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Home My WebLink AboutR-94-0233J-94- 272 3/18/94 RESOLUTION NO. 9 4` 233 A RESOLUTION, WITH ATTACHMENT, APPROVING THE SUBLEASE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN BETTER WAY AND GREATER MIAMI SERVICE CORP. FOR USE OF A PORTION OF BECKHAM HALL, LOCATED AT 810 NORTHWEST 28 STREET, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN EXHIBIT A ATTACHED HERETO, FOR THE PURPOSE OF PROVIDING SOCIAL SERVICE PROGRAMS TO LOW AND MODERATE INCOME YOUNG ADULTS BETWEEN THE AGES OF 16 TO 23. WHEREAS, the City of Miami and Better Way, Inc. entered into a Lease Agreement on May 1, 1992 for the use of space at Beckham Hall; and WHEREAS, Better Way, Inc. and Greater Miami Service Corp. (GMSC) have negotiated a sublease agreement for the use of a portion of Beckham Hall whereby GMSC will provide employment training and education to young adults; and WHEREAS, Section 15 of the Lease requires the approval of the City Commission prior to execution of a sublease agreement; 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. CONTAINED CITY COMMISSION MEETING OF APR 1 4 1a94 Resolution No. 4- 233 Section 2. The Sublease Agreement, in substantially the form attached, between Better Way, Inc. and Greater Miami Service Corp. for the use of a portion of Beckham Hall located at 810 NW 28 Street, Miami, Florida, more particularly described in Exhibit A attached hereto, for the purpose of providing social service programs to low and moderate income young adults between the ages of 16 to 23 is hereby approved. Section 3. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this 14th day of April , 1994. STEPHEIV P. CLARK MAYOR ATTES . MATTY HIRAI CITY CLERK PREPARED AND APPROVED BY: JULIE BRU ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: ,-I A zl_ A.' QUXNN JONE ; "III " CITY ATTORNT 9#4- 233 SUBLEASE AGREEMENT FROM BETTER WAY, INC. TO GREATER MIAMI SERVICE CORPS FOR THE USE OF A PORTION OF BECKHAM HALL 04- 233 INDEX 1. DESCRIPTION OF SUBLEASED PROPERTY 2. TERM OF SUBLEASE AGREEMENT 3. CITY OF MIAMI LEASE 4. USE OF PREMISES 5. LICENSES 6. CONSIDERATION 7. BETTER WAY'S RIGHT OF ENTRY 8. RENOVATION AND POSSESSION 9. CONSTRUCTION, REPAIRS, ALTERATIONS AND IMPROVEMENTS 10. CANCELLATION AND RELOCATION 11. LAWS APPLICABLE 12. UTILITIES 13. INSURANCE 14. INDEMNITY, DEFEND AND HOLD HARMLESS 15. NO LIABILITY FOR PERSONAL PROPERTY 16. DESTRUCTION OF PREMISES 17. MAINTENANCE AND REPAIR 18. ASSIGNMENT AND SUBLETTING 19. SUCCESSORS AND ASSIGNS 20. ADVERTISING 21. NOTICE AND GENERAL CONDITIONS 22. TAXES AND SPECIAL ASSESSMENTS 23. SURRENDER OF PREMISES 24. AFFIRMATIVE ACTION O;M- 233 rr�.1 25. NONDISCRIMINATION 26. AMENDMENTS 27. AWARD OF AGREEMENT 28. CONSTRUCTION OF AGREEMENT 29. SEVERABILITY 30. WAIVER 31. DEFAULT PROVISION 32. WAIVER OF JURY TRIAL 33. DRUGS AND ALCOHOL 34. PAYMENTS DUE BETTER WAY 35. PEACEFUL POSSESSION 36. ENTIRE AGREEMENT EXHIBIT A 34- 233 SUBLEASE AGREEMENT THIS SUBLEASE AGREEMENT, is made and entered into this day of , 1994, by and between BETTER WAY OF MIAMI, INC., a Florida non-profit corporation, (hereinafter called "BETTER WAY"), and GREATER MIAMI SERVICE CORPS., a Florida not - for -profit corporation, (hereinafter called "GMSC"). W I T N E S S E T H WHEREAS, BETTER WAY has possession and control of and responsibility for the premises to be Subleased hereunder, pursuant to a Lease Agreement dated May 1, 1992 (hereinafter referred to as the "LEASE") entered into between BETTER WAY and the CITY OF MIAMI (hereinafter referred to as the "CITY") and Metropolitan Dade County, Florida; NOW, THEREFORE, in consideration of the premises and mutual covenants herein after contained to be observed and performed, the parties hereto do hereby covenant and agree as follows: 1. DESCRIPTION OF SUBLEASED PROPERTY BETTER WAY hereby Subleases to GMSC, and GMSC hereby Subleases from BETTER WAY, that certain property (hereinafter referred to as the "PREMISES") located at 810 NW 28 Street, Miami, Florida, more specifically described in Exhibit A, attached hereto and made a part hereof, for the purpose and under the condition(s) hereinafter set forth. 