Crameeting Backup 09172013

7/29/2019 Crameeting Backup 09172013

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City of Lauderdale LakesOffice of the City Clerk

4300 NW 36th Street Lauderdale Lakes, Florida 33319-5599Alfonso A. Gereffi Room 2nd Floor, City Hall

(954) 535-2705 Fax (954) 535-0573

AGENDACITY OF LAUDERDALE LAKES

COMMUNITY REDEVELOPMENT AGENCY MEETINGTUESDAY, SEPTEMBER 17, 2013

6:00 PM

1. CALL TO ORDER

2. ROLL CALL

3. MINUTES FROM PREVIOUS MEETING

A. MINUTES

August 20, 2013 Regular Meeting Minutes

4. PUBLIC COMMENT (LIMITED TO 2 MINUTES-MUST SIGN IN WITH CLERK)

5. EXECUTIVE DIRECTOR REPORT

A. REPORT FROM THE EXECUTIVE DIRECTOR

This is an updated report from the CRA Executive Director.

6. FINANCE DIRECTOR REPORT

A. RESOLUTION 2013-13 REPORT OF THE COMMUNITY REDEVELOPMENTAGENCY'S (CRA) FINANCIAL ACTIVITY FOR THE MONTH OF AUGUST2013.

This is a presentation of the August 2013 (Period 11) CRA's Financial Reportprovided by the Financial Services Department.

7. CHAIRMAN REPORT

8. COMMITTEE REPORTS : STANDING

9. COMMITTEE REPORTS : AD HOC

10. LEGAL REPORT

11. OLD BUSINESS


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COMMUNITY REDEVELOPMENT AGENGY-September 17, 2013 Page 2 of 50

12. NEW BUSINESS

A. RESOLUTION #2013-14 OF THE LAUDERDALE LAKES COMMUNITYREDEVELOPMENT AGENCY AUTHORIZING THE EXECUTION OF ALEASE AGREEMENT BY AND BETWEEN LAUDERDALE LAKES

COMMUNITY REDEVELOPMENT AGENCY AND CITY OF LAUDERDALELAKES FOR THE PROPERTY COMMONLY KNOWN AS THE IRELANDPROPERTY

This resolution authorizes the execution of a lease agreement for the Irelandproperty.

B. RESOLUTION #2013-15 OF THE LAUDERDALE LAKES COMMUNITYREDEVELOPMENT AGENCY AUTHORIZING THE EXECUTION OF ALEASE AGREEMENT BY AND BETWEEN LAUDERDALE LAKESCOMMUNITY REDEVELOPMENT AGENCY AND CITY OF LAUDERDALE

LAKES FOR THE PROPERTY LOCATED AT THE SW CORNER OF NW31ST AVENUE AND NW 40TH STREET

This resolution authorizes the execution of a lease agreement for the Children'sGarden.

C. MOTION AUTHORIZING ACCEPTANCE, DEPOSIT, BUDGETMANAGEMENT AND DISTRIBUTION OF A PRIVATE DONATION FROMBROWARD MEAT AND FISH CO. FOR THE DEVELOPMENT OF THECHILDREN'S COMMUNITY GARDEN ON VACANT CRA OWNED LAND

A motion is requested to accept a donation from Broward Meat & Fish for thepurpose of developing the Children's Garden.

13. ITEMS FOR FUTURE DISCUSSION/ANNOUNCEMENTS

14. ADJOURNMENT

If a person decides to appeal any decision made by the Board, Agency, or Commissionwith respect to any matter considered at such meeting or hearing, he or she will need arecord of the proceedings, and that, for such purpose, he or she may need to ensurethat a verbatim record of the proceedings is made, which record includes the testimonyand evidence upon which the appeal is to be based. (FS 286.0105)

Any person requiring auxiliary aids and services at this meeting may contact the CityClerks Office at (954) 535-2705 at least 24 hours prior to the meeting. If you arehearing or speech impaired, please contact the Florida Relay Service by using thefollowing numbers: 1-800-955-8770 or 1-800-955-8771.


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3. A

CITY OF LAUDERDALE LAKESCOMMUNITY REDEVELOPMENT AGENCY

Agenda Cover Page

Fiscal Impact: Yes No ResolutionContract Requirement: Yes No Motion

Title

MINUTES

Summary

August 20, 2013 Regular Meeting

Staff Recommendation

Background:

Funding Source:

Appearance(Names and Titles of Outside Individuals Only)

_______________________________________________________________________

Sponsor Name/Department: Lolita Codrington, City Clerk

Meeting Date: September 17, 2013


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TUESDAY, AUGUST 20, 20135:00 PM

1. CALL TO ORDER

In the absence of Chairperson Levoyd Williams and Vice Chairperson PatriciaWilliams, Chairperson Levoyd Williams requested that the meeting proceed untilhis arrival. Under the authority of Chairperson Levoyd Williams, Board MemberEric Haynes therefore called the meeting to order on the above date at 5:15 p.m. inthe Commission Chambers located at City Hall, 4300 NW 36th Street, LauderdaleLakes, FL.

2. ROLL CALL

Chairperson Levoyd Williams (arrived at 5:22 p.m.)

Absent: Vice Chairperson Patricia WilliamsCommissioner Edwina ColemanCommissioner Eric HaynesCommissioner Gloria LewisCommissioner Eileen RatheryCommissioner Barrington Russell, Sr.

Also present: City Manager J onathan AllenCRA Attorney Michael HaygoodExecutive Director J . Gary RogersSecretary Lolita Codrington

Staff

3. MINUTES FROM PREVIOUS MEETING

A. MINUTES

J uly 16, 2013 Regular Meeting Minutes

Chairperson Designee Eric Haynes requested a motion to approve the minutes.

Mayor Barrington Russell, Sr. moved to approve the minutes of J uly 16, 2013.The motion was seconded by Commissioner Edwina Coleman. There was aunanimous voice vote of approval.

4. PUBLIC COMMENT (LIMITED TO 2 MINUTES-MUST SIGN IN WITH CLERK)

There being no petitions from the public, Acting Chair Eric Haynes closed petitionsfrom the public.

5. EXECUTIVE DIRECTOR REPORT


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A. REPORT FROM THE COMMUNITY REDEVELOPMENT AGENCY (CRA)EXECUTIVE DIRECTOR

This is a report regarding the CRA related activities.

Acting Chair Eric Haynes remarked that the Executive Director was ill andrequested that the Executive Directors report be forgone.

Executive Director Gary Rogers agreed to forego the report.____________

Executive Director Gary Rogers informed Chairperson Levoyd Williams thatwhile he was away from the dais, the Executive Directors Report was waived,however he realized there was something in the report that would be anagenda item, regarding discussion and set policy on the use of the beds in theCommunity Garden. Mr. Rogers noted that there was over subscription for the

beds and he spoke with the CRA Attorney who advised on being consistentwith the Florida statues that stipulates local benefits for local tax dollars, andtherefore should reserve beds for Lauderdale Lakes residents only.

Discussion ensued by Board Members on the reservation of the garden bedsfor Lauderdale Lakes residents only.

Beverly Williams commented that when the garden first started the beds wereavailable to Lauderdale Lakes residents only, but included residents from otherCities as the Community Garden became more popular.

