HomeMy WebLinkAboutUse Agreement~po~-a ~~~f~'
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USE AGREEMENT
THIS USE AGREEMENT, made and entered into this ~ .. day of J 9 N~1q Y
ire-'
200, by and between the CITY OF MIAMI BEACH, a municipal corporation of the State of Florida
(hereinafter called the "CITY") and THE SCHOOL BOARD OF MIAMI-DADE COUNTY
FLORIDA, a political subdivision of the State of Florida (hereinafter called the "BOARD").
WITNESSETH:
WHEREAS, the CITY is interested in continuing to provide and making facilities available
for the use and benefit of the students of Miami-Dade County Public Schools for recreational
programs and activities; and
WHEREAS, the CITY owns and has under its jurisdiction certain property capable of being
utilized at mutually suitable times for the BOARD's programs; and
WHEREAS, it is desirable and necessazy for the BOARD to continue to utilize the CITY
property commonly referred to as the "Flamingo Pazk Baseball Stadium" as an athletic field and
baseball stadium in conjunction with the BOARD's educational and recreational objectives; and
WHEREAS, these objectives may be best achieved through joint and coordinated action of
the CITY and the BOARD, in making the CITY's property available for such purposes in the most
cost effective manner; and
WHEREAS, the Mayor and City Commission of the City of Miami Beach has approved this
Use Agreement by the adoption of Resolution No. 2006-26349 , at its meeting on the 11th day of
October , 2006; and
WHEREAS, the School Boazd of Miami-Dade County, Florida has authorized this Use
Agreement in accordance with Board Action No. 109,652, at its meeting on the 21 day of November,
2006.
NOW THEREFORE, in consideration of the mutual covenants hereinafter contained and
other good and valuable consideration, the receipt and sufficiency of which aze hereby
acknowledged, the parties hereto agree as follows:
I. PREMISES
The CITY does hereby agree to allow the BOARD, and the BOARD does hereby
accept from the CITY, the non-exclusive use of the following described City-owned recreational
facility, known as the Flamingo Park Baseball Stadium, hereinafter called the "PREMISES", lying
and being in the County of Miami-Dade, State of Florida, and graphically described on Exhibit "A",
attached hereto and made a part hereof.
II. TERM OF AGREEMENT
The term of this Agreement shall be for an initial term of five (5) years, commencing
on January 1, 2007. Provided that the BOARD is not in default under this Agreement, and upon
written notice by the BOARD, which shall be given to the CITY no later than 180 days prior to the
expiration of the initial five (5) yeaz term, this Agreement maybe extended for an additional five (5)
yeaz term.
III. USE OF PREMISES
The specific azea of use by the BOARD shall be limited to the recreational facilities
including the Baseball field, softball field, bleachers and all related facilities, in the azea identified in
Article I and Exhibit "A" (PREMISES). The BOARD shall have the right and use of the PREMISES
for up to a maximum of 118 days per yeaz during Miami Beach Senior High School's baseball
season; said "season" consisting of 100 practice days, 5 day games, and 13 night games. Hours of
use for practice days shall be approximately from 3:00 p.m. [0 6:30 p.m.; day and night games shall
be from one and one half (1 ''/z) hours before the game to one (1) hour after the game. Any additional
usage by the BOARD beyond the annual 118 day period set forth above shall be subject to a fee of
1/118°' of the yeazly fee (as set forth in Article V herein). In addition, the BOARD shall have the
right and use of the PREMISES for a maximum of 50 days, (10 home game days and 40 practice
days per yeaz) during Miami Beach Senior High School's softball season. Otherwise, the CITY shall
have full control, custody, right and use of the PREMISES at all other times.
The BOARD shall provide the CITY with a written schedule showing the exact dates for the
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aforestated 118 days of use of the PREMISES; said schedule to be provided no later than ninety (90)
days prior to the commencement of the BOARD's use of the PREMISES, or the commencement of
the Miami Beach Senior High School baseball season, whichever is eazlier.
Notwithstanding the preceding pazagraph, either party shall be entitled to make application to
the other for use of the PREMISES during the period of use normally associated with the other party.
In that event, the requesting party will provide the other party with a request to use the PREMISES a
minimum of seventy two (72) hours prior to the need. Such consent shall not be unreasonably
withheld.
