HomeMy WebLinkAboutSeminole County School Board Agreement 2001
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AGREEMENT BETWEEN
THE SCHOOL BOARD OF SEMINOLE COUNTY.
AND
CITY OF WINTER SPRINGS, FLORIDA
This interlocal agreement is entered into on April :).5", 2001, by and
between The School Board of Seminole County, Florida, 400 East Lake
Mary Boulevard, Sanford, Seminole County, Florida 32773, hereinafter
referred to as "School Board" and the City of Winter Springs, 1126 East
State Road 434, Winter Springs, Florida 32708, hereinafter referred to as
"City" pursuant to the authority of S 163.01, Fla. Stat. (2000), Florida.
lnterlocal Cooperation Act of 1969.
The School Board is the owner in fee simple of certain unimproved
real property located in Seminole County, Florida, as more specifically
described in Exhibit 1 attached hereto and made a part hereof by attachment
and reference. The site was purchased by the School Board for the future
construction, operation, and maintenance of an elementary school.
The City is a Florida municipal corporation which operates a city
recreation program and which desires to use the real property described in
Exhibit 1 for the construction, operation, and maintenance of recreation
playing fields as part of the city's recreation program.
In that the School Board does not have an immediate need to utilize
the site for the construction, operation, and maintenance of an elementary
school, the School Board is willing to permit the City to use a portion of the
site for the construction, operation, and maintenance of recreation playing
fields on a short term, temporary basis until such time as the School Board
shall require the use of the site for construction, operation, and maintenance
of an elementary school.
The City recognizes that its use of the site for recreation playing fields
is short term and temporary and that the City and any sub user will be
obligated to terminate use of the site upon demand by the School Board.
The School Board will authorize and permit the. City of utilize a
portion of the real property described in Exhibit 1 solely for the construction,
maintenance, and operation of recreation playing fields as a part of the
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City's municipal recreation program. The specific portion will be mutually
agreed upon and delineated by a fence to be erected by the City.
The approximate duration of the City's use shall be 24 months. The
actual term of use may be shorter or longer, depending upon the School
Board's need for the site for the construction, maintenance, and operation of
an elementary school or such other use as may be deemed necessary by the
School Board.
At such time as the School Board shall require the use of the site for
its own purposes, the School Board shall give the City a 30-day notice to
terminate its use of the site and vacate same. The notice will be applicable
to the City and any sub-user of the site. Time is specifically of the essence
with regard to this provision. The City and any user of the site under the
City will be strictly obligated to terminate their use and vacate the site upon
notice as provided for herein. The City will place this provision in all sub-
user contracts or agreements.
The City shall have sole control of the site for the duration of this
agreement, save and except that the School Board shall be entitled to
traverse the site as necessary to reach that portion of the site that remains
under the control of the School Board and, further, that the use of the site by
the City shall be subject to the right of entry and use by Florida Power &
Light Corporation. The City will be solely responsible for the construction,
operation, and maintenance of any playing fields on the site. The City shall
have sole responsibility for the upkeep, maintenance, security, and
supervision for the site or any activity of whatsoever nature thereupon
occurring during the duration of this agreement. The School Board shall
have no obligation for the upkeep, maintenance, security, or supervision for
the site or of any activity of whatsoever nature thereupon occurring during
the duration of this agreement.
The City shall require any sub user of the site to defend, indemnify
and hold the School Board hannless for any claim, suit, loss, damage, injury,
or expense of whatsoever nature arising out of its use of the site. Further,
any sub user shall provide a certificate of insurance evidencing general
liability coverage under an occurrence basis policy, with minimum limits of
$1,000,000.00 per occurrence and $2,000,000.00 aggregate, combined single
limit covering bodily injury, property damage, personal injury, premises,
operations, products, completed operations, independent contractors, and
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contractual liability. There shall be no exclusions for contracted liability.
Coverage must be written by a carrier that has and maintains a rating of "A"
or better and a financial size category of "VII" or better according to A.M.
Best Company. The School Board of Seminole County, Florida/School
District of Seminole County, Florida shall be named as an additional insured
for claims arising out of any use under this agreement.
The City shall pay to the School Board the annual sum of Three
Thousand Five Hundred and Noll 00 ($3,500.00) as compensation for the
use of the field by the Winter Springs Grizzlies football team, the Winter
Springs Soccer League and the Central Florida United Soccer League. In
the event that this agreement should terminate prior to the start of use by
either the Winter Springs Grizzlies football team, the Winter Springs Soccer
League, or the Central Florida United Soccer League, the School Board will
refund an appropriate pro rata portion of the use fee. This compensation
shall be paid upon the execution of this agreement and the first day of the
twelfth month thereafter for the duration of the use. In addition_the City
shall pay to the School Board 50% of all fees charged by the City to any
other sub user for the use of the site during the term of this agreement based
upon the City's user fee schedule, which is attached hereto and made a part
hereof by attachment and reference. Should the City permit any sub user
other than the Winter Springs Grizzlies football team, the Winter Springs
Soccer League and the Central Florida United Soccer League to utilize the
site without charge, the City shall pay to the School Board a sum equal to
50% of all fees charged by the sub use for any program participant. Said
sums shall be collected prior to the start of any such use and paid to the
School Board within 15 days of the end of the month in which same are paid
or collected.
