Ramp Road Park

INTERLOCAL AGREEMENT

By And Between The School Board Of Brevard County And City Of Cocoa Beach, Florida Relating To the Lease and Use Of Ramp Road Park This lnterlocal Agreement by and between the School Board of Brevard County (the "Board"), 2700 Judge Fran Jamieson Way, Melbourne, FL 32940, and the City of Cocoa Beach (the "City"), P.O.Box 322430, Cocoa Beach, FL 32932-2430, is for leasing and using Ramp Road Park (the "Park"). This Agreement is entered into pursuant to the provisions of the Florida Interlocal Cooperation Act of 1969, set forth in section 163.01, et seq., Florida Statutes, and is further authorized pursuant to the parties' respective Home Rule powers granted by the Florida Constitution. This lnterlocal Agreement was made on _ _ _ _ _ _ _ day of _ _ _ _ _ _ _ _ _ _ _ _ 2020, RECITALS WHEREAS, the Board holds and controls certain real property, (the Board property), that includes the campus of the Freedom 7 Elementary School of International Studies, located at 400 4th Street S. Cocoa Beach, and Ramp Road Park, which is located 401 Ramp Rd, Cocoa Beach; WHEREAS, the Board property was first used as an elementary school, a Senior Citizens Community Center, and has now reverted to being used as an elementary school; WHEREAS, after the first elementary school was closed in the 1960s, the Board leased the 12 acres property to Freedom 7 Senior Citizen Community Center; WHEREAS, in 1990, with the Board not having an immediate use for property, wished to assist in meeting public recreational needs; WHEREAS, in 1990, Freedom 7 Senior Citizen Community Center had a twenty five (25) year agreement with the Board; WHEREAS, on February 13, 1990, the Board, with the consent of Freedom 7 Senior Citizen Community Center, and under the Use Agreement of property leased to Freedom 7, entered into a twenty-five (25) years use agreement with the City, permitting the utilization of the waterfront portion of the property, to develop a public park, picnic areas, structures, and a boat ramp; WHEREAS, a referenced survey, conducted in 1989, stated that the Park is owned by the Board, except for the ramp and 15 feet along the water, which is owned by the City; WHEREAS, in 1990, the City developed approximately 1.33 acres of waterfront property, the Park, to include a boat ramp, playground, a picnic area, and restrooms;

INTERLOCAL AGREEMENT

By And Between The School Board Of Brevard County And City Of Cocoa Beach, Florida Relating To Use Of Ramp Road Park

WHEREAS, the City's development of the Park was of mutual benefit to the Board and the City by providing public recreation; WHEREAS, the agreement covered the use of the following real property: A portion of Government Lot 2 in Section 15, Township 25 South, Range 37 East, Brevard County Florida, said portion also being portions of those parcels described in Official Records Book 12 at Pages 412 and 413, and Official Records Book 12 at Pages 408 and 409 of the Public Records of Brevard County, Florida, being more particularly described as follows: Commence at the Northwest corner of parcel described in Official Records Book 12 at pages 425 and 426 of the Public Records of Brevard County, Florida, said corner lying on the Southerly right of way line of Fourth street South, a 50.00 foot wide right of way; thence S01 °27'31 "E along the Westerly line of said above described parcel, a distance of 339.03 feet to the Southwest corner of said parcel, said parcel also being the Northwest corner of said parcel described in Official records Book 12 at Pages 412 and 413, and the POINT OF BEGINNING of the parcel of land herein described; thence S27°40'33"E, a distance of 158.34 feet, thence S89°15'32"E, a distance of 110.00 feet; thence S01 °27'31"E, a distance of 295.00 feet to the South line of said parcel described in said Official Records Book 12 at Pages 408 and 409 of said Public Records, thence S89°15'32"W along said South line, a distance of 180.00 feet to the Southwest corner of said parcel; thence N01 °27'31"W along the Westerly line of said parcel described in Official Records Book 12 at Pages 408 and 409 and along the Westerly line of said parcel described in Official Records Book 12 at Pages 412 and 413, Public Records of Brevard County, Florida, a distance of 434.36 feet to the POINT OF BEGINNING. Subject parcel contains 1.33 acres, more or less. (See Exhibit "A".)

