HomeMy WebLinkAboutCity of Tamarac Resolution R-99-224Temp. Reso #8739
September 3, 1999
Page 1
CITY OF TAMARAC
RESOLUTION NO. R-99-�
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO EXECUTE AN
EXTERNAL LEASE AGREEMENT WITH THE SCHOOL
BOARD OF BROWARD COUNTY, FLORIDA FOR THE USE
OF THE ART ROOM IN THE MULTI PURPOSE CENTER TO
BE USED AS AN ART CLASSROOM IN SCHOOL YEAR
1999/2000, 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 the Art Room in the Multi Purpose Center;
and
WHEREAS, the City Manager and the Parks and Recreation Director 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 the use of the Art Room in the Multi Purpose Center, for an art
classroom, located at 7531 North University Drive, for the 1999/2000 school year, attached
hereto as Exhibit A.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA:
Ll
Temp. Reso #8739
September 3, 1999
Page 2
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
agreement between the City of Tamarac and The School Board of Broward County, for use
of the Art Room in the Multi Purpose Center, a copy hereto attached 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Section 3: All resolutions or parts of resolutions in conflict herewith are hereby repealed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 clause, section, other part of application of this Resolution is held by
any court of competent jurisdiction to be unconstitutional or invalid, in part or in application,
it shall not affect the validity of the remaining portion or applications of this Resolution.
Section 5: This Resolution shall become effective immediately upon its adoption.
PASSED, ADOPTED AND APPROVED this day of September, 1999.
JOE SCHREIBER, MAYOR
ATTE
CAR GOL
CITY LERK
RECORD OF COMMIMQN VOTE
MAYOR
SCHREIBER
DIST 1:
COMM. POR
DIST 2:
V/M MISHVJN
DIST 3:
COMM. StN.T
DIST 4:
_ M.ACMEM
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• 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: Art Room, located at the Multi -
Purpose Center, 7531 North University Drive, Tamarac, Florida, 33321.
II. The term of this lease commences August lath or upon execution, whichever is later, and
expires June 18, 2000
III. The property may be used:
a. 7 % 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: Art Classes.
IV. The rental shall be $1.00 per year, payable upon commencement. Additional charges shall
be:
a) Utilities: 1 000.00 per year payable upon commencement.
b) If school programs are held during normal recreation facility operation hours, there
will be no charge for use of city property, except as other wise indicated. If said
school program is held outside the normal recreation facility operation hours and
specific scheduling arrangements are necessary to accommodate school's use of
city facilities, the Board agrees to reimburse Lessor at an hourly rate of $35.80
• V. The Lessor hereby represents that the property described herein is free from frrable 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 Board uses the
premises. 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.
The Board shall provide the Lessor with a certificate of insurance with this
Agreement naming the "CITY OF TAMARAC" as additional insured.
The Board shall obtain and pay for any and all necessary services it requires in
relation to its use of the leased property unless otherwise specified in the
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 bey 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 lease agreement,
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.
Page 1 of 4
VII. The Lessor agrees to comply with the terms and conditions for use of said premises so stated
herein: 0
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.
VIII. 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: With a copy to:
City Manager City Attorney
City of Tamarac City of Tamarac
7525 NW 881h Avenue 7525 NW 881h Avenue
Tamarac, FL 33321 Tamarac, FL 33321
For the School Board: With a copy to:
Principal
Tamarac Elementary School
7601 N. University Drive
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
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.
XII1. 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 Board
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 $15,80,
C. If there is a regularly scheduled use of an area, which would require custodial
services, and should the area be cleaned by Board employees, an agreement on
the cleaning of the area in use will be readied based on an hourly custodial rate of
35.80. The Lessor will have the option of providing custodial services with Lessor's
staff.
Page 2 of 4
C]
d. Charges levied pursuant to the 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 th,e State of Florida; venue to
be Broward County, Florida.
THE SCHOOL BOARD OF BROWARD COUNTY IS DEDICATED TO THE CONCEPT OF
EQUAL ACCESS. THE BOARD WILL NOT DISCRIMINATE AGAINST ANY EMPLOYEE OR
PARTICIPANT IN THIS PROGRAM BECAUSE OF RACE, AGE, RELIGION, COLOR, NATIONAL
ORIGIN, MARTIAL STATUS, DISABILITY, OR SEXUAL ORIENTATION.
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 -4'4 day of
1999.
Signed, sealed and delivered in the presence of:
Robert S. Noe, Jr.
• City Manager
ATTEST:
C:
Carol Gold C/AAE
City CI rk
ED AS TO
itchell S. Kr*
City Attorney
Rec: izs
Joe Schreiber
Mayor
Page 3 of 4
�rrrrrr,
EXTERNAL LEASE AGREEMENT BETWEEN THE CITY OF TAMARAC AND THE
SCHOOL BOARD OF BROWARD COUNTY, FLORIDA FOR USE OF ART ROOM IN THE
MULTI -PURPOSE CENTER, FOR THE 1999/2000 SCHOOL YEAR.
