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HomeMy WebLinkAboutIII (G) Approval and Authorization for Mayor and City Clerk to Execute Facilities Use Agreement with West Oaks Academy • • Agenda 3-18-2003 e Center of Good Li Item III G Mayor .Sb m .„a pJt>.� Commissioners S. Scott Vandergrifr I y Danny Howell, District I Scott Anderson, District 2 City Manager j 0 • Rusty Johnson, District 3 ,Jim Gleason y .war. 1 �� Nancy J. Parker, Dish ct 4 STAFF REPORT TO: The Honorable Mayor and City Commissioners FROM: Johnny Farmer, Parks & Recreation Director DATE: March 11,2003 RE: Recreation Facilities Use Agreement With West Oaks Academy. ISSUE Entering into a Recreation Facilities Use Agreement with West Oaks Academy. BACKGROUND/DISCUSSION As indicated in the attached letter from Pastor Thomas W. Pallier, West Oaks Academy has a beautiful 25 acre complex, with regulation size baseball and girls softball field. They have backstops in place, some fencing, and dugouts are to be completed in the near future. The site also offers a large area for parking. They indicate that they have land and a great location, but neither the equipment or the expertise to maintain these two fields. They arc asking for an agreement with the City, in which the City would maintain the athletic fields, and in return, these fields could be used by the youth sports leagues in the City. The City could use the fields on Saturdays, and during the week after the West Oaks Academy was finished with practice and during away games. .the City could also use the athletic fields after their season is over, and during Spring and Easter break. As discussed in the letter, West Oaks Academy is also working on getting lights put on the baseball field, and this would provide even more time for use by the City's youth teams. As directed by the City Commission at it's March 4, 2003 City Commission Meeting, attached, please find a Recreation Facilities Use Agreement between the City of Ocoee and West Oaks Academy, which is very similar to the one used with the Orange County Public Schools for the Recreation Facilities at Thronebrooke Elementary School. City of Ocoee • ISO N Lakeshore Drive • Ocoee, Florida 34761 plume: (407)905-3100• fax: (407)656-8504 •www.ci.oeoee.tl.us RECOMMENDATION Staff recommends entering into the Recreation Facilities Use Agreement with West Oaks Academy. Phon 07 )292 - W k 8624a A! D . Mims Fax f 4 0 ] 12 9 2 - ACADEMY a Orlando , FL 3 WEST OAKS ACADEMY 8624 AD. MIMS RD. ORLANDO, FLA. 32818 DEAR MR. FARMER AND CITY OF OCOEE , I WOULD LIKE TO PROPOSE AN IDEA THAT HOPEFULLY WOULD BE BENIFICIAL TO OUR MINISTRY AS WELL AS THE YOUTH SPORTS PROGRAM OF THE CITY OF OCOEE. WE HAVE A BEAUTIFUL 25 ACRE CAMPUS LOCATED JUST DOWN CI lE STREET FROM THE BEACH CENTER. CURRENTLY, WE HAVE A FULL SIZE BASEBALL FIELD, AND A GIRLS SOFTBALL FIELD. OUR BACKSTOPS ARE IN PLACE, WITH SOME FENCING AND DUGOUTS TO BE COMPLETED BY NEXT MONDAY. THERE IS AN 8 INCH WELL WITH OPERATIONAL SPRINKLERS FOR ALL THE FIELDS. IN ADDITION, WE HAVE PLENTY OF GOOD PARKING, AND WOULD ALLOW OUTDOOR PORTABLE TOILETS FOR THE KIDS. WE HAVE THE LAND AND GREAT LOCATION, BUT WE HAVE NEITWR TI MQ'UIP' IJ J511 ' AIN'THESE FIEtelWEVOTIMEOVeT tWORK OUT AN AGREEMENT WITH TICErerrtTl siinfM FfCGg'C'[9Ytregtrfl ' : OURI" CHR:I TIAN SCHOOL STUDENTS AS WELL AS THE-OCOEE LII 1LE I;E tb ktES S'16 1'PIIT.R el5II ELTok WOULD BEIE'+ RW_SPONSIBIrF'f3R SCYIEDtTCING. FOLLOWING IS AN IDEA OF HOW THE SCHEDULE MIGHT LOOK; A ministry of West O o k s Community Church of God A M Y 6624eA . D . IV Orlando , I. OCOEE'S BASEBALL AND SOFTBALL TEAMS WOULD BE ABM TO USE THE FIELDS ON SATURDAYS. 2. OCOEE PLAYERS COULD USE THE FIELDS DURRING THE WEEK AFTER OUR TEAM PRACTICES. 3. OCOEE COULD USE OUR FIELDS WHEN OUR TEAMS ARE PLAYING AS VISITORS AT OUR AWAY GAMES. 4. OCOEE COULD USE THE FIELDS DURRING OUR SPRING AND EASTER BREAK. 