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HomeMy WebLinkAboutReso 2007-1156 RESOLUTION NO. 2007- ~ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING A JOINT USE AGREEMENT IN SUBSTANTIAL Y THE SAME FORM BETWEEN THE CITY OF SUNNY ISLES BEACH AND THE SCHOOL BOARD OF MIAMI-DADE COUNTY ATTACHED HERETO AS EXHIBIT "A"; AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT; PROVIDING THE CITY MANAGER AND THE CITY ATTORNEY WITH THE AUTHORITY TO DO ALL THINGS NECCESSARY TO AFFECTUA TE THE TERMS OF THIS AGREEMENT; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 163.01, Florida Statutes, authorizes local governing bodies to enter into agreements for the mutual benefit of governmental units; and WHEREAS, the City has experienced extraordinary growth in student population since its incorporation and anticipates such growth will continue over the next several years as a result of changing demographics and approved development projects within the City's boundaries; and WHEREAS, a school within the City's boundaries will address the growing K-8 educational needs of the City's residents and help to alleviate overcrowding in other schools presently servicing City residents; and WHEREAS, the School Board and the City recognize the benefits that will accrue to the City, the School Board, residents and the student population of the City by placing a school adjacent to a park and existing and planned public recreational facilities; and WHEREAS, the School Board and City entered into an lnterlocal Agreement on April 11, 2006, providing for mutual cooperation related to the financing, construction, maintenance and operation of new education and recreational facilities within the City for the benefit of the City and Miami-Dade County and their respective student populations and residents (the "lnterlocal Agreement"); and WHEREAS, the lnterlocal Agreement provides for the development and construction of a new K-8 center public school (the "school") located at 183rd Street and Atlantic Boulevard in the City; and WHEREAS, the school is located adjacent to the City's municipal park known as the "Pelican Community Park", which the City has agreed to use of for recreational purposes associated with the school; and WHEREAS, the School Board, at its meeting on August 1, 2007, BA# 110,625 authorized entering into the attached Joint Use Agreement under substantially the same terms and conditions; and WHEREAS, the City Commission finds that entering into the attached Joint Use Agreement with the School Board, under substantially the same terms and conditions, is in the best interest of the City and is a necessary step to meet the growing K-8 educational needs of the City. Authorization To Execute Joint Use Agmt With School BoardPage I 01'2 NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Approval of Joint Use Agreement. The Joint Use Agreement with the School Board of Miami-Dade County, Florida, attached hereto as Exhibit "A", be and the same, is hereby approved under substantially the same terms and conditions. Section 2. Authorization of the Mayor to Execute Agreement. The Mayor is hereby authorized to Execute said Joint Use Agreement. Section 3. Authorization of the City Attorney and the City Manager. The City Attorney and the City Manager are hereby authorized to do all things necessary to effectuate the terms of this Joint Use Agreement. Section 4. Effective Date. This Resolution will become effective upon adoption. PASSED AND ADOPTED this 20th day of Septe ATTEST: ~A~ Jane A. Hines, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Moved by: Cn~ 600~rY\A1V Seconded by: './ lU m~y ~1\t..C(~ Vote: Y-O-\ Mayor Edelcup 0Y es) Vice Mayor Thaler V(Yes) Commissioner Brezin V(Yes) Commissioner GOOdma~Y es) Commissioner 19lesias- Yes) _(No) _(No) _(No) _(No) _(No) Authorization To Execute Joint Use Agmt With School BoardPage 2 of2 - JOINT USE AGREEMENT BETWEEN THE CITY OF SUNNY ISLES BEACH AND THE SCHOOL BOARD OF MIAMI-DADE COUNTY. FLORIDA This Joint Use Agreement (this "Agreement") is made and entered into on this /~ day of IJ Ovet\\~ , 2007, by and between THE SCHOOL BOARD OF MIAMI-DADE COUNTY, FLORIDA, a public political body existing under the laws of the State of Florida (hereinafter "School Board") and the CITY OF SUNNY ISLES BEACH, a Florida municipal corporation (hereinafter "City"). The School Board and the City are sometimes referred to herein individually as a "Party" and collectively as the "Parties." RECIT ALS 1. The Parties entered into an Interlocal Agreement dated April 11, 2006 providing for mutual cooperation related to the financing, construction, maintenance and operation of new educational and recreational facilities within the City of Sunny Isles Beach, Florida, for the benefit of the City and Miami-Dade County and their respective student populations and residents (the "Interlocal Agreement"). 2. Pursuant to the Interlocal Agreement, the Parties agreed to share the use of certain educational and recreational facilities, as set forth herein. 3. City is the owner of a municipal park known as the "Pelican Community Park", located adjacent to the Future School Parcel, which is more particularly described in Exhibit "A" attached hereto and made a part hereof ("Pelican Community Park"). 