HomeMy WebLinkAboutR-87-0891J#-87-862
9/21/87
RESOLUTION NO. 8 7-891.
A RESOLUTION AUTHORIZING THE CITY MANAGER
TO ENTER INTO A LEASE AGREEMENT, IN
SUBSTANTIALLY THE FORM ATTACHED HERETO,
WITH THE SCHOOL BOARD OF DADE COUNTY,
WHICH SHALL BE IN A FORM ACCEPTABLE TO
THE CITY ATTORNEY; SAID LEASE AGREEMENT
SHALL BE FOR A FIVE-YEAR PERIOD, WITH
SUCCESSIVE ONE-YEAR RENEWAL PERIODS, UPON
MUTUAL CONSENT BY BOTH PARTIES; THE
FACILITIES TO BE USED ARE CITY OF MIAMI'S
LEMON CITY, ATHALIE RANGE, GIBSON, GRAND,
WEST END AND SHENANDOAH PARKS, FOR A
RENTAL FEE OF $1.00 PER YEAR, PLUS SIXTY
PERCENT (60%) OF THE ACTUAL COST TO
MAINTAIN THE PREMISES, FOR A TOTAL
INITIAL PAYMENT OF $101,200 FOR THE 1986-
1987 FISCAL YEAR.
WHEREAS, the CITY of Miami owns certain recreational
properties at Lemon City, Athalie Range, Gibson, Grand, West End
and Shenandoah Parks; and
WHEREAS, the SCHOOL BOARD of DADE COUNTY desires to utilize
the City's facilities at the aforementioned parks as playground
and recreational areas in connection with their educational
objectives; and
WHEREAS, these objectives may be best achieved through joint
action of the City and the School Board of Dade County; and
WHEREAS, the City is making the properties available for
such purposes in the most cost effective manner; and
WHEREAS, the School Board of Dade County will still permit
the public to use the premises at all times for recreational and
playground purposes and will not interfere with the City's use of
same; and
WHEREAS, the School Board of Dade County initially proposed
a twenty-five year lease agreement with an annual rental of
$1.00, and in addition agreed to pay 40% of actual costs to
maintain the parks; and
WHEREAS, by Motion 87-246 the City Commission
counterproposed a lease agreement for a one-year period, with
twenty-four yearly renewal periods at the City's option, to be
reviewed by the City commis'" �p�ally; and CITY CO SSION
— �7 1 MEETING OF
ATWOMME ITS
ENCLURM
OCT 222 %19$1
DN No. "" "
WHEREAS, the City Commission later passed Motion 87-342
deferring consideration of said lease agreement; and
WHEREAS, in July 1987, representatives of the City and the
School Board met in an effort to resolve this matter and the
herein resolution is a result of those endeavors to effect a
mutually satisfactory agreement on this subject;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The City Manager is hereby authorized to enter
into a lease agreement, in substantially the Corm attacnea
hereto, with the School Board of Dade County, which shall be in a
form acceptable to the City Attorney; said lease agreement shall
be for a five-year period, with successive one-year renewal
periods upon mutual consent of both parties; the facilities to be
used are City of Miami's Lemon City, Athalie Range, Gibson,
Grand, West End and Shenandoah Parks, for a rental fee of $1.00
per year, plus sixty percent (60%) of the actual cost to maintain
the premises, for a total initial payment of $101,200 for the
1986-1987 fiscal year.
PASSED AND ADOPTED this 22nd day of October 1987.
