2018-30258 ResolutionRESOLUTION NO. 2018 -30258
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, ACCEPTING THE FEBRUARY 23, 2018
RECOMMENDATION OF THE FINANCE AND CITYWIDE PROJECTS
COMMITTEE, AND APPROVING, IN SUBSTANTIAL FORM, AMENDMENT NO. 1
TO THE SEPTEMBER 21, 2001 JOINT USE AGREEMENT BETWEEN THE CITY
OF MIAMI BEACH, FLORIDA AND THE SCHOOL BOARD OF MIAMI -DADE
COUNTY ( "SCHOOL BOARD ") RELATING TO LAND ADJACENT TO BISCAYNE
ELEMENTARY SCHOOL THAT THE CITY JOINTLY OWNS WITH THE SCHOOL
BOARD; WITH SUCH AMENDMENT NO.1 PROVIDING FOR THE CITY TO
DESIGN, CONSTRUCT, AND MAINTAIN CERTAIN IMPROVEMENTS TO THE
EXISTING PEDESTRIAN RIGHT OF WAY BETWEEN 77TH STREET AND 75TH
STREET, TO BE USED AS BOTH A SIDEWALK AND A PEDESTRIAN BICYCLE
PATH, WITH THE COST FOR DESIGN AND CONSTRUCTION NOT -TO- EXCEED
$200,000, AND PROVIDING FOR THE CITY TO DESIGN, CONSTRUCT AND
MAINTAIN A SOCCER FIELD AND RELATED IMPROVEMENTS, WITH THE COST
FOR DESIGN AND CONSTRUCTION NOT -TO- EXCEED $146,500; FURTHER,
AUTHORIZING THE CITY MANAGER TO FINALIZE NEGOTIATIONS WITH THE
SCHOOL BOARD ON SUCH TERMS AS THE CITY MANAGER MAY DEEM TO BE
IN THE CITY'S BEST INTEREST, CONSISTENT WITH THE ESSENTIAL TERMS
SET FORTH IN AMENDMENT NO. 1; AND FURTHER AUTHORIZING THE MAYOR
AND CITY CLERK TO EXECUTE AMENDMENT NO. 1, IN A FORM ACCEPTABLE
TO THE CITY ATTORNEY, UPON CONCLUSION OF SUCCESSFUL
NEGOTIATIONS BY THE ADMINISTRATION.
WHEREAS, the City and the Board each make available recreational programs, activities
and facilities for the use and benefit of the students of Miami -Dade County Public Schools and
residents of the City of Miami Beach; and
WHEREAS, on or about September 25, 1972, the City and the Board jointly purchased a
parcel of real property (the "Land ") located adjacent to Biscayne Elementary School (the "School "),
as evidenced by that certain warranty deed, duly recorded in O.R. Book 7925, Page 363, of the
public records of Miami -Dade County, a copy of which is set forth as Exhibit "A" of Composite Exhibit
No. 1, attached to the City Commission Memorandum accompanying this Resolution (the "Warranty
Deed ");
WHEREAS, the Warranty Deed specified that the Land shall "be used jointly for park and
playground recreational purposes only," provided that the Board "shall have prior and paramount
right to the use of the Lands for playground purposes during regular school hours;" and
WHEREAS, the Warranty Deed further provided for the parties to "locate a suitable and
appropriate pedestrian right -of -way providing access from the footbridge located at the southern
extremity of said property and extending over a suitable portion of the said parcels ... up to 77th
Street "; and
WHEREAS, pursuant to the Warranty Deed's requirements, an asphalt pedestrian right-of-
way was constructed on the Land, from 77th Street to the southeast boundary of the (jointly- owned)
Land, and continuing eastward thereon to 75th Street, along a portion of property owned by the
Board, as described and depicted in Exhibit "B" to Composite Exhibit No. 1 attached hereto (the
"Pedestrian Right -of- Way "); and
WHEREAS, on or about September 20, 2001, the City Commission of the City of Miami
Beach adopted Resolution No. 2001 - 24599, approving a Joint Use Agreement between the City and
the Board, a copy of which is attached hereto as Exhibit "C" of Composite Exhibit No. 1 attached
hereto (the "Agreement"); and
WHEREAS, on or about September 12, 2001, the Board approved Board Action No.
101,428, and authorized the Agreement; and
WHEREAS, the purpose of the Agreement was to allow the Board to construct certain
recreational improvements on the Land, including a parking lot with 106 parking spaces, six (6)
multi- purpose hard surface courts, with nine (9) foot basketball posts, landscaping, irrigation , and
related improvements, and to memorialize the terms and conditions under which the Land and the
School playfield area and recreational facilities (collectively, the "Premises," as depicted in an exhibit
to the Agreement) will be jointly used; and
WHEREAS, Article V of the Agreement provides the City and the School Board with the right
to construct additional improvements on the Premises, subject to the prior written approval of the
other party; and
WHEREAS, the City desires to resurface and improve the Pedestrian Right -of -Way, to
permit the Pedestrian Right -of -Way to be used as both a sidewalk and a pedestrian bicycle path
connecting 77th Street to 75th Street, at the City's sole cost and expense; and
WHEREAS, the City further desires to construct additional recreational improvements to the
Premises, for installation of a soccer field on a portion of the Premises, for the benefit of the Parties,
and at the City's sole cost and expense; and
WHEREAS, the proposed terms and conditions for the City to design, construct, fund and
maintain the Pedestrian Right -of -Way and the soccer field improvements is set forth in Amendment
No. 1 to the Agreement, a copy of which is attached hereto as Composite Exhibit No. 1 hereto
( "Amendment No. 1"); and
WHEREAS, in a desire to advance the project as expeditiously as possible, on February 23,
2018, the Finance and Citywide Projects Committee ( "Finance Committee ") recommended that the
Mayor and City Commission approve Amendment No. 1, in substantial form, pending comments
from the School Board with respect to Amendment No. 1; and
WHEREAS, in view of the ongoing discussions with the School Board, the Administration
recommends that the Mayor and City Commission further authorize the City Manager to finalize
negotiations with the School Board, consistent with the essential terms set forth in Amendment No.
1, and further authorize the Mayor and City Clerk to execute Amendment No. 1, in a form acceptable
to the City Attorney, upon conclusion of successful negotiations by the Administration.
NOW THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby accept
the February 23, 2018 recommendation of the Finance and Citywide Projects Committee, and
approve, in substantial form, Amendment No. 1 to the September 21, 2001 Joint Use Agreement
between the City of Miami Beach, Florida and the School Board of Miami -Dade County ( "School
Board ") relating to land adjacent to Biscayne Elementary School that the City jointly owns with the
School Board; with such Amendment No.1 providing for the City to design, construct, and maintain
certain improvements to the existing pedestrian right of way between 77th Street and 75th Street, to
be used as both a sidewalk and a pedestrian bicycle path, with the cost for design and construction
not -to- exceed $200,000; and providing for the City to design, construct and maintain a soccer field
and related improvements, with the design and construction cost not -to- exceed $146,500; further,
authorizing the City Manager to finalize negotiations with the School Board on such terms as the
City Manager may deem to be in the City's best interest, consistent with the essential terms set forth
in Amendment No. 1; and further authorizing the Mayor and City Clerk to execute Amendment No.
1, in a form acceptable to the City Attorney, upon conclusion of successful negotiations by the
Administration. I"7 PASSED AND ADOPTED this /1 day of 2018.
ATTEST:
44/2 s !r
Rafael E. Granado, City Clerk f�L
. 0 t
Dan Gelber, Mayor
C)BATED
✓!I <t
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
City Attorney (-P Date
tvijAM
BEACH
Resolutions - C7 K
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: April 11, 2018
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, ACCEPTING THE FEBRUARY 23, 2018
RECOMMENDATION OF THE FINANCE AND CITYWIDE PROJECTS
COMMITTEE, AND APPROVING, IN SUBSTANTIAL FORM, AMENDMENT NO. 1
TO THE SEPTEMBER 21, 2001 JOINT USE AGREEMENT BETWEEN THE CITY
OF MIAMI BEACH, FLORIDA AND THE SCHOOL BOARD OF MIAMI -DADE
COUNTY ( "SCHOOL BOARD ") RELATING TO LAND ADJACENT TO BISCAYNE
ELEMENTARY SCHOOL THAT THE CITY JOINTLY OWNS WITH THE SCHOOL
BOARD; WITH SUCH AMENDMENT NO. 1 PROVIDING FOR THE CITY TO
DESIGN, CONSTRUCT, AND MAINTAIN CERTAIN IMPROVEMENTS TO THE
EXISTING PEDESTRIAN RIGHT OF WAY BETWEEN 77TH STREET AND 75TH
STREET, TO BE USED AS BOTH A SIDEWALK AND A PEDESTRIAN BICYCLE
PATH, WITH THE COST FOR DESIGN AND CONSTRUCTION NOT -TO- EXCEED
$200,000, AND PROVIDING FOR THE CITY TO DESIGN, CONSTRUCT AND
MAINTAIN A SOCCER FIELD AND RELATED IMPROVEMENTS, WITH THE COST
FOR DESIGN AND CONSTRUCTION NOT -TO- EXCEED $146,500; FURTHER,
AUTHORIZING THE CITY MANAGER TO FINALIZE NEGOTIATIONS WITH THE
SCHOOL BOARD ON SUCH TERMS AS THE CITY MANAGER MAY DEEM TO BE
IN THE CITY'S BEST INTEREST, CONSISTENT WITH THE ESSENTIAL TERMS
SET FORTH IN AMENDMENT NO. 1; AND FURTHER AUTHORIZING THE MAYOR
AND CITY CLERK TO EXECUTE AMENDMENT NO. 1, IN A FORM ACCEPTABLE
TO THE CITY ATTORNEY, UPON CONCLUSION OF SUCCESSFUL
NEGOTIATIONS BY THE ADMINISTRATION.
