HomeMy WebLinkAboutR-02-0152J-02-102
2/19/02
RESOLUTION NO. 02— 15 2
A RESOLUTION OF THE MIAMI CITY COMMISSION,
WITH ATTACHMENT(S), AUTHORIZING THE CITY
MANAGER TO EXECUTE A LEASE AGREEMENT
("AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED
FORM, BETWEEN THE CITY OF MIAMI ("LESSEE")
AND GROVITES UNITED TO SURVIVE ("LESSOR") FOR
THE USE OF APPROXIMATELY 1500 SQUARE FEET OF
THE PROPERTY LOCATED AT 3692-B GRAND AVENUE,
MIAMI, FLORIDA, FOR OFFICE SPACE FOR THE
SOUTHWEST GROVE NET OFFICE AT A MONTHLY FEE
OF $1,300 FOR A PERIOD OF TWO YEARS, SUBJECT
TO THE FOLLOWING AND TERMS AND CONDITIONS AS
SET FORTH IN THE AGREEMENT: THE CITY WILL BE
RESPONSIBLE FOR (1) THE FIRST $2,000 OF COSTS
FOR NON-STRUCTURAL MAINTENANCE AND REPAIR OF
THE OFFICE SPACE, (2) PAYMENT OF ALL
UTILITIES AND (3) CONSTRUCTTON OF ONE
HANDICAP ACCESSIBLE BATHROOM AT AN ESTIMATED
COST OF $20,000; ALLOCATING FUNDS FROM
ACCOUNT CODE NO. 145001.251113.6.620.
BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The City Manager is authorized!' to execute a
Lease Agreement ("Agreement"), in substantially the attached
form, between the City of Miami ("Lessee") and Grovites United to
Survive ("Lessor") for the use of approximately 1500 square feet
of the property located at 3692-B Grand Avenue, Miami, Florida,
1
The herein authorization is further subject to compliance with all
requirements that may be imposed by the City Attorney, including but not
limited to those prescribed by applicable City Charter and Code
provisions.
CITY COMMISSION
MEr.TING 6F
FED 1. 4 6jZ
for office space for the Southwest Grove NET Office at a monthly
fee of $1,300 for a period of two years, subject to the following
and terms and conditions as set forth in the agreement: the City
will be responsible for (1) the first $2, 000 of costs for non ---
structural maintenance and repair of the office space, (2)
payment of all utilities, and (3) construction of one handicap
accessible bathroom at an estimated cost of $20,000, with funds
allocated from Account Code No. 145001.251113.6.620.
Section 2. This Resolution shall become effective
immediately upon its adoption and signature of the Mayor.'
PASSED AND ADOPTED this 14th
ATTEST:
Y IA SCHEIDFR, �ACTI�NQC�ITY CLERK
APPROVEI�OS 70 FORM
LLO, C
69:tr:LB:BSS:smg:kdw
day of Februa y 2002.
MANUEL A. DIAZ AYOR
CORRECTNESS:?/
EY
z/ If the Mayor does not sign this Resolution, it shall become effective at
the end of ten calendar days from the date it was adopted and passed.
If the Mayor vetoes this Resolution, it shall not become effective
unless the City Commission overrides the veto.
