JOINT USE OF VARIOUS RECREATIONAL/EDUCATIONAL FACILITIES (4)
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Tom Bustin, City Atto
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c;t-D RECEIVED
y
Ream Wi l.on,
Art Kader
Parks and Recreation
FEe 21 1985
e Agreement - Pinella8 County School
!3ol',rd
1, 1985
Clrr: CLERK
Attached is a letter from ~'r. Jira ~1iller of the School Board
regarding the joint use agreen~nt that wa~ recantly ~rproved
by our City Co~~ssion and in turn by the School Board. As
you can see from Mr. Nill.r'a letter, a cou;Jle of minor sub-
stitutions were made to the agreement after it was executed
by the City Commission and prior to it being approved by tlle
School Board. ~:e have just been made aware of these rJubsti-
t 'ions but don't feel that they alter the substance of the
u. ~ement. However, from a legal standpoint, I would appre-
ciate your reviewing the substitutions and advising us as to
""_hether or not the agreement would have to go back to our
City COMmi.sion.
Also attached i. a copy of the agreement a'l approved by the
School Board with the eut'ati tutions. The substitutions ar')
a.,followa:
'Page 1 of 3 -
the wording 1",. I!el! "various adr.tinistrative
meetings" was a part of the agreement approved
by ourCi ty Co!!!."llission. The School Board sub':"
stituted uP.E. and various school related
activities;". Thi. same substitution \'I'as made
in paragraph 3 of page 1.
Exhibit I -
The agr_rnent a!'proved by the City Conmdsllion
did not contain the word field after Carpenter
or the W'ordcomplex after the-name Eddie C.
Moore. These words were added by the school
system prior to School Board approval. Alao,
the SChOol Board added the word pool after
the name Norton Park. ---'---
All mentioned previously, the attached agreEment as typed is the
one that now containll all signatures of the City and the School
Board. The red lettering was inserted just to show you what
. was on the copy approved by our Commission.
Pl.... contact me if you have any questions or desire further
. information.
Attachment.
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AGREEMEN'l
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THIS AGPBEMENT, made and entered into this
16th
day
of January
, A.P., 19 8~ 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
IIBoard."
WIT N E SSE T H:
WHEREAS, the Board is desirous of using various City-owned
facilities for P.E. and various school-related activities; and
WHEREAS, the City is desirous of using various school
facilities owned by the Board, for recreational and educational
programs; and
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WHEREAS, the City and Board are each willing to cooperate
in this matter under certain conditions and provisions.
NOW, THEREFORE, in consideration of the covenants herein
contained and other good and valuable consideration, the Board and
City mutually agree to lease* their respective facilities as outlined
in Exhibits "A" through "I" hereto attached and made part of said
agreement, under the following terms and conditions.
1. The term of this Agreement shall be for a period of one
(1) year commencing on January 1, 1985, and ending on December 31,
1985. Said Agreement may be extended from year to year under the
same terms and conditions set forth herein, with written Agreement
and approval by the Board and City.
2. The Board agrees to make the described facilities avail-
able when the use thereof does not interfere or conflict with the
regularly scheduled school programs as outlined in Exhibits "A" through
"I". Use of said facilities. shall not be earlier than 8:00 a.m. nor
later than 11:00 p.m. for outdoor use and not later than 12:00 mid~
night for indoor use.
3. The premises owned by the City shall be used by the Board
forP. E. and various school related activities, and shall not con-
flict with any City programs and shall conform with the hours the
facilities are normally open to the public. If one party desires to
*Use of the term "lease" shall not be interpreted to mean transfer of
any interest in any of the facilities. The term is used as a coopera-
tive use arrangement.
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use the other party's facilities at a time other than normally open,
that party will be required to pay the normal rental fee for said
usage.
4. The parties agree to maintain the facilities and sur-
rounding area in a clean and sanitary condition after use by the
parties or any of its agents or invitees.
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5. Each party shall provide its own personnel for the
supervision of the programs it conducts.
6. Use of the leased premises by private parties or organ~
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izations or by business enterprises for profit is prohibited. The
Board and City further agree to make no unlawful, improper, or
offensive use of the leased premises and all rights of the leasing
party hereunder shall be terminated by the Board or City in the event
that such use is made thereof.
