Exh 8DAGEAtDA ITEM k8D
MARCF7 12, 2001
ATLANTIC BEACH ELEMENTARY
(Name of School)
School No.#6~
MEMORANDUM OF UNDERSTANDING
-THIS MEMORANDUM OF UNDERSTANDING ("Memorandum"), made and entered into
this day of , by and between the CITY OF
ATLANTIC BEACH, FL., a municipal corporation, hereinafter referred to as "City" and
DUVAL COUNTY SCHOOL BOARD, a body politic and corporate, hereinafter referred to as
"DCSB"
WITNESSETH:
WHEREAS, the City and DCSB have entered into this Memorandum dated
(The "Memorandum") .allowing the City and DCSB to jointly use certain DCSB
property and certain City property more particulazly described herein for recreational and.
educational purposes in accordance with said Agreemern and the limitations set forth therein;
WHEREAS, this Memorandum of Understanding for each DCSB property and City
property sets forth in detail the exterit of the use to be made of each property;
WHEREAS, the City has authorized the City Manager to execute this Memorandum of
Understanding and amendments thereto, on behalf of the City.
WHEREAS, the parties desire to enter into this Memorandum to set forth the terms and
conditions considered necessary by the parties to ensure the jointly used property is well
maintained and operated.
NOW THEREFORE, the parties in consideration of the foregoing and the mutual
AGENDA ITEM #SD
MARCH 12, 2001
promises and covenants herein, agree as follows:
Section 1. Use. The City shall have the right to use jointly with DCSB the azeas
designated on the plat diagram or site plan attached hereto as Exhibit A and made a part hereof
(the "Property") at ATLANTIC BEACH ELEMENTARY#65 for educational and recreational
(Name of School)
Purposes only.
The City shall have the right to use the Property for the purposes stated herein at the times set
forth in Exhibit B, attached hereto and made a part hereof.
Section 2. I~rovements. The City may install the improvements listed on Exhibit C,
attached hereto and made a part hereof (the "Improvements") at each locations set forth in
Exhibit A. All Improvements shall meet Florida Department of Education safety standazds.
Section 3. Maintenance of Improvements and Propertv. City shall maintain, at its sole
cost and expense, the Improvements installed by it on the Property. The City shall also keep the
Property free from debris, trash and other unsightly refuse associated with congregations of
persons as spectators and participants in recreation or other activities during and immediately
after City's use of the Property. The DCSB shall maintain the Property and any improvements
made by DCSB thereon and provide daily litter control during the school yeaz.
Section 4. Correction of Unsafe Condition. City shall provide proper supervision and
safe conditions during its use of the Property. In the event either party. becomes awaze of an
unsafe condition, said party will correct same if the correction is the responsibility of said patty or
will notify the other party of the unsafe condition. City shall be responsible for the correction of
any unsafe condition resulting from the installation, existence, maintenance or failure to maintain
the Improvements, or resulting from debris, trash and other unsightly refuse, associated with
AGENDA ITEM #8D
MARCH 12, 2001
congregations of persons as spectators and
participants in recreational. or other activities,
placed on the Property during the City's use of the Property.
Section 5. Utilities. (Check One):
O DCSB will provide utilities on the Property
^ DCSB will provide the following utilities and City shall pay the following
amounts:
Section 6: Increased Operating_Costs. Any increased operating cost to DCSB caused
by City's use of the Property shall be paid by City upon written notice of such increased operating
cost and supporting documentation reflecting the increased operating cost.
Section 7. Si e. City agrees to install a sign on the Property stating:
"Atlantic Beach Elementary #65 Recreation Area" and "Constructed on Duval County
School Board Property by the City of Jacksonville."
Section 8. Title to Improvements. DCSB, at its option, may keep any or all of the
Improvements installed by City on the Property and the City shall convey its right, title and
interest in the Improvements "as is" with no warranties as to merchantability or fitness to the
DCSB or DCSB may require the City to demolish and remove the Improvements on the Property
and return the Property completely as practicable to its original condition prior to the installations
of the Improvements.
Section 9. Memorandum Period and Termination. This Memorandum shall be
effective for the period beginning Mazch 1.2001 and shall continue for a period of (601 monthsl5
r}~ears and shall be automatically renewed, unless terminated by either party, with or without
cause, upon giving three (3) months written notice to the other party.
Section 10. Notices. All notices required under this Memorandum shall be made in
AGENDA ITEM #8D
MARCH 12, 2001
4
writing and served upon City by registered or certified mail, return receipt requested, addressed
to
City Manager, City of Atlantic Beach, 800 Seminole Road, Atlantic Beach, Florida 32233 and
served upon DCSB by registered or certified mail, return receipt requested, addressed to Assistant
Superintendent, Facilities Services, 1701 Prudential Drive, Jacksonville, Florida 32207-8181 with
a copy to Ms. Alliette Reg_rster at 298 Shem Drive, Atlantic Beach FL 32233.
Section 11. Amendments. This Memorandum may be amended form time to time by
written request and agreement of the parties. The City Manager to execute any and all such
amendments on behalf of the City and DCSB, respectively.
~~ Section 12. Association Use ofProperty. The City may allow associations, groups or
individuals use of the Property for public purposes upon written agreement between City and the
association, group, or individual, in accordance with the terms and conditions of the Joint Use
Agreernent. Any such written agreement between the City and the association, group or
individuals must be approved by the school principal, or hisJher designee. The DCSB may in its
sole discretion deny such use. ~2+.Fo,. r.; E-~E,,b;r 3>
IN WITNESS WHEREOF, the parties hereto have executed this Memorandum on the day
and year 5rst above written.
DUVAL COUNTY SCHOOL BOARD
CITY OE ATLANTIC BEACH
A~5 STANT SUPERSNTENDEN
BY: FAC C~ITIES/SERVICES.
CITY MANAGER ~BY: ~~'-~--f~/~L~Lc...~ci !~
PRINCIPAL
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SOCCER FIFLD PROJECT
ATLANTIC BEACH ELEMENTARY SCHOOL
298 SHERRY DRIVE, ATLANTIC BEACH, FLORIDA
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AGENDA 1TEM tF8D
MARCH 12> 2001
EXHIBTT A
PLAT DIAGRAM OR SITE PLAN
REFER TO ATTACHED
AGENDA ITEM #8D
MARCH 12, 2001
E
EXHIBIT B
TIME OF USE BY CITY
1. Fields cannot be used during normal school hours.
2. Monday thru Friday, 3:15-8:30 (3:15-6PM during daylight saving time) and Saturday &
Sunday, 9AM - 6PM usage must be coordinated and not conflict with Extended Day
Program.
3. Each organization or group utilizing school facilities shall have a current approved
"DCBS, Building Utilization Form,Request for Authorization" on file at the DCSB office.
4. DCSB shall have the right to object to any use of school facilities that are beyond the
intended uses (soccer, football, basketball, baseball and softball) that is incompatible with.
school purposes.
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AGENDA ITEM #8D
MARCH 12, 2001
EXHIBIT C
IMPROVEMENTS BY CITY
T'he following improvements will be made by the CITY OF ATLANTIC BEACH, FL
• Grading as necessary to prepaze field areas: 4 soccer and 1 baseball
• Irrigation System for all fields shown in Exlribit A
• Soccer Goals (4 sets)
• Benches (6 qty)
• Sod for field areas
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