Page 2 of 2
02 152
2-14-02
•
LEASE AGREEMENT
BETWEEN
•
GROVITES UNITED TO SURVIVE
AND
THE CITY OF MIAMI, FLORIDA
FOR THE USE OF THE FOLLOWING DESCRIBED PREMISES:
3692 B GRAND AVENUE
MIAMI, FLORIDA 33133
02- 152
TABLE OF CONTENTS
1. PURPOSE
2. DURATION OF TERM
3. AMOUNT OF RENT AND MANNER OF PAYMENT
4. SECURITY DEPOSIT
5. OPTION TO EXTEND
6. LESSEE'S SUBORDINATION TO MORTGAGE
7. CONDITION OF PREMISES
S. USE
9. CONDITION OF PREMISES AT TERMINATION
10. HOLDOVER
11. SIGNS
12, MAINTENANCE AND REPAIRS
13. UTILITIES
14, COVENANTS OF THE LESSEE
15. COVENANTS OF THE LESSOR
16. QUIET ENJOYMENT
17. LESSOR'S INSURANCE
18. INDEMNIFICATION
19. ADDITIONAL MUTUAL COVENANTS
20. PROVISIONS OF DEFAULT
21. NOTICES
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22. FORCE MA3EURE
23. PARKING
24. ENVIRONMENTAL
25. MISCELLANEOUS
EXHIBIT A LEGAL DESCRIPTION
EXHIBIT B SITE PLAN
•
U2-- 152
LEASE AGREEMENT
This Lease Agreement (the "Lease Agreement" or "Lease") is made and entered into at
Miami -Dade County, Florida, the day of , 2002, by and between
Grovites United to Survive, a not-for-profit corporation of the State of Florida hereinafter
called, "Lessor", and the City of Miami, a municipal corporation of the State of Florida,
hereinafter called "Lessee", the terms "Lessor" and "Lessee" shall include their respective
successors, assigns, heirs, legal representatives, executors, administrators, and personal
representatives wherever the context of this Lease so requires or admits.
Witnesseth:
Whereas in consideration of the mutual agreements subsequently contained herein, the
Lessor and the City agree as follows:
L PURPOSE
The Lessor is the owner of real property located at 3692 B Grand Avenue, Miami,
Florida 33133, as described in Exhibit "A" (the "Property"), The Lessor hereby leases to
the Lessee, the entire Premises consisting of approximately 1,500 square feet as shown on
Exhibit `B" (collectively the "Premises").
2. DURATION OF TERM:
A) The Lease Term and duration of this Lease shall be for a period of two (2) years,
(the "Lease Term" or Term") commencing on the date Lessee physically occupies
the Premises (the "Possession Date").
B) Rent shall commence upon "Possession Date".
3. AMOUNT OF RENT AND MANNER OF PAYMENT:
The Lessee shall pay the Lessor for the Term of this Lease ONE THOUSAND THREE
HUNDRED DOLLARS ($1,300.00) per month (the "Rent"). The Rent payment shall be
made by check payable to Grovites United to Survive in advance, and delivered, on the
first day of each month, without notice, to the following address at: Grovites United to
Survive c/o James Gibson, Treasurer, 11220 Washington Boulevard, Miami, Florida
33176.
The term "Rent" more specifically refers to all rent due to Lessor by Lessee inclusive of
insurance, real estate taxes, administrative fees, maintenance and repairs to the extent
provided for in this Lease Agreement, and all other expenses related to the rental of the
Premises. Lessee shall provide Janitorial Services, as hereinafter defined, which shall be
provided by Lessee at its sole cast and expense. "Janitorial Services" more specifically
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refer to the daily vacuuming, garbage collection from waste cans within the leased
premises, light dusting and cleaning of offices and restrooms, light bulb replacement and
care of flooring.
In the event the Rent commences on a day other than the first day of a calendar month,
then upon the day of Rent commencement, Lessee shall pay Lessor a pro rata portion of a
full month's rent, determined by dividing a full month's rent by the total days in the
month of usage and multiplying the product by the number of days of occupancy.
4. SECURITY DEPOSIT:
No Security Deposit required.
5. OPTION TO RENEW:
No Option Period.
6. LESSEE'S SUBORDINATION TO MORTGAGE:
It is specifically understood and agreed by and between the Lessor and the Lessee that the
Lessor may, from time to time, secure a construction and/or first mortgage on the
Premises from a bank, savings and loan association, insurance company or other
recognized lending institution; and that this Lease is and shall be subordinate to the lien
of said construction and/or first mortgage; and the Lessee agrees that it will execute such
subordination or other documents or agreements as may be reasonably required by such
lending institution, provided however, that the mortgage and/or subordination agreement,
as the lending institution may direct, shall contain a provision which states, in effect, that
the Lessee shall not be disturbed in its possession and occupancy of the Premises during
the Term of this Lease, notwithstanding any such mortgage or mortgages, provided that
the Lessee shall comply with and perform its obligations hereunder.
7. CONDITION OF THE PREMISES:
The Lessee shall accept possession of the Premises in its "as is" condition existing on the
Possession Date with the noted exceptions in Section 12A of this Lease. Lessor shall
ensure that the Premises and all its components shall be in good condition and in good
working order at the time the Lessee takes possession. Lessee shall have an opportunity
to inspect the Premises before taking possession.
