JOINT USE OF VARIOUS RECREATIONAL/EDUCATIONAL FACILITIES (12)
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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.
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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.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day
and year first written.
lta Garvey
Mayor-Commissioner
F CLEARWATER, F ORIDA
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By
Approved as to form and
correctnes :
Attest:
Approved as to Form and
ectness:
By
Witnesses:
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As to School Board
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