HomeMy WebLinkAboutItem 03 Approval of Use Agreement with Renaissance Charter School on Donated Lands 11/4_ _Jr
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AGENDA ITEM COVER SHEET
Meeting Date: February 18, 2020
Item # 3
Reviewed By:
Contact Name: Craig Shadrix, Assistant Department Director: 0.....11.1.16
City Manager
Contact Number: City Manager:
Subject: Proposed Use Agreement with Renaissance Charter School on donated lands.
Commission District#1 — Larry Brinson Sr.
Background Summary:
The Renaissance Charter School desires to enter into an Agreement with the City whereby the School,
or its agent or assigns, will obtain a non-exclusive right to use land donated to the City from Orange
County along West Road for the purpose of engaging in fundraising activities consistent with the
School's non-profit status and for providing agricultural education to students, including education
regarding Aquaponics, removable plant beds, and planting and maintaining other portable gardens.
Within the donated lands, Renaissance Charter School will work with Backyard Farm Express to build
and help operate a state-of-the-art Aquaponic Farm operating system. The farm will allow the students to
participate with hands-on interaction gaining outside classroom experience in health, nutrition,
agriculture, economics, chemistry, biology, botany, business management, art and more. The school will
get to benefit from the part of the gross produce sales as a fundraiser. The farm size is no more than 100
feet by 50 feet in size.
Orange County will transfer the lands upon approval from the County Commission at its February 25,
2020 meeting. Due to drainage and other factors, the lands have to remain in City ownership, and is not
usable for any perceived City use. The farm structure is designed to be built above the ground and will
not affect the lands.
•
Issue:
Should the City Commission approve the Use Agreement with Renaissance Charter School?
Recommendations
Staff recommends the City Commission approve the Use Agreement with Renaissance Charter School.
Attachments:
Location Map
Use Agreement
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Financial Impact:
None.
Type of Item: (please mark with an x')
Public Hearing For Clerk's Dept Use:
Ordinance First Reading N Consent Agenda
Ordinance Second Reading Public Hearing
Resolution Regular Agenda
X Commission Approval
Discussion& Direction
Original Document/Contract Attached for Execution by City Clerk
Original Document/Contract Held by Department for Execution
Reviewed by City Attorney Use Agreement was prepared by Dana Crosby-Collier N/A
Reviewed by Finance Dept. N/A
Reviewed by
N/A
Reviewed by N/A
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THIS INSTRUMENT PREPARED BY:
Dana Crosby-Collier,Esq.
SHUFFIELD,LOWMAN&WILSON,P.A.
1000 Legion Place,Suite 1700
Post Office Box 1010
Orlando,FL 32801
(407)581-9800
AFTER RECORDING RETURN TO:
Melanie Sibbitt,City Clerk
CITY OF OCOEE
150 N.Lakeshore Drive For Recording Purposes Only
Ocoee,FL 34761
USE AGREEMENT
(Renaissance Charter School)
THIS USE AGREEMENT (the "Agreement") is made and entered into as of the
day of , 2020, by and between CITY OF OCOEE, a Florida municipal
corporation existing under the laws of the State of Florida, whose mailing address is 150 N.
Lakeshore Dr.,Ocoee,Florida 34761,Attention: City Manager(the"City"),and RENAISSANCE
CHARTER SCHOOL, INC., a Florida non-profit corporation (the "School"), whose mailing
address is 6278 N. Federal Hwy. Suite 384, Ft. Lauderdale, Florida 33308-1902.
WITNESSETH:
WHEREAS,the School has established a charter school at 83 West Road,which is located
north of the Property that is owned by the City that is the subject of this Agreement and which is
more particularly described on Exhibit A attached hereto and incorporated herein by this reference
(the "Property"); and
WHEREAS,the School desires to enter into an Agreement with the City whereby School,
or its agent or assigns, will obtain a non-exclusive right to use the Property for the purpose of
engaging in fundraising activities consistent with the School's non-profit status and for providing
agricultural education to students, including education regarding Aquaponics, removable plant
beds, and planting and maintaining other portable gardens (collectively the "Use"); and
WHEREAS,the School desires to enter into an Agreement with the City whereby School,
or its agent or assigns, will obtain a non-exclusive right to install, construct, and maintain the
following improvements within the Property: Improvements associated with the Use, installing
and maintaining an electric power pole, (collectively the "Improvements"); and
WHEREAS, the City requires that the School be solely responsible for the fulfillment of
certain commitments and covenants to assure the continuous maintenance of the Property and to
ensure continuous maintenance of any such Improvements which commitments and covenants are
more particularly set forth herein.
