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HomeMy WebLinkAboutR-93-0724J-93-805 11/8/93 RESOLUTION NO. 9 3- 7 2 4 A RESOLUTION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI ("CITY") AND DADE COUNTY, FLORIDA ("DADE COUNTY"), AT A MONTHLY RENTAL OF $12,000, FOR THE USE OF SPACE AT THE FORMER MUNICIPAL JUSTICE BUILDING, LOCATED AT 1145 NORTHWEST 11 STREET, MIAMI, FLORIDA, FOR THE OPERATION OF AN INTERIM CENTRAL DETENTION CENTER ("ICDC"), SAID LEASE COMMENCING DECEMBER 1, 1993, ON A MONTH -TO -MONTH BASIS. WHEREAS, the City owns the real property located at 1145 Northwest 11 Street, Miami, Florida, including the structures and improvements situated thereon; and WHEREAS, the City and Dade County agree that there is a serious need to reduce the overcrowding at Dade County's correctional facilities; and WHEREAS, said need is essential to the welfare and safety of the community, and Dade County's use of portions of the former City of Miami Municipal Justice Building as a correctional facility is vital to effective police protection for the community; and WHEREAS, said use is compatible with statewide planning for local -regional correctional programs and facilities; and �ATTAc FIIT(S) CITY COMMISSION MEETING OF NOV 2 3 1993 Resolution No, 93- 724 Ma WHEREAS, Dade County's Board of County Commissioners agrees to assume responsibility for the jail function and for the full operation and maintenance of the second floor of the South Wing of the former Municipal Justice Building and to hold the same for the term as hereinafter described in the attached agreement, subject to the conditions, covenants and agreements on the part of Dade County to be kept, observed and performed; 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 authorizedl' to execute a lease agreement, in substantially the attached form, between the City of Miami and Dade County, Florida, at a monthly rental of $12,000.00, for use of space at the former Municipal Justice Building, located at 1145 Northwest 11 Street, Miami, Florida, for the operation of an Interim Central Detention Center ("ICDC"), said lease commencing December 1, 1993, on a month -to - month basis. The herein authorization is further subject to compliance with all requirements that may be imposed by the City Attorney, including but not limited to those prescribed by applicable City Charter and Code provisions. 93- 724 -2- Section 3. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this 23rd day of November , 1993. STEPHEN P. CL RK MAYOR ATTE MAT Y HIRAI CITY CLERK PREPARED A PPROVED BY: W EN BITTNER ZSTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: A.` QUW JO E I I I CITY ATTOR M3984 -3- LEASE AGREEMENT THIS LEASE AGREEMENT entered into this day of , 19_, by and between the City of Miami, a municipal corporation of the State of Florida, hereinafter "CITY", and Dade County, Florida, a political subdivision of the State of Florida, hereinafter "COUNTY". RECITAL: WHEREAS, the CITY owns the real property located at 1145 N.W. llth Street, Miami, Florida, including the structures and improvements situated thereon (hereinafter the "PROPERTY"); and WHEREAS, the CITY and COUNTY agree that there is a serious need to reduce the overcrowding at the COUNTY's correctional facilities; and WHEREAS, this need is essential to the welfare and safety of the community, and the COUNTY's use of portions of the City of Miami Municipal Justice Building formerly called the City Jail (hereinafter the "FACILITY"), located on the PROPERTY, as a correctional facility is vital to effective police protection for the community; and WHEREAS, this use is compatible with statewide planning for local -regional correctional programs and facilities; and WHEREAS, the COUNTY's Board of County Commissioners agrees to assume responsibility for the jail function and for the full operation and maintenance of the second floor of the South Wing of the FACILITY as herein described, to have and to hold the same for the term as hereinafter described, subject to the conditions, covenants and agreements on the part of the COUNTY, to be kept, observed and performed. � i n 93-- 724 l NA - WHEREFORE, THE CITY AND COUNTY MUTUALLY COVENANT, WARRANT, REPRESENT AND AGREE AS FOLLOWS: ARTICLE I DESCRIPTION OF LEASED PREMISES The CITY hereby leases to the COUNTY and the COUNTY hereby leases from the CITY: (1) the entire Second Floor of the South Wing of the FACILITY (shown in detail on EXHIBIT "A" attached hereto), the stairwells from the First Floor to the Second Floor, and other areas on the First Floor (shown in detail on EXHIBIT "B" attached hereto) (hereinafter the "LEASED PREMISES"); and (2) parking areas on the PROPERTY (shown in shaded detail on EXHIBIT "C" attached) (hereinafter the "PARKING PREMISES"). ARTICLE II TERM AND USE The term of this Agreement shall be from month to month commencing December 1 1993. The CITY grants to the COUNTY the exclusive right