7. The parties agree that each will save the other harmless
on account of the negligent acts of its employees, servants or agents
or on account of any unsafe condition that may exist as a result of
the negligent operation by the parties of the leased facilities. The
Board and City agree to be responsible for the safety of its own in-
vitees, licensees or participants in their respective program in case
of accidental injury, except as noted above. The Board and City agree
to provide each other proof of insurance coverage in the amounts re-
quired by law under Section 768.28 Florida Statutes.
8. The Board and City will not assign this Lease nor sublet
the premises 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 shall have the right to enter and inspect the
leased premises and the operation being conducted thereof at rea'son-
able times and that this Agreement may be cancelled by either the
City or Board within thirty (30) days written notice.
9. Additional City or School Board facilities may be used
at appropriate times and places with written approval of the Superin-
tendent or City Manager. The joint use agreement may then be amended
to reflect the additional uses which are requested and approved.
10. The Board and City agree that in the event of unforeseen
questions arising out of the use of said facilities or questions of
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use, questions shall be settled in writing between the Superintendent
and the City Manager or the specific designee for resolution of such
questions concerning this Lease.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement the day and year first written.
Countersigned:
~~Affi~. I'~~IDA
Y!A-~ :L-tV .
nager
Approved as to form and
correctness:
Attest. ' /,'c., ' - '
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Clty Clez.k -. ,-
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~ . City Attorney
Date:
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Witnesses:
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As to City
TilE SCHOOL BOARD OF PINELLAS
COUNTY, FLORIDA
Approved as to Form & Correctness:
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School Board Attorney
By
0JJxAt4, ~
Chairman
Witnesses:
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Attest:
A~ ?/6?~
Secretary
Date
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Exr.JIllI ~1~ A
OAK GROVE MIDDLE SCHOOL
City Usage of School Facilities
1. Gymnasium
a. Program - Two programs are held by the Recreation
Department at this facility. One is an after
school playground program which occurs during
the school year, but which then turns into an
all day program during the summer months. The
second program is a men and womens basketball
league.
b. Times and Dates - The after school playground
program runs for 1-1/2 hours a day, Monday through
Friday, and for 7-1/2 hours on Saturday. During
the summer, the program runs for B hours a day,
Monday through Friday. The men's and women's
basketball league takes place during the dates
of November 15 to December 21 and January 2 to
March 20. The games are played from 6:00 p.m.
until 11:00 p.m., Monday through Thursday. The
approximate number of hours the facility is used
for both of these programs is 1392.
c. Costs - The City hires two teachers from the
school as recreation leaders to run the after
school and summer programs. The City also attempts
to hire a teacher from the school, if available,
as a scorekeeper or referee for the basketball
league, plus act as a supervisor for the school.
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EX~!~~~ B
JOHN F. KENNEDY MIDDLE SCHOOL
City Usage of School Facilities
1. Gymnasium
a. Program - The City's Recreation Department uses
this facility for its men's and women's basket-
ball league and co-ed and adult volleyball leagues.
b. Times and Dates - The basketball league runs from
November 15 until December 21 and from January
2 until March 15. The games are played Monday
through Thursday between the hours of 6:00 p.m.
and 11:00 p.m. The approximate number of hours
the City utilizes this facility is 258 hours.
c. Costs - The City attempts to hire a teacher from
the school, if available, to be a referee or
scorekeeper plus act as a supervisor for the
school.
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E'XHJIUT e
KINGS HIGHWAY ELEMENTARY SCHOOL
City Usage of School Facilities
1. Basketball Court
a. Program - The Recreation Department uses the
basketball court as a facility for public play.
b. Times and Dates - The basketball court can be
used year-round when it doesn't interfere with
a school program.
c. Costs - The City paid for the installation of
the lights on this court and is paying for the
operation of these lights by use of a separate
meter.
School Usage of City Facilities
A. Kings Highway Recreation Center
1. Bui Iding
a. Program - Kings Highway Elementary School uses the
large multi-purpose room inside the center for
music, dance, and other related classes. Also
special education classes use the game room.
b. Times and Dates - The school may use this build-
ing for its classes Monday through Friday during
the months of September to June, which is the
school year, as long as it doesn't interfere with
recreation programs at the center and as long as
a staff member is scheduled to be working at that
time. This gives the school an unlimited amount
of hours it can utilize the recreation center.
c. Costs - None. The school provides leadership for
all classes held in the Center.