4. The Interlocal Agreement provides for the development and construction of a new K-8 center public school ("K-8 center" or the "School"), on those lands more particularly described in Exhibit "B", attached hereto and made a part hereof (the "Future School Parcel"), located at 183rd Street and Atlantic Boulevard in the City of Sunny Isles Beach. 5. The City has agreed to grant the School Board a leasehold interest in the Pelican Community Park for use for recreational purposes associated with the School in order to service the School and the City's residents. 6. The School Board, at its meeting of August 1, 2007, BA# 110,625, authorized entering into this Agreement with the City. 7. Pursuant to the Interlocal Agreement, and the School Board action of August 1, 2007, the School Board and City wish to enter into this Agreement to set forth the sharing or joint use of the School Facilities, Parking Facilities and Pelican Community Park facilities. AGREEMENT In consideration of the mutual covenants and agreements set forth in this Agreement, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by the Parties, the Parties agree as follows: 1. Definitions. ':J:" ""- t'".I' " 1.1. Agreement. This Agreement, together with all Exhibits, amendments and modifications hereto. 1.2. Business Day. Any business day, exclusive of legal holidays and weekend days. 1.3. Cafetorium. A large room within the School that serves both as a cafeteria and an auditorium. 104. City. The City of Sunny Isles Beach, a political subdivision of the State of Florida. 1.5. City Commission. The City Commission of the City of Sunny Isles Beach, Florida. 1.6. City Manager. The City Manager of the City of Sunny Isles Beach, Florida or designee. 1. 7. Completion Date. The date on which a final certificate of occupancy or completion is issued for the School or Parking Facilities or Pelican Community Park Facilities, whichever is issued last. 1.8. Commencement Date. The same as the Completion Date, unless the Joint Use Committee agrees that the Parties may utilize some or all of the Joint Use Facilities prior to the issuance of the applicable final certificate of occupancy. 1.9. Community Center. The offices and companion City facilities located at the Pelican Community Park site, including the main offices of the City's Cultural and Human Services department. 1.10. Effective Date. The date that this Agreement is signed by the last to sign of the two parties to this Agreement. 1.11. Future School Parcel. The parcel of vacant land where the School is scheduled to be constructed and more particularly described in Exhibit "B" attached to this Agreement. 1.12. Joint Use Committee. A committee made up of one representative each from the School Board and City, responsible for establishing, monitoring, and modifying the joint use of the Joint Use Facilities. Other than as provided elsewhere in this Agreement, the Joint Use Committee will be responsible for coordinating and resolving any issues pertaining to the scheduling, use, operation, maintenance and supervision of the Joint Use Facilities and the Community Center. The Joint Use Committee will be composed of the following two individuals: the School Administrator, or his/her designee; and the City Manager, or hislher designee. 1.13. Joint Use Facilities. The School Facilities, Pelican Community Park Facilities, and Parking Facilities. 1.14. Non-School Days. Subject to the provisions of Sections 5.1.4 and 5.1.5, all days that are not School Days, Summer School Days and Teacher Planning Days. 1.15. Non-School Hours. The hours commencing 30 minutes after the end of the official School Day, through 11 :00 p.m. on School Days, and the hours of 8:00 a.m. through 2 {'r (.' I 11 :00 p.m. on Non-School Days. The Joint Use Committee shall have the authority to modify the Non-School Hours, as is reasonable and mutually agreed to by both Parties. 1.16. Parking Facilities. The parking garage located on the School site. 1.17. Pelican Community Park (sometimes referred to as "Park"). The City Park adjacent to the proposed School as described in Exhibit "A". 1.18. Pelican Community Park Facilities (sometimes referred to as "Park Facilities). Includes the Gymnasium, Playground, Baseball Field and other outdoor recreational facilities located at the Pelican Community Park, to be constructed by the City. Other than as provided elsewhere in this Agreement, for the purposes of this Agreement, Pelican Community Park Facilities does not include the Community Center. 1.19. School. The K through 8 center public school to be constructed by the School Board on the Future School Parcel. 1.20. School Administrator. The Principal of the School or designee. 1.21. School Board. The School Board of Miami-Dade County, Florida. 1.22. School Days. Any days that the public schools of Miami-Dade County are in session, exclusive of Summer School Days. 1.23. School Facilities. The Cafetorium, first floor covered Physical Education area, Intermediate play area and male/female locker rooms to be constructed on the Future School Parcel, as described in Exhibit "B". 1.24. School Hours. The hours that the School begins its activities before the start of the School Day and ending 30 minutes after the end of the School Day. The Joint Use Committee shall have the authority to modify School Hours, as is reasonable and mutually agreed to by both Parties. 