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HomeMy Public PortalAbout12-11 Lease Agreement with School Board of MDC 1st Reading: April 25, 2012 2nd Reading: June 13, 2012 Public Hearing: June 13, 2012 Adopted: June 13, 2012 Effective Date: June 13, 2012 Sponsored by: Vice-Mayor Johnson ORDINANCE NO. 12-11 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, TO APPROVE THE LEASE AGREEMENT WITH THE SCHOOL BOARD OF MIAMI-DADE COUNTY,FLORIDA,TO LEASE A PARCEL OF LAND TO NATHAN B.YOUNG ELEMENTARY SCHOOL FOR PUBLIC EDUCATIONAL PURPOSES,PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR CONFLICT AND REPEALER; PROVIDING FOR CODIFICATION AND SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE WHEREAS,the City of Opa-locka owns a parcel of land adjacent to the Nathan B. Young Elementary School; and WHEREAS, pursuant to Resolution No 10-8027 adopted on March 10, 2010, the City of Opa-locka approved entering into an agreement with Nathan B. Young Elementary School for the parcel of land to be utilized for educational purposes; and WHEREAS,on May 11,2011 the School Board of Miami-Dade County authorized a Lease Agreement in accordance with Board Action No 114,918; and WHEREAS,the School Board of Miami-Dade County has now submitted a draft lease for approval; and WHEREAS, the City Commission of the City of Opa-locka desires to approve the Lease Agreement with the Miami-Dade County School Board for the utilization of the land for educational purposes for the Nathan B. Young Elementary School. Ordinance No. 12-11 NOW,THEREFORE,BE IT ORDAINED BY THE COMMISSION OF THE CITY OF OPA-LOCKA,FLORIDA,AS FOLLOWS: Section 1. The recitals to the preamble herein are incorporated by reference. Section 2. The City Commission of the City of Opa-locka hereby approves the Lease Agreement with the School Board of Miami-Dade County to lease a parcel of land to Nathan B. Young School for public educational purposes,to build and maintain the Community Garden,in the form attached hereto as Exhibit A. Section 3 All ordinances or Code provisions in conflict herewith are hereby repealed. Section 4. If any section,subsection,sentence,clause,phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction,such portion shall be deemed a separate,district and independent provision and such holding shall not affect the validity of the remaining portions of this Ordinance. Section 5. This Ordinance shall be codified in the Code of Ordinances when the code is recodified. Section 6. This Ordinance shall, upon adoption, become effective as specified by the City of Opa-locka Code of Ordinances and the City of Opa-locka Charter. PASSED AND ADOPTED this 13`f' day of June, 2012. MYRA TAYLOR MAYOR Ordinance No. 12-11 Attest to: Approved as to form and legal sufficiency: 1 � — I r IJoanna Flores / / Joseph S. Geller Interim City Clerk City Attorney Moved by: COMMISSIONER HOLMES Seconded by: VICE MAYOR JOHNSON Commission Vote: 5-0 Commissioner Holmes: YES Commissioner Miller: YES Commissioner Tydus: YES Vice-Mayor Johnson: YES Mayor Taylor: YES 8939475 vl THE MIAMI HERALD I MiamiHerald.com ND SUNDAY,MAY 13,2012 I 7ND a'`� CITY OF HIALEAH NEIGHBORS LEGAL NOTICE CALENDAR NOTICE IS HEREBY GIVEN THAT ON WEDNESDAY,MAY 23,2012 AT 700 P.M.,THE CITY OF HIALEAH PLANNING AND ZONING BOARD - - WILL HOLD A PUBLIC HEARING IN THE COUNCIL CHAMBERS OF a.',ills a+'i HOW TO POST IN OUR CITY HALL,3RD FLOOR,501 PALM AVENUE. CALENDAR OF 114E midethdrouggithaggth2 WILL CONSIDER THE FOLLOWING EVENTS: REGUESrx If you ont your event published PROPOSED ORDINANCE OF THE MAYOR AND THE CITY CITY OF OPA—LOCKA, FLORIDA on or„obsttes and to be automat- COUNCIL OF THE CITY OF HIALEAH, FLORIDA AMENDING Italy doddered for or fee CHAPTER 98 ENTITLED "ZONING". ARTICLE V. ZONING NOTICE TO THE PUBLIC listings In the WOW=section, DISTRICT REGULATIONS.DIVISION 16.C-2 LIBERAL RETAIL Please go to(*a„dtts,aylco,,,/ COMMERCIAL DISTRICT,OF THE CODE OF ORDINANCES AND events and dial on e4.add to our IN PARTICULAR,REVISING HIALEAH CODE§98-1111 ENTITLED Udine on the O t.Be "PERMITTED USES"TO INCLUDE PAIN MANAGEMENT CONICS NOTICE IS HEREBY GIVEN that the City Commission yon to choose•Co,tyu,tt,•as tt1e AS A PERMITTED USE AND PROVIDE REGULATIONS INCLUDING IRo catp01,•lbws,from the BUT NOT LIMITED TO DISTANCE REQUIREMENTS FROM dlop•dovoi window,pick a second PHARMACIES OR SIMILAR USES;REPEAUNG ALL ORDINANCES of the City of Opa-locka,Florida will hold a public hearing category taut best fty your type of OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; event" PROVIDING PENALTIES FOR VIOLATION HEREOF;PROVIDING at its Regular Commission Meeting on Wednesday, Post your Item we advanceofyore:dso