HomeMy WebLinkAboutR-98-04985/19/98
J-98- 575
RESOLUTION NO. 9 8- 498
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE A LEASE AGREEMENT ("AGREEMENT'), IN
SUBSTANTIALLY THE ATTACHED FORM, WITH LUBIN'S
DEVELOPMENT CORPORATION, FOR USE BY THE CITY
OF APPROXIMATELY 1,750 SQUARE FEET OF OFFICE
SPACE AND TWENTY-FIVE (25) PARKING SPACES,
LOCATED AT 7815 NORTHEAST 2ND AVENUE, MIAMI,
FLORIDA, FOR THE LITTLE HAITI NET SERVICE
CENTER; PROVIDING THAT THE USE OF SAID OFFICE
SPACE SHALL BE AT RENTAL RATE OF $5.98 S.F.
($872.08/MONTH) AND FOR A TERM OF FIVE (5) YEARS;
AUTHORIZING THE CITY MANAGER TO RENEW THE
LEASE FOR FIVE SUCCESSIVE ONE YEAR TERMS,
SUBJECT TO THE SAME TERMS AND CONDITIONS AND
THE AVAILABILITY OF FUNDS; WITH TERMS AND
CONDITIONS AS MORE PARTICULARLY SET FORTH IN
THE AGREEMENT.
WHEREAS, the City of Miami Little Haiti NET Service Center has been occupying
a small office located at 69 NE 62nd Street, Miami, Florida; and
WHEREAS, due to the limited office space at 69 NE 62nd Street, the Little Haiti
NET Police Lieutenant has had to work from the Police North Substation; and
WHEREAS, the Little Haiti NET Service Center staff have been searching several
months for a new location to relocate their offices, and
WHEREAS, Lubin's Development Corporation has offered to provide approximately
1,750 square feet of office space and twenty-five (25) parking spaces, located at 7815 NE 2nd
Avenue, Miami, Florida, for the City of Miami Little Haiti NET Service Center, for a term
of five (5) years with the option to renew the lease for five (5) s
at a rental rate of $5.98 s.f. ($872.
ATTACHMENT (S) MAY 2 6 1998
Resolution No.
CONTAINED 98 - 498
WHEREAS, Lubin's Development Corporation is responsible for providing tenant
improvements necessary for occupancy by the City, in accordance with all State, County
and City code requirements; and
WHEREAS, the City of Miami Little Haiti NET Service Center will be responsible
for the utilities consumed at the property by the City and janitorial services for its area;
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 hereby adopted by reference thereto and incorporated herein as if fully set forth in this
Section.
Section 2. The City Manager is hereby authorized' to execute a Lease Agreement,
in substantially the attached form, with Lubin's Development Corporation, for the use of
approximately 1,750 square feet of office space and twenty-five (25) parking spaces, located
at 7815 NE 2nd Avenue, Miami, Florida, for the City of Miami Little Haiti NET Service
Center; said Lease Agreement is for a term of five (5) years, at a rental rate of $5.98 s.f.
($872.08/month), and with terms and conditions as more particularly set forth in the Lease
Agreement.
Section 3. The City Manager is hereby authorized to renew this lease for five (5)
successive one (1) year terms, subject to the same terms and conditions and the availability
of funds.
Section 4. This Resolution shall become effective immediately upon its adoption.
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.
-2-
98- 498
PASSED AND ADOPTED this 2 6 th day of May , 1998.
JOE CAROLLO, MAYOR
ATTEST:
WALTER J. FOEMAN
CITY CLERK
PREPARED AND APPROVED BY:
JULIE O. BRU
ASSISTANT CITY ATTORNEY
In accordance with Miami Code Sec. 2-36, since the Mayor did not indicate approval of
this legislation by signing it in the designated place provided, said legislation nc'l
becomes effective with the elapse of ten (10) days from the date of Comrnissicn act;cn
regarding same, without the Mayor exercisi v o/..
