HomeMy WebLinkAboutR-02-0958J-02-795
9/10/02
RESOLUTION NO. 02- 958
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, WITH GROVITES UNITED TO SURVIVE, INC.
(GUTS), FOR USE BY THE CITY OF PROPERTY,
WITH IMPROVEMENTS, INCLUDING A BUILDING
CONTAINING APPROXIMATELY 3,197 SQUARE FEET,
LOCATED AT 3686 GRAND AVENUE, MIAMI,
FLORIDA, FOR USE AS A RECREATIONAL FACILITY,
FOR A PERIOD OF ONE (1) YEAR, COMMENCING
OCTOBER 1, 2002, AND EXPIRING SEPTEMBER 30,
2003, WITH THE OPTION TO RENEW FOR THREE (3)
ADDITIONAL ONE (1) YEAR PERIODS, AT AN
INITIAL MONTHLY RENT OF $960.95 WITH TERMS
AND CONDITIONS SET FORTH IN THE AGREEMENT;
ALLOCATING FUNDS FROM THE LAW ENFORCEMENT
TRUST FUND, PROJECT NO. 690001, SUCH
EXPENDITURES HAVING BEEN CERTIFIED BY THE
CHIEF OF POLICE AS COMPLYING WITH FLORIDA
STATUTE, SECTION 932.7055, AS AMENDED.
WHEREAS, on September 9, 1998, the City of Miami and
Grovites United to Survive (GUTS) entered into a Lease Agreement
for the property located at 3686 Grand Avenue, Miami, Florida,
to be used by the City for the operation of a recreational
facility to train, coach and teach the youth of Coconut Grove
the sport of boxing; and
CITY COMMISSION
MEETING OF
SEP 1 1 2002
Resolution No.
02- 958
WHEREAS, said Lease Agreement expires September 30, 2002,
however, the City wishes to continue to operate the boxing
program at this facility; and
WHEREAS, GUTS wishes to enter into a new Lease Agreement
with the City of Miami for the City's continued use of the
facility for a period of one (1) year, commencing October 1,
2002, and expiring September 30, 2003, with the option to renew
for three (3) additional one-year periods; and
WHEREAS, funds are available from the Law Enforcement Trust
Fund, Project No. 690001;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE
CITY OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the
Preamble to this Resolution are adopted by reference and
incorporated as if fully set forth in this Section.
Section 2.
The City Manager
is authorized'I
to
execute a
Lease Agreement
("Agreement"), in
substantially
the
attached
form, with Grovites United to Survive, Inc. ("GUTS"), for use by
the City of the property, with improvements, including a
building containing approximately 3,197 square feet, located at
3686 Grand Avenue, Miami, Florida, as a recreational facility,
for a period of one (1) year, commencing October 1, 2002, and
`- 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.
Page 2 of 3 02- 958
expiring September 30, 2003, with the option to renew for three
(3) one year periods, at an initial monthly rent of $960.95,
with terms and conditions set forth in the Agreement, with funds
allocated from the Law Enforcement Trust Fund, Project No.
690001, such expenditures having been certified by the Chief of
Police as complying with Florida Statute, Section 932.7005, as
amended.
Section 3. This Resolution shall become effective
immediately upon its adoption and signature of the Mayor.2/
PASSED AND ADOPTED this 11th
ATTEST:
PRISCILLA A. 'T'HOMPSON, gITY CLERK
APPROVED FORM ORRECTNESSt
RLEJEWWRO VILARELLO
CITYXTTORNEY
545:BSS
day of Se
e4 2002.
P /i
If the Mayor does not sign this Resolution, it shall become
effective at the end of ten calendar days from the date it was
passed and adopted. If the Mayor vetoes this Resolution, it
shall become effective immediately upon override of the veto by
the City Commission.
