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Home My Public Portal About2014-04 Approving a second amendment to the ILA with the School Board of Miami-Dade CountyORDINANCE NO. 2014-4 A CAPITAL PROJECT AUTHORIZING ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, APPROVING A SECOND AMENDMENT TO THE INTERLOCAL AGREEMENT WITH THE SCHOOL BOARD OF MIAMI-DADE COUNTY RELATING TO THE TERMS OF PREPAYMENT AND THE BOND TAKEOUT FINANCING FOR THE MAST CAMPUS AND KEY BISCAYNE K-8 CENTER IMPROVEMENTS; PROVIDING FOR AUTHORIZATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Village of Key Biscayne (the "Village") entered into an Interlocal Agreement with the School Board of Miami -Dade County (the "School Board") to establish a funding and cost sharing collaboration to build a grade 6-12 educational facility and recreational fields at the M.A.S.T. Academy Campus (MAST), and to undertake physical improvements at the Key Biscayne K-8 Center (the "Interlocal Agreement"); and WHEREAS, on July 2, 2013, the Village Council approved the first amendment to the Interlocal Agreement, which related to the extension of certain time frames for the completion of construction; and WHEREAS, the School Board and Village desire to modify the terms of the Interlocal Agreement relating to prepayment and the bond takeout financing; and WHEREAS, as such, the Village Council approves the Second Amendment to the Interlocal Agreement with the School Board, attached hereto as Exhibit "A," (the "Second Amended Interlocal Agreement") and authorizes the Village Manager to execute the same; and WHEREAS, the Village Council hereby declares that the approval of the Second Amended Interlocal Agreement is a valid public purpose and finds that adoption of this Ordinance is necessary, appropriate, and advances the public interest. NOW, THEREFORE, IT IS HEREBY ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS': Section 1. Recitals. The preceding "Whereas" clauses are ratified and incorporated as the legislative intent of this Ordinance. Section 2. Second Amended Interlocal Agreement Approved. The Village Council hereby approves the Second Amended Interlocal Agreement with the School Board, in substantially the form attached hereto as Exhibit "A." Section 3. Authorization. The Village Council hereby authorizes the Village Manager to execute the Second Amended Interlocal Agreement, in substantially the form attached hereto as Exhibit "A," subject to approval as to form, content, and legal sufficiency by the Village Attorney. Section 4. Conflicts. All ordinances or parts of ordinances, resolution or parts of resolutions, in conflict herewith, are repealed to the extent of such conflict. Section 5. Effective Date. This Ordinance shall become effective immediately upon adoption on second reading PASSED on first reading this 8th day of April , 2014. PASSED AND ADOPTED on second reading this 22nd ,• a of A .ril H. CAPLAN 1 Coding: underlined words are additions to existing text, struck through words are deletions from existing text, shaded text reflects changes made from First Reading. 