RECOMMENDATION
In view of the ongoing discussions with the School Board, the Administration recommends that the
Mayor and City Commission authorize the City Manager to finalize negotiations with the School
Board, consistent with the essential terms set forth in Amendment No. 1, and further authorize the
Mayor and City Clerk to execute Amendment No. 1, in a form acceptable to the City Attorney, upon
conclusion of successful negotiations by the Administration.
ANALYSIS
The City and the Board each make available recreational programs, activities and facilities for the
use and benefit of the students of Miami -Dade County Public Schools and residents of the City of
Miami Beach, and September 25, 1972, the City and the Board jointly purchased a parcel of real
property located adjacent to Biscayne Elementary School. The Warranty Deed specified that the
Land shall "be used jointly for park and playground recreational purposes only," provided that the
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Board "shall have prior and paramount right to the use of the Lands for playground purposes during
regular school hours. Pursuant to the Warranty Deed's requirements, an asphalt pedestrian right -of-
way was constructed on the Land, from 77th Street to the southeast boundary of the (jointly- owned)
Land, and continuing eastward thereon to 75th Street, along a portion of property owned by the
Board.
On September 20, 2001, the City Commission of the City of Miami Beach adopted Resolution No.
2001 - 24599, approving a Joint Use Agreement between the City and the Board. The purpose of the
Agreement was to allow the Board to construct certain recreational improvements on the Land,
including a parking lot with 106 parking spaces, six (6) multi- purpose hard surface courts, with nine
(9) foot basketball posts, landscaping, irrigation, and related improvements, and to memorialize the
terms and conditions under which the Land and the School playfield area and recreational facilities.
Article V of the Agreement provides the City and the School Board with the right to construct
additional improvements on the Premises, subject to the prior written approval of the other party.
The City desires to resurface and improve the Pedestrian Right -of -Way, to permit the Pedestrian
Right -of -Way to be used as both a sidewalk and a pedestrian bicycle path connecting 77th Street to
75th Street, at the City's sole cost and expense, and to construct additional recreational
improvements to the Premises, for installation of a soccer field on a portion of the Premises.
The proposed terms and conditions for the City to design, construct, fund and maintain the
Pedestrian Right -of -Way and the soccer field improvements is set forth in Amendment No. 1 to the
Agreement. In a desire to advance the project as expeditiously as possible, on February 23, 2018,
the Finance and Citywide Projects Committee recommended that the Mayor and City Commission
approve Amendment No. 1, in substantial form, pending comments from the School Board with
respect to Amendment No. 1.
CONCLUSION
In view of the ongoing discussions with the School Board, the Administration recommends that the
Mayor and City Commission authorize the City Manager to finalize negotiations with the School
Board, consistent with the essential terms set forth in Amendment No. 1, and further authorize the
Mayor and City Clerk to execute Amendment No. 1, in a form acceptable to the City Attorney, upon .
conclusion of successful negotiations by the Administration.
Legislative Tracking
Organizational Development Performance Initiatives
Sponsor
Commissioner John Elizabeth Aleman
ATTACHMENTS:
Description
o Resolution
o Agreement DRAFT
575
AMENDMENT NO. 1 TO THE
SEPTEMBER 21, 2001 JOINT USE AGREEMENT
BETWEEN
THE CITY OF MIAMI BEACH, FLORIDA
AND
THE SCHOOL BOARD OF MIAMI-DADE COUNTY
This Amendment No. 1 to the Joint Use Agreement dated September 20, 2001, is
entered into this day of , 2018 ("Amendment No. 1'') between the CITY OF
MIAMI BEACH, a Florida municipal corporation ("City"), and THE SCHOOL BOARD OF
MIAMI-DADE COUNTY, a body corporate and politic ((the "Board") (each, a "Party" and
collectively, the "Parties").
WITNESSETH:
WHEREAS, the City and the Board each make available recreational programs,
activities and facilities for the use and benefit of the students of Miami-Dade County Public
Schools and residents of the City of Miami Beach; and
WHEREAS, on or about September 25, 1972, the City and the Board jointly purchased a
parcel of real property (the 'Land") located adjacent to Biscayne Elementary School (the
"School"), as evidenced by that certain warranty deed, duly recorded in O.R. Book 7925, Page
863, of the public records of Miami-Dade County, a copy of which is attached as Exhibit "A"
hereto and made a part hereof (the "Warranty Deed");
WHEREAS, the Warranty Deed specified that the Land shall 'be used jointly for park
and playground recreational purposes only," provided that the Board "shall have prior and
paramount right to the use of the Lands for playground purposes during regular school hours;"
and
WHEREAS, the Warranty Deed further provided for the parties to "locate a suitable and
appropriate pedestrian right-of-way providing access from the footbridge located at the southern
extremity of said property and extending over a suitable portion of the said parcels . . up to 77"
Street"; and
WHEREAS, pursuant to the Warranty Deed's requirements, an asphalt pedestrian right
of-way was constructed on the Land, from 77th Street to the southeast boundary of the (jointly-
owned) Land, and continuing eastward thereon to 75th Street, along a portion of property owned
by the Board, as described and depicted in Exhibit "B" attached hereto and made a part hereof
(the "Pedestrian Right-of-Way"); and
WHEREAS, on or about September 20, 2001, the City Commission of the City of Miami
Beach adopted Resolution No. 2001-24599, approving a Joint Use Agreement between the City
and the Board, a copy of which is attached hereto as Exhibit "C" (the "Agreement"); and
WHEREAS, on or about September 12, 2001, the Board approved Board Action No.
101,428, and authorized the Agreement; and
WHEREAS, the purpose of the Agreement was to allow the Board to construct certain
recreational improvements on the Land, including a parking lot with 106 parking spaces, six (6)
multi-purpose hard surface courts, with nine (9) foot basketball posts, landscaping, irrigation ,
and related improvements, and to memorialize the terms and conditions under which the Land
1
579
and the School playfield area and recreational facilities (collectively, the "Premises," as depicted
in Exhibit "B" of the Agreement) will be jointly used; and
WHEREAS, Article V of the Agreement provides each Party with the right to construct
additional improvements on the Premises, subject to the prior written approval of the other
Party; and
WHEREAS, the City desires to resurface and improve the Pedestrian Right -of -Way, to
permit the Pedestrian Right -of -Way to be used as both a sidewalk and a pedestrian bicycle path
connecting 77th Street to 75th Street; and
WHEREAS, the City further desires to construct additional recreational improvements to
the Premises, for installation of a soccer field on a portion of the Premises, for the benefit of the
Parties.
NOW THEREFORE, the City and the Board, for and in consideration of the mutual
covenants, agreements and undertakings herein contained, do by these presents mutually
covenant and agree to amend the Lease Agreement, as follows:
RECITALS
The recitals to this Amendment No, 1 are incorporated by reference as if fully set forth herein.
II.
CITY'S CONSTRUCTION OF IMPROVEMENTS
A. Pedestrian Right -of -Way Improvements.
1. The City shall, at its sole cost and expense, be responsible for designing, permitting,
developing and constructing improvements to the Pedestrian Right -of -Way, consisting of the
resurface and/or replacement of the existing asphalt path with a 8' Type S -1 asphalt path,
upgrading of lighting (if necessary), signage and pavement markings, and replacement of any
impacted landscaping (the "Right -of -Way Improvements "). The asphalt path constructed as part
of the Right -of -Way Improvements shall have the same dimensions (a width of approximately 8
feet) as the existing asphalt path on the Pedestrian Right -of -Way.
2, The City anticipates that the total budget for the Right - of-Way Improvements shall be
approximately $200,000, and the Right -of -Way Improvements shall be designed to this budget,
with the City bearing full responsibility for the costs and expenses thereof.
3. City shall utilize its good -faith efforts to coordinate the design, planning and construction
of the Right -of -Way Improvements with the Board, to ensure that the construction does not
unreasonably interfere or conflict with the Board's ability to use the Premises in accordance with
the Agreement,
4. All work relating to the Right -of -Way Improvements shall be performed within the
Pedestrian - Right -of -Way, and outside of the School grounds. In no event shall the existing
fence separating the School grounds from the Pedestrian - Right -of -Way be disturbed,
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580
5. In no event shall the Right -of -Way Improvements include any park benches, seating or
any components that could encourage loitering,
6. Prior to commencing with the construction of the Right -of -Way Improvements, City shall
submit its proposed final plans for the Right -of -Way Improvements to the Board, to permit the
Board to verify that the City's final plans for the Right -of -Way Improvements are consistent with
the scope of the Right -of -Way Improvements as set forth in this Amendment No. 1, The City
shall also submit to the Board a detailed plan, acceptable to the School Administrator in his /her
sole authority, delineating how the City and /or its contractors will implement all necessary safety
measures within and around the Pedestrian -Right of Way, due to the City's construction
activities.
