96-21987 RESO
RESOLUTION NO.
96-21987
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE A LEASE AGREEMENT WITH THE MIAMI
BEACH POLICE ATHLETIC LEAGUE, INC. , FOR THE PROPERTY
LOCATED IN FLAMINGO PARK, 999 11TH STREET, FOR CONTINUED
USE AS A RECREATIONAL AND SPORTS FACILITY FOR THE YOUTH
OF THE COMMUNITY; SAID AGREEMENT COMMENCING ON JULY 1,
1996, AND ENDING ON JUNE 30, 2001.
WHEREAS, the City entered into a lease agreement, dated February 21, 1973, which was
subsequently extended, and which expires on June 30, 1996, with the Miami Beach Police Athletic
League, Inc. (PAL), for the use of property in Flamingo Park (facility) to provide sports and
recreational activities for the youth of the community; and
WHEREAS, PAL has received Community Development Block Grant funds to renovate
and expand the facility, which is contingent on the Department of Housing and Urban Development's
requirement that a minimum five (5) year lease on the facility be in place prior to any expenditure
of funds; and
WHEREAS, PAL has requested a new Lease Agreement for a five (5) year period,
commencing on July 1, 1996 and ending on June 30, 2001, attached hereto as Exhibit A; and
WHEREAS, PAL agrees that any renovation and expansion to the facility, and any other
improvements to the leased property, shall be in accordance with the requirements of the adopted
General Obligation Bond Parks Master Plan; and
WHEREAS, PAL will maintain the facility and pay all utilities throughout the term of the
Lease Agreement; and
WHEREAS, the City reserves the right to audit the financial documents relating to any
program in which PAL and the City participate; and
WHEREAS, pursuant to Ordinance No. 92-2783, governing the lease and/or sale of City
property, a duly advertised public hearing was held on May 15, 1996, in order to obtain citizen input
into the proposed Lease Agreement; and
WHEREAS, it is further requested that the Mayor and City Commission waive, by a 5/7ths
vote, the additional requirements under Ordinance No. 92-2783, requiring an advertised public
bidding process pursuant to the sale and/or lease of City property, and an independent appraisal of
the fair market rental value of the property.
NOW THEREFORE, BE IT RESOLVED BY THE MA YOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Clerk are hereby authorized to execute the attached Lease Agreement with the Miami Beach Police
Athletic League, Inc., for the property located in Flamingo Park, at 999 11 th Street, for continued
use as a recreational and sports facility for the youth of the community; said Agreement
commencing on July 1, 1996, and ending on June 30, 2001. The Mayor and City Commission
further waive, by a 5/7ths vote, the additional requirements under Ordinance No. 92-2783, calling
for an advertised public bidding process prior to the proposed lease transaction, as well as an
independent appraisal of the fair market rental value of the proposed property.
PASSED AND ADOPTED THIS 15th day of
ATTEST:
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CITY CLERK
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CITY
OF
MIAMI
BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
COMMISSION MEMORANDUM NO. ~ <a~ -9L
TO:
Mayor Seymour Gelber and
Members of the City Commission
DATE:
May 15, 1996
SUBJECT:
Jose Garcia-Pedrosa
City Manager
FROM:
J:ZJ:NG THE MAYOR AND CJ:TY CLERK TO EXECUTE A LEASE
AGREEIIICN'l' WJ:TH BE MJ:AHJ: BEACH POLJ:CE ATBLE'l'J:C LEAGUE FOR LEASE OF
PROPERTY LOCATED J:N FLAMJ:NGO PARK AT 999 11TH STREET
ADMJ:NI:STRA'l'J:ON RECOMMENDATJ:ON
The Administration recommends that the City commission approve the Resolution
authorizing the Mayor and City Clerk to execute the Lease Agreement with the
Miami Beach Police Athletic League (PAL) for lease of property located in
Flamingo Park, at 999 11th Street, for a five (5) year period.
BACKGROUND
On February 21,1973, the City of Miami Beach entered into a lease agreement with
the Miami Beach Police Athletic League for the use of property in Flamingo Park
to provide sports and recreational activities for the youth of the community.
This agreement was subsequently extended and expires on June 30, 1996.
