________________, a Florida not-for-profit corporation (“Athletic Association”) and Clay County, a political subdivision of the State of Florida (the “County”).

RECITALS

WHEREAS, the County owns certain real property known as [PARK NAME], located at [PARK ADDRESS], together with the recreational facilities and athletic fields located thereon (the “Premises”); and

WHEREAS, the Athletic Association is a Florida not-for-profit corporation that provides youth sports, recreational activities, and related programs within Clay County; and

WHEREAS, the Athletic Association desires to lease the Premises for the purpose of conducting organized youth sports, practices, games, recreational activities, and related programs;

and

WHEREAS, the County and the Athletic Association desire to enter into this Agreement setting forth the terms and conditions under which the Athletic Association may lease and use the Premises; and

WHEREAS, pursuant to Section 125.38, Florida Statutes, the Board of County

Commissioners of Clay County, Florida (the “Board”) adopted a Resolution, attached hereto as Attachment 1 and incorporated herein by reference, authorizing the lease of the Premises to the Athletic Association in accordance with the terms of this Agreement; and

WHEREAS, this Agreement supersedes and replaces any prior lease or agreement between the parties concerning the Premises, all of which shall be null and void as of the Effective Date of this Agreement.

NOW THEREFORE, in consideration of the foregoing recitals, the mutual covenants and promises set forth herein, and for other good and valuable consideration, the receipt of which is hereby acknowledged and all objections to the sufficiency and adequacy of which are hereby waived, the parties agree as follows:

1. Incorporation of Recitals.

The foregoing recitals are incorporated herein by reference and made a part of this Agreement.

2. The Premises.

Subject to the terms and conditions of this Agreement, and in consideration of the payments and covenants set forth herein, the County hereby leases to the Athletic Association, on a non-exclusive basis, the real property located at [ADDRESS], together with the recreational facilities and athletic fields situated thereon (the “Premises”).

3. Premises Use and Compliance.

(a) Authorized Use. The Premises are leased solely for the purpose of conducting organized youth sports, recreational activities, practices, games, and related events involving members and teams of the Athletic Association. No other use is permitted without the prior written approval of the County.

(b) Compliance with Laws and Agreement. The Athletic Association shall use the Premises solely for lawful purposes and in accordance with the terms and conditions of this Agreement. The Athletic Association shall comply with all applicable federal, state, and local laws, ordinances, regulations, and County rules and policies. The Athletic Association shall also comply with all applicable Clay County Parks and Recreation rules and regulations governing the Premises, including field use and field preparation guidelines, as may be amended from time to time. Any failure to comply with this Section shall constitute a default under this Agreement.

(c) Prohibited Conduct. The Athletic Association shall not commit or permit waste, damage, or misuse of the Premises; create or permit a public or private nuisance; violate any applicable health, environmental, fire, building, zoning, or other governmental regulation; or otherwise impair the condition, operation, structural integrity, value, or safety of the Premises.

(d) Rules and Restrictions. The Athletic Association shall comply with and enforce all posted rules and regulations governing the Premises. No alcoholic beverages shall be sold, served, or consumed on the Premises.

(e) County Representative. For purposes of this Agreement, the County’s Representative shall be the Clay County Parks and Recreation Director, or designee. The County Representative is authorized to provide any approvals, consents, or written authorizations required of the County under this Agreement, unless this Agreement expressly provides otherwise.

(f) Athletic Association Representative. The Athletic Association shall designate, in writing, a single point of contact for all communications related to this Agreement and shall provide such designation to the County Representative. The designated point of contact shall be responsible for submitting all required information and documentation under this Agreement. Any change in the designated point of contact shall be provided to the County Representative in writing within a reasonable time.

4. Agreement Term.

(a) Term. This Agreement shall commence on July 1, 2026 (the “Effective Date”), and shall continue through June 30, 2029, unless earlier terminated in accordance with this Agreement.

(b) Renewal. This Agreement may be renewed for one or more additional term(s), of any duration, upon mutual written agreement of the parties, provided that the Athletic Association desires to continue leasing the Premises and the County determines that the Premises are not needed for County purposes.

5. Surrender.

Upon expiration or earlier termination of this Agreement, the Athletic Association shall surrender the Premises in substantially the same condition as received, reasonable wear and tear excepted.

The Athletic Association shall remove all of its personal property, equipment, furnishings, and other movable items from the Premises prior to surrender. Any erections, alterations, additions, fixtures, structures, installations, or improvements made or placed upon the Premises shall remain and shall become the property of the County upon expiration or earlier termination, unless the County requires their removal. Any personal property not removed prior to surrender may be deemed abandoned by the County.

6. Holdover; Failure to Vacate.

(a) If the Athletic Association fails to timely vacate the Premises upon expiration or termination of this Agreement, the County may take all lawful action necessary to recover possession of the Premises.

