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Memorandum of Understanding with the City of Sunny Isles BeachMEMORANDUM OF UNDERSTANDING BETWEEN CITY OF MIAMI BEACH, FLORIDA AND CITY OF SUNNY ISLES BEACH TO PROVIDE FUNDING FOR THE HAULOVER PARK SKATEPARK THIS MEMORANDUM OF UNDERSTANDING (this "MOU ") is made this IC day of DCeer ov-, 2017 by and between the CITY OF MIAMI BEACH, FLORIDA, a Florida municipal corporation (hereinafter referred to "Miami Beach "), and the CITY OF SUNNY ISLES BEACH, a Florida municipal corporation (hereinafter referred as to "Sunny Isles Beach "). Miami Beach and Sunny Isles Beach shall each hereinafter be referred to as a "Party" and collectively as the "Parties." RECITALS WHEREAS, it is a longstanding priority of Miami Beach to foster outdoor recreation for the community; and WHEREAS, Miami -Dade County ( "County ") and several neighboring municipalities, including Sunny Isles Beach, Town of Surfside, City of Miami Beach, Bal Harbour Village, and Town of Bay Harbor Islands (hereinafter, the neighboring municipalities shall be referred to collectively as the "Participating Municipalities "), have agreed to jointly develop a regional hybrid skatepark and pumptrack in Haulover Park, pursuant to the plans and at the location indicated in Attachment "A" (the "Skatepark "); and WHEREAS, Sunny Isles Beach received a proposal under the National Joint Powers Alliance from Velosolutions ( "Contractor "), on behalf of American Ramp Company, to design, permit, and construct the Skatepark, with a total project cost of $267,375.00; and WHEREAS, the Skatepark is a logical initiative for Miami Beach due to limitations of space within Miami Beach to build a skatepark, and will expand recreational amenities, enhance mobility, build a sense of community, and further the efforts to cooperate on projects of mutual interest between the coastal communities in the region; and WHEREAS, the land, maintenance, and operational costs of the proposed Skatepark will be borne by the County, pursuant to a separate agreement with Sunny Isles Beach; and 1 WHEREAS, on June 7, 2017, the Mayor and City Commission of Miami Beach adopted Resolution No. 2017 - 29890, approving the contribution of funds, in an amount not to exceed $50,000, to the development of the Regional Hybrid Skatepark/Pumptrack Initiative at Haulover Park; and WHEREAS, it is in the best interest of the Parties to enter into this MOU to support the Skatepark, and to evidence the payment to Sunny Isles Beach of Miami Beach's contribution towards the cost of the Skatepark, in cooperation with the County, Sunny Isles Beach, Surfside, Bal Harbour Village and the Town of Bay Harbor Islands. NOW, THEREFORE, in consideration of the mutual agreements and covenants contained therein and for other good and valuable consideration, the receipt and sufficiency of which hereby are acknowledged, it is mutually agreed and covenanted, under seal, by and between the Parties to this MOU, as follows: 1. Recitals Incorporated. The above recitals are true and correct and incorporated . herein by reference. 2. Miami Beach Contribution to Skatepark. Once Sunny Isles Beach provides Miami Beach with written notice that Sunny Isles Beach has executed an agreement with Velosolutions to construct the Skatepark, which notice shall attach an executed copy of such agreement, Miami Beach shall, within ten (10) days of receiving such notice, make payment and disbursement to Sunny Isles Beach in the amount of $50,000.00 (fifty thousand dollars) for the Skatepark Contribution, to be deposited in an account created by Sunny Isles Beach (the "Miami Beach Contribution "). The Miami Beach Contribution shall be used solely for costs in connection with the design and construction of the Skatepark, in coordination with the County and the Participating Municipalities. During the term of this MOU, Sunny Isles Beach agrees to administer, expend, and disburse the Miami Beach Contribution only in furtherance of the design, permitting, construction and other benefits directly related to the Skatepark. Miami Beach agrees that no refunds may be obtained after the purchase of equipment for the Skatepark, unless a refund is provided to the Sunny Isles Beach by Contractor. In the event of any such refund, Miami Beach shall be entitled to a refund that is proportionate to Miami Beach's contribution to the Skatepark project. Miami Beach further agrees that all funds for the Skatepark must be transferred to Sunny Isles Beach prior to its purchase of equipment for the Skatepark. Miami Beach shall in no event incur any liability under this MOU in excess of the Miami Beach Contribution. 