HomeMy WebLinkAboutR-90-0350i
J-90--337
5/l4/90
RESOLUTION NO. 0 -m 350
A RESOLUTION, WITH ATTACHMENT, AUTHORIZING THE
CITY MANAGER TO ENTER INTO A LEASE AGREEMENT, IN
SUBSTANTIALLY THE ATTACHED FORM, WITH THE STATE
OF FLORIDA, DEPARTMENT OF HEALTH AND
REHABILITATIVE SERVICES, FOOD STAMP PROGRAM, FOR
THE LEASE OF APPROXIMATELY 5,500 SQUARE FEET OF
SPACE PLUS THE USE OF THE AUDITORIUM DURING THE
FIRST, SECOND AND THIRD WORKING DAYSOF EACH AND
EVERY MONTH THROUGHOUT THE TERM OF THE LEASE
FROM 8:00 A.M. TO 5:00 P.M., IN THE MANUEL
ARTIME COMMUNITY CENTER, 970 SOUTHWEST FIRST
STREET, MIAMI, FLORIDA; SAID LESSEE SHALL PAY
FOR THE USE OF THE PREMISES AT AN ANNUAL RENT OF
$67,760.04 FOR THE FIRST YEAR COMMENCING ON MAY
1, 1990, AND AN ANTICIPATED FIVE PERCENT ANNUAL
INCREASE FOR RENEWAL OPTIONS EXERCISED IN
ACCORDANCE WITH THE TERMS AND CONDITIONS AS SET
FORTH IN THE ATTACHED LEASE AGREEMENT.
WHEREAS, the Manuel Artime Community Center, located at 970
Southwest First Street, is a City of Miami facility providing
multipurpose services for the residents of Little Havana; and
WHEREAS, on December 27, 1979, by Resolution No. 79-961, the
City Commission authorized the City Manager to enter into a Lease
Agreement with the State of Florida, Department of Health and
Rehabilitative Services, Food Stamp Program, effective January 1,
1980 through September 30, 1984; and
WHEREAS, on November 8, 1984, by Resolution No. 84-1275, the
City Commission authorized the City Manager to enter into a Lease
Agreement with the State of Florida, Department of Health and
Rehabilitative Services, Food Stamp Program effective October 1,
1984 through September 30, 1989; and
WHEREAS, the Food Stamp Program has served the Little Havana
Community since 1980 in full compliance with its aforementioned
Lease Agreements; and
WHEREAS, there is a continued need to provide this essential
service to the low and moderate income residents of Little Havana;
and
WHEREAS, competitive bidding methods for the disposition or
lease of real property rights is not applicable when transferring
such rights to the United States or to any department or agency
thereof, or to the State of Florida or any political subdivision or
agency thereof;
ATTACHMENTS
C0111141TAI N ED
i
CITY COMMISSION
MEETING OF
MAY 24 1990
90- 350�
Kt50lUTION Nf,
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF TIME 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 enter into
a Lease Agreement 1, in substantially the attached form, with the
State of Florida, Department of Health and Rehabilitative Services,
Food Stamp Program, for the use of 5,500 square feet of space in the
Manuel Artime Community Center, located at 970 Southwest First
Street, Miami, Florida, plus the use of the auditorium during the
first, second and third working days of each and every month
throughout the term of the lease from 8:00 a.m. to 5:00 p.m.; said
Lessee shall pay for the use of the premises at an annual rent of
$67,760.04 for the first year commencing on May 1, 1990, and an
anticipated five percent annual increase for any of the three
additional one year renewal options exercised in accordance with the
terms and conditions set forth in the attached lease agreement.
Section 3. This Resolution shall become effective immediately
upon its adoption.
PASSED AND ADOPTED this 24th day of May _, 1990.
AT ST
MA HIRAI,
PREPARED,Al D
ITY CLERK
nD BY
5T" DRO V I LARE LLO--
EF ASSISTANT CITY ATTORNEY
XAVIER L. SUAREZ,/ MAYOR
APPROVED AS TO FORM AND
CORRECTNESS:
�T
JO_ E L.'FERK ,Z
J
CITY ATTORNE
i
1 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.
