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2009-27259 ResoRESOLUTION NO. '-009-2725y A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING A RESTATED SETTLEMENT AGREEMENT BETWEEN THE SCHOOL BOARD OF MIAMI-DADE COUNTY, FLORIDA (SCHOOL BOARD} AND THE CITY OF MIAMI BEACH RELATIVE TO A JOINT USE AGREEMENT AND A CONSTRUCTION AGREEMENT BETWEEN THE SCHOOL BOARD AND THE CITY OF MIAMI BEACH REGARDING PROPERTY KNOWN AS POLO PARK. WHEREAS, the City of Miami Beach and the School Board made several agreements to facilitate the construction of the new Nautilus Middle School and the adjacent property known as Polo Park; and WHEREAS, the construction quality of Polo Park have been satisfactorily resolved with the exception of the tennis courts; and WHEREAS; the City of Miami Beach and the School Board have reached an agreement regarding the parties respective responsibilities under the Construction Agreement, and those outstanding issues surrounding the completion of the tennis courts; and WHEREAS, the School Board has approved the restated Settlement Agreement, which requires the total payment of $135.000.00 to the City of Miami Beach, and the acceptance of the Polo Park improvements as set forth under the Construction Agreement. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the attached restated Settlement Agreement between the School Board of Miami-Dade County and the City of Miami Beach relative to Polo Park is hereby approved and that the Mayor and City Clerk are authorized to execute said Agreement. PASSED and ADOPTED this 9cn day of necember , 2009. ATTEST: ~ ~ ~ a i errera o er f" V V~~ Mayor API' Cs~~` rtiS'~~ ~ FQit EK.ECky7'3Gfd Robert Parcher _ - City Clerk '~~ TSAGENDA'4009'•.Dz:.ember 9•.ConsenttPoloPaM1cTensisCcunSe¢IenentAgmtR/ 012 L j ~ 7 ~ ~ .OM '/ n f1. L Agenda Item G y Date I Z-9-O~ COMMISSION ITEM SUMMARY Condensed Title: A Resolution approving a restated Settlement Agreement between the School Board of Miarni-Dade Count ,Florida and the Cit of Miami Beach re ardinc ro erl known as Polo Park, Ke Intended Outcome Su orted: Ensure well-maintained lacilities. Supporting Data (Surveys, Environmental Scan, etc.): The maintenance of parks is rated osilivel b 85'/~ of residents. Issue: Shall ttrc R4ayor and Cily Commission approve the Resolution? relocating and building adjacent park improvements in Polo Park. Since 1994. the City and the School Board have entered into a series of agreements to facilitate completion of the Nautilus School and Polo Park project. Over the years the City has struggled with the School Board to have the park improvements completed to the standards of the City. In 2002, the City and the School Board entered into a Settlement Agreement on most of the outstanding problems associated with Polo Park for which the City was to receive $85.000 to undertake the corrections deemed necessary by the City in order to accept the park improvements. The 2002 Settlement Agreementalso required that the School Board complete repairs to the tennis courts at their expense and that the City approve of and accept the repairs as being adequate. The School Board has made several unsuccessful attempts to seal cracks as a result of settling of the courts but has not been able to repair the courts to a standard acceptable to fhe City and to protect the public safety. The tennis courts were constructed by the School Board as a monolithic slab on poor soils. As a result, the courts have settled differentially which has caused the substantial cracking. In the last year, the City took the initiative to offer a solution to the School Board which was significantly less expensive than previous repair cstinratcs. The design solution made use of the existing tennis court surfaces and through a layered approach of geo-textile fabric and compacted materials provided an appropriate base with which to wrlstruct new paved courts on top of the existing facility. The cost to undertake these repairs was approximately $135,000. Advisory Board Recommendation: NrA - Financial Information: Source of Amount Account Funds: OBPI Total _ Financial Impact Summary: _ _ _ __ __ _ Ci Clerk's Office Legislative Tracking: Robert C. Middaugh, Assistant City Manager Si n-Offs: Department Director ~ Assis City Manager City M Hager - - RC _-~ 3~" { _ ~ T':,AGENDA~,20091DeuemUer 9?Cnnsen6.POloParkTennisCourlSeHlenrentFUc misurolY-&OJ.Aa: ~ MIAMI BEACH AGENDA ITEM C DATE l L-y C~ m MIAMIBEACH City of Miomi Bevch, I /GG Cenvevinr Center D•we, .N, a-~i Beach, F orida 33139. •e•.wi ~-ianlbcucLll%.v COMMISSION MEMORANDUM ro: Mayor Matti Herrera Bower and Members of the City Commission FItoM: Jorge M. Gonzalez, City Manag~ ~'~~ DA(E: December 9, 2009 SUBIECC A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING A RESTATED SETTLEMENT AGREEMENT BETWEEN THE SCHOOL BOARD OF MIAMI-DADS COUNTY, FLORIDA (SCHOOL BOARD) AND THE CITY OF MIAMI BEACH RELATIVE TO AJOINT USE AGREEMENTAND ACONSTRUCTION AGREEMENT BETWEEN THE SCHOOL BOARD AND THE CITY OF MIAMI BEACH REGARDING PROPERTY KNOWN AS POLO PARK. ADMINISTATION RECOMMENDATION Approve the Resolution. BACKGROUND The Ciry has worked with the School Board