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EXUIBIT D
CURTIS FUNDAMENTAL ELEMENTARY SCHOOL
City Usage of School Facilities
1. None
School Usage of City Recreation Facilities
A. Marshall Street Park
1. Playground
a. Program - Students of Curtis Fundamental
Elementary have physical education classes in
the park.
b. Times and Dates - The school uses the playground
every day during the school year during school
times.
c. Costs - None.
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EXHI~I~ ~
NORTH WARD ELEMENTARY
City Usage of Facility
1. None
School Usage of City Facilities
A. Norton Park Pool
1. Swimming Pool
a. Program - North Ward Elementary School uses the
swimming pool for physical education classes.
b. Times and Dates - The school uses the pool for
approximately 4 weeks beginning in May from
9:00 a.m. to 12:00 p.m., 5 days a week for P.E.
classes. Red Cross volunteers and P.E. staff
accompany children to pool and give instructions
and supervision.
c. Costs - None.
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EXHIBIT F
CLEARWATER HIGH SCHOOL
City Usage of School Facilities
1. Gymnasi urn
a. Program - The Recreation Department runs a youth basket-
ball league for boys. The Recreation Department also
utilizes this facility for a summer basketball clinic
for youth and adults.
b. Times and Dates - The boys youth basketball league runs
from the beginning of December until the first week of
March. They play every Saturday (with the exception of
a two week break around Christmas) from 9:00 a.m. until
1:00 p.m. The summer basketball clinic operates from
the middle of June until the middle of August (eight
weeks) during the hours of 1:00 p.m. until 10:00 p.m.,
Monday through Friday. The approximate hours of usage
for this facility is 360 hour~.
c. Costs - The Recreation Department will hire a teacher
from the high school to work as a referee for the youth
basketball and also will help supervise the school. For
the summer clinic, a recreation specialist and a recreation
assistant are hired to run the program. Every attempt is
made to hire two teachers from the high school for these
positions. Any extra custodial work needed because of
these two programs will be performed by these City
employees.
2. Bobby Walker Pool
To be addressed by separate contract; not part of this
joint utilization contract.
3. Tennis Courts
a. Program - The Recreation Department uses the tennis courts
as a facility for public play.
b. Times and Dates - The tennis courts can be used year-round
by the public during the times of the day when it doesn't
interfere with a school program.
c. Costs - When the courts were constructed the City paid
for the lighting of the courts and the City has continued
to pay for the operation of the lights. The City also
has been replacing nets as needed.
4. Basketball Courts
a. Program - The Recreation Department utilizes the basket-
ball courts similar to the tennis courts which is a
facility open for public play.
b. Times and Dates - The courts are used for public play
year-round, but again, only during the times ot the day
when it doesn't interfere with a school program.
c. Costs - The City paid for half of the construction costs
of the basketball courts while the other half was paid
for by the school. Another cost which the City pays is
the operation of the lights figuring that most use at
night is done by the open public play and not by sC:bool
programs.
5. Running Track
a. Program - A citywide clinic, track meet, or special pro-
gram may be run by the Recreation Department on this
facility. The P.A. system and other track equipment may
be used by the City for these events.
b. Times and Dates - The number of times this facility is
used by the Recreation Department varies, but when events
are run, they again do not interfere with school programs.
c. Costs - The City contributed $6,000 toward the resurfacing
of the track. No other costs are incurred by the City
regarding this facility.
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EXltIBIT F
CLEARWATER HIGH SCHOOL - continued
School Use of City Recreation FacilitTes
A. Frank Tack
1. Ballfields (Clearwater)
a. Program - Clearwater High School uses the fields at
Frank Tack for its varsity baseball team practices.
b. Times and Dates - The varsity baseball teams use the
fields from January 3 until April 30. During this
time they will conduct approximately 60 practices be-
tween the hours of 2:15 p.m. and 5:15 p.m.
B. Carpenter Field
1. Ballfields (Clearwater)
a. Program - Clearwater High School uses the fields for
its baseball team for approximately eleven home games.
b. Times and Dates - As stated above, the team plays its
home games at Carpenter Field and they last approxi-
mately 2-1/2 hours. The approximate total number of
of hours the facility is used is 28 hours.
c. Costs - None.
