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HomeMy WebLinkAboutR-98-0510J-98-550 5/18/98 RESOLUTION NO. 9 8 ` 51 0 A RESOLUTION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT ("AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, WITH NORTHERN TRUST BANK, TRUSTEE & LAWRENCE J. SCHLOSBERG, TRUSTEE, FOR USE BY THE CITY OF APPROXIMATELY 500 SQUARE FEET OF OFFICE SPACE, LOCATED AT 2415 BISCAYNE BOULEVARD, MIAMI, FLORIDA, TO BE OCCUPIED FOR THE OPERATION OF THE EDGEWATER POLICE MINI STATION; PROVIDING FOR (i) A MONTHLY RENT AT AN AMOUNT OF $475.00 FOR THE FIRST YEAR, $500.00 FOR THE SECOND YEAR AND $525.00 FOR THE THIRD YEAR, (ii) A TERM OF THREE (3) YEARS, AND SUCH ADDITIONAL TERMS AND CONDITIONS AS ARE MORE PARTICULARLY SET FORTH IN THE ATTACHED LEASE; ALLOCATING FUNDS THEREFOR FROM POLICE GENERAL OPERATING BUDGET ACCOUNT CODE 00180.290201.6.610 FOR THE LEASE OF SAID SPACE. WHEREAS, the City of Miami entered into a Lease Agreement on February 1, 1996 for office space located at 2415 Biscayne Boulevard, Miami, Florida, for the operation of the Edgewater Police Mini Station; and WHEREAS, said Lease Agreement expired January 31, 1998, and the City's Edgewater Police Mini Station desires to continue occupancy at 2415 Biscayne Boulevard and enter into a new Lease Agreement; and CWT COmmsrQN MEETING OF ATTACHMENT (S)I I MAY 2 6 1998 CONTAINED 9$- 510 WHEREAS, Northern Trust Bank, Trustee and Lawrence J. Schlosberg, Trustee, owners of the property located at 2415 Biscayne Boulevard desires to enter into a new Lease Agreement with the City of Miami for the continued operation of the Edgewater Police Mini Station, for a term of three (3) year, at a monthly rental fee of $475.00 for the first year, $500.00 for the second year and $525.00 for the third year; and WHEREAS, funds are available for the payment of the monthly fee for the Lease Agreement from the Police General Operating Budget, account number 00 180.290201.6.6 10; 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 Northern Trust Bank, Trustee and Lawrence J. Schlosberg, Trustee, for the use of approximately 500 square feet of office space, located at 2415 Biscayne Boulevard, Miami, Florida, to be occupied by the City of Miami Edgewater Police Mini Station, providing for: (i) monthly rent in the amount of $475.00 for the first year, $500.00 for the second ' 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 - 510 year and $525.00 for the third year, (ii) a term of three (3) years, and (iii) such additional terms and conditions as are more particularly set forth in the attached lease, with funds therefor hereby allocated from the Police General Operating Budget, Account Code 00180.290201.6.610. Section 3. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this 2 6 th day of May , 1998. ATTEST: JOE CAROLLO, MAYOR 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 n i becomes effective with the elapse o ten (10 ys m the date of Ccmmisr° n octic, regarding same, without the Mayo ex ci ng o. Wafter J F an. City Clerk WALTER J. FOEMAN CITY CLERK BUDGETARY,REVIEW: DIPAK PARE OFFICE OF B ANALYSIS , DIRECTOR iGET & MANAGEMENT -3- 98- 510 PREPARED AND APPROVED BY: JULIE O. B U ASSISTANT CITY ATTORNEY W2586:csk:JOB -4- 98- 5io LEASE AGREEMENT THIS LEASE AGREEMENT, is made and entered into this day of , 1998, by and between NORTHERN TRUST BANK, TRUSTEE & LAWRENCE J. SCHLOSBERG, TRUSTEE, whose address is 1515 Ringling Boulevard, Sarasota, Florida, hereinafter referred to as the "LANDLORD," and CITY OF MIAMI, a municipal corporation of the State of Florida, with its principal place of business at 444 SW 2nd Avenue, Miami, Florida, hereinafter referred to as the "TENANT". 1. PREMISES. Upon and subject to the terms, covenants and conditions hereinafter set forth, LANDLORD hereby leases to the Tenant and TENANT hereby leases from the LANDLORD approximately 500 square feet of space located at 2415 Biscayne Boulevard, Miami, Florida 33137. (the "Premises"). The Premises are located within a shopping center. 2. EFFECTIVE DATE AND TERM. This Lease Agreement shall become effective, after being fully executed by the LANDLORD and the TENANT, on the date approved by the Emergency Financial Oversight Board of the State of Florida which is empowered to review and approve all pending City contracts (the "Effective Date"). The parties hereby agree that upon the Effective Date, the term of this Lease Agreement shall be for a period of three years commencing on May 1, 1998 and expiring on April 30, 1998. The "First Lease Year" shall commence on May 1, 1998. The Second Lease Year shall commence on May 1, 1999, and the Third Lease Year shall commence on May 1, 2000. 