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2017-189-3294 - Florida Memorial University Request for ExtensionRESOLUTION NO.2017-189-3294 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, GRANTING THE REQUEST FOR AN EXTENSION TO FLORIDA MEMORIAL UNIVERSITY, CONTINGENT UPON RECEIPT OF ADDITIONAL FUNDING BY DECEMBER 13, 2018, OF THE WEST MIAMI GARDENS SPORTS COMPLEX; AUTHORIZING THE CITY MANAGER TO CANCEL THE AGREEMENT WITH FMU AND TO ALLOCATE THE TWO MILLION DOLLARS ($2,000,000.00) ALLOCATED FOR THIS PROJECT TO THE COMPLETION OF OTHER BOND PROJECTS; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, in April 2014, City of Miami Gardens residents approved a Sixty Million Dollar ($60,000,000.00) General Obligation bond referendum for park improvements and crime prevention, including purchasing and installing crime prevention equipment, providing facilities for expanding community activities in parks, and renovating, constructing and purchasing parks facilities and land, and WHEREAS, Florida Memorial University (FMU) and the City of Miami Gardens (CMG) entered into a public-private partnership to develop and construct recreational improvements on a 4.2-acre parcel of land owned by FMU located immediately adjacent to the School campus, and WHEREAS, improvements will include a track and multipurpose field complex consisting of a sports field to host football, soccer and track activities with bleachers, a scoreboard and Musco sports field lighting for evening events, and WHEREAS, on June 22, 2016, the City Council approved a maximum expenditure not to exceed Two Million Dollars ($2,000,000.00) to complete the construction of the West Miami Gardens Sports Complex, and Resolution No 2017-189-3294 WHEREAS, this represents a portion of the amount necessary to complete the Project, and WHEREAS, on November 15, 2016, the City of Miami Gardens and FMU entered into a Grant Agreement, and WHEREAS, according to the Agreement, FMU shall be responsible for obtaining all additional funds, and obtaining the necessary real property to complete the project, and WHEREAS, on June 7, 2016, FMU's President sent a letter to the City, documenting the University's understanding that any cost exceeding the Two Million Dollars ($2,000,000.00) for the construction of the facility will be covered by the University, and WHEREAS, the City understands three (3) bids were recently received from prequalified contractors and all significantly exceeded Two Million Dollars ($2,000,000.00), and WHEREAS, the City further understands FMU is not able to fund the difference needed to complete the facility at this time, and WHEREAS, FMU is asking for an extension, as it will be meeting with the State Legislature and other potential funding sources to request additional funding to complete the project, and WHEREAS, City Staff recommends the City Council grant the extension to Florida Memorial University, contingent upon receipt of additional funding by December 13, 2018, for the development of 4.2 acres to establish the West Miami Gardens Sports Complex, and use the Two Million Dollars ($2,000,000.00) for other Bond projects Resolution No 2017-189-3294 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA AS FOLLOWS; Section 1: ADOPTION OF REPRESENTATIONS: The foregoing Whereas paragraphs are hereby ratified and confirmed as being true, and the same are hereby made a specific part of this Resolution. Section 2: AUTHORIZATION: The City Council of the City of Miami Gardens hereby grants the request for an extension to Florida Memorial University, contingent upon receipt of additional funding by December 13, 2018, for the construction of the West Miami Gardens Sports Complex; and authorizes the City Manager to allocate the Two Million Dollars ($2,000,000.00) allocated for this project to the completion of other Bond projects. Section 3: EFFECTIVE DATE: This Resolution shall take effect immediately upon its final passage. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS AT ITS REGULAR MEETING HELD ON DECEMBER 13, 2017. OLIVER GILBERT, III, MAYOR ATTESjT: ONETTA TAYLOR, »^f^MC,RONETTA TAYLOR, MMC, CITY CLERK PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY SPONSORED BY: CAMERON D. BENSON, CITY MANAGER Moved by:Seconded by: (lnLVVlllmm<Vl OdcynlJhvis Resolution No 2017-189-3294 VOTE: ^-^0 Mayor Oliver Gilbert, III (Yes) (No) Vice Mayor Erhabor Ighodaro, Ph.D. ^ (Yes) (No) Councilwoman Lisa C. Davis (Yes) (No) Councilman Rodney Harris / (Yes) (No) Councilwoman Lillie Q. Odom ^ (Yes) (No) Councilwoman Felicia Robinson t/jYes) (No) Councilman David Williams Jr (Yes) (No Resolution No 2017-189-3294 18605 NW 27th Avenue Miami Gardens, Florida 33056 City of Miami Gardens Agenda Cover Memo Council Meeting Date: December 13, 2017 Item Type: Resolution Ordinance Other X Fiscal Impact: Yes No Ordinance Reading: 1st Reading 2nd Reading X Public Hearing: Yes No Yes No X Funding Source: City of Miami Gardens General Obligation Bond Advertising Requirement: Yes No X Contract/P.O. Required: Yes No RFP/RFQ/Bid #: X Strategic Plan Related: Yes No Strategic Plan Priority Area: Enhance Organizational Bus. & Economic Dev Public Safety Quality of Education Qual. of Life & City Image X Communication Strategic Plan Obj./Strategy: (list the specific objective/strategy this item will address) Qual. Of Life & City Image X Sponsor Name: Cameron D. Benson, City Manager Department: City Manager Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, GRANTING THE REQUEST FOR AN EXTENSION TO FLORIDA MEMORIAL UNIVERSITY, CONTINGENT UPON RECEIPT OF ADDITIONAL FUNDING BY DECEMBER 13, 2018, OF THE WEST MIAMI GARDENS SPORTS COMPLEX; AUTHORIZING THE CITY MANAGER TO CANCEL THE AGREEMENT WITH FMU AND TO ALLOCATE THE TWO MILLION DOLLARS ($2,000,000.00) ALLOCATED FOR THIS PROJECT TO THE COMPLETION OF OTHER BOND PROJECTS; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. Staff Summary: Background: In April 2014, City of Miami Gardens residents approved a $60 million General Obligation bond referendum for park improvements and crime prevention, including purchasing and installing crime prevention equipment, providing facilities for expanding community activities in parks, and renovating, constructing and purchasing parks facilities and land. AGENDA ITEM K-14 FLORIDA MEMORIAL UNIVERSITY’S REQUEST FOR AN EXTENSION REVISED ITEM 18605 NW 27th Avenue Miami Gardens, Florida 33056 On May 28, 2014, Council adopted Ordinance No. 2014-09-320, authorizing the borrowing of sixty million dollars ($60,000,000); authorizing the issuance of City of Miami Gardens General Obligation Bonds to pay costs of, remodeling, reconstructing, constructing, reconfiguring, retrofitting, furnishing and equipping City parks and parks facilities, purchasing crime prevention equipment for law enforcement assistance via electronic means, providing facilities for expanding community activities in parks, and renovating, constructing and purchasing parks facilities and land for new or expanded parks. The City Council initially approved the Bond Implementation Plan (BIP) at the February 25, 2015 Council meeting. The last amendment to the BIP was approved at the December 9, 2015 Council meeting. The BIP outlines various park and public safety improvement projects including the West Miami Gardens Sports Complex. Florida Memorial University (FMU) and the City of Miami Gardens (CMG) entered into a public- private partnership to develop and construct recreational improvements on a 4.2-acre parcel of land owned by FMU located immediately adjacent to the School campus. Improvements will include a track and multipurpose