1.25. Summer School Days. Subject to the provisions of Section 5.1.4, an academic session during the summer time, usually for remedial or supplementary study. 1.26. Teacher Planning Days. Subject to the provisions of Section 5.1.5, days other than School Days, when School staff will require access to the School and Parking Facilities for scheduled teacher planning, enrichment and learning activities. 2. Term of Agreement. The 40-year term of this Agreement shall begin on the Commencement Date, and shall renew automatically for successive ten (10) years thereafter, unless the School Board or the City are dissolved, abolished, or otherwise cease to exist, in which event the successor governmental entities will be bound by this agreement. 3. Construction of Improvements. The City and the School Board shall be responsible for the initial construction of improvements on the Future School Parcel and Pelican Community Park as follows: 3.1. School and Parking Facilities. The School Board and/or its designee will construct the School (including the School Facilities), and the Parking Facilities on the Future School Parcel, in accordance with the Interlocal Agreement. 3 ~. ..- ~ L ... 3.2. Pelican Community Park Facilities. The City and/or its designee will construct Pelican Community Park (including the Pelican Community Park Facilities) in accordance with the Interlocal Agreement. 4. Construction Costs. School Board will pay all costs of constructing the School (including the School Facilities), and Parking Facilities, pursuant to the Interlocal Agreement. The City will pay for all costs of constructing Pelican Community Park (including Pelican Community Park Facilities). 5. Joint Use of Facilities. The School Facilities, Pelican Community Park Facilities, and Parking Facilities will be available for joint use by the School Board and the City for the benefit of the public school student population, City residents and the general public, in accordance with the terms and conditions of this Agreement. With the exception of the Parking Facilities, the City, at its expense, will utilize School staff to open/close the School Facilities. 5.1. Hours of Use. 5.1.1. Annual Joint Use Scheduling. The Joint Use Committee shall meet prior to the start of each school year, or as soon thereafter as possible, to establish a schedule of proposed use of the Joint Use Facilities by the Parties for the upcoming school year. The Community Center shall be used exclusively by the City at all times for municipal purposes, unless other arrangements are agreed to by the Joint Use Committee, as stipulated below. 5.1.2. School Hours. During School Hours, the School Facilities, Pelican Community Park Facilities and Parking Facilities will be used exclusively by the School Board in accordance with the terms and conditions outlined in this Agreement, unless otherwise agreed to by the Joint Use Committee in writing. 5.1.3. Non-School Hours. Subject to the provisions of Section 5.1.6.3, with the exception of those facilities required by the School Board for previously scheduled intramural sports or official school activities as established in the annual joint use schedule, the City, its residents and the general public shall have exclusive use of the Pelican Community Park Facilities during Non-School Hours, and priority over the use of the School Facilities and Parking Facilities during Non-School Hours, unless otherwise agreed to by the Joint Use Committee in writing. 5.1.4. Summer School Davs. During Summer School Days, the School Facilities and Parking Facilities will be used by the School Board during School Hours in accordance with the School Board's rules and regulations relating thereto and to such other terms and conditions as shall be satisfactory to the School Board. During Summer School Days, the Pelican Community Park Facilities, including the Community Center, will be used by the City in accordance with the City's rules and regulations relating thereto and to such other terms and conditions as shall be satisfactory to the City. The Pelican Community Park Facilities, including the Community Center, shall not be used for Summer School activities unless specifically agreed to pursuant to Section 5.1.6.1 below. During Summer School Days, the School Board agrees that a minimum of 35 (thirty five) parking spots in the Parking Facilities will be made available to the City. 5.1.5. Teacher Planning Days. During Teacher Planning Days, the School Facilities and Parking Facilities will be used by the School Board during School Hours in accordance with the School Board's rules and regulations relating thereto and to such other terms 4 c... L and conditions as shall be satisfactory to the School Board. During Teacher Planning Days, the Pelican Community Park Facilities, including the Community Center, will be used by the City in accordance with the City's rules and regulations relating thereto and to such other terms and conditions as shall be satisfactory to the City. During Teacher Planning Days, the School Board agrees that up to 35 (thirty-five) parking spaces in the Parking Facilities will be made available to the City, as and if available. 5.1.6. Special Events. 