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HomeMy WebLinkAboutR-86-00991 J-86- 84 1 E iI 1 i z i RESOLUTION NO. _ 8 6 -9 q A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A LEASE AGREEMENT, IN THE FORM ATTACHED HERETO, WITH HOPE PRE- SCHOOL, INC., FOR A FIVE-YEAR PERIOD, TO OPERATE A PRE-SCHOOL AND DAY CARE FACILI- TY AT 7561 NE 1 AVENUE. i i WHEREAS, on October 24, 1985, by Resolution 85-1086, the City Commission accepted the proposal of Hope Pre -School to operate a pre-school and daycare facility at former Fire Station i #9, located at 7561 NE 1 Avenue; and WHEREAS, said resolution authorized the City Manager to ' enter into a lease agreement with Hope Pre -School for a five-year i i 1 period, with one five-year renewal option at the City's discretion; and WHEREAS, the City Commission approved the heretofore 3 I i mentioned lease agreement without recognizing any provision to i reimburse the Hope Pre -School for improvements; and WHEREAS, Prnperty & Lease Management conducted further i negotiations with the Hope Pre -School and the attached lease agreement represents the proposal being sought by the requesting agency; NOW, THEREFORE, 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 the form attached hereto with Hope Pre-Schnnl, for a five-year period, to operate a pre-schnnl and day care facility at 7561 NE 1 Avenue. PASSED AND ADOPTED this 13th day of FEBRUARY 1986. i XAVIER L. SUA43EZ, MAYOR AT T CITY COMMIS N MEETING OF MAT Y HIRAI, CITY CLERK FEB OMMION No. _ ISO 7 i t e j PREPARED AND APPROVED BY: ROBERT CLA, CHIEF DEPUTY TY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: LUCIA A. DOUGHERTY ' CITY ATTORNEY E { i f a i i 6 j i f 7 3 ti 3 i i �1 86-89 w - f� LEASE AGREEMENT THE LEASE AGREEMENT, made and entered into this day of , 1985, by and between the CITY OF MIAMI, a municipal corporation of the State of Florida (hereinafter called the "LESSOR"), and HOPE PRE-SCHOOL, INC., (hereinafter called the "LESSEE"). Now, therefore, in consideration of the mutual covenants hereinafter contained, the parties hereto covenant and agree as follows: 1. PREMISES TO BE LEASED For and in consideration of the mutual covenants hereinafter set forth, the LESSOR does hereby lease to the LESSEE the property described on the attached Exhibit I, located at 7561 N.E. 1st Avenue. 2. TERMS OF LEASE AGREEMENT The term of this Lease Agreement shall be five (5) years beginning on the date of the execution of this Lease Agreement, with one (1) five-year renewal option, exercisable by the City at its discretion. 3. USE OF PROPERTY LESSEE agrees that the property herein leased shall be used for the operation of a pre-school and day-care facility and all other operations appurtenant thereto. LESSEE agrees to comply with all State, County and City rules and regulations, and any other agency that may have jurisdiction in these matters. 4. IMPROVEMENT LESSEE agrees that no construction, repairs, alterations or improvements may be undertaken upon the demised premised unless the plans: (1) Be first submitted to Property and Lease Management, for presentation and review by all Departments and Offices with jurisdiction, and (2) Be approved by the City Manager of the City of Miami, Dade County, Florida, and wHFN RETL'RNI G FOR FURTHER ltk .Y. l'i.LciJ)r luL'� i 1FY AS 7 586 - 99 A (3) Be in compliance with all State, County and City rules and regulations, and any other agency that may have jurisdiction in these matters. Upon completion of construction, the paid invoices, receipts and other such documents shall be submitted to the City Manager and shall be incorporated herein and attached hereto. 5. CONSIDERATION LESSEE does hereby covenant and agree to pay the LESSOR, as rental for the use and occupancy of the Leased Premises throughout the period of this Lease Agreement, the sum of Four Hundred Dollars ($400.00) per year in advance, beginning on the date of the execution of this Lease Agreement, and on the first day of each and every year thereafter for the period of time the LESSEE occupies the demised premises. Any changes to the use of the property approved by the City Manager, pursuant to Section 3, shall require additional consideration as may be mandated by the City Manager. i 6. INSURANCE Hope Pre -School, Inc., shall maintain during the term of this Lease Agreement the following insurance: l - A. General Liability Insurance on a Comprehensive General i s Liability coverage form or its equivalent, with a combined single limit of at least One Million Dollars ($1,000,000.00) for bodily injury and property damage liability. Products and completed operations coverage, personal injury, contractual liability, and premises medical payments coverages shall be included. The CITY i shall be named as an Additional Insured. • B. Automobile Liability Insurance covering all owned, non - owned and hired vehicles in amounts of not less than $100,000.00 per accident and $300,000.00 per occurrence for bodily injury and $25,000.00 property damage. C. The policy or policies of insurance required shall be written in a manner such that the policy or policies may not be canceled or materially changed without sixty -2- (60) days advance written notice to the LESSOR. Written notice shall be sent to the Risk Management Division, Department of Finance. Evidence of compliance with the insurance requirements shall be filed with the disk Management Division of the City of Miami prior to execution of this Lease Agreement and each renewal. Such insurance shall be subject to the approval of the Risk Management Division. All insurance policies required must be written by a company or companies rated at least "A" as to management and Class "X" as to financial strength, in the latest edition of the Best's Insurance Guide, published by Alfred M. Best Company, Inc., 75 Fulton Street, New York, N.Y. Compliance with the foregoing requirements shall not relieve the LESSEE of its liability pnd obligations, under this section or under any other portion of this Lease Agreement. 7. INDEMNIFICATION t i LESSEE covenants and agrees that it shall indemnify, hold i harmless, and defend the LESSOR from and against any and all i claims, suits, actions, damages or causes of action arising during the term of the Lease Agreement for any Personal Injury, 5 Loss of Life, or Damage to Property sustained in or about the Leased Premises, by reason of or as a result of the LESSEE'S occupancy thereof, and from and against any orders, judgements or decrees which may be entered thereon, and from and against all cost, attorney's fees, expenses and liabilities incurred in and about the defense of any such claim and the investigation thereof. 