The City shall inspect the site prior to occupancy by the City or any
sub user for the purpose of determining the existence of any conditions
deemed to constitute a hidden danger to persons coming on or about the site.
The City shall be solely responsible for correcting any such conditions,
excluding the presence of hazardous substances as defined by either federal
or state law and/or regulations, and for giving notice of any such conditions.
Further, that the City, for itself and any subusers, hereby waives any claim
that either or any of them may have as against the School Board arising out
of any unsafe or hazardous condition of the real property designated by the
City for its use under this agreement, hidden or known, as same shall exist
either at the commencement of or during the term of this agreement or until
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such time thereafter as the City and all subusers shall have vacated the
premIses.
The City shall erect a sign as follows for and during the term of this
agreement
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This temporary facility is provided for the use of
the City of Winter Springs, Florida, by The School
Board of Seminole County, Florida.
The City acknowledges, for itself and all subusers, that the site is a
future Seminole County Public School elementary school site, that the term
of this agreement as set forth in paragraph 6 hereof is subject to earlier
termination at the sole option of the School Board. At such time as the
School Board shall elect to terminate this agreement,' the City and all sub-
users shall forthwith be obligated to vacate the premises without further
action on the part of the School Board.
Nothing herein shall constitute a waiver of sovereign immunity by
either The School Board of Seminole County, Florida or the City Winter
Springs except as otherwise provided by 9 768.28, Fla. Stat.
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IN WITNESS WHEREOF, the parties hereto have executed this
Charter as of the day and year stated below.
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The School Board of Seminole
Florida
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By: /J(l.yy{/ 1-- /C.6t .!.f/' ;)t,
Sandra Robinson, Chairman
Dated: 'it 1 () I" I
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City of Winter Springs, Florida
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Dated: "f\:~\ \-. 07.:>" ~.....<-.J
Attest.'\ . , I
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By( _.l L (\,-- L.~p .-----
Andre~L:--Luqces, City Clerk
Dated: '-f1)t:..A k .J.e. ~o \
Attest
By: 'V--~ ~ kk"--J'/'
Paul J. H7erty, Supenntendent
Dated: Lj it) I () I
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STATE OF FLORIDA
COUNTY OF SEMINOLE
'C.-1l.
The foregoing instrument was acknowledged before me this ~day
of April, 2001, by Paul P. Partyka, as Mayor of the City of Winter Springs,
Florida and Andrea L. Luaces, City Clerk of the City of Winter Springs,
Florida, who are personally known to me.
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Notary Public " I ". _
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Approved by the City Commission of the City of Winter Springs,
Florida, meeting in regular session on ~f'rlA ~ q _, 2001.
( LL L~~/.. .
CItY Cle;;k;~ 1ty of Winter Springs,
Florida
to form and content:
City Attorney, City of inter Springs,
Florida u/ . /,
Dated: 't ;;'3/0/
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STATE OF FLORIDA
COUNTY OF SEMINOLE
The foregoing instrument was acknowledged before me this /0 day
of April, 2001, by Sandra Robinson, as Chairman and Paul J. Hagerty, as
Superintendent of The School Board of Seminole County, Florida, who are
personally known to me.
~"""(J~ KAREN PONDER
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Notary Public
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Approved by TFSChOOl Board of Seminole County, Florida, meeting
in regular ses~n, :;D~Ol.
Karen Ponder, Clerk of the School Board
Appr ed as to form and content:
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t'AKLI'.L 1:
The East 143.14 feet of Lot 33. ENTZMINGER FARMS ADDITION NO.2.
according to the platthereofas recorded in Plat Book 5, Page 9. of the Public Records
of Seminole County, Florida. Said 143.14 feet measured perpendicular to the East line
of said Lot 33.
Parcel Identification No.: 3235A W-0000-033A.