ANALYSJ:S
The PAL is currently in receipt of Community Development Block Grant funds (CDBG)
to renovate and expand the facility. This funding is contingent on HUD' s
requirement that a minimum five (5) year lease on the facility be in place prior
to any expenditure of funds. The PAL has requested a five (5) year lease of the
facility which would extend to June 30, 2001. Under this new lease agreement, the
PAL will be responsible for payment of all utilities and maintenance for the
facility. The agreement also provides that any renovation and expansion of the
facility must conform to the requirements of the adopted General Obligation Bond
Parks Master Plan.
The attached resolution, which authorizes the lease of property in Flamingo Park
by the PAL, further provides for waiving, by a 5/7ths vote, of the requirements
under Ordinance 92-2783, calling for an. advertised public bidding process prior
to the proposed lease transaction, as well as an independent appraisal of the
fair market rental value of the property to be leased.
CONCLUSJ:ON
The City Commission should approve the resolution, following the public hearing.
JP:KS:KM
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AGENDA ITEM R. '1 F
DATE 5-15-q~
LEASE AGREEMENT
THIS LEASE, executed this 15 t h day of Ma y , 199 ~ between CITY
OF MIAMI BEACH, a Florida municipal corporation (Lessor) and the MIAMI BEACH POLICE
ATHLETIC LEAGUE, INe. (PAL), a not for profit corporation (Lessee).
WITNESSETH: The Lessor, for and in consideration of the rent herein reserved to be paid
by the Lessee, and in consideration of the covenants herein to be kept and performed by the Lessee,
does hereby lease and demise unto the Lessee the following described premises (the "premises")
situated in the City of Miami Beach, County of Dade, State of Florida:
Approximately 12,600 sq. ft. of property located at 999 11th Street in
Flamingo Park, more particularly described as a portion of Block 90,
Ocean Beach, Fl. Addition No.3 (Dade County P.B. 2, P. 81), as
contained in the attached Exhibit A.
TO HAVE AND TO HOLD the premises unto the Lessee, from the 1st day of July, 1996 to
and including the 30th day of June, 2001, the Lessee yielding and paying to the Lessor the rental sum
of one ($1.00) dollar per year, as well as providing permanent improvements to the premises as
described in the attached Exhibit B, and subject to the approval of the Lessor.
Lessee shall also pay, as additional rent, all sales or use or excise tax(es), if any, imposed,
levied or assessed against the rent or any other charge or payment required here by any governmental
authority having jurisdiction thereover, even though the taxing statute or ordinance may purport to
impose such sales tax against Lessor. The payment of sales tax shall be made by Lessee concurrently
with payment of the fixed minimum annual rental. Lessee agrees that it will pay its Proportionate
Share of real estate taxes, if same are subsequently assessed against the Building and its
Proportionate Share of operating expenses in the Building, as set forth and defined in Paragraph 2
of this Agreement. Lessee's Proportionate Share of real estate taxes will be paid upon demand
accompanied by a copy of the paid tax bill. Lessee's Proportionate Share of operating expenses will
be paid monthly (or as otherwise determined by Lessor) upon demand by Lessor. As used herein,
Lessee's "Proportionate Share" means a fraction the numerator of which is the square footage of the
premises and the denominator of which is the square footage of all of the rentable area in the
building of which the premises is a part ("Building"), including the square footage of the premises.
The Lessee agrees to keep, conform to and abide by each of the following covenants which are
hereby made conditions of this Lease:
1. To pay the rent set forth herein in advance, at the times and in the manner aforesaid,
and should the rent herein provided at any time remain unpaid after same shall become due, the
Lessor shall have such remedies as may be granted pursuant to the laws of the State of Florida. All
rent payments shall be made to the Lessor at the following address: City of Miami Beach, Finance
Department, 1700 Convention Center Drive, Miami Beach, Florida, 33139, or at such other place
as the Lessor may, from time to time, designate in writing.
2. Lessor agrees to pay for all utilities used within the premises including, but not
limited to, electric, water, gas, telephone and garbage disposal.
