2001-24526 RESORESOLUTION NO. :' ,2o01~24526
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY
CLERK TO EXECUTE THE ATTACHED LEASE AGREEMENT WITH THE
SCHOOL BOARD OF MIAMI-DADE COUNTY FOR THE USE OF THE
FLAMINGO PARK BASEBALL STADIUM BY THE MIAMI BEACH SENIOR
HIGH SCHOOL BASEBALL TEAM DURING ITS BASEBALL SEASON,
(MAXIMUM OF 118 DAYS), AT AN INITIAL COST OF $10,682.92,
INCLUDING ANNUAL RENEWAL INCREASES AND ADDITIONAL
CHARGES, AS STIPULATED IN THE AGREEMENT; FURTHER PROVIDING
THAT A TOTAL OF $10,075.00 SHALL BE PAID TO THE CITY BY THE
SCHOOL BOARD, PAYABLE AS DETAILED IN THE AGREEMENT, FOR
PAST USAGE OF THE BASEBALL STADIUM, BEGINNING WITH THE 199%
98 BASEBALL SEASON; SAID LEASE HAVING A TERM OF FOUR (4)
YEARS AND 364 DAYS; FURTHER WAIVING, BY 5/7THS VOTE, THE
COMPETITIVE BIDDING AND APPRAISAL REQUIREMENTS PURSUANT
TO ORDINANCE NO. 92-2783, GOVERNING THE USE AND/OR SALE OF
CITY-OWNED PROPERTY, FINDING SUCH WAIVERS TO BE IN THE BEST
INTEREST OF THE CITY.
WHEREAS, the Parks and Recreation Department has worked cooperatively with the
School Board of Miami-Dade County for the past several years to coordinate the use of its
recreational facilities, including the City's Flamingo Park Baseball Stadium, to accommodate the
Miami Beach High School organized team sports programs; and
WHEREAS, during this time the City has continued to improve the turf management
program at the Stadium and focused on increasing maintenance standards for the field's playing
surface; and
WHEREAS, the additional costs for clay and turf maintenance materials, labor and
equipment necessary to accomplish these higher maintenance standards initiated discussions with
the School Board of Miami-Dade County representatives and Parks and Recreation Department
Administration to develop a cost allocation plan that would enable the City to deliver the higher level
of maintenance for the Miami Beach High School Baseball Team; and
WHEREAS, at the January 26, 2000 City Commission meeting, during a discussion that
focused on the necessity for new sports lighting at the Flamingo Park Baseball Stadium (Item R9H),
the need for the Miami-Dade School Board to share responsibly in the cost of the upkeep and
maintenance for their use of this facility was also discussed; and
WHEREAS, during this discussion, the Administration was encouraged by the City
Commission to reach an agreement with the School Board that would assist in off-setting the cost
of maintenance and staffing for the Miami Beach High School Baseball Team to use the Baseball
Stadium; and
WHEREAS, subsequently, as requested by the City Commission, the Administration
continued negotiations, resulting in the attached Lease Agreement with the School Board of Miami-
Dade County; and
VOtEREAS, the approval of this Agreement will ensure the continued high standards of the
Flamingo Park Baseball Stadium field, as jointly developed by the City, the School Board of Miami-
Dade County, and the Miami Beach High School Baseball coaching staff, are met and the City will
receive the annual funding from the School Board as stipulated to accomplish this task; and
WHEREAS, at its regular meeting on June 27, 2001, the Mayor and City Commission set
a public hearing to consider public comment regarding the proposed Lease Agreement, as required
by Ordinance No. 92-2783, governing the use and/or sale of City-owned property; and
WHEREAS, accordingly, following a public hearing on this date, the Administration would
herein recommend that the Mayor and City Commission authorize the Mayor and City Clerk to
execute the attached Lease Agreement, and would further recommend that the Mayor and City
Commission waive, by 5/7ths vote, the appraisal and competitive bidding requirements, as provided
by Ordinance No. 92-2783, finding said waivers to be in the best interest of the City.
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 herein approve and authorize the Mayor and City Clerk to execute the attached Lease
Agreement with the School Board of Miami-Dade County for the use of the Flamingo Park Baseball
Stadium by the Miami Beach Senior High School Baseball Team during its baseball season
(maximum of 118 days), at an initial cost of $10,682.92, including annual renewal increases and
additional charges, as stipulated in the Agreement; further providing that a total of $10,075.00 shall
be paid to the City by the School Board, payable as detailed in the Agreement, for past usage of the
Baseball Stadium, beginning with the 1997-98 Baseball Season; said Lease having a term of four
(4) years and 364 days; further waiving, by 5/7ths vote, the competitive bidding and appraisal
requirements pursuant to Ordinance No. 92-2783, governing the use and/or sale of City-owned
property, finding such waivers to be in the best interest of the City.
