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Legislation
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Resolution
File Number: 09-00122 Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL
AGREEMENT ("AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, BY
AND BETWEEN THE CITY OF MIAMI AND THE SCHOOL BOARD OF
MIAMI-DADE COUNTY ("SCHOOL BOARD") FOR THE USE OF JORGE MAS
CANOSA PARK (FORMERLY KNOWN AS RIVERSIDE PARK) LOCATED AT 342
SOUTHWEST 7TH AVENUE, MIAMI, FLORIDA, FOR SCHOOL RECREATIONAL
PURPOSES ASSOCIATED WITH ADA MERRITT K-8 CENTER, SUBJECT TO THE
SCHOOL BOARD PAYING FOR CERTAIN CONSTRUCTION IMPROVEMENTS
ESTIMATED AT APPROXIMATELY THREE HUNDRED AND FORTY-TWO
THOUSAND DOLLARS ($342,000), AS WELL AS PAYING FOR CERTAIN
OPERATING COSTS, INCLUDING STAFFING AND EQUIPMENT NECESSARY
FOR THE IMPLEMENTATION OF SUCH PROGRAMS AND FURTHER
PROVIDING FOR THE FOLLOWING: 1) A TERM OF TWENTY (20) YEARS,
COMMENCING ON THE EFFECTIVE DATE, WITH A TEN (10) YEAR EXTENSION
OPTION, CONDITIONAL ON THE PRIOR WRITTEN CONSENT OF THE CITY
MANAGER, WITH REVIEW AND APPROVAL OF THE CITY ATTORNEY, AND
OTHER FULFILLMENT OF CONDITIONS; 2) PAYMENT OF ONE DOLLAR ($1.00)
YEARLY RENT, WITH THE FULL AMOUNT OF THE RENT FOR THE INITIAL
TERM PAYABLE IN ADVANCE AT COMMENCEMENT OF SUCH TERM;
FURTHER AUTHORIZING THE CITY MANAGER, SUBJECT TO REVIEW AND
APPROVAL BY THE CITY ATTORNEY, TO EXECUTE NON -SUBSTANTIVE
AMENDMENTS AND RENEWALS AS NEEDED AND ALL OTHER NECESSARY
---- ---DOCUMENTS-FOR SAID PURPOSE, WITH TERMS AND CONDITIONS MORE- - - -
PARTICULARLY SET FORTH IN THE AGREEMENT; ALLOCATING FUNDS FROM
THE DEPARTMENT OF PARKS AND RECREATION, SUBJECT TO THE
AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT TIME OF NEED.
WHEREAS, the City of Miami (the "City") is owner in fee simple of all that certain land and
improvements located at 342 Southwest 7th Avenue, Miami, Florida, commonly known as Jorge Mas
Canosa Park and previously known as Riverside Park (the "Park"), as indicated in Exhibit "A" attached
hereto; and
WHEREAS, the City and the School Board of Miami -Dade County (the "School Board") have been
negotiating and propose to enter into an Interlocal Agreement (the "Agreement') 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
WHEREAS, the School Board at its April 18, 2006, meeting authorized the Superintendent of
Schools to finalize negotiations and to execute the Agreement for the use of the Park for school
City of Miami Page I of 3 Printed On: 6/1/2009
File Number.' 09-00922
recreational purposes; and
WHEREAS, the City's Department of Parks and Recreation through earlier grants and as required
for ongoing routine operations and maintenance has already been able to complete many of the City's
improvements at the Park and estimates that any remaining City improvements to complete the final
fencing area would cost less than $25,000; and
WHEREAS, the City and the School Board desire and intend to enter into an Agreement for said
purpose;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by
reference and incorporated as if fully set forth in this Section.
Section 2. The City Manager is authorized{1} to execute an Agreement with attachments in
substantially the attached form, by and between the City of Miami and the School Board for the use of
Jorge Mas Canosa Park (formerly known as Riverside Park) located at 342 Southwest 7th Avenue,
Miami, Florida, for school recreational purposes associated with Ada Merritt K-8 Center, subject to the
School Board paying for certain construction improvements estimated at approximately Three Hundred
and Forty -Two Thousand Dollars ($342,000), as well as paying for certain operating costs, including
staffing and equipment necessary for the implementation of such programs and providing for the
following: 1) a term of twenty (20) years, commencing on the effective date, with a ten (10) year
extension option, conditional on the prior written consent of the City Manager, with review and
approval of the City Attorney, and fulfillment of other conditions; 2) payment of one dollar ($1.00)
yearly rent, with the full amount of the rent for the initial term payable in advance at commencement of
such term.
Section 3. The City Manager is authorized{1}, subject to review and approval by the City Attorney,
to execute non -substantive amendments and renewals as needed and all other necessary documents
for said purpose, with terms and conditions more particularly set forth in the Agreement.
Section 4. Funds are allocated from the Department of Parks and Recreation sources of funds
subject to availability of funds and budgetary approval at time of need.
Section 5. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor.{2}
APPROVED AS TO FORM AND CORRECTNESS:
JULIE 0. BRU
CITY ATTORNEY
City of Miami Page 2 of 3 Printed On: 6/1/2009
File Number.• 09-00122
Footnotes:
(1) The herein authorization is further subject to compliance with all requirements that may be
imposed by the City Attorney, including but not limited to those prescribed by applicable City Charter
and Code provisions.
(2) If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar
days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become
effective immediately upon override of the veto by the City Commission.
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