HomeMy WebLinkAboutR-94-0620i
J-94-736
8/29/94
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RESOLUTION NO. 9 ` 620
A RESOLUTION, WITH ATTACHMENT, AUTHORIZING
THE CITY MANAGER TO EXECUTE A LEASE
AGREEMENT, IN SUBSTANTIALLY THE ATTACHED
FORM, WITH METROPOLITAN DADE COUNTY
("LESSEE") FOR THE RENTAL OF 4,088 SQUARE
FEET OF SPACE IN THE OVERTOWN SHOPPING
CENTER, LOCATED AT 1490 NORTHWEST 3RD AVENUE,
MIAMI, FLORIDA, FOR A TERM OF THREE YEARS
FROM JULY 23, 1992 THROUGH JULY 22, 1995, AT
$5.25 PER SQUARE FOOT IOR A TOTAL ANNUAL RENT
OF $21,462 AND PAYABLE WITH AN INITIAL LUMP
SUM OF FORTY TWO THOUSAND, NINE HUNDRED
TWENTY FOUR DOLLARS ($42,924.00), FOR THE
PERIOD FROM JULY 23, 1992 TO JULY 22, 1994,
WITH THE REMAINDER OF THE TERM PAYABLE IN
TWELVE EQUAL MONTHLY INSTALLMENTS OF
$1,788.50; AUTHORIZING THE CITY MANAGER TO
GRANT LESSEE THE OPTION TO EXTEND SAID LEASE
FOR AUTOMATIC ONE (1) YEAR PERIODS, UPON THE
SAME TERMS AND CONDITIONS, EXCEPT FOR
POSSIBLE RENTAL INCREASES AS SPECIFIED
HEREIN.
WHEREAS, the City of Miami is ooncerned for the welfare of
its residents, some of whom require special youth and family
services; and
WHEREAS, from 1988 to the present, Metropolitan Dade County
(the "County") has .operated its Youth and Family Services in two
spaoes under two separate leases in the Overtown Shopping Center
(2,172 square feet in space 105, and 1,265 square feet in spade
108); and
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94- 620
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WHEREAS, 'the two spaces_ were improved by the County and
consolidated in 1990 for a total of 4,088 square feet; and .
WHEREAS, both leases and the respective extensions expired
on July 22, 1992; and
WHEREAS, on September 7, 1993, by Resolution No. 93�-518, the
City Commission authorized the City Manager to execute a new
Lease Agreement for an initial term from July 23, 1992 through
July 22, 1993; and
WHEREAS, the County desires to continue leasing said spaces
under renegotiated lease terms for a term commencing July 23,
1992 and terminating July 22, 1995 with an initial lump sum
payment of Forty Two Thousand, Nine Hundred Twenty Four and
00/100 Dollars ($42,924.00) for its occupancy of the consolidated
space and common areas totalling 4,088 square feet from July 23,
1992 to July 22, 1994, and with the remainder of the term payable
in 12 equal monthly installments of $1,788.50, for an annual
total of $21,462; and
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 ("Lease"). in substantially the
attached form, with Metropolitan Dade County ("Lessee") for the
rental of 4,088 square feet of space in the Overtown Shopping
94- 620
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Center, 1490 N.W. 3rd Avenue, Miami, Florida, for a term of three
years from July 23, 1992 through July 22, 1995 at $5.25 per
square foot for a total annual rent of $21,462, payable with an
initial lump sum of Forty Two Thousand, Nine Hundred Twenty Four
and 00/100 Dollars ($42,924.00) for occupancy of the premises
from July 23, 1992 to July 22, 1994, with the remainder of the
term payable in twelve equal monthly installments of $1,788.50.
Section 3. The City Manager is further authorized to
grant the Lessee options to extend the Lease for automatic one
(1) year renewal periods, upon the same terms and conditions,
subject to possible renegotiation of the rental amount which
would allow for a maximum annual increase of five percent (5%) of
the previous year's rent.
Section 4. This Resolution shall become effective
immediately upon its adoption.
PASSED AND ADOPTED this 8th day of September 1994.
