HomeMy WebLinkAboutReso 2006-914
RESOLUTION NO. 2006-~
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
SUNNY ISLES BEACH, FLORIDA, RATIFYING THE
EXECUTION OF 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
BEACH, ATTACHED HERETO AS EXHIBIT "A";
AUTHORIZING THE CITY ATTORNEY AND THE CITY
MANAGER TO DO ALL THINGS NECESSARY TO
EFFECTUATE THE TERMS OF THIS AGREEMENT;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the School Board of Miami-Dade County, Florida and the City of
Sunny Isles Beach have expressed a desire to enter into an lnterlocal 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 Interlocal 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; and
WHEREAS, at the March 16, 2006 City Commission meeting, the Commission
authorized the Mayor to execute said Interlocal Agreement providing that the City Attorney
approved said lnterlocal Agreement as to form and legal sufficiency and that it be ratified by the
City Commission; and
WHEREAS, the Mayor and the Superintendent have executed the Interlocal Agreement,
attached hereto as Exhibit "A".
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Ratification of Interlocal 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 K-8 Center Public School, attached hereto as
Exhibit "A", be and the same, is hereby ratified.
Section 2. 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 3.
Effective Date. This Resolution will become effective upon adoption.
Ratifying Interlocal Agmt With School Board
Page I of2
PASSED AND ADOPTED this 11 th day of April 2006.
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Jan~ A. Hines, CMC; City Clerk
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APPROVED AS TO FORM
AN LtAL SUFFICIENCY:
Moved by: CO~YY\\SSI O)\)8R-. GooP.h\f\:^J
Seconded by: C()Y'r\rY\\Sq o~~~ I<1::>Ll.SI ~S
Vote: 5.....0
Mayor Edelcup
Vice Mayor Brezin
Commissioner Goodman
Commissioner Iglesias
Commissioner Thaler
1./ (Yes)
:;:CY es)
(Yes)
;;)Y es)
_(Yes)
_(No)
_(No)
_(No)
_(No)
_(No)
RatifYing Interlocal Agmt With School Board
Page 2 of2
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 t I~I., day of
f\'PRlL 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
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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 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 "A", 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
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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
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
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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 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 Fundinq 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
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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 shall file the petitions by or
before March 31, 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.
Section 5. Facilities Fundinq, Construction. and Proiect Descriptions. The
School Board agrees to use its best efforts to commence construction of the K-8
Center public school no later than June 2007. The School Board further agrees to
complete construction of the K-8 Center by the August 2008 school opening in
accordance with the School Board's Five-Year Capital Plan, unless the parties mutually
agree on a different time. 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.
Page 5 of 11
(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 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 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
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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
meeting, such consent not to be unreasonably withheld. 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 Subject Site, the parties agree to
equally share the proceeds of any sale on a fifty percent (50%) basis.
Section 9. Supplemental Aqreement. The parties acknowledge that this
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 lnterlocal Agreement shall be executed by the
parties no later than December 31,2006.
Section 10. Term. This lnterlocal 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 11. Severabilitv. If any item or provision of this Agreement is held
Page 7 of 11
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 12. 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
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
Page 8 of 11
Section 13. 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 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 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 15. 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
Page 9 of 11
that no deviation from the terms hereof shall be predicated upon any prior
representations or agreements whether oral or written.
Section 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 17. Time of Essence. Time shall be of the essence for each and every
provision hereof.
Section 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 A'PR. \ L , 2006.
[Execution Page Follows]
Page 10 of 11
(SEAL)
ATTEST:
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
THE SCHOOL BOARD OF MIAMI-DADE
COUNTY, FLORIDA, AS THE GOVERNING
BODY OF THE SCHOOL DISTRICT OF
MIAMI-DADE COUNTY, FLORIDA
By:Q~e~
DR. RUDO F. CREW, SUPERINTENDENT
DATE:
~ 3/;;,.I';/C(p
BY: ~
JULIE ANN RIC -ALLISO~SQ.
SCHOOL BOARD ATTORNEY
(SEAL)
ATTEST:
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JANE A. J?:INES, CMC
CITY CLERK -
DATE:
Page 11 of 11
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City Commission
Norman S. Edelcup
Mayor
Roslyn Brezin
Vice Mayor
Gerry Goodman
Commissioner
Danny Iglesias
Commissioner
Lewis J. Thaler
Commissioner
A. John Szerlag
City Manager
Hans Ottinot
City Attorney
Jane A. Hines
City Clerk
April 14, 2006
James Brako, Supervisor II
Facilities Planning
Miami-Dade County Public Schools
Governmental Affairs and Land Use
1450 NE Second Avenue, Room 525
Miami, FL 33132
Re:
Interlocal Agreement between the School Board of Miami-Dade County,
Florida and the City of Sunny Isles Beach
Dear Mr. Brako:
At its regular meeting of April 11, 2006, the City Commission adopted Resolution No.
2006-914, which ratified the execution of 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 Beach. Enclosed are two (2) fully
executed original agreements along with a certified copy of the approving resolution.
Thank you.
Very truly yours,
~4~
Jane A. Hines, CMC
City Clerk
Enclosures
cc: A. John Szerlag, City Manager
Hans Ottinot, City Attorney (original agreement)
Jorge Vera, Assistant City Manager
Shaun Gelvez, Contracts Administrator (original agreement)
Office of the City Clerk (305) 792-1703 Phone (305) 949-3113 Fax
Burke, Judith SlBlvd lmprovments/Pkg Agmt