XAVIER Lt.,UAREZ
MAYOR
ATT
MAT HIRAI, CI CLERK
PREPARED AND APPROVED BY:
ROBERT F. CLARK
CHIEF DEPUTY CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
. DOUGHERTY, CITY ATTORNEY
87-891
2
LEASE AGREEMENT
THIS LEASE AGREEMENT,' made and entered into this
day . of , 198_r___, by and between the
CITY OF MIAM1, 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"),
by ITNES SETH :
WHEREAS, the LESSOR and LESSEE are mutually interested in
and concerned with providing and making available recreational
and educational programs, activities and facilities for the use
and benefit of the people of the City of Miami; and
WHEREAS, the LESSOR owns and has under its jurisdiction
certain recreational and other property capable of being utilized
at mutually suitable times for suitable LESSEE's programs; and
WHEREAS, it has become desirable and necessary for the
LESSEE to utilize LESSOR's property as a playground in connection
with the LESSEE'S educational objectives; and
WHEREAS, these objectives may be best achieved through joint
and coordinated action of the LESSOR and the LESSEE in making the
LESSOR's -property available for such purposes in the most cost
effective manner; and
WHEREAS, the Board of City Commissioners by the adoption of
— Resolution No. �, at its meeting on , approved
this Lease Agreement; and
WHEREAS, the School Board has authorized the lease of said
lands in accordance with Board Action No. �, at its
meeting on ;
NOW, THEREFORE, in consideration of the mutual covenants
hereinafter contained, the parties hereto agree as follows:
_ r
I. PREMISES TO BE LEASED
r
For and in con 'deration of the mutual covenants hereinafter
set forth, and other good and valuable consideration, the receipt
of which is hereby acknowledged, LESSOR does hereby lease to
! LESSEE the property iescribed on the attached legal description
o
in Exhibit A. hereinafter called the "LEASED PREMISES".
II. TERM OF LEASE AGREEMENT
The term of this Lease Aqreement shall be five (5) years,
commencing as of the first day of October, 1987 and expiring
five (5) years later, unless sooner terminated as set forth
herein, and may be renewed for additional successive periods of
one (1) year each, as mutually agreed upon by the parties.
III. USE OF PROPERTY
The specific area of use by LESSEE shall be limited to the
area identified in Exhibit A. LESSEE shall supervise and have
control over the specified area during regular school hours on
regular school days. LESSOR reserves the control and use of the
said area for the public at all other times.
The LEASED PREMISES shall be utilized as a school playground
and recreation area and for purposes incidental thereto.
LESSOR reserves the right to construct recreational
,Facilities on the LEASED PREMISES at such time as it shall be in
the best interest of the community, as may be determined solely
by LESSOR . Such facilities shall be subject to the supervision
of maintenance and maintenance by LESSOR.
LESSEE shall have exclusive use of the DEMISED PREMISES
during regular school hours on regular school days. LESSEE may
permit the public to use the LEASED PREMISES for recreational and
playground purposes and for no other purposes, when such use will
not interfere with LESSEE's use of the same, in accordance with
School Board policy..
Should a community organization or group desire to use the
LEASED PREMISES, such use shall be for no other purpose than
2.
A A
those mentioned above and such organization or group shall first
secure the written approval if LESSOR through its City Manager,
always provided that the requested use shall not be during
regular school hours and shall be in accordance with such
requirements as may be imposed by LESSEE. The use of the LEASED
PREMISES for carnivals, fairs, exhibits, mechanical rides,
midways, or the same or similar kinds of activities, is
specifically prohibited.
LESSEE shall not engage in the sale of food, drink,
alcoholic beverages, or the sale of any other merchandise to the
public without first obtaining the written consent of LESSOR,
which consent shall not be unreasonably withheld.
LESSEE may promulgate and enforce reasonable rules and
regulations governing the use of said recreational facilities by
the public during school hours with written approval of the
LESSOR. During after -school hours and the period of summer
recess, June through August, LESSOR'S recreation programs shall
take precedence. Programs shall be coordinated between LESSOR
and LESSEE during this time period.
IV. IMPROVEMENTS
LESSEE agrees that no construction, repairs, alterations or
improvements may be undertaken by it upon the LEASED PREMISES
unless the plans:
(1) Be first submitted to LESSOR'S General
Services Administration Department, for presentation
and review by all departments and offices with
jurisdiction, and
(2) Be approved by the Miami City Manager, which approval
shall not be unreasonably withheld, and
(3) Be in compliance with all applicable State,
County, School Board and City rules and
regulations.
