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Home My WebLink AboutCity of Tamarac Resolution R-91-065Temp. Reso. # &635 25 26 27 28 29 30 32 ): )S CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-91- A RESOLUTION AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE A CROSS -PARKING AGREE- MENT BETWEEN THE CITY OF TAMARAC AND THE SCHOOL BOARD OF BROWARD COUNTY, FLORIDA AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the CITY OF TAMARAC and the SCHOOL BOARD entered into a lease agreement providing use of a Multi - Purpose Recreational Center on the grounds adjacent to the Tamarac Elementary School on February 7, 1991; and WHEREAS, the School Board is expanding the parking lot on the south side of Tamarac Elementary School, adjacent to the Multi --Purpose Center; and WHEREAS, the City of Tamarac is desirous of using the school's parking lot for after-hours usage for special events and the SCHOOL BOARD supports this request; WHEREAS, the SCHOOL BOARD is desirous of using the CITY's parking lot for after-hours usage for special events and the CITY supports this request. 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 Cross -Parking Agreement between the City of Tamarac and the School Board of Broward County, Florida -SECTION 2 This Resolution immediately upon its passage. this /4 day of PASSED, ADOPTED AND APPROVED ATTEST: CAROL A. EVANS CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. AL RU CITY ATT RNEY Cross.Pkg.Reso. NORMAN ABRAMOWITZ MAYOR shall become effective 1991. RECORD OF COUNCIL VOTE MAYOR ADRAMOWITX DISTRICT 1: Q/M VAIZ DISTRICT 2: DISTRICT 3: �V GLA 3 E DISTRICT 4: _Y/—Ni 5001 ,.. . � re- V_67rf CROSS PARKING 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 16 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 Tamarac Multi -Purpose Recreation Center is adjacent to the Tamarac Elementary Schools and WHEREAS, the Multi -Purpose Recreation Center and Elemen- tary School parking lots are parallel to each others and WHEREAS, the CITY OF TAMARAC and the SCHOOL BOARD entered into a lease agreement providing for the use of a Multi -Purpose Recreational Center on the grounds adjacent to the Tamarac Elementary School on February 7, 1991; and WHEREAS, the SCHOOL BOARD is expanding the parking lot on the south side of Tamarac Elementary School, adjacent to the Multi -Purpose Centers and WHEREAS, the CITY is desirous of using the school's parking lot for after-hours usage for special events and the SCHOOL BOARD supports this requests and WHEREAS, the SCHOOL BOARD is desirous of using the CITY's parking lot for after-hours usage for special events and the CITY supports this request: NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS io FOLLOWS: 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", is the site plan of the Multi -Purpose Center and attached hereto and made a part hereof as Exhibit "B" is the parking lot site plan of the Tamarac Elementary School. These are the parcels which are the subject of this Agree - went. 3. TERM The term for which the CITY and SCHOOL BOARD leases said property is 10 years from the date of the execution of this Agreement by both parties. Either party has the option to renew this Agreement within sixty (60) days of the expiration date. 4. PURPOSE The pur2ose of this Agreement is as follows: A. The SCHOOL BOARD agrees to allow the CITY after- hours usage of the school's parking lot for special events. B. The CITY agrees to supervise all CITY after-hours parking lot usage. C. The CITY agrees to allow the SCHOOL BOARD after- hours usage of the CITY's parking lot for special events. D. The SCHOOL BOARD agrees to supervise all SCHOOL BOARD after-hours parking lot usage. E. Both parties agree that all occasions for after- hours usage of either party's parking lot will be coordinated for scheduling purposes with the principal of Tamarac Elementary School and 'the Director of Public Works. F. After-hours usage is defined as after 3:00 p.m. Monday through Friday and all day and night Saturdays and Sundays. 5. INTERLOCAL AGREEMENT This Lease Agreement shall become the second amend- ment to, and part of, the Interlocal Agreement between The School Board of Broward County and the City of Tamarac as ow— r9/_ (0S I, adopted on April 13, 1989. 6. PERSONAL PROPERTY All personal property placed or moved on the premises above described shall be at the risk of the owner of said personal property, and neither the CITY or the SCHOOL BOARD shall be liable for any damage to said personal property. 7. 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. The CITY agrees to supply the SCHOOL BOARD a Certificate of Insurance, which Certificate shall reflect general liability insurance for all CITY sponsored activities using the CITY's self -insured retention, naming the SCHOOL BOARD 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 and the adjacent parking facil- ities pursuant to the terms and conditions of this Agreement. The City of Tamarac is named as an additional insured but only in respect to the liability arising from the negligence of the School Board's employees or its agents. b) The CITY agrees to save harmless the SCHOOL BOARD for any and all liability which may accrue to the 10 SCHOOL BOARD as a result of the negligence of the CITY, its agents or employees, all relative to the use of the parking facilities adjacent to the Tamarac Elementary School pursuant to the terms and conditions of this Agreement. The School Board is named as an additional insured but only in respect to the liability arising from the negligence of the City of Tamarac's employees or its agents. 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. a. 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. 9. 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. 10. TIME IS OF THE ESSENCE It is understood and agreed between the parties hereto that time is of the essence of this Cross -Parking Agreement and this applies to all terms and conditions contained herein. 11. COMPLIANCE The parties hereto covenant and agree to keep and comply with all of the provisions of this Cross --Parking Agreement. They hereto acknowledge receipt of an executed copy of the Cross -Parking Agreement. 12. AUTHORITY The parties hereto acknowledge that each party has the legal authority to enter into this Cross -Parking Agree - went. 13. MODIFICATION -� No modification to this Cross -Parking Agreement may be made except in writing and executed by both parties hereto. 14. VALIDITY The laws of the State of Florida shall govern the validity, performance and enforcement of this Cross -Parking Agreement. The invalidity or unenforceability of any Provision of this Cross -Parking Agreement shall not affect or impair any other provisions. 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 _jam,_ day of 421991. Signed, sealed and delivered in the presence of Signed, sealed and delivered THE SCHOOL BOARD OF BROWARD in the presence of COUNTY, FLORIDA By: ATTEST: By: Approved as to form: School Board Attorney crossparkingagr » CROSS PARKING AGREEMENT BEWEEN THE CITY OF TAMARAC AND BROWARD COUNTY SCHOOL BOARD EXI:iIBIT "A" j �T ^.r ` r i i ._ _ _-1,fO•-- .fir - - . �'.,•',...--ONE •"T ( I VA z EXISTING TENNIS-- COUR S- rTO BE REM D � X �URF BLOCK LANDSCAPE BUFFER .1 X I 1 MONUMENT SIGN 12J B' I q D -41 I i tNew- t •� ,:\� \\\gin ZZ fn I w I on r•,' "" .4, •�`�{� 1 II� ' l M1 �.... 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