HomeMy WebLinkAboutExhibitINTERLOCAL AGREEMENT
BY AND BETWEEN
THE CITY OF A AlYII
AND
THE SCHOOL BOARD OF MIAMI -RADE COUNTY
FOR THE USE OF JORGE MAS CANOSA PARK
(ALSO ENOWN AS RIVERSIDE PARD
LOCATED AT 342 SW 7TH AVENUE, MIAMI, FLORIDA
Table Of Contents
STATEMENT OF BACKGROUND AND PURPOSE ................................................. 3
ARTICLE1 DEFINITIONS........................................................................................... 3
ARTICLE 2 PURPOSE OF INTERLOCAL AGREEMENT ...................................... 6
ARTICLE3 THE TERM................................................................................................ 8
ARTICLE4 RENT...........................................................................................................
8
ARTICLE.5 PERMITTED USES...................................................................................
8
ARTICLE6 RIGHT OF ENTRY.................................................................................10
ARTICLE.7 CONSTRUCTION LIENS..............................:.......................................10
ARTICLE 8 MAINTENANCE, REPAIR AND UTILITIES.....................................12
ARTICLE9 NOTICES..................................................................................................12
ARTICLE 10 COMPLIANCE WITH APPLICABLE LAWS...................................14
ARTICLE 11 INSURANCE AND INDEMNIFICATION..........................................14
ARTICLE 13 GOVERNMENTAL PURPOSES........................................................
20
ARTICLE 14 ABSENCE OF THIRD PARTY BENEFICIARIES ............................
21
ARTICLE 15 DEFAULT, REMEDIES AND TERMINATION ................................
21
ARTICLE 16 ENVIRONMENTAL MATTERS.........................................................
24
ARTICLE 17 MISCELLANEOUS..............................................................................
25
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LIST OF EXHIBITS
EXHIBIT A-1 LEGAL DESCRIPTION...........................................33
EXHIBITA-2 SURVEY................................................................34
EXHIBIT B-1 SITE PLAN OF IMPROVEMENTS .............................35
EXHIBIT B-2 LIST OF IMPROVEMENTS TO BE CONSTRUCTED....36
EXHIBIT C INSURANCE AND BOND REQUIREMENTS
(GENERAL CONTRACTOR).....................................37
OA
INTERLOCAL AGREEMENT
THIS INTERLOCAL AGREEMENT is made and executed this day of
2009, by and between the CITY OF MIAMI, a municipal corporation of the
State of Florida (the "City"), and THE SCHOOL BOARD OF MIAMI-DADE
COUNTY, FLORIDA, a political subdivision of the State of Florida (the "School
Board"), (hereinafter called the "Patties").
STATEMENT OF BACKGROUND AND PURPOSE
WHEREAS, the City is owner in fee simple of all that certain land and
improvements located at 342 SW 7th Avenue, in Miami, Florida, commonly known as
Jorge Mas Canosa Park f/k/a Riverside Park (the "Park"), see Exhibit "A", and
WHEREAS, the express purpose and intent of this Interlocal Agreement is to
enable the use of the Park by the School Board to conduct its recreational programs
associated with Ada. Merritt K-8 Center ("K-8 Center', provided that the School Board
pays for certain improvements, operating costs, including staffing, and equipment to
implement their recreational programs at the Park; and
NOW THEREFORE, in consideration of the benefits that will accrue to the
Parties by virtue of this Interlocal Agreement and the respective terms and conditions
contained herein, the Parties hereto agree as follows:
ARTICLE 1
DEFINITIONS
Section 1:1 Defined Terms, Singular, Plural and Gender.
Any word contained in the text of this Interlocal Agreement shall be read as the
singular or the plural and as the masculine, feminine or neuter gender, as may be
applicable in the particular context. More specifically, however, for the purposes of this
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Interlocal Agreement the following words shall have the meanings attributed to them in,
this Section:
1.1.1 "Agreement Year" shall mean a period of twelve (12) consecutive,
calendar months, with the first year commencing on the Effective Date.
1. 1.2 "Applicable Laws" shall mean any law (including without limitation, any
Environmental Law), enactment, statute, code, ordinance, administrative order, chanter,
tariff, resolution, order, rule, regulation, guideline, judgment, decree, writ, injunction,
franchise, permit, certificate, license, authorization, or other direction or requirement of
any governmental entity, political subdivision, or any division or department thereof, now
existing or hereafter enacted, adopted, promulgated, entered, or issued.
1.1.3 "City Manager" shall mean_the administrative head of . the City's
government who has been appointed by -the City Commission of the City of Miami in
accordance with the provisions of Section 15 of the Charter of the City of Miami, as
amended, and who is authorized to execute this Interlocal Agreement and other
documents including notices required hereunder.
1.1.4 "Days" as used in this Interlocal Agreement shall mean calendar days,
unless otherwise specified.
1.1.5 "Effective Date" means the date this Interlocal Agreement is fully
executed by the parties, which date shall be inserted by the City Cleric on the first page of
this Interlocal Agreement..
1.1.6 "Environmental Laws" shall mean allapplicable requirements of federal,
state and local environmental, public health and safety laws, regulations, orders,. permits,
licenses, approvals, ordinances and directives, including but not limited to, all applicable
requirements of the CIean Air Act, the Clean Water Act; the Resource Conservation and
Recovery Act, as amended by the Hazardous and Solid Waste Amendments of 1984; the
Safe Drinking Water Act; the Comprehensive Environmental Response, Compensation
and Liability Act, as amended by the Superfund Amendments and Reauthorization Act of
1986; the Occupational Health and Safety Act; the Toxic Substances Control Act, -the
Pollutant Discharge Prevention and Control Act; the Water Resources Restoration and
Preservation Act; the Florida Air and Water Pollution Control Act; the Florida Safe.
Drfi2king Water Act; and the Florida Environmental Reorganization Act of 1975.
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1.1.7 "Event of Default" shall have the meaning given to it -in Section 15.1.
1.1.$ "Impositions" shall mean all governmental assessments, fire fees, parking
surcharges, excises, license and permit fees, levies, • charges and taxes, general and
special, ordinary and extraordinary, of every kind and nature whatsoever (irrespective of
their nature, including, without limitation, all such charges based on the fact of a
transaction, irrespective of how measured) which at any time during the term of this
Interlocal Agreement may be assessed, levied, confirmed, imposed upon, or become due
and payable out of or in respect of, or become a lien on, all or any part of the property
and/or the Improvements, or any fmtures, equipment or personal property placed therein
or thereon, including, without limitation, ad valorem and other similar taxes on the real
estate, the property leaeeheld interest and/or personal property. .
1.1.9 "Improvements" shall have the meaning given to it in Section 2.3 and in
conformance with Exhibit B of the Interlocal Agreement.
1.1.0 "Park' shall mean the City -owned property inclusive of all existing
improvements as well as all Improvements constructed by the School Board, and-
consisting
nd-consisting of approximately 3.44 acres located at 342 SW 7th Avenue, Miami, Florida,
as more particularly described in "Exhibit A" attached hereto• and made. a part hereof;
Jorge Mas Canosa Park, formerly known as Riverside Park. The term "Park" shall be
used interchangeably with the term "Property" in this Agreement to refer to the same
location.