3. The Lessee accepts the premises in their present "as is" condition, and is responsible
for all interior modifications and maintenance. Lessee must first obtain Lessor's written approval
for any alteration, additions and/or improvements to the premises and then must pay for such
modifications. Detailed plans for leasehold improvements shall be submitted to Lessor within
ninety (90) days following execution of this Agreement by the parties hereto. Leasehold
improvements shall conform to the General Obligation Parks Master Plan as adopted by the City
Commission. The Lessee shall have the right to use any equipment, furnishings and fixtures left by
Lessor on the premises. Lessor represents that such equipment, furnishing and fixtures, are to be
used in their "as is" condition, and that Lessee is solely responsible for maintaining same, at its sole
cost and expense, throughout the duration of this Agreement. In the event any of the aforesaid items
are lost, stolen or damaged, they shall be replaced or repaired at the sole cost and expense of Lessee,
ordinary wear and tear excepted. Upon expiration of this Agreement, Lessee shall quietly and
peacefully redeliver said equipment, furnishings and fixtures to Lessor.
4. Lessee agrees that any noise disturbance, inconvenience, disruption, failure of any
facilities, the shutting off of light or access to the premises, or any other nuisance or nuisances,
caused by or due to any repairs, alterations, improvements, additions or construction by the Lessor,
its agents, servants or employees to any part or portion of the building and for parking areas wherein
the premises are located, shall not be deemed or construed as a breach or violation of the peaceful
possession of the premises on the part of the Lessee. It is specifically further agreed that any such
conditions shall not give rise to any abatement, rebate or diminution of the rent reserved herein, nor
to any liability or responsibility by reason thereof on the part of the Lessee.
5. It is understood that any property left on the premises at the expiration of the Lease,
shall be considered abandoned and shall become and be deemed the property of the Lessor.
6. Notwithstanding Paragraph 3 above, at Lessor's discretion, any and all alterations or
additions made by the Lessee to or in the premises shall at the request of the Lessor, at the expiration
of the term of this Lease or sooner termination thereof, be removed by the Lessee at his own cost and
expense and Lessee further hereby agrees in such event, to restore the premises to their original
condition as of the date of this Lease.
7. Lessee shall not assign Lessee's interest in this Lease, nor underlet the whole or any
part of the premises, nor use the same for any purpose other than for use as a recreational facility by
the PAL; without first obtaining the written consent to such assignment or underletting, or to such
change of purpose for the use of the premises, from the Lessor, which consent shall be given, if at
all, at Lessor's sole discretion. Lessee further covenants that the premises will not be used for any
purpose that will invalidate any policies of insurance now or hereafter written on the building on
which the premises are located, or will increase the rate of the premium thereof.
8. Lessee shall use the premises in pursuance with all laws and ordinances now or
2
hereinafter applicable.
9. Lessee shall not permit or suffer any noise, disturbance or nuisance whatsoever on
the premises detrimental to same or annoying to the neighbors, and the Lessee acknowledges that
the premises have been received in tenantable condition and repair, of which the execution of this
Lease, and taking possession hereunder, shall be conclusive evidence. Lessee further acknowledges
that no representations as to the condition of the premises have been made by the Lessor, or the
Lessor's agent, and that no obligation as to the repairing, adding to, or improving the premises has
been assumed by the Lessor, and that no oral arrangements have been entered into in consideration
of making this Lease and that this Lease contains a full statement of the obligation of both parties
hereto.
10. Lessee agrees to keep the interior of the premises in good condition during the
continuation of the term herein demised, and every part thereof, including the plumbing, doors and
windows, and will keep the same in good, sound, clean condition and repair, ordinary wear and tear,
fire, hurricane or other act of God alone excepted, and will not suffer or permit any strip or waste
of the premises.
11. Lessee shall permit the Lessor, or the Lessor's agent, at any reasonable time, to enter
and inspect the premises, and make repairs, if in the Lessor's sole judgment, the Lessor should elect
to do so.
