HomeMy WebLinkAboutR-96-0446RESOLUTION NO. 9 6- 446
A RESOLUTION, WITH ATTACHMENT, AUTHORIZING
THE CITY MANAGER TO EXECUTE A LEASE
AGREEMENT, IN SUBSTANTIALLY THE ATTACHED
FORM, WITH THE STATE OF FLORIDA, DEPARTMENT
OF LABOR AND EMPLOYMENT SECURITY ("STATE")
FOR THE USE OF APPROXIMATELY 2,4.14 SQUARE
FEET OF SPACE ON THE SECOND FLOOR OF THE
CITY -OWNED BUILDING LOCATED AT 1390 N.W. 7
STREET, MIAMI, FLORIDA, AS OFFICE SPACE FOR THE
STATE'S DIVISION OF JOBS AND BENEFITS, SAID
LEASE AGREEMENT TO BE AT A MONTHLY RENT OF
$1,249.25, SUBJECT TO TERMS AND CONDITIONS AS
SPECIFIED IN THE LEASE AGREEMENT.
WHEREAS, the State of Florida Department of Labor and Employment
Security ("State") is desirous of locating an office of their Division of Jobs and
Benefits at the City -owned building located at 1390 N.W. 7 Street, Miami, Florida,
in order to provide services in conjunction with the Guantanamo Refugee
Assistance Project ("GRASP"); and
I-
WHEREAS, GRASP is presently, under a Revocable License Agreement
authorized pursuant to Resolution No. 96-158, utilizing the first floor and a portion
of the second floor of said City -owned building; and
,P -1ATTACHMENT PS)
-
CITY COM USSION
MEETING OF
JU N 1 3 1996
Resolution No.
96- 4"
1
1
WHEREAS,
the City of Miami has
the remainder
of said second floor
available which is
not needed at this time
for use by any
of the City's offices or
departments; and
WHEREAS, said space is suitable for use by the State;
s.. NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
E 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 the State of Florida,
Department of Labor and Employment Security ("State") for the use of
approximately 2,414 square feet of space on the second floor of the City -owned
building located at 1390 N.W. 7 Street, Miami, Florida, as office space for the
State's Division of Jobs and Benefits, said Lease Agreement to be at a monthly
rent of $1,249.25, subject to terms and conditions as specified in the Lease
Agreement.
i Section 3. This Resolution shall become effective immediately upon its
- 2 -
.,[�x:904-487-6714 May 28 '96'\ 13:44 P.02/06
i
STATE OF FLORIDA
qW DEPARTMENT OF MANAGEMENT SERVICES
LEASE AGREEMENT
ZONE: 07 NO.t 540.1092
TMS LEASE AGR EEMENT, entered into this day of A.D.
between the City of Miami ► party of the first part, hereinafter called the Lessor
whose Federal Identification Number (F.E.I.D. or S.S.) is 59-6Q037 _ and the
State of Florida Department of Labor and Employment Security
Division of Jobs and Denefits
Bureau of
party of the second part, hereinafter called the Lessee,
WITNESSETH:
'what the Lessor, for and in consideration of the covenants and agreements hereinafter mentioned to be kept
and pperformed by the Lessee, has demised and lt.ased to the Lessee, for the term and under the conditions
hempulafter set out, those certain premises in the
(Nannc
Florida, described as follows:
(Zip
a portion of the 2nd floor located at 1390 N.W. 7th Street, Miami, Florida (SEE EXHIBIT I ATTACHED HERETO)
which shall corAtitute an aggregate area of 2,414 square feet of net rentable space measured in
accordance with the Department of Management Services' tandgLd Method of S1210 MeasuiremonL and which
comprises apppmximately _ _39.2 % of the _6.151 net square feet in the building at the rate of $6.21
per square - bot per year. The Lessor shall also provide t I par ig spaces for the nonrexclusive
use of the Lessee as part of this lease agreement. Lessee shall not be authorized to use said parking spaces during
any and all events held on Saturdays, Sundays, or weekday nights at the grange Bowl, which would require.the
use of said parldng spaces.
