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HomeMy WebLinkAboutR-90-0134J-90-270 2/7/90 RESOLUTION NO. 90-0134 A RESOLUTION AMENDING SECTION 1 OF RESOLUTION NO. 90-17, ADOPTED JANUARY 11, 1990, BY MODIFYING THE LEASE AGREEMENT WITH METROPOLITAN DADE COUNTY, TO PROVIDE FOR THE USE OF A LARGER PORTION OF HENDERSON PARK PROPERTY, LOCATED IN MIAMI, FLORIDA, FOR CONSTRUCTION AND USE OF A PUBLIC HEALTH CLINIC, SAID LEASE BEING FOR A PERIOD OF TWENTY YEARS AT $1.00 PER YEAR. BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. Section 1 of Resolution No. 90-17, adopted January 11, 19900, is hereby amended in the following particulars:l/ "Section 1. The City Manager is hereby authorized to enter into a lease agreement-/, in substantially the attached form, with Metropolitan Dade County, Florida, for the use of a portion of Henderson Park property legally described as , and West 20 feet of hot 8, Black , Lot 7 less Mast 10 feet, Lots 8 and 9. Lot 10 less the West 25 feet and Lot 14 less the East 10 feet and less the South .IQ feet. Lots 12 and 13 less the South 10 feet, Lot it less the West 25 feet and less the South 10 feet thereof, q11 in Block G" of "Riverview", as recorded in the Public Records of Dade County, Florida, in Plat Book 5 at Page 43 for construction and use of a public health clinic, said lease being for a period of twenty years at $1.00 per year. 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." Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. A14EIlDED RROMWO BY CITY COM USSION MEETING OF FES 7 1990 ,h N90-034 Section 2. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this nth_ day of February—, 1990. XAVIER FL.SUAREZF R CITY CLERK PREPARED AND APPROVED BY: ALEJANDRO VILARELLO CHIEF ASSISTANT CITY AT RNEY APPROVED AS TO FORM AND CORRECTNESS: —0p.o. -10 . JO E FT. R P-AN Z CIT ATTORN bss:M1432 _2_ 90 134 x LEASE AGREEMENT THIS LEASE AGREEMENT, made and entered into this 1990, by and between CITY OF MIAMI, a municipal corporation of the State of Florida (hereinafter called the "LESSOR"), and Metropolitan Dade County, a municipal. corporation 4 of the STATE OF FL•ORIDA, (hereinafter called the "LESSEE") I. PREMISES TO BE LEASED That the LESSOR for and in consideration of the mutual covenants hereinafter contained hereby leases to the LESSEE a portion of Henderson Park, located at 971 Northwest Second Street, Miami, Florida, as illustrated in the attached Exhibit A, hereinafter called the "DEMISED PREMISES." Exhibit A is attached hereto and made a part hereof. _ II. TERM OF LEASE AGREEMENT The term of this Lease Agreement shall be twenty (20) years, commencing as of the first clay of 1990 and terminating twenty (20) years later. III. USE OF PROPERTY The DEMISED PROPERTY shall be limited to the area described in Exhibit A. The DEMISED PREMISES shall be used by LESSEE for the sole and restricted purpose of construction and operation of u public health clinic. The construction or the clinic will be financed entirely by the Department of Health and Rehabilitative Services of the State of Florida. The LESSEE will have sole responsibility for the maintenance and operation of the constructed clinic and LESSEE's failure to maintain and operate - the DEMISED PREMISES for the entire lease period will result in termination of the Lease Agreement. The clinic shall offer primary health care services for the entire lease period. I W. CONSIDERATION LESSEE does hereby covenant and agree to pay LESSOR as consideration for the use of the DEMISED PREMISES throughout the term of this Lease Agreement and any renewal thereof, 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. V. CITY'S RIGHT OF ENTRY LESSEE agrees to permit LESSOR'S City Manager or his designee to enter upon the DEMISED 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, provided LESSOR does not unreasonable interfere with or unduly burden LESSEE'S operations. VI. IMPROVEMENTS LESSEE agrees that no construction, repairs, alterations or improvements may be undertaken by it upon the DEMISED PREMISES unless the plans: (1) Be first submitted to LESSOR'S General Services Administration Department for presentation and review by all departments and offices with jurisdiction, and (2) Specific plans of construction, with square footage involved, be approved by the Miami City Manager, (3) Be in compliance with all State, Dade County and City of Hiami rules, regulations and zoning requirements. Such improvements are to be at the sole cost and expense of LESSEE. Upon completion of construction, copies of the paid invoices, receipts and other such documents shall be submitted to LESSOR by LESSEE and shall be considered as having been incorporated herein and attached hereto for proof thereof. Upon the termination, cancellation or expiration of this Lease Agreement or any extension thereof, all permanent improvements, in their then existing conditions, shall become the property of LESSOR without any compensation due LESSEE. Clinic must be constructed 18 months from signature of this Lease Agreement