Loading...
HomeMy WebLinkAboutR-94-0621J-94-734 8/26/94 Y RESOLUTION NO. 9 46 21 ,'A RESOLUTION, WITH ATTACHMENTS, AUTHORIZING 'THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH GROVITES UNITED TO SURVIVE ("GUTS"), FOR THE USE BY THE CITY OF THE SPACE AT 3686 GRAND AVENUE, MIAMI, FLORIDA, AS A RECREATIONAL FACILITY, AND PROVIDING THAT THE USE OF SAID SPACE SHALL BE AT AN INITIAL COST OF $800.00 PER MONTH; ALLOCATING FUNDS THEREFOR FROM THE LAW ENFORCEMENT TRUST FUND, SUCH EXPENDITURE HAVING BEEN CERTIFIED BY THE CHIEF OF POLICE AS BEING IN COMPLIANCE WITH STATE STATUTE 932.7055. WHEREAS, the City of Miami entered into an agreement on September 28, 1988 for the premises to be used for operation of a safe recreational facility to train, coach and teach the youth of Coconut Grove the sport of boxing with proper supervision; and WHEREAS, the City is desirous of continuing to operate said boxing program from this facility; and WHEREAS, on July 14, 1994. the City Commission adopted Resolution No. 94-526 allocating funds for the initial term of this lease; 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 T i F �iliti.�iT� CO CITY Cob ►'IISSION KEETINd OF. S E P 0 8 1994 Pmc4utfon Na 94- 621 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 Grovites United to Survive ("GUTS"), for use by the City of the space at 3686 Grand Avenue, Miami, Florida, as a recreational facility, and providing that the use of said space shall be an initial cost of $800.00 per month, with funds therefor hereby allocated from the Law Enforcement Trust Fund, such expenditure having been certified by the Chief of Police as being in compliance with State Statute 932.7055. Section 3. This Lease Agreement shall be for an initial one-year period which term may be extended for three additional one year periods, upon the mutual consent of both parties. Section 4. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this _8th day of _ September 1994. 2 STEPAN P. C MAYOR AT MA Y HIRAI CITY CLERK ASSET MANAGEMENT APPROVAL: �/� EDUAJMO RODRIGUEtZ, DIRECTOR OFFI E OF ASSET MANAGEMENT & CAPITAL IMPROVEMENTS . -2- 94- 621 It PREPARED AND APPROVED BY: MIE 0. BRII ASSISTANT CITY ATTORNEY ZOB:csk:M4592 APPROVED AS TO FORM AND CORRECTNESS: adz A. If QII ORY ES, III CITY TT 94- 621 -3- Y LEASE AGREEMENT FROM GROVITES UNITED TO SURVIVE TO CITY OF MIAMI, FLORIDA FOR THE USE OF SPACE LOCATED AT 3686 GRAND AVENUE MIAMI, FLORIDA 94- 621 1 Lessor Lessee INDEX 1. TERM OF LEASE AGREEMENT 2. USE OF PREMISES 3. CONSIDERATION 4. CONDITION OF PREMISES 5. UTILITIES 6. LESSOR'S RIGHT OF ENTRY 7. MAINTENANCE 8. CONSTRUCTION, REPAIRS, ALTERATIONS AND IMPROVEMENTS 9. DESTRUCTION OF PREMISES 10. NO LIABILITY FOR PERSONAL PROPERTY 11. INDEMNIFICATION AND HOLD HARMLESS 12. LIABILITY FOR DAMAGE OR INJURY 13. INSURANCE 14. EXPIRATION OF TERM 15. DEFAULT PROVISION 16. CANCELLATION OF AGREEMENT 17. HOLDING OVER 18. ASSIGNMENT AND SUBLETTING OF PREMISES 19. SUCCESSORS AND ASSIGNS 20. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS 21. NOTICE AND GENERAL CONDITIONS 22. AMENDMENTS 23. QUIET ENJOYMENT 94- 621 2 Lessor Lessee Ll i 24. COURT COSTS AND ATTORNEY'S FEES 25. WAIVER OF JURY TRIAL 26. WAIVER 27. AVAILABILITY OF FUNDS 28. ENTIRE AGREEMENT 94- 621 3 Lessor Lessee t i LEASE AGREEMENT This Lease Agreement, made and entered into this day of , 1994, by and between the Grovites United to Survive, Inc. ("GUTS"), a for profit corporation of the State of Florida, (hereinafter referred to as "LESSOR") and City of Miami, a municipal corporation of the State of Florida (hereinafter referred to as "LESSEE"). W I T N E S S E T H That the LESSOR, for and in consideration of the restrictions and covenants herein contained, hereby leases to LESSEE for a recreational facility, and the LESSEE hereby agrees to hire from the LESSOR, the "PREMISES" described as: 3686 Grand Avenue Miami, Florida, 33133 IT IS FURTHER MUTUALLY UNDERSTOOD AND AGREED BY THE RESPECTIVE PARTIES HERETO: 1. TERM OF LEASE AGREEMENT This Lease Agreement (hereinafter referred to as "LEASE") shall commence on October 1, 1994 and shall be effective for a one (1) year period thereafter, unless terminated sooner as provided in Section 15 or Section 16 hereof. The term of this LEASE may be extended by the City Manager for three (3) additional one-year periods upon the mutual consent of both parties. 