HomeMy Public PortalAboutJoint Use Agreement - SandspurSTATE OF FLORIDA
COUNTY OF OKALOOSA
JOINT USE AGREEMENT
THIS JOINT USE AGREEMENT is entered into effective this lst day of October 2023,
by and between THE SCHOOL BOARD OF OKALOOSA COUNTY, FLORIDA, a body
corporate pursuant to Section 1001.40, F.S., whose principal address is 120. Lowery Place SE, Fort
Walton Beach, Florida, 32548 (hereinafter referred to as "School Board") and the CITY OF
CRESTVIEW, FLORIDA, a governmental entity existing under the laws of the State of Florida,
whose principal address is 198 N. Wilson Street, Crestview, Florida 32536 (hereinafter referred to
as "City").
WITNESSETH:
WHEREAS, the School Board owns certain real property and the improvements thereon
located along North Avenue in Crestview, Florida which is known as Sandspur Field (hereinafter
referred to as the "Property and/or the "Joint Use Facility"); and,
WHEREAS, the City desires to work cooperatively with the School Board for the purpose
of operating joint use educational and recreational facilities on the Property; and,
WHEREAS, the existing facilities on the Property will be used jointly by the School Board
and the City in their recreation and educational programs; and,
WHEREAS, the School Board and the City believe it to be in their best interest to enter
into this Agreement for the joint use of the facilities.
NOW THEREFORE, for and in consideration of the covenants and agreements herein set
forth, the parties do hereby agree as follows:
1. JOINT USE FACILITY. The School Board hereby expressly agrees to
establish and extend joint use rights to the City, together with School Board, for the Property and
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improvements thereon in Okaloosa County, Florida, to -wit:
See Exhibit "A" attached hereto and made a part hereof for general location of the
Property/Joint Use Facility.
2. TERM AND TERMINATION. This Agreement shall be for a period of one (1)
year commencing on October 1, 2023 and ending on September 30, 2024. This Agreement shall
automatically renew for four (4) one (1) year periods at the end of the initial term unless either
party gives to the other ninety (90) days written notice, prior to the end of the current annual term,
of its intent not to renew the Agreement. In the event of such notice, this Agreement shall end at
the expiration of the then current annual term.
3. FUTURE EXPENSES. In consideration for the School Board allowing the City.
to be a user of the Joint Use Facility, the City shall be responsible for the ongoing and continuous
maintenance of the Property and all of the recreational facilities and other improvements located
on the Property at its sole expense and the City shall pay all monthly utility bills for the .utility
services provided for the facility.
4. SCOPE OF USE OF FACILITIES.
A. The Joint Use Facility shall be used by Okaloosa County Public Schools for
their school physical education and extracurricular programs and other school sponsored and
approved events.
B. The Joint Use Facility shall be used by City for community
educational/recreational programs, for the promotion and support of community recreational and
civic programsand other incidental purposes as are reasonably related thereto.
C. The City shall not. sublease any portion of the Property/Joint Use Facility or
assign any of its duties and obligations under this Agreement to any third party without the express
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written consent of the School Board.
5... FACILITY SCHEDULING. The Recreation Director for the City or his
designee, shall be responsible for scheduling the use of the facilities. Priority for use of the
facilities shall be given to the public schools. The facilities shall not be scheduled for use by the
City during any times when organized school activities are scheduled for the -facilities.. Should
there be any dispute as to the scheduled use or type of programs or activities to be conducted on
the site, thedecision of the school principal at Northwood Elementary School shall be final.
6. IMPROVEMENTS.
A. The City shall also have the right, at its cost, to erect or permit to be erected
on said Property such improvements or modifications as are reasonably necessary for furthering
the permitted uses of said Joint Use Facility, providing that such improvements or modifications
conform to City construction standards and are first approved by the Superintendent of Schools or
her designee.
B. All improvements and additions to the Property willbecome the.property
of the School Board and shall remain upon and be surrendered with the Property/Joint Use Facility
as a part thereof at the termination and/or expiration of this Agreement.
7. INSURANCE AND INDEMNITY.
A. The City shall exercise its privileges hereunder at its ownrisk and expense.
The City and the School Board shall each carry and maintain in full force and effect throughout
the .term of this Agreement, either liability insurance or a liability self-insurance program to the
limit of liability set forth in § 768.28, Florida Statutes, as same may from time to time be amended.
B: Neither the City nor the School Board shall be responsible, liable to, or have
any obligation ,to any third party user of the Joint Use Facility for loss of property -by reason of
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theft, fire, storm, hail, flood, or other such casualty.