PASSED and ADOPTED this 18ch day of,4,.uxY· 2001. ~/~
MAYOR
ATTEST:
CITY CLERK
RJA\KW
F:~ATTOLAGU R\RESOS\DCP SFLAM.LS E.DOC
Ai~OVED AS lO
FORM & LANGUAGE
& r-OR EXECUTION
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
http:\\ci.miami-beach.fl.us
TO:
FROM:
SUBJECT:
Mayor Neisen O. Kasdin and
Members of the City Commission
Jorge M. Gonzalez ~ i f~,~'~
City Manager
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE THE ATTACHED LEASE AGREEMENT
WITH THE SCHOOL BOARD OF MIAMI-DADE COUNTY FOR THE USE
OF THE FLAMINGO PARK BASEBALL STADIUM BY THE MIAMI
BEACH SENIOR HIGH SCHOOL BASEBALL TEAM DURING ITS
BASEBALL SEASON, (A MAXIMUM OF 118 DAYS), AT THE INITIAL
COST OF $10,682.92, INCLUDING ANNUAL RENEWAL INCREASES AND
ADDITIONAL CHARGES, AS STIPULATED IN THE AGREEMENT;
FURTHER PROVIDING THAT A TOTAL OF $10,075.00 SHALL BE PAID
TO THE CITY BY THE SCHOOL BOARD, PAYABLE AS DETAILED IN
THE AGREEMENT, FOR PAST USAGE OF THE BASEBALL STADIUM,
BEGINNING WITH THE 1997-98 BASEBALL SEASON; SAID LEASE
HAVING A TERM OF FOUR (4) YEARS AND 364 DAYS; FURTHER
WAIVING, BY $/7THS VOTE, THE COMPETITIVE BIDDING AND
APPRAISAL REQUIREMENTS PURSUANT TO ORDINANCE NO. 92-2783,
GOVERNING THE USE AND/OR SALE OF CITY-OWNED PROPERTY,
FINDING SUCH WAIVERS TO BE IN THE BEST INTEREST OF THE
CITY.
DATE: July 18, 2001
PUBLIC HEAR1NG
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
The Parks and Recreation Department has worked cooperatively with the School Board of Miami-
Dade County for the past several years to coordinate the use of its recreational facilities to
accommodate the Miami Beach High School organized team sports programs. This includes the
City's Flamingo Park Baseball Stadium. During this time the City has continued to improve the turf
management program at the Stadium and focused on increasing maintenance standards for the field's
playing surface.
AGENDA ITEM
DATZ
Commission Memorandum
July 18, 2001
Lease Agreement for the use of the Flamingo Park Baseball Stadium by the Miami Beach
Senior High School
Page 2
The additional costs for clay and turf maintenance materials, labor and equipment necessary to
accomplish these higher maintenance standards initiated discussions with the School Board of
Miami-Dade County representatives and Parks and Recreation Department Administration to
· develop a cost allocation plan that would enable the City to deliver the higher level of maintenance
for the Miami Beach High School Baseball Team.
At the January 26, 2000 Commission meeting during a discussion that focused on the necessity for
new sports lighting at the Flamingo Park Baseball Stadium (Item R9H), the need for the Miami-Dade
School Board to share responsibly in the cost of the upkeep and maintenance for their use of this
facility was also discussed. The Administration was directed to resolve both the short and long term
sports lighting issues and encouraged to reach an agreement with the School Board that would assist
in off-setting the cost of maintenance and staffing for the Miami Beach High School Baseball Team
to use the Baseball Stadium. Subsequently, as requested by the Commission, the Administration
continued the discussions to reach such an agreement.
On June 19, 2000, the School Board of Miami-Dade County, Florida authorized this Agreement in
accordance with Board Action No. 99-182. The key points of this Agreement are as follows:
The term of this Agreement is for a period of four (4) years and three hundred sixty four
(364) days.
U
The Miami Beach Senior High School Baseball Team may use the facilities a maximum of
118 days per year (100 practice days, 5 day games and 13 hight games). Hours of use for
practice shall be approximately from 3:00 p.m. to 6:30 p.m., and game days shall be from
one and one-half hours before the game to one hour after the game.
The District may request the use of the facilities beyond the 118 days stipulated in the
agreement. In the event of City approval for the additional use, the District shall be
responsible for extra maintenance or other costs incurred by the City as a result of additional
school use of the facilities.
Payment of $10,682.92 as reimbursement for the District's share of the annual maintenance
cost of the baseball facilities for the 1999-2000 baseball season, with the cost to increase by
four percent per year for each remaining year of the Agreement.
Payment of an additional $10,075 as full compensation of one-half of the District's share of
the maintenance costs for the 1997-1998 and 1998-99 baseball seasons, in three equal annual
payments of $3,358.33 payable at the time of the annual lease payment, and commencing
with the 1999-2000 lease payment.
Commission Memorandum
· July 18, 2001
Lease Agreement for the use of the Flamingo Park Baseball Stadium by the Miami Beach
Senior High School
Page 3
The City shall be responsible for utilities, and all repairs and maintenance of the baseball
facility, other than damage caused exclusively by the District during its period of use.
The City and Board shall indemnify and hold each other harmless to the extent of the
limitations included within Section 768.28, Florida Statutes.
The Administration recommends the approval of this Resolution which represents the first long term
commitment by the Miami-Dade County School Board to share finically in supporting the Miami
Beach Flamingo Park Baseball Stadium for use by the Miami Beach Senior High School Baseball
team for which up to this point the City has borne all costs. The approval of this Agreement will
ensure the continued high standards of Flamingo Park Baseball Stadium field, as jointly developed
by the City of Miami Beach, the School Board of Miami-Dade County and the Miami Beach High
School Baseball coaching staff are met, and the City will receive the annual funding from the School
· Board.as stipulated to accomplish this task.