Wafter eman, City Clerk
W12
98- 498
LEASE AGREEMENT
LUBIN'S DEVELOPMENT CORPORATION
(LESSOR)
CITY OF MIAMI
(LESSEE)
FOR THE USE OF A PORTION OF THE FOLLOWING
DESCRIBED PREMISES:
7815 NORTHEAST 2ND AVENUE
MIAMI, FLORIDA 33138
INDEX
1. The Demised Premises
1
2. Parking
1
3. Term of Agreement
2
4. Option to Extend
2
5. Rent
2
6. Condition of the Premises
3
7. Utilities
3
8. Maintenance and Repair
3
9. Signs
3
10. Destruction of the Premises
3
11. Loss or Damage to City's Property
3
12. Insurance
4
13. Surrender of Possession
4
14. Cancellation and Termination
4
15. Indemnification
4
16. Eminent Domain
5
17. Subordination
5
18. Assignment and Subletting
5
19. Successors and Assigns
5
20. Quiet Possession
5
21. Notices and General Conditions
6
22. Amendments
6
23. Waiver
7
24. Waiver of Jury Trial
7
25. Environmental Matters
7
26. Court Costs and Attorneys' Fees
7
27. Taxes
8
28. Holding Over
8
0 i
•
29. Radon Gas
30. Compliance with Laws
31. Approval by the Oversight Board
32. Entire Agreement
LEASE AGREEMENT
THIS LEASE AGREEMENT (the "Lease"), is made and entered into this
day of , 1998, by and among LUBIN'S DEVELOPMENT
CORPORATION, a Florida for profit corporation, whose address is 7816 NE 2nd
Avenue, Miami, Florida 33138 (the "Lessor"), and the CITY OF MIAMI, a municipal
corporation of the State of Florida, with its principal place of business at 444 SW 2nd
Avenue, Miami, Florida 33130 (the "Lessee").
WITNESSETH:
WHEREAS, the Lessor is the owner of a certain building located at 7815 NE 2nd
Avenue, Miami Florida (the "Building"); and
WHEREAS, on , 1998, the Miami City Commission passed
and adopted Resolution No. 98-_, authorizing the City Manager to execute a Lease
Agreement, in a form acceptable to the City Attorney, with Lubin's Development
Corporation, for the leasing of a building located at 7815 NE 2nd Avenue, Miami Florida, to
be occupied by the City of Miami Little Haiti NET Service Center. A copy of Resolution No.
98-_ is attached hereto as Exhibit A, and is made a part of this Lease.
NOW THEREFORE, in consideration of the covenants and agreements contained
herein, and for other good and valuable consideration, the sufficiency and adequacy of
which is hereby acknowledged, the parties hereto agree as follows:
1. The Demise Premises
The Lessor hereby grants to the Lessee and the Lessee hereby accepts from the
Lessor the exclusive use and occupancy of approximately 1,750 square feet of office space in
the Building, located at 7815 NE 2nd Avenue, Miami, Florida (the "Premises"). The location
of the Premises is depicted in Exhibit B, attached hereto and by reference made a part
hereof. Lessee will use and occupy the Premises for operation of the Little Haiti NET
Service Center.
2. Parking
Throughout the term of the Lease and any extension thereof, Lessor shall provide
Lessee with no less than twenty-five (25) reserved parking spaces in the Parking Lot, for
the sole use of Lessee, Lessee's employees, guests and invitees and those associated with
Lessee. The location of the Parking Lot is depicted in Exhibit B, attached hereto and by
reference made a part hereof.
•
3. Term of Agreement
The term of this Lease (the "Lease Term" or "Term") shall be for a period of Five (5)
years, commencing on the date the City Manager executes this Lease (the "Commencement
Date").
4. Option to Extend
Lessor grants to Lessee the option to renew this Lease for five (5) successive one (1)
year terms, upon the same terms and conditions set forth in this Lease. Lessee's City
Manager is authorized to exercise said options on behalf of the Lessee by Lessee giving
Lessor notice of its election to extend the term of this Lease no later than three (3) months
prior to the expiration of the then current term. Upon the Lessee exercising its option, the
Lease Term shall be deemed to include the option period.
5. Rent
A) The Lessee shall pay unto the Lessor for the Term of this Lease the total
annual Rent of five dollars and 98/100 ($5.98) per square foot (the "Rent"). The term "Rent"
more specifically refers to all rent due to Lessor by Lessee inclusive of base rent, insurance,
real estate taxes, maintenance, repairs, security, administrative fees, and all other
expenses related to the rental of the Premises and the Parking Lot, with the exclusion of
utilities and janitorial services. At the present square footage of 1,750 square feet, the
total monthly rental payment will be $872.08.
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 Lessor at the following address or such
other place as the Lessor may designate from time to time:
Michel Lubin
7816 NE 2 Avenue
Miami, FL 33138
D) In the event the Term of this Lease commences on a day other than the first
day of a calendar month, then upon the day of commencement of the Term hereof, Lessee
shall pay Lessor a pro rata portion of a full month's rent, determined by multiplying said
month's rent by that amount obtained by dividing the number of days from the date of
commencement to the first day of the next succeeding calendar month by the number of
days in the month in which the Term of this Lease commences.