NOW, THEREFORE, in consideration of the premises and other good and valuable
considerations exchanged between the parties hereto,the receipt and sufficiency of which is hereby
acknowledged,the parties hereto agree as follows:
Section 1. Recitals; Definitions. The above recitals are true and correct and
incorporated herein by this reference.
Section 2. License. Subject to the terms and conditions provided in this Agreement,
the City hereby grants the School the non-exclusive right, privilege, and license to access the
Property and to install and construct upon the Property the Improvements described herein.
Section 3. Maintenance of Property. In the event the School materially damages any
portion of the Property while engaging in the Use or installing or maintaining the Improvements,
the School shall restore the Property to the substantially the same condition as prior to the damage
occurring. Nothing contained herein shall give or grant to the School any ownership rights in the
Property.
Section 4. Use and Improvements. Any Use or Improvements that, in the City's
reasonable discretion, may impede the functional operation of planned, proposed, or existing
underdrains or the public use of the Property shall not be permitted under this Agreement. School's
Use or Improvements shall be established and maintained in such a manner as not to interfere with
the use of the Property by the public nor create a safety hazard on such Property.If City determines,
in its sole discretion,that the Use or Improvements do present a safety hazard,then the School, at
its sole expense and at no cost to the City, shall cease such Use or adjust, relocate, or remove the
Improvements in such a manner as to eliminate the hazard, to the reasonable satisfaction of the
City.
Section 5. Removal/Relocation. If, in the sole opinion of the City, the Improvement
interferes with any construction, reconstruction, alteration, improvements, or maintenance which
the City desires to perform on, around, or under the Property,then the School,upon written notice
from the City, shall remove or relocate the Improvements as requested by the City, to the City's
satisfaction ,within thirty (30) days of the written notice at the sole expense of the School.
Section 6. Indemnification. To the fullest extent permitted by law, the School shall
defend, indemnify, and hold harmless the City of Ocoee from and against all claims, damages,
losses, and expenses, including reasonable attorneys' fees and costs, arising out of or resulting
from the performance of its operations or Use of the Property under this Agreement. The School
shall indemnify and hold harmless City from and against all expenses, costs, or claims for any
damages to the Improvements which may result from the use of the Property by the City or any
other governmental body or utility authority due to maintenance,construction,installation,or other
proper use within the Property.
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Section 7. Insurance. Throughout the duration of this Agreement, the School shall
maintain and keep in full force, effect, and good standing, such insurance as described below:
Comprehensive General Liability(Occurrence Form)-This policy should name the City of Ocoee
as an additional insured and should indicate that the insurance of the School is primary and non-
contributory.
• $2,000,000 GENERAL AGGREGATE
• $2,000,000 PRODUCTS-COMPLETED OPERATIONS AGGREGATE
• $1,000,000 PER OCCURRENCE
• $1,000,000 PERSONAL &ADVERTISING INJURY
• Include Waiver of Subrogation in favor of the City of Ocoee
Automobile Bodily Injury Liability & Property Damage Liability
• $1,000,000 Combined single limit per occurrence (each person, each accident)
• All covered automobile will be covered via symbol 1
• Liability coverage will include hired &non-owned automobile liability
• Include Waiver of Subrogation in favor of The City of Ocoee
Worker's Compensation. The School shall obtain through the duration of this Agreement,
Worker's Compensation Insurance with Employer's Liability Limits of
$500,000/$500,000/$500,000 for all the School's employees connected with the Use or the
Improvements.
Section 8. Notice. Any notice delivered with respect to this Agreement shall be in
writing and be deemed to be delivered (whether or not actually received) when (i) hand delivered
to the other party, or (ii) when sent by overnight courier service for next business day delivery
(i.e., Federal Express), addressed to the party at the address set forth on the first page of this
Agreement, or such other person or address as the party shall have specified by written notice to
the other party delivered in accordance herewith.
Section 9. Recordation of Agreement. The parties hereto agree that an executed
original of this Agreement shall be recorded by the City, at the School's expense, in the Public
Records of Orange County, Florida.
Section 10. Applicable Law. This Agreement and the provisions contained herein shall
be construed, controlled, and interpreted according to the laws of the State of Florida.
3
Section 11. Amendment. This Agreement constitutes the entire agreement between the
parties, and supersedes all previous discussions, understandings and agreements, with respect to
the subject matter hereof Amendments to and waivers of the provisions of this Agreement shall
be made by the parties only in writing by formal amendment.
