HomeMy WebLinkAboutR-1991-060 4:
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RESOLUTION N0. 60-91
A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING
ASSIGNMENT OF LEASE BETWEEN BROWARD COUNTY AND THE CITY
OF DANIA RELATING TO GRIFFIN ROAD SITE; AND PROVIDING
FOR AN EFFECTIVE DATE.
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA,
FLORIDA:
Section 1 . That that certain Assignment of Lease between
Broward County and the City of Dania relating to Griffin Road
Site, a copy of which is attached hereto and made a part hereof as
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a Exhibit "A" , be and the same is hereby approved and the
y 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.
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PASSED and ADOPTED this 28th day of May , 1991.
MAYOR - COMMISSIONER
' ATTEST: "
` CITY CLERK '- AUDITOR
! APPROVED AS TOO}�FORM AND CORRECTNESS :
'aSC. =Z, e-V G�iJ,"---
FRANK C. ADLER, City Attorney
Resolution No. 60-91
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ASSIGNMENT OF LEASE
THIS AGREEMENT dated this day of , 1991 , by
and between BROWARD COUNTY, a political subdivision of the State
of Florida (herienafter referred to as "ASSIGNOR" ) and the CITY OF
DANIA, a municipal corporation organized and existing under the
laws of Florida (hereinafter referred to as "ASSIGNEE" )
WITNESSETH
WHEREAS, on or about May 9, 1978, THE SCHOOL BOARD OF
BROWARD COUNTY, FLORIDA, a body corporate existing under the laws
of Florida, leased (by a Master Lease Agreement) to BROWARD
y COUNTY a political subdivision of the State of Florida, that
certain real property known as the Griffin Road Site, under the
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1 ; terms and conditions set forth therein, a copy of which said
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% 1 Master Lease Agreement is attached hereto and made a part hereof
as Exhibit "A"; which was subsequently thereto incorporated into
that certain Lease Agreement dated February 18, 1988 , a copy of
which is attached hereto as Exhibit "B"; and
WHEREAS , the area covered by said Lease Agreement was annexed
into the City of Dania, Florida, effective January 1, 1991; and,
therefore, the subject lease should be assigned to the City of
Dania.
NOW, THEREFORE, for and in consideration of the premises and
benefits flowing to each party, the parties hereto do mutually
agree as follows:
1 . That the ASSIGNOR hereby grants, assigns and transfers to
ASSIGNEE that certain lease dated February 18, 1988 , between THE
'-XHIBIT "A"
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SCHOOL BOARD OF BROWARD COUNTY, FLORIDA, a body corporate existing
under the laws of Florida and BROWARD COUNTY, a political
subdivision of the State Of Florida, which said lease incorporated
therein, by reference, a Master Lease Agreement entered into by
THE SCHOOL BOARD OF BROWARD COUNTY, FLORIDA and BROWARD COUNTY
dated May 9, 1978, and this assignment, is subject to all the
terms and conditions Of said Lease Agreements.
2• That the ASSIGNEE (City of Dania) agrees to be bound by
all the terms and conditions set forth in said Master Lease
Agreement and further, agrees to hold BROWARD COUNTY harmless from
any and all liability arising from any and all activities or
occurrences on the
leased premises t
- ! effective date of this ass that occur on or after the
ignment.
IN WITNESS WHEREOF, the
parties hereto have caused this
Assignment of Lease
7 to be executed in their respective names
j y their proper officials and by
� ! under their corporate seals this
day of
1991 .
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CITY OF DANIA
By: ����/
rlayor-Commissioner
' By:
City Manager
(Corporate Seal) ATTEST:
City Auditor-Clerk
APPROVED AS TO FORM AND CORRECTNESS
BY:
Frank C. Adler, City Attorney
Page Two Of Two Pages
ATTEST: BROWARD COUNTY, through its
BOARD OF COUNTY COMMISSIONERS
By.
County Administrator. and Chairman
Ex-officio Clerk of the
Board of County COmmis-
sioners of Broward County,
Florida
Approved as to form:
By:
Broward County General Counsel
CONSENT AND APPROVAL OF ASSIGNMENT
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3 hereby
The SCHOOL BOARD OF BROWARD COUNTY, FLORIDA, does
consent to and does hereby approve the foregoing Assignment of .
Lease from BROWARD COUNTY to the CITY OF DANIA.