3.
Such improvements are to be at the sole cost and expense of
LESSEE. Upon completion of cons:r-action, copies of the paid
invoices, receipts and other such documents shall be submitted to
LESSOR by LESSEE and shall be considered as having been
incorporated herein and attached her. -to for proof thereof. Upon
the termination, cancellation or expiration of this Lease
Agreement or any extension thereof, all permanent improvements,
in their then existing conditions, shall become the property of
LESSOR without any compensation due LESSEE, except as provided
for in Section XIV below.
V. CONSIDERATION
LESSEE does hereby covenant agree to pay LESSOR as
consideration for the use and occupancy of the LEASED PREMISES
throughout the term of this Lease Agreement and any renewal
thereof, the sum of One Dollar ($1.00) per year in advance,
beginning on the date hereof and on the anniversary date of each
and every year thereafter.
VI. NO LIABILITY FOR PERSONAL PROPERTY
LESSOR and LESSEE agree to insure or self insure their
respective interests in personal property to the extent each
deems necessary or appropriate and hereby mutually waive all
rights to recovery for loss or damage by any means and waive all
rights to recovery for loss and damage to such property by any
cause whatsoever. LESSOR and LESSEE hereby waive all rights of
subrogation against each other under any policy or policies they
may carry or on property placed or moved on the LEASED PREMISES.
VII. INDEMNIFICATION
LESSEE covenants and agrees that it shall indemnify, hold
harmless and defend LESSOR, for the hours of use by LESSEE,
during regular school hours on regular school days from and
against any and all claims suits, actions, damages or
4.
causes of action arising during the term of this Lease Acreemelnt
for any personal injury, loss of life o-- damage to property
sustained in or about the LEASED PREMISES, by reason of or as a
result of LESSEE'S occupancy thereof, to the extent of the
limitations included within Florida Statut-s, Section 768.28,
subject to the provisions in this Act whereby LESSEE shall not be
liable to pay a personal injury or property damage claim or
judgment by any one person which exceeds the sum of $100.000. or
any claims or judgments or portions thereof, which, when totaled
with all other claims or judgments paid by LESSEE arising out of
the same incident or occurrence, exceeds the sum of $200,000,
from any and all personal injury or property damage claims
liability, losses and causes of actions which may arise solely as
a result of LESSEE'S negligence in its use of the DEMISED
PREMISES.
ttcwever, nothing in this section shall indemnify LESSOR for
any liability or claim arising out of the negligence, performance
or failure of performance required of LESSOR.
VIII. UTILITIES
LESSOR shall pay for all utilities consumed on the premises
as well as all connection and installation charges thereof acid
waste collection fees, if any.
IX. MAINTENANCE OF DEMISED PREMISES
LESSOR shall have sole responsibility for the maintenance of
the LEASED PREMISES except that improvements placed thereon by
LESSEE shall be maintained by LESSEE. Maintenance shall consist
of mowing, edging, trimming, trash and litter removal, irrigation
(function and repair), fence and barrier repair, and field
maintenance, if applicable, as more specifically outlined in
Exhibit H, attached hereto and made a part hereof.
5.
LESSEE agrees to pay LESSOR sixty percent (601) of LESSOR's
actual annual costs for its maintenance of the LE: "SD PREMISES.
LESSOR agrees to provide LESSEE with the appropriate
documentation demonstrating actual costs incurred. An annual
review of these costs will be performed by LESSOR any, LESSEE to
determine the exact amount to be paid by LESSEE for its share of
maintenance as provided by LESSOR.
