HomeMy WebLinkAboutCity of Tamarac Resolution R-2004-074Temp. Reso. #10398 - March 31, 2004
Page 1
Rev. 1 — 4/8/04
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2004-,74
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA, AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO EXECUTE A
RECIPROCAL USE AGREEMENT BETWEEN THE CITY OF
TAMARAC AND THE SCHOOL BOARD OF BROWARD
COUNTY, FLORIDA, TO PROVIDE RECIPROCAL USE OF
CITY AND SCHOOL BOARD FACILITIES; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; AND
PROVIDING AN EFFECTIVE DATE
WHEREAS, partnerships instill a sense of civic pride and responsibility in students
that will last far beyond their educational experience; and
WHEREAS, cities and schools may share resources to support each other's goals
and objectives; and
WHEREAS, this collaboration provides the opportunity to develop a seamless
communication between City officials, City staff, and their counterparts in the school
district; and
WHEREAS, as part of its recreation program, the City of Tamarac wishes to provide
additional recreation facilities for its citizens; and
WHEREAS, the School Board of Broward County wishes to provide additional
facilities for its programming; and
WHEREAS, the Director of Parks and Recreation and the City Manager
recommend execution of a Reciprocal Use Agreement between the City of Tamarac and
the School Board of Broward County, Florida; and
Temp. Reso. #10398 - March 31, 2004
Page 2
Rev. 1 — 4/8/04
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 execute a
Reciprocal Use Agreement between the City of Tamarac and the School Board of Broward
County, Florida.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
TAMARAC, FLORIDA:
SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed
as being true and correct and are hereby made a specific part of this resolution.
SECTION 2: That the appropriate City Officials are hereby authorized to execute the
Reciprocal Use Agreement between the City of Tamarac and the School Board of Broward
County, Florida, a copy hereto attached as "Exhibit A", to provide reciprocal use of City and
School Board facilities.
SECTION 3: All Resolutions or parts of Resolutions in conflict herewith are hereby
repealed to the extent of such conflict.
SECTION 4: If any clause, section, other part or application of this Resolution is
held by any court of competent 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.
SECTION 5: This resolution shall become effective immediately upon its passage
and adoption.
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Temp. Reso. #10398 - March 31, 2004
Page 3
Rev. 1 — 4/8/04
PASSED, ADOPTED AND APPROVED this 141h day of April, 2004.
ATTEST:
/ v6tjy
MARION SW NSON, CMC
CITY CLERK
I HEREBY CERTIFY that
I have approved this
RESOLUTION as to form.
MITCHELZ �F
CITY ATTORN Y
JOE SCHREIBER
MAYOR
RECORD OF COMMISSION VOTE:
MAYOR SCHREIBER
DIST 1: COMM. PORTNER
DIST 2: COMM. FLANSBAUM-TALABISCO
DIST 3: V/M SULTANOF _ C
DIST 4: COMM. ROBERTS
--=» THE SCHOOL BOARD OF BROWARD COUNTY, FLORIDA
YAW600 Southeast Third Avenue -, 14th FL, FT. LAUDERDALE, FLORIDA 33301 - TEL 754-321-2165 - FAX 754-321-2179
Marc Brown, Director
Real Estate and Environmental Planning
SCHOOL BOARD
Facility Management, Planning & Site Acquisition
mbrown@browardschools.com
Chair cAROLE L. A
Vice Chair STEPI•iANIE ARMA RMA KRAFT, $SQ.
KR
JUDIE S. BUDNICK
DARLA L. CARTER
BEVERLY A. GALLAGHER
DR. ROBERT D. PARKS
MARTY RUBINSTEIN
May 6, 2004
LOIS WEXLER
BENJAMIN J. WILLIAMS
DR. FRANK TILL
Superintendent gfSchaots
Jeffrey L. Miller, City Manager
City of Tamarac
7525 Northwest 88th Avenue
Tamarac, Florida 33321
RE: Reciprocal Use of Facilities Agreement
Dear Mr. Miller,
The School Board has approved the subject agreement at the April 20, 2004, Board Meeting. Enclosed please find
one original fully executed agreement, Should you have any further questions you may contact me at
(754) 321-2165. Thank you.
