January 10, 2018

Ms. Janis Zink Sartucci

Parents Coalition  
  parentscoalitionmc@outlook.com

Dear Ms. Sartucci:

I have received your Maryland Public Information Act request seeking any memorandum of understanding or any
agreements between Montgomery County Public Schools (MCPS) and Montgomery Parks with regard to the school
sites where MCPS schools use Montgomery Parks land for playground, recess and athletic uses.

I am responding on behalf of the superintendent of schools who, as official custodian of records for the school
system, is responsible for replies under the Maryland Public Information Act, Title 4 of the General Provisions (GP)
Article.

Please find enclosed the following responsive documents:

1969 Piney Branch Park Agreement;
1999 Deed of Easement and Common Use Agreement, Montgomery Blair High School;
2009 Montgomery Blair High School Interim Use Agreement; and
2017 Memorandum of Understanding for Piney Branch Park Snow Removal.

It should be noted that MCPS and The Maryland-National Capital Park and Planning Commission are community
partners and not all agreements for use of land are written; however, both agencies approach use of property from
a standpoint of mutual cooperation and understanding through this partnership.

If you believe you have been wrongly denied a public record, you are entitled to seek judicial review of this decision
pursuant to GP § 4-362. In addition, pursuant to GP § 4-1B-01 et seq., you also have the option to express any
concerns about this decision to the Public Access Ombudsman.

With regards,

Derek G. Turner
Director

DGT:vem

Enclosures

Copy to:
Dr. Zuckerman
Mr. Civin 

 
 
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A HEMORANDUH OF UNDERSTANDING

~1ereos, there is an urgent need to provide additional school facilities in

the Takoma Park-East Silver Spring area, tmd recognizing the opportunity to
create a facility Hhich lvill serve the greater needs of the cormnunity in
this rather rlcnsely populated section of Montgomery County, the agencies
involved hereby concur in this memorandum of understanding.

1. The City of Takoma Park will provide without cost the

site for a school and related facilities at the north
intersection of Grant and Maple Avenues consisting of
~approximately two acres of land as described in the
deed of August 7, 1963, wherein the parcel was obtained
hy the City of Takoma Park from the Maryland-National
·~api tal Park and Planning Cmmnission.

2. The Board of Education lvill construct a school on the

site provided by the City of Takoma Park. PlcD1s will
be developed in close cooperation with community repre-
sentatives, the City of Takoma Park, the Montgomery
County Council, and the Haryland-National Capital Park
and Planning Commission. The school lvill provide in-
structional programs during the school year, the summer,
and evenings and will also include facilities for
recreation, social services, health programs, and multi-
purpose space for community use. The program of require-
ments for the facility will be developed by an ifi'teragency
commlttee ln consultation with community representa~
-r0rwarded to the Iakoma l'ark-East Silver Spring Commission
-an:dbe subject to approval by the Hontgomery County Council.

3. The County Council, as evidenced by the appropriation of

$85,000 in the FY 1970 Capital Budget of the Board of
Education to plan this facility, supports the concept
of a community-oriented school wherein non-school related
programs can be provlded, ana-subject to construction
programs acceptable to the Montgomery County Council, lvill
provide the necessary capital funds. The County Council
lvill be responsible for the administration and operation
of non-school related programs in the areas of recreation,
health, and social services. In this connection, the
County Council is considering the construction of a public
s\vimming pool for the Takoma Park-East Silver Spring area.

4. The Haryland-National Capital Park and Planning Commission

will make available the existing outdoor recreation space
for the optimum operation of the school. The existing
Takoma Park Recreation Center facilities are located ad-
jacent to the proposed school. The facilities at this

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center will be evaluated to assure that the needs of the

cormnunity are best being served. In the event additional
land is required for the development of this school and
related facilities, the Cormnission \vill consider providing
the additional necessary acreage.

The signatures below attest to the fact that the memorandum of understanding
\vas adopted by the respective governmental body on the date as shovm.