CLAUS AND PROVIDING FORANEIFECTNEDATE.SEVERABILITY May 23, 2012 at 7:00 p.m. at the Opa-locka Municipal R can be cbleldWed la or Calen- ds ALL RECOMMENDATIONS MADE AT THIS MEETING WILL BE sctionIn Neighbors.Donot PRESENTED FOR HEARING TO THE AT THIS MEETING WILL Complex,780 Fisherman Street,2nd Floor,Opa-locka, by In"Ma Wed sow went h OF TUESDAY,JUNE 12 2012 akingpaaweththe thy of Florida to consider the following item: Mast N R's In wincorporaad Written objections mat be filed poor to hearing date with the Hialeah Wand-Dade,please state Ras Planning Division, 501 Palen Avenue, Hialeah, Florida 33010. So,gh.aN Mad-o.d.,So oMold Oral objections will be heard at the hearing.For additional information, SECOND READING/PUBLIC HEARING N0 please call(305)883-8075 or(305)883-8076. Some Important Ow You most HIALEAH PLANNING DIVISION be a nobbled lid oPNnsRM- AN ORDINANCE OF THE CITY COMMISSION aids m.Do not put Russ,date, IN ACCORDANCE WITH THE AMERICANS WITH DISABLTRES ACT OF 1990, wok admbsbn.aUat aw�bi contact PERSONS NEEDING A SPECAAL PROCEEDNGSHOU DCONTACTTHEPPLANNNINNGGDMSIONNOLATERTHAN OF THE CITY OF OPA-LOCKA, FLORIDA, TO LE E eles.sRete II.I pfO Wsd SEVEN 3A-8 76 FOR TO PROCEEDING IMPAIRED, 883-807E5TOHRE THE APPROVE THE LEASE AGREEMENT WITH THE Also,dick on all at the days your FLORIDA RELAY SERVICE NUMBERS(800)955-8771(MD)OR(800)955-8770 SCHOOL BOARD OF MIAMI-DADE COUNTY, lad poses and put I a dad flee (VOICE)FOR ASSISTANCE. for each day.N you Awe W.stims, can n and Sue Nude vino FLORIDA, TO LEASE A PARCEL OF LAND TO Please put a "'"a . City of Miami Gardens NATHAN B.YOUNG ELEMENTARY SCHOOL FOR hit d call Sus at3053,63355 Department 515N Community Street PUBLIC EDUCATIONAL PURPOSES, PROVIDING•ACTIVISM •h r" ',9, 1515 N.W.167 Street Building 5,Suite 200 Giay.Pantbr Nesting Notice: Miami Gardens,FL 33169 FOR INCORPORATION OF RECITALS;PROVIDING Victoria State Director. i s FOR AN EFFECTIVE DATE (first reading held on 2012-2013 REQUEST FOR PROPOSAL IRFPI g :"Potential Medicare?s to eam about ad- April 25, 2012). Sponsored by D.J. and Medicare'Leath about ad- vocacy steps to be implemented to NOTICE OF FUNDING AVAILABIUTY protect our retirement security.. REQUEST FOR PROPOSALS(RFP)FOR PUBLIC SERVICES 9.30 a.rtC Congregation tion ion Additional information on the above item may be 701 Universalist SW l7 t 76th Ave.,Kends. Miami. Fbquest be Poopoasa(RFP)for Program Year 2012-2013 funding w.be available charge Kith 90-8 Kendall.n0 for Pubic Service activities.The funding for this initiative is being provided as pen Na,ge.3o549oe,6s. toe Development Grant(CMG)program funded by the U.S. obtained in the Office of the City Clerk,780 Fisherman Natlerato,Mayme Club:Guest Department d Homing and Urban Development ro the Clryof Miami Gardens.Thi Street, 4th Floor, Opa-locka, Florida. All interested Miami D at our May meeting will be RFP is a formal ecadlalfon for Public Servbesfa City of Mani Gardens residents. Miami Beach Commissioner Hon. Organizations that can provide puck services to a.avb„ds and fames that persons are encouraged to attend this meeting and Jonah Wolfson,Who my be in old resign- are low-to-moderate Income Si be considered under this RFP.Services to be irg this position onosedcthinorder provldadcanklcbMbllaeMtemitedb: will be heard with respect to the public hearing. to MI as the unopposed candidate for the Florida District 106 seat.. services fa Seniors TIn.er May 31CStafsAe Surfside. Services Youth PURSUANT TO FS 286.0105: Anyone who desires ry Center.9301 Collins Ave.Surfside. Programs AMATEUR as and tile, to appeal any decision made by any board, agency, Fee kacate Classic Free Karate Francini Literacy(Asset ) or commission with respect to any matter considered Classes offered for both Children and The complete Request for Proposal. Iretructbra and Forms .a be Adulsat Range Park.. avertible on Monday,May 7,le fa download from the CPO 2012 et: at such meeting or hearing will need a record of the 6 p.m May 14.Athale Range htldJ/www.rnlemtgardera-8yowcdpggrarn rndates.lorrt 9 g Free 5NW62ndSt,Little Haiti. Thu.ua.ne.mrth.paPa.rfaa��ele..ralrrear proceedings,and for that reason,may need to ensure Fri that a verbatim record of the proceedings is made, ARTS 8 CRAFTS Rid.vdleMs to hhrb.o Monday,May 7,2012 "New Wortaa,the paintings of Pre-End Meeting 11,esd•y,May 24,2012010am which record includes the testimony and evidence Martha I S Workshop ibeHA'a""�'SI72O7I.n upon which the appeal may be based. paintings"New gallery artii Man Deadline for SWnaeMOn of Propoeele Friday,Jul 2%2012 by 4 p.m. paintings by gallery artist,Marilyn Valiente,Friday, Proposals must be submitted by 4:00 p.m.,to the Department of