HomeMy WebLinkAboutReso 2006-897
RESOLUTION NO. 2006- c:eFt7
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
SUNNY ISLES BEACH, FLORIDA, APPROVING AN
INTERLOCAL AGREEMENT BETWEEN THE SCHOOL BOARD
OF MIAMI-DADE COUNTY, FLORIDA, AND THE CITY OF
SUNNY ISLES BEACH RELATING TO THE CONSTRUCTION
OF A K-8 PUBLIC SCHOOL IN SUNNY ISLES REACH, IN
SUBSTANTIALLY THE SAME FORM ATTACHED HERETO AS
EXHIBIT "A"; AUTHORIZING THE MAYOR TO EXECUTE
SAID AGREEMENT; AUTHORIZING THE CITY ATTORNEY
AND THE CITY MANAGER TO DO ALL THINGS NECESSARY
TO EFFECTUATE THE TERMS OF THIS AGREEMENT;
PROVIDING FOR RATIFICATION BY THE CITY
COMMISSION; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Section 163.0 L Florida Statutes. authorizes local governing bodies to enter
into agreements for the mutual benefit of governmental units; and
WHEREAS, in 2003 the School Board and the City entered into an Interlocal Agreement
to ensure that plans for residential development are coordinated with the construction of new
schools; and
WHEREAS, the City has experienced extraordinary gro\\rth in student population since
its incorporation and anticipates such grO\vth \vill continue over the next several years as a result
of changing demographics and approved development projects \vithin the City's boundaries; and
WHEREAS, a school within the City's boundaries will address the 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 the City have identified a prime site for the school
comprised of two parcels, approximately 2 acres in combined size, located at 182 Drive between
North Bay Road and Atlantic Boulevard, in Sunny Isles Beach ("Subject Site"); and
WHEREAS, the Subject Site is located adjacent to a proposed City Park and the City has
agreed to allow the use of this park for recreational purposes associated with the school; and
WHEREAS, the School Board at its March 17. 2004 and September 7. 2005 meetings
authorized the Superintendent to pursue an Interlocal Agreement with the City and approved
acquisition of the Subject Site respectively: and
Approving Interlocal Agmt Wilh School Boarel
I'ag~ I orJ
WHEREAS, the School Board. at a public meeting held on January 18.2006. authorized
the Superintendent or his designee to initiate eminent domain proceedings to acquire the Subject
Site and authorized an amendment to the School Board's Five-Year Capital Plan to increase
funding from the current allocation for acquisition of the Subject Site~ and
WHEREAS, the School Board and the City have expressed a desire to enter into this
Interlocal Agreement to construct a public school for the benefit of City residents and the general
public, and to provide a framework for the development and construction of the proposed school;
and
WHEREAS, the City Commission finds that entering into this lnterlocal Agreement with
the School Board is in the best interest of the City and is a necessary step in a myriad of
procedural actions required to successfully construct the desired public school.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Approval of Agreement. The Interlocal Agreement with the School Board of
Miami-Dade County, Florida, providing for the coordination of planning and construction
schedules and procedures for the 1(-8 Center Public School. attached hereto as Exhibit "A", be
and the same, is hereby approved.
Section 2. Authorization of Mayor. The Mayor IS hereby authorized to execute said
Interlocal 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
Agreement.
Section 4. Ratification. The Interlocal Agreement shall be presented to the City Commission
for ratification subsequent to execution by the parties.
Section 5.
Effective Date. This Resolution will become effective upon adoption.
PASSED AND ADOPTED this 16th day of March 2006.