2. TERM OF SUBLEASE AGREEMENT The term of this Sublease Agreement shall be for a ten (10) year period commencing on May 1, 1992 and terminating on April �4- 233 29, 2002, unless sooner terminated as provided in Sections 10, 11 and 31 hereof. During the term of this Sublease, GMSC shall make a diligent effort to relocate from this site. Provided further that if said LEASE is terminated by the CITY prior to expiration of this Sublease, this agreement shall be automatically terminated on the same date and time. 3) CITY OF MIAMI LEASE GMSC is aware of the terms and conditions of the May 1, 1992 LEASE between BETTER WAY and the CITY and Metropolitan Dade County, and agrees to abide by the terms of said LEASE. 4) USE OF PREMISES GMSC shall use the PREMISES, only and exclusively, for the purpose of providing social service programs to low/moderate income young adults between the ages of 16 to 23 including (1) physical fitness training, (2) job development and life skills instruction, (3) paid worksite experience in community services or environmental projects and (4) the operation of a child day care facility. 5) LICENSES GMSC shall acquire and pay for the necessary licenses required for the operation of the day care and shall be responsible for the payment of any and all taxes levied its operation by whatever taxing entity. Any physical improvements necessary to qualify for the license(s) shall be performed at the sole cost and expense of GMSC and in accordance with Section 9 of the Sublease. :Ja- 233 -2- 6) CONSIDERATION GMSC does hereby covenant and agree to pay BETTER WAY as consideration for the use of the PREMISES throughout the term of this Sublease Agreement, the sum of One Dollar ($1.00) per year in advance, beginning on the date hereof and on the anniversary date of each and every year thereafter. Said payment to be made to Better Way of Miami, Inc. c/o Beth Lang, Executive Director, 800 NW 28 Street, Miami, Florida 33127, or at such other place and to such other person as BETTER WAY may from time to time i designate in writing. 7) BETTER WAY'S RIGHT OF ENTRY GMSC agrees to permit BETTER WAY or his designee to enter i upon the PREMISES during all reasonable working hours, upon giving twenty-four (24) hours prior notice to GMSC, emergencies excepted, for any purpose BETTER WAY deems necessary to, incident to, or connected with the performance of BETTER WAY'S duties and obligations hereunder or in the exercise of its rights and functions. 8) RENOVATION AND POSSESSION BETTER WAY and GMSC acknowledge that the improvements in the PREMISES will necessitate renovation to conform to the South Florida Building Code. GMSC will, at its sole expense, renovate the improvements to conform with the South Florida Building Code and will utilize due diligence in the completion of all necessary renovations. GMSC shall not use the PREMISES as provided herein until GMSC has obtained a Certificate of Occupancy from the appropriate governmental agencies. 4-233 -3- 9) CONSTRUCTION, REPAIRS, ALTERATIONS AND IMPROVEMENTS GMSC agrees that no construction, repairs, alterations or improvements may be undertaken by it upon the PREMISES unless the plans: A. Are first submitted to BETTER WAY and the CITY OF MIAMI'S, Office of Asset Management and Capital Improvements Department for review; and B. Are approved by the the Executive Director of BETTER WAY and Miami City Manager, which approval shall not be unreasonably withheld. The approval by the Executive Director of BETTER WAY and the City Manager pursuant to this Section shall not relieve GMSC of its obligation to submit the plans to any department of the City or any other governmental authority having jurisdiction over them or to obtain any building or other permit or approval required by law. GMSC acknowledges that any approval given by BETTER WAY and the CITY pursuant to this Section shall not constitute an opinion or agreement by BETTER WAY or the CITY that the plans are structurally sufficient or in compliance with any laws, codes or other applicable regulations and no such approval shall impose any liability on or waive any rights of BETTER WAY and the CITY; and C. Are in compliance with all statutes, laws, ordinances and regulations of the State, Dade County, City of Miami and any other agency that may have jurisdiction over the PREMISES and PLAYGROUND AREA as they presently exist and as they may be amended hereafter. GMSC also hereby agrees to pay for and obtain :�4- 233 -4- the