3. Acceptance and Acknowledgement by Sunny Isles Beach. Sunny Isles Beach hereby accepts the Miami Beach Contribution and agrees to utilize said funds consistent with Paragraph 2 above. Sunny Isles Beach shall further accept contributions from the other Participating Municipalities. Each one of the Participating Municipalities shall contribute an amount not to exceed $50,000.00 (fifty thousand dollars) towards the Skatepark. Sunny Isles Beach agrees to contribute the balance of the funds necessary and towards completion of the Skatepark and other facility- related enhancements or features (such as benches, shade features, landscaping and trees, etc.), up to the amount of $150,000 (one hundred and fifty thousand dollars). Upon request, Participating Municipalities shall be provided with copies of any and all Memoranda of Understanding or agreements entered into between Sunny Isles Beach and other municipalities 2 contributing to the Skatepark. Sunny Isles Beach shall serve as the fiscal agent to collect the funds from all Participating Municipalities in connection with the Skatepark. 4. Use of Haulover Park Land from County; Operation and Maintenance. Sunny Isles Beach, in coordination with the County, shall enter into the appropriate agreement(s) as necessary for use of the site and for the development and construction of the Skatepark, and the long -term operation and maintenance thereof by the County. Miami Beach shall be provided with copies of any and all such agreements entered between the County and Sunny Isles Beach for the Skatepark. 5. Development of Skatepark. Sunny Isles Beach shall, working in coordination with the County, hire or engage the Contractor for the design, development and construction of the Skatepark, and keep Miami Beach and other Participating Municipalities fully informed of development and construction status on an as- needed basis. The Skatepark shall be designed in substantially the same design proposal under the National Joint Powers Alliance from Velosolutions on behalf of American Ramp Company to design, permit, and construct the Skatepark, with a total project cost of $267,375.00, attached hereto as Attachment "B ". 6. Effective Date; Termination. This MOU shall become effective upon execution and approval by the Parties and shall continue in full force and effect until such time as it is terminated by either Party. Either Party may terminate this MOU upon thirty (30) days written notice to the other Party. 7. Notice. All notices required or permitted to be given under this MOU shall be deemed given when delivered by hand or sent by registered or certified mail, return receipt requested, addressed as follows: City of Miami Beach Attention: Jimmy L. Morales, City Manager 1700 Convention Center Drive Miami Beach, Florida 33139 With a Copy To: Raul J. Aguila City Attorney 1700 Convention Center Drive Miami Beach, Florida 33139 City of Sunny Isles Beach Attention: Christopher J. Russo, City Manager 18070 Collins Avenue, 4th Floor Sunny isles Beach, Florida 33160 3 With a copy to: Hans Ottinot, City Attorney City of Sunny Isles Beach 18070 Collins Avenue, 4th Floor Sunny Isles Beach, Florida 33160 8. Governing Law. This MOU shall be governed by and construed in accordance with the laws of the State of Florida, and venue for any dispute or litigation shall be in Miami - Dade County, Florida. 9. Costs. Each Party shall pay its own costs and expenses of and incidental to the negotiation, preparation, execution and implementation by it of this MOU and any other agreements pertaining to the Skatepark. 10. Counterparts. This MOU may be executed in counterparts, each of which shall be deemed an original and such counterparts shall constitute one and the same instrument. 11. No Agency or Partnership. Nothing contained in this MOU shall constitute City as a joint venturer, partner, or agent of Sunny Isles Beach, or render Miami Beach liable for any debts, obligations, acts, omissions, representations, or contracts of Sunny Isles Beach. IN WITNESS WHEREOF, the City of Miami Beach and the City of Sunny Isles Beach have executed this MOU as of the day and year written below their signatures. ATTEST: Rafael L. Granado City Clerk I- lido CITY OF MIAMI BEACH, FLORIDA, A Florida unicipal corporation Jimmy L.lMorales City Man! ger Date Executed: APPROVED AS TO FORM AND LEGAL SUFFICI Raul J. Aguila City Attorney ly- 4 ( ((3 1(7 Maurici I3etanc,Tr, CMC City Clerk AP CITY OF SUNNY ISLES BEACH, a Florida municipal corporation hristop 'er J. Russo City Manager Date Executed: TO FORM AND LEGAL SUFFICIENCY BY: s Ottinot ty Attorney 5 3,72)