5. OCOEE COULD USE THE FIELDS AFTER OUR HIGH-SCHOOL SEASON IS OVER. (ABOUT MAY I) I WOULD LIKE TO MENTION THAT WE ARE WORKNG ON LIGHTING THE BASEBALL FIELD NOW, AND HOPE TO DO THAT IN THE NEAR FUTURE. I FEEL THAT THIS WOULD BE A GREAT PARTNERS'IIP TO BENEFIT BOTH OF US. THIS WOULD BENEFIT US WITH WONDERFUL EXPOSURE FOR OUR CHURCH AS WELL AS OUR CHRISIAN SCHOOL TO THE COMMUNITY. WE ARE REALLY EXCITED ABOUT BEING PART OF THIS COMMUNITY AND VERY THANKFUL FOR THE WAY THE CITY HAS HELPED US BY ALLOWING US TO USE THE BULLDOG STADIUM AS WELL AS SORENSON FIELD. I AM LOOKING FORWARD TO YOUR RESPONSE. THANK YOU; 7 THOL1AS W. PARLIER A ministry of West Oaks Community Church o f G o d JOINT USE AGREEMENT FOR RECREATIONAL FACILITIES This Agreement("Agreement") is entered into as of the day of March, 2003 by and between THE CITY OF OCOEE, a municipal corporation existing under the laws of the State of Florida("Ocoee") and the PINE HILLS CHURCH OF GOD ("Church"). WITNESSETH: WHEREAS, the Church owns and operates the West Oaks Academy at its campus off of A.D. Mims Road in the City of Ocoee(the "School Site");' and WHEREAS, the School Site includes an existing baseball field and softball field (the `Recreation Improvements"); and WHEREAS, the Church and Ocoee desire to enter into a joint use agreement with respect to the Recreation Improvements and the operation and maintenance thereof. NOW, THEREFORE, in consideration of the premises set forth herein below, and mutual covenants between the parties, the parties agree as follows: Recitals. The Recitals set forth above are true and correct and are incorporated herein and made a part of this Agreement. 2. Use of Property. The Church shall have the reserved use of the Recreation Improvements during(i) the portion of the day that school is in session at the School Site, (ii) the portion of the day that the Church is conducting an after school program at the School Site and requires use of the Recreation Improvements, as determined by the Church, and (iii) the time the Church requires use of the Recreation Improvements for special events, as determined by the Church. During all other times, use of the Recreation Improvements shall be administered and scheduled by Ocoee and may, at Ocoee's option, include further use by the Church. 3. Insurance; indemnification. A. During such time as the Church shall have reserved use of the Recreation Improvements, the Church shall maintain insurance (or may be self insured as permitted by law) to cover any and all claims for personal injury or property damage arising from the use of Recreation Improvements. The Church agrees to indemnify, defend and hold harmless Ocoee (including its elected and appointed officials and employees) from any and all claims arising out of or in any way related to the West Oak Academy's use of the Recreation Improvements during the time that the Church shall have the reserved use of said areas, including reasonable attorneys' fees and costs incurred in connection therewith. B. Ocoee shall maintain insurance (or may be self insured as permitted by law) with respect to the Recreation Improvements to cover any and all claims for personal injury or property damage arising from the use of the Recreation Improvements during all times other than the time the Church shall have the reserved use thereof. To the extent permitted by law, 006.2889061 Ocoee agrees to indemnify, defend and hold harmless the Church (including its pastor, officers, and employees) from any and all claims arising out of or in any way related to the use of Recreation Improvements during all times other than the time the Church shall have the reserved use thereof,including reasonable attorneys' fees and costs incurred therewith. 