HomeMy WebLinkAboutR-98-0513J-98- 616 5/18/98 RQESOLUTION NO. V 8 513
A RESOLUTION, WITH ATTACHMENT(S), AUTHORIZING
THE CITY MANAGER TO EXECUTE A LEASE
AGREEMENT, IN SUBSTANTIALLY THE ATTACHED
FORM BETWEEN THE CITY OF MIAMI AND THE BLACK
ARCHIVES HISTORY AND RESEARCH FOUNDATION
OF SOUTH FLORIDA, INC., FOR THE PURPOSE OF
LEASING 1,534 SQUARE FEET OF OFFICE AND
CLASSROOM SPACE AT 250 N.W. 9TH STREET, MIAMI,
FLORIDA TO BE OCCUPIED BY THE OFFICE OF
WORKFORCE DEVELOPMENT, PROVIDING FOR: (i) RENT
IN AN AMOUNT OF $7.82 PER SQUARE FOOT, FOR A
TOTAL MONTHLY COST OF $1,000.00, (ii) A TERM OF ONE
(1) YEAR, (iii) A CITY OPTION TO RENEW FOR UP TO
THREE (3) ADDITIONAL ONE-YEAR PERIODS, AND SUCH
ADDITIONAL TERMS AND CONDITIONS AS MORE
PARTICULARLY SET FORTH IN THE ATTACHED LEASE;
ALLOCATING FUNDS THEREFOR FROM CITY INDEX NO.
454006 AND CITY PROJECT NO. 184089.
WHEREAS, the opening of the City of Miami Job's Program in the Overtown Area
from which to provide for expanded services is necessary to meet grant funding
requirements; and
WHEREAS, the City of Miami Job's Program has determined that the space located
at 250 N.W. 91h Street, Miami, Florida is suitable for the requirements of their program;
and
WHEREAS, all costs associated with this lease and expansion of services will be
paid from grant sources and will not require a contribution from the general fund;
s
-
�J
*,CONTAINED
an COSSIO�
T= OF
076M8
;W.
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, between the City of Miami and Black Archives History
And Research Foundation Of South Florida Inc., for the purpose of leasing 1,534 square
feet of office and classroom space at 250 N.W. 9th Street, Miami, Florida, to be occupied by
the Office of Workforce Development, providing for: (i) monthly rent in the amount of $7.82
per square foot for a total monthly cost of $1000.00, (ii) a term of One year, (iii) a City
option to renew for up to three (3) additional one (1) year periods, and such additional
terms and conditions as are more particularly set forth in said lease, with funds therefor
hereby allocated from City Index No. 454006 and City Project No. 184089.
Section 3. This Resolution shall become effective immediately upon its adoption.
PASSED AND ADOPTED this 2 6 th day of May , 1998.
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 legislalio _
becomes effective with the elapse of ten (10) days from the date of Commissicn a':
regarding same, without the Mayo exerci ' g veto.
ATTEST:
Wa . Foeman, City Clerk
WALTER FOEMAN, CITY CLERK
' 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- 51-3
PREPARED AND APPROVED BY:
JULIE O. BRU
ASSISTANT CITY ATTORNEY
APPROVED
AND CORM
MDRO VILARELLO
TTORNEY
B/kd/W2585
- 3 -
98- 513
LEASE AGREEMENT
This Lease Agreement (the "Lease Agreement" or "Lease") is made and entered into at Miami, Dade
County, Florida, the day of May, 1998, by and between Black Archives History And Research
Foundation Of South Florida 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 heirs, 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.
1. THE PREMISES:
Upon and subject to the covenants, terms, and conditions hereinafter set forth, Lessor hereby leases to the
Lessee and the Lessee hereby leases from the Lessor space consisting of approximately 1,534 square feet
hereinafter referred to as the "Premises" within the building located at 250 N. W. 9d' Street„ Miami,
Florida 33133, hereinafter referred to as the "Building". The Premises and the Building are depicted for
illustrative purposes in Exhibits "A" and "B", respectively, which Exhibits are attached to this Lease and
by this reference incorporated herein.