(b) Holdover with County Consent. If the Athletic Association remains in possession of the Premises after the natural expiration of this Agreement with the County’s prior written consent, such occupancy shall constitute a month-to-month tenancy subject to all terms and conditions of this Agreement, except as otherwise agreed in writing. Either party may terminate the month-to-month tenancy upon thirty (30) days’ written notice to the other.

(c) Holdover Without County Consent. If the Athletic Association remains in possession without the County’s consent, such holdover shall be deemed unlawful, and the County may pursue any and all remedies available at law or in equity to recover possession, including eviction and damages.

7. Default and Termination.

(a) Default. The County may declare the Athletic Association in default upon written notice if the Athletic Association:

1. Fails to use or manage the Premises in accordance with this Agreement;

2. Fails to provide information required under this Agreement, or provides materially inaccurate information;

3. Fails to comply with any term, condition, or obligation of this Agreement;

4. Fails to comply with applicable federal, state, or local laws, rules, or regulations; or

5. Ceases operations, dissolves, or otherwise discontinues the services contemplated under this Agreement.

Except for defaults that, by their nature, require immediate action, including failure to comply with applicable laws or cessation of operations, the Athletic Association shall have fifteen (15) days after receipt of written notice of default to cure the default. If the default cannot reasonably be cured within fifteen (15) days, the Athletic Association shall, within such fifteen (15) day period, submit a written cure plan describing the actions to be taken and the time required to complete the cure. The Athletic Association shall promptly commence implementation of any cure plan approved by the County.

If the Athletic Association fails to timely cure the default or fails to submit or implement an acceptable cure plan, the County may terminate this Agreement for cause.

(b) Termination for Cause. Upon failure of the Athletic Association to cure a default as provided above, the County may terminate this Agreement for cause upon written notice executed by the County Manager or designee. Termination shall be effective as stated in the notice.

(c) Termination for Convenience. Either party may terminate this Agreement without cause upon sixty (60) days’ prior written notice to the other party. The notice shall state the effective date of termination. Any notice of termination on behalf of the County shall be issued by the County Manager or designee.

(d) Termination or Modification Due to Lack of Funding or Appropriation. The County’s performance and obligations under this Agreement are subject to the annual appropriation of funds by the Board. In the event sufficient funds are not appropriated, are reduced, withdrawn, or otherwise become unavailable to support this Agreement, the County may, upon not less than ten

(10) days’ prior written notice to the Athletic Association, terminate this Agreement in whole or in part, or amend this Agreement to reduce or eliminate those obligations for which funding is no longer available. Such termination or amendment shall not constitute a breach or default by the County. If the County elects to amend this Agreement to materially reduce services, access, or other obligations affecting the Athletic Association’s use of the Premises, the Athletic Association may, upon written notice to the County within ten (10) days of receipt of the amendment notice, elect to terminate this Agreement without penalty.

(e) This Section shall survive the expiration or termination of this Agreement and shall apply notwithstanding any contrary provision.

8. Payment.

The Athletic Association shall pay to the County rent in the amount of One Dollar ($1.00) per year, payable in advance on or before the first day of each lease year during the term of this Agreement.

9. Subleasing and Non-Exclusive Use.

(a) The Athletic Association shall not assign this Agreement, sublease, sublicense, transfer, or otherwise grant any third party any right to use the Premises, in whole or in part. Any attempted assignment, sublease, or transfer in violation of this provision shall be void.

(b) The Premises are leased on a non-exclusive basis. The County retains sole authority to schedule, grant, or approve use of the Premises and its facilities. The County reserves the right to permit or enter into agreements for use of the Premises by other persons or entities at any time the Premises are not scheduled for use by the Athletic Association, as determined by the County. The County shall use reasonable efforts to coordinate scheduling with the Athletic Association to avoid conflicts and promote orderly use of the Premises.

10. Public Use.

(a) The Premises shall remain available for use by the general public on a first-come, first-served basis at all times when not scheduled for use by the Athletic Association or by other persons or entities authorized by the County.

(b) The Athletic Association may request temporary closure of all or a portion of the Premises to the general public upon a showing that such public use would materially damage or adversely affect the condition of the playing fields or facilities. No such closure shall be effective without the prior written approval of the County Representative.

11. Scheduling.

(a) Schedule Approval and Submission. The Athletic Association’s use of the Premises is subject to prior approval by the County Representative of all season and post-season schedules.

The Athletic Association shall provide:

• All league game and practice schedules;

• Not less than thirty (30) days’ prior written notice of each season start date and registration deadline;

• Within thirty (30) days after the close of final registration, a copy of the sanctioning league’s final roster; and

• Not less than thirty (30) days’ prior written notice of any special events, tournaments, camps, clinics, fundraisers, or similar activities.