Section 12. Duration. This Agreement shall run for a period of ten(10) years from the
date this Agreement is recorded in the Public Records of Orange County, Florida, unless sooner
terminated by a written instrument, signed by both parties. Notwithstanding any other provision,
City shall have the right to terminate this Agreement upon thirty (30) days written notice to the
School. Any such termination document shall be recorded by in the Public Records of Orange
County, Florida.
Section 13. Compliance with Laws. The School shall comply with all applicable state
laws and City ordinances.
Section 14. Disclaimer of City Responsibility. Nothing herein shall create any
obligation on the part of the City to maintain or participate in the Use or in the maintenance of the
Improvements.
Section 15. Counterparts. This Agreement may be executed in any number of
counterparts, each of which shall be deemed to be an original but all of which together shall
constitute one and the same instrument.
Section 16. Captions. Captions of the Sections and Subsections of this Agreement are
for convenience and reference only, and the words contained therein shall in no way be held to
explain, modify, amplify or aid in the interpretation, construction, or meaning of the provisions of
this Agreement.
Section 17. Severability. If any word, sentence, phrase, paragraph, provision, or
portion of this Agreement is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, such portion shall be deemed a separate, distinct, and independent
provision and such holding shall not affect the validity of the remaining portion hereof so long as
the purpose and intent of this Agreement can still be achieved.
Section 18. Effective Date. The Effective Date of this Agreement shall be the day this
Agreement is approved by the City. Such date shall be inserted on Page 1 of this Agreement.
SIGNATURES TO FOLLOW
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IN WITNESS WHEREOF, the School and the City have caused this instrument to be
executed by their duly authorized elected officials, partners, and/or officers as of the day and year
first above written.
Signed, sealed and delivered SCHOOL:
in the presence of: RENAISSANCE CHARTER SCHOOL,
INC.,k
aFlorida non-profit corporation
By: \S
Print Name: a 4.471—c 11,1 10—J4
r Its: Q�..,cPpt R [de
G,
Print Name c1' Land
Print Name -71/./7//;�` /e, '
STATE OF i— ( r rL.it
COUNTY OF Or rye
I HEREBY CERTIFY that on this day, before me, by means of l 'physical presence or o online
notarization, an officer duly authorized in the State and County aforesaid to take
acknowledgments,personally appeared Brd1 TajI , - , as the Pr 1 t-,<<i of
RENAISSANCE CHARTER SCHOOL, INC., a Florida non-profit corporation, who [ is
personally known to me or [ ✓] produced FL_ 1 L. as identification, and that
he/she acknowledged executing the same on behalf of said company in the presence of two
subscribing witnesses, freely and voluntarily, for the uses and purposes therein expressed.
p WITNESS my hand and official seal in the County and State last aforesaid this day of
\.J Ct rt tzCc► Lj , 2020.
loiter oft Signatur of Notary
� Y
....... MICHELE L SCHRAMM
_° �`= NotaryCommPublicission#StateGG of269557
Florida ( HIL l L 1C SG\'1 Y U
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• My Comm.Expires Oct 21,2022 Name of Notary(Typed, Printed or Stamped)
Bonded through National Notary Assn. ' Commission Number(if not legible on seal):
My Commission Expires(if not legible on seal):
5
Signed, sealed and delivered CITY:
in the presence of:
CITY OF OCOEE,FLORIDA
By:
Print Name: Rusty Johnson,Mayor
Attest:
Melanie Sibbitt, City Clerk
Print Name (SEAL)
FOR USE AND RELIANCE ONLY BY THE APPROVED BY THE OCOEE CITY
CITY OF OCOEE,FLORIDA. Approved as COMMISSION AT A MEETING HELD ON
to form and legality this ,2020,UNDER
day of ,2020. AGENDA ITEM NO.
SHUFFIELD, LOWMAN AND WILSON,P.A.
By:
City Attorney
STATE OF FLORIDA
COUNTY OF ORANGE
I HEREBY CERTIFY that on this day, before me, by means of❑ physical presence or o online
notarization, an officer duly authorized in the State and County aforesaid to take
acknowledgments, personally appeared RUSTY JOHNSON and MELANIE SIBBITT,
personally known to me to be the Mayor and City Clerk, respectively, of the CITY OF OCOEE,
FLORIDA and that they severally acknowledged executing the same in the presence of two
subscribing witnesses, freely and voluntarily under authority duly vested in them by said
municipality.
WITNESS my hand and official seal in the County and State last aforesaid this day
of , 2020.
Signature of Notary
Name of Notary (Typed, Printed or Stamped)
Commission Number(if not legible on seal):
My Commission Expires(if not legible on seal):
6
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