Resolution 2024-33420RESOLUTION NO. 2024-33420
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF
THE PUBLIC SAFETY AND NEIGHBORHOOD QUALITY OF LIFE
COMMITTEE, AT ITS NOVEMBER 6, 2024 MEETING, APPROVING OPTION
1, PRESENTED TO THE COMMITTEE IN CONNECTION WITH THE
INSTALLATION OF A FENCE AND SIDEWALK (IMPROVEMENTS) AT
POLO PARK, ADJACENT TO THE SOFTBALL FIELD AND BASKETBALL
COURTS OF MIAMI BEACH NAUTILUS MIDDLE SCHOOL, AS A
SECURITY MEASURE; AND FURTHER AUTHORIZING THE CITY
MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL DOCUMENTS
AND/OR AGREEMENTS WITH THE SCHOOL BOARD OF MIAMI-DADE
COUNTY, FLORIDA (SCHOOL BOARD) RELATING TO THE
INSTALLATION OF THE IMPROVEMENTS AT THE SOLE COST OF THE
SCHOOL BOARD AND UPON TERMS MUTUALLY AGREEABLE TO THE
PARTIES.
WHEREAS, on October 21, 1992, the Mayor and City Commission approved
Resolution No. 92-20635, authorizing the execution of an Exchange Agreement bebveen the
City and the School Board of Miami -Dade County, Florida (the "School Board"), for the
exchange of the City -owned property located at 805 42n' Street, Miami Beach, Florida and at
the time commonly known as "Polo Park", for the School Board -owned property located at 4301
N.. Michigan Avenue, Miami Beach, Florida and commonly known at the time as "Nautilus
Middle School"; and
WHEREAS, on December 1, 1993, the Mayor and City Commission adopted
Resolution No. 93-21003, authorizing the City to execute a Construction Agreement and a Joint
Use Agreement for the construction, joint use and coordination of, recreational and other
facilities to be located on the property at the time commonly known as the Nautilus Middle
School property; and
WHEREAS, the School Board approved the Joint Use Agreement with the City in
accordance with Board Item No. A-17 at its December 8, 1993 meeting; and
WHEREAS, on January 20, 1994, School Board and the City executed the
Construction Agreement and Joint Use Agreement ("JUA"), which JUA contains an original term
of forty (40) years, with one additional twenty (20) year renewal term, at the option of the School
Board and; and
WHEREAS, on December 1, 2002, the City and the School Board executed a
Settlement Agreement resolving a disagreement between the parties associated with the proper
construction of the tennis courts, and on December 9, 2009, the parties executed a Restated
Settlement Agreement, finalizing the negotiations and acceptance of the improvements under
the Construction Agreement, and following certain payments to the City, acceptance by the City
of the improvements; and
WHEREAS, per the JUA, the City permits the School Board to utilize certain portions
of what is now Polo Park as a playground, athletic and recreation area ('Demised Premises');
and
WHEREAS, the School Board has full control, custody, right and use of the Demised
Premises during regular school hours on regular school days; and during summer school and
for after -school activities the administrators of Miami Beach Nautilus Middle School and City's
Parks Department coordinate access; and
WHEREAS, the City staff, as well as the general public, have the right to access and
use of the following areas of the Demised Premises during school hours: tot lot, racquetball and
tennis courts; and
WHEREAS, per the JUA, the School Board has reserved the right to promulgate and
enforce reasonable rules and regulations governing the use of the recreational facilities by the
public during school hours; and
WHEREAS, the School Board transmitted a letter, dated July 12, 2024, regarding the
monitoring of the current legislative session, in an attempt to implement changes that may be
required in the immediate future, and through this monitoring, the School Board has become
aware of the new regulations being promulgated regarding school safety and security; and
WHEREAS, an additional emphasis is being placed on locking and monitoring access
points to school sites when students are present on campus; and
WHEREAS, during the School Board's compliance review, the School Board identified
Miami Beach Nautilus Middle School as an area of concern, in that, per their review, there are
perimeter fencing enclosure areas lacking where, during regular school hours, students are
present for outdoor activities; and
WHEREAS, the School Board site administration has observed individuals utilizing the
basketball courts and baseball fields during school hours resulting in intervention by the
