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HomeMy WebLinkAboutR-02-0943J-02-560 6/14/02 RESOLUTION NO. 02- 943 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING AMENDMENT NO. 2 TO THE SUBLEASE BETWEEN BETTER WAY OF MIAMI, INC. ( "BETTER WAY") AND GREATER MIAMI SERVICE CORPS ("GMSC"), IN SUBSTANTIALLY THE ATTACHED FORM, TO PROVIDE FOR THE INSTALLATION OF SEPARATE ELECTRICAL POWER SERVICE AND METER FOR GMSC THAN THAT OF BETTER WAY AT THE PREMISES LOCATED AT 810 NORTHWEST 28TH STREET, MIAMI, FLORIDA, WITH ADDITIONAL TERMS AND CONDITIONS AS MORE PARTICULARLY SET FORTH IN SAID AGREEMENT. WHEREAS, the City of Miami ("City") entered into a Lease Agreement with Better Way of Miami, Inc. ("Better Way") on May 1, 1992 for the use of Beckham Hall located at 800, 810, 820 Northwest 28th Street, Miami, Florida, for a homeless program; and WHEREAS, Better Way entered into a Sublease Agreement with Greater Miami Service Corps ("GMSC") for the use of 810 Northwest 28th Street on May 1, 1992, to provide social services programs for the low to moderate income individuals; and CM Co 2 2 2002 h,E; su<ution No. 02- 943 WHEREAS, the City Commission approved the Sublease with GMSC on April 14, 1994; and WHEREAS, the purpose of this resolution is to amend the Sublease Agreement providing for separate electrical power to 810 N.W. 8 Street; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings set forth in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. Amendment No. 2 to the Sublease between Better Way Of Miami, Inc. ("Better Way") and Greater Miami Service Corps ("GMSC"), in substantially the attached form, to provide for the installation of separate electrical power service and meter for GMSC than that of Better Way at the premises located at 810 Northwest 28th street, Miami, Florida, with additional terms and conditions as more particularly set forth in said Agreement, is approved. Page 2 of 3 02- 943 Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.-'/ PASSED AND ADOPTED this ATTEST: PRISCILLA A. THOMPS CITY CLERK �ANDRO VI -L CITY ATTORNEY W6285:tr:LB LLO 22nd day of August 2002. MANUEL A. DIAZ, MAY02000 AND CORRECTNESS-.Ikl �i If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. - Page 3 of 3 02— 943 AMENDMENT NO.2 TO SUBLEASE BETWEEN BETTER WAY OF MIAMI, INC. AND GREATER MIAMI SERVICE CORPS THIS AGREEMENT made this —day of by and between BETTER WAY OF MIAMI, INC., a Florida non-profit corporation, (hereinafter called "BETTER WAY"), and GREATER MIAMI SERVICE CORPS, a Florida non-profit corporation, (hereinafter called "GMSC"). WITNESSETH: WHEREAS, BETTER WAY entered into a "Sublease Agreement" commencing on May 1, 1992 with GMSC for that certain property at 810 NW 28 Street, Miami, Florida; and WHEREAS. the "Sublease Agreement", Article 26, Amendments, requires the City Manager to agree to any amendments of the "Sublease Agreement"; and WHEREAS, all parties are desirous of amending said "Sublease Agreement", NOW, THEREFORE, in consideration of the restrictions and covenants herein contained, it is agreed that the said "Sublease Agreement" is hereby amended as follows: 1. Effective upon execution by all parties, Article 12, Utilities, shall be deleted and substituted by the following: It has been agreed by all parties that a separate electrical service and meter shall be installed by BETTER WAY to provide electricity to the GMSC (#810 building). BETTER WAY will be paid, by GMSC, a total amount of $15,500 for this work. ' Amendme . Payment to be made at the completion of work. Until the installation of a separate electrical service and meter for electricity is accomplished by BETTER WAY, GMSC agrees to continue to pay BETTER WAY for 500 KWH/Mo. of electricity. After installation of a separate electrical service and meter, the utilities used by GMSC at the premises shall be billed directly by the utility company to GMSC. GMSC shall pay all charges for electricity, telephone, janitorial, custodial, and extermination services, trash and garbage removal, water and sewer (Meter No. 18455424), and gas rendered or supplied upon or in connection with the premises, including the cost of installation and maintenance of any lines and equipment necessary. 