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Home My WebLink AboutR-1990-029 RESOLUTION NO. 29-90 A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING LEASE AGREEMENT BETWEEN BROWARD COUNTY AND CITY OF DANIA, FLORIDA, FOR THE. LEASING OF REAL PROPERTY FOR USE AS A LIBRARY; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA, FLORIDA: Section 1 . That that certain Lease Agreement between Broward County and the City of Dania, Florida for the Leasing of Real Property for Use as a Library, a copy of which is attached hereto as Exhibit "A" , be and the same is hereby approved , and the appropriate city officials are hereby directed to execute same . Section 2 . That this resolution shall be in force and take effect immediately upon its passage and adoption. PASSED and ADOPTED this 13th day of March 1990. VICE- MAYOR - COMMISSIONER ATTEST: CITY Cr.RRK - AnnTmnn APPROVED ASS, TT�O FORM AND CORRECTNESS : FRANK C. ADLER, City Attorney Resolution No. 29-90 i J LEASE AGREEMENT .Between BROWARD COUNTY and THE CITY OF DANIA, FLORIDA for THE LEASING OF REAL PROPERTY FOR USE AS A LIBRARY EXHIBIT "A" LEASE AGREEMENT Between BROWARD COUNTY and THE CITY OF DANIA FLORIDA for THE LEASING OF REAL PROPERTY FOR USE AS A LIBRARY This is an Agreement between: BROWARD'political subdivisions Florida,. -its of the tate ofCOUNTY, a .COUNTsucce a and assigns, hereinafter referred to as "COUNTY, " through its Board of County Commissioners, AND THE CITY OF DANIA, a municipal corporation existing assigns, hereinafter referred to as under the laws of the state of Florida, its successors and "CITY. " WHEREAS, the City of Dania wishes to lease to COUNTY certain premises within the corporate limits of the City of Dania for use as a public library; NOW, THEREFORE, IN CONSIDERATION of the premises and mutual covenants hereinafter, contained, the - parties do hereby consent and agree as follows: 1. Description of Premises CITY hereby leases to COUNTY, and COUNTY hereby leases -from CITY, .the following real property: sace commonly referred to asthe administrative offices of the City of Dania located on the first floor of the Dania City Hall, as the same existing on April 1, 1977, which area is outlined in red markings on that certain drawing prepared by Jeffrey Gross, Architect, dated March 1, 1977, and which said drawing is attached hereto and made a part hereof as "Exhibit A; " said Dania City Hall being located on a portion of unnumbered block marked: "Park, " lying and being north of Block 21 of THE TOWN OF MODELO (now Dania) according to plat thereof recorded the in Plat Book B, Page 49 of the Public Records of Dade County, Florida, said land situate lying and being in Broward County, Florida, and containing 23 acres more or less. The City of Dania specifically reserves the exclusive right to the use and control of the walk-in safe located in the Southeast corner of the said premises. 2. Use of Premises COUNTY shall -use ...'the _ 'leased premises . - exclusively for library purposes and in the solely and event discontinues the use of said premises for library purposes, COUNTY then this lease insofar as it applies to such premi -..terminate :forthwith and possession . o ses shall f . said premises . shall immediately revert to CITY. In consideration of this COUNTY agrees to operate and lease, fully staff and equip library ..facilities., within the CITY limits, a which shall constitute collection of library books, Znaterials and services. COUNTY further agrees that no discriminatory rates for the use of COUNTY library service/services shall be charged to residents of the City of Dania. 3. Term The term of this lease shall be for a period of two (2) years commencing on October 1, 1990 , and terminating on September 30, 1992 , and subject to t contained herein, the parties hereto he terms and conditions shall have the right to -mutually agree for an -extension of this lease Dn-such terms °p and conditions as are deemed appropriate. COUNTY shall have ''z' the.:option :to renew .this .Agreement for an additional two year period .provided written notice of -such intention (to exercise said option is sent to the City of Dania at least ninety (90) days prior to the expiration of the original _term. 4_ Ran} COUNTY shall pay to CITY a yearly rental of One Dollar ($1.00) per year. The first payment to be made by COUNTY to CITY shall be on the date of execution of this Contract and on the same date each year thereafter that this agreement shall remain in force. -2- 5. Maintenance of Leased Premises COUNTY shall, at its sole cost and expense,both the interior and exterior of the library building that maintain is occupied by COUNTY in the same cleanliness -condition of proper , state of attractive appearance and good repair as of the time said lease premises are transferred to COUNTY by CITY, reasonable wear and tear expected.. It is specifically understood between the parties that COUNTY is to assume full responsibility for the maintenance of COUNTY'S part of said building including, but not limited to, exterior and interior physical condition of the building, roof, plumbing, electrical system and heating and cooling systems. CITY shall continue the upkeep of t parking lots, .driveways and sid he grounds, ewalks surrounding the library building. 