JOINT USE FACILITIES AGREEMENT
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AGREEMENT
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THIS AGREEMENT, made and entered into this j,;) - day of De.c.em 6ex- ,
2000, 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 "Board."
WITNESSETH:
WHEREAS, the Board desires to use various City-owned facilities for physical
education and various other school-related activities; and
WHEREAS, the City desires to use various Board-owned school facilities for
recreation, public meetings, and other city-related 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 as amended yearly, and
made part of this agreement, under the following terms and conditions:
1. The term of this Agreement will be for a period of five (5) years
commencmg January 1, 2001, and ending December 31, 2006. This Agreement may be
extended for additional five-year periods under the same terms,and conditions set forth herein,
with written agreement and approval by the Board and City.
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2. Exhibit "A" will be updated by both parties prior to December 31, 2001,
and subsequently every year thereafter for the duration of this agreement.
3. 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 will 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. Board facilities used by the City as polling
places will be opened at 6:00 a.m. The City will determine if the Board facility is suitable and
available prior to informing the public that the Board facility will be used as a polling place.
4. 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 normally open to the public. If
one party desires to use the other party I s facilities at a time other than normally open, the
using party will be required to pay the normal rental fee for said usage.
5. 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.
6. The City and all its invitees will abide by all Board policies when using
Board facilities, including those policies which state that the consumption of tobacco products
or alcoholic beverages on Board property, including any outside areas, is prohibited.
7. Each party will provide its own personnel for the supervision of the
programs it conducts.
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8. 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
will be subject to termination by the other party.
9. This agreement will remain in effect unless terminated by either party as
follows:
(a) Upon breach of this agreement by a party, the other party will 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 days from receipt
of said notice, then the contract will terminate ten 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 thirty days from the receipt of said notice by the
other party.
10. Subject to the limitations contained in Section 768.28, Florida Statutes
(2000) each party agrees that it will 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 responsible for the
safety of its own invitees, licensees or participants in its programs in case of accidental injury,
except as provided above.
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11. N either 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 will have the right to enter and inspect the facilities and the activities being
conducted thereon at reasonable times.
12. 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.
.13. In the event of questions arising out of the use of the facilities or otherwise
ansmg under this Agreement, the questions will be settled in writing between the
Superintendent and the City Manager, or the specific designee of either for resolution of such
questions.
14. In the event litigation is necessary to enforce any of the terms or conditions
of this Agreement, the prevailing party will be entitled to recover its costs and expenses,
including reasonable attorneys' fees from the non-prevailing party.
(Note: The remainder of the page is intentionally left blank.)
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement the
day and year first written.
Countersigned:
Brian J. Aungst
Approved as to form and
correctness:
~:ssas
Approved as to Form and
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S ~OOI Board Attorney
Witnesses:
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As to School Boafd
agreemnt\CtyClear .2000
CITY OF CLEARWATER, FLORIDA
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Interim City ManageL William B. Horne, II
Attest:
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THE SCHOOL BOARD OF
PINELLAS COUNT, LORIDA
Date
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JOINT-USE-OF-FACILITIES AGREEMENT
EXHIBIT "A" 1/1/01 - 12/31/01
SCHOOL BOARD OF PINELLAS COUNTY and CITY OF CLEARWATER
(S) Belleair Elementary (C)youth & adult recreation No use currently planned; (S) RPC#
may be added during the year, 2570
(S) Belcher Elementary (C) youth & adult recreation No use currently planned; (S) RPC#
may be added during the year, 2571
(S) Carwise Middle (C) youth & adult recreation (S) RPC#
2572
(S) Clearwater Discovery (C) youth & adult recreation City assists with score-clock (S) RPC#
maintenance. 2573
(S) Clearwater High (C) youth & adult recreation; public City maintains basketball & tennis (S) RPC#
use of basketball, track & tennis court lights and pays utility bill. 2574
courts; summer gym program; City maintains nets, backboards &
performing arts programs basketball rims.
(S) Coachman Fundamental (C) youth & adult recreation; City assists with score-clock (S) RPC#
summer gym program maintenance. 2575
(S) Countryside High School (C) youth & adult recreation; public City maintains baseball & practice (S) RPC#
use of tennis courts; summer gym field lights and pays utility bill, 2576
program; performing arts programs City provides assistance with field.
