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JOINT USE OF VARIOUS RECREATIONAL/EDUCATIONAL FACILITIES (12) ,- " , I A G R E E MEN T THIS AGREEMENT, made and entered into this ::J.R4+-- day of C. ,. iD. 1912 by and between the CITY OF CLEARWATER, FLORIDA, a municipal corporation, here i nafter referred to as "City", and the SCHOOL BOARD OF P INELLAS COUNTY, hereinafter referred to as "Board." WIT N E SSE T H: WHEREAS, the Board desires to use various City-owned facil ities for physical education and various other school-related activities; and WHEREAS, the City desires to use various Board-owned school facilities for recreational and educational programs; and 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 each give the other license to use their respective facilities as described in Exhibit "A" attached hereto and made part of this agreement, under the following terms and conditions: 1. The term of this Agreement shall be for a period of one (I) year commencing on January 1,1993 , and ending on December 31, 1993. This 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 its facilities available when the use thereof does not interfere with the regularly scheduled school programs as outlined in Exhibit "A." 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 midnight for indoor use. 3. The facilities owned by the City may be used by the Board for physical education and other school related activities, when the use thereof does not interfere with any City programs and conforms with the hours the facilities are norma 11y open to the pub 1 i c. If one party des i res to 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. 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. (!{!: ~ , \f.1r[~ (1.''"' ---C- '/'c:/-..r;.:", i..-/ '_ c''' _ '--,. ()l,) " I I ," 5. Each party shall provide its own personnel for the supervision of the programs it conducts. 6. Use of the facilities by private parties or organizations or by business enterprises for profit is prohibited. The Board and City further agree to make no unlawful, improper, or offensive use of the facilities and all rights of a party breaching this paragraph shall be subject to termination by the other party. 7. Each party agrees that it wi 11 save the other harmless on account of the 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 in accordance with the provisions of Section 768.28 Florida Statutes. Each party agrees to be respons ib le for the safety of its own invitees, licensees or participants in its programs in case of accidental injury, except as provided above. 8. 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 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 thirty (30) days advance written notice to the other party. 9. Additional City or School Board facilities may be used at appropriate times and places with the written approval of the Superintendent, City Manager or their respective designees. This Agreement may then be amended to describe the additional facilities and uses. 10. In the event of questions arising out of the use of the facilities 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. , . . I .' IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first written. lta Garvey Mayor-Commissioner F CLEARWATER, F ORIDA I By Approved as to form and correctnes : Attest: Approved as to Form and ectness: By Witnesses: ~i,~ As to School Board Il/n/q'L ( l ne(ado11p)