3. RENT. TENANT agrees to pay to LANDLORD without demand and without set-off or deduction the following rent: (i) For the First Lease Year the annual rent shall be $5,700.00 payable in equal monthly installments of $475. (ii) For the Second Lease Year the annual rent shall be $6,000.00 payable in equal monthly installments of $500.00. (iii) For the Third Lease Year the annual rent shall be $6,300.00 payable in equal monthly installments of $525.00. The monthly installments of rent shall be paid in advance on the first day of each and every calendar month throughout the term of this Lease Agreement. If any amount owed by the TENANT to the LANDLORD is not paid within five (5) days after the same shall become due, the Landlord shall 7 be entitled to charge the TENANT a late charge equal to ten (10%) percent of the amount of such overdue payment. The rent shall be paid to LANDLORD in person or by mail at: Castle -Mount Realty & Management c/o Martin Schlosberg P.O. Box 22-2123 Hollywood, Florida 33022 4. SECURITY. Upon the Effective Date of this Lease Agreement, the TENANT shall deposit with the LANDLORD funds in the amount of $900.00 as a security deposit to insure the TENANT'S faithful performance of the terms, covenants and conditions of this Lease Agreement; provided, however, that the TENANT shall deliver up possession of the Premises to the LANDLORD at the expiration or earlier termination of this Lease Agreement in the same condition as originally provided herein, ordinary wear and tear excepted, LANDLORD shall refund to TENANT the amount of said security deposit, less the amount of any sums required to be retained by the LANDLORD as compensation for damages to the Premises occasioned by the TENANT'S breach of any of the terms, covenants and provisions hereof. 5. PERMITTED USE. The TENANT, its officers, agents and employees shall use and occupy the Premises for the sole purpose of operating a police substation which is known as the City of Miami Edgewater Police Mini Substation. 6. ASSIGNMENT AND SUB -LETTING. The TENANT shall not assign this Lease Agreement, nor sub -let the Premises, or any part thereof, nor use the same or any part thereof, nor permit the same, or any part thereof, to be used for any other purpose than as above stipulated, nor make any alterations therein or additions thereto without the prior written consent of the LANDLORD being first had and obtained. In this connection, LANDLORD agrees that such consent shall not be unreasonable withheld or delayed. 7. TENANT'S PERSONAL PROPERTY. All personal property placed or moved into the PREMISES shall be at the risk of the TENANT or owner thereof and LANDLORD shall not be liable for any damage to said personal property, or to the TENANT, arising from the bursting or leaking of any water pipes or from any act of negligence of any co -tenant or of any other person whomsoever. 98` 5io 8. REPAIRS AND MAINTENANCE: (a) LANDLORD shall not be required to make any repairs or improvements of any kind upon or to the PREMISES, except for the repairs to the roof and structural repairs to the exterior of the building of which the PREMISES forms a part. (b) Subject to the provisions of sub -paragraph (a) of this Paragraph, TENANT agrees, at its own cost and expense, to keep and maintain the Premises and each and every part thereof in good order and condition and to make all repairs and replacements thereto, structural or otherwise, and the fixtures and equipment therein and the appurtenances thereto, including, without limiting the generality of the foregoing, the exterior and interior windows and window frames, doors and door frames, entrances, storefronts, signs, floor coverings, interior walls, columns and partitions, and the fixtures and facilities serving the Premises. All glass, both interior and exterior, shall be at the sole risk of the TENANT, which agrees to replace at its own expense any glass broken during the term of this Lease Agreement. 9. ALTERATIONS. TENANT shall make no alterations, additions, installations, substitutions, improvements or decorations in or to the Premises without the prior written consent of LANDLORD, which consent shall be subject to and upon such terms and conditions as LANDLORD may require and stipulate in such consent, including, without limitation, (a) physical and spatial limitations, (b) governmental approvals, (c) payment, (d) bonding, (e) indemnification, (f) liens, and (g) designation of approved contractors and subcontractors. All additions, fixtures or improvements which may be made by TENANT, except movable office furniture, shall become the property of LANDLORD and remain upon the Premises as a part thereof, and shall be surrendered with the Premises at the expiration or termination of this Lease Agreement. 