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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 Section 3: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict.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 1 �1tct(L,'+ A , 'Te;,t- Lero -#879`Z • 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. (/