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HomeMy WebLinkAboutReso 2006-964 RESOLUTION NO. 2006- crt-.I...} A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, PROVIDING FOR THE VACATION OF 182 DRIVE LOCATED BETWEEN NORTH BAY ROAD AND ATLANTIC BOULEVARD, AS MORE FULLY DESCRIBED IN EXHIBIT "B"; PROVIDING FOR THE CITY MANAGER TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to its home rule authority under Chapter 166, Florida Statutes, and the aforesaid Interlocal Agreement, the City has the authority to vacate, alter or discontinue any public street and right-of-way over which it has jurisdiction; and WHEREAS, since incorporating in 1997, the City has experienced extraordinary growth in student population 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, in an effort to alleviate overcrowding in other schools serving the City residents, the City entered into an Interlocal Agreement with Miami-Dade County on April II, 2006, attached hereto as Exhibit "A", to provide for the planning and construction of a K-8 school; and WHEREAS, the Interlocal Agreement with the School Board also provides for the condemnation of a parcel of land abutting 182 Drive and requires the City to vacate that certain portion of 182 Drive, as depicted on Exhibit "B", upon the issuance of an order of taking by the circuit court; and WHEREAS, the City Commission has determined that vacating 182 Drive is necessary to optimize school operations and provide contiguity between the intended school site and City park and recreational facilities; and WHEREAS, the City Commission has further determined that vacating the street is in the best interest of the public and will not have an adverse impact on the citizens of the City of Sunny Isles Beach and the vacation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section I. Incorporation of Recitals. The recitals contained in this resolution are incorporated herein by reference. Section 2. Sunny Isles conditions: Conditions Required For Vacation. That the City Commission of the City of Beach hereby agree to vacate the aforementioned. street with the following R2006~ Vacation of 182 Drive Page] of3 (I) Vacating the street shall not interfere or affect any utility easement or private easement that burdens the street; and (2) The School Board, in consideration of this Resolution and interlocal agreement, hereby agrees to defend and hold harmless the City of Sunny Isles Beach from any and all liability arising out of any incident or occurrence relating to the use of the vacated street during hours of operation of the school; and (3) The City reserves a perpetual roadway easement in the vacated street; and (4) No structure shall be constructed on the street except with the prior approval of the City; and (5) In the event any structures exist within the street said structure should be in conformity with all regulations adopted by the City. Section 3. Authority of City Manager. The City Manager is hereby authorized to do all things necessary to effectuate the vacation of the street as described herein. Section 4. Effective Date, This Resolution shall become effective upon adoption, PASSED AND ADOPTED this 219- day of ~, 2006. l. " ,r \...4' , ATTEST.;'" " ',' .,.-'i' ,t ,,--- '\11" ':~'1\: ~~~ ; ),~:ne,)L\. HlneS'~~!;\ City Clerk " . , '. I~ . .....; '-' APPROVED AS TO FORM AND LEGA U Y R2006- Vacation of 182 Drive Page 2 of) Vote: 4-b- \ Mayor Norman S. Edelcup Vice Mayor Roslyn Brezin Commissioner Gerry Goodman" 1aseY\ t- Commissioner Danny Iglesias Commissioner Lewis J, Thaler R2006- Vacation of 182 Drive Page 3 of3 Moved by: c1~ 1Hl4t-.'tXI Seconded by: C'~\~I\l\)~LS:S'I*,S V(Y es) ~(Yes) _(Yes) L./"{Y es) L,../"(Yes) _(No) _(No) (No) _(No) _(No) EXHIBIT "A" 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 II+'-- day of Q~ 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 lnterlocal 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 gqvernments 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 