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RESOLUTION 92-20517 Resolution No. 92-20517 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING A LEASE AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND THE DADE COUNTY SCHOOL BOARD FOR THE USE OF A PORTION OF THE PARCEL OF LAND ADJACENT TO NORTH BEACH ELEMENTARY SCHOOL. WHEREAS, the School Board of Dade County owns and has under its jurisdiction a parcel of land adjacent to North Beach Elementary School; and WHEREAS, the City of Miami Beach often utilizes said parcel for recreational purposes; and WHEREAS, the most recent Lease Agreement between the parties for use of this parcel terminated in April, 1977 ; and WHEREAS, both parties would benefit from the proposed Lease Agreement. NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Clerk enter into a Lease Agreement with the Dade County School Board for the use of a portion of the parcel of land adja ent to Nor • Beach Elementary. PASSED and ADOPTED this 3rd ea, of June , 1992 . 1 'YOR ATTEST: uLtkAiti ?arr-04 -- 16- ORM APPROVED CITY CLERK Ustu2_ EPT. 6 ' AR/m 1 w Date r a- CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139 OFFICE OF THE CITY MANAGER TELEPHONE: (305) 673-7010 FAX: (305) 673-7782 COMMISSION MEMORANDUM NO. C L)/StD DATE: May 20, 1992 TO: Mayor Seymour Gelber and Members of the City Commission FROM: Roger M. Caritp6itai City Manager SUBJECT: LEASE AGREEMENT WITH THE SCHOOL BOARD OF DADE COUNTY FOR THE USE OF A PORTION OF THE PARCEL OF LAND ADJACENT TO NORTH BEACH ELEMENTARY SCHOOL. ADMINISTRATION RECOMMENDATION: The Administration recommends approval for the Mayor and City Clerk to enter into the attached Lease Agreement with the Dade County School Board for joint use of the described property adjacent to North Beach Elementary School for basketball and tennis court facilities. BACKGROUND: The City of Miami Beach has had a Lease Agreement with the Dade County School Board for the joint use of a parcel of School Board owned property adjacent to North Beach Elementary School. The Parks and Recreation Department often utilizes the space in conjunction with programs operated at Muss Park (4400 Chase Ave) . During the course of the original agreement, the City constructed tennis and basketball courts on the site. However, the Lease Agreement terminated in April, 1977, and we have, therefore, been operating without a Lease Agreement since that time. The Parks and Recreation Department has continued to maintain these courts and the landscaping nearby, even though the agreement had expired. ANALYSIS: The School Board is proposing a few minor changes to the Agreement that was in place from 1972 to 1977 . Most notable among the changes is the area covered by the Agreement. (Exhibit A of the Lease) . Under the old Agreement (1972-1977) the City had use of field space adjacent to the school. Under the new Agreement, City operations would be restricted to the basketball and tennis courts. This has been necessitated due to increased enrollment at the school which has resulted in the installation of portable classrooms on the field space. It is not expected that this will adversely impact on programming at Muss Park due to the fact that the newly renovated park now has adequate field space. The Lease Agreement has been modified to reflect the City's acknowledgement that the School Board may utilize a portion of the premises for parking and/or a student drop-off zone in the future. 53 AGENDA I TEM _ E. DATE 9 2_, • , I / I � M r• CONCLUSION: The Dade County School Board would like to enter into a new agreement at this time. Towards that end, the School Board has re- written the Agreement and is now submitting it to the City for approval. 54 LEASE AGREEMENT THIS LEASE AGREEMENT, made and entered into this 5th day of June , 1992 , by and between THE SCHOOL BOARD OF DADE COUNTY, FLORIDA, a political subdivision of the State of Florida, (hereinafter called the "LESSOR”), and the CITY OF MIAMI BEACH, a municipal corporation of the State of Florida, hereinafter called the "LESSEE”). WITNESSETH: WHEREAS, the LESSOR and LESSEE are mutually interested in and concerned with providing and making available recreational programs, activities and facilities for the use and benefit of the people of the City of Miami Beach; 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, athletic field and recreational area in connection with the LESSEE ' s educational and recreational objectives; and WHEREAS, these objectives may be the 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. NOW, THEREFORE, in consideration of the mutual covenants hereinafter contained