resource officer; and
WHEREAS, the School Board is aware of the long and fruitful history of collaboration
with the City regarding Miami Beach Nautilus Middle School, as well as the terms of the JUA,
that has been in effect since 1994; and
WHEREAS, the School Board requested a review of the JUA to determine the best
way to allow for fencing to be placed around Miami Beach Nautilus Middle School to limit
access to the property during instructional time; and
WHEREAS, at the July 24, 2024 City Commission meeting, the Mayor and City
Commission referred an item (C4 P) to the Public Safety and Neighborhood Quality of Life
Committee ("PSNQLC" or "Committee') to discuss the JUA vis-a-vis Miami Beach Nautilus
Middle School's request to install a fence at Polo Park; and
WHEREAS, during the September 18, 2024 PSNQLC meeting, City staff informed the
Committee that they met with representatives from the School Board onsite at Miami Beach
Nautilus Middle School and Polo Park on Friday, September 13, 2024, to discuss the proposed
fence location and any potential park operational impacts, and City staff requested to come
back to the next meeting with an update, as City Staff was in the process of discussing different
options with the School Board; and
WHEREAS, the School Board has recommended to proceed with the fence layout
indicated in Option 1 (Attachment 8 to the Committee Memorandum), which also includes the
construction of a sidewalk area (collectively, the "Improvements"), with the School Board paying
for the installation of the Improvements at Polo Park; and
WHEREAS, during the November 6, 2024 PSNQLC meeting, the Committee gave a
favorable recommendation, approving Option 1, in connection with the installation of the
Improvements at Polo Park, adjacent to the field and basketball courts of Miami Beach Nautilus
Middle School, as a security measure; and
WHEREAS, the City Manager recommends accepting the recommendation of the
PSNQLC, at its November 6, 2024 meeting, approving Option No. 1 for the construction of the
Improvements, as this option doesn't eliminate access to the children's playground and
tennis/pickleball courts during school hours and provides additional security for the school kids
attending Miami Beach Nautilus Middle School; and further authorizing the City Manager to
negotiate and execute any and all documents and/or agreements with the School Board relating
to the installation of the Improvements at the sole cost of the School Board and upon terms
mutually agreeable to the parties.
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 hereby accept the recommendation of the Public Safety and Neighborhood Quality
of Life Committee, at its November 6, 2024 meeting, approving Option 1, presented to the
Committee in connection with the installation of a fence and sidewalk (Improvements) at Polo
Park, adjacent to the softball field and basketball courts of Miami Beach Nautilus Middle School,
as a security measure; and further authorize the City Manager to negotiate and execute any and
all documents and/or agreements with the School Board of Miami -Dade County, Florida (School
Board) relating to the installation of the improvements at the sole cost of the School Board and
upon terms mutually agreeable to the parties.
PASSED and ADOPTED this 11'h day of December 2024.
Steven Meiner, Mayor
ATTEST:
DEC ) L 202L
� t
Rafael E. Grenade, City Clerk !,
'rn t
APPROVED AS TO
FORM & LANGUAGE
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CRY AttomeY { Dote
Resolutions - C7 J
MIAMI BEACH
COMMISSION MEMORANDUM
TO. Honorable Mayor and Members of the City Commission
FROM: Eric Carpenter, City Manager
DATE: December 11, 2024
TITLE: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE
PUBLIC SAFETY AND NEIGHBORHOOD QUALITY OF LIFE COMMITTEE, AT ITS
NOVEMBER 6, 2024 MEETING, APPROVING OPTION 1, PRESENTED TO THE
COMMITTEE IN CONNECTION WITH THE INSTALLATION OF A FENCE AND
SIDEWALK (IMPROVEMENTS) AT POLO PARK, ADJACENT TO THE FIELD AND
BASKETBALL COURTS OF MIAMI BEACH NAUTILUS MIDDLE SCHOOL, AS A
SECURITY MEASURE; AND FURTHER AUTHORIZING THE CITY MANAGER TO
NEGOTIATE AND EXECUTE ANY AND ALL DOCUMENTS AND/OR
AGREEMENTS WITH THE SCHOOL BOARD OF MIAMI-DADE COUNTY,
FLORIDA (SCHOOL BOARD) RELATING TO THE INSTALLATION OF THE
IMPROVEMENTS AT THE SOLE COST OF THE SCHOOL BOARD AND UPON
TERMS MUTUALLY AGREEABLE TO THE PARTIES.
