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Home My WebLink AboutR-89-1103J-89--978 11/30/89 �9-110a3 RESOLUTION N0. 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 TRANSPORTATION, FOR THE USE OF A PORTION OF THE CULMER CENTER PROPERTY, AS MORE PARTICULARLY DESCRIBED HEREIN, ALSO KNOWN AS 1009 NORTHWEST FIFTH AVENUE, MIAMI, FLORIDA, SAID LEASE BEING FOR A PERIOD OF FIVE YEARS. 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 agreement,!/ in substantially the attached form, with the State of Florida, Department of Transportation, for the use of a portion of the Culmer Center property legally described herein, also known as 1009 Northwest Fifth Avenue, Miami, Florida, said lease being for a period of five (5) years. Section 2. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this 7th day of December , 1989. ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: �G ORG L. FE , CIT ATTORNE CITY COMMISSION MEETING OF j 0 PIT A EN E D L ON No. �7 The herein authorization is further subject to compliance with all requirements that may be imposed by the City .Attorneye. including but not limited to those prescribed by applicable #y Charter and Code provisions. ' n t LEASE AGREEMENT THIS LEASE AGREEMENT, made and entered into this 19a9, by and between CITY OF MIAMI, a municipal corporation of the State of Florida (hereinafter called the "LESSOR"), and the DEPARTMENT OF TRANSPORTATION , an agency of the STATE OF FLORIDA, (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 the property described on the attached legal description in Exhibit A, hereinafter called the "LEASED PROPERTIES". Exhibit "A" is attached hereto and made a part hereof as if written at length herein. II. TERM OF LEASE AGREEMENT The term of this Lease Agreement shall be five (5) years, commen,cing as of the first day of 1989 and terminating five years later. This Lease Agreement shall expire - upon the completion of the construction of said project, but not later than 19____� III. USE OF PROPERTY The leased properties shall be limited to the area identified in Exhibit A for the purpose of construction of a transportation project by the Florida Department of Transportation. IV. CONSIDERATION Lessee does hereby covenant and agree to pay LESSOR as 8 consideration for the use of the leased properties througbout th* fJ term of this Lease Agreement and any renewal thereof, the sup_ One Dollar 01.00) per year in advance, beginning on tho 44 ,, hereof and on, the anniversary date of each 444low, � w V. CITY'S RIGHT OF ENTRY LESSEE agrees t.c permit. LESSOR'S City Manager or his designee to enter upon the LEASED PROPERTIES 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 cr in the exercise of its rights and functions, provided LESSOR does not unreasonably interfere with or unduly burden LESSOR'S operations. VI. IMPROVEMENTS LESSEE agrees that no construction, repairs, alterations or improvements may be undertaken by it upon the LEASED PROPERTIES 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) Be approved by the Miami City Manager, which approval shall not be unreasonably withheld, and (3) Be in compliance with all State, County and City of Miami rules and regulations. 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, except as provided for in Section below. VII. LAWS APPLICABLE Lessee accepts this Lease Agreement and hereby acknowledges that Lessee's compliance with all laws of the Skate of Florida, Ordinances of the City of Miami and Dade County, Florida, pertaining to the operations and maintenance of the Area,` including but not limited to building codes and zoning -2- f #� 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. NO LIABILITY FOR PERSONAL PROPERTY LESSOR and LESSOR agree to insure or self insure their respective interests in personal property to the extent each deems necessary or appropriate and hereby mutually waive all rights to recovery for loss or damage by any means and waive all rights to recovery for loss and damage to such property by any cause whatsoever. LESSOR and LESSEE hereby waive all rights of subrogation against each other under any policy or policies they may carry or on property placed or moved on the LEASED PROPERTIES. X. 