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 June 1, 1998 (the "Commencement Date") and terminating on May 31, 1999.
3. AMOUNT OF RENT AND MANNER OF PAYMENT:
A) The Lessee shall pay unto the Lessor for the Term of this Lease the total annual Gross Rent
of Seven and 82/100 Dollars ($7.82) per square foot (the "Gross Rent" or "Rent"). The term
"Gross Rent" or "Rent" more specifically refers to all rent due to Lessor by Lessee inclusive
of base rent, insurance, real estate taxes, maintenance, repairs, security, utilities,
administrative fees, Janitorial Services, and all other expenses related to the rental of the
Premises, with the exclusion of telephone services. At the present square footage of 1,534
square feet, the total monthly rental payment will be One Thousand Dollars ($1,000.00).
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:
Black Archives History And Research Foundation Of South Florida Inc.
5400 N.W. 22"d Avenue
Building C Suite 101
Miami, FL 33142
D) Rent shall commence upon the Lessor completing the improvements detailed in exhibit C
("Rent Commencement Date").
E) In the event the Rent Commencement Date commences on a day other than the first day of a
calendar month, then upon the day of commencement of the Rent 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
98- 513
this Lease commences.
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 up
to Three (3) consecutive terms of One (1) year each, upon the same terms and conditions set
forth in this Lease. Said options shall be deemed to have been automatically exercised by Lessee
unless Lessee gives Lessor Notice of its election not to extend the term of this Lease no later than
One (1) month 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. 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 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 offices and/or classrooms. 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 purpose.
B) Lessee will not occupy or use said Premises, nor permit the same to be occupied or used for
any business which is unlawful. Lessee will comply with all lawful requirements of all local,
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 Building
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.
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, or damage by fire or other casualty, ex-
cepted. However, Lessee shall not be obligated to repair any damage which Lessor is required to repair
under Article 16 (B).
8. HOLDOVER
In the absence of any written agreement to the contrary, if Lessee should remain in occupancy of the
Premises after the expiration of the Lease Term, it shall so remain as a tenant from month -to -month and
98- 513
the Gross Rent shall be the same Gross Rent as the last in effect. All provisions of this lease applicable to
such tenancy shall remain in full force and effect.
9. TENANT IMPROVEMENTS:
Lessor hereby agrees to build out and complete on or before June 1, 1998, the improvements described in
Exhibit "C", attached hereto and by this reference incorporated herein. Lessor warrants said
improvements for all normal wear and tear for the Lease Term of this Lease Agreement.
10. REPAIRS:
A) The Lessor will keep the Premises, Building 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 and 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 will maintain the Building including, but not
limited to, the exterior masonry of the Building, existing rough plumbing, electrical service,
elevators, the roof, and Common Areas.
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, Lessor may construct, repair or complete any work he deems necessary to maintain the
integrity of the Building. Should any of the Premises be unusable to Lessee as a result of
Lessor's repairs, during the period that the Lessee's use of the Premises are so interrupted the
rent shall be reduced in direct proportion to that portion of the Premises which is, in fact, under
repair.
11. UTILITIES:
Lessor represents and warrants that water, sanitary sewers, storm sewers, electric current, gas and
telephone facilities sufficient to accommodate Lessee's purpose are, or will be, available at the Premises
on or before the Commencement Date. Lessor shall pay for all water, gas, electricity and other utilities
serving the Premises with the exclusion of telephone.
12. COVENANTS OF THE LESSEE:
The Lessee shall pay for all occupational licenses, and other licenses necessary in the operation of the
Premises.
13. 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 Building herein above described and that it has good and marketable title, and the full right
to lease the same for the Lease Term aforesaid.
B) That Lessor will put the Lessee in actual possession of the Premises on the Commencement
Date.
98- 513
C) That Lessor will keep the Building free and clear of any and all liens on account of any
construction, repair, alterations or improvements which Lessor may be obligated to make or
perform under this Lease. Lessor shall keep any and all mortgage payments current and in good
standing.
