JOINT USE INTERLOCAL AGREEMENTJOINT USE INTERLOCAL AGREEME
Between
THE CITY OF CLEARWATER,
And
THE CITY OF SAFETY HARBOR
KEN BURKE, CLERK OF COURT
AND COMPTROLLER PINELLAS COUNTY, FL
INST# 2018010343 01/11/2018 09:03 AM
OFF REC BK: 19905 PG: 1590-1596
DocType:AGM RECORDING: $61.00
This Joint Use Interlocal Agreement ("Agreement") made and entered into this
day of J(-Lk41/4-4"--►^r 1 ET 9 and between the City of Clearwater,
Florida, a municipal corporation of the State of Florida, hereinafter referred to as
"Clearwater", and the City of Safety Harbor, Florida, a municipal corporation of the State
of Florida, hereinafter referred to as "Safety Harbor," (each being referred to individually
herein as "Party", and collectively as the "Parties").
WITNESSETH:
WHEREAS, in addition and supplemental to their other powers, Safety Harbor
and Clearwater, pursuant to Chapter 163, Part I, Florida Statutes, as amended,
commonly known as the "Florida Interlocal Cooperation Act of 1969", are authorized
and empowered to cooperate with each other on a basis of mutual advantage and
thereby to provide services and facilities in a manner and pursuant to forms of
government organization that will best accord with geographic, economic, population,
and other factors influencing the needs and development of local communities; and
WHEREAS, Clearwater has certain existing athletic facilities upon which it
conducts youth athletic multi-purpose field programs, hereinafter referred to as
"Facilities"; and
WHEREAS, Safety Harbor would like for its residents to have the option of
participating in city-wide multi-purpose field youth athletics within the current programs,
Countryside Junior Cougars, Inc., Chargers Soccer Club, Inc., and Clearwater Youth
Lacrosse, Inc. and/or similar city-wide programs and/or their successor programs (the
"Youth Athletic Programs"); and
WHEREAS, it is mutually beneficial for the parties to allow for the joint use of the
facilities and participation in the Youth Athletic Programs.
NOW THEREFORE, in consideration of the mutual covenants set forth herein,
and other good and valuable consideration, the receipt of which is hereby
acknowledged, the Parties agree as follows:
1. Consideration. In consideration for residents of Safety Harbor to be able
to participate in the Youth Athletic Programs and use the Facilities as
described hereunder, Safety Harbor shall contribute a total of Three
Hundred Fifty Thousand and xx/100 Dollars ($350,000.00) toward the
capital improvements described herein during the Term, payable in seven
(7) annual installments of Fifty Thousand and xx/100 Dollars ($50,000.00)
each, to be paid annually over the first seven (7) years of the Agreement.
The first payment will be made on the Effective Date of the Agreement (as
defined below) and each subsequent payment will be due annually on the
anniversary of the Effective Date.
2. Term. The term of this Agreement shall commence and be effective as of
the date Clearwater files this Agreement with the Pinellas County Clerk of
Court pursuant to Section 163.01(11), Florida Statutes (the "Effective
Date"), and shall continue for a period of thirty (30) years unless
terminated sooner pursuant to the terms set forth herein.
3. Capital Improvements and Maintenance. Clearwater will cause the
construction of certain capital improvements to the Facilities as shown on
the conceptual drawings, attached as Exhibit "A" and incorporated herein
by reference (hereinafter, "the Improvements"). Clearwater shall be solely
responsible for and in control of all construction and site work related to
the Improvements, including but not limited to procurement and selection
of a general contractor and/or subcontractor(s), selection of a
manufacturer, preparation of the specifications and site plans for the
Improvements, ensuring that all necessary licenses and permits are
obtained for the completion of the Improvements, and remittance of all
payments in connection with the work. Clearwater shall be solely
responsible for maintaining the Improvements and Facilities, and agrees to
provide irrigation, mowing, sod, control of insects, fertilization, maintaining
the parking area, restrooms and other buildings and otherwise maintain
the Facilities at Clearwater's sole expense. Utility costs associated with
the Facilities shall be part of the maintenance costs. In the event the
Improvements are not undertaken within two (2) years of the Effective
Date, Safety Harbor may terminate this Agreement and be refunded any
contributions paid to date. In the event the Improvements are not fully and
finally constructed within five (5) years of the Effective Date, Safety Harbor
may terminate this Agreement and be refunded 83.3% of any contributions
paid to date.
4. Taxes. Clearwater shall be responsible for all real and personal property
taxes as may be assessed against the Facilities during the term of this
Agreement.
5. Conducting Programs and Use of Facilities. Clearwater shall retain full
control in conducting its programs and overseeing its Facilities.
Clearwater agrees to make the programs and Facilities available for use
by Safety Harbor residents participating in the Multi -Purpose Field Youth
Athletic Programs during the term of this Agreement in the same manner
and at the same rates charged to City of Clearwater residents, including,
but not limited to, rates for recreation cards and program application fees.
If for any reason the Multi -Purpose Field Youth Athletic Programs are not
offered in Clearwater then Clearwater will make its best efforts to provide
equal or better programming to replace the Multi -Purpose Field Youth
Athletic Programs to be used under the same terms and conditions..