Page 3 of 3
02- 958
LEASE AGREEMENT
This Lease Agreement (the "Lease Agreement" or "Lease") is made and entered into at Miami,
Dade County, Florida, the day of '2002, by and between Grovites United
to Survive, Inc., a Florida Corporation hereinafter called, "Lessor", and the City of Miami, a
municipal corporation of the State of Florida, hereinafter called "Lessee", the terms "Lessor" and
"Lessee" being intended to include the successors and assigns of the original parties and the
heir$, legal representatives, successors and assigns of the respective persons who from time to
time are lessor and lessee, wherever the context of this Lease so requires or admits.
Witnesseth
That the Lessor, for and in consideration of the rents herein reserved to be paid by the Lessee, for
and in consideration of the covenants to be kept and performed by the Lessee does hereby lease,
let and demise unto the Lessee, the property with improvements, including a building containing
approximately 3,197 s.f., located at 3686 Grand Avenue, Miami, Florida legally described as Lot
A of FROW HOMESTEAD, as recorded in Plat Book B, Page 106 of the Public Records of
Dade County, Florida (the "Premises").
1. ACCEPTANCE OF DEMISE BY LESSEE:
The Lessee, in consideration of the demise of said Premises by the Lessor, and for the
further considerations herein set out, has rented, leased and hired, and does hereby rent,
lease and hire the said Premises from the Lessor, on the terms and conditions hereinafter
stated.
2. DURATION OF TERM:
The Lease Term and duration of this Lease shall be for a period of One (1) year (the
"Lease Term" or Term"), commencing October 1, 2002 (the "Commencement Date")
and terminating on September 30, 2003.
3. AMOUNT OF RENT AND MANNER OF PAYMENT:
A) The Lessee shall pay unto the Lessor for the Term of this Lease the total amount of
$960.95/month (the "Rent"). The term "Rent" more sp,.cifically refers to all rent due
to Lessor by Lessee inclusive of base rent, property insurance, real estate taxes,
maintenance, repairs, administrative fees, and all other expenses related to the rental
of the Premises, with the exclusion of janitorial services.
B) The monthly rent shall be payable, in advance, on the first day of each month,
without notice.
C) Payments are to be made payable to:
02- 958
Grovites United to Survive
3571 Grand Avenue
Miami, FL 33133
4. OPTION TO EXTEND:
A) Provided no default then exists, or if a default does exist, Lessee has received Notice
of such default as provided herein, has commenced the curing of said default and
thereafter is diligently prosecuting such cure to completion, Lessee is hereby granted
options to renew this Lease for three (3) successive terms of one year each, upon the
same terms and conditions set forth in this Lease, except Rent which shall be
adjusted as provided below. Said options to be exercised by the City Manager on
behalf of Lessee by giving Lessor no less than six (6) months notice prior to the
expiration of the then current Lease term to extend the term of this Lease. Upon the
Lessee exercising its option, the Lease Term shall be deemed to include the option
period.
B) Lessee agrees that, as provided for below, the Rent for the option periods shall be
increased on the I" day of each lease year (hereinafter "Anniversary Date"), by any
increase during the prior year in the index known as the "Consumer Price Index, All
Urban Consumers, All Items, Miami - Ft. Lauderdale, Florida, Base Year 1982-
84=100" (hereinafter the "CPP'). Said adjustment shall be hereinafter referred to as
the "CPI Escalation".
The CPI Escalation shall be equal to Rent in effect on the Commencement Date plus
the product of that Rent multiplied by the "CPI Percentage" (as defined below).
The CPI Percentage shall equal the fraction (i) whose numerator equals (a) the
monthly Index published two months prior to the Anniversary Date (or the nearest
reported previous month), minus (b) the monthly Index published two months prior
to the Anniversary Date of the preceding twelve months (or the nearest reported
previous month) and (ii) whose denominator is the same monthly Index as (b) above.
If the Index is discontinued with no successor Index, Lessor and Lessee shall select a
comparable index.
5. 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 requested or 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
92- 958
the Term of this Lease, notwithstanding any such mortgage or mortgages, provided that
the Lessee shall comply with and perform its obligations hereunder.
6. USE:
A) The Lessee shall use and occupy the Premises for the purpose of providing a
recreational facility. It is, however, agreed that 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.