All post-season schedules shall likewise be submitted for approval.

(b) Notice of Activities; Scheduling Restrictions. The Athletic Association shall ensure that the County Representative receives written notice of the dates and times of all activities conducted at the Premises. Failure to provide current schedules or timely notice of schedule changes shall constitute a default under this Agreement if not cured as provided herein. Submission of blanket or placeholder schedules intended to prevent access to the Premises by others is prohibited.

12. Local Emergency/Field Closures.

(a) In the event of a local emergency declared by the County’s Emergency Management Department or Emergency Operations Center, including but not limited to tropical storms, hurricanes, or public health emergencies, the County Representative or designee may postpone, delay, suspend, or cancel any activities or events at the Premises in the interest of public safety.

(b) The County may also close fields or facilities as necessary for maintenance, safety concerns, or weather-related conditions. The Athletic Association may elect to suspend its activities due to inclement weather, public health concerns, or declared emergencies but shall promptly notify the County Representative of such suspension.

13. County Obligations Regarding Improvements, Maintenance, and Repair.

(a) During the term of this Agreement, the County shall continue to dedicate the Premises to public recreational purposes. The County shall not undertake any material physical alteration of the Premises or any major construction project affecting the Premises without first consulting with the Athletic Association’s Board of Directors or its designated representative. Such consultation shall not require the Athletic Association’s approval, and final decisions shall remain within the County’s sole authority.

(b) The County, as owner of the Premises, shall be responsible for the general management and maintenance of the Premises, except as otherwise specifically provided in this Agreement. The County does not assume, and shall not have any responsibility for, the Athletic Association’s programs, activities, or day-to-day operations conducted on the Premises. All maintenance and management activities performed by the County shall be undertaken at the County’s discretion and subject to the availability of budgeted funds and personnel. The Athletic Association may submit written maintenance requests; however, the County shall determine, in its sole discretion, the scope, method, and timing of any maintenance or repairs based on its assessment of need and available resources. The County’s maintenance responsibilities are expressly subject to the Athletic Association’s obligations under this Agreement, including, without limitation, Section 14 and Section 14(g) (“Damage to Premises”).

(c) The County shall be responsible for the repair and maintenance of all permanent improvements located on the Premises, including fencing, buildings, backstop netting, and related support facilities. This responsibility includes maintenance and repair of building systems and physical plant components, such as HVAC, lighting, plumbing, electrical systems, and interior and exterior painting. The County shall also be responsible for the annual inspection and servicing of all fire extinguishers, as well as the inspection and maintenance of the County’s water treatment facilities and wells located on the Premises.

(d) The County shall retain control and supervision of all irrigation systems located on the Premises and shall be responsible for all routine maintenance and necessary repairs. Irrigation controllers shall be used solely for watering the playing fields. The Athletic Association shall not alter, adjust, modify, or tamper with any portion of the irrigation system, including sprinkler heads or controllers. Any damage to the irrigation system caused by or arising from the acts or omissions of the Athletic Association or its officers, employees, contractors, agents, volunteers, participants, invitees, or guests shall be repaired or replaced at the sole cost and expense of the Athletic Association. The Athletic Association shall provide written notice to the County Representative promptly upon discovery of any such loss or damage.

(e) The County’s Grounds and Maintenance Department and/or its contractor shall be responsible for the upkeep and maintenance of all grassed common areas and grassed playing fields located on the Premises. Such upkeep and maintenance shall include mowing, weeding, edging, and blowing. The County or its contractor shall perform these services in accordance with the schedule provided to the Athletic Association, weather and site conditions permitting. Grass shall be maintained at no less than 2 ½ inches in height, unless otherwise agreed to by the parties.

The County shall also be responsible for pruning and trimming trees and shrubs as needed. The Athletic Association shall not mow or otherwise perform grounds maintenance on the Premises without the prior express written consent of the County Representative. Any damage to the Premises caused by the Athletic Association’s unauthorized mowing or maintenance activities shall be repaired or replaced at the sole cost and expense of the Athletic Association.

(f) The County’s Grounds and Maintenance Department and/or its contractor shall be responsible for providing and administering all chemical applications to the playing fields located on the Premises. Such applications may include fertilizers, herbicides, pesticides, insecticides, and pre-emergent treatments, as the County or its contractor deems necessary or appropriate. These services shall be performed in accordance with the schedule provided to the Athletic Association, weather and site conditions permitting. The Athletic Association shall not apply any fertilizer, chemical, or other treatment to the playing fields without the prior express written consent of the County Representative. Any damage to the Premises caused by the Athletic Association’s unauthorized application of chemicals or treatments shall be repaired or replaced at the sole cost and expense of the Athletic Association.

