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HomeMy WebLinkAboutR-88-02101^ 7- J- 88- 220 02/24/88 RESOLUTION NO. R10 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A LFASr AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM AND IN A FORM ACCEPTABLE TO THE. CITY ATTORNEY, WITH METRO-DADE COUNTY, FLORIDA, FOR THE LEASE OF APPROXIMATELY 1,265 SQUARE. FEET OF SPACE IN THE OVERTOWN SHOPPING CENTER, LOCATED AT 1490 NORTHWEST THIRD AVENUE., MIAMI, FLORIDA, SAID SPACE TO BE USED IN CONNEcrioN WITH THE YOUTH AND FAMILY SERVICE. PROGRAM; AUTHORITY BEING GIVEN FOR SAID AGREEMENT TO REMAIN VALID FOR TWO YEARS, WITH TWO OPTIONAL RENEWAL, PERIODS, AT A RENTAL RATE TOTALING $10,752.00 FOR THE TWO-YEAR PERIOD. BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The City Manager is hereby authorized to execute a lease agreement in substantially the attached form and in a form acceptable to the City Attorney, with Metro -Dade County, for the use of approximately 1,265 square feet of space in the Overtown Shopping Center, located at 1490 Northwest Third Avenue, Miami, Florida, said space to be used in connection with the Youth and Family Service Program, with authority being hereby given for said agreement to remain valid for two years, with two optional renewal periods, at a rental rate totaling $10,752.00 for the two-year period. PASSED AND ADOPTED this loth day of March 1988. XAVIER L. SU , MAYOR A MA TY HIRAI CITY CLERK PREPARED AND APPROVED BY: /' �" 4 , " � '-'; r. ROBERT F. CLARK CHIEF DEPUTY CITY ATTORNEY APPROVE; AS TO FORM AND CORREC S: LU DOUG ERTY C Y ATTORNE t CITY COMMIS 13W MEETING OF MAR 10 1969 TION No. A"10. l% LEASE AGREEMENT THIS LEASE AGREEMENT, made on the day of , 19 , by and between CITY OF MIAMI, a Municipal Corporation of the State of Florida, hereinafter called the "LANDLORD" and DADE COUNTY, a political subdivision of the State of Florida, hereinaaer called the "TENANT", WITNESSETH: That the LANDLORD, for and in consideration of the restrictions and covenants herein contained, hereby leases to the TENANT, and the TENANT hereby agrees to hire from the LANDLORD, the premises described as follows: Approximately 1,265 square feet of space at the Overtown Shopping Center, 14 90 Northwest Third Avenue. TO HAVE AND TO HOLD unto the said TENANT for a term of two (2) years, commencing April 1, 1988, or upon date of occupancy and terminating March 31, 1990, for and at a total rental of Ten Thousand, Seven Hundred Fifty -Two and 50/100 ($10,152.50) Dollars, payable in equal monthly installments of Four Hundred Forty -Eight and 02/100 ($448.02) Dollars, payable in advance on the first day of every month to Property and Lease Management Division, Department of General Services Administration at 1390 Northwest 20 Street, Miami, Florida 33142, or at such other place and to such other person as the LANDLORD may from time to time designate in writing. _ IT IS FURTHER MUTUALLY UNDERSTOOD AND AGREED BY THE RESPECTIVE PARTIES HERETO: ARTICLE I USE OF DEMISED PREMISES The area of the demised premises shall be used by the TENANT for the performance of County business by County departments, agencies and authorities and for the performance of work incidental thereto, which will necessarily entail services performed for the general public. Property #3136-00-01 EI�10. I^ ARTICLE II CONDITION OF PREMISES The LANDLORD, at its own expense, shall cause the demised premises to be in a state of good repair and suitable for usage by the TENANT at the commencement of this Lease, subject to the prmvl sions specified in Article XX, "Additional Provisions". Subject to the above, the TENANT hereby accepts the premises in the condition they are in at the beginning of this Lease. ARTICLE III UTILITIES The TENANT, during the tern hereof, shall pay all charges for water, waste disposal services and electricity used by the TENANT. ARTICLE IV MAINTENANCE The LANDLORD agrees to maintain and keep in good repair, condition and appearance, during the term of this Lease, or of any extension or renewal thereof, the exterior of the building, and the following: Roof Air-conditioning system. Plumbing and electrical to the demised premises. Sewerage and drain field. Parking lot and all common areas. All outside lighting for building and parking area. Landscaping. Security grillwork over windows and doorway in breezeway. Trash removal. Janitorial and custodial services for all common areas. Upon failure of the LANDLORD to effect repairs, pursuant to this Lease, after thirty (30) days written notification to do so by the TENANT, the TENANT may cause the repairs to be made and deduct their cost from the rental payments due and to became due until in each instance the TENANT has fully recovered such costs in accordance with audited costs of repair furnished by the TENANT to the LANDLORD. 