JMG~/SF
T:L~.~5'tENDA~2001X JUL 180 I~REGULAR\718DCPSF.MEM
THIS AGREEMENT, made and entered into this /o°~dayof '~Jl~] ,2001,
by and between the CITY OF MIAMI BEACH, a municipal corporation of th6State of Florida
(hereinafter called the "CITY") and THE SCHOOL BOARD OF MIAMI-DADE COUNTY, a
political subdivision of the State of Florida (hereinafter called the "BOARD").
WITNESSETH:
WHEREAS, the CITY is interested in and concerned with providing and making facilities
available for the use and benefit of the students of Miami-Dade County Public Schools for
recreational programs and activities; and
WHEREAS, the CITY owns and has under its jurisdiction certain property capable of being
utilized at mutually suitable times for the BOARD's programs; and
WHEREAS, it has become desirable and necessary for the BOARD to utilize the CITY's
property as an athletic field and baseball stadium in conjunction with the BOARD's educational and
recreational objectives; and
WHEREAS, these objectives may be best achieved through joint and coordinated action of
the CITY and the BOARD in making the CITY's property available for such purposes in the most
cost effective manner; and
WHEREAS, the Mayor and City Commission of the City of Miami Beach has approved this
Agreement by the adoption of Resolution No.2001z'~4;52fi, at its meeting on the 18t:h day of
July ,2001; and
WHEREAS, the School Board of Miami-Dade County, Florida has authorized this
Agreement in accordance with Board Action No. 99,182, at its meeting on the 19th day of June,
2000.
NOW THEREFORE, in consideration of the mutual covenants hereinafter contained and
other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the parties hereto agree as follows:
I. DEMISED PREMISES
The CITY does hereby lease to the BOARD and the BOARD does hereby lease from
the CITY the following described parcel of land, known as the Flamingo Park Baseball Stadium,
hereinafter called the "DEMISED PREMISES", lying and being in the County of Miami-Dade, State
of Florida, and graphically described on Exhibit "A", attached hereto and made a part hereof.
II. TERM OF AGREEMENT
The term of this Agreement shall be for four (4) years and three hundred sixty-four
(364) days, commencing on the date hereof.
III. USE OF DEMISED PREMISES
The specific area of use by the BOARD shall be limited to the area identified in
Article I and Exhibit "A", including all recreational facilities constructed or to be constructed
thereon. The BOARD shall have right and use of the DEMISED PREMISES for a maximum of one
hundred eighteen (118) days per year during Miami Beach Senior High School's baseball season;
said "season" consisting of 100 practice days, 5 day games, and 13 night games. Hours of use for
practice days shall be approximately from 3:00 p.m. to 6:30 p.m.; day and night games shall be from
one and one half (1 ½) hours before the game to one (1) hour after the game. The CITY shall have
full control, custody, right and use of the DEMISED PREMISES at all other times.
Notwithstanding the preceding paragraph, during the term of this Agreement, the BOARD
shall provide the CITY with a written schedule showing the exact dates for the aforestated 118 days
of use of the DEMISED PREMISES; said schedule to be provided no later than ninety (90) days
prior to the commencement of the BOARD's use of the DEMISED PREMISES (i.e. or the
commencement of the Miami Beach Senior High School baseball season).
The BOARD shall provide adequate supervision of the DEMISED PREMISES at all times
that the BOARD conducts activities sponsored, controlled or sanctioned by the BOARD thereon.
Due to its unique usage and the need to serve the best interests of its students, the BOARD may
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promulgate and enforce reasonable rules and regulations governing the aforementioned use of the
DEMISED PREMISES during its period of use.
The CITY and BOARD, or their designees, shall be entitled to make application to the other
for use of the DEMISED PREMISES during the period of use normally associated with the other
party. In that event, the requesting party will provide the other party with a request to use the
DEMISED PREMISES a minimum of seventy two (72) hours prior to the need. Such consent shall
not be unreasonably withheld.
Any additional usage of the DEMISED PREMISES by the BOARD, other than the 118 days
described herein, or particularly maintenance and other costs that the CITY may incur as a result of
the BOARD utilizing the DEMISED PREMISES during other than its normal period of use, shall
be reimbursed by the BOARD to the CITY in addition to the consideration stipulated in Article V.
After providing said cost to the BOARD, or its designee, and receiving written authorization to
proceed, the CITY shall invoice the BOARD for direct costs of said additional maintenance and/or
staffing costs that result from unusual circumstances or added utilization, and the BOARD shall
promptly pay same within forty-five (45) days of receipt of said invoice(s).
Any reduction in the usage of the DEMISED PREMISES by the BOARD, or particularly a
reduction in maintenance or other costs that the CITY may incur as a result of using the DEMISED
PREMISES during the BOARD's period of use, shall result in a proportionate reduction in the
amount of consideration to be paid by the BOARD to the CITY under Article V.
IV. IMPROVEMENTS
The BOARD shall have the right to request the construction of additional recreational
facilities on the DEMISED PREMISES in the future, subject to the prior written approval of the
CITY. If approved, such additional improvements shall be made at the sole cost and expense of the
BOARD.
The BOARD agrees that no construction, major repairs, alterations or improvements may
be undertaken by it upon the DEMISED PREMISES unless the plans for same:
(1) be first submitted to and approved by the CITY, which plans shall be
reviewed and approved by the CITY in a timely manner; and
(2) be in compliance with all applicable State, County, School Board,
Department of Education and CITY rules and regulations.
