Restated Settlement Agreement~aoo~~_ aye s ~
C ~ ~"l- ! eZ~9~a
RESTATED SETTLEMENT AGREEMENT
THIS AGREEMENT, made and entered into this 9~'' day ot,et:~m~ 2009, by
and between THE CITY OF MIAMI BEACH, a municipal corporation of the State of
Florida (hereinafter called the "CITY" or the "LESSOR"), and the SCHOOL BOARD OF
MIAMI-DADE COUNTY, FLORIDA, a body corporate and politic of the State of Florida
(hereinafter called the "SCHOOL BOARD" or the "LESSEE"), collectively the "Parties".
WITNESSETH
WHEREAS, the CITY and the SCHOOL BOARD have entered into a JOINT USE
AGREEMENT and a CONSTRUCTION AGREEMENT, both dated the 20th day of
January, 1994, attached hereto as Exhibit "A" and Exhibit "B" respectively, regarding the
property known as POLO PARK; and
WHEREAS, those agreements deal with certain improvements to be made on,
and joint usage of POLO PARK; and
WHEREAS, disagreements have arisen concerning the proper construction of
the tennis courts by the SCHOOL BOARD, and the CITY has not accepted possession
of said improvements under the terms of the CONSTRUCTION AGREEMENT; and
WHEREAS, the CITY and the SCHOOL BOARD entered into a SETTLEMENT
AGREEMENT dated the 1St day of December 2002, which was intended to resolve
these disagreements, complete the SCHOOL BOARD'S obligations under the
CONSTRUCTION AGREEMENT, and allow the Parties to operate under the terms of
the JOINT USE AGREEMENT; and
WHEREAS, as a part of the SETTLEMENT AGREEMENT, the SCHOOL
BOARD agreed to pay to the CITY the amount of $85,000, as settlement of all issues
between the Parties; and
WHEREAS, after further negotiations, the Parties have now agreed to restate the
SETTLEMENT AGREEMENT in compliance with the terms and conditions provided
herein, in order to provide a revised framework for the final settlement of all outstanding
claims, disputes, disagreements and conflicts whatsoever between the Parties
pertaining to the Construction Agreement; and
WHEREAS, it is the Parties intent that this restated SETTLEMENT
AGREEMENT supersede and replace the above described SETTLEMENT
AGREEMENT; and
WHEREAS, the SCHOOL BOARD, pursuant to Agenda Item F-3, Board Action #
113,174, at its meeting of November 17, 2009, authorized the Superintendent to finalize
negotiations and execute this Agreement.
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:
RECITALS
The Parties agree that the above recitals are true and correct and are
incorporated herein by reference.
2
PAYMENT OF FUNDS BY THE SCHOOL BOARD
The CITY shall assume any and all responsibility for the repairs to the tennis
courts, with the SCHOOL BOARD to provide the CITY Fifty Thousand Dollars
($50,000), as its share of the repair cost. This amount shall augment the above
mentioned Eighty-Five Thousand Dollars ($85,000), previously authorized by the
SCHOOL BOARD in 2002 but not yet paid.
ACCEPTANCE OF IMPROVEMENTS
The Parties agree that, upon payment to the CITY by the SCHOOL BOARD of
the amounts of Eighty Five Thousand Dollars ($85,000) and Fifty Thousand Dollars
($50,000), totaling One Hundred and Thirty Five Thousand Dollars ($135,000), the CITY
shall deem all work required to be performed by the SCHOOL BOARD under the
CONSTRUCTION AGREEMENT to be satisfactorily concluded and complete, and the
improvements made by the SCHOOL BOARD to POLO PARK to be deemed accepted
by the CITY. The SCHOOL BOARD shall remit the total amount of $135,000 to the
CITY within thirty (30) days of the CITY'S approval of this Agreement, and acceptance
of the improvements to POLO PARK shall not be effective until such time as the funds
are received by the CITY.
3
Iv.
JOINT USE AGREEMENT
Concurrent with payment to the CITY by the SCHOOL BOARD of the funds
enumerated in Article II, the Parties hereby ratify and affirm that the JOINT USE
AGREEMENT remains in full force and effect.
V.
RESOLUTION OF CLAIMS
This Agreement settles and resolves all claims, disputes, disagreements and
conflicts among and between the Parties arising from the CONSTRUCTION
AGREEMENT, including, but not limited to all claims that were, or could have been
raised by any Party to this dispute, and the CITY releases the SCHOOL BOARD from
any and all claims and liabilities whatsoever relating to the Construction Agreement.
VI.
ATTORNEYS FEES
In the event of any litigation between the Parties under this Agreement, each
Party shall be responsible for its own attorney's fees and court costs through trials and
appellate levels. The provisions of this term shall survive the termination of this
Agreement.
VII.
EFFFECTIVE DATE
This Agreement shall become effective as of the date of full execution by both
Parties.
tN WITNESS WHEREOF, the Parties hereto have individually, through their
proper officials, executed this Agreement the day and year first hereinabove written.
4
THE CITY OF MIAMI BEACH, FLORIDA
MA OR
ATTEST:
(~ Gl/l G
CITY CLERK
APPROVED AS TO FORM:
CITY ATTORNEY
THE SCHO L BOARD OF MIAMI-
DADE COU ,FLORIDA
SUPERINTENDENT
APPROVED AS TO FORM:
ATTORNEY FOR E BOARD
~+~i';;C11~~ AS'~`~
F+~R~r18 ~~~~
~ ~R 1E3~~CUT1~6d
I Z y o4
.. ~- ~,6