MB:kcw
Attachment
Marc BrVn, Director
Real Est to and Environmental Planning
n
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Transforming Education: One Student at A Time
Broward County Public Schools Is An Equal OPPOrtunity/Equal Access Employes
w r
Temp. Reso. #10398
Exhibit A
RECIPROCAL USE AGREEMENT
BETWEEN THE CITY OF TAMARAC
AND
THE SCHOOL BOARD OF BROWARD COUNTY, FLORIDA
THIS AGREEMENT, made and entered into this Z41 A day of 1144X/L.
2004, by and between:
the CITY OF TAMARAC, FLORIDA,
(hereinafter referred to as "CITY")
a municipal corporation of the State of Florida
whose address is
7525 N.W. 88 Avenue
Tamarac, Florida 33321
and
THE SCHOOL BOARD OF 13ROWARD COUNTY, FLORIDA
(hereinafter referred to as "SBBC")
600 Southeast Third Avenue, Fort Lauderdale, Florida 33301
WITNESSETH:
WHEREAS, partnerships instill a sense of civic pride and responsibility in students that
will last far beyond their educational experience; and
WHEREAS, cities and schools may share resources to support each other's goals and
objectives; and
WHEREAS, this collaboration provides the opportunity to develop a seamless,
communication infrastructure between CITY officials, CITY staff and their counterparts in the
school district; and
WHEREAS, CITY, as part of its recreation program; wishes to provide additional
outdoor playground recreation facilities for its citizens; and
WHEREAS, SBBC, as the controlling body of the public schools of Broward County,
Florida owns, operates and maintains various facilities throughout the county, including
elementary, middle and high schools, vocational sites, training facilities, and equipment, in the
City of Tamarac suitable for use by CITY in its municipal programs; and
WHEREAS, SBBC wishes to provide additional facilities for its programming; and
WHEREAS, CITY owns, operates and maintains numerous facilities suitable for use by
SBBC for its educational, and training programs; and
WHEREAS, CITY staff and SBBC have determined that entering into numerous
agreements for the use of each other's facilities on a case -by -case basis will result in the expense
of additional administrative time and resources; and
WHEREAS, CITY and SBBC believe that a formal agreement providing reciprocal use
of each other's facilities will be of mutual benefit to all parties;
NOW, THEREFORE, in consideration of the premises and mutual covenants hereinafter
contained, the parties hereby agree as follows:
RECITALS
1.1 The parties agree the foregoing recitals are true and correct and that such recitals
are incorporated herein by reference.
2. TERM
2.1 The term of this Agreement shall be for a period of five years from the date of
execution unless terminated earlier pursuit to Article 10 of this Agreement.
3. AUTHORIZED USE OF CITY FACILITIES BY SBBC
3.1 CITY owns and operates a number of facilities located in the City of Tamarac,
Florida, which are suitable for use by the SBBC for its educational, and training
programs.
3.2 CITY agrees to allow the SBBC use of all CITY facilities (hereinafter referred to
as "City Licensed Facilities"), but not limited to those described in Exhibit A,
(excluding those facilities in which CITY has an existing license or, lease
agreement with SBBC), on such days and at such times as are mutually agreed
upon by the Director of Parks and Recreation or his/her designee and the
Superintendent or his/her designee. The CITY agrees to waive any and all rental
fees associated with the SBBC's use of CITY facilities
3.3 The following procedure shall be followed whenever the SBBC desires to use any
City Licensed Facilities:
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3.3.1 The SBBC shall submit a Notice of Facility Use (via a memo to the
Director of Parks and Recreation or his/her designee) for use of City
Licensed Facilities a minimum of ten (10) days in advance of usage. The
Notice of Facility Use must specify the dates, times, facilities, to be used
by the SBBC and any other special terms and conditions pertaining to such
usage not in conflict to the Parks and Recreation Director or his/her
designee for review and approval or denial.