(g) The County shall be responsible for the leveling and grading of the grassed playing fields located on the Premises; provided, however, that the Athletic Association shall be responsible, at its sole cost and expense, for any leveling or grading necessitated by the acts or omissions of the Athletic Association, including, without limitation, the addition of excessive sand, clay, or other materials to the playing fields.

(h) If the Athletic Association fails to timely make the required repairs as provided herein, the County may perform such repairs and invoice the Athletic Association for all associated costs, which shall be due and payable upon receipt.

(i) Any questions regarding the County’s maintenance or repair obligations under this Agreement shall be directed to the County Representative. The Athletic Association shall not contact the County’s Grounds and Maintenance Department or any other County department directly regarding such matters.

14. Athletic Association Obligations Regarding Improvements, Maintenance, and Repair.

(a) The Athletic Association shall not make any improvements or alterations to the grounds, facilities, or buildings on the Premises without the prior written consent of the County Representative or the County Manager. Improvements and alterations include, but are not limited to, the addition of clay, sand, or dirt to the Premises. Any donation to the County by the Athletic Association, and any sponsorship or solicitation of funds or improvements related to the Premises, shall comply with the County’s Donation and Sponsorship Policy, as applicable and as may be amended from time to time. Any approved improvements or alterations shall become the property of the County upon installation, unless otherwise agreed to in writing by the parties.

(b) The Athletic Association shall be responsible, at its sole cost and expense, for all routine upkeep and maintenance necessary to prepare the fields for athletic play. Such responsibilities include, but are not limited to, chalking, dragging, paint lining, and the placement or replenishment of clay, sand, or dirt for bullpens, batting cages, diamond fields, and multi-purpose fields located on the Premises. Prior to dragging any field, the Athletic Association shall properly mark all irrigation and sprinkler heads to prevent damage.

(c) The Athletic Association shall ensure that all facilities on the Premises are kept clean, sanitary, and in good working order during its use and occupancy. The Athletic Association shall provide, at its sole cost and expense, all supplies necessary for the operation, maintenance, and cleanliness of any concession areas and restroom facilities on the Premises throughout the term of this Agreement.

(d) The Athletic Association shall establish and enforce reasonable rules and guidelines designed to prevent damage to the Premises, including, by way of example, prohibiting the throwing or batting of balls into fencing.

(e) The Athletic Association shall promptly notify the County Representative upon discovery of any condition of disrepair on the Premises during its use or occupancy. All maintenance requests and any requests for improvements or alterations shall be submitted in writing to the County Representative.

(f) The Athletic Association shall obtain prior written approval from the County Representative before conducting any activity on or near the Premises that could reasonably be expected to adversely affect adjacent residential or commercial property.

(g) Damage to Premises. The Athletic Association shall be responsible for any loss of or damage to the Premises to the extent such loss or damage is caused by or arises out of the Athletic Association’s use or occupancy of the Premises. The Athletic Association shall, at its sole cost and expense, promptly repair, restore, or replace any such loss or damage, including damage caused by the acts or omissions (whether negligent or otherwise) of the Athletic Association or its officers, employees, contractors, agents, volunteers, participants, invitees, or guests. The Athletic Association shall provide written notice to the County Representative promptly upon discovery of any such loss or damage. If the Athletic Association fails to timely make the required repairs, the

County may perform the repairs and invoice the Athletic Association for the reasonable costs incurred, which shall be due and payable upon receipt.

15. Signage

The Athletic Association shall obtain prior written approval from the County Representative before installing or displaying any permanent or non-permanent signage at the Premises. Approved signage will be provided at the Athletic Association’s expense, unless otherwise agreed to in writing by the parties. Non-permanent signage or displays must be promptly removed when the Athletic Association does not have use of the Premises or upon conclusion of the related event, season, or purpose. The County may require removal of any signage it deems inappropriate or disruptive, and signage must comply with applicable federal, state, county, and municipal laws, ordinances, codes, and regulations.

16. Disposal Services.

(a) The Athletic Association shall, at its sole cost and expense, be responsible for the collection, removal, and proper disposal of all garbage, trash, and debris generated by its activities on the Premises. The Athletic Association shall provide and maintain, at its expense, an adequate on-site dumpster or other approved waste receptacles for such disposal. The Athletic Association shall take reasonable measures to secure all dumpsters and waste receptacles so as to prevent spillage, leakage, overflow, or access by animals, and to avoid the creation of nuisances or unsanitary conditions on the Premises.

(b) The Athletic Association shall also be responsible for the handling and disposal of any hazardous materials generated by its activities, in strict compliance with all applicable federal, state, and local laws and regulations.

(c) The Athletic Association shall also take reasonable measures to prevent unauthorized or illegal dumping, including maintaining adequate waste capacity and promptly reporting any instances of such dumping to the County Representative. The County shall be responsible for investigating and addressing third-party illegal dumping on the Premises.

