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HomeMy WebLinkAboutCity of Tamarac Resolution R-77-091Proposed by:_ Introduced by: e rn 4 Temp.#771 CITY OF TAMARAC, FLORIDA RESOLUTION NO. - 77-�Fl A RESOLUTION AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO ENTER INTO A LEASE AGREEMENT WITH BROWARD COUNTY SCHOOL BOARD. WHEREAS, the Broward County School Board has offered to lease to the City of Tamarac facilities at Tamarac, Elementary School for a municip&I recreation program, and WHEREAS, the City of Tamarac wishes to accept the offer made by the Broward County School Board. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: That the Appropriate City Officials are hereby authorized and directed to enter into a lease agreement , copy of which is attached hereto and made a part hereof-u SECTION 2: This Resolution becomes effective immediately upon its adoption. PASSED, ADOPTED AND APPROVED this ATTEST: I HEREBY CERTIFY that I have approved the form and correctness of this RESOLUTION. CITY ATTORNEY day of MAYOR 1977. RECORD OF COUNCIL MOTE MAYOR W. FALCN V/M H. MASSARO C/M M. WEINBERGER C%M 1, M. OlSRAELLY CjM N. KEIKA e� r i THIS ACREE �lT, made and entered into b and between T�t� s �' • � y 'E, SCHOOL BOARD OF BR VIARD COUNTY, r LOR I DA, a body corporate ex i st i ng under the tags of Florida, here i naf+er referred to as the "Boards', and' the CITY OF TAMARAC FLORIDA, a municipal corporation organized and existing under the laws of the State of Florida, herein-" after referred to as the "City," W I TNESSETH: WHEREAS; the Board is the contro 1 I i ng body of the Pub 1 i c Schools of Broward- County , Florida and does own. a certain school site known as Tamarac Elementary School Site No. 2621; and WHEREAS, by reason of the heavy demands existing in the City as a result of the increase of the population of school children, the Board is required to expend all of the available money for the operation of classrooms and thus is greatly limited in funds which can be made available for the development and improvements of the school grounds as parks and well-equipped playgrounds; and WHEREAS, i t i s the pu rpose and po I i cy of the C i ty to develop, operate and maintain parks and community recreational facilities; and WHEREAS, the C i ty i s w i I I i ng to expend certain funds for the equipping and improving of a portion of, the school grounds to be used for park and playground purposes in conjunction with the Board; and WHEREAS, the Board and the City ity believe that such an arrangement will be of mutual benefit to all parties and will fill a great need in that area of the community and that cooperation between the parties hereto w i l I result in great benefit to the citizens of the City of Tamarac; NOVI, THEREFORE for and in consideration of the premises and benefits flowing to each party, the parties hereto do mutually agree . as follows: I. The Board does hereby lease to the City the area shown on the sketch attached hereto and made a part hereof as prepared by THE SCHOOL BOARD OF BRO�'�ARD COUNTY D FLOR 1 DA -�' SCHOOL PL A N l NG DEP ARTIVIE�?` under the terms and conditions hereinafter set forth. 2. The term for which the City leases said premises is forty ( 40) years from the date of this lease, at a yearly rental of S I . o0 per year, payable to the Board on the yearly anniversary of this lease. It is specifically understood and agreed that by mutual agreement of the parties hereto, the term of this lease may be shortened or extended, subject to the provisions of Paragraph 5 hereinafter set forth • 3. The uses and purposes to which the City shall put said premises shall be for playground and recreat i ona 1 purposes available to the citizens of the area. The facilities herein leased are to be used strictly for recreational purposes and no advertising or food concessions, or the renting of same, shall be perm i tted unless specifically approved by the Board in writing, ti 4. The use of said prenises by the City shaII be Iimitea and restricted so as not to con f I i c =' in any way* with the use of said property by the Board in its Public Education Program, and the use of said property by the City and shall be at all times in compliance with the laws of the State of Florida n� - co ..e, nr ng the use of school prope�riY and the loca+ion of any and a I recreations I improve, ents to be placed on the leased premises, including b:.i t not limited to baseball diamonds,. buildings, lights, etc. (other than as shown on the attached sketch) shall first be approved in writing by the Board, it being intended that the Boa .-- Board shall I have absolute control over the I o%cat i on of any recreational facilities before they are placed on the leased premises. Any facilities placed on said leased premises without the prior written approval of the Board as to location shall immediately be removed or relocated within ten days o f written demand by the Board, 5. The City agrees to take such action within its discretion is proper for a playground area on the premises above 'described,, subject, however, to the power and authority of the Board upon 90 days' written notice to the City to cancel this lease as to any designated area which the Board determines is needed exclusively for school building purposes or for any other school purposes. The Board's determination in this regard shall be conclusively binding upon all parties.' 6. It is specifically agreed between the parties hereto that at any time the Board desires to cancel and/or terminate this entire lease, it shall have the conclusive right to do so, provided, however, , that in the event the Board so elects, the City shall be given 90 days' written notice prior thereto and in the event of cance I I ation, the Board shall reimburse the City for the then remaining value of the City installed recreational facilities. In the event the parties hereto cannot mutually agree on said v a - u .9 value, same shall be appraised by three (3) appraisers; one selected by the Board; one selected by the City; and the third appraiser selected by the two appraisers appointed,, In the event of such appraisal of the value, the average of the three (3) appraisers shall be the amount the Board. shall pay, in the event it desires to cancel and/or to rn i nate this lease as aforesaid. It. is further agreed that the Board shall be obligated to pay the fee of the appraiser selected by the Board; the City sha I I • be obligated to 'pay the fee of the appraiser selected by the City; and the City and Board shall each pay 50% of the fee of the appraiser selected by the two aforementioned appraisers, 70 it shall be the responsibility of the City to keep the recreational grounds herein leased clean, sanitary, and free from trash - and debris, and also the recreational grounds shall be mowed to prevent' unsightly accumulation of weeds and other vegetation. Upon f a i I u re of the City to comply with the provisions of this section , the Board shall give written notice to� the City of such f a i I u re to . comp I y, by Certified Ma i I , Return Receipt Requested. I f , after a period of ten (10) days of such mailing, the City has not commenced to complete ete the cleaning and/or r.:ow wing g of said recreational area, the Board shall have the right to enter upon the premises, remove trash and debris fro.^ the area, and/or mow the area, and charge the City the cost to the Board for such services. Billing for trash and debris removal and/or mowing shall be on a per cleaning o.r per mop; i ng basis, and shall be due and payable within fifteen (15) days after receipt by the City. Notwithstanding any of the provisions of the forecoi ng paragraph, the parties further agree that the City, i n addition to the above, w i I I clean up the premises after each and every event it sponsors and the Board will be respons i b i e to clean up after each and every event i Y it sponsors. Page is too large to OCR. No Text