7. The Parties agree to execute the Use and Maintenance Agreement attached hereto as
Exhibit "D," to provide for City's obligations to maintain the Pedestrian Right -of -Way, for the
benefit of the general public.] [To be included if the School Board believes necessary to do so,
B. Soccer Field Improvements
1. The City shall, at its sole cost and expense, be responsible for designing, permitting,
developing and constructing improvements to the portion of the Premises, as depicted in Exhibit
"E" attached hereto, for the construction of a soccer field, including re- grading the area,
replacement of the sod and associated irrigation; the installation of soccer goals, along with
safety netting between the soccer goal and the basketball courts; installation of a perimeter
galvanized chain link fence (from the north to the south of the Premises, as depicted in Exhibit
E), to separate the School grounds from the soccer field area; installation of a drinking fountain;
signage (including signage identifying location of nearby restrooms); and replacement of
impacted landscaping (collectively, the "Soccer Field Improvements "),
2, The City's total budget for the Soccer Field Improvements shall not exceed $146,500.
The Soccer Field improvements shall be designed to this budget, with the City bearing full
responsibility for the costs thereof.
3. City shall utilize its good -faith efforts to coordinate the design, planning and construction
of the Soccer Field Improvements, to ensure that the construction does not unreasonably
interfere or conflict with the Board's ability to use the Premises in accordance with the
Agreement.
4. All work relating to the Soccer Field Improvements shall be performed within the portion
of the Premises depicted in Exhibit "E," and outside of the School grounds. City's contractors
shall have reasonable access to the Premises to perform the Soccer Field Improvements, with a
means of ingress /egress from 77th Street, and shall have reasonable access to a construction
temporary staging area within the Premises, with the precise location to be mutually agreed -
upon between the City and Board. All construction areas shall be completely partitioned from
non - construction areas.
5, Prior to commencing with the construction of the Soccer Field Improvements, City shall
submit its proposed final plans for the Soccer Field Improvements to the Board, to permit the
Board to verify that the City's final plans for the Soccer Field Improvements are consistent with
the scope of the Soccer Field Improvements, as set forth in this Amendment No. 1. The City
shall also submit to the Board a detailed plan, acceptable to the School Administrator in his /her
sole authority, delineating how the City and /or its contractors will implement all necessary safety
measures within and around the Premises, due to the City's construction activities.
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581
General
Irppvem
or Rich
a
e
collectively,.the " impravemen'.
and Soc
Field
1. Licensed Contractorsli?errnis, The City shall be responsible for the selection
of licensed contractors and design professionals for the Improvements, in accordance with the
requirements of the City Code and Florida law, The City shall cause for all work relating to the
Improvements to be performed by duly licensed and insured contractors, pursuant to all
required permits from all applicable jurisdictional agencies, and said permits shall be duly closed
upon completion of the Improvements, without demand. Following the completion of the
Improvements, City shall provide proof of closure of all required permits to the Board, within
thirty (30) days of request to provide same.
2. Contractor Indemnj y and insurance. City shall cause its contractors to
indemnify and hold harmless Board, and its officers, employees, and agents, from and against
any and all claims, suits, aotions, damages or causes of actions arising from or in connection
with the performance of the Improvements, and for any personal injury, loss of life or damage to
property sustained in or about the Premises or in connection with the Improvements. In addition,
as a condition precedent to the commencement of any work, City's contractor(s) shall provide
proof of the following minimum levels of insurance: (1) Commercial General Liability Insurance
in an amount not less than $ 1 Million combined single limit per occurrence for bodily injury and
property damage, (2) Automobile Liability Insurance covering all owned, non -owned and hired
vehicles used in collection with the operations of the City's contractor, in an amount not less
than $1 million combined single limit per occurrence for bodily injury and property damage, and
(3) Workers' Compensation Insurance for all employees of City "s contractor as required by
Florida Statutes. "The School Board of Miami -Dade County, Florida and its members, officers
and employees " shall be an additional insured on all liability coverages, except Workers'
Compensation Insurance.
3. No Liens. City shall permit no Hens to be filed or attached to the Premises, the
Pedestrian Right -of -Way or School for any reason whatsoever, including, but not limited to as a
result of the work performed by City or its contractor in connection with the improvements.
Should any lien be filed, City shall cause said lien to be paid off or bonded off within thirty (30)
days of its filing, at City's sole cost and expense.
4. pa +e to or Destruction of tte irn *rovernents, In the event the
Improvements should be destroyed by fire, windstorm, or other casualty, the City shall be solely
responsible for either (1) repairing or replacing the Improvements, subject to funding availability,
as determined by the City Commission at its sole discretion; or (2) restoring the Premises to a
condition comparable to that which existed prior to the undertaking of the Improvements, so that
the Premises are, at a minimum, tenantable and fit for their originally intended purposes,
5. Llabilit or Dania «e or injury. The Board shall not be liable for any damage or
injury which may be sustained by City or any persons in connection with the performance of the
Improvements, other than damage or injury resulting from the gross negligence or culpable
conduct on the part of the Board, its agents, representatives or employees, subject to and within
the limitations of Section 768.28, F,S., as same may be amended from time to time.
6, No Liabilit for Persranl Property. City agrees to insure or self - insure its
interests in personal property in connection with to performance of the Improvements, to the
extent it deems necessary or appropriate, and h by waives all right to recover for loss or
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damage by any means and waives all rights to recovery for loss or damage to such propertyiy
any cause whatsoever. The City hereby waives all rights of subrogation against the Board under
any policy or policies it may carry, or on property placed or moved onto the Premises or the
Pedestrian Right - of-Way in the performance of the Improvements. This provision shall survive
the expiration or early termination or cancellation of this Easement,
7. Jessica Lunsford Act. In accordance with Sections 1012.32, 1012.465 and
435.04, Florida Statutes, and as each may be amended from time to time, and School Board
Policies, and as same may be amended from time to time, City agrees that all of its employees,
agents or other individuals who provide or may provide services under this Amendment No. 1
shall complete all background screening requirements as outlined in the above- referenced
statutes and applicable School Board Policies. City agrees that each of its contractors,
employees or agents or other individuals who will be permitted access to City's, property while
students are present, or who will have direct contact with students, must pass level 2 screening
requirements as described in Sections 1012.32 and 435.904, Florida Statutes. City agrees to
bear any and all costs associated with acquiring the required background screening.
8. Sovereign Immunity. No provision contained in this Amendment No. 1 shall be
construed or deemed a waiver of either Party's sovereign immunity.
9. Compliance with Federal, State and Local Laws, Each Party shall comply with
all applicable laws, rules, regulations, ordinances and codes of all governmental authorities,
including without limitation, the Florida Building Code, Jessica Lunsford Act, the Americans with
Disabilities Act, and the City Code, as all may be further amended from time to time and to the
extent required by applicable law.
III.
MAINTENANCE OF THE IMPROVEMENTS
Notwithstanding any provision to the contrary in Article VII of the Agreement:
A. Citv's Responsibilities for Maintenance of the Pedestrian - Right -of -Way,
1. Upon completion of the Right -of -Way Improvements, the City shall be responsible for the
repair, maintenance and upkeep of the Pedestrian Right -of -Way, and shall keep the Pedestrian
Right -of -Way in a reasonably safe and clean condition.
2. The City shall be responsible for litter pick -up and removal, trimming and maintenance of
trees and shrubs along the Pedestrian Right -of -Way, and mowing, edging and trimming.
B. Board's Responsibility to Maintain Perimeter Fence Adjacent to Pedestrian Riaht-
of -Way.
The Board shall be responsible for maintaining the perimeter fence along the Pedestrian Right -
of -Way.
C. Citv's Responsibilities for Maintenance of the Soccer Field Improvements.
1. The City shall be responsible for the repair, maintenance and upkeep of the area where
the Soccer Field Improvements are constructed ( "Soccer Field "), and shall keep the Soccer
Field in a reasonably safe and clean condition.
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2. The City shall repair and maintain the portions of the irrigation system serving the
Soccer Field.
3. The City shall provide regularly scheduled janitorial service at the Soccer Field, including
litter pick -up and removal, and shall provide for mowing, edging and trimming of the Soccer
Field on a regular basis.
4. Each Party shall be responsible for repair of equipment or facilities damaged during its
period of use. Notwithstanding the provisions of this Article III, each Party agrees, at the
request of the other Party, to repair and facilities located on the Soccer Field, where either Party
can clearly substantiate that the facilities were damaged as a result of the actions of the other
Party, or during the other Party's period of use.
IV.
UTILITIES
The Board shall be responsible for payment of the utilities consumed on the Premises,
including the Pedestrian Right -of -Way.
V.