5.1.6.1. Summer School Hours. Notwithstanding the provisions of Section 5.104, the Joint Use Committee may authorize use by either Party of the portions of the Joint Use Facilities not otherwise permitted, upon the reasonable and mutual agreement of both Parties. 5.1.6.2. Teacher Planning Days. Notwithstanding the provisions of Section 5.1.5, the Joint Use Committee may authorize use by either Party of the portions of the Joint Use Facilities not otherwise permitted, upon the reasonable and mutual agreement of both Parties. 5.1.6.3. Use of the Park and other Joint Use Facilities for School Board Special Events. Notwithstanding the provisions of Section 5.1.3, School Board may use the Pelican Community Park Facilities during Non-School Hours for special school events and functions, intramural sports and extracurricular activities not previously scheduled under the provisions of Section 5.1.1, provided the School Administrator notifies the City Manager or designee and secure the City's approval no later than two (2) weeks before the event. Such approval shall not be unreasonably withheld. During this use of the Pelican Community Park Facilities, the School Board shall be responsible for all use, maintenance, clean-up, risk management and supervision of the Pelican Community Park Facilities and other terms and conditions set forth in this Agreement. If the School Board allows use of the Pelican Community Park Facilities by third party not-for-profit entities providing educational or recreational programs to the School, the School Board shall require such entities or groups to provide liability insurance, insuring both the School Board and the City, in accordance with the rules and regulations established from time to time by both the School Board and the City for use of the Pelican Community Park Facilities. The School Board shall obtain a certificate of insurance evidencing same and shall provide a copy thereof to the City. In a similar fashion, the School Board may use the School Facilities and Parking Facilities during Non-School Hours for special school events and functions and extracurricular activities, without the approval of the City, where such use had not been previously scheduled by the City under the provisions of Section 5.1.1. In that event, the School Administrator shall notify the City Manager, in writing, a minimum of 1 (one) week in advance. Such use shall not include the use of the Pelican Community Park Facilities by the School Board. 5.2. Parties Permitted to Use Facilities. The City shall be allowed to use the School Facilities and Parking Facilities during Non-School Hours, to serve municipal purposes, its residents and the general public. During the use of the Facilities, the City shall be responsible for all use, maintenance, clean-up, risk management and supervision of the Joint Use Facilities and other terms and conditions set forth in this Agreement. If the City allows use of the Joint Use Facilities by third party not-for-profit entities providing recreational programs and services to the City, the City shall require such entities or groups to provide liability insurance, insuring 5 f:." r "'t both the City and the School Board, in accordance with the rules and regulations established from time to time by both the City and the School Board for use of their facilities. The City shall obtain a certificate of insurance evidencing same and shall provide a copy thereof to the School Board. 5.3. Rules and Regulations. The City's rules and regulations applicable to City parks shall apply to the School Board's use of the Pelican Community Park Facilities during the School's use. However, the School may impose reasonable additional rules and regulations during its period of use in order to safely and properly supervise and operate the facilities. The School Board's rules and regulations applicable to educational and recreational facilities shall apply to the School Facilities and Parking Facilities during the City's use. However, the City may impose reasonable additional rules and regulations during its period of use in order to safely and properly supervise and operate the facilities. 5.4. Other Uses by the City. From time to time during the term of this Agreement, the City may request of the School Board permission to use parts of the School which are not School Facilities, such as classrooms. The School Administrator may, if the School Administrator so elects, permit the City such use subject to the School Board's rules and regulations relating thereto and to such other terms and conditions as shall be satisfactory to the School Board. Nothing herein contained shall be construed as requiring the School Board to allow the use of such parts of the School which are not School Facilities, it being the agreement of the Parties that the granting of such use shall be subject to the School Board's approval, in its sole and absolute discretion and in accordance with its rules and regulations. 5.5. Other Uses by the School Board. From time to time during the term of this Agreement, the School Board may request of the City permission to use parts of Pelican Community Park which are not Pelican Community Park Facilities. The City Manager may, if the City Manager so elects, permit the School Board such use subject to the City's rules and regulations relating thereto and to such other terms and conditions as shall be satisfactory to the City. Nothing herein contained shall be construed as requiring the City to allow the use of such parts of Pelican Community Park which are not Pelican Community Park Facilities, it being the agreement of the Parties that the granting of such use shall be subject to the City's approval, in its sole and absolute discretion and in accordance with its rules and regulations. 