and service in said health clinic must commence six months after completion of construction, alternatively, LESSEE forfeits this Lease Agreement. Said 18 month construction deadline may be extended by City Commission approval. VII. LAWS APPLICABLE LESSEE accepts this Lease Agreement and hereby acknowledges that LESSEE'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 DEMISED PREMISES including but not limited to building codes and zoning restrictions, is a condition of this Lease Agreement, and LESSEE shall comply therewith as the same presently exist and as they may be amended hereafter. VIII. UTILITIES Unless otherwise provided herein, LESSEE shall provide all utilities, including but not limited to, electricity, water, gas, garbage and sewage disposal. IX. INDEMNIFICATION LESSEE covenants and agrees that it shall indemnify, hold harmless and defend LESSOR from and against any and all claims suits, actions, damages or causes of action arising during 'the term of this Lease Agreement from any personal injury, lass of life or damage to property sustained in or about the DEMISED PREMISES. X. MAINTENANCE AND MANAGEMENT OF LEASED PROPERTIES LESSEE shall provide and have sole responsibility for the K maintenance and management of the DEMISED PREMISES for the entire lease period. XI. ASSIGNMENT AND SUBLETTING OF PREMISES LESSEE shall not, at any time during the term of this Lease Agreement, sublet any part of the DEMISED PREMISES, or assign this Lease Agreement or any portion or part thereof, except by written authorization granted by the Miami City Manager to LESSEE, after approval by the Miami City Commission and only to another governmental agency. XII. SUCCESSORS AND ASSIGNS This Lease Agreement shall be binding upon the parties herein, their heirs, executors, legal representative, successors and assigns. XIII. ADVERTISING LESSEE shall not permit any signs or advertising matter to placed on portion of the DEMISED PREMISES except with prior written approval of the Miami.City Manager or his designee, which approval shall not be unreasonable withheld. XIV. NOTIC% AND GENERAL CONDITIONS A. All notices or other communications which shall or may be given pursuant to this Lease Agreement shall be in writing and shall be delivered by personal service or by registered 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 which personally served, or if by mail, on the fifth day after being posted or the date of actual receipt, whichever is earlier. 4 Ll El NOTICE TO LESSOR: CITY OF MIAMI City Manager P. 0. Box 33133-0708 Miami, Florida 33133 NOTICE TO LESSEE: METROPOLITAN DADE COUNTY County Manager 111 N.W. First Street Miami, Florida 33128 B. Title and paragraph headings are for convenient reference and are not intended to confer any rights or obligations upon the parties of this lease Agreement. XV. SPECIAL ASSESSMENTS OR TAXING DISTRICTS Any and all charges, taxes, or assessments, levied against the DEMISED PREMISES shall be paid by LESSEE. XVI. SURRENDER OF PREMISES Upon termination of this Lease Agreement by lapse of time or otherwise, LESSEE shall promptly and peacefully surrender and deliver possession of the DEMISED PREMISES to LESSOR including any improvements made thereon. XVII. AFFIRMATIVE ACTION LESSEE 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, the handicapped, and Vietnam era veterans. Such plan will include a set of positive measures which will be taken to insure nondiscrimination in the work place as it relates to hiring, firing, training and promotion. In .lieu of such a policy/plan, LESSEE shall submit a State of Assurance indicating that their business is in compliance with all relevant Civil Rights laws and regulations. XVIII. MINORITY/WOMEN BUSINESS UTILIZATION LESSEE, shall make every good faith effort to A 111� /0111N purchase/contract fifty-one (51%) of its annual goods and services requirements from Hispanic, Black, and 'Women businesses/professionals registered/certified with the City of Miami's Office of Minority/Women Business Affairs. Such lists will be made available to LESSEE at the time of the signing of , the lease with the City of Miami and updates will be routinely provided by the City's Office of Minority/Women Business Affairs. XIX. NONDISCRIMINATION LESSEE, agrees that there will be no discrimination against any person based upon race, color, sex, religious creed, ancestry, national origin, mental or physical handicap, in the use of the DEMISED PREMISES and improvements thereof. It is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, LESSOR shall have the right to terminate this Lease Agreement. XX. AMENDMENTS LESSOR and LESSEE, by mutual agreement, shall have the right but not the obligation to amend this Lease Agreement. Such amendments .shall be effective only when assigned by both LESSOR and LESSEE, shall be incorporated as, a part of this Lease Agreement, XXI. AWARD OF AGREEMENT LESSEE and LESSOR warrant that they have not employed or retained any person employed by LESSOR or LESSEE to solicit or secure this Lease Agreement and that they have not offered to pay, paid, or agreed to pay any person employed by LESSOR or LESSEE any fee, commission, percentage, brokerage fee, or gift of any kind contingent upon or resulting from the award ,of this Lease Agreement. 