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, loss of life-' or damage to property sustained in or about, the LEASED PROPERTIES, by reason of or as a result of LESSEE'S occupancy thereof, to the extent of the limitations included within Florida Statutes, Section 768.28, subject to the provisions in this Act whereby LESSEE shall not be liable to pay a personal injury or property damage claim or judgment by any one person which exceeds the sum of $100,000, or any claims or judgments or portions -- thereof, which when totaled with all other claims or judgments paid by LESSEE arising out of the same incident or occurrence, exceeds the sum of $200,000, from any and all personal injury or property damage claims, liability, losses and causes of actions which may arise solely as a result of LESSEE'S negligence in its use of the LEASED PROPERTIES. , fift However, nothing in this section shall indemnify LESSOR for any liability or claim arising out of negligence, performance, or failure of performance required of LESSOR. XI. MAINTENANCE OF LEASED PROPERTIES LESSOR shall have sole responsibility for the maintenance of the LEASED PROPERTIES except that improvements placed thereon by LESSEE shall be maintained by LESSEE. Maintenance shall consist of mowing, edging, trimming, trash and litter removal, fence and barrier repair, and field maintenance, if applicable. XII. ASSIGNMENT AND SUBLETTING OF PREMISES LESSEE shall not, at any time during the term of this Lease Agreement, sublet any part of the LEASED PROPERTIES, or assign this Lease Agreement or any portion or part thereof, except and by written authorization granted by the Miami City Manager to LESSEE, after approval by the Miami City Commission, which assignment shall be conditioned upon the proposed assignee's compliance with all City of Miami conflict of interest provisions. XIII. SUCCESSORS AND ASSIGNS This Lease Agreement shall be binding upon the parties herein, their heirs, executors, legal representative, successors and assigns. XIV. ADVERTISING LESSEE shall not permit any signs or advertising matter to placed on portion of the LEASED PROPERTIES except with prior written approval of the Miami City Manager or his designee, which approval shall not be unreasonably withheld. XV. 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 registered mail addressed to the parties at their respective addresses indicated oelow or as the same, may be changed in writing from time to time. Such notice shall be deemed given on the day which r. personally served, or if by mail, on the fifth day after being posted or the date of actual receipt, whichever is earlier. NOTICE TO LESSOR: NOTICE TO LESSEE: CITY OF MIAMI City Manager P. O. Box33133-0708 Miami, Florida 33133 STATE OF FLORIDA Department of Transpor- tation 1000 N. W. lllth. Ave. Miami, Florida 332172 B. Title and paragraph headings are for convenient reference ank' are not intended to confer any rights or obligations upon the parties of this Lease Agreement. XVI. SPECIAL ASSESSMENTS OR TAXING DISTRICTS Any and all charges, taxes, or assessments, levied against the LEASED PROPERTIES shall be paid by LESSOR. XVII. 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 LEASED PROPERTIES to LESSOR in accordance with the covenants herein contained. XVIII. 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 t non`=Ldiscrimination 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. XIX. MINORITY/WOMEN BUSINESS UTILIZATION LESSEE, shall make every good faith effort to 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 I _ -5- 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• XX. NON-DISCRIMINATION 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 LEASED PROPERTIES 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. XXI. 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 signed by both LESSOR and LESSEE and shall be incorporated as a part of this Lease. Agreement. XXII. 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. XXIII. 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. XIV. CONSTRUCTION OF AGRSSMNT This Lease Agreement shall be construed and enforced according to the Laws of the State of Florida. -6- t tXXV . SEVERABILITY 8 1 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. XXVI. 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. XXVII. 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 st:ict 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. XXVIII. 