12. If the Lessee shall not pay the rents herein reserved at the time and in the manner
stated, or shall fail to keep and perform any other condition, stipulation or agreement herein
contained, on the part of the Lessee to be kept and performed, or if the Lessee shall suffer to be filed
against the Lessee and involuntary petition in bankruptcy or shall be adjudged a voluntary or
involuntary bankrupt or make an assignment for the benefit of creditors, or should there be appointed
a Receiver to take charge of the premises either in the State or Federal courts, or if the Lessee shall
vacate or abandon the premises prior to the end of the term hereof, then, in any such events, the
Lessor may, at the Lessor's option, terminate and end this Lease and re-enter upon the premises,
whereupon the term hereby granted, and at the Lessor's option, all of the Lessee's right, title and
interest in this Lease shall end and the Lessee shall become a tenant at sufferance. The exercise of
any options herein contained shall not be deemed to be exclusive and the Lessor shall at all times
in the event of the Lessee's default hereunder, have such remedies as may be provided by the laws
of the State of Florida.
13. Notwithstanding Paragraph 12 above, this Agreement may be terminated without
cause and for convenience of either party at any time during the one (1) year option term specified,
upon furnishing thirty (30) days written notice to the other party.
14. If the Lessee shall abandon, vacate or remove the major portion of the furniture and
fixtures usually kept on the premises when the same is open for business and shall cease doing
business in the premises, then, at the option of the Lessor, this Lease shall immediately terminate,
3
and all payments made by the Lessee shall be retained by the Lessor as payment in full for the period
of time the premises are occupied by the Lessee and the Lessee shall not be entitled to any monies
so paid by him, even though such payment is for time subsequent to such closing of the premises and
removal of furniture and fixtures.
15. The Lessee pledges with the assigns unto the Lessor all the furniture and fixtures,
goods and chattels of the Lessee, which may be brought or put on the premises, as security for the
payment of the rent herein reserved, and agrees that the Lessor's lien for the payment of said rent may
be enforced by distress, foreclosure or otherwise, at the option of the Lessor, and the Lessee agrees
that such lien is granted to the Lessor and vested in the Lessor, the Lessee to pay the rent herein
reserved when the same shall become due, and it becomes necessary for the Lessor to collect said
rent by suit or through an attorney, the Lessee will be obligated to pay the Lessor a reasonable
attorney's fee, together with all costs and charges thereof.
16. In the event the premises, or any part thereof, shall at any time be destroyed or so
damaged by fire or other elements so as to be unfit for occupancy or use by the Lessee, then and in
that event, the Lessor shall have the option to terminate this lease or to repair and rebuild the
premises, remitting rents hereby damage sustained, until the premises are reinstated and made fit for
occupancy and use; and in the event the Lessor elects to exercise the option to repair and rebuild, the
same shall be done and completed within a reasonable time, but in no event shall such time be more
than sixty (60) days from the date of the initial damage or destruction rendering the premises
untenantable.
17. The Lessee shall not attach any signs to the premises, or place any lettering on the
plate glass windows, unless such signs, and such lettering, have been approved by the Lessor, and
are in conformance with any and all applicable City design and zoning guidelines.
18. If the Lessee shall occupy the premises with or without the consent of the Lessor after
the expiration of this Lease, and the rent is accepted from the Lessee during such period, such
occupancy and payment shall be construed as an extension of this Lease on a month-to-month basis
only from the date of such expiration, unless other terms of such extension are endorsed hereon in
writing and signed by the parties hereto.
19. The Lessee agrees that this Lease shall be subject and subordinate to any mortgage
or deed of trust presently encumbering the premises, or which may hereafter be made on account of
any proposed loan to be placed on the premises by the Lessor to the full extent of all debts and
charges secured thereby, and to any renewals and extension of all or any part thereof, which the
Lessor may hereafter at any time elect to place on the premises.
20. At the expiration of the term hereof, the Lessee shall quietly and peaceably deliver
the premises to the Lessor in the same repair and condition in which they were received, ordinary
wear and tear excepted. No estate for years is created by this Lease. Lessee shall be allowed to
remove those "trade fixtures" installed by Lessee, and as set forth in Paragraph 3. herein.
4
21. The Lessor covenants that it will keep the exterior roof and walls of the building in
which premises are situated, in good repair. The Lessee shall give to the Lessor seven (7) days
written notice of needed repairs, and the Lessor shall have a reasonable time thereafter within which
to commence said repairs.
22. The terms Lessor and Lessee has herein contained shall include the singular and/or
plural, masculine, feminine, and/or neuter, and heirs, successors, personal representatives and/or
assigns of the parties hereto.