115E OF SOCCER FIELD PORTION OF THE PREMISES
Notwithstanding any provision to the contrary in Article IV of the Agreement:
A. The Board shall have full control, custody, right and use of the Soccer Field during
regular school hours on regular school days, for special school events and functions, after
school programs, and at all other times except during the City's period of use as specified
herein. For purposes of determining the "regular school days" referenced herein, the Parties
shall adhere to the Miami -Dade County Public Schools Elementary and Secondary School
Calendar (the "Elementary and Secondary School Calendar "), as the same may be updated
annually.
B. The City shall have full control, custody, right and use of the Soccer Field, from Monday
through Friday, from 5: 00 p.m. (or any other time determined through mutual agreement
between the Board and the City) until sunset; and from sunrise to sunset on weekends and all
days other than regular school days, in accordance with the Elementary and Secondary School
Calendar. The City shall, during each day of its use, lock the gates to the public entrance to the
Soccer Field (at or near 77Th Street), and empty the trash receptacles at the Soccer Field,
C. Neither Party shall commit nor permit any violations of applicable laws, rules and
regulations of the Board, City, Miami -Dade County, State of Florida or the federal government
upon the Soccer Field, The City and the Board may promulgate and enforce reasonable rules
and regulations governing their use of the Soccer Field.
VI,
RATIFICATION OF JOINT USE AGREEMENT
AND JOINT OWNERSHIP OF IMPROVEMENTS
A. The Parties agree that the improvements to the Premises contemplated by this
Amendment No. 1, including the Right -of -Way Improvements and the Soccer Field
Improvements, shall at all times jointly be the property of the City and the Board,
B. Except as specifically amended herein, all other terms and conditions of the Agreement
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shall remain in full force and effect. In the event there is a conflict between the provisions
provided herein and the Agreement, the provisions of this Amendment No. 1 to the Agreement
shall govern.
Remainder of Page Intentionally Left Blank
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IN WITNESS WHEREOF, this Amendment has been duly executed by the parties hereto
as of the day and year first written above.
BY CITY:
Attest:
Rafael Granado, CITY CLERK
BY BOARD;
Attest:
Signature
Print Name
CITY OF MIAMI EEACH, FLORIDA
Dan Gelber, MAYOR
THE SCHOOL. BOARD OF MIAMI-DADE
COUNTY
8
586
[Name/title]
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
3-46
I y A nay e Date
EXHIBIT "A"
Warranty Deed
587
Miami -Dade Official Records - Print Document
TATtze,14 7a
'72 OCT 5 P }! 3 ; g
Thla Instrument was Propwred 8yi
FRAM( A. HOWARD, JR,
+I r��ry Attorhey nt LAW
NIi� U 'r!(]e6 3i VIJU HICHOLSON, HOWAOn, c0IAWNER f. IAVETT
v rU 4ltJU 221 9aourity Trust Bldg.
Hiami, Pin. 33131
WARRANTY 119617
TH12 INDENTURE made thin 25th ..day of September, 1972,
between the CITY oP MIAMI BEACH, a Florida municipal corporation,
party of the Ciret part, and TNY 9CIio0[, BOARD or ANSE COUNTY,
F orm:5A, a Uady oor pornto and politic under the lawn of the State
of Florida, whose poet office addYaew La 1410 N.B. 9acond Avenue,
Miami, Florida 53107, party of the second part.
WITHESSISTHI That the said party of the first part.,
far And in connldoration of the sum of Tan and 00/100 (¢10,001
Dollars end other valuable ooneiderationa to it an hand paid by
the chid party of tho pecond port, the rotoipt whereof is hereby
.acknnwtodped, hoe granted, bargained and sold to the said party
of the second part, Lte successors and ensigns forever, the
following described Lena situate, lying and boing in tho County
of bade, end State, of 1^toridn, to -wit,
An undleided one -hn11 interest in and to
Gate 4 through 7, inclusive, lase the
taatar1y 94' of Lot 7, clock a, TATUM
W#TERWNY OVBDIV.I9t0N, aor;ording to the
Prat thereof recorded In Plat nook 46
At Page 2 of the Public Rscorda of Dodo
County, rlorlde,
The parties haroby agree end covenant
with aech other, for thamsolvoe, their
euatoasore and aeaigne, that the above -
dea5'ribed Lando ahoil hereafter be mood
jointly for park and playground re-
creational pairpowes only, provided that
tho pmzty or the second part, the 9choo1
Board of Ands County, Florida, shell
have prior and paramount right to the
use of the lanais for playground purpose■
during regular school hours, The parties
further agree jointly to ass their bast
affnrts to ,lose and vaonte that portion
.of the dedicated street known as Tatum
Wotarway Drive which adjnina and Iles
bntwean the above -donor bed Lando and
the adjacent school alto owned by the
,party or the second part, to the and
that the foe nimpie title to the land
new lying within the boundaries of egad
dedicated street will revert to the partiaa
hereto th accordance with law.
Tho partioa hereto jointly agroo to locate
a suitable and appropriate podeatrinn rlgyht-
of «woy providing access from the footbridge
located at the southern extremity or paid
property and extending ever a suitable
portion of the sold parcels of lend horoby con-
voyed up to 77th 8trost, the location, typo,
and sods or aonatruotion to be mutually ga mad
upon between the parties,
Baok7925 /Page363 CFN #99720224478
Pace 1 of 2
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588
Miami -Dade Official Records - Print Down ent
m 7125 ;r 304
And the amid porky of the first pant dons hereby folly
5,arteht the title tc said land, end will defend the cams again:'t
the lawful Claims of all persons whomeoover..
1N wiTrusd wf11-'nrop, the said party of the first part
hoe caved theirs presents to bo Bigned in Ito mina by its proper
officers, and its aorporato meal to be affixed, the day and year
abcva written.
THri CxTY or MIAMT DBAC1f
BY (DA-A"Ii`C-5I-
dyer
Attest'
C ty C or -F nonce O recto
Signed, pea tar] and dalivored in
tho rJresenea of eel
STATE OF FLORIDA
COUNTY OF 11ADE'
1 IMAM cfrri+TrY, that on this A r day of tleptember,
1272, before ma personally appeared CNUcX HALL and RUTH 14. AOULDAIJ,
Hoyor and City Clerk-Pinenas Aireotor rmcpeottvely., of the City of
Miami Beach, a Florida municipal corporation, to me known tote the
parsons who signori the foregoing instrument as auvh otflooxo and
eaiturally acknowledged the execution thereof to be their free act
and dead ei ouch offioora for the Uspo and purpooes therein mentioned
and that they offload thereto the offigioL at of said corporation
and that the 'aid instrument is the act and deed of Hold corporation.
WnwSeB my hand and o181aial Boat at A` ;re,,c,
in the County of Dodo and State of Florida. the
day and your loot aforesaid.
• • ..� ,,,,,,.'.C. ,'.irr.A r s.Ya.eti;" ?:j
Hp1AAY WVtit.lalrf N nMIbA {1 wog z ,DNAn r 4'� �;
kY OMUISbMa MALI JULY. M, HH rN `, ' t 1'' J It
:yfj`( rUU1.1G
o4e„,71G .'
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589
EXHIBIT "B"
Legal Description for Pedestrian Right of Way
590
HAYITKO RN E
SCHOOL
SUBJEC
SITE
77
76 �D
75
73
1
1
LOCATION SKETCH
NOT TO SCALE
SURVEYORS NOTES:
i. THE SKETCH IS NOT A BOUNDARY SURVEY, THIS NOTE IS REWIRED BY RULE SJ- 17,053(S)(b) FAC
2. BEARINGS SHOWN HEREON ARE RASE UPON FLORIDA STATE PLANE COORDINATE SYSTEM, EAST ZONE NAD
1983/90, REFERENCED TO THE SOUTHERLY RIGHT— OF—WAY LINE OF 77th STREET, WHICH IS ASSUMED TO
BEAR S86'37'59'W,
�. THIS SKETCH OF DESCRIPTION IS NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A
FLORIDA LICENSED SURVEYOR AND MAPPER,
4. THE LEGAL DESCRIPTION AND SKETCH OF DESCRIPTION IS NOT FULL AND COMPLETE WITHOUT A SHEETS L -1
THROUGH L -2.
CERTIFICATION;
I HEREBY CERTIFY THIS 'LEGAL DESCRIPTION AND
SKETCH' I5 CORRECT AND MEETS THE STANDARDS
DE PRACTICE FOR SURVEYING AND MAPPING IN THE
STATE OF FLORIDA AS SET FORTH IN CHAPTER
472.02'/ (F.S.) AND CHAPTER 5J -17 OF THE FLORIDA
ADMINISTRATIVE CODE,
•
BRIAN T, BELLING
CITY SURVEYOR MANAGER
PROFESSIONAL SURVEYOR AND MAPPER NO,4973
DATE
THE LEGAL DESCRIPTION AND THE
SKETCH OF DESCRIPTION IS NOT
FULL AND COMPLETE WITHOUT ALL
SHEETS L -1 THROUGH L -2,
MIAMI BEACH
ACCEPTED BY:
REVISED
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PUBLIC WORKS DEPARTMENT
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NORTH �hIORE
PROJECT NO,
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LEGAL DESCRIPTION
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Exhibit "C"
Joint Use Agreement dated September 20, 2001
593
J11111IIISEAGREEMENI
THIS JOINT USE AGREEMENT is made and entered into this 20th day of
September, 2001, by and between the CITY OF MIAMI BEACH, FLORIDA, a municipal
corporation of the State of Florida (hereinafter referred to as the "City"), and THE SCHOOL
BOARD OF MIAMI-DADE COUNTY, FLORIDA, a body corporate and politic (hereinafter
referred to as the "Board").
