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repealed.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