8. LIENS. The City shall not make any contract or agreement for the construction,
alteration, repair or maintenance to said Property/Joint Use Facility or of any improvement now
or hereafter erected thereon unless such contract or agreement is in writing and contains an express
waiver by such contractor of any and all claims for mechanic's or materialmen's liens against the
Property/Joint Use Facility or any improvements now or hereafter erected thereon.- Notice is
hereby given that no contractor, subcontractor, or anyone else who may furnish any materials,
service or labor for any buildings or improvements, alterations or repairs or maintenance or
operation of the Property/Joint Use Facility, at any time shall be or may become entitled to any
lien thereon whatsoever.
9. BREACH. Should the City breach any of the terms of this Agreement, then the
School Board shall have the right, at its option, to immediately terminate this Agreement and to
re-enter and re -take possession of the Property/Joint Use Facility.
10. ATTORNEY'S FEES AND COSTS. In any action, suit or proceeding to enforce
or interpret the terms of this Agreement, or to collect any amount due hereunder, the prevailing
party shall be entitled to reimbursement for all costs and expenses reasonably incurred in
enforcing, defending or interpreting its rights hereunder, including, but not limited to, all collection
and court costs, and all attorney's fees, whether incurred out of court, in the trial, on appeal, or at
bankruptcy or administrative proceedings.
11. MISCELLANEOUS.
A. Nothing herein contained shall be deemed or construed by the parties nor
by any third party as creating the relationship of partnership or joint venture.
B. Whenever the singular number is used the same shall include the plural, and
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the masculine gender shall include the feminine and neuter genders where the context requires.
C. No party shall be deemed in default under this Agreement if such party is
delayed in the performance of any of its obligations if the delay is due to strikes, lockouts or labor
disputes, acts of God, restrictions, regulations or controls of any government or governmental
agency, civil commotion, insurrection, revolution, sabotage or enemy or hostile government
actions, fire or other casualty or other similar conditions beyond the control of the party delayed.
In the event of such delay, all dates for performance shall automatically be extended by a period
equal to the aggregate period of all such delays.
D. The City shall keep the Joint Use Facility clean and free of rubbish and shall
not allow the accumulation of any unsightly matter(s) or object(s).
E. The City shall provide security services for the Joint Use Facility and
maintain order and control during all activities and events conducted by or through the City at the
Joint Use Facility.
12. NOTICES. All notices, requests, demands, elections, consents,
approvals, designations and other communications of any kind must be in writing and addressed
to the parties as follows:
School Board:
Superintendent
Okaloosa County School District Administration Office, 120 Lowery Place SE
Fort Walton Beach, Florida 32548
City:
Recreation Director
City of Crestview
115 Ferdon Boulevard
Crestview, Florida 32536
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Any party may change the address to which notices are to be sent by giving ten (10) days
prior written notice informing the other party of the change of address. Service of notice shall be
deemed complete upon mailing.
13. COMPLETE AGREEMENT. This document contains the complete Agreement
between the parties. All negotiations, considerations, representations, and understandings between
the School Board and the City relating to the management of the Joint Use Facility are incorporated
herein and may only be modified by agreement in writing.
14. APPLICABLE LAW. The laws of the State of Florida shall govern the validity,
performance, and enforcement of this Agreement.
15. PARTIAL INVALIDITY. The invalidity or unenforceability of any provision
of this Agreement shall not affect or impair any other provision unless such partial invalidity shall
materially or substantially alter the arrangements between the parties hereto or .the benefits
accruing to either party.
16. HEADINGS. The headings of sections are for convenience only and do not
define, limit, or construe the contents of such sections.
17. WAIVER. No consent or waiver, expressed or implied, by either party to or of
any breach of any covenant, conditions, or duty of the other party hereto shall be construed as a
consent or waiver to or of any other breach of the same or any other covenant, condition or duty.
IN WITNESS WHEREOF, the parties hereto have caused the signatures of their officers
to be set hereunder and their seals to be affixed hereto to be effective as of the latest date of
execution.
[SIGNATURE PAGE FOLLOWS]
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Exhibit "A"
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ATTEST:
By:
Marcus s,perintendent
of Schools, Corporate Secretary
ATTEST:
(9ss
By: 1e`'� ..
Mary nn Schrader, City Clerk
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. SEAL,
?E7 a.00
THE SCHOOL BOARD
OF OKALOOSA COUNTY, FLORIDA
By:
Diane Kelley,
Date: September 25, 2023
CITY OF CRST'tEW, FLORIDA
By:
-ram Wz- tt T m
:�� ,h,t��n, Mayor �"'� � _ �.
Date: 0-
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