(d) In the event the County authorizes a third party to use the Premises, such third party and/or the County shall be responsible for the collection and disposal of all garbage, trash, and debris generated by its use; however, nothing herein shall relieve the Athletic Association of its obligation to maintain the Premises in a clean and orderly condition during its periods of use.

17. Utilities.

(a) The Athletic Association shall, at its sole cost and expense, be responsible for payment of all utilities serving the Premises during the term of this Agreement, including, without limitation, water, electricity, fuel, oil, and gas; provided, however, that the County shall be responsible for payment of utilities associated with public amenities and restrooms on the Premises. The Athletic Association shall ensure that all utility charges for which it is responsible are timely paid directly to the applicable utility provider on or before the due date specified by the provider.

(b) If the County authorizes a third party to use the Premises and such use results in lighting or other utility charges billed to the Athletic Association, the Athletic Association shall submit an invoice to the County for reimbursement of the applicable per-hour lighting fee charged to the third party. Reimbursement shall be limited to the rates established in the County’s then-current Schedule of Fees and Services (“Fee Schedule”).

(c) The Fee Schedule is adopted by the Board of County Commissioners and may be amended from time to time. All fees are non-negotiable and subject to modification by the County during the term of this Agreement and any renewal thereof.

18. Concessions.

(a) The Athletic Association may operate concession activities for the sale of food and non-alcoholic beverages at the Premises, provided it complies with all applicable federal, state, and local laws, County ordinances, and health regulations. The sale or consumption of alcoholic beverages is prohibited.

(b) The Athletic Association may utilize existing concession equipment and may purchase new or used equipment as necessary for its operations. Any equipment installed or used by the Athletic Association shall not damage the Premises or interfere with existing facilities, utilities, or systems.

The Athletic Association shall be responsible for any damage to the Premises or County-owned equipment resulting from its concession operations, including damage caused by equipment installed or used by the Athletic Association, and shall promptly repair such damage at its sole cost and expense.

(c) County-owned concession amenities shall not be moved, altered, removed, or used for personal purposes without prior written approval of the County Representative.

(d) The Athletic Association shall be solely responsible for the maintenance, repair, inspection, and certification of all concession equipment used in its operations. The County may, at its discretion, perform any required inspections, including annual inspections and certifications of ventilated hood or fire suppression systems. In the event the County does not perform such inspections, the Athletic Association shall be responsible for ensuring that all required inspections and certifications are completed in accordance with applicable codes and regulations.

(e) Copies of all required inspection reports and certifications shall be provided to the County Representative within ten (10) days after receipt. If any inspection identifies deficiencies, the Athletic Association shall promptly correct such deficiencies at its sole cost and expense and shall provide written proof of correction to the County Representative.

19. Combinations and Keys.

(a) The Athletic Association shall provide the County with all keys, access codes, gate combinations, and other entry credentials necessary to access the Premises, including all buildings and supporting facilities.

(b) The County shall have the right to enter the Premises at any reasonable time, with or without notice in the event of an emergency, for purposes including inspection, maintenance, repair, alteration, or any other lawful purpose related to the County’s ownership and operation of the Premises.

(c) The Athletic Association shall not change, rekey, remove, or install any locks or security devices without the prior written consent of the County. Any approved changes shall require the Athletic Association to promptly provide updated keys, codes, or combinations to the County.

20. Equipment Inventory.

(a) Within thirty (30) days after execution of this Agreement, and thereafter on an annual basis within thirty (30) days of the commencement of each lease year, the Athletic Association shall provide to the County Representative a current written inventory of all equipment and personal property owned by the Athletic Association and stored on the Premises.

(b) All equipment and personal property placed or maintained on the Premises by the Athletic Association shall remain at the sole risk of the Athletic Association. The County shall not be responsible for loss of or damage to such property.

(c) The Athletic Association may remove its equipment and personal property from the Premises at any time prior to, or upon, expiration or termination of this Agreement. Any equipment or personal property not removed within ten (10) days following the effective date of expiration or termination shall be deemed abandoned and may, at the County’s option, become the property of the County without compensation to the Athletic Association.

21. Non-Profit/Charitable Organization Status.

Throughout the term of this Agreement, the Athletic Association shall remain duly organized, registered, and in good standing as a Florida not-for-profit corporation with the Florida Department of State, Division of Corporations, and shall maintain recognition as a tax-exempt organization under Section 501(c)(3) of the Internal Revenue Code. Upon written request by the County, the Athletic Association shall provide documentation evidencing its current active status with the Division of Corporations and its federal tax-exempt status under Section 501(c)(3).