X. ASSIGNMENT AND SUBLETTING OF PREMISES
LESSEE shall not, at any time during the term of this Lease
Agreement, sublet any part of the LEASED PREMISES, or assign this
Lease Agreement or any portion or part thereof, except and by
virtue of written authorization granted by the Miami City Manager
to LESSEE, after approval by the Miami City Commission, which
assignment shall be conditioned upon the proposed assignee's
compliance with all City of Miami conflict of interest
provisions.
XI. SUCCESSORS AND ASSIGN
This Lease Agreement shall be binding upon the parties
herein, their heirs, executors, legal representatives, successors
and assigns.
XII. EXAMINATION OF PREMISES
LESSEE agrees to permit LESSOR'S City Manager or his
designee to enter upon the LEASED PREMISES during all reasonable
warking hours for any purpose LESSOR deems necessary to, incident
to or connected with the performance of LESSOR'S duties and
obligations hereunder or in the exercise of. its rights and
functions, provided LESSOR does not unreasonably interfere with
or unduly burden. LESSEE'S operations.
XIII. ADVERTISING
LESSEE shall not permit any signs or advertising matter to
be placed on any portion of the LEASED PREMISES except with prior
written approval of the Miami City Manager or his designee, which
approval shall r,-'- be unreasonably withheld.
6. ��
XIV. TERM1NATION
LESSEE and LESSOR agree that they shall perform and bide
by all the terms and convenants of this Lease Agreement. In the
event of any breach of any such terms or convenants, the party in
breach shall be given thirty (30) days written notice to :ure
said breach. failing which the non -breaching party shall have the
right to terminate this Lease agreement.
LESSOR may terminate this Lease agreement for any reason
upon giving twelve (12) months prior notice in writing to LESSEE
of LESSOR'S intention to cancel this Lease Agreement, If LESSOR
cancels this Lease Agreement for reasons except as provided for
in Section XXVI. LESSOR shall compensate LESSEE for the expense
of improvements made to the LEASED PREMISES as evidenced by the
documents included under Section III. This compensation shall be
paid to LESSEE by LESSOR based upon the depreciated estimate of
value of said improvements. Payment of the said compensation
shall be made as of the date of the cancellation by LESSOR of
this Lease Agreement.
If either LESSOR or LESSEE is in disagreement with the
depreciation estimates then this compensation shall be paid
to LESSEE by LESSOR based upon two independent appraisals.
Appraisers shall be selected by LESSOR and LESSEE. Appraisals
shall give consideration to the purchase price, present value and
depreciation of said improvements. This shall include small
installations as well as capital improvements. LESSOR and LESSEE:
agree to pay for their individual appraisals.
LESSEE may terminate this Lease Agreement at any time by
giving LESSOR thirty (30) days prior written notice.
XV. NOTICE AND GENERAL CONDITIONS
A. AU notices or other communications which shall or may
be.given pursuant to this Lease Agreement shall be in writing and
shall be delivered by personal service or by registered mail
7.
addressed to the parties at their respective addresses indicated
below or as the same may be changed in writing from time to time.
Such notice shall be deemed given on the day on which personally
served, or if by mail, on the fifth day after being pasted or the
date of actual receipt, whichever is earlier.
NOTICE TO LESSOR:
CITY OF MIAMI
City Manager
P.O. Box 330708
Miami, Florida 33133-0708
NOTICE TO LESSEE:
SCHOOL BOARD OF DADE
COUNTY, FLORIDA
Superintendent of Schools
1450 NE Second Avenue
Miami, Florida 33132
B. Title and paragraph headings are for convenient _
reference and are not intended to confer ,any rights or
obligations upon the parties to this Lease Agreement.
C. In the event of a conflict between the terms of this
Lease Agreement and
any
terms
or
conditions contained
in any
attached documents,
the
terms
of
the attached documents
shall
govern.
XVI. SPECIAL ASSESSMENTS OR TAXING DISTRICTS
Any and all charges, taxes, or assessments, levied against
the LEASED PREMISES shall be paid by LESSOR.