1.1.11 "Parks Director" shall mean the -City of Miami Director of the Department
of Parks and Recreation.
1.1.12 "Park Manager" shall be the City's Park Manager designated to this Park
and authorized by the Parks Director to coordinate all the activities at the Park-
1.1.13
ark1.1.13 "Party" or "Parties" (whether or not by use of the capitalized term) shall
mean jointly or individually (as the context requires) each of the Parties to this Interlocal
Agreement and their respective successors and assigns.
1.1.14 "Property" shall refer to the Jorge Mas Canosa Park, formerly known as
Riverside Park, located at 342 SW 7t' Avenue, Miami, Florida, inclusive of all existing
improvements as well as all Improvements to be constructed by the School Board. The
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term "Property" shall be used interchangeably with the term "Park" in this. Agreement to
refer to the same location.
1.1.15 'Tent" shall have the meaning ascribed to it in Article 4.
1.1.16 "Superintendent of Schools" shall mean the person authorized to execute
this Interlocal Agreement on behalf of the School Board and who is also authorized to
grant or deny all approvals required by thislaterlocal Agreement, to cancel this Interlocal
Agreement and to provide any coordination. required by this Agreement dealing with the
design and construction of the Park improvements.
15.5.
1.1.17 "Unavoidable Delay" shall have the meaning ascribed to it in Section
ARTICLE 2
PURPOSE OF INTERLOCAL AGREEMENT
Section 2.1 Purpose of the Interlocal Agreement.
Pursuant to the provisions of the Florida Interlocal Cooperation Act of 1969, the
City and the School Board hereby enter into this Interlocal Agreement for the purpose of
allowing the School Board to use the Park to implement recreational programs associated
with the K-8 Center, which is located adjacent to the Park-
Section
arkSection. 2.2 Area To Be Used by The School Board.
The City hereby grants the use of the Park, including the bathroom facilities, as
set forth in Exhibit "A", to the School Board, in accordance to the terms of this Interlocal
Agreement.
Section 2.3 Construction of Improvements.
Pursuant to the conditions of this Interlocal Agreement, and in the manner
provided by law, the School Board shall cause to complete the construction of certain
improvements to the Park, in conformance with Exhibit "B" that shall be referred to
collectively in this Interlocal Agreement as the "Improvements". The Improvements to
be performed by the School Board at the Park are in return for the K-8 Center's use of the
Park.
School Board, at its sole cost and expense, shall perform the Improvements. The
School Board shall be responsible for all costs associated with the Improvements
including but not limited to design, construction, installation and permitting costs. The
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Improvements shall be designed and constructed in accordance with all statutes, laws,
ordinances and regulations of the State of Florida, Miami -Dade County; City of Miami
and any other agency that may have jurisdiction over the Park as they presently exist and
as they may be amended hereafter (the "Governmental Regulations"). School Board
hereby agrees to pay for and obtain all permits and licenses required by the Governmental
Regulations. The City, as owner of the Park, shall assist School Board in obtaining such
permits and approvals, but shall not be required to expend funds to obtain any permits or
approvals.
Any repair, alteration, addition (including the construction of additional
recreational facilities), deletion, partition or change to the Park to be made by the School
Board after the Improvements have been constructed (hereinafter the "Alterations") shall
be subject to the approval of the Parks Director, which approval may be granted, withheld
or conditioned, *in the Director's sole discretion. The School Board shall be solely
responsible for applying and acquiring all necessary building and zoning permits.
Except in the event of an emergency, School Board shall not make any repair or
alteration required or permitted to be performed by School Board without first receiving
the written approval of the Parks Director, which approval may be conditioned or
withheld. In the event of an emergency, School Board may reasonably proceed to
perform such -repair work, but shall not be required to do so, and shall immediately notify
the Parks Director of such work.
Other than in the event of an emergency, the School Boatd may be placed in
default of this. Interlocal Agreement, as provided in Section 15, and this Interlocal
Agreement can be terminated upon the City's election, if any Alteration is made without
first receiving consent from the Parks Director.
Section 2.4 Title of Itn_provements.
Upon completion of the Improvements at the Park, these shall automatically vest
in the City free and clear of any liens and encumbrances, without the need for any further
instrument of conveyance.
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ARTICLE 3
THE TERM
Section 3.1 Term.
The term of this Interlocal Agreement shall be for twenty (20) years commencing
on the Effective Date.
Section 3.2 Renewal Term(s).
The term of this Interlocal Agreement may be extended under the same terms and
conditions, (providing, however, that the School Board is not in default in any other
agreement it has with the City and that the City has no other plans for the Park which
conflicts with this Agreement) for an additional period of ten (10) years upon the prior
written consent of the City Manager, with review and approval by the City Attorney,
which consent shall not be unreasonably withheld, provided that the School Board serves
a minimum of one hundred and eighty (180) days written notice to the City prior to the
expiration of the Interlocal Agreement of its intention to extend the same.
ARTICLE 4
RENT
The School Board hereby agrees that the rent to be paid for the occupancy and use
of the Park shall be $1.00 per year (the "Rent"), with the full amount for the initial Term
to be payable in advance to the City at the commencement of the term _The Rent shall be
fixed for the initial term and renewal of this Interlocal Agreement.
ARTICLE 5
PERMITTED USES
Section 5.1 Use of the Park.
The School Board agrees that the Park shall be used exclusively for the purpose or
purposes set forth below. No use shall be made or permitted to be made of the Park, or
acts done, which are in violation of any Applicable Law, The Park is to be utilized by the
School Board for educational, and recreational purposes associated with the K-8 Center
(the "Permitted Uses"). Unless otherwise agreed to by the school administrator and the
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Parks Director, the School Board shall have use of the Park during regular public school
hours, hereinafter to be defined as the hours from 7:00 a.m. to 3:30 p.m. each regular
school day, during the regular school year, excluding summer school except as otherwise
provided below. In addition, the School Board shall have use of the bathroom facilities
during these same hours, and the City shall provide a key for same to the school site
administrator.
Further, during the term of this Interlocal Agreement, the School Board may use
the Physical Education Shelter, Baseball Field and Hard -court areas of the Park from 7:00
am to 3:30 pm, during each day that the K-8 Center has use of the Park under this
Interlocal Agreement. Should the School Board require use of the Park for summer
school, the School Board shall provide a m nimum of three (3) months prior written
notice to the Parks Director, and the Parties shall comply with the other provisions of
Section 17.17. It is hereby acknowledged by the parties that should the School Board
require use of the Park during, the summer school term, the K-8 Center's use of the Park
may need to be reasonably modified to accommodate City requirements.
The Park shall be operated for the use and benefit of the public, and the School
Board shall use the Park during the days and hours as stated in this Interlocal Agreement,
and all of the Park's facilities and services shall be made available to the public on fair
and reasonable terms and without discrimination, and in accordance with the terms of this
Interlocal Agreement. The Park shall not be used for any purpose other than the purposes
set forth herein without the prior written consent of the Parks Director, which consent
may be withheld or conditioned in the Parks Director's sole discretion. This Interlocal
Agreement and all rights of the School Board hereunder shall, at the option of the City,
cease and terminate if the School Board uses or allows the use of the Park for any
purposes not permitted herein.