field complex consisting of a sports field to host football, soccer and track activities with bleachers, a scoreboard and Musco sports field lighting for evening events. The development of the parcel would include a paved parking lot and sidewalks with site lighting to the entrance of the complex along with a perimeter fence, security booth, and new landscaping and irrigation system on the site and the paved parking lot. In addition, the site would have public restrooms and an equipment storage building. Improvements will also include the installation of a Video Surveillance System with cameras monitored from the new Real Time Crime Center. The proposed facility was intended to be suitable for hosting a variety of intercollegiate events. On June 22, 2016, the City Council approved a maximum expenditure not to exceed two (2) million dollars ($2,000,000.00) to complete the construction of a regulation sized track and field facility located on Florida Memorial University (FMU) property. This represents a portion of the amount necessary to complete the Project. The viability of the Project was contingent upon FMU obtaining the use of additional real property from the Miami-Dade County School Board necessary to complete the Project. FMU did receive the approval from the Miami-Dade County School Board. A Grant Agreement between the City of Miami Gardens (CMG) and Florida Memorial University (FMU) was entered into on November 15, 2016. According to the agreement, FMU shall be responsible for obtaining all additional funds and obtaining the necessary real property to complete the project. The agreement required FMU to agree and warrant that it has the amount of funding necessary for the completion of the project. Given the role of the City of Miami Gardens in contributions to the Improvements, a Joint Use Agreement made provisions for the City to jointly utilize the Improvements. 18605 NW 27th Avenue Miami Gardens, Florida 33056 Current Situation: The City agreed to contribute up to two million dollars ($2,000,000.00) of General Obligation Bond funds and FMU committed to contributing all funds in excess of two million dollars ($2,000,000.00) required to complete the project as evidenced by an Exhibit to the Agreement. FMU’s President sent a letter to the City, dated June 7, 2016, documenting the University’s understanding that any cost exceeding the two million dollars ($2,000,000.00) for the construction of the facility will be covered by the University. The City understands three (3) bids were recently received from prequalified contractors and all significantly exceeded two million dollars ($2,000,000.00). The City further understands FMU is not able to fund the difference needed to complete the facility at this time. Subsequently, the City received a letter, dated October 9, 2017, from FMU asking for an extension. The City also understands that FMU will be meeting with the State Legislature and other potential funding sources to request additional funding to complete the project. Alternative Currently, there is a need to upgrade the turf field and track at the Betty T. Ferguson Complex because of the heavy usage of the facility. There are a few areas on the track where the surface has heaved. An assessment of the condition of the turf field was completed on June 20, 2017, and there are several improvements needed for the field. There are various inlays loose and need repair. There are sinkholes in the field that need to be repaired. There are possible irrigation leaks and/or breakdown in the drainage system. The field is starting to develop a serious condition of “slip-lock”, which is a breakdown of the turf backing that allows turf fibers to pull from the backing. The field was installed around 2009, thus having a life period of plus or minus 8 years. Therefore, the field in general is nearing its end of life. If additional funding is not secured for the development of 4.2 acres to establish the West Miami Gardens Sports Complex, then the funds could be used for the needed upgrades for the track and artificial turf field at the Betty T. Ferguson Complex. With the improvements at the Betty T. Ferguson Complex, the intercollegiate activities can be held at this facility. Proposed Action: It is recommended the City Council grant the extension to Florida Memorial University contingent upon receipt of additional funding by December 13, 2018 for the development of 4.2 acres to establish the West Miami Gardens Sports Complex and use the two (2) million dollars ($2,000,000.00) for other Bond projects. Attachments Attachments: A- Multi Party Agreement with City Miami Gardens and FMU Item to Miami-Dade County School Board B- Grant Agreement Between City of Miami Gardens and Florida Memorial University C- Letter from Florida Memorial University committing to fund cost overruns D- Bond Implementation Plan (BIP) Narrative RESOLUTION NO.___________ 1 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 MIAMI GARDENS, FLORIDA, GRANTING THE REQUEST FOR 4 AN EXTENSION TO FLORIDA MEMORIAL UNIVERSITY, 5 CONTINGENT UPON RECEIPT OF ADDITIONAL FUNDING BY 6 DECEMBER 13, 2018, OF THE WEST MIAMI GARDENS 7 SPORTS COMPLEX; AUTHORIZING THE CITY MANAGER TO 8 CANCEL THE AGREEMENT WITH FMU AND TO ALLOCATE 9 THE TWO MILLION DOLLARS ($2,000,000.00) ALLOCATED FOR 10 THIS PROJECT TO THE COMPLETION OF OTHER BOND 11 PROJECTS; PROVIDING FOR THE ADOPTION OF 12 REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. 13 14 WHEREAS, in April 2014, City of Miami Gardens residents approved a Sixty 15 Million Dollar ($60,000,000.00) General Obligation bond referendum for park 16 improvements and crime prevention, including purchasing and installing crime 17 prevention equipment, providing facilities for expanding community activities in parks, 18 and renovating, constructing and purchasing parks facilities and land, and 19 WHEREAS, Florida Memorial University (FMU) and the City of Miami Gardens 20 (CMG) entered into a public-private partnership to develop and construct recreational 21 improvements on a 4.2-acre parcel of land owned by FMU located immediately adjacent 22 to the School campus, and 23 WHEREAS, improvements will include a track and multipurpose field complex 24 consisting of a sports field to host football, soccer and track activities with bleachers, a 25 scoreboard and Musco sports field lighting for evening events, and 26 WHEREAS, on June 22, 2016, the City Council approved a maximum 27 expenditure not to exceed Two Million Dollars ($2,000,000.00) to complete the 28 construction of the West Miami Gardens Sports Complex, and 29 WHEREAS, this represents a portion of the amount necessary to complete the 30 Project, and 31 WHEREAS, on November 15, 2016, the City of Miami Gardens and FMU entered 32 into a Grant Agreement, and 33 WHEREAS, according to the Agreement, FMU shall be responsible for obtaining 34 all additional funds, and obtaining the necessary real property to complete the project, 35 and 36 WHEREAS, on June 7, 2016, FMU’s President sent a letter to the City, 37 documenting the University’s understanding that any cost exceeding the Two Million 38 Dollars ($2,000,000.00) for the construction of the facility will be covered by the 39 University, and 40 WHEREAS, the City understands three (3) bids were recently received from 41 prequalified contractors and all significantly exceeded Two Million Dollars 42 ($2,000,000.00), and 43 WHEREAS, the City further understands FMU is not able to fund the difference 44 needed to complete the facility at this time, and 45 WHEREAS, FMU is asking for an extension, as it will be meeting with the State 46 Legislature and other potential funding sources to request additional funding to 47 complete the project, and 48 WHEREAS, City Staff recommends the City Council grant the extension to 49 Florida Memorial University, contingent upon receipt of additional funding by December 50 13, 2018, for the development of 4.2 acres to establish the West Miami Gardens Sports 51 Complex, and use the Two Million Dollars ($2,000,000.00) for other Bond projects 52 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 53 OF MIAMI GARDENS, FLORIDA AS FOLLOWS: 54 Section 1: ADOPTION OF REPRESENTATIONS: The foregoing Whereas 55 paragraphs are hereby ratified and confirmed as being true, and the same are hereby 56 made a specific part of this Resolution. 