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JOINT LAND UTILIZATION AGREEMENT TO PROVIDE RECREATION AND COMMUNITY SERVICE PROGRAMS JOINT LAND UTILIZATION AGREEMENT THIS AGREEMENT is made and entered into between the City of Clearwater, whose address is: Attention: Parks and Recreation Director, Post Office Box 4748, Clearwater, FL 33758-4748 ("City"), and the School Board of Pinellas County, Florida ("Board"), whose address is: 11111 S. Belcher Road, Largo, FL 33773. WHEREAS, the Board owns land adjacent to Curtis Fundamental Elementary School specifically described in Exhibit "A"; 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 Lease and Joint Land Utilization Agreement between the City and Board expires on April 26, 2007; and WHEREAS, the City and Board desire to continue a relationship to provide recreation and community service programs at this site; and NOW, THEREFORE, for good and valuable consideration, the receipt of which is hereby acknowledged, the parties agree as follows: ARTICLE I. TERM 1. Initial Term: The term of this Agreement shall be for a period of five (5) years beginning January 1, 2007 ("Effective Date") and continuing through the 31st day of December, 2011 ("Termination Date") unless earlier terminated under the terms of this Agreement. 2. Options to Renew: The City shall have the option to renew this Agreement in five (5) year increments up to thirty (30) years unless terminated under the terms of this Agreement. ARTICLE II. RESPONSIBILITIES OF THE CITY OF CLEARWATER 1. The City shall continue to operate a recreation center and facilities including tennis courts, playground and basketball courts on land specified in Exhibit "A". 2. The City shall be responsible to maintain the property, including all structures and recreation components in a safe and presentable manner similar to all other City owned recreation facilities and sites. 3. The City will abide by all Federal, State and local codes and laws governing this site and the use thereof. 4. The City may enter into an Agreement with another non-profit agency to operate the facilities on a day-by-day basis knowing that the ultimate responsibility will lie with the City. Said non-profit agency will abide by all Federal, State and local codes and laws governing this site and the use thereof. The City will implement procedures to monitor compliance with this paragraph and will notify the Board at least annually of the City's monitoring of the requirements of this paragraph. 5. The City agrees that there will be no illegal use of the property and that the property can be inspected by the Board at any time. The Board shall attempt to notify the City at least 48 hours prior to any inspection. 6. The City may continue to place identification and park rules signs on the property as needed at the City's expense. 7. No additional construction or additions to the building located at 1201 Douglas Avenue, Clearwater, FL 33755 will occur unless and without the written consent of the Board. 8. The City shall provide all custodial and landscape maintenance at the Center and/or property identified in Exhibit "A". 9. The City shall pay for all expenses relating to the operation of a recreation complex on this site. ARTICLE III. INSURANCE 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 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. ARTICLE IV. RESPONSIBILITIES OF THE BOARD 1. The Board will provide the land as described in Exhibit "A" for use by the City as a recreation complex. ARTICLE V. DISCLAIMER OF WARRANTIES This Agreement constitutes the entire Agreement between the parties on the subject hereof and may not be changed, modified, or discharged except by written Amendment duly executed by both parties. No representations or warranties by either party shall be binding unless expressed herein or in a duly executed Amendment hereof. ARTICLE VI. TERMINATION 1. For Cause: Failure to adhere to any of the provisions of this Agreement as determined by the Board shall constitute cause for termination. This agreement may be terminated for cause with 30 days written notice without any further obligation by Board. 2. For School Board Purpose: The Board may terminate the Agreement in the event it determines that the premises or land are required for any other School Board purpose by giving sixty (60) days written notice of such intended use, following which this Agreement shall terminate in every respect and both parties shall be relieved of any further obligations hereunder, except that City shall be responsible for full payment of all costs and expenses resulting from the operation hereof. ARTICLE VII. NOTICE Any notice required or permitted to be given by the provisions of this Agreement shall be conclusively deemed to have been received by a party hereto on the date it is hand-delivered to such party at the address indicated below (or at such other address as such party shall specify to the other party in writing), or if sent by registered or certified mail (postage prepaid), on the fifth (5th) business day after the day on which such notice is mailed and properly addressed. 1. If to City, addressed to Parks and Recreation Director, P.O. Box 4748, Clearwater, FL 33758. With copy to: City Attorney, P.O. Box 4748, Clearwater, FL 33758. 2. If to Board, addressed to: School Board of Pinellas County, 11111 S. Belcher Road, Largo, FL 33773. ARTICLE VIII. UNFORSEEN QUESTIONS The Board and City agree that in the event of unforeseen questions arising out of the use of said facility or questions of use, questions will be settled in writing between the Superintendent of Schools and City Manager or their specific designees for resolution of such questions concerning this Agreement. ARTICLE IX. EFFECTIVE DATE The effective date of this agreement shall be as of the ,20_. day of -sf- IN WITNESS WHEREOF, the parties hereto have set their hands and seals this 1\ day of ~ ,2006. Countersigned: ~ ~.,. /. ~/7- , F-rank V. Hibbard . Mayor Approved as to form: Laura Lipowski ,- Assistant City Attorney Approved as to form: Witnesses: ~ ) . "-(fl. " ,J~,' \ " . t>;, ( . 'I !'v4. L{)"c As to School Board CITY OF CLEARWATER, FLORIDA By:~~Lf- William B. Horne, II City Manager Attest: ~ . e Goudeau lerk By: Attest: ~':i~~~!ZCf ILl' , , ,)({, L- Date: EXHIBIT "A" From Southeast corner of Lot 11, Block B-1 of Springfield Sub. NO.2 as recorded in Plat Book 4, page 23 of Public Records of Pinellas County, Florida, run North 13 feet more or less to North line of Palmetto Street for P.O.B., thence North 627 feet M.O.L., thence run East 60.0 feet, thence run North along the East right of way line of Douglas Avenue as recorded in O.R. Book 2849, page 296 of said public records, 786.04 feet to South line of Russell Street; thence run East along South line of Russell Street 405 feet M.O.L., thence run South 280 feet, thence run East 200 feet to \Nest line of Holt Avenue, thence run South along said West line of Holt Avenue 1120.0 feet M.O.L. to North line of Palmetto Street, thence West along North line of Palmetto Street 670 feet M.O.L. to point of beginning, less South 450 feet for Clearwater Comprehensive Junior High School and North 325 feet M.O.L. of East 350 feet M.O.L. of South 1120 feet.