Section 5.2 Continuous Duty to O ep rate.
Except where the Park is rendered untenantable by reason of fire or other
casualty, the School Board shall, during the Term or any additional Term hereof (i) use
the Park as of the Effective Date of this Interlocal Agreement; (ii) shall thereafter
continuously conduct operations at the Park in accordance with the provisions of Section
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5.1 and other terms of this Interlocal Agreement, including the provisions of Section
17.15; and (iii) at all times of its use, keep the Park fully stocked with those recreational
materials necessary and proper to operate its recreational programs in the Park.
ARTICLE 6
RIGHT OF ENTRY
After first identifying themselves to the school site administrator, and in
compliance with Article 10, the School Board shall permit the City and its agents,
representatives, employees, and/or designees' of the City to enter the Park, at all
reasonable times for any reasonable purpose; provided, however, that the City's rights
under this Section shall not unreasonably interfere with the ability of the School Board to
operate its recreational programs, or the performance of its obligations under this
Interlocal Agreement.
ARTICLE 7
CONSTRUCTION LIENS
The School Board shall not permit any construction laborers, material persons, or
other liens to be filed against the Park, or against any alteration by reason of work, labor,
services, or materials supplied to the School Board or anyone having a right to use the
Park. Nothing in this Iuterlocal Agreement shall be construed as constituting the consent
or request of the City, expressed or implied, by inference or otherwise, to any contractor,
subcontractor, laborer or materialman for the performance of any labor or the furnishing
of any materials for any specific alteration, or repair of or to the Parts, nor as giving the
School Board the right, power or authority to contract for or permit the rendering of any
services or the .furnishing of any materials that would give rise to the filing of any
construction lien against the City's interest in the Park. If any construction lien shall at
any time be filed against the Park as a result of the actions of the School Board, the
School Board shall cause it to be discharged of record within fifteen -(15) days after the
date the School Board has knowledge of its :filing. If the School Board shall fail to
discharge a construction lien within that period, then in addition to any other right or
remedy, the City may, but shall not be obligated to, discharge .the Lien either by paying
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the amount claimed to be due or by procuring the discharge of the lien by deposit in court
of bonding, or .in the event the City shall be entitled, if it so elects, to compel the
prosecution of any action for the foreclosure of the construction lien by the lienor and to
pay the amotmt of the judgment, if'any, in favor of the lienor with interest, costs and
allowances with the understanding that all amounts paid by the City shall constitute
additional payments due and payable under this Interlocal Agreement and shall be repaid
to the City by the School Board immediately upon rendition of an invoice or bill by the
City, Notwithstanding the aforementioned, the School Board shall not be required to pay
or discharge any construction lien, and will not be considered to have, committed an
Event of Default, as hereinafter defined, so long as (i) the School Board shall in good
faith proceed to contest the lien by appropriate proceedings, (ii) the School Board shall
have given notice in. writing to the City of its intention to contest the validity of the lien,
and, (iii) the School Board shall require any contractor performing work on its behalf to
provide within twenty (20) days from the date of any such award, a Public Construction
Payment Bond ("Payment Bond") and Public Construction Performance Bond
("Performance Bond") both of which shall be substantially in the form prescribed by
§255,05, Fla. Stat. and may be combined into one bond affording both coverages, a
Guarantee Bond {"Guarantee Bond") and certain insurance coverages meeting the City's
standards attached hereto and incorporated herein as Exhibit C as well any and all
requirements detailed in the School 'Board's General Conditions of the Contract for
Construction Agreement, and • (iv) the School Board shall thereafter submit fully
executed copies of any such bonds and proof of insurance coverages within ten (10) days
after full execution by the School Board and its construction contractors to the City of
Miami Department of Public Facilities, Asset Management Division, 444 SW .21
Avenue, P Floor, Miami, Florida 33130. The required bonding and insurance coverage
for the construction Improvements shall be maintained in effect until such time as the
construction of the Improvements is completed and the City shall be famished a copy of
same at the address listed in this section.
The School.Board shall have no responsibility for mechanics liens filed against
the Park as a result of worlc, labor, services, or materials contracted for by the City or .
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contracted for by anyone other than the School Board, its agents, and representatives
using the Park.
ARTICLE 8
MAINTENANCE, REPAIR AND UTILITIES
Section 8.1 Maintenance of the Park.
The School Board, at its sole cost, shall provide routine custodial and janitorial
maintenance of the portions of the Park used by it, during its period of use, and deposit
garbage and litter generated by its use into the designated garbage dumpster of the Park
upon the conclusion of its recreational programs each day. The School Board shall not
commit, or suffer to be committed, any waste in or upon the Park, which detracts from
the appearance of the Park.
Subject to the provisions of Article 10, the City shall provide and be responsible
for all routine maintenance of all improvements located within the Park, including those
Improvements installed by the School Board, as specified in Exhibit `B",. as well as any
other improvements that may be installed by the School Board in the future, as allowed
for in Section 2.3. In addition, the City shall provide routine custodial and janitorial
maintenance of the Park during those times other than the School Board's period of use.
Section 8.2 Supplies & Equipment.
The School Board, at its sole cost and expense, shall provide and install all
necessary equipment to implement its recreational programs in the Park.
Section 8.3 Utilities.
The City shall furnish and pay for all electricity, water and sewer, trash removal
and any other such utilities or services necessary to operate the Park and the
Improvements.
ARTICLE 9
NOTICES
All notices, demands, or other writings required or allowed in this Interlocal
Agreement must be in writing and shall be delivered or sent, with copies indicated, by
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personal delivery, certified mail., or overnight delivery service to the Parties as follows
(or at such other address as a party shall specify by notice given pursuant to this Section):
TO THE CITY: CITY OF MIAMI
ATTN: City Manager
3500 Pan American Drive
Miami, Florida 33133
WITH COPIES TO: CITY ATTORNEY
City of Miami
Miami Riverside Building, Suite 945
444 S.W. 2nd Avenue
Miami, Florida 33130
DEPARTMENT OF PUBLIC
FACILITIES
City of Miami
444 S.W. 2nd Avenue, 3rd Floor
Miami, Florida 33130
DEPARTMENT OF PARKS &
RECREATION
City of Miami
Miami Riverside Building
444 SW 2nd Avenue, 8d' Floor
Miami, Florida 33130
TO THE SCHOOL BOARD: THE SCHOOL BOARD OF MIAMI-
DADE-COUNTY, FLORIDA.
Attention: Superintendent
School Board Administration Building
1450 N.E. 2nd Avenue, Room 912
Miami, Florida 33132
With Copies to:
Miami -Dade County -Public Schools
Facilities Planning Depaitrnent
Attn: Administrative Director
1450 N.E. 2ad Avenue, Room 525
Miami, Florida 33132
The School Board of Miami -Dade
County, Florida
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School Board Attorney's Office
Attn: School Board Attorney
1450 N.E. 2nd Avenue, Room 400
Miami, Florida 33132
ARTICLE 10
COMPLIANCE WITH APPLICABLE LAWS
During the term of this Interlocal Agreement, the School Board and City shall
each comply with all Applicable Laws, rules, regulations and codes, including the
Americans with Disabilities Act
The School Board shall hire an architect and/or consultant to ensure plans
.compliance with federal, state and local ADA requirements. In addition, during the
required phases of construction work for any Improvements, the School Board must
contact, and have its contractor(s) be in contact with, the ADA Safety/ADA Coordinator,
c/o Risk Department at (305)416-1700 to schedule an ADA inspection for any
Improvements as the work proceeds.
