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Home My WebLink AboutCity of Tamarac Resolution R-91-0201 2 3 4 to 33 12 33 14 35 16 17 1B 1� a 21 22 23 24 25 26 27 28 29 30 31 34 35 Temp. Reso. # 598.3 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-91- a2 a A RESOLUTION AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE A LEASE AGREEMENT BETWEEN THE CITY OF TAMARAC AND THE SCHOOL BOARD OF BROWARD COUNTY, FLORIDA j AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Tamarac has approved the funding for the construction of the Multi -Purpose Recreational Centers and WHEREAS, the School Board of Broward County operates Tamarac Elementary School within the City of Tamarac adjacent to the site of the Multi -Purpose Centers and WHEREAS, the City of Tamarac and the School Board of Broward County entered into an interlocal agreement for the exchange of land for the construction of the Multi -Purpose Recreational Centers and WHEREAS, the City of Tamarac and the School Board of Broward County actively support and endorse the concept of providing a Multi --Purpose Recreational Center on the grounds adjacent to Tamarac Elementary Schools and NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF TAMARAC, FLORIDA SECTION 1 : That the appropriate City Officials are hereby authorized to execute a Lease Agreement between the City of Tamarac and the School Board of Broward County, Florida SECTION 2 : This Resolution shall become effective immediately upon its passage. PASSED, ADOPTED AND APPROVED this day of , 1991. ATTEST: T CAROL A. EVANS^ CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. _1___7 A}.RUN ` CITYY AT AT RNEY SCHOOL.BD.RESO. RECORD OF COUNCIL VOTE MAIIOR.ABRAPJiY O.WITZ k a'`.> l i•'-� L Aqi L ,... _., ...� "lS! vi 0 i-I ww.r�wew N , ,� 91-czo 10 LEASE AGREEMENT BETWEEN THE CITY OF TAMARAC AND THE SCHOOL BOARD OF BROWARD COUNTY, FLORIDA THIS AGREEMENT, made and entered into by and between the CITY OF TAMARAC, organized and existing under the laws of the State of Florida, hereinafter referred to as the "CITY" and the School Board of Broward County, Florida a body corporate existing under the laws of Florida hereinafter referred to as the "SCHOOL BOARD". W I T N E S S E T H WHEREAS, the CITY has approved the funding for the construction of a Multi -Purpose Recreational Center; and WHEREAS, the SCHOOL BOARD operates Tamarac Elementary School within the City of Tamarac adjacent to the site of the Multi -Purpose Recreational Centers and WHEREAS, the CITY and the SCHOOL BOARD entered into an interlocal agreement for the exchange of land for the con- struction of the Multi -Purpose Recreational Centers and WHEREAS, the CITY and the SCHOOL BOARD actively support and endorse the concept of providing a Multi -Purpose Recrea- tional Center on the grounds adjacent to Tamarac Elementary Schoolt and NOW, THEREFORE, the parties hereto do mutually agree as f of lows: 1. The CITY and the SCHOOL BOARD agree that the above recitals are true and are incorporated herein as it set forth verbatim. 2. PROPERTY DESCRIPTION Attached hereto and made a part hereof as Exhibit "A", and including but not limited to all improvements consisting of the Multi -Purpose Recreational Center. sin I! 0 is 3. TERM The term for which the BOARD leases said property is fifty (50) years from the date of the execution of this Agreement by both parties. 4. RENT The SCHOOL BOARD hereby covenants and agrees to pay to the CITY as rent for said premises, including all improve- ments, the sum of One Dollar ($1.00) per year to be paid to the CITY on the yearly anniversary of the execution of this Lease Agreement. 5. UTILITIES The CITY and SCHOOL BOARD agree the existing electrical meter (meter number IV31218) will service the Multi -Purpose Center as well as the existing recreational facilities on the CITY property. The CITY will bill the SCHOOL BOARD, based on this meter, the prorata share of 50.0% on a monthly basis. 6. PURPOSE The CITY agrees to build and construct a building or buildings and other necessary allied improvements (collectively hereinafter referred to as "THE IMPROVEMENTS") upon said demised premises, for use by the SCHOOL BOARD and the CITY as a Multi -Purpose Recreational Center, in accordance with the provisions and requirements hereinafter set forth, and as set forth in the Interlocal Agreement, 7. INTERLOCAL AGREEMENT This Lease Agreement shall become an amendment to, and part of, the Interlocal Agreement between The School Board of Broward County and the City of Tamarac as adopted on April 13, 1989. 8. ADMINISTRATION The CITY shall be the agency responsible for the administration and management of the Multi -Purpose Recrea- tional Center and shall be responsible for the following: a) The maintenance of the Multi -Purpose Recrea- tional Center, equipment and grounds. -2- b) General supervision of all activities, and direct supervision of City activities. c) Schedule all activities and coordinate with SCHOOL BOARD activities as specified below. The SCHOOL BOARD shall be responsible for the following: a) Establish curriculum content for all SCHOOL BOARD activities, and provide direct supervision and instruc- tion for same. b) Schedule all activities and coordinate with CITY activities. 9. USE AND CONTROL OF FACILITIES a) During the time that the school in the service area is in their regularly scheduled school session, the SCHOOL BOARD is the priority user of the Gymnasium, gymnasium office and locker rooms. Within this time frame, it is the responsibility of the SCHOOL BOARD too provide direct supervision of the recreational center during all school use. This priority use shall not include weekends, holidays, teacher work days or summer school sessions unless otherwise agreed. If the school session is expanded, SCHOOL BOARD agrees to notify CITY sixty (60) days prior to extension of school session. 