0 XXII. CONFLICT OF INTEREST To the best of their knowledge and belief, LESSOR and LESSEE both state that no person under their employ who presently exercises any functions or responsibilities in connection with this Lease Agreement has any personal financial interest, direct or indirect, in this Lease Agreement. XXIII. CONSTRUCTION OF AGREEMENT This Lease Agreement shall be construed and enforced according to the Laws of the State of Florida. XIV. SEVERABILITY In the event any paragraph, clause or sentence of this Lease Agreement or any future amendment is declared invalid by a court of competent jurisdiction; such paragraph, clause or sentence shall be stricken from the subject Lease Agreement and the balance of the Lease Agreement shall not be affected by the deletion thereof. XXV. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS Both patties 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 Agreement. XXVI. WAIVER No waiver of any provision hereof shall be deemed to have i been made unless such waiver be in writing and signed by LESSOR or LESSEE. The failure of either party to insist upon the strict i performance of any of the provisions or conditions of this Lease 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. fA XXVII. 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 ten day period of time, said failure will result in the automatic termination of this Lease Agreement. XXVIII. ENTIRE AGREEMENT This Lease Agreement represents the total agreement between the parties. All other prior agreements regarding the DEMISED PREMISES between the parties, either verbal or written, are superseded by, this Lease Agreement and are therefore no longer valid. IN WITNESS WHEREOF, the parties hereto have individually, through their proper officials, executed this Lease Agreement the day and year first hereinabove written. THE CITY OF MIAMI, FLORIDA a municipal corporation of the State of Florida By: (Seal) CE AR H. ODIO CITY MANAGER ATTEST: By: RATTY HI I, CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: By: /I G FE E —Z - I - A C ITY AT Y APPROVED AS TO INSURANCE REQUIREMENTS: I- N3 E COORD I METROPOLITAN DADE COUNTY a municipal corporation of the State of Florida By: (Seal) JOAQUIN AVINO COUNTY MANAGER By: APPROVED AS TO FORM AND CORRECTNESS: By: ROBERT G NSBURG COUNTY ATTORNEY LEGAL DESCRIPTION OF PROPOSED LEASE TO nAnF COUNTY AT HENDERSON PARK Lot y less the East 10 feet, Lots B and 9, Lot 10 less the west 25 feet and Lot 14 less the East 10 feet and less the South 10 feet, Lots 12 and 13 less the South 10 feet, Lot 11 less the Nest 25 feet and less the South 10 feet thereof, all 1n Block G. of "Riverview", according to the Plat thereof, as recorded :n Plat Book 5 at Page 43 of the Public Records of Dade County, Florida. Cuntaining 1.10 acre more or less. EXHIBIT A CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO: Cesar H. Odio o^TE: January 10, 1990 FILE - City Manager suaJECT :overtown Community Medical Center FROM : Miller J. Dawkins REFERENCES: Vice Mayor ZZ ENCLOSURES: The Department of Development is committed to the interior development of the- Overtown area and has began to assemble property for future projects. St. John Community Development Corp., a nonprofit agency, has proposed a one -block development consisting of a 1) Medical Center, 2) Elderly housing, 3) Unwed Motheir Apartments and 4) Daycare Center in the Overtown area between 14th Street north and 13th Street south, 3rd Avenue west and 2nd Ave. east. The State of Florida Dept. of HRS has concluded that there is a need for a medical center in the Qvertown area, and has been in search for a site to locate the medical facility. In support of the State's commitment for a Community Medical Center in the Overtown area, the City of Miami should work in partnership with the St. John Development Corporation, a non- profit corporation, to develop the medical center on property being assembled by the Department of Development to include also the additional components of the St. John development plan. ,:- MlDL A5A A R I Architects • Construction Management April 16th, 1969 - Reverend Nevins St. John Baptist Church 1323 NW 3rd Avenue, Mimai► Florida 33126 RE: Concept for St. John Plaza. Dear Rev. Nevins: We appreciate the opportunity to participate with you in developing a concept design for the property located on N.W. 13th Street and 3rd Avenue. The basic design concept will focus on developing an urban plaza,which will serve as a unifying element for all the existing and new buildings located within the immediate area. The location of your Church will serve as the major central building in the plan. Please review the attached illustrations and feel free to give us your recommendations. Also, please remember that at this stage we are not i showing all plan details for each building. We are concerned with space, location, size and probable cost. Further details for each building will be generated as we move forward in the planning process. Please give me a call after reviewing this material at 576-6351. Sincerely, , Raqu A. Albaari, Architect 612 N.E. 57th Street • Miami, FL 33137 • (305) 751. 