Broward County Commission Regular Meeting
Director's Name: Leonard Vialpando
Department: Public Works and Environmental Services
Division: Real Property and Real Estate Development
Information
Requested Action
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MOTION TO APPROVE Third Amendment to Lease Agreement between The School Board of Miami-Dade County, Florida, as lessor, and Broward County, as lessee, for an approximately 14.32-acre parcel of land located at 3501 S.W. 56 Avenue, West Park, Florida 33023 and known as McTyre Park, updating construction requirements and lease termination rights, and adding certain provisions and disclosures; and authorize the Mayor and Clerk to execute same. (Commission District 6)
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Why Action is Necessary
Board of County Commissioners’ approval is required to approve and execute lease agreements and amendments to lease agreements.
What Action Accomplishes
Provides the County with the Third Amendment to Lease Agreement for McTyre Park updating construction requirements and lease termination rights, and adding certain provisions and disclosures.
Goal Related Icon(s)
☐County Commission
☐Go Green
☐MAP Broward
Previous Action Taken
May 20, 1969 - Lease Approved
November 19, 1985 - Item No. 9
September 20, 2016 - Item No. 21
Summary Explanation/Background
THE PUBLIC WORKS AND ENVIRONMENTAL SERVICES DEPARTMENT AND THE REAL PROPERTY AND REAL ESTATE DEVELOPMENT DIVISION RECOMMEND APPROVAL OF THE ABOVE MOTION.
The State of Florida (“State”) and the School Board of Miami-Dade County, Florida (“School Board”), are the joint owners of an approximately 14.32-acre parcel of land located at 3501 S.W. 56th Avenue, West Park, Florida 33023, used as a community park known as McTyre Park.
Broward County (“County”) leases McTyre Park from the School Board pursuant to that certain Lease dated May 20, 1969, as amended by that certain Modification Agreement dated December 16, 1985, and that certain Second Amendment to Lease dated April 7, 2017 (as amended, the “Lease”).
On September 15, 2009, McTyre Park was annexed into the City of West Park (“City”). The County and City entered into an Operating Agreement effective September 15, 2009, whereby the City became responsible for all maintenance requirements, and solely responsible for the operation and oversight of McTyre Park. The County pays the City $12,000 annually, to be used toward maintaining McTyre Park. The term of both the Lease and the Operating Agreement expires on September 10, 2050.
The City desires to construct a mini-amphitheater and restroom facility at McTyre Park (the “Project”), at no cost to the County. The City’s budget for construction of the Project is approximately $1,495,000.
The County has consented to the Project. The County and City entered into an interlocal agreement on August 13, 2023, setting forth the obligations and requirements for construction of the Project. Prior to granting its consent, the School Board is requiring that the Lease be amended. The key terms of the proposed Third Amendment to Lease Agreement (”Third Amendment”) are as follows:
• Improvements: County may, with the School Board’s prior written approval, construct or modify improvements at McTyre Park.
• Review Costs: County pays all School Board costs for jurisdictional plan review, permitting, and inspections.
• Regulatory Authority: At its sole option, School Board may retain sole authority for regulatory and building permitting review of any work at McTyre Park, or delegate same to County’s building department.
• Indemnification/Insurance: County, contractors and subcontractors, indemnify School Board from liability caused by City’s construction of the Project. County to ensure contractors maintain all required insurance.
• Termination/Permanent Improvements: Either party may terminate the Lease upon 120 days prior written notice. Upon expiration or early termination of the Lease, at School Board’s option, permanent improvements must either be removed by County or conveyed to School Board.
The School Board has authorized the Third Amendment in accordance with Board Item F-1, Board Action No. 123,983 at its meeting of August 12, 2025; and the State has authorized the School Board to enter into the Third Amendment.
The Third Amendment to Lease Agreement has been reviewed and approved as to form by the Office of the County Attorney.
Source of Additional Information
Lary S. Mahoney, Director, Real Property and Real Estate Development, Public Works Department, (954) 357-7357
Trevor M. A. Fisher, P.E., MBA, Director, Public Works Department, (954) 357-6410
Lenny Vialpando, Director, Public Works and Environmental Services Department, (954) 357-6677
Fiscal Impact
Fiscal Impact/Cost Summary
No fiscal impact.