The BOARD shall provide adequate supervision of the PREMISES at all times that the
BOARD conducts activities sponsored, controlled or sanctioned by the BOARD thereon. Due to its
unique usage and the need to serve the best interests of its students, the BOARD may promulgate
and enforce reasonable rules and regulations governing the aforementioned use of the PREMISES
during its period of use.
The BOARD shall be responsible for and provide reasonable security measures as maybe
required to protect the PREMISES, and any of the materials, equipment, and furnishings thereon.
Under no circumstances shall the City be responsible for any stolen or damaged materials,
equipment, and furnishings, nor shall the City be responsible for any stolen or damaged personal
property of the BOARD's employees, contractors, patrons, guests, invitees, and/or other third
parties.
The BOARD shall reimburse the CITY for any and all maintenance and other costs that the
CITY may incur as a result of the BOARD utilizing the PREMISES during other than its normal
period of use, in addition to the consideration stipulated in Article V. The CITY shall invoice the
BOARD for direct costs of said additional maintenance and/or other costs that result from added
utilization, and the BOARD shall promptly pay same within forty-five (45) days of receipt of said
invoice(s).
IV. IMPROVEMENTS
The BOARD shall have the right [o request the construction of additonal recreational
facilities on the PREMISES in the future, subject to the prior written consent of the CITY, which
consent, if given at all, shall be at the CITY's sole discretion and judgment. If approved, such
additional improvements shall be made at the sole cost and expense of the BOARD.
If approved, the BOARD further agrees that no construction of additional improvements (for
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purposes of this Article IV, the term "construction of additional improvements" shall also be deemed
to include any repairs, alterations, and/or improvements in the amount of $1,000 and over) may be
undertaken by it upon the PREMISES unless the plans for same:
(1) be first submitted to and approved by the CITY, which plans shall be
reviewed and approved by the CITY in a timely manner; and
(2) be in compliance with all applicable State, County, and BOARD, Department
of Education and CITY, respectively, rules and regulations.
The CTI'Y also reserves the right, but not the obligation, to construct new and/or additional
recreational facilities on the PREMISES in the future. Construction of such new and/or additional
recreational facilities shall not result in an increase in the amount of consideration to be paid by the
BOARD to the CITY under Article V. In that event, the CITY shall provide the BOARD with prior
written notice of its intent to construct such additional facilities on the PREMISES, and will use
good faith efforts to coordinate the design, planning and construction with the BOARD to assure that
construction of such facilities does not unreasonably interfere or conflict with the BOARD's ability
to utilize the PREMISES for the purposes set forth herein. Notwithstanding the preceding sentence,
and this Article IV, in general, in the event that the CITY determines to initiate and proceed with any
construction involving the PREMISES at any time during the term of this Agreement (initial or
renewal term), the CITY shall have the right, at its sole option and discretion, to terminate this
Agreement without cause and/for convenience, upon sixty (60) days written notice to the BOARD,
provided that such termination shall not be effective until after the completion of the Miami Beach
Senior High School's baseball season underway at the time of termination.
V. CONSIDERATION
The BOARD does hereby covenant and agree to pay the CITY, as consideration for
its use and occupancy of the PREMISES for the maximum allowable 118 days requested per yeaz,
throughout the Term of this Agreement, an amount necessary to reimburse the CITY for the
BOARD's prorated shaze of the annual maintenance costs for the PREMISES. This amount has been
established at fifteen thousand six hundred dollazs ($15,600.00) for the 2006/2007 school yeaz (the
Base Yeaz Payment), and will be promptly payable to the CITY within forty-five (45) days of receipt
of an invoice from the CITY.
Throughout the term of this Agreement, the aforestated Base Year Payment shall be adjusted
annually to reflect the BOARD's prorated shaze of the actual maintenance costs and shall be paid to
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the CITY within forty-five (45) days of receipt of an invoice from the CITY, said receipt to be sent
following completion of the Miami Beach Senior High School's baseball season, and receipt of an
invoice from the CITY. The BOARD and the CITY agree that said adjustment shall be established
at an increase of four percent (4%) from the previous yeaz (using the first year payment of
$15,600.00 as the Base Yeaz Payment). Notwithstanding anything contained in this Article IV or
this Agreement, the BOARD shall also be required to reimburse the CITY for any and all
maintenance related and other direct costs incurred by the CITY as a result of the BOARD's use of
the PREMISES, beyond the 118 days per yeaz usage.