•
ST PHEN P. CLARk, MAYOR
ATT T:
NATTY HIRAI
CITY CLERK
PREPARED AND APPROVED BY:
JULIE O. BRU
ASSISTANT CITY ATTORNEY
APPROVED AS TO FORM AND
CORRECTNESS:
. O '
A. QUNNJ S
CITY ATTO Y
JOB:csk:M4597
-3-
94- 620
LEASE AGREEMENT
THIS AGREEMENT made on the day of , 19 , by and between the City of Miami,
hereinafter called the "LANDLORD," and DADE COUNTY, a political subdivision of the State of
Florida, hereinafter called the "TENANT,"
That the LANDLORD, for and in consideration of the restrictions and covenants herein
contained, hereby leases to the TENANT and the TENANT hereby agrees to hire from the LANDLORD
the premises described as follows:
Approximately 4,088 square feet of space in combined spaces 105 & 106 located in the
Overtown Shopping Center, 1490 NW 3 Avenue, Miami, Florida.
TO HAVE AND TO HOLD unto the said TENANT for an initial term of three (3) years,
commencing July 23, 1992 and terminating July 22,1995. The TENANT will pay, within thirty (30)
days after approval of this Lease, a lump sum of Forty Two Thousand Nine Hundred Twenty -Four
Dollars and No/100 ($42,924.00), for occupancy of premises from July 23, 1992 to July 22, 1994. The
remainder of the term will be payable in twelve (12) equal monthly installments of One Thousand Seven
Hundred Eighty -Eight Dollars and 501100 ($1,788.50), payable in advance on the first day of every
month to the City of Miami as is outlined in ARTICLE )MX "NOTICES," or at such other places and to
such other person as the LANDLORD may from time to time designate in writing. The monthly
installments will be prorated if the Agreement is canceled prior to the end of a monthly rental period.
Any rent payment becoming due subsequent to the date of execution of this Lease Agreement shall be
subject to interest at one point above the prime interest rate from the date such rent is due until such time
as the rent payment is actually received by the LANDLORD.
Property #4116-00-00
94- 620
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IT IS FURTHER MUTUALLY UNDERSTOOD AND AGREED BY THE RESPECTIVE
PARTIES HERETO:
ARTICLE I
The area of the demised premises shall be used by the TENANT for the County's Department of
Youth and Family Development and for the performance of work incidental thereto. If, during the
period of this Lease Agreement, TENANT wishes to change the nature of the Youth and Family
Services Program, prior approval shall be obtained from the City Manager.
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The TENANT hereby accepts the premises in the condition they are in at the beginning of this
Lease and agrees to improve and keep the premises in a state of good repair and suitable for usage by the
TENANT, and will at TENANT's sole cost and expense assure the total responsibility for the
maintenance of the premises in the same condition, cleanliness, state of appearance, and repair as said
premises were at the commencement of this Lease.
The TENANT, during the term hereof, shall pay all utility charges including but not limited to
charges for water, waste disposal services, electricity and telephone charges used by TENANT.
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The LANDLORD agrees to maintain and keep in good repair, condition, and appearance during
the term of this Lease, or any extension or renewal thereof, the exterior of the building. The TENANT
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agrees to maintain, at TENANT's sole cost and expense, and keep in good repair, condition, and
appearance during the term of the Lease the interior of the demised premises, including the following:
Plumbing and electrical lines, fixtures, equipment, and lavatories;
Air-conditioning equipment;
Roof and roof leaks; however, TENANT shall not be responsible for replacement.
or for major repairs of the roof;
Windows, doors, and frames, overhang door;
Fire equipment including inspection as required by applicable fire codes.
The TENANT shall be responsible for the interior of the demised premises, including janitorial
and custodial services, installation and maintenance and all charges for telephone services.
CA
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The TENANT may not make any alterations, additions, or improvements in or to the premises
without the written consent of the LANDLORD. All such alterations, additions, or improvements shall
be at the TENANT's sole cost and expense.. All additions, fixtures, or improvements (except but not
limited to store and office furniture and fixtures which are readily removable without injury to the
premises) shall be and remain a part of the premises at the expiration of this Lease. Subject to the above,
any removable partitions installed by the TENANT within the demised premises shall remain the
TENANT's property and may be removed by the TENANT upon the expiration of the Lease Agreement
or any renewal or cancellation thereof.
In the event the demised premises should be destroyed or so damaged by fire, windstorm, or
other casualty to the extent that the demised premises are rendered untenantable or unfit for the purpose
of the TENANT and cannot be restored within thirty (30) days from the date of damage in
LANDLORD's reasonable opinion, then either party may cancel this Lease by the giving of written
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notice to the other. However, if neither party shall exercise the foregoing right of cancellation within
sixty (60) days after the date of such destruction or damage, the LANDLORD shall cause the exterior of
the building to be repaired and TENANT shall cause the demised premises to be repaired and placed in
good condition as soon as practical thereafter.
