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Home My WebLink AboutR-77-0645EAP/►o 7/21/17 RESOLUTION No, 77-645 A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO THE ATTACHED AGREEMENT WITH THE SCHOOL BOARD OF DADE COUNTY, FLORIDA FOR THE LEASE TO THE CITY OF MIAMI OF THE OUTDOOR PLAYFIELDS OF ROBERT E. LEE JUNIOR HIGH SCHOOL, 3100 N.W. 5TH AVENUE, MIAMI► FLORIDA FOR THE TERM OF 20 YEARS. WHEREAS, the School Board of Dade County and the 'City of Miami are mutually interested in and concerned with providing and making available increased recreational programs, activities and facilities for the use and the benefit of the peo- ple of the City of Miami; and WHEREAS, has under its jurisdiction the School Board of Dade County owns and and control certain school and educational facilities and equipment that may be utilized after normal school hours for suitable community recreational activities; to wit: THE OUTDOOR PLAYFIELDS OF ROBERT E. LEE JUNIOR HIGH SCHOOL, 3100 N.W. 5TH AVENUE, MIAMI, FLORIDA. NOW, THEREFORE, BE IT RESOLVED, BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The City Manager is hereby authorized the attached agreement with the School Board of Dade County, Florida for the lease to the City of Miami of the outdoor playfields of Robert E. Lee Junio High School, 3100 N.W. 5th Avenue, Miami, Florida for the term of 20 years. PASSED AND ADOPTED this to enter into (::::7;--4‘/&02' III RALPH G. ONGIE, CITY CLERK PREPARED AND APPROVED BY: c: f t / Eloy A. Fernandez Assistant City Attorney ■ 23 day of JULY MAURICE A. FERRE MAURICE A. FERRE, M A Y O R !1 VED AS TO FORM A ORRECTNESS: ORGE CITY A KNOX, ORNEY CITY COMMISSION MEETING OF JUL 2 ; 1977 7 7 - 6 RESOLUTION NO... REMARKS: ■ 1 35 :Joseph Grassi City Manager e � •_,.1,/ . ;: 11 b:le. • e.,,./"'►✓L iC1 Afbert I-1.vHowar'd, Director Department of Parks and Recreation •1i Iuiy 80 i 977 Lease Agreement Between City and Board of Public Instruction; Robert E. Lee School Playground Enclosed is a new version of the lease agreement between the City and the Board of Public Instruction for the use of the playfields at Robert E. Lee Junior High. The previous version, which had been signed by the School Board, was returned to this department by the City Manager's Office because of concern about the loss of City -funded improve. ments should the Board decide to cancel the lease. To alleviate this concern, Provision 17 of the lease was amended to not only provide for recovery of any bleachers, park furniture, and play apparatus but to include the recovery of the value of the unused life of the lighting fixtures. Also, in Provision 6, the last sentence vas added to allow City use of the existing electrical vault. Both of these changes have been verbally discussed with Assistant Superintendent Kline and are acceptable. However, our Law Department felt that these changes were sufficient to rewrite the agreement and resubmit it. Therefore, with your approval of these changes the lease will need to go back to the Law Department for their review, approval, and execution. The lease should then be resubmitted to Mr. Kline's office for their execution. AHH/STP/dc encl. fit�IN�1 )t1 C`.l l ATION 1=110C PA ANI Li AsF: Acil L1;M 1ai`it THIS ACREEMENT, ride and entered into on this 1 c) day of by and between THE SCII001. BOARD OF DAI)E COUNTY, FLORIDA, a hotly corporate and politic under the laws of the State of Florida, hereinafter called the BOARD, and the CITY OF MIAMI, a municipal corporation of the State_ of Florida, hereinafter called the CITY: W I T N ES S E T I1 t WWH.EREAS the 13C)ARD and the CITY are mutually interested in and con=. cerned..with providing find making available increased recreational programs, • activities and facilities for the use and benefit of the people of the CITY OF' MIAMI: and WHEREAS, the BOARD owns and has under its jurisdiction and control certain school and educational facilities and equipment that may be utilized after. normal school hours for suitable community recreational activities: to wit: THE OUTDOOR PLAYFIELDS OF ROBERT E. LEE JUNIOR HIGH SCHOOL, 3100 N. W. 5th AVENUE, MIAMI, FLORIDA. THEREFORE, for and in consideration of the mutual covenants and agreements herein contained, the BOARD does hereby lease to the CITY the above described real property to have and to hold for public park purposes subject to the conditions as set forth herein, for a term of twenty (20) years from the date hereof, at an annual rental of one ($1. 00) dollar payable 'yearly, in advance, during the term of this AGREEMENT, THE PARTIES HERETO MUTUALLY COVENANT AND AGREE AS FOLLOWS: 1, The CITY shall, within two (2) years from the date hereof, and at the pense of the City, commence construction of certain recreational improve- ti• t-ierlis tti 11ie dciiiisecl pretrtis`es, as agreed to by representatives of the Parks alit# i eeteation Department for the CITY tor✓ 1=rincipal for the School, and b relit esentatiVtis of the I tsiness Sorvices Division fo thy; 13OAIt1), Such att rfieti1shall be atte'sled by signature of the above persons upon a drawing prepared by the CITE', detailing all such improvements, The CITE' shall not erect, install, or locate any additional building, stadit.thi, or other improvement on the premises ether than those provided for in Section 1, without obtaining prior written -approval of the BOARD. The objective of this cooperative effort of the l3DARD and the CITY ce to provide increased park and recreational l'o identify Lo the residents of the area this a'1se benefits to the citizens