-2-
DEPARTMENT OF GENERAL SERVICES
LA RSON it O)ING TALLAIIASSFk ,-0111DA. 32399
ZONE: 2
LEASE AGREEMENT
NO,: 590:1.31.6
THIS LEASE AGREEMENT, entered into this day of . A. D., between
City of i:iiami Olunicip,:l Corp.) party of the first part, hereinafter called the Lessor whose
Federal Identification Number IF. E. I. D. or S. S.) is 59-60031
and the
State of Florida Department of liealth and Rehabilitative Services
Division of District Eleven
Bureau of
party of the second part, hereinafter called the Les:.ee,
WITNESSE'TIi:
That the Lessor, for and in consideration of the covenants and agreements hereinafter mentioned to be
kept and performed by the Lessee, has demised and leased to the Lessee, for the term and under the conditions
hereinafter set, out, those certain premises in Miami 331.10- -- j?ade -
Florida, described as follows: (City) 'Zia Code) Icountyl
The Northwest sections consisting of 5,500 square feet of office space located on the
second and third floor of the certain building located at 970 S.W. 1st Street, Miami,
Florida 33130
which shall constitute an aggregate area of 5,500 square feet of net rentable space measured in
accordance with the Department of General Services' Standard Method of Space Measurement at the rate of
See Addendum A a
S per squNre foot per year; the Lessor shall also provide 10 parking spaces for the
exclusive use of the Lessee as part of this lease agreement.
I TERM
TO HAVE AND TO HOLD the above described premises for a term commencing on the 1st
day of May , 1990 to and including the 30th day of April , 1991
II RENTALS
The Lessor hereby leases to the Lessee and the Lessee hereby leases from the Lessor the above described
premises for the term set out in this lease and the Lessee agrees to pay the Lessor the sum of
See Addendum A 0 ($ ) per month for the rental
period described in Article I of this lease. The rent for any fractional part of the first, month shall be prorated.
The rent shall be payable the month following the month of occupancy in accordance with Section 215.422, Florida
Statutes. The rentals shall be paid to the Lessor at
1390 N.W. 20th Street Miami 33142
(Address) (City) (Zip Code)
III HEATING, AIR CONDITIONING AND JANITOR SERVICES
1. a. The Lessor agrees to furnish to the Lessee heating and air conditioning equipment and maintain same
in satisfactory operating condition at all times for the leased premises during the term of the lease at the expense
of the Lessor.
b. The Lessor agrees to maintain thermostats in the demised premises at 68 degrees Fahrenheit during
the heating season and 78 degrees Fahrenheit during the cooling season; and certifies that boilers therein have
been calibr d to p met the most efficient operation.
•2 Lessagrees to furnish janitorial services and all necessary janitorial supplies for the leased premises
during the rm of the lease at the expense of the )�otr. Lessee.
.'i x�rr�vir�,r�savirerlssihnirAr�rsrt�l�nsvnttfrit��detfiit�t�dtt't��si3$�firtit@i'{ilAi 1�4r��FkK,�R)[Cf7Cl4�[IKbCXDCXCQl�
IV LIGHT FIXTURES
1. a. The Lessor agrees to install in the demised premises light fixtures for the use of the Lessee.
'b. The Lessor 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 remises are maintained at and do not
exceed the following levels: 10 footcandles in hall 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 flan, Volume 1I, Sect ion F.
V MAINTENANCE AND REPAIRS
1. The lessor shall 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 Lessor 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,
except such breakage or damage caused to the exterior of the demised premises by ttie Lessee, its officers, agents
or employees.
3. The Lessor shall maintain the interior and exterior of the demised premises including grounds and parking
area so as to conform to all appplicable 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 Lessor agrees to furnish pest control services for the leased premises during the term of the lease
at the expense of the Lessor.
'VI UTILITIES YaRX AVXWXVXXW�
That the Lessor will promptly pay all gas, water, power and electric light rates or charges which may
become payable during the term of this lease for the gas, water and electricity used by the Lessee on the premises;
and if the lease is for 3.000 square feet or greater, separately metered for all energy and fuels which may be consumed
by Lessee. alone, lessor will provide Lessee, in a form and manner agreed upon, timely and accurate. data on Lessee's
monthly consumption or use of electricity, natural gas, L13 gas and;or fuel r;ii, as appropriate, pursuant to Section
255.257, Florida Statutes.
