415-School Facility Use SCHOOL FACILITY USE AGREEMENT
THIS SCHOOL FACILITY USE AGREEMENT, made and entered into this
llth day of July . 1991, ~y and between the SCHOOL BOARD
OF SEMINOLE COUNTY, FLORIDA, a body corporate existing under the
Constitution and laws of the State of Florida, with its principal
offices at 1211 South Mellonville Avenue, Sanford, Seminole County,
Florida, hereinafter called "The School Board", and the CITY OF
SANFORD, FLORIDA, a municipal corporation, existing under the laws
of the State of Florida, with its principal offices at 300 North
Park Avenue, Sanford, Seminole County, Florida, hereinafter known
as "The City".
WITNESSETa:
That in consideration of the mutual promises herein contained,
The School Board and The City hereby covenant and agree to and with
each other as follows:
1. The School Board hereby grants to the City a license to
occupy and use, subject to all the terms and conditions herein
contained, the following described real property (hereinafter
referred to as the "Premises"):
See Attachment A (pool area, parking and
access road).
2. A. Subject to the restrictions and reservations
hereinafter set forth, the Premises may be occupied and used by The
City for community recreation and for the promotion and support of
community recreational programs and other incidental purposes as
are reasonably related thereto du~ing the term of this Agreement,
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this termshall begin on the date specified in Paragraph 19, below,
and shall continue for forty (40) years thereafter or until such
earlier time as this Agreement is terminated in the manner
specified in Paragraphs 15, or 19, below, or extended as provided
in Paragraph 18, below.
B. On or before the first day of December of each
calendar year during the term of this Agreement, The City shall
furnish The School Board with a written report on community use of
the improvements located on the Premises. Such report shall ...........
identify revenues received by The City from such use.
3. The City shall pay The School Board this license at the
rate of One Dollar ($1.00) per year, payable yearly in advance.
4. No use of the Premises shall or will be made by The City
during regular school hours of Seminole High School, except as
otherwise provided in this Agreement, without the consent of the
SchooI Board; however, routine maintenance may be performed on the
Premises during the regular school hours if the Premises are not
being then utilized for school activities.
5. The City shall not perform or permit any of its guests,
invitees, or sub-licensee to perform any disorderly conduct or
commit or maintain any nuisance on the Premises or to use the
Premises in any way so as to interfere with the exercise by The
School Board or other licensees of privileges which The School
Board may give them in the Premises. Neither The City nor its sub-
licensees may operate any gambling or raffling contests on the
premises or allow alcoholic beverages to be sold or consumed on the
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Premises.
6. 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 effort throughout the term of
the Agreement either liability insurance or a self-insurance
liability program to the limit of liability set forth in Florida
Statute 768.28.
7. The following improvements shall be constructed or erected
on the Premises by The School Board: .............
a. An enclosed standard 25 meter swimming pool built
according to standards of the Amateur Athletics Union
(AAU) for competitive events with inside dimensions of at
least 45' wide by at least 75' long, containing adequate
space for 6 competitive ~wimming lanes in accordance
with standards employed by the Florida State High School
Activities Association for major high school swimming
meets, and including a suitable diving tank with 1 meter
and 3 meter competition diving boards, which swimming
facility shall be designed by appropriate licensed
professionals employed by The School Board in such manner
as to have a life expectancy of at least forty (40)
years. This facility shall include usual restrooms,
shower and locker facilities, administrative office,
storage, maintenance spaces, two (2) concession areas,
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and two (2) instructional rooms for functions such as
class room water safety instruction.
b. It is understood that existing parking associated
with Seminole High School will be utilized as parking for
this facility. A 216 space parking lot located west of
the administrative wing of Seminole High School will be
utilized for this purpose. The existing High School
access road from Ridgewood Avenue to serve this project
is not expected to require upgrading as the result of ...............
this project.
It is understood that in the execution of these construction
responsibilities, The School Board of Seminole County will utilize
qualified professional consultants to prepare construction
documents and administer the construction contract(s) and that one
or more contracts will be awarded for actual construction.
Reasonable costs of these consultants, will be included in the
overall cost of the facility, to be prorated as specified elsewhere
in this Agreement.
During preparation of construction documents, ample
opportunity will be provided for review by The City, and final
approval of construction documents by The City will be obtained
prior to contracting for construction. The City's approval shall
not be unreasonably withheld.
