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Home My WebLink AboutCity of Tamarac Resolution R-2000-216Temp. Reso. #9090 - July 24, 2000 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2000- 61/ 6 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 THE ART ROOM AND MEETING ROOM #2 IN THE MULTI- PURPOSE CENTER, LOCATED AT 7531 NORTH UNIVERSITY DRIVE, FOR USE AS ART ROOM/MUSIC ROOM/CLASSROOM FOR THE 2000/2001 SCHOOL YEAR, FOR A RENTAL FEE OF $1.00 PER YEAR AND UTILITIES CHARGES AT $1,000 PER ROOM PER YEAR, PAYABLE UPON COMMENCEMENT; 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 the Art Room and 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 the Art Room and Meeting Room # 2 in the Multi - Purpose Center, located at 7531 North University Drive, for use as Art Room/Music Room/Classroom, for the 2000/2001 school year. Temp. Reso. #9090 - July 24, 2000 Page 2 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 External Lease Agreement between the City of Tamarac and The School Board of Broward County, for use of the Art Room and Meeting Room # 2 in the Multi -Purpose Center, for a rental fee of $1.00 per year and utilities charges at $1,000 per room per year, payable upon commencement, a copy of said External Lease Agreement, attached hereto as S SECTION 3: All Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict.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. 1 1 I I 1 Temp. Reso. #9090 - July 24, 2000 Page 3 V� PASSED, ADOPTED AND APPROVED this a13 day of a2UAi 2000. ATTEST: IVIA,RlO`i4 ENSON, CMC CTY CLERK I"HE -�'CERTIFY that I have ap ov d thfsAESQLUTIO s to ITCHELKRAFT CITY A ORNEY JOE SCHREIBER MAYOR RECORD OF COMMISSION V0119 MAYOR SCHREISER DIST 1: COMM. POATNEA DIST 2: COMM. MISHKIN .0 VdU�— DIST 3: COMM. SULTANOF DIST 4: VIM ROSEHTS Temp. Reso. go�o Exhibit A 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 and Meeting Room #2, located at the Multi -Purpose Center, 7531 North University Drive, Tamarac, Florida, 33321. II. The term of this lease commences August 28, 2000, or upon execution, whichever is later, and expires June 15, 2001 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 Room/Music Room/Classroom IV. The rental shall be $1.00 per room per year, payable upon commencement. Additional charges shall be Utilities at $1,000.00 per room per year payable upon commencement. V. The Lessor hereby represents that the property described herein is free from friable 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: 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. 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. VII. The Lessor agrees to comply with the terms and conditions for use of said premises so stated herein and shall furnish light, heat, air conditioning and water by means of appliances installed for ordinary purposes, but for no other purposes. Page 1 of 4 Vill. Each party agrees to be fully responsible for its acts of negligence, or its employees or agent's acts of negligence when acting within the scope of this Agreement and agrees to be liable for any damages resulting from said negligence. Nothing herein is intended to serve as a waiver of sovereign immunity by any agency to which sovereign immunity may be applicable. Nothing herein shall be construed as consent by an agency or political subdivision of the State of Florida to be sued by third parties in any matter arising out of any contract. 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: City Manager City of Tamarac 7525 NW 88th Avenue Tamarac, FL 33321 For the School Board: Superintendent of Schools The School Board of Broward County 600 Southeast Third Avenue Fort Lauderdale, FL 33301 With a cqpy to: City Attorney City of Tamarac 7525 NW 88th Avenue Tamarac, FL 33321 With a co 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 Lessor,"in accordance with School Board Policy 1341, for recreation programs offered by the Lessor under the following condition: 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. 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. XV. Each person signing this Agreement on behalf of either party individually warrants that he or she has full legal power to execute this Agreement on behalf of the party for whom he or she is signing, and to bind and obligate such party with respect to all provisions contained in this Agreement. THE PARTIES SHALL NOT DISCRIMINATE AGAINST ANY EMPLOYEE OR PARTICIPANT IN THIS AGREEMENT BECAUSE OF RACE, AGE, RELIGION, COLOR, GENDER, NATIONAL ORIGIN, MARITAL STATUS, DISABILITY, OR SEXUAL ORIENTATION. Page 2 of 4 A 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 C;7-3 day of , 2000. Signed and sealed in the presence of: ATTEST: Uarion Swenson, CIVIC Citv Clerk /�effpgy L. Miller City Manager Joe Schreiber Mayor Page 3 of 4 w EXTERNAL LEASE AGREEMENT BETWEEN THE CITY OF TAMARAC AND THE SCHOOL BOARD OF BROWARD COUNTY, FLORIDA FOR USE OF TWO ROOMS IN THE MULTI- PURPOSE CENTER, FOR THE 2000/2001 SCHOOL YEAR. ATTEST: F KLIN . TIL , SUP r TENDENT APPROVED AS.60 FORM: BOARORNEY (SEAL) THE SCHOOL BOARD OF BROWARD COUNTY, FLORIDA f971:7A\Wa1:411:4z1fluy.I11:l;j4z&*601 Page 4 of 4