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Jane A..Hines; CMC, City Clerk
Approving Inlerlocal Agmt With Schoollloard
Page 2 0 r 3
APPROVED AS TO FORM
AND LEG UFF CIENCY:
Jans ttinot, City Attorney
Moved by: V\G.. ffi~1)Y e~~'211\J
Seconded by: d}'Mn~CCt'L ~L';'S.I'~
Vote: 5-b
Mayor Edelcup
Vice Mayor Brezin
Commissioner Goodman
Commissioner Iglesias
Commissioner Thaler
V (Yes)
V (Yes)
t../(Yes)
VCYes)
f,/(y es)
Approving Interlocal Agl11t With School lioarcl
Page 3 of 3
_(No)
_(No)
(No)
_(No)
_(No)
INTERLOCAL AGREEMENT
BETWEEN THE SCHOOL BOARD OF MIAMI-DADE COUNTY, FLORIDA,
AND THE CITY OF SUNNY ISLES BEACH, FLORIDA
THIS INTERLOCAL AGREEMENT (The "Agreement" ) dated this _ day of
2006, is entered into by and between The School Board of Miami-Dade County,
Florida, a public body corporate and politic existing under the laws of the State of Florida,
its successors and assigns, (hereinafter referred to as the "School Board"), and the City of
Sunny Isles Beach, Florida, a Florida municipal corporation created and existing under the
laws of the State of Florida, its successors and assigns (hereinafter referred to as the
"City").
RECITALS
WHEREAS, Section 163.01, Florida Statutes, the "Florida Interlocal Cooperation
Act of 1969," authorizes local government units to enter into agreements for the mutual
benefit of governmental units; and
WHEREAS, it is the policy of the State of Florida to require the coordination of
planning between school boards and local governments to ensure that plans for the
construction of public educational facilities are facilitated and coordinated in time and place
with plans for residential development; and
WHEREAS, in 2003 the School Board and the City have entered into an Interlocal
Agreement to ensure that plans for residential development are coordinated with the
construction of new schools; 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
Page 1 of 10
Exhibit" A"
WHEREAS, a school within the City's boundaries will address the K-8 educational
needs of the City's residents and help to alleviate overcrowding in other schools presently
serving 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 the City have identified a prime site comprised of
two parcels (Parcel 1 and Parcel 2), located at 182 Drive between North Bay Road and
Atlantic Boulevard, Sunny Isles, Florida ("Subject Site"). The Subject Site is approximately
2 acres in size and legally described in Exhibit "Au, attached hereto; and
WHEREAS, the Subject Site is located adjacent to a City park and the City has
agreed to allow use of the same for recreational purposes associated with the school; and
WHEREAS, the School Board's School Site Planning and Construction Committee
recommended the Subject Site as the site to locate a public school within the City; and
WHEREAS, Section 166.021, Florida Statutes, authorizes the City to exercise any
power for municipal purposes, except when expressly prohibited by law; and
WHEREAS, the City, after having exhausted all attempts to negotiate a purchase of
the Subject Site and lacking the statutory authority to condemn property for school
purposes, has agreed to tender the first $10 Million Dollars towards the acquisition of the
Subject Site pursuant to City Resolution No. 2005-809, adopted on July 15, 2005, and City
Resolution No: 2006-879, adopted on January 19, 2006; and
WHEREAS, the School Board at its March 17, 2004 and September 7, 2005
meetings authorized the Superintendent to pursue an Interlocal Agreement with the City
and approved acquisition of the Subject Site respectively; and
Page 2 of 10
WHEREAS, at a public meeting held on January 18, 2006, the School Board
authorized the Superintendent or his designee to initiate eminent domain proceedings to
acquire the Subject Site and authorized an amendment to the School Board's Five-Year
Capital Plan to increase funding from the current allocation for acquisition of the Subject
Site; and
WHEREAS, the parties to this Interlocal Agreement have expressed a desire to
enter into this Agreement in order to construct a public school for the benefit of the
residents of the City and the general public and to provide a framework for the
development and construction of the proposed school; and
WHEREAS, the School Board and the City have determined that it is necessary
and appropriate to enter into this Agreement to clarify various obligations for future
cooperation between the School Board and the City related to acquisition, financing, and
operation of the school; and
WHEREAS, the School Board, and the City have determined that it shall serve the
public interest to enter into this Agreement and the School Board shall secure the Subject
Site for the purpose of providing a public school for the benefit of the residents of the City
and the general public.
NOW, THEREFORE, in consideration of the terms and conditions, promises and
covenants hereinafter set forth, the parties agree as follows:
Section 1. Recitals Incorporated. The above recitals are true and correct and
incorporated herein.