The cost of the improvements specified above shall be
initially paid by The School Board, however, The City shall
promptly upon request, normally within fifteen (15) days, reimburse
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The School Board for one half of such costs actually paid by The
School Board. Funds to be utilized byThe School Board for payment
shall include available Public Education Capital Outlay Trust Fund
(PECO) grant funds, as well as other School Board funds as neces-
sary tO effect an overall even split of total facility design and
construction costs, whereby The City shall pay 50% of such costs,
and The School Board, including use of PECO Grant shall pay 50%.
The City shall also have the right, at its cost, to erect or
permit to be erected on said Premises such improvements or
modifications as are reasonably necessary for furthering the
permitted uses of said Premises, providing that such improvements
or modifications conform to School Board construction standards and
are first approved by The School Board and further provided that
such improvements or modifications neither interfere with the
current or proposed educational uses of the Premises byThe School
Board nor violate properly adopted School Board policies. All
construction on the Premises shall conform with the State Uniform
Building Code for Educational Facilities Construction, as required
by Section 235.26, Florida Statutes, and the procedures for the
design and construction of said improvements set forth in Section
235.26, Florida Statutes.
The School Board retains the right to erect or permit to be
erected on said Premises any improvements or modifications for
furthering the intended use of said Premises as established in this
Agreement. The School Board will refrain from any construction or
modification of facilities on the Premises which would
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substantially reduce the utility of the facilities for their use as
addressed in this Agreement.
Unless otherwise mutually. agreed in advance in writing, any
improvements made pursuant to either of the two immediately
preceding paragraphs shall be the sole maintenance responsibility
of the party making the improvement.
The arrangement and siting of the improvements specified in
the above subparagraphs and the parking facility shall be generally
as designated in the site plan, a copy of which is attached hereto, .............
as Attachment B.
The design and construction of the improvements specified in
the subparagraphs above shall be completed within four hundred
(400) days from the date the School Board notifies The City that
the School Board has received the commitment to which reference is
made in Paragraph 19, below, or that the alternative funding has
been approved.
8. The City, for itself and its sublicensees, agrees to
repair and maintain the Premises throughout the term of this
Agreement. The School Board shall perform grounds keeping,
maintain grass, shrubbery and fencing in accordance with their
normal grounds/facility maintenance schedule at Seminole High
School.
The City, by way of its sublicensees, shall provide pool
service, routine cleaning and maintenance of areas directly related
to swimming, health and safety.
The City shall safely store and maintain all chemicals and
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cleaning or maintenance equipment used in the performance of its
responsibilities herewith and shall keep and maintain in good
working order all pumps, filters, pool water heaters, and other
mechanical systems used in connection with the operation of the
swimming pool to be constructed on the Premises and any other
improvements located on the Premises. The City shall daily test
and use appropriate chemicals for the control of bacteria and algae
in the swimming pool and other improvements. The City shall repair
cracks in the surfaces and fixtures in and around the swimming pool ..............
and deck on a 50/50 cost shared basis with The School Board.
The City shall keep and maintain all lights and lighting and
electrical lines and equipment in safe operating condition.
If a diving board(s) is constructed on the Premises, The City
shall make frequent checks to assure the safety of the diving board
and to prevent failure due to cracking or loosing of fastening
devices.
9. The City shall have the reasonable right of ingress to and
egress from the Premises for the purpose of maintaining, repairing
or using the Premises or any improvements thereon, in a manner
consistent with the terms of this Agreement.
10. It is the intention of the parties to this Agreement to
jointly fund the operation and maintenance costs of the facility-to
be constructed on the Premises, as outlined in Paragraph 8,
preferably utilizing a third party contractor to provide for
administration, operation, and routine maintenance of the facility.
Selection of this contractor shall be by The City, subject to
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approval by The School Board, which approval shall not be
unreasonably withheld. The responsibilities of this contractor
would include the routine cleaning and maintenance of the Premises
and all improvements located thereon, including maintenance of the
pool and associated facilities in a safe and clean condition. This
contractor shall be responsible for the procurement, safe storage,
and maintenance of all chemicals associated with the pool, and for
maintenance of equipment used in the performance of his
responsibilities herewith and to perform appropriate daily routine .................
maintenance and preventive maintenance of all pumps, filters, pool
water heaters, and other mechanical systems used in connection with
the operation of the swimming pool to be constructed on the
premises. The contractor shall make daily tests and use
appropriate chemicals for the control of bacteria and algae in the
swimming pool and other improvements. The pool operations contract
shall fully delineate responsibilities of the pool contractor.
Major repairs, not within the responsibility of the pool
maintenance contractor shall be accomplished by The City, with a
50/50 cost split with The School Board.