VI. LIABILITY FOR PERSONAL PROPERTY
The CITY and BOARD agree to insure or self insure their respective interests in
personal property to the extent each deems necessary or appropriate and hereby mutually waive all
rights to recovery for loss or damage by any means and waive all rights to recovery for loss and
damage to such property by any cause whatsoever. The CITY and BOARD hereby waive all rights
of subrogation against each other under any policy or policies they may carry or on property placed
or moved on the PREMISES.
VII. LIABILTTY FOR DAMAGE OR IN.iURY
The CITY shall not be liable for any damage or injury which maybe sustained by the
BOARD or any persons on the PREMISES during the BOARD's period of use, other than damage or
injury resulting from the negligence or improper conduct on the part of the CITY, its agents,
representatives or employees, or failure of the CITY to perform its duties under this Agreement.
The BOARD shall not be liable for any damage or injury which may be sustained by the
CITY or any persons on the PREMISES during the CITY's period of use, other than damage or
injury resulting from the negligence or improper conduct on the part of the BOARD, its agents,
representatives or employees, or failure of the BOARD to perform its duties under this Agreement.
VIII. INDEMNIFICATION
The BOARD does hereby agree to indemnify and hold harmless the CITY to the
extent of the limitations included within Florida Statutes, Section 768.28 (the Act), subject to the
provisions in this 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 $100,000, or any
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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 $200,000, from
any and all personal injury or damage claims, liability, losses and causes of action which may arise
solely as a result of the BOARD's negligence in its use of the PREMISES. However, nothing herein
shall be deemed to indemnify the CITY for any liability or claim arising out of the negligence,
performance or failure of performance of the CITY or as a result of the negligence of any unrelated
third party.
The CITY does hereby agree to indemnify and hold harmless the BOARD to the extent of the
limitations included within Florida Statutes, Section 768.28, subject to the provisions in this 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 $100,000, 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 $200,000, from any and all personal
injury or damage claims, liability, losses and causes of action which may arise as a result of the
CTTY's negligence in its use of the PREMISES. However, nothing herein shall be deemed to
indemnify the BOARD for any liability or claim arising out of the negligence, performance or failure
of performance of the BOARD or as a result of the negligence of any unrelated third party.
IX. MAINTENANCE OF PREMISES
The BOARD shall repair equipment or facilities located on the PREMISES damaged
exclusively by the BOARD's actions, ordinary weaz and tear excepted, during its use of same, asset
forth in this Agreement.
The CITY shall be responsible for all other repair and maintenance of the PREMISES and
shall maintain the facilities located on the PREMISES at a minimum level of service.
If repairs aze required to reasonably accommodate the BOARD's activities during its period
of use (and said repairs are not repairs which would be required of the BOARD during its use of the
PREMISES, as set forth in the first pazagraph of this Article IX), and are not effectuated by the
CITY within thirty (30) days of the CITY receiving written notice from the BOARD requesting said
repairs, then the BOARD may declaze this Agreement in default pursuant to Article XXIII herein.
Notwithstanding the preceding, if repairs aze necessary in order to preserve the immediate health and
safety of the occupants, and aze not commenced by the CITY within three (3) days of written notice
from the BOARD, then the BOARD may declaze this Agreement in default pursuant to Article
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XXIII herein.
The BOARD and CITY, through the on-site school administrator and Pazk manager, shall
coordinate the scheduling of the CTTY's maintenance functions to minimize the impact on the
BOARD's uses pursuant to this Agreement.
X. ASSIGNMENT AND SUBLETTING OF PREMISES
The BOARD shall not, at any time during the term of this Agreement, sublet in part or
whole the PREMISES, or assign this Agreement or any portion or part thereof, without the prior
written consent of the CITY.
XI. SUCCESSORS AND ASSIGNS
This Agreement shall be binding upon the parties herein, their heirs, executors, legal
representatives, successors and assigns.