94- 621 4 Lessor Lessee B 2. USE OF PREMISES LESSEE shall use the PREMISES for the purpose of providing a recreational facility. LESSEE shall not change or modify such use without the prior consent of the LESSOR. 3. CONSIDERATION LESSEE does hereby covenant and agree to pay LESSOR as consideration for the use of the PREMISES throughout the initial term of this LEASE, the sum of eight hundred ($800.00) dollars per month, payable in advance on the first day of each month. -In the event this LEASE is extended annually for additional one year periods, said fee shall be increased by three percent (3%). 4. CONDITION OF PREMISES The LESSEE hereby accepts the PREMISES in its present condition and agrees to maintain in accordance with Section 7 hereof. 5. UTILITIES , LESSEE shall pay all charges for all utilities, including but not limited to, electricity, water, gas, telephone, garbage and sewage disposal. 6. LESSOR'S RIGHT OF ENTRY LESSEE agrees to permit LESSOR to enter upon the PREMISES during all reasonable working hours for any purpose LESSOR deems necessary to, incident to, or connected with the performance of LESSOR'S duties and obligations hereunder or in the exercise of its rights and functions. 94- 621 5 Lessor Lessee 4 7. MAINTENANCE LESSEE agrees to maintain the interior and the exterior of the PREMISES in good order and repair at all times, and in an attractive, clean and sanitary condition during the term of this LEASE or any extension or renewal thereof. LESSOR agrees to be responsible for all repairs to said PREMISES except such breakage.or damage caused by the LESSEE, its officials, agents or employees. LESSOR agrees to furnish pest control services during the term of this LEASE at the expense of LESSOR. LESSOR shall maintain the 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 or any extension or renewal thereof. S. CONSTRUCTION, REPAIRS, ALTERATIONS AND IMPROVEMENTS LESSEE agrees that no construction, repairs, alterations or improvements may be undertaken by it upon the PREMISES without first obtaining the approval of LESSOR. 9. 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 is rendered untenable or unfit for the purpose of LESSEE, either party may cancel this LEASE by giving* written notice to the other; however, if neither party shall exercise the foregoing right of cancellation within thirty (30) days after the date of such destruction or damage, the LESSOR shall cause the 94- 621 6 Lessor Lessee building and demised premises to be repaired and placed in good condition as soon as practical thereafter at no cost to LESSEE. In the event of cancellation, the LESSEE shall be liable for rents only until the date of such. fire, windstorm, or other casualty. In the event of partial destruction, which shall not render the PREMISES wholly untenable, the rents shall be proportionately abated in accordance with the extent to which the LESSEE shall be deprived of use and occupancy. The LESSEE shall not be liable for rent during such period of time as the PREMISES shall be totally untenable by reason of fire, windstorm or other casualty. 10. NO LIABILITY FOR PERSONAL PROPERTY All personal property placed or moved in the PREMISES above described, shall be at the risk of LESSEE or the owner thereof. The LESSOR shall not be liable to LESSEE for any damage to said personal property unless caused by or dueto negligence of LESSOR, its officials, agents or employees. 11. INDEMNIFICATION AND HOLD HARMLESS LESSEE shall indemnify and save -harmless the LESSOR from any and all claims, liability, losses and causes of action attributable to the LESSEE to the extent of the limitations included within Florida Statutes, Section 768.28. 12. LIABILITY FOR DAMAGE OR INJURY The LESSOR shall not be liable for any damage or injury which may be sustained by any party or persons on the PREMISES other than the damage or injury caused by the LESSOR. 