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HomeMy WebLinkAbout2002-25050 Reso RESOLUTION NO. 2002-25050 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING A SETTLEMENT AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND THE SCHOOL BOARD OF MIAMI-DADE COUNTY, FLORIDA, FOR OUTSTANDING CONSTRUCTION ISSUES ASSOCIATED WITH POLO PARK; PROVIDING THAT THE SCHOOL BOARD OF MIAMI-DADE COUNTY WILL PAY $85,000 TO THE CITY TO AFFECT REPAIRS TO THE PARK AND THAT THE SCHOOL BOARD WILL MAKE REPAIRS TO THE TENNIS COURTS AT ITS OWN EXPENSE. WHEREAS, the Nautilus Junior High School and Polo Park construction Project has not been successfully concluded due to disputes that have arisen between the City and the School Board of Miami-Dade County; and WHEREAS, recent negotiations between the City and the School Board have resulted in the attached Settlement Agreement that will allow the Project to be concluded and the Park to be accepted by the City; and NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, approving a Settlement Agreement between the City of Miami Beach and the School Board of Miami-Dade County for outstanding construction issues associated with Polo Park; providing that the School Board of Miami-Dade County will pay $85,000 to the City to effect re~airs to the Park and that the School Board of Miami-Dade County will make~3airs to the tennis courts at its own expense. ~ ~1~./~ ~,~~// ~.~ PASSED and ADOPTED this ~ Y°IN~MAYORr' 2002. ATTEST: y pColct~'~ a~C Ireesrokdoc CiTY OF MIAMI BEACH COMMISSION ITEM SUMMARY Condensed Title: IA Resolution approving a Settlement Agreement between the City and School Board of Miami-Dade County regarding outstanding construction issues on Polo Park. Issue: IShall the Settlement Agreement resolving all outstanding issues between the City and the School Board of Miami-Dade County on Polo Park be approved? Item Summary/Recommendation: The long standing dispute on construction related issues for Polo Park has been resolved between the School Board of Miami-Dade County and the City at the Superintendent and City Manager level. The Agreement reflects a payment to the City of $85,000 to make necessary repairs to the Park and that the School Board will make repairs to the tennis courts. Commission approval of the negotiated Agreement is required and recommended. Advisory Board Recommendation: N/A Financial Info~iiiation: Funds: 1 ~ 2 3 Finance Dept. City Clerk's Office Legislative Tracking: I Robert C. Middaugh poloparkitemsumm,doc AGENDA ITEM C 7--~ DATE //' / 5-;~- CitY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 ~' ~.~ www.ci.miami-beach.fl.us COMMISSION MEMORANDUM To: From: Subject: Mayor David Derrner and Date: November 13, 2002 Members of the City Commission Jorge U. GonzalezJ City Manager A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING A SETTLEMENT AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND THE SCHOOL BOARD OF MIAMI-DADE COUNTY, FLORIDA, FOR OUTSTANDING CONSTRUCTION ISSUES ASSOCIATED WITH POLO PARK; PROVIDING THAT THE SCHOOL BOARD OF MIAMI-DADE COUNTY WILL PAY $85,000 TO THE CITY TO AFFECT REPAIRS TO THE PARK AND THAT THE SCHOOL BOARD WILL MAKE REPAIRS TO THE TENNIS COURTS AT ITS OWN EXPENSE. ADMINISTRATION RECOMMENDATION Adopt the Resolution. ANALYSIS The acceptance and maintenance of Polo Park has been a long standing issue between the City and the School Board of Miami-Dade County ("School Board"). From the time that the City agreed to swap land with the School Board to allow Nautilus Junior High School to be built and in exchange a Park (Polo Park) provided to the City, the City and the School Board have been unable to come to agreement on what constitutes an acceptable standard for completed construction that would be turned over to the City. As a result, the Park has never been transferred to City ownership and control and no one has provided on going care and maintenance to the facility. Recently, the Polo Park issue has been discussed directly between the Superintendent of Schools and the City Manager. The discussion has resulted in an Agreement between the parties that will finally resolve the outstanding issues and allow the project to be complete and the Park turned over to the City. The terms of the Agreement are as follows: 1). Park Repairs. The School Board will pay the City $85,000, which the City will use to make upgrades and repairs to the Park. This number is a compromise that is less than what the City determined is necessary to make all needed repairs, but will allow the major items to be addressed immediately. Our original estimate for all repairs was between $110,000 and $120,000. Items to be addressed include, rebuilding the ball field, repairs to the hard court area, replacement of landscape items and other miscellaneous items. 