EXECUTED this day of 1991.
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Signed in the presence of : SCHOOL BOARD OF BROWARD COUNTY,
I FLORIDA
Witness
By:
Chairperson
Witness Attest:
Secretary
(Seal) Approved as to form:
By:
School Board Attorney
Page Three of Three Pages
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GRI. . IN ROAD SITE .tl104',
L A--r AGRFFMF.NT
HE
OOL
1IS AGREEMENT, made and aned t or n T body corporate existing under the lavaD
;,- BROWARD COUNTY, FLORIDA,
f erred to os the 'Board',
Florida, hereinafter ref
Y, a r- -
' Brows rd Count olitical subdi vision of the State of F1or) a
the "County"
.._reinsitar referred to an _____.___
--- - -------------------
.W I T N E S S E T H:
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.:OW, THEREFORE, for and he portionrati on of the hereto do mutually agreed benefits
an
:loving to each party, the
. ::ollovo:
The Board doss hereby loose to _ the __COUD ty'__-____--_--
:n oraa or•urenu ❑hovn on the sketch or sketches attached hereto and
ado s port hereof ss prepared by THE nder00the0Oerms andARD OF ROWAR conditionsTY,
LORIDA SCHOOL PLANNING DEPARTMENT,
.:erelnafter net forth.
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Y 2. This Lease Agreement Sncorporotes by reference to the
provisionap
extent as though fully . govern andt out ie contents of the MASTER LEASE
1 terms, covenonte, conditions, p ,
q :.GREEMEHT form sa the name re onetheu-9thbedayeoft- Maw Board end 1978 .
ihe_'_Cauatxi.----------- ----- Sian all as
he parties hereto covenant and agree to keep and comp y
the provisions of the MASTER LEASE AGREEoiHthe MASTERT. The LEASEties AGREEMENT.
.l tdnns�esµys, b.,.sa�.✓.�x2r
+'s+:� -:eknavledge receipt of an executed copereto
have coursed thin instrument to
!H WITNESS WHEREOF, the parties hereto
$ ':e signed in their respective names by their proper r Official" and
?�'. ' ' •:nder their corporate seals thin _1$_ day of _}'^
Si gned, sealed and delivered THE SCHOOL BOARD OF BROWARD COUNTY,
- FLORI
o
„-,.__-____/_'____-___ Chair croon '
Attest: j( �/11221L '--yf'��1�•0
SecretaryI U
` (SEAL) Approv ae o io m: /
------------
• Sch of Boa A torney
BROWARD COUNTY, THROUGH ITS BOARD
OF COUHT COMMISSIONERS
By: _y 1 - G_ J---------
J ______— At arm n
..
------------------------------ aunt Adminlatrotor and
Ex-Offiefo Clerk of the
_ Board of County
Commissioners of Brovard
• County, Florida
Approved no to form%
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Brwerd Louniy Gnncrn Coum rr)
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MASTER LEASE AGREF.HEhT
THIS AGREEHE),T, made and entered into by and between TILE
SCHOOL BOARD OF BROWARD COUNy., FLORIDA, a body corporate existing under
the laws of Florida, its successors, hereinafter referred to as the
"Board," and BROWARD C011NTY a political subdivision of the State of
Florida, its successors, hereinafter referred to as the "County."
W I T N E S S E T H
64CREAS, the Board is the controlling body of the Public
h Schools of Brovard County, Florida, and does own certain school sites
. ,,, and other real estate parcels located in Brovard County, Florida,
�L. hereinafter referred to as "school grounds."
' - WHEREAS, by reason of the heavy demands
as a result of the in existing in the County crease of the.population of school children, the
Board is required to expend all of the available money for the operation
'( ;j •".` of classrooms and thus is greatly limited in funds which can be made
available for the development and improvements of the school grounds as
parks and well-equipped and
and
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WHEREAS, it is the'purposc and policy of the County to -
' devblop, operate and maintain parks and community recreational
h, ( - facilities; and
r, WHEREAS, the County is willing to expend certain funds for the
equipping and improving of a portion of the school grounds to be used
for park and playground purposes in conjunction with the Board; and
. Wir-REAS, the Board and the County believe that such as 'arrangement will be of mutual benefit to all parties and will 11 fill a
great need in that area of the community and that cooperation between. the parties hereto will result in great benefit to the•citizens of the
County;
NOW, THEREFORE, for and in consideration of the premises and
'benefits flowingto each party;
the parties hereto do mutually agree as
follows:
]. The Board does hereby leas area or areas
e to the County an
shown on the sketch or sketches attach ed hereto and made a part hereof
- as prepared by THE SCHOOL BOARD OF BROwARD COUIiTy, FLORIDA SCHOOL PLAN-
NING DEPART12NT under the terms and conditions hereinafter set forth.