Community Gallery,l8ft�,-10 PM at Development,1515 NW 167 Street Bing.4,Suite 190 Miami Gardens,Florida JOANNA FLORES, CMC (AD 412-01121 INTERIM CITY CLERK •TURN TO CALENDAR,BND 2ND I SUNDAY,JUNE 3,2012 ND MiamiHerald.com I THE MIAMI HERALD Correction NEIGHBORHOOD NEWS In a story that ran in Neigh- bors on Sunday,May 27, about honoring veterans on •MIAMI-DADE and advocate for those once their screening is weather.The event is green screen technologies. Memorial Day('Stories of , VOLUNTEER who have no one to speak finished. Saturday from 11 a.m.to 6 Interactive activities Valor'),a Marine was in- for them,call today to Navarro Discount Phar- p.m.Adults and children include the Wall of Wind, correctly referred to as a ADVOCATES SOUGHT start the process of be- macies bills itself as the will learn how to protect where visitors construct a soldier,and the number of Florida's Florida's Om- coming an ombudsman. largest Hispanic-owned themselves,property and house from balsa wood enemy combatants at the budsman Program needs Call toll free drug store in the United pets.Admission to the and then place them in Battle of Fallujah was mis- new volunteer ombuds- 1-888-831-0404 or visit States.For more informa- museum is free all day. front of the wind sim- characterized in a quote. men to look out for the online at ombudsman.my lion about these screen- Miami-Dade County ulator to see whose house The'quoted number should vulnerable people in nurs- florida.com ings,go to www.colgate- Emergency Management can withstand hurricane have been 3,000. mg' homes and assisted- .com and click on"Bright representatives will be winds.One of the day's living facilities.By becom- 'MIAMI-DADE Smiles,Bright Futures." on-site to educate visitors speakers is Bonnie Schnei- FREE DENTAL ing a volunteer ombuds- about how to get prepared der,CNN weather anchor, man in Florida you can SCREENINGS FOR KIDS •MIAMI-DADE for hurricane season,pro- appearing on Headline REACH US SEVERE WEATHER change the life of people Navarro Discount Phar- vide fun activities for kids News and CNN Radio,as who live in nursing macy and toothpaste mak- SEMINAR UPCOMING and answer questions. well as the author of the homes,assisted-living er Colgate will provide The Miami Science Representatives from the Extreme Weather column EDITORIAL facilities or adult family free dental screenings to Museum,3280 S.Miami National Weather Service on CNN.com.Her first Suburban Editor care homes. families with children Ave.,has joined with the and local TV meteomlo- book,Extreme Weather:A Joan Chrasos Many of these people between the ages of 1 and International Hurricane gists will conduct live Guide lb Surviving Flash 305-376-2635 have no one to speak up 12.They will be held from Research Center and Mi- weather briefings using Floods,Tornadoes,Hurri- ictrissov@MiarniHerakf.com for them or look out for 11 a.m.to 4 p.m today,at ami-Dade County Emer- the Museum's Magic Plan- canes,Snowstorms,Duna- OTHER CONTACTS his or her best interest, the Navarro store at 8760 gency Management De- et to showcase real-time mis and Other Natural Adratlsbq making this population SW 40th St. partment to deliver a day weather.Visitors will also Disasters,was released in 305-376-2707 1 the most vulnerable.If The screenings will be of activities and informs- have the chance to learn January. Bad liaise: you want to make positive done in a mobile van,and tive speakers on how to be what it takes to be a mete- For more information, 305-376-3719 changes in people's lives children will get a free gift prepared for extreme orologist by utilizing go to www.MiamiSci.org. Subsalber Services: 1-800-843-4372 40 . ` IlircdFederal CITY OF OPA-LOCKA, FLORIDA Take interest NOTICE TO THE PUBLIC in •our CDs cials. NOTICE IS HEREBY GIVEN that the City Commission of the City of Opa-locka,Florida will hold a public hearing at its Regular Commission Meeting on Wednesday,June 13,2012 at 7:00 p.m. at the Opa-locka Municipal Complex,780 Fisherman Street,2nd Floor,Opa-locka,Florida to •23 Month CD Special• •37-Month CD Special• consider the following item: SECONDREADINGA'UBLICHEARING 1.0 5'. 