SHARED-USE PARKING FACILITY ADJACENT TO CLEARWATER DISCOVERY MIDDLE SCHOOL
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AGREEMENT
This Agreement made and entered into this 2~'6 day of i:kSl-'J'( 1995, by and
between the City of Clearwater, Florida, a municipal corporation, herein referred to as
"City," and the School Board of Pinellas County, Florida herein referred to as "Board,"
WHEREAS, the City has a need for additional parking for the North Greenwood
Branch Library, herein referred to as "Library;" and
WHEREAS, the Board is the owner of land adjacent to the Library, said land used by
the Board's Clearwater Discovery School, herein referred to as "School;" and
WHEREAS, the City has funds available for construction of a paved, parking lot
facility, herein referred to as "Parking Facility," adjacent to the Library; 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 costruct and maintain a Parking Facility on the
School site as shown in Exhibit "A," according to the following terms and covenants;
1.
Term.
The term of this Agreement shall be for a period of ten (10) years,
commencing
c::z.u ~ ...L 3
, 1995 and ending
a.... ~ .)- .J--" ,2005. This Agreement shall stand renewed for additional
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ten (10) year periods upon approval by both parties, as evidenced by written correspondence
by the Superintendent of Schools and City Manager,
2.
Descrintion of Irnnrovements.
The City agrees to construct a Parking
Facility, which shall include paved parking, retention area, fencing and associated
improvements to the School site as shown in Exhibit "A," The City agrees that prior to
making any of the improvements shown in Exhibit "A," or any other subsequent
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improvements to the Parking Facility, the Superintendent of Schools, or designee, will
review for approval the plans provided by the City. Said approval, if given, shall be in
writing and shall delineate any modifications or conditions to the construction plans, as
agreed by the City Manager and Superintendent of Schools, or their respective designees,
After making any of these improvements, the City agrees to restore any affected portions of
the School site to at least as good a condition as existed prior to the installation of the
Parking Facility.
3, Maintenance of ImDrovements. The City agrees to maintain the Parking
Facility, including but not limited to: paved parking, parking stops/bumpers, retention area,
fencing on the east side of the Parking Facility, signage, and landscaping within and
immediately adjacent to the Parking Facility; and to pay all associated maintenance costs,
The City agrees to inspect on a regular basis, or when requested by the Board, the Parking
Facility and to make any necessary repairs or maintenance in a timely manner,
4, Return Condition of Facilitv. The City agrees to return the Parking
Facility and surrounding area to a clean and sanitary condition after use by the City or City,
sponsored groups, agents or invitees. The Board agrees to return the Parking Facility and
surrounding area to a clean and sanitary condition after use by the Board or Board-sponsored
groups, agents or invitees,
5, Dates and Times of Use. Both parties agree that the Library will have
exclusive use of the ten (10) paved parking spaces on the south portion of the Parking
Facility, said ten (10) parking spaces located closest to the Library, for City, Library, and
Library-sponsored programs, year,round, during normal hours of operation, Both parties
agree that the School will have exclusive use of the eight (8) paved parking spaces and the
unpaved overflow parking on the north portion of the Parking Facility, said eight (8) parking
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spaces and overflow parking located furthest from the Library, for Board, School, and
School-sponsored programs, year-round, during normal hours of operation, It is the intent of
the parties, notwithstanding the exclusive hours aforementioned in this paragraph, that the
Library and School attempt to accomodate the parking needs of each other that may arise due
to special events and/or extended hours, when the use thereof does not interfere with
scheduled Library or School programs, The City and Board agree that questions concerning
days of and times of use of lhe-Pal'king f'acilityshaIl- be resolved between-theSGhool
Principal and the Library Branch Manager said resolution to be evidenced by written
correspondence between the School Principal and Library Branch Manager. The resolution of
questions concerning days of use and times of use that can not be resolved by the School
Principal and Library Branch Manager, or other unforeseen questions arising out of this
agreement, shall be addressed according to the terms and conditions of this agreement as
stated in paragraph 9,
6,
Restriction on Use.
Use of the Parking Facility by private
parties or organizations, or by business enterprises for profit is prohibited, unless agreed to,
in writing, by both parties, The City and Board further agree to make no unlawful,
improper, or offensive use of the Parking Facility, The Library and all its invitees shall
abide by all Board policies, including policy numbers 6Gx52-5,25 and 6Gx52-5,27, which
prohibit the consumption of tobacco products and/or alcoholic beverages on Board property,
including outside areas,
Hold Harmless.
