HomeMy Public PortalAboutJoint Use Richbourg Field-Okaloosa County School BoardST,ITE O ; F7,0� FDA
COUNTY OF GKAL003A
JOINT USE AGREEMENT
THIS JOINT USE AGREEMENT made and entered into this 11 t hday of June 2012, to
be effective on July 1, 2012, 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 Street in Crestview, Florida which is known as Richbourg 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 join., use rights to the City, together w:th School Loan% for the Property and
improvements thereon in Okaloosa County, Flo. _,la, to -wit:
See Exhibit "A" attached hereto and made a part hereof for general location of the
Property/Joint Use Facility.
2. TERM AND 1 ERIMINATIDN. This Agreement shall be for a period of five (5)
years with an effective commence date of July 1, 2012.
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
educationaUrecreational programs, for the promotion and support of community recreational and
civic programs and 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
written consent of the School Board.
5. FACILITY SCHEDULING. The Recreation Director for the City or his
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designee, shall be responsible for sched.iling the use of the facilities. Priority f(r use of the
facilities shall be given to the public schools. The facilities shall not be scheduled for E se by the
City during any tirnes when org.T-ized school acCivities are scheduled for the facilities. ShcuId
there be any dispute as to the scheduled use or type of programs or activities to be conducted on the
site, the decision 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 will become the property of
the School Board and shall remain upon and be surrendered with the 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 own risk 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 Section 768.28, Fla. Stat., 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 for loss of property by reason of theft, fire, storm, hail, flood,
or other such casualty.
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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
hereaf_er 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 mater`almen'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 material,
service or labor for any buildings or improvements,. alterations or repairs or maintenance or
operation of the 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 gendtr sha:I include the feminine znd neuter genders where Cle con'ext requires.
C. No party shall be deem d, in default under this Agreement if.' such party is
delayed in the performance of any of its obligations if the due to strikes, lockouts or labor
disputes, acts of God, restrictions, regulations or controls of any government or gove,rnmental
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
100 Hathaway Street
Crestview, FL 32536
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Any party may change the address to which no ices are to be segt by giving ten (10) days
prior written notice informing the other party of the cha lge of address. Service of notice shall be
d; ,med complete upon trailing.
13. COMPLETE AGREEMENT. This documer A contains the complete Agreement
between the parties. All negotiations, consideration, 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.
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By(:
IN WITNESS WHEREOF, the parties hereto have caused the signatures of their officers
to be set her -under and their seals to be affixr-Al hereto to be effective as of the latest date of
execution.
ATTEST: THE SCHOOL BOARD
OF OKALOOSA COUNTY, FLORIDA
By: / 7
Ale, bbetts, Ed.D. Rodne. Walker
Superintendent/Secretary Chairman
ATTEST:
By:
Eli Beth "Betsy" Miller R y
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Date: June 11, 2012
CITY OF CRESTVIEW, FLORIDA
By: Al
David Cadle, Mayor
Date: 5— 23 —1 Z
Meeting Date: June 11, 2012
TITLE:
School District of • ' . low ounty, Florida
Okaloosa County • • I Board
FORM_FOR S�UBMI Tj ING AGEN��
genda Item Number:
/1°0
Joint Use Agreement between the C. of iew and the School District of Okaloosa
County.
REQUESTED ACTION:
Approval of a Joint Use Agreement that would allow the City of Crestview to access the property
known as Richbourg Field which is located on North Street in Crestview, Florida, for educational
and recreational programs.
SUMMARY EXPLANATION AND BACKGROUND:
This request is to continue an agreement previously made with the City of Crestview to use Richbourg Field for
recreational purposes.
EXHIBITS ATTACHED:
1. Instructional Program Impact Statement:
2. Staffing Impact Statement:
3. Financial Impact Statement:
4. Joint Use Agreement (Attached)
5.
6.
PREPARED BY:
Rodney L. Nobles, Deputy Superintendent of Operations
SUPERINTENDENT'S RECOMMENDATION:
BOARD ACTION:
SOURCE OF ADDITIONAL INFORMATION:
o Approved
o Disapproved
o Other (specify)
(For use of official Board Records' office only)
Name:
Phone:
School Board Chairperson