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 reasonable period of time LESSOR shall give LESSEE notice of such fact and shall have the right to terminate this Lease Agreement. LESSEE shall provide LESSOR with written notice of any failure to perform or comply with the terms and conditions contained herein to be performed by LESSOR. If LESSOR fails to cure said default within a reasonable period of time, LESSEE shall give LESSOR notice of such fact and shall have the right to terminate this Lease Agreement. XIX. ENTIRE AGREEMENT This Lease Agreement represents the total agreement between the parties. All other prior agreements between the parties _7- E1 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 STATE OF FLORIDA a municipal corporation of Department of Transpor- the State of Florida tation BY (Seal) BY: (Seal) ATTEST: ATTEST• Matty Hirai CITY CLERK APPROVED AS TO FORM AND APPROVED AS TO FORM CORRECTNESS. o ge L F r andez Attorney for the State City Attorn APPROVED AS TO INSURANCE REQUIREMENTS? Risk Man ment D' sic.n r � 14 F D 1 1_ 4 2 (; i = EXI T:BTT "A.. 1 PARCEL 709 S1:7C`rION 87270-2475 Those portions of Lots 4, 17, and 1.8, in Block 13N of "A. L. KNOwLTON FLAT OF MIAMI" as recorded in Plat Book B, at Page 41 of the Public Records of Dade County, Florida, and a portion of Lot 4 of "PERRY'S SUBDIVISION" as recorded in Plat Book 11 at Page 75 of the Public Records of Dade County, Florida, being more particularly described as follow:: •CJOMMB4cF. at a concrete monument at the intersection of the Monument Line of N.W. 4th Court with the Monument Line. of N.W. loth Street; thence N87"46001"E along said Monument Line Of N.W. 10th Street, a distance of 251.47 feet; thence N02013059"W, a distance of 25.00 feet to a point of intersection with the Westerly Limited Access Right -of -Way Line of North -South Expressway (I-95, S.R.9A), as recorded in Plat Book 83, at Page 21 of the Public Records of Dade County, Florida, said point .of intersection being the POINT OF BEGINNING= thence Continue Northwesterly along said Westerly Limited Access Right -of -Way Line _ with the following two courses and distanced thence 01037'20"W, a distance of 135.53 feet; thence N360521391W, a distance of 88.05 feet to the East line of Lot �of said Block 13N; thence .S02*15'59"E along said East line, a istance of 26.41 feet] thence _ S36"52139"E, parallel with and 15.00 feet Southwesterly of said Limited Access Right -of -Way Line, a distance of 6S.62 feety thence S31-37120"E, parallel with and 15.00 feet Southwesterly of said Limited Access Right -of -Way Line, a distance of 128.00 feet to the Northerly Right-of-way Line of said N.W. loth Streety thence Northerly and Westerly along said Northerly Right -of -Way Line along the followinn two courses and distances; thence N02016102"W, a distance of 1.40 feet,; thence N97046'01"E, A distance of 36.43 feet to L1te K)IN'_ Or 1)E;t;INNIHG. Al -SO O r-- _ A .41 F . A :hose portions of rats 1, 2 and 3 of "A. T.CART.ER'S nsirBmisioNn as rFcordel in Plat Book it, tnt Rv-10 157 of the Public Records of Dade County, Flori0n, beinq snore particularly decor. ibed as f o l low.-: . . P CON: E.NC:E at a concrete monument at the intersection of the Monument Like of N.W. 4th Court with the Monument Line of N.W. 10th Streets thence N87°46101"E along said Monument Line of N.W. loth Street, a distance of 251.47 feet: thence N02013159"W, a distance of 25.00 feet to a point of -intersection with the Westerly Limited Access Right -of -Way Line of North -South Expressway (I-95, S.R. 9A) as recorded in Plat Book 831 at Page 21 of the Public Records of Dade County, Floridal thence continue Northwesterly along said Westerly Limited Access Right -of. -Way Line with the following two courses and distances thence N31037120"W, a distance of 135.53 feet'; thence N360521398W, a distance of 176.09 feet to the POINT OF Ai�GINNINGt thence N36008105"W along said Limited Access Right -of -Way Line, a distance of 32.42 feet to the South Right -of -Way Line of N.W. 11th Streetl thence S87045142"W alone said South Right-of-W$y Line, a distance of 18.07 feet; thence S36*08105"E, parallel with and"15.00 feet Bs-Aorc m,�! personally appeared S4'pN*-J A (2,41-K and CrLi tt� bed, 4,bor- r+ o to me well known and known to be the Mayor or :ice Mayor, and Deputy Clerk of Dade County, Florida, who executed the foregoing instrument, and acknowledged to and before me that they executed said instrument fir the purposes therein expressed. 14ITNESS my hand and off ic;_al seal, this day of M 01-1 , 190 f 'i1 fC £TATE OF n.cm 1 . i•1 CXF. Vl.. .:.i My Commission expires: _ 1W "�: 14G�9�G29T i DUPLICATE DADE COUNTY QUIT CLAIM DEED i IH `' QUIT CLAIM DEED, executed this 18 , day of November A.D., 1986, Dade Countv, Florida the County of Dade, State of Florida, party of the first part, Iu: City of Miami (to city ") a Florida Municipal Corporation or 3500 Pan American "ripe, Miami, Florida 33133 WITNESSED, that the said party of the second part, for and in consideration of th-i sum of Ten Dollars and other good and valuable considerations to said party C the first part, in hand paid by the said party of the second part, the receipt whi+reof is hereby acknowledged, has remised, released and quit -claimed unto the said party of the second part, its successors, heirs and assigns