8. USE:
A) The Lessee shall use and occupy the Premises for offices and/or other such related
functions. Lessee shall be allowed to sublease any portion of the offices with
Lessor's prior written consent, which shall not be unreasonably withheld nor
delayed beyond five (5) business days from receipt of Lessee's request. It is,
however, agreed ghat in the event the Lessee shall, in its discretion deem it
desirable, the Premises may be used for any other legitimate and lawful business
purpose provided that no such use shall cause Lessor's insurance to substantially
increase without the written consent of the Lessor, which consent will not be
unreasonably withheld.
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B) The Lessee will not occupy or use said Premises, nor permit the same to be
occupied or used for any business, which is unlawful. Lessee agrees to comply
with all lawful requirements of the Health Department, Police Department, Fire
Department, Municipal, County, State and Federal authorities respecting the
manner in which it uses the Premises.
C) Lessee shall not make any change to the exterior and/or interior portion of the
Premises without the express written consent of the Lessor, which consent shall
not be unreasonably withheld nor delayed beyond five (5) business days from
receipt of Lessee's request, and particularly the Lessee will not cause anything to
be done which may impair the over-all appearance of the Premises. Although the
Premises is intended to include the exterior walls and parking spaces, as per
Exhibit B, the Lessee covenants that it shall not use the exterior portion of the
Premises except for parking, and ingress and egress without the express written
consent of the Lessor, which consent shall not be unreasonably withheld nor
delayed beyond five (5) business days.
D) Lessor hereby grants to Lessee the non-exclusive right to use, in common with
Lessor and other tenants of the Premises, the portions of the Premises intended to
be for common use, including but not limited to, parking areas, roads, streets,
drives, , passageways, landscaped areas, open and enclosed malls, interior and
exterior ramps, elevators, walks and arcades, if any (herein collectively referred to
as the "Common Area").
9. CONDITION OF PREMISES AT TERMINATION:
Upon the expiration or earlier termination of the Lease, Lessee will quit and surrender the
Premises in a good state of repair and broom swept, reasonable wear and tear excepted.
However, Lessee shall not be obligated to repair any damage, which Lessor is required to
repair under section 19(B). All fixtures, window treatments and keys shall at the end of
the term revert back to the Lessor.
10. HOLDOVER:
In the absence of any written agreement to the contrary, if Lessee should remain in
occupancy of the Premises after the expiration of the Lease Term, it shall so remain as a
tenant from month-to-month and the Rent shall be the same Rent as the last in effect at
lease term. All provisions of this lease applicable to such tenancy shall remain in full
force and effect.
11. SIGNS:
Despite the terminology contained in this Lease Agreement, outside signs shall not be
erected and/or attached to any portion of the Premises without the express written consent
of the Lessor, which consent shall not be unreasonably withheld nor delayed beyond five
(5) business days from receipt of Lessee's request.
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12. MAINTENANCE AND REPAIRS:
A) Lessor, at its sole cost and expense, shall keep the Premises and Common Areas
in a good state of repair, and it shall be responsible for all maintenance, repairs
and replacements to any structural portion of the Premises, the roof and exterior
masonry and paint of the Premises as well as pest control to the Premises. Prior
to the City's possession of the Premises the Lessor will make the following
necessary repairs: seal leaking windows, repair the outside stucco (front area of
office) of the Premises and make certain the air conditioning is in working order
and shall comply with all building and zoning codes, as applicable.
B) Lessee shall keep the Premises and the improvements placed therein in a good
state of repair, and Lessee shall be responsible for all repairs to the painting,
maintenance and repairs to the interior of the Premises including all windows,
doors and openings, all electrical, ballasts, plumbing, fixtures, the HVAC
system, and other systems installed within the Premises, provided that the total
cost of such maintenance and repairs shall not exceed two thousand dollars
($2,000) per year. Lessor shall be responsible for all maintenance and repair
costs that exceed two thousand dollars ($2,000) per year. If the HVAC system
is in need of repair and the amount of repair alone or with other expenditures
incurred exceeds two thousand dollars ($2,000), Lessor shall make necessary
repairs to the HVAC system within twenty-four (24) hours upon receiving
notice from Lessee.