The CITY also reserves the right, but not the obligation, to construct additional recreational
facilities on the DEMISED PREMISES in the future. In that event, the CITY shall provide the
BOARD with prior written notice of its intent to construct additional facilities on the DEMISED
PREMISES, and will use good faith efforts to coordinate the design, planning and construction with
the BOARD to assure that construction of such improvements does not unreasonably interfere or
conflict with the BOARD's ability to utilize the DEMISED PREMISES for its educational and
recreational programs. Construction of the improvements shall not result in an increase in the
amount of consideration to be paid by the BOARD to the CITY under Article V.
V. CONSIDERATION
The BOARD does hereby covenant and agree to pay the CITY, as consideration for
the use and occupancy of the DEMISED PREMISES ~hroughout the term of this Agreement, an
amount necessary to reimburse the CITY for the BOARD% prorated share of the annual maintenance
costs for the DEMISED PREMISES. This amount has been established at ten thousand six hundred
eighty-two dollars and ninety-two cents ($10,682.92) for the 1999-2000 school year (the Base Year
Payment), and will be promptly payable to the CITY within forty-five (45) days of receipt of an
invoice from the CITY.
Thronghout the term of this Agreement, the aforestated Base Year Payment shall be adjusted
annually to reflect the BOARD's prorated share of the actual maintenance costs and shall be paid
to the CITY within forty-five (45) days of receipt of an invoice from the CITY, said receipt to bc sent
following completion of the Miami Beach Senior High School's baseball season, and receipt of an
invoice from the CITY. The BOARD and the CITY agree that said adjustment shall be established
at an increase of four percent (4%) from the previous year (using the first year payment of
$10,652.92 as the Base Year Payment).
In the event that the BOARD requests that the CITY increase the maintenance level of
service over and above the level of service as provided in Article IX and Exhibit "B'~, the BOARD
shall first agree, in writing, to pay an increased annual rate reflecting its prorated share of such
increased annual maintenance costs.
As further consideration for this Agreement, the CITY and the BOARD acknowledge that
the BOARD has already had use of the DEMISED PREMISES, for the purposes stated herein, for
the 1997 - 1998, and 1998 - 1999 Miami Beach Senior High School baseball seasons, with the
Board's prorated share of the annual maintenance costs at $9,876.96 and $10,272.04, respectively.
To that end, concurrent with the parties' approval and execution of this Agreement, the BOARD
agrees to pay to the CITY an additional $10,075 (representing one-half of the total amount), as full
compensation for the BOARD's prior use of the DEMISED PREMISES, payable in three (3) equal
annual payments of $3,158.33, beginning concurrent with the Base Year Payment.
VI. LIABILITY FOR PERSONAL PROPERTY
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 loss or damage by any means and waive all rights to recovery for loss and
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 DEMISED PREMISES.
VII. LIABILITY FOR DAMAGE OR INJURY
The CITY shall not be liable for any damage or injury which may be sustained by the
BOARD or any persons on the DEMISED 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 DEMISED 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.
VIII. INDEMNIFICATION
The BOARD does hereby agree to indemnify and hold harmless the CITY to the
extent of the limitations included within Florida Statutes, Section 768.28, subject to the provisions
5
in this Act whereby the BOARD shall not be held liable to pay a personal injury or property damage
claim or judgment by any one person which exceeds the sum of $100,000, or any claim or judgment
or portions thereof, which, when totaled with all other claims or judgments paid by the BOARD
arising out of the same incident or occurrence, exceeds the sum of $200,000, from any and all
personal injury or damage claims, liability, losses and causes of action which may arise solely as a
result of the BOARD's negligence in its use of the DEMISED PREMISES. However, nothing herein
shall be deemed to indemnify the CITY for any liability or claim arising out of the negligence,
performance or failure of performance of the CITY or as a result of the negligence of any unrelated
third party.
The CITY does hereby agree to indemnify and hold harmless the BOARD to the extent of
the limitations included within Florida Statutes, Section 768.28, subject to the provisions in this Act
whereby the CITY shall not be held liable to pay a personal injury or property damage claim or
judgment by any one person which exceeds the sum of $100,000, or any claim or judgment or
portions thereof, which, when totaled with ail other claims or judgments paid by the CITY arising
out of the same incident or occurrence, exceeds the sum of $200,000, from any and all personal
injury or damage claims, liability, losses and causes of action which may arise as a result of the
CITY's negligence in its use of the DEMISED PREMISES. However, nothing herein shall be
deemed to indemnify the BOARD for any liability or claim arising out of the negligence,
performance or failure of performance of the BOARD or as a result of the negligence of any
unrelated third party.
IX. MAINTENANCE OF DEMISED PREMISES
The BOARD shall repair equipment or facilities located on the DEMISED
PREMISES damaged exclusively by the BOARD's actions, ordinary wear and tear excepted, during
its use of same, as set forth in this Agreement.
The CITY shall be responsible for all other repair and maintenance of the DEMISED
PREMISES and shall maintain all applicable facilities at a minimum level of service as delineated
in Exhibit "B", and in conformance with all applicable CITY and County building and safety codes.