3.3.2 The CITY Manager or his/her designee shall determine if the requested
use conflicts or interferes with any other usage of the CITY Licensed
Facility.
3.4 Said City Licensed Facilities are to be used by the SBBC solely for educational,
and training purposes which are an integral part of the Public Education Program
of Broward County and for no other purpose whatsoever without the prior written
consent of the CITY.
3.5 The use of said City Licensed Facilities by the SBBC shall, at all times, be in
compliance with the laws of the State of Florida, local laws and CITY Code of
Ordinances. The SBBC shall require its instructors, agents, students, and invitees
to follow all rules and regulations promulgated by CITY.
3.6 The CITY shall have the continuing duty to maintain City Licensed Facilities in a
safe condition and to ensure that any unsafe condition or defect in or upon City
Licensed Facilities is remedied and/or repaired. If in the course of its maintenance
and operation, the CITY becomes aware of any dangerous or unsafe condition in
or upon City Licensed Facilities or equipment, CITY shall immediately correct
the dangerous condition or prevent the use of City Licensed Facilities or
equipment by other persons so as not to endanger the life or safety of persons at
licensed facilities or equipment. If in the course of the SBBC's use and occupancy
of City Licensed Facilities or equipment, SBBC becomes aware of any dangerous
condition in or upon City Licensed Facilities or equipment, SBBC shall,
immediately, notify the CITY'S City Manager or his/her designee of such
dangerous or unsafe condition and cease SBBC'S use of City Licensed Facilities
or equipment which is unsafe until such time as CITY corrects or remedies the
condition. The CITY shall have final determination as to what is deemed
"unsafe". If the CITY is not notified by the SBBC of such dangerous conditions,
CITY shall not be liable to SBBC, its employees, agents or invitees for loss,
personal injury or damage.
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3.7 CITY and its officers, agents and employees engaged in the operation
maintenance or repair of the City Licensed Facilities reserve the right, at any time,
to enter upon and have free access to any and all parts of the City Licensed
Facilities in regard to ensuring that said facilities are not subjected to risk of loss.
CITY reserves the right to preclude or interrupt any act or use of equipment by
SBBC within the reasonable judgment of the CITY Manager or his/her designee
of the affected City Licensed Facilities, if it is so necessary in the interest of
public safety to protect person or property from exposure to risk of injury, death,
damage, or loss. CITY shall have the right to inspect any and all parts of City
Licensed Facilities and make or cause to be made necessary repairs thereto, to
enforce all necessary and proper rules for the management and operation of the
premises, and to enforce the license obligations hereunder.
3.8 CITY assumes no responsibility whatsoever for any property placed on its
premises by SBBC, its agents, employees, representatives, independent
contractors or invitees.
3.9 SBBC agrees not to bring onto City Licensed Facilities, any material, substances,
equipment, or objects that are likely to endanger the life or to cause bodily injury
to any person or to the City Licensed Facilities or which are likely to constitute a
hazard to property thereon. CITY shall have the right to refuse to allow any such
materials, substances, equipment or objects to be brought onto the City Licensed
Facilities and the right to require their immediate removal here from if found
thereon.
3.10 SBBC shall not construct any improvements upon any of City Licensed Facilities
during the term of this Agreement without prior written consent of CITY. Any
improvement constructed upon City Licensed Facilities without prior written
approval of the CITY shall be removed or relocated by SBBC within ten (10)
days of written demand by CITY. SBBC is authorized to place items of movable
personal property onto the City Licensed Facilities for use therein without prior
written approval of CITY. If SBBC fails to remove items of moveable personal
property upon termination, of this Agreement, CITY may remove and store said
items and SBBC shall reimburse CITY for the costs of relocating and storing the
items.
3.11 Upon vacation of City Licensed Facilities after each use and occupancy, SBBC
shall ]cave said facilities in a condition equal to that at the commencement of that
day's usage, ordinary use and wear thereof excepted, and shall remove from the
premises all items of movable personal property brought onto the City Licensed
Facilities by SBBC.
