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Home My WebLink AboutCity of Tamarac Resolution R-96-1741 Temp. Reso. # 7474 Revision #1 07/17/96 Revision #2 07/17/96 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R- & Lzy A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE THE EXTERNAL LEASE AGREEMENT WITH THE SCHOOL BOARD OF BROWARD COUNTY, FLORIDA, FOR USE OF ROOM 101 AND 102 IN THE MULTI -PURPOSE CENTER, FOR THE 1996/1997 SCHOOL YEAR, FOR A RENTAL FEE OF $1.00 PER YEAR, LOCATED AT 7531 NORTH UNIVERSITY DRIVE, PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Tamarac, Florida, deems it to be in the best interests of the citizens and residents of the City of Tamarac to authorize the appropriate City Officials to execute an External Lease Agreement with The School Board of Broward County, Florida, for use of rooms 101 and 102 in the Multi -Purpose Center, located at 7531 North University Drive, for the 1996/1997 school year. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: The foregoing "WHEREAS" clause is hereby ratified and confirmed as being true and correct and is hereby made a specific part of this Resolution. SECTION 2: That the appropriate City Officials are hereby authorized to execute the External Lease Agreement with the School Board of Broward County for use of the Multi -Purpose Center. A copy of the Agreement is attached hereto as "Exhibit A". SECTION 3: All Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4: If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Resolution that can be given effect without the invalid provision or application, REC:imz (RESOS DISK/TESMPCAG PI L' 1 Temp. Reso. # 7474 Revision #1 07/17/96 Revision #2 07/17/96 and to this end the provisions of this Resolution are declared to be severable. SECTION 5: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED THIS C24 day of ft)/v 1996. ATTEST: CAROL A. EVANS CITY CLERK I HE CERTIFY that I h asp(ovekl this Resolution as to-1 TUHELL 5 CITY ATT Ral&L*1� big r u .Al+r► I 1�XAXIRG r� IL / Temp. Reso. 7474 Exhibit "A" EXTERNAL LEASE AGREEMENT This Agreement, made and entered into by and between CITY OF TAMARAC, hereinafter referred to as the "Lessor" and THE SCHOOL BOARD OF BROWARD COUNTY, FLORIDA, a body corporate existing under the laws of Florida, hereinafter referred to as the "Board". II. The Board shall lease the following described property: Rooms 101 and 102, located at the Multi -purpose Building, 7531 North University Drive, Tamarac, FL, 33321. III. The term of this lease commences upon execution and expires June 13, 1997. IV. The facilities may be used: a. 7 Y hours per day, from 8:00 a.m. to 3:30 p.m. b. 5 days per week, Monday through Friday. c. The nature and purpose for the use: Fourth grade classrooms. V. The rental shall be $1.00 per year payable yearly. Additional charges, if any, shall be at the following rate: Utilities: $2,000.00 per year Custodian: $ 0.00 Extra help: $ 0.00 Others: $ 0.00 Said charges shall only be paid upon presentation of invoice. VI. The Lessor hereby represents that the property described herein is free from firable asbestos as defined in the EPA Legislation 40 CRF Part 763.100 through 763.100 through 763.117, Asbestos Containing Materials in Schools, Identification and Notification. VII. The Board agrees to comply with the terms and conditions for use of said premises as stated herein: a. The School Board shall at all times during the term of this Lease carry general liability coverage in excess of $500,000.00. Said insured's coverage shall be in force and effect during said hours and dates described herein when the premises are used by the Board. It is further understood and agreed by the parties to this Lease that this Agreement does not waive any of the Board's immunity as may be given by law. 0 b. The Board shall provide the Lessor with a certificate of insurance with this Agreement naming the "CITY OF TAMARAC" as additional insured. C:\USERDATA\WPDATA\RESO\MPCSCHOO.WPD REC/IMZ y s�. 117 1/ Temp. Reso. 7474 Exhibit "A" EXTERNAL LEASE AGREEMENT EXHIBIT A c. Obtain and pay for any and all necessary help unless otherwise specified. d. Accept the facilities as they are at the time of occupancy. Removal or change of location of any appliance or equipment, occasioned by the Board's use of said facilities, shall be made by the Board at the Board's expense, but such removal or change shall not be made without prior approval by the Lessor (which approval shall not unreasonably be withheld). Any appliance or equipment removed or relocated by the Board shall be replaced as found. e. The Board shall not assign or sublet the facilities delineated in the application, or use said facilities or any part thereof, for any purpose other than set out in the Lease without written consent of the Lessor. VIII. The Lessor agrees to comply with the terms and conditions for use of said premises so stated herein: a. Shall furnish light, heat, air conditioning and water by means of appliances installed for ordinary purposes, but for no other purposes. . b. Shall provide the services as stated in Paragraph 5. IX. Each party shall be responsible for the negligence of its own respective agents. Lessor shall not be responsible for injury or damage to persons or their property who are using the leased facilities unless the injury or damage is the direct result of negligence by the lessor. X. The parties agree that either party may cancel this lease at any time upon giving 30 days' written notice. XI. The parties hereto covenant and agree to keep and comply with all of the provisions of the Lease Agreement. The parties hereto acknowledge receipt of an executed copy of the Lease Agreement. XII. The Board agrees to comply with all Federal, State, and Local laws and rules including but not limited to the requirements of Florida Administrative Code 6A-2 prior to the occupancy of the facilities. XII I. The Board shall provide custodial service for the facilities used by the Board and shall maintain the facilities at all times in a neat, clean and repaired manner. XIV. The Board agrees to provide school facilities to the lessor for evening recreation programs offered by the lessor, as the need arises. C:\USERDATA\WPDATA\RESO\MPCSCHOO.WPD REC/IMZ Temp. Reso. 7474 Exhibit "A" 0 EXTERNAL LEASE AGREEMENT THE SCHOOL BOARD OF BROWARD COUNTY IS DEDICATED TO THE CONCEPT OF EQUAL ACCESS. THE BOARD WILL NOT DISCRIMINATE ON THE BASIS OF RACE, COLOR, SEX, RELIGION, AGE, NATIONAL ORIGIN, NOR DISABILITIES IN THE ADMISSION AND TREATMENT OF STUDENTS IN ANY ACTIVITY OR PROGRAM. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be signed in their respective names by their proper officials and under their corporate seals this day of .19 Signed, sealed and delivered in the presence of: Nl ATTEST: • Carol A. Evans City Clerk APPROVF-D AS TO Michell S. Kraft City Attorney (SEAL) Robert S. Noe, Jr. City Manager pq "OX NIrman Abramowitz Mayor THE SCHOOL BOARD OF BROWARD COUNTY, FLORIDA ATTEST: CHAIRPERSON SECRETARY APPROVED AS TO FORM: SCHOOL BOARD ATTORNEY C:\USERDATA\WPDATA\RESO\MPCSCHOO.WPD REC/IMZ