XVII. SURRENDER OF PREMISES
Upon termination of this Lease Agreement by lapse of time or
otherwise, LESSEE shall promptly and peacefully surrender and
deliver possession of the LEASED PREMISES to LESSOR in accor9ance
with the covenants herein contained.
XVIII. NON-DISCRIMINATION
LESSEE agrees that there will be no discrimination against
any person based upon race, color, sex, religious creed,
ancestry, national origin, mental or physical handicap, in the
use of the LEASED PREMISES and improvements thereof. It is
8. '�
expressly understood that upon a determination by a court of
competent jurisdiction that discrimination has occurred, LESSOR
shall have the right to terminate this Lease Agreement.
XIX. AMENDMENTS
LESSOR and LESSEE, by mutual agreement, shall have the right
but not the obligation to amend this Lease Agreement. Such
amendments shall be effective only when signed by both LESSOR and
LESSEE and shall be incorporated as a part of this Lease
Agreement.
XX. AWARD OF AGREEMENT
LESSEE and LESSOR warrant that they have not employed or
retained any person employed by LESSOR or LESSEE to solicit •or
secure this Lease Agreement and that they have not offered to
pay, paid, or agreed to pay any person employed by LESSOR, or
LESSEE any fee, commission, percentage, brokerage fee, or gift of
any kind contingent upon or resulting from the award of this
Lease Agreement.
XXI. CONFLICT OF INTEREST
To the best of their knowledge and belief, LESSEE AND LESSOR
both state that no person under their employ who presently
exercises any functions or responsibilities in connection with
this Lease Agreement has any personal financial interests„ direct
or indirect, in this Lease Agreement.
XXII. CONSTRUCTION OF AGREEMENT
This Lease Agreement shall be construed and enforced
according to the laws of the State of Florida.
XXIII. SEVERABILITY
In the event any paragraph, clause or sentence of this Lease
Agreement or any future amendment is declared invalid by a court
of competent jurisdiction, such paragraph, clause or sentence
shall be stricken from the subject Lease Agreement and the
9.
I
Ld
1;�
balance of the Lease Agreement shall not be affected by the
deletion thereof.
XXIV. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS
Both parties hereby agree that they shall comply with all
applicable laws, ordinances and codes of Federal, State and Local
Governments as they apply to this Lease Agreement.
XXV. WAIVER
No waiver of any provision hereof shall be deemed to have
been made unless such waiver be in writing and signed by LESSOR
or LESSEE. The failure of either party to insist upon the strict
performance of any of the provisions or conditions of this Lease
Agreement shall not be construed as waiving or relinquishing in
the future any such covenants or conditions but the same shall
continue and remain in full force and effect.
XXVI. DEFAULT PROVISION
LESSOR shall provide LESSEE with written notice of any
failure to perform or comply with the terms and conditions
contained herein to be performed by LESSEE. If LESSEE fails to
cure said default within a reasonable period of time, LESSOR
shall give LESSEE notice of such fact and shall have the right to
terminate this Lease ,agreement, upon which event the only
remaining obligations shall be as set forth in the compensation
schedule as provided for in Section XIV.
LESSEE shall provide LESSOR with written notice of any
failure to perform or comply with the terms and conditions
contained herein to be performed by LESSOR. If LESSOR fails
to cure said default within a reasonable period of time, LESSEE
shall give LESSOR notice of such fact and shall have the right to
terminate this Lease Agreement.
XXVII. ENTIRE AGREEMENT
This Lease Agreement represents the total agreement between
the parties. All other prior agreements between the parties,
either verbal or written, are superceded by this Lease Agreement
and are therefore no longer valid.
IN WITNESS WHEREOF, the parties hereto have individually,
through their proper officials, executed this Lease Agreement the
day and year first hereinabove written.