10. UTILITIES. TENANT shall, at its own cost and expense, be responsible for the payment of all waste removal charges and for the installation and maintenance of all utilities services and meters in connection therewith, together with the payment of all periodic charges when due for electricity, water and any and all other utility charges incurred in the use of the Premises. 11. INSURANCE: TENANT agrees to secure and to keep in force and effect, at its own cost and expense, from and after the date LANDLORD shall deliver possession of the Premises to TENANT, and throughout the term of this Lease, "All risks" coverage insurance (including, but not limited to extended coverage vandalism and malicious mischief) in an amount adequate to cover the full replacement value of all fixtures and contents of the Premises. The LANDLORD acknowledges that the TENANT is self -insured for general liability, and that a certificate of insurance cannot be issued nor can the LANDLAORD be named as additional insured. TENANT agrees to defend all claims brought against the TENANT due to the TENANT'S use of the Premises; provided, however, that such defense shall be to the extent of the immunities and limitations included within Florida Statutes, Section 768.28. 12. DEFAULT. An event of default shall occur in the event TENANT shall: (a) vacate or abandon the Premises at any time during the term of this Lease Agreement; (b) failure to pay rent due under this Lease Agreement and such failure continues after thirty (30) day written notice has been given to TENANT by LANDLORD; (c) any non -monetary breach of any of the conditions, stipulations or covenants by the TENANT, as set forth in this Lease Agreement, which continues or exist for a period of forty (45) days after written notice of said default has been given to TENANT by LANDLORD. (d)In the event of a default the TENANT'S rights to the possession of the Premises shall constitute an unlawful detainer of the Premises, and the TENANT shall forthwith become a TENANT at sufferance. (e) In the event of a default the LANDLORD may elect to terminate this Lease Agreement. If the LANDLORD elects to terminate this Lease Agreement, the LANDLORD shall have the right, subject to whatever rights the TENANT may have, to re-enter, and re -take possession of the Premises, and declare the term of this Lease Agreement terminated and to peacefully remove TENANT and each and every person in or upon said Premises and remove all personal property of the TENANT; provided, however, that all appurtenances which have become permanent fixtures, shall thereupon automatically become the property of the LANDLORD. The LANDLORD shall be entitled to retain the security deposit, any advanced rental required to be paid herein, not as a penalty or forfeiture but as liquidated damages that will be sustained by LANDLORD in consequence of such default; and the parties, desiring to obviate any question or dispute concerning the amount of damages and the cost and effect of such default, in consequence of such forfeiture, have taken these elements into consideration in fixing and agreeing upon the amount of rent to be paid by TENANT to LANDLORD. 13. ENTRY BY LANDLORD. The LANDLORD, or any of its agents, shall have the right to enter the Premises during all reasonable hours, to examine the same or to make such repairs, additions or alterations as may be deemed 9 8 - 5 w1 U necessary for the safety, comfort or preservation thereof, or of said building, or to exhibit the Premises and to put or keep upon the doors or windows thereof a notice "FOR RENT" at any time within thirty (30) days before the expiration of this Lease Agreement; provided, however, that the LANDLORD hereby acknowledges that the purpose for which the TENANT is leasing the Premises is for police business and accordingly, any right of entry which the LANDLORD has under this provision is subject to the TENANT'S prior consent and to such reasonable conditions as the TENANT may impose in order to safeguard and protect confidential information and to restrict access to police records, files and equipment. The TENANT acknowledges and agrees that it will not place any signs or designations of any nature whatsoever on the doors of the Premises without the permission of the LANDLORD. The right of entry shall likewise exist for the purpose of removing placards, signs, advertisements, fixtures, alterations or additions which do not conform to this Lease Agreement. , 14. CONDITION OF DEMISED PREMISES: TENANT hereby accepts the Premises in the condition in which the same exist as of the Effective Date this Lease Agreement and agrees to maintain the Premises in the same condition, order and repair, excepting only reasonable wear and tear arising from the use thereof. 