WHEREAS, the Board and the City find it desirable to enter into a new lnterlocal Agreement that would supersede all previous Agreements and amendments on this subject; WHEREAS, the City and the Board continue to seek mutual benefit by maintaining and redeveloping existing sports, recreational and park facilities on City and Board property; NOW, THEREFORE, in consideration of the premises, mutual covenants, and other good and valuable considerations, herein contained, the parties, each intending to be legally bound, agree as follows: 1) Recitals. The above recitals are true and correct and are hereby incorporated by reference.

2)

Effective Date, Renewal and Termination. The Agreement shall remain in effect for a period of

twenty five (25) years, amended by mutual Agreement by both parties, unless terminated by either the Board or the City. This Agreement shall become effective on _ _ _ _ _ _ _ __ 2020, and expire on _ _ _ _ _ _ _ _ _, 2045. If it is at the best interest of both parties, within 365 days from expiration, the City and the Board shall commence negotiations for renewal.

Extensions of the Agreement shall be by mutual consent of both parties. The Board and the City C:\Users\mt2889\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\ORAXELKD\Clean - SBBC and City of Cocoa Beach - INTERLOCAL AGREEMENT RAMP ROAD PARK 2019 - Draft.docx

Page 2 of 7

INTERLOCAL AGREEMENT

By And Between The School Board Of Brevard County And City Of Cocoa Beach, Florida Relating To Use Of Ramp Road Park

may terminate this Agreement with or without cause by providing written notice to all other parties within this Agreement. Such termination shall be effective ninety (90) days afer the receipt of the termination notice. The City shall retain ownership of any personal property which the City has placed on the Board's property. Should a notice of termination be implemented by either party, the City shall have ninety (90) days to remove any facility or personal property it intends to keep, and the City shall at the City's expense return the Park to its natural state unless the Board elects, with the consent of the City, to keep any facility improvement or personal property in place.

3)

Notices. All notices must be in writing and sent to the party's address stated above by certified mail, return receipt requested .

4)

Entire Agreement. This Agreement sets forth the entire Agreement between the parties as to the subject matter hereof and supersedes all previous written or oral negotiations, Agreements, bids and/or understanding . There are no understandings, representations, warranties or Agreements with respect to the subject matter hereof unless set forth explicitly in this Agreement.

5)

Dispute Resolution. If substantial violations of the Agreement occur, a written notice to all other parties is required allowing 30 days to correct the violation. If the violation is not resolved, and the dispute under this Agreement continues, the parties shall first attempt to resolve the dispute by mediation under the Florida Governmental Conflict Resolution Act, Florida Statutes, Chapter 164, prior to instituting litigation .

6)

Properties and Facilities Covered by the Agreement. The Agreement covers the Board's property located at 401 Ramp Road, Cocoa Beach . This Agreement shall only apply to existing facilities on the date the Agreement was signed. Usage of new or modified facilities shall be permitted by mutual consent of both the Board and the City.

7)

Use of Board facilities. The City shall use the Park for recreation activities. Recreational activities shall include but not be limited to picnicking, boating, and gardening. The City is allowed to use the Board property for private-public activities including eco-tourism-related activities.

8)

Use Cooperation. The Board and the City consent to using the Park for public recreational and environmental purposes .

9)

Improvements and Maintenance. The Board agrees to collaborate with the City to allow for improvements. The City accepts full responsibility for the operation, control, and maintenance of all current and future structures and facilities, vegetation, land maintenance, cleanliness of the Park, or replacement of any improvements or personal property, which the City may place on the real property described herein . The City shall be responsible for the public using the Park as if the Park were property owned by the City. This includes controlling the acts taken on the property by the public, private users, and invitees including all activities, actions, and events that occur at the Park at all times.

C:\Users\mt2889\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\ORAXELKD\Clean - SBBC and City of Cocoa Beach - INTERLOCAL AGREEMENT RAMP ROAD PARK 2019 - Draft.docx

Page 3 of 7

INTERLOCAL AGREEMENT

By And Between The School Board Of Brevard County And City Of Cocoa Beach, Florida Relating To Use Of Ramp Road Park

10) Scheduling. Use of Board and City facilities shall be subject to scheduling per mutual benefit of both parties.