1.40,HEARING AN ORDNANCE OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA,FLORIDA,TO APPROVE THE LEASE sovo MINIMUM WO MINIMUM AGREEMENT WITH THE SCHOOL BOARD OF MIAMI-DADE COUNTY,FLORIDA TO LEASE A PARCEL OF LAND TO NATHAN B.YOUNG ELEMENTARY SCHOOL FOR PUBLIC EDUCATIONAL PURPOSES,PROVIDING FOR INCORPORATION Strong.Stable.Safe. OF RECITALS;PROVIDING FOR AN EFFECTIVE DATE(first reading held on April 25,2012).Sponsored by D.J. Call or visit one of ^ locations. n Saturdays. Additional information on the above item may be obtained in the Office of the City Clerk,780 Coral Springs(954)340-4032 Fisherman Street,4th Floor,Opa-locka,Florida.All interested persons are encouraged to Plantation(954)472-6039 attend this meeting and will be heard with respect to the public hearing. Pembroke Pines(954)430-6059 4 eR gi HaUandale(954)457.2488 PURSUANT TO FS 286.0105:Anyone who desires to appeal any decision made by any board, FDIC t h i r d f e d e r a l.c o m agency,or commission with respect to any matter considered at such meeting or hearing will need a record of the proceedings,and for that reason,may need to ensure that a verbatim r. record of the proceedings is made,which record includes the testimony and evidence upon All which the appeal may be based. "Save smart with Third Federal." JOANNA FLORES,CMG k : 0 INTERIM CITY CLERK ,romml Rm.,.M4r1 IAM1 n acs....es of dm a/FaMorma,MmImou d1300mop.seamaw.dsinDom.moo 11wc.00e..e,«.,nnne... CD,able+ r+nt,y 4r.al,wA,drn.nd R..,,.4,,- cops a.,,mw i.d,mom«<aP0 0557,.,.+,q,....r.,020125.Mimi LEASE AGREEMENT THIS LEASE AGREEMENT ("Agreement") is made and entered into as of this day of , 2012, by and between the CITY OF OPA LOCKA, a political subdivision of the State of Florida (hereinafter referred to as the "Lessor"), and THE SCHOOL BOARD OF MIAMI-DADE COUNTY, FLORIDA, a body corporate and politic, existing under the laws of the State of Florida (hereinafter referred to as the "Lessee"). The Lessee and Lessor are sometimes referred to herein individually as a "Party", and collectively as the "Parties". WITNESSETH WHEREAS, the Lessor owns and has under its jurisdiction a parcel of land immediately adjacent to the Nathan B. Young Elementary School("School")campus which is capable of being utilized by Lessee for a public educational purpose; and WHEREAS the Lessor and Lessee are mutually interested in and concerned with making available the parcel of land to the School to build and maintain a Butterfly/Organic Garden ("Garden"); and WHEREAS, the City of Opa Locka by the adoption of Resolution No. 10-8027, at its meeting of March 10, 2010, approved entering into a Lease Agreement with Lessee for this purpose; and WHEREAS, the School Board of Miami-Dade County, Florida, has authorized this Lease Agreement in accordance with Board Action No.114,918, at its meeting of May 11, 2011. NOW, THEREFORE, for and in consideration of the sum of one dollar ($1.00), restrictions and covenants herein contained and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Lessor and Lessee agree as follows: Page 1 of 14 RECITALS The foregoing recitals are true and correct and incorporated herein by reference. II. EFFECTIVE DATE This Agreement shall be effective as of the latter date of execution by both Parties ("Effective Date"). Effective with the Effective Date, the Lessee may enter the Demised Premises(as hereinafter defined), for the expressed and limited purpose of conducting an environmental site assessment of the property, as further defined in Article XXVIII. III. TERM AND RENTAL The term of this Agreement shall be ten (10) years, commencing on the date that the Demised Premises, as defined in Article IV, are accepted by Lessee, in Lessee's sole discretion, as being suitable for educational purposes("Commencement Date"), as further defined in Article XXVIII. The annual rental rate shall be One Dollar ($1.00) payable to Lessor on the Commencement Date, and on the anniversary of the Commencement Date each year thereafter. IV. DEMISED PREMISES AND USE Effective with the Commencement Date, the Lessee shall have the right to occupy and use the property identified and legally described in Exhibit "A" , situated in the City of Opa Locka, Miami-Dade County, Florida, as described in folio # 08-2122-014-0060, and consisting of approximately 3,983 square feet of vacant land (hereinafter defined as the "Demised Premises"), for the purpose of building and maintaining a Butterfly/Organic Garden in order to serve the educational needs of students at the School. Other than as specified elsewhere in this Agreement, the Lessee shall have full control, custody, right and use of the Demised Premises at all times throughout the term of this Agreement. The Lessee shall not commit nor permit any violations of applicable laws, rules and Page 2 of 14 regulations upon the Demised Premises. V. IMPROVEMENTS Subject to the provisions of Article XXVI I I,the Lessee agrees to accept the Demised Premises in the condition it is in as of the Commencement Date of this Agreement. The Lessee, at its sole cost and expense, may make such improvements and construct facilities upon the Demised Premises, and make alterations, renovations and improvements to the