I
of
TEAM
TO HAVE AND TO HOLD the above described premises for a term commencing on the day
, 1996 to and including the day of , .1W.
II RENTALS
The Lessor hereby leases to the Lessee and the Lessee hereby leases from the Lessor the above described
premiss fur the te"n set out 9n this lease and the: Lessee a re,% to pay the Lessor the guns of One Thousand
Two Hundred Forty Nine and 25/100 I)otlars (049.25) per month for the rental period described
1n Article I of W.'s-lease. The rent for any fractional part of the first month shall be prorated. The rent shall be
payable the month Ulowing the month of occupancy in accordance with Section 215.422, Florida Statutes. The
rentals shall be paid to the Lessor at
Attn: Finance Department .,,—; 4�2�3-cnnR
� (Address)
j�A^
j
FM asp 0101fM
(Zip
96- 446
PASSED AND ADOPTED this 13 th day of June
APPROVED AS TO FORM AND
CORRECTNESS:
LIM
Q Nv
i
CITY ATT
0 FY
W920:csk:JOB
- 3 -
k- %Zl
GORT, VICE MAYOR
DQL-PURCHASING May 28 196 13:45 P.USiUb
)Geese No.�$40:1092
III HEATING, AIR CONDITIONING AND JANITOR SERVICES
La. The Lessor agrees to furnish to the Lessee heating and air conditionin equipment and the Lessee agrees
to maintain same in sladsfactory operating condition at all times for the leas premises during the term of the
Joao at the -expense of the Lessee.
*2. The Lessee agrees to furnish janitorial services and all necessary janitorial supplies including the
Mision of recycling trash disposal for the leased premises during the term of the base at the expense of the
ee.
3. AU services requ{red above shall be provided during the Lessee's normal working hours, which are
normally from 7:30 a.m. to 5:30 p.m., Monday through Friday excluding state bolidays,
1V L Gur E'I1ft1t M
Lit. The Lessor agrees to install in the demised premises light fixtures for the use of the Lessee.
*b. 'lire Lessee shall be responsible for replacement of all bulbs, lamps, tubes and starters used in such
fixtures for the purpose of furnishing light,
2. The Lessor certifies that the lighting levels within the demised premises are maintained at and do not
exceed the following levels: 10 footcandles in halls and corridors; 30 footcandles in other public areas; 50
footcandles in office, conference rooms, and other levels as set forth in the State Energy Management Plan,
Volume 11, Section F.
V bL4U4T'lE;'KMCE AND REPAIRS
1. The Lessee sball provide for Interior maintenance and repairs in accordance with generally accepted
good practices, including repainting, the replacement of worn or damaged floor covering and repairs or
replacement of interior equipment as may be necessary due to normal usage. The Lessee shall, during the term
of this lease, keep the interior of the demised premises in as good a state of repair as it is at the time of the
commencement of this lease, reasonable wear and tear and unavoidable casualties excepted,
2. The Lessee shall maintain and keep in repair the exterior of the demised premises during the term of
this lease and shall be responsible for the replacement of all windows broken or damaged in the demised
premises.
3. Ito Lessee shall maiaWm the interior and exterior of the demised premises including grounds and
parking area 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 this lease and any renewal periods.
4, The Lesseo agrees to furnish post control services for the leased premises during the term of the lease
at the expense of the Lessee.
That the Lessee will promptly pay all gas, water, sewer, solid waste, power and electric light rates or
charges which may .become payable during the term of this lease for the gas, water, sewer and electricity used
and disposal of solid waste generated by the Lessee on the premises, --_� � n - _„
__ .. • • . t__ ..:1 L. T .. ena ..1.. T and
a -low Ruttyr MUZ .-
!y, I Des
YlI Af{ (pOIW�)
96- 446
DOL-PURCHASING
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Lease No. 540:1092
'V 11 ALTEItATIONS
Tile Lee* shall have the right. to mako any alterations in and to the detnisod prerniaes during the term. of
this lease upon first having obtalned .the written consent thereto of the Lessor, The Lessor shall not capriciously
withhold the consent to any such alterations.