15. DESTRUCTION OF DEMISED PREMISES. In the event the Premises shall be destroyed or so damaged by fire or other casualty during the term of this Lease Agreement so that the same shall be rendered untenantable, the rent due hereunder shall be abated, and the LANDLORD shall have the right to render the Premises tenantable by repairs within ninety (90) days from the date of such destruction or damage. If the Premises are not rendered tenantable within said time, either party shall have the right to cancel this Lease Agreement by serving written notice by certified or registered mail, return receipt requested, upon the other party, in which event the rent payable hereunder shall abate as of the date of such fire or other casualty. 16. WAIVER. The failure of the LANDLORD to insist upon the strict performance of any of the conditions, covenants, terms or provisions of this Lease Agreement, or to exercise any option herein conferred, shall not be considered or construed as waiving or relinquishing for the future any such conditions, covenants, terms, provisions or options, but the same shall continue and remain in full force and effect. The receipt of any sum paid by the TENANT to the LANDLORD after breach of any condition, covenant, term or provision herein contained shall not be deemed a waiver of such breach, but shall be taken, considered and construed as payment for use and occupation, and not as rent, unless such breach shall be expressly waived in writing by the LANDLORD. 98` 50 17. QUIET ENJOYMENT. Upon paying the rent herein reserved and performing and observing all of the other terms, covenants and conditions of this Lease Agreement on the TENANT'S part to be performed and observed hereunder, TENANT shall peaceably and quietly have, hold and enjoy the Premises during the term hereof, subject, nevertheless, to the terms of this Lease Agreement and to any mortgages, ground or underlying leases, agreements and encumbrances to which this Lease Agreement is or may be subordinate. 18. RULES AND REGULATIONS. In addition to the several covenants contained in this Lease Agreement, it is mutually covenanted and agreed that the LANDLORD shall have the right from time to time during the term of this Lease, and any and all extensions and renewals thereof, to promulgate such reasonable rules and regulations deemed by it to be necessary for the reasonable safety, care, cleanliness and orderly management of the Premises and for the preservation of good order therein. 19. PARTIAL INVALIDITY. If any provision of this Lease Agreement or the application thereof to any person or circumstances shall to any extent be held invalid, then the remainder of this Lease Agreement or the application of such provision to persons or circumstances other than those as to which it is held invalid shall not be affected thereby, and each provision of this Lease Agreement shall be valid and enforced to the fullest extent permitted by law. 20. TIME OF THE ESSENCE. It is understood and agreed by and between the parties hereto that time shall be of the essence as to all of the terms and provisions of this Lease. 21. SUBORDINATION: TENANT'S rights hereunder shall be subject and subordinate to any bona fide mortgage which shall now or hereafter encumber the Premises and to all renewals, modifications, consolidations, replacements and extensions thereof, TENANT agrees to promptly execute any and all instruments requested by LANDLORD for such subordinations. In the event the LANDLORD shall at any time during the term of this Lease default in the payments due on any mortgage encumbering the above described Premises, then and in that event the TENANT shall have the right, privilege and option to pay the rent and any other sums due to the LANDLORD hereunder directly to the mortgagee, in which event the TENANT'S tenancy shall not be disturbed so long as the TENANT shall not otherwise be in default of any of the provisions of this Lease. 22. SIGNS. LANDLORD hereby gives its approval for the existing sign previously placed upon the Premises by the TENANT. However, TENANT shall not exhibit, inscribe, paint or affix any additional sign, advertisement, notice or other lettering on any part of the outside of the Premises or the building of which the Premises shall constitute a part, or inside the Premises 98 - 5.iO if the same shall be visible from the outside, without first obtaining LANDLORD'S prior specific written approval thereof. TENANT further agrees to maintain each and every such sign, lettering or the like as may be approved by the LANDLORD in good condition, working order and repair at all times. With respect to such signs, lettering or the like, TENANT shall submit in writing to LANDLORD for its approval the name of the person, firm or entity proposed by TENANT for the manufacture and installation of the same, all of which shall be accomplished at the TENANT'S sole cost and expense. 