The Parties acknowledge that the Park does not fall within the scope and
definition of school grounds covered under the Jessica Lunsford Act (HB 988 (2007). If,
however, the validity of this interpretation is later challenged after the execution of this
Interlocal Agreement and the Parties cannot negotiate a practicable means to comply with
the terms and conditions of the Jessica Lunsford Act, as amended, the City may terminate
this Agreement pursuant to Section 15.6 of the Interlocal Agreement.
The School Board shall obtain and maintain, at no cost to the City, all necessary
permits and licenses that are required in connection with its operation of and use of the
Park.
ARTICLE 11
INSURANCE AND INDEMNIFICATION
Section 11.1 • Insurance.
Subject to the limitations of Section 768.28, Florida Statutes, the School Board
shall provide evidence of an ongoing self-insurance program for Public Liability,
Automobile Liability and Workers' Compensation Insurance covering the School
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Board's Officers, members . and employees, at its sole cost and expense, which self -
r insurance program shall be maintained in full force and effect at all times throughout the
Term of this Interlocal Agreement and through any additional renewal terms.
Nothing in this Interlocal Agreement is intended to operate as a waiver of the
statutory sovereign immunity or the limitations on liability of either party.
Section 11.2 Additional Insured.
All policies of insurance required by Exhibit "C" shall indicate as additional
insured the Board, the City, and such other entity as may be required thereunder.
Notwithstanding any such inclusion, the Parties agree that any losses under such policies
shall be payable, and all insurance proceeds recovered thereunder shall be applied and
disbursed, in accordance with the provisions of this Section. All insurance policies shall
provide that no material change, cancellation or termination shall be effective until at
least thirty (3 0) days after written notice to the additional insured(s).
Section 11.3. Builder's Risk Insurance.
(A) Builder's Risk Coverage.
Upon commencement of construction of the Improvements, the School Board
shall add this project to its Builder's Risk Portfolio Policy, with the amount and type to
be equivalent to the replacement cost of such Improvements. Such -Builders Risk
Insurance coverage shall remain in effect through Substantial Completion of the
Improvements. The City shall be provided with a Certificate of Insurance for this
coverage.
Upon completion of such Improvements, the School Board shall provide evidence
of Commercial Property Insurance, including special causes of loss, replacement cost
valuation, and sub -limits of coverage on flood, wind and hail coverage.
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(B) Authorized Payment of Builders .Risk Proceeds.
All sums payable for loss and damage arising out of the casualities covered by the
School Board's Builder's Risk Portfolio Policy shall be disbursed pursuant to subsection
11.3(C).
(C) Disposition of Insurance Proceeds for Reconstructing.
Except as provided herein with respect to disposition of insurance proceeds in the
event of termination pursuant to Section 12.3 of this Interlocal Agreement, all insurance
proceeds shall be used, to the extent required, for the reconstruction, repair or
replacement of the Improvements, so that the Improvements shall be restored to a
condition comparable to the condition prior to the loss or damage (hereinafter referred to
as the "Reconstruction Work").
.(D) Deteimination rewarding Commencement and Completion of Reconstruction.
The School Board shall promptly notify the City within forty eight (48) hours of
any damage or destruction to the Improvements. Thereafter, the School Board, in
consultation with the City's Risk Management Department will submit any claim for
damage to the insurer in order for the Parties to determine if the Reconstruction Work is
practicable in accordance with the criteria set forth in Section 12.2. If the Reconstruction
Worlc is determined to be practicable, Reconstruction Work shall commence no later than
one hundred eighty (180) days after receipt of insurance proceeds, subject to Force
Majeure.
Section 11,4 Insurance Does Not Waive Parties' Obligations.
No acceptance or approval of any insurance hereunder shall relieve or release
either Party from any liability, duty or obligation under this Interlocal Agreement.
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e
Section 11.5 Indemnification.
Subject to the limitations of•Section 768.28, Florida Statutes, the School Board
shall indemnify, hold harmless and defend the City, its officials and employees from and
against any and all claims, suits, actions, damaCP
ges or causes of action of whatever nature
arising during School Boards use.and occupancy of the Park, for any personal injury, loss
of life or damage to personal property and/or real property sustained in or on the Park, by
reason of or as a result of School Board's use or operations thereon, and from and against
any orders, judgments or decrees which may be entered thereon, and from and against all
costs, attorney's fees, expenses and liabilities incurred in and about the defense of any
such claims and the investigation thereof, other than for. claims, costs, liabilities, suits,
actions, damages or causes of action arising from the negligence or alleged negligence of
the City, including any of its employees, agents, or officials or resulting from the ' City's
failure to perform its obligations under this Agreement.
-Subject to the limitations of 'Section 768.28, Florida Statutes, the City shall
indemnify, hold har less and defend the School• Board, its officials and employees from
and against any and all claims, suits, actions, damages or causes of action of whatever
nature arising during City's use and occupancy of the Park, for any'personal injury, loss
of life or damage to personal property and/or real property sustained in or on the Park, by
reason of or as a result of City's use or operations thereon, and from and against any
orders, judgments or decrees which may be entered thereon, and from and against all
costs, attorney's fees, expenses and liabilities incurred in and about the defense ofany
such claims and the investigation thereof, other than for claims, costs, liabilities, suits,
actions, damages or causes of action arising from the negligence or alleged negligence of
the School Board, including any' of its employees, agents, or officials or resulting from
the School Board's- failure to perform its obligations under this Agreement.
Section 11.6 Waiver of Subrogation Riglits.
Anything in this Agreement to the contrary notwithstanding, the City and the
School Board each hereby waive any and all rights of recovery, claim, action, or causes
of action against the other, its agents, officers, directors, partners, investors, or
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employees, for any liability, loss or damage that may occur in, on, about or to the Park or
any Improvements from time to time existing thereon, or to any portion or portions
thereof, or to any personal property brought thereon, by reason of fire, the elements or
any other cause(s) which are insured against under the terms of valid and collectible
insurance policies carried for the benefit of the Party entitled to make such claim,
regardless of cause or origin, including negligence of another Party hereto, its agents,
officers, directors, partners, investors, or employees; provided that such waiver does not
limit in any way any Party's right to recovery under such insurance policies, and
provided further that the insurer pays such claims. The City and the School Board shall
each obtain waiver of subrogation endorsement as applicable to the excess casualty
policy to effect the provisions of this Section.
ARTICLE 12
DAMAGE OR DESTRUCTION
Section 12.1 Notice of Loss.
Whenever any part of the Park and Property shall have been damaged or
destroyed by fire or other casualty, the School Board shall as promptly as possible under
the circumstances secure the damaged or destroyed area, take appropriate safety
precautions, and give the City written notice of any damage or destruction to the Paric
and/or its improvements withiri forty-eight (48) hours of the occurrence of such damage
or destruction and the City shall cause the appropriate insurance carriers. to investigate
and assess damages in accordance with the terms of the applicable insurance policies and
shall promptly prosecute all valid claims which may have arisen against insurers or others
based upon any such damage or destruction as soon as practicable.