VM INJMY OR DAMAGE TO PROPERTY ON PREMISES
That all property of any kind that may be on the premises during the continuancy of this lease shall be at
the sole risk of the Lessee, the Lessor shall not be liable to the Lessee or any other person for any injury, loss
or damage to property or to Any person on the premises.
XX ME AND OTMR M ZARDS
1. The Lessee shall provide for fire protection during the term of this lease in accordance with the -fire-
safety standards of the State Fire Marshal. The Lessee shall be responsible for maintenance and repair of all fire
protection equipment necessary to conform to the requirements of tho State Fire Marshal. The Lessor agrees that
the demised premises shall be available for Inspection by the State Fire Marshal, prior to occupancy by the
Lessee, and at any reasonable time thereafter.
2. The Lessor cardfiies that no asbestos was used in the construction of the demised premises or that If
asbestos was used, actions have been completed to correct the hazards caused by the use of asbestos.
3. The Lessor certifies that if any radon is present, it is at a measurement level less than 4 PML,
X WiTIRAT1011 OF TERM
At the expiration of the term, the Lessee will peaceably yield up to the Lessor the demised premises In good
and tenantable repair. 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 promises by it, provided the Lessee restores the premises
to as good a state of repair as they were prior to the removal.
Ya NOT CONSENT TO RM
The provisions, terms or conditions of this lease shall not be construed as a consent of the State of Florida
to be sued because of said lease hold.
XII WAIVER OF DEFAULTS
The waiver by the Lessor of any breach of this lease by the Lessee shall not be construed as a waiver of any
subsequent breach of any duty or covenant imposed by this lease.
96- 446
DOL-NUKUIHSING Fax:904-W--be14 May lid -9b 13:4b F. USiUb
VH RIGHT OF IMS041;.' "&Sk�ga fie' ` s40;1
092
: Tbi Lessor, at RU reasonable times, may enter into .and upon the demised premises for the purpose of
viewiang• the same and for the purpose of making any such repairs as they are required to make under the terms
of this lease.
N IV BREACH OF COVENAId'1!
These presents are upon this condition, that, except as provided in this lease, if the Lessee shall neglect or
fail to perform or observe any covenant herein contained, which on the Lessee's part is to be performed, and such
default snail continue for a ppeerrlod of thirty (30) days after receipt of written notico thereof from the Lessor to
the Lessee, then the Lessor lawfully may, immediately, or at any time thereaftet, and without further notice or
demiad, Cater Into and upon the demised premises, or anyy ppart thereof, and repossess the same as of their former
estate and expel the Lessee and remove its effects forcefully, if necessary, without being taken or deemed to be
gull�y of any manner of trespass and thereupon this demise shall terminate but without prejudice to any remedy
which might otherwise be used by the Lessor for arrears of rent or for any breach of the Lessee's covenaW.
herein contained.
XV ACBN0V4MXMM OF ASSXGNN Uff
Itat the Lessee upon the request of the Lessor shall execute such acknowledgment or acknowledgments, or
any assiggttttmebt, or asswlgnments, of rentals and profits trade by the Lessor to any third person, firm or
ci rporation, provided that the Lessorwill not make such request uniess required to do so by the Mortgagee under
a wort e,, or mortgages executed by the Lessor.XVY T , INSURANCE AND COMMISSIOiNS
1. Lesseeshali pay their prorate share of real estate taxes when assessed an the demised premises.
2. Les'see-shall pay the fire insurance premiums , which costs have been included in the rental rate, on the
demised premises. Lessor shall not be liable to carry fire insurance on the person or property of the Lessee or
any other person or property which may now or hereafter be placed In the demised premises.