6. User Fees. The City may charge and collect admission fees for the use of the Pelican Community Park Facilities and Parking Facilities in accordance with the City's fee schedule for comparable City facilities, provided the fees are utilized, in whole or in part, to offset costs associated with City events. 7. Admission Fees. Each party may establish and collect admission fees for events at the Joint Use Facilities, provided the fees are utilized, in whole or in part, to offset costs associated with the event. 8. Concession Stand(s). 8.1. Use of Concession Stand(s). The City shall have exclusive control over the access and operation of the concession stand at the Pelican Community Park Facilities. Notwithstanding, at the request of the School Administrator and subject to City staff availability, 6 L r the City may provide the necessary staffing to operate the concession stand for a School Board sponsored event. 8.2. Alcoholic Beverages. No alcoholic beverages may be sold or consumed at the School or any of the Joint Use Facilities, at any time. 9. Maintenance and Repair of School, Pelican Community Park and Parking Facilities. 9.1. Performance of Maintenance and Repair Responsibilities. 9.1.1. School Board. The School Board will be the party responsible for performing all maintenance and repair of the School and Parking Facilities, including, without limitation, landscape and grass maintenance and replacement; preparation and maintenance of buildings; maintenance, repair, and repaving of paved areas; lighting maintenance and repair; trash removal, and cleaning. All maintenance and repair of the facilities shall be performed by the School Board in a good and workmanlike manner, and in a manner consistent with the standards for public educational facilities. Notwithstanding the foregoing, the City and the School Board shall each be responsible to clean and repair any area of the School or Pelican Community Park after their respective use. Each party shall return the Joint Use Facilities in the same or better condition prior to the use. The City shall reimburse the School Board for actual out-of-pocket expenses incurred by the School Board for use of School Facilities and Parking Facilities, such as custodial costs (if School Board custodial personnel are required) and the cost of consumables such as soaps and paper products. 9.1.2. City. The City will be the party responsible for performing all maintenance and repair of the Pelican Community Park Facilities, including, without limitation, landscape and grass maintenance and replacement; maintenance, repair, and repaving of any paved areas; lighting maintenance and repair; field lining, trash removal, and cleaning. All maintenance and repair of the facilities shall be performed by City in a good and workmanlike manner, and in a manner consistent with the City's standards for park facilities. The City agrees to use its best efforts to schedule maintenance functions in order to minimize any impact on the Schools use of Pelican Community Park during School Hours. Notwithstanding the foregoing, the City and the School Board shall each be responsible to clean any area of the School or Pelican Community Park after their respective use. The School Board shall reimburse the City for actual out-of-pocket expenses incurred by the City for use of Pelican Community Park Facilities, such as custodial costs (if City custodial personnel are required) and the cost of consumables such as soaps and paper products. 9.2. Payment for Maintenance and Repair. The cost of maintenance and repair of the School and Parking Facilities shall be the sole responsibility of the School Board. The cost of maintenance and repair of the Pelican Community Park Facilities shall be the sole responsibility of the City. Notwithstanding, the School Board shall be responsible for its proportionate share of the cost for maintaining the Pelican Community Park Facilities, as provided in paragraph 11 below. Further, each Party shall be responsible for any extraordinary maintenance, repair or utility cost, beyond those that would normally be associated with the operation of the School, Parking Facilities and/or Pelican Community Park, which result from the use of the facilities by them. 7 L .... f" 10. Utility Costs. The payment of all costs for utility services to the School and Parking Facilities will be the sole responsibility of School Board. The payment of all costs for utility services to the Pelican Community Park Facilities will be shared proportionately between the School Board and the City based on a reasonable allocation, as provided in Section II below. 11. Allocation of Costs. The City shall create and present to the School Administrator or designee a budget for the Pelican Community Park Facilities, with projected allocation of costs, on or before July 3151 of each year. The cost of maintenance and repair of the Pelican Community Park Facilities shall be shared proportionately between the City and the School Board based on the hours of use of the facilities, as well as any other determining factors, as established by the Joint Use Committee. 