D) Lessor shall pay, prior to delinquency, real estate taxes and assessments which may be levied
or assessed upon the Building subsequent to the Commencement Date.
E) The Lessor and Lessee have agreed that the Lessor shall, at Lessor's sole cost and expense,
improve, build -out or modify the space in the Premises for offices according to Exhibit "C". The
said improvements are intended to be utilized during the Lease Term for the benefit of the
Lessee.
F) The Lessor further covenants that Lessor will keep the Premises, the exterior, and the
Building, in a clean manner and in good repair.
G) The Lessor shall provide, at no cost to the Lessee, a dumpster for regular office debris.
14. 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 Lease Term
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.
15. LESSOR'S INSURANCE:
Lessor shall 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 Building to the full
insurable value. WSK TO APPROVE)
16. INDEMNIFICATION:
Lessor agrees to indemnify, hold harmless, and defend (by counsel reasonably acceptable to Lessee)
Lessee, its officers, agents, and employees, from and against any and all debts, liens, claims, causes of
action, administrative orders and notices, costs, personal injuries, losses, damages, liabilities, demands,
interest, fines, penalties and expenses, including reasonable attorney's fees and expenses, consultants' fees
and expenses, court costs and all other out of pocket expenses, (including, without limitation, response
and/or remedial costs in connection with environmental matters), suffered or incurred by Lessee as a
result of:
A) the breach of any of the representations and warranties set forth herein; or
B) the failure of Lessor to perform any obligation under this Lease; or
C) the presence in or about the Premises of any Hazardous Materials or any occurrence, matter,
condition, act or omission involving Environmental Laws or Hazardous Materials which existed
on or arose prior to the Commencement Date, regardless of whether or not Lessor had knowledge
of same as of that date.
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 Gross Rent.
98- 513
17. ADDITIONAL 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 Building 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 Building 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 Building shall be partially damaged by fire or other casualty
but not rendered unrentable, the same shall be repaired with due diligence by the Lessor, and at
Lessor's expense. If the Premises shall be damaged by fire, the elements or unavoidable casualty,
leaving more than 50% of leased floor space unusable for Lessee's purposes, and rendering the
Premises unfit for occupancy, the Lessee shall have the option of terminating this lease within
thirty (30) days from the date of the casualty by providing Notice to the Lessor. If the Lessee
does not terminate this Lease, the Lessor shall rebuild the Premises, and shall proceed with such
construction and complete same with all reasonable diligence. 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) This Lease has been prepared in several counterparts, each of which said counterpart, when
executed, shall be deemed to be an original hereof.
D) If Lessee shall hereafter install, at its expense, any shelving, lighting and other fixtures, unit
heaters, portable air conditioning units, portable partitions or any trade fixtures, or if Lessee shall
hereafter install or apply any advertising signs or other standard identifications of Lessee, any
article so installed or any 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 upon Notice to the Lessor to install telecommunication services and equipment and
Lessor's consent to such installation shall not be unreasonably withheld. The Lessee shall not
remove any fixtures, equipment, or additions which are normally considered to be affixed to the
realty such as, but not limited to, electrical conduit and wiring, panel or circuit boxes, terminal
boxes, partition walls paneling, central air conditioning and ducts, plumbing fixtures, etc.
E) Each party represents and warrants that it dealt with no broker in connection with this
transaction.
F) No waiver of any provision hereof shall be deemed to have been made unless such waiver is
in writing and signed by Lessor or Lessee. 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.
18. 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
98- 513
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 by the Lessor to the Lessee, and by the Lessee to the Lessor, shall be given by certified mail,
return receipt requested, hand delivery, or courier, ("Notice") addressed to the Lessee or Lessor at:
Lessee:
City of Miami
City Manager
3500 Pan American Drive
Miami, FL 33133
and a copy to
City of Miami
Office of Asset Management
444 S.W. 2nd Avenue, 3`d Floor
Miami, FL 33130
and a copy to
Lessor:
City of Miami
Office of Workforce Development
1313 N.W. 36d' Street, 2❑d Floor
Miami, FL 33142
Black Archives History And Research Foundation Of South Florida Inc.