B) That Lessee will not occupy or use said Premises, nor permit the same to be occupied
or used for any business which is unlawful. That it will comply with all lawful
requirements of the Board of Health, 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.
7. CONDITION OF PREMISES AT TERMINATION:
Upon the expiration or earlier termination of the Lease, Lessee will quit and surrender
the Premises in a good and substantial state of repair, reasonable wear and tear excepted.
S. HOLD OVER:
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. All
provisions of this lease applicable to such tenancy shall remain in full force and effect.
9. REPAIRS:
A) The Lessor, at its sole cost, will keep the Premises and the improvements placed
therein in a good state of repair, and it will be responsible for all repairs including,
but not limited to, the painting, maintenance and repairs to the interior of the
Premises including all windows, doors and openings, all electrical, light bulbs and
ballasts, plumbing, fixtures and other systems installed within the Premises.
However, any repairs necessitated by the negligence or willful misconduct of Lessee
or Lessee's agent, or repairs necessitated for above normal wear and tear will be
repaired by Lessor and the Lessor shall have the right to recoup the cost of such
repairs by showing Lessee evidence of the Lessee's negligence or willful misconduct
or above normal wear and tear. It is further intended that the Lessor, at its sole cost,
02- 958
will maintain the Premises including, but not limited to, the exterior masonry of the
Premises, existing rough plumbing, electrical service, structure and the roof.
B) 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 he 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.
10. UTILITIES:
Lessee shall pay for all water, gas, electricity, telephone and other utilities serving the
Premises.
11. COVENANTS OF THE LESSEE:
A) The Lessee hereby covenants and agrees with the Lessor as follows:
1) That the Lessee takes all risk of any damage to Lessee's property that may 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 from
any cause whatsoever, including loss or damage as a result of thefts, except
for losses or damages caused by the Lessor's negligence.
2) The Lessee is tax exempt, and shall provide upon request a copy of such
exemption certificate to the Lessor.
B) The Lessee shall pay for all janitorial services and supplies for the Premises.
12. 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 frill right to lease the same for the term aforesaid.
B) That Lessor allows Lessee to continue in possession of the Premises on the
Commencement 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.
02- 958
D) Lessor shall pay, prior to delinquency, real estate taxes and assessments which may
be levied or assessed upon the Premises improvements subsequent to the
Commencement Date.
E) The Lessor further covenants that Lessor will keep the Premises, interior and exterior,
in good repair.
13. 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 ten (10) days Notice to Lessor in the event that
enjoyment or use of the Premises is prohibited contrary to the previous provisions.
14. LESSOR'S INSURANCE:
That the Lessor will, during the Lease Term, and any extensions thereof, and at its own
expense, carry fire and extended coverage insurance on the completed real estate
improvements of the Premises to the full insurable value.
15. LESSEE'S INSURANCE:
Lessor acknowledges that Lessee is self-insured for general liability, and that a
certificate of insurance cannot be issued nor can the Lessor be named as additional
insured. Lessee agrees to defend all claims brought against the Lessee due to the
Lessee's use of the Premises: provided, however, that such defense shall be subject to the
immunities and limitations included within Florida Statutes Section 768.28.
16. INDEMNIFICATION:
Lessor agrees to indemnify, defend and hold harmless Lessee, its subtenants and
assignees, from and against any and all debts, liens, claims, causes of action,
administrative orders and notices, costs (including, without limitation, response and/or
remedial costs), personal injuries, losses, damages, liabilities, demands, interest, fines,
penalties and expense -7, including reasonable attorney's fees and expenses, consultants'
fee-, and expenses, coup costs and all other out of pocket expenses, suffered or incurred
by Lessee or its subtenants and assignees as a result of:
A) the breach of any of the representation and warranties set forth herein; and
B) any occurrence, matter, condition, act or omission involving Environmental Laws or
Hazardous Materials which existed on or arose prior to Lessee's occupancy and
which failed to comply with the Environmental Laws in effect as of that date or any
existing common law theory based on nuisance or strict liability in existence as of
that date, regardless of whether or not Lessor liad knowledge of same as of that date.