3.12 CITY shall provide and maintain the parking lot, parking lot lighting, and ingress
and egress, at all City Licensed Facilities.
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4. AUTHORIZED USE OF SBBC FACILITIES BY CITY:
4.1 SBBC owns, operates and maintains various facilities (hereinafter referred to as
"School Board Licensed Facilities") throughout the county, including elementary,
middle, high, and technical schools sites, and training facilities located in the City
of Tamarac that may be suitable for use by residents of the CITY and the CITY
may desire to place its programs, special functions, training programs,
homeowners association and community meetings, at these sites.
4.2 SBBC agrees to allow CITY use of SBBC facilities (hereinafter referred to as
"School Board Licensed Facilities), but not limited to those described in Exhibit
B, in the CITY of Tamarac on such days and at such times as are mutually agreed
upon by the Superintendent or his/her designee and the CITY Manager or his/her
designee. The SBBC agrees to waive any and all rental fees (excluding any
Custodial Operational costs. In addition, Energy Assessments costs, when
applicable) associated with the CITY's use of School Board Licensed Facilities in
accordance with Policy 1341, Use of Broward County School Facilities for Non -
School Purposes.
4.3 The following procedure shall be followed whenever the CITY desires to use any
School Board Licensed Facilities:
(a) CITY shall submit Notice of Facility Use (via a memo to the Superintendent
or his/her designee) to SBBC for use of School Board Licensed Facilities for
use of the facilities a minimum often (10) days in advance of usage. The
Notice of Facility Use must specify the dates, times, and facilities to be used
by the CITY or its residents and any other special terms and conditions
pertaining to such usage not in conflict with this Agreement. The CITY will
submit the permitting agreement to the Superintendent or his/her designee for
review and approval or denial.
(b) The Superintendent or his/her designee shall determine if the requested use
conflicts or interferes with the regular or extracurricular school program, or
with any other prescheduled use of the School Board Licensed Facilities by
other parties.
4.4 The use of School Board Licensed Facilities by the CITY shall, at all times be in
compliance with the applicable laws of the State of Florida and SBBC policies.
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4.5 SBBC shall have the continuing duty to maintain School Board Licensed
Facilities and equipment in a safe condition and to ensure that any unsafe
condition or defect in or upon School Board Licensed Facilities and equipment is
remedied and/or repaired. If in the course of its maintenance and operation, SBBC
becomes aware of any dangerous or unsafe condition in or upon SBBC licensed
premises or equipment, the SBBC shall immediately correct the dangerous
condition or prevent the use of the facilities or equipment by other persons so as
not to endanger the life or safety of persons at the facility. If in the course of
CITY'S use and occupancy of School Board Licensed Facilities or equipment,
CITY becomes aware of any dangerous condition in or upon SBBC licensed
premises or equipment, CITY shall, as soon as reasonably possible, notify the
principal of the School Board Licensed Facilities being utilized, of such
dangerous or unsafe condition and cease CITY' S use of the facilities or
equipment which are unsafe until such time as SBBC corrects or remedies the
condition. The SBBC shall have final determination as to what is deemed
"unsafe". If the SBBC is not notified by the CITY of such dangerous conditions,
SBBC shall not be liable to CITY, its employees, agents or invitees for loss,
personal injury or damage.
4.6 SBBC and its officers, agents and employees engaged in the operation,
maintenance or repair of the School Board Licensed Facilities reserve the right, at
any time, to enter upon and have free access to any and all parts of School Board
Licensed Facilities. SBBC shall have the right to supervise all operations of
CITY at School Board Licensed Facilities in order to ensure that the facilities are
not subjected to risk of equipment by CITY within the reasonable judgment of the
Superintendent or his/her designee of School Board Licensed Facilities, if it is so
necessary in the interest of public safety to protect person or property from
exposure to risk of injury, death, damage or loss. SBBC shall have the right to
inspect any and all parts of the School Board Licensed Facilities and make or
cause to be made necessary repairs thereto, to enforce all necessary and proper
rule for the management and operation of the premises, and to enforce the license
obligations hereunder.