THE SCHOOL BOARD OF BROWARD
COUNTY, FLORIDA
(Corporate Seal) BY:
L is Wexler, Chairperson
-1
ATTEST: DATE: I ,)gl
BY: af
Franklin L. Till, Jr.
Superintendent of Schools
Approved ado Form:
-d arko
1 Board-AttQmey.
.7
Page 4 of 4
EXTERNAL LEASE AGREEMENT BETWEEN THE CITY OF TAMARAC AND THE
SCHOOL BOARD OF BROWARD COUNTY, FLORIDA FOR USE OF ART ROOM IN THE
MULTI -PURPOSE CENTER, FOR THE 199� SCHOOL YEAR.
THE SCHOOL BOARD OF BROWARD
COUNTY, FLORIDA
(Corporate Seal) BY:
is Wexler, Chairperson
ATTEST: DATE: S- ) Y7
BY:
Franklin L. Till, Jr.
• Superintendent of Schools
•
Approved as -Form:
chool Board
ko
Page 4 of 4
CERTIFICATE OF INSURANCE ISSUE DATE (MM/DD/YY) 08/27/99
Producer
\RTHUR J. GALLAGHER & CO. - Boca
THIS CERTIFICA rE IS ISSUED AS A MAT'ITR OF INFORMATION ONLY AND CONMtK� � Q, RIGHTS UPON THE
r +1i�T�- t�'�j
CERTIFICA IT: HOLDER. THIS CERTIFICA rE DOES NOT AMEND. EXTENIG��,Y-T� ik4, AFFORDED
2255 GLADES ROAD
`C`�05ZpIxAGE
BY THE POLICIES BELOW U1 `t NA A' 1
,;UlTE 400E
COMPANIES AFFORDING COVERAGE 99
130( .1, RATON, FL 33431
Company Letter A United National Insurance Company 3k IA.
Phone: 561 /995-6706
Company better B
7 I1SureI
School Board of Broward County, FL
Company Letter (. '
Company Letter D
P.O. Box 5408 - Risk Management
Company Letter E
(~t. Lauderdale, EL 33310
COVERAGES
This Certificate of Insurance or Binder evidences the limits of liability in effect at the inception of the polices Note the
aggregate limits. All claims paid exhaust the aggregate limits and reduce the amount of insurance in force.
['HIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY
PERIOD INDICATED NOT WITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH
RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED
HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS, AND CONDITIONS OF SUCH POLICIES.
CO TYPE OF INSURANCE
POLICY NUMBER
POLICY EFFECTIVE
POLICY EXPIRATION
LIABILITY LIMITS
LTR
DATE (MM/DD/YY)
DATE (MM/DD/YY)
Each Occurrence
Aggregate
A General Liability
CP65042
07/01/99
07/01/00
Bodily $
$
[XI Comprehensive
injury
[XI Premises/Operations
Prom,
[ I Underground Explosion
Dama e S
& Collapse Hazard
BI & PD 5700,000 XS
[XJ Products/Completed
Combined S300,000 SIR
Operations
Incl.
(XI Contractual written
Personal Injury
[XI Independent Contractors
[X] Broad Form Property Damage
fX] Personal Injury
\ Automobile Liability
CP65042
07/01/99
07/01/00
Bodily Injury
$
[X] Any Auto
(Per Person)
[X] All Owned Autos (Prv. Pass)
Bodily injury
$
[ J All owned Autos (Other
(Accident)
'
than Prv. Pass)
Property
$
[XI Hired Autos
Damage
[X] Non -Owned Autos
BI do PO
$700,000 XS
1X] Garage Liability
[1
Combined
M1000 SIR
Excess Liability
BI & PD
[ I Umbrella Form
Combined
5
[ 1 Other Than Umbrella Form
Worker's Compensation
Statutory
And
(Each Accident)
(Disease -Policy Limit)
Employer's Liability
(Disease Each Employee)
Other
CP65042
07/01/99
07/01/00
Description of Operations/Locations/Vehicles/Special Items: Certificate Holder is named as an Additional Insured, but only in respect to the
iability arising from the negligence of the School Board's employees or agents, as their interest may appear.
the School Board of Broward County, FL (Tamarac Elementary) to utilize classroom space at the Multipurpose Building located at 7531 N. University
Drive, Tamarac for the 1999/00 school year.
ERTIFICATE HOLDER
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE
City of Tamarac
CANCELED BEFORE THE EXPIRATION DATE THEREOF, THE
7525 Northwest 88th Avenue
ISSUING COMPANY WILL ENDEAVOR TO MAIL XX DAYS WRITTEN
Tamarac, FL 33321
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT
FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO
OBLIGATION OR LIABILITY OF KIND UPON COMPANY,
ITS AGENTS OR REPRESENTA
Authorized Representative:
If you have any questions, please call (954) 765-8864. (/