02- 958
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.
17. ADDITIONAL MUTUAL COVENANTS:
The following stipulations and agreements are expressly understood by both the Lessor
and the Lessee and they do hereby agree to abide by them:
A) That 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 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 60% of the Premises usable for
Lessee's purposes, and rendering the Premises unfit for occupancy, the Lessor and
Lessee shall both have the option of terminating this lease within thirty (30) days
from the date of the casualty by providing Notice to the other party. 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 the Premises are rendered untenantable, 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.
C) 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 cunditioning 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 identification 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 to install telecommunication services and equipment. The Lessee shall not
remove any fixtures, equipment, or additions which are normally considered to
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, etc.
02- 958
18.
E) Each party represents and warrants that it dealt with no broker in connection with
this transaction and agrees to indemnify the other party 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 said party (including, without limitation,
the reasonable counsel fees in connection therewith).
PROVISIONS OF DEFAULT:
A) By Lessee: If the Lessee defaults in any rent payment required by this Lease and
such default continues for thirty (30) days after receipt of Notice thereof by the
Lessee, or if the Lessee defaults in any of its other covenants, and within a period of
forty-five (45) days after receipt of Notice specifying such 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. In the event of such
termination, the Lessee is responsible for the payment of rental installments accrued
and unpaid to the date of termination. Thereafter, Lessee shall have no further
obligations to make rental payments hereunder.
B) By Lessor: Should the Lessor default in the payment of any obligation under any
mortgage, deed of trust, judgment, assessment, tax or other encumbrance affecting
the Premises, or fail to perform any obligation specified under this Lease, Lessee
shall have the right but shall not be obligated to pay or discharge any such
obligation. Should Lessee elect to pay or discharge any such obligation, Lessor
shall, within ten (10) calendar days from the date of Lessee's written demand,
reimburse Lessee in the full amount thereof together with Lessee's expense incurred
in connection therewith, including but not limited to reasonable attorney's fees and
interest from the date of Lessee's disbursement. In the event Lessor fails to
reimburse the monies and costs expended by and accrued for Lessee, Lessee shall
have the right to deduct from rent(s) thereafter due and payable under this Lease all
amounts that have been so paid by, or accruing for Lessee.
Notwithstanding anything set forth within this Lease, in the event of Lessor's
default, Lessee 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.
19. NOTICES:
All notices which may be given pursuant to this Lease shall be in writing and shall be
given by certified mail, return receipt requested, hand delivery, or courier, ("Notice")
addressed to the parties at their respective addresses indicated below or as the same may
be changed in writing from time to time:
Notice to Lessor: Notice to Lessee:
President City of Miami
Grovites United to Survive City Manager
VJ
2- 95-8
20.
21.
22.
3571 Grand Avenue
Miami, FL 33133
444 SW 2 Avenue, IOd' Floor
Miami, FL 33130
and a copy to .
City of Miami
Office of Asset Management
444 SW 2 Avenue, 3`d Floor
Miami, FL 33130
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.
LESSEE'S RIGHT TO TERMINATE:
Separate and apart from all other rights granted to Lessee to terminate this Lease, the
Lessee shall have the right at any time to terminate this Lease by giving the Lessor at
least ninety (90) days Notice. Upon any such termination, this Lease shall terminate as
though the termination were the date originally fixed as the end of the term.
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.
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 (els defined below).
92-- 958
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.
23. RADON:
Radon is a naturally occurring radioactive gas that, when it has accumulated in a building
in sufficient quantities, may present health risks to persons who are exposed to it over time.
Levels of Radon that exceed Federal and State guidelines have been found in buildings in
Florida. Additional information regarding Radon and Radon testing may be obtained from your
county public health unit.
24. MISCELLANEOUS:
A) This Lease may be amended, modified and changed only by written instrument
signed by the City Manager and the Lessor.