The LANDLORD understands, recognizes, and warrants that all common areas are, and shall at
all times be maintained, in accordance with the requirements for disabled individuals presently contained
in the Americans with Disabilities Act of 1991 (the "ADA') and Section 553.501 et seq. of the Florida
Statutes, and with these as they may be hereafter amended.
The LANDLORD recognizes and agrees that throughout the term of the Lease, the County may
in its discretion change its employees or programs which operate from the leased premises. The
LANDLORD agrees that the County may, at County's expense and subject to the City Manager's
approval and consent, make such changes to the leased premises or the access thereto as may be required
by the County to accommodate disabled individuals or to provide program accessibility in connection
with any such change in the County programs or work force.
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All personal property placed or moved in the premises above described shall be at the risk of
TENANT or the owner thereof. The LANDLORD shall not be liable to TENANT for any damage to
said personal property unless caused by or due to the negligence or willful misconduct of LANDLORD,
LANDLORD's agents or employees, independent of any County negligence.
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ARTICLE IX
SIGNS
Exterior signs will be of the design and form of letter, size, color, and actual wording acceptable
to the LANDLORD. The cost of signs shall be paid by the TENANT. All signs shall be removed at
the termination of this Lease and any damage or unsightly condition caused to building because of or
due to said signs shall be satisfactorily corrected or repaired by TENANT, within a reasonable period of
time.
ARTICLE X
LANDLORD or any of its agents shall have the right to enter said premises during all reasonable
working hours to examine the same or to require the TENANT to make such repairs, additions, or
alterations as may be deemed necessary for the safety, comfort, or preservation thereof of said building
or to exhibit said premises and to put or keep upon the doors or windows thereof a notice "FOR RENT'
at any time within sixty (60) days before the expiration of this Lease.
ARTICLE XI
LIABILITY FOR DAMAGE OR INJURY
The LANDLORD shall not be liable for any damage or injury which may be sustained by any
party or person on the demised premises other than the damage or injury caused by the negligence of
LANDLORD, subject to all limitations of Florida Statutes, Section 768.28.
Subject to the terms, conditions, and covenants of this Lease, LANDLORD agrees that TENANT
shall and may peaceably have, hold, and enjoy the premises above described, without hindrance or
molestation by LANDLORD.
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TENANT agrees to surrender to LANDLORD at the end of the term of this Lease, or any
extension thereof, or upon cancellation of this Lease as provided elsewhere in this Agreement, said
leased premises in as good condition as said premises were at the beginning of the term of this Lease,
ordinary wear and tear and damage by fire and windstorm or other Acts of God excepted.
The COUNTY does hereby agree to indemnify, defend, and save the LANDLORD harmless, to
the extent permitted by Florida Statutes, Section 768.28, from any and all claims, liability, losses, and
causes of action for loss or damage to the property of either party hereto or of third persons and for
injuries to, or death of any person, which may arise as a result of TENANT's negligence in connection
with the TENANT's occupation or use of the demised premises.
It is hereby covenarited and agreed between the parties that all covenants, conditions,
agreements, and undertakings contained in this Lease shall extend to and be binding on the respective
successors and assigns of the respective parties hereto, the same as if they were in every case named and
expressed. Any assignment of this agreement by the TENANT will require the prior written approval by
the City Manager.
The TENANT covenants that this Lease is and at all times shall be subject and subordinate to the
lien of any mortgages now existing or which the LANDLORD or any subsequent owner of the demised
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premises shall make covering said demised premises, or the building of which said premises are a part,
and to any and all advances made or to be made under said mortgage or mortgages and to the interest
thereon.
Provided this Lease is not otherwise in default, the TENANT through its County Manager or his
designee, is hereby granted the option to extend this Lease for automatic one (1) year renewal periods,
upon the same terms and conditions, except said renewals may be subject to renegotiation at the City
Manager's option with a maximum annual increase of five percent (51%) of the previous year's rent,
increases to be capped at five percent (5%) each renewal period, by giving the LANDLORD notice in
writing at least sixty (60) days prior to the expiration of this Lease or any extension thereof.
ARTICLE XVIII
CANCELLATION
Either party, the TENANT, through its County Manager or his designee, and the City, through its
City Manager or his designee, shall have the right to cancel -this Lease Agreement after the initial lease
term by giving the other party at least one hundred and twenty (120) days' written notice prior to its
effective date. TENANT agrees to return the premises to the LANDLORD in the same condition
premises existed, except for ordinary wear and tear, on the commencement date of the Lease.