XII. EXAMINATION OF PREMISES
Subject to the provisions of Article XXVIII, after first providing reasonable notice to the
school administrator, the CITY may enter upon the PREMISES at any time during the BOARD's
period of use, provided the CITY does not unreasonably interfere with or unduly burden the
B OARD's operations. The CITY may enter the PREMISES at any 6me in the event of an emergency
(as same shall be determined by the CITY, in its sole and absolute discretion).
XIII. CANCELLATION FOR CONVENIENCE
In addition to the provisions of Articles IV, XXII and XXIV, both parties shall have
the right to cancel the Agreement at any time, without cause and for convenience, by giving the other
party written notice at least one (1) year prior to the effective date of said cancellation. However, if
the CTI'Y exercises said right to cancel (including the City's exercise of a termination for
convenience pursuant to Article IV), then the CTTY shall reimburse the BOARD for a prorata
amount of any City-approved permanent improvements made to the PREMISES by the BOARD
during the term herein (if any), as documented pursuant to Article IV, and as if amortized over a
sixty (60) month period.
XIV.
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The BOARD shall not place any signs or advertising matter on any portion of the
PREMISES except with prior written approval of the CITY or its designee, which approval shall not
be unreasonably withheld.
XV. NOTICE AND GENERAL CONDITIONS
A. All notices or other communications which shall or may be given pursuant to
this Agreement shall be in writing and shall be delivered by personal service or by certified mail
addressed to the parties at their respective addresses indicated below or as the same may be changed
in writing from time to time. Such notice shall be deemed given on the day on which personally
served, or if by mail, on the fifth day after being posted or the date of actual receipt, whichever is
eazlier.
In the case of notice or communication to the CITY:
City of Miami Beach
City Manager
1700 Convention Center Drive
Miami Beach, Florida 33139
With a copy to:
City of Miami Beach
Pazks and Recreation Department, Attn: Director
2100 Washington Avenue
Miami Beach, Florida 33139
2. Irt the case of notice or communication to the BOARD:
School Boazd of Miami-Dade County, Florida
c/o Superintendent of Schools
School Boazd Administration Building
1450 N.E. 2 Avenue, Room 912
Miami, Florida 33132
With a copy to:
Miami-Dade County Public Schools
Facilities Planning
Attn: Administrative Director
1450 N.E. Second Avenue, Room 525
Miami, Florida 33132
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The School Boazd of Miami-Dade County, Florida
c/o School Boazd Attorney
1450 N.E. Second Avenue, Room 400
Miami, Florida 33132
B. Title and paragraph headings aze for convenient reference and aze not
intended to confer any rights or obligations upon the parties to this Agreement.
C. For purposes of the Agreement, the Superintendent of Schools shall be the
party designated by the BOARD to grant or deny all approvals required by the Agreement or to
cancel this Agreement as provided herein.
XVI. SURRENDER OF PREMLSES
Upon the temunation or expiration of this Agreement, the BOARD shall remove from
the PREMISES any personal property and non-permanent improvements made by it to the
PREMISES and shall promptly and peacefully surrender and deliver possession of the PREMISES to
the CITY, and other than as stipulated in Article XIII, all permanent improvements constructed by
the BOARD as provided for in Article TV, in their then existing condition, shall become the property
of the CITY, and the CITY shall have no responsibility and/or obligation to reimburse the BOARD
for any permanent improvements made to the PREMISES by the BOARD.
XVII. NON-DISCRIMINATION
The BOARD and CITY agree that there will be no discrimination against any person
based upon race, color, sex, religious creed, ancestry, national origin, mental or physical handicap,
and sexual orientation in the use of the PREMISES and improvements thereof. It is expressly
understood that upon a determination by a court of competent jurisdiction that discrimination has
occurred, this Agreement automatically terminates without any further action on the part of the non-
discriminatory party, effective the date of the Court Order.
XVIII. AMENDMENTS
The CITY and BOARD, by mutual agreement, shall have the right, but not the
obligation, to amend this Agreement. Such amendments shall be effective only when signed by both
the CITY and BOARD and shall be incorporated as part of this Agreement.
XIX. SEVERABILITY
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In the event any pazagraph, clause or sentence of this Agreement or any future
amendment 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 the deletion thereof, provided to do so would not render interpretation of the lease
provisions ambiguous or a nullity.