forever, all the r';,,hts, title, interest, claims, more particulary the reverter rights contained .r, County Deed executed January 17 , 1984, and recorded in Official Records Book 12052 , at Pages 2020-2026 and demand which the said party of tho first part his in and to the following described land, situate, lying, and being in the County of Dade, State of Florida to wit: See Attached Exhibit "A", Legal Description TO HAVE AND TO HOLD the same, together with all and singular the appurtenances thereto belonging or in anywise appertaining, and all the estate, rights, title, interest and claims whatsoever of the said party of the first.part, either in -- law or equity, to the only proper use, benefit and behalf of the said party of the second part, its successors, heirs and assigns forever. IN WITNESS 6IHEREOF,v.the said party of the first part has caused these presents to be executed in -its name by its Board of County Commissioners acting by the Ahnyor or Vice Mayor of said Board, the day and year aforesaid. P.ICILIRD P. BRINKER, CLEPK •• .••• : G0 M MS•S. CA,DDSE sue•: ir rrn tj Deputy Clark Circuit Court This instrument was prepared by: Sidney Beckom Dade County F. !D 1401- N.W. ? ctreet, Bldg. "C" Miami, Flori is 33125 DADE COUNTY, FLORIDA BY ITS BOARD OF COUNTY COMMISSIONERS By: ITJ MLWOR OR VICE WAYOR RECEIVED CITY of ML4SU MAY 2 3 �98g 6ENERAI SfRYiCLS ADMINIST _ PROPERTr & WSEammill r ' s. , %D CK. :s 0- M CL r. ,, R m tRG� L 7U-1 [;\1118LT "A" Lunt_ 0CSCRIPT10fl Ail of Lots 13 to 36 inclusive of A.T. CARTERS IIESU1301VISI014 QF t)LMK 13 NORTH, according to the plat th8re0f , as recorded In Plat Rook "El" at' 1'390 167, of the Public Records of Dade County, ['lorlda. I PARCEL NO. Z7-1 That part of Lot 4 in Block 13 NORTH of MAP OF NILAMI, according to tile- plea thereof recorded in Plat Book B at Page 41 of the Public Records of Dade County, Florida which lies South of West of lands previously acquired by the State Road Department of Florida. PARGEL NE O. Z7-3 Lots 1 through 8, inclusive, of A. T. CARTER'S RE -SUBDIVISION. according to the plat thereof recorded in flat Book B at Page 167 of the Public Records of Dade Couctity, Florida. PARCEL NO. 27-4 Lots 9 and 10 of A. T. CARTER IS RESUBDIVISION, according to the plat thereof recorded in Plat Book B at Page 167 of the Public Records of Dadee County, Florida. PARCEL NO. Z7-5 Lots 11 and 1Z of A. T. CARTER'S RE-SU BDIVISION, according; to the plat thereof recorded in Plat Book B at Page 167 of the Public Records of bade County, Florida. PAItCFL NO. 27-6 Lot 16 i►c Block 13, NOR'1'I I OF MAP OF MIAMI, according to tice plat thereof recorded in Plat Book 13 at Page 41 of tice Public Records of Dade County, Florida. PARCEL NO. 27-7 ±. Lot 17, ice- Block 13 Nortl► of htAP OF MIAMI, according to the plat thereof .recorded it% Plat Book B at Page 41 of the Public Records of Dade County, Florida, Less those portions thereof previously acquired by the State Road Department of Florida. M 14099 0i' l PARCEL NO. 27- That part of Lot 18 in Block 13 NORTH of MAP OF MIAMI, according to the plat thereof recorded in Plat Book B at Page 41 of the Public Records of Dade County, Florida, which lies South and Z-lest of lands previously acquired by the State Road Department of Florida. PARCEL NO. 27-9 Lot 4 of PARRY'S RESUBDIViSION, _ according; to the plat thereof recorded An Plat Book I at Page 75 of the Public Records of Bade County, Florida; less that portion previously acquired by the State Road Department of Florida. 0 C!T� OF IJ;Al; FLORIDA CA=21 INTER -OFFICE MEMORANDUM Honorable Mayor and tdembers of CiA'� NOV Z 7 1969 `}`- The City commission Resolution Authorizing SURACI Lease Agreement/Depart- ment of Transportation/ State of Florida/City RE°ERE!,CES of Miami Cesar H. Odio City Manager E► CLOS.1FES RECOMMENDATION It is respectfully recommended that the City Commission adopt the attached Resolution authorizing a Lease Agreement by and between the Department of Transportation, State of Florida, and the City of Miami for the use of a portion of the property known as 1009 N. W. 5th Avenue, Miami, Florida, and legally described on the attached Exhibit A. BACKGROUND The Property and Lease Management Division of the General Services Administration has prepared the Lease Agreement by and between the Department of Transportation, State of Florida and the City of Miami. The Department of Transportation has requested the use of a narrow strip of land adjacent to the I - 95 expressway for the purpose of construction of a transportation project. The lease is limited to a five year period of time. Lnclosure: Resolution for Proposed Lease Agreement Lease Agreement -� CA2I-/