Loading...
HomeMy WebLinkAboutR-90-0134.1= s— J-90-271 2/7/90 ®_ RESOU) TION NO. 0--0134.1 A RE,aOLtT ioN, wrm ATTACHmENl', ALtTEmZING THE CITY NCR To E MM INTO A LEASE AGREMU, IN — SUBSTANTIALLY THE AZTICIHED F r WIMW METROPOLITAN DADE COUNi'Y, FLMDA, FOR THE USE OF A PORTION OF THE CUIMER CENTER PROPERTY, IACATED IN MIAMI, FL()RIDA, AS — DESCRIBED HEREIN, FOR CONSTRUCTION AND USE OF A PUBLIC = HEALTH C mic, SAID LEASE BEING FOR A PERIOD OF TWWTY YEARS AT $1.00 PER YEAR. BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The City Manager is hereby authorized to enter into a lease agreementl/, in substantially the attached form, with Metropolitan Dade County, Florida, for the use of a portion of the Culmer Center, located in Miami, Florida, property legally described in Exhibit 'A' attached to the Lease Agreement, for construction and use of a public health clinic, said lease being for a period of twenty years at $1.00 per year. Section 2. This Resolution shall beceme effective immediately upon its adoption. PASSED AND ADOPTED this 7th day of February , 1990. VIER L. SLMEZ, crm HIRA,I, CITY CL EM PREPARED AMID APPROVED BY: APPROVED AS TO FORM AMID CORRECTNESS: L. EZ CITY ATTORNEY bss:M1431 The herein authorization is further subject with all requirements that may be imposed Attorney, including but not limited to those applicable City Charter and Code provisions. A T T A C 1 atId E!'494, T Clolknrk U n T ift1 0 to compliance by the City prescribed by CITY COMMISSION MEETING OP FEB 7 1990 )N No. ff A 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 s -- "LESSOR"), and Metropolitan Dade County, a municipal corporation -i of the STATE OF FLORIDA, (hereinafter call.pd 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 the Culner Center Property, located at approximately 1009 N.W. 5th 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. - 3 =_ II. TERM OF LEASE AGREEMENT The term of this Lease Agreement shall be twenty (20) years, ' commencing as of the first day of 1990 and - terminating twenty (20) years later. , III. USE OF PROPERTY - i- = The DEMISED PREMISES shall be limited to the area described '- - and identified on Exhibit A attached hereto and made a part hereof. The DEMISED PREMISES shall be used by LESSEE for the sole and restricted purpose of construction and operation of a y' public health clinic. The construction of the clinic will be. financed entirely by the Department of Health and Rehabilitative Services of the State of Florida. The LESSEE will have sole '- J 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. � = 1 4EM RRiI►ai„►su tul% NKi REVIEW, PLEASE IDENTIFY AS �G-G,L —, 7,4 0 Ir IV. 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 unreasonably 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 Miami 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 2 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. VIT. 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 dnd all claims suits, actions, damages or causes of action arising during the term of this Lease Agreement from any personal injury, lose 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 3 WIMMOIN is OPINION -.:.� 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 Hiami City Manager to =4 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 _ y - - and assigns. ,I - XIII. ADVERTISING I` —' 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. XIS'. NOTICE 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 r=�gistered. 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. In U, • NOTICE TO LESSORs 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 shakll.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 5 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. 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. SEVERAB ILITY In the event any paragraph, clause or sentence of this Lease Agreement or any future amendment is declared invalid by a court i of competent jurisdiction, such paragraph, clause or sentence shall be stricken from the subject Lease Agreement and the i balance of the Lease Agreement shall not be affected by the i deletion thereof. }C{V. 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 Agreement. XRVI. WAIVER No waiver of any provision hereof shall be deemed to have been made unless such waiver be 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 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. 7 El Q 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 METROPOLITAN DADE COUNTY a municipal corporation of a municipal corporation of the State of Florida the State of Florida By: (Seal) By: (Seal) C S H. ODIO JOAQUIN AVINO CITY MANAGER COUNTY MANAGER ,ATTEST: By: MATTY HIRAI, CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: By: J RGE FE CITY ATTO Y APPROVED AS TO INSURANCE REQUIREMENTS: IN U Z�00 OR J By: ' APPROVED AS TO FORM AND CORRECTNESS: I ray: ROBE T GIUSBUR COUNTY ATTORNEY LEGAL DESCRIPTION FOR PROPOSED LEASE TO METROPOLITAN DADE COUNTY =_ AT CULMER CENTER PROPERTY Lots 13 thru 18 and Lots 31 thru 36 of "A.T. Carters Re - Subdivision of the West half of Block 13 N", according to the Plat thereof, as recorded in Plat Book B, Page 167 of the Public Records of Dade County, Florida; less the East 15 feet of Lots 13 thru 19, and less that portion of Lot 13 contained in the external area of a circular curve, concave to the Northwest, having a radius of 25 feet and tangents which are 25 feet North of and parallel with the centerline of N.W. 10 Street and 25 feet West of and parallel with the centerline of N.W. 4 Court; and less that portion of Lot 36 contained in the external area of a circular curve, concave to the Northeast, having a radius of 25 feet and tangents which are 25 feet North of and parallel with the centerline of N.W. 10 Street and 25 feet East of and parallel with the centerline of N.W. 5 Avenue, containing 21,481.8 sq. ft. more or less (0.49 acres). and Lots 1 thru 12 of "A.T. Carters Re -Subdivision of the West half of Block 13N", according to the Plat thereof, as recorded in Plat Book B, Page 167 of the Public Records of Dade County, Florida, less the West 15 feet thereof and less the North 5 feet of Lot 1, and less those portions of Lots 1 and 2 contained in the external area of a circular curve, concave to the Southeast, having a radius of 25 feet and tangents which are 25 feet East of and parallel with the centerline of N.W. 4 Court and 30 feet South of and parallel with the centerline of N.W. 11 Street, and less that portion of Lot 12 contained in the external area of a circular curve, concave to the Northeast, having a radius of 25 feet and tangents which are 25 feet East of and parallel with the centerline of N.W. 4 Court and 25 feet North of and parallel with the centerline of N.W. 10 Street, and less those portions of Lots 1 and 2 shown as right-of-way for I-95 in S.R.D. R.F., 83-2113. and Lots a, 5, 16, 17 and 18 of Block 13N of "A.L. Knowltons Map of Miami", according to the Plat thereof, as recorded in Plat Book B, Page 41 of the Public Records of Dade County, Florida, less those portions of Lots 4, 15, 17 and 18 shown as right-of-way for I-95 in S.R.D. R.P. r3-2113, and Lot 4, less the South 5 feet thereof, of "Parry's Division of Lots 1, 2, 19, 20 of Block 13N", according to the Plat thereof, as recorded in Plat Book 1, Page 75 of the Public Records of Dade County, Florida, less that portion shown as right-of-way for I-95 in S.R.D. R.P. 83-2113, containing 39,619.6 sq. ft. more or less (0.91 acre).