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Home My WebLink AboutCity of Tamarac Resolution R-97-234I Temp. Reso. #7797 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R- a2- 3 4 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 1997/1998 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, to alleviate overcrowding at Tamarac Elementary School the Broward County School Board has requested the use of two rooms in the Multi -Purpose Center; and WHEREAS, the Director of Parks and Recreation and the Assistant to City Manager recommend approval of the external lease agreement; and 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 1997/1998 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. 1 1 1 Temp. Reso. #7797 Page 2 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 SECTION 3: All Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict.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, 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 ATTEST: CAROL A. EVANS CITY CLERK "r day of 1997. ILI Qq--Q z4n&t--,� J SCHREIBER MAYOR RECORD OF COMMISSION MAYOR SCHREIBER DIST 1: COMM. MWAYE DIST 2: V/M MISHKIN DIST 3: COMM. SULTANOF DIST 4: COMM. ROBERTS .' CITY ATTORNEY 0 �J Temp. Reso. #7797 Revised 4/21 /97 Revised 5/28/97 Revised 6/16/97 EXHIBIT "A" EXTERNAL LEASE AGREEMENT This Agreement, made and entered into by and between CITY OF TAMARAC, a municipal corporation, 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". I. 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. II. The term of this lease commences June 14, 1997, or upon execution, whichever is later, and expires June 13, 1998. III. The property may be used: a. 7 Y2 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. IV. The rental shall be $1.00 per year payable upon commencement. Additional charges shall be: Utilities: $2,000.00 per year payable upon commencement. V. 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 763.117, Asbestos Containing Materials in Schools, Identification and Notification. VI. The Board agrees to comply with the terms and conditions for use of said premises as stated herein: •, a. The 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. b. The Board shall provide the Lessor with a certificate of insurance with this Agreement naming the "CITY OF TAMARAC" as additional insured. c. The Board shall obtain and pay for any and all necessary services it requires in 1 Temp. Reso. #7797 Revised 4/21 /97 Revised 5/28/97 Revised 6/16/97 relation to its use of the leased property unless otherwise specified in this Agreement. d. The Board shall accept the property as it is at the time of occupancy. Removal or change of location of any appliance or equipment, occasioned by the Board's use of said property, shall be made by the Board at the Board's expense, but such removal or change shall not be made without prior written approval by the Lessor. Any appliance or equipment removed or relocated by the Board shall be replaced as determined by the Lessor in writing. e. The Board shall not assign or sublet the property delineated in the application, or use said property or any part thereof, for any purpose other than that set out in the Lease without prior written consent of the Lessor. VII. 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 according to the conditions stated in Paragraph IV. VI II. 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 property unless the injury or damage is the direct result of the sole negligence by the Lessor. IX. The parties agree that this lease may be canceled upon mutual written agreement by both parties upon 30 days' notice. Said notice shall be delivered to: For the, City: City Manager City of Tamarac 7525 N.W. 88th Ave. Tamarac, FL 33321 For-h-p—School Board: Principal Tamarac Elementary School 7601 N. University Drive Tamarac, FL 33321 With a Qggy to.: City Attorney City of Tamarac 7525 N.W. 88th Ave. Tamarac, FL 33321 X. 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 2 Temp. Reso. #7797 Revised 4/21 /97 Revised 5/28/97 Revised 6/16/97 Lease Agreement. XI. 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 property. XII. The Board shall provide custodial service for the property leased by the Board and shall maintain the property at all times in a neat, clean and repaired manner. XIII. The Board agrees to make school facilities at Tamarac Elementary School available to the Lessor for recreation programs offered by the Lessor under the following conditions: a. Said recreation programs will be held at times and/or in areas of the school that will not directly interfere with the school's normal operation. b. If said recreation programs are held during normal working hours of Broward employees, there will be no charge for use of the school property. If said recreation programs are held outside the normal working hours of Board employees and specific . scheduling arrangements are necessary to accommodate Lessor's use of school facilities, then Lessor agrees to reimburse Board at an hourly rate of $28.35. • C. If there is a regularly scheduled use of an area which would require custodial services, and should the area be cleaned by Broward employees, an agreement on the cleaning of the area in use will be reached based on an hourly custodial rate of $28.35, The Lessor will have the option of providing custodial services with Lessor's staff. d. Charges levied pursuant to this Section shall only be paid upon presentation of invoice. XIV. This Agreement constitutes the complete understanding of the parties and supersedes any other prior agreements, and shall be governed by the laws of the State of Florida; venue to be Broward County, Florida. 3 • rI E Temp. Reso. #7797 Revised 4/21 /97 Revised 5/28/97 Revised 6/16/97 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 8 day of October , 1997. Signed, sealed and delivered in the presence of: ATTEST: t Carol A. Eva s City Clerk APP D AS TO FORM:, itche S. Kraft City Attorney �s-. PRobert S.Noe, J City Manager Mayor Jr,,chreiber 4 Temp. Reso. #7797 Revised 4/21 /97 Revised 5/28/97 Revised 6/16/97 EXTERNAL LEASE AGREEMENT BETWEEN THE CITY OF TAMARAC AND THE SCHOOL BOARD OF BROWARD COUNTY, FLORIDA FOR USE OF ROOMS 101 AND 102 IN THE MULTI -PURPOSE CENTER, FOR THE 1997/1998 SCHOOL YEAR. 7W_AMA_i�l ff . 2=*"= (SEAL) • L BOATO ATTORNEY THE SCHOOL BOARD OF BROWARD COUNTY, FLORIDA 5