HomeMy WebLinkAboutCity of Tamarac Resolution R-99-268Page 1
Temp. Reso. # 8753
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R 99-268
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 USE OF
MEETING ROOM #2 IN THE MULTI -PURPOSE CENTER
FOR A MUSIC CLASSROOM, FOR THE 1999/2000 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 AN EFFECTIVE DATE.
WHEREAS, to alleviate overcrowding at Tamarac Elementary School, the Broward
County School Board has requested the use of Meeting Room # 2 in the Multi -Purpose
Center; and
WHEREAS, the Director of Parks and Recreation and the 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 the use of Meeting Room # 2 in the Multi -Purpose Center,
for the Music Program Classroom, located at 7531 North University Drive, for the
1999/2000 school year.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
TAMARAC, FLORIDA:
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Temp. Reso. # 8753
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 Meeting Room # 2 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repealed to the extent of such conflict.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 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. # 8753
PASSED, ADOPTED AND APPROVED this/Aday of OeAr4K 1999.
ATTEST:
CAROL GOL CMC/AAE
CITY CLERK
I HEREBY CERTIFY that I have
approved this RESOLUTISJN as to
form. /
MITCHELL S/KRAFI
CITY ATTORNEY
RECA
(J E SCHREIBER
MAYOR
DIST 2: VIM
DIST 3:
DIST 4: COMM
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".
The Board shall lease the following described property: Meeting Room #2, located at the
Multi -Purpose Center, 7531 North University Drive, Tamarac, Florida, 33321.
The term of this lease commences August 30, 1999, or upon execution, whichever is later,
and expires June 18, 2000
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:-AFt-G4asses- Music 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 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 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.
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
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 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 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.
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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.
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 88`h Avenue 7525 NW 88`h 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.
XIII, The Board agrees to make school facilities at Tamarac Elementary School available to the
LessorJfor recreation programs offered by the Lessor under the following conditions:
in accordance with School Board Policy 1341
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.
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 $35.80.
G. 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.
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u9.28 '99 14:34 FAX 9 4 724 1370 T MAR (' C;ITI ATTI S i1FF. '+111111
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 the State of Florida; venue to
be Broward County, Florida.
The parties shall not discriminate against any employee or participant in this program
because of race, age, religion, color, gender, national origin, marital 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 /8 �IdaY of
40bee- , 1999.
Signed, sealed and livered in the presence of:
J ey L Miller
City Manager
ATTEST
Carol Gold C /AAE
City Cle
Rec-izs
�C
Joe Schreiber
Mayor
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09-2B-99 14:36 TO:5BBC PROPERTY MANAGEMENT DEPT FROM:954 724 1370 PO4
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.
U'vatz 11
SECRETARY
Franklin L. Till, Jr.
►- A
0
THE SCHOOL BOARD OF BROWARD
COUNTY, FLORIDA
toig VexlerotHAIRPERSON
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