A) 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 enforceable, then such
portion shall be deemed to be severable from this Lease and shall not affect the
remainder thereof.
9 02- 958
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 to be
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 then 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.
G) Lessor represents that the Premises are not currently 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 hereby grants Lessee an easement for ingress/egress, access, parking and for
driveway purpose, for the Premises.
I) Lessor hereby represents and warrants to Lessee that the drinking water at the
Premises is available and is safe, 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 evidence
anything the to contrary, Lessor shall immediately rectify the situation by employing
a pest extermination contractor, at Lessor's sole cost and expense, at such reasonable
intervals as to keep the Premises free from such pests.
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 ;got be construed in favor of or against
10
02- 958
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.
Lessor:
Witness:
President, Grovites United to Survive, Inc.
(as to Lessor) Date
ATTEST: CITY OF MIAMI,
a Municipal Corporation of the
State of Florida
0
rnscina tv. i nompson, t,uy %-ierK
APPROVED AS TO INSURANCE
REQUIREMENTS:
Sue Weller, Acting Administrator
Risk Management
11
�0
Carlos A. Gimenez
City Manager
APPROVED AS TO FORM AND
CORRECTNESS:
Alejandro Vilarello
City Attorney
02- 958
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO: The Honorable Mayor and
Members of the City Commission
RECOMMENDATION:
CA -12
DATE: AJG ._ I 2502
SUBJECT: Lease Agreement with
Grovites United to Survive
REFERENCES:
City Commission Agenda
ENCLOSURES: September 11, 2002
FILE:
It is respectfully requested that the City Commission adopt the attached Resolution
authorizing the City Manager to execute a Lease Agreement, in substantially the attached
form, with Grovites United to Survive, for the City's use of the property located at 3686
Grand Avenue, Miami, Florida, as a recreational facility, for the operation of the boxing
program. The term of the lease agreement is for one (1) year with an initial monthly rent
of $960.25, with the option to extend said lease for three (3) successive one (1) year
periods, with funds allocated from the Lav Enforcement Trust Fund, Project No. 690001,
such expenditures having been approved by the Chief of Police.
BACKGROUND:
The City entered into a Lease Agreement with Grovites United to Survive on September
9, 1998 for the use of the premises located at 3686 Grand Avenue, to operate a
recreational facility to train, coach and teach the youth of Coconut Grove the sport of
boxing. The initial term of the lease was for one (1) year with the option to extend the
lease for three (3) successive one (1) year periods with an initial monthly rent of $887.29.
The additional renewal options provided that the rent shall be increased at the beginning
of each lease year by any increase during the prior year in the Consumer Price Index.
According to the terms of the lease, the City Manager exercised the additional three one-
year options, which will expire on September 30, 2002. The City is desirous of
continuing to operate the boxing program at this facility.
Financial Impact: The Chief of Police has confirmed that funds have been allocated
from the Law Enforcement Trust Fund, Project No. 690001, for the funding of the
program; therefore, there is no financial impact to the general fund of the City.
02- 958
The Honorable Mayor and
Members of the City Commission
Page 2
Highlights of the Lease Agreement:
Lease Property: Building containing 3,197 square feet, located at 3686
Grand Avenue, Miami, FL
Lease Term: One (1) year commencing on October 1, 2002 and expiring
on September 30, 2003.
Option to extend: Three (3) successive one (1) year periods upon mutual
consent of the parties.
Rent: $960.95/mo. ($3.60 psf). Rent for the option periods shall
be increased at the beginning of each lease year by any
increase during the prior year in the Consumer Price Index.
Utilities: The City will pay for water, gas, electricity, telephone and
other utilities serving the premises.
Maintenance: GUTS will keep the premises and improvements in a good
state of repair, and will be responsible for all repairs,
including painting, maintenance and repairs to the interior
of the property including windows, doors, openings,
electrical, light bulbs & ballasts, plumbing and fixtures.
GUTS is also responsible to maintain the exterior of the
property including but not limited to, exterior masonry and
the roof.