Date of Approval

5/26/69
Park

6/3/69
Cleatus Barnett, President
Montgomery County Council
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5/26/69
William L. Freienmuth, President
Montgomery County Board of Education

6/11/69
W. C. Dutton, Jr., Chairm
Maryland-National Capital and
Planning Commission
 INTERIM USE AGREEMENT BETWEEN
MONTGOMERY COUNTY BOARD OF EDUCATION and the
MARYLAND-NATIONAL CAPITAL PARK AND PLANNING COMMISSION
(Blair High School)

THIS INTERIM USE AGREEMENT (hereinafter "Interim Agreement") is made this 2l4-
day of , 2009, by and between the Maryland-National Capital Park and Planning
Commission, a ublicbody corporate and agency of the State of Maryland, located at 6611
Kenilworth Avenue, Riverdale, Maryland 20737 (hereinafter "Commission") and the Board of
Education of Montgomery County, a body corporate and politic of the State of Maryland, located
at 850 Hungerford Drive, Rockville, Maryland 20850 (hereinafter "Board"), being known as "the
Parties".

WHEREAS, Montgomery County, Maryland, a body corporate and politic of the State of
Maryland, is the owner of all that parcel of land containing 11.78832 acres of ground on the
southwesterly side of University Boulevard, which said parcel is more particularly described in
Exhibit "A" attached hereto (Recreation Parcel) and which is part of that parcel of ground
acquired by the County by virtue of a Deed dated September 21, 1994 and recorded among the
Land Records of Montgomery County in Liber M.Q.R. No. 12936, folio 86 from Harold
Greenberg, et. AI. to Montgomery County, Maryland; and

WHEREAS, the County acquired the Recreation Parcel with One Million Seven Hundred
Sixty Seven Thousand Dollars ($1,767,000.00) of Program Open Space funds provided by the
Commission; and

WHEREAS, on May 24, 1972, the Commission and the County entered into an
Agreement (1972 Agreement) in which the Commission, inter alia, has the responsibility for and
shall plan, develop, maintain, operate, regulate and control all parkland acquired and held in the
record title ownership of the County, subject to the agreement, which includes responsibility for
the operation, supervision, reservation and scheduling the use of such parkland;

WHEREAS, the above described Recreation Parcel falls within the purview of the 1972
Agreement between the Commission and the County; and

WHEREAS, on or about August 3, 1999, the Commission and the Board entered into a
Deed of Easement and Common Use Agreement (Use Agreement) in which the parties set out
terms and conditions for the use and maintenance of athletic fields on the campus of Blair High
School, including the use of the stadium field which is located on the Recreation Parcel; and

WHEREAS, the County was a party to the Use Agreement in which it agreed to grant
easements to the Commission and the Board respectively, across the Recreation Parcel and to
have priority use and control and management responsibilities for the use of the Community
, Center on the Recreation Parcel; and
{"

WHEREAS, the County did not execute the Use Agreement as there was no Community
Center constructed on the Recreation Parcel, but the Commission and the Board have been

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operating under the terms of the Use Agreement since 1999; and

WHEREAS, the Commission wishes to improve the stadium on the Recreation Parcel
owned by the County by installing an artificial turf field and the County has approved the
installation of such improvements pursuant to the FY 09 - FY14 CIP adopted by the Montgomery
County Council on May 22, 2008.

WHEREAS, the Parties desire to enter into this Interim Agreement for the mutual benefit
of the Parties to address the future use of the stadium field which is located on the Recreation
Parcel and which will be upgraded by an artificial turf field; and

WHEREAS, the Commission has the authority to enter into this Interim Agreement by
virtue of its responsibility for parkland, of which the Recreation Parcel qualifies, under the 1972
Agreement

NOW THEREFORE in consideration of the mutual promises, covenants, and agreements

herein contained, and other good and valuable consideration, the Parties agree as follows:

1. Recitals.

The above recitals are incorporated herein by reference and made a part of this Agreement.