necessary and applicable permits in compliance with all State, Dade County and City of Miami laws, rules and regulations in connection with any repairs, alterations, additions, partitions or improvements made by GMSC to the PREMISES; and Upon the termination, cancellation or expiration of this Sublease Agreement or any extension thereof, all permanent improvements in their then existing condition, shall become the property of the CITY and no compensation will be due to GMSC. GMSC shall have the right to remove any movable personal property or fixtures that it places in or on the PREMISES. All repairs, alterations, additions, partitions or improvements must be in conformance with the provisions of Section 11 hereof. if any part of the PREMISES is in any way damaged by the removal of such items, said damage shall be repaired by GMSC at its sole cost and expense. Should GMSC fail to repair any damage caused to the PREMISES within ten (10) days after receipt of written notice from BETTER WAY directing the required repairs, BETTER WAY shall cause the PREMISES to be repaired at the sole cost and expense of GMSC. GMSC shall pay BETTER WAY the full cost of such repairs within thirty (30) days of receipt of an invoice indicating the cost of such required repairs. Failure to pay such invoice shall be sufficient cause to revoke this Sublease as provided in Section 31 below. Notwithstanding the above, this Sublease may be revoked due to GMSC's failure to repair the PREMISES as directed without the necessity of BETTER WAY repairing the PREMISES. -5- 94- 233 10) CANCELLATION This Sublease or any extensions and renewal thereof, in addition to the termination which may result from or under the provisions of Section 31 hereof, may also be terminated if mutually agreed to by both parties with a thirty (30) day written notice. 11) LAWS APPLICABLE GMSC accepts this Sublease Agreement and hereby acknowledges that GMSC'S compliance with all laws of the State of Florida, Ordinances of the City of Miami and Dade County, Florida, pertaining to the operations and maintenance of the PREMISES, including but not limited to building codes and zoning restrictions, is a condition of this Sublease Agreement, and GMSC shall comply therewith as the same presently exist and as they may be amended hereafter. 12) UTILITIES GMSC shall pay all charges for telephone, janitorial, custodial and extermination services, trash and garbage removal, water and sewer (Meter No. 18455424), and gas rendered or supplied upon or in connection with the PREMISES, including the cost of installation of any lines and equipment necessary. During the period of this Sublease Agreement, GMSC may at its option and expense install a separate electric meter. If and until the installation of a separate meter for electricity is accomplished, GMSC agrees to pay BETTER WAY for the use of 5,000 kwh per month. Oa_ 233 a After installation of separate metering, the utilities used i by GMSC at the PREMISES shall be billed directly to GMSC. The above amounts due each month for electric consumption shall be payable to BETTER WAY within thirty (30) days of receipt of invoice. By April 14, 1995, GMSC shall to obtain an update of its electric consumption to ensure appropriate distribution of billing payments. BETTER WAY may adjust the monthly electric charges upon providing thirty (30) days written notice to GMSC based upon changed circumstances including, but not limited to, changes in rates, usage by GMSC, fees and the imposition of special assessments. 13) INSURANCE Since GMSC is covered by the self insurance program of Metropolitan Dade County, for general and automobile liability and workers' compensation, a certificate of insurance cannot be issued nor can BETTER WAY be named as and additional insured. GMSC agrees to defend all claims brought against GMSC, BETTER WAY or the CITY due to GMSC's use of the PREMISES. GMSC shall be required and hereby agrees to pay BETTER WAY a pro-rata share of property insurance for the premises as described in greater detail by the LEASE. Such pro-rata share shall be computed as follows: Cost of Property Insurance x 24% = Amount Due to BETTER WAY 24- 233 -7- 14) INDEMNITY, DEFEND AND HOLD HARMLESS GMSC agrees to indemnify, defend and hold harmless BETTER WAY and any and all of its agents and employees, from and in connection with all claims, liability, losses and causes of action, to the extent of the limitations included within Florida Statutes Section 768.28; each party to bear its own responsibility for its own negligence. 