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HomeMy WebLinkAboutR-90-0017J-90-30 1/3/90 mOh mom NO. 90-0017 BE IT MOLVED BY THE cOQ+ USSION OF THE CITY OF MMff r FLORIDAs section 1. The city Manager is hereby authorized to enter into a lease agrealenty, hi substantially the attached fonn, with Mtrropolitan Dade County, Florida, for the use of a portion of the Henderson Park p operty legally described as Lots 9 and 10, and west 20 feet of Lot 8, Block 6, Riverview, as recorded in the public records of Davie county, 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. Section 2. This Resolution shall beccu a effective lm vdiately upon its adoption. PASSED AMID ADOPTED this llth day of January , 1990. XAVIER L. SUKFZWMYOR 0 'W311Af, LEME-AGEEEMENT 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 of the STATE OF FLORIDA, (hereinafter called the "LESSEE") • -97 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 day of , 1990 and terminating twenty (20) years later. III. USE OF___PROPERU The leased properties shall be limited to the area described as a portion of Lots 9, 10 and West 20 feet of Lot 8 Block G Riverview P.B. 5, Pg. 43 and further identified in Exhibit A. The DEMISED PREMISES shall be used by LESSEE for the sole and restricted purpose of construction and operation of a public health clinic. The clinic shall offer primary health care services for the entire lease period. hereof and on the anniversary data 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_ ny 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. IMPROVES 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 ._j 1 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 Leave Agreement or any extension thereof, all permanent improvements, in their then existing conditions, shall become► the property of viI. ian PPS LICABLE 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 th® 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 . TTM Unless otherwise provided herein, LESSEE shall provide all utilities, including but not limited to, electricity, water, gays, garbage and sewage disposal. IX. TNDF.MNTFIC TION LESSEE covenants and agrees that it shall indemnify, hold t harmless and defend LESSOR from and against any and all claims suits, actions, damages or causes of action arising during the terra of this Lease Agreement from any personal injury, loss of life or damage to property sustained in or about the DEMISED PREMISES, by reason of or as a result of LESSRE'9occupancy thereof, to the extent of the limitations included within Florida Statutes, Section 768.281 subject to the provisions in this Act whereby LESSEE shall not be liable to pay a personal injury or property damage claim or judgement by any one person which exceeds the sum of $100,000, or any claims or judgements or portions thereof, which when totaled with all other claims or judgements paid by LESSEE arising out of the same incident or LESSEE shall provide and have sole responsibility for the maintenance and management of the DEMISED PREMISES for the entire lease period. T 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 Manger to LESSEE, after approval by the Miami City Commission. • ; 4 a 91W vel S 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. 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. NOTICE TO LESSOR-. CITY OF MIAMI City Manager P. O. Box 33133-0708 Miami, Florida 33133 1 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 41311 FAXING DIMICTS Any and all charges, taxes, or assessments, levied against the DEMISED PREMISES shall be paid by LESSEE. XVI. SURRENDER OF PREMISEa 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 in accordance with the covenants contained herein. XVII. AFEIB=IVE 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 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 . 8Iik7HDNENTS 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 Leases 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 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. 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. 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. XXVI. 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. 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 ATTEST: Matty Hirai CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: (Seal) Jorge L. Fernandez City Attorney BY: (Seal) ATTEST: APPROVED AS TO FORM AND CORRECTNESS: County Attorney APPROVED AS TO INSURANCE REQUIREMENTS: Al 3 rJ l ST �• � ,� .!/i dam• � 'z" C-�f � ; >�••' • Af 61 ' _ I is �� i cv)rii., � • ,: � � tk TCi)r iJ C VODal ,-r •` �`'.1 rt i!� L :�•'i� ••.'1 rf:.:!-i- _•.. • :.►-:: �t-,-w _•.r� •� i.M1 1.•-^�-..�«. �J�••"•.Y 11 p.w e. �. r•wiw.• ...--�..�,•,.• - --- , f Al.1�/. 2'l� 5 T. - ` I -� �- -44 F7 40, (S G. 1 �.�le- -`' LEGAL DESCRIPTION OF PROPOSED LEASE AREA AT HENDERSON PARK Lots 9, 10 and the West 20 feet of Lot S, Block G, of "Riverview", according to the Plat thereof, as in Plat Book 5 at Page 43 of the Public CITY OF MIAMI, FLORIDA CA=23 INFER -OFFICE MEMORANDUM TO. Honorable Mayor and Members of DATE : DEC Z 0 1989 FILE The City Commission Resolution Authorizing susrECT Lease Agreement for Metropolitan Dade County FROM REFERENCES: Cesar H. Odi City Manager ENCLOSURES: RECOMONDATION It is,respectfully recommended that the City Commission adopt the attached Resolution authorizing a Lease Agreement by and between Metropolitan Dade County and the City of Miami for the use of a portion of the Henderson Park property. WKGROUND The Property and Lease Management Division of the General Services Administration has prepared the Lease Agreement by and between Metropolitan Dade County and the City of Miami. -- Metropolitan Dade County has requested use of a portion of Henderson Park for the purpose of construction of a public health clinic. The lease is limited to a twenty year period of time for $1.00 per year. Attachments