Thew are the only articles in which the word " .cssor" can he changed to the t.essve without authorization from the
I)ir�snr: of Facilrtii-, ",tang-,tr.:rntittuk la.",t l.i)ii:1 Florida Adnilnutrau�e Cude)
90- 3050
Lease No._ 590:1316
XX RENEWAL Except apt ..eecified rates ns identified in A(._-,ndum A
The Lessee is hereby granted the option to renew this lease for an nddit.innal Three (3) One Mvenr(s)
upon the same terms and conditions. if the Lessee desires to !renew this lease tinder the provisions of this Article,
it shall give the Lessor written notice thereof not more than six months nor less than three months prior to the -
expiration of the term provided in Article I of this Lease or any applicable renewal period.
XXI RIGHT TO TERMINATE
The Lessee shall have the right to terminate, without penalty, this lease in the event a State owned building
becomes available to the Lessee for occupancy during the term of said lease for the purposes for :which this space
is being leased in the County of Dade Florida, upon giving six (6) months advance
written notice to the Lessor 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 P. O. Box 330708 Coconut Grove. Miami F)arida 331,3 , and all
IStreetl (City) flip Code)
notices required to be served upon the Lessee shall be served by Registered or Certified Mail, Return Receipt
Requested, at the address of the Lessee at 401 W • 2nd Amenue. Suite S721 Miami, Flora 331,28 s_
(Street) tcityl (Zip Code) =
Invoices, in triplicate, shall be submitted monthly to: Fneilifles Servines Manager
XXIII DEFINITION OF TERMS
(a) The terms "lease," "lease agreement," or "agreement" shall be inclusive of each other and shall also
include any renewals, extensions or modifications of this lease.
(b) The terms "Lessor" and "Lessee" shall include the successors and assigns for the parties hereto.
(c) The singular shall include the plural and the plural shall include the singular whenever the context so
requires or permits.
XXIV ADDITIONAL TERMS
(Check One)
XX qny and all additional covenants or conditions appear on the attached.
No additional covenants or conditions form a part of this lease.
IN WITNESS WHEREOF, the parties hereto have hereunto executed this instrument for the purpose
herein expressed, the day and year above written,
ANY LEASE FOR 2,000 SQUARE FEET OR MORE SHALL NOT BECOME LEGALLY EFFECTIVE UNTIL
APPROVED BY THE DEPARTMENT OF GENERAL SERVICES.
ORIGINAL SIGNATURE REQUIRED ON ALL COPIES
If Lessor is an Individual:
Signed. sealed and delivered in
the presence of:
AS TO LESSOR
LESSOR:
(SEAL.)
(SEAL)
If Lessor is a Corporation. Partnership, Trust, etc: Name of Corporation, Partnership, Trust, etc:
Signed. sealed and delivered in the presence of:
AS 1'1) 1'r—idi•nt. General 11artncr. Trustee
Signed, sealed and delivered in
the presence of:
A5 TO LESSEE
APPROVAL AS TO CONDITIONS AND
:NEED THEREFOR
DEPARTMENT OFGENERAL SERVICES
Division of E acdaus Management
11>?5 Y
xecuu%e Di'"tor
By: _(SEAL)
Its President, General Partner. Trvstce
ATTEST:
Its Secretary
LESSEE:
STATE OF FLORIDA
DEPARTMENT OF
M.
Agency (lead
APPROVED AS TO FORM AND LEGALITY,
SUBJECT ONLY TO FULL AND PROPER.
EXECUTION BY THE PARTIES.
GENERAL COUNSEL
DEPARTMENT OF
By:
Approval Da
f'aet t t .1
BIN ; lit �-
90- 350
ADDENDU" A
Lease 0590:1.316
Effective Mai O5,__1990
Art icle_I_-_Te�a�__and_Alcl_ __e�ntr$
I'rJi' Lh,. p,t rlud May 1, 1990 to and ,.n,.'.liading
AI,rlr1 30, 1991: $1--.:32 E„si 5quar4-, fuel, pet' year iQL' a
.w_,i11.1,1y r,ctIt.al of l�ivu '1'ltvusand Six Elundjued F,,A-Ly - ixLy ._utd
,j' i1UU Illv1Lai-L• t:fi:,,t;-1(i.(�'i;.
Article_._XX_=._ ec��Nal
1. L'',-jr th,-� PQr.i.,)d May 1, L 3 9 1 L,J and IIPJIU-1iu0,
.%Pril 30, 1992: 11'.J4 L,el• S(juares' I%,i_,L. t)t.r -year for a
m,-rttthly r,_;nt:tl ,af Fj,ve Th,-)usand dine itutidred 'I'13irty �tnd
:3/ 101) Dollars ( yb, 1,130. 83 ) .