6. Condition of the Premises
The Lessee hereby accepts the Premises in its present condition, except for latent,
hidden defects, and shall make, at the Lessee's sole cost and expense, necessary changes
including certain cabling necessary for phone system upgrades and installation of
computer equipment. Lessor shall, at Lessor's sole cost and expense, comply with all
applicable state, county and city laws, ordinances, regulations and standards pertaining to
the Premises and the occupancy thereof.
7. Utilities
Lessee shall pay any and all charges for utilities consumed at the Premises during
the Term of this Lease, including but not limited to, electricity, water, gas, telephone,
garbage and sewage disposal and extermination.
8. Maintenance and Repair
Lessee agrees to maintain the interior of the Premises in an attractive, clean and
sanitary condition during the Term of this Lease. Lessor shall, at Lessors' sole cost and
expense undertake all repairs and/or replacement of the exterior of the Premises,
including, but not limited to, painting, maintenance and all repairs to the roof, doors and
windows including glass. Lessor, at Lessor's sole cost and expense, shall repair and
maintain the plumbing, electrical and HVAC systems. The Lessor, at Lessor's sole cost
and expense, shall maintain the Premises at all times so as to conform to all applicable
health and safety laws, ordinances and codes which are presently in effect and which may
subsequently be enacted during the Term of the Lease. However, any repairs necessitated
solely by the negligence or willful misconduct of Lessee will be repaired by Lessee.
9. Si ns
The Lessee shall have the right to install signs on the Premises, for the purpose of
identifying the Premises as the City of Miami Little Haiti NET Service Center. The Lessee
shall remove said signs upon vacating the Premises.
10. Destruction of the Premises
In the event the Premises should be destroyed or so damaged by fire, windstorm or
other casualty to the extent that the Premises are rendered untenable or unfit for the
purpose of the Lessee, either party may cancel this Lease by giving written notice to the
other; provided, however, if neither party shall exercise the foregoing right of cancellation
within thirty (30) days after the date of such destruction or damage, the Lessor, at Lessors'
sole cost and expense, shall cause the Premises to be repaired and placed in habitable and
good condition as soon as practical.
11. Loss or Damage to City's Propertv
All personal property placed or moved into the Premises, shall be at the risk of
Lessee or the owner thereof. The Lessor shall not be liable to Lessee for any damage to
said personal property unless damage is caused by or due to negligent acts or omissions of
Lessor, their officials, agents or employees.
4ii �6
12. Insurance
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.
Lessor acknowledges that Lessee is self -insured with respect to general liability.
Lessee agrees to defend all claims brought against the Lessee due to the Lessee's use of the
Premises, to the extent and within the limitations set forth within Florida Statutes,
Section 768.28.
13. Surrender of Possession
Lessee agrees to surrender to Lessor at the end of the Term of this Lease, the
Premises in as good condition as Premises were at the beginning of the Term of this Lease,
ordinary wear and tear and damage excepted. It is understood and agreed between the
parties that the Lessee shall have the right to remove from the Premises all personal
property of the Lessee and all fixtures, machinery, equipment, appurtenances and
appliances placed or installed on the Premises by it, provided the Lessee restores the
Premises to as good a state of repair as they were prior to the removal.
14. Cancellation and Termination
In the event that during or after the Term, or extension thereto, Lessee fails to
perform or comply with any of the terms and conditions contained in this Lease within
sixty (60) days after receipt of written notice from the Lessor of such refusal or neglect,
Lessee shall be in default ("Default") hereunder and Lessor shall have the option to
terminate this Lease and all of Lessee's rights hereunder.
If any Default occurs, Landlord shall have the right after the expiration of the
applicable cure period, at the option of Landlord, to terminate this Lease upon providing
thirty (30) days written notice if the default has not been cured by the expiration of such
sixty (60) day period.
Lessee shall have the right to terminate this Lease, for any or no reason
whatsoever, upon giving the Lessor at least sixty (60) days prior written notice.
15. Indemnification
The Lessor does hereby agree to indemnify and hold harmless Lessee, its officers,
agents and employees, from any liability or claim arising out of the act, failure to act or
negligence of Lessor, its agents or employees.