11o Neither The City nor any of its sublicensees shall make
any contract or agreement for the construction, alteration, repair
or maintenance on said Premises or of any improvements 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
Premises or any improvements now or hereafter erected thereon.
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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 pool facility, at any time shall be or may
become entitled to any lien thereon whatsoever. The City, for
itself and its sublicensees, agrees that anyone entitled to the
use of said Premises under this Agreement who contracts for the
building, improvement, alteration, repair or maintenance of the
Premises or any improvements now or hereafter erected thereon shall ............
give actual notice of this restriction, in advance, to any and all
contractors, subcontractors, or other persons or firms that may
furnish any such material, service or labor.
12. The City shall initiate, contract for, and obtain in its
name all utility service required.for use of the Premises, and
shall pay all charges for these services as they become due. The
School Board shall reimburse The City in a timely fashion for 50%
of the charges so paid.
13. The scheduling of events on the Premises shall be done by
The City based upon the following priorities:
a. The School Board shall have use of the Premises as
specified in Attachment C. It shall also have priority
after normal school hours for extracurricular activities
and for games, meets, or practice sessions involving
Seminole High School athletic teams, provided that a firm
written schedule for these activities is provided to The
City no less than thirty (30) days prior to the day of
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the extracurricular event, and that The School Board
provides supervision of the swimming pool during such
occasions. Normally~ notification of such
extracurricular events shall be provided by means of a
quarterly or "school year" calendar.
b. City sponsored or authorized recreational events.
Consideration will be given to scheduling Golden Age Game
water sports activities (November of each year) during
daylight hours. (Approximately 20 hours) ..............
The overall concept of the shared use of the pool facility will be
as outlined in Attachment C.
14. The City privileges hereunder are not assignable in whole
or in part except as herein provided. However, The City may
license or permit other groups or individuals to come onto and use
the Premises in accordance with the terms hereof, and may charge
such reasonable fees which are necessary to reimburse The City for
its expenses actually incurredby virtue of such use. No license
or permit granted by The City shall reduce the duties and
obligations with The City to The School Board as set forth herein.
15. The School Board shall not be liable to The City if, for
any reason whatsoever, The City's occupation or use of the Premises
hereunder shall be obstructed, hindered, or disturbed, unless by
the intentional act of The School Board, without cause. Similarly,
The City shall not be liable to The School Board, if for any reason
whatsoever, The School Board's occupation or use of the Premises
hereunder shall be obstructed, hindered, or disturbed, unless by
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the intentional act of The City, without cause.
16. This Agreement may be terminated by either party at any
time upon one hundred eighty (180) ~ays prior written notice to the
other party; provided, however, in the event The School Board
terminates this Agreement, except for a breach by The City, The
School Board shall, within ninety (90) days after termination and
demand by The city, pay The city the lesser of: (i) a sum
equivalent to the amount by which the value of the Premises has
been increased as a consequence of the improvements specified in
Paragraph 7, above, multiplied by the percentage of the cost of
such improvements paid by The City but not reimbursed byThe School
Board; or (ii) a sum equivalent to the amortized cost of said
improvements, assuming a useful life as determined under provisions
of Paragraph 18, below, with no residual value, multiplied by the
percentage of the cost of such improvements paid by The City but
not reimbursed by The School Board. Should The School Board
terminate the agreement, except for breach by The City prior to
completion of improvements, The School Board shall pay The City all
costs paid or obligated for consultant and/or construction
contracts.
17. All additions, changes and other improvements erected or
placed on the Premises shall remain thereon and shall not be
removed therefrom. At the expiration or termination of this
Agreement, all such improvements shall be the property of The
School Board.
18. The School Board reserves for itself and its assigns the
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exclusive right and privilege of selling food and concessions on
the Premises during school hours and at such times as the
facilities are used for school-~elated events and The City
authorizes such activity. The School Board authorizes The City to
sell food and concessions on the Premises after school hours if the
facilities on the Premises are not being used for school-related
events. Unless otherwise mutually agreed, separate but similar
concession facilities shall be provided for use by City and School
Board within the pool facility ...............
19. Within ninety (90) days of the completion of the swimming
pool to be located on the Premises, The School Board shall engage
the .services of a state-licensed architect, engineer or other
appropriate licensed professional to determine the "life
expectancy" (as such term is used in Section 235.196(1)(h), Florida
Statutes (1985) Of the swimming pool. If said licensed
professional certifies to The School Board and The City, in
writing, that the life expectancy exceeds forty (40) years, then
and in such event the term of this Agreement shall be extended to
a term which shall expire on the last day of the final calendar
year of the life expectancy of the swimming pool, as determined by
the aforesaid licensed professional.