C. Marymont Park
1. Ballfields (Clearwater)
a. Program - Girls softball including practice
b. Times and Dates - Approximately 2 to 2-1/2 hours and
home games.
c. Costs - None.
D. McMullen Tennis Complex
1. Tennis Courts
a. Program - Clearwater High Tennis Teams use the courts
for practices and home matches.
b. Times and Dates - Times and dates vary and are subject
to approval by the tennis complex manager.
c. Costs - None.
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EXHI\n G
CLEARWATER COMPREHENSIVE MIDDLE SCHOOL
City Usage of School Facilities
1. Gymnasium
a. Program - The Recreation Department uses this facility
for its men's basketball league.
b. Times and Dates - The basketball league is a program
which runs from November 15 until December 21 and then
again from January 2 until March 20. 'The games are
held on Monday through Thursday, 6:00 p.m. to 11:00 p.m.
The approximate number of hours the City uses this facility
is 258 hours.
c. Costs - There is no cost to the City for the use of this
facility. There is an agreement between the school and
Martin Luther King Recreation Center of joint usage of
each other's facilities which takes care of any costs
for each party.
School Usage of City Facilities
A. Holt Pool
1. Swimming Pool
a. Program - Clearwater Comprehensive Middle School,
Palmetto Elementary and Kings Highway Elementary can
use the swimming pool for swimming instruction in
connection with their physical education program.
b. Times and Dates - The schools can use the pool during
the months of September, April, and May. The program
is run on Monday through Friday, between the hours of
9:30 a.m. - 2:30 p.m.
c. Costs - None.
B. Martin Luther King Recreation Center
1. Tennis Courts
a. Program - Palmetto Elementary School and Clearwater
Comprehensive Middle School both use the tennis courts
for their physical education program.
b. Times and Dates - Both schools use the tennis courts
from September to June, Monday through Friday, between
the hours 8:30 a.m.' and 4:00 p.m. The courts are not
continually used by either school during thes~ times,
but instead, they are used at various times of the day
during that part of their physical education program
where they teach tennis.
c. Costs - None.
2. Playing Field
a. Program - Palmetto Elementary School and Clearwater
Comprehensive Middle School both use the playing field
for their physical education program.
b. Times and Dates - Both schools use the playing field
from September to June, Monday through Friday, between
the hours of 8:30 a.m. and 4:00 p.m. The field is not
continually used by either school during these times,
but instead, is used when the physical education
activities warrant it.
c. Costs - None.
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CLEARWATER COMPREHENSIVE MIDDLE SCHOOL - continued
School Usage of City Facilities
3. Softball Diamond
a. Program - Palmetto Elementary School and Clearwater
Comprehensive Middle School both use the softball
diamond for their physical education program.
b. Times and Dates - Both schools use the softball diamond
from September to June, Monday through Friday" between
the hours of 8:30 a,m. and 4:00 p.m.' The softball field
is not continually used by either school during these
times, but instead, is used when the physical education
activities warrant it. Each school, Palmetto Elementary
School and Clearwater Comprehensive Middle School, have
the opportunity to utilize one part of the outside area
of the Martin Luther King Recreation Center (tennis
courts, playing field, and softball diamond) for approx-
imately 1,080 hours.
c. Costs - None,
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EXHltlIT H
PALMETTO ELEMENTARY SCHOOL
City Usage of Facilities
1. None
School Usage of Facilities
A. Holt Pool
1. Swimming Pool
a. Program - Clearwater Comprehensive Middle School,
Palmetto Elementary and Kings Highway Elementary can
use the swimming pool for swimming instruction in
connection with their physical education program.
b. Times and Dat~s - The schools can use the pool during
the months of September, April and May. The program
is run on Monday through Friday, between the hours
of 9:30 a.m. - 2:30 p.m.
c. Cos ts - None.
B. Martin Luther King Recreation Center
1. Tennis Courts
a. Program - Palmetto Elementary School and Clearwater
Comprehensive Middle School both use the tennis courts
for their physical education program.
b. Times and Dates - Both schools use the tennis courts
from September to June, Monday through Friday, between
the hours of 8:30 a.m. and 4:00 p.m. The courts are
not continually used by either school during these
times, but instead, they are used at various times of
the day during that part of their physical education
program where they teach tennis.
c. Costs - None.