C) Notwithstanding the obligations of the Lessor provided in "A" and `B" above,
any repairs necessitated by the gross negligence or willful misconduct of Lessee,
its employees, and invitees will be repaired by Lessor and the Lessor shall have
the right to recover the cost of such repairs from Lessee upon submission of
evidence of such gross negligence or willful misconduct.
D) Notwithstanding anything herein to the contrary, Lessor shall be solely
responsible for all damages and repairs caused by Lessor's negligence.
E) In order to minimize any disruption to Lessee's use of the Premises, Lessor shall
notify Lessee no less than 24 hours prior to the commencement of any repair.
Upon receiving Lessee's consent, which consent shall not be unreasonably
withheld, Lessor may construct, repair or complete any work it deems necessary
to maintain the integrity of the Premises. Should any of the Premises be
unusable to Lessee as a result of Lessor's repairs, the Lessee shall receive a rent
abatement for the period of time such repairs are undertaken.
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•
13. UTILITIES:
Lessor represents and warrants that water, sanitary sewers, storm sewers, electric current,
and telephone facilities sufficient to accommodate Lessee's business are, or will be,
available at the Premises on or before the Possession Date. Lessee shall pay for all water,
electricity, telephone, and other utilities serving the Premises. The space is
cable/computer ready and separately metered for utility service.
14. COVENANTS OF THE LESSEE:
A) The Lessee hereby covenants and agrees with the Lessor as follows:
1) That the Lessee shall not hold Lessor liable for any damage to Lessee's
property caused by reason of water or the bursting or leaking of any pipes or
waste water about said Premises, or fire, or hurricane, flooding or other acts of
God, or loss or damage as a result of thefts, except for losses or damages
caused by the Lessor's negligence.
2) The Lessee shall have the right, at its sole cost and expense, to reactivate the
alarm system. In the event Lessee reactivates the alarm system, Lessee shall
pay for all costs associated with its maintenance, repair and monitoring.
3) It is the responsibility of Lessee, at its sole cost and expense, to buildout one
(1) Handicap Accessible bathroom in conformance with applicable laws.
15. COVENANTS OF THE LESSOR:
The Lessor hereby covenants and agrees with the Lessee as follows:
A) That Lessor is, at the time of the execution of these presents, the sole owner in fee
simple of the Premises herein above described and that it has good and marketable
title, and the full right to lease the same for the term aforesaid.
B) That Lessor will put the Lessee in actual possession of the Premises on the
Possession Date.
C) That Lessor will keep the Premises free and clear of any and all liens on account
of any construction, repair, alterations or improvements, which Lessor may be,
obligated to make or perform under this Lease. Lessor shall keep any and all
mortgage payments current and in good standing.
D) That Lessor shall pay, prior to delinquency, real estate taxes and assessments,
which may be levied or assessed upon the Premises improvements subsequent to
the Possession Date.
E) That Lessor shall deactivate the alarm system prior to the Possession Date.
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F) The Lessor further covenants that Lessor will keep the Premises, parking areas,
the exterior, the Common Areas and the Property, in good repair.
G) Except as provided in ,Section 14 (A) (3) above, Lessor hereby covenants that on
the Possession Date the premises shall be in compliance with all applicable
Federal, State, County and City laws, codes and regulations including but not
limited to Federal, State and Building and Zoning codes.
16. QUIET ENJOYMENT
Lessee or its sublessee, on payment of the rent herein provided and performance of its
obligations, hereunder, shall and may peacefully and quietly have, hold, and enjoy the
Premises for the term hereof or any extension or renewal thereof with all rights and
privileges and for the use herein provided. Without limiting any of its rights, Lessee may
terminate and cancel this Lease upon thirty (30) days Notice to Lessor in the event that
enjoyment or use of the Premises is prohibited provided that from the date of receipt of
such notice by Lessor, Lessor shall have fifteen (15) days to cure the prohibited
enjoyment or use.