5400 N.W. 22°d Avenue
Building C Suite 101
Miami, FL 33142
or to such other address as the Lessee or Lessor may from time to time give the other party. If Notice is
6
98- 513
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.
20. SPECIAL PROVISION:
Lessee is leasing space for the Office of Workforce Development which is completely grants funded,
primarily from government sources. Lessor agrees that, at any time during the Lease Term, in the event
that such funding is reduced for a particular year, then the Lessee shall be entitled to a reduction in the
total square footage of the Premises and a corresponding reduction in the amount of total rent due. Lessee
agrees to notify the Lessor One (1) month in advance of a projected reduction in funding that would
necessitate re -negotiating the total square footage to be leased. Lessee shall provide to Lessor such
documentation as may be necessary to demonstrate that a funding reduction warrants a reduction in the
square footage of the Premises.
21. LESSEE'S RIGHT TO TERMINATE FOR CONVENIENCE:
Separate and apart from all other rights granted, in the event that the Lessee determines that there is no
longer a need for the purpose for which this Lease is entered into, the Lessee shall have the right to
terminate this Lease, at any time, 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 and Lessee shall be released of all obligations under this Lease.
22. LESSEE'S FINANCIAL RESPONSIBILITY OF TENANT IMPROVEMENT COST DUE TO
SPECIAL PROVISION AND/OR LESSEE'S RIGHT TO TERMINATE
Lessor is fully aware that Lessee's program is funded by grant awards that are primarily of one year
duration and are subject to renewal; and that said program may be reduced or fully eliminated during any
year in this Lease Term. Being aware of this, Lessor is still willing to build -out the Premises as per
exhibit C, and Lessor shall not hold Lessee responsible for any portion of the cost or expenses associated
with Lessor's build -out costs should Lessee exercise its options under sections 20 or 21.
23. 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.
24. PARKING:
Thrn-out the Lease and any extension thereof, Lessor shall provide Lessee with an adequate number of
reserved parking spaces for the sole use of Lessee, Lessee's employees, and those associated with Lessee.
The Lessor shall identify these parking spaces as reserved for "City of Miami" and shall post signs
warning that unauthorized parked cars will be towed at owner's expense.
25. 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;
98- 513
2) no underground storage tanks have been or are located on the Premises;
3) the Premises has never been used as a dump for any Hazardous Materials (as defined
below); and
4) the Premises and its prior uses comply with and at all times have complied with,
Environmental Laws (as defined below).
a) The term "Hazardous Materials" shall mean any substance, material, waste
gas, or particulate matter which at the time of the execution of the Lease of any
time thereafter is regulated by any local governmental authority, the State in
which the Premises is located, or the United States Government, including but
not limited to, any material or substance which is:
(i) defined as a "hazardous material", "hazardous substance",
"extremely hazardous waste", or "restricted hazardous waste" under
any provision of State Law;
(ii) petroleum,
(iii) asbestos
(iv) polychlorinated biphenyl;
(v) radioactive material,
(vi) designated as a "hazardous substance" pursuant to Section 311 of
the Clean Water Act, 33 U.S.C. Sec. 1251 et seg. (33 U.S.C. Sec.
1371);
(vii) defined as a "hazardous waste" pursuant to Section 1004 of the
Resource Conservation and Recovery Act, 42 U.S.C. Sec. 6901 et seg.
(42 U.S.C. Sec. 6903); or
(viii) defined as a "hazardous substance" pursuant to Section 101 of
the Comprehensive Environmental Response, Compensation and
Liability Act 42 U.S.C. Sec. 9601 et seg. (42 U.S.C. Sec. 9601).
b) The term "Environmental Laws" shall mean all statutes specifically
described in the foregoing sentence and all federal, state, and local
governmental health and safety statutes, ordinances, codes, rules, regulations,
orders and decrees regulating to or imposing liability or standard concerning or
in connection with Hazardous Materials.
