HomeMy WebLinkAboutR-96-0392RESOLUTION NO. 9 6— 392
A RESOLUTION, WITH ATTACHMENT, AUTHORIZING THE CITY
MANAGER TO ENTER INTO AN AGREEMENT, IN
SUBSTANTIALLY THE ATTACHED FORM, WITH THE EQUITABLE
LIFE ASSURANCE SOCIETY OF THE UNITED STATES
("EQUITABLE"), FOR THE USE OF 5,775 SQUARE FEET OF OFFICE
SPACE WITHIN THE OMNI INTERNATIONAL MALL, 1601
BISCAYNE BLVD., MIAMI, FLORIDA, AT NO COST TO THE CITY
OF MIAMI.
i WHEREAS, Equitable has offered the City of Miami Police Department the use of 5,775
square feet of office space within the Omni International Mall; and
WHEREAS, Equitable has further agreed not to charge the City of Miami for rent or
utilities and to spend up to $100,000.00 to refurbish said space; and
WHEREAS, the Miami Police Department will operate a police sub -station in the space;
and
WHEREAS, the space will be staffed with personnel from the Downtown N.E.T. Service
Area, the Gang Unit, the Canine Unit and one Public Service Aide; and
WHEREAS, the space will be staffed a minimum of forty (40) hours per week; and
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NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF
ATTACHMENT
CONTAINED
CITY COMMISSION
MEETING OF
J U N 13 1996
Resolution No.
99- 392
G
1 BUDGETARY REVIEW:
- 2 -
APPROVED AS TO FORM AND
CORRECTNESS:
A. Q J , III
CITY ATTObXEY
96- 392
Jr
Control ` : 960015
OMPASS
RETAIL, INC.
SPECIALTY T.TCF.NSE AGREEAHL\jT
This Specialty License Agreement ("Agreement") is intended to embody the terms and provisions pursuant to which Compass Retail, Inc., as Agent for
The Equitable Life Assurance Society of the United States ("Licensor"), shall grant to The City of Miami (Corporate Name - "Licensee"), having a
notice address and telephone number of PA Ttnv 330701t Mlamh FL 33233-MnR (305) 250 Ci-Sd00, and doing business as TP y of MIMI
Pnl nPpartmed ("Trade Name"), the nnntrancfPrnhtn right and revocable permission for the temporary use and right to occupy certain premises
("Licensed Anew'), containing approximately 5,215squar8frr2, located at Omni International Mall ("Center"), the address and telephone number of which
am 1601 Biscayne Blvd., Miami, FL 33132, 305/374-6664, Licensee shall occupy from the Licensed Area In -Line location. The LICENSED AREA is
designated on the leaso plan of the center attached as exhibit "A", on IPV'Pi Grnnnrl, location number M. Licensed Area location is subject to the
absolute and unconditional review and approval of Licensor, which guarantees no particular location at any time during the Term (as defined hereunder).
L QmipnncyLrj= PPnril1tPd 11s The term of this Agreement ( Term") shall commence on May-4 1996 and shall expire on April 3(i, 1999,
Licensee shall ope� the Licensed Area for the sole purpose of: Pnuee ctt n-cintit)n ("Licensee Use"), all subject to Licensor approval and for no other
Purpose whatsoev r
Il Spestnlfy T.irenee Payment Terms Licensor and Licensee hereby acknowledge and agree that the Licensee shall not be required to make any payments
(mcludirig, without limitation, rents or contributions to utilities consumed within the Licensed Area) to Licensor for the use and occupancy of the Licensed
Area.
M. Addt tnnnt PrnvtqtnrLc The following additional provisions are hereby incorporated as a part of this Agreement:
1, TTcP of T.irenced Area
� Ml
The Licensee Use will be subject to the absolute and unconditional review and approval of Licensor throughout 6 Term. Any deviation of Licensee Use
at any time during the Term will require prior written approval of the Licensor. Further, any deviation from the items listed above without prior written
consent of the Licensor, will constitute a violation of the terms of this License Agreement.