2. The term for which the County leases said premises is
r-.r . ra forty (40) years from the date of the execution of a lease agreement
, (the form of said lease agreement is attached hereto as Exhibit A and
made a part hereof), at a yearly rental of One Dollar ($1.00) pee year
payable to the Board on the yearly anniversary of the lease agreement.
• I[ is specifically understood and agreed that by mutual agreement of the
. parties hereto, the term of this lease may be sbortened or extended,
subject to the provisions of Paragraph 5 hereinafter set fortb.
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3. The uses and purposes to which the County shall put said
premises shall be for playground and recreationcl purposes available to
the citizens of the area. The facilities herein leased are to be usFd
strictly for recreational purposes and no advertising or food conces-
sions, or the renting of some, shall be permitted unless specifically'
approved by the Board in writing.
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4. The use of said premises by the County shall be limited
• and restricted so as not to conflict in any way with the use of said
property by the Board in its Public Educa[ion Program, and the use of
said property by the County shall at all times be in compliance with .
• the laws of the State of Florida concerning the use of school property.
The location of any and all recreational improvements to be placed
on the leased premises, including but not limited to baseball diamonds,
buildings, lights, etc. (other than as shown on the attached sketch)
" shall first be approved in writing by the Board, it being intended that
the Board shall have absolute control over the location of any recrea-
tional facilities before they are placed on the leased premises. Any
facilities placed on said leased premises without the prior written
approval of the Board as to location shall immediately be removed or
relocated within Len (10) days of written demand by the Board...
S. The County agrees to take such action within its discre-
tion as is proper+for a playground area on the premises above described,
i subject, however, to the power and authority of the Board upon ninety
(90) days' written notice to the County to cancel this lease as to any
designated area which the Board determines is needed exclusively for
school building purposes or for any other school purposes. The Board's
j1 determination in this regard shall be conclusively binding upon'all
parties. The County shall likewise have the unqualified right of can-
cellation of this lease, in whole or as to any designated jlo rtion or
area of property subject hereto upuo ninety (90) days' written notice of
' cancellation to .the Board.
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6. (a) It is specifically agreed between the parties hereto
that at.any time the Board desires to cancel and/or terminate this en-
i Tire lease, it shall have the conclusive right to do so, provided, bow
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ever,'•that in the event the Board -so elects, the County shall be given
ninety (90) days' written notice prior thereto and in the event of .
cancellation, the Board shall reimburse the County for the then renain-
iog value of the County installed recreational facilities. In the event
the parties hereto cannot mutually agree on said value, same shall be -
appraised by three (3) appraisers; one selected by the Board; one
selected by the County; and the third appraiser selected by the two
appraisers appointed. -
In the event of•such appraisal of the value, the average
•of the three (3) appraisers shall be the amount the Board shall pay, in
the event it desires to cancel and/or terminate this lease as aforesaid.
It -s further agreed that the Board shall be obligated to pay the fee of
- the appraiser selected by the Board; the County shall be obligated to
pay the fee of the appraiser selected by the County; and the County and
Bnard Shall each pay fifty percent (50'L) of the fee of the appraiser
selected by the two aforementioned appraisers.
(b) If the County shall properly exercise its option to
pt,4r •4y..vN1,.seJs�,;t,,�,,;;v,r, cancel this lease agreement, as to the whole or part of the leased
premises, the County shall have the right, subject to the Board's
purchase option described below, to remove any and all such fixtures and
inprovementS to the property as the County had placed thereupon, except
that the County shall not remove sod, landscaping, sand or earth placed
upon the.. premises (except as incidental to removal of other fixtures
and/or improvements) and the County Shall, in the case of removal of
fixtures and improvements, reestabli Ch the normal grade of the premises
to the condition which the same was found upon the County's first enter-
ing the premises hereunder. If, upon cancellation by the County, the
Board wishes to purchase the County installed recreational fixtures
and/or improvements, then the County shall sell the same to the Board at
However, if the County and Board cannot
a mutually agreed price.
mutually agree upon such a price (the value of the property to be put-
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chased) then the appraisal method, above-described ire Section Ga hereof,
shall be used to arrive at a binding price.
