FIRST AMENDMENT TO AGREEMENTFIRST AMENDMENT TO AGREEMENT
The First Amendment to Agreement is entered into this /y - -day of March, 2010 by
and between the City of Clearwater and the School Board of Pinellas County.
WHEREAS, the parties entered into an Agreement dated August 29, 1990, attached
hereto as Exhibit A (the "Agreement"), whereby the City of Clearwater agreed to install field
lighting and other improvements on the baseball and soccer fields located at Countryside High
School and in return the Pinellas County School Board agreed to lease the soccer and baseball
fields on the terms set forth in the Agreement, and
WHEREAS, since the execution of the Agreement, circumstances relating to the light
poles on the baseball fields have changed;
NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, the parties hereby agree as follows:
1. The Pinellas County School Board has replaced the light poles on the baseball field
with its own light poles and has assumed all utility and other costs associated with the
light poles on the baseball fields. Paragraph 4 of the Agreement is amended
accordingly.
2. In all other respects, the Agreement remains in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and
year first written.
Countersigned:
See attached signature page
Name:
Mayor - Commissioner
Approved as to form
and correctness:
See attached signature page
Name:
City Attorney
CITY OF CLEARWATER, FLORIDA
By:See attached signature page
Name:
City Manager
Attest:
See attached signature page
Name:
City Clerk
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Countersigned:
CITY OF CLEARWATER, FLORIDA
rte. By:
Frank V. Hibbard William B. Horne II
Mayor City Manager
Approved as to form:
Lau Mahony
Assistant City Attorney
STATE OF FLORIDA )
COUNTY OF PINELLAS )
Attest:
hia E. Goudeau
Clerk
?Ofry?C
?rE
The foregoing instrument was acknowledged before me this day of
20 /a, by FRANK V. HIBBARD, Mayor of the City of Clearwater, who is
person&dy known to me.
Print/Type Nam c' I IANE AiJ NI
Notary Public
STATE OF FLORIDA )
COUNTY OF PINELLAS )
DIANE E MANNI
'MY COMMISSION # DD952018
EXPIRES March 06, 2014
(4F10ddaNola Servlce.CUm
The foregoing instrument was acknowledged before me this l b'o ' day of
20 40, by WILLIAM B. HORNE II, City Manager of the City of Clearwater,
who is perso ally known to me.
'2"?
Print/Type Name: - Notary Public
R
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Ca.
ME
14W4JO1A
The School Board of Pinellas County, Florida
By:
C irperson JUN 2 9 2010
Attest:
Ju ie Janssen, Ed. "Superintendent
Approved as to form:
Gener Counsel's Office
REAL PROPERTY MANAGEMENT
AGREEMENT
This Agreement made and entered into this ? day of
z?
19.?? by and between the City of Clearwater, Florida, a municipal corporation,
herein referred to as "City", and the School Board of Pinellas County, herein
after referred to as "Board".
WHEREAS, there is a need for additional lighted soccer fields and
baseball fields in north Clearwater; and
WHEREAS, there are available fields for these purposes at Countryside
High School; and
WHEREAS, the fields at Countryside High School are in need of certain
improvements; and
WHEREAS, the City does have available funds to assist in the improvements
and installation of lights on these fields; and
WHEREAS, the Board is willing to allow the City to make these
improvements; and
WHEREAS, the City and Board are each willing to cooperate in this matter
under certain conditions and provisions;
THEREFORE, in consideration of the covenants herein contained and other
good and valuable consideration, the City agrees to make certain field
improvements at Countryside High School and the Board hereby leases to the
City Countryside High School fields according to the following terms,
conditions and covenants; ,
1. The term of this Agreement shall be for a period of twenty-five (25)
years, commencing on Sept. 11. 19 9 o and ending on
Aug. 31, 2015 .
2. The City agrees to install field lighting and other improvements in
the future to the soccer fields and the baseball fields located
north and northwest of the Stadium (Exhibit A). Other improvements
will include grading, irrigation _ and spri ggin
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3. The City agrees that prior to making any of these improvements, the
Superintendent of schools, or designee will review and approve the
construction plans. Said approval, if given, shall be in writing
and shall delineate any modifications or conditions to the
construction plans, as agreed to by the City and Superintendent of
Schools, or designee. The City agrees that after making any of
these improvements, any affected portions of the school, site shall
be restored to at least the condition that existed prior to the
improvements.
4. The City agrees to maintain the light poles and lighting and
irrigation systems once they are installed and to pay all utility
costs associated with their use. The City agrees to inspect on a
regular basis or when requested, the light poles and lighting and
irrigation systems, and to make any necessary repairs.
5. The Board agrees to maintain the turf areas in a manner consistent
with regularly scheduled field maintenance. If the City determines
that additional maintenance is necessary, e.g., resodding, repairing
of sod, insect control, mowing and fertilizing, the City may, at no
cost to the Board, effect said maintenance, upon scheduling said
maintenance with the principal.
6. The Board agrees to make the fields available to the City for City
sponsored programs when the use thereof does not interfere with the
regularly scheduled school programs. Specifically;, the City shall
have use of the soccer fields Monday through Friday, after 6:00 p.m.
until 11:00 p.m. and from 8:00 a.m. until 11:00 p.m. on non-school
days.
7. 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.
8. The City shall provide supervision of programs it conducts on the
site. The supervision may be delegated to co-sponsored groups
approved by the City.
9. The City shall not sponsor the use of the facilities by any person
or organization for profit. The City further agrees to make no
unlawful, improper, or offensive use of the facilities.
M. T e Gi-ty - a 1 use iih-e tae-f ii=tre-?primaily?-n gractiGeTfieTds-for ___.-.----
youth athletic leagues.
11. Each party agrees that it will save the other harmless on account of
negligent acts of its employees or agents or on account of any
unsafe condition that may exist as a result of the negligent
operation by its employees or agents of its facilities. Each party
agrees to be responsible for the safety of its own invitees,
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licensees or participants in its programs in case of accidental
injury. However, nothing herein shall constitute a waiver by either
party of any defense or limitation available to it, or to any of its
officers or employees pursuant to Section 768.28,.Florida Statutes.
12. The City agrees that the Board shall have the right to enter and
inspect the facilities and the activities being conducted thereon at
reasonable times. This Agreement may be cancelled by either the City
or Board upon sixty (60) days advance written notice to the other
party. If, at any time, the School Principal or designee determines
that the use of the premises by a City sponsored group may cause
disruption of, or interference with, the educational process at the
facility, a potential threat to the safety of the participants/
spectators or the potential for damage to the subject facility or
grounds because of continued use, the use may be terminated without
other cause.
13. Upon termination or cancellation of this agreement, the City shall
have reasonable time to remove the light fixtures and light poles
for use at a different facility. The City is responsible for the
cost associated with removing said light fixtures and light poles.
14. The Board further agrees that during the term of this lease, the
City shall have a suitable means of ingress and egress to the site,
as afforded to the Board, as well as use of the school parking
facilities, as long as said access doesn not interfere with the
operation of the school.
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15. In the event of questions arising out of the use of the fields or
otherwise arising under this Agreement, the questions shall be
settled in writing between the Superintendent and the City Manager,
or the specific designee of either for resolution of such questions.
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