Resolution 2021-31775 RESOLUTION NO. 2021-31775
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY
MANAGER TO EXECUTE A JOINT USE AGREEMENT WITH THE SCHOOL
BOARD OF MIAMI-DADE COUNTY, FLORIDA, GOVERNING THE USE OF THE
ATHLETIC FIELD, BASKETBALL COURTS AND ADJACENT PARKING LOT
AT MIAMI BEACH SENIOR HIGH SCHOOL, INCLUDING THE CITY'S
CONTRIBUTION TOWARD THE MAINTENANCE OF THE ATHLETIC FIELD, IN
THE AMOUNT NOT TO EXCEED $22,000 ANNUALLY, FOR A TERM OF FIVE
(5) YEARS.
WHEREAS, on October 31, 2017, the Mayor and City Commission adopted Resolution
2017-30078, authorizing the Administration to negotiate an agreement with the School Board of
Miami-Dade County, Florida (the"Board")for the maintenance of the athletic field at Miami Beach
Senior High School (the "High School") in an amount not to exceed $22,000 annually; and
WHEREAS, Resolution No. 2017-30078 authorized the Administration to negotiate an
agreement with the Board for use of the athletic field during after-school hours and during
weekends for the remainder of the 2017-18 school year, with two (2) one-year renewal terms;
however an agreement was never executed; and
WHEREAS, on February 13, 2019, the Mayor and City Commission adopted Resolution
2020-31152, authorizing the City Manager to commit$250,000 towards renovation of the football
field at the High School and an additional $100,000 matching grant in the event any entity,
nonprofit or other organization came forward with additional donations; and
WHEREAS, the field at the High School was upgraded in 2020 and now provides for an
artificial turf field for student use;`and
WHEREAS, the new proposed five-year Joint Use Agreement represents the culmination
of several years of negotiation with the Board, including (1) providing the City with access and
use of the football field, the basketball courts and adjacent parking lot on Sundays; (2) providing
for a City contribution of$32,740.53 for the installation of a chain link fence and landscaping that
will secure the school site; and (3) providing for the City's payment of an annual maintenance fee
in the amount of$22,000; and
WHEREAS, the City may request access for additional use of these facilities at the
beginning of each school semester; and
WHEREAS, a partnership with the Board may increase recreational field space for
community youth after-school, summer and on weekends when available; and
WHEREAS, the City and the Board have existing joint use agreements for other
greenspaces located at Miami Beach Nautilus Middle School and Biscayne Beach Elementary
School for use of park and playgrounds for recreational purposes; and
WHEREAS, the City has a current Use Agreement with the Board which dates back to
2001, which allows the High School the use of the baseball and softball fields at Flamingo Park
(the "Flamingo Park Agreement") in order to benefit the students of the school and to make
facilities available for recreational programs and activities; and
WHEREAS, pursuant to the Flamingo Park Agreement, the Board similarly reimburses
the City at an established amount of$22,203.67 for the prorated share of the annual maintenance
costs for use of the fields at Flamingo Park; and
WHEREAS, the City Manager recommends approving the Joint Use Agreement,
incorporated herein by reference and attached hereto as Exhibit"1".
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA that the Mayor and City Commission
hereby approve and authorize the City Manager to execute a Joint Use Agreement with the School
Board of Miami-Dade County, Florida, governing the use of the athletic field, basketball courts,
and adjacent parking lot at Miami Beach Senior High School, and including the City's contribution
toward the maintenance of the athletic field, in the amount not to exceed of$22,000 annually, for
a term of five (5) years.
PASSED and ADOPTED this oV day of July, 2021.
ATTEST:
Dan Gelber, Mayor
$r2. 2ctU
Raf I Granado, City lerk
W.1,,
INCORP E `
ORbTt U:
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
City Attorney 1. Date
Resolutions -C7 O
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Aline T. Hudak, City Manager
DATE: July 28, 2021
SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA,APPROVING AND AUTHORIZING THE CITY
MANAGER TO EXECUTE A JOINT USE AGREEMENT WITH THE SCHOOL
BOARD OF MIAMI-DADE COUNTY, FLORIDA, GOVERNING THE USE OF
THE ATHLETIC FIELD, BASKETBALL COURTS AND ADJACENT PARKING
LOT AT MIAMI BEACH SENIOR HIGH SCHOOL, INCLUDING THE CITY'S,
CONTRIBUTION TOWARD THE MAINTENANCE OF THE ATHLETIC
FIELD, IN THE AMOUNT NOT TO EXCEED $22,000 ANNUALLY, FOR A
TERM OF FIVE (5)YEARS.
RECOMMENDATION
The Administration is recommending the approval of the Joint Use Agreement with the School
Board of Miami-Dade County Public Schools.
BACKGROUND/HISTORY
On October 31, 2017, Resolution 2017-30078 authorized the Administration to negotiate an
agreement with the School Board of Miami-Dade County Public Schools for the maintenance of
the athletic field at Miami Beach Senior High School, in an amount not to exceed $22,000
annually. The agreement would allow for the City's possible usage of the athletic field during
after-school hours and during weekends and be renewed for an additional two one-year terms
following the initial 2017-18 school year.
On February 19, 2019, Resolution 2020-31152 authorized the City's commitment of $250,000
towards the renovation of the football field at Miami Beach Senior High School and additionally
offered a matching grant not to exceed $100,000 in the event any other entitiy comes forward
with additional donations for the field improvements. The field at Miami Beach Senior High
School was improved in 2020, including a multi-use artificial turf field, lined for soccer, football,
and a 50-meter running track, as well as batting cages. The total cost of the project was
approximately$1 million dollars.
The Joint Use Agreement attached to this item is the culmination of years of negotiation with the
School Board of Miami-Dade County Public Schools, allowing for the City's access to the field,
basketball courts, and adjacent parking lot on Sundays. The City is also paying $32,740.53 for
the installation of a chain link fence and landscaping that will secure the site. The City may
Page 425 of 2012
request access to the field for additional use at the beginning of each school semester.
A partnership with M-DCPS may increase recreational field space for community youth after-
school, summers and weekends when available. The City and M-DCPS have existing joint use
agreements for other greenspaces located at Miami Beach Nautilus Middle School and
Biscayne Beach Elementary School for use of park and playgrounds for recreational
purposes. An agreement for use of the basketball courts at South Pointe Elementary was
recently executed as well.
SUPPORTING SURVEY DATA
73.9%of residents were satisfied with the amount of city recreation programming
Applicable Area
Not Applicable
Is this a"Residents Right Does this item utilize G.O.
to Know" item,pursuant to Bond Funds?
City Code Section 2-14?
No No
Strategic Connection
Neighborhoods-Evolve parks and green spaces to meet the changing needs of the community.
Legislative Tracking
Organizational Development Performance Initiatives
ATTACHMENTS:
Description
❑ Exhibit 1
D Reso 2017-30078
❑ Reso 2020-31152
Page 426 of 2012
JOINT USE AGREEMENT
[Relating to Use of Miami Beach Senior High School —School Playfield Area,
Basketball Courts, and Parking Lot]
THIS JOINT USE AGREEMENT ("Agreement"), made and entered into this day of
, 2019, between THE SCHOOL BOARD OF MIAMI-DADE COUNTY, FLORIDA, a
body corporate and politic existing under the laws of the State of Florida (the "BOARD"), and the
CITY OF MIAMI BEACH, FLORIDA, a municipal corporation of the State of Florida (the "CITY").
The BOARD and CITY are sometimes referred to in this Agreement individually as "Party" and
collectively as the"Parties".
WITNESSETH
WHEREAS, the BOARD and CITY are mutually interested in and concerned with providing
and making available recreational programs, activities and facilities for the use and benefit of the
students of Miami-Dade County Public Schools (the"District")and residents of the CITY; and
WHEREAS, the BOARD owns and has under its jurisdiction certain real property known as
Miami Beach Senior High School, located at 2231 Prairie Avenue, Miami Beach, Florida 33139
("School"); and
WHEREAS, the CITY has approached the BOARD with a request to use the Stephen Ross
Field at the School ("School playfield area")for the CITY's recreational programs; and
WHEREAS, the CITY has agreed to provide the BOARD an annual contribution of$22,000
towards a portion of the cost of maintenance of the DEMISED AREA(as hereinafter defined); and
WHEREAS, the Parties are desirous of entering into this Agreement to allow their
respective use of the School playfield area for recreational purposes, under the terms and
conditions as set forth below; and
WHEREAS, The School Board of Miami-Dade County, Florida, at its meeting of
, 2019, School Board Agenda item F- , Board Action #
approved entering into this Agreement; and
WHEREAS, the CITY of Miami Beach, by the adoption of Resolution No. 2017-30078, at
its meeting of October 31, 2017, approved this Agreement.