10. MAINTENANCE The areas herein leased will be maintained by the CITY at all times. 11. DESTRUCTION OF PROPERTY In the event the premises shall be destroyed or so damaged or injured by fire or other casualty during the life of this Agreement, whereby the same shall be rendered unten- antable and unrestorable, then this Lease Agreement shall be cancelled. The cancellation herein mentioned shall be evidenced in writing. 12. PERSONAL PROPERTY All personal property placed or moved on the premises above described shall be at the risk of the owner of -3- is • said personal property, and neither the CITY or the SCHOOL BOARD shall be liable for any damage to said personal property. 13. RECREATIONAL GROUNDS Control of the recreational grounds will be deter - mined in accordance with Paragraph 8 above. 14. LIABILITY The SCHOOL BOARD agrees to supply to CITY a Certi- ficate of Insurance, which Certificate shall reflect general liability insurance for all SCHOOL BOARD sponsored activi- ties, with combined bodily injury/property damage limits of $500,000.00 including the SCHOOL BOARD's self -insured reten- tion, with the City of Tamarac, Florida, as Additional Insured a) SCHOOL BOARD further agrees to save harmless the CITY for any and all liability which may accrue to the CITY as a result of the negligence of the SCHOOL BOARD, its agents or employees, all relative to the use of the Multi - Purpose Recreational Center pursuant to the terms and condi- tions of this Agreement. b) The CITY agrees to save harmless the SCHOOL BOARD for any and all liability which may accrue to the SCHOOL BOARD as a result of the negligence of the CITY, its agents or employees, all relative to the use of the Multi - Purpose Recreational Center pursuant to the terms and condi- tions of this Agreement. c) It is further understood and agreed that neither party to this Agreement waives any of its immunity in these premises as may be given to either party by law. 15. RENOVATION OR ALTERATION The CITY and the SCHOOL BOARD covenant and agree that they will not make renovations or alter the gymnasium, gymnasium office and locker rooms, or any part thereof, in any manner whatsoever without first obtaining the written approval of the other party, which will not be unreasonably withheld, or commit or permit any waste or despoilment of the -4- I* 10 10 premises or the improvements thereon. This paragraph shall not be applicable to new construction as outlined in the Interlocal Agreement. 16. ENTRY UPON GYMNASIUM GYMNASIUM OFFICE AND LOCKER ROOMS The CITY or any of its agents, and the SCHOOL BOARD or any of its agents, shall have the right to enter said gym- nasium, gymnasiuum office and locker rooms during all reasonable hours, to examine same, to make sure repairs, additions or alterations as may be deemed necessary for the safety, comfort or preservation thereof. 17. CONFLICT OF USE The use of said gymnasium, coaches office and locker rooms by the SCHOOL BOARD or the CITY shall be limited and restricted so as not to conflict in any way with the use of said property by the other party, except as specified in paragraph 9. 18. TERMINATION At the termination of this Lease Agreement, whether by lapse of time or otherwise, all additions, restorations or improvements made by the CITY or SCHOOL BOARD shall become the property of the CITY and remain upon the premises as a part thereof, and be surrendered with the premises at the termination of this Lease Agreement. 19. CONTRARY STATEMENT Notwithstanding anything contained herein to the contrary, nothing in this Agreement shall be construed to be in conflict with the Interlocal Agreement and in the event of such conflict, the Interlocal Agreement shall control. -5- ` 1 R''- 10 rI 20.. RIGHTS ARE CUMULATIVE The rights of the CITY and the SCHOOL BOARD under the foregoing shall be cumulative, and failure on the part of the SCHOOL BOARD or the CITY to exercise promptly any rights given hereunder shall not operate to waive any of the said rights. 21. TIME IS OF THE ESSENCE It is understood and agreed between the parties hereto that time is of the essence of this Lease Agreement and this applies to all terms and conditions contained herein. 22. COMPLIANCE The parties hereto covenant and agree to keep and comply with all of the provisions.of this Lease Agreement. They hereto acknowledge receipt of an executed copy of the Lease Agreement. 23. AUTHORITY The parties hereto acknowledge that each party has the legal authority to enter into this Lease Agreement. 24. MODIFICATION No modification to this Lease Agreement may be made except in writing and executed by both parties hereto. 25. VALIDITY The laws of the State of Florida shall govern the validity, performance and enforcement of this Lease Agreement The invalidity or unenforceability of any provision of this Lease Agreement shall not affect or impair any other provi- sions. -6- 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 day of , 1991. Signed, sealed and delivered CIT F TAMARAC FLORIDA- in the presence of By: �. c ceR K ATTE1 ye, Signed, sealed and delivered THE SCHOOL BOARD OF BROWARD in the presence of COUNTY, FLORIDA Approved as to form: School Board Attorney 0 SCHOOLBOARD.AGR 40 -7- By: ATTEST: By: 0 0 uplield 890dundwinw ovuvwv.L lit lit I I� Eli F r EXHIBIT "All 13