1. Playing Field
a. Program - Palmetto Elementary School and Clearwater
Comprehensive Middle School both use the playing field
for their physical education ~rogram.
b. Times and Dates - Both schools use the playing field
from September to June, Monday through Friday, between
the hours of 8:30 a.m. and 4:00 p.m. The field is not
continually used by ei ther school during these, times,
but instead, is used when the physical education
activities warrant it.
c. Costs - None.
3. Softball Diamond
a. Program - Palmetto Elementary School and Clearwater
Comprehensive Middle School both use the softball diamond
for their physical education program.
b. Times and Dates - Both schools use the softball diamond
from September to June, Monday through Friday, between
the hours of 8:30 a.m. and 4:00 p.m. The softball field
is not continually used by either school during these
times, but instead, is used when the physical education
activities warrant it. Each school, Palmetto Elementary
School and Clearwater Comprehensive Middle School, have
the opportunity to utilize one part of the outside area
of the Martin Luther King Recreation Center (tennis
courts, playing field, and softball diamond) for approx-
imately 1,080 hours.
c. Costs - None.
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COUNTRYSIDE HIGH SCHOOL
City Usage of School Facilities
1. Audi tori um
a. Program - The City's Cultural Arts Section may wish
to use the Audi tori um during the year for a variety
of cultural activities. All programs will be produced
and directed by the staff of the City of Clearwater
Recreation Department.
b. Times and Dates - These may vary and are flexible de-
pending upon scheduled use of the auditorium and
approval by school staff.
c. Costs - The City will pay all extra custodial fees
incurred due to event and personnel fees needed in
order to keep the auditorium open for performances,
e.g., lighting and sound technicians.
2. Gymnasium
a. Program - The Recreation Department runs a summer
drop-in recreation program for youth and adults.
b. Times and Dates - The summer program operates from
the middle of June until the middle of August (eight
weeks) during the hours of 10:00 a.m. until 9:00 p.m.,
Monday through Friday. The approximate number of hours
of usage for this facility is 385 hours.
c. Costs - A recreation leader, recreation specialist
and assistant are hired to run the program. Every
attempt is made to hire teachers or other high school
personnel for these position~. Any extra custodial
work needed because of this program will be performed
by City employees.
3. Tennis Courts
a. Program - The Recreation Department uses the tennis
cour~as a facility for public play.
b. Times and Dates - The tennis courts can be used year-
round by the Public during the times of the day when
it doesn't interfere with a school program.
c. Costs - The Parks & Recreation Department intends to
budget funds for lighting the tennis courts for night
use. The City will pay for all utility costs asso-
ciated with lighting system. School is responsible
for net and center strap replacements.
4. Handball Courts
a. Program - The Recreation Department uses the handball
courts as a facility for public play.
b. Times and Dates - The handball courts can be used year-
round by the public during the times of the day when
it doesn't interfere with a school program.
c. Costs - The Parks & Recreation Department intends to
budget funds for lighting the handball courts for night
use. The City will pay for all utility costs associated
with lighting system.
5. Basketball Courts
a. Program - The Recreation Department utilizes the basket-
ball courts similar to the tennis courts and handball
courts for public play.
b. Times and Dates - Similar to tennis and handball courts.
c. Costs - Similar to handball courts.
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EXHIBIT I
COUNTRYSIDE HIGH SCHOOL - continued
School Usage of City Recreation Facilities
A. CARPENTER .FIELD
1. Ballfields (Countryside)
a. Program - Countryside High School uses the fields
for its baseball team approximately eleven home
games.
b. Times and Dates - Eleven games approximately 2-1/2
hours in length. Dates and times vary.
c. Costs - None.
B. EDDIE C. MOORE COMPLEX
1. Ballfields (Countryside)
a. Program - Countryside High School girls softball team
uses field for practice and games.
b. Times and Dates - Approximately 2 to 2-1/2 hours per
day, Monday through Friday, for 12 weeks.
c. Costs - None.
C. Norton Park Poo l--See Bobby Walker Poo 1 Agreement