NOW,THEREFORE,for and in consideration of the sum of Ten and No/100 Dollars($10.00),
restrictions and covenants herein contained and other good and valuable consideration, the receipt
and sufficiency of which is hereby acknowledged, the BOARD and CITY agree as follows:
EXHIBIT
s$s
Joint Use Agreement/City of'Miami Beach/Miami Beach Senior High School
RECITALS
The above recitals are true and correct and are incorporated herein by reference.
II.
PREMISES TO BE JOINTLY USED
Effective with the Commencement Date of this Agreement (as defined in Article III below),
the Parties agree to jointly use the School playfield area, including the basketball courts as well as
the School parking lot, all as more particularly described in Exhibit "A" attached hereto and made
a part hereof(collectively the "DEMISED AREA"), together with all improvements currently located
or to be constructed thereon.
III.
TERM
This Agreement shall be effective upon the date on which the last of the Parties initials or
executes this Agreement (the "Effective Date"). The initial term of this Agreement shall be for a
period of five (5) years, commencing upon the latter date of issuance of a Certificate of
Occupancy, Certificate of Completion, or equivalent("CO") by the BOARD'S Building department
for the Fence Work(as hereinafter defined), which document shall be attached hereto and made
a part hereof as Exhibit "B" (hereinafter referred to as the "Commencement Date").
IV.
CONSIDERATION
In addition to the provisions set forth in Article VII, the CITY shall pay to the BOARD as
consideration for use and occupancy of the DEMISED AREA throughout the term of this
Agreement, and any renewal thereof,the sum of one dollar($1.00)per year in advance, beginning
on the Commencement Date, and on the anniversary date of the Commencement Date each year •
thereafter.
V.
USE OF DEMISED AREA
The DEMISED AREA as identified in Exhibit "A" shall be used by the CITY only for the
operation of recreational programs sponsored, organized and supervised by the,CITY, and by the
BOARD for the School's recreational and educational programs, and for no other purposes. The
CITY covenants and agrees to accept the DEMISED AREA in its "as-is", "where-is" condition and
basis with all faults as of the Effective Date of this Agreement, subject to all easements, covenants
or other encumbrances of record. The BOARD makes no representations or warranties of any type
or nature whatsoever, either expressed or implied, as to the usefulness, physical condition or
appropriateness of the DEMISED AREA for the CITY'S operations or any specific use. The CITY,
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Joint Use Agreement/City of Miami Beach/Miami Beach Senior High School
by executing this Agreement, agrees and acknowledges that the BOARD has made no
representations whatsoever regarding the DEMISED AREA, including with respect to its
environmental condition. The CITY represents that it is relying and will continue to rely solely on its
own investigations of the DEMISED AREA in its decision to occupy or use it, and the CITY further
acknowledges and agrees that the BOARD shall not indemnify the CITY in any way with respect to
the condition of the DEMISED AREA. The provisions of this paragraph shall survive the expiration
or the early termination or cancellation of this Agreement.
Effective with the Commencement Date, the BOARD shall have full control, custody, right
and use of the DEMISED AREA during regular school hours on regular school days (including
summer school) and during after school hours and Saturdays as required for, but not limited to,
practices and home games, tournaments, special School events and functions, intramural sports,
and extracurricular athletic activities(the"BOARD'S Period of Use"). Notwithstanding this provision,
the CITY acknowledges and agrees that the BOARD'S Period of Use may be modified annually as
established through the BOARD'S approved Elementary and Secondary School Calendar("School
Calendar"), or as otherwise established by the School Administrator. Subject to the above, effective
with the Commencement Date, the CITY shall have full control, custody, right and use of the
DEMISED AREA during the following periods,from 8:00 a.m.to 4:00 p.m. on Sundays, (the"CITY's
Period of Use"), unless the DEMISED AREA is required by the BOARD, as outlined below.
The Parties acknowledge and agree that the BOARD may require use of the DEMISED
AREA on a Sunday from time to time throughout the term of this Agreement. In such event, the
BOARD shall notify the CITY, through the CITY's designated representative, a minimum of seven
(7)calendar days prior to such usage,and the BOARD shall have use of the DEMISED AREA during
the specified Sunday; provided, however, that if the request date will interfere with the CITY'S
operations or previous obligations, the BOARD will be required to provide the CITY with a list of
available replacement dates during the BOARD'S Period of Use,for the City to use as a replacement
date.
The School Administrator and the CITY's designated representative shall meet prior to the
Commencement Date of this Agreement on a quarterly basis thereafter prior to the start of the
first and third quarters of each regular school year, as established through the BOARD'S
approved School Calendar, or as soon thereafter as possible, to discuss and establish any
additional days during non-school hours, other than Sundays, when the DEMISED AREA is
available for use by the CITY during the upcoming school year ("Quarterly Scheduling
Meeting"). At least thirty (30) calendar days prior to the Semi-Annual Scheduling Meeting, the
CITY shall provide the School Administrator with a proposed listing of additional days during non-
school hours, other than Sundays, when the CITY wishes to utilize the DEMISED AREA during
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Joint Use Agreement/City of Miami Beach/Miami Beach Senior High School
the upcoming school year, for approval by the School Administrator and the North Region Office.
The approved additional days, as established during each Quarterly Scheduling Meeting (the
"Approved Additional CITY Days") may be modified from time to time throughout the school
year by mutual agreement of the Parties, or their designees, in writing, provided the CITY requests
such additional usage, not previously included in the Approved Additional CITY Days, no later
than seven (7) calendar days prior to such requested use, for approval by the School
Administrator and the North Region Office. The CITY shall request approval of such additional
days of use in writing through the School Administrator,which approval shall not be unreasonably
withheld,, provided such use does not conflict with the BOARD'S operations or previous
obligations. Notwithstanding the foregoing, the Parties acknowledge and agree that the CITY'S
hours of use of the DEMISED AREA during the Approved Additional CITY Days shall not exceed
the hours of 8:00 a.m. to 4:00 p.m., unless otherwise agreed to in writing by the BOARD. The
Parties understand and agree that the Approved Additional CITY Days shall be for the particular
school year only, and shall be reaffirmed or modified semi-annually, as provided hereinabove.
The use of the DEMISED AREA by the CITY for carnivals,fairs, exhibits, mechanical rides,
midways, or the same or similar kinds of activities is expressly prohibited, and the sale or
consumption of alcoholic beverages is expressly prohibited. Neither Party shall commit nor permit
any violations of applicable laws, rules and regulations of the BOARD, including BOARD Policies,
the City, State, or Federal government upon the DEMISED AREA.
The CITY agrees that the DEMISED AREA shall not be used for storage of construction
or maintenance materials, or for the storage or long-term parking of vehicles, and it shall secure
and lock all perimeter and parking lot gates at the completion of the CITY'S daily period of use,
and shall remove all unauthorized vehicles stationed thereon. The CITY shall remove said
vehicles using all lawful means, and may post signs to facilitate same, after securing approval
from the BOARD or designee.
In addition, the CITY shall comply with all School safety and security criteria, as established
by the School Administrator, and provide proper security and supervision of the DEMISED AREA at
all times during the CITY's Period of Use, including the Approved Additional CITY Days. The CITY
acknowledges and agrees that the School Administrator shall have overall responsibility for any
operational issues impacting the DEMISED AREA and/or School site, including without limitation,
building security, safety, etc., and the CITY shall comply with all such requirements established by
the School Administrator with respect thereto. The CITY shall promptly notify the BOARD or its
designee of any and all notices or communications received by the CITY from any jurisdictional entity,
as well as provide notice to the BOARD of any incidents that occurred, in relation to any safety issues
or law enforcement incidents on the DEMISED AREA or elsewhere on the School site. Thereafter,
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Joint Use Agreement/City of Miami Beach/Miami Beach Senior High School
the CITY shall provide the BOARD with all information reasonably requested by the BOARD, and
shall cooperate with the BOARD in implementing any policies or procedures by the CITY required to
mitigate any further incidents in this regard. This representation by the CITY shall constitute a
material inducement for the BOARD to enter into this Agreement.