2). Tennis Courts. The School Board will make repairs to the tennis courts at its own expense, which if satisfactory to the City, will then be turned over to the city. The two items are specifically addressed in a Settlement Agreement that is being developed between the City and the School Board. The Settlement Agreement will be provided as a supplement to the agenda materials. Approval of the Agreement will end the dispute over the Park. Necessary repairs will be made and the Park will be officially accepted by the City as a City facility. The Administration recommTs approval of the Agreement. SETTLEMENT AGREEMENT THIS AGREEMENT, made and entered into this 1st day of December, 2002, by and between THE CITY OF MIAMI BEACH, a municipal corporation of the State of Florida, (hereinafter called the "THE CITY" or "THE LESSOR"), and the SCHOOL BOARD OF MIAMI-DADE COUNTY, FLORIDA, a body corporate and politic of the State of Flodda, (hereinafter called the "SCHOOL BOARD" or "THE LESSEE"). WITNESSETH WHEREAS, THE CITY and the SCHOOL BOARD have entered into two agreements, a JOINT USE AGREEMENT and a CONSTRUCTION AGREEMENT both dated the 20th day of January 1994 regarding the property known as POLO PARK; and WHEREAS, those agreements deal with improvements to be made on and joint usage of POLO PARK; and WHEREAS, certain disagreements have arisen concerning the proper execution of certain elements of the CONSTRUCTION AGREEMENT dated the 20th day of January 1994 between THE CITY and the SCHOOL BOARD; and WHEREAS, the parties wish to enter into this SETTLEMENT AGREEMENT to resolve such remaining disputes, to conclude the CONSTRUCTION AGREEMENT, and to go forward under the terms of the JOINT USE AGREEMENT all referred to and identified above. 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: The SCHOOL BOARD shall contract at its own cost to patch and fill all cracks in the tennis courts, re-paint and re-line same. The BOARD will have this work completed within ninety (90) days of the effective date of this agreement. The applicable terms and conditions of the Construction Agreement between the parties of January 20, 1994 including but not limited to Article XII Indemnification and Hold Harmless shall remain in effect and apply to this work. The work shall be inspected by both parties promptly upon notice that it is ready for inspection and considered complete upon acceptance by both THE CITY and the BOARD. Upon acceptance by both parties of the work performed at the tennis courts, the SCHOOL BOARD shall pay to THE CITY the amount of Eighty- Five Thousand Dollars ($85,000.00). Such payment to be made not later than sixty (60) days after the completion of the work on the tennis courts as described herein. II. SATISFACTION AND AGREEMENT THE CITY and the SCHOOL BOARD agree that this payment of Eighty-Five Thousand Dollars, ($85,000) by the SCHOOL BOARD to THE CITY, after acceptance of the tennis courts as described above, shall satisfy and resolve all outstanding disputes between the bodies regarding the satisfactory completion of the CONSTRUCTION AGREEMENT between them, and that accordingly THE CITY shall, upon receipt of the payment in the amount of Eighty-Five Thousand Dollars, ($85,000) from the SCHOOL BOARD, be deemed to grant its final approval of the completed improvements and shall accept possession of said improvements in accordance with the CONSTRUCTION AGREEMENT. III. ACCEPTANCE OF IMPROVEMENTS The payment and work done by the SCHOOL BOARD and the resulting final approval of the completed improvements by THE CITY shall satisfactorily conclude the duties and rights of both parties under the CONSTRUCTION AGREEMENT between them dated the 20th day of January 1994 and such contract shall be completed. IV. JOINT USE Upon the payment by the SCHOOL BOARD to THE CITY, as agreed herein, the resulting approval of the completed improvements by THE CITY, and the completion of the CONSTRUCTION AGREEMENT, the parties hereby ratify the JOINT USE AGREEMENT executed by them dated the 20th day of January 1994. V. RESOLUTION OF CLAIMS This Agreement settles and resolves all claims, disputes, disagreements and conflicts among and between the parties adsing from the CONSTRUCTION AGREEMENT and the JOINT USE AGREEMENT, including, but not limited to all claims that were, or could have been raised by any party to this dispute. VI. EFFECTIVE DATE This Agreement shall become effective as of December 1, 2002. IN WITNESS WHEREOF, the parties hereto have individually, through their proper officials, executed this Agreement the day and year first hereinabove written. MAYOR BEACH, THE ,S/(~HOOL BOARD OF MIAMI- SUPERINTENDENT ATTEST: CI~Y CLERK APPROVED AS TO FORM: CITY ATTORNEY ATTEST: SECRETARY Ff-OR THE I~OARD/ APPROVED A~ 1'O FORM & LANGUAGE A FOR EXECUTION