PARCEL 2:
Begin at the Northwest comer of Lot 13 ENTZMINGER FARMS ADDITION NO.2
recorded in Plat Book 5, Page 9, Public Records of Seminole County, Florida, said
comer lying on the East right-of-way line of Charles Street; thence South 06 degrees
.. 39 minutes 57 seconds East, 1.136.34 feet along the West lines of Lots 13, 14, and 15
of said ENTZt'vIINGER FARMS ADDITION NO.2, said West lines also being the
East right-of-way of Charles Street, to the Southwest comer of said Lot 15. said
Southwest corner lying on the Northerly right of way of the OLD SANFORD-
OVIEDO ROAD; thence continue South 06 degrees 39 minutes 57 seconds East,
63.57 feet on the Southerly extension of the East right of way of Charles Street to the
Southerly right of way of the OLD SANFORD-OVIEDO ROAD; thence North 77
degrees 22 minutes 57 seconds West, 52.97 feet along the Southerly right of way of
the SANFORD-OVIEDO ROAD to the Northwest comer of Lol 17 of said
ENTZMINGER FARMS ADDITION NO.2; thence South 06 degrees 39 minutes 57
seconds East, 264.15 feet along the West line of said Lot 17 10 the Northerly line of
the ATLANTIC COAST LINE RAILROAD; thence'South 82 degrees 49 minutes 22
seconds East. 912.31 feet along the Northerly line of the ATLANTIC COAST LfNE
RAILROAD to the centerline of GEE CREEK; thence along the centerline of GEE
CREEK through the following courses and distances: run North 32 degrees 01 minute
31 seconds East, 13.28 feel; thence North 74 degrees II minutes 19 seconds East.
28.14 feet; thence North 39 degrees 45 minuies 23 seconds East, 20.44 feet; thence
North I I degrees 37 minutes 29 seconds East, 18.66 feet; thence South 89 degrees 31
minutes 23 seconds West, 28.60 feet; thence North 54 degrees 00 minutes 28 seconds
West, 15.31 feet; thence North 31 degrees 28 minutes 35 seconds West. 27.03 feet;
thence North 19 degrees 22 minutes 44 seconds East, 34.54 feet; thence North 02
degrees 43 minutes 50 seconds West. 30.15 feet; thence North 05 degrees 39 minutes
02 seconds East, 22.52 feet; thence North 84 degrees 16 minutes 5 I seconds East,
25.00 feet; thence North 47 degrees 24 minutes 39 seconds East. 31.00 feet; thence
North 12 degrees 54 minutes 08 seconds East, 19.42 feet; thence North 73 degrees 15
minutes 18 seconds East, 54.94 feet; thence North 37 degrees 50 minutes 09 seconds
East. 18.97 feet; thence North 02 degrees 53 minutes 08 seconds East. 20.16 feet;
thence S~uth 88 degrees 55 minutes 50 seconds West, 32.80 feet; thence North 44
degrees 45 minutes 17 seconds West, 26.31 feet; thence North 04 degrees 54 minutes
09 seconds West, 24.86 feet; thence North 88 degrees 37 minutes 33 seconds East.
58.87 feet; thence North 53 degrees 37 minutes 13 seconds East, 16.80 feet; thence
North 03 degrees 56 minutes 46 seconds West. 27.86 feet; thence North 17 degrees
05 minutes 29 seconds East, 35.14 feet; thence North 05 degrees 02 minutes 54
seconds West, 25.44 feet; thence North 43 degrees 04 minutes 00 seconds West.
30.26 feet; thence North 68 degrees 28 minutes 53 seconds West, 21.63 feet; thence
North 22 degrees 04 minutes 34 seconds West. 55.04 feet; thence South 84 degrees
45 minutes 48 seconds West. 56.11 feet; thence North 24 degrees 51 minutes 27
seconds West. 75.23 feet; thence North 0\ degree 5\ minutes 37 seconds East. 20.88
feet; thence North 13 degrees 07 minutes 08 seconds East. 29.32 feet; thence South
66 degrees 10 minutes 29 seconds East, 38.39 feet; thence North 48 degrees 31
minutes 49 seconds East, 108.22 feet; thence North 37 degrees 26 minutes 53 seconds
West. 89.45 feet; thence North 00 degrees 47 minutes 32 seconds West. 68.69 feet;
thence North 52 degrees 19 minutes 41 seconds West, 100.25 feet; thence North 35
degrees 37 minutes 03 seconds West. 52.84 feet; thence leaving the centerline of said
GEE CREEK. run along a line East of, parallel with and measured 899.90 feet
perpendicular to the Easterly right of way of Charles Street. North 06 degrees 39
minutes 57 seconds West, 725.00 feet. to a point 30.00 feet South and measured at
right angles to the North line of Lot 18 of said ENTZMINGER FARMS ADDITION
NO.2. thence run South 84 degrees II minutes 15 seconds West. 216.50 feet along a
line parallel with and 30.00 feet South of the North lines of said Lots 13 and 18 to the
centerline of GEE CREEK; thence North 37 degrees 02 minutes 00 seconds West.