Section 12.2 Destruction of The Park.
If the Park shall be damaged by fire, the elements, accident, or other casualty (any
of such causes being referred to herein as a "Casualty"), but the Parlc shall not be
rendered wholly or partially untenantable, the City shall cause such damage to be
repaired as promptly as possible under the circumstances.
If, as a result of Casualty,,. the Park shall be rendered partially untenantable, then
the City shall cause such damage to be repaired, provided such damage is not caused by
the negligence of the School Board, its employees, agents, contractors, representatives,
guests or invitees. The City shall not be liable for interruption to the School Board's
business or for damage to or replacement or repair of School Board's personal property.
The City shall not be obligated to spend more for the cost of repair than net insurance
proceeds recovered with respect to such loss. In this regard, the City's repair of the Park
may not result in the same being restored to its condition prior to any such Casualty to the
extent funds are not so available to fully restore the Park to its original condition. In the
event the cost to repair the Park is less than the net insurance proceeds received by the
City, all excess insurance proceeds shall be remitted to the City. •
Section 12.3 City's motion to Terminate Due to Casualty.
If (a) the Park is rendered wholly untenantable, or (b) the insurance proceeds
received are insufficient to complete the repairs determined by the Parties, or (c) the City
or the Board are unable to obtain all of the governmental approvals required for the
reconstruction of the Property and (d) if the City elects not to repair such damage, the
City shall so notify the School Board that it intends to terminate this Interlocal
Agreement by giving the School Board notice of such election within ninety (90) days
after the occurrence of the casualty.
If the Park is rendered wholly untenantable, the School Board may elect to
receive the full amount of the City's insurance proceeds for the purpose of funding the
difference, if necessary, to reconstruct the Park to a usable condition for the School
Board's recreational program.
In the alternative, should such a Casualty occur during the twenty (20) year
base Term of this Interlocal Agreement, the School Board may instead elect to receive
from the City a prorated portion of the City's insurance proceeds covering only those
Improvements made by the School Board, with a cap of $342,000, as amortized on a
straight-line basis over the twenty (20) year base Term of this Interlocal Agreement. In
this event, the insurance proceeds shall be disbursed as follows:
19
(i) First toward the reduction of the unpaid amounts due to contractors and
consultants related to the construction work performed;
(ii) Second toward costs for debris removal; and
The balance of the proceeds, if any, shall be paid to the Parties as their
respective interests may then appear.
Should the School Board not elect to repair the Park to a usable condition for
the School Board's recreational program, as described above, within one -hundred eighty
(180) days of the Casualty, then the City may terminate this Interlocal Agreement by
giving the School Board notice at least ninety (90) days prior to such termination. If such
notice is given, the rights and obligations of the Parties shall cease as of the date of such
notice, and the Rent (other than any additional payment due to the City by reason of the
School Board's failure to perform any of its obligations hereunder) shall be adjusted as of
the date of such termination.
Upon any termination of this Interlocal Agreement under any of the provisions' of
this Section, the School Board and the City shall each be released thereby from any
further obligations hereunder accruing after such termination, except that such release
shall not apply to any sums then accrued or due, or to the School Board's obligations
under the Section of this Interlocal Agreement entitled "Surrender of Possession" or to
any obligation .otherwise surviving the termination of this Interlocal Agreement.
ARTICLE 13
GOVERNMENTAL PURPOSES
The conveyance of any interest conferred in the Park under this Interlocal
Agreement, and the School Boards' activities pertaining to planning, establishment,
development, construction, improvement, maintenance and- operation of the Park, are
public and governmental fimctions exercised for a public purpose. The School Board
aclmowledges that the City has advised that use of the Park by private persons and
entities for private use or purpose, are prohibited, and require that such be used solely for
public purposes. The School Board further agrees that a violation of the permitted uses
may result in the termination of this Interlocal Agreement by the City, after providing
20
notice of same to the School Board, and providing the School Board with a reasonable
period to cure the problem. In the event of termination of this Interlocal Agreement
under any of the provisions of this Article, the School Board shall be released thereby
from -any further obligations hereunder accruing after the commencement - of such
termination, except that such release shall not apply to any sums then accrued or due to
the City, or to the School Board obligations under the Section of this Interlocal
Agreement entitled" Surrender of Possession," or to any obligation or provision otherwise
surviving or intended to survive, the termination of this Interlocal Agreement.
ARTICLE 14
ABSENCE OF THIRD PARTY BENEFICIARIES
Nothing in this Interlocal Agreement, express or implied, is intended to (a) confer
upon any entity or person other than the Parties any rights or remedies under or by reason
i
of this Interlocal Agreement as a third -party beneficiary, or otherwise; or (b) authorize
anyone not a party to this Interlocal Agreement to maintain an action pursuant to or based
upon this Interlocal Agreement.
ARTICLE 15
DEFAULT, REMEDIES AND TERMINATION
Section 15.1 Events of Default.
The occurrence of any one or more of the following events is deemed an
"Event'of Default":
(a) If the School Board defaults in the due and punctual payment of
any installment of any Rent when due and payable in accordance with this Interlocal
Agreement, and such default continues for more than thirty (30) days after written notice
to the respective party that the sum is due;
(b) If any of the Parties defaults in the due performance or observance
of any covenant or condition or provision under this Interlocal Agreement, other than the
payment of Rent, and such default continues for more than thirty (30) days after written
notice of the default from the non -defaulting party, provided that if such default is
curable but cannot be cured within thirty (30) days, the defaulting party shall have a
21
reasonable period of time (not to exceed one hundred eighty (180) days) to cure such
default so long as the defaulting party commences the cure within thirty (30) days and
diligently prosecutes same to completion.
Section 15.2 Remedies.
If any Event of Default occurs, which default is not cured, the party not at fault
shall have the right to terminate this Interlocal Agreement upon thirty (30) days written
notice. In the event of default by the City, which default is not cured, resulting in
termination of this Interlocal Agreement by the School Board, the City shall reimburse
the School Board for the unamortized portion of the Improvements made by the School
Board, The unamortized cost shall be equal to the cost of the Improvements, with a cap of
$342,000 amortized on a straight-line basis over the 20 year base -Term of this Interlocal j
Agreement.
In the event this Interlocal Agreement is terminated as a result of a default.by the
School Bbard, which default is not cured, the School Board shall not be entitled to
reimbursement of the unamortized cost of the Improvements as provided in this Section
15.2 herein.
Section 15.3 No Waiver.
The waiver (either expressed or implied by law) by either party of any default of
any term, condition or covenant herein contained shall not be a waiver of any subsequent
default of the same or any other term, condition or covenant herein contained. No waiver
made by either party with respect to performance, or manner or time thereof, of any
obligation of the other party or any condition to its own obligation under this Interlocal
Agreement shall be considered a waiver of any rights of the party malting the waiver with
respect to the particular obligations of the other party, or conditions to its own obligation,
beyond those expressly waived, and to the extent thereof, or a waiver in regard to any
other rights of the party malting the waiver or in regard to any obligation of the other
party.
22
Section 15.4 Remedies Cumulative.