17. LESSOR'S INSURANCE:
The Lessor will, during the Lease Term, and any extensions thereof, and at its sole cost
and expense, shall carry fire, windstorm, hail, flood and extended coverage insurance on
the improvements of the Premises to the full replacement value. Lessor will provide to
Lessee a Certificate of Insurance detailing its insurance coverage. Lessee is self-insured.
18. INDEMNIFICATION:
A) To the extent permitted by law, Lessor agrees to indemnify, hold harmless and
defend Lessee, its subtenants and assignees, from and against any and all claims,
actions, damages, liabilities and expenses, judgments, settlement payments, fines
paid, incurred or suffered by Lessee in connection with loss of life, personal injury
and/or damage to property, arising from or out of the occupancy or use by Lessee
of the Premises.
B) If Lessee's use and occupancy is materially interfered with as a result of any of the
above for which Lessor is responsible under this section, Lessee, in addition to
any other available remedy, shall be entitled to an abatement of Rent.
19. ADDITIONAL MUTUAL COVENANTS:
The following stipulations and agreements are expressly Lmderstood by both the Lessor
and the Lessee and they do hereby agree to abide by them:
A) In the event the Lessor shall fail to make the payments on any mortgages, or taxes
or other payments on the Premises which Lessor is required to pay, the Lessee
may, but shall not be required to, make such mortgage or tax payments or such
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other payments or do such acts and things as may be necessary to keep the
mortgage or taxes on the Premises from being in default, and may deduct the cost
thereof from the next ensuing rentals due under this Lease.
B) In the event improvements in the Premises shall be partially damaged by fire or
other casualty but not rendered unrentable, the same shall be repaired with due
diligence by the Lessor, and at Lessor's expense. If the Premises shall be
damaged by fire, the elements or unavoidable casualty, leaving more than 50% of
leased floor space unusable for Lessee's purposes, and rendering the Premises
unfit for occupancy, the Lessor and Lessee shall each have the option of
terminating this lease within thirty (30) days from the date of the casualty by
providing Notice to the other party as provided in this Lease. Provided that the
Lessor elects to rebuild the Premises, the Lessor shall proceed with such
construction and complete same with all reasonable diligence. In the event the
Lessor elects not to reconstruct, then and in that event the Lease shall be deemed
terminated. If termination occurs, the rights and obligations of the parties shall
cease as of the date of such Termination, and Rent shall be adjusted as of the date
of such casualty. If the Premises are rendered untenantable in the Lessee's sole
opinion, or Lessee is unable to use a portion of the Premises due to repairs, then
and in that event the Rent during the period that the Premises are in said condition
shall be reduced in direct proportion to that portion of the Premises, which is, in
fact, untenantable or under repair.
Q The covenants and agreements contained in this Lease are interdependent and are
binding on the parties hereto, their successors and assigns. This Lease has been
prepared in several counterparts, each of which said counterpart, when executed,
shall be deemed to be an original hereof.
D) If Lessee shall hereafter install, at its expense, any shelving, lighting and other
fixtures, unit heaters, portable air conditioning units, portable partitions or any
trade fixtures, or if Lessee shall hereafter install or apply any advertising signs or
other standard identifications of Lessee, any article so installed or any identifica-
tion so applied shall be the property of the Lessee, which Lessee may remove at
the termination of this Lease, provided that in such removal Lessee shall repair
any damage occasioned to the Premises, in good workman -like manner. The
Lessee has the right upon Notice to the Lessor to install telecommunication
services and equipment and Lessor's consent to such installation shall not be
unreasonably withheld. The Lessee shall not remove any fixtures, equipment, or
additions which are normally considered to be affixed to the realty such as, but not
limited to, electrical conduit and wiring, panel or circuit boxes, terminal boxes,
partition walls paneling, central air conditioning and ducts, plumbing fixtures.
E) It is specified that Lessee has not sought or used the services of any broker in
connection with this Lease. Any and all real estate commissions payable to
broker(s) shall be the sole responsibility of the Lessor. Lessor agrees to indemnify
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•
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the Lessee against, and hold it harmless from, all liabilities arising from claims of
any broker who alleges the right to commission based upon having dealt with
Lessee (including, without limitations, the reasonable counsel fees in connection
therewith). Any and all real estate commissions payable to Lessor's broker shall
be the sole responsibility of Lessor.