XX. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS
The Parties shall comply with all applicable laws, rules, regulations, ordinances and
codes of Federal, State and Local Governments, including, but not limited to, the Americans with
Disabilities Act, as they apply to this Agreement.
XXI. WAIVER
No waiver of any provision hereof shall be deemed to have been made unless such
waiver be in writing and signed by the CITY or BOARD. The failure of either party to insist upon
strict performance of any of the provisions or conditions of this Agreement shall not be construed as
waiving or relinquishing in the future any such covenants or conditions, but the same shall continue
and remain in full force and effect.
XXII. DEFAULT PROVISION
The CITY shall provide the BOARD with written notice of any failure to perform or
comply with the terms and conditions contained herein to be performed by the BOARD. If the
BOARD fails to cure said default within thirty (30) days of receipt of written notice, the CITY shall
have the right, at its sole discretion, to either extend the cure period beyond the aforestated thirty (30)
days, or in the event that said extension is not granted, in writing, by the CITY, terminate this
Agreement upon ten (10) days additional written notice to the BOARD, and the CITY shall have no
further obligations hereunder and shall be discharged from reimbursing the BOARD for any
permanent improvements made to the PREMISES by the BOARD.
The BOARD shall provide the CITY with written notice of any failure to perform or comply
with the terms and conditions contained herein to be performed by the CITY. If the CITY fails to
cure said default within thirty (30) days after receiving notification, the BOARD shall have the right,
at its sole discretion, to either extend the cure period beyond the aforestated thirty (30) days, or in the
event that said extension is not granted, in writing, by the BOARD, terminate this Agreement upon
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ten (10) days additional written notice to the CITY, upon which event, the CITY shall reimburse the
BOARD a prorata amount of any City-approved permanent improvements made to the PREMISES
by the BOARD during the term herein (if any), as if amortized over a sixty (60) month period, and
this Agreement shall thereupon be terminated and have no further force and effect.
XXIII. PEACEFUL POSSESSION
Subject to the terms and conditions of this Agreement, the CITY agrees that the
BOARD shall and may peaceably use and enjoy the above described PREMISES without hindrance
or molestation by the CITY.
XXTV. DAMAGE OR DESTRUCTION
Tn the event the PREMISES should be destroyed or so damaged by fire, windstorm or
other casualty to the extent that the PREMISES aze rendered untenable or unfit for the purpose of the
BOARD, either party may cancel this Agreement or, upon the mutual agreement of the parties, the
Agreement shall toll during the period that the PREMISES aze determined by the BOARD to be
untenable.
In the event of cancellation of this Agreement due to damage or destruction of the
PREMISES, the considerafion stipulated in Article V shall be reduced so as to reflect the BOARD's
prorated shaze of the annual maintenance costs of the PREMISES prior to the casualty.
XXV. CONCESSIONS
Subject to reasonable rules and regulations implemented by the CITY dealing with insurance
requirements and clean-up, Miami Beach Senior High School shall have the exclusive right to
operate all refreshment concessions during its home games, as defined under this Agreement,
retaining all gross sales and profits therefrom.
XXVI VENUE/WAIVER OF .TURY TRIAL
This Agreement shall be governed by, and construed in accordance with, the laws of
the State of Florida, both substantive and remedial, without regazd to principles of conflict of laws.
The exclusive venue for any litigation arising out of this Agreement shall be Miami-Dade County,
Florida, if in state court, and the U.S. District Court, Southern District of Florida, if in federal court.
BY ENTERING INTO THIS AGREEMENT, THE BOARD AND CITY EXPRESSLY WAIVE
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ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL
LITIGATION RELATED TQ OR ARISING OUT OF, THIS AGREEMENT.
XXVII. NOT A LEASE
It is expressly understood and agreed that no part, pazcel, building, structure, equipment or
space refereed to in this Agreement is leased to the BOARD; that this Agreement is a Use Agreement
and not a lease; and that the BOARD's right to utilize the PREMISES shall continue only so long as
the BOARD complies with the undertakings, provisions, agreements, stipulations and conditions of
this Agreement.
XXVIII. ENTIRE AGREEMENT
This Agreement represents the total agreement between the parties.