4.7 SBBC assumes no responsibility whatsoever for any property placed on the
premises by CITY, its agents, employees, representatives, independent contractors
or invitees.
4.8 SBBC shall provide and maintain the parking lot, parking lot lighting, and ingress
and egress, at all School Board Licensed Facilities.
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4.9 CITY shall not construct any improvements upon any of School Board Licensed
Facilities during the term of this Agreement without the prior written consent of
the without prior written approval of SBBC. Any improvement constructed upon
School Board Licensed Facilities without prior written approval of SBBC shall be
removed or relocated by CITY within ten (10) days of written demand by SBBC.
CITY is authorized to place items of personal property onto the licensed facilities
for the use thereon by CITY without prior written approval of SBBC. If CITY
fails to remove items of personal property upon termination of this Agreement,
SBBC may remove and store said items and CITY shall reimburse SBBC for the
costs of relocating and storing the items.
4.10 Upon vacation of School Board Licensed Facilities after each use and occupancy
CITY shall leave School Board Licensed Facilities in a condition equal to that at
the commencement of that day's usage, ordinary use and wear thereof excepted,
and shall remove from the premises all items of movable personal property
brought onto the School Board Licensed Facilities by CITY.
4.11 CITY agrees not to bring onto School Board Licensed Facilities, any material,
substances, equipment, or objects that are likely to endanger the life or to cause
bodily injury to any person or the School Board Licensed Facilities or which are
likely to constitute a hazard to property thereon. SBBC shall have the right to
refuse to allow any such materials, substances, equipment or objects to be brought
onto the School Board Licensed Facilities and the right to require their immediate
removal from the property.
4.12 The principal shall require the use of regular food service workers when fixed
kitchen equipment is used for the preparation of food for banquets, etc., and
require the organization to pay the cost of the food service worker(s) involved
according to the adopted School Food Services salary schedule, including
retirement and other fringe benefits. The food service worker shall assist in the
preparation serving and clean up, except this section does not apply to School
Allied Groups.
S. ACCESSIBILITY TO SBBC FACILTIES
5.1 The CITY and SBBC agree to continue work cooperatively to identify additional
school athletic fields and educational facilities available for use by the residents
of the City of Tamarac. Use of additional athletic facilities may be covered by a
separate agreement.
5.2 The use or enjoyment of additional school facilities by the CITY shall be
coordinated and approved by the Superintendent of Schools or his/her designee
(e.g. school principal).
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5.3 The SBBC agrees to waive any and all rental fees_(excluding any Custodial
Operational costs. In addition, Energy Assessments costs, when applicable)
associated with the CITY's use of School Board Licensed Facilities in accordance
with Policy 1341, Use of Broward County School Facilities for Non -School
Purposes.
5.4 The cost for additional services, i.e., security, law enforcement, personnel, etc.,
for events at City Licensed Facilities and School Board Licensed Facilities shall
be mutually agreed upon by the parties prior to the scheduled events. Such
agreement shall be reduced to writing in the respective Facility Use or Lease
Agreement and executed by the parties. However, the parties agree that there will
be no additional costs charged for normal and customary operations that are
associated with regular facility operations.
6. DISCRIMINATION:
Neither party shall discriminate against any employee or participant in this agreement
regardless of age, religion, race, color, creed, sex, handicap, marital status, national origin
or sexual orientation.
7. INSURANCE:
7.1 Upon execution of this agreement, each party shall submit to the other, copies of
its certificate(s) of insurance or self-insurance evidencing the required coverage.
In the event any insurance certificate provided indicates that the insurance shall
tenninate and lapse during the period of this Agreement, then in that event, at
least thirty (30) calendar days prior to expiration of the date of such insurance, a
renewed certificate of insurance as proof that equal and like coverage for the
balance of that period of the contract and extension thereunder is in effect.