12. Supervision. 12.1. Supervision during School Hours. During School Hours and all other hours of use by the School Board, supervision for the School Facilities, Pelican Community Park Facilities and Parking Facilities shall be provided by the School Board in accordance with standard School Board operating procedures, and at School Board's expense. 12.2. Supervision During Non-School Hours. During actual hours of use by the City, supervision for the School Facilities and Parking Facilities shall be provided by the City in accordance with standard City operating procedures, and at the City's expense. During Non-School Hours, supervision of the Pelican Community Park Facilities shall be provided by the City. 13. Insurance. 13.1. Property Insurance for School and Parking Facilities. The School Board shall maintain property insurance or provide evidence of an ongoing self-insurance program, as is customary and required by all applicable governmental authorities, for public educational and recreational facilities for the School and Parking Facilities, and shall provide evidence of such insurance to the City. 13.2. Property Insurance for Pelican Community Park. The City shall maintain property insurance or provide evidence of an ongoing self-insurance program, as is customary and required by all applicable governmental authorities, for public educational and recreational facilities for Pelican Community Park and shall provide evidence of such insurance to the School Board. 13.3. Public Liability Insurance. The School Board and the City shall each maintain public liability insurance or maintain an ongoing self-insurance program at all times. 14. Liability for Damage or Iniury. 14.1. City Liability. Subject to the limitations of Section 768.28 of the Florida Statutes, City shall not be liable for any damage or injury which may be sustained by School Board, or any person using the School, Pelican Community Park and Parking Facilities, other than damage or injury resulting from the negligence or improper conduct of City, its agents, representatives or employees, or resulting from City's failure to perform its obligations under this Agreement. 8 , I 14.2. School Board Liability. Subject to the limitations of Section 768.28 of the Florida Statutes, School Board shall not be liable for any damage or injury which may be sustained by City, or any person using the School, Pelican Community Park and Parking Facilities other than damage or injury resulting from the negligence or improper conduct of School Board, its agents, representatives or employees, or resulting from School Board's failure to perform its obligations under this Agreement. 15. Indemnification. 15.1. Indemnification by City. Subject to the limitations of Section 768.28 of the Florida Statutes, City agrees to indemnify and hold harmless the School Board from and against any and all claims, suits, actions, damages or causes of action arising from or in connection with City's use of the School, Pelican Community Park and Parking Facilities during the term of this Agreement. 15.2. Indemnification by School Board. Subject to the limitations of Section 768.28 of the Florida Statutes, School Board agrees to indemnify and hold harmless the City from and against any and all claims, suits, actions, damages or causes of action arising from or in connection with School Board's use of the School, Pelican Community Park Facilities, and Parking Facilities during the term of this Agreement. 16. Defaults. 16.1. Notice. If any party to this Agreement (the "Defaulting Party") fails to perform under this Agreement or fails to comply with the terms and conditions of this Agreement (a "Default"), the other party hereto (the "Non-Defaulting Party) shall send written notice (the "Default Notice") to the Defaulting Party according to the notice requirements set forth in this Agreement. The City's contact information is: City of Sunny Isles Beach Attention: City Manager 18070 Collins Avenue Sunny Isles Beach, Florida 33160 Telephone: (305) 947-0606 Facsimile: (305) 792-1590 With a copy to: City of Sunny Isles Beach Attention: City Attorney 18070 Collins Avenue Sunny Isles Beach, Florida 33160 Telephone: (305) 947-0606 Facsimile: (305) 792-1562 The School Board's contact information is: School Board of Miami-Dade County 9 ~ Attention: Superintendent 1450 NE 2nd Avenue Room 912 Miami, Florida 33132 Telephone: 305-995-7285 Facsimile: 305-995-4760 With a copy to: Miami-Dade County Public Schools Attention: Administrative Director Facility Planning 1450 NE 2 Avenue, Room 525 Miami, Fl. 33132 Telephone: 305-995-7280 Facsimile: 305-995-4760 School Board of Miami-Dade County Attention: School Board Attorney 1450 NE 2nd Avenue Room 400 Miami, Florida 33132 Telephone: 305-995-1304 Facsimile: 305-995-1412 16.2. Opportunity to Cure. The Defaulting Party shall have a period of 30 days after receipt of the Default Notice to either cure its Default or to provide a written response to the Non-Defaulting Party indicating the status of the Defaulting Party's resolution of the Default and a schedule for the curing of the Default; provided, however, that if: (a) the Default cannot reasonably be cured within such 30 day period and the condition giving rise to the Default is reasonably capable of being cured within a reasonable period of time, and (b) the Defaulting Party shall have in good faith promptly and diligently commenced to cure the Default within the 30 day period, then so long as the Defaulting Party diligently and continuously proceeds to cure the Default, such Default shall not be deemed an event of default subject to the remedies provided in Section 16.3. 