Section 2. Purpose. The purpose of this Interlocal Agreement is to outline the
responsibilities of the School Board and the City with respect to the sharing of costs in
acquiring the Subject Site, the joint use of the adjacent City park, closure of an intervening
Page 3 of 10
street to optimize school operations, and operational issues related to the proposed
school.
Section 3. Enablinq Ordinance and Resolutions. The School Board and City
agree to approve and keep in effect such resolutions and ordinances as may be necessary
in meeting the purposes of this Agreement.
Section 4. Acquisition Funding and Eminent Domain. Pursuant to Section
1013.24, Florida Statutes, the School Board hereby agrees to acquire the School Site
through eminent domain, as authorized at its meeting of January 18, 2006. Upon the
issuance of an order of taking by the circuit court, the City agrees to tender the first $10
Million Dollars ($10,000,000) for the cost of acquiring the Subject Site, which include, but
are not limited to, attorney's fees and expert fees associated with the acquisition of
property through eminent domain proceedings. If the cost of acquiring the Subject Site
exceeds the City's initial tender, the School Board shall be responsible for all additional
costs and fees associated with the acquisition of the Subject Site not to exceed the sum of
$10 Million Dollars ($10,000,000). These additional costs and fees include, but are not
limited to, the cost of acquiring the Subject Site, attorney's fees, expert fees and all other
costs associated with the eminent domain proceedings. Any and all other costs and fees
above $20 Million Dollars ($20,000,000) shall be equally shared by the parties on a
50%/50% pro rata basis. The School Board agrees to file the eminent domain petition~
with the circuit court to acquire the Subject Site upon completion of all required pre-suit
investigations and will proceed expeditiously and use it beet efforte to shall file the petition~
by or before March 31 May-4-, 2006. The School Board further agrees to provide copies of
all notices and pleadings to the City Attorney. The School Board and the City represent
and warrant that they will or have allocated sufficient funds to acquire the Subject Site.
Page 4 of 10
Section 4- 5.
Facilities Fundinq. Construction, and Proiect Descriptions. The
School Board agrees to use its best efforts to commence construction of the K-8 Center
..9I,J91tg,..$chool no later than Jhm~.fQQL,;:;;:::::-. IJJSllJ..<;:.!lQQL~Q.mgJhl.rtb~r.9.gfS~,-~~JQ.f.gmQI~J~
construction of the K-8 Center f.or tlJe 2008 school oPE2nin-9.-1D_accordance with the School
Board's Five-Year Capital Plan, unless the parties mutuallv aqree on a different time for
commencement of construction. The School Board shall construct the K-8 public school
on the Subject Site in conformance with the State Uniform Building Code for Public
Educational Facilities and all other applicable laws and regulations. The school shall be
designed in accordance with the School Board's design criteria, plan review and
inspection process. The cost of said design and construction shall be paid by the School
Board. The School Board agrees to engage the City's staff in the design process and to
present the design plans for the proposed school to the City Commission at a public
meeting before the commencement of construction. A set of the design and construction
plans shall be provided to the City at least five (5) days prior to the public meeting. The
School Board represents and warrants that it has allocated sufficient funds to construct
the K-8 public school.
(a) Proiect Description. The K-8 Center shall have approximately 1,600
elementary and middle school student stations. No "portable" classrooms shall be allowed
on the future K-8 Parcel; however, in the event of an emergency, portable classrooms may
be utilized as long as needed as determined by the School Board.
Section &- 6. Joint Use Aqreement. The School Board and the City shall enter into
a Joint Use Agreement for the School Board's use of the City park for school recreational
purposes. The Joint Use Agreement shall be for a term of forty (40) years at a charge to
the School Board of one dollar ($1.00) per year and shall contain such other terms and
Page 5 of 10
Deleted: one hundred twenty (120)
days from the order of takina issued
for the Subiect Site bY the circuit court
iR-FisGal-'l'eaF-2GGG-2007
Deleted: in
conditions as may be mutually agreed to by the Parties. The Joint Use Agreement shall be
executed by the parties no later than ninety (90) days from the order of taking issued for
the Subject Site by the circuit court. Prior to the execution of the Joint Use Agreement, the
City agrees to present its design and construction plans of the park and facilities located
thereon to the School Board in an effort to ensure architectural and functional compatibility
with the School's design and layout for the K-8.