20. PROVISIONS OF DEFAULT:
A) By Lessee:
1) Should the Lessee default in payment of rent and such default continues for
thirty (30) days after receipt of Notice thereof by the Lessee, or if the Lessee
defaults in any other non -monetary covenants, and within a period of forty-
five (45) days after receipt of Notice specifying such non -monetary default by
the Lessee, has not cured the default or defaults, or if they cannot reasonably
be cured within this period, has not yet begun to cure such default, the Lessor
may at its option, but subject to other provisions of this Lease, terminate this
Lease. Lessor's exercise of its rights under this Lease shall not be deemed to
be equivalent to the Lessor's termination of this Lease, unless and until
Lessor shall specifically give actual notice of termination of the Lease by
providing written notice in accordance with Section 21 of this Lease. In the
event of such termination, the Lessee is responsible for the payment of rental
payments accrued and unpaid to the date of termination. Thereafter, Lessee
shall have no further obligations to make rental payments hereunder.
2) If Lessor defaults in the performance of any provision hereof and such default
continues for forty five (45) days after receipt of notice thereof by the Lessee,
or if the default cannot reasonably be cured within this period, then the
Lessee may, at its option, but subject to other provisions of this Lease,
terminate this Lease. Lessee, at its option, may cure the default and Lessor
must reimburse Lessee for all expenses within ten (10) days upon receiving
invoice.
Notwithstanding anything set forth within this Lease, in the event of Lessor or Lessee's
default, Lessee or Lessor shall be entitled to pursue any and all remedies available to it at
law or equity, including but not limited to the right of Specific Performance.
21. NOTICES:
All notices, by the Lessor to the Lessee or by the Lessee to the Lessor, shall be given by
certified mail, return receipt requested, hand delivery, or courier, ("Notice") addressed to
the Lessee or Lessor as maybe applicable, at:
Lessee:
City of Miami
Office of the City Manager
444 S.W. 2"" Avenue, 10'h Floor
Miami, FL 33130
and a copy to
City of Miami
Office of Asset Management
444 S.W. 2nd Avenue, 3rd Floor
Miami, FL 33130
and a copy to
Lessor:
City of Miami
Southwest Grove Net Office
Net Administrator
3692 B Grand Avenue
Miami, FL 33133
Mr. Henry Lee Givens, President
Grovites United to Survive
10500 SW 1491" Street
Miami, Florida 33176
or to such other address as either party may designate from time to time. If Notice is
given by hand delivery or courier, Notice shall be deemed served on the date of such
delivery. If the Notice is sent via certified mail, Notice shall be deemed served five (5)
business days after the date the Notice is deposited with the U.S. Post Office.
22. FORCE MAJEURE:
In the event that .Lessor or Lessee shall be delayed, hindered in, or prevented from the
performance of any act required hereunder by reason of strikes, lockouts, inability to
procure materials, failure of power, restrictive governmental laws or regulations, riots,
insurrection, default of the other party, or other reason beyond their control, the prevented
party shall provide Notice to the other party, and the performance of such act shall be
excused for the period of the delay and the period for the performance of any such act
shall be extended for a period equivalent to the period of such delay.
23. PARKING:
During the term of the Lease and any extension thereof, Lessor shall provide Lessee with
no less than six (6) parking spaces for the sole use of Lessee, Lessee's employees, and
those associated with Lessee. These six (6) parking spaces must conform to all existing
governmental codes in effect at the time of occupancy.
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24. ENVIRONMENTAL:
A) Lessor represents and warrants to Lessee that:
1) no Hazardous Materials (as defined below) have been located on the Premises
or have been released into the environment, or discharged, placed or disposed
of at, on or under the Premises;
2) no underground storage tanks have been or are located on the Premises;
3) the Premises has never been used as a dump for any Hazardous Materials (as
defined below); and
4) the Premises and its prior uses comply with and at all times have complied
with, Environmental Laws (as defined below).