7.2 Each party shall procure and maintain at its own expense, and keep in effect
during the full term of the Agreement, a policy or policies of insurance or the
equivalent reserves in its self-insurance program the following coverages and
minimum limits of liability:
(a) Worker's Compensation Insurance -for statutory obligations imposed by
Worker's Compensation;
(b) Commercial Automobile Liability Insurance for all owned, non -owed and
hired automobiles and other vehicles used by the parties in the
performance of their respective obligations of this Agreement with the
following minimum limits of liability with no restrictive endorsements:
$1,000,000 Combined Single Limit, per occurrence, Bodily Injury and
Property Damage;
rd
(c) Comprehensive General Liability (occurrence form) with the following
minimum limits of liability with no restrictive endorsements:
$1,000,000 Combined Single Limit, per occurrence, Bodily Injury and
Property Damage.
Coverage shall specifically include the following with minimum limits not
less than those required for Bodily Injury Liability and Property Damage
Liability
I . Premises and Operations;
2. Independent Contractors;
3. Product and Complete Operations Liability;
4. Contractual Coverage applicable to the Agreement and specifically
insuring the indemnification and hold harmless agreement
contained in Paragraph 8 of the Agreement.
7.3 These insurance requirements shall not relieve or limit the liability of either party.
Both parties reserve the right to require other insurance coverage that it deems
necessary depending upon the risk of loss and exposure to liability.
7.4 Violations of the terms of this Paragraph and its subparts shall constitute a breach
of the Agreement and the non -breaching party may, at its sole discretion, cancel
the Agreement and all rights, title and interest shall thereupon cease and
terminate.
7.5 No activities under this Agreement shall be commenced until the required
certificates of insurance have been received and approved by the Risk Managers
of each party.
8. INDEMNIFICATION:
To the extent permitted by law, CITY and SBBC each agree to indemnify, defend and
hold the other, including their officers, agents and employees, harmless from and against
any and all claims, damages, losses, liabilities, causes of action of any kind of nature
whatsoever arising out of or because of the use and occupancy of any facilities licensed
hereunder, providing that if such claim, damage, loss, liability .or cause of action is due to
the joint or concurrent negligence of the indemnitor and the indemnitee, their respective
responsibilities hereunder shall be in the same proportion that the negligent acts or
omissions of each contributes thereto. This indemnification shall not be limited to the
amount of comprehensive general liability insurance that each party is required to provide
under this Agreement.
Each party reserves the right to select its own counsel in any such proceeding and all
costs and fees associated therewith shall be the responsibility of the indemnitor under this
indemnification agreement.
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Compliance with the foregoing shall not relieve the indemnitor of any liability or other
obligation under this Agreement.
Nothing contained herein is intended nor shall be construed to waive either party's rights
and immunities under the common law or Section 768.28, Florida Statutes.
9. PROTECTION OF PUBLIC SAFETY:
Each party specifically reserves the right, through its representatives, to eject any
person(s) behaving in an objectionable manner from its own facilities or facilities of the
other it may be using.
10. TERMINATION:
Each party to this agreement shall have the unrestricted right to terminate this Agreement,
without cause, by furnishing one hundred twenty (120) calendar days advance written
notice to the other party.
11. FORCE MAJEURE:
Neither party shall be obligated to perform any duty, requirement or obligation under
this Agreement if such performance is prevented by fire, hurricane, earthquake,
explosion, war, sabotage, accident flood, acts of God, strikes, or other disputes, riot or
civil commotion or by reason of any other matter or condition beyond the control of
either party, and which cannot be overcome by reasonable diligence and without unusual
expense ("Force Majeure"). In no event shall a lack of funds on the part of either party be
deemed Force Majeure.
12. ASSIGNMENT:
Neither this Agreement, or any interest herein, may be assigned, transferred, by any party
without the prior consent of the other party. There shall be no partial assignments of this
Agreement including, without limitation, the partial assignment of any right to receive
payments from SBBC.