Section e 7. Vacation of Road. Upon the issuance of an order of taking by the
circuit court, the City agrees, as permitted by law, to vacate that certain portion of NE 182
Drive as depicted on Exhibit "B", attached hereto and made a part hereof, to optimize
school operations by providing contiguity between the Subject Site and Park sites. The
vacation shall be completed no later than one hundred twenty (120) days from the date
that an order of taking is issued by the circuit court.
Section +- 8. Option to Purchase. The parties acknowledge that the Subject Site
shall be used for a public school. However, in the event that the Subject Site is no longer
being used for a public school or educational purposes, the School Board agrees that the
City shall have the right of first refusal to purchase the Subject Site at the appraised value
established in an appraisal commissioned by the School Board less monetary
contributions made by the City to acquire the Site. No sale or donation of the Subject Site
shall take place without the consent ~ of the City Commission at a public meetinq. such
consent not to be unreasonablv witheld. The City's option to purchase the Subject Site
shall be in accordance with Florida Statutes and State Board of Education Rules. If a K-8
Center is not built on the Subiect Site, the parties aqree to share the proceeds of any sale
on a fifty percent (50%) basis.
Section g ~ Supplemental Aqreement. The parties acknowledge that this
Page 6 of 10
Agreement does not address operational issues relating to the day-to-day operation of the
K-8 school. The School Board and the City agree to enter into a Supplemental Interlocal
Agreement to address issues related to but not limited to City School Advisory Boards, use
of the school facility by the City after school hours, and City participation in affairs of the
school. The Supplemental Interlocal Agreement shall be executed by the parties no later
than December 31,2006.
Section 9 ~
Term. This Interlocal Agreement shall remain in full force and
effect from the date of its execution until perpetuity. Should either the School Board or the
City be dissolved, abolished, or otherwise cease to exist, the successor governmental
entities to said entities shall be deemed to be the parties bound by this provision. If the
Subject Site is not acquired by the School Board, both parties have the right to terminate
this Agreement upon sixty (60) days notice to either party.
Section +G 1.L
Severability. If any item or provision of this Agreement is held
invalid or unenforceable, the remainder of the Agreement shall not be affected and every
other term and provision of this Agreement shall be deemed valid and enforceable to the
extent permitted by law.
Section 44 R
Notices. Any notices to be given hereunder shall be in writing
and shall be deemed to have been given if sent by hand delivery, recognized overnight
courier (such as Federal Express), or it must be given by written certified U.S. mail, with
return receipt requested, addressed to the party for whom it is intended, at the place
specified. For the present, the parties designate the following as the respective places for
notice purposes:
If to the School Board:
Superintendent of Schools
Miami-Dade County Public Schools
1450 N.E. Second Avenue
Miami, FL 33132
Page 7 of 10
Copy to:
School Board Attorney
School Board Attorney's Office
Miami-Dade County Public Schools
1450 NE 2 Avenue, Suite 400
Miami, Florida 33132
If to the City:
City Manager
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, FL 33160
Copy to:
City Attorney
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, FL 33160
Section 4-211.
Amendments. It is further agreed that no modification,
amendment or alteration in the terms or conditions herein shall be effective unless
contained in a written document executed by the School Board and the City.
Section 4-J 14.
Indemnification. The School Board covenants and agrees that it
shall indemnify, hold harmless and defend the City, from and against any and all claims,
suits, actions, damages or causes of action arising from or in connection with the School
Board's use and occupancy of the park site during the term of this Agreement, for any
personal injury, loss of life or damage to property sustained in or about the park site, to the
extent of the limitations included within Section 768.28, Florida Statutes.
