AGREEMENT REGARDING SHARED ACCESS AND PARKING AT EISENHOWER ELEMENTARY SCHOOL
AGREEMENT
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THIS AGREEMENT, made and entered into this /~tL- day of. .,
2002, by and between the CITY OF CLEARWATER, FLORIDA, a mUnicipal
corporation, hereinafter referred to as "City" and the SCHOOL BOARD OF PINELLAS
COUNTY, hereinafter referred to as "Board".
WITNESSETH:
WHEREAS, there is a need to provide better vehicular access to Eisenhower
Elementary School; and
WHEREAS, the City owns property adjacent to Eisenhower Elementary School
which will be developed into ball fields needing vehicular access and parking; and
WHEREAS, the City and Board are each willing to cooperate in providing such
shared access and parking; and
WHEREAS, the City and Board are willing to share jointly in this project under
certain conditions and provisions; and
WHEREAS, the City and Board currently have a joint use facilities agreement;
NOW, THEREFORE, in consideration of the covenants herein contained and
other good and valuable consideration, the Board and City each give the other license
to use their respective facilities and property for the purpose of providing shared access,
parking and facilities, under the following terms and conditions:
1. The term of the Agreement will be for a period of twenty five (25) years,
commencing July 30, 2002 and ending July 29, 2027. This Agreement may be
extended for additional twenty five-year periods under the same terms and conditions
set forth herein, with written agreement and approval by the Board and City.
2. The Board will design and construct a shared-use driveway on the north leg
of the intersection at Hampton Road and Drew Street and a sidewalk link to the school
site as outlined in Exhibit "A" and
Exhibit "B".
3. The City will design and construct an east-bound left turn lane and additional
mast arm for the traffic signal at Hampton Road and Drew Street. All costs associated
with this project are included in appropriate capital budgets for the City.
4. The City will provide for the traffic signal, wiring, road striping and all other
incidental costs associated in the installation of the traffic control system. Further, the
City will be responsible for maintenance and operation of the traffic system at this
location.
CO-I) '?f~i--O I
5. The facilities constructed by the City (i.e. softball fields, parking, restrooms,
bleachers, lighting etc.) on City property will be the sole responsibility of the City.
6. The facilities constructed by the Board (i.e. site improvements, driveways,
landscaping, parking, bus drop off areas, etc.) on Board property will be the sole
responsibility of the Board. The City will maintain the portion of the shared-use
driveway constructed by the Board, which is located on City land.
7. Each party agrees to make their improvements and facilities available for use
by the other party in accordance with the current joint use agreement.
8. Each party agrees to maintain the facilities and surrounding area in a clean
and sanitary condition after use by itself or any of its agents or invitees.
9. The City and Board and all their invitees will abide by all City and Board
policies when using city and Board facilities, including those policies prohibiting the
consumption of tobacco products or alcoholic beverages on City or Board property.
10. Each party will provide its own personnel for the supervision of its programs.
11. The City and Board further agree to make no unlawful, improper, or offensive
use of the facilities and all rights of party breaching this paragraph will be subject to
termination by the other party.
12. This Agreement will remain in effect unless terminated by either party as
follows:
(a) Upon breach of this Agreement by a party, the other party will
give written notice of termination of this Agreement specifying the claimed
breach and the action required to cure the breach. If the breaching party
fails to cure the breach within five days from receipt of said notice, then the
contract will terminate ten days from receipt of the written notice;
(b) Either party may terminate this Agreement, without cause, by
giving written notice to the other party that the Agreement will terminate 30
days from the receipt of said notice by the other party.
13. The parties agree that each will save the other harmless and indemnify the
other on account of the negligent acts of its employees, agents, volunteers, or invitees
or on account of any unsafe conditions that may exist as a result of the. negligent
operation by the parties of the subject facilities. The Board and City agree to be
responsible for the safety of their own employees, agents, volunteers, invitees,
licensees, or participants in their respective programs in cases of accidental injury,
except as noted above. Each party will only be obligated to indemnify and hold
harmless the other, its employees, agents, volunteers, invitees, licensees, or
participants, under this agreement, to the extent of the Florida statutory waiver of
sovereign immunity. Each party will provide to the other party, if requested, proof of
insurance coverage or self-insurance in the amounts set forth in Florida statutes.
14. Neither the Board nor the City may assign this Agreement or any of its rights
hereunder, nor permit others to use the facilities or any part thereof without the written
consent of the other party. The Board and City agree that each party and its officers,
agents, and servants will have the right to enter and inspect the facilities and the
activities being conducted thereon at reasonable times.
15. In the event of questions arising out of the use of the facilities or otherwise
arising under this Agreement, the questions will be settled in writing between the
Superintendent, City Manager, or their respective designees. This agreement may
then be amended to describe the additional use or changes.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the
day and year first written.
CITY OF CLEARWATER, FLORIDA
By: ~",...~"lI
William B. Horne, II
City Manager
Countersigned:
Brian J. Aungst
Mayor-Commiss'
Approved as to form:
Attest:
Attorney
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fgr~r~:G;;ti~a.u: .... f
THE SCHOOL BOARD pF
PINEL~OUN ,FLORIDA
By: ~
Lee Benjamin, ,I
Chairman
Approved as to form:
7fJt;;:~
Thomas Wittmer
School Board Attorney
JUAlEisenhower_ Clearwater2002
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EXHIBIT A
EXHIBIT B
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