Frank Coleman suggested that non residents who were already involved withthe Community Garden should be allowed to continue.

Attorney Michael Haygood explained that CRA funds were only supposed tobenefit the CRA area; hence his response to the Executive Director GaryRogers; if board members were desirous of involving non residents then theGarden would have to be funded by another funding source.

City Manager J onathan Allen advised that board members should adhere to thecomments made by the CRA Attorney, and limit the availability of beds to theresidents of Lauderdale Lakes.

Attorney Michael suggested meeting with Executive Director Gary Rogers andMembers of the Garden Club, to consider restructuring the way the garden clubworks, to include members or non-members.

6. FINANCE DIRECTOR REPORT

A. REPORT OF THE COMMUNITY REDEVELOPMENT AGENCY'S (CRA)FINANCIAL ACTIVITY FOR THE MONTH OF JULY 2013.

This is a presentation of the J uly 2013 (Period 10) CRA's Financial Reportprovided by the Financial Services Department.


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Financial Director Marie Elianor provided a brief overview of the FinancialReport as of J uly 31, 2013; she noted the following:

83% of the year elapsed

Staff made necessary adjustments as requested by Board Members atthe last meeting Year to date information as of J uly 31 Under additional revenue due to the CRA all payments were reflected for

2012 and 2013 Under Capital Outlay Trust Funds, the bush shelter only information was

reflected as requested by a board member Notes to the CRA Report as provided

Chair Designee Eric Haynes requested a motion to bring Resolution 2013-11 to thefloor.

Board Member Edwina Coleman moved to bring the item to the floor. The motion wasseconded by Board Member Eileen Rathery. There was a unanimous voice vote ofapproval.

Chair Designee Eric Haynes requested the CRA Attorney to read Resolution 2012-11by title only.

CRA Attorney Michael Haygood read by title only:

COMMUNITY REDEVELOPMENT AGENCYRESOLUTION NO. 2013-11

A RESOLUTION OF THE LAUDERDALE LAKES COMMUNITYREDEVELOPMENT AGENCY (AGENCY) RATIFYING THE CITYMANAGERS FILING OF THE AGENCYS FISCAL YEAR 2013, PERIOD 10(JULY) FINANCIAL ACTIVITY REPORT, AS PREPARED BY THEDEPARTMENT OF FINANCIAL SERVICES, FOR THE PURPOSE OFCONFORMING TO THE AGENCYS ADOPTED FINANCIAL INTEGRITYPRINCIPALS AND FISCAL POLICIES; PROVIDING FOR THE ADOPTIONOF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE.

There being no discussion Chair Designee Eric Haynes requested a motion to approvethe resolution.

Board Member Barrington Russell, Sr. moved to approved the item. The motion wasseconded by Board Member Edwina Coleman. There was a unanimous voice vote ofapproval.

Chair Designee Eric Haynes requested a roll call vote.


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MOTION SHOWED FORS: Commissioner Edwina Coleman, Commissioner EricHaynes, Commissioner Gloria Lewis, Commissioner Eileen Rathery and CommissionerBarrington Russell, Sr., AGAINST: 0

7. CHAIRMAN REPORT

8. COMMITTEE REPORTS: STANDING

9. COMMITTEE REPORTS : AD HOC

10. LEGAL REPORT

11. OLD BUSINESS

12. NEW BUSINESS

A. RESOLUTION #2013-12 ADOPTING THE COMMUNITY REDEVELOPMENTAGENCY (CRA) FISCAL YEAR 2013 BUDGET

This is a Resolution adopting the Community Redevelopment Agency (CRA)Fiscal Year 2014.

Chair Designee Eric Haynes requested a motion to bring Resolution 2013-12 tothe floor.

Board Member Edwina Coleman moved to bring Resolution 2013-12 to thefloor. The motion was seconded by Board Member Eileen Rathery. There was

unanimous voice vote of approval.

Chair Designee Eric Haynes acknowledged the arrival of Chairperson LevoydWilliams.

City Manager J onathan Allen provided brief remarks on the item; he referencedthe detailed information provided in Appendix A and page 33 of the back upinformation that reflected the overall budget for the trust fund.

Executive Director Gary Rogers provided remarks on the item, referenced theTIF revenue and reviewed Exhibit A which outlined the detailed line itembudget.

Chairperson Levoyd Williams mentioned that there was $50,000 available inredevelopment incentives, and requested that some of these funds be providedto assist some smaller businesses.

Executive Director Gary Rogers agreed to do some outreach in this regard.

Attorney Michael Haygood read by title only:


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COMMUNITY REDEVELOPMENT AGENCYRESOLUTION 2013-12

A RESOLUTION APPROVING AND ADOPTING A BUDGET FOR THE

CITY OF LAUDERDALE LAKES COMMUNTY REDEVELOPMENTAGENCY FOR FISCAL YEAR 2014, COMMENCING OCTOBER 1, 2013AND ENDING SEPTEMBER 30, 2014; APPROPRIATING FUNDS FORTHE OPERATION OF THE CITY OF LAUDERDALE LAKESCOMMUNITY REDEVELOPMENT AGENCY FOR FISCAL YEAR 2014;PROVIDING FOR THE ADOPTION OF REPRESENTATIONS;PROVIDING FOR INSTRUCTIONS TO THE CITY MANAGER;PROVIDING FOR THE AMENDMENT OF THE BUDGET; PROVIDINGAN EFFECTIVE DATE.

Chairperson Levoyd Williams requested a motion to approve the item.

Board Member Barrington Russell, Sr. moved to approve the item. The motionwas seconded by Board Member Edwina Coleman. There was a unanimousvoice vote of approval.

MOTION SHOWED FORS: Chair Levoyd Williams, Commissioner EdwinaColeman, Commissioner Eric Haynes, Commissioner Gloria Lewis,Commissioner Eileen Rathery and Commissioner Barrington Russell, Sr.,AGAINST: 0

B. DISCUSSION REGARDING THE EFFICIENTGOV GRANT SEARCHACCESS FOR COMMUNITY BENEFIT ORGANIZATIONS.

This is a discussion regarding the EfficientGov Grant Search Opportunity.

Executive Director Gary Rogers stated that twenty five persons including BoardMembers were signed up subscriptions of the grant newsletter; he wanted toreach out to the community who could also benefit; requested board membersto provide the names of organizations to be signed up.

Chairperson Levoyd Williams suggested names of non-profit organizations, andagreed to provide contact information to Executive Director, Gary Rogers.

C. DISCUSSION REGARDING CONSIDERATION TO CHANGE THE MONTHLYCOMMUNITY REDEVELOPMENT AGENCY MEETING TIME TO 6:00 P.M.

This is a discussion regarding the Community Redevelopment Agency (CRA)request to consider moving the monthly meeting time to 6:00 p.m.

Commissioner Eileen Rathery requested the meeting time of the CRA meetingbe moved to 6:00 p.m. to accommodate her regular job schedule.


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Discussion ensued by Board Members regarding changing the time of themeeting.

Chairperson Levoyd Williams said he could not make 6:00 p.m.; he stated hiswillingness to meet at 5:30 p.m. he also asked if a telephone meeting was

possible.

Mayor Barrington Russell, Sr. suggested a vote on the 6:00 p.m. meetingrequest.