22. Financial Reporting.

(a) Within thirty (30) days after execution of this Agreement, the Athletic Association shall provide to the County Representative a copy of its most recently filed IRS Form 990. Thereafter, during the term of this Agreement and any renewal term, the Athletic Association shall provide to the County Representative a copy of its annual IRS Form 990 within ten (10) days after the filing deadline applicable to the Athletic Association.

(b) If the Athletic Association files for an extension of time to submit its Form 990, the Athletic Association shall provide a copy of the extension request or approval to the County Representative within ten (10) days after filing such extension.

23. Incident Reporting.

The Athletic Association shall notify the County Representative and submit a completed Incident Report, using the form attached as Attachment 2, within twenty-four (24) hours of any accident or incident occurring on the Premises that: (i) requires medical attention, (ii) involves response by law enforcement, fire, or other public safety personnel, or (iii) results in property damage. Failure to comply with this reporting requirement shall constitute a default under this Agreement and may result in termination in accordance with the Agreement’s default provisions.

24. Insurance.

(a) The Athletic Association acknowledges and agrees that it is solely responsible for insuring all equipment, supplies, and other personal property owned by the Athletic Association and located or stored on the Premises. The County shall have no responsibility or liability for any loss of or damage to such property. The cost of repair or replacement of all such property, regardless of cause, shall be borne solely by the Athletic Association.

(b) The Athletic Association shall maintain, at its sole cost and expense, the following insurance coverage throughout the term of this Agreement and any renewal or extension thereof:

Commercial General Liability Insurance Coverage must be afforded under a Commercial General Liability policy (including premises operations and contractual liability) with limits not less than:

• $1,000,000 each occurrence and $2,000,000 aggregate for Bodily Injury, Property

Damage, and Personal and Advertising Injury

• $1,000,000 each occurrence and $2,000,000 aggregate for Products and Completed

Operations

• $50,000 each occurrence for Damage to Rented Premises

• $5,000 Medical Expenses (any one person)

The policy shall cover the entire Premises and shall not exclude athletic or sports participation.

Coverage shall apply to all scheduled activities and events conducted by the Athletic Association and to operations performed by its officers, employees, agents, contractors, volunteers, and invitees.

(c) Participant Accident Coverage. The Athletic Association shall obtain and maintain accident insurance covering all participants using the Premises in connection with its programs.

Proof of such coverage shall be provided to the County Representative no less than thirty (30) days prior to the commencement of each sports season.

(d) Providing and maintaining the required insurance coverage is a material obligation of the Athletic Association. The Athletic Association shall not commence use of the Premises until valid certificates of insurance evidencing the required coverage have been delivered to the County’s Purchasing Department.

(e) The certificates of insurance for Commercial General Liability coverage shall name “Clay County, a political subdivision of the State of Florida, and The Board of County Commissioners, Clay County, Florida, its employees, agents, boards and commissions, as their interests may appear” as “Additional Insureds.” Certificates shall indicate whether coverage is written on an occurrence or claims-made basis. If written on a claims-made form, the retroactive date shall be no later than the Effective Date of this Agreement. The Agreement number shall be identified on the certificates.

(f) The Certificate Holder on the certificates of insurance should read as follows: “Clay County Board of County Commissioners, P.O. Box 1366, Green Cove Springs, FL 32043” or as otherwise designated by the County’s Purchasing Department.

(g) The certificates of insurance shall be provided to the County with a thirty (30) day notice of cancellation; ten (10) days’ notice if cancellation is for nonpayment of premium. In the event that the insurer is unable to accommodate the cancellation notice requirement, it shall be the responsibility of the Athletic Association to provide the proper notice. Such notification will be in writing by registered mail, return receipt requested, and addressed to the Certificate Holder. In the event the Agreement term goes beyond the expiration date of any insurance policy, the Athletic Association shall provide the County’s Purchasing Department with an updated certificate of insurance no later than ten (10) days prior to the expiration of the insurance currently in effect.

The County reserves the right to suspend the Agreement until this requirement is met. If any required insurance coverage is canceled, terminated, or revoked, the Athletic Association agrees to immediately suspend its operations until replacement insurance is obtained and verified.

(h) These insurance requirements may be modified and/or waived, in whole or in part, upon written approval by the County Manager or designee, without the need for a formal amendment to the Agreement.

25. Indemnification.

(a) To the fullest extent permitted by law, the Athletic Association shall indemnify, defend, and hold harmless Clay County, a political subdivision of the State of Florida, and the Board of County Commissioners, Clay County, Florida, and their respective officers, employees, agents, officials, boards, and commissions (collectively, the “County”), from and against any and all claims, demands, causes of action, damages, losses, liabilities, fines, penalties, judgments, and expenses, including reasonable attorneys’ fees and costs, arising out of or related to the Athletic Association’s use or occupancy of the Premises, including any surrounding lands, parking areas, roadways, and appurtenant facilities, or arising out of or related to the acts or omissions of the Athletic Association or its officers, employees, agents, contractors, volunteers, invitees, participants, or guests. This indemnification obligation shall not apply to the extent a claim is caused by the gross negligence or willful misconduct of the County.

