Res. No. 36-79-1058ORDINANCE NO.36-79-1058
AN ORDINANCE OFTHE CITY OFSOUTH MIAMI,FLORIDA,
AUTHORIZING THE CITY MANAGER TO TERMINATE A LEASE
AGREEMENT DATED MARCH 18,1955,ASAMENDEDON
JULY 26,1974,AND ENTER INTO A NEW LEASE AGREEMENT
WITHTHESCHOOLBOARDOFDADE COUNTY,FLORIDA,FOR
THELEASEOFHEREINAFTERDESCRIBEDPROPERTYLOCATED
ATSOUTHMIAMIELEMENTARYSCHOOLANDSOUTHMIAMI
JUNIORHIGH SCHOOL,ACOPYOFWHICHLEASEIS
ATTACHED TO THIS ORDINANCE.
WHEREAS the City of South Miami and the School Board of Dade County,
Florida have agreed to terminate a Lease Agreement dated March 18,1955,
as amended on July 26,1974,and enter into a new lease agreement.
NOW,THEREFORE,be it ordained by the Mayor and the City Commission
of the City of South Miami,Florida:
Section 1.That the City Manager be,and is hereby authorized to enter
that certain Lease Agreement with the School Board of Dade County,Florida,
attached hereto and marked Exhibit "A",which Lease Agreement terminates a
Lease Agreement dated March 18,1955,as amended on July 26,1974,and
contains new terms and conditions for the lease of the property described
as follows:
The NE^of the SE%ofthe HEk less the
North249.85feetthereof,
and
TheEast250feetofthe mk ofthe SE%
of the NE%,all in Section 26,Township
54 South,Range 40 East,in Dade County,
Florida.
located at the South Miami Elementary School and the South Miami Junior
High School,in the City of South Miami.
PASSED and ADOPTED this 18th day of December »1979.
APPROVED:
Attest:
/CJ^uLJLjl+J
CITY CLERK
Passed on First Reading:12/04/79
Passed on Second Reading:12/18/79
MAYOR
Movedby
Seconded by.
YES
Mayor Block
Commissioner LanFz
NO
Rlnrk X
Bowman X
ftihsnn absent
Lantz ..X
McCann_X
LEASE AGREEMENT
THIS LEASE AGREEMENT,made and entered into this 24th
day of January ,19 80,by and between the City of South Miami,
a municipal corporation of the State of Florida,hereinafter
called the "City",and the School Board of Dade County,Florida,
a body corporate and politic organized under the laws of the State
of Florida,F/K/A the Board of Public Instruction of Dade County,
Florida,hereinafter called the "School Board".
WITNESSETH;
WHEREAS,on the 18th day of March,1955,the City leased
to the School Board certain real property lying and >5eing in Dade
County,Florida,for use in conjunction with the operation by the
School Board of the South Miami Elementary School and Junior High
School;and
WHEREAS,on the 26th day of July,1974,the parties
hereto entered into an Amendment to the Lease Agreement dated
March 18,1955;and
WHEREAS,the parties hereto have agreed to terminate said
Lease Agreement dated March 18,1955,as amended on July 26,1974,
and enter into a new lease agreement under the terms and conditions
hereinafter mentioned.
NOW,THEREFORE,it is mutually agreed that the Lease
Agreement dated March 18,1955,as amended on July 26,1974,is
null and void and of no further force or effect as of the date
first written above;and the parties hereto have entered into
the following Lease Agreement:
For and in consideration of the covenants herein contained
on the part of the Board to be kept and performed,the City does
hereby lease to said Board the following described real estate
lying and being in the County ofDade,State of Florida,to-wit:
The NE%of the SE^g of the NE^less
the North 249.85 feet thereof,
and
The East 250 feet of the NW%of the
SE%of the NE^s,all in Section 26,
Township 54 South,Range 40 East,
in Dade County,Florida.
