Interlocal Agreement The Sea Turtle
The Son Bares
The Tara Center Agency
7
With a copy to:
Sea Turtle
One Ocean Boulevard
Atlantic Beach, Florida 32266
Sea Horse
120 Atlantic Boulevard
Neptune Beach, Florida 32266
Town Center
IN WITNESS whereof, the parties have executed this
Agreement, in qui.ntuplicate, on the dates indicated, to be
effective the day and year first above written.
The City of Atlantic Beach
ATTEST:
The City of Neptune Beach
ATTEST:
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Section A. Miscellaneous
(a) This Agreement may be simultaneously executed in several
counterparts, each of which shall be an original, and all of
which shall constitute but one and the same instrument.
(b) In the event of any provision this Agreement shall be
held invalid or unenforceable by any court of competent
jurisdiction, such holding shall not invalidate or render
unenforceable any other provisions hereunder.
(c) This Agreement is made and entered into under and shall
be construed in accordance with the laws of the State of Florida.
(d) Town Center, upon execution of this Agreement, shall
file the original thereof, in the public records of Duval County,
as required by Section 163.01(12), Florida Statutes.
(e) All notices, certificates or other communications
hereunder shall be sufficiently given and shall be deemed given
or mailed by registered or certified mail, postage prepaid,
addressed as follows:
Atlantic Beach
City Manager
800 Seminole Road
Atlantic Beach, Florida 32233
With a copy to:
Mayor
City of Atlantic Beach
800 Seminole Road
Atlantic Beach, Florida 32233
Neptune Beach
City Manager
1517 Atlantic Boulevard
Neptune Beach, Florida 32266
ONSOM
party. Additionally, the party performing any service provided
for herein shall not be responsible for the payment of salary,
wages or other compensation or entitlement to the other party's
officers, agents or employees.
Section 6. Effective Date.
This Agreement shall take effect on October 1, 1993, and
shall expire midnight, September 30, 1994. This Agreement shall
automatically extend for successive additional one (1) year
periods unless and until either party shall give notice to the
other parties of its desire to terminate this Agreement not less
than sixty (60) days prior to the expiration of the primary term
or of any extended term.
Section 7. Disposition of property.
At the expiration of this Agreement, all equipment and
property shall become the property of the respective party which
has title to ouch property at the time this Agreement is
executed. Any property jointly owned at the time of the
execution of this Agreement shall continue to be jointly owned,
and any equipment or property acquired with the joint funds of
the parties during the term of this Agreement shall be owned
jointly by the parties, with each party's interest of ownership
therein being equal to its respective percentage of participation
in effect when the equipment was purchased. Any property
purchased by either party during the term of this Agreement
solely from its own funds, and not titled jointly, shall remain
the property of the purchasing party.
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ordinances and state law applicable to Atlantic and Neptune. In
providing services set forth in this Agreement, Town Center will
be acting in the capacity of an independent contractor and not as
an agent, employee, partner, joint venture, or associate of
Atlantic Neptune, Sea Turtle or Sea Horse.
Section 3. Fiscal year officers to administer this
Agrees nt.
Each party to this Agreement shall be entitled to one vote
and they shall establish a fiscal year for accounting and
budgetary purposes. Adopt a budget for expenditures of funds
provided through and under this Agreement. Sea Turtle, Sea Horse
and Town Center shall make contribution to the fund through their
own sources or from other sources. The parties shall act
diligently and resourceful in obtaining permits and funds from
the Consolidated City of Jacksonville to assist in construction
and maintenance of the facilities to be constructed under this
Agreement.
Section 4. Sam Tulftle 1 es.
Sea Turtle and Sea Horse shall make improvements to its
facilities from time to time which will be compatible with and
complement the pocket park to be constructed under this
Agreement. Each will devote funds, energy and time toward
improving the quality of life of persons visiting the area.
section 5. Liability of nartits.
Neither party to this Agreement shall be deemed to assume
any liability for the acts, omissions or negligence of the other
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more positive attitude and pride of place; and
WHEREAS, Atlantic and Neptune desire to support the creation
of a town center that refines the character and ambience in the
North Beaches area in the hope that a park like atmosphere on
Atlantic Boulevard between Third Street and the Atlantic Ocean
will give impetus for controlled growth and economic stability
for the area.
VON THEREFORE, in consideration of the mutual covenants and
conditions herein set forth, the parties hereto do mutually
covenant and agree as follows:
Section 1. Public funds aad accounting tb•r•of
Atlantic and Neptune shall provide from the proceeds of the
Convention Development Agency collected within their respective
jurisdiction the sum of $25,000 each toward the creation of park
like atmosphere on Atlantic Boulevard between Third Street and
the Atlantic Ocean, and from time to time such other sums that
may be lawfully appropriated for such purposes by each governing
body. The expenditures and safekeeping of such public funds are
subject to audit by each party to this Agreement during
reasonable times during the regular business day to ensure that
such funds are used for a lawfully authorized public purpose.
Soction 2. • dent contrac
Town Center shall coordinate the planning, construction and
maintenance of the tree lined avenue and brick patio. Town
Center shall establish procedures for letting contracts and
purchasing supplies and materials in conformity with the
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INTERLOCAL AGRBEIOIT FOR CRBATI*G
TOWN CENTER 897WM N THIRD STREET
AND THE ATLANTIC OCEAN
THIS AGREEMHT made and entered into in quintuplicate this
day of March, 1993, by and between Atlantic Beach, a
Political subdivision in the State of Florida, hereinafter
referred to as "Atlantic ", Neptune Beach, a municipal corporation
existing under the lass of the State of Florida, hereafter
referred to as "Neptune ", The Sea Turtle Inn, a corporation
existing under the laws of the State of Florida, hereafter
referred to as "Sea Turtle ", The Sea Horse Motel, a Florida
corporation, hereafter referred to as "Sea Horse ", and The Town
Center Agency, Inc. a corporation not for profit, hereafter
referred to as "Town Center ".
WITIIlCSSETH
WHEREAS, the Town Center presently is engaged in the
planning of the creation and establishment of a Beaches Community
Town Center featuring a tree lined avenue and brick patio on the
north and south sides of Atlantic Boulevard from Third Street to
the Atlantic Ocean; and
WHEREAS, the Town Center plans to create streets which will
enhance the compati:ility of Vehicles and pedestrians by clearly
defined parking areas and places for pedestrians to sit and enjoy
the beauty of the surrounding area; and
WHEREAS, Sea Turtle and Sea Horse plan to improve and
advertise their convention facilities so as to induce more
community residents and others to visit the area and develop a
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CITY OF
�'�4;.rtic b''tatli - � laaida
W$ SL%"I%0LE ROAD
ATLANTIC REACH, FLORIDA 32233 -SW
7 1XMONE (M) 2V -5800
FAX (%4) 24]L$W
April 8, 1993
Honorable Mayor
and City Commission Members
Atlantic Beach, Florida
Dear Mayor and City Commission Members:
Please recall, in conjunction with our recently conducted goal
setting session, one so identified involved Town Center and the
creation of an interlocal agreement among the involved parties.
This assignment was accepted by Commissioner Lyman Fletcher and
he has subsequently prepared a proposed document. Transmitted
herewith is a copy of said agreement for your consideration.
Please advise if I may be of further service.
Sincerely,
Kim D. Leinbach
City Manager
KDL.dst
REF: 93KDL.44