IN WITNESS WHEREOF, the parties hereto have each, through their proper officials,
executed this Agreement the day and yeaz first hereinabove written.
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[SIGNATURES BEGIN ON THE NEXT PAGE]
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CITY:
CITY OF MIAMI BEACH, FLORIDA
Mayor a i ower
BOARD:
THE SCHOOL BOARD OFMIAMI-DADE
COU FLORIDA
Dr. Rudo .Crew '
Superintendent of Schools
ATTEST:
~~~ ~~~
City Clerk Robert Parcher
Approved as to
City
Approved as to form and legal sufficiency:
School Board Attorn~/
G-~
F:kcpalSALL\Previous\OTheresa\Resolutions, Agreements, Commission Items ~. Memos\Flamingo Baseball\City of Miami BeachF7arningo Park Use
Agreement December 2007.doc
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pppRdllED AS TO
FORM & LANGUAGE
EXHIBIT "A"
LEGAL DESCRIPTION
Commence at the southeast corner of Block 7-B, FIRST ADDITION TO WHITMANS
SUBDIVISION OF ESPANOLA VILLAS, according to the plat thereof, recorded in Plat Book
9, at Page 147, Public Records of Miami-Dade County, Florida; Thence South 88° 01'01"
West, along the south line of said Block 7-B for a distance of 215.00 feet; thence South 1 °
58'59" West, for a distance of 8.50 feet to the POINT OF BEGINNING of the tract of land
herein described; thence South 88° 01' 01"West, parallel to the south line of said Block 7-B
and its westerly extension, for a distance of 203.00 feet; thence North 1 ° 58'59" East, for a
distance of 8.50 feet; thence South 88 Commence at the southeast comer of Block 7-B,
FIRST ADDITION TO WHITMANS SUBDIVISION OF ESPANOLA VILLAS, according tothe
plat thereof, recorded in Plat Book 9, at Page 147, Public Records of Miami-Dade County,
Florida; Thence South 88° 01'01"West, along the south line of said Block 7-B for a distance
of 215.00 feet; thence South 1 ° 58'59" West, for a distance of 8.50 feet to the POINT OF
BEGINNING of the tract of land herein described; thence South 88° 01' 01"West, parallel to
the south line of said Block 7-B and its westerly extension, for a distance of 203.00 feet;
thence North 1 ° 58' 59" East, for a distance of 8.50 feet; thence South 88° 01'01" West,
along the westerly extension of the above mentioned Block 7-B, for a distance of 191.00
feet; thence North 1° 58' 59" East, for a distance of 8.50 feet; thence South 88° 01' 01"
West, parallel to the westerly extension of the south line of said Block 7-B, for a distance of
49.00 feet; thence South 1 ° 58'59" East, parallel to the center line of Michigan Avenue, for a
distance of 444.00 feet. thence North 89° 23' 28" East for a distance of 219.00 feet; thence
North 68° 07' 05" East for a distance of 140.00 feet; thence North 39° 15' 28" East for a
distance of 107.00 feet; thence North 6° 39' 50" East for a distance of 138.50 feet; thence
North 2° 11' 00" West for a distance of 167.09 feet to the POINT OF BEGINNING. Said
lands located, lying and being in Section 34, Township 58 South, Range 42 East, City of
Miami Beach, county of Miami-Dade, Florida.
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14
Hernandez, Kerry
From: Magrisso, Julio
Sent: Monday, March 24, 2008 10:39 AM
To: Hernandez, Kerry
Subject: Re: Regarding agreement with School Board of Miami-Dade County (Resolution 2006-26349)
January 1, 2007
JEM
----- Original Message -----
From: Hernandez, Kerry
To: Magrisso, Julio
Sent: Mon Mar 24 10:20;22 2008
Subject: FW: Regarding agreement with School Board of Miami-Dade County (Resolution
2006-26349)
Julio,
What date should I write on the first page where it reads "This use agreement, made and
entered into this day of 200, by and..."
