R93-92RESOLUTION NO. R93-~
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
APPROVING A JOINT USE AGREEMENT BETWEEN
THE CITY OF BOYNTON BEACH AND THE PALM
BEACH COUNTY SCHOOL BOARD FOR THE JOINT
USE OF WILSON CENTER AND POINCIANA
ELEMENTARY SCHOOL BY BOTH AGENCIES, AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Boynton Beach and ~he Palm Beach
County School Board are joint partners in the site expansion of
Poinciana Elementary School; and
WHEREAS, both the City and the School Board recognize the
need 0w occasion for both ~arties to utilize the facilities of
the other, thereby minimizing the duplication of facilities;
NOW, THEREFORE, BE iT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA THAT:
Section 1. The City Commission of the City of Boynton
Beach, Florida., does hereby authorize and direct the Mayor to
execute the Joint Use Agreement, with the School Board of Palm
Beach County, attached hereto as Exhibit "A".
PASSED AND ADOPTED this /~ day of June, 1993.
CITY OF BOYNTON BEACH, FLORIDA
ATTEST:
Cit~ Clerk
(Corporate Seal)
Authsigowp5
JointUse. Poin
6/11/93
This Instrument Prepared by:
Agustin A. Hemandez with Robert A. Rosillo
and should be returned to:
Robert A. Ros_illo, Associate Counsel
The School Board of Palm Beach County
3318 Forest Hill Boulevard
West Palm Beach. Florida 33406-5813
JOINT USE INTERLOCAL AGREEMENT BETWEEN
THE SCHOOL BOARD OF PALM BEACH COUNTY
AND THE CITY OF BOYNTON BEACH
FOR POINCIANA ELEMENTARY SCHOOL AND THE WILSON CENTER
THIS AGREEMENT, entered into this day of ,19 , between the SCHOOL BOARD
OF PALM BEACH COUNTY, FLORIDA, a corporate body politic pursuant to the Constitution of the State of Florida.
(hereinafter referred to as '~SCI-IOOL BOARD"), and the CITY OF BOYNTON BEACH, a Florida municipal Corporation.
(hereinafter referred to as "CtTY"L
WITNESSETH:
WHEREAS. it is the intent of the Local Government Comprehensive Planning and Plan Development Regulation
Act. F.S. 163.3161 (4), ro encourage and ensure cooperation between and among the local governmental entities to provide
for the coordination of development activities bexween units of local government; and
WHEREAS, the SCHOOL BOARD is the controlling body of the Public Schools of Palm Beach County, Florida,
and does own and operate Poinciana Elementary School in the City of Boynton Beach; and
WHEREAS, the City is the controling body of the Wilson Center located adjacent to Poinciana Elementary; and
WHEREAS, the City and the SCHOOL BOARD anticipate entering into a site expansion agreement~ and
WHEREAS, both the SCHOOL BOARD and the CITY recognize the needs on occasion for bo~ parties to utilize
the facilities of the other, thereby minimizing the duplication of facilities; and
WHEREAS, the CITY, under its powers, is desirous that under its required procedure that the integrity of i~s
Comprehensive Land Use Plan is maintained and that the residents have reasonable use of certain parts of the school facilities
when not in use for educational or program purposes established by the BOARD.
WHEREAS, the SCHOOL BOARD recogni?es the need un occasion for use of Wilson Center Facilities for
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educational or program purposes.
NOW, THEREFORE, for and in consideration of the covenants herein contained, the parties agree as follows:
I. That this Agreement is entered into under the authority of Section 163.01, Florida Statutes.
2. The individually designated Poinciana Elementary School Center and the Wilson Center facilities shall
be subject to all terms and conditions of this Agreement.
3. The Poinciana Elementary School Center shall be available for public use when not required by the
SCHOOL BOARD for its public education program; provided however, such use shall be subject to the
rules, regulations and policies of the SCHOOL BOARD and in compliance with all Federal. State and
local laws.
The CITY's use of school center facilities shall be requested by proper application identifying the nature
of the use, facility space requirements, and SCHOOL BOARD personnel requirements in accordance with
SCHOOL BOARD policies for community use of school facilities. Application for use shall be made
to the school's Principal at least ten (10) days prior to CITY use with the Principal making a
recommendation on the use to the SCHOOL BOARD and/or Assistant Superintendent of Support
Services. Good faith effort will be made to give the City of Boynton Beach Priority for use.
The Wilson Center facilities shall be available for SCHOOL BOARD use when not required by the CITY
for its program~; provided however, such use shall be subject to the rules, regulations and policies of the
CITY and in compliance with all Federal, State and local laws.
The School Board's use of Wilson Center facilities shall be requested by proper application identifying
the nature of the use, facility space reqmrements, and CITY personnel requirements in accordance with
CITY policies for community use of CITY facilities. Application for use shall be made to the City
Mangers Office at least ten (I0) days prior to SCHOOL BOARD use with the City Manager making a
recommendation on the use to the City Council and recreation department. Final review and approval
of the application rests solely with the CITY and the SCHOOL BOARD shall be notified of their decision
at least 72 hours prior to the use.