4. Maintenance. Ocoee shall maintain the Recreation Improvements in a safe and attractive condition at its own cost and expense; provided, however, that such maintenance by the City is limited to the baseball field and softball field. The Church shall remain solely responsible for all other facilities on the School Site. Except for maintenance as aforesaid, nothing herein shall be construed to require the City to make any improvements to the School Site. 5. Term of Agreement as to Joint Use of Recreation Implements. The provisions of Paragraphs 1, 2 and 3 shall be applicable for a term of one (I) year (the "Recreation Improvements Term") and shall thereafter automatically renew for additional terms of one (1) year each unless terminated by either party at least three (3) months prior to the expiration of the Recreation Improvements Term and any extensions thereof Upon termination of the Recreation Improvements Term, (i) the provisions of Paragraphs 1, 2 and 3 shall no longer be in effect, (ii) the Church, at its option, may elect to remove the Recreation Improvements, and (iii) Ocoee shall no longer me obligated to maintain the Recreation Improvements. 6. Authority. Each party represents and warrants to the other that it has all necessary power and authority to enter into and consummate the terms and conditions of this Agreement, that all acts, approvals, procedures and similar matters required in order to authorize this Agreement have been taken, obtained or followed as the case may be; and that upon execution of this Agreement by both parties, this Agreement shall be valid and binding upon the parties hereto and their successors in interest. 7. Notice. All notices required or permitted to be given under this Agreement must be in writing and must be delivered to the Church or Ocoee at its address set forth below (or such other addresses may hereafter be designated by such party). Any such notice must be personally delivered or sent by certified mail, overnight courier or facsimile. Any such notice will be deemed effective when received. The parties addresses for delivery of all such notices are as fol lows: West Oaks Academy: Pine Ifills Church of God do West Oaks Academy 8624 A.D. Mims Road Orlando, FL 34761 Attn: Thomas Parlier 2 006.288906.1 Ocoee: City of Ocoee, Florida 150 North Lakeshore Drive Ocoee, FL 34761 Attn: City Manager Copy to: Paul E. Rosenthal, Esquire Foley & Lardner 11 I N. Orange Ave., Suite 1800 Orlando, FI, 32801 8. Amendment. This Agreement may be amended only by writing, signed by both parties. 9. Severability. If any provisions of this Agreement are held to be legal or valid, the other provisions of this Agreement shall remain in full force and effect so long as each party substantially gets the consideration contemplated hereunder. 10. Successors and Assigns. This Agreement and the terms and conditions hereof shall be binding upon and insure to the benefit of the Church and Ocoee and their respective successors in interest. 11. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. 12. Further Documentation. The parties agree that at any time following a request therefor by the other party, each shall execute and deliver to the other party such further documents and instruments, in form and substance reasonably necessary to confirm and/or effectuate the obligations of either party hereunder and the consummation of the transactions contemplated hereby. 13. Effective Date. This Agreement shall be effective upon the day it is executed by the last party to sign. 3 006 288906.1 IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first above written. PINE HILLS CHURCH OF GOD CITY OF OCOEE, FLORIDA By: By: Thomas Parlier, Pastor S. Scott Vandergrift, Mayor ATTEST: Jean Grafton, City Clerk (SEAL) FOR USE AND RELIANCE ONLY BY APPROVED BY THE OCOEE CITY THE CITY OF OCOEE, FLORIDA; COMMISSION AT A MEETING APPROVED AS TO FORM AND HELD ON , 2003 LEGALITY this day of UNDER AGENDA ITEM NO. ,2003. FOLEY & LARUNER By: City Attorney 4 006 288906.1