If repairs are required to reasonably accommodate the BOARD's activities during its period
of use (and said repairs are not repairs which would be required of the BOARD during its use of the
6
DEMISED PREMISES, as set forth in the first paragraph of this Article IX), and are not effected by
the CITY within thirty (30) days of the CITY receiving written notice from the BOARD requesting
said repairs or, if immediate action is necessary in order to preserve the health and well being of the
occupants or prevent further damage to property, the BOARD shall have the right, but not the
obligation, to make the repairs at the BOARD's expense and to deduct the cost of the repairs from
ensuing payments to the CITY.
The BOARD and CITY, through the on-site school administrator and park manager shall
coordinate the scheduling of the CITY's maintenance functions to minimize the impact on the
BOARD's programs and activities.
X. ASSIGNMENT AND SUBLETTING OF PREMISES
The BOARD shall not, at any time during the term of this Agreement, sublet in part
or whole the DEMISED PREMISES, or assign this Agreement or any portion or part thereof, without
the prior written consent of the CITY.
XI. SUCCESSORS AND ASSIGNS
This Agreement shall be binding upon the parties herein, their heirs, executors, legal
representatives, successors and assigns.
XII. EXAMINATION OF DEMISED PREMISES
The CITY may enter upon the DEMISED PREMISES at any time during the
BOARD's period of use, provided the CITY does not unreasonably interfere with or unduly burden
the BOARD's operations.
XIII. CANCELLATION FOR CONVENIENCE
In addition to the provisions of Articles XXIII and XXV, both parties shall have the
right to cancel the Agreement at any time, without cause and for convenience, by giving the other
party written notice at least one (1) year prior to the effective date of said cancellation. However,
if the CITY exercises said right to cancel, then the CITY shall reimburse the BOARD for a prorata
amount of any permanent improvements made to the DEMISED PREMISES by the BOARD, as
documented pursuant to A~icle IV, as if amortized over a sixty (60) month period.
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XIV. ADVERTISING
The BOARD shall not place any signs or advertising matter on any portion of the
DEMISED PREMISES except with prior written approval of the CITY or its designee, which
approval shall not be unreasonably withheld.
XV. NOTICE AND GENERAL CONDITIONS
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 by 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 fifth day after being posted or the date of actual receipt, whichever is
earlier.
1.
With a copy to:
In the case of notice or communication to the CITY:
City of Miami Beach
City Manager
1700 Convention Center Drive
Miami Beach, Florida 33139
City of Miami Beach
Parks and Recreation Department, Attn: Director
2100 Washington Avenue
Miami Beach, Florida 33139
In the case of notice or communication to the BOARD:
School Board of Miami-Dade County, Florida
c/o Superintendent of Schools
School Board Administration Building
1450 N.E. 2 Avenue, Room 912
Miami, Florida 33132
8
With a copy to:
Miami-Dade County Public Schools
Governmental Affairs and Land Use Policy and Acquisition
Attention: District Director
1450 N.E. 2nd Avenue, Room 525
Miami, Florida 33132
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 the Agreement, the Superintendent of Schools shall be the
party designated by the BOARD to grant or deny all approvals required by the Agreement or to
cancel this Agreement as provided herein.
XVI. SURRENDER OF PREMISES
Upon the termination or expiration of this Agreement, the BOARD shall remove from
the DEMISED PREMISES any personal property and non-permanent improvements made by it to
the DEMISED PREMISES and shall promptly and peacefully surrender and deliver possession of
the DEMISED PREMISES to the CITY, and all permanent improvements constructed by the
BOARD as provided for in Article IV, in their then existing condition, shall become the property of
the CITY.
XVII. NON-DISCRIMINATION
The BOARD and CITY agree that there will be no discrimination against any person
based upon race, color, sex, religious creed, ancestry, national origin, mental or physical handicap,
and sexual orientation in the use of the DEMISED PREMISES and improvements thereof. 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 non-discriminatory party, effective the date of the Court Order.
XVIII. AMENDMENTS
The CITY and BOARD, by mutual agreement, shall have the right, but not the
obligation, to amend this Agreement. Such amendments shall be effective only when signed by both
the CITY and BOARD and shall be incorporated as part of this Agreement.
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XIX. CONSTRUCTION OF AGREEMENT
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.
XX. 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 lease
provisions ambiguous or a nullity.
XXI. COMPLIANCE WITH FEDERAL. STATE AND LOCAL LAWS
Both parties hereby agree that they shall comply with all applicable laws, ordinances
and codes of Federal, State and Local Governments, including the Americans with Disabilities Act,
as they apply to this Agreement.
XXII. 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 or 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.
XXIII. DEFAULT PROVISION
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, the CITY shall
have the right, at its sole discretion, to either extend the cure period beyond the aforestated thirty (30)
days, or in the event that said extension is not granted, in writing, by the CITY, terminate this
Agreement upon ten (10) days additional written notice to the BOARD, and the CITY shall have
no further obligations hereunder and shall be discharged from reimbursing the BOARD for any
permanent improvements made to the DEMISED PREMISES by the BOARD.
10
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 after receiving notification, the BOARD shall have the right,
at its sole discretion, to either extend the cure period beyond the aforestated thirty (30) days, or in
the event that said extension is not granted, in writing, by the BOARD, terminate this Agreement
upon ten (10) days additional written notice to the CITY, upon which event, the CITY shall
reimburse the BOARD a prorata amount of any permanent improvements made to the DEMISED
PREMISES by the BOARD, as if amortized over a sixty (60) month period, and this Agreement shall
thereupon be terminated and have no further force and effect.