(b) The obligations set forth in this section are independent of, and shall not be limited by, any insurance coverage maintained by the Athletic Association.

(c) This Section shall survive expiration or termination of this Agreement.

26. Sovereign Immunity.

The County does not agree to and shall not indemnify the Athletic Association or any other person or entity, for any purpose whatsoever. To the extent any indemnification by the County may be construed under this Agreement, any such indemnification shall be subject to and within the limitations set forth in Section 768.28, Florida Statutes, and to any other limitations, restrictions and prohibitions that may be provided by law, and shall not be deemed to operate as a waiver of, or modification to, the County’s sovereign immunity protections. This Section shall survive the termination or expiration of this Agreement.

27. Non-Discrimination.

The Athletic Association shall not discriminate against any person or preclude participation in activities or events conducted at the Premises because of race, color, sex, religion, handicap, disability, age, or national origin.

28. Background Screenings.

(a) Required Screenings. At its sole cost and expense, the Athletic Association shall conduct annual background screenings of all current and prospective athletic coaches, assistant coaches, managers, and referees participating in any activity, practice, game, or event at the Premises. All screenings shall be performed in accordance with Section 943.0438, Florida Statutes, as it may be amended from time to time.

(b) Annual Certification. On or before the start of each sports season, the Athletic Association shall provide the County Representative with a notarized certification, in the form attached as Attachment 3 (as may be revised by the County from time to time), identifying all athletic coaches, assistant coaches, managers, and referees and certifying compliance with this Section and Section 943.0438, Florida Statutes.

(c) New Personnel. Any new or prospective athletic coach, assistant coach, manager, or referee not included in the most recent certification shall complete the required background screening and receive clearance prior to participating in any activity at the Premises. Within five (5) days after such clearance, the Athletic Association shall provide the County Representative with an updated notarized certification including such individual.

(d) Compliance with Law and County Requirements. The Athletic Association shall comply with any additional background screening requirements imposed by applicable law or reasonably required by the County during the term of this Agreement.

(e) County Rights; Audit. Upon request, the Athletic Association shall provide documentation sufficient to verify the completion and results of any required background screening, subject to applicable law. The County reserves the right to disqualify any athletic coach, assistant coach, manager, or referee based on screening results and to conduct random audits and/or independent background screenings to confirm compliance with this Section.

29. Coach Certification.

The Athletic Association agrees to conduct all athletic programs and seasons under the sanctioning or governance of a nationally recognized governing body or organization. All coaches, assistant coaches, and, where applicable, referees or officials participating in activities conducted under this Agreement shall be properly certified by such nationally recognized governing body or organization prior to participating in any practice, game, event, or related activity. All required certifications shall be maintained in good standing and kept current in accordance with the standards of the applicable governing body or organization. The Athletic Association shall provide proof of current certification to the County Representative prior to the commencement of each sports season and upon request thereafter.

30. Education, Policies, and Practices.

The Athletic Association shall develop, maintain, and enforce the following guidelines, codes, bylaws, and/or policies. The Athletic Association shall communicate these policies to coaches, assistant coaches, referees, officials, administrators, parents, players, board members, and volunteers through all reasonably available means, including the Athletic Association’s website and registration materials. The County reserves the right, at any time upon request, to review any such guidelines, codes, bylaws, and/or policies, and the Athletic Association shall provide copies of the same to the County within five (5) business days of such request.

a) Sportsmanship Code of Conduct. The Athletic Association shall adopt and communicate a sportsmanship code of conduct establishing standards of behavior for all participants and spectators. The code shall clearly identify unacceptable conduct, including but not limited to bullying, harassment, berating players, coaches or officials, use of vulgar or abusive language, and other inappropriate behavior. The code of conduct will promote fair play, respect for the game, and appropriate conduct in both winning and losing. The code shall include enforcement procedures and an implementation plan.

b) Concussion Education, Policies and Practices. In accordance with section 943.0438, Florida Statutes, the Athletic Association shall adopt and implement concussion education and safety policies. The Athletic Association shall educate coaches, assistant coaches, referees, officials, administrators, youth athletes, and parents or guardians regarding the risks of concussion and head injury. The Athletic Association shall require a parent or guardian of each youth athlete participating in athletic competition, or seeking to participate, to sign and return an informed consent form each year acknowledging the nature and risks of concussion and head injury, including the risks associated with continued participation after a concussion. Any youth athlete suspected of sustaining a concussion or head injury during practice or competition shall be immediately removed from participation and shall not return to activity until medically cleared by an appropriate health care practitioner trained in the diagnosis, evaluation, and management of concussions.

c) Accountability Procedure and Disciplinary Procedures. The Athletic Association shall establish and enforce written accountability and disciplinary procedures to address violations of the Athletic Association’s policies and the County’s park rules and regulations, including procedures for suspension or removal of individuals who fail to comply.

d) Coaching Recruitment Policy. The Athletic Association shall adopt and implement a coaching recruitment policy that encourages the recruitment and selection of qualified coaches, volunteers, and administrators in a fair and nondiscriminatory manner.