No remedy conferred upon or reserved to either of the Parties shall be considered
exclusive of any other remedy, but shall be cumulative and shall. be ih addition to every
other remedy given under this interlocal Agreement or existing at law or in equity or by
statute; and every power and remedy given by this Interlocal Agreement to the Parties
may be exercised from time to time and as often as occasion may arise or as may be
deemed expedient by the Parties. No delay or omission of the Parties to exercise any
right or power arising from any default shall impair any right or power, nor shall it be
construed to be a waiver of any default or any adquiescence in it.
Section 15.5 Unavoidable Delay.
For the purpose of any of the provisions of this Interlocal Agreement, neither the
City (including the City Manager) nor the School -Board, as the case may be, shall be
considered in breach of or in default in any of its obligations under this Interlocal
Agreement in the event of unavoidable, delay in the performance of any such obligations
due to strikes, lockouts, acts of God, inability to obtain labor* or materials, or to settle
insurance claims, due to governmental restrictions, enemy action, civil commotion, fire,
hurricane, flood,=casualty, or other similar 'causes beyond the reasonable control of a
party (collectively "Unavoidable Delay"), but not including such party's insolvency of
financial condition, it being the purpose and intent of this Section that in the event of the
occurrence of any such Unavoidable Delay the time or tunes for the performance of the
covenants and provisions of this Interlocal Agreement shall be extended for -the period of
Unavoidable Delay; provided, however, that the party seeking the benefit of the
provisions of this Section shall, within thirty (30) days after such party shall have become
aware of such Unavoidable Delay, give written. notice to the other party thereof of the
cause or causes thereof and the time anticipated to be delayed.
Section 15.6 Termination.
In the event the City intends to terminate this Interlocal Agreement for cause,
other than Damage or Destruction (Section .12.2) or Governmental Purposes (Article 13),
including without limitation any action challenging the validity of this Interlocal
23
Agreement, the City shall first place the School Board in Default, as defined herein, and
provide the School Board with the specified period of time within which to cure the
default or, in conformance with Section 10, shall give ninety (90) days written notice to
the School Board of the City's intent to terminate. In the event the School Board fails to
cure the Default and the City then terminates this Interlocal Agreement, it is understood
and agreed that the City shall have no liability whatsoever, financial or otherwise, to the
School Board, for any matter whatsoever, relating to the termination or the use of the
Park, including specifically, without limiting the generality of the foregoing, liability for
any expenses incurred in connection with the Improvements to the Park or operation of
the Park.
In the event the City terminates this Interlocal Agreement without cause, it shall
provide the School Board with a minimum of one (1) year prior written notice, and shall
then reimburse the School Board for the tmamortized portion of the Improvements made
by the School Board. The unamortized cost shall be equal to the cost of the
Improvements, with a cap of $342,000 amortized on a straight-line basis over the 20 year
base Term of this Interlocal Agreement.
In addition to any other provisions included within this Interlocal Agreement, the
School Board shall have the right to cancel this Interlocal Agreement at any time, without
penalty, by providing the City with a minimum of one (1) year advance written notice. In
the event of cancellation by the School Board, the School Board shall not be entitled to
reimbursement of the unamortized cost of the Improvements as provided in Section 15.6
herein.
ARTICLE 16
ENVIRONMENTAL MATTERS
The School Board shall warrant and represent, and shall indemnify and hold
harmless the City, its officials and employees, subject to the limitations of Section 768.28
F.S., for the breach of the covenants, that:
(a) • School Board will not unlawfully use or employ the Park, or any of
the facilities thereon to handle, transport, store, treat, or dispose of any hazardous wastes
or substances, on the Park;
24
(b) School Board will not knowingly conduct any activity on the Park
in violation of any applicable Environmental Laws; and .
(c) School Board will conduct any activity on, or relating to the Park,
and the operations of its recreational activities in fall compliance with all Environmental
Laws and all terms, conditions and requirements of any and all permits, licenses,
consents, approvals, and authorizations of any federal, state, or local regulatory agencies
or authorities.
The foregoing provisions, as contained herein and in the corresponding
documents, shall survive the termination of this Interlocal Agreement and of the
documents in which they are contained.
ARTICLE 17
MISCELLANEOUS
Section 17.1 Section Captions.
The captions appearing in this Interlocal Agreement are for convenience only and
shall in no way define, amplify, limit or describe the scope or intent of this Interlocal
Agreement or any part thereof
Section 17.2 Other Documents.
The School Board shall take all such actions and execute all such documents,
which may be reasonably necessary to carry out the purposes of this Interlocal
Agreement, whether or not specifically provided for in this Interlocal Agreement.
Section 17.3 Counterparts.
This Interlocal Agreement may be executed and delivered in two counterparts,
each of which shall be deemed to be an original and both of which, taken together, shall
be deemed to be one Interlocal Agreement.
Section 174 Entire Interlocal Agreement.
This Interlocal Agreement, and the attached Exhibits to this Interlocal Agreement,
contain the sole and entire Interlocal Agreement entered into by the Parties with respect
25
to their subject matter, and supersede any and all other prior written or. oral agreements
between them with respect to such subject matter.
Section 17,5 Severability and Savings Clause.
If any term or provision of this Interlocal Agreement or the application thereof to I
any person or circumstance shall, to any extent, be invalid or unenforceable, the
remainder of this Interlocal Agreement or the application of such term or provision to the
persons or circumstance other than those as to which it is held invalid or unenforceable,
shall not be affected thereby, and each term and provision of this Interlocal Agreement
shall be valid and be enforced to the fi llest extent permitted by law. j
Section 17_6 Approvals and Consents.
Wherever in this Interlocal Agreement the approval or consent of any of the
Parties is required, it is understood and agreed that such approval or consent will not be
unreasonably withheld or delayed, unless the context specifically indicates otherwise
Wherever in this Interlocal Agreement the approval or consent of the City is required, the
written approval or consent of the matter in question by the City Manager shall satisfy the
requirements for approval or consent of the City for all purposes. Wherever in this
Interlocal Agreement the approval or consent of the School Board is required, the written
approval or consent of the matter in question by the Superintendent of Schools, or his
designee for those issues dealing with the design and construction of the Improvements,
shall satisfy the requirements for approval or consent of the School Board for all
purposes.
Section 17.7 Governin Laws.
aws.
All Applicable Laws of the State of Florida shall govern this Interlocal
Agreement. This Interlocal Agreement is subject to and shall be interpreted to effectuate
its compliance with the Charter and Code of the City.
26
Section 17.8 Amendments.
No amendment may be made to this Interlocal Agreement unless authorized by
the City Manager and the School Board, and executed employing the same formalities as
here used in its execution. The City Manager may approve and execute non -substantive
amendments as necessary, with review and approval by the City Attorney. However, the
City Manager and Superintendent of Schools may refer a requested amendment to the
City Commission and School Board, as is warranted.
Section 17.9 Waiver of J= Trial.
The Parties hereby knowingly, irrevocable, voluntarily and intentionally waive
any right either may have to a trial by jury in respect of any action, proceeding or
counterclaim based on this Interlocal Agreement, or arising out of, under or in connection
with this interlocal Agreement or any amendment or modification of this Interlocal
Agreement, or any other agreement executed by and between the Parties in connection
with this Interlocal Agreement, or any course of conduct, course of dealing, statements
(whether verbal or written) or actions of any party hereto. This waiver of jury trial
provision is a material inducement for the City and School Board entering into the subject
transaction.