(a) The term "Hazardous Materials" shall mean any substance, material, waste
gas, or particulate matter which at the time of the execution of the Lease of
any time thereafter is regulated by any local governmental authority, the
State in which the Premises is located, or the United States Government,
including but not limited to, any material or substance which is:
(i) defined as a "hazardous material", "hazardous substance", "extremely
hazardous waste", or "restricted hazardous waste" under any provision
of State Law;
(ii) petroleum;
(iii) asbestos
(iv) polychlorinated biphenyl;
(v) radioactive material;
(vi) designated as a "hazardous substance" pursuant to Section 311 of the
Clean Water Act, 33 U.S.C. Sec. 1251 et seg. (33 U.S.C. Sec. 1371);
(vii) defined as a "hazardous waste" pursuant to Section 1004 of the
Resource Conservation and Recovery Act, 42 U.S.C. Sec. 6901 et seg.
(42 U.S.C. Sec. 6903); or
(viii) defined as a "hazardous substance" pursuant to Section 101 of the
Comprehensive Environmental Response, Compensation and Liability
Act 42 U.S.C. Sec. 9601 et seg. (42 U.S.C. Sec. 9601).
(b) The term "Environmental Laws" shall mean all statutes specifically
described in the foregoing sentence and all federal, state, and local
governmental health and safety statutes, ordinances, codes, rules,
regulations, orders and decrees regulating to or imposing liability or
standard concerning or in connection with Hazardous Materials.
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5) Lessor hereby indemnifies Lessee from any matter related to the
representation and covenants provided herein.
25. MISCELLANEOUS:
A) This Lease may be amended, modified and changed only by written instrument
signed by the City Manager and the Lessor. The City Manager is authorized to
amend or modify this Lease as needed.
B} This Lease shall be construed according to the laws of the state in which the
Premises are located.
C} Should any portion of this Lease be declared invalid and unenforceable, then such
portion shall be deemed to be severable from this Lease and shall not affect the
remainder thereof.
D) It is expressly understood that this Lease contains all terms, covenants, conditions
and agreements between the parties hereto relating to the subject matter of this
Lease, and that no prior agreements or understandings, either oral or written,
pertaining to the same shall be valid or of any force and effect, and that the terms,
covenants, conditions and provisions of this Lease cannot be altered, changed,
modified or added to except in writing by all parties hereto.
E} Should any party or parties hereto institute any action or proceeding in Court to
enforce any provision or provisions hereof, or for damages by reason of any
default under this Lease, or for a declaration of such party's or parties' rights or
obligations hereunder, or for any other judicial remedies, the Court may adjudge
reasonable attorney's fees for the services rendered the party or parties prevailing
in any such action or proceeding.
F) Lessor or Lessee's failure to take advantage of any default hereunder, or breach of
any term, covenant, condition or agreement of this Lease on the part of Lessee or
Lessor to be performed shall not be (or be construed to be) a waiver thereof, nor
shall any custom or practice which may grow between the parties in the course of
administering this Lease be construed to waive or to lessen the right of Lessor or
Lessee to insist upon the performance by Lessee or Lessor of any term, covenant,
condition or agreement hereof, or to exercise any rights given by either of them on
account of any such default or breach. Waiver of a particular default under or
breach of any term, covenant, condition or agreement of this Lease, or any
leniency shown by Lessor or Lessee in respect thereto, shall not be construed as or
constitute a waiver of any other or subsequent defaults under this Lease, or a
waiver of the right of either party to proceed against the other for the same or any
other subsequent default under, or breach of any other term, covenant, condition
or agreement of this Lease.
11
02- 152
G) Lessor represents that at the Possession Date, Premises will not be in violation of
any building code, environmental regulation or other governmental ordinance or
regulation. Lessor further warrants and represents that it has received no notice of
any such violation.
H) Lessor agrees that the Premises now conform, or that, prior to Lessee's
occupancy, that the Premises shall, at the Lessor's sole cost and expense, be
brought into conformance with the requirements of Section 553.48 F.S., providing
requirements for the physically handicapped.
1) Lessor hereby grants Lessee an easement for ingress/egress, access, parking and
for driveway purpose, for the Premises.
J) Lessor hereby represents and warrants to Lessee that the drinking (faucet) water at
the Premises is available to the degree of the educational code and it is free of all
contaminants and harmful chemicals.