Accept the recommendation of the Public Safety and Neighborhood Quality of Life Committee, at
its November 6, 2024 meeting, approving option 1, presented to the Committee in connection with
the installation of a fence and sidewalk (Improvements) at Polo Park, adjacent to the field and
basketball courts of Miami Beach Nautilus Middle School, as a security measure; and further
authorizing the City Manager to negotiate and execute any and all documents and/or agreements
with the School Board of Miami -Dade County, Florida (School Board) relating to the installation
of the improvements at the sole cost of the School Board and upon terms mutually agreeable to
the parties.
BACKGROUNWHISTORY
At the July 24, 2024 Commission meeting, the Mayor and City Commission referred an item (C4
P) to the PSNOLC to discuss the School Board Joint Use Agreement ("JUK) review regarding
Miami Beach Nautilus Middle School fence request at Polo Park. (Exhibit A).
The School Board of Miami -Dade County, Florida, (the "School Board") transmitted a letter dated
July 12, 2024 regarding the monitoring of the current legislative session in an attempt to
implement changes that may be required in the immediate future_ Through this monitoring, the
School Board has become aware of the new regulations being promulgated regarding school
safety and security. Specifically, an additional emphasis is being placed on locking and monitoring
access points to school sites when students are present on campus.
During the School Board's compliance review, they identified Miami Beach Nautilus Middle School
as an area of concern. Per their review, there are perimeter fencing enclosure areas lacking
where, during regular school hours, students are present for outdoor activities. Additionally, the
School Board site administration has observed individuals utilizing the basketball courts and
baseball fields during school hours resulting in intervention by the resource officer.
The School Board is aware of the long and fruitful history of collaboration with the City of Miami
Page 302 of 1452
Beach regarding Miami Beach Nautilus Middle School, as well as the forty -year Joint Use
Agreement that has been in effect since 1994. The School Board requested a review of the Joint
Use Agreement to determine the best way to allow for fencing to be placed around Miami Beach
Nautilus Middle School to limit access to the property during instructional time.
During the September 18, 2024 PSNQLC meeting, staff informed the Committee that they met
with representatives from the School Board onsite at Nautilus Middle School and Palo Park on
Friday, September 13, 2024 to discuss the proposed fence location and any potential park
operational impacts. Staff requested to come back to the next meeting with an update as they are
working through options with the School Board.
During the November 6, 2024 PSNQLC meeting, the Committee gave a favorable
recommendation, approving option 1, in connection with the installation of a fence and sidewalk
(Improvements) at Polo Park, adjacent to the field and basketball courts of Miami Beach Nautilus
Middle School, as a security measure; and further authorizing the City Manager to negotiate and
execute any and all documents and/or agreements with the School Board of Miami -Dade County,
Florida (School Board) relating to the installation of the improvements at the sole cost of the
School Board and upon terms mutually agreeable to the parties.
ANALYSIS
The JUA regarding Polo Park was adopted by the City of Miami Beach per Resolution No. 93-
21003 at its December 1,1993 meeting and the School Board in accordance with Board item No.
A-17 at its December 8,1993 meeting. The original term of the agreement is for forty (40) years
commencing on January 20, 1994. A Settlement Agreement was executed on December 9, 2009,
Per the JUA, the premise may be utilized as a playground, athletic and recreation area. The
School Board has full control, custody, right and use of the premises during regular school hours
on regular school days. During summer school and for after -school activities the administrators
of Miami Beach Nautilus Middle School and City's Parks Department shall coordinate access.
The City staff, as well as the general public, have the right to access and use of the following
areas of the premises during school hours: tot lot, racquetball and tennis courts. Per the JUA, the
School Board has reserved the right to promulgate and enforce reasonable rules and regulations
governing the use of the recreational facilities by the public during school hours.
The School Board has recommended to proceed with the fence layout indicated in Option 1
(Attachment B). They will be paying for the fencing and installation at Polo Park. Administration
agrees and accepts the option selected by the School Board. This option doesn't eliminate access
to the children's playground and tennis/pickleball courts during school hours.