2. County's Approval of Stadium Improvements.

The County, by the approval of the FY09 - FY14 CIP for Ballfield Initiatives (008720) on May 22,
2008, granted permission for the Commission to make certain improvements for the stadium on
the Recreation Parcel including the installation of artificial turf on the Recreation Parcel at Blair
High School.

3. Board's Use of Stadium Field on Recreation Parcel. The Board is entitled to the exclusive use
of the stadium field during the normal school year and during normal school hours. "School
Hours" for the purposes of this Agreement generally end at 7:00 p.m. Monday through Friday.
The Board is also entitled to the exclusive use of the stadium field at all other times when the
Board or Blair High School has scheduled on its or their calendar of events a school or education
related program or activity, such as a track and field event. A "school or education related
program" for the purposes of this Agreement will mean a program that is by and for Blair High
students, and directly related to student academics and/or student athletics, and a sanctioned
event of the Board or the school administration. Table A, attached hereto and incorporated
herein, provides general. guidance on the school's athletic schedule and remaining hours
available for community use. The Board and/or Blair High School will give the Commission an
actual schedule of use that identifies all scheduled practices and event times that occur outside
of School Hours, on or before August 1, of each year for fall activities, and on or before January
1, of each year for spring activities. Any activity which is not listed on the calendar of events will
require a Park Permit before the use is allowed.

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 4. Commission's Use of Stadium Field and Surrounds on Recreation Parcel.

The Commission shall be entitled to the exclusive use of the stadium field before and after
normal School Hours, and. after other events scheduled by the Board or by Blair High School as
set forth in Section 3 hereof. Those times and dates will be permitted for public use through the
Park Permit process, and according to Commission rules and regulations. The Commission has
the authority to issue permits to users other than the Board, collect fees from users other than
the Board and otherwise assure full and responsible use of the stadium field on the Recreation
Parcel by the community.

5. Board Indemnification.

The Board does hereby agree, covenant and warrant to protect, indemnify and hold the
Commission and their respective officers, members, employees and agents (the Indemnified
Parties) harmless from and against all liabilities, actions, damages, claims, demands, judgments,
losses, costs, expenses, liens, encumbrances, suits or actions and reasonable attorneys fees
and the cost of the defense of the Indemnified Parties in any claim, dispute, or suit including
appeals, arising out of, or in relating in any manner to this Interim Agreement (or any
amendments thereto), or any rights arising out of this Interim Agreement, and all activities on or
as a result of the Board's presence on, access to, or activities on or about the Recreation Parcel,
subject to the limits as set forth in Md. Ann. Code, Courts and Judicial Proceedings Article, § 5-
518,et. seq. and the Education Article, Section 4-105

6. Commission Indemnification.

The Commission does hereby agree, covenant and warrant to protect, indemnify and hold the
Board and their respective officers, members, employees and agents (the Indemnified Parties)
harmless from and against all liabilities, actions, damages, claims, demands, judgments, losses,
costs, expenses, liens, encumbrances, suits or actions and reasonable attorneys fees and the
cost of the defense of the Indemnified Parties in any claim, dispute, or suit including appeals,
arising out of, or in relating in any manner to this Interim Agreement (or any amendments
thereto), or any rights arising out of this Interim Agreement, and all activities on or as a result of
the Commission's presence on, access to, or activities on or about the Recreation Parcel,
subject to the limits as set forth in Md. Ann. Code, Courts and Judicial Proceedings Article, §5-
301, et. seq.

7. Notices

Any Notices required shall be sent by first class mail to the parties as follows:

Board of Education for Montgomery County:

850 Hungerford Drive
Rockville, Maryland 20850
Attention: Department of Facilities Management

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Maryland-National Capital Park and Planning Commission
9500 Brunett Avenue
Silver Spring, MD 20910
Attention: Parks Department

8. Interim Agreement Term.

This Agreement shall become effective on the date the last party executes this Agreement and
shall terminate twelve (12) months thereafter. Within twelve months of the commencement of
the Term. The Parties shall meet to formulate a more permanent Agreement for the use and care
of the stadium on the Recreation Parcel.