of the area, cooperative undertaking a sigh shall be erected identifying the demised premises, for the term of the City of Miami Robert 1 , Lee Community Park. The BOARD shall have permitted use of the demised premises and' all equipment thereon any day that school is in session, from the opening o school until thirty (30) minutes after the close of the school day. The School Principal may request use of the premises at times other than regular school' hours. r lease as The BOARD shall be responsible for supervision of its programs during the period of its use. The CITY shall be responsible for supervision of conirnunity recreation use during the period of its use. 6. Maintenance of all CITY -installed improvements shall be the sole responsibility of the CITY, except for general field mowing, which shall be done by the BOARD. It shall be understood that the I3OAR1) and the CITY will provide reasonable clean-up of litter resulting from their respective periods of use and special activities. Electrical power and other utility costs resulting from such improvements shall be metered separately from school services, and shall be the responsibility of the CITY. Maintenance and operation of irrigation equipmant on the Playfield areas will also be the responsibility of The center concrete block structure south of the Auditorium is to by the City as its electrical vault, age covering any and The coverage required by the certificate that 5tA1 t� �tlili y ft1 follow tt1I BOOntZ1.1, C Iii�►tilli anti csr l t t'ult s`ticticl I;I..trs ;laid `Wit deficiencies anti violations, 8, the CITY t,•itl tiot engage ;c in, or allow other tici'c'handise during the period of use by Lilo will be°'oti an intcrtniltant: basis only, hits all the salt✓ of refrieshthchts or 3OARD, Any sales allowed The terns of this LEASE may be extended by the cirY for one additional period of twenty (20) years, upon the sam tcrn-ts and conditions and at the s line rentalas provided herein, if the CITY shall give. \vritten notiec L i the 13OA11.0 of such intent to renew original term. 10. Notwithstanding any of the other terms and conditions contained herein, not less than sixty (60)" clays prior to the CXpiration of the either party shall have the right to cancel this LEASE at any time, by written notice .given at least six (6) months prior to the effective date of such cancellation. 11. All improvements, equipment and personal properly placed or moved onto the premises shall be at the risk of the CITY or owner thereof. 12. The CITY agrees to indemnify and hold harmless the BOARD., its; employees and agents from and against any and all loss and damage and any an all claims, demands, suits, liabilities and costs from any cause, arising- out of the acts or omissions of the CITY or the CITY'S employees or agents or other individuals, or which arise out of any occ►:rance during the period of time said premises are available for use by the CITY under this LEASE, to the extent that tort immunity has been waived by law or insurance is carried, whichever is greater. 13. The CITY, at its expense, shall maintain insurance all liability of any type arising out of the terms of this LEASE, under the policy or policies shall be no less than to the extent Tort Claims Act. The CITY agrees to furnish to the 130ARI3 a the above coverages are in effect, 14, The CITY shall not assign, sublet, transfer, or Qtl er v ci dispose of A:i1 wwitltitit `titu . 15. All fiotices given under this LEASE shall be in writing ahrl delivered by either certified ar registered timit, Notice shall be effectively served by the CITY upon the BOARD when addressed) to and mailed to the SCIIOOL '13OAl2D OF DAI)E COUNTY, FLORIDA, 1410 N. E. Ztiti Avenue, Miarni,. Florida. Notice shall be effectively served by the 13OARD upon the CITY:: :when addressed to City Manager, and mailed to the City Hall, Dinner Nl 1at111, Florida. 16. If the CITY shall abandon or vacate the demised premises before. the end of this LEASE, or if the premises shall be occupied and used by the CITY for any purpose other than park and recreation purposes, or,fail to comply with any covenants or provisions of this LEASE, the BOARD may at its option terminate this Agreement after fifteen (15) days notice .:. in writing, unless the default is cured within the notice period. 17. Upon the termination or cancellation of this agreement, or any .extension thereof, title to all improvements constructed thereon shall be vested in the BOARD except for bleachers, park furniture and play apparatus which, if installed by the CITY, shall remain personal property and ►nay be removed at the option of the CITY. The cost of the lighting fixtures shall be prorated over the life of the fixtures (12 years) and the value of the unused years shall be repaid to the CITY by the BOARD. This LEASE contains the entire •Agreement between the parties hereto and it may be modified only by an Agreement in writing signed and sealed the LESSOR and LESSEE. BOARD fist olit iiii✓ 1 itj is Mil Miiimum TNESS WClEfEOt', the LESSOR and LESSEE hake Caused this Lt#ase Agreettictit to be executed by their respective and duly authoritetl officers the Clay and year first above written, (OFFICIAL SEAL) ATT EST t Secretary (OFFICIAL SEAL) ATTEST: City Clerk Approved by Board Attorney Approved by City Attorney Approved as to content,School Principal Approved as to content, City Director Parks and Recreation THE SCI IOOL 130Afi1 0E DADE COUNTY, rLO1ti1)A Chairman ftYOF MIAMI, a municipal corporation of the State of Florida F.3g.eSaf5 City Manager