FISCAL IMPACT STATEMENT
There is no budget impact for the City. The School Board will be paying for the fencing and
installation at Polo Park.
Does this Ordinance require a Business impact Estimate?
(FOR ORDINANCES ONLY)
If applicable, the Business Impact Estimate (BIE) was published on:
See BE at: httos:ttwww miamibeachfl aovtcity-halUcitvclerktmeeting-noticest
FINANCIAL INFORMATION
WA
Page 303 of 1452
CONCLUSION
The Parks and Recreation Department, along with the Office of Education and Performance
Initiatives, will collaborate with the School Board to finalize the agreement and ensure the
successful completion of the project.
Applicable Area
Middle Beach
Is this a "Residents Right to Know" item, Is this item related to a G.O. Bond
pursuant to City Code Section 2-17? Project?
Yes No
Was this Agenda Item initially requested by a lobbyist which, as defined in Code Sec. 2-481.
includes a principal engaged in lobbyino? No
If so, specify the name of lobbyist(s) and principal(s)
Department
Parks and Recreation
Sponsor(s)
Co-sponsors)
Condensed Title
Accept PSNOLC Recommendation JUA School Board Nautilus Middle Fence (Parks and
Recreation)
Page 304 of 1452
C4 P REFERRAL TO THE PUBLIC SAFETY AND NEIGHBORHOOD QUALITY OF LIFE
COMMITTEE TO DISCUSS THE SCHOOL BOARD JOINT USE AGREEMENT REVIEW
REGARDING MIAMI BEACH NAUTILUS MIDDLE SCHOOL FENCE REQUESTAT
POLO PARK.
Applicable Area
Page 305 of 1452
Committee Referrals - C4 P
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Rickelle Williams, Interim City Manager
DATE: July 24, 2024
TITLE. REFERRAL TO THE PUBLIC SAFETY AND NEIGHBORHOOD QUALITY OF LIFE
COMMITTEE TO DISCUSS THE SCHOOL BOARD JOINT USE AGREEMENT
REVIEW REGARDING MIAMI BEACH NAUTILUS MIDDLE SCHOOL FENCE
REQUEST AT POLO PARK.
The Administration recommends that the Mayor and City Commission approve the referral to the
Public Safety and Neighborhood Quality of Life Committee (PSNQLC) to discuss the item and
provide a recommendation.
The School Board of Miami -Dade County, Florida, transmitted a letter dated July 12, 2024
(attachment A) regarding the monitoring of the current legislative session in an attempt to
implement changes that may be required in the immediate future. Through this monitoring, the
School Board has become aware of the new regulations being promulgated regarding school
safety and security. Specifically, an additional emphasis is being placed on locking and monitoring
access points to school sites when students are present on campus.
During the School Board's compliance review, they identified Miami Beach Nautilus Middle School
as an area of concern. Per their review, there are perimeter fencing enclosure areas lacking
where, during regular school hours, students are present for outdoor activities. Additionally,
School Board site administration has observed individuals utilizing the basketball courts and
baseball fields during school hours resulting in intervention by the resource officer.
The School Board is aware of the long and fruitful history of collaboration with the City of Miami
Beach regarding Miami Beach Nautilus Middle School, as well as the forty -year Joint Use
Agreement that has been in effect since 1994. At this time, the School Board is requesting a
review of the Joint Use Agreement to determine the best way to allow for fencing to be placed
around Miami Beach Nautilus Middle School to limit access to the property during instructional
time
ANALYSIS
The Joint Use Agreement (JUA) regarding Polo Park was adopted by the City of Miami Beach
per Resolution No. 93-21003 (Attachment B) at its December 1, 1993 meeting and the School
Board in accordance with Board Item No. A-17 at its December 8, 1993 meeting. The original
term of the agreement is for forty (40) years commencing on January 20, 1994, A Settlement
Agreement was executed on December 9, 2009 (Attachment C).
Per the JUA, the jointly owned premises may be utilized as a playground, athletic and recreation
area. The School Board has full control, custody, right and use of the premises during regular
school hours on regular school days. During summer school and for after -school activities the
Page 306 of 1452
administrators of Miami Beach Nautilus Middle School and City Parks Department shall
coordinate access. The City staff, as well as the general public, have the right to access and use
of the following areas of the premises during school hours: tot lot, racquetball and tennis courts.