Exhibit "A" 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 Page 2 of 11 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 Page 3 of 11 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 lnterlocal 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 Page 4 of 11 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 Fundina, 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 bv 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) Project 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 ninetv (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 Page 6 of 11 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 aK-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 SUDPlemental Interlocal Agreement to address issues related to but not limited to City School Advisory Boards, use of the school facilitv bv the Citv after school hours. and Citv participation in affairs of the school. The Supplemental Interlocal Agreement shall be executed by the parties no later than December 31,2006, Section 10, Iprm. 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 riqht to termini'ltp this Aareement unnn 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 - retum-receipt-requested,-addressed-tQ-tl'le-party-fQr-whQm-it-is-il"1tel"1flefl,at-the-plaee------- ~ 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 Scl'1ool-Board's-use-and-oGGupanGy-of-tAe-paFk-site-EluFiR~HAe-teFm-oHhis-A!lFeement, 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 Feseltlti0fls;-er-appellate preeeeefflgs, 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~ ,2006, [Execution Page Follows] Page 10 of 11 (SEAL) ATTEST: THE SCHOOL BOARD OF MIAMI-DADE COUNTY, FLORIDA, AS THE GOVERNING BODY OF THE SCHOOL DISTRICT OF ::~IDDA DR. RUDO . CR , SUPERINTENDENT DATE: APPROVED AS TO FORM AND LEGAL SUFFICIENCY: ~ ~ 3!-lK100 BY: I ^ fjs.. JULIE ANN RIO-ALLISON, ESQ, SCHOOL BOARD ATTORNEY (SEAL) ..'A TTEST: ~~'A:'~ - 'JANE A. HINES, CMC CITY CLERK CITY OF SUNNY ISLES BEACH, acting by and throug .' . t Commis~ion 1 --C, '/ _ /'_ BY: Y , "t:-n/ /' c:y~<<-c<. M OR, NORMAN S. EDELCUP DATE: ~t It) 20ot., , Page 11 of 11 ~.......-~ II"',""" _"'P'T EXHIBIT "B" ~ . . "( /,j ".. ///I~ III ,! /:-t' . b p /// g I:! ////~# I ill // /,.. // . // / // / // / //// /1-;/ , . I ft . I 51 f !.t = I~ ~ 'I ill \ ----- ---_A~ ---- -- ~I ---;-- . ---.. 1l.\'L:~~...-- - - 1-- _ _ ... I I I t ;H,HHW! It .. iJ~ .1 ! riiii!ii;iiri,:1 I, .'!~;fl' !f'; Ii t.~r.1 _Hi , ..! .. 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C'IJ ~ t-3 r- Q I ~I ~ dl ".- - Ii; \oW I. 0 I~ > =:c ..c: 00 d =:c ~ ~ Ii I s ~ ~ ~ ~ ; ;; '" t E a.m "0' CO 5l ~ ~ ~ I j u ~ en Cl g ~ E $ ~ ~ .. .. "' "' "'''' 7Q7QO .........~ ~IeN ~ .ll E Q) ~ "' c E 0 :! :e :d G ~ is OW ~ +s al eo.. ~ ~ ~ Ol -g '" c ~i ~ . :>c '" ~ ... ~ 0", Ol 0% I ~ & Ol a l . ~ . . iLl = c. . ~ . ;; .Q I .~ 8 '" l ii ~ s Cj)~ ol ot ~i O. ....fi -8 en,; 01 (Iii ..... lllu 08 8 C'i O' .- ! .... . Ill' .!:!, .c~ :::l" D.~ l! . ! ~ . i i ~ I f .. ~ ,; I ~ z ~ NEIGHBORS CALENDAR Soclety:JoanParker,formerpresj. dentofthesocletyandBarbaraMusi- kar,currentpresident,willdiscllssthe latestadvilrn;esin Jewlshgenealogy thalwereptesentedattllelnterna- tional Assoclallon of Jewish Geneal- ogy Societies convenlion;10a.m. Sept.l0;GrealerMiamiJewishFeder. alion Building, 4200Biscayne Blvd., Miaml;free.305-B68-9226. GrelllerNorthMllmlBHch Chamber oICommerce:8uslnes5after.hours andnetworklngevent;5:30.7:30p.m. SepI.12;NewportBeachsldeResort, 16701CollinsAvIJ"MlamIBeacll;$10, free for members. 305-944-8500. William McDonald Center, 17011 NE 19IhAve.,NorlhMiamiBeactl:$3per session.CaIlRultlNorlonat 305-931-2286. GrealarHlamlJewllhGln,aloglcal ~ = . . . ~ E a . ~ = '. ,. . > < NOTICE IS tlEREBY GNEH that a public hearing will be held by the City Commlsslonoltllo G/ty of Sunny Isles Beach,RorIda, In the Sunny lsles Beach Govemmenf Center, Davld P. Samson Commission Chambers, 18070 Collins Avenue,SunnylslesBeach,onThursday,September21,2008,at7:30p.m.,to oonslderapprovlnglhafollowlngproposadResolu11on: A RESOLUTION OFTHE CfTYCOMMISSION OFTHECfTYOFSUNNV ISLES BEACH, flORIDA, PROVIDING FOR TIlE VACATION OF 182 ORNE LOCATED BETWEEN NORTH BAY ROAD AND ATlANTIC BOULEVARD, AS MORE RILLY DESCRIBED IN EXHIBIT .C. PROVIDING FOR THE CITY MANAGER TO DO ALL THINGS NECESSARY TO EFFECTUATe THIS RESOLUTION: PROVIDING FOR AN EFFECTIVE DATe. IF.r.AI IlFSCRIJ7TI/lNIlFTHFRIlAIl: t:.