7. The SCHOOL BOARD recognizes its liability for certain tortious acts of its agents, officers, employees
and invitees to the extent and limit provided in Chapter 768.28, Florida Statues, the State of Florida's
partial waiver of sovereign imm~lniry, for the period of time the SCHOOL BOARD is using CITY
facilities designated through an addendum to this Agreement, provided however, that this provision shall
not be construed as a waiver of any right or defense which the SCHOOL BOARD may possess, and it
reserves ail such right as agmnst any and all claims that may be brought against it uder this Agreement.
8. The CITY recognizes its liability for certain tortious acts of its agents, officers, employees and invitees
to the extent and limit provided in Chapter 768.28, Florida Statutes, for the period of time the City is
using the facilities designated through an addendum m this Agreement, provided however, that this
provision shall not be coustmed as a waiver of any right or defense which the CITY may possess, and
it reserves all such rights as against any and all claim~ that may be brought against it under this
Agreement.
9. This Agreement may be modified only by mutual resolution of the parties' respective governing bodies.
10. This Agreement may be recorded in the Public Records of Palm Beach County, Florida.
11. This Agreement shall be in full force and effect for a period of three (3) years commenumg on the day
and date tn'st written above. It is understood that this Agreement may be renewed or extended by the
mutual consent of the governing bodies for both parties, for an additional three (3) years commencing
at the expiration of the original previous three year term, subject to the same terms and conditions and
provided herein and by addendum or amendment. Either party intending to exercise the option to renew
this Agreement, shall provide the other party with written notice of their intent at least ninety (90) days
prior to the expiration of the term of this Agreement.
12. This Agreemen~ may be terminated in its entirety by either party giving to the other pare/, written notice
at least Ninety (90) days prior to the date of termination.
13. All notices herein required, permitted to be given to or served upon either party shall be in writing. Any
such notice shall be deemed sufficiently given or served, if served personally, sent Certified mail by the
United States Mail, or by any nationally reco_~niTed overnight carrier m the SCHOOL BOARD or the
City at the address set forth as follows:
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As to School Board:
With Copies to:
As to the City:
With Copies to:
13.
14.
first above written.
SCHOOL BOARD OF
PALM BEACH COUNTY, FLORIDA
Office of General Counsel
3318 Forest Hill Boulevard
West Palm Beach, Florida 33406-5813
C. Monica Ub. lhom
Superintendent
3340 Forest Hill Boulevard
West Palm Beach. Florida 33406-5869
City of Boynton Beach
City Attorney's Office
100 E. Boynton Beach Boulevard
Boymon Beach Florida 33425
Scott Miller. City Manager
100 E. Boynton Beach Boulevard
Boynton Beach, Florida 33425
If any term or provision of this Agreement shall, to any extent, be deemed invalid or unenforceable, the
remainder of this Agreement shall be valid and shall be cnforeed to the fullest extent of the law,
This Agreemem together with any addendum that may now or in the future be attached and become a part
hereof of this Agreement set forth all covenants, promises, agreements, conditions and understandings
between the parties hereto. There are no covenants, promises, agreements, conditions and understandings,
either oral or written, between the parties other than those herein set forth. Except es herein provided.
no subsequent alteration, amendments, changes, or additions, shall be binding the parties, unless and until
reduced to writing and signed by both parties.
IN WITNESS WHEREOF, this Agreement has been executed by the parties herein on the day and year
Signed in the presence of:
SCHOOL BOARD OF
PALM BEACH COUNTY. FLORIDA
Gall Bjork, Chairperson
Attest:
C. Monica Uhlhom, Superintendent
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4
SCHOOL BOARD OF
PALM BEACH COUNTY, FLORIDA
STATE OF FLORIDA
COUNTY OF PALM BEACH
I HEREBY CERTIFY that on this date before me, an officer duly authorized in the State and County first named
above to take acknowledgements personally appeared Chairperson of the Palm Beach County School Board, and Chairman C.
Mordca Uhlhom as Secretary of the School Board of Palm Beach County. Florida and they acknowledged before me that they
executed the foregoing instrument as said officers and that they also affixed thereto the official seal of the School Board.
SWORN TO and subscribed before me this__ day of
, 1992.
My Commission Expires
Notary Public
(Notawy Seal)
Signed in the presence of:
STATE OF FLORIDA
COUNTY OF PALM BEACH
City o Boynton Beach, Florida
I HEREBY CERTIFY that on this date before me, an officer duly authorized in the State and County aforesaid
to take acknowledgements personally appeared ~'o~e_ .Pt~,'laj ~f~:~-Mayor, and ~ciZanr~e /"[- K~-~.V,E , as
City Clerk of the City of Boynton Beach, Florida. and they/cknowledged before me that they executed-~-----~e fo'~rUment
as said officers of the City and that they also affixed thereto the official seal of the City of Boynton Beach.
SWORN TO and subscribed before me Es/6 day of Qo..m~ , 199.Z 93
(Notary Seai)
Approved:
Robert A. Rosillo
School Board Attorney
City Attomey
Notary Public
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