20. This Agreement and the rights and obligations of the
parties hereunder are subject to and conditioned upon The School
Board obtaining, on or before the ls~tday of May , 1992, a
firm commitment from the Capital Outlay and Debt Service Trust Fund
of the State of Florida to furnish at least Five Hundred Sixty
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Thousand Four Hundred Fifty Five Dollars and Fifty cents
($560,455.50) ("the funds") for the partial funding of construction
of the improvement specified iN Paragraph 7(a), above. Should The
School Board fail to obtain same within such time, either party may
cancel this Agreement without obligation or liability to the other
party. At its sole option, The School Board may identify
alternative funding sources, waive the provision of this section,
and advise The City to proceed with design and construction even if
the grant commitment has not been received
This Agreement shall also be subject to and conditioned upon
the City of Sanford receiving voter approval by referendum for a
Recreation Facilities General Obligation Bond Issue for the funding
of a number of planned recreation facilities, on or before ls~t
day of December , 1991. This Bond Issue will be for
approximately $2.5 million to provide funding for new recreation
facilities including the City's share of the subject swimming pool,
construction of a multi-field lighted outdoor athletic facility,
and construction of an indoor multi-purpose recreation facility.
Should the City fail to obtain voter approval of the referendum by
the aforementioned date, The City Commission may waive this
condition and request that The School Board proceed with design and
construction, as otherwise provided for in this Agreement. Should
neither of these conditions occur, The City may cancel this
Agreement, even if the PICO Grant commitment has been received.
Preparation of construction documents shall not commenceuntil
notification by The School Board of receipt of the firm commitment
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from Capital Outlay and Debt Service Trust Fund of the State of
Florida, or decision by The School Board to fully fund the School
Board's share of construction costs exclusive, if necessary, of any
funding from the Capital Outlay and Debt Service Trust Fund of the
State of Florida; and notification by The City of the approval of
the Bond Referendum or decision by The City to provide other
funding.
21. Except as otherwise expressly provided herein, The City
shall be responsible for performing all operation, maintenance, ............
control and security of the swimming pool and other improvements
located on the Premises, or for obtaining the service of a
qualified pool maintenance and operation contractor(s). The
selection of such contractor shall be subject to the approval of
The School Board, however, such approval shall not be unreasonably
withheld. The complete cost of the above mentioned services shall
be shared evenly by The City and The School Board. Budgets for
these services shall be prepared, annually, in advance, and shall
be subject to review and approval by both parties to this
Agreement. The School Board shall promptly reimburse The City for
its share of actual costs for operation, maintenance, control and
security of the swimming pool and other improvements located on the
Premises.
22. The City acknowledges that in the consideration of the
use of the Premises for a pool facility, and use of the existing
access road and parking lot, under the City's Land Development
Regulations and in applying the balancing of public interests
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standard thereto, The City will review the proposed use of the
Premises without regard to the other existing uses of the remainder
of the Seminole High School campus, provided no permanent, paved
parking spaces as may be required for the other existing uses are
removed as a consequence of the proposed improvements to the
Premises.
IN WITNESS WHEREOF the parties have set their hands and seals
the day and date first above written in Sanford, Seminole County,
Florida.
ATTEST
TH CHOOL BOARD OF
i
- V ce ch rman Super ntend
ATTACHMENT B
"~- "' ' ~r
SITE pLAN
ATTACHMENT C
B. FOOL USE SCHEDU~Z
August--May
HOURS DAY ACTIVI~
6:00 ~ - 7:30 ~ Monday-Friday Open
7:30 ~ - 4:00 ~ ~ndey-Friday School lns=.
4:00 PM - 5:00 YM Moday-{r~day Swim Te~s
6:00 ~- 10:00 ~ S,~urd,y-Suuday Co~nity Use
June-July
6:00 ~ - 8:00 ~ Monday-~ridsy Open
a:O0 ~ - 12:00 ?M Monday-Friday School !ns:.
12:C9 PM - lO:OO ~ Monday-~riday Co~ni~7 Use
6:00 ~ - lO:O0 ~ Sa~urdsy-Sunda7 Co~unity Use
POOL USE BY SCHOOLS FOR INSTRUCTION
SCHOOL GRADES DAI
High School Mun-Fri 1-7 Swim InsCruc~ion/Z~
(9-12) (180 days) 7:30-4:00 per class
Elementar7 M~n-Fri Ra~ular/no~ iail7
(r-~) (I80 days inst. in
school
Swim Te*-~/AAU Mon-Frl &:O0 1"a-5:00
etc.. 75+ students