Subject to the limitations contained in Section 768,28,
7,
Florida Statutes (1993), the parties agree each will save the other harmless on account of the
negligent acts of its employees, servants or agents or on account of any unsafe conditions
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that may exist as a result of the negligent operation by the parties of the subject facilities,
The City and Board agree to be responsible for loss or damage to the facility while used in
their respective programs, except for routine maintenance. The City and Board agree to
provide each other proof of insurance coverage or self-insurance in the amounts set forth in
Section 768,28, Florida Statutes.
8, Asshmment. Inspection and Termination. The City and Board will
not assign this Agreement or sublet the premises or any part thereof without the written
consent of the other party. The Board, its officers, agents and servants, shall have the right
to enter and inspect the subject premises and the operation being conducted thereon at
reasonable times,
This Agreement shall remain in effect unless terminated by either party as follows:
a) Upon breach of this Agreement by a party, the other party shall give
written notice of termination of this agreement specifying the claimed breach and the action
required to cure the breach, If the breaching party fails to cure the breach within five (5)
days from receipt of said notice, then the contract shall terminate ten (10) days from receipt
of the written notice;
b) Either party may terminate this Agreement by giving written notice to the
other party that the Agreement will terminate one (1) year from the receipt of said notice by
the other party, Upon termination of this Agreement, the Parking Facility improvements
shall become the property of the Board,
9, Unforeseen Questions. The City and Board agree that in the event of
unforeseen questions arising out of use of the parking facility or otherwise arising under this
Agreement, said questions shall be settled in writing between the Superintendent of Schools
and the City Manager, or their respective designees.
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10, Litil!ation, In the event litigation is necessary to enforce any of the terms or
conditions of this Agreement, the prevailing party shall be entitled to recover
its costs and expenses, including reasonable attorneys' fees from the non'prevailing party.
11.
Headinl!s.
The headings of this Agreement are for convenience and
reference only and in no way define, limit, or describe the scope of intent of this Agreement
or any part hereof, or in any way affect the same, or construe any provision hereof,
IN WITNESS WHEREOF, the parties hereto have executed this Agreement
the day and year first above written,
Attest: , '
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City lerk, ',', '<",
CITY OF CLEARWATER, FLORIDA
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By: ;xA'
City M~er
Approved as to form and content:
JJ1J
City Attorney (designee)
Attest:
THE SCHOOL BOARD OF
PINEL~S COUNTY, ~ORIDA
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BM . / L')/.' ,.
Chairman / AUG 2 3 1995
Approved as to form:
Prepared by
Real Property Management Department
Pinellas County School Board - 5/8/95
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WALTER POWNALL
SERVICE CENTER
lllll S. Belcher Road
Largo, FL 34643
(813) 54\-3526
School Board of
Pinellas County,
Florida
Chairman
Barbara]. Crockett
Vice-Chairman
Andrea M. Ibacker
Lee Benjamin
Lucile O. Casey
Corinne Freeman
Susan Latvala
Linda S. Lerner
Superintendent
J. Howard Hinesley, Ed.D.
Pinellas County Schools is
an cqqal opportumty
instit~tion for edt/cation
and lmployment.
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PINELLAS COUNTY
SCHOOLS
i=! Fr'i"C l\fr=n
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goue:",or; dte:,fiIlJ c/lward (7Uizlln
J,U C; ': 1 1995
August 28, 1995
./ M/J.r'-JI\GE:h
Ms, Betty Deptula
City Manager
City of Clearwater
315 Court Street
Clearwater, FI34616
Re: Agreement with the City of Clearwater for a Shared,Use Parking
Facility Adjacent to Clearwater Discovery Middle School
Dear Ms. Deptula:
Attached is an executed copy of the above named agreement for your records,
which was approved by the School Board on August 23, 1995.
The City's Engineering Department should forward its plans for the parking
facility to this office for review, prior to beginning any work,
We look forward to continuing to work with city staff on this project. If you
have any questions, feel free to call me at 547,7286,
Sincerely,
Si~,/~
Stephen Fairchild,
Real Property/Facilities Specialist
Enc,
cc: Mike Gust, Traffic Engineering w/attachment
Arlita Hallam, Library Director, Clearwater Public Library System w/attachment
Jim Miller, Director, Real Property Management Department
Tony Rivas, Director, Facilities Design & Construction Department
Bill Williamson, Area I Superintendent
(SFIBAA)oom\llr\Deplula
Printed on Recycled Paper