6. Restrictions on Use. Safety Harbor's use hereunder is not transferable.
Use of the Facilities by private parties or organizations or by business
enterprises for profit, other than Clearwater authorized programs is
prohibited without prior written consent of Clearwater. The Parties
mutually agree to make no unlawful, improper, or offensive use of the
Facilities and to abide by applicable law. In addition, the Parties, and all
their respective invitees will abide by all policies of Clearwater, including
those which prohibit the consumption of tobacco products or alcohol
beverages on the Facilities property. If at any time, Clearwater, in its sole
discretion, determines that a use of the Facilities or the surrounding areas
by Safety Harbor will cause a threat to the safety of the public, or damage
to the Facilities if use is permitted to continue, the specific use that causes
the disruption, interference or threat may be terminated immediately
without notice.
7. Supervision of Programs. The supervision of the Youth Athletic
Programs shall remain the sole responsibility of Clearwater.
8. No Indemnity. Pursuant to § 768.28(19) each Party agrees to be
responsible for its own negligence. Notwithstanding anything contained
herein to the contrary, this indemnification provision shall not be construed
as a waiver of any immunity to which either Party is entitled or the extent
of any limitation of liability to pursuant to § 768.28, Florida Statutes.
Furthermore, this provision is not intended to nor shall be interpreted as
limiting or in any way affecting any defense either Party may have under §
768.28, Florida Statutes, or as consent to be sued by third parties. This
provision shall survive expiration or termination of this Agreement.
9. Assignment. This Agreement may not be assigned. Any attempt to assign
this Agreement, in whole or in part, or any benefits hereunder, shall render
this Agreement null and void in its entirety, excepting provisions expressly
intended to survive expiration or termination.
10. Termination. This Agreement may be terminated immediately by either
Party for cause, upon written notice to the defaulting Party of a default of
any of the terms and conditions of this Agreement, if said default is not
cured within ninety (90) days of such notice.
11. Unforeseen Questions. Clearwater and Safety Harbor agree that in the
event of unforeseen questions arising out of use of the Facilities or
otherwise arising under this Agreement, the Parties will first make a good
faith effort to resolve such questions in writing between the Safety Harbor
City Manager and the Clearwater City Manager, or their respective
designees for resolution of such questions concerning this Agreement,
unless otherwise required to be reviewed by either or both of the
respective City Council/Commission of the Parties as provided for in their
City Codes or other applicable law.
12. Headings. 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.
13. Notices. 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), when actually received or on the fifth (5th) business day after the
day on which such notice is mailed and properly addressed, whichever is
earlier.
To Safety Harbor:
Attn: Matt Spoor, City Manager
750 Main Street
To the Clearwater:
City of Clearwater
112 S. Osceola Ave.
Safety Harbor, FL 34695
P.O. Box 4748
Clearwater, Florida 33756-4748
Attn: Kevin Dunbar
Director of Parks & Recreation
Either party may change its above noted address by giving written notice to the other
party in accordance with the requirements of this Section.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals this
day of , 2017.
Karen Sammons, City Clerk
APPROVED AS TO FORM:
City Attorney
Counters!
CITY 0 SAFET HARBO
CITY OF CLEARWATER, FLORIDA
By:
George N. Cretekos William B. Horne II
Mayor City Manager
Approved as to form: Attest:
JOINT USE INTERLOCAL AGREEMENT
Between
THE CITY OF CLEARWATER,
And
THE CITY OF SAFETY HARBOR
Countersigned:
— cteogci\ce At*,
George N. Cretekos
Mayor
Approved as to form:
Laura Mahony
Assistant City Attorney
CITY OF CLEARWATER, FLORIDA
By:
Attest:
ttairne 41-i4ART
William B. Horne II
City Manager
Rosemarie Call
City Clerk
I
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EXISTING
BUILDING
Exhibit "A"
annMailEE
SITE I OCATION:
COUNTRYSIDE SPORTSPLEX
3060 N. McMULLEN BOOTH RD.
CLEARWATER, FL 33761
PROPERTY OWNER: CPAL ENGINEER & SURVEYOR
CITY OF CLEARWATER DEUEL & ASSOCIATES
CONTACT: LEROY CHIN 565LUTTHRHERCULES
EROJJL S4 VENUE
100 S. MYRTLE AYE.
P.O. 80X 4748 (727) 822 -4151 -TEL
CLEARWATER, FL 33756 -5520 (727) 821 -7255 -FAX
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TOTAL BUILDING AREA
TOTAL BUILDING (CFA)
TOTAL ASPHALT /CONC./SHELL AREA
TOTAL IMPERVIOUS AREA
TOTAL GREEN AREA
TOTAL PROJECT AREA
FMS1190 Pte@
1,376 SF(0.009) 3,648 SF(0.01%)
1,376 SF 10 5,215 SF
52,750 SF((0.097) 40.801 SF((0.0
519.548 SF(0.917) 531,497 SF(0.93
572,298 SF (13.138 AC)
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FRONT(MCMULLEN BOOTH RD.) 10 FT 40.5 FT
SIDE(NORTH) 20 FT 335.2 FT
SIDE(SOUTH) 20 FT 534.5 FT
REAR(WEST) 50 FT 498.4 FT
MAXIMUM I OT COVERAGE (156)' 0.09 0.07
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