15) NO LIABILITY FOR PERSONAL PROPERTY All personal property placed or moved in the PREMISES shall be at the risk of GMSC. BETTER WAY shall not be liable to GMSC for any damage to said personal property unless caused by or due to negligence of BETTER WAY, BETTER WAY'S agents or employees. 16) DESTRUCTION OF 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 untenantable or unfit for the purpose of GMSC, then GMSC may cancel this Sublease by giving thirty (30) day written notice to BETTER WAY and CITY. In the event GMSC exercises its option to cancel this Sublease due to damage or destruction of its PREMISES, it shall be the responsibility of GMSC to repair the damage at its expense, to the extent that insurance proceeds are inadequate, and return the PREMISES to a clean and safe condition. 94- 233 „N 17) MAINTENANCE AND REPAIR GMSC hereby accepts the PREMISES in its present condition and shall maintain the PREMISES in good order and in an attractive, clean safe and sanitary condition and shall make any necessary repairs to the improvements, at its sole cost and expense, during the period of this Sublease Agreement, or any extensions thereof or as long as GMSC continues to enjoy the privilege granted hereunder. BETTER WAY and GMSC mutually agree to share, on a pro-rata basis, the expense of major maintenance and/or repairs which impact both parties' space throughout the term of this Sublease. 18) ASSIGNMENT AND SUBLETTING GMSC shall not, at any time during the term of this Sublease Agreement, sublet any part of the PREMISES, or assign this Sublease Agreement or any portion or part thereof, except and by virtue of written authorization granted by BETTER WAY and the CITY OF MIAMI City Manager to GMSC which sublease or assignment shall be conditioned upon the proposed sublessee's or assignee's compliance with all City of Miami conflict of interest provisions and all applicable City Charter and Code provisions. 19) SUCCESSORS AND ASSIGNS This Sublease Agreement shall be binding upon the parties herein, their heirs, executors, legal representatives, successors and assigns. 94- 233 20) ADVERTISING GMSC shall not permit any signs or advertising matter to be placed on any portion of the PREMISES except with prior written approval of BETTER WAY and the CITY City Manager or his designee, which approval shall not be unreasonably withheld. All signs shall be removed by GMSC at termination of this Sublease and any damage or unsightly condition caused to building or property because of or due to said signs shall be satisfactorily corrected or repaired by GMSC. Such sign already in place shall be deemed approved upon execution of this Sublease agreement. 21) NOTICE AND GENERAL CONDITIONS A. All notices or other communications which shall or may be given pursuant to this Sublease Agreement shall be in writing and shall be delivered by personal service or by certified mail 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. Notices provided herein in this paragraph shall include all notices required in this Sublease or required by law. City of Miami City Manager Attn: Office of Asset Management 300 Biscayne Boulevard Way, Suite 400 Miami, Florida 33133-0708 94- 233 -10- Better Way, Inc. Executive Director 800 NW 28 Street i Miami, FL 33127 Greater Miami Service Corps. Executive Director 810 NW 28 Street Miami, FL 33127 B. Title and paragraph headings are for convenient reference and are not intended to confer any rights or obligations upon the parties to this Sublease Agreement. 22) TAXES AND SPECIAL ASSESSMENTS During the term hereof GMSC shall pay all charges, taxes or assessments of whatever nature lawfully levied upon or assessed against the PREMISES and improvements, property, sales, or operations thereon, including but not limited to ad valorem taxes. 23) SURRENDER OF PREMISES Upon termination of this Sublease Agreement by lapse of time or otherwise, GMSC shall promptly and peacefully surrender and deliver possession of the PREMISES to BETTER WAY in accordance with the covenants herein contained. 