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13. NOTICE:
Notices required by this Agreement shall be deemed delivered upon mailing by certified
mail, return receipt requested, to the following persons and addresses:
AS TO CITY: City Manager
City of Tamarac
7525 N.W. 88`" Avenue
Tamarac, FI. 33321
WITH A COPY TO: City Attorney
City of Tamarac
7525 N.W. 88'h Avenue
Tamarac, FL 33321
AS TO SBBC: Superintendent of Schools
School Board of Broward County, Florida
600 Southeast 3rd Avenue
Fort Lauderdale, Florida 33301
WITH A COPY TO: Executive Director, Facility Management, Planning and
Site Acquisition
School Board of Broward County, Florida
600 Southeast 3rd Avenue
Fort Lauderdale, Florida 33301
Director, Community Involvement
School Board of Broward County, Florida
600 Southeast 3rd Avenue
Fort Lauderdale, Florida 33301
14. GOVERNING LAW AND VENUE:
This Agreement shall be governed by the laws of the State of Florida. Any and all legal
action necessary to enforce this agreement will be held in Broward County, Florida.
15. SEVERABILITY:
If any part of this Agreement is found to be in conflict with applicable laws, such part
shall be null and void insofar as it is found in conflict with the laws of the State of
Florida, but the remainder of the Agreement shall be and remain in full force and effect.
16. MODIFICATION AND WAIVER:
This Agreement together with Exhibits A and B, hereto, contains the entire understanding
of the parties relating to the subject matter hereof superseding all prior communications
between the parties whether oral or written, and this Agreement may not be altered,
amended, modified or otherwise changed nor may any of the terms hereof be waived,
except by a written instrument executed by both parties. The failure of a party to seek
redress for violation of, or to insist on strict performance of, any of the covenants of this
Agreement shall not be construed as a waiver or relinquishment for the future of any
covenant, term, condition or election but the same shall continue and remain in full force
and effect. In the event of any conflict or inconsistency between this Agreement and the
provisions in the incorporated Exhibits, the terms of this Agreement shall supersede and
prevail over the terms in the Exhibits.
17. LICENSE NOT LEASE:
This Agreement shall not be deemed to be a lease of any facilities, the use of which is
permitted hereunder, but rather a license to use and occupy the respective premises under
the terms and conditions stated herein. No leasehold interest in either CITY premises or
SBBC'S premises is conferred to the using party under the provisions hereof:
18. AUTHORITY:
Each person executing this Agreement on behalf of either party, individually warrants
that he/she has full legal authority to execute this Agreement on behalf of the party for
whom he/she is signing, and to bind and obligate such party with respect to all provisions
contained in this Agreement.
THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK
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IN WITNESS WHEREOF, the parties hereto have executed this Partnership Agreement
for reciprocal use of facilities the day and year first written above.
"FOR CITY"
ATTEST: CITY OF TAMARAC, FLORIDA, a
municipal corporation of the State of Florida
Marion Swenson, CMC, City Clerk
APPROV D�7
i.�
Mitchell S. Kraft,
FORM & LEG
(CORPORATE SEAL)
ATTEST:
r Y), 11�k
Dr. lin L. 1
Superintendent of Schools
o Schreiber, Mayor
APPROVED BY:
Jeffrey L. Willer, City Manager
"FOR SBBC"
THE SCHOOL BOARD. OF BROWARD
COUNTY, FLORIDA
Carole L. Andrews, Chair
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Exhibit A
City Licensed Facilities
Tamarac Sports Complex
9901 N.W. 77 Street
Tamarac, FL. 33321
(954) 724-2445
Tamarac Park
7501 N. University Drive
Tamarac, FL. 33321
(954) 724-2446
Tamarac Community Center
8601 W. Commercial Boulevard
Tamarac, FL. 33321
(954) 724-2445
P.
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Exhibit B
School Board Licensed Facilities
Challenger Elementary School
5703 N.W. 94 Avenue
Tamarac, FL. 33321
(954) 720-4160
Tamarac Elementary School
7601 N. University Drive
Tamarac, FL. 33321
(954) 726-7520
Millennium Middle School
5803 N.W. 94 Avenue
Tamarac, FL. 33321
(954) 718-2800
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