and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: 1 I . PREMISES TO BE LEASED LESSOR does hereby lease to LESSEE the following described parcel of land, hereinafter called the "DEMISED PREMISES", lying and being in the County of Dade, State of Florida, to wit: A portion of lots 1, 2 , 3 , 4 and 5 of Block 3 , of NURSERY SUBDIVISION OF THE MIAMI BEACH BAY SHORE COMPANY, Miami Beach, Florida, according to the plat thereof as recorded in Plat Book 23 , Page 66, of the Public Records of Dade County, Florida and more specifically displayed on the sketch attached hereto as Exhibit II . TERM OF LEASE AGREEMENT The term of this Lease Agreement shall be ten (10) years commencing on the date hereof. Said term may be extended at the option of the LESSOR for one (1) additional term of ten (10) years, upon the same terms and conditions and at the same consideration as provided herein, provided LESSEE gives written notice to the LESSOR of such extension no later than sixty (60) days prior to the expiration of the initial term hereof. III. USE OF PROPERTY The specific area of use by LESSEE shall be limited to the area identified in Exhibit A. LESSOR reserves full control , custody, right and use of the specified area during regular school hours on regular school days and at all other times required by LESSOR for the operation of school activities. LESSEE shall have full control, custody, right and use of the said area for the 2 , • public at all other times. The DEMISED PREMISES shall be utilized as a playground, athletic and recreation area and LESSEE acknowledges that in the future the LESSOR may utilize a portion of the DEMISED PREMISES for a parking and/or student drop-off zone if warranted. LESSEE reserves the right to construct recreational facilities on the DEMISED PREMISES at such time as it shall be in the best interest of the community, subject to the prior written approval of the LESSOR. Such facilities shall be managed , supervised and maintained by LESSEE, at LESSEE'S sole cost and expense. The use of the DEMISED PREMISES for carnivals, fairs, exhibits, mechanical rides, midways, or the same or similar kinds of activities is expressly prohibited. LESSEE shall not engage in the sale of food, drink, alcoholic beverages, or the sale of any other merchandise to the public on the DEMISED PREMISES. 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. LESSOR or LESSEE shall be entitled to make application to the other party for use during the period of exclusive use by the other party. LESSOR and LESSEE shall be reasonable in approval of the other's request, especially for the school 's pre-scheduled athletic events, provided any use by LESSEE does not interfere with LESSOR'S planned use of the DEMISED PREMISES. IV. IMPROVEMENTS LESSEE agrees that no construction, repairs, alterations or improvements may be undertaken by it upon the DEMISED PREMISES unless the plans: (1) Be first submitted to and approved by the LESSOR 3 (2) Be in compliance with all applicable State, County, School Board and City rules and regulations Such improvements are to be at the sole cost and expense of LESSEE. 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. The LESSEE covenants and agrees that it shall indemnify, hold harmless and defend LESSOR from and against any and all claims, suits, actions or causes of action arising out of or in connection with the construction costs and expenses of said improvements. V. CONSIDERATION LESSEE does hereby covenant and agree to pay LESSOR as consideration for the use and occupance of the DEMISED 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 4 , may carry or on property placed or moved on the DEMISED PREMISES. VII . INDEMNIFICATION LESSEE covenants and agrees that it shall indemnify, hold harmless and defend LESSOR, from and against any and all claims, suits, actions, damages or causes of action arising from or in connection with LESSEE's use and occupancy of the DEMISED PREMISES during the term of this Lease Agreement, for any personal injury, loss of life or damage to property sustained in or about the DEMISED PREMISES, to the extent of the limitations included within Florida Statutes, Section 768 . 