Demised Premises, including the installation of a perimeter fence, consistent with its use for educational purposes, at Lessee's sole discretion. VI. MAINTENANCE Unless specified to the contrary elsewhere in this Agreement, the Lessee shall retain all responsibility for the maintenance, upkeep and repair of the Demised Premises, including to any improvements constructed by Lessee located thereon. VII. UTILITIES, LIENS & ENCUMBRANCES Utilities. Effective with the Commencement Date, the Lessee shall, at its own cost and expense, cause all utilities serving the Demised Premises to be placed in its name, and shall henceforth pay all such utility charges. Liens and Encumbrances. Lessor represents that the Demised Premises is free and clear, without limitation, of all governmental liens, encumbrances, violations by any jurisdictional agency, and any water and sewer fees and charges which may be outstanding through the Effective Date of this Agreement. Lessor further represents that there are no restrictions, covenants, easements, or other limitations that will preclude use of the Demised Premises for the purpose intended by the Parties. Page 3 of 14 VIII. LIABILITY FOR DAMAGE OR INJURY Subject to the limitations included within Section 768.28, Florida Statutes, the Lessor shall not be liable for any damage or injury which may be sustained by the Lessee or any persons on the Demised Premises, other than damage or injury resulting from the negligence or improper conduct on the part of the Lessor, its agents, representatives or employees, or failure of the Lessor to perform its covenants under this Agreement. Subject to the limitations included within Section 768.28, Florida Statutes, the Lessee shall not be liable for any damage or injury which may be sustained by the Lessor or any persons on the Demised Premises, other than damage or injury resulting from the negligence or improper conduct on the part of the Lessee, its agents, representatives or employees, or failure of the Lessee to perform its covenants under this Agreement. The provisions of this article shall survive the expiration, early termination or cancellation of this Agreement. Furthermore, nothing in this provision shall be construed as a waiver of sovereign immunity by Lessor nor Lessee as afforded by the laws of the State of Florida. IX. INDEMNIFICATION AND HOLD HARMLESS The Lessor does hereby agree to indemnify and hold harmless the Lessee, to the extent of the limitations included within Florida Statutes, Section 768.28, subject to the provisions in this act whereby the Lessor shall not be held liable to pay a personal injury or property damage claim or judgment by any one person which exceeds the sum of $200,000, or any claim or judgment, or portions thereof, which, when totaled with all other claims or judgments paid by the Lessor arising out of the same incident or occurrence, exceeds the sum of$300,000 from any and all personal injury or property damage claims, liabilities, losses and causes of action which may arise as a result of the negligence of the Lessor. However, nothing herein shall be deemed to indemnify the Lessee from any liability or claim arising out of the negligent performance or failure of performance of the Lessee or as a result of the negligence of any unrelated third party. Page 4 of 14 The Lessee does hereby agree to indemnify and hold harmless the Lessor, to the extent of the limitations included within Florida Statutes, Section 768.28, subject to the provisions in this act whereby the Lessee shall not be held liable to pay a personal injury or property damage claim or judgment by any one person which exceeds the sum of $200,000, or any claim or judgment, or portions thereof, which, when totaled with all other claims or judgments paid by the Lessee arising out of the same incident or occurrence, exceeds the sum of$300,000 from any and all personal injury or property damage claims, liabilities, losses and causes of action which may arise as a result of the negligence of the Lessee. However, nothing herein shall be deemed to indemnify the Lessor from any liability or claim arising out of the negligent performance or failure of performance of the Lessor or as a result of the negligence of any unrelated third party. The provisions of this Article shall survive the expiration, early termination or cancellation of this Agreement. X. ASSIGNMENT AND SUBLETTING Neither Party shall assign, transfer, or otherwise dispose of this Agreement for the term hereof, or sublease the Demised Premises or any part thereof. XI. CANCELLATION The Lessee may cancel this Agreement at any time by giving the Lessor at least sixty (60) days prior