to use the LEASED PREMISES and PARKING PREMISES for an Interim Central Detention Center (ICDC). The COUNTY assumes total responsibility for the complete operation and maintenance of the ICDC and shall use the LEASED PREMISES solely as an ICDC for incarceration of prisoners and persons awaiting court disposition and for no other use, and shall use the PARKING PREMISES solely for parking for the ICDC. The COUNTY agrees that all prisoners shall be booked and bail shall be arranged at a separate facility, not located at 1145 N.W. llth Street, Miami, Florida. The COUNTY shall use the FACILITY's south entrance as the main ` 2 - 93- 724 entrance, and only use the elevator entrance as a secondary means of access. The COUNTY shall not permit outside recreation activities nor erect structures on the PROPERTY at any time. The COUNTY shall install at its own option and expense, such fencing and gates as are necessary to physically segregate those parking areas designated as PARKING PREMISES and/or WASAD PARKING, as defined in ARTICLE IIA below, from those parking areas utilized by the CITY or its other tenants subject to the prior consent of the City Manager. Further, the COUNTY shall provide signage to clearly identify and separate CITY and COUNTY uses at the PROPERTY and FACILITY. The CITY shall take no action to limit the COUNTY's use of the LEASED PREMISES or PARKING PREMISES during the term of this Lease. Notwithstanding Article XIV herein, entitled "DEFAULT PROVISION", and ARTICLE XVI, entitled "CANCELLATION", which are not affected, reasonable advance written notice shall be given to the COUNTY of any proposed alteration or change of use of the CITY's portion of the PROPERTY or the FACILITY. ARTICLE IIA WASAD PARKING The COUNTY shall have further right to utilize for parking operations by WASAD that area identified as "WASAD PARKING" on Exhibit "C" attached hereto. Notwithstanding said rights, the COUNTY shall not be authorized to use any of the WASAD PARKING during any and all events at the Orange Bowl which would require the use of the property by the CITY for parking. If the CITY is - 3 - 93- 724 to use the WASAD PARKING, the CITY will give seven (7) days advance notice to the Water and Sewer Authority Department by fax. The CITY shall retain the right to reduce or terminate such parking privileges at its sole discretion. If circumstances arise in the future necessitating a change in operation and maintenance of the WASAD PARKING area then, the privilege to use the WASAD PARKING shall either be terminated upon the request of the CITY, or continued on terms requested by the CITY, without the necessity of going back to either the CITY Commission or the COUNTY Commission. ARTICLE III PREMISES RENT The rent for the LEASED PREMISES and PARKING PREMISES shall be a fixed monthly rental of Twelve Thousand Dollars ($12,000.00) per month, which shall be paid by the COUNTY to the CITY no later than the fifth (5th) day of each month. The fixed monthly rent payment will be pro -rated if the Agreement is cancelled effective prior to the end of a monthly rental period. ARTICLE IIIA TAXES AND ASSESSMENTS Any and all charges, taxes, or assessments levied against the LEASED PREMISES, PARKING PREMISES, or WASAD PARKING (while being used by the COUNTY), or levied against this Lease, shall be the responsibility of, and paid by, the COUNTY, except non - special assessment taxes levied by the CITY. 93- 724 4 ARTICLE IV CONDITION OF PREMISES The COUNTY hereby accepts the LEASED PREMISES and PARKING PREMISES in the condition they are in at the beginning of this Lease Agreement and agrees to improve and keep the LEASED PREMISES and PARKING PREMISES in good order and will assume the total responsibility for the maintenance of the LEASED PREMISES and PARKING PREMISES in the same condition of proper cleanliness, state of appearance, and repair as of the time this Lease Agreement is executed, reasonable wear and tear excepted. Any defective condition of the PROPERTY due to the use of the LEASED PREMISES, or PARKING PREMISES by the COUNTY shall be repaired by the COUNTY to the satisfaction of the CITY's Manager within ninety (90) days of being notified thereof as provided in this Lease Agreement. All of the above conditions shall apply to the WASAD PARKING while being used by the COUNTY as contemplated in Article II A. ARTICLE V ALTERATIONS All real property improvements to the LEASED PREMISES or PARKING PREMISES that have been made under prior occupancy by the COUNTY, or that will be made by the COUNTY under this Lease Agreement, shall become the property of the CITY upon the expiration of this Lease Agreement. All such past and future alterations and improvements as set forth in this provision shall be at the COUNTY's sole cost and expense and all future alterations and improvements shall be coordinated with - 5 - 93- 724 �� appropriate CITY staff after the COUNTY obtains the prior consent