WITNESSED:I
WHEREAS, the City and the Board are mutually interested in and concerned with
providing and making available recreational programs, activities and facilities for the use
and benefit of the students of Miami-Dade County Public Schools and the people of the
City of Miami Beach; and
WHEREAS, the City and the Board jointly purchased a parcel of real property (the
"Land") located adjacent to Biscayne Elementary School (the "School") as evidenced by
that certain Warranty Deed dated September 25, 1972, a copy of which is attached as
Exhibit "A" hereto and made a pad hereof, for use of same for park and playground
recreational purposes; and
WHEREAS, in order to properly serve the School's educational needs, it has
become desirable and necessary that certain recreational improvements be partially
located on the Land, as well as on the School grounds; and
WHEREAS, the City and the Board intend to enter into this Joint Use Agreement
("Agreement") in order to allow the Board to construct certain recreational improvements
on the Land, and to memorialize the terms and conditions under which the Land and the
School playfield area and recreational facilities will be jointly used; and
WHEREAS, the City and the Board also intend to enter into a separate agreement
to allow the City to use a portion of Miami Beach Senior High School, on a temporary
basis, to facilitate access to the City's Public Works yard during the construction of Fire
Station #2; and
WHEREAS, the City Commission of the City of Miami Beach by the adoption of
Resolution No. 2001-24599, at its meeting of September 20, 2001, approved this
Agreement; and
WHEREAS, the School Board of Miami-Dade County, Florida, has authorized this
Agreement and the Miami Beach Senior High School Temporary Use Agreement :in ---
accordance with Board Action No. iOI,4Lg at its meeting of ,ScetarA21, 20,01.
1
Page 1312 of 1435
594
NOW THEREFORE, for and in consideration of the conditions and covenants
hereinafter contained and other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, the parties hereto agree as follows:
RECLTALS
The foregoing recitals are true and correct and are incorporated herein by reference.
11.
EREMi$E$ To B OINTLY
The City and Board agree to jointly use the Land and the School piayfield area and
recreational facilities, as further described in Articles IV and V of this Agreement, lying and
being in the County of Miami -Dade, State of Florida, and more particularly described in
Exhibit "i3': attached hereto and made a part hereof (the Land and the School playfield area
and recreational facilities shall hereinafter be collectively referred to as the "Premises ").
TERM
This Agreement shall commence an the later date of School Board approval and
City of Miami Beach Commission approval (the "Commencement Date "), and shall be for
a term of five (5) years, and shall automatically renew at the end of said five (5) year term
for successive five (5) year periods, unless canceled or terminated in accordance with
Paragraphs XII and XVI hereinbelow. The City and Board shall confirm the
Commencement Date in a separate written instrument which shall become a part of this
Agreement by reference.
IV.
USE OF PREMISES
The specific area of use by the City and Board shall be limited to the Premises, as
identified in E ibit a, and shall be used by the parties for the purpose of constructing
recreational improvements thereon, as further defined in Article V of this Agreement, and
for the operation of recreational and /or educational programs.
The Board shall have full control, custody, right and use of the Premises during
regular school hours on regular school days, for special school events and functions, after -
care, summer school, and at all other times except during the City's period of use, The
City shall have full control, custody, right and use of the Premises during its specific period
2
Page 1313 of 1435
595
f
of use, which shall be reserved by the City in writing by providing a minimum of seventy-
two (72) hours prior written notice to the school administrator, with such use being limited
to after school hours on a space available basis.
Neither party shall commit nor permit any violations of applicable laws, rules and
regulations of the BOARD, CITY, COUNTY, STATE, or FEDERAL, GOVERNMENT upon
the Premises. The City and Board may promulgate and enforce reasonable rules and
regulations governing their use of the Premises, and shall provide adequate supervision
of the Premises during their period of use.
V.
ELLTUBEARIlearBg..1 WaROVEMEN,1:5
The Board, at its sole cost and expense, shall construct certain improvements on
the Premises, substantially in conformance with those improvements set forth on Exhibit
"C" attached hereto and made a part hereof (the "Improvements"), The parties agree that
the City may, at its option, install signage on the Premises indicating the hours of use or
other public use restrictions, provided that such signage is mutually approved by the
parties. The Board shall have the right to commence construction of the Improvements as
of the Commencement Date,
The Board shall remove and/or relocate a certain number of the portable
classrooms located on the School grounds in order to make approximately 130x250 feet
of open recreational space available as part of the Premises. In so doing, the Board
agrees to relocate, at its sole cost and expense, the electrical transformers, and any other
improvements, equipment, or structures in place as of the Commencement Date that would
interfere with the development of the aforementioned recreational space, except for the
two (2) portable classrooms located on the north end of the Land, and associated tot-lot
and parking lot located on the Land. Notwithstanding the foregoing and to the extent that
there is growth in the District's population which would require the need for additional
classroom space, the parties agree that the size of the open recreational space may be
decreased, at the Board's sole discretion, in the event it becomes necessary for the School
to place additional portable classrooms on the area within the School grounds otherwise
used as part of the open recreational space.
The Board shall have the right to construct additional educational or recreational
improvements on the School grounds, in the future, at its sole cost and expense, without
the prior written approval of the City, The Board shall also have the right to construct
additional recreational improvements on the Land, with the prior written approval of the
City.
The City shall have the right to construct additional recreational improvements an
the Premises, in the future, at its sole cost and expense, subject to prior written approval
3
Page 1314 of 1435
596
of the Board, or its designee. The parties further agree that any improvements constructed
on the Premises by the City shall comply with the Board's construction and safety criteria.
The City and Board agree to assign responsibility for Maintenance, Utilities and
Damage or Destruction (under provisions of Articles VII, VIII and XVI) of any additional
recreational improvements constructed by either party in the future as part of the approval
process set forth above. The parties further agree, subject to the provisions of Article XVIII
hereinbelow, that the Improvements, or any additional improvements constructed by either
party 1) on the Land shall at all times jointly be the property of the City and the Board; 2) on
the School shall at all times be the property of the Board.
VI,
TElyIPORARY_USE OF LAND BY BOARD
The Board shall have full access to the Land during construction of the
Improvements, and shall have the right to use the Land for temporary school parking and
as a temporary staging area, to the extent it is permitted by applicable law, while
construction of the Improvements is ongoing. Upon completion of the Improvements, the
Board agrees to restore the portion of the Land used as temporary parking and staging
area to at least the same condition as existed before construction of the Improvements
commenced, and as required to comply with all applicable municipal, County, State and
Federal laws and regulations,
VII.
MAINT NAN.c,E
The Board shall be responsible for all repair, maintenance and upkeep of the
Premises and the recreational improvements located thereon as of the Commencement
Date, and shall keep all recreational facilities and equipment in a safe, clean and working
condition. Notwithstanding the foregoing or the provisions of Article XVI of this Agreement,
responsibility for the maintenance of the Premises shall be as follows:
A. BQARD'S RESPONSIBILITIES
1. Provide regular scheduled janitorial service, including litter pick -up
and removal, at all times except during the City's period of use;
2. Repair of equipment or facilities damaged during its period of use;
3. Repair and maintain the irrigation system serving the Premises;
4, Irrigation of Premises according to Miami -Dade County Public
Schools routine maintenance schedule;
4
Page 1315 of 1435
597
5. Trim and maintain trees and shrubs;
6. Mowing, edging and trimming of Premises according to Miami-Dade
County Public Schools routine turf maintenance schedule; and
7, Repair and maintain perimeter fencing.
B. CLTY'S R$PONSIBILITIEa
1. Provide regular scheduled janitorial service, including lifter pick-up
and removal, during its period of use; and
2. Repair of equipment or facilities damaged during its period of use.
Notwithstanding the provisions of Article VII hereinabove, both parties agree, at the request
of the other party, to repair any facilities located on the Premises, where one party can
clearly substantiate that the facilities were damaged as a result of the actions of the other
party.
VI".
UTILITIES
The Board shall pay all utilities consumed on the Premises including all installation
and connection charges associated therewith. The City and Board shall each pay one.half
of any special assessments or other related fees imposed on the Land, subject to Board
and City approval, respectively, other than those charges voluntarily entered into by one
party or the other.
IX.
LIABILIIKEQRDAMAGES
The City shall not be liable for any damage or injury which may be sustained by the
Board or any persons on the Premises during the Board's period of use, other than
damage or injury resulting from the negligence or improper conduct on the part of the City,
its agents, representatives or employees, or failure of the City to perform its covenants
under this Agreement.