THE CITY OF MIAMI, FLORIDA THE SCHOOL BOARD OF DADE
a municipal corporation of COUNTY, FLORIDA, a
the State of Florida
BY: ( Sea 1)
Cesar Odio
City Manager
ATTEST:
Matty Hirai
City Clerk
APPROVED AS TO FORM AND
CORRECTNESS:
Lucia A. Dougherty
City Attorney
APPROVED AS TO INSURANCE
REQUIREMENTS:
political subdivision
of the State of Florida
BY: (Seal)
Paul Cejas
Chairman
ATTEST:
Joseph Fernandez
Secretary
APPROVED AS TO FORM:
Attorney For Board
EXHIBIT B
MAINTENANCE AGREEMENT
LEMON CITY PARK SITE
City of Miami
a. Mowing of entire park area on a bi-weekly basis.
b. Edging of entire park area on*a bi-weekly basis.
c. Trash and Litter removal on a weekly basis and after special
events.
d. Trimming on a bi-weekly basis.
e. Responsible for all fence and barrier repair, field
maintenance and irrigation repairs and functions as
required.
f. Sole responsibility for Lemon City Day Care Center.
g. Maintenance and repair of all improvements placed on
park site by City.
School Board
a. Payment of 60% of actual annual maintenance costs.
b. Maintenance and repair of all improvements placed on
park site by Board.
c. Sole responsibility for school site adjacent to park.
EXHIBIT A
ATHALIE RANGE PARK (FORMERLY EDISON CENTER)
525 NW 62nd STREET
LEGAL DESCRIPTION
Edison Center Park, Plat Book 48,
Page 50 Less north 2001. All
unnumbered Tract Less N 200 feet.
Area: 11.85 acres
EXHIBIT A
GRAND AVENU^ PARK
376 GRAM AVENUE & JEFFERSON
LEGAL DESCRi;,TION
Tract A of GRAND AVENUE PARK, Plat
Book 58, Page 27; Less Beginning
92.04 ft. east of NE corner of Tract,
continue east 188.10 ft. southeasterly
and 34.44 ft. northwesterly and westerly
213.89 ft. to point of beginning.
Area: 4.47 acres
EXH181T B
MAINTENANCE AGREEMENT
GRAND AVENUE PARK
City of Miami
a. Mowing of entire park area on a biweekly basis.
b. Edging of entire park area on a biweekly basis.
c. Trash and litter removal on a weekly basis and after special
events.
d. Trimming on a biweekly basis.
e. Responsible for all fence and barrier repair, field
maintenance and irrigation repairs and functions as
required.
f. Maintenance and repair of all improvements placed on park
site by City.
School Board
a. Payment of 60% of actual annual maintenance costs.
b. Maintenance and repair of -all improvements placed on park
site by Board.
c. Sole responsibility for school site adjacent to park.
n
EXHIBIT A
THEODORE GIBSON PARR
401 NW 12th STREET
LEGAL DESCRIPTION
Miami Dixie Playground, Plat Book
64, Page 149, Tract A less Expressway s
right-of-way;
AND
Lots 1 through •14 of PARRY SUBDIVISION,
according to the plat thereof recorded in Plat
Book B on page 127, all being in the Public
Records of Dade County, Florida;
AND
Lots 1 through 16 in Block 2 of SOST'S
SUBDIVISION, According to the plat thereof
recorded in Plat Book B on Page 27, all
being in the Public Records of Dade County,
Florida.
Area: 8.04 acres
EXHIBIT A
SHENANDOAH PARK
1800 SW 21 AVENUE
LEGAL DESCRIPTION
S 4 of Lots 7 and 8, Block 1 Marcellus Dearborn's
Subdivision, Plat Book B, Page 26; N h of SW h of NW
of SE 4, Township 54 South, Range 41 East; N h of S
of Lot 7 and S h of Lot 8, Block 1, Marcellus
Dearborn's Subdivision, Plat Book B, Page 26.
Area: 10.0 acres
EXHIBIT B
MAINTENANCE AGREEMENT
SHENANDOAH PARK
City of Miami
a.
Mowing of entire park area on
biweekly basis.
b.