57 Section 2: AUTHORIZATION: The City Council of the City of Miami Gardens 58 hereby grants the request for an extension to Florida Memorial University, contingent 59 upon receipt of additional funding by December 13, 2018, for the construction of the 60 West Miami Gardens Sports Complex; and authorizes the City Manager to allocate the 61 Two Million Dollars ($2,000,000.00) allocated for this project to the completion of other 62 Bond projects. 63 Section 3: EFFECTIVE DATE: This Resolution shall take effect immediately 64 upon its final passage. 65 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI 66 GARDENS AT ITS REGULAR MEETING HELD ON ____________, 2017. 67 68 ___________________________________ 69 OLIVER GILBERT, III, MAYOR 70 71 72 73 ATTEST: 74 75 __________________________________ 76 RONETTA TAYLOR, MMC, CITY CLERK 77 78 PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY 79 80 SPONSORED BY: CAMERON D. BENSON, CITY MANAGER 81 82 Moved by: __________________ 83 84 VOTE: _________ 85 Mayor Oliver Gilbert , III ____ (Yes) ____ (No) 86 Vice Mayor Erhabor Ighodaro, Ph.D. ____ (Yes) ____ (No) 87 Councilwoman Lisa C. Davis ____ (Yes) ____ (No) 88 Councilman Rodney Harris ____ (Yes) ____ (No) 89 Councilwoman Lillie Q. Odom ____ (Yes) ____ (No) 90 Councilwoman Felicia Robinson ____ (Yes) ____ (No) 91 Councilman David Williams Jr ____ (Yes) ____ (No 92 City of Miami Gardens 18605 NW 27th Avenue Miami Gardens, FL 33056 305-914-9010 Fax 305-622-8001 Page 1 of 11 MIAMI GARDENS GENERAL OBLIGATION BOND BOND IMPLEMENTATION PLAN PROJECTS (REVISED) The following potential Capital Improvement Projects are recommended to be funded by the City of Miami Gardens General Obligation Bond (GOB). All projects are geared toward the City’s Parks and also are inclusive of the Administration’s recommendations regarding public safety improvements. A. J. King Park  Remove wooden lighting poles and replace with steel poles for new Musco sports lighting and control system for the multipurpose field and the baseball field. The replacement will reduce the power consumption by 40% and provide web based controls for the system.  Recondition the existing baseball diamond and replace backstop and dugout fencing. Install outfield fencing/netting.  Reconfigure the existing paved parking lot for easier access from the street and to be ADA compliant to include paved approaches from street.  Remove existing parking lot lighting system and install new lights for improved security and surveillance. The lighting will be controlled by the Musco sports lighting system.  Install a new large pavilion with picnic tables, grills, domestic water and electricity.  Install a perimeter fence to improve security at the park.  Install new landscaping and irrigation system in the park and the paved parking lots.  Install a Video Surveillance System with cameras monitored from the new Real Time Crime Center. Andover Park  Replace existing playground with a new playground with soft rubberized play surface and shade structure.  Resurface the existing basketball court and install new shade structure, backboards and rims.  Replace the perimeter fencing and install temporary parking with pavers in the swale area.  Install new landscaping and irrigation system in the park.  Install a Video Surveillance System with cameras monitored from the new Real Time Crime Center. Bennett Lifter Park  Replace existing playground and swings with new playground with soft rubberized play surface and shade structure. Move the playground closer to the recreation building.  Resurface existing basketball court and install new backboards and rims.  Replace sports lighting for basketball court with new Musco lighting and control system, which will reduce the power consumption by 40% and provide web based control system. City of Miami Gardens 18605 NW 27th Avenue Miami Gardens, FL 33056 305-914-9010 Fax 305-622-8001 Page 2 of 11 Bennett Lifter Park (continued)  Remove the existing tennis courts and replace with a larger pavilion with a grill, electricity and domestic water.  Evaluate the expansion of existing Recreation Building.  Remodel two existing public restrooms in the Recreation Building to be ADA compliant.  Install additional paved parking north of the existing building and adapt existing lot to be ADA compliant.  Repair driveway approaches to site as needed to interface with edge of street pavement.  Install new parking lot lighting which will be controlled by the Musco system.  Add parking with pavers in the swale area along the streets.  Install new landscaping and irrigation system in the park and the paved parking lot.  Surround lift station with lush landscaping to improve park aesthetics.  Install sidewalks to the lake shore and a chain link fence.  Install a fishing dock at the edge of the lake.  Remove the existing small pavilion north of the building.  Renovate the existing pavilion south of the building and add grill, electricity and domestic water.  Install a Video Surveillance System with cameras monitored from the new Real Time Crime Center. Betty T. Ferguson Recreation Center  Convert the north and south overflow parking areas into paved parking lots and include lighting and drainage.  Upgrade the existing football field area to potentially accommodate local high school football and other specialized events.  Upgrade existing parking lot lighting.  Reduce the area designated for the burrowing owl to add to the new north parking lot.  Extend the existing walking trail to the entire perimeter of the site and include lighting and distance marker signage.  Install ventilation fans in pool area.  Evaluate and replace as necessary ventilation systems and air conditioning throughout the facility.  Replace gymnasium flooring; renovate gymnasium and other interior areas.  Install new landscaping and expand irrigation system adjacent to trail extension.  Install a Video Surveillance System with cameras monitored from the new Real Time Crime Center. Brentwood Pool  Replace the exercise equipment at the central exercise station area. Cover central exercise station area with a shade structure.  Install benches and trash receptacles near the basketball courts and the playground.  Resurface the existing parking lot and adapt it to be ADA compliant.  Renovate and resurface tennis courts. City of Miami Gardens 18605 NW 27th Avenue Miami Gardens, FL 33056 305-914-9010 Fax 305-622-8001 Page 3 of 11 Brentwood Pool (continued)  Demolish the existing pool and pool house that is no longer functional. Once completed, install a new pavilion with picnic tables, grill, electricity and domestic water. Add a small water play area adjacent to the pavilion.  Install a perimeter chain link fence to improve security at the park.  Install new landscaping and irrigation system in the park.  