6535/757.58S0 .� 90134 r=- �e A L B A A R I Architects • Construction Manogement AND ASSOCIATES STJOHN PLAZA DEVELOPMENT Summary of Space Program: Medical Center: Err_ The Medical Center will serve as both an outpatient ambulatory center as well as a center which will house physicians specializing in selected medical fields. _- The approximate size of the facility will be 20.000 s.f.. The building will consist of a 2-story concrete structural frame with the latest in mechanical. electrical and Interior building systems. Expansion will be made possible be adding - vertically. All short term parking will occur on site In rear of facility. Long term parking will he located under _= expressway adjacent to 14th street and 3rd avenue. The probable cost for the facility will be 1.4 million. - Elderly Towers: A 10-story structure designed to respond to local climatic - conditions, will conilat of approximately 100 units. The train jf focus of the plaza design concept 'will create a directional }- relationship between the existing church and the elderly tower. Users of this facility will have a day to day view on to the plaza with its urban landscaped street scene. The building will house primarily 3:1 ratio of i bedroom to efficiency apartments. All personal services will be located at ground level in the commercial arcade area., There is expansion capabilities for future construction of a - first class restaurant facility to be located at top floor of the tower. The restaurant will have separate elevator lobby. _ Approximate budget cost for the elderly tower is $3.2 -_ million. Unwed Mother laeiiity: - This facility will consist of a 3-story structure housing 10 one and two bedroom apartments. This facility will be an expansion to the existing 1301 apartment building. The new addition will be elevated in order to allow parking below the building. This facility will also be designed to relate with the plaza. Existing commercial ground floor space will be coordinated ;= with the proposed commercial arcade space located In the elderly tower. Probable total square footage, 12,200 sf. Probable estimated cost will be $465,000. _ 612 N.E. 57th Street • Miami. FL 33137 • (305) 751. 6535f 757.5650 90-0:144 Daycare Faculty: This facility will serve as expansion to the existing daycare facility. The new facility will provide space for approximately 100 additional children. Also, the space program for this facility will allow multiuse activity programs to support various after school care. The building will be designed to also relate With the overall plaza design. Parking for the facility will be provided in the rear of the building. Total square footage for this one- story building will be approximately 7.400 ef. Approximate construction cost will be S600.000. Plaza and Street improvements: The Plaza will serve as a unifying element between_ all existing and new buildings. This area will be provided with site furnishing, coordinated street lighting. and brick or scored colored concrete paving patterns. Street improvements will consist of closing off N.W. Znd Avenue. Approximately 100 additional offstreet parking spaces will be - constructed adjacent to buildings. Also. additional parking maybe obtained by utilizing area under existing expressway= areas. Approximate budget for this item is $500.000. - , N. W. 141h ST. malaa e a r� � a s a �t�t � • � as 1C�1lt.AaJt�1C�11! Q!.!_+� All AO De b�nwlist+sd � s j` �, ! ! • �. as Os♦ care ■ s� iwtwfe EApansion � '? ■ qs'. > w: Otl� St JOHN'S e. saplist Gtwt h � .. /: -...ON-• i N.f�� open Spec" i parking / w. Oar Carato / shat9illate0 / / e Ran I N. W. 13th ST. 3� rmr `• %, .t sE r ♦. f�- - v.o . in ■ IN ti �- / is I t 'fa 12 Townhon+ss es t:onatruttto . IN to! / ■ a � -- to be stihslevctet) EXISTING SITE PLANS M gr'MslWaT ravers W n ww�s PROPOSED SITE PLAN: _ r -1 1 AREA TABULATION Medical Center: - First Floor: Ambulatory Outpatient Center 9,000 of. $800.00 0 -- Second Floor: Specialist Doctor Center 11,000 600.000 — Subtotal 20,0009f. $1,400,000 _ Elderly Tower 10 story BLDG Ground Floor Commercial 4,000 of. $200.000 = —= Apartment Units 100 64,500 3.000,000 = Subtotal 68,500 of. $3,200,000 's UnWed Mother Apartment Facility 3 story New addition —10 units 6,000 sf.. $300,000 Renovated 1301 rehab 5 units 2,400 115,000 _ — Commercial First Floor 3,800 50,000 I Subtotal 12.200 $4650000 = Oayoare & Adolescent Facility Expansion q 100 children Daycare Center 7,400 of. $487.000 f Subtotal 7,400 of. $487.000 Street Improvements do Plaza Area $500.000 Parking Areas 100 autos $100.000 ti .-1 PROBABLE DEVELOPMENT COST....................................................................;f.2©0,000 5 j ?4 j