Commissioner Edwina Coleman asked if there was a possibility of a telephonemeeting.

City Manager J onathan Allen responded yes; he suggested three options asfollows:

1. Change the meeting to 6:00 p.m.2. Change the meeting to 5:30 p.m.3. Telephone access meeting, which would involve IT personnel setting up

a telephone on each meeting date (the hybrid option)

Chairperson Levoyd Williams requested a motion to change the meeting to6:00 p.m.

Board Member Eileen Rathery moved to change the meeting to 6:00 p.m. Themotion was seconded by Board Member Eric Haynes. There was a unanimousvoice vote of approval.

Chairperson Levoyd Williams requested a roll call vote.

MOTION SHOWED FORS: Commissioner Edwina Coleman, CommissionerEric Haynes, Commissioner Eileen Rathery and Commissioner BarringtonRussell, Sr., AGAINST: Commissioner Gloria Lewis and Chair Levoyd Williams.

Board Member Gloria Lewis stated for the record her willingness to go with thehybrid suggestion, but she would not be able to meet the 6:00 p.m. meetingschedule.

13. ITEMS FOR FUTURE DISCUSSION/ANNOUNCEMENTS

14. ADJOURNMENT

The meeting adjourned at approximately 6:15 p.m.

_______________________________LEVOYD WILLIAMS, CHAIRPERSON


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ATTEST:

_______________________________LOLITA CODRINGTON, SECRETARY


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5. A


Agenda Cover Page


Title

REPORT FROM THE EXECUTIVE DIRECTOR

Summary

This is a report from the CRA Executive Director to provide a summary of CRA activities.


Background: (see the attached memorandum)

Funding Source: Not applicable


_______________________________________________________________________

Sponsor Name/Department: J. Gary Rogers, CRA Executive Director



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6. A


Agenda Cover Page


RESOLUTION 2013-13 REPORT OF THE COMMUNITY REDEVELOPMENT AGENCY'S(CRA) FINANCIAL ACTIVITY FOR THE MONTH OF AUGUST 2013.

This is a presentation of the August 2013 (Period 11) CRA's Financial Report provided by theFinancial Services Department.

Background: The August 2013 CRA Financial Report will be reviewed and discussed at theCRA Meeting. Attached is a signed copy of the report for consideration.

Funding Source: Not Applicable.



Summary

Title

Sponsor Name/Department: Marie W. Elianor, Financial Services Director



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COMMUNITY REDEVELOPMENT AGENCYRESOLUTION NO. 2013-13

A RESOLUTION OF THE LAUDERDALE LAKES COMMUNITY

REDEVELOPMENT AGENCY (AGENCY) RATIFYING THE CITYMANAGERS FILING OF THE AGENCYS FISCAL YEAR 2013, PERIOD11 (AUGUST) FINANCIAL ACTIVITY REPORT, AS PREPARED BY THEDEPARTMENT OF FINANCIAL SERVICES, FOR THE PURPOSE OFCONFORMING TO THE AGENCYS ADOPTED FINANCIAL INTEGRITYPRINCIPALS AND FISCAL POLICIES; PROVIDING FOR THE ADOPTIONOF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE.

WHEREAS, the City Managers Office, through an Interlocal Agreement is

responsible for monitoring the financial affairs of the Agency; and

WHEREAS, the City Managers Office has recommended, and the Commissioners

of the Agency have accepted such the recommendation, that the affairs of the Agency

should be conducted in a manner which is open and transparency; and

WHEREAS, in furtherance of the principal of such openness and transparency, the

Financial Services Department will make monthly reports of the financial affairs of

the Agency to the Commissioners of the Agency.

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS

OF THE LAUDERDALE LAKES COMMUNITY REDEVELOPMENT AGENCY, as follows:

Section 1. ADOPTION OF REPRESENTATIONS: The foregoing Whereas

paragraphs are hereby ratified and confirmed as being true, and the same are hereby

made a specific part of this Resolution.

Section 2. RATIFICATION: The Commissioners of the Agency hereby ratify

the City Managers filing of the Agency Fiscal Year 2013, Period 11 (August) Financial

Activity Report, as prepared by the Department of Financial Services.

Section 5. EFFECTIVE DATE: This Resolution shall take effect immediately

upon its final passage.

ADOPTED BY THE BOARD OF COMMISSIONERS OF THE LAUDERDALE LAKES

COMMUNITY REDEVELOPMENT AGENCY AT ITS REGULAR MEETING

HELD SEPTEMBER 17, 2013.


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________________________________LEVOYD L. WILLIAMS, CHAIRPERSON

ATTEST:

______________________________LOLITA CODRINGTON, SECRETARY

VOTE:

Chairperson Levoyd L. Williams ____(For) _____(Against) ___(Other)Vice Chairperson Patricia Williams ____(For) _____(Against) ___(Other)Commissioner Edwina Coleman ____(For) _____(Against) ___(Other)

Commissioner Eric Haynes ____(For) _____(Against) ___(Other)Commissioner Gloria Lewis ____(For) _____(Against) ___(Other)Commissioner Eileen Rathery ____(For) _____(Against) ___(Other)Commissioner Barrington Russell, Sr. ____(For) _____(Against) ___(Other)


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Notes to CRA FY 2013 Financial ReportAs of 08/31/2013 (92% of year elapsed)

_______________________________________________________________

CRA Revenue 98%

Revenues as reported. TIF payments received.

CRA Expenditure 71% Expenditures as reported. Personal Services expenses as reported. CRA Capital Outlay/Improvements as reported. Debt service payment made for December. Debt service payment made for J une 2013.

Capital Outlay- CRA Expenditures as reported.

Additional Revenue Due to CRA The remaining balance for the City debt as according to the Forbearance

Agreement is $2,368,031. Forbearance Agreement payment of $150,000 was paid in January 2013.

CRA Cash Management Overall, CRA maintains a positive bank balance providing for positive cash flow.

Anticipated amount due from Broward County for Library Revenues as reported.

Forbearance Agreement Payment was received in J anuary 2013, as agreed in the forbearance

agreement.


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12. A


Agenda Cover Page


Title

RESOLUTION #2013-14 OF THE LAUDERDALE LAKES COMMUNITYREDEVELOPMENT AGENCY AUTHORIZING THE EXECUTION OF A LEASEAGREEMENT BY AND BETWEEN LAUDERDALE LAKES COMMUNITYREDEVELOPMENT AGENCY AND CITY OF LAUDERDALE LAKES FOR THEPROPERTY COMMONLY KNOWN AS THE IRELAND PROPERTY

Summary

The Community Redevelopment Agency (CRA) has acquired property that is currently vacantand awaiting future development which can be utilized for City and community sponsoredrecreational activities.

The "Ireland Property" located on NW 36th St has been under lease to accommodate theCommunity Garden and parking for Vincent Torres Park-that lease has expired.

The second site proposed to be leased is located at the S.W. corner of N.W. 31 Avenue and 40thStreet and will be utilized as a Children's Community Garden site in cooperation with theBroward County Sheriffs Office and Broward County Public Schools.

Members of the CRA Board are requested to approve the leasing of the subject sites on an on-going basis for local benefit in support of the implementation of the CRA Plan. Lease provisionswill allow cancellation and relocation of programs should the CRA wish to pursue the physicaldevelopment of the properties in the future.