23. 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 Agreement the prevailing party shall be entitled to reasonable attorney's fees in connection with any such action. 24. 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. 25. 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 Agreement, including Article V. Conflict of Interest, of the City Code of the City of Miami. 27. ENTIRE AGREEMENT: This Lease Agreement contains the entire agreement between the parties hereto and may not be altered, modified or rescinded except by subsequent agreement in writing signed by the LANDLORD and TENANT with the same formalities as applicable to this Lease. No surrender of the DEMISED PREMISES or of the remainder of the term of this Lease shall be deemed valid unless accepted by the LANDLORD in writing. This Lease and each of the terms, covenants, conditions and provisions hereof shall be binding upon and shall inure to the benefit of each of the parties hereto and their respective heirs, executors, personal representatives, successors and assigns. 98 r 510 IN WITNESS WHEREOF, each of the parties has caused this Lease Agreement to be executed in appropriate manner and their respective seals to be affixed on the day and year first above written. in the presence of: ATTEST: Walter J. Foeman City Clerk APPROVED AS INSURANCE REQUIREMENTS: Mario Soldevilla Risk Management Division APPROVED AS TO FORM AND CORRECTNESS: Alejandro Vilarello City Attorney LANDLORD: Northern Trust Bank, Trustee & Lawrence J. Schlosberg, Trustee BY: Martin W. Schlosberg AUTHORIZED AGENT CITY OF MIAMI, a municipal corporation of the state of Florida BY: Jose Garcia -Pedrosa City Manager 98- 50 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Jose Garcia -Pedrosa City Manager RECOMMENDATION CA=18 DATE: May 26, 1998 FILE: SUBJECT: Resolution Authorizing the City Manager to Execute a Lease Agreement for the Edgewater Police Mini Station 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 Northern Trust Bank, Trustee & Lawrence J. Schlosberg, Trustee ("Landlord"). This Agreement is for the use of approximately 500 square feet of space within a building located at 2415 Biscayne Boulevard, Miami, Florida, to be occupied by the City's Edgewater Police Mini Station ("Tenant"). The Agreement will be for a term of three years, at a monthly fee of $475 for the first year, $500 for the second year and $525 for the third year, with terms and conditions as more particularly set forth in the Agreement. BACKGROUND The City of Miami entered into a Lease Agreement on February 1, 1996, for office space located at 2415 Biscayne Boulevard, for the operation of the Edgewater Police Mini Station. The Lease Agreement expired on January 31, 1998, and the Police Department desires to continue the operation of the Edgewater Police Mini Station at this location. Martin W. Schlosberg, the authorized agent for Northern Trust Bank, Trustee and Lawrence J. Schlosberg, Trustee, owners of the subject property, has agreed to enter into a new Lease Agreement with the City for the continued use of the subject property. Funds are available for the payment of the monthly fee from the Police General Operating Budget, Account Code Number: 001000.290201.6.610. The highlights of the Lease Agreement are as follows: Term: Three (3) years Option: none 98- 510 Rent: First Lease Year the annual rent shall be $5,700 payable in equal monthly installments of $475. Second Lease Year the annual rent shall be $6,000 payable in equal monthly installments of $500. Third Lease Year the annual rent shall be $6,300 payable in equal monthly installments of $525. Late Penalty: If any portion of the Rent shall remain unpaid for more than fifteen (15) days after it is due, the Landlord shall be entitled to a late charge equal to ten (10%) percent of the amount of the overdue payment Security Deposit: City has deposited with Landlord funds in the amount of $900 as the security deposit, refundable upon termination of the Lease Utilities: Tenant Maintenance: Tenant The Agent authorized to enter into this Lease Agreement on behalf of the owner, Northern Trust Bank, Trustee and Lawrence J. Schlosberg, Trustee is: Martin W. Schlosberg 90 JPG: CMC:DB: SA:ResoCoverEdgewaterPolice 9 510