35.08 feet along the centerline of GEE CREEK to the North line of said Lot 13;
thence leaving the centerline of GEE CREEK run South 84 degrees I I minutes 15
seconds West. 665.76 feet along the North line of said Lot 13 to the Point of
Beginning.
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Parcel Identification No.: 34-20-30-5A W-OOOO-O 130.
Exhibit "1"
RESOLUTION NUMBER 2000-20
A RESOLUTION OF THE CITY OF WINTER SPRlNGS, FLORlDA, EST ABLISHfNG
THE FEES TO BE PAID BY INDIVIDUALS OR GROUPS OF YOUTH AND ADUl. T
ACTIVITIES FOR THE EXCLUSIVE USE OF FIELDS LOCATED AT CENTRAL
WINDS PARK. TROTWOOD PARK. SUNSHINE PARK. AND GRJZZL Y FIELD
(PERC POND) PROVIDING FOR CONFLICT AND EFFECTIVE DATES.
\VHEREAS, the City Commission of the City of Winter Springs, Florida.,
li~ !0Ui:J il t:c:C~:)iJ.::" ~() periodically review its fee schedules pertaining to activities and facilities within
the City; and.
WHEREAS, the City Commission of the City of Winter Springs, Florida has adopted Ordinance
Nwnber 635-A and Resolution Number 701 establishing fees and charges; and,
WHEREAS, the City Corrunission of the City of \Vinter Springs, Florida.., has c~t~rmined that is
needs to implement a new fee schedule.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF WlNTERSPRINGS, FLORIDA THA.T:
SECfION I: The following fee schedule pertaining to activities and facilities is
Adcpted as the official fee schedule for individuals, groups, youth and adults at Central Winds Park,
Trotwood Park and Sunshine Park and Grizzly Field (perc pond): -
~~-~~[:: fIE~
~ ---~
Baseball/Softball per hour S 10.0
occer!Foo( per our S 10.00
.----.
G...:....\lE f[EI..D RENTA.LS:
Baseball/Softball without lights per hour
Baseball/Softball with lights per hour
Soccer without lights per hour
Soccer with lights per hour
S l3 .00
$20.00
515.00
$22.00
All rentals are based on a 2 hour minimwn.
The game field and practice field rental fees do not apply to those organizations that have entered into
Recreational Program Agreements with the City. Those Agreements provide for financial compensation
to the City.
P ARKS fu~D RECREA nON DEP ARTrvfENT CONDUCTED ADUL T SOFTBALL, FLAG
FOOTBALL AND BASKETBALL:
Each Team
Non-resident
Per Game
Per Player
532.00
S 5.00
City of Winter Springs
:Zcsolution No. 2000-lQ
Page 10(2
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101" . d I h .. th h d . R ., ?
I fie team te~s per game 0 not app y to t use urguIll2allOrlS at ..:lve entere mto ecreatwlL:'U Ivoram
I Agreements with the City. Those Agreements provide for financial compensation to the City.
I
i SECTION II: All baseb~1!Isoftball fields and soccer fields at Central Winds Park shall be used
I only for team games and not for practices. The amphitheater area of Central Winds Park shall not be used
I for haseh:,.]1/,,,frh~ll <"('rcer. f()Mhall. or 3.ny other organized team games or practices. .
I
I SECTION III: The following fee schedule for "unscheduled permitted use and non-use" of
I athletic baseball, softball, soccer, youth user organizations ~d groups was previously adopted by
! Ordinance No. 63 5-A and are hereby restated for convenience:
Baseball/Softball
Baseball/Softball
SoccerfF ootball
Soccer/Football
prior to 5 :OOpm
after 5 :OOpm
prior to 5 :OOpm
after 5 :OOpm
$34.00
$48.00
$38.00
S5~.ClO
2 Hour Use
2 Hour Use
2 Hour Use
2 Hour Use
If and'when a City employee must extend their work schedule to accorrunodate an unscheduled use of
facility. A staff labor service charge is adopted at being 58.00 per hour for i'm-time employees and
S 12.00 per hour for full-time employees for every hour or fraction thereof.
SECTION IV: This Resolution shall remain in force and effect until supplemented., amended,
repealed or otherwise altered.
SECTION V: All Resolutions or parts of Resolutions if: conrlict with this Resolution are hereby
rep~a1ed. Nothing contained herein is intended to amend, modify, or repeal any provision contained in
Ordinance No. 635-A.
SECTION V1: This Resolution shall take immediate effect upon adoption.
Passed and adopted this lOch day of
July
,2000.
FLORIDA
A TIEST:
.A..ndrea Lorenzo- ces
City Clerk
City of Winter Springs
Resolution No. 2000-20
Page 2 of2
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