The Board shall not be liable for any damage or injury which may be sustained by
the City or any persons on the Premises during the City's period of use, other than damage
or injury resulting from the negligence or improper conduct on the part of the Board, its
agents, representatives or employees, or failure of the Board to perform its covenants
under this Agreement.
5
Page 1316 of 1435
598
IN_DanacejSaal
The Board covenants and agrees that it shall indemnify, hold harmless and defend
the City, from and against any and all claims, suits, actions, damages or causes of action
arising from or in connection with the Board's use and occupancy of the Premises, for any
personal injury, loss of life or damage to property sustained in or about the Premises, to
the extent of the limitations included within Section 768.28, Florida Statutes.
The City covenants and agrees that it shall indemnify, hold harmless and defend the
Board, from and against any and all claims, suits, actions, damages or causes of actions
arising from or in connection with the City's use and occupancy of the Premises, for any
personal injury, loss of life or damage to property sustained in or about the Premises, to
the extent of the limitations included within the Section 768.28, Florida Statutes.
Xl,
ASSIGNMENT
cept as otherwise provided in this Agreement, neither party shall assign, transfer,
or otherwise dispose of this Agreement during the term hereof, or sublet the Premises or
any part thereof or permit said Premises to be occupied by other persons, firms,
corporations, or governmental units without the other party's prior written consent.
XII.
Other than as provided below, this Agreement may be canceled by either party,
without penalty, with one (1) year advance written notice to the other party.
Notwithstanding the foregoing, the parties agree that cancellation of this Agreement shall
not serve to extinguish either party's right to use the Land and the improvements located
thereon for recreational purposes as provided in the Warranty Deed,
The City and Board agree that in the event either party conveys Its one-half interest
in and to the Land to another party, this Agreement shall automatically terminate without
any further action required on the part of the remaining party, effective the date of the
conveyance.
The City shall provide the Board with written notice of any failure to perform or
comply with the terms and conditions contained herein to be performed by the Board. If
the Board fails to cure said default within thirty (30) days of receipt of written notice, or
does not provide the City with a written response within thirty (30) days after receiving
6
Page 1317 of 1435
599
notification, indicating the status of the Board's resolution of the violations and providing
for a schedule to correct all deficiencies, the City shall have the right to terminate this
Agreement, without penalty, upon ten (10) days additional written notice to the Board,
The Board shall provide the City with written notice of any failure to perform or
comply with the terms and conditions contained herein to be performed by the City. If the
City fails to cure said default within thirty (30) days of receipt of written notice, or does not
provide the Board with a written response within thirty (30) days after receiving notification,
indicating the status of the City's resolution of the violations and providing for a schedule
to correct all deficiencies, the Board shall have the right to terminate this Agreement,
without penalty, upon ten (10) days additional written notice to the City.
In the event of the cancellation or termination of this Agreement by either party, the
School portion of the Premises and /or the improvements located on the Premises, as the
case may be, shall be surrendered in accordance with the provisions of Article XVIII
hereinbelow.
XIII.
%111ABILLTY.E1112RQBEB,DC
The City and Board agree to insure or self insure their respective interests in
personal property to the extent each deems necessary or appropriate and hereby mutually
waive all rights to recovery for doss or damage by any means and waive all rights to
recovery for loss or damage to such property by any cause whatsoever. The City and
Board hereby waive all rights of subrogation against each other under any policy or policies
they may carry, or on property placed or moved on the Premises.
XIV.
RIGHT OF ENTRY
The City, or any of its agents, shall have the right to enter the Premises during the
Board's period of use to examine the same upon reasonable notice to the school
administrator, provided, however, that such entry does not in any way interfere with the
Board's use of the Premises.
The Board, or any of its agents, shall have the right to enter the Premises during the
City's period of use to examine the same upon reasonable notice to the City's Park and
Recreation Department, provided, however, that such entry does not in any way interfere
with the City's use of the Premises.
7
Page 131$ of 1435
600
xv.
NOTICE AND GENERAL CON DMONS
A. All notices or other communications which shall or may be given pursuant to
this Agreement shall be in writing and shall be delivered by personal service or certified
mail addressed to the parties at their respective addresses indicated below, or as the same
may be changed in writing from time to time. Such notice shall be deemed given on the
day on which personally served, or if by mail, on the date of actual receipt.
To the Board:
With a copy to:
To the City:
With a copy to:
The School Board of Miami-Dade County, Florida
c/o Superintendent of Schools
1450 N.E. Second Avenue, Room 912
Miami, Florida 33132
Miarni-Dade County Public Schools
Governmental Affairs and Land Use Policy and
Acquisition
Attention: District Director
1450 N.E. Second Avenue, Room 525
Miami, Florida 33132
City Manager
City of Miami Beach, 4th Floor
1700 Convention Center Drive
Miami Beach, Florida 33139
City Attorney
City of Miami Beach, 4th Floor
1700 Convention Center Drive
Miami Beach, Florida 33139
B. Title and Paragraph headings are for convenient reference and are not
intended to confer any rights or obligations upon the parties to this Agreement.
C. For purposes of this Agreement, the Superintendent of Schools shall be the
party designated by the Board to grant or deny all approvals required by this Agreement,
or to cancel this Agreement as provided for herein.
XV1.
DAMAGE OR DESIRUCTLON.
In the event the Premises should be destroyed or so damaged by fire, windstorm
or other casualty to the extent the facilities are rendered untenantable or unfit for the
8
Page 1319 of 1435
601
purposes of the parties, either party shall have the right to cancel this Agreement by
providing written notice to the other party within ninety (90) days of such damage and
destruction. If neither party has canceled the Agreement within such 90-day period, the
Board shall cause the facilities, consisting of all improvements in place which were
constructed by the Board, to be repaired and placed in a safe and useable condition within
one hundred eighty (180) days from the date of said damage, or other reasonable period
of time as mutually agreed to by the parties. Should the facilities not be repaired and
rendered tenantable within the aforementioned time period, then the City may, at its sole
option, place the Board in default.
XVII.
110.1215LEIMINAID11.
Both parties agree that there will be no discrimination against any person based
upon race, color, sex, religious creed, ancestry, national origin, mental or physical
handicap, in the use of the Premises and the improvements located thereon. It is
expressly understood that upon a determination by a court of competent jurisdiction that
discrimination has occurred, this Agreement automatically terminates without any further
action on the part of the other party, effective the date of the Court Order.
XVIII,
auBRENDER_Qapitaues
Subject to the provisions of Article V hereinabove, at the termination or cancellation
of this Agreement, the party vacating the Premises (the "Vacating Party") agrees to convey
its one-half interest in and to any and all improvements located on the Land, which were
constructed by the remaining or non-vacating party (the "Non-Vacating Party") to such
party, and also agrees, at the sole option of the Non-Vacating Party, to either (1) quietly
and peaceably surrender title to any and all improvements located on the Land, which were
constructed by it, to the Non-Vacating Party, in good order and repair, except for normal
wear and tear, or decay and damage by the elements or other Acts of God; or (2) remove
all such improvements and restore the Premises to the same or better condition as existed
on the Commencement Date, In addition to the foregoing, in the event the City is the
Vacating Party, the City agrees to quietly and peaceably surrender the School portion of
the Premises, in good order and repair, except for normal wear and tear, or decay and
damage by the elements or other Acts of God.
0
Page 1320 of 1435
602
XIX.
PE ACEFULPO$SESSJQl'1
Subject to the terms, conditions, and covenants of this Agreement, the parties agree
that the other party shall and may peaceably have, hold and enjoy the Premises, without
hindrance or molestation by the other party.
xx.
S .O .. rG A D t mt$
This Agreement shall extend to and be binding upon the parties herein, their legal
representatives, successors and assigns.
XXI.
All parties hereby agree that they shall comply with ail applicable laws, ordinances
and codes of Federal, State and Local Governments, including the Americans with
Disabilities Act, as they apply to this Agreement.
XXII.
.a .QT'IQ ►F AO EEMENT
This Agreement shall be construed and enforced according to the laws of the State
of Florida and the venue for any disputes shall be in Miami -Dade County, Florida.
XXIII.
SEVERABILITY
In the event any paragraph, clause or sentence of this Agreement or any future
amendment is declared invalid by a court of competent jurisdiction, such paragraph, clause
or sentence shall be stricken from the subject Agreement and the balance of the
Agreement shall not be affected by the deletion thereof, provided to do so would not render
interpretation of the Agreement provisions ambiguous or a nullity.
10
Page 1321 of 1435
603
XXIV.
WAIVER
No waiver of any provision hereof shall be deemed to have been made unless such
waiver be in writing and signed by the City and/or the Board. The failure of either party to
insist upon strict performance of any of the provisions or conditions of this Agreement shall
not be construed as waiving or relinquishing in the future any such covenants or conditions
but the same shall continue and remain in full force and effect.
XXV.
Warl:EILLOBEEIMEELT
This Agreement represents the entire agreement between the parties.
IN WITNESS WHEREOF, the City and Board have caused this Agreement to be
executed by their respective and duly authorized officers the day and year first hereinabove
written.