31. Human Trafficking Attestation.

In compliance with Section 787.06 (14), Florida Statutes, the undersigned, on behalf of the Contractor, a nongovernmental entity, hereby attests under penalty of perjury as follows:

a) The Athletic Association does not use coercion for labor or services, as such italicized terms are defined in Section 787.06, Florida Statutes, as may be amended from time to time.

b) If, at any time in the future, the Athletic Association does use coercion for labor or services, the Contractor will immediately notify the County and no contracts may be executed, renewed, or extended between the parties.

c) By execution of this Agreement, the undersigned represents that undersigned has read the foregoing statements and confirms that the facts stated in it are true and are made for the benefit of, and reliance by the County.

32. Documentation and Reporting Requirements.

(a) Within thirty (30) days after execution of this Agreement, and thereafter on an annual basis within thirty (30) days of the commencement of each lease year (or as otherwise required by this Agreement or requested by the County Representative), the Athletic Association shall provide the following documentation to the County Representative:

1. A current list of Board members, directors, and officers, including contact information.

2. Articles of incorporation and current bylaws.

3. Dates, times, and locations of all Board meetings.

4. Certificates of Insurance or other required proof of insurance.

5. Most recent IRS Form 990.

6. Proof of continued eligibility to receive tax-deductible charitable contributions as an exempt organization.

7. Evidence of membership in a nationally recognized governing body or organization.

8. A current list of all coaches, assistant coaches, and referees/officials, including contact information.

9. Team and player rosters, including player names, addresses, zip codes, and coach information, together with a copy of the sanctioning league’s final roster, to be submitted within thirty (30) days following the close of final registration for each sports season.

10. A notarized affidavit (using form provided by the County) confirming compliance with required background screenings.

11. Proof of coach certification.

12. Season and post-season schedules.

13. A current equipment inventory.

14. Upon request, completed and signed applications submitted by all coaches, assistant coaches, and referees subject to background screening.

The Athletic Association shall promptly notify the County Representative in writing of any material changes to the information provided and shall submit updated documentation within fifteen (15) days of such change.

The County reserves the right to meet with the Athletic Association to review compliance with this Section and other obligations under this Agreement.

Failure to timely provide required documentation shall constitute a default under this Agreement and may result in termination in accordance with the Agreement’s default provisions.

(b) The Athletic Association represents and warrants that all information, documents, and materials submitted to the County in connection with this Agreement are true, accurate, and complete to the best of its knowledge. Any material misrepresentation or omission shall constitute a default under this Agreement.

33. Notice. All notices given under this Agreement (excluding day-to-day communication in the administration and management of this Agreement in the ordinary course) shall be in writing and shall be deemed to have been duly given (a) when delivered by hand, (b) two days after having been delivered to Federal Express, UPS, Airborne or another recognized overnight courier or delivery service, (c) five days after having been deposited into the United States mail, by registered or certified mail, return receipt requested, postage prepaid, or (d) by electronic mail to the respective parties at their respective addresses set forth below:

To Athletic Association:

The designated representative identified in writing pursuant to this Agreement, at the address and email most recently provided to the County Representative.

To County:

Clay County Parks and Recreation Attention: Parks and Recreation Director P.O. Box 1366 Green Cove Springs, FL 32043 Email: justin.pierce@claycountygov.com

With a copy to:

Clay County Attention: County Manager P.O. Box 1366 Green Cove Springs, FL 32043 mailto:justin.pierce@claycountygov.com

Either party may change its notice address by providing written notice to the other party.

34. Public Records.

(a) Access to, disclosure of, and exemption from disclosure of any records, data, documents, or materials made or received in connection with this Agreement shall be governed by Chapter 119, Florida Statutes, and any other applicable state or federal law (together, the Public Records Laws).

(b) The Athletic Association acknowledges that the County is required to comply with the Public Records Laws in the handling of the materials created under the Agreement and that the Public Records Laws control over any contrary terms in the Agreement. In accordance with the requirements of Section 119.0701, Florida Statutes, the Athletic Association covenants to comply with the Public Records Laws, and in particular to:

1. Keep and maintain public records required by the County to perform the services provided under this Agreement;

2. Upon request from the…