0 -2 - i^ The TENANT shall be responsible for the interior of the demised premises, including janitorial and custodial services, installation and maintenance and all charges for telephone services. ARTICLE V ALTERATIONS BY TENANT The TENANT may make reasonable non-structural alterations, additions or improvements in or to the premises without the written consent of the LANDLORD. All additions, fixtures or improvements (except but not limited to store and office furniture and fixtures which are readily removable without i nj ury to the premises) shall be and remain a part of the premises at the expiration of this Lease. Subject to the above, any carpeting and removable partitions installed by the TENANT within the demised premises shall remain the TENANT's property and may be removed by the TENANT upon the expiration of the Lease Agreement or any renewal or cancellation thereof. ARTICLE VI DESTRUCTION OF PREMISES In the event the demised premises should be destroyed or so damaged by fire, windstorm or other casualty to the extent that the demised premises are rendered untenantable or unfit for the purpose of the TENANT, either party may cancel this Lease by the giving of written notice to the other; however, if neither party shall exercise the foregoing right of cancellation within thirty (30) days after the date of such destruction or damage, the LANDLORD shall cause the building and demised premises to be repaired and placed in good condition as soon as practical thereafter. In the event of cancellation, the TENANT shall be liable for rents only until the date of such fire, windstorm or other casualty. In the event of partial destruction, which shall not render the demised premises wholly untenantable, the rents shall be propor- tionately abated in accordance with the extent to which the TENANT shall be deprived of use and occupancy. The TENANT shall not be liable for rent during such period of time as the premises shall be totally untenantable by reason of fire, windstorm or other casualty. -3- :: 1 a ^ ARTICLE VII HANDICAPPED The LANDLORD agrees that the demised premises shall, at LANDLORD's expense, be brought into conformance with the requirements of Section 255.21, Florida Statutes, providing standards for sl%cial facilities for the physically disabled. ARTICLE VIII NO LIABILITY FOR PERSONAL PROPERTY All personal property placed or moved in the premises above -described shall be at the risk of the TENANT or the owner thereof. The LANDLORD shall not be liable to TENANT for any damage to said personal property unless caused by or due to negligence of LANDLORD, LANDLORD's agents or employees. ARTICLE IX SIGNS LANDLORD shall provide space on the front facade of the Shopping Center for TENANT to place a sign, which shall be highly visible from the street. TENANT may also paint a sign on the front windows of the demised premises. Exterior signs will be of the design and form of letter to be first approved by the LANDLORD and in conformity with the approved design for the Shopping Center, the cost of painting to be paid by the TENANT. All signs shall be removed by TENANT at tennination of_ this Lease and any damage or unsightly condition caused to building because of or due to said signs shall be satisfactorily corrected or repaired by TENANT. Such approval by LANDLORD shall not be unreasonably withheld. ARTICLE X LANDLORD'S RIGHT OF ENTRY LANDLORD, or any of its agents, shall have the right to enter said premises during all reasonable working hours to exmaine the same or to make such repairs, additions or alterations as may be deemed necessary for the safety, comfort or preservation thereof of said building or to exhibit said premises and to put or keep upon the doors or windows thereof a notice "FOR RENT" at any time within thirty (30) days before the expiration of this Lease. -4- 8"10 ARTICLE XI LIABILITY FOR DAMAGE OR INJURY The County shall not be liable for any damage or injury which may be sustained by any party or person on the demised premises other than the damage or injury caused solely by the negligence of County. ARTICLE XII PEACEFUL POSSESSION Subject to the terms, conditions and covenants of this Lease, LANDLORD agrees that TENANT shall and may peaceably have, hold and enjoy the premises above -described, without hindrance or molestation by LANDLORD. ARTICLE XIII SURRENDER OF PREMISES TENANT agrees to surrender to LANDLORD, at the end of the term of this Lease or any extension thereof, said leased premises in as good condition as said premises were at the beginning of the tern of this Lease, ordinary wear and tear and damage by fire and windstorm or other Acts of God, excepted. ARTICLE XIV INDEMNIFICATION AND HOLD HARMLESS The County does hereby agree to indemnify and save the LANDLORD harmless, to the extent of the limitations included within Florida Statutes, Section 768.28, from any and all claims, liability, losses and causes of actions which may arise solely as a result of the County's�negligence; however, nothing in this Section shall indemnify the LANDLORD for any liability or claim arising out of the negligence performance or failure of performance required of the LANDLORD or as a result of the