JOINT LAND UTILIZATION AGREEMENT (2)JOINT LAND UTILIZATION AGREEMENT
THIS AGREEMENT, made and entered into this a3 day of Januc:�.r�, 2012, by
and between the CITY OF CLEARWATER, FLORIDA, a municipal corporation, hereinafter
referred to as "City," and the SCHOOL BOARD OF PINELLAS COLTNTY, FLORIDA
hereinafter referred to as "Board";
WITNESSETH:
WHEREAS, the Board owns land adjacent to Clearwater Intermediate School; and
WHEREAS, the City has used this land since February 16, 1972 as a neighborhood
recreation site known as the Martin Luther King Recreation Complex; and
WHEREAS, the City and Board desire to continue a relationship to provide a recreation
complex at this site; and
NOW, THEREFORE, in consideration of the covenants herein contained and other good
and valuable consideration, the Board and City each agree as follows:
Term. The term of this Agreement will be for a period of ten (10) years commencing
January 1, 2012, and ending December 31, 2021.
2. Use of Land Owned bv Board. The Board agrees to provide land as described in
Exhibit "A" for use by the City as a recreation complex. The City will continue to operate such
land as a recreation complex to include tennis courts, playground and basketball courts. The City
will be responsible for maintaining the property, including all structures and recreation
components in a safe and presentable manner similar to all other City owned recreation sites.
The City will abide by all Federal, State and local codes and laws governing this site and the use
thereof.
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3. Return Condition of Complex. The City agrees to return the complex and
surrounding area to a clean and sanitary condition after use by that party or any of its agents or
invitees.
4. Suuervision of Program. The City will provide its own personnel for the
supervision of the programs it conducts.
5. Restriction of Use. Use of the complex by private parties or organizations or by
business enterprises for profit is prohibited unless specifically approved by the Superintendent
and the City Manager, or their respective designees. The City further agrees to make no
unlawful, improper or offensive use of the complex and all rights of the using party hereunder
will be terminated by the Board in the event that such use is made thereof. All persons using the
complex owned by the Board will abide by all Board policies, including Board policies which
state that the consumption of tobacco products or alcoholic beverages on Board property,
including any outside areas, is prohibited.
6. Assignment. The Board and City will not assign this agreement nor sublet the
complex or any part thereof without the prior written consent of the other party.
7. Termination. 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 (5) days from receipt of said
notice, then the contract will terminate ten (10) days from receipt of the written notice;
(b) Either party may terminate this agreement without cause by giving written notice to
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the other party that the agreement will terminate sixty (60) days from the receipt of said notice by
the other party. Upon termination or cancellation of the Agreement, the City is responsible for
the cost associated with removal of the improvements, such as structures, light fixtures and light
poles, playground equipment to another City-selected site within ninety (90) days of termination.
8. Unforeseen Ouestions. The Board and City agree that in the event of unforeseen
questions arising out of the use of the said complex or this license, questions will be settled in
writing between the Superintendent and the City Manager or their speciiic designee; however,
neither Party waives any right to claims or remedies as provided by law.
9. Headings. The headings of this Agreement are for convenience and reference only
and in no way define, limit, or describe the scope or intent of this Agreement or any part hereof,
or in any way affect the same, or construe any provision hereof.
10. Liabili . The Board and City agree to be fully responsible for their own acts of
negligence, or their respective agents' acts of negligence when acting within the scope of their
employment, and agree to be liable for any damages resulting from said negligence to the extent
of the monetary limitations and defenses contained in Section 768.28, Florida Statutes. Nothing
herein is intended to serve as a waiver of sovereign immunity by either the Board or City.
Nothing herein shall be construed as consent by the Board or City to be sued by third parties in
any manner arising out of this agreement.
11. Hold Harmless. The City agrees that it will save the Board 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. The City agrees
to be responsible for the safety of its own invitees, licensees or participants in its programs in
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case of accidental injury. Nothing herein shall be construed to waive or modify the provisions of
Section 768.28, Florida Statutes or the doctrine of sovereign immunity.
12. Conforming Copies. This Agreement may be executed separately by the parties and
such conforming copies shall constitute a valid agreement.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and
year first written.
Countersigned:
CITY OF CLEARWATER, FLORIDA
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Frank V. Hibbard William B. Horne II
Mayor City Manager ��.�
Approved as to Form:
Laura Mahony
Assistant City Attorney
Approved as to Form:
Office of General Counsel
Attest:
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Rosemarie Call
City Clerk
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THE SCHOOL BOARD OF
PINELLAS COUNTY, FLORIDA
By:
Chairperson
Attest:
Superintendent
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� IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and
year first written.
Countersigned: CITY OF CLEARWATER, FLORIDA
Mayor
Approved as to form
City Attorney
Approved as to Form
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Office of Gen ral Counsel
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By
City Manager
Attest:
City Clerk
THE SCHOOL BOARD OF
PINELLAS COUNTY, FLORIDA
By
Ch irperson
t�t�e�t:
uperintendent
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s�oie �" _ �oo' EXHIBIT
This is not a survey
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A✓oint Lond Use Ag�eement desc�ibed os fo/%ws•
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The No�th 280 feet of the Metes ond Bounds p�operty described os I
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� Fiom the Southeast corne� of Lot 11, B/ock B-1 of Spring�e/d Sub. No.
2 os �eco�ded in P/at Book 4, Page 23 of Pub/ic Records of Pine//as
� County, F/o�ido, �un No�th >3 feet more oi /ess to North /ine of Po/metto
St�eet fo� P.O.B., thence North 627 feet M.O.L., thence �un Eost 60.0
feet, thence �un No�th o%ng the East �ight—of—woy /ine of Doug/os
A venue os reco�ded in O. R. Book 2849, Poge 296 of soid Pub/ic Reco�ds,
786.04 feet to South /ine of Russe// St�eet,• thence �un East o%ng South
/ine of Russe// Street 405 feet M.O.L., thence run South 280 feet, thence
run Eost 200 feet to West /ine of Ho/t Avenue, thence �un South o%ng
� said West /ine of Ho/t Avenue 1120.0 feet M.O.L. to No�th /ine of Po/metto
St�eet, thence West a/ong Noith /ine oi Po/metto Street 670 feet M.O.L.
� to point of beginning, /ess South 450 feet fo� C/eo�wote� Comp�ehensive
✓unior High Schoo/ ond No�th 325 feet M.O.L. of East 350 feet M.O.L. of
� South 1>20 feet.
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