Okaloosa County BOCC — September 2, 2014 — Original Joint Use Agreement with School Board — reading text

CONTRACT # C12-4963-pw OKALOOSA COUNTY SCHOOL DISTRICT BAKER PARK (CHARLIE D EXPIRES: 06/05/2017 AY RD) JOINT USE STATE OF FLORIDA COUNTY OF OKALOOSA. JOINT USE AGREEMENT 5th June THIS JOINT USE AGREEMENT made and entered-into this26¢h day of _Mareh , 2012 to be effective on _ June 5, 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 OKALOOSA COUNTY BOARD OF COUNTY COMMISSIONERS, a governmental entity existing under the laws of the State of Florida, whose principal address is 302 N. Wilson Street, Suite 302, Crestview, Florida 32536 : hereinafter referred to as "County”). WITNESSETH: WHEREAS, the County owns certain real property and the improvements thereon located at the corner of Hwy. 4 and Charlie Day Road in Baker, Florida which is known as Baker Park which includes a Baseball Field and parking lot (hereinafter the baseball field and parking lot are referred to as the “Property and/or the “Joint Use Facility”); and, WHEREAS, the Schoot Board desires to work cooperatively with the County 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 County and the School Board in their recreation and educational programs; and, WHERDTAS, the County and the School Board believe it to be in their best interest to enter into this Agreement for the joint use of the facilities. Page 1 of 7 NOW THEREFORE, for and in consideration of the covenants and agreements herein set forth, the parties do hereby agree as follows: L JOINT USE FACILITY. The County hereby expressly agrees to establish and extend joint use rights to the School Board, together with County, for the Property and 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 five (5) years with an effective commence date ofaduse 5 “912, with the option to renew this Agreement for three (3) additional five (5) year terms. This Agreement shall automatically ; renew unless either party gives notice to the other at least ninety (90) days prior to the end of any five (5) year term of their intent not to renew. 3. FUTURE EXPENSES. In consideration for the County allowing the School Board to be a user of the Joint Use Facility, the School Board 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. 4, SCOPE OF USE OF FACILITIES. A. The Joint Use Facility shail be used by Baker School for its school athletic programs and other school sponsored and approved events. B. The Joint Use Facility shall be used by the County for community educational/recreational programs, for the promotion and support of community recreational and Page 2 of 7 civic programs and other incidental purposes as are reasonably related thereto. Cc. The School Board 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 County. 5, FACILITY SCHEDULING. The Principal of Baker School, or his designee, shall be responsible for scheduling the use of the facilities. Priority for use of the facilities shall be given to the Baker School baseball program. Should 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 Baker’‘School shall be final. 6. IMPROVEMENTS. A, The Schoo! Board 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 mnodifications conform to County construction standards and are first approved by the County’s Parks Project Manager or his designee. B. All improvements and additions to the Property will become the property of the County 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 School Board shall exercise its privileges hereunder at its own risk and expense. The School Board and the County shall each carry and maintain in full force and effect Page 3 of F 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 School Board nor the County 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. 8. LIENS. The School Board 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 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 Schoo! Board breach any of the terms of this Agreement, then the County 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 FERS 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 Page 4 of 7 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. li 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 the masculine gender shall include the feminine and neuter genders where the context requires. on 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 School Board 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 School Board shall provide security services for the Joint Use Facility and maintain order and control during all activities and events conducted by or through the School Board at the Joint Use Facility. The School Board shall be authorized to enforce its policies and all laws applicable to public school events and activities during all school sponsored Page 5 of 7 functions 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: County: James Puckett Okaloosa County Parks Operations Manager 302 N. Wilson Street, Suite 302 Crestview, Florida 32536 School Board: Superintendent Okaloosa County School District Bay Area Administrative Office 120 Lowery Place, SE Fort Walton Beach, FL 32548 Any party may change the address fo 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 County and the School Board 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. Page 6 of 7 1S. 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, of 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 patties hereto have caused the signatures of their officers fo be set hereunder and their seals to be affixed hereto on the dates indicated below to be effective as of the date first above written, ATTEST: . THE SCHOOL BOARD OF OKALOOSA COUNTY, FLORIDA By: LEahi-> 4. Leet 5 9 . Rodney L. Walker, Chairman Superintendent/Secretary Date: March 26, 2012 ATTEST: OKALOOSA COUNTY BOARD OF : COUNTY COMMISSIONERS q oy_Lam p_ stably Gary J. $fartford, Dehifte¢ Date. ¢ }2h 2. Page 7 of 7