Edging of entire park area on
a biweekly basis.
c.
Trash and litter removal on a
weekly basis and after
special events.
d.
Trimming on a biweekly basis.
e.
Responsible for all fence and
barrier repair, field
maintenance and irrigation repairs and functions as
required.
f.
Sole responsibility for Shenandoah Day Care Center.
g.
Sole responsibility for Shenandoah Branch Library.
h.
Maintenance and repair of all
improvements placed on
park site by City.
School Board
a. Payment of 60% of actual annual maintenance costs.
b. Maintenance and repair of all improvements placed on park
site by Board.
c. Sole responsibility for school site adjacent to park.
d. School Board has no responsibility for or control over
concessions at Shenandoah Park.
EXHIBIT A
WEST END PARK
SW 3rd Street and 60th Avenue
LEGAL DESCRIPTION
Lot 8 less S 302.275 ft., of T.R. Glass
Subdivision, amended Plat Book 4, Pace 76.
Area: 6.94 acres
EXHIBIT B
MAINTENANCE AGREEMENT
WEST END PARK
City of Miami
a. Mowing of entire park area on a biweekly basis.
b. Edging of entire park area on a biweekly basis.
CO Trash and litter removal on a weekly basis and after
special events.
d. Trimming on a biweekly basis.
e. Responsible for all fence and barrier repair, field
maintenance and irrigation repairs and functions as required.
f. Maintenance and repair of all improvements placed on park
site by City.
School Board
a. Payment of 60% of actual maintenance costs.
b. Maintenance and repair of all improvements placed on park
site by Board.
c. Sole responsibility for school site adjacent to park.
d. School Board has no responsibility for or control over
concessions at West End Park.
ay
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO. Honorable Mayor and DATE: PILE,
Members of the City OCT 1 31987
Commission SUBJECT: Resolution Authorizing the
City Manager to execute a
Lease Agreement with Dade
County School Board
FROM: Cesar H • Odi REFERENCES:
City Manager
& D
ENCLOSURES:
RECOMMENDATION
It is respectfully recommended that the City Commission adopt the
attached resolution authorizing the execution of a five-year
lease agreement with the School Board of Dade County for use of
facilities at Lemon City, Athalie Range, Gibson, Grand, West End
and Shenandoah Parks.
BACKGROUND
The General Services Administration Department has been working
with the School Board of Dade County on an agreement for joint
use of City facilities at Lemon City, Athalie Range, Gibson,
Grand, West End and Shenandoah Parks. The School Board desires
to use the playground and recreation areas to further its
educational objectives and this proposed use will not interfere
with the public's nor City's use of the premises.
The School Board of Dade County proposed a twenty-five year lease
agreement to use the premises at a yearly rental of $1.00, plus
they agreed to pay 40% of the costs to maintain the parks. This
proposal was presented to the City Commission on September 11,
1986 and deferred by Motion 86-708, which required that the
School Board make the City a better offer. As a result, in
February 1987, the School Board increased by 5% their offer to
cover maintenance costs.
On March 13, 1987, the School Board lease was resubmitted for the
City Commission's consideration and Motion 87-246 in effect
endorsed six lease agreements for a one-year period, with twenty-
four annual renewal periods at the City's option. This Motion
was superseded or. April 9, 1987, by Motion 87-342, deferring
consideration of the lease agreements and requesting that a
representative of the School Board appear before the City
Commission.
Honorable Mayor and
Members of the City
Commission
Lease Agreement with
Dade County School
Board
A subsequent meeting on July 20, 1987 between the School Board
and the City resulted in further changes to the proposed lease
agreement. The School Board has agreed to pay a rental fee of
$1.00, plus 60% of the actual costs to. maintain the facilities,
for a total initial payment of $101,200 for the 1986-1987 fiscal
year. The lease will be for a five-year period, renewable
annually upon mutual consent by both parties.
Attached: Proposed resolution
Proposed lease agreement
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