94- 621 7 Lessor Lessee 13. INSURANCE LESSEE warrants that it is self -insured. Although self - insured, nothing shall relieve the LESSEE of its liability and obligations under this Section or under Section 11 or any other portion of this.LEASE, except to the extent provided by Section 768.28, Florida Statutes. The LESSOR upon request of the LESSEE, shall provide evidence of insurance coverage on the PREMISES as may be deemed acceptable by the City of Miami's Risk Management Division. LESSOR shall pay all fire insurance premiums 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. 14. EXPIRATION OF TERM LESSEE agrees to surrender to LESSOR at the end of the term of this LEASE or any extension thereof, 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, windstorm or other Acts of Gods, excepted. 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 PREMISES by it, provided the LESSEE restores the PREMISES to as good a state of repair as they were prior to the removal. 94- 621 8 Lessor Lessee W 15. DEFAULT PROVISION LESSOR shall provide LESSEE with written notice of any failure to perform or comply with the' terms and conditions contained herein to be performed by LESSEE. If LESSEE fails to cure said default within a reasonable period of time, LESSOR shall give LESSEE notice of such fact and shall have the right to terminate this LEASE without penalty. LESSEE shall provide LESSOR with written notice of any failure to perform or comply with the terms and conditions contained herein to be performed by LESSOR. If LESSOR fails to cure said default within a reasonable period of time, LESSEE shall give LESSOR notice of such fact and shall have the right to terminate this LEASE without penalty: 16. CANCELLATION OF AGREEMENT This LEASE or any extensions and renewals thereof, in addition to the termination which may result from or under the provisions of Section 15 hereof, may also be cancelled by either party upon giving sixty (60) days written notice to the non - cancelling party. 17. HOLDING OVER If LESSEE remains in possession of the PREMISES after the expiration of the term of this LEASE, or any renewal period, without a new lease reduced to writing and duly executed and delivered (even if LESSEE shall have paid and LESSOR shall have accepted rent in respect to such holding over), LESSEE shall be deemed to be occupying the PREMISES only as a LESSEE from month- 94- 621 9 Lessor Lessee to -month, subject to all covenants, conditions, and agreements of this LEASE. 18. ASSIGNMENT AND SUBLETTING OF PREMISES LESSEE shall not, at any time during the term of this LEASE, sublet any part of the PREMISES, or assign this LEASE or any portion or part thereof, except and by virtue of written authorization granted by LESSOR. 19. SUCCESSORS AND ASSIGNS This LEASE shall be binding upon the parties herein, their heirs, executors, legal representatives, successors and assigns. 20. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS Both parties hereby agree that they shall comply with all applicable laws, ordinances and codes of Federal, State and local governments as they apply to this LEASE. 21. NOTICE AND GENERAL CONDITIONS A. All notices or other communications which shall or may be given pursuant to this LEASE 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. NOTICE TO LESSOR: Grovites United to Survive Ms. Thelma Gibson 3661 Franklin Avenue Miami, FL 33133 NOTICE TO LESSEE: City of Miami City Manager 3500 Pan American Drive Miami, FL 33133 94- 621 10 Lessor Lessee t COPY TO: City of Miami Office of Asset Management & Capital Improvements 300 Biscayne Boulevard Way Suite 400 Miami, FL 33131 B. Title and paragraph headings are for convenient reference and are not intended to confer any rights or obligations upon the parties to this LEASE. C. Should any provisions; paragraphs, sentences, words or phrases contained in this LEASE be determined by a court of competent jurisdiction to be, invalid, illegal or otherwise unlawful under the laws of the State of Florida or the City of Miami, such provisions, paragraphs, sentences, words or phrases shall be deemed modified to the extent necessary in order to conform with such laws, and the same may be deemed severable by the CITY, and in such event, the remaining terms and conditions of this LEASE shall remain unmodified and in full force and effect. 