To have and to hold fora term of thirty (30)years from the
24th day of January ,19 80 (hereinafter referred to as the
"effectivedate")oruntil South Miami Elementary SchoolandSouth
MiamiJuniorHigh School shall cease tobe operated as schools for
a period ofsix (6)monthsormore,then the rights ofthe Board
underthisleaseshallimmediatelyceaseand terminate andtheCity
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shall be entitled to immediately possess the said premises unless
the non-use of said property as aforesaid is the result of an emer
gency such as an act of God,riot,insurrection or state of war
declared by Congress,which emergency has the effect of eliminating
all need for said property asa school,and in the event of any such
emergency,the running of the six (6)months period shall be tolled
until the emergency is abated,whichever event first occurs;at the
end of the thirty (30)year lease period aforesaid,the Board shall
have the option,upon giving thirty (30)days notice in writing to
the City ofits intention to exercise said option,to lease said
property at the same annual rental,adjusted as hereinafter pro
vided,foran additional thirty (30)year period providing that
the said property is still being used by the Board for school
purposes as aforesaid;and at the end of the first option period,
that is sixty (60)years after the effective date of this lease,
the Board shall have the option,upon giving thirty (30)days
notice in writing to the City ofits intention to exercise said
option,tolease said property atthesame annual rental,adjusted
ashereinafterprovided,fromyeartoyearforanadditionalthirty
(30)year period providing that thesaid property isstill being
used by the Board for school purposes as aforesaid.
The City and the Board further covenant and agree as
follows:
1.TheSchool Board agreestopayasrentaltotheCity
for the 1978-1979 school year thesumof Eight Thousand Seven
HundredDollars ($8,700.00),andforeachconsecutiveschoolyear
after the 1978-1979 school year during the term of this lease or
renewalthereof,theSchoolBoardshallpayasrentaltotheCity
asum which is determined byusingthesum $7,000.00 asabase,
adjusted by the percentage differential between the Consumer Price
Index revision for Urban Wage Earners and Clerical Workers for
September1978of199.1andthesameindexforthemonthofSeptember
ineachoftheconsecutiveyearsthereafter,provided,however,that
nopercentagedifferentialshallbepayableinexcessoftenpercent
ofthesumpaidinthepreceding year.TheSchoolBoardagreesto
paythe aforesaid sumstotheCityonor before December 15thof
therespectiveschoolyearthenin progress,exceptthatthesum
of $8,700.00 for the 1978-1979 school year shall be due andpay
able upon execution of this agreement.
2.The Board shall have the exclusive use and control of
theleasedpremisesforrecreation,playground and athletic
purposesbetweenthehoursof 8:00 A.M.and3:30 P.M.duringthe
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school year except Saturdays,Sundays and school holidays.As
used herein,the school year shall conform to the School Calendar
as adopted annually by the School Board,generally beginning on
thelast Monday in August and ending inthe second week inJune.
3.The City shall have exclusive use and control of the
leased premises including the equipment and facilities situate
thereon on Saturdays,Sundays and school holidays throughout the
entire school year;during the summer months,whether or not sum
mer school is being conducted,and from 3:30 P.M.to 8:00 A.M.the
following morning on Monday through Friday of each week during the
school year.
4.Use of the grounds by either agency during the other's
period of exclusive use shall be scheduled through the Principal
of South Miami Junior High School or the Park Recreation Director
asmay from time to time be required for special school activities
or City recreation programs.
5.The City shall maintain the demised premises at City
expense,with the rental paid by the Board,as recited above,being
applied to the cost of said maintenance.The City shall maintain
the demised premises ina clean and safe condition suitable for
school playground purposes during the school year.
In the event an unsafe or hazardous condition should exist,
the Board shall notify the City in writing of said condition.
Should the City failto take proper corrective action within thirty
(30)days,the Board may atits option take action to effect the
necessary repairs and withhold the cost thereof from the next
ensuing rental payment.
6.Utility bills for water,sewer and electric service
tothe demised premises shallbe paid by the City.
7.The Board will makeno unlawful,improper or offensive
useofthe premises orwhichshallormaybeanuisance,annoyance,
inconvenience or damaging totheCityorits inhabitants ortothe
occupants of the adjoining premises orto the neighborhood.The
BoardwillobserveallCitysanitary,healthandpublicsafety
rules and laws.
8.The City agrees notto operate the snack shoporper
mitthe operation ofanyfoodconcessiononthedemisedpremises
betweenthehoursof8:00 A.M.and3:30 P.M.onschool days.