The City covenants and agrees that it shall indemnify, hold harmless and defend the
Board, from and against any and all claims, suits, actions, damages or causes of action
arising from or in connection with the City's use and occupancy of the school campus
during the term of this Agreement, for any personal injury, loss of life or damage to
Page 8 of 10
property sustained in or about the school campus, to the extent of the limitations included
within the Section 768.28, Florida Statutes.
Nothing in this Agreement is intended to operate as a waiver of the sovereign
immunity of either party.
Section +4 1Q."
Entire Aqreement. This document incorporates and includes all
prior negotiations, correspondence, conversations, agreements or understandings
applicable to the matters contained herein and the parties agree that there are no
commitments, agreements, or understandings concerning the subject matter of this
Interlocal Agreement that are not contained in this document. Accordingly, it is agreed that
no deviation from the terms hereof shall be predicated upon any prior representations or
agreements whether oral or written.
Section 4-e 16.
Enforcement of Aqreement. In the event that either Party is
required to enforce this Interlocal Agreement by court proceedings or otherwise, then the
Parties agree that each Party shall be responsible for their own fees and costs incurred,
including reasonable attorneys' fees and costs, of trial, alternative dispute resolutions, or
appellate proceedings.
Section 4.e 17.
Time of Essence. Time shall be of the essence for each and
every provision hereof.
Section 4+ 18.
Effective Date This Interlocal Agreement shall become effective
upon the execution by the City, and the School Board.
IN WITNESS WHEREOF, the parties hereto have made and executed this
Agreement on this
day of
,2006.
[Execution Page Follows]
Page 9 of 10
(SEAL)
ATTEST:
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
BY:
JULIE ANN RICO-ALLISON, ESQ.
SCHOOL BOARD ATTORNEY
(SEAL)
ATTEST:
JANE A. HINES, CMC
CITY CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
BY:
HANS OTTlNOT, ESQ.
CITY ATTORNEY
THE SCHOOL BOARD OF MIAMI-DADE
COUNTY, FLORIDA, AS THE GOVERNING
BODY OF THE SCHOOL DISTRICT OF MIAMI-
DADE COUNTY, FLORIDA
BY:
DR. RUDOLPH F. CREW, SUPERINTENDENT
DATE:
CITY OF SUNNY ISLES BEACH, acting by and
through its City Commission
BY:
MA YOR, NORMAN S. EDELCUP
DATE:
Page 10 of 10
;2. DD~ c> S~FJ
City of Sunny Isles Beach
18070 Collins Avenue, Suite 250
Sunny Isles Beach, Florida 33 160
(305) 947-0606 City Hall
(305) 949-3113 Fax
(305) 947-2150 Building Department
(305) 947-5107 Fax
Chief Fred Maas, Interim City Manager
Hans Ottinot, City Attorney
Jane A. Hines, City Clerk
City Commission
Norman S. Edelcup, Mayor
Roslyn Brezin, Vice Mayor
Gerry Goodman, Commissioner
Danny Iglesias, Commissioner
Lewis J. Thaler, Commissioner
OF su"
MEMORANDUM
TO:
The Honorable City CommiSSi(; \~
Hans Ottinot, City Attorney ~ \J
FROM:
DATE:
March 16, 2006
RE:
Interlocal Agreement Between the School Board of Miami-Dade County and the
City of Sunny Isles Beach
RECOMMENDATION
This Resolution is provided for your consideration and approval.
REASONS
Almost two years ago, the City of Sunny Isles Beach entered into an informal partnership with
Miami-Dade School Board to construct a kindergarten through eight grade (K-8) public school.
Through numerous negotiation sessions, the partnership has developed into a firm commitment
to construct the first public/or private school in the City of Sunny Isles Beach. The interlocal
agreement presented for your approval reflects the commitment that the City and the School
Board have made in order to construct a school for the benefit of the residents of the City.
Essentially, the agreement outlines the responsibility of the City and the School Board with
respect to acquiring the proposed school site and the construction of the school.
It is important to note that the School Board has committed to open the School's doors in August
of 2008. It is anticipated that construction will commence in June 2007. Please also note that the
School Board has initiated eminent domain proceedings to acquire the School site.
Attachment:
HO/jb
Date
\ 0 A
3-11o-()b
Agenda Item