Item 4CAGENDA 1TEM #4C
NOVEMBER 8, 2004
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~ CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: Authorize the City Manager to sign a Joint Use Agreement
between the City of Jacksonville and the City of Atlantic
Beach regarding the allocation of $35,000 for the Skate
Park
SUBMITTED BY: Timmy Johnson, Recreation Director
DATE: November 1, 2004
BACKGROUND: Staff is in the process of re-bidding the construction of the
,..~ skate park. Bid opening will be held on November 23.
While in the fundraising phase of the project, City of
Jacksonville Councilman Art Graham committed $35,000
~ toward the construction of the project. Attached is a copy
of the joint use agreement between the City of Jacksonville
and the City of Atlantic Beach regarding the allocation of
$35,000 to the City of Atlantic Beach for the construction
of the skate park.
RECOMMENDATION: Authorize the City Manager to sign a Joint Use Agreement
between the City of Jacksonville and the City of Atlantic
Beach regarding the allocation of $35,000 for the Skate
Park
ATTACHMENTS: Copy of Joint Use
REVIEWED BY CITY MANAGER
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Department of Parks, Recreation and Entertainment
Planning, Research and Grants Division
October 27, 2004
Jin Hanson, City Manager
City of Atlantic Beach
City Hall
800 Seminole Road
Atlantic Beach, Florida 32233
Dear Mr. Hanson:
AGENDA ITEM #4C
NOVEMBER 8, 2004
Enclosed herewith, please find a copy of the joint use agreement between the
City of Jacksonville and the City of Atlantic. Beach regarding the allocation of $35,000
to the City of Atlantic Beach for the construction of a skate park.
Please execute the original copy and return to me at:
Daniel Cronrath, Recreation Planner
~. Department of Parks, Recreation and Entertainment
851 North Market Street
Jacksonville, FL 32202
In addition, please feel free to make as many copies as are necessary for your
records.
Thank you for your attention and cooperation. If I can be of any assistance to you in
the future, please do not hesitate to contact me at 630-3543 or cronrath@coj.net.
Sincerely,
Daniel Cronrath
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851 N. Market Street, Jacksonville, Florida 32202
Phone (904) 630-3586 Fax (904) 630-3562 www.coj.net
Recipient of the ZDO.i Go vernor s Sterling A ward
AGENDA ITEM #4C
NOVEMBER 8, 2004
JOINT USE AGREEMENT BETWEEN
CITY OF JACKSONVILLE
AND
CITY OF ATLANTIC BEACH
'~ THIS JOINT USE AGREEMENT ("AGREEMENT"), is made and entered into this
day of , 2004, by and between the CITY OF JACKSONVILLE, a municipal
~ corporation in the State of Florida ("Jacksonville") and the CITY OF ATLANTIC BEACH, a
municipal corporation in the State of Florida ("Atlantic Beach").
WITNESSETH:
WHEREAS, Atlantic Beach is planning to construct a skateboard facility ("facility") in
Russell Park, which is property owned by Atlantic Beach and located within its municipal borders;
..
WHEREAS, Jacksonville is prepared to reimburse Atlantic Beach for such construction
expenses actually incurred up to a maximum of $35,000.00, in return for which Jacksonville will
enjoy joint use of the facility;
WHEREAS, it is in the best interests of both parties to make and enter into this joint use
agreement which describes the rights and obligations of each party to the other with respect to the
construction, care and maintenance of the facility; now therefore
IN CONSIDERATION for the mutual promises contained herein and for other good and
sufficient consideration, the parties agree that:
1. Incorporation of Recitals. The above stated recitals are true and correct and, by this
reference, are incorporated herein and made a part hereof.
2. Effective Date. This Agreement shall become effective on the day and. year first
written above and shall continue in full force and effect until terminated with or without cause by
either party.
3. Jacksonville Contribution. Jacksonville shall assist Atlantic Beach in defraying the
cost of constructing and installing the facility. Jacksonville's assistance shall be in the form of
reimbursement to Atlantic Beach for actual expenses incurred in the construction and installation
of the facility, up to a total contribution of $35,000.00. Jacksonville will not maintain or support the
facility, but will solely help in defraying construction and installation costs as stated herein.
4. Maximum Indebtedness. Jacksonville's maximum debt under this Agreement,
including the cost of constructing and/or installing the facility and all incidental improvements
associated therewith, shall be a total amount of $35,000.00.
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AGENDA ITEM #4C
NOVEMBER 8, 2004
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5. Jacksonville Representative. The Director of Jacksonville's Department of Parks,
Recreation and Entertainment (PRE), shall be responsible for overseeing, administering and
implementing this Agreement.
6. Payment on Draw or Reimbursement Basis. Jacksonville's contribution for said
'""" facility, pursuant to this Agreement, shall be on a draw for work done basis or on a cost for
reimbursement basis, but only after $125,000 ofnon-City funds have been expended. Such payment
will be made within seven (7) days of Atlantic Beach's submittal to Jacksonville (pursuant to section
~`" 10 below) of documentation, including bills, invoices and other documents satisfactory to
Jacksonville's General Accounting Division, to justify withdrawal or reimbursement payment to
Atlantic Beach.