11) Usage Rates. The City will allow the Board access to use the facilities and Park with proper notice and at times when there is no conflict with City activities. The Board shall not incur a cost for use unless such use includes a cost to the City. Should the Board's use incur a cost to the City, the Board shall be responsible for that cost. The City may charge usage fees to the public for the use of the Park and facilities as the City sees fit in order to recoup costs for Park improvements and maintenance.

12) Indemnification. The City and the Board share sovereign immunity as outlined in Florida Statute 768.28. Either party shall indemnify the other party only as outlined in F.S. 768.28.

13) Insurance. The City shall name and maintain the Board as an additional insurer on the City's liability policy. The Board shall provide the City with a copy of a "Notice of Coverage" upon request of the City.

14) Intent of Agreement. The Board shall not take actions, which will materially prevent the City from carrying out the public recreation intent of this Agreement.

15) Delegation of Contract Management. The City and the Board delegate ministerial and administrative powers to manage the intent of this Agreement to: On behalf of the City - City Manager or Designee; On behalf of the Board - Superintendent or Designee.

16) Severability. If anyone or more provisions of this Agreement shall be held to be invalid, illegal, or unenforceable in respect by a court of competent jurisdiction, the validity, legality, and enforceability of the remaining provisions hereof shall not in any way be affected or impaired thereby and this Agreement shall be treated as though the invalidated portion (s) had never been a part hereof.

17) Public Records. Pursuant to section 119.0701, Florida Statutes, the Board and the City shall: a. b. c.

d.

e.

f.

Retain all records in accordance with Chapter 119.

Keep and maintain public records required in order to perform the Agreement's requirements.

Upon request from the City or Board custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in State Statute or as otherwise provided by law.

Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements and are not disclosed except as authorized by law for the duration of the Agreement term and following completion of the Agreement.

If the City or Board, in its sole discretion, requests a copy of all Public records in possession of the other party, the Board or City shall duplicate and provide to the records, at no cost, all Public records in possession within a reasonable amount of time and in a format that is accessible.

The City shall be responsible to have the fully executed agreement recorded.

Pursuant to Section l 19.0701(2)(a), Fla. Stat., IF THE BOARD HAS QUESTIONS

REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA C:\Users\mt2889\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\ORAXELKD\Clean - SBBC and City of Cocoa Beach - INTERLOCAL AGREEMENT RAMP ROAD PARK 2019 - Draft.docx

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INTERLOCAL AGREEMENT

By And Between The School Board Of Brevard County And City Of Cocoa Beach, Florida Relating To Use Of Ramp Road Park

STATUTES, TO THE BOARD'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CITY'S CUSTODIAN OF PUBLIC RECORDS AT: CITY HALL - FIRST FLOOR 2 S. ORLANDO AVE. P.O. BOX 322430 COCOA BEACH, FL 32932-2430.

321-868-3286, CITYCLERK@CITYOFCOCOABEACH.COM Pursuant to Section 119.0701(2)(a), Fla. Stat., IF THE CITY HAS QUESTIONS

REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CITY'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: [Insert Board information] 18) Compliance with local code, rules, policy and State Statutes. If any provisions of this Agreement is determined to be in violation of any applicable Statutes, rule ordinance or policy, this Agreement shall be modified so as to be in compliance.

IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates below:

ATTEST:

City of Cocoa Beach Commission

Loredana Kalaghchy, City Clerk

Ben Malik, Mayor Date:

---------

Approved as to form and legality for City_ _ _ _ _ _ _ _ _ _ _ _ __ Print Name: _ _ _ _ _ _ _ _ _ _ _ _ __

ATTEST:

School Board of Brevard County

Dr. Mark Mullins, Superintendent

Misty Belford, Chairman of the Board

Date: _ _ _ _ _ _ _ __

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Page 5 of 7

INTERLOCAL AGREEMENT

By And Between The School Board Of Brevard County And City Of Cocoa Beach, Florida Relating To Use Of Ramp Road Park