Per the JUA, the School Board has reserved the right to promulgate and enforce reasonable rules
and regulations governing the use of the recreational facilities by the public during school hours.
FISCAL IMPACT STATEMENT
N/A
Does this Ordinance require a Business Impact Estimate?
(FOR ORDINANCES ONLY)
If applicable, the Business Impact Estimate (BIE) was published on.
See BE at: https://w miamibeachfl aovfcity-hall/cityclerk/meeting noticed
FINANCIAL INFORMATION
CONCLUSION
Per the letter dated July 12, 2024 the School Board will submit any documentation necessary to
satisfy the requirements of the Improvements section (IV.) of the agreement and is willing to pay
for the fencing and its installation at Polo Park,
Applicable Area
Citywide
Is this a "Residents Right to Know" item. Is this item related to a G.O. Bond
pursuant to City Code Section 2-17v Project?
No No
Was this Agenda Item initially requested by a lobbyist which, as defined in Code Sec. 2-481.
includes a principal engaged in lobbvina? No
If so, specify the name of lobbyist(s) and principal(s)
Department
Education and Performance Initiatives
Sponsor(s)
Co-sponsors)
Condensed Title
Page 307 of 1452
Ref: PSNQLC - MDCPS Joint Use Agmt Review of Nautilus Middle School Fence at Polo Park.
EPI
Page 308 of 1452
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Mary B�all<O
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July 12. 2024 Lmsa samoc
VIA ELECTRONIC EMAIL
RickelleVVilliams@miamibeachfl. gov
Ms. Rickelle Williams
Interim City Manager
City of Miami Beach
1700 Convention Center Dr.
Miami Beach, FL 33139
Dear Ms. Williams.
The School Board of Miami -Dade County. Florida. has been closely monitoring the current
legislative session in an attempt to implement changes that may be required in the immediate
future. Through this monitoring, we have become aware that new regulations are being
promulgated regarding school safety and security. Specifically. an additional emphasis is being
placed on locking and monitoring access points to school sites when students are present on
campus.
During our compliance review, we have identified Miami Beach Nautilus Middle School as an
area of concern. This site currently lacks perimeter fencing enclosing areas where, during
regular school hours.. students are present for outdoor activities. Conversations with the
principal have revealed additional security concerns, as he has noted that he commonly must
ask the resource officer to remove individuals from the basketball courts and baseball field
during instructional time.
The School Board is aware of the long and fruitful history of collaboration with The City of Miami
Beach regarding Miami Beach Nautilus Middle Schoolas well as the forty -year Joint Use
Agreement that has been in effect since 1994. At this time. the School Board is requesting a
review of the Joint Use Agreement to determine the best way to allow for fencing to be placed
around Miami Beach Nautilus Middle School to limit access to the property during instructional
time To this effect, the Board is willing to submit any documentation necessary to satisfy the
requirements of the Improvements section (IV.) of the agreement and is willing to pay for the
fencing and its installation,
School Board Admnisrr;crlon SwIchoy. 1450 N E 2 Avenue e Munn Floc rcla 33132
305-995-'000. • dadoschools. net
Page 309 of 1452
As always, the main concern for the Board is to move with expediency to assure the safety and
security of the students and maintain full compliance with all federal, state, and local laws (as
is mandated in section XVIII)_
Sincerely
Josno
JB im e Bue
L002
ccMc
Luis Diaz
Ms.
Tabitha Fazzino
Chief
Ivan Silva
Dr.
Yesenia Aponte
Dr.
Gilberto Bonce
Dr.
Guillermo Munoz
Mr
Ignacio Palacio
Mr
Humberto Brito
Dr.
Leslie Rosenfeld
Page 310 of 1452
he construe:: as vaiv°^.q or relincuishinq any such covenants or
conditions, but the sane shall continue and remain in full force
and effect.
XX.
ENTIRE AGREEMENT
This Agreement represents the total agreement between the
parties.
XXI.
SUCCESSORS AND ASSIGN
This Agreement shall be binding upon the parties herein, their
heirs, executors, legal representatives, successors and assigns.