2 ATTEST: CONCHITA H. ALVAREZ, MMC, VILLAGE CLE APPROVED AS TO FORM AND LEGAL SUFFICIE / VILLAGE ATTORNEY 3 SECOND AMENDMENT TO INTERLOCAL AGREEMENT BY AND BETWEEN THE VILLAGE OF KEY BISCAYNE, FLORIDA AND THE SCHOOL BOARD OF MIAMI-DADE COUNTY, FLORIDA TO ESTABLISH FUNDING AND COST SHARING COLLOBORATION TO BUILD A GRADE 6-12 EDUCATIONAL FACILITY AND RECREATIONAL FIELDS AT THE MAST ACADEMY CAMPUS THIS SECOND AMENDMENT TO IN L AL AG MEs ("Second Amendment") is made and entered into this day o % , 2014, by and between the VILLAGE OF KEY BISCAYNE, FLORIDA, - Florida municipal corporation, its successors and assigns ("Village" or "Key Biscayne") and THE SCHOOL BOARD OF MIAMI-DADE COUNTY, FLORIDA, a public body corporate and politic existing under the laws of the State of Florida, its successors and assigns ("Board"). The Village and the Board are sometimes referred to herein individually as a "Party" and collectively as the "Parties". WITNESSETH WHEREAS, the Board and Village entered into that certain Interlocal Agreement dated July 16, 2012 (the "Agreement"), to establish funding and cost sharing collaboration to build a grade 6-12 educational facility and recreational fields at the M.A.S.T. Academy Campus ("MAST"), and to undertake physical improvements at the Key Biscayne K-8 Center; and WHEREAS, the Parties entered into that certain First Amendment to the Agreement dated July 2, 2013; and WHEREAS, the Parties are desirous of entering into this Second Amendment to further modify certain terms and conditions of the Agreement. NOW, THEREFORE, for and in consideration of the Sum of Ten Dollars ($10.00) and the conditions and covenants hereinafter contained and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereto agree as follows: 1. The foregoing recitals are true and correct and are incorporated herein by reference. 2. The parties agree that of the $3,750,000 to be prepaid to the Village from the Bond Financing Takeout under Section 5.f.i. and 5.g. of the Agreement, only $2,000,000 will be prepaid upon execution of this agreement. The balance of $1,750,000 will be applied as follows (as SECOND AMENDMENT TO ILA/ VILLAGE OF KEY BISCAYNE/MAST 3.18.14 Page 1 of 2 further detailed on Attachment 1, attached hereto and made a part hereof): a. $1,264,703 will be applied as the amount paid by the Board for the Village share of the additional cost incurred plus additional cost incurred for recreational improvements made to the fields at the request of the Village. b. The balance of $485,297 will be applied to the Village's 50% share of the construction award under Section 5.f.ii. of the Agreement. 3. Except as hereby amended by this Second Amendment, all other terms and conditions of the Agreement shall remain unchanged and in full force and effect. IN WITNESS WHEREOF, the Board and the Village caused this Second Amendment to be executed by their respective and duly authorized officers as of the day and year first hereinabove written. VILLAGE OF KEY BISCAYNE THE SCHOOL BOARD OF MIAMI- DADE COUNTY, FLORIDA By. k,\ Nam- OnnlLj-, Title: r.4S' I By: Date: ,.3/2-0// yc TO THE SCHOOL BOARD: ILLAGE: APPROVED AS TO FORM AND LEGAL OVED AS TO FORM AND LEGAL SUFFICIENCY: SUFFICIENCY A .. - --- Y . ao ' s ( Designee Village Attorney School Board Attorney /2-(3/Lr SECOND AMENDMENT TO ILA/ VILLAGE OF KEY BISCAYNE/MAST 3.18.14 Page 2 of 2 ATTACHMENT 1 Key Biscayne School Projects Funding Plan Between Village of Key Biscayne (KB) & School Board (SB): Funding Amounts Project Type Date (Preliminary) SB VKB. Mast 6-12 Fields * FY 12-13 1,500,000 ; $ z 750,000 $ -'750,0000 Mast 6-12 Design Nov -12 2,000,000 $ 1,000,000 $1,000,000 KB K-8 Renovation Nov -12 2,000,000 $ 2,000,000 Sub-Ttl 5,500,000 $ 3,750,000 $1,750,000 Second Amendment 2.b. Calculation Actual Mast 6-12 Fields- Construction 9/16/2013 1,385,768 692,884 692,884 Mast 6-12 Fields- Soft Costs 9/16/2013 230,518 115,259 115,259 Mast 6-12 Fields-VKB Upgrade 9/16/2013 1,206,560 1,206,560 2,822,846 808,143 2,014,703 Mast 6-12_ • Fields VKB Credit* FY 12-13 (1,500,000) $ (750,000) $ (750,000) Difference 1,322,846 58,143 1,264,703 (1) SB Reimbursed to VKB after GOB Issuance Second Amendment 2. Prepaid Second Amendment 2. a. Applied (1) Second Amendment 2. b. Balance To Be Applied to the VKB 50% Share of Construction Costs $ 3,750,000 $ (2,000,000) $ (1,264,703) $ 485,297 C.