HomeMy WebLinkAboutIRC School District Ballfield UseINTERLOCAL AGREEMENT FOR JOINT USE OF BALLFIELDS
,,,-~ January, 2003,
THIS INTERLOCAL AGREEMENT entered into this ['5 "~day of~,
between the CITY OF SEBASTIAN, a Florida municipal corporation (hereinafter called
"CITY"), and the SCHOOL DISTRICT OF INDIAN RIVER COUNTY, FLORIDA, a
part of the State of Florida System of Public Education, by and through its School Board
(hereinafter called "school board"), provides that
WHEREAS, the Florida Interlocal Cooperation Act of 1969 grants the parties the
authority to enter into interlocal agreements; and
WHEREAS, it is public policy in the State of Florida that school boards and other
local govemments are encouraged to enter into agreements for the joint use of facilities,
especially recreational facilities; and
WHEREAS, the public is well served through such joint use agreements through
maximum use of facilities purchased with tax dollars; and
WHEREAS, the SCHOOL BOARD has land set aside for use as "sand~lot"
ballfields for the recreational needs of its students, and the CiTY has a funding source
available for improvements of these fields to recreational league standards; and
WHEREAS, it will be of mutual benefit to the SCHOOL BOARD and the CITY
to improve these fields in a cooperative effort to better serve their respective
constituencies;
THEREFORE, IN AND FOR CONSIDERATION of the mutual benefits and
promises provided herein, the sufficiency of which is hereby acknowledged by the
parties, it is agreed;
1. CITY shall design, in coordination with the designee of the
Superintendent, improvements for one baseball/softball fields at each campus for both
Sebastian Elementary and Pelican Island Elementary in the general locations shown in
the attached Composite Exhibit "A". Said improvements are anticipated to include
backstops and fencing, bases and improved infield surfaces, bleachers, scoreboard, and
where appropriate, lighting.
2. Upon approval of the plans for said improvements by SCHOOL BOARD,
CITY shall construct the same at its expense. All construction activities shall occur
during the summer breaks in the school calendar and shall be coordinated with the
designee of the Superintendent.
3. SCHOOL BOARD hereby grants a license to CITY to use the ballfields
shown on Composite Exhibit "A: for a period of eleven (11) years conunencing October
1, 2002. Thereafter, the license shall renew every two years by mutual agreement
effective each October 1st unless SCHOOL BOARD gives written notice by the prior
August 1st of its intention to not renew the same. CITY use under this license is limited
to hours when school is not in session at said facilities. It is further agreed that during
school hours SCHOOL BOARD shall have full use of all equipment and improvements
placed at said fields by CITY.
4. SCHOOL BOARD shall mow the fields as part of its regular lawn
maintenance of the school sites. Otherwise, CITY shall be responsible for the
maintenance and upkeep of all equipment and facility upgrades placed upon the fields
pursuant to the terms hereunder, including but not limited to maintenance of the infield
surfaces, seeding of the grassed areas, fence repairs, etc.
5. CITY shall pay, within the time allowed for payment without penalty, all
charged for water and electricity and all other public utilities consumed on the premises
during the term of this license.
6. Both SCHOOL BOARD and CITY shall designate in writing a liaison to
coordinate activities and address any issues that arise as to use of the site.
7. Upon final expiration of the license granted hereund~, CITY shall have
the right to remove any equipment or fixtures placed upon the premises pursuant to the
terms of this Agreement and shall be responsible for restoring the site to as good
condition as it was prior to entry thereupon, suitable for its intended us as a school
grounds.
8. CITY shall extend liability coverage to include the facilities improved
pursuant to the terms of this agreement, and shall name the SCHOOL BOARD as an
additional insured for these purposes and shall provide proof of insurance annually.
9. Each party shall be responsible for its own negligence, if any. Neither
party waives its sovereign immunity. Neither party agrees to indemnify or insure the
other party for the other party's negligence or to assume any liability for the other party's
negligence.
10. It is anticipated that CITY may enter into agreements with youth sports
leagues for use of the facilities subject to this license for their intended purposes as
ballfields. Otherwise, CITY shall not assign, sublease or transfer any part of this license
for use without the written consent of SCHOOL BOARD, which may be withheld for any
reason.
AGREED to on the date first sent forth above.
CITY OF SEBASTIAN,
~~oration
Terrace R. Moore, City Manager
Approved as to Form and Content for
R~the City of Sebastian Only:
Rich Stringer, City Attdm~y
Attest:
Sally A. I~fio, CMC
City Clerk
(Seal)
SCHOOL DISTRICT OF INDIAN
RIVER COUNTY, FLORIDA
By its SCHOOL BOARD
Chairman
Attest:
Interlocal Agreement for Joint Use of Ball Fields with the City of
Sebastian
Addendum to Article 2:
All materials and equipment must meet the standards of thc School District of Indian
River County and must bc pre-approved by the School District's Executive Director of
Facilities (772-564-5011) prior to construction.
CITY OF SEBASTIAN,
A Florida Municipal Corporation
'l~i:~Mo6re, Qity Manager
Approved as to Form and Content for
Reliance by the City of Sebastian Only:
Rich Stnnger, C~ty Att(~ey
Attest:
A. :CMC
City Clerk
(Seal)
SCHOOL DISTRICT OF INDIAN
R1VER COUNTY, FLORIDA
By its SCHOOL BOARD
Chairman
Attest:
S~e~'~t2~dent ~ TS2~ols (~