16.3. Remedies. If, within 30 days after receipt of Default Notice, the Defaulting Party fails to cure its Default, or to provide a written response to the Non-Defaulting Party indicating the status of the Defaulting Party's resolution of the Default and a schedule for the curing of the Default, or fails to in good faith promptly and diligently commence to cure the Default, the Non-Defaulting Party shall have the right to seek all remedies available at law or in equity, which may include, but not be limited to, the right to seek damages and/or specific performance. Notwithstanding the foregoing, the City's right to use and operate the Pelican Community Park as a municipal park for the benefit of its residents and the general public cannot be terminated due to any Default on the part of the City for failure to comply with the terms and conditions of this Agreement 10 ~ "" 17. User Fee. The City shall pay a user fee to the School Board in connection with this Agreement in the amount of One Dollar ($1.00) per year. The City shall pay the School Board upfront a lump sum payment in the amount of Forty Dollars ($40.00) for the full term of this Agreement. The School Board shall pay a user fee to the City in connection with this Agreement in the amount of One Dollar ($1.00) per year. The School Board shall pay the City upfront a lump sum payment in the amount of Forty Dollars ($40.00) for the full term of this Agreement. 18. Addition or Modification of Existing Facilities. 18.1. Required Modification of Facilities. In the event that upgrades, modifications or changes to the facilities are required to meet or comply with new or revised codes, laws or governmental requirements or regulations applicable to the facilities, The School Board shall be responsible for those upgrades to the School and Parking Garage, and the City shall be responsible for those upgrades to the Pelican Community Park. 18.2. Elective Additions or Modifications to Facilities. 18.2.1. School Board Additions or Modifications. The School Board shall have the right to make additions, modifications or replacements to the School and Parking Facilities, at its expense, as it deems appropriate or necessary, with such matters to be co-ordinated with the Joint Use Committee. 18.2.2. Pelican Community Park. The City shall have the right to make additions, modifications or replacements to the Pelican Community Park Facilities, at its expense, as it deems appropriate or necessary, with such matters to be co-ordinated with the Joint Use Committee. 19. Damage or Destruction of Facilities. If damage occurs from fire, windstorm or other casualty, the City shall repair or replace the Pelican Community Park Facilities and the School Board shall repair or replace the School and Parking facilities, such repair or replacement to be completed within a reasonable period of time to avoid any unnecessary interruption of services to the School Board, City residents and general public. In the event the School Board is unable to use some or all of the Pelican Community Park Facilities due to Damage or Destruction, its obligations under this Agreement, including payment for utilities (Sections 10 and 11), and maintenance (Section 9), shall be reduced proportionately. 20. Miscellaneous. 20.1. Amendment. No modification or amendment of this Agreement will be of any force or effect unless in writing and executed by all of the Parties to this Agreement. 20.2. Assignment. This Agreement may not be assigned or transferred by any party to this Agreement, except to a govenunental entity which succeeds to the rights of a Party to this Agreement. 20.3. Construction of Agreement. The Parties to this Agreement have substantially contributed to the drafting and negotiation of this Agreement, and this Agreement shall not, solely as a matter of judicial construction, be construed more severely against one of the Parties than any other. The Parties acknowledge that they have thoroughly read this Agreement, including all exhibits and attachments hereto, and have sought and received II ~ " whatever competent legal advice and counsel was necessary for them to form a full and complete understanding of all rights and obligations herein. 20.4. Counterparts. This Agreement may be signed in any number of counterparts, each of which constitutes the Agreement of the Parties and each of which will be treated as an original. 20.5. Entire Agreement. This Agreement sets forth the entire agreement between the Parties relating to the joint use of all facilities. This Agreement supersedes all prior and contemporaneous negotiations, understandings and agreements, written or oral, between the Parties. 20.6. Gender. In this Agreement, the masculine includes the feminine and neuter, the singular includes the plunil, and the plural includes the singular as the context requires. 