JOINT LAND UTILIZATION AGREEMENT (3)JOINT LAND UTILIZATION AGREEMENT
THIS AGREEMENT, made and entered into this 1 day of NIo(lembef, 2021, by
and between the CITY OF CLEARWATER, FLORIDA, a municipal corporation, hereinafter
referred to as "City," and the SCHOOL BOARD OF PINELLAS COUNTY, 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 Park; and
WHEREAS, the City and Board desire to continue a relationship to provide a recreation
park 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:
1. Term. The term of this Agreement will be for a period of ten (10) years commencing
January 1, 2022 and ending December 31, 2031. This Agreement may be extended for
additional 5 -year periods under the same terms and conditions set forth herein, with written
agreement and approval by the Superintendent of Schools and the City Manager.
2. Use of Land Owned by Board. The Board agrees to provide land as described in
Exhibit "A" for use by the City as a recreation park. The City will continue to operate such land
as a recreation park to include basketball courts and recreation play areas. 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.
3. Return Condition of Park. The City agrees to return the park and surrounding area
to a clean and sanitary condition after use by that party or any of its agents or invitees.
4. Supervision of Program. The City will provide its own personnel for the
supervision of the programs it conducts.
5. Restriction of Use. Use of the park 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 park 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 park
owned by the Board will abide by all Board policies, including Board policies which state that
the consumption of tobacco products, including e-cigarettes, 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 park
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
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 Questions. The Board and City agree that in the event of unforeseen
questions arising out of the use of the said park or this license, questions will be settled in writing
between the Superintendent and the City Manager or their specific 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. Liability. 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
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.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and
year first written.
Countersigned:
Mayor
Approved as to form
Owen Kohler
Assistant City Attorney
Appr_ved as to Form
Office of General Counsel
CITY OF CLEARWATER, FLORIDA
By
City Manager
er
Attest:
City Clerk
THE SCHOOL BOARD OF
PINELLAS COUNTY, FLORIDA
Attest:
Superintendent
Scale 1" 100' EXHIBIT, A„
•This fs not a survey
Russel/ Street
405'
,fferall111IN.
NORTH
13/03
13/02
Adoent Land .Use Agreement' deecrberf os follows.Me North 280 feet of Me _Metes and.Bounds property-deschted .as
folleirs.•
From the Southeast -corner of Lot 11, Block B -t of Springfield 'Sub. No.
2 as -recorded .in Plat :Soak 4 Page 23 of Public RecordsorPinafas.
Couhtx-Rorida, .run North 13 feet more or less to North hne of Palmetto
Street for P.0.6% thence North 627 feet 41.04., Mence..run East saq
feet, thence rUn North along the East right-of-way../ine Douglas
A:venue .as recorded in 0R. :Saar 284.9,. Page 296 of see:Pub/lc Records
786.04 feet 'to South • fine of Russel/. Street,: thence run East along South
Ithe of Ritssell'Street 405 feet' Ad.0.L., thenoe.nin South 280 feet,. thence
run East 200 .feet 'to West line of Holt Avenue, thence run South q/ohg
sad West fine of:Holt Avenite 1120.0 feet)d.02. to North line of Pathetio
Street, thence West along North ofPalmetto Street 670 feet 41.0.L.
to point of binning... less Sou.M. 450 feet :for Clearwater Comprehenshre
Junior High Schaal and Werth 325e( gat_ of East. 350 feet 11.0L.
South 1720 feet.
Holt Avenue
CITY OF CLEARWATER,. FLORIDA
ENGINEERING DEPARTMENT
I- Oho* LEGAL SKETCH•
.a.imp re. A. JOINT LAND USE AGREEMENT
T. "°11” • 01)1; METES AND BOUNDS
12/23/2011 PROPERTY. 13/03
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.1412011-15
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