24) AFFIRMATIVE ACTION GMSC shall have in place an Affirmative Action/Equal Employment Opportunity Policy and shall institute a plan for its achievement which will require that action be taken to provide equal opportunity in hiring and promoting for women, minorities, individuals with disabilities, and veterans. Such plan will include a set of positive measures which will be taken to insure 94- 233 -11- nondiscrimination in the work place as it relates to hiring, firing, training and promotion. In lieu of such a policy/plan, GMSC shall submit a Statement of Assurance indicating that their business is in compliance with all relevant Civil Rights laws and regulations. 25) NONDISCRIMINATION GMSC agrees that there will be no discrimination against any person based upon race, religion, color, sex, ancestry, age, national origin, mental or physical handicap, in the use of the PREMISES and improvements thereof. It is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, BETTER WAY shall have the right to terminate this Sublease Agreement. 26) AMENDMENTS BETTER WAY, GMSC, and the CITY by mutual agreement, shall have the right but not the obligation to amend this Sublease Agreement. Such amendments shall be effective only when signed by the BETTER WAY, GMSC and the CITY Manager and shall be incorporated as a part of this Sublease Agreement. 27) AWARD OF AGREEMENT GMSC warrant that it has not employed or retained any person employed by BETTER WAY to solicit or secure this Sublease Agreement and that it has not offered to pay, paid, or agreed to pay any person employed by BETTER WAY any fee, commission, percentage, brokerage fee, or gift of any kind contingent upon or resulting from the award of this Sublease Agreement. 94- 233 -12- 28) CONSTRUCTION OF AGREEMENT i This Sublease Agreement shall be construed and enforced according to the laws of the State of Florida. 29) SEVERABILITY If any provision of the Sublease, or any paragraph, sentence, clause, phrase, or word, or the application thereof, is held invalid, the remainder of the Sublease shall be construed as if such invalid part were never included herein and the Sublease shall be and remain valid and enforceable to the fullest extent permitted by law. 30) WAIVER No waiver of any provision hereof shall be deemed to have been made unless such waiver is in writing and signed by BETTER WAY or GMSC. The failure of either party to insist upon the strict performance of any of the provisions or conditions of this Sublease Agreement 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. 31) DEFAULT PROVISION a) If GMSC abandons or vacates the PREMISES for at least a thirty (30) day period prior to the expiration of the term hereof, or b) If GMSC fails to perform, abide by or comply with any of the conditions, covenants, provisions or agreements herein set forth, and such default is not cured within thirty (30) days after written notice is given to GMSC or if GMSC within such 04- 233 -13- period has not undertaken all reasonable best efforts to cure such default as soon as reasonably practicable, then BETTER WAY, upon concurrence of the CITY Manager, shall have the option without further notice or demand to GMSC, to terminate this Sublease and said Sublease shall be cancelled, and GMSC shall vacate the premises within fifteen (15) days of CITY Manager's concurrence. BETTER WAY may then either terminate this Sublease or relet the PREMISES subject to the approval of the CITY Manager. 32) WAIVER OF JURY TRIAL BETTER WAY and GMSC mutually agree to waive a trial by jury of any and all issues arising in any action or proceeding between the parties hereto, or their successors or assigns, under or connected with this Sublease, or any of its provisions, the relationship of the parties, GMSC's use or occupancy of the PREMISES, the parties' rights thereto, and/or any claim of injury or damage and any emergency statutory or any other statutory remedy, or otherwise. 33) DRUGS AND ALCOHOL It is agreed by both parties that no alcohol, drugs or other mood altering substances or the use of same will be permitted on the premises. This will be enforced by both parties to the fullest extent possible. 