26. 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.
27. MISCELLANEOUS:
A) This Lease may be amended, modified and changed only by written instrument signed by the
City Manager and the Lessor.
B) This Lease shall be construed according to the laws of the state in which the Premises are
98 - 513
located.
C) Should any portion of this Lease be declared invalid and unenforceable, then such portion
shall be deemed to be severable from this Lease and shall not affect the remainder thereof.
D) It is expressly understood that this Lease contains all terms, covenants, conditions and
agreements between the parties hereto relating to the subject matter of this Lease, and that no
prior agreements or understandings, either oral or written, pertaining to the same shall be valid
or of any force and effect, and that the terms, covenants, conditions and provisions of this Lease
cannot be altered, changed, modified or added to except in writing by all parties hereto.
E) Should any party or parties hereto institute any action or proceeding in Court to enforce any
provision or provisions hereof, or for damages by reason of any default under this Lease, or for a
declaration of such parry'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.
I1) Lessor agrees that the Premises now conform, or that, prior to Lessee's occupancy, that the
Premises shall, at the Lessor's sole cost and expense, be brought into conformance with the
requirements of Section 553.48 F.S., providing requirements for the physically handicapped.
1) Lessor hereby represents and warrants to Lessee that there are no tenants in the Building or
other parties, who have leases or agreements which prohibit, restrict or interfere with the use by
Lessee, its employees or invitees, of the Premises or Common Areas nor will Lessor enter into
any such lease or agreement.
J) Lessor hereby represents and warrants to Lessee that the drinking water at the Premises is free
of all contaminants and harmful chemicals.
K) Lessor hereby represents and warrants to Lessee that there are no rats, rodents, termites,
insects, or pests of any kind within the Premises. Should Lessee evidence anything to the
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
Q -- 513
Lease Agreement shall not be construed in favor of or against either of the parties.
M) 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.
In Witness Whereof, the parties hereto have hereunto set their hands and seals on the day and year first
above written.
Dated and executed by the Lessor as of , 1998.
By:
Black Archives History And Research Foundation Of South Florida Inc.
Witness:
print name
Witness:
print name
Dated and executed by the City of Miami by its City Manager as of 1998.
ATTEST: CITY OF MIAMI,
a Municipal Corporation of the
State of Florida
By:
Walter J. Foeman, City Clerk
APPROVED AS TO INSURANCE
REQUIREMENTS:
Mario Soldevilla
Risk Management Administrator
F: Leases/Blackarchives. docJOB
By:
Jose Garcia -Pedrosa, City Manager
APPROVED AS TO FORM AND
CORRECTNESS:
M
Alejandro Vilarello
City Attorney
10
98- 513
05-18-1999 08:33RI"I
P.03
i
hen porch
porch i
first floor plan
0
EXHIBIT A PAGE 1
98- 513
05-18-1998 08:32AM
P.02
,
1.0
bedroom hd{
d^
4� 0 r}
11
i`
bedroom b Broom
6.i
L
`' ._... ate:- -:-:� 1r 1
second floor plan
v,C- OW
EXHIBIT A PAGE 2 9 8 513 f
t
NEW W HIGH
GREEN BUTTONwDUD KEDGE
NEV Id MAHAGONY .
5' CLEAR TRUNK MIN
m
E4
EXISTING PARK9440J
.f
mubt 6ne"
` 50'-d` FtTY LINE
_dEX)STJNG ALMOND a_
' (TYPICAL)
. _ O
r
o a .