\Documents and Settings\189178\Local Settings\Temporary Internet Files\Content.Outlook\CSHRKH7T\Copy of 3-18-14 Second Amendment 2a 2b Calculations (4) (3) 3/18/2014 MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Miami -Dade County, Flonda STATE OF FLORIDA COUNTY OF MIAMI-DADE: Before the undersigned authority personally appeared MARIA MESA, who on oath says that he or she is the LEGAL CLERK , Legal Notices of the Miami Daily Business Review f/k/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami -Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of VILLAGE OF KEY BISCAYNE ORDINANCE - A CAPITAL PROJECT - MEETING 4/22/2014 in the XXXX Court, was published in said newspaper in the issues of 04/10/2014 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Miami -Dade County, Florida and that the said newspaper has heretofore been continuously published in said Miami -Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami in said Miami -Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he or she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of or publication in the said (SEAL) MARIA MESA cribed befor_- me this , A.D. ' 14 rsonally known to me -?s'pj, MERCEDES ZALDIVAR i f3' 5j[��ry� '= MY COMMISSION #FF029736 - . f j 'rE 'aF°' EXPIRES June 20. 2017 (407) 398-0153 FlondallotarySerwce com VILLAGE OF KEY BISCAYNE OFFICE OF THE VILLAGE CLERK PUBLIC NOTICE Notice is_ hereb given that thefoltowingordinance will be consideredon Second Reading by the Village Council of the Village of Key Biscayne at a meeting to -beheld on Tuesday, April 22, 2014 at 7:00 p.m., in the Council Chamber, located at 560 Crandon Boulevard, Key Biscayne, Florida: A CAPITAL PROJECT AUTHORIZING ORDINANCE OF THE VILLAQE: OF__KEYTBISCAYNE, FLORIDA, APPROVING A -_ SECOND_AMENDMENTTf3 THE INTERLOCAL `AGREEMENT WITH. ,TH SCHOOL -BOARQ OF MIAMI-DADE COUNTY RELAtN TTHE-TERMS OF PREPAYMENT AND THE BOND TAKEOUTFINANCING- FOR_ THE MAST CAMPUS= AND KEY - BISCAYNE=K-8 CENTER --IMPROVEMENTS; PROVIDING FOR AUTHORIZATION; AND PROVIDING-_ FOR AN EFFECTIVE =' -- _ — - _ _ - The proposed Ordinance may be inspected by the public at the Office of the Village Clerk. Interested parties may appear at the Public Hearing and belt:ea-id wittr-respec theproposed Ordinance. Any person wishingto add&essthe Village-ouncii.on any item at this Public Hearing is asitdd'ta regsit lewith-ttie Villa a Ctedeprior to that iternbeing hearts. ln. a- ccordance-wifhsbe- AmeFcaas-WItfi_ Disabififies KcLof -1994 all persons= who_are-disabled=and_whci need_speciaL accommodations to- Oarticipace u this proceednnt because of thatdrsability:Shouldcontact_ the-Offite of the Village Clerk; 88=West MrtrifyreStreet-, Suite -226; Key " BiscaynezFlorida-33148_telep>'iooe=number (305) 3.65-5506, not later than _- - _ -_- - Shousd any person desire to appeal any decision of theVillageCouncil ,with respect toany rtiatter_to be considered at this meeting, that person shall iirssure that a verbatim -record of the proceedings is made including alirtestimony_andevidence_upoit which any appeal -may be based (F.S, 288.0105:=- _ _ _ Comments -of any interested party- relative- to this matter may be submitted in writing and or presented in person at the public hearing. Conchita H. Alvarez, MMC - Village Clerk 14-4-181/2265244M 4110-