Install a Video Surveillance System with cameras monitored from the new Real Time Crime Center. Buccaneer Park  After an analysis to determine the cost effectiveness, the existing Recreation Building will be remodeled or demolished and rebuilt.  Determine the feasibility of relocating/burying electrical cables underground.  Relocate and replace existing playground with new playground with soft rubberized play surface and shade structure.  Extend the existing walking trail. Add distance marker signage along walking trail.  Create a zero-depth splash pad with perimeter benched seating at the location of the paved skating area. Construct a restroom and shower area near the splash pad area.  Install estate fencing and plant shrubs and bushes around splash pad area.  Construct a permanent entrance area near the splash pad.  Install two new pavilions with a grill, electricity and domestic water--one adjacent to the splash pad and the other along the trail.  Resurface two existing basketball courts and install new backboards and rims.  Replace sports lighting for basketball court with new Musco lighting and controls. The replacement will reduce the power consumption by 40% and provide web based controls for the system.  Replace/Install sports lighting for tennis courts with new Musco lighting and controls.  Resurface two existing Tennis Courts and install new netting and signage. Replace existing fencing and windscreen as needed.  Install additional paved parking at the location of the existing parking lot. Remove existing parking lot lighting system and install new lights for improved security and surveillance. The lighting will be controlled by the Musco sports lighting system.  Add temporary parking with pavers in the swale area along the streets.  Install a perimeter chain link fence to improve security at the park.  Install new landscaping and irrigation system in the park and the paved parking lots.  Install a Video Surveillance System with cameras monitored from the new Real Time Crime Center. Bunche Park  Demolish the existing 40 year old recreation building. Build a new Multipurpose Gymnasium to house the City of Miami Gardens Alternative Sports Complex. The building will contain a running track on a second level above a weight room, workout City of Miami Gardens 18605 NW 27th Avenue Miami Gardens, FL 33056 305-914-9010 Fax 305-622-8001 Page 4 of 11 Bunche Park (continued) room and locker rooms. The center will feature boxing, martial arts, dance and gymnastics.  Remove two of the four existing basketball courts to make room for new parking lot.  Resurface two of the existing basketball courts.  Replace existing playground with a new playground with soft rubberized play surface and shade structure.  Replace existing sod sports field with a new artificial turf sports field.  Replace the sports lighting for the football field and the basketball courts with new Musco lighting and control system on the existing concrete poles. The replacement will reduce the power consumption by 40% and provide web based controls for the system.  Install bleachers with permanent shade structures for the football field.  Repair the temporary parking in the swale area along the perimeter streets.  Renovate and add to the existing parking lot and adapt the existing lot to be ADA compliant. Remove existing parking lot lighting system and install new lights for improved security and surveillance. The lighting will be controlled by the Musco sports lighting system.  Replace the broken perimeter fencing on the south side of the park with a 6-foot vinyl covered chain link fence.  Install estate fencing along the north, east, and west perimeter of the park.  Install new landscaping and irrigation system in the park and the paved parking lots.  Install a Video Surveillance System with cameras monitored from the new Real Time Crime Center. Bunche Pool  Demolish and reconstruct the existing pool and pool house that has been unoccupied for 6 years. New pool house will be ADA compliant.  Repair and replace existing pool pumps, piping, filters and equipment.  Renovate and add to the existing parking lot and adapt existing lot to be ADA compliant. Install new lights for improved security and surveillance. The lighting will be controlled by the Musco sports lighting system.  Install new water fountain(s).  Install a perimeter fence around the site.  Extend sidewalk width to be ADA compliant.  Install new landscaping and irrigation system for the paved parking lot.  Install a Video Surveillance System with cameras monitored from the new Real Time Crime Center. City of Miami Gardens 18605 NW 27th Avenue Miami Gardens, FL 33056 305-914-9010 Fax 305-622-8001 Page 5 of 11 Cloverleaf Park  Replace the existing playground with a new playground with soft rubberized play surface and shade structure.  Expand and resurface the existing half basketball court and install new backboards and rims.  Install security lighting and controls for the basketball court.  Determine the feasibility of relocating/burying electrical cables underground.  Renovate the existing building and make it ADA compliant. Assess removing or relocating the east exit door.  Add temporary parking with pavers in the swale area along the street.  Install a perimeter fence to improve security at the park.  Install new landscaping and irrigation system in the park and the paved parking lots.  Install a Video Surveillance System with cameras monitored from the new Real Time Crime Center. Lester Brown Park (Brentwood Park)  Add a second zone for the existing playground with a soft rubberized play surface and shade structure.  Remove the existing natural turf sports field and irrigation system underneath.  Install an artificial turf sports field. Reuse the existing Musco lighting system.  Install a scoreboard.  Install bleachers with permanent shade structures on both sides of the field.  Re-sod the existing practice field.  Expand the existing parking lot to the south and adapt the existing lot to be ADA compliant. Remove existing parking lot lighting system and install new lights for improved security and surveillance. The lighting will be controlled by the Musco sports lighting system.  Expand existing walking trail with lighting around the perimeter of the park. Add distance marker signage along walking trail.  Install exercise station with shade structure area funded by CMG and Miami Dolphins.  Install estate fencing at the entrance to the park and install new 6-foot vinyl covered chain link fence around the remaining perimeter.  Install new landscaping and irrigation system in the park and the paved parking lot.  Install a Video Surveillance System with cameras monitored from the new Real Time Crime Center. Miami Carol City Park  Renovate restroom building.  Resurface the four existing basketball courts and install new backboards and rims. Install a shade structure.  Remove sod from the existing game football field on the south of the park and install an artificial turf sports field. City of Miami Gardens 18605 NW 27th Avenue Miami Gardens, FL 33056 305-914-9010 Fax 305-622-8001 Page 6 of 11 Miami Carol City Park (continued)  Extend the existing Musco sports lighting system to light the practice football field.  Install a scoreboard.  Recondition baseball field and replace backstop and dugout fencing.  Install lighting and distance marker signage along the existing walking trail.  Install bleachers with permanent shade structure for the football field.  Replace the existing wood pavilion with a new pavilion with picnic tables, grills, domestic water and electricity.  Install a new large pavilion with picnic tables, grills, domestic water and electricity.  