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HomeMy WebLinkAboutR-88-0295j-98-313 3/28/88 RESOLUTION NO. 149-29 A RESOLUTION AUTHORIZING AN AMENDMENT, IN SUBSTANTIALLY THE FORM ATTACHED HERETO AND IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO THE LEASE AGREEMENT DATED DECEMBER 29, 1987, BETWEEN THE CITY OF MIAMI AND THE SCHOOL BOARD OF DADE COUNTY FOR THE USE OF ATHALIE RANGE PARK, LOCATED AT 525 NORTHWEST 62 STREET, TO EXPAND THE USES ALLOWED, TO INCLUDE USE OF THE PAVED PARKING LOT ADJACENT TO THE SWIMMING POOL, DURING SCHOOL HOURS. WHEREAS, on December 29, 1987, a lease agreement between the City of Miami (City) and the School Board of Dade County (School Board) was executed for recreational and playground purposes at Athalie Range Park, in conjunction with neighboring schools; and WHEREAS, representatives from City, School Board and the neighboring community have met to devise a solution to traffic congestion and other related problems in the neighborhood; and WHEREAS, it was determined that the most feasible proposal could be effected by amending the existing lease agreement between the City and the School Board; NOW THEREFORE BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The City Manager is hereby authorized to execute an amendment, in substantially the form attached hereto and in a form acceptable to the City Attorney, to the lease agreement dated December 29, 1987, between the City of Miami and the School Board of Dade County for the use of Athalie Range Park, located at 525 Northwest 62 Street, to expand the uses allowed, to include use of the paved parking lot adjacent to the swimming pool; during school hours. ATTACHMENTS CITY COMMISSION MEETING OF APR14 1988 A No!7p3_� rl r T PASSED AND ADOPTED this J-4-tk- day of April ATTICS MA HIRAI, CITY CLERK PREPARED AND APPROVED BYt ROBERT F. CLARK CHIEF DEPUTY CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: 2 of 2 R Li. MAYOR f SA LEASE AMENDMENT THIS LEASE AMENDMENT, entered into this day of , 1988, by and between the CITY OF MIAMI, a municipal corporation of the State of Florida (hereinafter called the "LESSOR"), and THE SCHOOL BOARD OF DADE COUNTY, FLORIDA a political subdivision of the State of Florida (hereinafter called the "LESSEE"), WITNESSETH: WHEREAS, LESSOR and LESSEE entered into that certain lease dated December 29, 1987, hereinafter called the LEASE, and WHEREAS, LESSOR and LESSEE now desire to provide for parking privileges at Athalie Range Park, NOW, THEREFORE, in consideration of the covenants herein contained and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, LESSOR and LESSEE agree as follows: 1. Article II, second paragraph, is hereby amended to add the following provision: "LESSEE shall have the right to utilize the parking lot on the Leased Premises for parking. LESSOR reserves the right for the public to park in said parking lot during all hours of operation of the park." 2. Article XV is amended to amended to add the following provision: "D. LESSEE will provide for security during its period of use of the Leased Premises at its sole cost and expense." 3. All other items and conditions of the LEA8a shall remain is full force and effect and are hereby ratified and confirmed. V Cd IN WITNESS WHEREOF, LESSOR and LESSER have caused these presents to be duly signed and executed by their proper officers and their respective seals to be affixed, all as of the day and year first above written. THE CITY OF MIAMI, FLORIDA a municipal corporation of the State of Florida By: I ( Sea I) Cesar Odio City Manager Attest: Natty Hirai City Clerk Approved As To Form And Correctness: Lucie A. Dougherty City rttorney TUB SCHOOL BOARD OF DADE COUNTY, FLORIDA a political subdivision of the State of Florida By: (Seal) Michael Krop Chairman Attest: Joseph Fernandes Secretary Approved As To Form: Attorney For The Board F;"95 . 0 I To Honorable Mayor and Members of the City Commission F'ROM Cesar H. Odfci City manager' J RECOMMENDATION: CITY OF MIAMI. FLORIDA INTRO-OFFICt MEMORANDUM CAYE MAR 3 1 1988 $,LE SUBJECT Resolution Authorizing an Amendment to the Lease Agreement with the Dade County School Board RERERENCES ENCLOSURES It is respectfully recommended that the City Commission adopt the attached resolution authorizing an amendment to the lease with the Dade County School Board for the use of Athalie Range Park, located at 525 Northwest 62 Street. BACKGROUND: The General Services Administration Department met with representatives from the Dade County School Board (School Board) and community residents to discuss traffic congestion and other problems in connection with Miami Edison High School. The school recently initiated a two -shift system, with the result that the school premises are no longer adequate for staff and student parking. consequently cars are oeing parked in the neighboring streets and conditions are such that there is conflict with community residents. The City entered into a lease agreement on December 29, 1987 with the School Board for the use of Athalie Range Park for recreational and playground purposes. The park contains a paved parking lot, adjacent to the public swimming pool, which is little used during the day. In an effort to alleviate the congestion and to find a permanent solution to the problem, it is proposed that the School Board be allowed to use the parking lot jointly with members of the public who wish to use the swimming pool. The School Board will stripe and maintain the lot, in addition to providing security for its use during the school day. The existing lease limits the use of the premises to recreational purposes. An amendment to the lease would expand the use of the property to include use of the parking lot by the School Board. Attached: Proposed Resolution Proposed Amendment to Lease Agreement o26 / is SS-295 .