6. Risk Of Subject to all of the other provisions of this lease, COUNTY agrees to assume all risk of loss, injury or damage of any kind .or _nature whatsoever resulting after date of " execution of this Agreement to 'any good,- chattels, merchandise or any other property belonging to COUNTY that may now or hereafter be placed upon said leased premises, and all risk of loss, injury or damage of any kind or nature whatsoever to the improvements made by COUNTY, whether said j loss, injury or damage results from fire, hurricane, rising water or from any other act of God. 7. Alterations (a) COUNTY shall make no addition alteration or adjustment to the leased premises, Partition, anition, thereof, without first havin y part authorization of the CITY Manager of the CITY, with ap obtained the written of the CITY Commission. All requests by COUNTY shall bevin writing and shall include plans and specifications pertaining thereto. All work shall be done in a good and 'workmanlike .manner, and COUNTY shall. obtain the proper permits from CITY. (b) All alterations, improvements, additions or partitions made or installed by COUNTY shall become the property of CITY upon the expiration of this lease. All such alternations or improvements as set forth in this provision shall be made at COUNTY 'S sole cost and expense. -3- 8. Utilities COUNTY shall pay its pro rate share of all utilities, including but not limited to, water, fuel, gas, electricity, telephone and sewerage charges. This pro rate share shall be calculated as follows: Library Area Building Area less Atrium Area = Pro Rata Share 9. Indemnity To the extent permitted by law, COUNTY agrees to indemnify and save CITY harmless from and against any and all claims, suits, actions, damages, and causes of action relating to personal injury, loss of life or property damage that may arise out of any act, error or omission of COUNTY in its use or occupancy of the premises under this Lease and for which the CITY is alleged to be liable. To the -extent permitted by law, CITY agrees to indemnify and save COUNTY - harmless from and against any and all claims, suits, actions, _damages, .and causes of action relating to personal injury, loss of life or property damage -that may arise out of any act, error or omission of CITY in the performance of its obligations under this lease or its other legal duties and for which the COUNTY is alleged to be liable. 1! 10. Taxes or Assessments COUNTY shall assume the entire cost of the operation of the leased premises as enumerated in this Agreement and there shall be no taxes assessed against CITY for said premises. COUNTY shall assume any and all lawful taxes or assessments in the event any are assessed or levied. Assignment or subletting COUNTY shall not assign this lease, nor sublet, nor assign any portion of the leased premises, nor grant any • ..�.....c.�=,�.u.� wua�.a u�:v ci Uu. iiy Llte Leila ox uR1s lease without first having obtained -the written authorization of the City Manager of the CITY, with approval of the City Commission. 12 . Laws and Ordinances COUNTY shall observe all sanitary, health and public safety laws and ordinances of CITY, directly related to the operation of said library. -4- L� 13. Surrender of Premises COUNTY shall quietly and peaceably deliver the leased premises to CITY at the termination of this lease in as good condition as originally received, ordinary wear and tear excepted, subject to the repair and maintenance obligations provided in this Agreement. 14. Eminent Domain In the event the premises of this Agreement or any portion thereof is taken by eminent domain, this Agreement shall be considered terminated as to the premises. 15. Library Name COUNTY agrees that the name of the library facility located in Dania shall contain the name "Dania" in the title. 16. Cancellation Either party may cancel this Agreement by written notice "delivered to the other party, but such notice must be delivered at least one hundred eighty (180) days prior to cancellation. Neither party may cancel this Agreement within one year of execution. IN WITNESS WHEREOF, the parties have made and executed this Agreement on the respective dates under each signature: y oj: BROWARD COUNTY through its BOARD OF COUNTY COMMISSIONERS, signing by and through its Chairman, authorized to execute same by Board action on the day of 19_, and CITY OF DANIA, FLORIDA, signing by and through its duly authorized to execute same. COUNTY ATTEST: BROWARD COUNTY, through its BOARD OF COUNTY COMMISSIONERS County Administrator and By Ex-Officio Clerk of the NICKI E. GROSSMAN, Chairman Board of County Commissioners of Broward County, Florida day of 19 -5- j LEASE AGREEMENT BETWEEN BROWARD COUNTY AND THE CITY OF DANIA, FLORIDA, FOR THE LEASING OF REAL PROPERTY FOR USE AS A LIBRARY Approved as to form by Office of County Attorney Broward County, Florida JOHN J. COPELAN, JR. , County Attorney Governmental Center, Suite 423 115 South Andrews Avenue Fort Lauderdale, Florida 33301 Telephone: (305) 357-7600 Telecopier: (305) 357-7641 By JEFFREY S. SINIAWSRY Assistant County Attorney CITY WITNESS CITY OF DANIA, FLORIDA By .. Mayor - day of , 19 By, CITY Manager ATTEST: By CITY Clerk-Auditor JSS:smc dania. lse 2/12/90 -6-