This Interim Agreement applies only to the use of the stadium field on the Recreation Parcel. All
other terms and conditions of the Use Agreement remain in full force and effect.

9. Repayment of Lighting

The Commission agrees to work in good faith with the Board to establish a fee schedule for use
of the stadium field that will reimburse the Board for the direct costs of the stadium lighting
installed on the Recreational Parcel by MCPS and/or the Boosters Club of Blair High School.

[SIGNATURE PAGE FOLLOWS]

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IN WITNESS WHEREOF, the parties hereto have executed and delivered this Agreement, on
the date first above written.

MARYLAND-NATIONAL CAPITAL PARK

AND PLANNING COMMISSION
Attest:

By: ~~~~=-------_
Patricia Colihan Barney Oscar S. Rodri
Secretary- Treasurer Executive Dire 0

Date: 1---." _---<2_J--o--" _"--~_

BOARD OF EDUCATION OF
MONTGOMERY COUNTY, MARYLAND

Attest:

Date: -----f---'~~"'_f'-------

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TABLE A: Differentiating Blair Stadium Use for High School and Community Groups (NOTE: The
months November through February are not included in the figures below, a time of very low usage for
both school and community use)

School Athletic Use (March through October)

Weekends/ Time of Year/Time-Span Time of Day Hours Per
Weekdays School

6 weekdays *August 14-21 8:00 am - 6:00 pm 60

35 weekdays *August 22 - Late October 3:30 pm - 9:30 pm 210
10 weekdays *August 22 - Late October 3:30 pm-7:00 pm 35
11 Saturdays *August 14 - Late October 9:00 am - 2:00 pm 55
45 weekdays March 1 - Mid May 3:30 pm - 7:00 pm 158
20 weekdays March 21 - Mid May 7:00 pm - 9:30 pm 50
11 Saturdays March 1 - Mid May 9:00 am - 2:00 pm 55
623
* These are approxunate dates. For instance, the MPSSAA (state athletic aSSOCIatIOn)specifies that the first
practice date for fall sports occurs on a Saturday in mid-August. Thus, the first practice date can be as early as
August 12, and as late as August 18, depending on the year/calendar (first day of practices for the 2009-2010
school year will be Saturday, August 15). Similarly, the day the teachers report back changes slightly each
year. Beginning with the first day of fall practice and until teachers report back to schools, teams may conduct
two practice per day, typically one in the morning, one in the afternoon. Teams may only conduct one daily
practice once teachers report to schools.

Community Athletic Use (March through October

Weekends/ Time of Yearrrime-Span Time of Day Hours Per
Weekdays School
10 weekdays Mid/Late June-Mid-August 2:00 pm - 9:30 pm 75
10 weekdays MidlLate June- August 13 11:30 am- 9:30 pm 100
20 weekdays Mid/Late June- August 13 8:00 am - 9:30 pm 270
8 Saturdays Mid/Late June- August 13 8:00 am - 9:30 pm 108
6 weekdays August 15 - August 21 6:00 pm - 9:30 pm 21
10 weekdays August 22 - Late October 7:00 pm - 9:30 pm 25
11 Saturdays August 15 - Late October 2:00 pm - 9:30 pm 83
11 Saturdays March 1 - Mid May 2:00 pm - 9:30 pm 83
3 Saturdays Mid-May - Late June 8:00 am - 9:30 pm 41
34 Sundays March 1 - October 31 Noon - 9:30 pm 323
TOTAL 1129

Summary of Extent of MCPS and Community Use (March through October)

Excluding Use November through February Percent of Total Hours Per
School
MCPS Athletics Hours 35.6% 623
Community-user Hours 61.5% 1129
Total Hours Available on Artificial Turf 100.00% 1837

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