negligence of any third party. ARTICLE XV SUCCESSORS IN INTEREST It is hereby covenanted and agreed between the parties hereto that all covenants, conditions, agreements and undertakings contained in this Lease shall extend to and be binding on the respective successors and assigns of the respective parties hereto, the same as if they were in every case named and expressed. -5- 8"10. ARTICLE XVI SUBORDINATION The TENANT covenants that this Lease is and at all times shall be subject a nd subordinate to the lien of any mortgages now existing or which the LANDLORD or any subsequent owner of the demised premises shall make covering said demised premises, or the building of which said premises are a part, and to any and all advances made or to be made under said mortgage or mortgages and to the interest thereon. ARTICLE XVII OPTION TO RENEW Provided this Lease is not otherwise in default, the TENANT, through its County Manager or his designee, is hereby granted the option to extend this Lease for two (2) additional two (2) year renewal periods, by giving the LANDLORD notice in writing at least sixty (60) days prior to the expiration of this Lease or any extension thereof. The rent for the renewal period will be increased by a percentage equal to the percentage increase in the Consumer Price Index for the wage earners and clerical workers during the previous two (2) year period. LANDLORD shall notify TENANT of any increase in the monthly rent resulting from such computation and TENANT shall pay the LANDLORD the amount of such increase retroactively to the effective date of the renewal. ARTICLE XVIII CANCELLATION The TENANT, through its County Manager or his designee, shall have the right to cancel this Lease Agreement at any time by giving the LANDLORD at least sixty (60) days written notice prior to its effective date. -6- 19"10 4 ARTICLE XIX NOTICES It is understood and agreed between the parties hereto that written notice addressed to TENANT and mailed or deUvered to the Director, General Services Administration, III Northwest First Street, Suite 2410, Miami, Florida 33128-1988, shall constitute sufficient notice to the TENANT, and written notice addressed to LANDLORD, and mailed or delivered to the address of the LANDLORD at 1390 Northwest 20 Street, Miami, Florida 33142, shall constitute sufficient notice to the LANDLORD, to comply with the teens of this Lease. Notices provided herein in this paragraph shall include all notices required in this Lease or required by law. ARTICLE XX ADDITIONAL PROVISIONS Prior to occupancy, LANDLORD will: 1. Provide an opening within the South 10' of the West wall for the installation by the TENANT of a paint grade solid core wood door - 3'0" x 7'0" x 1-3/4" in a steel frame. The cost of the door and installation to be paid by TENANT. 2. Install and pay for iron grillwork protection over the breezeway windows and entrance door. ARTICLE XXI WRITTEN AGREEMENT This Lease contains the entire agreement between the parties hereto and all previous negotiations leading thereto, and it may be modified only by resolution approved by the Board of County Commissioners. -7- 19 "10 IN WITNESS WHEREOF, the LANDLORD and TENANT have caused this Lease AgreVnent to be executed by their respective and duly authorised officers the day and year first above written. (OFFICIAL SEAL) ATTEST: By: a ty HIRE City Clerk (OFFICIAL SEAL) ATTEST: RICHARD P• BRINKER, CLERK By• Deputy C er n -i- CITY OF MIAMI By: Mar o City Manager (LANDLORD) DADE COUNTY, FLORIDA BY ITS BOARD OF COUNTY COMMISSIONERS By: Sergio Pare ra County manager (TENANT) i • 21 rp" Of MIAM1, P1.0"IDA IPIT(AdOffICi MEMORANDUM Honorable Mayor and Wt MAR _ 1 1988 h<< Member* of the City Commission sU6.09c. Resolution kuthorizing a Lease Agreement with Metro Dade County coo Cesar H. Odio 111a401«chc.LS City Manager [NCLOSUArf RECOMMENDATION t It is respectfully recommended attached resolution authorizing County, for use of space in the at 1490 Northwest Third Avenue, BACKGROUND: that the City Commission adopt the a lease agreement with Metro Dade Overtown Shopping Center, located Miami, Florida. The General Services Administration Department has been working with Metro Dade County concerning use of approximately 1,265 square feet of space in the Overtown Shopping Center. The County already has a lease to operate a Health i Family Services program in the Center serving the Overtown residents. However, they have expanded their activities with the result that the space they currently occupy is inadequate for their needs. They are therefore interested in ranting additional space immediately adjacent to the existing facility so that they may continue to provide this valuable social service to the community. The lease will be for an initial two-year period, with two two- year optional renewal periods. The return in rental to the City for the two --year period will total $10,752.00, or $4.25 per square feet, triple net. Attached: Proposed Resolution Proposed Lease Agreement al -1