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9.In the event exemption from taxes granted to the City
and the Board is withdrawn at any future time by any governmental
agency so that it becomes necessary to pay taxes upon the leased
premises and improvements situate thereon,then the Board agrees
to pay and assume a proratable share of said taxes.The Board's
proratable share shall include the unimproved land value of the
leased premises during the periods of time specified in paragraph
2 hereof.The City's proratable share shall include all buildings,
lighting system and other improvements located on the leased pre
mise during the calendar year and land and improvements for all
periods of time specified in paragraph 3 hereof.
10.The School Board and the City agree to insure or self
insure their respective interests in real or personal property to
the extent each deems necessary or appropriate,and hereby waive
all rights to recovery from the other party to this agreement for
loss or damage of such property by any cause whatsoever.The
School Board and City hereby waive all rights of subrogation under
any policy or policies they maycarry,oron property placed or
moved on the premises.
11.The School Board agrees to indemnify and hold the
City harmless to the extent of the limitations included within
Florida Statutes,Section 768.28,onlyastoanyloss,damage,
claim,demand,suit,liability,or payment directly caused bythe
acts or omissions ofthe School Board's employees and agents while
the School Board is using the demised premises,pursuant to this
Lease Agreement.
12.The City agrees to indemnify and hold the School Board
harmless,to the extent of the limitations included within Florida
Statutes,Section 768.28,only astoanyloss,damage,claim,de
mand,suit,liability or payment directly caused bytheactsor
omissionsoftheCity'semployeesandagentswhiletheCityis
usingor controls the demised premises,pursuant tothisLease
Agreement.
13.TheCityagreesthatitwillnoterectanybuilding
or other obstruction on the demised premises without first ob
tainingthewrittenapprovalofthe Board,whichapprovalshall
not be unreasonably withheld.
14.ThattheBoardwill not,withoutpreviousconsentin
writingfromthe City,assignor sub-lease thesaidpremisesor
any part thereof.
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15.Either party shall have the right to cancel this
Lease Agreement on June 30of any year by giving the other party
notice in writing thirty (30)days prior to said date.
16.The City agrees that it will not dispose of the de
mised premises,or use said property for purposes other than park
and recreation purposes prior to the termination of this agreement
and any extensions thereof.
17.In the event the City shall discontinue use of the
demised property for park and recreation purposes or shall cease
to maintain the property as required under paragraph 5 hereof,for
a period of six months or more,then the Board shall assume mainte
nance of the property for school playground purposes and shall not
be liable for payment of rents until or unless the City resumes
operation and maintenance of the property.Nothing in this para
graph shall require the Board to maintain the property in a con
dition suitable for operation ofa City recreation program.
18.In the event the Board shall default in the payment
of rent or shall violate anyofthe covenants of this Lease Agree
ment,the City shall notify the Board in writing of such default
and the Board shall correct such default or violation within thirty
(30)days of said written notice.
19.Itis understood and agreed between the parties here
to that written notice addressed and delivered to the Superintendent
of Schools at 1410 N.E.2nd Avenue,Miami,Florida 33132,shall
constitute to sufficient notice to the Board,and written notice
addressed and delivered to the City Manager,City of South Miami,
6130 Sunset Drive,South Miami,Florida 33143,shall constitute
sufficient notice totheCity,to comply with the terms of this
Lease Agreement or required bylaw.
20.Itishereby covenanted and agreed between theparties
heretothatallcovenants,conditions,agreementsandundertakings
containedinthisLeaseshallextendtoandbebindingonthere
spectivesuccessorsandassignsoftherespectivepartieshereto,
thesameasiftheywereineverycasenamedandexpressed.
ThisLease Agreement containsthe entire agreement be
tween the parties hereto regarding the property described here
inabove andmaybemodifiedonlybyamendmentdulyexecutedby
the respective parties.Notwithstanding anythingtothe contrary
herein contained,the property herein demised shall not include
theuseofany buildings,lighting systems,fixtures,and/orequip
ment therein or there on.
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IN WITNESS WHEREOF,the City of South Miami and The School
Board of DADE COUNTY,FLORIDA have caused this Lease Agreement to
be executed by their respective and duly authorized officers,on
the day and year first above written.
ATTEST:
ATTEST:
City Clerk
THE SCHOOL BOARD OF
DADE COUNTY,FLORIDA
THE CITY OF SOUTH MIAMI,FLORIDA