HomeMy WebLinkAboutR-09-0277Vop City of Miami
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Resolution: R-09-0277
File Number: 09-00122
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 6/11/2009
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) ATERM OF TWENTY (20) YEARS, COMMENCING ON THE
EFFECTIVE DATE, WITH ATEN (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 CITYATTORNEY, 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
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File Number: 09-00122 Enactment Number: R-09-0277
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}
Footnotes:
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File Number: 09-00122
Enactment Number: R-09-0277
(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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