Add temporary parking with pavers in the swale area along 187th Street.  Install additional paved parking north of the recreation building and adapt the existing lot to be ADA compliant. Remove existing parking lot lighting system and install new lights for improved security and surveillance. The lighting will be controlled by the Musco sports lighting system.  Install a perimeter chain link fence to improve security at the park. Install estate fencing at the entrance to the park.  Replace the existing irrigation system for the entire park.  Install a Video Surveillance System with cameras monitored from the new Real Time Crime Center. Myrtle Grove Park  Renovate the existing recreation building.  Demolish the existing pool, pool house and all of the pool equipment. Sod the area.  Evaluate rebuilding pool based on the physical condition of the existing pool, pool house and all of the pool equipment.  Replace the playground with a new playground with soft rubberized play surface and shade structure.  Replace two existing tennis courts with two new basketball courts.  Demolish existing basketball courts.  Install additional paved parking to the existing lot and adapt the lot to be ADA compliant. Remove existing parking lot lighting system and install new lights for improved security and surveillance. The lighting will be controlled by the Musco sports lighting system.  Pending relocation of the existing Parks and Recreation maintenance facility, construct a state-of-the-art gymnasium/field house to host Amateur Athletic Union (AAU) basketball events and other high-profile indoor athletic events.  Install a perimeter fence to improve security at the park.  Install new landscaping and irrigation system in the park and the paved parking lots.  Install a Video Surveillance System with cameras monitored from the new Real Time Crime Center. City of Miami Gardens 18605 NW 27th Avenue Miami Gardens, FL 33056 305-914-9010 Fax 305-622-8001 Page 7 of 11 North Dade Optimist Park  Install a scoreboard for the newly completed football field.  Install bleachers on the north side of the football field and add permanent shade structure.  Remove existing baseball backstop, benches, and dugout fencing. Sod the area and extend the irrigation system.  Extend chain link fence to areas where backstop/dugout fencing was removed.  Install a Video Surveillance System with cameras monitored from the new Real Time Crime Center. Norwood Park  Replace the playground with a new playground with soft rubberized play surface and shade structure.  Demolish the existing 40 year old recreation building. Construct a new larger Recreation Building to support the afterschool and summer camp programs.  Install a perimeter fence to improve security at the park.  Install new landscaping and irrigation system in the park.  Resurface and reconfigure the existing parking lot that is shared with Norwood Pool. The new configuration shall be ADA compliant. Remove existing parking lot lighting system and install new lights for improved security and surveillance. The lighting will be controlled by the Musco sports lighting system.  Install a Video Surveillance System with cameras monitored from the new Real Time Crime Center. Norwood Pool  Inspect and report on the existing poolhouse, pool and pool equipment to determine extent of renovation and replacement.  Sand-blast and paint the existing pool. Re-tile the existing pool perimeter. Resurface the existing concrete pad around the pool.  Repair and replace existing pool pumps, piping, filters and equipment as recommended by Inspection Report above.  Renovate the existing Poolhouse and make it ADA compliant. Risco Park  Design and construct a new building for the City’s Science, Technology, Engineering and Math (STEM) Center. The STEM Center will include Science Labs, Computer Labs, and other equipment to promote the development of youth through science and technology innovations. City of Miami Gardens 18605 NW 27th Avenue Miami Gardens, FL 33056 305-914-9010 Fax 305-622-8001 Page 8 of 11 Risco Park (continued)  Design and construct a connecting building for the Audio Visual and Performing Arts Center. The Center will have music production and recording studios, television studios, and a presentation room.  Construct a parking lot that is ADA compliant.  Remove and/or reposition existing lighting poles.  Install a new lighting system for the parking lot for improved security and surveillance. The lighting will be controlled by the Musco sports lighting system.  Install perimeter fencing around the site.  Install new landscaping and irrigation system in the park and the paved parking lots.  Install a Video Surveillance System with cameras monitored from the new Real Time Crime Center. Rolling Oaks Park The recently completed Rolling Oaks Pedestrian Trail offers a ¾ mile loop of newly paved pathways ideal for walking, jogging and biking and features exercise stations, lighting and benches along the way. The additional work will consist of the following:  Install a new entrance on NW 183rd Street and NW 14th Avenue with an estate fence and gate on the east and west side of the entrance. Install estate fencing around the perimeter of the park.  Install new permanent parking lot on the south side of the park near the main entrance and add additional spaces in the existing permanent parking lot on north side of the park.  Develop multipurpose sports field with artificial turf.  Install bleachers with permanent shade structures.  Install a scoreboard.  Install Musco sports lighting system to light the multipurpose field.  Construct a new recreation building and remove the trailer being used as a temporary recreation building.  Install several new pavilions of varied sizes with picnic tables, grills, domestic water and electricity along the walking trail.  Expand the existing walking trail with additional distance marker signage.  Purchase and install picnic tables and grills throughout the park.  Replace existing playground and swings and install two (2) new playgrounds with a soft rubberized play surface and shade structure (one on the north and south side of the park).  Install other family park amenities as acreage allows.  Repair and recoat four existing basketball courts.  Remodel existing public restrooms to be ADA compliant.  Install new landscaping and irrigation system in the park and paved parking lots.  Install a Video Surveillance System with cameras monitored from the new Real Time Crime Center. City of Miami Gardens 18605 NW 27th Avenue Miami Gardens, FL 33056 305-914-9010 Fax 305-622-8001 Page 9 of 11 Scott Park  Expand existing recreation building.  Demolish existing Teen building.  Replace the playground with a new playground with soft rubberized play surface and shade structure.  Resurface two existing basketball courts and install new backboards and rims.  Remove the existing wood rail fencing around the perimeter of the park and install a 6- foot vinyl covered chain link fence.  Renovate the existing multipurpose field with new sod.  Recondition the existing baseball diamond and replace backstop and dugout fencing. Install outfield fencing/netting.  Replace the existing irrigation system for the entire park.  Replace the sports lighting for the multipurpose field, baseball field and basketball courts with new Musco lighting and control system. The replacement will reduce the power consumption by 40% and provide web based controls for the system.  Add temporary parking with pavers in the swale area along three of the perimeter streets, (176th Street, 15th Court & 179th Street).  