F,. r Lhoi pi:,riod commencing May 1, 1992 to and 111cludintr
April. :3U, 1993: $13.59 i)er square foat per year lur a
,nurtthly rci►tal of Six Thousand Two hundred Twenty Eight and
'llb/lOU Dollars ($6,226.75).
:3 . For a peri,: cd commencing May 1 , • 1993 to and includink-,
April 30, 1994. $14.27 per square foot per year for a
murtthly rental of Six Thousand Five Hundred Forty and 42/100
Vollars ($ti , b40 . 42) .
bESSOR Signature LESSEE Signature
Attached are Addendums A,B, &C.
Five (5 ) original of each addendum.
City of [Miami original signature must be affixed
on each original.
90- 350
0 0
LE A'S E - 590:1316
Ar ti,_ i.-_Iii, _. i'aragrapl►_a
Add-c!Yldun) 1,.x full "ervice Leases Lt s3 Janiti.,rial
i'1,,, l ss� _ r ►�,! l�r; �sz; mutually agreN tl►aL thu descriLod premi.s"s
l.:as� tl is► this lease agreement shall be available to Uie
,ik'-p;:Jl tint --fit (lesser:) fur its exclusive use twsr)ty lour (24) l►�.-urs
})csr day, sever) (7) days per week, during the lease term. The
.pauu Lo be leased by the department will be fully occupied
during ziormal work hours from 8:00 A.M. to 5:00 P.M., Monday
t.l►roup,h Friday, excluding holidays, Saturdays and Sundays, and
niay l,c fully or partially occupied during all other periods of
t,in►e as necessary and required at the full discretion of the
department. Accordingly, services to be provided by the lessor
))►lr the Lrz•m5 of ULU lease agreement, will be pruvidea durille,
+11 I'Our•s �f Occu t)dIi4.'y at nu additional cost to the depa,.• l.ru,�-i) t
!lessee).
Lessor Signature r
t '-71EA1, )
Lessee SignaLazc-
90- 350
ADDENDUM C
Lease No. 590:
Additional Premises to be Used
AUDITORIUM USE:
During the first, second, and third working days of each and every month
during the term of this lease, the auditorium ,hall by used by the Lessee
between the hours of 8:00 A.M. to 5:00 P.M. with no additional rental charge
beyond the fee specified on page 1 of the standard lease agreement.
Lessee Signature
Assistant Secretary for
Administration
Lessor Signature
ATTEST:
CITY CLERK
r--
CITY OF MIAMI, FLORIDACA
=26
INTER -OFFICE MEMORANDUM -
To Honorable Mayor and Members of
The City Commission
FROMCesarH. Odi
City Manager
DATE MAY 1 61990
cfLE
SUWECTResolution Authorizing
a Lease Agreement with
the State of Florida,
REFEREN D pt. of HRS, Food Stamp
grogram
ENCLOSURES
It is respectfully recommended that the City Commission adopt the
attached Resolution authorizing the City Manager to execute a Lease
Agreement with the State of Florida, Department of Health and
Rehabilitative Services, Food Stamp Program (hereinafter referred to
as "Food Stamp Program").
The General Services Administration Department, Property and Lease
Management Division has negotiated to lease to the Food Stamp Program
5,500 square feet of space in the Manuel Artime Community Center, 970
Southwest First Street, Miami, Florida, plus the use of the
auditorium during the first, second and third working day of every
month of the lease term. The one-year term of the lease will
commence on June 1, 1990 for an annual rental of $67,760.04 and will
include three additional one year renewal options at an anticipated
five percent annual rental increase.
The Food Stamp Program has served the Little Havana community since
1980 in compliance with its Lease Agreement effective January 1, 1980
through September 30, 1984 and its subsequent Lease Agreement
effective October 1, 1984 through September 30, 1989. The Food Stamp
Program desires to continue providing this essential service to the
low and moderate income residents of Little Havana and discussions
with the Property and Lease Management Division led to the proposal
to enter into the attached Lease Agreement.
Competitive bidding methods for the disposition or lease of real
property rights is not applicable when transferring such rights to
the United States, any department or agency thereof, or to the State
of Florida or any of its political subdivisions.
Attached: Proposed Resolution
Proposed Lease Agreement
9 Q - 350