1a
2. [ nndifinn of T.Irenced Aran
By taking possession of the Licensed Area, Licensee shall be deemed to have: inspected the Licensed Area; and Licensee shall not make any alterations,
additions or improvements to the Licensed Area without the prior written consent of Licensor and all alterations, additions or improvements made by Licensor
or Licensee, except movable equipment and trade fixtures which Licensee installed at its expense, shall become the property of Licensor and shall remain
upon and be surrendered with the Licensed Area. Licensor will spend up to one hundred thousand dollars ($100,000) in order to improve the Licensed Area
for the benefit of Licensee. These improvements will include and be limited to (see attached exhibit'A"). All materials and labor to be selected and paid
for by licensor up to a maximum cost of $100,000. Any costs incurred by Licensor over $100,000 will be paid for by Licensee. The floor plan or layout
of the Licensed Area will be agreed upon by Licensor and Licensee, both parties agreeing to be reasonable in determining the floor plan.
3. Cnvennntc of T.irensee
Licensee covenants to comply, at its sole cost and expense, with the following terms and conditions:
A. Licensee shall at all times maintain the Unit and the Licensed Area in good, Llean and safe condition and, upon the expiration of the Term, shall
return the Licensed Area to Licensor in broom -clean condition and restored to the condition existing on the date Licensee took possession, normal,
reasonable wear, an0,: tear accepted.
B. Licensee, at its sole cost and expense, shall at all times maintain all required permits and licenses and observe and comply with all laws,
ordinances, rules, regulations and code requirements imposed by applicable governmental or quasi -governmental body having jurisdiction over
lthe Licensed Area or the use thereof.
} C. Licensee shall conduct business activities from the Licensed Area in a professional, first-class and tasteful manner in accordance with Licensor's
j rules and regulations, as well as reputable business standards and practices,
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D. Licensor is not required to provide storage space for Licensee. If storage space is to be provided by Licensor, it will be subject to a separate
agreement.
E. Licensee shall staff the space with officers from the Gang Detail, Canine Unit and a part of the Patrol Section. The space shall be used as
administrative offices by approximately thirty (30) officers, eight (8) detectives and one Public Service Aide, and will be staffed a minimum of
40 hours per week.
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96- 392
'a. IrLgrt>;an�p/indpmnitr
Licensee shall maintain in full force and effect during the Term comprehensive (or commercial) general liability insurance with respect to injury and/or
death, and 'property damage insurance with respect to property damage and/or loss occurring at the Licensed Area or arising out of Licensee's use of
the Lieensod Area or otherwise arising out of any act or occurrence at the Licensed Area. Said comprehensive general liability insurance shall be in
the amount of at least ONE MILLION DOLLARS ($1,000,000.00) combined single limit, and said property damage insurance shall be in the amount
of at least FIVE HUNDRED THOUSAND DOLLARS (S500,000,00) per occurrence. The policy shall name Licensor and Compass Retail, Inc., and
any such otherparties as Licensor may reasonably designate, as additional insureds. Such policies shall include provisions that the policy may not be
canceled unless at least thirty (30) days' prior written notice Is provided to Licensor. Prior to the commencement of the Tenn, Licensee shall furnish
to tho General Nknager of the Center a certificate of insurance evidencing that such insurance is in effect. Licensee hereby waives all subrogation rights
of Licensee's insurance carrier in favor of Licensor and its partners, beneficiaries, trustees, officers, employees and agents. Licensee shall indemnify,
defend and hold harmless Licensor and Compass Retail, Inc. and their respective partners, beneficiaries, trustees, officers, directors, employees and
agents from and against any and all liability, claims, damages, costs and expenses, including without limitation, attorneys' fees, in connection with loss
of life, personal injury or damage to property arising or resulting from or in connection with Licensee's use and occupancy of the Licensed Area and
the Unit. Licensee further waives all claims against Licensor, Compass Retail, Inc., and their respective partners, beneficiaries, trustees, officers,
directors, employees and agents for inury to persons, damage to property or to any other interests sustained by Licensee or any person claiming through
Licensee resulting from any ooeurrenee in or upon the Licensed Area or the Center. Without limitation, all of Licensee's personal property which may
at any time be at, on or within, the Licensed Area shall be at Licensee's sole risk.