23. The failure of the Lessor in one or more instances to insist upon strict performance
or observance of one or more of the covenants or conditions hereof or to exercise any remedy,
privilege or option herein conferred upon or reserved to the Lessor, shall not operate or be construed
as a relinquishment or waiver for the future of such covenant or condition or of the right to enforce
the same or the exercise such privilege, option, or remedy, but the same shall continue in full force
and effect. The receipt by the Lessor of rent, or additional rent, or any other payment required to be
made by the Lessee, or any part thereof, shall not be a waiver of any other additional rent or payment
then due, nor shall such receipt, though with knowledge of the breach of any covenant or condition
hereof, operate as or be deemed to be a waiver of such breach, and no waiver by the Lessor of any
of the provisions hereof, or any of the Lessor's rights, remedies, privileges or options hereunder shall
be deemed to have been made unless made by the Lessor in writing. If the Lessor shall consent to
the assignments of this Lease or to a subletting of all or a part of the premises, no further assignment
or subletting shall be made without the written consent of the Lessor first obtained. No surrender
of the premises for the remainder of the term hereof shall be valid unless accepted by the Lessor in
writing.
24. Lessee represents and warrants that it has not engaged in any conduct that would give
rise to claims for broker's commissions or finders' fees in connection with the execution of this
Lease.
25. Lessee shall not stock, use or sell any article or undertake any activity in the premises
which may be prohibited by Lessor's insurance policies or which will increase any insurance rates
or premiums for which Lessor is responsible.
26. Should any mechanics' or other liens be filed against the premises or any part thereof
for any reason whatsoever by reason of Lessee's acts or omissions or because of a claim against
Lessee, Lessee shall cause the same to be cancelled and discharged, of record, by bond or otherwise
within twenty (20 days after the filing such lien.)
27. In the even the premises are not ready for occupancy by the Lessee upon the
commencement date hereof, for any reason whatsoever, the Lessor shall have no liability to the
Lessee by reason of the Lessor's inability to deliver possession. In such event, the rent set forth
herein shall abate until such time as the premises are ready for occupancy and the commencement
date of the term hereof shall be deemed to commence upon such date, provided, however, that
5
notwithstanding such commencement date, this Lease shall expire on the termination date set forth
on Page 1 hereof.
28. In the event that it shall become necessary for Lessor to employ the services of an
attorney to enforce any of its rights under this Lease or to collect any sums due to it under this Lease
or to remedy the breach of any covenant of this Lease on the part of the Lessee to be kept or
performed, regardless of whether suit be brought, Lessee shall pay to Lessor such fee as shall be
charged by Lessor's attorney for such services. Should suit be brought for the recovery of possession
of the Leased Premises or for rent or any other sum due Lessor under this Lease, or because of the
breach of any of Lessee's covenants under this Lease, Lessee shall pay to Lessor all expenses of such
suit and any appeal thereof, including a reasonable attorney's fee.
29. Radon is naturally occurring radioactive gas that, when it is accumulated in a building
in sufficient quantities, may present health risks to person who are exposed to it over time. Levels
of Radon that exceed Federal and State guidelines have been found in buildings in Florida.
Additional information regarding Radon and Radon testing may be obtained from your County
Public Health Unit.
30. Notice shall be deemed properly given hereunder when made in writing and deposited
in the United States certified or registered mails, with sufficient postage prepaid thereon to carry it
to its addressed destination; and the said notices shall be addressed as follows:
For the Lessor:
Jose Garcia-Pedrosa
City Manager
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
With a copy to:
Murray H. Dubbin
City Attorney
1700 Convention Center Drive
4th Floor
Miami Beach, Florida 33139
For the Lessee:
Bernie Winer
Executive Director
Miami Beach Police Athletic League
999 11th Street
Miami Beach, Florida 33139
6
With a copy to:
Richard Barreto
Chief of Police
City of Miami Beach
11 00 Washington Avenue
Miami Beach, Florida 33139
or to such other address as shall from time to time be supplied in writing by any part to the other.
