JOINT LAND UTILIZATION AGREEMENT
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JOINT LAND UTILIZATION AGREEMENT
THIS AGREEMENT, made and entered into this
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day of
'-:;;~..H~' A.D., 1972 by and between THE SCHOOL BOARD OF
PINELLAS COUNTY, FLORIDA, hereinafter called the School Board, and
the CITY OF CLEAR WATER, FLORIDA, a municipal corporation, herein-
after called the City;
WITNESSETH:
WHEREAS, the School Board owns the following described land,
hereinafter referred to as the "Land":
(Description attached hereto, marked "Exhibit "A'"
and made a part hereof);
and
WHEREAS, the City desires to establish recreation and community
service programs to benefit the citizens of Clearwater and Pinellas County,
Florida, on the Land in accordance with the tenus of this Agreement; and
WHEREAS, the School Board desires to cooperate with the City in
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providing an area for recreation and community service programs; and.
WHEREAS, the purpose of this Agreement is to set forth the Agreement
between the parties concerning the joint utilization of the Land;
NOW, THEREFORE, the School Beard and the City, for the consideration
hereinafter set forth, agree as follows:
1. School Board. The School Board agrees that the Land hereinbefore
described may be jointly utilized with the City pursuant to the terms of this
Agreement. The School Board shall permit use of the Land as a community
recreation center and shall maintain ownership and control of the Land and
fixtures and improvements thereon. The School Board shall have ultimate
control of projects and activities to be conducted on the Land. The term
"ultimate control", as used herein, shall mean that the School Bm rd has
the power and authority to direct the City to terminate any project or activity
which the School Board finds to be jeopardizing the health, safety or morals
of any person or which it finds to be otherwise objectionable.
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2. City. The City agrees to establish, maintain and conduct play-
grounds, recreational prograrns, conununity play centers and other recreational
activities, on the Land and the City agrees not to use the Land in a manner which
interferes with the operation of the public schools. The City shall designate
the projects or activities to be conducted On the Land but shall not do so in
derogation of the rights and privileges of the School Board under the law~ or
as provided herein. The City agrees to enlploy recreational leaders, directors,
supervisors or other such employees as it deems necessary without expense
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to the School Board. The City agrees the Land shall be used only for
recreational, educational or cOlnmunity service programs. The City agrees
to quit and deliver up the premises at the end of term of this Agreement,
either by expiration or termination, in as good condition as it now is, ordinary
wear and decay by the elements excepted.
3. Improvements. Equipment or improvements placed on the Land
of a portable, readily movable nature which have been paid for solely by
the City, may be removed by the City upon the expiration or termination of
this Agreelnent. Equipment or irrtprovelnents placed On the Land of a portable,
readily movable nature which have been paid for jointly by the City and the
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School Board shall be equitably divided between the parties hereto by subsequent
agreement. Equipment or irrtprovements placed on the Land of a permanent,
not readily movable nature become the property of the School Board upon the
termination or expiration of this Agreement and any further landscaping and
improvements to the premises shall have the prior approval of the Superintendent
of Schools for Pinellas County.
4. Purchase and Maintenance of Facilities and Equipment. The
School Board shall maintain its own facilities and equipment which are not
jointly utilized. The City shall maintain its OWn facilities and equipment which
are not jointly utilized. The City and School Board shall bear their fair share
of purchase price and maintenance of equipment and facilities now existing or
purchased for and/ or used as a part of this j oint utilization agreement. The
term fair share shall be that amount mutually agreed upon by the City and the
School Board or their representatives.
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5.
Duration, This Agreernent shall be for a period of twenty-five
beginning.. ~~~ /, 1972. This Agreernent is autom.atically
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at the end of such time for a ten (10) year term unless the School
(25) years
renewable
Board gives the City thirty (30) days notice in writing prior to the end of the
term that the Agreement is being cancelled; however, such cancellation can
only be Inade if the aforedescribed property is to be utilized for a higher and
better public use. However, this Agreement ,nay be cancelled at any time if
both parties mutually agree to the cancellation,
.6. As sigmnent.! As signment of this Agreement shall not be permitted
unless the. prior consent of the School Board is obt.ained in writing.
