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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, 1 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 2 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, 3 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 4 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 5 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 6 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 7 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. 8 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 9 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 10 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 11 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 12 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 13 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 14 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