of the CITY's Manager or his designee. The COUNTY agrees to make any future building alterations in such a manner as to preserve direct ingress and egress to the jail facilities, without any conflict of movement or operations between the COUNTY's Corrections and Rehabilitation Department and the CITY's employees or other tenants. Separate entrances are currently provided and used for, and shall be maintained for, this purpose. ARTICLE VI UTILITIES The COUNTY during the term hereof shall be obligated for and shall pay all charges for utilities at the LEASED PREMISES, the cost of locating or relocating any utilities resulting from the COUNTY using or improving the LEASED PREMISES, PARKING PREMISES and/or WASAD PARKING, and the cost of separate metering of utilities should such metering be accomplished during the period of this Lease Agreement. Electric utilities used by the COUNTY shall be billed directly to the COUNTY. If and until the installation of separate meters for water is accomplished, the amount of $5,000 per month shall be charged for water utilities and paid by the COUNTY to the CITY along with the monthly rental of $12,000 provided for in Article III. After installation of separate metering, the utilities used by the COUNTY at the FACILITY shall be billed directly to the COUNTY. If for some reason separate metering is not accomplished as specified herein, the CITY's Manager may adjust the monthly charge for utilities 724 upon thirty (30) days written notice to the COUNTY based upon changed circumstances including, but not limited to, changes in rates, usage by the COUNTY, fees, and the imposition of special assessments. ARTICLE VII SECURITY SERVICES The COUNTY shall provide, at no cost to the CITY, during the term of this Agreement or any extension thereof, security guards at the PROPERTY to provide for security to the PROPERTY and FACILITY. The extent of security may be modified as agreed to by the CITY and COUNTY Managers or their designees. Additionally, the COUNTY agrees to provide security checks at the FACILITY and PARKING PREMISES between the hours of 6:00 p.m. and 8:00 a.m. Such security checks shall be performed by the COUNTY Corrections Department security personnel. Further, the COUNTY agrees that it will honor any reasonable request of the CITY's Commission with reference to any problems of security at the FACILITY and PARKING PREMISES. ARTICLE VIII ASSIGNMENT This Lease shall not be assigned, nor shall the LEASED PREMISES, PARKING PREMISES or WASAD PARKING or any part thereof be sublet, nor shall the COUNTY grant any license or sub -lease in respect to any of the improvements or facilities maintained, operated or located upon the LEASED PREMISES or PARKING PREMISES without prior written consent of the CITY's Manager. �m 93- 724 \12 ARTICLE IX VISITING HOURS Initially, the COUNTY shall restrict visiting hours for those persons incarcerated in the LEASED PREMISES to Saturdays and Sundays. Visitation shall be permitted Mondays through Fridays at the LEASED PREMISES for professionals or legal counsel. These schedules may be modified, upon agreement of the CITY's Manager and the COUNTY's Manager. ARTICLE X INDEMNIFICATION AND HOLD HARMLESS The COUNTY hereby agrees to indemnify and save the CITY harmless from any and all claims, liability, losses and causes of action which may arise as a result of this Lease, each party to bear it's own responsibility for it's own negligence. This indemnity agreement shall not apply to the COUNTY's providing of security services to areas other than the LEASED PREMISES and PARKING PREMISES, except in the case of the COUNTY's direct negligence. ARTICLE XI NO LIABILITY FOR PERSONAL PROPERTY All personal property placed or moved in the LEASED PREMISES and PARKING PREMISES shall be at the risk of the COUNTY. The CITY shall not be liable to the COUNTY for any damage to said personal property unless caused by or due to negligence of the CITY, the CITY's agents, or employees. LA 93- 724 _ 8 ARTICLE XII LIABILITY FOR DAMAGE OR INJURY The CITY shall not be liable for any damage or injury which may be sustained by the COUNTY or any persons on the LEASED PREMISES and PARKING PREMISES after inspection and acceptance of the condition of the property by the COUNTY, other than damage or injury resulting from the carelessness, negligence, or improper conduct on the party of the CITY, its agents, or employees, or failure of the CITY to perform its covenants under this. Lease Agreement. ARTICLE XIII Since the COUNTY is self insured for general liability, a certificate of insurance cannot be issued nor can the CITY be named as an additional insured. The COUNTY agrees to defend all claims brought against the COUNTY or the CITY due to the COUNTY's use of the LEASED PREMISES, PARKING PREMISES and WASAD PARKING. ARTICLE XIV DEFAULT PROVISION If the COUNTY defaults in any of the COUNTY's undertakings in this Lease Agreement or fails to perform, abide by or comply with any of the conditions, covenants, provisions or agreements herein set forth, or if the COUNTY abandons the LEASED PREMISES, then and in any such event, the CITY's Manager may, upon thirty (30) days notice to the COUNTY, terminate this Lease and declare it cancelled. 