The Parties agree that the DEMISED AREA shall be closed from time to time to complete
maintenance activities, with the method, scope and scheduling of any such closure to be
determined by the BOARD or designee. In addition, the Parties acknowledge and agree that the
DEMISED AREA may be closed or its use modified as required to effectively respond to Federal,
State, School Board or local criteria or Emergency Orders, as such Emergency Orders may
currently exist or be subsequently modified or amended, dealing with pandemics, including
without limitation, any social distancing requirements, site supervision to Ensure compliance,
requirements for Personal Protective Equipment, closure of facilities or restrictions on maximum
capacity ("Emergency Orders"). Enforcement of these Emergency Orders by the CITY is a
condition precedent to its occupancy and use of the DEMISED AREA during the CITY'S Period
of Use.
VI.
IMPROVEMENTS TO THE DEMISED AREA
Subsequent to the Effective Date of this Agreement, the CITY shall provide payment to the
BOARD, in an amount not to exceed a total of$32,740.53,which funds shall be used by the BOARD
to design and install new chain link fencing in the amount of$22,040.53, with a minimum of 6 feet in
height,within the DEMISED AREA("Fence Work").As part of the Fence Work,the Board shall install
landscaping(Cocoplum hedge), in an amount of$10,700.00 to conceal the Fence, , at the City's sole
cost and expense.The Fence Work shall be as substantially depicted in Exhibit"C"attached hereto
and made a part hereof. The CITY expressly acknowledges and agrees that the BOARD shall not
commence any of the Fence Work or any design or construction activities until the BOARD has
received from the CITY the full amount of the funds noted above for the Fence Work. The CITY
further acknowledges and agrees that the Fence Work is a condition precedent to the CITY's use of
the DEMISED AREA.
The Fence Work shall be completed by the BOARD, at the CITY'S sole cost and expense,
which total cost shall not exceed $32,740.53. Any substantive change to the Fence Work shall be
approved jointly by the BOARD and the CITY, prior to implementation. The CITY acknowledges and
agrees that the CITY's use of the DEMISED AREA shall not commence until the CO is issued for
the Fence Work.
The BOARD'S Building department shall be the entity responsible for reviewing and
approving all construction documents, issuing permits for construction and providing final
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Joint Use Agreement/City of Miami Beach/Miami Beach Senior High School
acceptance of the Fence Work. The Fence Work shall commence only after issuance of proper
permits, in conformance with the requirements of the BOARD'S Building department or other
appropriate jurisdictional governmental entity, and shall at all times be in compliance with all
applicable laws, rules and regulations, including, without limitation, the Florida Building Code, the
Americans with Disabilities Act, the Jessica Lunsford Act, the State Requirements for Educational
Facilities, and the District criteria and standards, as the same may be amended from time to time.
All permits shall be properly closed by the BOARD upon completion of the Fence Work.
Failure of the BOARD to complete the Fence Work within ninety (90) days of receipt by
the BOARD of the $32,740.53 funds noted above, or some other period of time mutually agreed
to by the Parties, shall constitute a breach under this Agreement, and may result in the automatic
termination of this Agreement for cause, irrespective of Article XVI of this Agreement.
VII.
MAINTENANCE
The BOARD shall be responsible for providing all maintenance, repair and upkeep of the
DEMISED AREA. All such maintenance services will be provided in compliance with the
BOARD'S standards, operating procedures and frequency of service. As consideration for the
BOARD retaining maintenance responsibilities of the DEMISED AREA, the CITY shall provide an
annual contribution of $22,000 to the BOARD throughout the Term of this Agreement, and any
renewal(s) thereof ("CITY Maintenance Contribution"). The CITY shall remit payment of such
CITY Maintenance Contribution directly to the School beginning on the Commencement Date of
the Agreement, and on the anniversary date of the Commencement Date each year thereafter.
Notwithstanding the above, the CITY shall be responsible for pick-up and removal of trash
and litter within the DEMISED AREA generated during the CITY's Period of Use, including the
Approved Additional City Days. The CITY shall also be responsible for making any required
repairs to the DEMISED AREA, at the CITY's sole cost, where the BOARD can substantiate that
such improvements were damaged as a result of the actions or negligence of the CITY. In
addition, the BOARD shall be responsible for pick-up and removal of trash and litter within the
DEMISED AREA generated during the BOARD'S Period of Use.
VIII.
INSURANCE
The CITY shall, on or before the Commencement Date of this Agreement, and all times
during the Term of this Agreement, provide the BOARD with confirmation of the CITY's self-
insurance program in a form and substance acceptable to the BOARD or its designee,
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Joint Use Agreement/City of Miami Beach/Miami Beach Senior High School
Ix.
UTILITIES AND OTHER SERVICES
In the event the CITY utilizes or constructs any improvements requiring utility service, as
determined by the BOARD, .the CITY shall install separate utility services and/or meters in its name
and shall pay for all such utility services, including without limitation, water, sewer, electricity, gas,
and trash collection, at the CITY's sole cost and expense.
X.
INDEMNIFICATION AND HOLD HARMLESS
The CITY does hereby agree to indemnify and hold harmless the BOARD, to the extent
of the limitations within Florida Statutes, Section 768.28, subject to the provisions in the 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$200,000, or any claim or judgment, or
) portions thereof, which, when totaled with all other claims or judgments paid by the CITY arising
out of the same incident or occurrence, exceeds the sum of$300,000 from any and all personal
injury or property damage claims, liabilities, losses and causes of action which may arise as a
result of the negligence of the CITY. However, nothing herein shall be deemed to indemnify the
BOARD from any liability or claim arising out of the negligent performance or failure of
performance of the BOARD or as a result of the negligence of any unrelated third party.
The BOARD does hereby agree to indemnify and hold harmless the CITY, to the extent
of the limitations within Florida Statutes, Section 768.28, subject to the provisions in the 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 $200,000, 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$300,000 from any and all personal
injury or property damage claims, liabilities, losses and causes of action which may arise as a
result of the negligence of the BOARD. However, nothing herein shall be deemed to indemnify
the CITY from any liability or claim arising out of the negligent performance or failure of
performance of the CITY or as a result of the negligence of any unrelated third party.
The provisions of this Article shall survive the expiration or early termination or cancellation
of this Agreement.
XI.
NO LIABILITY FOR PERSONAL PROPERTY
The Parties agree to insure or self-insure their interests in personal property to the extent
each Party deems necessary or appropriate and hereby waive all rights to recovery for loss or
damage of such property by any cause whatsoever. The Parties hereby waive all rights of
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Joint Use Agreement/City of Miami Beach/Miami Beach Senior High School
subrogation under any policy or policies they may carry on property placed or moved on the
DEMISED AREA.
XII.
LIABILITY FOR DAMAGE OR INJURY
The BOARD shall not be liable for any damage or injury which may be sustained by the
CITY or any persons on or about the DEMISED AREA, other than damage or injury resulting from
the negligent performance or failure of performance on the part of the BOARD, its agents,
representatives or employees, and in such event the BOARD'S liability shall be subject to the
limitations of Section 768.28, Florida Statutes. The BOARD shall not be responsible or liable for
any loss of business, consequential damages or any other damages arising from acts of God.
The CITY shall not be liable for any damage or injury which may be sustained by the
BOARD or any persons on or about the DEMISED AREA, other than damage or injury resulting
from the negligent performance or failure of performance on the part of the CITY, its agents,
representatives or employees, and in such event the CITY's liability shall be subject to the
limitations of Section 768.28, Florida Statutes. The CITY shall not be responsible or liable for any
loss of business, consequential damages or any other damages arising from acts of God.
The provisions of this Article shall survive the expiration, or early termination or
cancellation of this Agreement.
XIII.