Approved as to form and legality for Board _ _ _ _ _ _ _ _ _ _ _ _ _ _ __

Print Name: _ _ _ _ _ _ _ _ _ _ _ _ _ _ __

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Page 6 of 7

INTERLOCAL AGREEMENT

By And Between The School Board Of Brevard County And City Of Cocoa Beach, Florida Relating To Use Of Ramp Road Park

Exhibit A Aerial Photograph delineating the boundaries of the legal description

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Page 7 of 7

SKETCH TO ACCOMPANY DESCRIPTION NOT A BOUNDARY SURVEY

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DISTANCE 31.53' 26.00' 49.04' 13.82' 13.83' 10.38' 4.51' 10.15' 3.23' 11.36' 10.06' 67.10' 28.77'

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EXHIBIT "A" SHEET 1 OF 2

SEE SHEET 2 FOR DESCRIPTION, SURVEYOR'S CERTIFICATION & NOTES

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PREPARED AND CERTIFIED FOR:

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§ DATE: 1-14-20 DRAWN BY: DJG BEACH i ...________________....,_ _ _ _ _ _ _ _ _ _ _ _ CITY _ _OF _COCOA ___ _ _ _ _ _ _,. ~ JOB NO. 890352.1

SCALE:

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DESCRIPTION NOT A BOUNDARY SURVEY

DESCRIPTION: PERMITTED USE AREA A portion of Section 15, Township 25 South, Range 37 East, City of Cocoa Beach, Brevard County, Florido, also being a portion of those Parcels described in Officio! Records Book 12, Page 412, and in Official Records Book 12, Page 408, of the Public Records of Brevard County, Florido, being more particularly described as follows: Commence at the Northwest corner of that Parcel described in Official Records Book 12, Page 425, of the Public Records of Brevard County, Florido; thence S02' 41 '41 "E, along the West line of said Parcel, a distance of 339 .03 feet, to the Southwest corner of said Parcel and the POINT OF BEGINNING of the herein described parcel; thence N89'29 '28"E, a distance of 31 .53 feet, to on existing chain Link fence; thence the following 14 courses along said chain link fence and it's southerly extension: (1) S44'26'23"E, a distance of 26.00 feet; (2) S44'28'33"E, a distance of 49.04 feet; (3) S44'48' 46"E, a distance of 164.59 feet; (4) S21'31 '00"W, a distance of 121 .03 feet; (5) S24'57'22"E, a distance of 13.82 feet; (6) S66'38'10"W, a distance of 13.83 feet; (7) S24'34'06"W, a distance of 10.38 feet; (8) Sl 6'24' 18"W, a distance of 4.51 feet; (9) S20' 16'55"W, a distance of 10.15 feet; ( 10) N88' 10'53"E, a distance of 3.23 feet; ( 11) S08'44' 38"W, a distance of 11.36 feet; ( 12) S07'26'26 "E, a distance of 10.06 feet; ( 13) S08'02 '07"E, a distance of 67.10 feet; ( 14) S42' 48'28"E, a distance of 28. 77 feet, to the South line of that Parcel described in Official Records Book 412, Page 408, of said Public Records; thence S89' 30' 18"W, along said South line, a distance of 151 .05 feet, to the Southwest corner of said Parcel, said point also lying on the East line of that Parcel described in Official Records Book 335, Page 44, of said Public Records; thence N02' 41 '41 "W, a distance of 434.36 feet, to the POINT OF BEGINNING; Containing 1.33 acres, more or less.

SURVEYOR'S NOTES: 1. THIS IS NOT A SURVEY. 2. The bearings shown hereon ore based on a bearing of S02'41 '41 "E, along the West line of Parcel described in Official Records Book 12, Page 425.

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I hereby certify that the attached Property Description was prepared under my direction, in accordance with all applicable requirements of the "Standards of Practice for Land Surveys in Florida" as described in Chapter 5J-17 Florida Administrative Code, pur~1uart to Chapter 11 , 1• . . . . . • 1 , , ·,, 472 .027, Florida Statutes .