CITY:
CITY OF MI
Mayor
ATTEST:
BOARD:
, FLORIDA THE SCHOOL BOARD OF MIAMI-DADE
COUNTY, FLORIDA
Ohief Facilities Officer (Construction)
Facilities Planning and Construction
City Clerk
11
APPROVEDASTO
FORM &I.AIKVA011
FOR
Page 1322 of 1435
604
WARRANTY DIED
TIIXS INDENTURE made this 25th day of September, 1972,
between the CITY OF MIAMI REACH, a Florida municipal corporation,
party of the first part, and VIE SCHOOL BOARD 0I DADE COUNTY,
FLORIDA, a body corporate and politic under the laws of the State
of Florida, whose post office address is 1410 N.G. Second Avenue,
Miami, Florida 33132, party of the second part.
WITNESSE?H: That the said party of the first part,
for and in consideration of the sum of Ten and 00/100 ($10.00)
Dollars and other valuable considerations to it in hand paid by
the said party of the second part, the receipt whereof is hereby
acknowledged, has granted, bargained and sold to the said party
of the second part, its successors and assigns forever, the
following described land situate, lying and being in the County
of Dade, and State of Florida, to -wit:
An undivided one -half interest in and to
Lots 1 through 7, inclusive, less the
Easterly 50' of Lot 7, Block 2, TATUM
WATERWAY SUBDIVISION, according to the
Plat thereof recorded in Plat Hook 46
at page 2 of the Public Records of Dade
County, Florida.
The parties hereby agree and covenant
with each other, for themselves, their
successors and assigns, that the above -
described Lands shall hereafter be used
jointly for park and playground re-
creational purposes only, provided that
the party of the second part, the school
Board of Dade County, Florida, shall
have prior and paramount right to the
use of the lands for playground purposes
during regular school hours. The parties
further agree jointly to use their best
efforts to close and vacate that portion
of the dedicated street known as Tatum
Waterway Drive which adjoins and Lies
between the above- described lands and
the adjacent school site owned by the
party of the second part, to the end
that the fee simple title to the land
now lying within the boundaries of said
dedicated street will revert to the parties
hereto in accordance with law.
The parties hereto jaintJ.y agree to loeatpl,
a suitable and appropriate pedestrian right -
of -way providing access from the footbridge
located at the southern extremity of said
property and extending over .n suitable
portion of the said parcels of land hereby con-,
vcyed up to 77th Street, the location, type,
and mode of construction to be mutually agreed
upnn hotwo,.fn the parties,
Page 1323 of 1435
Exhibit A
605
And the said party of the first part sloes hereby fully
warrant the title to said land, and will'derend tha suluu agalnat•
the lawful claims of all persons whomsoever.
IN WITNESS WHEREOF, the said party of the first part
has caused these presents to be signed in its name by it.s proper
officers, and its corporate seal to be. affixed, the day and year
above written.
THE CITY OF MTAMI DKACH
Attest:
City Clerk- Finance Director
Signed, sealed and delivered in
the resence of us:
STATE OF FLORIDA
COUNTY OF DA17E
T NEREDY CERTIFY, that on this 'r414 day of September,
1972. before me persOna11y appeared CHUCK HALL and (Inn U. ROULEAU,
Mayor and City Clerk-Finance Director respectively, of the City of
Miami Beach, a Florida municipal corporation, to me known to be the
parsons who signed the foregoing instrument ns such officers and
severally acknowledged the execution thereof to be their free act
And deed as such officers for the uses and purposes therein mentioned
and that they affixed thereto the official seal of said corporation
and that the said instrument is the act and deed of said corporation.
WITNESS my Mead and official seal at AY fr, •rr,
/41:4 in the County of Dade and State of Florida, the
day and year last aforesaid.
.NIMAtn' 1199 It:, W M(44 f191,tlu, q If 11.1
11Y 1Y041111SIn41 /WWII Mil 1, 9, 19/4
040.4. tMwuW,l rw,N M, wN w,SL,. w (
Page 1324 of 1435
606
•
MC:cM
079
Exhibit B
LOCATION MAP
77 STREET
BISCAYNE
ELEMENTARY
EX1STIN4 L.
Por eLES
EXISTING
BUILDING
EXISTING
nvc�
BUILDING
BUILDING
EXISTING
BUILDING
New 1Wo
STgRY
Gu5SAOOM
Page 1325 of 1435
607
Exhibit "C"
The Board may construct the following Improvements on the Premises:
1. Six (6) multi-purpose hard surface courts, with 9-foot basketball posts;
2. Parking facility, with approximately 105 spaces;
3. Landscaping and irrigation; and
4, All associated work to accomplish the above, including, without limitation,
the installation of fencing to mark the boundaries of the Premises.
All of the above improvements shall be made in accordance with all applicable Municipal,
County, State and Federal laws, and all applicable permitting requirements associated
therewith.
Page 1326 of 1435
608
RESOLUTION NO. 2001 -2459
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA,
AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE A JOINT USE AGREEMENT BY AND BETWEEN
THE CITY OF MIAMI BEACH AND THE SCHOOL BOARD
OF MIAMI -DADE COUNTY TO PERMIT THE SCHOOL
BOARD TO CONSTRUCT CERTAIN RECREATIONAL
IMPROVEMENTS ON THE JOINTLY OWNED PROPERTY
ADJACENT TO BISCAYNE ELEMENTARY SCHOOL,
SUBJECT TO AND CONDITIONED UPON EXECUTION BY
THE SCHOOL BOARD'S AUTHORIZED REPRESENTATIVE
OF THE TEMPORARY USE AGREEMENT FOR MIAMI
BEACH SENIOR HIGH FURTHER PROVIDED FOR
HEREIN; PROVIDING FOR TERMS AND CONDITIONS FOR
THE USE OF THE JOINTLY OWNED PROPERTY AND
PORTIONS OF PLAYFIELD LOCATF,D ON THE BISCAYNE
ELEMENTARY SCHOOL PROPERTY; AND FURTHER
AUTHORIZING THE CITY MANAGER TO NEGOTIATE
AND EXECUTE A TEMPORARY USE AGREEMENT WITH
THE SCHOOL BOAR]) FOR TEMPORARY USE OF THE
SERVICE ROAD AT MIAMI BEACH SENIOR HIGH
SCHOOL TO FACILITATE ACCESS TO THE CITY'S
PUBLIC WORKS YARD DURING THE CONSTRUCTION
PROJECT AT FIRE STATION 2; AND SAID
AUTHORIZATIONS BE SUBJECT TO NEGOTIATION AND
PREPARATION OF THE FINAL DOCUMENTS BY THE
ADMINISTRATION AND CITY ATTORNEY'S OFFICE
WHEREAS, the City of Miami Beach (the City) and the School Board of Miarni -Dade
County (the Board) jointly own a parcel of real property (the "Land ") located adjacent to Biscayne
Elementary School (the "School ") as evidenced by that certain Warranty Deed dated
September 25, 1972, for use of same for park and playground recreational purposes; and
WHEREAS, the City and the Board intend to enter into this Joint Use Agreement
( "Agreement ") in order to allow the Board to construct certain recreational improvements on the
Land, and to memorialize the terms and conditions under which the Land and the School playfield
area and recreational facilities will be jointly used; and
WHEREAS, the City and the Board are mutually interested in and concerned with providing
and making available recreational programs, activities and facilities for the use and benefit of the
students of Miami -Dade County Public Schools and the people of the City of Miami Beach; and
WHEREAS, in order to properly serve the School's educational needs, it has become
Page 1305 of 1435
609
desirable and necessary that certain recreational improvements be partially located on the Land, as
well as on the School grounds; and
WHEREAS, the Administration has also been striving to initiate construction of the Fire
Station 2 project, and as such requires the use of the service road located on the Miami Beach Senior
High School property for temporary access to the City's Public Works Yard during the period of said
construction; and
WHEREAS, the Administration and representatives of the School Board have agreed to
develop a Temporary Use Agreement for temporary use of the service road at Miami Beach Senior
High School to facilitate access to the City's Public Works Yard during the construction project at
Fire Station 2; and
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission authorize the Mayor and City Clerk to execute a Joint Use Agreement by and between
the City of Miami Beach and the School Board of Miami-Dade County to permit the School Board
to construct certain recreational improvements on the jointly owned property adjacent to Biscayne
Elementary School, subject to and conditioned upon execution, by the School Board's authorized
representative of the Temporary Use Agreement for Miami Beach Senior High further provided for
herein; providing for terms and conditions for the use of the jointly owned property and portions of
playfield located on the Biscayne Elementary School property; and further authorize the City
Manager to negotiate and execute a Temporary Use Agreement with the School Board for temporary
use of the service road at Miami Beach Senior High School to facilitate access to the City's Public
Works Yard during the construction Project at Fire Station 2; and said authorizations be subject to
negotiation and preparation of the final documents by the Administration and City Attorney's Office.
PASSED AND ADOPTED this 20th day of September , 2001.
