Loading...
HomeMy WebLinkAboutR-87-0667W] I' RE80LUTION 140. _ `�' 1' A RESOLUTION AUTHORIZING THE CITY (MANAGER TO 8X8CUTE A LEASE AGREEMENT IN SU!3STAN'TIALt►Y THE ATTACHED FORM AND IN A FORM ACCEPTABLE TO THE CITY ATTORNEYt WITH DADE COUNTYt FLORtbht FOR THE LEASE OF APPROXIMATELY 1,093 SQUARE FEET AT 1888 NORTHWEST 21ST STREET IN THE ALLAPATTAH NEIGHBORHOOD SERVICE CENTER# MIAMIp PLORIDA, FOR THE CITY'S USE AS A POLICE SUB -STATION IN ACCORDANCE WITH THE INTENT AND PURPOSES FOR WHICH THE COUNTY 5STABLISHED SAID CENTER FOR A 'TERM OF ONE YEAR COMMENCING JULY 1, 1987, BEING RENEWABLE ANNUALLY AT THE OPTION OF THE CITY AND SUBJECT TO THE CANCELLATION BY THE COUNTY UPON 30 DAYS NOTICE. BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDAt 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 Dade County, Floridan for the lease of approximately 1,093 square feet at 188e Northwest 21st Street in the Allapattah Neighborhood Service Center, Miami, Florida, for the City's use as a police sub- station in accordance with the intent and purposes for which the county established said center for a term of one year commencing July 1, 1987, being renewable annually at the option of the City and subJect to the cancellation by the County upon 30 days notice. PASSED AND ADOPTED this 9th day of r ATTES t MATTY HIRAI CITY CLERK # PREPARED AND APPROVED BY; 1 i RO[3ER CLERK CHIEF DEPUTY CITY ATTORNEY RFCtb6saH484 7. 11CMARKS: APP AS TO FORM AND ESSI LUCTA A. UG CITY ATTORNEY 87. CITY COMMISSION MEETING OF JUL 9L1987 SOLUTION No. 8'-� _6'' 2 1Z RETROACTIVE LEASE AGREEMENT This AGREEMENT made and entered into this day of 19 , by and between DADE COUNTY, a political subdivision of the State of Florida, herein sometimes designated or referred to as the LANDLORD, and CITY OF MIAMI hereinafter referred to as 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 1,093 square feet of space at 1888 N.W. 21 Street in the Allapattah Service Center. TO HAVE AND TO HOLD unto the said TENANT for a term of one year i commencing July 1, 1987 and terminating June 30, 1988, for and at a total rental of one (1) dollar per year, payable in advance to the Board of County Commissioners, Neighborhood Service Centers Division, Suite 2210, 111 N.W. 1 First Street, Miami, Florida 33128-1985, or at such other place and to such i { 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 a City of Miami Police Sub -Station. Property Number: 3127-03-01 1 E S� 5 A ARTICLE II CONDITION OF PREMISES 1. The TENANT hereby accepts the premises in the condition they are in at the beginning of this Lease. ARTICLE III UTILITIES AND CUSTODIAL SERVICES The LANDLORD, during the term hereof, shall pay all charges for water and electricity used by the TENANT and shall provide janitorial and custodial services. ARTICLE IV MAINTENANCE The LANDLORD agrees to maintain and keep in good repair, condition and appearance, during the tens of this Lease, or of any extension or renewal thereof, the exterior of the building, and the following: Interior of building; Air-conditioning equipment The TENANT shall be responsible for the following within the demised area: installation, maintenance and monthly costs for all telephone equipment as well as comply with the provisions of Article XVII, Additional Provisions. Damage to the demised area caused by the negligence of the TENANT, its employees, invitees or clients. ARTICLE V LIABILITY FOR DAMAGE OF INJURY The COUNTY shall not be liable for any damage or injury which may be sustained by any party or persons on the demised premises other than the damage or injury caused solely by the negligence of County. - 2 - iI t ARTICLE VI 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 injury 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 VII 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 - it' a ARTICLE VIll NO LIABILITY FOR PERSONAL PROPERTY All personal property placed or moved in the premises above described shall be at the risk of 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 Exterior signs will be of the design and form of letter to be first approved by the LANDLORD, the cost of painting to be paid by the TENANT. All signs shall be removed by TENANT at termination 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. 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 examine 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. Said right of entry shall likewise exist for the purpose of removing placards, signs, fixtures, alterations, or additions which do not conform to this Agreement. ARTICLE XI PEACEFUL POSSESSION Subject to the terms, conditions, and convenants 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. - 4 - e ARTICLE XII 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 term of this Lease, ordinary wear and tear, and damage by fire and windstorm or other Acts of God, excepted. ARTICLE XIII INDEMNIFICATION AND HOLD HARMLESS To the extent allowed by law, the TENANT shall indemnify and save the County harmless from any and all claims, liability, losses and causes of action which may arise out of the fulfillment of this Lease. The TENANT shall pay all claims and losses of any nature whatever in connection there- with, and shall defend all suits, in the name of the County when applicable, and shall pay all costs and judgments which may issue thereon. ARTICLE XIV 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. ARTICLE XV CANCELLATION AND RENEWAL Either party shall have the right to cancel this Lease Agreement at any time during the term of this Lease, or any extension thereof, by giving the other at least 30 days written notice -5- f prior to its effective date. The County may cancel through the County Manager " or his designee. This Lease automatically renews itself annually, subject however, to conditions and stipulations set forth in this Lease Agreement, by the giving of notice by the TENANT in writing to the LANDLORD at least 90 days prior to the expiration of this Lease or any extension thereof subject to a joint annual review. ARTICLE XVI NOTICES It is understood and agreed between the parties hereto that written notice addressed to LANDLORD and mailed