XXII.
LIMITATION OF LIABILITY
LESSOR and LESSEE desire to enter into this Agreement only if
in so doing LESSOR and LESSEE can place a limit on their liability
for any cause of action for money damages due to an alleged breach
by LESSOR or LESSEE of this Agreement, so that their liability for
any such breach never exceeds the sum of $10,000. LESSOR and
LESSEE hereby express their willingness to enter into this
Agreement with a $1,000,000 limitation on recovery for any damage
action for breach of contract.
Accordingly, LESSOR and LESSEE hereby agree that LESSOR and
LESSEE shall not be liable to each other for damages in an amount
in excess of $1,000,000 for any action occurring from breach of
contract arising out of the performance or non performance of any
application imposed upon the LESSOR or LESSEE by this Agreement.
10
Page 311 of 1452
- I -, i,q =:visior. shall nct �rec.u.'.e an accicr. by LESSGR or
para;rar or e_se..tere in t..is __nent _s In any way inten.:ed to
be a waiver r_ the limitations paced upon LESSEE's or LESSOR'S
liability as set forth in Florida Statutes, Section 76a.28
xslil.
ARBITRATION
Any controversy or claim for money damages arising out of or
relating to this Agreement, or the breach hereof shall be settled
by arbitration in accordance with the Commercial Arbitration Rules
of the American Arbitration Association, and the arbitration award
shall be final and binding upon the parties hereto and subject to
no appeal, and shall deal with the question of the cost of
arbitration and all matters related thereto. In that regard, the
parties wall mutually select one arbitrator, but to the extent
that the parties cannot agree upon the arbitrator, then the
American Arbitration Association shall appoint one. Judgment upon
the award rendered may be entered into any court having
jurisdiction, or application may be made to such court for an order
of enforcement. Any controversy or claim other than a controversy
or claim for money damages arising out of or relating to this
Agreement or the breach thereof, including any controversy or claim
relating to _he right to specific performance, shall be settled by
litigation not arbitration.
11
Page 312 of 1452
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Page 313 of 1452
aTTRciiKENT :3
LIST OF IMYROVZKENTs AY LESSEE
The LESSEE hereby agrees to :on:a:rtct, at its sole expense, in
accordance with applicable Depart inert of Education standards, the
following improvements:
1. four regulation hard sirfac,: basketba:_1 courts
2, four regulation hard c)urc 1:ennis counts
3, two outdoor racquetball 0911::ta
4. grass softball field aid ao:Ctball backstop
5, tot lot (including new e(pu:.pment)
Both parties agree that the sp,ec.i.f-cations for the above
improvements shall be found in the sf+t. of construction drawings and
documents for this project.
<.Eamv.Nm..R�
Page 314 of 1452
a009_ PM5-7
Attachment C C %
RESTATED SETTLEMENT AGREEMENT
THIS AGREEMENT, made and entered into this J_V day of >em«�:v, 2009. by
and between THE CITY OF MIAMI BEACH, a municipal corporation of the State of
Florida (hereinafter called the "CITY" or the "LESSOR"), and the SCHOOL BOARD OF
MIAMI-DADE COUNTY, FLORIDA, a body corporate and politic of the State of Florida
(hereinafter called the "SCHOOL BOARD" or the "LESSEE"), collectively the "Parties".