34) PAYMENTS DUE BETTER WAY GMSC agrees that upon execution of this Sublease agreement by BETTER WAY, GMSC shall pay to BETTER WAY the sum of 94- 233 -14- $17,566.87, as delineated below, to compensate BETTER WAY for costs incurred as a result of GMSC's occupancy of the PREMISES for the period of May 1, 1992 through February 1, 1994: a) Cost of improvements incurred by $7,000.00 BETTER WAY to accommodate GMSC b) Sign $166.50 c) Trash and garbage removal $2,947.54 d) Electricity charges $6,447.15 e) Water and Sewer charges $1,005.68 TOTAL $17,566.87 Additionally, within thirty (30) days of execution of this Sublease agreement, GMSC agrees to pay BETTER WAY its fair share of the Property Insurance cost for this same period. BETTER WAY agrees that upon execution of this Sublease agreement by BETTER WAY, BETTER WAY shall pay to GMSC the sum of $3,066.66 to compensate GMSC for termite fumigation costs incurred for the period of May 1, 1992 through February 1, 1994. 35) PEACEFUL POSSESSION Subject to the terms, conditions and covenants of this Sublease, BETTER WAY agrees that GMSC shall and may peaceably have, hold and enjoy the PREMISES above described, without hindrance or molestation by BETTER WAY. 36) ENTIRE AGREEMENT This Sublease Agreement represents the total agreement between the parties. All other prior agreements between the parties, either verbal or written, are superseded by this Sublease Agreement and are therefore no longer valid. -15- 44- 233 IN WITNESS WHEREOF, the parties hereto have individually, through their proper officials, executed this Sublease Agreement the day and year first herein above written. ATTEST Print Name Print Title ATTEST Print Name Print Title BETTER WAY OF MIAMI, INC. By: Print Name Print Title GREATER MIAMI SERVICE CORPS. By: Print Name Print Title 94- 233 -16- 28th. STREET L.✓✓•v. NC N,YY l}....r, }Fr -••--- _ '�•w,i1 L.. •T.Ya lA►/n Ir'+Jl. 4Y'y✓N Yf I, j{ •♦tv �M�i� y OE"KAM till% COYPLEA I(�� 1 . � � l wl M l;�•1 l Yl pILC Cpl•�T 1'ouff h4L Tr K! 1�, �. V � i � i•IK.r H eM1f �!"»�•rl•ti1W iV �» •Y IM•IH Lesmtd •1r ----•------------- ------ ----.. � Swt � ITi•rtfJ✓lY.r1 OYlVIY K411M �Wl,t Il4T !U•p.J A' S.•+s•��!.-r rs•t!(�DU aW U:JJ'A' III&J.V rtre"r LOT (AVT JVODfYlvzol EI rt {'• z' Tj r F-t I- reF�Etir�: ' sn m ma•i rove: ac� jT !! F�Ef tQ;lfiiY ?list : ttGiC; �(F>9iM(Ik PARCEL SKETCH. •T. Yam' MOTG'! YE>tICL£ 1NSFEC7Kr7 —..r STATIuf7 AT t+ECKHus+ KpEt I U, �i LL CL FLOOR PL-Ar-J Note- Hatched area act part of leased premises. �y -Al2 CITY OF MIAMI, FLORIDA = INTER -OFFICE MEMORANDUM TO : The Honorable Mayor and Members GATE : W 31 FILE : w of the City Commission SUBJECT : Resolution Approving Sublease Agreement FROM : Ces io REFERENCES: Cit ager ENCLOSURES: RECOMMENDATION: It is respectfully requested that the City Commission adopt the attached Resolution approving the Sublease Agreement, in substantially the attached form, between Better Way, Inc. and Greater Miami Service Corp. (GMSC) for use of a portion of Beckham Hall, located at 810 Northwest 28 Street, Miami, Florida, for the purpose of providing social service programs to low and moderate income young adults between the ages of 16 and 23. BACKGROUND: The City of Miami and Better Way, Inc. entered into a Lease Agreement on May 1, 1992 (the "Lease") for the use of Beckham Hall for the operation of a shelter for the homeless. Recently, Better Way, Inc. and Greater Miami Service Corp. (GMSC) negotiated a sublease agreement for the use of a portion of Beckham Hall whereby GMSC will provide employment training and education to young adults. The term of this sublease agreement shall be for a period of ten years commencing May 1, 1992 and expiring April 29, 2002 with an annual fee of $1.00 payable to Better Way. During this term, GMSC shall make a diligent effort to relocate from this site. In addition, if the Lease between the City and Better Way is terminated prior to the expiration of this Sublease, this agreement shall be automatically terminated on the same date and time. GMSC will be required to abide by the terms and conditions of the City's Lease Agreement with Better Way. In accordance with Section 15 of the Lease, Better Way can not assign or sublease this property or portion thereof unless it is first approved by the City Commission. Therefore, it is requested at this time that the City Commission adopt the attached Resolution �..J approving the Sublease Agreement between Better Way and GMSC. �4- 233