7. - It shall be the responsibility of the County to keep the
recreational grounds herein leased clean, sanitary and free from trash
and debris, and also the recreational grounds shall.be moved to prevent
. „ unsightly accumulation of weeds and other vegetation. Upon failure of
the County to comply with the provisions of this seetio shall give written notice Q. the Board
Certified ha i to the County of such failure to comply, by
2, Return Receipt Requested. If, after a period of te❑
(10) days of such mailing, the County has not commenced to complete the
cleaning and/or mowing of said recreational area, the Board shall have
the right to enter upon the premises, remove trash and debris from the
area, or mow the area and charge the County the cost to the Board for
such services. Billing for trash and debris removal or moving shall be
on a per-cleaning or per-moving basis and shall be due and payable
vithi❑ fifteen (15) days after receipt of the County.
` No[withstanding any of the Provisions of the foregoing
11 paragraph, the parties further-agree that the County, in addition to the
above, will clean up the premises after each and every event it
.y sponsors, and the Board will be responsible to clean after each and
every event it sponsors.
U e ,
This entire area will be under the control of the Board
during the hours the school on the property adjacent to the leased area
n '• =:<-+ +, .. ^"? is ,in session. During off-school hours, when the leased area is
k\� ofi'cially open by the County, control and-use of the area will be under
the jurisdiction of the County. During the periods that the eocire area
is under the control of the Board, the provisions of Section 10 hereof
shall not be deemed [o apply and the School Board shall take full
responsibility for the property.
9• The upkeep and maintenance of all areas herein leased by
the Board to the County shall be borne by the County, and the County
agrees at all times to keep the areas by
leased and the eo
placed on, said areas properly maintained. uipment
10. The County agrees to relieve the Board from any and all
' liability whatsoever arising out of any injuries or accidents that may
. or might occur as a result of the negligence of the County in failing to
supply proper supervision of the areas herein I....d while so used by
the County, and the County further agrees to hold the Beard harmless,
indemnify and free from all responsibility as a result of any negligence
of the County in failing to properly maintain the equipment on the
+r4'•..l�ii'r•h ::4:igQ leased areas. It is further understood and agreed between the parties
hereto that neither party to this Agreement waives any of its immuni[
fn,these premises as may be given to either party 6y law, y
71. At the termination of this lease, i❑ the even[ the same
`is oo[ cancelled by the Board or the County prior thereto,•recreational facilities such as basoball diamonds, ligbtins all pc naa vent
facilities,
Permanent backstops, etc., shall become the property of the Board and
the County shall have the right to remove all
recreational facilities moveable (non-pe tr..a ncnt)
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. ':IN WITNESS ;HEREOF, the parties hereto have made and executed
this Agreement on the respective dates under each signature: BROG'aRD
COUNTY through its BOARD OF COUNTY CO:CIISSIONERS, -signing by and through
its Chairs , .authorized o execute same by Board action on the �_'
day of , 197 , and THE SCHOOL BOARD OF BR06`ARD COUNTY,
_ FLORIDA, signing by and through duly authorized to
execute same.
COID4TY
AT7E57: BROVARD COUNTY, through its
HOARD OF 0@'"Y CO:L`1I SSIOhZRS
County Administrator and Ex-
Officio Clerk of the Board of By _
,�,, County Commissioners of HU H A1IC:R ON; Its Chairean
'a, 'i Bro.ard County, Florida y: �7/
a o , 197t�
1' This document prepared by
. . Office of General Counsel
-`dpp for Brovard County, Florida
•
BETTY LYN1i LEE, General Counsel
f Room 248, County Courthouse
201 S. E. 6th Street
Tauderdalc, Flor' a a 301
.� nv ia:}4.p1U ( 5) 765-5105
Alexander Cocalis
Deputy General Counsel,
.. BOARD
., Signed, scaled and delivered 71tE SCHOOL BOARD OF BR06'ARD COUNTY,
FLORIDA
//
Chair e
`i day of 39L_� .
' .. Attest: U uiJ
' ',, }•, / .t a Approved as .to fors.
ld ..
(SEAL) ..
r s / Schoox'S and Att6 orney
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