ASSIGNMENT AND SUBLETTING
The CITY shall not, at any time during the term of this Agreement, sublet in part or whole
the DEMISED AREA, or assign, transfer, mortgage, pledge, hypothecate or otherwise dispose of
its interest in this Agreement or any portion or part thereof, or allow any other individual or entity
to operate or manage the DEMISED AREA, or permit the DEMISED AREA to be occupied by
other persons, firms, corporations, or governmental units, without the BOARD'S prior written
consent, which may be withheld at the BOARD'S sole discretion. Any unauthorized assignment,
sublet or otherwise, shall constitute a material breach under this Agreement, and may result in
the automatic termination of this Agreement for cause, irrespective of Article XVI of this
Agreement.
XIV.
EXTENSION OF AGREEMENT
If not in default in performance of the obligations set forth in this Agreement, the CITY and
the BOARD shall have the right, but not the obligation, to extend this Agreement, under the same
terms and conditions set forth herein, for two (2) additional terms of five (5) years each from the
expiration of the original term or any renewal thereof; provided the CITY gives written notice to the
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Joint Use Agreement/City of Miami Beach/Miami Beach Senior High School
BOARD, as set forth in Article )(XVII, at least ninety (90) days prior to the expiration of the then
current Term and the City Commission approves the extension.The Parties acknowledge and agree
that any extension of the Term shall be accomplished through the execution by the Parties of a
written amendment to this Agreement.
XV.
CANCELLATION
In addition to the provisions of Articles XVI and XXVIII,the BOARD and CITY shall each have
the right to cancel this Agreement without cause or penalty, by giving the other Party written notice
at least one hundred eighty(180)days prior to the effective date of said cancellation. In the event of
cancellation by either Party,the CITY shall surrender and vacate the DEMISED AREA in compliance
with Article XX of this Agreement.
XVI.
DEFAULT
The BOARD shall notify the CITY in writing regarding the CITY's failure to perform or to
comply with the terms and condition of this Agreement. If the CITY fails to cure the default within
thirty(30)days after receiving written notice or does not provide the BOARD with a written response
indicating the status of the CITY's curing of the default and providing a mutually agreeable schedule
to cure all defaults, said approval not to be unreasonably withheld, within thirty (30) days after
receiving written notice, the BOARD shall have the right to immediately terminate this Agreement,
without penalty, upon ten (10)days additional written notice to the CITY.
The CITY shall notify the BOARD in writing regarding the BOARD'S failure to perform or to
comply with the terms and conditions of this Agreement. If the BOARD fails to cure the default within
thirty (30) days after receiving written notice or does not provide the CITY with a written response
indicating the status of the BOARD'S curing of the default and providing a mutually agreeable
schedule to cure all defaults, said approval not to be unreasonably withheld, within thirty(30) days
after receiving written notice, the CITY shall have the right to immediately terminate this Agreement,
without penalty, upon ten (10)days additional written notice to the BOARD.
In the event of termination due to default by either Party,which default is not cured, the CITY
shall surrender and vacate the DEMISED AREA in compliance with Article XX of this Agreement.
XVII.
PEACEFUL POSSESSION
Subject to the terms, conditions and covenants of this Agreement, the Parties agree that
each Party shall and may peaceably have, hold and enjoy the DEMISED AREA, without hindrance
or interference by the other Party.
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Joint Use Agreement/City of Miami Beach/Miami Beach Senior High School
XVIII.
RIGHT OF ENTRY
Other than in the event of an emergency and subject to the provisions of Article XXXI, after
first providing reasonable notice to the CITY, the BOARD, or any of its agents, representatives or
employees, shall have the right to enter the DEMISED AREA during the CITY's Period of Use,
including the Approved Additional City Days, to examine same or to make such repairs, additions
or alterations as may be deemed necessary for the safety, comfort or preservation of the
DEMISED AREA, provided such activities do not unreasonably interfere with the CITY's use of
the DEMISED AREA.
XIX.
TAXES AND REGULATORY COMPLIANCE
The CITY shall be responsible for the collection and payment of any taxes,fees, operating
permits, licenses, or other assessments, if any, including but not limited to sales tax and ad
valorem tax, all licenses, permits or other taxes, which may be imposed on the DEMISED AREA
or the School, as a result of the leasing, use, and occupancy of the DEMISED AREA by the CITY.
If at any time during the term of this Agreement, there is a requirement by any jurisdictional
entity for infrastructure improvements or other regulatory compliance due to the CITY'S lease,
use or occupancy of the DEMISED AREA, the CITY acknowledges and agrees that it shall be
responsible for compliance with all applicable requirements, including any upgrades,
modifications or changes, at the CITY's sole cost and expense.
Non-compliance with the provisions of this Article XIX shall be deemed a material breach
of this Agreement.
XX.
SURRENDER OF PREMISES
Except as otherwise provided in this Agreement, the CITY agrees, at the expiration,
termination or cancellation of this Agreement or any extension thereof, to promptly and peacefully
surrender and deliver possession of the DEMISED AREA to the BOARD in good order and repair
and in as good or better condition as existed on the Commencement Date of this Agreement,
ordinary wear and tear, or damage by fire, windstorm or other Acts of God, excepted. The CITY
shall promptly remove all of the CITY's personal property and other items belonging to the CITY
from the DEMISED AREA, including any signage installed by the CITY. In addition, upon the
expiration, cancellation or termination of this Agreement, the CITY agrees, at the BOARD'S sole
option, to remove any improvements or other facilities constructed by the CITY on the DEMISED
AREA pursuant to this Agreement, and to restore such area to the same or better condition as
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Joint Use Agreement/City of Miami Beach/Miami Beach Senior High School
existed before the Commencement Date of this Agreement. In the event the BOARD elects to
retain said improvements constructed by the CITY, the CITY agrees to convey title to the
improvements to the BOARD, without compensation due to the CITY.
The CITY shall promptly return all keys and other items belonging to the BOARD and shall
coordinate with the BOARD to ensure a proper and timely surrender of the DEMISED AREA. Any
of the CITY's personal property not removed within ten (10) days after expiration, termination or
cancellation of this Agreement shall be considered abandoned.
XXI.
AMENDMENTS
In addition to the requirements set forth elsewhere in this Agreement, the BOARD and CITY,
by mutual agreement, shall have the right, but not the obligation, to amend this Agreement, which
shall be accomplished through the execution by the Parties of a written amendment to this
Agreement duly approved by the School Board in compliance with all applicable laws, including,
without limitation, Section 1013.15(1), F.S. Such amendments shall be effective only when signed
by the BOARD and CITY and shall be incorporated as part of this Agreement.
XXII.
NON-DISCRIMINATION
The Parties agree that there will be no discrimination against any person based upon race,
color, sex, religious creed, ancestry, ethnic or national origin, citizenship status, mental or physical
handicap, genetic information, age, political beliefs, sexual orientation, gender, gender
identification, marital status, social and family background, linguistic preference, pregnancy or as
otherwise provided by law, in the use of the DEMISED AREA. It is expressly understood that upon
a determination by a court of competent jurisdiction that discrimination in the use of the DEMISED
AREA by a Party hereto has occurred, such event shall be treated as a Default hereunder.
XXIII.
LEGAL FEES AND COURT COSTS
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 paragraph shall survive the expiration or early termination or cancellation of this
Agreement.
XXIV.
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 Miami-Dade County, Florida.
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Joint Use Agreement/City of Miami Beach/Miami Beach Senior High School
XXV.
SEVERABILITY
In the event any paragraph, clause or sentence of this Agreement or any future amendment
thereto 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 any deletion, provided to do so would not render interpretation of the Agreement provisions
ambiguous or a nullity.
XXVI.
WAIVER
No waiver of any provision shall be deemed to have been made unless such waiver is in
writing and signed by the BOARD or the CITY. The failure of any Party to insist upon strict
performance of any of the covenants, provisions or conditions of this Agreement shall not be
construed as waiving or relinquishing any such covenants, provisions or conditions, but the same
shall continue and remain in full force and effect.
XXVII.