Approval is recommended by staff

Background:

The Community Garden Club of Lauderdale Lakes has sponsored the two community gardenprojects which are the subject sites of this request for leasing approval.The Community Garden at the Ireland Property is entering its third planting season and theChildrens Community Garden is being developed at the present time (utilizing both CRA andprivate funding) and that facility will become operational in October 2013 according to plans.


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Gardening activity benefits: family health, household budgets and provides tremendouseducational, recreational and economic benefits to participants and to the CRA district as amarket for investment.

The activities which take-place on CRA owned lands are the foundation for the City ofLauderdale Lakes HEALTHY LIVING INITIATIVES.

Funding Source: City General Fund will cover the leases at a cost of one dollar per year each siteleased and the CRA will fund on-going facility development and operational cost.


_______________________________________________________________________




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RESOLUTION No. 2013-14

A RESOLUTION OF THE LAUDERDALE LAKES COMMUNITYREDEVELOPMENT AGENCY AUTHORIZING THE EXECUTION OF ALEASE AGREEMENT BY AND BETWEEN LAUDERDALE LAKES

COMMUNITY REDEVELOPMENT AGENCY AND CITY OF LAUDERDALELAKES FOR THE PROPERTY COMMONLY KNOWN AS THE IRELANDPROPERTY; DIRECTING AND AUTHORIZING THE CHAIRMAN ANDSECRETARY TO TAKE SUCH ACTIONS AS SHALL BE NECESSARYAND CONSISTENT TO CARRY OUT THE INTENT AND DESIRE OF THEAGENCY; ADOPTING REPRESENTATIONS; PROVIDING ANEFFECTIVE DATE.

WHEREAS, the Lauderdale Lakes Community Redevelopment Agency (the

Agency) was established pursuant to Part III, Chapter 163, Florida Statutes, and the

powers there under delegated by Broward County; and

WHEREAS, by Resolution No.02-205, the City Council of the City of Lauderdale

Lakes adopted a community redevelopment plan (the Plan) for the Community

redevelopment area as fully described in that Resolution (the Community Redevelopment

Area) as amended by the adoption of Resolution No. 2013-123 amending the Plan (the

Amended Plan)(the Amended Plan and the Plan will be jointly referred to as the Plan);

and

Whereas, the Plan provides for the development of recreational and park facilities;

and

WHEREAS, the Agency, pursuant to the Plan, owns property in the CRA Area

commonly known as the Ireland Property; and

WHEREAS, the City of Lauderdale Lakes (the City) and the Agency previously

entered into a lease for the Ireland Property for recreational purposes which expired; andWHEREAS, the City and the Agency desire to extend the lease.







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Section 2. AUTHORIZATION, DIRECTION: The Chair and the Secretary are

hereby authorized and directed to execute the Lease Agreement for the Ireland Property

substantially in the form attached hereto as Exhibit A.

Section 3. AUTHORIZATION AND DIRECTION: The Chair, Secretary and

the Executive Director of the CRA, on behalf of the CRA, are each hereby authorized to

take such steps as shall be necessary and proper to carry out the purposes hereof.





HELD September 17, 2013.

_____________________________LEVOYD WILLIAMS, CHAIRPERSON

ATTEST:

_______________________________LOLITA CODRINGTON, SECRETARY

VOTE:

Chairman Levoyd Williams ____(For) _____(Against) ___(Other)Commissioner Patricia Williams ____(For) _____(Against) ___(Other)

Commissioner Edwina Coleman ____(For) _____(Against) ___(Other)Commissioner Eric Haynes ____(For) _____(Against) ___(Other)Commissioner Gloria Lewis ____(For) _____(Against) ___(Other)Commissioner Eileen Rathery ____(For) _____(Against) ___(Other)


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EXHIBIT A

LEASE AGREEMENT

THIS LEASE AGREEMENT (the Lease), is made and entered into this _____

day of____________, 20____, by and between the CRA Lauderdale Lakes CommunityRedevelopment Agency, a body corporate and politic created pursuant to Part III, Chapter 163,Florida Statutes, its successors and assigns, hereinafter referred to as "CRA." (hereinafterreferred to as the LANDLORD), and the City of Lauderdale Lakes, a Florida municipalcorporation, its successors and assigns, hereinafter referred to as "CITY" (hereinafter referred toas the TENANT) , having an address at 4300 N.W. 36 Street, Lauderdale Lakes, FL 33319-5599.

W I T N E S S E T H:

In consideration of the mutual covenants hereinafter contained, and other good and

valuable consideration, the receipt and sufficiency of which is acknowledged by the parties, it ishereby mutually agreed by and between the parties as follows:

1. DESCRIPTION, TERM AND RENT:

LANDLORD hereby leases unto TENANT approximately 2.573 acres more particularlydescribed in Exhibit A attached hereto (Premises). The term of this Lease is ten (10)years commencing upon the execution of this lease, plus any renewals exercised per thisLease, for the total rental of One Dollar ($1.00), the receipt and sufficiency of whichLANDLORD acknowledges. Provided, however, Tenant shall upon 60 days writtennotice from the Landlord vacate the Premises

2. USE OF PREMISES:

TENANT may use and occupy the Premises for parking and ancillary uses as well as anyother uses mutually agreed upon by the LANDLORD and TENANT which is infurtherance of the Adopted Community Redevelopment Plan. TENANT covenants thatno nuisance or hazardous trade or occupation shall be permitted or carried on in or uponthe Premises.

3. UTILITIES AND OTHER SERVICES:

All utilities, services and expenses for the Premises shall be paid by TENANT.

4. ALTERATIONS AND IMPROVEMENTS:

Unless otherwise prohibited by the terms of this Lease, TENANT may upon the approvalof LANDLORD, such approval not to be unreasonably withheld delayed or conditioned,at its own expense, make such changes, alterations, additions and improvements to thePremises as it may deem necessary or expedient in its operation. All alterations andimprovements made or caused to be made by TENANT which are permanently affixed tothe land shall be the property of TENANT until such time as this Lease is terminated atwhich time such alterations and improvements shall become the property of the


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LANDLORD. TENANT shall execute and deliver to LANDLORD a bill of sale or otherappropriate documentation at such time to evidence LANDLORDs ownership interest inthe alterations and improvements.

5. HOLD OVER BY TENANT:

TENANT may hold over and remain in possession of the Premises after theexpiration of this Lease which shall only operate to create a month-to-monthtenancy upon the same terms and conditions as are set forth in this Lease, whichmay be terminated by either party at the end of any month upon thirty (30) daysprior written notice by certified U.S. mail to the other. Double rent shall not becharged under this section.

6. ASSIGNMENT OR SUBLETTING:

TENANT may assign or sublet all or portions of the Premises for the remainder of the

term or portions thereof with the approval of LANDLORD, which approvalLANDLORD shall not unreasonably delay or withhold. Provided that the Premisescontinue to be used for the permitted uses herein by citizens, civic groups not for profit orgovernmental entity, LANDLORD herein grants its consent for such subletting orassignment without the necessity of further action for permitted uses as defined inSection 3 above. LANDLORD may require an assignee to sign an assignment agreementwherein the assignee will assume the terms of this Lease. Should TENANT assign thisLease, TENANT shall be relieved from all liability under the Lease; however, shouldTENANT sublease the premises, TENANT will remain secondarily liable under theLease in the event the Sublessee defaults.