EXISTING COMMON
d) W ARELIA HEDGE
EXIST) G SOD v
i d
rn
i
tD
r
EXISTING
t o LINK FENC E
—EXISTING PULE LAMP
RAM
EXISTING ALUMINUM
6 O HIGH FENCE
`+ EXISTING 2-STORY
' --I Ad _ _ . DURSEY HOUSE
r -ems O
Q EXISTING'-.. SIDEWALK
-
aa
moe
OD --
KW 9th STREET
EMSTINS SILVER EXISTING 12xC CHAIN UNKSLIDE MATE
BUTTONWOOD HEDGE 20x6 CHAIN
i --
--SAPAi3lLLA TREE (TYPICAL)
LINK -SLIDE
0 GATE
SITE PLAN
I -zoo
Exhibit C
In order to minimize any disruption of the Lessee's use of the Premises the Landlord warrants and
guarantees the following repairs to the Premises will have performed on or before June 1, 1998:
• All of the walls will be plastered, scraped, and sanded where needed.
• All of the walls will be uniformly painted.
• All doors and moldings will be free from paint.
• All doors and moldings will be touched up where needed.
• All electrical outlets will require plates.
• All broken windows will be replaced.
• The front door window will be replaced with a clear plexiglas.
• The alarm system will be operational and connected with a company who will dispatch the police
department directly to the Premises.
• All turn locks will be replaced by dead -bolt locks.
• All torn and unattached screening will be repaired.
• A security buzzer will be installed on the front door.
• All outdoor lighting will be operational.
• All restrooms within the Premises will be operational.
• The exterior of the Premises, more specifically the lawn, will be free from debris and re -sodded.
Furthermore, any future repairs to the Premises, with the exception of air conditioning repairs, will be done
within Five (5) days of Tenant's request for repair. Any repairs required to be performed on the air
conditioner will be done within 24 hours of Tenant's request for repair.
98- 513
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO: The Honorable Mayor and Members
of the City Commission
FROM
Jose Garcia -Pedrosa
City Manager
RECOMMENDATION:
CA=21
DATE : May 26, 1998 FILE
SUBJECT: Lease Agreement between the
City of Miami and the Black
Archives History and Research
REFERENCES: Foundation of South Florida, Inc.
ENCLOSURES: City Commission Agenda
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 the Black Archives History and Research Foundation
of South Florida, Inc., a Florida Corporation. This Agreement is for the use of
approximately 1,534 square feet of office and classroom space for the Office of Workforce
Development. It will be located at 250 N.W. 91h Street, Miami, Florida. The terms of the
Agreement include a monthly fee of $1,000.00, a One year term with Three One-year
options, and terms and conditions as more particularly set forth in the Agreement.
BACKGROUND:
The opening of the City of Miami Office of Workforce Development in the Overtown Area
from which to provide expanded services is necessary to meet grant funding requirements.
The Office of Workforce Development has determined that the space located at 250 N.W.
9th Street, Miami, FL is suitable for the requirements of their program. All costs
associated with this lease and expansion of services will be paid from grant sources and
will not require a contribution from the general fund.
Highlights of the Agreement are as follows:
Use Period: Commences June 1, 1998 and terminates on May 31, 1999.
Options: Three One -Year options automatically renewed. Lessee may elect not
to extend by providing the Lessor not less than one month's notice.
Use Fee: $1, 000.00/mo. ($12, 000.00/yr)
$7.82 per square foot
Utilities: All utilities, with the exception of telephone, will be paid by Lessor.
Adjustment to
Monthly Fee: None.
98-- 513
Honorable Chairman and Members
of the City Commission
Page 2
Security Deposit: None.
Taxes: All Taxes will be paid by Lessor.
Repairs: All repairs shall be the responsibility of the Lessor unless such repair
is necessitated by the negligence or willful misconduct of the Lessee.
Comparable Rates: Not available in the immediate area.
List of Officers: Carmetta C. Russell, Chairman of the Board
Garth C. Reeves, Vice Chairman
M. Athalie, Member at Large
Theodora W. Cooper, Treasurer
Dorothy Jenkins Fields, Registered Agent
�"0I
JGP:CMC:DB: City Commission -Cover Memo.doc
c: Christina Cuervo, Assistant City Manager
Dena Bianchino, Director
Office of Asset Management
98— 513