written notice. Other than in the event of default by Lessee, which default is not cured within the timeframe specified in Article XII, Lessor shall not have the right to cancel this Agreement. XII. DEFAULT An event of default shall be deemed to have occurred by either Party to this Agreement if such Party fails to observe or perform any covenant, condition or provision of this Agreement, or breaches a representation contained herein, and such failure or breach Page 5 of 14 continues for a period of thirty (30) days after written notice specifying such default and requesting that it be remedied is sent to the defaulting Party by the non-defaulting Party; provided, however, that if the default is curable but cannot be cured within thirty(30)days, then the defaulting Party shall have such additional time as is reasonably needed to cure such default so long as the defaulting Party promptly commences and diligently pursues the cure of such default to completion. The Parties agree that, in the event Lessee fails to cure a default within ninety(90) days of having been so notified by Lessor, or fails to make a good faith effort to cure said default, then Lessor may, at its option, cancel this Agreement with ten (10) days prior written notice. XIII. NO LIABILITY FOR PROPERTY The Lessee agrees to insure or self insure its interests in personal property to the extent it deems necessary or appropriate and hereby mutually waives all rights to recovery for loss or damage by any means and waives all rights to recovery for loss or damage to such property by any cause whatsoever. The Lessee hereby waives all rights of subrogation against Lessor under any policy or policies it may carry, or on property placed or moved on the Demised Premises. XIV. RIGHT OF ENTRY Other than in the case of an emergency, only after first providing reasonable notice to the School Administrator, the Lessor, or any of its agents, shall have the right to enter the Demised Premises to examine same as may be deemed necessary for the safety or preservation of said property, provided these actions do not unreasonably interfere with Lessee's use of the Demised Premises. XV. NOTICE AND GENERAL CONDITIONS A. All notices or communications under this Agreement by either Party to the other shall be sufficiently given or delivered if dispatched by(1)certified U.S. Page 6 of 14 mail, postage pre-paid, return receipt requested, (2) hand delivery, (3) Federal Express or other comparable overnight mail service, (4) telephone facsimile transmission with transmission receipt, or(5) electronic mail to the following addresses, or as the same may be changed in writing from time to time: To the Lessee: The School Board of Miami-Dade County, Florida do Superintendent of Schools 1450 N.E. Second Avenue, Room 912 Miami, Florida 33132 With copies to: Miami-Dade County Public Schools Planning, Design and Sustainability Attn: Eco-Sustainability Officer 1450 N.E. Second Avenue, Room 525 Miami, Florida 33132 arijo @dadeschools.net The School Board of Miami-Dade County, Florida do School Board Attorney 1450 N.E. Second Avenue, Room 400 Miami, Florida 33132 acraft @dadeschools.net To the Lessor: City of Opa Locka do City Manager 780 Fisherman Street Opa Locka, Florida 33054 City_Manager @opalockafl.gov City of Opa Locka City Attorney 780 Fisherman Street Opa Locka, Florida 33054 Joseph.geller @gmlaw.com B. Title and Paragraph headings are for convenient reference and are not intended to confer any rights or obligations upon the Parties to this Agreement. Page 7 of 14 C. For purposes of this Agreement, the Superintendent of Schools shall be the Party designated by the Lessee, and the Mayor of the City of Opa Locka shall be the Party designated by the Lessor, to grant or deny all approvals required by this Agreement, including the renewal, cancellation and/or termination of this Agreement as provided herein. D. Except as otherwise provided in this Agreement, any Notice shall be deemed received only upon actual delivery at the address set forth above. Notices delivered after 5:00 PM (at the place of delivery) or on a non-business day, shall be deemed received on the next business day. If any time for giving Notice contained in this Agreement would otherwise expire on a non- business day, the Notice period shall be extended to the next succeeding business day. "Day"as used in this Agreement shall be defined as calendar day, unless otherwise provided. Counsel for Lessor and counsel for Lessee may deliver Notice on behalf of Lessee and Lessor, respectively. Any party or other person to whom Notices are to be sent or copied may notify the other parties of any change in name or address