8. SURRENDER UPON TERMINATION:

TENANT agrees that upon expiration of the lease term, or upon the termination of theLease for any cause, it will, upon written notification by certified U.S. mail, peaceablysurrender and deliver the premises to LANDLORD, its agents or assigns.

9. RECOVERY OF POSSESSION ON DEFAULT:

In the event that the Premises are not used principally for the purposes permitted hereinLANDLORD may give TENANT notice thereof, by certified U.S. mail, and if TENANTshall fail to remedy such default within ninety (90) days after receipt of such notice, or ifsuch default is of a nature that it cannot be cured within ninety (90) days, if TENANTshall not have taken action to commence to cure such default and be diligently pursuingthe same, LANDLORD shall have the right to institute proceedings for the recovery ofpossession of the Premises.

10. DAMAGE TO PREMISES:

TENANT agrees that all property placed on the Premises shall be at the risk of TENANT,and that TENANT shall be solely responsible for the repair, maintenance, and operationof the interior portion of the Premises during the term of this Lease, subject toLANDLORDs and TENANTs obligations in Section 12 below.


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11. FIRE OR OTHER CASUALTY: Intentionally deleted

12. REPAIRS: Intentionally deleted

13. WAIVER:

Failure of either party to insist upon strict performance of any covenant or condition ofthis Lease, or to exercise any right or option herein contained, shall not be construed as awaiver or relinquishment for the future of any such covenant, condition or right ofelection; but the same shall remain in full force and effect. None of the conditions,covenants and provisions of this Lease shall be waived or modified except by the Partieshereto in writing.

14. INSURANCE:

TENANT shall maintain comprehensive liability insurance on the Premises duringthe term of this lease. Tenant shall maintain liability insurance coverage duringthe term of this lease.

15. ENVIRONMENTAL CONTAMINATION:

LANDLORD represents and warrants to TENANT that as of the date of executionof this Lease, neither LANDLORD, nor to the best of LANDLORD'S knowledge,any third party has used, produced, manufactured, stored, disposed of ordischarged any hazardous wastes or toxic substances in, under or about thePremises during the time in which LANDLORD owned the Premises.

16. RADON GAS:

Radon is a naturally occurring radioactive gas that, when it has accumulated in a buildingin sufficient quantities, may present health risk to persons who are exposed to it overtime. Levels of radon that exceed Federal and State Guidelines have been found inbuildings in Florida. Additional information regarding radon and radon testing may beobtained from the Public Health Unit of Broward County.

17. NOTICES:

Any notice or demand, which, under the terms of this Lease or by any statute orordinance, must or may be given or made by a Party hereto, shall be in writingand shall be given by certified or registered U.S. mail sent to the other Party atthe address of its principal office herein mentioned, or to such other address assuch Party may from time to time designate by notice.

Notice to TENANT shall be addressed to:

City ManagerLauderdale Lakes City Hall4300 NW 36th Street


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Fort Lauderdale, Florida 33313

With copies to:

James Brady

City Attorney200 East Las Olas Boulevard, Suite 1700Fort Lauderdale, Florida 33301

Notice to the LANDLORD shall be addressed to:

Gary Rogers, CRA Executive DirectorLauderdale Lakes Community Redevelopment Agency4300 NW 36 StreetLauderdale Lakes, FL 33319

With a copy to:

CRA AttorneyJ . Michael Haygood1551 Forum Place, Suite 400-BP.O. Box 3183West Palm Beach, Florida 33402-3183

18. TERMS:

Every term of this Lease shall be deemed and construed to be of the essence thereof, andany breach shall be deemed and construed to be the very substance of this Lease.

19. SUCCESSORS; ASSIGNS:

This Lease shall inure to and be binding upon the successors and authorized assigns ofthe Parties.

20. RIGHT TO MORTGAGE:

LANDLORD may not encumber the Premises by mortgage or mortgages without theprior written consent of TENANT.

21. COPIES OF LEASE:

This Lease shall be executed in triplicate original copies, each copy of which,bearing original signatures, is to have the force and effect of an originaldocument.

22. PRIOR AGREEMENTS:

This document incorporates and includes all prior negotiations, correspondence,conversations, agreements, and understandings applicable to the matters contained herein


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and the parties agree that there are no commitments, agreements or understandingsconcerning the subject matter of this Lease that are not contained in this document.Accordingly, the parties agree that no deviation from the terms hereof shall be predicatedupon any prior representations or agreements, whether oral or written. It is further agreedthat no modification, amendment or alteration in the terms or conditions contained herein

shall be effective unless contained in a written document utilizing the same formalities aswere used in the execution of this Lease.

23. APPLICABLE LAW AND VENUE:

This Lease shall be interpreted and construed in accordance with and governed by thelaws of the State of Florida. Venue for litigation concerning this Lease shall be inBroward County, Florida.

24. CONDEMNATION:

TENANT reserves unto itself, and LANDLORD assigns to TENANT, all right todamages accruing on account of any taking or condemnation of all or any part ofthe Premises, or by reason of any act of any public or quasi-public authority forwhich damages are payable. LANDLORD agrees to execute such instruments orassignments as may be required by TENANT, to join with TENANT in anypetition for the recovery of damages, if requested by TENANT, and to turn overto TENANT any such damages that may be recovered in any such proceeding.TENANT does not reserve to itself, and LANDLORD does not assign toTENANT, any damages payable for the value of the land alone, excluding theBuilding and the improvements to the Land. TENANT shall also retain alldamages for any trade fixtures installed by TENANT on the Premises at its cost

and expense, whether or not the same are part of the realty, or for any damagesfor interruption to the business of TENANT.

25. PUBLIC ENTITY CRIMES ACT:

TENANT represents that the execution of this Lease will not violate the Public EntityCrimes Act (Section 287.133, Florida Statutes), which essentially provides that a personor affiliate who is a contractor, consultant or other provider and who has been placed onthe convicted vendor list following a conviction for a Public Entity Crime may not submita bid on a contract to provide any goods or services to LANDLORD and may not submitbids on leases of real property to LANDLORD for a period of 36 months from the date ofbeing placed on the convicted vendor list. Violation of this section shall result intermination of this Lease and recovery of all monies paid hereto.

In addition to the foregoing, TENANT further represents that there has been nodetermination, based on an audit, that it committed an act defined by Section 287.133,Florida Statutes, as a public entity crime and that it has not been formally charged withcommitting an act defined as a public entity crime regardless of the amount of moneyinvolved or whether LANDLORD has been placed on the convicted vendor list.


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26. INDEPENDENT CONTRACTOR:

LANDLORD is an independent contractor under this Lease. Services provided byLANDLORD shall be subject to the supervision of LANDLORD, and such services shallnot be provided by LANDLORD or its agents as officers, employees, or agents of the

TENANT.

27. THIRD PARTY BENEFICIARIES:

Neither LANDLORD nor TENANT intend to directly or substantially benefit a thirdparty by this Lease. Therefore, the parties agree that there are no third partybeneficiaries to this Lease and that no third party shall be entitled to assert aclaim against either of them based upon this Lease. The parties expresslyacknowledge that it is not their intent to create any rights or obligations in anythird person or entity under this Lease.