Thanks,
Kerry
MIAMIBEACH
Kerry A. Hernandez, Office Associate V
CITY CLERK'S OFFICE
1700 Convention Center Drive, Miami Beach, FL
Phone: 305-673-7000 ext. 6534 / Fax: 305-673
<blocked::blocked::blocked::blocked::blocked:
:blocked::blocked::blocked::blocked::blocked:
:blocked::blocked::BLOCKED::BLOCKED::BLOCKED:
33139
-7254 / www.miamibeachfl.gov
:blocked::blocked::blocked::blocked::blocked:
:blocked::blocked::BLOCKED::BLOCKED::BLOCKED:
:BLOCKED::http://www.miamibeachfl.gov/>
We are committed to providing excellent public service and safety to all who live, work
and play in our vibrant, tropical, historic community.
From: Smith, Kevin
Sent: Monday, March 24, 2006 8:43 AM
To: Parcher, Robert; Magrisso, Julio; Aguila, Raul; Hernandez, Kerry
Subject: RE: Regarding agreement with School Board of Miami-Dade County (Resolution
2006-26349)
Thanks to all. We will proceed accordingly.
MIAMIBEACH
Kevin Smith, Director
Parks & Recreation Department
1
2100 Washington Avenue, Miami Beach, FL 33139
Tel: 305-673-7730 / Fax: 305-673-7725 / www.miamibeachfl.gov
<http://www.miamibeachfl.gov/>
We are committed to providing excellent public service and safety to all who live, work
and play in our vibrant, tropical, historic community.
From: Parcher, Robert
Sent: Monday, March 24, 2006 7:45 AM
To: Magrisso, Julio; Aguila, Raul; Smith, Kevin; Hernandez, Kerry
Subject: RE: Regarding agreement with School Board of Miami-Dade County (Resolution
2006-26349)
Kerry, based on the information below, lets process the amended contract.
Kevin/Julio, I assume you will check to see if an LTC is needed.
Thanks all.
Bob
MIAMIBEACH
Robert Parcher, City Clerk
CITY CLERK'S OFFICE
1700 Convention Center Drive, Miami Beach, FL 33139
Tel: 305-673-7411 / Fax: 305-673-7254 / www.miamibeachfl.gov
<blocked::http://www.miamibeachfl.gov/>
We are committed to providing excellent public service and safety to all who live, work
and play in our vibrant, tropical, historic community.
From: Magrisso, Julio
Sent: Friday, March 21, 2008 5:25 PM
To: Aguila, Raul; Smith, Kevin; Parcher, Robert; Hernandez, Kerry
Subject: RE: Regarding agreement with School Board of Miami-Dade County (Resolution
2006-26349)
Raul,
The 50 days is for softball, and the 118 days is for baseball. They are independent of
each other. We have not added any days to the baseball use.
The use of field space for softball is, and has always been at no cost to the school board
therefore there is no rent or other terms to be adjusted for the 50 days.
Hope that helps.
-Julio
2
From: Aguila, Raul
Sent: Fri 3/21/2008 3:05 PM
To: Magrisso, Julio; Smith, Kevin; Parcher, Robert; Hernandez, Kerry
Subject: RE: Regarding agreement with School Board of Miami-Dade County (Resolution
2006-26349)
I would hate to delay the execution of this Agreement further. I am ok with Julio's
explanation. If the city manager deems it necessary, can't he inform the commission via
LTC.
Julio:
If the 50 days in addition to the 118 days?
If so, have the rent and other terms of the Agreement been adjusted?
-----Original Message-----
From: Magrisso, Julio
Sent: Thursday, March 20, 2008 5:14 PM
To: Smith, Kevin; Parcher, Robert; Aguila, Raul; Hernandez, Kerry
Subject: Re: Regarding agreement with School Board of Miami-Dade County (Resolution
2006-26349)
To clarify-
The 50 days mentioned in the new agreement is to clearly outline the use of the softball
field by the girls softball team. It has always been understood (verbally)that they had
use of the softball field, but was not outlined in the already expired agreement nor the
new agreement you are referring to from 2006. They have been using this field, for that
number of days for years- it isn't anything new.
The 118 days use for the baseball team at the Baseball stadium remains the same.
Keep in mind, the number of days was calculated and negotiated by me and used as a means
to put an upper limit of use before additional charges accrue for additional days used.