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Not valid without the signature and the original raised seal of a Florida licensed surveyor and mapper.

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SKETCH TO ACCOMPANY DESCRIPTION NOT A BOUNDARY SURVEY

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;::;- DATE: JOB NO.

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RAMP ROAD

PARC~L 10: 26-37-15-00- 786 CnY OF COCO(\ BEACH DESCRIBtD

EXHIBIT "A" SHEET 1 OF 2

SEE SHEET 2 FOR DESCRIPTION, SURVEYOR'S CERTIFICATION & NOTES PREPARED AND CERTIFIED FOR:

1-14-20 890352. 1

DRAWN BY: DJ G 1"=100' SCALE:

CITY OF COCOA BEACH

DESCRIPTION NOT A BOUNDARY SURVEY

DESCRIPTION: PERMITTED USE AREA A portion of Section 15, Township 25 South, Range 37 Eost, Cily of Cocoa Beach, Brevard County, Florido, also being a portion of those Parcels described in Official Records Book 12, Page 412, and in Official Records Book 12, Page 408, of the Public Records of Brevard County, Florido, being more particularly described as follows: Commence at lhe Northwest corner of that Parcel described in Official Records Book 12, Page 425, of the Public Records of Brevard County, Florido; thence S02' 41 '41 "E, along the West line of said Parcel, a distance of 339.03 feet, lo the Southwest corner of said Parcel and the POINT OF BEGINNING of the herein described parcel; thence N89'29'28"E, a distance of 31.53 feet, lo on existing chain Link fence; thence the following 14 courses along said chain link fence and it's southerly extension: ( 1) S44'26'23"E, a distance of 26.00 feet; (2) S44'28'33"E, a distance of 49.04 feel; (3) S44'48'46"E, a distance of 164.59 feet; (4) S21'31'00"W, a distance of 121.03 feel; (5) S24'57'22"E, a distance of 13.82 feet; (6) S66'38' 1O"W, a distance of 13.83 feel; (7) S24'34'06"W, a distance of 10.38 feel; (8) S16'24'18"W, a distance of 4.51 feet; (9) S20' 16'55"W, a distance of 10.15 feet; (10) N88'10'53"E, a distance of 3.23 feet; (11) S08'44'38"W, a distance of 11.36 feet; (12) S07'26'26"E, a distance of 10.06 feel; (13) S08'02'07"E, a distance of 67.10 feet; (14) S42'48'28"E, a distance of 28. 77 feet, to the South line of that Parcel described in Official Records Book 412, Page 408, of said Public Records; thence S89'30' 18"W, along said South line, a distance of 151 .05 feet, lo the Southwest corner of said Parcel, said point also lying on the East line of that Parcel described in Official Records Book 335, Page 44, of said Public Records; thence N02'41'41 "W, a distance of 434.36 feet, to the POINT OF BEGINNING; Containing 1.33 acres, more or less.

SURVEYOR'S NOTES: 1. THIS IS NOT A SURVEY. 2. The bearings shown hereon are based on a bearing of S02'41 '41 "E, along the West line of Parcel described in Official Records Book 12, Page 425.

3.

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SEE SHEET 1 FOR THE SKETCH TO ACCOMPANY THIS DESCRIPTION

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SURVEYOR'S CERTIFICATION:

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EXHIBIT "A" SHEET 2 OF 2

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I hereby certify that the attached Property Description was prepared under my direction, in accordance with all applicable requirements of the "Standards of Practice for Land Surveys in Florida" as described in Chapter 5J-17 Florida Administrative Code, pursuant to Chapter 4 72.027, Florida Statutes.

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106 DIXIE LANE COCOA BEACH, FLORIDA 32931 TELEPHONE: (321)783-7443 - FAX: (321)783-5902 WEBSITE: 1n11r.alleneng.nel - EMAJL: bsalrnon@alleneng.net

Nol valid without the signature and the original raised seal of a Florida licensed surveyor and mapper.

B rV Prof , Florida Reg,

rveyor & Mapper ration No. 4262

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PREPARED AND CERTIFIED FOR:

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JOB NO.

CITY OF COCOA BEACH 890352.1

DATE:

1-14- 20