02- 943 Better Way of Miami, Inc. is the only entity permitted to hire the contractors that arc going to do the electrical work as stated by this Amendment. Said Contractors must carry General Liability Insurance as well as Property Insurance in the limits of $1,000,000 and name the City of Miami as additionally insured. Certificate of Insurance must be presented to the City, attention Asset Management Department, prior to the commencement of the construction work. In all other respects, the said "Sublease Agreement" shall remain in full force and effect in accordance with the terms and conditions specified therein. IN WITNESS WHEREOF, BETTER WAY, GMSC, and the City of Miami have caused this Amendment to be executed by their respective and duly authorized officers the day and year first above written. OiziE //IdE4 P/10 Print Name )it&z.---c, Print Title ATTEST: -1j, �� p V 1 d c-,Eij Print Name �4PMI,J. 0rGI et,Q Print Title BETTER WAY OF ,INC. BY: Print Name �X� _ Ale - Print Title GREATER NIIAW SERVICE CORPS Print Name Print Title 02- 943 Pursuant to Section 26 of the SubLease Agreement and dated May 1, 1992 between Better Way of Miami, Inc. and Greater Miami Service Corps., the City of Miami hereby consents to the foregoing Amendment to SubLease. Nothing contained herein shall be deemed to amend any provision of the Lease Agreement nor to waive any of Better Way of Miami's, Inc. obligations thereunder. ATTEST: BY: Pricilla A. Thompson City Clerk APPROVED AS TO FORM AND CORRECTNESS: BY: Alejandro Vilarello City Attorney CITY OF MIAMI, A MINICIPAL CORPORATION OF THE STATE OF FLORIDA BY: Carlos A. Gimenez City Manager APPROVED AS TO INSURANCE REQUIREMENTS: BY: R. Sue Weller, Acting Director Risk Managemerrt--Administrator a2-- 943 TO FROINA CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM Honorable Mayor and Members of the City Commission Carlos A. Gimenez City Manager RECOMMENDATION JA -E SUSjEC-, REFERENCES ENCLOSURES: 24 JUti i 8 23,02 An Amendment to the Sublease between Better Way and Greater Miami Service Corps FILE : The administration recommends that the Miami City Commission adopt the attached Resolution, consenting to an Amendment to the Sublease Agreement between Better Way of Miami, Inc. ("Better Way") and Greater Miami Service Corps ("GMSC"), in substantially the attached form (the "Amendment"), for the purpose of providing independent electrical service for 810 N.W. 28 Street. BACKGROUND The City and Better Way entered into a Lease Agreement on May 1", 1992 for the use of City property known as Beckham Hall located at 800, 810, 820 N.W. 280' Street to be used as a homeless shelter and program. Better Way and GMSC entered into a Sublease Agreement for the use of 810 N.W. 281' Street on May 1St, 1992 in order to provide social services programs for the low to moderate -income persons. The City Commission approved this Sublease on April 14d, 1994. Better Way has determined that it is in their best interest to have separate electrical service from GMSC (810 N.W. 28 Street). GMSC is in agreement with Better Way on this issue. Better Way would be in charge of the construction work to separate the electrical power leaving 810 N.W. 28 Street separately metered. GMSC would pay for the costs of construction. In the meantime, Better Way bills GMSC on a monthly basis for the use of electrical power. Financial Impact There is no financial impact. . 0 CAG!DB;Mb'pgf Cover Memo for RESo Amendment Eleotrical_GMSC 02- 943