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Home My WebLink AboutCity of Tamarac Resolution R-93-126I Temp. Reso. # 6559 Revisect glzo :o3 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-93-- 1 o2P A RESOLUTION OF THE CITY COUNCIL 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 THE MULTI -PURPOSE CENTER; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIME DATE,--. WHEREAS, the City Council 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 the Multi -Purpose Center. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: That the foregoing "WHEREAS" clause is hereby ratified and confirmed as being true and correct and is hereby made a specific part of this Resolution. SECTI,QN.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 SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTIQN 4: If any clause, section, other part or application of this Resolution is held by any court of competent Temp. Reso. ## 6559 Revised 9/28/93 jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. EQTION 5: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED thisc- I"'day of 1993. ATTEST: CAROL A. EVANS r CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. LEASE W/ SCHOOL BD--MULTI-PURPOSE CNTR/rkt N '10-t H.L. BENDER MAYOR RECMAYOR ORD OF COUNCI VOTE DIST 1: V DIST.2: M H MA N DIST.3; Q 4 M SQH I R 0 1ST. 4 (.1 / RA A 0 n AI Ae%tah EXTERNAL LEASE AGREEMENT I. 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." 11. The School Board shall lease the following described property: Rooms 101, 102, Art room located at the Multipurpose Building, 7501 North University Drive, Tamarac, FL 33321. III. The term of this lease commences upon execution and expires June 17, 1994. IV. The facilities may be used: a• hours per day 7 112 - 8:00 a.m. - 3:30 p.m. b. Days per week 5. C. The nature and purpose for the use: Art, Music, and Science 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/per annum Custodian: 0 Extra help: 0 Others: 0 Said charges shall only be paid upon presentation of invoice. VI. The Lessor hereby represents that the property described herein is free from friable asbestos as defined in the EPA' Legislation 40 CRF Part 763.100 through 763.1 17, Asbestos Containing Materials in Schools, Identification and Notification. VII. The Board agrees to comply with the terms an 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 as described herein when the premises are used by the Board. It is further understood an 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. • b• The Board shall provide the Lessor with a certificate of insurance this Agreement naming the "CITY OF TAMARAC" as additional insured. with C. Obtain and pay for any and all necessary help other than custodian provided by Lessor, unless otherwise specified. 1 September 24, 1993 r� 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 not such removal or change shall 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: 0,y . a. Shall furnish light, heat, air conditioning and water by means of appliances installed for ordinary purposes, but for no other purpose. b. Shall provide the services as stated in Paragraph S. 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 that Tamarac's use of the facilities shall be primary and the Board, upon two (2) days' notice shall remove materials and vacate the facilities when deemed necessary by the Lessor for Lessor's use. X111. 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-Z prior to the occupancy of the facilities. • XIV. 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. 2 September 24, 1993 11 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 HANDICAPS 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 th it proper officials and under their corporate seals this - - --2&d4:�,_ day of_. , 19 13 Signed, sealed and delivered in the presence of: ATTEST: CITY CLERK .Carol A. Evans CITY ATTOR Mitchell S. KrAft (SEAL) 0 Dina M. ,"unott Actin City Manager H. VBENDER, MAYOR CITY OF TAMAR.AC APPROVED AT MEETING OF q7 -,-? 9 -9 3 THE SCHOOL BOARD OF BROWARD COUNTY, FLORIDA BY: CHAIRPERSON ATTEST. SECRETARY APPROVED AS TO FORM: SCHOOL BOARD ATTORNEY c'sptember 24, 1993 0 CITY OF TAMARAC 7525 Northwest 88 Avenue Tamarac, Florida 33321-2401 October 7, 1993 Edward J. Marko, Marko & Stephany Attorneys At Law P.O. Box 4369 Ft. Lauderdale, Esq. Florida 33338 Phone (305) 722-5900 Fax (305) 722-4509 Subject: Lease Agreement Between City of Tamarac and the School Board of Broward County, Florida For Use of Multi -Purpose Center Dear Mr. Marko: Please find enclosed three (3) originals of the subject agreement and three (3) certified copies of City of Tamarac Resolution No. R-93-126 as passed by City Council at the meeting of September 29, 1993. Upon execution by the Broward County School Board, please return one (1) executed original for our files. We appreciate your assistance in expediting this matter. Sincerely, Carol A. Evans City Clerk /ew Enclosures THE CITY OF TAMARAC IS AN EQUAL OPPORTUNITY EMPLOYER AND DOES NOT DISCRIMINATE ON THE BASIS OF HANDICAPPED STATUS