7. Indemnity. Subject to Section 768.28, Florida Statutes, Atlantic Beach shall hold
~,,,, harmless, indemnify and defend the City, its officers, employees and elected officials against any
claim, action, loss, damage, injury, liability, cost and expense, ofwhateverkind or nature (including,
but not by way of limitation attorneys fees, expert witness fees and court costs) arising out of injury
~„ (whether mental or corporeal) to persons, including death, or damage to property, arising out of or
incidental to any negligent act or omission of the Recipient in its performance under this Agreement.
8. Facility Operations. Atlantic Beach shall, at no additional cost or expense to
Jacksonville, operate and maintain the facility as a public park which shall be open and available to
all residents of and visitors to Jacksonville, with no discrimination on the basis of race, creed, color,
sex, religion, national origin, marital status, age, disability or residence.
9. Atlantic Beach Responsibilities. Atlantic Beach shall comply with all federal, state
and local laws, rules, statutes, permits, regulations and ordinances, and shall be solely responsible
for all maintenance and repairs to the facility at no additional cost to Jacksonville.
10. Accounting/Report. Atlantic Beach shall provide Jacksonville's Department of
Parks, Recreation and Entertainment and Council Auditor with a full accounting/report (report)
pertaining to the Jacksonville Contribution described in section 3 above. Such report shall be once
form approved by the Council Auditor and shall include but not be limited to copies of all invoices
and checks. Such report shall be submitted thirty (30) days after the Effective Date of this
Agreement and shall continue at thirty (30) day intervals until the funds are spent in their entirety.
11. Notices. All notices hereunder shall be by certified mail return receipt requested:
As to Jacksonville : As to Atlantic Beach:
~" Robert Baughman, Director Jim Hanson, City Manager
Parks, Recreation & City of Atlantic Beach
Entertainment Department City Hall
~"" 851 North Market Street 800 Seminole Road
Jacksonville, Florida 32202 Atlantic Beach, Florida 32233
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AGENDA ITEM #4C
NOVEMBER 8, 2004
12. Termination for Convenience. Jacksonville may terminate this Agreement without
cause upon giving sixty (60) days advance written notice to Atlantic Beach.
13. Entire Agreement. This Agreement represents the entire agreement by and between
the parties concerning the receipt and expenditures of the funds specified herein. No agreement,
statement, representation, course of action or course of statement, representation, course of action
or course of conduct by either of the parties hereto, or by their authorized representatives, shall be
binding if it is not in writing and contained in this Agreement. This Agreement may be amended by
written instrument signed by the parties or their lawfully authorized representatives.
14. Severability. If any section, paragraph, sentence or other part of this Agreement is
~.. declared to be Lmenforceable or unlawful by a court of competent jurisdiction, then, in such event,
such section, paragraph, sentence or other part shall be severed from this Agreement and shall not
affect other terms and conditions herein.
15. Governing Law/Venue. This Agreement shall be governed by the law of the State
of Florida. Venue for litigation of this Agreement shall be in a court of competent jurisdiction in
Jacksonville, Florida.
IN WITNESS WHEREOF, the parties, by and through their lawfully authorized
representatives have executed this Agreement on the day and year first above written.
Attest:
Neyl'I W`1GIcAr
Corporation
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Attest: ~
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CITY OF ATLANTIC BEACH
By:
Print Name:
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STATE OF FLORIDA
COUNTY OF DUVAL
[ nt name]
Notary Public, State of Florida at Large
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.Z''PY P`~~, Sharon E. Chappeile
-.: ~ =Commission # DD311312
STATE OF FLORIDA =:~~~~;~ Expires Jury 25, 2008
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COUNTY OF DUVAL
AGENDA ITEM #4C
NOVEMBER 8, 2004
The foregoing instrument was acknowledged before me this j~'` day of ,
2004, by John Peyton and Neill W. McArthur, Jr., the Mayor and Corporation Secretary,
respectively, of the City of Jacksonville, a municipal corporation, on behalf of the corporation. Such
persons are personally known to me.
2004, by ,the of the City of Atlantic Beach, a
municipal corporation, on behalf of the corporation. Such person: (notary must check applicable
box)
The foregoing instrument was acknowledged before me this day of
^ is personally known to me; or
^ produced a current
^ produced
as identification
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[Print or type name]
NOTARY PUBLIC
In compliance with the Charter of the City of Jacksonville, I do hereby certify that there is an
~* unexpended, unencumbered, and unimpounded balance in the appropriation sufficient to cover the
foregoing Agreement, and provision has been made for the payment of the monies provided therein
to be paid.
Director of Finance
F Approv d:
Assi ant General Counsel
~ G:\General LitigationU.CARLIN\PARKS & RECREATION\contracts~skateboard joint use.wpd
driver's license as identification; or
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