4 98- 498
16. Eminent Domain
If the Premises, Parking Lot, or any part thereof or any estate therein, or any other
part of the Building materially affecting Lessee's use of the Premises, shall be taken by
eminent domain or condemned for any public or quasipublic use, the Lease shall terminate
on the date when title vests pursuant to such taking. Lessee shall not be entitled to any
part of the award for such taking or any payment in lieu thereof, but Lessee may file a
claim for any taking of fixtures and improvements owned by Lessee, and for moving
expenses.
If part of the Building but not any part of the Premises or if part of the Parking Lot
adjoining the Building be taken or appropriated by eminent domain or condemned for any
public or quasipublic use, and if Lessee shall reasonably determine that the continued
operation of the Premises for the Little Haiti NET Service Center is feasible, this Lease
shall remain in full force.
17. Subordination
This Lease is and shall be subordinated to all existing and future liens and
encumbrances against the Building. This subordination provision is subject to the express
condition that so long as the Lessee is not in default in the payment of Rent or any of the
other covenants and conditions of this Lease, its rights hereunder as Lessee shall not be
terminated and the possession of Lessee shall not be disturbed in any way whatsoever, by
any lienholder of the Building and that any sale at foreclosure will be subject to the Lease.
18. Assignment and Subletting
Lessee shall not assign this Lease or sublet any portion of the Premises without
prior written consent of the Lessor. Any assignment or subletting without consent shall be
void.
19. Successors and Assigns
This Lease shall be binding upon and inures to the benefit of the heirs, assigns and
successors in interest to the parties.
20. Quiet Possession
The Lessor shall warrant and defend the Lessee in the enjoyment and peaceful
possession of the Premises during the Term of this Lease.
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21. Notices and General Conditions
A) All notices or other communications which shall or may be given pursuant to
this Lease shall be in writing and shall be delivered by personal service or by certified mail
(the "Notice") addressed to the parties at their respective addresses indicated below or as
the same may be changed in writing from time to time. Such Notice shall be deemed given
on the day on which personally served, or if by certified mail, on the fifth day after being
posted or the date of actual receipt, whichever is earlier.
NOTICE TO LESSOR:
Lubin's Development Corporation
Michel Lubin, President
7816 NE 2nd Avenue
Miami, Florida 33138
NOTICE TO LESSEE:
City of Miami
City Manager
444 SW 2nd Avenue, loth Floor
Miami, Florida 33130
COPIES TO:
City of Miami
Office of Asset Management
444 S.W. 2nd Avenue, Suite 325
Miami, Florida 33130
City of Miami
Little Haiti NET Service Center
7815 NE 2nd Avenue
Miami, Florida 33138
B) Title and Section headings are for convenient reference and are not intended to
confer rights or obligations upon the parties to this Lease.
C) Should any provisions, paragraphs, sentences, words or phrases contained in
this Lease be determined by a court of competent jurisdiction to be invalid, illegal or
otherwise unlawful under the laws of the State of Florida or the City of Miami, such
provisions, paragraphs, sentences, words or phrases shall be deemed modified to the extent
necessary in order to conform with such laws, and the same may be deemed severable by
the Lessee, and in such event, the remaining terms and conditions of this Lease shall
remain unmodified and in full force and effect.
22. Amendments
Lessor and Lessee, by mutual agreement, shall have the right but not the obligation
to amend this Lease. Such amendments shall be effective only when signed by Lessor and
Lessee's City Manager and shall be incorporated as a part of this Lease.
23. Waiver
No waiver of any provision hereof shall be deemed to have been made unless such
waiver is in writing and signed by Lessor or the Lessee's City Manager. The failure of
either party to insist upon the strict performance of any of the provisions or conditions of
this Lease shall not be construed as waiving or relinquishing in the future any such
covenants or conditions but the same shall continue and remain in full force and effect.
24. Waiver of Jury Trial
The parties hereby knowingly, irrevocable, voluntarily and intentionally waive any
right either may have to a trial by jury in respect of any action, proceeding or counterclaim
based on this Agreement, or arising out of, under or in connection with this Agreement or
any amendment or modification of this Agreement, or any other agreement executed by
and between the parties in connection with this Agreement, or any course of conduct,
course of dealing, statements (whether verbal or written) or actions of any party hereto.
This waiver of jury trial provision is a material inducement for the City and Licensee
entering into the subject transaction.