~~~~,w; !l~'\lo%;~~m'1'~~t:!Jl1rg~~"is1!! lnqulrieSreganfngthls item rnay be directed to the CIty C1er11 al 305-947-0606. CopIes of lfIese dOCUments are available for llUbllclnspec1lon dUllng normal business hoUIs inG/ty Hall. Jane A. Hlll8s,CMC,CIty Clerll All parsons arEtlnvtlad 10 appear at Ihis meeting or be represenlad by an agenl, or to express theIr views in writing addressed to tha City Commission c/o tile G/ty Clark,CiIy of Sunny Isles Beactl,18070 Collins Avenue, Sunny Isles Beactl, Aorlda,33160. AAypa.sonwlshlngtoaddresstheG/tyCommisslonalapublic hearlnglsaskedtoraglstarwlththaCilyG/erkbyoompletingapublicspeal(ers' card prior to the item beIng heard. The hearings on1hesa matters may be oontinuedatthlsmeelingandundersuchclrcumstances,addItionallagalnotlca would nol be provlded. Ua persoo decides to appaal anydaclslon made by the CIty Commission wlth respett to any matter considered als\JCh meating, they will need a record of lhe proceedingsand,forsuch purpose, may need to ensure lhataverbatim rerordoftheproceedlngslsmada,wlllcllracordincluoosthe lestImonyand evklanca upon which the appeal lsto be based. This notice does not COIl8fituta consent by the GIty for Inlroducllon or admission of otherwise lnadmlsslbla or Irrelevanl aYlllence, oordoes it authorIze challenges or appeals oolotllerwlse allowed by law. l:1~wI1htheMlerlcanswllhDisabililiesId,B1lper$OO$....noaredlsabledll'Kl....no needspeclal8lXOll\lTlOdilliOl1slopartlcPalellllhlslll88tlngb8ca05801lhaldisabililyshookl tooladlll8CityloWlageral305-947.0606,oolalerlhan48ho1npriorlolh8proceed"rngt;n heari1gi'npalred,p1easate!ejlllooeIheTTYIMleet305-792.1590f<<asslstance. ..A. AventuraHospitaI . ~ and Medical Center "-l:_ .. ... 20900 Blscayne Boulevard. Aventura, FL 33180 OF 'Ul'l TO: FROM: DATE: RE: City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33 I 60 (305) 947-0606 City Hall (305) 949-3113 Fax (305) 947-2150 Building Department (305) 947-5107 Fax 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 MEMORANDUM Hans Ottinot, City Attorney ~ oJ,.J.~ . r: UJ Priscilla Walker, CMC, Deputy City Clerk September 25,2006 Approval of Vacation of 182nd Drive Between North Bay Road and Atlantic Boulevard At its regular meeting of September 21, 2006, the City Commission adopted Resolution No. 2006-964, which approved the vacation of 182nd Drive between North Bay Road and Atlantic Boulevard. Attached is a copy of the approving resolution to assist you in processing this item. Thank you. :pw Attachments cc: A. John Szerlag, City Manager Jorge L. Vera, Assistant City Manager Doug Haag, Assistant City Manager Vacation Of 182 Dr Between Nbroad And Atlantic Trans Memo OF SUN City of Sunny Isles Beach 18070 Collins Avenue, Suite 250 Sunny Isles Beach, Florida 33] 60 (305) 947-0606 City Hall (305) 949-3 II 3 Fax (305) 947-2150 Building Department (305) 947-5 107 Fax 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, CMC City Clerk MEMORANDUM TO: The Honorable Mayor and City Commission Hans Ottinot, City Attorney y.\ ~/ September 2], 2006 ~ IJ FROM: DATE: RE: VACATING 182 DRIVE RECOMMENDATION: This Resolution is presented for your consideration. REASONS: As you know, the City and the School Board has entered into a partnership to construct a K-8 public school. In the Interlocal Agreement between the City and the School Board, the City agreed to vacate ] 82nd Drive to optimize school operations and provide more land area for school and recreational purposes. Approval of the resolution is required to ensure compliance with the Interlocal Agreement. Agenda Item 9 fA Date 9- '2. \-O~