Resurface parking lot.  Expand sidewalk around perimeter of the site.  Install a Video Surveillance System with cameras monitored from the new Real Time Crime Center. Senior Family Center  Demolish the existing 40 year old one story building.  Design and construct a new building to be used as the City’s Senior Family Center. The Center will include meeting rooms, a dining room and kitchen, classrooms, workout rooms, dance studio, locker rooms, indoor track and a pool.  Construct a walking trail with distance marker signage.  Install estate fencing along the perimeter to improve security at the site.  Replace the existing parking lot with a larger parking lot that is ADA compliant. Install a new lighting system for the lot.  Install new landscaping and irrigation system on the site and the paved parking lot.  Develop a botanical garden.  Install a Video Surveillance System with cameras monitored from the new Real Time Crime Center. St. Thomas University Sports Complex  Development of an outdoor tennis center and ball fields in partnership with St. Thomas University. City of Miami Gardens 18605 NW 27th Avenue Miami Gardens, FL 33056 305-914-9010 Fax 305-622-8001 Page 10 of 11 West Miami Gardens/Florida Memorial University Sports Complex  Development of 4.2 acres adjacent to the Miami Dade Public Schools Jan Mann Education Center to include a soft surfaced track and multipurpose field. The sports field will host football, soccer and track activities with bleachers, a scoreboard and a Musco sports lighting system for evening events.  Install a paved parking lot and sidewalks with site lighting.  Install a perimeter fence with a security booth at the entrance into the site.  Construct a Public Restroom and equipment storage building with water fountains.  Install new landscaping and irrigation system on the site and the paved parking lot.  Install a Video Surveillance System with cameras monitored from the new Real Time Crime Center. Culinary Arts and Hospitality Institute  Design and construct a new building behind City Hall to house Culinary Arts and Hospitality Institute featuring a multipurpose banquet facility. Mobile Stage/Show-mobiles  A large and medium size mobile staging system is ideal for outdoor events, performances and speaking engagements. Sound and lighting equipment will complement each show-mobile. The Show-mobiles shall be wheelchair accessible. Automatic License Plate Recognition Systems (ALPRS)  These systems come in mobile configurations, and are installed in marked or unmarked police vehicles as portable or fixed systems. These systems can alert officers on patrol, as well as the communications center, of individuals who are traveling through the municipality in vehicles that are either stolen and can be used to facilitate the tracking of individuals who may have recently committed crimes. In addition to this function, the system’s back office application can be used to store and search vehicle license plate information for investigative purposes. Deployment Locations for Fixed ALPRS:  ALPRS at 215th Street & 2nd Ave.  ALPRS at 199th Street & 2nd Ave.  ALPRS at 183rd Street & 2nd Ave.  ALPRS at 175th Street & 2nd Ave.  ALPRS at 151st Street & 22nd Ave.  ALPRS at 183rd Street & 37th Ave.  ALPRS at 183rd Street & 47th Ave.  ALPRS at 215th Street & 27th Ave.  ALPRS at 199th Street & 27th Ave.  ALPRS at 183rd Street & 27th Ave.  ALPRS at 151st Street & 27th Ave.  Two Additional Mobile ALPRS systems (2 additional vehicles) to augment the MGPD’s single ALPRS City of Miami Gardens 18605 NW 27th Avenue Miami Gardens, FL 33056 305-914-9010 Fax 305-622-8001 Page 11 of 11 Mobile Command Center Technological Upgrade  The existing Mobile Command Center is an important tool for on scene command and control at crime scenes and at natural and man-made disaster situations. The current vehicle has inadequate technology and communications equipment, and is in need of technological upgrades and retrofit, to be able to fully function as a standalone command and communications center. Real Time Crime Center  Real Time Crime Centers (RTCC) are a centralized technology center that gives field officers and detectives instant information to help identify patterns and stop emerging crime. They also provide relevant information to improve officer situational awareness, and actionable intelligence to make the City of Miami Gardens safer. Though tech tools such as Video Surveillance Cameras and ALPRS, etc. are valuable; without a RTCC to bring together the terabytes of data that are produced by the technology components, their effectiveness is diminished. ShotSpotter  The ShotSpotter gunshot recognition system is used to identify incidents within a 4.5 miles coverage area in the City. Some of the gunfire identified with ShotSpotter would go unreported without the system. Through strategic analysis, tactical responses, and deployment of dedicated personnel, the incidents of gun violence and gunfire are reduced as a result of the implementation of this technology. The lease/purchase of the ShotSpotter system will promote a high level of public safety. Nothing contained herein shall prevent the City from making deviations to this Plan based upon available resources, changes in circumstances, or the identification of additional revenues. Page 1 of 8 Office of Superintendent of Schools December 17, 2014 Board Meeting of January 14, 2015 Office of School Facilities Jaime G. Torrens, Chief Facilities Officer SUBJECT: THAT THE SCHOOL BOARD OF MIAMI-DADE COUNTY, FLORIDA, AUTHORIZE THE SUPERINTENDENT TO: 1) FINALIZE NEGOTIATIONS AND EXECUTE AN AMENDED AND RESTATED AGREEMENT BY AND BETWEEN THE SCHOOL BOARD AND FLORIDA MEMORIAL UNIVERSITY (“FMU”), FOR THE JOINT DEVELOPMENT AND USE OF A PORTION OF THE JAN MANN OPPORTUNITY SCHOOL CAMPUS, LOCATED AT 16101 NW 44 COURT, MIAMI, FLORIDA 33054, AND ADJACENT LAND OWNED BY FMU, TO CONSTRUCT AND OPERATE RECREATIONAL FACILITIES FOR THE JOINT USE OF THE DISTRICT AND FMU; AND 2) FINALIZE NEGOTIATIONS AND EXECUTE A JOINT USE AGREEMENT BY AND BETWEEN THE BOARD AND FMU, FOR THE JOINT USE OF RECREATIONAL FACILITIES, WITH PROVISIONS FOR FMU TO ALLOW THE CITY OF MIAMI GARDENS TO JOINTLY USE THE RECREATIONAL FACILITIES; AND 3) GRANT OR DENY ALL APPROVALS REQUIRED UNDER THE AMENDED AND RESTATED LEASE AND JOINT USE AGREEMENTS, INCLUDING RENEWING, EXTENDING, ASSIGNING, CANCELLING OR TERMINATING THE AGREEMENTS; AND 4) FINALIZE NEGOTIATIONS AND EXECUTE ANY OTHER DOCUMENTS OR AGREEMENTS NECESSARY TO EFFECTUATE THE ABOVE TRANSACTIONS COMMITTEE: FACILITIES AND CONSTRUCTION REFORM LINK TO STRATEGIC FRAMEWORK: FINANCIAL EFFICIENCY/STABILITY F-4 Page 2 of 8 Background Information Since 1997, the School Board (“Board”) and Florida Memorial University (“FMU”) have jointly utilized a baseball field and recreational area (collectively, the “Baseball Field”), located across portions of the FMU and Jan Mann Opportunity School (“School”) campuses, pursuant to a lease agreement between the parties (“Existing Lease”). FMU designed and constructed the Baseball Field and the Board contributed $138,000 towards construction. The term of the Existing Agreement expires in 2017. FMU and the City of Miami Gardens (“City”) recently entered into a public-private partnership to develop and construct recreational improvements for the benefit of FMU and the community. In this regard, FMU and the City are desirous of developing a 4.2-acre parcel of land owned by FMU (“FMU Parcel”), located immediately adjacent to the School campus (see Location Map). Improvements are anticipated to include a new football/soccer field and track and field