NOTICE AND GENERAL CONDITIONS
A. All notices or communications under this Agreement by either Party to the other
("Notice"), shall be sufficiently given or delivered if dispatched by(1) certified U.S. mail, postage
pre-paid, return receipt requested, (2) hand delivery, (3) Federal Express or other comparable
overnight mail service, (4) telephone facsimile transmission with transmission receipt, or (5)
electronic mail to the following addresses, or as the same may be changed in writing from time to
time:
In the case of notice or communication to BOARD:
The School Board of Miami-Dade County, Florida
do Superintendent of Schools
School Board Administration Building
1450 N.E. Second Avenue, Room 912
Miami, Florida 33132
Fax: 305-995-1488
With a copy to:
Miami-Dade County Public Schools
Office of School Facilities
Attention: Chief Facilities Design & Construction Officer
1450 N.E. Second Avenue, Room 923
Miami, Florida 33132
Fax: 305-995-1918
E-mail: RPerez6 a( ,dadeschools.net
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Joint Use Agreement/City of Miami Beach/Miami Beach Senior High School
With a copy to:
The School Board of Miami-Dade County, Florida
School Board Attorney's Office
1450 NE 2nd Avenue, #400
Miami, FL 33132
Attn: School Board Attorney
Fax: 305-995-1412
E-mail: Walter.Harvev(a�dadeschools.net and ACraft@dadeschools.net
In the case of notice or communication to the CITY:
City of Miami Beach
Office of the City Manager
1700 Convention Center Drive
Miami Beach, FL 33139
Attn: City Manager
Fax: 305-673-7782
E-mail: JimmyMorales@miamibeachfl.gov
With a copies to:
City of Miami Beach
Parks and Recreation Department
1701 Meridian Avenue, Suite 401
Miami Beach, FL 33139
Attn: Parks and Recreation Director
Fax: 305-673-7730
E-mail: JohnRebar(a miamibeachfl.gov
City of Miami Beach
Office of the City Attorney
1700 Convention Center Drive
Miami Beach, FL 33139
Attn: City Attorney
Fax: 305-670-7002
E-mail: RaulAguila@miamibeachfl.gov
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 or his/her designee
shall be the party designated by the Board to grant or deny all approvals or waivers required by
the Agreement dealing with construction of improvements, changing periods or schedules of use,
or any other routine operational issues. For purposes of this Agreement, the City Manager or
his/her designee shall be the party designated by the City to grant or deny all approvals or waivers
required by the Agreement dealing with construction of improvements, changing periods or
schedules of use, or any other routine operational issues.
D. In addition to the above, for purposes of the Agreement, the Superintendent of
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Joint Use Agreement/City of Miami Beach/Miami Beach Senior High School
Schools shall be the party designated by the BOARD to execute amendments to this Agreement
within the authority granted to the Superintendent by the BOARD in this Agreement, and to grant
or deny any approvals required by the Agreement, including placing the CITY in default, or
renewing, extending, canceling or terminating the Agreement.
E. Except as otherwise provided in this Agreement, any Notice shall be deemed
received only upon actual delivery at the address set forth above. Notices delivered after 5:00 PM
(at the place of delivery)or on a non-business day, shall be deemed received on the next business
day. If any time for giving Notice contained in this Agreement would otherwise expire on a non-
business day, the Notice period shall be extended to the next succeeding business day. "Day" as
used in this Agreement shall be defined as calendar day, unless otherwise provided. Counsel for
the BOARD and Counsel for the CITY may deliver Notice on behalf of the BOARD and the CITY,
respectively. Any party or other person to whom Notices are to be sent or copied may notify the
other parties of any change in name or address to which Notices shall be sent by providing the
same pursuant to this provision.
XXVIII.
DAMAGE AND DESTRUCTION
Other than damage or destruction caused by the BOARD, as enumerated below, in the
- event the DEMISED AREA, in whole or in part, should be destroyed or so damaged by fire,
windstorm or other casualty to the extent the facilities are rendered untenantable or unfit for the
purposes intended, the CITY may cancel this Agreement with thirty (30) days advance written
notice to the BOARD. If the CITY fails to cancel this Agreement, the BOARD may, at its sole
option, either cancel this Agreement by giving written notice to the CITY, or repair or replace the
damaged/destroyed facilities. In the alternative, in the event neither Party cancels the Agreement
as provided above, the CITY, at its sole option, may repair/replace the damaged/destroyed
facilities, at the CITY's expense. In the event the CITY elects to repair or replace the
damaged/destroyed facilities, the CITY shall repair or replace same, and place in a safe, secure
and useable condition within one hundred eighty (180) days from the date of said damage or
destruction, or other reasonable period of time as mutually agreed to by the Parties, which shall
be determined based upon the scope and nature of the damages, costs of the necessary repairs
and available funding for such repairs. Should the damaged/destroyed facilities not be repaired
and rendered tenantable within the aforementioned time period, then the BOARD may, at its sole
option, cancel this Agreement with ten (10) days advance notice.
The Parties agree that in the event of cancellation of the Agreement due to damage or
destruction, the Parties shall surrender the DEMISED AREA in compliance with Article XX of this
Agreement.
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Any damage or destruction sustained to the DEMISED AREA where the CITY can
substantiate that the improvements were damaged or destroyed as a result of the actions of the
BOARD, shall be repaired by the BOARD, at the BOARD'S sole cost and expense.
)(XIX.
SIGNAGE
The CITY may erect, at its sole cost and expense, identification signage within the DEMISED
AREA, subject to the prior written approval of the BOARD, or its designee, and in conformance with
all rules and regulations governing public schools.
Upon the termination, expiration or cancellation of this Agreement, the CITY shall remove
from the DEMISED AREA, at the CITY's expense,any signage erected by the CITY, and restore the
area to the same or better condition as existed prior to the CITY's installation of the signage.
XXX.
HAZARDOUS MATERIALS
For purposes of this Agreement, the term "Hazardous Substances" shall include, but not
be limited to, flammable substances, explosives, radioactive materials, asbestos, polychlorinated
biphenyls, chemicals known to cause cancer or reproductive toxicity, pollutants, contaminants,
hazardous wastes, medical wastes, toxic substances or related materials, petroleum and
petroleum products, and substances declared to be hazardous or toxic by Environmental Law.
The term "Environmental Law" shall mean any law, ordinance, rule, order, decree, judgment,
regulation and guideline (present and future), of any governmental, quasi-public authority and
applicable board of insurance underwriters related to environmental conditions on, under, or about
the School or DEMISED AREA, or arising from the CITY's use or occupancy of the DEMISED
AREA, including, but not limited to, soil, air and ground water conditions, or governing the use,
generation, storage, transportation, or disposal of Hazardous Substances in, on, at, to or from the
DEMISED AREA. The term "Hazardous Substances Discharge" shall mean any deposit, spill,
discharge, or other release of Hazardous Substance that occurs during the term, at or from the
DEMISED AREA, or that arises at any time from use or occupancy of the DEMISED AREA.
The CITY shall not cause or permit to occur: (a) any violation of any Environmental Law
in the DEMISED AREA or School, or (b) the use, generation, release, manufacture, refining,
production, processing, storage or disposal of any Hazardous Substances on, under, or about the
DEMISED AREA, or the transportation to or from the DEMISED AREA of any Hazardous
Substance.
The CITY shall, at the CITY's expense, comply with all applicable Environmental Laws
with respect to the DEMISED AREA and School. The CITY shall, at the CITY's own expense,
make all submissions to, provide all information required by and otherwise fully comply with all
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Joint Use Agreement/City of Miami Beach/Miami Beach Senior High School
requirements of any governmental authority arising under Environmental Laws with respect to the
DEMISED AREA during the term of this Agreement. If any governmental authority requires any
clean-up or clean-up measures because of any Hazardous Substances Discharge demonstrated
to have been caused by the CITY with respect to the DEMISED AREA or School, then the CITY
shall, at the CITY's own expense, prepare and submit the required plans and all related bonds
and other financial assurances and shall carry out all such clean-up plans. The CITY shall
promptly notify the BOARD of any notices or communications received from any jurisdictional
entity in relation to any environmental issues on the DEMISED AREA or elsewhere on the School
site, and shall promptly provide the BOARD with all information reasonably requested by the
BOARD regarding the CITY's use, generation, storage, transportation or disposal of Hazardous
Substances in or at the DEMISED AREA.
The obligations and liability of the Parties under this paragraph shall survive the expiration
or termination of this Agreement.