Cancellation: The City has the right to terminate this agreement, without
cause, by giving GUTS at least ninety (90) days notice.
CAG/DBILIM/eb:CCmemo resolution GUTS Lease
02- SNS
TO Raul Martinez, Chief
Police Department
R.I*aiberry,
FROM: Office of Asset
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM _
_g
:11161 of Police
Mlaml, Fla
.1UL 312002
RECEIVED
July 31, 2002 r' `- - j ` FILE
Lease AgreenfieiitiACI#ovites -::
United to Survive, Inc. (GUTS)
ENCLOSURES:
According to the Lease Agreement, dated September 8, 1998, between the City of Miami and
Grovites United to Survive, Inc. (GUTS), the initial term will expire on September 30, 2002.
Based upon your memorandum dated May 13, 2002 you have expressed interest in continuing the
boxing program and have instructed this office to negotiate the new terms for the lease with
GUTS.
GUTS has agreed to enter into a one-year lease agreement with the option to extend the
agreement for three (3) successive one (1) year periods. In order to request City Commission
approval to execute the new lease agreement, please provide this department with the following
budgetary information. In accordance with the proposed lease agreement, the initial monthly rent
is $960.95 ($11,531.40/yr). `=
Please provide the following information:
Budgetary Information:
Total Dollar Amount: $11,531.40/yr
Source of Funds: Law Enforcement Trust
Account Code(s): 690001.29101 6 00`
Date: q S'd Z
budgetary Approval: meg. Date: d2
WZ-
LB:PK:eb:G[TtS Budget
Department of Management
and Budget
k "CEIVED
AUG 19 2002
LEGISLATHON C -'T .,
02. 958
V01WIT\ifs
STATE OF FLORIDA:
: SS
COUNTY OF DADE :
Before me this day personally appeared Raul Martinez who being duly sworn, deposes
and says that:
I, Raul Martinez, Chief of Police, City of -Miami, do hereby certify that this request for
expenditure from the City of Miami Law Enforcement Trust Fund, for a contribution to the
Grovites United to Survive, Inc. (GUTS), in an amount not to exceed $11,531.40 complies
with the provisions of Florida State Statutes, Chapter 9
Subscribed and sworn to before me this.. !1
by Raul Martinez, who is personally known to me.
as amended.
f of Police /
of Miami Police Department
1
y of 2, L , 2002,
OTARY PUBLIC
STATE OF FLORIDA '
AT LARGE Psroz
* * w commission CCMV6
Ey yes Seplemba 20.2001
02— 958
1
2.
Budgetary Impact Analysis
Department POLICE
Agenda Item # (if available).
Division
3. Title and brief description of legislation or attach ordinance/resolution:
A Resolution authorizing the City Manager to execute a Lease Agreement with Grovites
United to Survive, for the City's use of the Property located at 3686 Grand Avenue as a
recreational facility, for the operation of the boxing program The term of the lease is
for one (1) year with an initial monthly rent of $960.25, with the option to extend said
lease for three (3) successive one
4. Is this item related to revenue? NO: X YES (If yes, skip to item #7.)
5. Are there sufficient funds in Line Item?
YES: Index Code Minor Obj. Code Amount $11.531.40/yr
NO: _ Complete the following questions:
OTHER: Law Enforcement Trust Fund, Project No. 690001
6. Source of funds: Amount budgeted in the Line Item $
Balance in Line Item $
Amount needed in the Line Item $
Sufficient fundG will he tranRfPrrPd frnm tha fnllnwinv line itaTnc-
7
ACTION ACCOUNT NUMBER ACCOUNT NAME
TOTAL
Index/Minor Object/Project No.
From
$
From
$
From
$
To
$
Any additional comments?
8. Approvfi!��
—��a
Departme Director/Designee Date
TMENT OF MANAGEMENT AND BUDGET USE ONLY
Verified Verified py; Transfer done by:
i _.
and ^dget I Budget Analyst
DateT �0e11 Date 8
Budget Analyst
Date
02- 958