K) Lessor hereby represents and warrants to Lessee that there are no rats, rodents,
termites, insects, or pests of any kind within the Premises. Should Lessee find
evidence of anything to the contrary, Lessor shall immediately rectify the situation
by employing a pest exterminator.
L) This Lease Agreement is the result of negotiations between the parties and has
been typed/printed by one party for the convenience of both parties, and the
parties covenant that this Lease Agreement shall not be construed in favor of or
against either of the parties.
In Witness Whereof, the parties hereto have hereunto set their hands and seals on the day
and year first above written.
Witness:
(as to Lessor)
CORPORATE SECRETARY
CORPORATE SEAL:
Lessor:
12
Henry Lee Givens, President
Grovites United to Survive
Date
02- 152
Dated and executed by the City as of
ATTEST:
Sylvia Scheider, City Clerk
Manager
APPROVED AS TO INSURANCE
REQUIREMENTS:
In
Sue Weller
Acting Director
Risk Management Administrator
•
2002.
CITY OF MIAMI,
a Municipal Corporation of the
State of Florida
Carlos A. Gimenez,City
APPROVED AS TO FORM AND
CORRECTNESS:
Alejandro Vilarello
City Attorney
13 ®�
152
EXHIBIT "A"
LEGAI, DESCRIPTION
FROW HOMESTEAD PB B-106
LOT B BLK 26
LOT SIZE IRREGULAR
OR 12186-3107 0684 2
FOLIO NO. 01-4121-007-4300
LEGAL ADDRESS: 3692 GRAND AVENUE
PROPERTY ADDRESS: 3692 GRAND AVENUE
OWNER NAME AND ADDRESS:
GROVITES UNITED TO SURVIVE
I1101 SW 154 STREET
MIAMI, FL
14
02- 1,52
CITY OF MIAMI, FLORIDA *CA=1 I
INTER -OFFICE MEMORANDUM
Honorable Mayor and Members JAN 9 2`2
TO: Of the City Commission DATE: Resolution AAorizing FILE:
Car os A. Gimenez
FROM: City Manager
RECOMMENDATION
the Manager to Execute
suB,IECT: a Lease Agreement
with Grovites United
to Survive ("Lessor")
REFERENCES:
February 14, 2002
ENCLOSURES: Commission Agenda
The administration recommends that the Miami City Commission adopt the attached
Resolution, authorizing the City Manager to execute a Lease Agreement, in substantially
the attached form (the "Agreement"), between the City of Miami and Grovites United to
Survive (the "Lessor") for the use of 1,500 square feet of office space at 3692 B Grand
Avenue, Miami, Florida (the ".Area"). The Agreement is for the purpose of providing
office space for the S.W. Grove Net Office. The Agreement will be for a period of two
(2) years and the City will pay a monthly fee of $1,300.00 plus Florida Sales Tax, if
applicable.
BACKGROUND
The S.W. Grove Net Office needs to relocate its office due to a lack of space for the
scope of its operation. Grovites United to Survive, a not-for-profit corporation, has
available for lease 1,500 square feet of office space located within City of Miami limits
specifically in Coconut Grove. The space configuration conforms to the needs of the
S.W. Grove Net Office. The only tenant improvement needed is the construction of one
(1) handicap accessible bathroom with an estimated cost up to $12,957.69. The City of
Miami, at its sole cost, will be responsible for the construction of the bathroom.
The S,W. Grove Net Office is waiting for the completion of construction of its permanent
office in Virrick Park, which is estimated to be completed by early 2004.
Highlights of the Agreement are as follows:
Lessee:
Lessor:
Effective Date:
Term:
Use Area:
Monthly Fee:
Security Deposit:
Right to Terminate:
City of Miami
Grovites United to Survive
Possession Date
Two (2) years
1,500 sf at 3692 B Grand Avenue, Miami, FL
Total monthly fee of $1,300.00 ($10.40 psf)
None
Lessee may terminate with or without cause upon providing
60 days notice
42- 152
Page Two
Utilities:
Maintenance and
Repairs:
Rental Increase:
Option Period:
Use:
CAGt8 B:pgf
s
i
Paid by Lessee
First $2,000.00 paid by Lessee
None
None
Office space and/or other such related functions
Cover Memo for RESO
ik
02-- 152