XXXI.
COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS
The Parties shall comply with all applicable laws, rules, regulations, ordinances and codes of
all governmental authorities, including, without limitation, the Florida Building Code, the Americans
with Disabilities Act and the Jessica Lunsford Act, as all may be further amended from time to time
and to the extent required by applicable law.
XXXII.
SUBORDINATION
Notwithstanding any other provisions of this Agreement, this Agreement is and shall be
subject and subordinate to any conveyance and ground or underlying leases, and the rights of the
School and the rights of the BOARD under those leases and to all financing that may now or hereafter
affect the leases or the School, or any portions thereof, and to all renewals, modifications,
consolidations, replacements and extensions thereof. This provision shall be self-operative and no
further instrument of subordination shall be necessary. However, in confirmation of this
subordination, the CITY shall execute, within forty-five (45) calendar days of request, any certificate
that the BOARD may request.
XXXII!.
FLORIDA PUBLIC RECORDS LAW; AUDITS AND INSPECTIONS &
ACCESS TO RECORDS
This Agreement shall be subject to Florida's Public Records Laws, Chapter 119, Florida Statutes.
The Parties understand the broad nature of these laws and agree to comply with Florida's Public
Records Laws and laws relating to records retention. The CITY shall keep and maintain public
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Joint Use Agreement/City of Miami Beach/Miami Beach Senior High School
records required by the BOARD to perform the service. The CITY shall keep records to show its
compliance with this Agreement. The CITY's contractors and subcontractors must make available,
upon request of the BOARD,a Federal grantor agency,the Comptroller General of the United States,
or any of their duly authorized representatives, any books, documents, papers, and records of the
CITY or its assigns, contractors or subcontractors which are directly pertinent to this specific
Agreement for the purpose of making audit, examination, excerpts, and transcriptions. Upon request
from the BOARD'S custodian of public records, the CITY shall provide the BOARD with a copy of
the requested records or allow the records to be inspected or copied within a reasonable time at a
cost that does not exceed the cost provided in this chapter or as otherwise provided by law. The
CITY shall ensure that public records that are exempt or confidential and exempt from public records
disclosure requirements are not disclosed except as authorized by law for the duration of the term of
this Agreement and following the expiration or early termination or cancellation of this Agreement if
the CITY does not transfer the records to the BOARD. The CITY, its assigns, contractors and sub-
contractors shall retain all records for five (5) years after final payment is made or received and all
pending matters are completed pursuant to Title 34, Sections 80.36(b)(1). The CITY, upon
completion of the Agreement,shall transfer,at no cost to the BOARD,all public records in possession
of the CITY or keep and maintain public records required by the BOARD to perform the service. If
the CITY transfers all public records to the BOARD upon completion of the Agreement, the CITY
shall destroy any duplicate public records that are exempt or confidential and exempt from public
records disclosure requirements. If the CITY keeps and maintains public records upon completion of
the Agreement, the CITY shall meet all applicable requirements for retaining public records. All
records stored electronically must be provided to the BOARD, upon request from the BOARD'S
custodian of public records, in a format that is compatible with the information technology systems
of the BOARD.
The CITY shall incorporate this provision into every contract that it enters into relating to the
DEMISED AREA.
IF BOTH PARTIES HAVE QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO THE PROVIDER'S DUTY TO PROVIDE PUBLIC
RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC
RECORDS AT 305-995-1128, prr(dadeschools.net, and 1450 NE 2 Avenue, Miami, Florida
33132.
XXXIV.
USE OF FACILITY AS A REVENUE GENERATOR
The BOARD shall at all times retain the exclusive right to be the sole authorizer and recipient
of revenue generators, in compliance with BOARD Policies, relating to the DEMISED AREA,
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Joint Use Agreement/City of Miami Beach/Miami Beach Senior High School
including, without limitation, third party advertising or installation of wireless telecommunications
facilities, provided such endeavors do not unreasonably interfere with the CITY's rights to peaceful
enjoyment of the DEMISED AREA.
X)(XV.
REPRESENTATIONS
The CITY has full power to execute, deliver, and perform its obligations under this
Agreement. The execution and delivery of this Agreement, and the performance by the CITY of its
obligations under this Agreement, have been duly authorized by all necessary action of the CITY,
and do not contravene or conflict with any rules, regulations, policies or laws governing the CITY, or
any other agreement binding on the CITY. The individual(s) executing this Agreement on behalf of
the CITY has/have full authority to do so.
The BOARD has full power to execute, deliver, and perform its obligations under this
Agreement. The execution and delivery of this Agreement, and the performance by the BOARD of
its obligations under this Agreement, have been duly authorized by all necessary action of the
BOARD, and do not contravene or conflict with any rules, regulations, policies or laws governing the
BOARD, or any other agreement binding on the BOARD.The individual(s)executing this Agreement
on behalf of the BOARD has/have full authority to do so.
XXXVI.
MISCELLANEOUS PROVISIONS
A. RECORDATION: This Agreement may not be recorded by either Party.
B. EMINENT DOMAIN: If all or portions of the DEMISED AREA are taken in the exercise of
the power of eminent domain, this Agreement shall terminate on the date title vests in the
taking authority. The CITY may pursue all available remedies for the taking but will have
no interest in the award made to the BOARD.
C. RADON GAS: Radon is a naturally occurring radioactive gas that, when it has
accumulated in a building in sufficient quantities, may present health risks to persons who
are exposed to it over time. Levels of radon that exceed federal and state guidelines have
been found in buildings in Florida. Additional information regarding radon and radon
testing may be obtained from your county health department.
D. TIME IS OF THE ESSENCE:Time is of the essence in the performance of this Agreement.
E. WAIVER OF TRIAL BY JURY: THE PARTIES WAIVE TRIAL BY JURY IN ANY ACTION,
PROCEEDING OR COUNTERCLAIM BROUGHT BY EITHER PARTY AGAINST THE
OTHER WITH RESPECT TO ANY MATTER ARISING UNDER THIS AGREEMENT OR
THE CITY'S AND BOARD'S USE OR OCCUPATION OF THE DEMISED AREA.
F. BROKERS: Each Party represents that there are no brokers, salesmen or finders involved
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•
Joint Use Agreement/City of Miami Beach/Miami Beach Senior High School
in the transaction contemplated by this Agreement. If any other claim for a brokerage fee
or commission in connection with this transaction is made by any broker, salesman or
finder claiming to have dealt by, through or on behalf of a Party ("Indemnitor"), and in
consideration of the mutual promises contained in this Agreement, Indemnitor shall
indemnify, defend and hold harmless the other Party ("Indemnitee"), and Indemnitee's
officers, directors, agents and representatives, from and against any and all liabilities,
damages, claims, costs, fees and expenses whatsoever with respect to said claim for
brokerage. The provisions of this Paragraph shall survive the expiration or earlier
termination or cancellation of this Agreement.
G. PROMOTION: Other than activities undertaken to promote the CITY's program(s) within
the DEMISED AREA, the CITY shall not be permitted to use the DEMISED AREA for
promotion or advertising of any type or nature whatsoever.
H. USE APPROVALS: The CITY shall be responsible for determining and securing, at its
sole cost and expense, all federal, state, county, municipal and/or other permits, licenses,
use approvals, occupational licenses, certificates or approvals needed, if any, for the
CITY's use and operations at the DEMISED AREA, prior to commencement of the
Agreement.
I. COUNTERPARTS: This Agreement may be executed in any number of counterparts, each
of which when executed and delivered shall be an original; however, all such counterparts
together shall constitute but one and the same instrument. Signature and acknowledgment
pages, if any, may be detached from the counterparts and attached to a single copy of this
document to physically form one Agreement.
J. TAX-EXEMPT STATUS: In addition to the provisions of Article XIX of this Agreement, the
CITY acknowledges and agrees that in the event the tax-exempt status of the DEMISED
AREA is rescinded or is at risk of being rescinded by Miami-Dade County or other
appropriate jurisdictional governmental entity as a result of the use, occupancy or lease of
same by the CITY or a Qualified Third Party, such rescission or potential rescission (as
may be evidenced by a Notice of Proposed Property Taxes or any other official notice of
any tax imposed by County, State or any other jurisdictional entity)shall constitute a default
under this Agreement, and may result, at the BOARD'S sole option, in the automatic
termination of this Agreement for cause, irrespective of Article XVI of this Agreement.