Section 17,10 Quiet En
If each of the Parties pay their respective rents and other amounts due under this
Interlocal Agreement and observes and ,performs all the terms, covenants and conditions
hereof, the Parties shall peaceably and quietly hold and enjoy the Park for the Interlocal
Agreement term, without interruption by the either of the Parties, subject to the, terms and
conditions of this Interlocal Agreement.
Section 17.11 Surrender of Possession.
Upon the expiration or earlier termination of the Interlocal Agreement pursuant to
the provisions hereof, the Parties shall deliver to the City possession of the Park in good
repair and condition, reasonable wear and tear excepted. Upon the expiration or earlier
27
termination of the Interlocal Agreement, the contents of the ParIc procured by the School
Board and not a fixture, shall remain the property of the School Board.
Section 17.12 Attorney's Fees.
In the event that legal action is taken by either party to enforce any of the
provisions of this Interlocal Agreement, 'each party shall be responsible for its own
expenses, including attorney's fees in connection with any such action.
Section 17.13 Successors and Assigns.
Except to the extent limited elsewhere in this Interlocal Agreement, all of the
covenants, conditions and obligations contained in this interlocal Agreement shall be
binding upon and inure to the benefit of the respective successors and assigns of the City
and the School Board.
Section 17.14 School Board Personnel.
The School Board shall be required to furnish during its operating hours necessary
personnel experienced in the operation and control of the type of operations to be
performed hereunder, delegated with sufficient authority and responsibility to .insure
proper use and operation of the Park in compliance with this Interlocal Agreement.
The School Board shall require the designated personnel to remain on site and in
charge only during those hours that the Park is actually occupied and used. for
recreational or educational programs associated with the K-8 Center. The School Board
shall employ, train, pay, supervise, and discharge all employees necessary for the
operation of its programs. All such persons shall be the employees of the School Board
and every person performing services in connection with this Interlocal Agreement
including a subcontractor or employee of School Board, or any agent or employee of the
School Board hired by the School Board, shall be acting solely on behalf of the School
Board. The City shall not be liable for their compensation or for the consequences of any
act or omission on the part of any of them.
28
Section 17,15 Protection From Personal Liability.
No obligation or liability of any kind or nature whatsoever incurred.by or asserted
against 'the Parties in connection with this InterIocal Agreement, of arising oiit of the
Parties' actions in connection therewith, shall in any manner whatsoever be a personal
obligation or liability of any member of the Parties or'any elected or appointed official of
the Parties.
Section 17.16 Special Events.
The City shall have the sole responsibility for issuing permits, including
collection of any fees and provision of adequate liability insurance (the ' Park Permit"), to
utilize the Park for special events. Any inquiries to the School Board for a special event
shall be referred to the Parks Director. In the event the City issues a Park Permit, the City
shall have the sole responsibility to cause the Park to be' cleaned and any damages
repaired as a result of issuing said Park Permit. If the special event is at night, the City
shall have the additional responsibility to ensure the Park is secure at the end of the
special event, and made usable to the School Board prior to its next period of use. For
purposes of this Interlocal Agreement, special events shall mean activities, including
ticketed events in the Park, which substantially exceed the scope of the regular program
activities, which are conducted in the Park. The School Board shall not be exempt from
obtaining a Park Permit for any special event. The School Board shall not be required to
pay the permit fee associated with any Park Permit but shall be required to pay any and
all costs associated with the special event including, but not limited to; the provision of
additional insurance, off-duty police, fire -rescue services or additional cleanup services.
The School Board shall not receive preference to. the scheduling of special events. For
the purpose of facilitating the planning of special events, the School Board may submit a
list of all planned special events for a one-year period to the Parks Director, thereby
requesting the advance issuance of Park Permit(s) for the respective special events.
Section 17.17 No Lease.
The Parties agree this is merely an Interlocal Agreement and is not, nor shall it be
461
construed to be, a lease of City property by the School Board nor does it convey any type
of leasehold interest to the School Board.. The parties do not have a landlord/tenant
relationship and all landlord/tenant rights and remedies are not applicable to this
Interlocal Agreement.
Section 17.18 No Discrimination.
The City and School Board agree that they shall not unlawfully discriminate in
the performance of this Interlocal Agreement.
Section 17.19 Joint Defense.
In the event that the validity of this Interlocal Agreement is challenged by a third
party or Parties unrelated to the Parties through legal proceedings or otherwise, the
Parties hereto agree to cooperate with each other in defense of this Interlocal Agreement,
with each such Party to bear its own attorney's fees and costs associated with such
defense.
IN WITNESS WHEREOF, the Parties have executed this Interlocal Agreement
at Miami, Florida on the day and year first above written.
THIS SECTION INTENTIONALLY LEFT BLANK
30
ATTEST:
M
Priscilla A. Thompson
City Cleric
CITY OF MIANII, a municipal
corporation of the State of Florida
�0
APPROVED AS TO INSURANCE REQUIREMENTS
In
LeeAnn Brehm; Director
Risk Management Department
APPROVED AS TO LEGAL FORM
AND CORRECTNESS
Julie O. Bra
City Attorney
31
Pedro G. Hernandez
City Manager
WITNESSES:
By: By:
(Signature)
By:
(Print Name)
(Print Name)
THE SCHOOL BOARD OF AIL4AH-
DADE COUNTY, FLORIDA, apolitical
subdivision of the State of Florida.
(Signature)
(Print Name)
Superintendent of Schools
(Title)
(Signature)
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
By:
32
Print Name
Board Attorney
EXHIBIT Al
LEGAL DESCRIPTION
JORGE MAS CANOSA PARK AKA RIVERSIDE PARK
Lots 1 to 20, Block 23 South, A.L. Knowlton Subdivision, as recorded in Plat Book B at
Page 41 of the Public Records of Miami -Dade County Florida.
Less the following described parcel of .land.
Portions of Lots 18,19 and 20, Block 23 South of A. L. Knowlton Subdivision as recorded
in Plat Book `B" at Page 41 of the Public Records of Miami -Dade County Florida. Being
more particularly described as follows.
Begin at the southeast corner of said Lot 20, thence N 00 ° 03' 06" E along the east line of
said Lot 20 for 75.66 Feet, thence N 89 ° 59' 48" W for 140.25 feet, thence S 00 ° 03' 06" W
for 75.66 feet to a point on the south line of said Lot 18, thence S 89 ° 59, 48" E along the,
south line of said Lots 18, 19 and 20' for 140.25 feet to the point of beginning. Containing
3.19 acres, more or less.
33
m
EXHIBIT A 2
SURVJEY
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I
►AAP OF 91011,DE CO. FLA.