(S) Curtis Fundamental (C) youth & adult recreation No use currently planned; (S) RPC#
may be added during the year. 2577
(S) East Lake High School (C) youth & adult recreation (S) RPC#
2578
(S) Eisenhower Elementary (C) youth & adult recreation (S) RPC#
2579
(S) Kennedy Middle (C) youth & adult recreation; City assists with gym score-clock (S) RPC#
summer gym program maintenance. 2580
(S) Kings Highway Elementary (C) youth & adult recreation No use currently planned; (S) RPC#
may be added during the year. 2581
(S) Largo High (C) youth & adult recreation; (S) RPC#
state, regional or national 2582
tournaments
(S) Leila Davis Elementary (C) youth & adult recreation No use currently planned; (S) RPC#
may be added during the year. 2583
(S) North Ward Elementary (C) youth & adult recreation No use currently planned; (S) RPC#
may be added during the year. 2584
(S) Oak Grove Middle (C) youth & adult recreation; City assists with gym score-clock (S) RPC#
summer gym program maintenance, 2585
The dates & times of the programs listed above are as approved by the Principal and City staff. Outside school or city facilities may
be used without cost. Interior school or city facilities may be used without cost if appropriate staff are already scheduled to be on duty,
Use of an interior school facility or interior city facility when not normally staffed must be pre-approved by city staff and the school's
Area Office; direct costs may apply, If direct costs will be assessed, contact the School District's Real Property Management
Department (727-547-7286) and the City's Recreation Department (727-562-4804),
The respective agencies supervise their own programs unless noted otherwise above.
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JOINT-USE-OF-FACILITIES AGREEMENT
EXHIBIT "A" 1/1/01 - 12/31/01
SCHOOL BOARD OF PINELLAS COUNTY and CITY OF CLEARWATER
(S) Osceola High (C) youth & adult recreation (S) RPC#
2586
(S}Palm Harbor University (C) youth & adult recreation (S) RPC#
High School 2587
(S) Pine lias Park High (C) youth & adult recreation (S) RPC#
2588
(S) Plumb Elementary (C) youth & adult recreation (S) RPC#
2589
(S) Sandy Lane Elementary (C) youth & adult recreation (S) RPC#
2590
(C) Armory (S) physical education, sports teams
and other school-related programs
(C) Bomber Stadium (S) physical education, sports teams
and other school-related programs
(C) Carpenter Complex (S) physical education, sports teams
and other school-related programs
(C) Countryside Complex (S) physical education, sports teams
and other school-related programs
(C) Countryside Recreation Center: (S) physical education, sports teams
gymnasium, baseball and softball and other school-related programs
facilities, soccer fields, tennis
courts, playfields, & swimming
pools
(C) E.C, Moore Complex (S) physical education, sports teams
and other school-related programs
(C) Frank Tack Fields (S) physical education, sports teams
and other school-related programs
(C) Holt Pool: pool & playfields (S) physical education, sports teams pool supervision by city staff
and other school-related programs
(C) Joe DiMaggio Fields (S) physical education, sports teams
and other school-related programs
(C ) Kings Highway Recreation (S) physical education, sports teams
Center and other school-related programs
The dates & times of the programs listed above are as approved by the Principal and City staff. Outside school or city facilities may
be used without cost. Interior school or city facilities may be used without cost if appropriate staff are already scheduled to be on duty.
Use of an interior school facility or interior city facility when not normally staffed must be pre-approved by city staff and the school's
Area Office; direct costs may apply. If direct costs will be assessed, contact the School District's Real Property Management
Department (727-547-7286) and the City's Recreation Department (727-562-4804).
The respective agencies supervise their own programs unless noted otherwise above,
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JOINT-USE-OF-FACILITIES AGREEMENT
EXHIBIT "A" 1/1/01 - 12/31/01
SCHOOL BOARD OF PINELLAS COUNTY and CITY OF CLEARWATER
(C) Martin Luther King Center: (S) physical education, sports teams
basketball & tennis courts, and other school-related programs
meeting space, parking
(C) McMullen Tennis Courts (S) physical education, sports teams
and other school-related programs
(C) Moccasin Lake Nature Park: (S) physical education, sports teams
baseball and softball facilities, and other school-related programs
playfields
(C) Momingside Pool and (S) physical education, sports teams pool supervision by city staff
Recreation Center: Baseball and and other school-related programs
softball facilities, soccer fields,
tennis courts, meeting rooms, pool
& playfields
(C) Norton Park: pool, playground (S) physical education, sports teams pool supervision by city staff
and playfields and other school-related programs
(S) Various other School Board (C) youth & adult recreation; No use currently planned;
facilities polling places, meeting space & may be added during the year.
employee testing
(C) Various other City Facilities (S) physical education, sports teams No use currently planned;
and other school-related programs may be added during the year.
Exhibit.City Clearwater 98
The dates & times of the programs listed above are as approved by the Principal and City staff. Outside school or city facilities may
be used without cost. Interior school or city facilities may be used without cost if appropriate staff are already scheduled to be on duty,
Use of an interior school facility or interior city facility when not normally staffed must be pre-approved by city staff and the school's
Area Office; direct costs may apply, If direct costs will be assessed, contact the School District's Real Property Management
Department (727-547~ 7286) and the City's Recreation Department (727-562-4804).
The respective agencies supervise their own programs unless noted otherwise above.
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