7. Liability. The City agrees to save and hold harmless the School
Board, its agents and employees, from liability arising out of or resulting from
injuries to persons on the land covered by this Agreement, when said premises
are under the supervision and control.of the City of Clearwater and when said
injuries are caused by the acts or negligence of the City, its employees and
representatives, The School Board shall be responsible for any injuries
occurring to persons on the land covered by this Agreement during the tirne
said premises are unde:" the supervision and control of the School Board,
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its employees or representatives.
8. Insurance. The City shall furnish to the School Board a Florida
Certificate of Insurance form evidencing liability and property damage covering
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the City's use of said premises in the minimum amount of $300,000 for bodily
injury and in the minimum amount of $100, 000 for property damage during
the period this Agreement is in force.
9. Consideration. This Agreement is being executed for and in
consideration of One Dollar ($1.00) and other valuable consideration to be
paid to the School Board from theCity.
10. It is anticipated that this .{I-greement will be in two parts and that
Part II will deal with the purchase of certain land which will be the site for
the construction of a neighborhood facility building. The City will purchase
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said site at its appraised value and the School Board in turn will return to the
City that portion of the purchase price equal to not 1nore than fifty per cent
(500/0) of the City's cost for the purchase and installation of the recreational
facilities to be installed on other lands herein n1.entioned owned by the School
Board.
ll.All notices pursuant to the terms and provisions of this Agreement
shall be furnished to the School Board of Pinellas County, Florida, 1960 E.
Druid Road, Clearwater, Florida 33516, and to the City of Clearwater, Florida,
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PO Box 4748, Clearwater, Florida 33518, unless written notice to the contrary.
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is furni~hed the other party.
INWITNESS WHEREOF, the parties hereto have set their hands and
seals the day and year first above written.
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Secretary
By
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City Attorney
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FLORIDA
1 Board
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As to City
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Attest:
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From Southeast corner of Lot 11, Block B-1 of Springfield
Sub. No. 2 as recorded in Plat Book 4., Page 23 of Public
Records of Pinella? County. Florida, run North 13 feet more
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or less to North line of Palmetto Street for P.O.B., Thence
North 627 feet M.O.L., thence run East 60.0 feet, thence run
North along the East right of way line of Douglas Avenue as
recorded in O.R. Book 2849, Page 296 of said public records,
786.04 feet to South line of Russell Street, thence run East
along South line of Russell Street 405 feet M.O.L., thence
run South 280 feet, thence run East 200 feet to West line of
Holt Avenue, thence run South along said West line of Holt
Avenue 1120.0 feet M.O.L. to North line of Palmetto Street,
thence West along North line of Palmetto Street 670 feet
M.O.L. to point of beginning. less South 450 feet for
Clearwater Comprehensive Junior High School and North 325
feet M.O.L. of East 350 feet M.O.L. of South 1120 feet.
EXHIBIT "A"
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"SCHOOL BOAR~ OF PINELLAS COU~TY, FLORIDA
1960 E. Druid Rd.' P.O. Box 4688' Clearwater. Fla. 33518
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N. G. Mangin
Superintendent
John D. Carlson
General Counsel
Merritt Steirheim
City Manager -
City of Clearwater
City Ha 11 !
Clearwater, Florida
February 16, 1972
Re: Joint Land Utilization Agreement
Dear Mr. Steirheim:
Please find enclosed your copy of the fully executed
Joint Land Utilization Agreement.
JDC:tlm
Ene.
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?' John D. Carlson
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TO:
FROM:
COPIES:
SUBJECT:
DATE:
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CHY OF CLEARWATER
I nirdepertment Correspondence Sheet
HI'. G. Weiael' I A..~. City Manager
Ci~y Cl.l'k
Agreement - Join~ Land Utilisation - Pin. Co. Sch. Bd.
F.b. 21, 1972
Pl.... ftO~. ~ha~ this alre...n~ calls for an in.urance
o.rtific.te to b. .ell1: ~o the 8ohool Board.
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