PLAT BOOK 'B, PACE 41
ADA MERRir JUNIOR HIGH SCHOOL
' @: @smn �63 i•0
4aj ;up
III
��^ R� {�N• �8 �E Q � g6� aR� � I� �I� a Kk RE'ti��Rq�Bay� � � Td n �p]i �' '
GGGgot R5UPI
p 4�u
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R
tPSIDhNlR SoRvsnNG AND MAPPING PA EUVNDAi1 a< ]il[TTaU 70PDORAPHIC 6UNYSY "r � _
-W. - rn. - '. .s aADE a0VN9Y 1PDBI]C BCHODL
q �fb 10418 N.V. OW 7orrex • • ADA MERRrf. / RIPER810D PARK'
,t%f��\ Mmd, F1.0de 84118 700 8lA Bf 8rd
�- N"y (098) 888-8881 wom, nom --
34
EXHIBIT .B I
SIVE ELAN OF IMPROVEMENTS
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IR
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35 -
EXHIBIT B-2
FINAL PROGRAM -MLA -MI DADE COUNTY PUBLIC SCHOOLS
A. NEW ALUMINUM P.E. SHELTER AND STORAGE, WITH SECURITY LIGHTING AND
DRAINAGE, ON NEW CONCRETE DECK CUT INTO EXISTING CORAL ROCK BLUFF (MDCPS)
B. EXISTING BASKETBALL COURTS TO BE REFURBISHED, INCLUDING RESURFACING AND
RESTRIPING (MDCP5)
C. TWO NEW PREFABRICATED 10' BASKETBALL STANDARDS, BACKBOARDS, HOOPS
AND NETS. (MDCPS)
D_ REPLACE EXISTING WATER FOUNTAIN (MDCPS)
E. REPLACE EXISTING DUMPSTER AND ENCLOSE WITH FENCE (MDCPS)
F_ PROVIDE 5' HIGH NEW PERIMETER (CHAIN LINK) FENCE (from gate junction on
east side of P.E. Shelter & SE corner of basketball courts td the lift station) (MDCPS)
G. REPLACE THE EXISTING CONCRETE WALKWAY WITH NEW, ADA COMP],)ANT WALKWAY
(MDCPS)
H. PROVIDE NEW 4' HIGH CHAIN LINK FENCE WITH BAFFLE GATES (MDCPS)
J. PROVIDE NEW ACCESS GATES 10WIDE - DOUBLE GATES FOR MAINTENANCE VEHICLES
(MDCPS)
K. PROVIDE NEW BAFFLE GATE (MDCPS)
L PROVIDE NEW CONCRETE WALK (MDCPS)
M. PROVIDE ON SITE DRAINAGE SYSTEM (MDCPS)
M. PROVIDE NEW SOIL BORINGS, SITE PHOTOGRAPHS AND SURVEY (MDCPS)
U. NEW FLAMMABLE STORAGE BUILDING REQUESED BY CITY OF MIAMI (MDCPS)
FINAL PROGRAM - CITY OF NIIANII
N. EXISTING BASEBALL DIAMOND AND OUTFIELD SHALL BE USED FOR SCHOOL ACTIVITIES. (CITY OF MIAMI) DONE
P_ PROVIDE NEW OUTDOOR PLAYGROUND EQUIPMENT- PULL UP BARS, BALANCE BEAM,
HORIZONTAL LADDER AND PARALLEL BARS, RUBBERIZED SURFACE (CITY OF MIAMI) DONE
Q REPLACE EXISTING PLAYGROUND EQUIPMENT WITH ADA COMPLIANT EQUIPMENT
AND PROVIDE POURED IN PLACE, RUBBERIZED SURFACE AT THE PLAYGROUND AREA (CITY OF MIAMI) DONE
R. REPAIR EXISTING CONCRETE PLAZA WITH NEW ADA COMPLIANT PLAZA AND WALKWAYS (CITY OF MIAMI) DONE
T. REPAIR EXISTING LOW HEIGHT CORAL ROCK WALL (MDCPS) DONE
FIELD_ (CITYOFMIAMI)
W. EXISTING BASEBALL OUTFIELD TO BE USED BY STUDENTS OF STATE SCHOOL B-1.
(ylpCPS TO NEGOTIATE MAINTENANCE AGREEMENT WITH THE CITY OF MIAMI (CITY OF MIAMI)
DONE
7f. EXISTING LIFT STATION TO REMAIN (CITY OF MIAMI)
DONE
Y,,.ElIS17NG ONE STORY CBS BUILDING OWNED BY CITY OF MIAMI TO REMAIN.
DONE
Z. €XISTING B' HIGH CHAIN LINK FENCE TO REMAIN.
PENDING
Z2. PROVIDE FULL HEIGHTCHAIN LINK FENCE (MATCH EXISTING HEIGHT) (MDCPS)
DONE
Z3. PROVIDE ADA ACCESSIBLE SIDEWALK (MDCPS)
DONE
Additional improvements made:
Dugout
DONE
Restroom Improvements
DONE
i
* SUB)ECTTO NEGOTIATION BY THE CITY MANAGER OR HIS/HER DESIGNEE, THE APPROVAL OF THE CITY ATTORNEY, AND MDCPS.
I. Not Used
O. Not Used
S. Not used
Z1 Not used
EXBIBIT C
INSURANCE AND BOND REQUIREAMNTS
(GENERAL CONTRACTOR)
(RIVERSIDE PARK PROJECT)
I. Commercial General Liability
Limits of Liability
Bodily Injury and Property Damage Liability
Each Occurrence $1,000,000
General Aggregate Limit $ 2,000,000
Products/Completed Operations $ 1,000,000
.Personal and Advertising Injury $1,000,000
Endorsements Required
City of Miami/School Board included as an Additional Insured
Employees included as insured
Independent Contractors Coverage
Contractual Liability
Waiver of Subrogation
Premises/Operations
Explosion, Collapse and Underground Hazard
Loading and Unloading
Mobile Equipment (Contractors Equipment) whether owned, leased,
Borrowed, or rented by the contractor or employees ofthe contractor
II. Business Automobile Liability
Limits of Liability
Bodily Injury and Property Damage Liability
Combined Single Limit
Any Auto
Including Hired, Borrowed or Non -Owned Autos
Any One Accident $1,000,000
Endorsements Required
City of Miami/School Board included as an Additional Insured
III, Worker's Compensation
Limits of Liability
Statutory -State of Florida
Waiver of subrogation
37
IV. Employer's Liability
A. Limits of Liability
$1,000,000 for bodily injury caused by an accident, each accident.
$1,000,000 for bodily injury caused by disease, each employee
$1,000,000 for bodily injury caused by disease, policy limit
V. Umbrella Policy
A. Limits of Liability
Bodily Injury and Property Damage Liability
Each Occurrence $ 3,000,000
Aggregate $ 3,000,000
City of Miami/School Board listed as an additional insured.
VI. Payment and Performance Bond
The City of Miami and School Board as dual obligees on Payment and Performance Bonds
issued for construction work performed.
The above policies shall provide the City of Miami and the School Board with written
notice of cancellation or material change from the insurer no less than (30) days, (10)
days for non-payment, prior to any such cancellation or material change.
Companies authorized to do business in the State of Florida with the following
qualifications, shall issue all insurance policies required above:
The company must be rated no less than "A" as to management and no less than "Class
V" as to its financial strength by the latest edition of Best's Insurance Guide, published
by A.M. Best Conipany, Oldwick, New Jersey or its equivalent. All policies and/or
certificates of insurance are subject to review and verification by Risk Management
prior to insurance approval.
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