XXIV. PEACEFUL POSSESSION
Subject to the terms, conditions and covenants of this Agreement, the CITY agrees
that the BOARD shall and may peaceably have, hold and enjoy the above described DEMISED
PREMISES without hindrance or molestation by the CITY.
XXV. DAMAGE OR DESTRUCTION
In the event the DEMISED PREMISES should be destroyed or so damaged by fire,
windstorm or other casualty to the extent that the DEMISED PREMISES are rendered untenable or
unfit for the purpose of the BOARD, as determined by the BOARD's Department of Safety, either
party may cancel this Agreement by giving written notice to the other.
In the event of cancellation of this Agreement due to damage or destruction of the DEMISED
PREMISES, the Consideration stipulated in Article V shall be reduced so as to reflect the BOARD's
prorated share of the annual maintenance costs of the DEMISED PREMISES prior to the casualty.
THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK
11
XXVI. CONCESSIONS
Subject to reasonable roles and regulations implemented by the CITY dealing with
insurance requirements and clean-up, Miami Beach Senior High School shall have the exclusive
right to operate all refreshment concessions during its home games, as def'med under this Agreement,
retaining all gross sales and profits therefrom.
XXVII. ENTIRE AGREEMENT
This Agreement represents the total agreement between the parties.
IN WITNESS WHEREOF, the parties hereto have each, through their proper officials,
executed this Agreement the day and year first hereinabove written.
ATTEST:
City Clerk
CITY O~kMI BEACH, FLORIDA
Mayor Neisen Kasdin
Form:
~O~[~e BOAPd~
THE SCHOOL BOARD OF MIAMI-DADE
COUNTY, FLORIDA
Chief Facilities Officer
Facilities Planning and Construction
& FOP-
12
EXHIBIT "A"
~ 15 STREET
FLAMINGO
PArK
4 PLACE
I 3 STREET
N
LEGEND
EXHIBIT "B"
CITY's maintenance responsibilities during the BOARD's period of use:
mowing, edging and trimming of turf in Bullpen area, batting cage/hiRing stations
and outfield with a frequency necessary to keep the turf in a playable condition;
periodic dragging of clay surface, including prior to each practice session or home
game;
manual watering of clay surface, including prior to each practice session or home
game; .
rc~noval of weeds or extraneous organic ~owth from outfield fence and clay
surfac~;
maintain the border definition betwecn clay/outfield surfaces;
supplement the clay surface and pitcher's mound as necessary to maintain proper
levels;
- paint striping as neoessary;
irrigate the outfield as necessary to ke~'p the field in a playable condition; and
maintain all field lighting in proper working order for use during practice (as
necessary) and all night games.
CITY OF MIAMI BEACH
PLANNING DEPARTMENT
To:
From:
Date:
Subject:
Kevin Smith, Director
Parks and Recreation Department
Jorge G. Gomez I~ -~o¥ ",~-~:~'
Planning and Zoning Director
July 5, 2001
Analysis of the City Owned Property at Flamingo Park for Lease to
Miami Beach Senior High School. (Section 82-38)
Pursuant to your reques',, this memorandum serves to provide an analysis of the lease of
City Owned Property at the subject property.
Section 82-38 of the Code of the City of Miami Beach requires that any proposed sale or
lease of city-owned land be analyzed from a planning perspective in order that the City
Commission and the public are fully apprised of all conditions relating to the proposed sale
or lease. What follows, herein, are each of the eight criteria prescribed in said ordinance
and a response to each:
Whether or not the proposed use is in keeping with City goals and objectives
and conforms to the City Comprehensive Plan.
The property in question, Flamingo Park, is characterized as a regional park serving
the needs of the entire community and contains several public facilities. The Future
Land Use Map of the City's Comprehensive Plan designates the site as ROS,
Recreation Open Space.
The leasing of the baseball stadium, located at the 1400 block of Michigan Avenue,
for use by the Mismi Beach Senior High School Baseball team, would conform to
the land use desipnation contained in the Comprehensive Plan.
The impact on adjacent property, including the potential positive or negative
impacts such as diminution of open space, increased traffic, noise level or
enhanced property values, improved development patterns and provision of
necessary services. Based on the proposed use of the property, the City shall
determine the potential impact of the project on City utilities and other
infrastructure needs and the magnitude of costs associated with needed
infrastructure improvements. Should it become apparent that further
evaluation of traffic impact is needed, the proponent shall be responsible for
obtaining a traffic impact analysis from a reputable traffic engineer.
The site currently contains several public facilities and recreational structures,
leasing of the subject baseball facility should not have any negative impact on the
surrounding area.
A determination as to whether or not the proposed use is in keeping with a
public purpose and community needs, such as expanding the City's revenue
base, reducing City costs, creating jobs, creating a significant revenue stream
and improving the community°s overall quality of life.
Use of the subject facility by the Miami Beach Senior High Baseball Team is in
keeping with the community needs to provide adequate amenities for the local
schools. Thereby increasing the desirability of this community.
Determination as to whether or not the development is in keeping with the
surrounding neighborhood, will block views, or create other environmental
intrusions, and evaluation of the design and aesthetic considerations of the
project.