28. COMPLIANCE WITH LAWS:

LANDLORD and TENANT shall comply with all federal, state, and local laws, codes,ordinances, rules, and regulations in performing its duties, responsibilities, andobligations related to this Lease.

29. SEVERANCE:

In the event this Lease or a material portion of this Lease is found by a court ofcompetent jurisdiction to be invalid, the remaining provisions shall continue to beeffective unless TENANT or LANDLORD elects to terminate this Lease. Any electionto terminate this Lease based upon this section shall be made within seven (7) days afterthe finding by the court becomes final.

30. JOINT PREPARATION:

Preparation of this Lease has been a joint effort of TENANT and LANDLORDand the resulting document shall not, solely as a matter of judicial construction,be construed more severely against one of the parties than any other.

31. PRIORITY OF PROVISIONS:

If there is a conflict or inconsistency between any term, statement, requirement, orprovision of any exhibit attached hereto, any document or events referred to herein, orany document incorporated into this Lease by reference and a term, statement,requirement, or provision of this Lease, the term, statement, requirement, or provisioncontained in this Lease shall prevail and be given effect.

32. RECORDING:

A Memorandum of Lease in the form attached hereto may be executed, deliveredand recorded in the public records of Broward County simultaneously with theexecution and delivery of this Lease.


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33. OTHER PROVISIONS:Any additional provisions entered into any the time of execution of this Lease shallrequire approval of the parties by initialing at the bottom of any additional page(s), whichmust be affixed to the Lease.


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LEASE AGREEMENT

IN WITNESS WHEREOF, LANDLORD and TENANT have executed this Leaseon the dates hereinafter subscribed.

WITNESSES: LANDLORD:

LAUDERDALE LAKESCOMMUNITY REDEVELOPMENT AGENCY

Print Name:

Print Name: By: ______________Chairman

____ day of ______________, 20____.

ATTEST:

By ________________________Secretary

APPROVED AS TO FORM

By ________________________ (SEAL)CRA Attorney


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LEASE AGREEMENT

TENANT:

CITY OF LAUDERDALE LAKES

By

ATTEST: Mayor

day of ,

20

By _____________________________

City Clerk

APPROVED AS TO FORM:

By

City Attorney


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12. B


Agenda Cover Page


Title

RESOLUTION #2013-15 OF THE LAUDERDALE LAKES COMMUNITYREDEVELOPMENT AGENCY AUTHORIZING THE EXECUTION OF A LEASEAGREEMENT BY AND BETWEEN LAUDERDALE LAKES COMMUNITYREDEVELOPMENT AGENCY AND CITY OF LAUDERDALE LAKES FOR THEPROPERTY LOCATED AT THE SW CORNER OF NW 31ST AVENUE AND NW 40TH

STREET

Summary

The Community Redevelopment Agency (CRA) has acquired property that is currently vacantand awaiting future development which can be utilized for City and community sponsoredrecreational activities.

The "Ireland Property" located on NW 36th St has been under lease to accommodate theCommunity Garden and parking for Vincent Torres Park-that lease has expired.

The second site proposed to be leased is located at the S.W. corner of NW 31 Avenue and NW40

thStreet and will be utilized as a Children's Community Garden site in cooperation with the

Broward County Sheriffs Office and Broward County Public Schools.

Members of the CRA Board are requested to approve the leasing of the subject sites on an on-going basis for local benefit in support of the implementation of the CRA Plan. Lease provisionswill allow cancellation and relocation of programs should the CRA wish to pursue the physicaldevelopment of the properties in the future.


Background:

The Community Garden Club of Lauderdale Lakes has sponsored the two community gardenprojects which are the subject sites of this request for leasing approval.

The Community Garden at the Ireland Property is entering its third planting season and theChildrens Community Garden is being developed at the present time (utilizing both CRA andprivate funding) and that facility will become operational in October 2013 according to plans.


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Gardening activity benefits: family health, household budgets and provides tremendouseducational, recreational and economic benefits to participants and to the CRA district as amarket for investment.

The activities which take-place on CRA owned lands are the foundation for the City ofLauderdale Lakes HEALTHY LIVING INITIATIVES.

Funding Source: City General Fund will cover the leases at a cost of one dollar per year each siteleased and the CRA will fund on-going facility development and operational cost.


_______________________________________________________________________




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LEASE AGREEMENT

THIS LEASE AGREEMENT (the Lease), is made and entered into this _____day of____________, 20____, by and between the CRA Lauderdale Lakes Community

Redevelopment Agency, a body corporate and politic created pursuant to Part III, Chapter 163,Florida Statutes, its successors and assigns, hereinafter referred to as "CRA." (hereinafterreferred to as the LANDLORD), and the City of Lauderdale Lakes, a Florida municipalcorporation, its successors and assigns, hereinafter referred to as "CITY" (hereinafter referred toas the TENANT) , having an address at 4300 N.W. 36 Street, Lauderdale Lakes, FL 33319-5599.

W I T N E S S E T H:

In consideration of the mutual covenants hereinafter contained, and other good andvaluable consideration, the receipt and sufficiency of which is acknowledged by the parties, it is

hereby mutually agreed by and between the parties as follows:

1. DESCRIPTION, TERM AND RENT:

LANDLORD hereby leases unto TENANT property located at the S.W. corner of N.W.31

stAvenue and 40

thStreet more particularly described in Exhibit A attached hereto

(Premises)[need a legal description]. The term of this Lease is ten (10) yearscommencing upon the execution of this lease, plus any renewals exercised per this Lease,for the total rental of One Dollar ($1.00), the receipt and sufficiency of whichLANDLORD acknowledges. Provided, however, Tenant shall upon 60 days writtennotice from the Landlord vacate the Premises.

2. USE OF PREMISES:

TENANT may use and occupy the Premises for a Childrens Community Garden as wellas any other uses mutually agreed upon by the LANDLORD and TENANT which is infurtherance of the Adopted Community Redevelopment Plan. TENANT covenants thatno nuisance or hazardous trade or occupation shall be permitted or carried on in or uponthe Premises.

3. UTILITIES AND OTHER SERVICES:

All utilities, services and expenses for the Premises shall be paid by LANDLORD.

4. ALTERATIONS AND IMPROVEMENTS:

Unless otherwise prohibited by the terms of this Lease, TENANT may upon the approvalof LANDLORD, such approval not to be unreasonably withheld delayed or conditioned,at its own expense, make such changes, alterations, additions and improvements to thePremises as it may deem necessary or expedient in its operation. All alterations andimprovements made or caused to be made by TENANT which are permanently affixed tothe land shall be the property of TENANT until such time as this Lease is terminated atwhich time such alterations and improvements shall become the property of the


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LANDLORD. TENANT shall execute and deliver to LANDLORD a bill of sale or otherappropriate documentation at such time to evidence LANDLORDs ownership interest inthe alterations and improvements.

5. HOLD OVER BY TENANT:

TENANT may hold over and remain in possession of the Premises after theexpiration of this Lease which shall only operate to create a month-to-monthtenancy upon the same terms and conditions as are set forth in this Lease, whichmay be terminated by either party at the end of any month upon thirty (30) daysprior written notice by certified U.S. mail to the other. Double rent shall not becharged under this section.