to which Notices shall be sent by providing the same pursuant to this provision. XVI. DAMAGE OR DESTRUCTION In the event the Demised Premises or any improvements located thereon should be destroyed or so damaged by fire, windstorm or other casualty to the extent the improvements are rendered untenantable or unfit for the purposes intended (as defined solely by the Lessee's Department of Safety), Lessee shall have the right to cancel this Agreement by giving written notice to the Lessor, in which event the Lessee shall surrender the Demised Premises to Lessor in compliance with the provisions of Article XXIII. If the Lessee fails to cancel this Agreement, the Lessee shall cause all improvements constructed by Lessee under this Agreement within the Demised Premises to be repaired and placed in a safe, secure and useable condition within one hundred eighty(180) days Page 8 of 14 from the date of said damage or destruction, or other reasonable period of time as mutually agreed to by the Parties, which shall be determined based upon the scope and nature of the damages, costs of the necessary repairs and available funding for such repairs. XVII. NONDISCRIMINATION The Lessee agrees that there will be no discrimination against any person based upon disability, gender, sexual orientation, age, religion, race, color, creed or national origin in the use of the Demised Premises and improvements thereon. XVIII. PEACEFUL POSSESSION Subject to the terms, conditions, and covenants of this Agreement, the Lessor agrees that the Lessee shall peaceably have, hold and enjoy the above Demised Premises, without hindrance or molestation by the Lessor. XIX. SUCCESSORS AND ASSIGNS This Agreement shall extend to and be binding upon the Parties herein, their legal representatives, successors and assigns. XX. OPTION TO RENEW At the mutual agreement of the Lessor and Lessee, the Lessee shall have the option of renewing this Agreement, under the same terms and conditions set forth herein, for one (1) renewal period of ten (10) years, by providing Lessor with written notice of this election a minimum of ninety (90) days prior to the expiration of the initial term. XXI. COMPLIANCE WITH FEDERAL, STATE, AND LOCAL LAWS The Parties shall comply with all applicable laws, rules, regulations, ordinances, Page 9 of 14 and codes of Federal, State and Local Governments, including, but not limited to, the Americans with Disabilities Act and the Jessica Lunsford Act, as the same may be further amended and to the extent required by applicable law. XXII. CONSTRUCTION OF AGREEMENT This Agreement shall be construed and enforced according to the laws of the State of Florida and the venue for any disputes shall be in Miami-Dade County, Florida. XXIII. SEVERABILITY In the event any paragraph, clause or sentence of this 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 Agreement and the balance of the Agreement shall not be affected by the deletion thereof, provided to do so would not render interpretation of the Agreement provisions ambiguous or a nullity. XXIV. SURRENDER OF PREMISES The Lessee agrees to surrender to the Lessor at the end of the term of this Agreement, or any extension thereof, or upon cancellation or termination of the Agreement, said Demised Premises in as good condition as said premises were at the beginning of the term of this Agreement, ordinary wear and tear, damage by fire,windstorm, or other Acts of God, excepted. XXV. ATTORNEYS FEES In the event of any litigation between the Parties under this Agreement, each Party shall be responsible for its own attorney's fees and court costs through trials and appellate levels. The provisions of this term shall survive the termination of this Agreement. Page 10 of 14 XXVI. INSURANCE Lessee operates a self- insured program for general liability, automobile liability and workers' compensation in accordance and subject to the limitations as set forth in Section 768.28 of the Florida Statutes. Lessee shall provide Lessor with a certificate of self- insurance routinely issued by Lessee's Risk Manager. XXVII. AMENDMENTS Amendments and Addenda to and waivers of the provisions contained in this Agreement may be made only by an instrument in writing which is executed by both Parties. XXVIII. ENVIRONMENTAL SITE ASSESSMENT As a condition precedent to the commencement of this Agreement, Lessee, at Lessee's sole cost and expense, shall conduct a Phase I Environmental Site Assessment ("Phase I") of the Demised Premises, and, if deemed necessary by the Lessee, in consultation with the environmental consultant, a Phase II Environmental Site Assessment ("Phase II") shall also be conducted (the Phase I and