ATTEST:
tiLtA_AttAv
CITY CLERK
TAA0ENDA\ 2001 \SEP20011REGULMBISCELEM,RES 9/13/01
Page 1306 of 1435
610
MAYOR
APPROVED LANGUAGE
/'TO
FORM &
& FOR Exectmom
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
Attp:lld.miam I -beach .fl, us
COMMISSION MEMORANDUM
TO: Mayor Neisen O. Kasdin and
Members of the City Commission
FROM: Jorge M. Gonzalez 0/06------
City Manager
DATE; September 20, 2001
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE A JOINT USE AGREEMENT BY AND
BETWEEN TIIE CITY OF MIAMI BEACH AND THE SCHOOL BOARD OF
MIAMI -DADE COUNTY TO PERMIT THE SCHOOL BOARD TO
CONSTRUCT CERTAIN RECREATIONAL IMPROVEMENTS ON THE
JOINTLY OWNED PROPERTY ADJACENT TO BISCAYNE
ELEMENTARY SCHOOL, SUBJECT TO AND CONDITIONED UPON
EXECUTION BY THE SCHOOL BOARD'S AUTHORIZED
REPRESENTATIVE OF THE TEMPORARY USE AGREEMENT FOR
MIAMI BEACH SENIOR HIGH FURTHER PROVIDED FOR HEREIN;
PROVIDING FOR TERMS AND CONDITIONS FOR THE USE OF THE
JOINTLY OWNED PROPERTY AND PORTIONS OF PLAYFIELD
LOCATED ON THE BISCAYNE ELEMENTARY SCHOOL PROPERTY;
AND FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE
AND EXECUTE A TEMPORARY USE AGREEMENT WITH THE SCHOOL
BOARD FOR TEMPORARY USE OF THE SERVICE ROAD AT MTAMI
BEACH SENIOR HIGH SCHOOL TO FACILITATE ACCESS TO THE
CITY'S PUBLIC WORKS YARD DURING THE CONSTRUCTION
PROJECT AT FIRE STATION 2; AND SAID AUTHORIZATIONS BE
SUBJECT TO NEGOTIATION AND PREPARATION OF THE FINAL
DOCUMENTS BY THE ADMINISTRATION AND CITY ATTORNEY'S
OFFICE.
ADMINISTRATION COMMJ DATION:
Adopt the Resolution.
ANALYSIS:.
Biscayne Elementary Joint Use Agreement
Since 1 972, the School Board of Miami -Dade County (Board) and the City of Miami Beach
(City) have jointly owned a parcel of real property (Land) located adjacent to Biscayne
Elementary School (School). The Warranty Deed associated with said Land requires that it
be used for park and playground recreational purposes only. In order to serve the School's
Page 1307 of 1435
611
AGENDA ITEM
DATE
s
•
- 2 -
educational needs, it has become necessary for the Board to construct a two -story classroom,
multi- purpose courts and a parking facility on the School grounds. Due to the limited
amount of available open space on the School site, the Board has requested to locate portions
of the multi- purpose courts and parking facility on the Land (see attached location map).
The City has negotiated the attached Joint Use Agreement with the Board to allow for it to
construct certain recreational improvements on the Land and to memorialize the terms and
conditions under which the Premises, which consists of the Land and the School's playfield
area, recreational facilities and parking lot, which will be jointly used by the Board and the
City.
The salient terms and conditions of the Joint Use Agreement are as follows;
a five -year term, which is automatically renewed for successive five -year periods,
unless canceled or terminated in accordance with the terms of the Agreement;
either party shall have the right to terminate the agreement at any time by providing
the other party with one (1) year prior written notice;
the Board, at its sole cost and expense, shall construct certain recreational
improvements on the Premises, which include multi - purpose courts, parking facility,
and playfield area;
in so creating the recreational playfield, portions of which lye on the jointly owned
property and portions of which lye on the School's property, the Board has agreed
to remove a certain number of portable classrooms which currently exist on the
Schools property. To the extent that there is growth in the school district's
population which would require the need for additional classroom space to
accommodate school children in the district, the Board retains the right to decrease
the playfield, in the event it becomes necessary for the School to place additional
portable classrooms on the area within the School property.
the Board shall have the right to use the Land for temporary school parking and as
a temporary staging area while constructing the two -story classroom, multi- purpose
courts, parking facility, and playfield area. Upon completion of the construction, the
Board shall restore the Land to at least the same condition as existed before
construction of the improvements commenced;
the Board, at its sole option, may construct additional educational and recreational
improvements on the Board -owned portion of the Premises. The Board may also
construct additional recreational improvements on the Land, subject to prior written
approval of the City;
the Board may use the Premises during regular school hours on regular school days,
for special school events and functions, for after -care programs, for suanmer school,
and at all other times except during the City's specific period of use;
the City may use the Premises after school hours when available, by providing the
School administrator with a minimum of seventy -two (72) hours prior written notice;
Page 1308 of 1435
612
e
- 3 -
the Board shall pay all utility service charges for the Land, including all installation
and connection charges. The City and the Board shall each pay one -half of any
special assessments or related fees imposed on the Land, subject to Board approval
and City Commission Approval;
the Board shall be responsible for all maintenance and upkeep of the Premises, and
the improvements located thereon. The Board shall provide regular scheduled
janitorial service, including litter pick -up and removal, at all times except during the
City's specific period of use of the Premises. The City shall provide regular
scheduled janitorial service, including litter pick -up and removal during its specific
period of use of the Premises;
• the City and the Board shall repair any equipment and facilities damaged during their
respective period of use of the Premises;
• any and all improvements constructed by either party on the Land shall be jointly
owned by the City and the Board, and any and all improvements constructed by
either party on the Board -owned portion of the Premises shall be the property of the
Board;
• upon the termination or cancellation of the agreement, the remaining party shall
either retain ownership of all improvements constructed on the Land, or require the
vacating party to remove them;
•
•
the Board and the City shall indemnify and hold each other harmless, to the extent
of the limitations included within Florida Statutes, from all liability which may arise
as a result of the use of the Premises; and
the Superintendent shall be the party designated by the Board to grant or deny all
approvals required by this Joint Use Agreement, or to cancel this Joint Use
Agreement.
Miami Beach Senior High Temporary Access Agreement
In light of the proposed construction project at Fire Station 2, which will limit access to the
City's Public Works Yard, the City has requested that the Board provide temporary access
through a portion of the Miami Beach Senior High School (High School) property to the
Public Works Yard.
In order to allow the City to stage its work in the most efficient manner and expedite its
construction schedule, the City is requesting that the Board grant it use of the area
immediately east of the High School service road as a means ofingress/egress to its Public
Works Yard for work vehicles and approximately 70 City staff vehicles, for a period not to
exceed 24 months.
Page 1309 of 1435
613
- 4 -
The Temporary Use Agreement will include, substantially, the following terms and
conditions:
6
the City will have access to only the area immediately east of the High School
service road (Demised Area);
the City, at its sole cost and expense, shall remove a portion of the existing fence
located east of the High School service road, and shall erect appropriate fencing
alongside the edge of said service road in order to separate the Demised Area from
the High School grounds;
the City, at its sole cost and expense, shall remove the trees located at the entrance
of the High School service road on Prairie Avenue, and shall replace the same upon
the expiration or cancellation of the temporary use agreement;
the City will indemnify and hold the Board harmless from all personal injury claims
and real and personal property damage claims arising from its use of the Board -
owned land and facilities;
the City's use of the Demised Area will be limited to ingress /egress to its property
for work vehicles and approximately 70 City staff vehicles;
the City shall keep the Demised Area free and clear of any vehicles or equipment,
other than during its period of use, and shall immediately remove any refuse or debris
from the Demised Area generated as a result of its actions;
the City will immediately repair any damage to the Demised Area caused as a result
of its actions;
the City, at its sole cost and expense, shall restore the Demised Area to the same or
better condition as existed before the City's use thereof;
use of the Demised Area will be limited to a period not to exceed 24 months; and
the Superintendent may cancel this agreement if the City defaults under the
agreement, and fails to immediately cure the default.
The Administration recommends that the Mayor and City Commission adopt the attached Resolution
authorizing the Mayor and City Clerk to execute the attached Joint Use Agreement between the City
of Miami Beach and the School Board of Miami -Dade County as it relates to construction on and
use of the jointly owned property adjacent to Biscayne Elementary School and the use of portions
of the playfield located on the Biscayne Elementary School property. Moreover, the Administration
recommends that the Mayor and City Commission authorize the City Manager to negotiate and
execute a Temporary Use Agreement with the School Board for Temporary Use of the area
immediately east of the service road at Miami Beach Senior High School to facilitate access to the
Page 1310 of 1435
614
City's Public Works Yard during the construction project at Fire Station 2, substantially in
conformance with the terms and conditions set forth above.
The Administration further recommends that the Mayor and City Commissions approval of both the
Joint Use Agreement and Temporary Use Agreement be subject to negotiation and preparation of
the final document • by the Administration and City Attorney's Office.
JMG:G :T:`. 1 :rd
Attachments
T:I AGENDA12O011SEP2001 1REGULAEIIIISCELEM,MEM 9/13/01
Page 1311 of 1435
615
Exhibit "D"
Maintenance and Use
Easement Agreement For Pedestrian Right of Way
[Once terms are finalized, City proposes memorializing its ongoing maintenance
obligations in an Easement (particularly as to portion of Right of way that is located on
Board -owned property.]
616
Exhibit "E"
Soccer Field Improvements Area
617
618