31. IndemnificationJInsurance
The Lessee shall indemnify, defend and hold Lessor harmless from any and all claims,
liability, losses, and causes of action which may arise out of Lessor's use of the premises under this
Agreement and shall pay all claims and losses of any nature whatsoever in connection therewith and
shall defend all suits, in the name of Lessor, and shall pay all costs (including attorney's fees) and
judgments which may issue thereon. This indemnification shall not be limited in any way by the
type or amount of insurance carried by Lessee.
The foregoing indemnity agreement shall apply to any and all claims or suits as determined by a
court of competent jurisdiction, and the Lessee, MIAMI BEACH POLICE ATHLETIC
LEAGUE, INC., shall specifically and distinctly assume all responsibility for reporting any and all
accidents, claims or suits arising out of or in any way connected with the aforesaid property.
The Lessee shall carry and maintain in full force and effect at all times during the term of this
Agreement the following insurance coverages:
a. Comprehensive General Liability Insurance in the amount of $300,000 per occurrence for
bodily injury and property damage.
b. All Risk Property Insurance to cover the replacement cost value of the building and its
contents.
c. The City must be named as an additional insured on the policies required above. All
Certificates of Insurance shall state: This insurance coverage is primary to all other
coverages provided by the City of Miami Beach.
d. Workers' Compensation and Employers' Liability to meet the statutory requirements of the
State of Florida.
d. All insurance policies shall be issued by companies authorized to do business under the laws
of the State of Florida and must have a rating of B+: VI or better per A.M. Best's Key Rating
Guide, latest edition.
e. Lessee shall furnish original certificates of insurance, evidencing the required coverage, and
7
receive approval of same, prior to the commencement of operations.
f. Certificates of Insurance shall be approved by the City's Risk Manager and kept on file in the
Finance Department, Insurance and Safety Division, Third Floor, City Hall.
31. Limitation of Liability
Lessor desires to enter into this Lease only if in so doing Lessor can place a limit on the
Lessee's liability for any cause of action for money damages due to an alleged breach by the Lessee
of this Lease, so that its liability for any such breach never exceeds the sum of $1,000.00. Lessor
hereby expresses its willingness to enter into this Lease with Lessee's recovery from Lessor for any
damage action for breach of contract to be limited to a maximum amount of the amount of
$1,000.00.
Accordingly, and notwithstanding any other term or condition of this Lease, Lessor hereby
agrees that it shall not be liable to the Lessor for damages in an amount in excess of $1,000.00, for
any action or claim for breach of contract arising out of the performance or non-performance of any
obligations imposed upon the Lessor by this Lease. Nothing contained in this paragraph or
elsewhere in this Agreement is in any way intended to be a waiver of the limitation placed upon
City's liability as set forth in Florida Statues, Section 768.28.
8
IN WITNESS WHEREOF, the parties hereunto set their hands and seals the day and year stated
above.
Signed, sealed and delivered
in the presence of:
LESSOR:
CITY OF MIAMI BEACH
By: ~olw.~ P M~
City Clerk
Attest:
LESSEE:
MIAMI BEACH POLICE ATHLETIC LEAGUE, INC.
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Ma::,J 8 '96 11: 11
PAl/FOP
FAX 3055311013
P. 2
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PART III PROJECT DESCRIPTION ARD IKP1.~aT~~
A. NARRATIW
1. D..cript;ion
The PAL facility is located in the Flamingo Target Area
census tract 40.00-5 through 45, of which 73' of all
persons are low t;o moderat;. incom. individual. (33,000).
The PAL facility is more specifically in Flamingo Park at
11th Street and Michigan Avenue.
Th. present facilities contain 798" square f..t. Th. new
facility will inClre... the 'size to 11806 square f..t.
Also included. in this project are two exterior canopied
walkways (not part of the 11806 sq. ft.).
The portion of the existing' facility to be replaced is a
prefabricated structure erected in 1973. The new
facility would then compliment the remaining two building
structure housing our weight lifting, kick boxing areas
and wrestling complex. .
The first floor of the new facility would house the
following: Executive staff offices, full service
kitchen, restroom facilities with showers, storage area'
and large meeting room for 60-70 people.
The second floor, reached by stairs or elevator will
consist of classrooms with moveable walls, a conference
room; office space and storage areas. Both floors'will
be prewired with cable and computer capabilities.
..
The. building, will be constructed in accordance with ADA
regulations.
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