22. AMENDMENTS LESSOR and LESSEE's City Manager, by mutual agreement, shall have the right but not the obligation to amend this LEASE. Such amendments shall be effective only when signed by LESSOR and the City Manager and shall be incorporated as a part of this LEASE. 23. QUIET ENJOYMENT LESSOR covenants and agrees that so long as no default exists in the performance of LESSEE's covenants and agreements 94- 621 11 Lessor Lessee contained herein, LESSEE may peaceably and quietly hold and enjoy the PREMISES and all part thereof for that portion of the Term, free from eviction or disturbance by LESSOR or any person claiming under, by or through LESSOR. 24. COURT COSTS AND ATTORNEYS' FEES In the event that it becomes necessary for either party to institute legal proceedings to enforce the provisions of this LEASE, the prevailing party will be entitled to recover their attorney(s)' fees. 25. WAIVER OF JURY TRIAL In the event of any dispute between the parties under or arising out of this Lease, the parties waive any right to a trial by j ury. . 26. WAIVER 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. 27. AVAILABILITY OF FUNDS LESSEE's performance and obligation to pay under this LEASE is subject to the availability of funds. 94- 621 12 Lessor Lessee 28. ENTIRE AGREEMENT This LEASE represents the total agreement between the parties. All other prior agreements between the parties, either verbal or written, are superseded by this LEASE and are therefore i no longer valid. IN WITNESS WHEREOF, the parties hereto have individually, through their proper officialls, executed this LEASE the day and year first herein above written. ATTEST: By: Print Name and Title ATTEST: MATTY HIRAI CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: A. QUINN JONES, III CITY ATTORNEY GROVITES UNITED TO SURVIVE, INC. By: Signature Print name and title CITY OF MIAMI, a municipal corporation of the State of Florida CESAR H. ODIO CITY MANAGER 94- 621 13 Lessor Lessee CITY OF MIAMI, FLORIDA INTEROFFICE MEMORANDUM TO : The Honorable Mayor and Members DATE of the City Commission SUBJECT: FROM : koer REFERENCES: CesarOdiocity ENCLOSURES: RECOMMENDATION: q11^ 1 - FILE Lease Agreement with Grovites United to Survive It is respectfully requested that the City Commission adopt the attached Resolution authorizing the City Manager to execute a lease agreement, in substantially the attached form, with Grovites United to Survive ("GUTS"), for use by the City of the space at 3686 Grand Avenue, Miami, Florida, for a recreational facility; providing that the use of said space shall be at an initial cost of $800.00 per month, with funds therefor allocated from the Law Enforcement Trust Fund, such expenditure having been approved by the Chief of Police. BACKGROUND: The Office of Asset Management and Capital Improvements has prepared the attached item for consideration by the Commission. The City initially entered into a lease agreement on September 28, 1988 for a four year period .for the premises located at 3686 Grand Avenue to be used for operation of a safe recreational facility to train, coach and teach the youth of Coconut Grove the sport of boxing with proper supervision. The initial lease agreement was for a four year period with additional renewal options available upon mutual consent of both parties at market rates. The initial term provided for the City to repair and renovate the premises at a cost not to exceed $35,000 in lieu of paying rent. In accordance with the terms of the agreement, the City Manager extended the agreement for two additional one year periods which will expire in September, 1994. The City is desirous of continuing to operate the boxing program from this facility. It is requested at this time that a new lease agretzrnent be executed for a one year period with the option to renew for three additional one year periods, upon mutual consent of both parties, at an initial fee of $800 per month. In the event this lease is extended, said fee shall be increased by 30. The agreement may be cancelled by either party upon giving sixty (60) days written notice to the non - cancelling party. 9 4 r 6 2 1