3. Lessor agrees, covenants, certifies and warrants to Lessee that no portion of the rent payable pursuant
to Article 11 of this Lease ,,g�ree=t is at an increased rate, above the going rate of the building, based on or
attributable to any commission or fee which Is paid or is payable by Lessor as the result of Lessor's having
utilized or contracted for the services of any real estate broker, salesman, agent or firm in any aspect of Lessor's
dealings or any dealings involving the leasing of the demised promises to Lessee.
XVII AVAILABHJTY OF FUNDS
pppp The State of Florida's performance and- obligation to pay under this contract is contingent upon an. annual
?iVillprlUby e. F.S. 255.2502.
USE OF PRE WISES
The Lessee will not make or suffer any unlawful, improper or offensive use of the premises or any use or
occupancy thereof contrary to the laws of the State of Florida or to such Ordinances of the City and/or County
In which the demised premises are located, now or hereinafter made, as may be applicable to tho Lessee.
M ]HGII'I' TO TESMINATE
Either party shall have the right to terminate, without penalty, upon giving thirty (30) days advance written
notice to the non -cancelling party by Certified Mail, Return Receipt Requested.
XXII NOTICES AND INVOICES
All notices required to be served upon the Lessor shall be served by Registered or Certified Mail, Return
Receipt Requested, at
and all notices required to be served upon the Le
Receipt Requested, at the address of the Lessee at
shall be served by Registered or Certified
invoices, in triplicate, shall be submitted monthly to: NIA
96- 446
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X IE[ IlMNMON OlF TE
Play ZU - 00 10 :4 r t'. UO/ Vo
Lease N' , 540:1092
(a) The terms "low " 'lease agreement," or' "agreement" shall be inclusive of each other and shall also
faclude any renewals, extensions or modifications of this lease.
The terms "Lessor" and "Lessee" shall include the successors and assigns for the parties hereto.
6) The singular shall include the plural and the plural shall include the singular whenever the context so
requires or pecni ts.
XXIV ADDITION" TUNS
(Check One)
All additional covenants or conditions appear on attached Addendum(&)
X No additional covenants or conditions form a part of this lease.
INT'Wr'rNESS WHIMW F! the pparties hereto have hereunto executed this instrument for the purpose herein
expressed, the day and year above. written.
AI�,''LEAW SMAI,Y.:NOT RECOME LEGALLY EPFECTIVE>~.'N'1C"IL Ai�pItUVF�/ACC�1'�D BY TM
DEPARTMENT OF MANAGEMENT SERVICES.
ORIGINAL SIGNATURES REQUIRM ON ALL COPIES
It Leaar b an ladlvidual:
Signed, sealed and delivered In
tht+ prows oft
AS TO LESSOR
It Lsasor Is a Corp0M9i,: Partnership, Trust, etc:
Signed, sealed and "vered In the preaeace of.
Signed, sealed and delivered In
the presence of
AS TO LESSEE
APPROVAL AS TO CONDITIONS AND
NEED THEREFORE
DEPARTMENT OF MANAGEMENT SERVICES
NAME OF. LESSOR:
(SEAL)
(SEAL)
Name ofCurpo ratiuu, Pirrtuership, Trust, etc:
City ei114'a81gi, a municipal corporation
(SEAL)
Cesar H. Mop City manager
ATTEST:
LESSEE:
STATE OF FLORID
DEPARTMENT OF LABOR AND EMPLOYMENT
SECURITY
7 Ther`T3esn red"
Agency llftd
APPROVED AS TO FORM AND LEGALITY,
SUBJECT ONLY TO FULL AND PROPER
EXECUTION BY THE PARTIES.
GENERAL COUNSEL
DEPARTMENT OF LABOR AND EMPLOYMENT
S'PrCURITY
Approval Date
96- 446
StGVND I-LOOR PLAN
dtr r rtYn.ttwia. y • L'-0' IZEALiOR --- AS B JILT PLAN i