or delivered to the Director, General Services Administration, Suite 2410, ill Northwest First Street, Miami, Florida 33128-1988, shall constitute sufficient notice to the LANDLORD, and written notice addressed to TENANT and mailed or delivered to the address of TENANT at 1390 N.W. 20th Street; Miami, Florida 33142, shall constitute suffi- cient notice to the TENANT to comply with the terms of this Lease. Notices provided -herein in this paragraph shall include all notices required in this Lease or required by law. ARTICLE XVII ADDITIONAL PROVISIONS 1. Mechanics. Materialmen and Other Liens TENANT agrees that it will not permit any mechanics, materialmen or other liens to stand against the demised premises for work or materials furnished TENANT, it being provided however, that TENANT shall have the right to contest the validity of any such lien or claim, but upon a final determination of the validity thereof, TENANT shall immediately pay any judgment or decree rendered against the TENANT, with all proper costs and charges, and shall cause any such lien to be released of record without cost to the County. 2. Non -Discrimination The Board of County Commissioners declared and established as a matter of policy, by Resolution No. 9601 dated March 24, 1964, that there shall be no - 6 - discrimination based on race, color, creed or national origin in connection u with any County property of facilities operated or maintained under lease, license or other agreement from Dade County or its agencies. The TENANT agrees to comply with the intent of Resolution No. 9601, dated March 24, 1964, involving the use, operation, and maintenance of the property and facilities included in this Lease Agreement. 3. Other Additional Provisions It is further understood and agreed by the respective parties hereto that this Lease is subject to the intent and purposes for which the County esta- blished the ALLAPATTAH NEIGHBORHOOD SERVICE CENTER. A. It is agreed that the TENANT shall: 1. Work cooperatively with the Director and designated staff of the Dade County Department of Human Resources to provide coordinated service delivery to its clients and other eligible clients of the ALLAPATTAH NEIGHBOR- HOOD SERVICE CENTER hereinafter called the "Center". 2. Provide all furniture and equipment, other than that which is provided by the LANDLORD, necessary to sustain its staff in carrying out their responsibilities. 3. Comply with the Center Employees Handbook, which is incorporated herein by reference, and with the Center statistical reporting requirements. 4. Pay all costs for telephones assigned to the TENANT on the basis of the number, costs of instruments, and lines used by its staff plus long distance calls. -7- $ 6k.; S. Wherein feasible and desirable, enter into such other cost sharing agreements not provided for in this Lease as may be mutually agreed to by the TENANT and the Department of Human Resources through its office of Neighborhood Service Center. 6. TENANT will serve as guard service when using Building "B" after 7:00 p.m., Monday through Friday and on weekends when there is no assigned guard on duty for whatever reason. 7. Pay for all costs to use the Center's copying machine on the basis of the number of copies made by its staff. The TENANT will be invoiced monthly by the Neighborhood Service Center Division's Fiscal Unit. If the TENANT defaults on any payment, TENANT will be denied the privilege of using the copy machines until such time as payments due are made in full. 8. It is agreed that if TENANT's program description changes substantially during the course of the Lease, the Director of Human Resources must be notified within thirty*(30) days prior to the change taking effect, in order to determine if it will bring added cost to the CoLtnty, which may result in added charges to the TENANT. 9. The TENANT agrees to submit a monthly report to the Director of the Service Center detailing its activities. 10. If the TENANT adds any major equipment, such as copy machine(s) or computers, the Tenant understands that the rent may be subject to revision. B. It is agreed that Dade County through its Department of Human Resources shal 1: 1. Provide for the use of all common space of the Center by the TENANT's clients and staff. i ft 2. Provide for the referral of clients to the TENANT and assistance with client follow up through the Center Case Management System. 3. Work cooperatively with the staff of the TENANT to provide coordi- nated human service delivery to its clients and other clients of the Center. C. It is agreed that both parties shall: Provide for a joint annual review of this Agreement, or earlier if requested by either party, to make alterations to this Agreement, if required, at least 90 days prior to expiration or any extension thereof. D. Additional Conditions: 1. The obligations of Dade County under this Lease Agreement are subject to the availability of funds lawfully appropriated annually for the operation of the Center by the Board of County Commissioners and/or the availability of funds through contract or other grant programs. 2. If funds or grants have not been appropriated or allocated for the operation of the Center, the County shall have the right to establish the terms and conditions for the continuation of the lease during the period for which funds have not been appropriated or allocated by giving thirty (30) days written notice to the TENANT. 3. If funds or grants have not been appropriated or allocated for the operation of the TENANT program, the TENANT may terminate this Lease by giving the County thirty (30) days written notice. -9- l a* ARTICLE XVIII 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. ft IN WITNESS WHEREOF, the LANDLORD and TENANT have caused this Lease Agreement to be executed by their respective and duly authorized officers the day and year first above written. (OFFICIAL SEAL) ATTEST: RICHARD P. BRINKER, CLERK By: Deputy Clerk ATTEST: By: . Matty Hirai City Clerk (OFFICIAL SEAL) DADE COUNTY, FLORIDA BY ITS BOARD OF COUNTY COMMISSIONERS By: Sergio Pereira County Manager (LANDLORD) CITY OF MIAMI BY: Cesar Odio City Manager (TENANT) - 10 - S, .y--• ,.y��r