6. ASSIGNMENT OR SUBLETTING:

TENANT may assign or sublet all or portions of the Premises for the remainder of the

term or portions thereof with the approval of LANDLORD, which approvalLANDLORD shall not unreasonably delay or withhold. Provided that the Premisescontinue to be used for the permitted uses herein by citizens, civic groups, not for profitor governmental entity. LANDLORD herein grants its consent for such subletting orassignment without the necessity of further action for permitted uses as defined inSection 3 above. LANDLORD may require an assignee to sign an assignment agreementwherein the assignee will assume the terms of this Lease. Should TENANT assign thisLease, TENANT shall be relieved from all liability under the Lease; however, shouldTENANT sublease the premises, TENANT will remain secondarily liable under theLease in the event the Sublessee defaults.

8. SURRENDER UPON TERMINATION:

TENANT agrees that upon expiration of the lease term, or upon the termination of theLease for any cause, it will, upon written notification by certified U.S. mail, peaceablysurrender and deliver the premises to LANDLORD, its agents or assigns.

9. RECOVERY OF POSSESSION ON DEFAULT:

In the event that the Premises are not used principally for the purposes permitted hereinLANDLORD may give TENANT notice thereof, by certified U.S. mail, and if TENANTshall fail to remedy such default within ninety (90) days after receipt of such notice, or ifsuch default is of a nature that it cannot be cured within ninety (90) days, if TENANTshall not have taken action to commence to cure such default and be diligently pursuingthe same, LANDLORD shall have the right to institute proceedings for the recovery ofpossession of the Premises.

10. DAMAGE TO PREMISES:

TENANT agrees that all property placed on the Premises shall be at the risk of TENANT,and that TENANT shall be solely responsible for the repair, maintenance, and operationof the interior portion of the Premises during the term of this Lease, subject toLANDLORDs and TENANTs obligations in Section 12 below.


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11. FIRE OR OTHER CASUALTY: Intentionally deleted

12. REPAIRS: Intentionally deleted

13. WAIVER:

Failure of either party to insist upon strict performance of any covenant or condition ofthis Lease, or to exercise any right or option herein contained, shall not be construed as awaiver or relinquishment for the future of any such covenant, condition or right ofelection; but the same shall remain in full force and effect. None of the conditions,covenants and provisions of this Lease shall be waived or modified except by the Partieshereto in writing.

14. INSURANCE:

TENANT shall maintain comprehensive liability insurance on the Premises duringthe term of this lease. TENANT shall maintain liability insurance coverage duringthe term of this lease.

15. ENVIRONMENTAL CONTAMINATION:

LANDLORD represents and warrants to TENANT that as of the date of executionof this Lease, neither LANDLORD, nor to the best of LANDLORD'S knowledge,any third party has used, produced, manufactured, stored, disposed of ordischarged any hazardous wastes or toxic substances in, under or about thePremises during the time in which LANDLORD owned the Premises.

16. RADON GAS:

Radon is a naturally occurring radioactive gas that, when it has accumulated in a buildingin sufficient quantities, may present health risk to persons who are exposed to it overtime. Levels of radon that exceed Federal and State Guidelines have been found inbuildings in Florida. Additional information regarding radon and radon testing may beobtained from the Public Health Unit of Broward County.

17. NOTICES:

Any notice or demand, which, under the terms of this Lease or by any statute orordinance, must or may be given or made by a Party hereto, shall be in writingand shall be given by certified or registered U.S. mail sent to the other Party atthe address of its principal office herein mentioned, or to such other address assuch Party may from time to time designate by notice.

Notice to TENANT shall be addressed to:

City ManagerLauderdale Lakes City Hall4300 NW 36th Street


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Fort Lauderdale, Florida 33313

With copies to:

James Brady

City Attorney200 E. Las Olas Boulevard, Suite 1700Fort Lauderdale, Florida 33301

Notice to the LANDLORD shall be addressed to:

Gary Rogers, CRA Executive DirectorLauderdale Lakes Community Redevelopment Agency4300 NW 36 StreetLauderdale Lakes, FL 33313

With a copy to:

CRA AttorneyJ . Michael Haygood701 Northpoint Parkway, Suite 209P.O. Box 3183West Palm Beach, Florida 33407

18. TERMS:

Every term of this Lease shall be deemed and construed to be of the essence thereof, andany breach shall be deemed and construed to be the very substance of this Lease.

19. SUCCESSORS; ASSIGNS:

This Lease shall inure to and be binding upon the successors and authorized assigns ofthe Parties.

20. RIGHT TO MORTGAGE:

LANDLORD may not encumber the Premises by mortgage or mortgages without theprior written consent of TENANT.

21. COPIES OF LEASE:

This Lease shall be executed in triplicate original copies, each copy of which,bearing original signatures, is to have the force and effect of an originaldocument.

22. PRIOR AGREEMENTS:


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This document incorporates and includes all prior negotiations, correspondence,conversations, agreements, and understandings applicable to the matters contained hereinand the parties agree that there are no commitments, agreements or understandingsconcerning the subject matter of this Lease that are not contained in this document.Accordingly, the parties agree that no deviation from the terms hereof shall be predicated

upon any prior representations or agreements, whether oral or written. It is further agreedthat no modification, amendment or alteration in the terms or conditions contained hereinshall be effective unless contained in a written document utilizing the same formalities aswere used in the execution of this Lease.

23. APPLICABLE LAW AND VENUE:

This Lease shall be interpreted and construed in accordance with and governed by thelaws of the State of Florida. Venue for litigation concerning this Lease shall be inBroward County, Florida.

24. CONDEMNATION:

TENANT reserves unto itself, and LANDLORD assigns to TENANT, all right todamages accruing on account of any taking or condemnation of all or any part ofthe Premises, or by reason of any act of any public or quasi-public authority forwhich damages are payable. LANDLORD agrees to execute such instruments orassignments as may be required by TENANT, to join with TENANT in anypetition for the recovery of damages, if requested by TENANT, and to turn overto TENANT any such damages that may be recovered in any such proceeding.TENANT does not reserve to itself, and LANDLORD does not assign toTENANT, any damages payable for the value of the land alone, excluding the

Building and the improvements to the Land. TENANT shall also retain alldamages for any trade fixtures installed by TENANT on the Premises at its costand expense, whether or not the same are part of the realty, or for any damagesfor interruption to the business of TENANT.

25. PUBLIC ENTITY CRIMES ACT:

TENANT represents that the execution of this Lease will not violate the Public EntityCrimes Act (Section 287.133, Florida Statutes), which essentially provides that a personor affiliate who is a contractor, consultant or other provider and who has been placed onthe convicted vendor list following a conviction for a Public Entity Crime may not submita bid on a contract to provide any goods or services to LANDLORD and may not submitbids on leases of real property to LANDLORD for a period of 36 months from the date ofbeing placed on the convicted vendor list. Violation of this section shall result intermination of this Lease and recovery of all monies paid hereto.

In addition to the foregoing, TENANT further represents that there has been nodetermination, based on an audit, that it committed an act defined by Section 287.133,Florida Statutes, as a public entity crime and that it has not been formally charged withcommitting an act defined as a public entity crime regardless of the amount of moneyinvolved or whether LANDLORD has been placed on the convicted vendor list.