5. Assignment
Licensee shall not sell, assign; mortgage, pledge or in anytmanner transfer, this Agreement or any interest herein, nor sublet or license all or any
part of the Licensed Area, by operation of law or otherwise, without Licensor's prior written approval which approval may be withheld in Licensor's
sole and absolute discretion.
6. Default
In the event Eicoasee shall fail to perform promptly any of the obligations herein, shall commit an 'Event of Default" or shall fail to pay timely any
sums required of Licensee hereunder, or in the event a dispute should arise between Licensee and Licensor, Licensor may, after thirty (30) days
written notice to Licensee, cancel and terminate this Agreement and remove Licensee's improvements from the Licensed Area, all at Licensee's cost
and expense, and Licensor may pursue all rights afforded by this Agreement, at law or in equity against Licensee.
7, Micrpllnnennc
This Agreement shall become valid and effective only when executed by the Licensee as well as the Licensor. This Agreement supersedes all prior
discussions and agreements of the parties relating to the transaction represented hereby. The Agreement may be modified only by a written instrument
executed by both parties hereto.
8, Tprminntlan
Licensor shall have the right to relocate the Licensed Area upon 120 days written notice in the event of any redevelopment, expansion or sale of the
property known as Qmnl international Mall_
In witness whereof, the parties hereto have executed this Agreement through their duly duthorized officers or representatives as of the day and year written
hereunder.
i.lY F' son gR
',� ahl Life Accnrnnep Snelpty of ft-UniteA S ntM
By: Compass Retail, Inc., Managing Agent
Date
UMN.SF.F.
The City dMinml
DBA: The City of Mlnmi Pollre. Dpnnrtmpnt
Signature
Title Date
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.d
96- 392
EXHIBIT A
The scope of work includes:
supplied dumpster in truck court.
1. Demolition, remove and haul debris to owner
2.. Scrape and clean 3 sets of windows to receive tint.
3. Reinstall 3 existing handrails.
4. Repair and patch miscellaneous drywall damage on walls and ceiling.
.5. Pill in "tees" above sliding glass doors and paint.
6. Replace damaged and dirty ceiling tile. No grid replacement.
7. Prep and paint walls. Repair frayed wallpaper. Paint linear diffusers.,.
8. Paint only "bad areas" of existing popcorn ceiling and duct work.
9. Paint over fabric panels and use Kilz where required..,,,
10. Paint 3 handrails. Paint front double wood door.
11. hfisc. Repairs: re -hang bathroom artition, re -hang fabric partition, furnish and
install bathroom mirror and toilet 9k top, et al.
12. Prep floor for carpet and VCT.
13. Furnish and install owner selected carpet and vinyl.
14. , Furnish and install VC`r around outside bathrooms and kitchenette area.
15. Tint all windows and glass doors with 'Solar Gard" -- Grey.
16. Clean and detail bathrooms and kitchenette area.
17. Final clean entire area.
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96- 392
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CITY OF MIAMI, FLORIDA
1
INTER -OFFICE MEMORANDUM -
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TO: The Honorable Mayor and Members DATE: FILE:
of the City Commission L,qS
SUBJECT:
Proposed Resolution
FROM: REFERENCES:
Ces Omni Use Agreement
City r ENCLOSURES:
RECOMMENDATION:
It is respectfully recommended that a Resolution authorizing the City Manager to enter into an
Agreement, with The Equitable Life Assurance Society of the United States, for the use of 5,775
square feet of office space, at no cost to the City of Miami for rent or utilities, located within the
Omni International Mall, 1601 Biscayne Blvd., be approved.
BACKGROUND:
The Equitable Life Assurance Society of the United States ("Equitable") has offered the Miami
Police Department the use of 5,775 square feet of office space within the Omni International Mall.
They have agreed to provide this space to the City of Miami at no cost for rent or utilities.
Equitable has further agreed to spend up to $100,000.00 to refurbish the space.
The Miami Police Department will operate a police sub -station within the space. It will be used
primarily as administrative offices by personnel from the Downtown N.E.T. Service Area, the
Gang Unit, the Canine Unit, and one Public Service Aide. The Police Department anticipates the
space will be staffed a minimum of 40 hours per week.
96- 3921