25. Environmental Matters
"Environmental Laws" for purposes of this section shall mean: all applicable
requirements of federal, state and local environmental, public health, and safety laws,
regulations orders, permits, licenses, approvals, ordinances and directives, including but
not limited to, all applicable requirements of the Clean Air Act; the Clean Water Act; the
Resource Conservation and Recovery Act, as amended by the Hazardous and Solid Waste
Amendment of 1984; the Safe Drinking Water Act; the Comprehensive Environmental
Response, Compensation and Liability Act, as amended by the Superfund Amendments
and Reauthorization Act of 1986; the Occupational Health and Safety Act; the Toxic
Substances Control Act; the Florida Safe Drinking Water Act; Florida Environmental
Reorganization Act of 1975.
The Lessor warrants and represents that Lessor has no knowledge that the
Premises contains any hazardous waste contamination in violation of any Environmental
Laws. The Lessor shall indemnify, defend and save harmless the Lessee, its agents,
officers and employees from and against all demands, claims, fines, penalties, liabilities, or
costs which may be filed, prosecuted, adjudicated or assessed against Lessee, connected to
any violation of the Environmental Laws pertaining to the condition in, on, or of the
Premises.
26. Court Costs and Attorneys' Fees
In the event that legal action is taken by either party to enforce any of the
provisions of this Lease, the prevailing party shall be entitled to reasonable attorney's fees
in connection with any such action.
98- 498
27. Taxes
During the term of this Lease or any extension or renewal thereof, Lessor shall pay
any and all taxes of whatever nature lawfully levied upon or assessed against the
Premises.
28. Holding Over
If Lessee remains in possession of the Premises after the expiration of the term of
this Lease, or any renewal period, without a new lease reduced to writing and duly
executed and delivered (even if Lessee shall have paid and Lessor shall have accepted rent
in respect to such holding over), Lessee shall be deemed to be occupying the Premises only
as a Lessee from month -to -month, subject to all covenants, conditions, and agreements of
this Lease.
29. Radon Gas
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 health unit.
30. Compliance with Laws
Both parties hereby agree that they will comply in every respect with any and all
federal, state, county and municipal laws, ordinances, rules, regulations, orders and
notices now or hereafter in force or issued which may be applicable to the Premises and
this Lease, including Article V. Conflict of Interest, of the City Code of the City of Miami.
31. Approval by the Oversight Board
The State of Florida has appointed an Emergency Financial Oversight Board (the
"Oversight Board"), which is empowered to review and approve all pending City of Miami
contracts. As a result, contracts shall not be binding on the Lessee until such time as they
have been approved by the Oversight Board. Execution of this Lease Agreement by the
City Manager shall constitute evidence of its approval by the Oversight Board.
32. Entire Agreement
This Lease represents the total agreement between the parties. All other prior
agreements between the parties, either verbal or written, are superseded by this Lease and
are therefore no longer valid.
Wa • •
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the
day and year first above written.
ATTEST:
Esther St. Preuz, Secretary
ATTEST:
Walter J. Foeman
City Clerk
APPROVED AS TO FORM AND
CORRECTNESS:
Alejandro Vilarello
City Attorney
LESSOR:
Lubin's Development Corporation
Michel Lubin, President
LESSEE:
CITY OF MIAMI, a municipal
corporation of the State of
Florida
Jose Garcia -Pedrosa
City Manager
APPROVED AS TO INSURANCE
REQUIREMENTS:
Mario Soldevilla
Risk Management Division
9
98- 498
EXHIBIT A
RESOLUTION
(To be attached)
•
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EXHIBIT B
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EXHIBIT B
Page 2 of 2
CITY OF MIAM1, FLORIDA
INTER -OFFICE MEMORANDUM
TO: Honorable Mayor and Members
of the City Commission
FROM: Jose Garcia -Pedrosa
City Manager
RECOMMENDATION
DATE:
FILE :
SUBJECT: Resolution Authorizing the City
Manager to Execute a Lease Agreement
With the Lubin's Development Corp.
REFERENCES:
City Commission Agenda
ENCLOSURES: May 26, 1998
The administration recommends that the City Commission approve the attached
Resolution authorizing the City Manager to execute a Lease Agreement ("Agreement"), in
substantially the attached form, with Lubin's Development Corporation ("Lessor"). This
Agreement is for the use of approximately 1,750 square feet of space within a building
located at 7815 NE 2nd Avenue, Miami, Florida, including twenty-five parking spaces, to be
occupied by the City's Little Haiti NET Service Center ("Lessee"). The Agreement will be
for a term of five years, at a rental rate of $5.98 s.f. ($872.08/month) and with terms and
conditions as more particularly set forth in the Agreement. This Resolution further
authorizes the City Manager to renew the Agreement for five successive one year terms,
subject to the same terms and conditions and the availability of funds.