The proposal for leasing the facility does not generate any new construction or
create any changes that will affect the surrounding area.
The impact on at'~jacent properties, whether or not there is adequate parking,
street, and infrastructure needs.
There should be no negative impact on adjacent properties. While parking is a
problem throughout the City, the proposed lease should not significantly increase
the need for parking. Since the facility is currently in operation, no further
infrastructure needs are anticipated.
A determination as to whether or not alternatives are available for the
proposed disposition, including assembly of adjacent properties, and whether
the project could be accomplished under a private-ownership assembly.
There are very tow alternative locations with the appropriate zoning/land use
classification to accommodate expansion of the existing school in the neighboring
area. Assembly of adjacent properties is not likely.
Within the constraints of public objectives, the department should examine
financial issues such as job generation, providing housing opportunities, and
the return to the City for its disposition of property.
The proposed lea.~e agreement provides for maintenance assistance by the School
Board for the facility thereby reducing costs to the City. No housing opportunities
will be created.
Such other items as the Planning Department may deem appropriate in
analysis of the proposed disposition.
Planning Staff has not identified any further items.
JGG/ct
3
-- CITY OF MIAMi BEACH
NOTICE OF PUBLIC HEARINGS
NOTICE IS HEREBY given thet public hearings will b~ held by rite Clt~ Commission
of fi~e City of Miami Beach on Wednesday, July 18, 2001, at the times filled
below, i~ the Commission Chambers, 3rd Floor, City Hail, 1700 Convent[on Center
Drive, Miami Beach, Florida.
at 10:30 a.m.: '
~TO CONSIDER A LEASE AGREEMENT BETWEEN THE Ct'FY AND THE SCHOOL
BOARD OF MIAMI-DADE COUNTY FOR THE USE OF THE FLAMINGO PAFIK
BASEBALL STADIUM SY THE MIAMI BEACH SENIOR HIGH SCHOOL BASESALL
TEAM DURING ITS BASEBALL SEASON (A MAXIMUM OF 118 DAYS)
INCLUDING ANNUAL RENEWAL INCREASES AND ADDfflONAL CHARGES, AS
STIPULATED IN THE AGREEMENT, SAID LEASE AGREEMENT HAVING A TERM
OF FOUR (4} YEARS AND 364 DAYS. PURSUANT TO ORDINANCE NO. 92-2783,
GQVERNING THE SALE/LEASE OF CITY-ONVNED PROPERTY.
PARKS & RECREATION DEPARTME, T
'
210(3 WASHNGTON AVENUE MIAMI BEACH FLORIDA,
PHONE (305} 673-7730
FAX (305) 673-7725
http://ci.miami-beach.fl.us
July 30, 2001
Michael A Levine
Dade County Public Schools
1450 N.E. 2nd Avenue, Room 525
Miami, Florida 33132
Dear Mr. Levine,
Thank you for your patience and diligence in resolving the lease agreement for the use of
Flamingo Park Baseball Stadium by Miami Beach Senior High School. I have enclosed three (3)
original signed (by the City of Miami Beach) copies of the updated agreement and will request
that the one in the blue-backed cover be returned to me at the City of Miami Beach Parks and
Recreation Department once they are signed by School Board officials.
I have also prepared the enclosed invoice based on the City of Miami Beach's Commission
Memorandum # 478-01 and the corresponding Resolution # 2001-245-26, as well as in
accordance with the Dade County School Board's Action No. 99-182. Please forward your
agency check, payable to the City of Miami Beach to my attention as well.
Again, my thanks for your patience and perseverance with this project.
Sincerely, / '
Assistant Director-Recreation
CC:
Kevin Smith, Director of Parks and Recreation
Robert Parcher, City Clerk
Raul Aguila, First Assistant City Attorney
INVOICE
CITY OF MIAMI BEACH
FLORIDA
1700 CONVENTION CENTER DRIVE
Dade County Public Schools
ATTN.: Michael A. Levine
1450 N.E. 2nd Avenue, Room 525
Miami, Florida 33132
DATE: Julv 30.20(}1
ORIGINATING DEPARTMENT:
PARKS AND RECREATION
(305) 673-7730
PAYMENT REQUESTED FOR:
Miami Beach Senior High School use of Flamingo Park
Baseball Stadium for the following periods:
1997/98 & 1998/99: Payment #1 is 1/3 of payment of $10,682.92
1999/2000 Baseball Season:
2000/2001 Baseball Season:
Total balance due City of Miami Beach:
$ 3,358.33
$10,682.92
$11,110.24
$25,141.49
Please make check payable to:
Forward to:
City of Miami Beach
City of Miami Beach Recreation Division
2100 Washington Avenue
Miami Beach, FL 33139
21 CO WAS~NG1'ON AVENUE
M~AMI BEACH FLORIDA 33139
PHONE (305) 673-7730
FAX 1305) 673-7725
ht~p://ci.miami-beach.fl.us
June 24,2002
Michael A Levine
Dade County Public Schools
1450 N.E. 2nd Avenue, Room 525
Miami, Florida 33132
Dear Mr. Levine,
Thank you for your continued cooperation in keeping up with the lease agreement for the use of
Flamingo Park Baseball Stadium by Miami Beach Senior High School. I have enclosed two (2)
invoices based on the City of Miami Beach's Commission Memorandum # 478-01 and the
corresponding Resolution # 2001-245-26, as well as in accordance with the Dade County School
Board's Action No. 99-182. Please forward your agency check, payable to the City of Miami
Beach to my attention as well.