since 1994 in support of building Nautilus Middle School and relocating and building adjacent park improvements in Polo Park. Since 1994, the City and the School Board have entered into a series of agreements to facilitate completion of the Nautilus School and Polo Park project. Initially, the City and the School Board executed a Joint Use Agreement and a Construction Agreement for the Nautilus School and Polo Park project. These Agreements basically provided that property that the City owned would be swapped for property that the School Board owned to build a new Nautilus Middle School and Polo Park. All of the improvements were to be built and paid for by the School Board. The Joint Use Agreement provided that the Polo Park improvements would be jointly used by the City and the School Board essentially as a recreational facility for the school during school hours and for community use after school hours. Over the years the City has struggled with the School Board to have the park improvements completed to the standards of the City. In 2002, the City and the School Board entered into a Settlement Agreement on most of the outstanding problems associated with Polo Park for which the City was to receive $85,000 to undertake the corrections deemed necessary by the City in order to accept the park improvements. That Agreement was executed, the City undertook the necessary improvements; however, the School Board never paid the $85,000 to the City. The School Board's position was that the $85,000 payment was linked fo another provision of the Settlement Agreement regarding the tennis courts at Polo Park. The 2002 Settlement Agreement also required that the School Board complete repairs to the tennis courts at their expense and that the City approve of and accept the repairs as being adequate. The School Board has made several unsuccessful attempts to seal cracks as a result of settling of the courts but has not been able to repair the courts to a standard acceptable to the City and to protect the public safety. The tennis court deficiencies developed post construction as the courts were constructed by the School Board as a monolithic slab on poor soils. As a result, the courts have settled differentially which has caused the substantial cracking. Repairs have not been successful since the courts continue to settle and will likely do so for a period of time. The lennis court problem has remained unresolved to Ilre present point in time with no movement on the part of the School Board to resolve the issue, In the last year, the City took the initiative to offer a solution to the School Board which was significantly less expensive than previous repair estimates. Previously, it had been acknowledged by the City and the School Board that the most appropriate way to remedy the settling and cracking of the tennis court surfaces at Polo Park was to demolish the facility, correct the substandard sub-base and rebuild the facility. Given the soil condition this was an expensive proposition and one which the School Board has never embraced. The City's solution to the School District was designed by the Special Assistant to the City Manager, Emanuel Mayer with consultation with the City Engineer, as well as the Parks and Recreation Department. The design solution made use of the existing tennis court surfaces and through a layered approach of geo-textile fabric and compacted materials provided an appropriate base with which to construct new paved courts on top of the existing facility. The cost to undertake these repairs was approximately $135,000. This design solution and a settlement offer of $150,000 for court repairs in addition to the $85,000 originally owed to the City was proffered to the School Board in order to break the stalemate on the Polo Park tennis courts. The City offer and it was subsequently rejected by the School Board. Over the past year, staff has continued to slay in contactwith the School Board and has continued to seek a resolution to the tennis court matter and finally the School Board agreed to a payment to the City of Miami Beach of the existing S85,000 owed to the City per previous Agreements and a $50,000 payment for repairs to the tennis courts. While fhe School Board's offer to the City fails to adequately represent the responsibility which they have for the tennis court repairs, it is deemed to be the best available resolution that can be crafted between the Ciiy and the School Board to resolve the problem. The attached Settlement Agreement provides that fhe School Board will pay to the City $135,000 and the City will agree to accept the tennis courts in their as-is condition and also the responsibility to make any necessary repairs. The $135,000 will enable the City to implement the design created in-house in a relatively expeditious manner and to provide for a sate playing surface for the community at the Polo Park tennis courts. CONCLUSION Approval of the Resolution and thus the amended and restated Settlement Agreement with the School Board is recommended. JMGIRCMIsam Ti~AGENDA'•.20091[?ernmber 91ConsenttPoloParkTonnfsCourtSeNementAgnncommemol2-&09.doc Attachments