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26. INDEPENDENT CONTRACTOR:

LANDLORD is an independent contractor under this Lease. Services provided byLANDLORD shall be subject to the supervision of LANDLORD, and such services shallnot be provided by LANDLORD or its agents as officers, employees, or agents of the

TENANT.

27. THIRD PARTY BENEFICIARIES:

Neither LANDLORD nor TENANT intend to directly or substantially benefit a thirdparty by this Lease. Therefore, the parties agree that there are no third partybeneficiaries to this Lease and that no third party shall be entitled to assert aclaim against either of them based upon this Lease. The parties expresslyacknowledge that it is not their intent to create any rights or obligations in anythird person or entity under this Lease.

28. COMPLIANCE WITH LAWS:

LANDLORD and TENANT shall comply with all federal, state, and local laws, codes,ordinances, rules, and regulations in performing its duties, responsibilities, andobligations related to this Lease.

29. SEVERANCE:

In the event this Lease or a material portion of this Lease is found by a court ofcompetent jurisdiction to be invalid, the remaining provisions shall continue to beeffective unless TENANT or LANDLORD elects to terminate this Lease. Any electionto terminate this Lease based upon this section shall be made within seven (7) days afterthe finding by the court becomes final.

31. JOINT PREPARATION:

Preparation of this Lease has been a joint effort of TENANT and LANDLORDand the resulting document shall not, solely as a matter of judicial construction,be construed more severely against one of the parties than any other.

31. PRIORITY OF PROVISIONS:

If there is a conflict or inconsistency between any term, statement, requirement, orprovision of any exhibit attached hereto, any document or events referred to herein, orany document incorporated into this Lease by reference and a term, statement,requirement, or provision of this Lease, the term, statement, requirement, or provisioncontained in this Lease shall prevail and be given effect.

32. RECORDING:

A Memorandum of Lease in the form attached hereto may be executed, deliveredand recorded in the public records of Broward County simultaneously with theexecution and delivery of this Lease.


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33. OTHER PROVISIONS:

Any additional provisions entered into any the time of execution of this Lease shallrequire approval of the parties by initialing at the bottom of any additional page(s), which

must be affixed to the Lease.

IN WITNESS WHEREOF, LANDLORD and TENANT have executed this Leaseon the dates hereinafter subscribed.


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LEASE AGREEMENT

WITNESSES: LANDLORD:

LAUDERDALE LAKESCOMMUNITY REDEVELOPMENT AGENCY

Print Name:

Print Name: By: ___________Chairman

____ day of ______________, 20____.

ATTEST:

Secretary

APPROVED AS TO FORM

By

CRA Attorney


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LEASE AGREEMENT

TENANT:

CITY OF LAUDERDALE LAKES

By

ATTEST: Mayor

day of ,

20 .

City Clerk

APPROVED AS TO FORM

By

City Attorney


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RESOLUTION No. 2013-15

A RESOLUTION OF THE LAUDERDALE LAKES COMMUNITYREDEVELOPMENT AGENCY AUTHORIZING THE EXECUTION OF ALEASE AGREEMENT BY AND BETWEEN LAUDERDLAE LAKES

COMMUNITY REDEVELOPMENT AGENCY AND CITY OF LAUDERDALELAKES FOR THE PROPERTY LOCATED AT THE S.W. CORNER OFN.W. 31ST STREET AND 40TH STREET; DIRECTING AND AUTHORIZINGTHE CHAIRMAN AND SECRETARY TO TAKE SUCH ACTIONS ASSHALL BE NECESSARY AND CONSISTENT TO CARRY OUT THEINTENT AND DESIRE OF THE AGENCY; ADOPTINGREPRESENTATIONS; PROVIDING AN EFFECTIVE DATE.

WHEREAS, the Lauderdale Lakes Community Redevelopment Agency (the

Agency) was established pursuant to Part III, Chapter 163, Florida Statutes, and the

powers there under delegated by Broward County; and

WHEREAS, by Resolution No.02-205, the City Council of the City of Lauderdale

Lakes adopted a community redevelopment plan (the Plan) for the Community

redevelopment area as fully described in that Resolution (the Community Redevelopment

Area) as amended by the adoption of Resolution ___ amending the Plan (the Amended

Plan)(the Amended Plan and the Plan will be jointly referred to as the Plan); and

Whereas, the Plan provides for the development of recreational and park facilities;

and

WHEREAS, the Agency, pursuant to the Plan, owns property in the CRA Area

located at the S.W. corner of N.W. 31st Street and 40th Street (the Property); and

WHEREAS, the City of Lauderdale Lakes (the City) and the Agency desire to

enter into a lease for the Property for the development of a Childrens Community Gardenin cooperation with the Broward County Sherriffs Office and Broward County Public

Schools; and




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Section 2. AUTHORIZATION, DIRECTION: The Chair and the Secretary are

hereby authorized and directed to execute the Lease Agreement for the Property

substantially in the form attached hereto as Exhibit A.

Section 4. AUTHORIZATION AND DIRECTION: The Chair, Secretary and

the Executive Director of the CRA, on behalf of the CRA, are each hereby authorized to

take such steps as shall be necessary and proper to carry out the purposes hereof.





HELD September 17, 2013.

_______________________________LEVOYD WILLIAMS, CHAIRPERSON

ATTEST:

______________________________LOLITA CODRINGTON, SECRETARY

VOTE:

Chairman Levoyd Williams ____(For) _____(Against) ___(Other)Commissioner Patricia Williams ____(For) _____(Against) ___(Other)Commissioner Edwina Coleman ____(For) _____(Against) ___(Other)Commissioner Eric Haynes ____(For) _____(Against) ___(Other)Commissioner Gloria Lewis ____(For) _____(Against) ___(Other)Commissioner Eileen Rathery ____(For) _____(Against) ___(Other)


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12. C


Agenda Cover Page


Title

MOTION AUTHORIZING ACCEPTANCE, DEPOSIT, BUDGET MANAGEMENT ANDDISTRIBUTION OF A PRIVATE DONATION FROM BROWARD MEAT AND FISH CO.FOR THE DEVELOPMENT OF THE CHILDREN'S COMMUNITY GARDEN ON VACANTCRA OWNED LAND

Summary

The Community Redevelopment Agency (CRA) has received a private donation of $5,000 forthe development of the Children's Community Garden from the Broward Meat and Fish Co. Thefunds must be accepted and deposited into the CRA's bank account to allow fund managementand accounting standards to be applied to allow the funds to be utilized for the acquisition of thematerials needed to build the project.


Background:

The Community Garden Club of Lauderdale Lakes has sponsored the two community gardenprojects: The Community Garden located at the Ireland Property is entering its third plantingseason and the Childrens Community Garden is being developed at the present time and thatfacility will become operational in October 2013 according to plans.

Gardening activity benefits: family health, household budgets and provides tremendous

educational, recreational and economic benefits to participants and to the CRA district as amarket for investment.

The activities which take place on CRA owned lands are the foundation for the City ofLauderdale Lakes HEALTHY LIVING INITIATIVES.



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None

_______________________________________________________________________



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