93- 7124 I1� ARTICLE XV NOTICES All notices given under this Lease Agreement shall be in writing and delivered by either certified or registered mail. Notice shall be effectively served by the COUNTY upon the CITY when addressed to the CITY and mailed to the CITY's Manager at 3500 Pan American Drive, Miami, Florida 33133, with a copy sent to Asset Management, 300 Biscayne Boulevard Way, Suite 400, Miami, Florida 33133. Notice shall be effectively served by the CITY upon the COUNTY when addressed to the COUNTY and mailed to the COUNTY's Manager, at 111 N.W. First Street, 29th Floor, Miami, Florida 33128, with a copy sent to the Director of the Corrections and Rehabilitation Department., 8660 West Flagler Street Miami, Florida 33126. ARTICLE XVI CANCELLATION The COUNTY, through its County Manager or his designee, shall have the right to cancel this Lease Agreement at any time by giving the CITY at least thirty (30) days prior written notice. The CITY, through its Manager or his designee, shall have the right to cancel this Lease Agreement at any time by giving the COUNTY at least thirty (30) days prior written notice. ARTICLE XVII ENTIRE AGREEMENT This Lease Agreement and its attachments constitute the sole and only Agreement of the parties hereto relating to said LEASED 93- 724 _. 10 - PREMISES and PARKING PREMISES and correctly sets forth the rights, duties, and obligations of each to the other as of its date. Any prior agreements, promises, negotiations, or representations not expressly set forth in this Agreement are of no force or effect. ARTICLE XVIII AMENDMENTS No amendments to this Lease Agreement shall be binding on either party unless in writing and signed by both parties. ARTICLE XIX SURRENDER OF PREMISES The COUNTY agrees to surrender the LEASED PREMISES at the end of the term of this Lease Agreement or upon any cancellation of this Lease Agreement as provided elsewhere in this Lease Agreement. IN WITNESS WHEREOF, the parties hereto have cased this Lease Agreement to be executed by the respective officials thereunto duly authorized this the day and year first above written. ATTEST: CITY OF.MIAMI, a municipal Corporation of the State of Florida By: BY: MATTY HIRAI CESAR H. ODIO City Clerk City Manager ATTEST: HARVEY RUVIN, CLERK DADE COUNTY, FLORIDA, BY ITS BOARD OF COUNTY COMMISSIONERS By: By. Deputy Clerk JOAQUIN G. AVINO, P.E., P.L.S. County Manager 93- 724 Authorized by City of Miami Resolution No. Authorized by Dade County Resolution No. Approved by City Attorney as to form and correctness Approved by County Attorney as to form and legal sufficiency M454/WB/ra/awa 93- 724 - 12 - _74 IL FM17LT 7, SECOND FLOOR•OFFICES -d -2 -V ^ Id SECOND FLOOR -JAIL SECTION 93- 724 MWIBIT PAGE t OF 1 17 1115 1 17 1 r 1.7 FIRST FLOOR 9XHIBIT 93- 724 PAGE OF .."'T 07 *-:4: l--:0:z-F( I PLt- 11(1-�IASSET HGMT f-A rwr (- 1724 R. ls; Is rlt-� .11, , _S; CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO: The Honorable Mayor and of the City Commission .-r FROM : Ce ar H. 'Odio City Manager RECOMMENDATION: Members DATE: SUBJECT REFERENCES: ENCLOSURES: Lease Agreement with Dade County FILE : 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, between the City of Miami and Dade County, Florida for use of space at the Municipal Justice Building, located at 1145 NW 11 Street, Miami, Florida, for operation of an Interim Central Detention Center (ICDC), at a monthly rental of $12,000.00; said lease to be from month -to -month commencing December 1, 1993. BACKGROUND: The City and Dade County agree that there is a serious need to reduce the overcrowding at Dade County's correctional facilities. One way in which to meet this need and to protect the welfare and safety of the community is to permit Dade County to use a portion of the City's Municipal Justice Building. The leased space will include the second floor of the south wing of the Municipal Justice Building, the stairwells from the first floor to the second floor, certain specified areas on the first floor, and certain parking areas for use by employees and visitors of ICDC and employees of the Water and Sewer Authority (WASA) . These areas are as outlined in Exhibits "A", "B" and "C" of the attached agreement. Parking for ICDC purposes will be available throughout the term of this lease. The City will retain the right to reduce or terminate parking privileges being provided to WASA employees. C#f-/ The Board of County Commissioners agrees to assume responsibility for the jail function and for the full operation and maintenance of the second floor of the South Wing of the Municipal Justice Building. 93- '724 /wI o — )