WITNESSETH
WHEREAS, the CITY and the SCHOOL BOARD have entered into a JOINT USE
AGREEMENT and a CONSTRUCTION AGREEMENT, both dated the 20th day of
January, 1994, attached hereto as Exhibit "A" and Exhibit "B" respectively, regarding the
property known as POLO PARK; and
WHEREAS, those agreements deal with certain improvements to be made on,
and joint usage of POLO PARK; and
WHEREAS, disagreements have arisen concerning the proper construction of
the tennis courts by the SCHOOL BOARD, and the CITY has not accepted possession
of said improvements under the terms of the CONSTRUCTION AGREEMENT; and
WHEREAS, the CITY and the SCHOOL BOARD entered into a SETTLEMENT
AGREEMENT dated the 1°' day of December 2002, which was intended to resolve
these disagreements, complete the SCHOOL BOARD'S obligations under the
CONSTRUCTION AGREEMENT, and allow the Parties to operate under the terms of
the JOINT USE AGREEMENT; and
Page 315 of 1452
WHEREAS, as a part of the SETTLEMENT AGREEMENT, the SCHOOL
BOARD agreed to pay to the CITY the amount of $85,000, as settlement of all issues
between the Parties; and
WHEREAS, after further negotiations, the Parties have now agreed to restate the
SETTLEMENT AGREEMENT in compliance with the terms and conditions provided
herein, in order to provide a revised framework for the final settlement of all outstanding
claims, disputes, disagreements and conflicts whatsoever between the Parties
pertaining to the Construction Agreement; and
WHEREAS, it is the Parties intent that this restated SETTLEMENT
AGREEMENT supersede and replace the above described SETTLEMENT
AGREEMENT; and
WHEREAS, the SCHOOL BOARD, pursuant to Agenda Item F-3, Board Action #
113,174, at its meeting of November 17, 2009, authorized the Superintendent to finalize
negotiations and execute this Agreement.
NOW, THEREFORE, in consideration of the mutual covenants hereinafter
contained and other good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, the Parties hereto agree as follows:
1.
RECITALS
The Parties agree that the above recitals are true and correct and are
incorporated herein by reference.
2
Page 316 of 1452
PAYMENT OF FUNDS BY THE SCHOOL BOARD
The CITY shall assume any and all responsibility for the repairs to the tennis
courts, with the SCHOOL BOARD to provide the CITY Fifty Thousand Dollars
($50,000), as its share of the repair cost. This amount shall augment the above
mentioned Eighty -Five Thousand Dollars ($85,000), previously authorized by the
SCHOOL BOARD in 2002 but not yet paid.
III.
ACCEPTANCE OF IMPROVEMENTS
The Parties agree that, upon payment to the CITY by the SCHOOL BOARD of
the amounts of Eighty Five Thousand Dollars ($85,000) and Fifty Thousand Dollars
($50,000), totaling One Hundred and Thirty Five Thousand Dollars ($135,000), the CITY
shall deem all work required to be performed by the SCHOOL BOARD under the
CONSTRUCTION AGREEMENT to be satisfactorily concluded and complete, and the
improvements made by the SCHOOL BOARD to POLO PARK to be deemed accepted
by the CITY. The SCHOOL BOARD shall remit the total amount of $135,000 to the
CITY within thirty (30) days of the CITY'S approval of this Agreement, and acceptance
of the improvements to POLO PARK shall not be effective until such time as the funds
are received by the CITY.
3
Page 317 of 1452
IV.
JOINT USE AGREEMENT
Concurrent with payment to the CITY by the SCHOOL BOARD of the funds
enumerated in Article II, the Parties hereby ratify and affirm that the JOINT USE
AGREEMENT remains in full force and effect.
fJ
RESOLUTION OF CLAIMS
This Agreement settles and resolves all claims, disputes, disagreements and
conflicts among and between the Parties arising from the CONSTRUCTION
AGREEMENT, including, but not limited to all claims that were, or could have been
raised by any Party to this dispute, and the CITY releases the SCHOOL BOARD from
any and all claims and liabilities whatsoever relating to the Construction Agreement.
VI.
ATTORNEYS FEES
In the event of any litigation between the Parties under this Agreement, each
Party shall be responsible for its own attorney's fees and court costs through trials and
appellate levels. The provisions of this term shall survive the termination of this
Agreement.
VII.
EFFFECTIVE DATE
This Agreement shall become effective as of the date of full execution by both
Parties.
IN WITNESS WHEREOF, the Parties hereto have individually, through their
proper officials, executed this Agreement the day and year first hereinabove written.
4
Page 318 of 1452
THE CITY OF MIAMI BEACH, FLORIDA
1✓„_ E NA
ATTEST:
"� P"'
CITY CLERK
APPROVED AS TO FORM:
THE SCHO L BOARD OF MIAMI-
DADE COU ORIDA
SUPERINTENDENT
APPROVED AS TO FORM.
CITY ATTORNEY ATTORNEY FOR E BOARD
AmOVED AS TO
FCRiA & LANGUAGE
& FOR EY.ECUTION
114 o4
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Page 319 of 1452
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