►W-tl.Lei
It is understood and agreed between the parties that all notices given under this Lease shall be in
writing and delivered by certified or registered mail, return receipt requested, first class, postage prepaid,
and addressed as follows:
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IL TENANT:
Real Estate Management Section
Office of Planning and Asset Management
Department of Development and Facilities Management,
111 N.W. First Street, Suite 2460
Miami, Florida 33128
LANDLORD:
City of Miami
Director, Office of Asset Management
300 Biscayne Boulevard Way, Suite 400
Miami, Florida 33131
shall constitute sufficient notice to the TENANT, and written notice addressed to LANDLORD, and
mailed or delivered to the address as stated above, shall constitute sufficient notice to the LANDLORD,
to comply with the terms of this Lease. Notices provided herein in this paragraph shall include all
notices required in this Lease or required by law,
Since the TENANT is self insured for general liability, the City of Miami cannot be named as
additional insured. The TENANT agrees to defend all claims brought against the TENANT or the City
due to the TENANT's use and/or occupancy of the premises except for claims resulting from negligence
of the LANDLORD.
If the TENANT defaults in any of the TENANTs undertakings in this Lease, or fails to perform,
abide by or comply with any of the conditions, covenants, provisions or agreements herein set forth, or
if the TENANT abandons the premises, then and in any such event, the City Manager may, upon thirty
(30) days notice to the TENANT, terminate this Lease and declare it canceled.
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No amendments to this Lease Agreement shall be binding on either party unless in writing and
signed by both parties.
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This Lease contains the entire agreement between the parties hereto and all previous negotiations
leading thereto, and it may be modified only by resolution approved by the Board of County
Commissioners.
IN WITNESS WHEREOF, the LANDLORD and TENANT have caused this Lease Agreement
to be executed by their respective and duly authorized officers the day and year first above written.
WITNESS
WITNESS
(OFFICIAL SEAL)
ATTEST:
HARVEY RUVIN, CLERK
By:
Deputy Clerk
CITY OF MIAMI, A MUNICIPAL
CORPORATION OF THE STATE
OF FLORIDA
Cesar Odio (LANDLORD)
City Manager
APPROVED AS TO FORM AND CORRECTNESS:
JoE
CITY ATTORNEY
DADE COUNTY, FLORIDA
BY ITS BOARD OF
COUNTY COMMISSIONERS
By:
Joaquin G. Avino, P.E., P.L.S.
County Manager (TENANT)
9
94- 620
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
l
TO: Honorable Mayor and Members DATE AUG 2 5 p-94 FILE
of the City Commission
SUBJECT Resolution Authorizing
Lease with Dade County
for space in the
Overtown Shopping Center
FROM Cesar o REFERENCES : For City Commission
City Meeting of 9/8/94
ENCLOSURES.
RECOMMENDATION
It is respectfully recommended that the City Commission adopt the
attached Resolution authorizing the City Manager to execute a
Lease Agreement, in substantially the attached form, with Dade
County for the rental of 4,088 square feet in the Overtown
Shopping Center located at 1490 N.W. 3 Avenue.
BACKGROUND
Dade County (the County) has operated its Youth and Family
Services Program from 1988 through the present by occupying 2,172
square feet in space 105, and 1,265 sf in space 106, under two
separate leases in the Overtown Shopping Center. The County
improved and consolidated the two spaces in 1990, however, the
two leases and extensions expired on July 22, 1992. On September
7, 1993 by Resolution 93--51.8, the City Commission authorized the
City Manager to execute a new Lease Agreement for an initial term
from July 23, 1992 through July 22, 1993. The County desires to
continue leasing the spaces under renegotiated terms for a total
area of 4,088 sf, including the common areas, at $5.25 per sf.
for a term of three (3) years commencing July 22, 1992 and
terminating July 22, 1995. Thereafter, the County shall have the
option to extend the Lease for automatic one (1) year renewal
periods upon the same terms and conditions, except for rent which
may be subject to renegotiation at the City Manager's option with
a maximum annual increase of five percent (5%) of the previous
year's rent.
It is recommended that the City Commission adopt the attached
Resolution authorizing the City Manager to execute a Lease
Agreement with Dade County in substantially the attached form.
Within 30 days after County approval of this lease, the County
will pay a lump sum of Forty Two Thousand Nine Hundred Twenty
Four Dollars and 00/100 ($42,924.00), for its occupancy of the
premises from July 23, 1992 to July 22, 1994. The remainder of
the term will be payable in twelve (12) equal monthly
installments of One Thousand Seven Hundred Eighty Eight Dollars
and 50/100 ($1,788.50) for an annual total of $21,462.00.
enclosures: Resolution
Proposed Lease Agreement
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