BACKGROUND
The Little Haiti NET Service Center has been occupying a small office located at 69 NE
62nd Street, Miami, Florida. Due to limited space at this location, the Little Haiti NET
Police lieutenant has had to work from the Police North Station. Lubin's Development
Corporation, owner of the building located at 7815 NE 2nd Avenue, has offered to provide
approximately 1,750 square feet of space within this building for the Little Haiti NET
Service Center and has provided tenant improvements necessary for occupancy. City
Commission Motion No. 97-440, passed and adopted on June 26, 1997, granted a request
by the administration in connection with the relocation of the Little Haiti Net Service
Center to 7815 NE 2nd Avenue.
The highlights of the Agreement are as follows:
Term: Five (5) years commencing on execution of Agreement
Option(s): Five one-year periods, subject to the same terms and conditions
Rent: $5.98 s.f. ($872.08/month)
Utilities: Lessee
•
The Honorable Mayor and Members
of the City Commission
Page 2
Maintenance: Lessee shall maintain the interior of the Premises. The Lessor, at
Lessor's sole cost and expense, shall undertake all repairs and/or
replacements to the exterior of the Premises including, but not limited to,
painting, repairs to roof, doors and windows. Lessor shall, at Lessor's
sole cost and expense, repair and maintain all plumbing, electrical and
HVAC systems.
Right of
Termination: Lessee shall have the right to terminate this Lease, for any or no reason
whatsoever, upon giving the Lessor at least 60 days prior written notice.
The current officers of Lubin's Development Corporation are as follows:
Michel Lubin, President
Esther St. Preux, Secretary and Treasurer
1*
JPG:CMC:DB:SA.ResoCoverLittleHaiti
s
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO: Honorable Mayor and Members
of the City Commission
FROM: Jose Garcia -Pedrosa
City Manager
RECOMMENDATION
CA-5
DATE: May 26, 1998
FILE :
SUBJECT: Resolution Authorizing the City
Manager to Execute a Lease Agreement
With the Lubin's Development Corp.
REFERENCES:
City Commission Agenda
ENCLOSURES: May 26, 1998
The administration recommends that the City Commission approve the attached
Resolution authorizing the City Manager to execute a Lease Agreement ("Agreement"), in
substantially the attached form, with Lubin's Development Corporation ("Lessor"). This
Agreement is for the use of approximately 1,750 square feet of space within a building
located at 7815 NE 2nd Avenue, Miami, Florida, including twenty-five parking spaces, to be
occupied by the City's Little Haiti NET Service Center ("Lessee"). The Agreement will be
for a term of five years, at a rental rate of $5.98 s.f. ($872.08/month) and with terms and
conditions as more particularly set forth in the Agreement. This Resolution further
authorizes the City Manager to renew the Agreement for five successive one year terms,
subject to the same terms and conditions and the availability of funds.
BACKGROUND
The Little Haiti NET Service Center has been occupying a small office located at 69 NE
62nd Street, Miami, Florida. Due to limited space at this location, the Little Haiti NET
Police lieutenant has had to work from the Police North Station. Lubin's Development
Corporation, owner of the building located at 7815 NE 2nd Avenue, has offered to provide
approximately 1,750 square feet of space within this building for the Little Haiti NET
Service Center and has provided tenant improvements necessary for occupancy. City
Commission Motion No. 97-440, passed and adopted on June 26, 1997, granted a request
by the administration in connection with the relocation of the Little Haiti Net Service
Center to 7815 NE 2nd Avenue.
The highlights of the Agreement are as follows:
Term: Five (5) years commencing on execution of Agreement
Option(s): Five one-year periods, subject to the same terms and conditions
Rent: $5.98 s.f. ($872.08/month)
Utilities: Lessee
The Honorable Mayor and Members
of the City Commission
Page 2
Maintenance: Lessee shall maintain the interior of the Premises. The Lessor, at
Lessor's sole cost and expense, shall undertake all repairs and/or
replacements to the exterior of the Premises including, but not limited to,
painting, repairs to roof, doors and windows. Lessor shall, at Lessor's
sole cost and expense, repair and maintain all plumbing, electrical and
HVAC systems.
Right of
Termination: Lessee shall have the right to terminate this Lease, for any or no reason
whatsoever, upon giving the Lessor at least 60 days prior written notice.
The current officers of Lubin's Development Corporation are as follows:
Michel Lubin, President
Esther St. Preux, Secretary and Treasurer
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