JEM
----- Original Message -----
From: Smith, Kevin
To: Magrisso, Julio
Sent: Thu Mar 20 17:45:23 2008
Subject: FW: Regarding agreement with School Board of Miami-Dade County (Resolution
2006-26349)
fyi
MIAMIBEACH
Kevin Smith, Director
Parks & Recreation Department
2100 Washington Avenue, Miami Beach, FL 33139
Tel: 305-673-7730 / Fax: 305-673-7725 / www.miamibeachfl.gov
<http://www.miamibeachfl.gov/>
We are committed to providing excellent public service and safety to all who live, work
and play in our vibrant, tropical, historic community.
3
From: Hernandez, Kerry
Sent: Thursday, March 20, 2008 4:59 PM
To: Aguila, Raul
Cc: Smith, Kevin; Parcher, Robert
Subject: Regarding agreement with School Board of Miami-Dade County (Resolution
2006-26349)
Raul,
Yesterday Liz hand-delivered to me the above mentioned agreement. Zt is not the same one
that was approved by Commission and signed by the Mayor and City Clerk and delivered to
Kevin Smith 11/7/06 for execution by MDC School Board.
On the one received yesterday, which was form approved by Legal and signed by MDC School
Board, in Section III there is an addition of 50 days use of the premises by the BOARD.
Additionally, this increase of 50 days is not mentioned in Section V of the agreement.
Before executing this new agreement, Bob wants your confirmation that the changes do not
need Commission approval.
Thanks,
Kerry
MIAMIBEACH
Kerry A. Hernandez, Office Associate V
CITY CLERK'S OFFICE
1700 Convention Center Drive, Miami Beach, FL 33139
Phone: 305-673-7000 ext. 6534 / Fax: 305-673-7254 / www.miamibeachf l.gov
<blocked::blocked::blocked::blocked::blocked::blocked::blocked::blocked::blocked::blocked:
:blocked::blocked::blocked::blocked::blocked::blocked::blocked::BLOCKED::BLOCKED::BLOCKED:
:blocked::blocked::BLOCKED::BLOCKED::BLOCKED::BLOCKED::http://www.miamibeachf l.gov/>
We are committed to providing excellent public service and safety to all who live, work
and play in our vibrant, tropical, historic community.
4
Superintendent of Schools
Rudolph F. Crew, Ed. D.
February 20, 2008
CERTIFIED RETURN RECEIPT REQUESTED
7002 2410 0003 9790 7597
City of Miami Beach
Matti H. Bower, City Manager
1700 Convention Center Drive
Miami Beach, Florida 33139
Miami-Dade County School Board
Agustin J. Barrera, Chair
Peda Tabares Hantman, Vice Chair
Renier Diaz de la Portilla
Evelyn Langlieb Greer
Dr Wilbert "Tee" Holloway
Dr. Martin Karp
Ana Rivas Logan
Dr Marta Perez
Dr Solomon C. Stinson
Re: USE AGREEMENT WITH CITY OF MIAMI BEACH FOR USE OF FLAMINGO PARK,
LOCATED AT 1435 MICHIGAN AVENUE, BY MIAMI BEACH SENIOR HIGH SCHOOL
Dear Ms. Bower:
As you are aware, the School Board (Board) at its meeting of November 21, 2006, authorized
the execution of the Use Agreement with the City of Miami Beach (City) to allow use of the City-
owned Flamingo Park by Miami Beach Senior High School.
Accordingly, enclosed are four (4) duplicate originals of the Use Agreement executed on behalf
of the Board, Please have the agreements executed on behalf of the City and return two (2) fully
executed originals of same to me at 1450 NE 2"d Avenue, Room 527, Miami, Florida 33132.
In the interim, if you have any questions or require additional information, please feel free to call
me at 305-995-7486.
Since,^,e/nly, ~~p~
Ives Barba
Coordinator II i" ~>
IB:rr ~ - '
L-393
Attachment
cc: Ms. Ana Rijo-Conde Mr. Michael A. Levine
Mr. Fernando Albuerne Ms. Patricia Good ' ___
Facilities Planning
Ana Rijo-Conde, AICP, Planning Officer • 1450 N.E. 2nd Avenue, Suite 525 • Miami, Florida 33132
305-995-7285 • FAX 305-995-4760 • arjo@dadeschools.net