Phase II shall hereinafter be collectively referred to as the "ESA"). The purpose of the ESA is to establish the viability of the Demised Premises for use for educational purposes as of the Commencement Date of this Agreement. The Parties expressly covenant and agree that Lessee, through its Department of Safety, in consultation with the ESA provider, shall be the Party to make such a determination in its sole discretion. In the event a determination is made by Lessee that the Demised Premises is viable for educational purposes, Lessee shall so notify Lessor in writing, and this Agreement shall commence as of the date of said notification, and the notice of acceptance shall become a part of this Agreement by reference. In the event a determination is made by Lessee that the Demised Premises is not viable for educational purposes, Lessee shall so notify Lessor in writing, and this Agreement shall terminate as of the date of said notification, and be of no further force and Page 11 of14 effect. XXIX. INSPECTOR GENERAL OFFICE The School Board Office of Inspector General (SBOIG) may, on a random basis, perform audits, inspections and reviews of all School Board contracts. Consequently, the Lessor acknowledges and accepts the authority of the SBOIG to conduct such random audits, inspections, and reviews, including, but not limited to, the authority of the SBOIG to access the Lessor's records, its legal representatives' and contractors' records and the obligation of the Lessor to make those records available upon request. The Lessor shall incorporate this clause into every contract that it enters into relating to this Agreement. XXX. ENTIRE AGREEMENT This Agreement represents the entire agreement between the Parties. All Amendments shall be in writing and approved as required by this Agreement. [SIGNATURE PAGE FOLLOWS] Page 12 of 14 IN WITNESS WHEREOF, the Lessee and Lessor have caused this Agreement to be executed by their respective and duly authorized officers the day and year first hereinabove written. LESSOR: LESSEE: CITY OF OPA LOCKA THE SCHOOL BOARD OF MIAMI-DADE COUNTY, FLORIDA City Manager Alberto M. Carvalho Superintendent of Schools Date Date ATTEST: City Clerk To the Board: Approved as to form: Approved as to form and legal sufficiency: City Attorney School Board Attorney Page 13 of 14 EXHIBIT "A" LEGAL DESCRIPTION OF PROPERTY The South 40 feet of Lot 5, Block 314, of GERALD ESTATES, according to the Plat thereof, as recorded in Plat Book 49, at Page 72, of the Public Records of Miami-Dade County, FL. Page 14 of 14 Sponsored by:Mayor Kelley Resolution No. 10-8027 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA TO ENTER INTO A PARTNERSHIP BETWEEN THE CITY OF OPA-LOCKA, FLORIDA, AND NATHAN B.YOUNG ELEMENTARY SCHOOL TO SUPPORT THE BUTTERFLY GARDEN PROJECT; PROVIDING FOR RECITALS;PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Principal of Nathan B.Young Elementary School requests the City of Opa- locka to enter into a partnership in the Butterfly Garden Project to provide the students of Nathan B. Young with a global educational experience; and WHEREAS, Nathan B. Young Elementary has asked that the City of Opa-locka, Florida allow the school to use unoccupied city land so that they can coordinate,build and maintain a School Butterfly Garden; and WHEREAS, the unoccupied land in consideration for the Butterfly Garden Project is located behind the school and adjacent to the North side of the Abbey Sue Apartment Complex at 14140 Burlington Street and 24th Court. NOW,THEREFORE,BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF OPA-LOCKA,FLORIDA: Section 1. The recitals to the preamble herein are incorporated by reference. Section 2. The City Commission of the City of Opa-locka,Florida hereby agrees to enter into a partnership with Nathan B.Young Elementary School to support the Butterfly Garden Project. Resolution No. 10-8027 Section 3. The City agrees to lease the unoccupied city property identified herein to the Butterfly Garden Project for $1 a year, cancellable by either party on 30 days notice, in a form acceptable to the City Attorney. Section 4. The City authorizes and directs the City Manager to render other assistance to the Butterfly Garden Project as may be appropriate. Section 5. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 1e day of March, 2010. - r MAYOR Attest: Approved as to form and legal sufficiency: hip ' A • B• • IRBY JOS'''H S. ' LLER,ESQ. CITY CLERK IN'f • t ITY ATTORNEY March 10,2010 DATE Moved by: JOHNSON Seconded by: HOLMES Commission Vote: 5-0 Commissioner Holmes: YES Commissioner Johnson: YES Commissioner Tydus: YES Vice-Mayor Taylor: YES Mayor Kelley: YES