20.7. Governing Law; Compliance with Laws and Venue. This Agreement will be interpreted and enforced in accordance with Florida law, and the venue for all disputes shall be Miami-Dade County, Florida. The Parties agree that they shall comply with all applicable laws, ordinances and codes of all governmental authorities, including the Americans with Disabilities Act, and the Jessica Lunsford Act (HB988 (2007), effective August 2007), as it may be further amended and to the extent required by applicable law. 20.8. Notices. All notices and other communications which are required to be given under this Agreement shall be in writing and must either be (a) hand-delivered, (b) sent by Federal Express or a comparable overnight mail service, (c) mailed by U.S. registered or certified mail, return receipt requested, postage prepaid, or (d) sent by telephone facsimile transmission with transmission receipt, with an original copy of the transmission mailed by regular first-class mail not later than the first Business Day after the facsimile is sent. Notices should be sent to City and School Board at their respective addresses set forth in Section 16. I of this Agreement. Notice is effective upon delivery or refusal of delivery of notice. Any notice delivered after 5:00 p.m. will be deemed to be delivered on the following Business Day. The addressees and addresses for notice may be changed by giving notice. Until written notice of a change in address is delivered, the last addressee and address stated in Section 16.1 of this Agreement is in effect for all purposes. 20.9. Personal Liability of Parties. The Parties acknowledge that this Agreement is entered into by two governmental entities. The Parties agree that no individual elected official, employee, or representative of any party to this Agreement shall have any personal liability under this Agreement. 20. I O. Section and Paragraph Headings. The section and paragraph headings contained in this Agreement are for purposes of identification only and are not to be considered in construing this Agreement. 20.11. Severability. If any provision of this Agreement is declared invalid or unenforceable by a court of competent jurisdiction, the invalid or unenforceable provision will be stricken from the Agreement, and the balance of the Agreement will remain in full force and effect as long as to do so would not affect the overall purpose or intent of the Agreement. 20.12. Successors and Assigns. This Agreement will inure to the benefit of and be binding upon City and School Board, and their respective legal representatives, successors, and pennitted assigns. 12 20.13. Waiver. No waiver of any provision of this Agreement will be deemed to have been made unless such waiver is in writing and signed by the party waiving the provision. The failure of any party to insist upon strict performance of any provision of this Agreement shall not be construed as waiving or relinquishing such provision in the future. 20.14 Authority of Superintendent of Schools. For the purposes of this Agreement, the Superintendent of Schools shall be the Party designated by the School Board to grant or deny all approvals required by this Agreement. 20.15 Attorney Fees. In the event of any dispute, the Parties shall each pay their own Attorney Fees. 21. No Third Party Beneficiaries. This Agreement is solely for the benefit of the School Board and the City, and no right or cause of action shall accrue upon or by reason, to or for the benefit of any third party not a formal party to this Agreement. Nothing in this Agreement, expressed or implied, is intended or shall be construed to confer upon any person or corporation other than the School Board and the City any right, remedy, or claim under or by reason of this Agreement or any of the provisions or conditions of this Agreement; and all of the provisions, representations, covenants, and conditions contained in this Agreement shall inure to the sole benefit of and shall be binding upon the School Board and the City, and their respective representatives, successors, and assigns. 13 IN WITNESS WHEREOF, the Parties have caused this Joint Use Agreement to be executed in their names by their duly authorized officers on this IS" day of /Jov(ht~J<., 2007. CITY OF SUNNY ISLES BEACH, a Florida municipal corporation J) ATTEST: ~'A-':~ Jane Hines, CMC, City Clerk THE SCHOOL BOARD OF MIAMI-DADE ::UN~~&~ Dr. Rudolph F. Crew, Superintendent APPROVED AS TO FORM AND LEGAL SUFFICIENCY: 14 . . f-<:i:F' l~()f VV8Y '!Y'l:ed by' Cill' ~t ~urny ~- isl"" U;:>.:;ch b ,Q: .::... ,-- [6 <:" />~; . ~~_..~'. \<~':~~'::\'i , --~/. <. . ~. '. . , ,.~,/>;,;.:., ',"" . ~ ..... ,~J ,. ,.,,'/ /" '/>:_,":.-, "<(:j{~;., ' \~//~ . .'6> '. ~() r EXHIBIT "A" tntercuastal Watervvay Pelican Community Park /~ .. . ~;. r '_'l ";- . ...') '-;r. NE 183 St ,- "';j L' eo o c, .~; <.(j , ~ ~ ... ..1 l--:i:.F' tof 'vVny \;~.~ 'l:ed by City at ~urY'\y -'- .<;If'<; dp,Jell "V {~ ~, - I\: . CO, <: EXHIBIT "B" Intercuastal Waterway NE 183 St 'I Future .' School Parcel State School " ,'(::~/.;:...B. B-1 -:-..,~ ~;~:::-';" , '~""""/ ''-'.' : '/?~.' "'.."'" ~>,',>'\ '< ." ':'\, \<:<;:^-. ,',:;~>, ''\;/1 "0' , ''6> ',~o r './' , .~., r /0) '. " <}. "D 2' co ,g ~; ~' <(j .~ '" c "- "