Payment of any taxes so imposed shall be remitted to the BOARD within ten (10) days of
receipt of notice, without demand.
K. INTELLECTUAL PROPERTY RIGHTS: The CITY shall indemnify and hold harmless the
BOARD from and against all liability of any nature or kind, including damages, costs and
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Joint Use Agreement/City of Miami Beach/Miami Beach Senior High School
expenses (including reasonable attorney's fees and costs at the trial level and through all
appeals) for or on account of any copyrighted, service marked, trademarked, patented or
unpatented invention, process, article or work manufactured or used in the performance of
this Agreement. If the CITY uses any design, device, materials or works covered by letters,
service mark, trademark, patent, copyright or any other intellectual property right, it is
mutually agreed and understood without exceptions that the CITY shall be liable for all
royalties or costs arising from the use of such design, device or materials in any way involved
in the activities contemplated by this Agreement.
L. SOVEREIGN IMMUNITY: No provision contained in this Agreement shall be deemed a
waiver of either Parties sovereign immunity.
M. SECURITY AND SUPERVISION: The CITY shall provide proper supervision and security of
the DEMISED AREA at all times during the CITY's Period of Use, including the Approved
Additional CITY Days as further outlined in Article V of this Agreement.
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Joint Use Agreement/City of Miami Beach/Miami Beach Senior High School
XXXVII.
ENTIRE AGREEMENT
This Agreement and all Exhibits attached hereto, constitute the entire agreement between
the Parties and supersede all previous negotiations, and it may be modified only by an agreement
in writing signed by the BOARD and the CITY.
[INDIVIDUAL SIGNATURE PAGES FOLLOW]
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Joint Use Agreement/City of Miami Beach/Miami Beach Senior High School
IN WITNESS WHEREOF, the BOARD and CITY have caused this Agreement to be
executed by their respective and duly authorized officers the day and year first written above.
WITNESSES AS TO THE BOARD: BOARD:
THE SCHOOL BOARD OF MIAMI-DADE
COUNTY, FLORIDA
By:
Print Name: Alberto M. Carvalho
Superintendent of Schools
Date:
Print Name:
RECOMMENDED:
Jaime G. Torrens
Chief of Staff
Date:
TO THE BOARD: APPROVED AS TO
TO THE BOARD: APPROVED AS TO RISK FORM AND LEGAL SUFFICIENCY:
MANAGEMENT ISSUES:
Office of Risk and Benefits Management
School Board Attorney
Date:
Risk and Benefits Officer
Date:
TO THE BOARD: APPROVED AS TO
TREASURY MANAGEMENT ISSUES:
Office of Treasury Management
Treasurer
Date:
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Joint Use Agreement/City of Miami Beach/Miami Beach Senior High School
WITNESSES AS TO THE CITY: CITY:
CITY OF MIAMI BEACH
By:
Print Name: Name:
Title:
Date:
Print Name:
ATTEST:
City Clerk
Date:
TO THE CITY: APPROVED AS TO
FORM,LANGUAGE & FOR EXECUTION:
By:
City Attorney
Date:
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Joint Use Agreement/City of Miami Beach/Miami Beach Senior High School
EXHIBIT "A"
TO
JOINT USE AGREEMENT
DEMISED AREA
[consisting of pages, including this title page]
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Joint Use Agreement/City of Miami Beach/Miami Beach Senior High School
EXHIBIT "B"
TO
JOINT USE AGREEMENT
CERTIFICATE OF OCCUPANCY, CERTIFICATE OF COMPLETION OR EQUIVALENT
[consisting of pages, including this title page]
[to be attached upon completion of the I=ence Work and issuance of same by the BOARD]
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Joint Use Agreement/City of Miami Beach/Miami Beach Senior High School
EXHIBIT "C"
TO
JOINT USE AGREEMENT
DEPICTING THE FENCE WORK
[consisting of pages, including this title page]
Page 26 of 26
Joint Use Agreement/City of Miami Beach/Miami Beach Senior High School
RESOLUTION NO. 2017-30078
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AUTHORIZING THE ADMINISTRATION TO
NEGOTIATE AN AGREEMENT WITH THE SCHOOL BOARD OF MIAMI-DADE
COUNTY PUBLIC SCHOOLS; SAID AGREEMENT, IN MATERIAL PART,
PROVIDING FOR A CITY CONTRIBUTION TOWARD THE MAINTENANCE OF
THE ATHLETIC FIELD AT MIAMI BEACH SENIOR HIGH SCHOOL, THROUGH
MATCHING FUNDS, IN AN AMOUNT NOT TO EXCEED $22,000 ANNUALLY, TO
ENSURE THAT ONE-HUNDRED PERCENT (100%) OF THE HIGH SCHOOL'S
ATHLETIC FIELD IS USABLE DURING THE REMAINDER OF THE 2017-2018
SCHOOL YEAR; AUTHORIZING THE RENEWAL OF THE AGREEMENT FOR UP
TO TWO (2) ADDITIONAL ONE-YEAR TERMS THEREAFTER (SUBJECT TO
ANNUAL BUDGETARY APPROVAL BY THE CITY COMMISSION); AND
ADDRESSING POSSIBLE USAGE, BY THE CITY, OF THE ATHLETIC FIELD
AFTER-SCHOOL HOURS AND DURING WEEKENDS; AND FURTHER
AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT UPON
CONCLUSION OF SUCCESSFUL NEGOTIATIONS BY THE ADMINISTRATION.
WHEREAS, the Education Compact with Miami-Dade County Public Schools (M-DCPS),
established on January 16, 2008, includes the outcome to increase the health and well-being of
students in Miami Beach public schools; and
WHEREAS, the activities included in the Compact agreement to support this outcome
include the following:
• the M-DCPS District (the District) will maintain health clinics (nurse practitioners
and/or registered nurses) at Fienberg-Fisher, Biscayne, Nautilus, and Miami Beach
Senior High School (the High School), subject to continued available funding, and
will work with all Miami Beach schools to coordinate visits from the Health Connect
on Wheels service (as available) or similar service to schools and/or Miami Beach
recreation centers;
• the District and the City of Miami Beach (the City) will collaborate to deliver
information regarding health and wellness education, prevention and intervention
strategies regarding nutrition, physical activity levels, and health maintenance in
accordance with the District's Wellness Initiative;
• the City will explore the development of a middle school-level after-school program,
and the District will collaborate with the City by assisting with the recruitment of
students, including providing space within District-owned facilities as needed, and
exploring expanded transportation options for participating students; and
• the District will explore the expansion of full-time nurse practitioners and/or
registered nurses at schools without health clinics, subject to available funding; and
WHEREAS, currently a majority of the athletic field at the High School is not usable and
the inability for youth at the High School to utilize 100% of the athletic field year round is limiting
the athletic programs at the High School; and
WHEREAS, In support of the outcome to support the health and well-being of youth, on
October 24, 2017, the Committee for Quality Education submitted the following motion for
consideration by the City:
Page 453 of 2012
(1) that the Miami Beach Mayor and City Commission immediately request, for the 2017-
18 school year, that M-DCPS partner with the City to assist in helping the High School
field be 100% usable by matching maintenance funds up to $22,000; and
(2) that MDCPS and the City negotiate to allow community access after-school hours and
weekends when the field is not being used by the High School youth; and
WHEREAS, M-DCPS and the City currently have joint use agreements for the use of
greenspace at Nautilus Middle School and Biscayne Elementary School, and use of the baseball
and softball fields at Flamingo Park (the Flamingo Park Agreement); and
WHEREAS, pursuant to the Flamingo Park Agreement, the City currently receives
$22,203.67 from M-DCPS for annual maintenance costs; and
WHEREAS, the Administration recommends that the City execute an agreement with M-
DCPS for the 2017-2018 school year, with two (2) one-year renewal terms, at the City's option,
providing for a City contribution, in an amount not to exceed $22,000, toward the maintenance of
the High School field, with the first year's contribution to be funded from the current funds which
the City receives pursuant to the Flamingo Park Agreement; and further providing for use by the
City of the High School field when the field is not being used by the High School youth.