28 . VIII . UTILITIES LESSEE shall pay for all utilities consumed on the DEMISED PREMISES as well as all connection and installation charges thereof and waste collection fees, if any, incidental to LESSEE 's use. IX. MAINTENANCE OF LEASED PREMISES LESSOR shall have sole responsibility for the maintenance of the DEMISED PREMISES during its period of use. Maintenance shall include trash or litter removal as well as any repairs caused by LESSOR' s actions. LESSEE shall have sole responsibility for maintenance at all other times. Maintenance shall include but not be limited to mowing, edging, trimming, trash and litter removal, irrigation (function and repair) , fence and barrier repair, basketball and tennis court upkeep and field maintenance, if applicable. Improvements now existing on the DEMISED PREMISES 5 consisting of an asphalt basketball court and tennis courts as well as those placed thereon by LESSEE in the future, shall be maintained by LESSEE. X. ASSIGNMENT AND SUBLETTING OF PREMISES LESSEE shall not, at any time during the term of this Lease Agreement, sublet in part or whole the DEMISED PREMISES, or assign this Lease Agreement or any portion or part thereof. 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 the LESSOR's designee to enter upon the DEMISED PREMISES during periods the DEMISED PREMISES are under LESSEE ' s control for any purpose LESSOR deems necessary, 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 DEMISED PREMISES except with prior written approval of the LESSOR or its designee, which approval shall not be unreasonably withheld. 6 XIV. TERMINATION Either party shall have the right to cancel this Lease Agreement by giving the other prior written notice ninety (90) days prior to the effective date of such cancellation. LESSEE and LESSOR agree that they shall perform and abide by all the terms and covenants of this Lease Agreement. In the event of any breach of any such terms or covenants, the party in breach shall be given thirty (30) days written notice to cure said breach, failing which the non-breaching party shall have the right to terminate this Lease Agreement. XV. NOTICE AND GENERAL CONDITIONS A. All 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 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 posted or the date of actual receipt, whichever is earlier. 1 . In the case of notice or communication to LESSEE: City of Miami Beach Park and Recreation Department 1700 Convention Center Drive Miami Beach, Florida 33139 7 • 2 . In the case of notice or communication to LESSOR: The School Board of Dade County, Florida c/o Superintendent of Schools School Board Administration Building 1450 N.E. 2 Avenue Miami, Florida 33132 With a copy to: Dade County Public Schools Site Planning and Government Liaison Department Attention: Director 1444 Biscayne Boulevard, Suite 302 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. XVI . SPECIAL ASSESSMENTS OR TAXING DISTRICT Should the DEMISED PREMISES become subject to ad valorem taxation, the LESSEE shall pay one half of the taxes and the LESSOR one half. 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 DEMISED PREMISES to LESSOR in accordance with the covenants herein contained. 8 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 DEMISED PREMISES and improvements thereof. It is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Lease Agreement automatically terminates without any further action on the part of LESSOR, effective the date of the Court Order. 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 part of this Lease Agreement. XX. CONSTRUCTION OF AGREEMENT This Lease Agreement shall be construed and enforced according to the laws of the State of Florida. XXI. 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 balance of the Lease Agreement shall not be affected by the deletion thereof. 9 � f XXII. 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. XXIII. 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 strict performances 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. XXIV. 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. 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. 10 XXV. ENTIRE AGREEMENT This Lease Agreement represents the total agreement between the parties. IN WITNESS WHEREOF, the parties hereto have individually, through their proper officials, executed this Lease Agreement the day and year first hereinabove written. THE //TY OF MIAM *EACH, FLORIDA THE SCHOOL BOARD OF DADS COUNTY, FLORIDA Of 940A1 / Mayor Chairman , .TT •T: ATTEST: , 7)( City Clerk b/s[i =c XEMI' APPROVED AS TO FORM: APP'•OV^ e /O FORM 40410 v City Attorney A brne, or The Bo r a: 1-195 11 .. ! EXHIBIT "A" . . . f011%i Tennis Courts . . . - il l' • SE' Basketball Court 0 \,...... ...0 . : . - . . . - *--, . E 3 42 Street t * c 0 r---- 0 a s a 0 a' r. s• y• IMP 6 r d NORTH BEACH ELEM 41 Street NORTH U 1<J tr 1 JN iii, RESOLUTION NO. 92-20517 Authorizing a lease agreement between the City of Miami Beach and the Dade County School Board for the use of a portion of the parcel of land ad acent to North Beach Elementary School.