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MEMORANDUM OF UNDERSTANDING <br />By this Memorandum 'of Understanding, dated this 23rd day <br />of December 1986, by and between the Board of County <br />Commissioners of Indian River County ("County") and the Indian <br />River County School Board ("School Board"), the parties agree <br />as follows: <br />WHEREAS, pursuant to the Local -Government Comprehensive <br />Planning and Land Development Regulation Act, Indian River County <br />has adopted a Comprehensive Land Use Plan which governs <br />development within Indian River County; and <br />WHEREAS, Section 235.26, Florida Statutes (1985) mandates <br />a State Uniform Building Code for Public Educational Facilities <br />Construction which provides for a State Board of Education to <br />adopt a uniform, statewide building code for planning and <br />construction of public educational facilities; and <br />WHEREAS, Section 163.3194, Florida Statutes (1985), <br />provides that after a comprehensive plan has been adopted all la <br />development undertaken shall be consistent with said plan; and <br />WHEREAS, the County and the School Board recognizes that <br />it is unresolved under the law whether the School Board is exempt <br />from the site plan approval process, and further recognize that <br />by this agreement neither party waives its right to litigate that <br />issue; and <br />WHEREAS, the County and School Board recognize that the <br />location of utilities, commercial, industrial, residential and <br />other County approved developments directly impact School Board <br />facilities; and <br />WHEREAS, the County and the School Board recognize that <br />the location and facilities -planning of schools directly impact <br />County facilities and surrounding land use; and <br />WHEREAS, the County and the School Board agree that there <br />i� <br />is a need to minimize adverse impacts on transportation systems, ii <br />futilities, and stormwater management systems; and <br />li <br />'! WHEREAS, the County and School Board recognize the value <br />i� <br />ii of coordinating the planning of School facilities with each other <br />it -1- <br />C 2 3 186 BOOT( 6 F', `917 <br />