NOW, THEREFORE, BE IT DULY RESOLVED THAT THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission
hereby authorize the Administration to negotiate an agreement with the School Board of Miami-
Dade County Public Schools; said agreement, in material part, providing for a City contribution
toward the maintenance of the athletic field at Miami Beach Senior High School, through matching
funds, in an amount not to exceed $22,000 annually, to ensure that one-hundred percent (100%)
of the High School's athletic field is usable during the remainder of the 2017-2018 school year;
authorizing the renewal of the agreement for up to two (2) additional one-year terms thereafter
(subject to annual budgetary approval by the City Commission); and addressing possible usage,
by the City, of the athletic field after-school hours and during weekends; and further authorize the
City Manager to execute the agreement upon conclusion of successful negotiations by the
Administration.
PASSED and ADOPTED this 3/ day of &lobe( 2017.
ATTEST:
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Page 454 of 2012 , Ci y Attorne >, "r Date
Resolutions-C7 F
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Commissioner John Elizabeth Aleman
DATE: October 31, 2017
SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AUTHORIZING THE ADMINISTRATION TO
NEGOTIATE AN AGREEMENT WITH THE SCHOOL BOARD OF MIAMI-DADE
COUNTY PUBLIC SCHOOLS; SAID AGREEMENT, IN MATERIAL PART,
PROVIDING FOR A CITY CONTRIBUTION TOWARD THE MAINTENANCE OF
THE ATHLETIC FIELD AT MIAMI BEACH SENIOR HIGH SCHOOL, THROUGH
MATCHING FUNDS, IN AN AMOUNT NOT TO EXCEED $22,000 ANNUALLY, TO
ENSURE THAT ONE-HUNDRED PERCENT (100%) OF THE HIGH SCHOOL'S
ATHLETIC FIELD IS USABLE DURING THE REMAINDER OF THE 2017-2018
SCHOOL YEAR; AUTHORIZING THE RENEWAL OF THE AGREEMENT FOR UP
TO TWO (2) ADDITIONAL ONE-YEAR TERMS THEREAFTER (SUBJECT TO
ANNUAL BUDGETARY APPROVAL BY THE CITY COMMISSION); AND
ADDRESSING POSSIBLE USAGE, BY THE CITY, OF THE ATHLETIC FIELD
AFTER-SCHOOL HOURS AND DURING WEEKENDS; AND FURTHER
AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT UPON
CONCLUSION OF SUCCESSFUL NEGOTIATIONS BY THE ADMINISTRATION.
RECOMMENDATION
Approval of the Resolution.
ANALYSIS
The Education Compact with Miami-Dade County Public Schools (M-DCPS), established on
January 16, 2008, includes the outcome to increase the health and well-being of students in Miami
Beach public schools. The activities included in the Compact agreement to support this outcome
include the following:
• The M-DCPS District (the District) will maintain health clinics (nurse practitioners and/or
registered nurses) at Fienberg-Fisher, Biscayne, Nautilus, and Miami Beach Senior High
School (the High School), subject to continued available funding, and will work with all Miami
Beach schools to coordinate visits from the Health Connect on Wheels service (as available)or
similar service to schools and/or Miami Beach recreation centers;
• The District and the City of Miami Beach (the City) will collaborate to deliver information
regarding health and wellness education, prevention and intervention strategies regarding
nutrition, physical activity levels, and health maintenance in accordance with the District's
Wellness Initiative;
• The City will explore the development of a middle school-level after-school program. The
District will collaborate with the City by assisting with the recruitment of students, including
Page 57 of 426
Page 455 of 2012
providing space within District-owned facilities as needed, and exploring expanded
transportation options for participating students; and
• District will explore the expansion of full-time nurse practitioners and/or registered nurses at
schools without health clinics,subject to available funding.
Currently, the majority of the athletic field at the High School is not usable and the inability for
youth at the High School to utilize 100% of the athletic field year round is limiting the athletic
programs for the High School..
In support of the outcome to support the health and well-being of youth, on October 24, 2017,
the Committee for Quality Education submitted the following motion for consideration by the
City of Miami Beach:
The Committee for Quality Education asks the Miami Beach Mayor and City Commission
to immediately request, for the 2017-18 school year, that Miami-Dade County Public
Schools partner with the City of Miami Beach to assist in helping the Miami Beach Senior
High School field be 100% usable by matching maintenance funds up to $22,000; and
negotiate to allow community access after-school hours and weekends when the field is not
being used by Miami Beach Senior High School youth.
Additionally, a partnership with M-DCPS may increase recreational field space for community youth
after-school, summer and on weekends when available. The City and MDCPS have existing joint
use agreements for other greenspace located at Nautilus Middle School and Biscayne Elementary
School for use of park and playground recreational purposes. Furthermore, the City has a current
Use Agreement with MDCPS which dates back to 2001, which allows the High School the use of
the Baseball and Softball fields at Flamingo Park (the Flamingo Park Agreement) in order to benefit
the students of the school and to make facilities available for recreational programs and activities.
Pursuant to this agreement the Board reimburses the City at an established amount of $22,203.67
for the prorated share of the annual maintenance costs for use of the fields at Flamingo Park.
The Administration is recommending the City partner with MDCPS to allow for immediate full use of
the athletic field by youth at Miami Beach Senior High School, by entering into an agreement,
providing, in material part, for the City to contribute up to $22,000 toward the maintenance of the
High School field for the 2017-2018 school year, from the current funds which the City receives
pursuant to the Flamingo Park Agreement; for two(2)one-year renewal options, at the City's option,
subject to budgetary approvals; and for use by the City during times when the field is not being used
by the High School youth.
CONCLUSION
Commission direction on negotiation of an agreement with M-DCPS for maintenance of athletic field
at Miami Beach Senior High School.
KEY INTENDED OUTCOMES SUPPORTED
Achieve Educational(K-12) Excellence
Legislative Tracking
Organizational Development/Parks and Recreation
Page 58 of 426
Page 456 of 2012
Sponsor
Commissioner John Elizabeth Aleman
ATTACHMENTS:
Description
n Resolution
•
Page 59 of 426
Page 457 of 2012
RESOLUTION NO.; 2020-31152 • '
• A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE
CITY MANAGER TO COMMIT $250,000 TOWARDS THE
RENOVATION OF.THE FOOTBALL FIELD AT MIAMI BEACH •
SENIOR HIGH SCHOOL, AND ADDTIONALLY, OFFER A •
MATCHING GRANT NOT TO EXCEED $100,000 IN THE EVENT
ANY ENTITY, NONPROFIT OR OTHER ORGANIZATION
COMES FORWARD WITH ADDITIONAL DONATIONS.
WHEREAS, the football field behind Miami Beach Senior High. ("MBSH") is currently •
unusable and is in need of renovation; and •
WHEREAS, the Parent Teacher Student Association at MBSH formed a Field Committee
to discuss improvements necessary at the field; and
WHEREAS, the Field Committee determined the scope of the new design should include
a multi-use artificial turf field, lined for soccer, football, and a 50-meter running track, as well as
batting cages; and
WHEREAS,the estimated cost of the project is between$750,000 and $1 million; and
WHEREAS, there are three entities interested in funding the field project — The Dolphin
Foundation, which agreed to fund $250,00, with an opportunity to make an in-kind contribution
of another $200,000, Miami-Dade County Public Schools Systems ("MDCPS"), and the City of
Miami Beach; and
WHEREAS, the City will identify funding in the amount of $250,000 to allocate towards
the project, conditioned upon Miami-Dade County Public Schools and The Dolphin Foundation
matching funding by way of cash and in-kind donations; and
WHEREAS, in addition to the City's $250,000 commitment, the City will also offer a
matching grant not to exceed $100,000, in the event any other entity, nonprofit, or other .
organization comes forward with additional donations.
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 authorize the City Manager to commit $250,000 towards the renovation of the
football field at Miami Beach Senior High School, and additionally, offer a matching grant not to
exceed $100,000 in the event any entity, nonprofit or other organization comes forward with
additional donations.
•
PASSED and ADOPTED this 13th day of February, 2019.
ATTEST:
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2./14/26-20
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