facilities (the “Improvements”). FMU has approached the District to advise that the 4.2-acre FMU Parcel is insufficient in size to complete the proposed Improvements, and is seeking a collaboration with the Board to expand the available area through the use of a one-acre portion of the adjacent School campus (“Board Parcel”). To offset the loss of existing School parking/bus drop-off facilities, FMU is offering to make comparable improvements elsewhere on the School campus, at no expense to the Board. District and FMU staff are proposing that continued joint use of the Baseball Field, and the construction and joint use of the proposed Improvements be accomplished through the implementation of an Amended and Restated Lease Agreement as well as a Joint Use Agreement between the Board and FMU (the “Parties”). Given the role of the City in funding the Improvements, it is anticipated that the proposed Joint Use Agreement will make provisions for the City to jointly utilize the Improvements, under terms agreeable to the Parties. The Existing Lease between the Board and FMU will terminate effective with the commencement of the Amended and Restated Lease Agreement. Amended and Restated Lease Agreement: Terms and conditions of the proposed Amended and Restated Lease Agreement, covering the Baseball Field, FMU Parcel and Board Parcel shall include, substantially, the following:  an initial 40-year term, with two additional 10-year extensions, at the mutual agreement of the Parties;  the Existing Lease between the Board and FMU shall terminate effective with the commencement of the Amended and Restated Lease Agreement;  FMU shall develop and construct recreational improvements on the combined FMU Parcel and Board Parcel (collectively referred to as the “Joint Use Parcel”), at no cost to the Board, for the joint use and benefit of the Board and FMU;  the Board and FMU shall enter into a Joint Use Agreement to make the Baseball Field, Joint Use Parcel and the Improvements available for the joint use of the Parties, under a schedule and terms as more specifically outlined below, with Page 3 of 8 provisions for FMU to allow the City to use the Baseball Field, Board Parcel and Improvements during FMU’s period of use, under terms agreeable to the Parties;  the Board shall retain fee simple ownership of the Board Parcel and the Board- owned portion of the Baseball Field at all times;  FMU shall accept the Baseball Field and Board Parcel in its “as is, where is” condition as of the commencement date of the Amended and Restated Lease Agreement, with no representations or warranties by the Board as to the physical condition or usability of the parcels for any specific use or purpose;  the Improvements to be constructed on the Joint Use Parcel shall include, without limitation, a football/soccer field and track and field facilities. Any substantive change to the proposed use of the Joint Use Parcel or proposed Improvements shall be approved by the Parties;  FMU shall construct a replacement parking lot and bus drop-off area elsewhere on the School campus, as determined by the Board, to offset the loss of such facilities on the Board Parcel, all at no expense to the Board;  the District’s Building Department shall review and approve construction documents, issue any required construction permits and provide final acceptance for any improvements constructed on the Board Parcel or elsewhere on the School site. All work shall be performed in compliance with all applicable laws, rules and regulations, including, without limitation, the Florida Building Code, the Americans with Disabilities Act, the Jessica Lunsford Act, the State Requirements for Educational Facilities, and the Miami-Dade County Public Schools criteria and standards, as the same may be amended from time to time;  FMU shall have use, from time to time, of the adjacent North Transportation Center staff parking lot (“North Transportation Lot”) when not otherwise in use by the District, for overflow parking purposes. Any costs related to such use (i.e. staff overtime, lighting, fence modifications, security, site cleaning, etc.) shall be borne by FMU;  each Party shall provide evidence of insurance in the types and amounts of coverage as reasonably required by the other Party or, in the alternative, the Parties may provide evidence of self-insurance;  FMU shall hold harmless and indemnify the Board against any all liability, cost or expense of whatsoever kind or nature including, but not by way of limitation, attorneys' fees and court costs arising out of bodily injury to persons including death, or damage to tangible property arising out of or incidental to the performance of the Amended and Restated Lease Agreement by or on behalf of FMU, whether or not due to or caused in part by the negligence or other culpability of the Board, excluding only the sole negligence or culpability of the Board; Page 4 of 8  FMU agrees, at its own expense, and upon written request by the Board, to defend any suit, action or demand brought against the Board on any claim or demand arising out of, resulting from or incidental to performance under the Amended and Restated Lease Agreement;  the Board shall indemnify and hold FMU harmless, subject to the extent of the limitations contained in Florida Statute, from all liability which may arise as a result of the Board’s negligence, actions or failure to act under the terms of the Amended and Restated Lease Agreement;  neither Party shall use, handle, generate, manufacture, produce, store, discharge, treat, remove, transport or dispose of Hazardous Substances at, in, upon, under, to or from the Joint Parcel, Baseball Field or North Transportation Lot;  other than as specified below, neither Party may assign or sublet the Joint Use Parcel, the Baseball Field or any portion thereof to another party, without first securing the consent of the other Party, which consent may be withheld at such Party’s discretion;  FMU shall surrender the Board Parcel and Board-owned portion of the Baseball Field to the Board, at the expiration, termination or cancellation of the Amended and Restated Lease Agreement in a good, clean and functional condition, ordinary wear and tear excepted, including removal of all personal property and other items belonging thereto;  in the event of damage or destruction of all or portions of the Improvements or Baseball Field, FMU may, at its sole option, either cancel the Amended and Restated Lease Agreement, or repair or replace the damaged facilities, at no expense to the Board;  the Amended and Restated Lease Agreement shall be deemed inferior and subordinate to any existing or future financing by the Board of the School campus, Board Parcel, Board-owned portion of the Baseball Field, or any portions thereof;  the Amended and Restated Lease Agreement shall be construed and enforced according to the laws of the State of Florida and the venue for any disputes shall be Miami-Dade County, Florida;  in the event of any litigation between the Parties, each Party shall be responsible for its own attorney’s fees and court costs through trials and appellate levels;  for purposes of the Amended and Restated Lease Agreement, the Superintendent of Schools shall be the party designated by the Board to grant or deny any modifications and approvals required by the Amended and Restated Lease Agreement, including without limitation, renewing, extending, assigning, canceling Page 5 of 8 and/or terminating the Amended or Restated Lease Agreement, amending any of its exhibits, establishing use schedules, modifying the areas or periods of use, and