Again, my thanks for your patience with this project.
Sincere~
~Firtel
A~tant Director-Recreation
cc: Kevin Smith, Director of Parks and Recreation
Robert Pareher, City Clerk
Rau, l~Aguila, First Assistant City Attomey
.-:I' ~..~
INVOICE
CITY OF MIAMI BEACH
FLORIDA
1700 CONVENTION CENTER DRIVE
Dade County Public Schools
ATTN.: Michael A. Levine
1450 N.E. 2nd Avenue, Room 525
Miami, Florida 33132
DATE: June 24. 2002
ORIGINATING DEPARTMENT:
PARKS AND RECREATION
(305) 673-7730
PAYMENT REQUESTED FOR: Miami Beach Senior High School use of Flamingo Park
Baseball Stadium for the following period:
2001/2002 Baseball Season:
Total balance due City of Miami Beach:
$11,554.64
$11,554.64
Please make check payable to:
Forward to:
City of Miami Beach
City of Miami Beach Recreation Division
2100 Washington Avenue
Miami Beach, FL 33139
INVOICE
CITY OF MIAMI BEACH
FLORIDA
1700 CONVENTION CENTER DRIVE
Dade County Public Schools
ATTN.: Michael A. Levine
1450 N.E. 2nd Avenue, Room 526
Miami, Florida 33132
DATE: June 24. 2002
ORIGINATING DEPARTMENT:
PARKS AND RECREATION
(305} 673-7730
PAYMENT REQUESTED FOR:
Miami Beach Senior High School use of Flamingo Park
Baseball Stadium for past usage of the Stadium as stipulated in
City of Miami Beach Commission Memo # 478-01 and Resolution
#2001-245-26 and in Dade County School Board Action # 99-182:
Payment #2 is 1/3 of payment of $10,682.92
3,358.33
Total balance due City of Miami Beach:
$ 3,358.33
Please make check payable to: City of Miami Beach
Forward to:
City of Miami Beach Recreation Division
2100 Washington Avenue
Miami Beach, FL 33139
PARKS &RECREATION DEPARTMENT
21 (30 WASHINGTON AVENUE
MIAMI BEACH FLORIDA 33139
PHONE (305) 673-7730
FAX (305) ~)73-7725
bttp://ci.miami-beacb.fl.us
April 8, 2003
Michael A Levine
Dade County Public Schools
1450 N.E. 2nd Avenue, Room 525
Miami, Florida 33132
Dear Mr. Levine,
Thank you for your continued cooperation in keeping up with the lease agreement foffihe use of
Flamingo Park Baseball Stadium by Miami Beach Senior High School. I have enclosed two (2)
invoices based on the City of Miami Beach's Commission Memorandum # 478-01 and the
corresponding Resolution # 2001-245-26, as well as in accordance with the Dade County School
Board's Action No. 99-182. Please forward your agency check, payable to the City of Miami
Beach to my attention.
Again, my thanks for your continued spirit of cooperation and patience with this project.
"-ff St~g~ Fi,el
A~ant Director-Recreation
cc: Kevin Smith, Director of Parks and Recreation
Julio Magrisso, Assistant Director of Parksand Recreation - Administration
Robert Parcher, City Clerk
Raul Aguila, First Assistant City Attorney
INVOICE
CITY OF MIAMI BEACH
FLORIDA
1700 CONVENTION CENTER DRIVE
Dade County Public Schools
ATTN.: Michael A. Levine
1450 N.E. 2nd Avenue, Room 525
Miami, Florida 33132
DATE: Aoril 8. 2003
ORIGINATING DEPARTMENT:
PARKS AND RECREATION
{305) 673-7730
PAYMENT REQUESTED FOR: Miami Beach Senior High School use of Flamingo Park
Baseball Stadium for the following period:
2002/2003 Baseball Season:
Total balance due City of Miami Beach:
$12,016.82
912,016.82
Please make check payable to:
Forward to:
City of Miami Beach
City of Miami Beach Recreation Division
2100 Washington Avenue
Miami Beach, FL 33139
INVOICE
CITY OF MIAMI BEACH
FLORIDA
1700 CONVENTION CENTER DRIVE
Dade County Public Schools
ATTN.: Michael A. Levine
1450 N.E. 2nd Avenue, Room 525
Miami, Florida 33132
DATE: Ar)ril 8. 2003
ORIGINATING DEPARTMENT:
PARKS AND RECREATION
(305) 673-7730
PAYMENT REQUESTED FOR:
Miami Beach Senior High School use of Flamingo Park
Baseball Stadium for past usage of the Stadium as stipulated in
City of Miami Beach Commission Memo # 478-01 and Resolution
#2001-245-26 and in Dade County School Board Action # 99-152:
,Payment #3 is the third and final payment of $10,682.92
For arrearage due City of Miami Beach for Baseball Stadium
In prior years, as per the subject payment agreement.
3966.26
Total balance due City of Miami Beach:
3,966.26
Please make check payable to: City of Miami Beach
Forward to:
City of Miami Beach Recreation Division
2100 Washington Avenue
Miami Beach, FL 33139