reviewing and approving matters related to any construction by FMU; and  the Amended and Restated Lease Agreement shall contain such additional terms and conditions as mutually agreed to by the Parties. Joint Use Agreement: Terms and conditions of the proposed Joint Use Agreement (“JUA”) shall include, substantially, the following:  the term of the JUA for the Baseball Field shall continue uninterrupted, and shall commence for the Joint Use Parcel upon completion of the Improvements on the Joint Use Parcel, and FMU’s construction of a new parking lot and bus drop-off area on the School campus, and shall thenceforth run concurrent with the term of the Amended and Restated Lease Agreement, as outlined above;  the Parties shall meet on an annual basis, or more often as necessary, to establish a mutually acceptable schedule of use of the Baseball Field., Joint Use Parcel and Improvements. Notwithstanding this provision, the Board shall have use of the Baseball Field, Joint Use Parcel and Improvements during normal school hours to operate educational, recreational and/or sports related programs;  FMU may use existing staff/visitor parking facilities at the School and staff parking facilities at the North Transportation Lot when not otherwise in use by the District, for overflow parking purposes, with any costs related thereto to be borne by FMU;  in addition to the above, the exact areas or periods of use may be modified from time to time throughout the school year by mutual agreement of the Parties, or their authorized representatives;  either Party may request use of the Baseball Field, Joint Use Parcel and Improvements for special events or functions, during the other Party’s period of use. Approval of such requests shall not be unreasonably withheld, provided such use does not conflict with the other Party’s operations or previous obligations;  FMU may contract with the City to use the Baseball Field, Joint Use Parcel and Improvements during FMU’s period of use, for the City’s recreational or educational services and programs. In that event, FMU shall be responsible for all maintenance, clean-up, risk management, supervision and other terms and conditions set forth in the Amended and Restated Lease Agreement and JUA, the same as if the FMU, itself, were utilizing the Baseball Field, Joint Use Parcel or Improvements. FMU shall require the City to provide liability insurance, insuring FMU and the Board, as a pre- condition to its use, and shall provide evidence of same to the Board;  FMU shall be responsible, at its sole cost and expense, for all maintenance, upkeep Page 6 of 8 and repair of the Baseball Field, Joint Use Parcel and all improvements constructed thereon. In addition, FMU shall be responsible, at its sole cost and expense, for providing on-site security, and all custodial and janitorial services for the Baseball Field, Joint Use Parcel and Improvements during its periods of use, including, without limitation, removal of trash and litter pick-up;  FMU shall be responsible for payment of any utilities relating to the use and operation of the Baseball Field, Improvements and Joint Use Parcel. FMU or the City shall install separate services and/or meters in its name and shall pay for such services at its sole cost and expense;  FMU shall be responsible for the payment of any taxes, fees or other assessments, including but not limited to sales tax, imposed on the Baseball Field, Board Parcel and North Transportation Lot due as a result of the occupancy and use of the Baseball Field or Board Parcel by FMU;  neither Party shall use, handle, generate, manufacture, produce, store, discharge, treat, remove, transport or dispose of Hazardous Substances at, in, upon, under, to or from the Baseball Field, Joint Use Parcel and North Transportation Lot;  FMU shall be responsible for payment or fulfillment of any requirement for infrastructure improvements or other regulatory compliance due to the lease, use or occupancy of the Baseball Field, Board Parcel or North Transportation Lot by FMU;  other than as specified above, neither Party may assign or sublet the Baseball Field, Joint Parcel, or any portion thereof to another party, without first securing the consent of the other Party, which consent may be withheld at such Party’s’ discretion;  FMU shall surrender the Board Parcel and the Board-owned portion of the Baseball Field to the Board, at the expiration, termination or cancellation of the JUA in a good, clean and functional condition, ordinary wear and tear excepted, including removal of all personal property and other items belonging thereto;  in the event of damage or destruction of all or portions of the Baseball Field or Improvements, FMU may, at its sole option, either cancel the JUA, or repair or replace the damaged facilities, at no expense to the Board;  the JUA shall be deemed inferior and subordinate to any existing or future financing by the Board of the School campus, Board Parcel, Board-owned portion of the Baseball Field or any portions thereof;  the JUA shall be construed and enforced according to the laws of the State of Florida and the venue for any disputes shall be Miami-Dade County, Florida;  in the event of any litigation between the Parties, each Party shall be responsible for Page 7 of 8 its own attorney’s fees and court costs through trials and appellate levels;  either Party may cancel the JUA with one year advance notice. The Parties agree that the cancellation of the JUA by either Party shall automatically serve to cancel the Amended and Restated Lease Agreement by operation of law, without further action by or notice from either Party;  for purposes of the JUA, the Superintendent of Schools shall be the party designated by the Board to grant or deny any modifications and approvals required by the JUA, including without limitation, renewing, extending, assigning, canceling and/or terminating the JUA, amending any of its exhibits, establishing use schedules, modifying the areas or periods of use, and reviewing and approving matters related to any construction by FMU ; and  the JUA shall contain such additional terms and conditions as mutually agreed to by the Parties. The Amended and Restated Lease Agreement, JUA and any other related documents will be reviewed and approved by the District’s Office of Risk and Benefits Management and by the School Board Attorney’s Office prior to execution. RECOMMENDED: That The School Board of Miami-Dade County, Florida, authorize the Superintendent to: 1. finalize negotiations and execute an Amended and Restated Lease Agreement by and between the School Board and Florida Memorial University (“FMU”), for the joint development and use of a portion of the Jan Mann Opportunity School campus, located at 16101 NW 44 Court, Miami, Florida 33054, and adjacent land owned by FMU, to construct and operate recreational facilities for the joint use of the District and FMU, under, substantially, the terms and conditions noted above; and 2. finalize negotiations and execute a Joint Use Agreement by and between the parties, for the joint use of recreational facilities, with provisions for FMU to allow the City of Miami Gardens to jointly use the recreational facilities, under, substantially, the terms and conditions noted above; and 3. grant or deny all approvals required under the Amended and Restated Lease and Joint Use Agreements, including renewing, extending, assigning, cancelling or terminating the Agreements; and 4. finalize negotiations and execute any other documents or agreements necessary to effectuate the above transactions. Page 8 of 8 Location Map