8. LICENSES LESSEE shall obtain and pay for all licenses and permits for the operation of the Leased Premises, if applicable, in compliance with all State, County and City rules and regulations, and any other agency that may have jurisdiction in these matters. 9. DAMAGES OR LOSS TO LESSEE'S PROPERTY LESSEE releases the LESSOR from any and all liability, cost -3- r 11166•OU y 6 # or expenses for damage, or loss to the LESSEE'S property for any cause whatsoever. Fencing around the premises and security are the sole responsibility of the LESSEE. 10. UTILITIES LESSEE shall pay for all utilities consumed on the premises as well as connection and installation charges thereof and waste collection, if any. 11. MAINTENANCE OF LEASED PREMISES LESSEE covenants and agrees that it shall, at its own cost and expense, maintain all Leased Premises in good and operable condition during the term of this Lease Agreement, and will keep the Leased Premises in a condition of proper cleanliness, orderliness and state of attractive appearance at all times. If the Leased Premises are note kept clean and attractive in appearance or proper state of repair, at the option of the LESSOR, or his designated agent, the LESSEE shall be so advised, and, if not corrected by the LESSEE within seven (7) days time, the LESSOR may cause the Leased Premises to be cleaned and/or repaired at the LESSEE's cost and expense, and the LESSEE shall reimburse the LESSOR within thirty (30) days from the notice to the LESSEE, for said costs and charges. Continued breach of this section will be considered a default of this Lease Agreement. 12. ASSIGNMENT AND SUBLETTING OF PREMISES LESSEE shall not, at any time during the term of this Lease Agreement, sublet any part of the premises, or assign this Lease . J Agreement or any portion or part thereof, except and by virtue of written authorization granted by •the City Commission to the LESSEE. 13. SUCCESSORS AND ASSIGNS This Lease Agreement shall be binding upon the parties herein, their heirs, executors, legal representatives, successors, and assigns. 14. EXAMINATION OF PREMISES LESSEE agrees to permit the LESSOR'S City Manager or his -4- a86Mgt) designee to enter upon the Leased Premises at any time for any purpose the LESSOR deems necessary to, incidental to or connected with the performance of the LESSOR'S duties and obligations hereunder or in the exercise of its rights or functions. 15. ADVERTISING LESSEE shall not permit any signs or advertising matter to be placed on any portion of the Leased Premises except with prior written approval of the City Manager or his designee. 16. RULES AND REGULATIONS LESSEE agrees that it will abide by any and all rules and regulations pertaining to the use of the Leased Premises which are not in effect, or which may at any time during the term of the Lease Agreement be promulgated. 17. TERMINATION , LESSEE agrees that it will perform and abide by all the terms and covenants of this Lease Agreement. In the event of any breach of any such term or covenant the LESSOR may terminate this Lease Agreement upon thirty (30) days notice of the LESSEE. LESSOR may terminate this Lease Agreement with or without E cause upon six (6) months notice, in writing, of the LESSOR'S intention to cancel this Lease Agreement, with the following provisions: a. LESSEE will not be compensated or reimbursed for structural costs expended in order to obtain a Certificate of Occupancy. b. LESSEE will be compensated for any structural improvements which exceed the cost~ of obtaining a j Certificate of Occupancy upon a schedule which will be agreed to in the event that LESSOR exercises its right to terminate. a C. That the costs contemplated only include structural costs, and that in the event of termination by LESSOR, LESSEE will be permitted to remove all furniture, equipment and fixtures, the removal of which would not disturb the structural integrity of the facility. d. LESSOR will only exercise its right to terminate for demonstrated public purposes related to providing essential municipal services. —5— V86.99 A t t 18. DEFAULT PROVISION In the event that LESSEE shall fail to comply with each and every term and condition of this Lease Agreement or fails to perform any of the terms and conditions contained herein, then LESSOR, at its sole option, upon written notice to LESSEE may cancel and terminate this Lease Agreement, and all payments, advances, or other compensation to be paid to LESSEE by LESSOR in terminating this Lease Agreement shall be forfeited by LESSEE as liquidated damages. 19. 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 other party at the address indicated herein or as the same may be changed from time to time. Such notice shall be deemed given on the day on which personally served; or if by mail, on the fifth day after being posted or the date of actual receipt, whichever is earlier. CITY OF MIAMI HOPE PRE-SCHOOL, INC. City Manager 12555 N.W. 17th Avenue P. 0. Box 330708 Miami, Florida 33167 Miami, Florida 33133 B. Title and paragraph headings are for convenient reference and are not a part of this Lease Agreement. C. In the event of conflict between the terms of this Lease Agreement and any terms or conditions contained in any attached documents, the terms in this Lease. -Agreement shall rule. 20. SURRENDER OF PREMISES Upon termination of this Lease Agreement by lapse of time or otherwise, the LESSEE will promptly and peacefully surrender and deliver possession to the LESSOR of the premises to which this Lease Agreement is applicable, in accordance with the covenants herein contained. 21. NON-DISCRIMINATION LESSEE agrees that there will be no discrimination against ME 1186-bul) 1 S i any person on account of race, color, sex, religious creed, ancestry, national origin, mental or physical handicap, in the use of the demised premises and the improvements thereof. It is expressly understood that upon presentation of any evidence of discrimination the LESSOR shall have the right to terminate this Lease Agreement. 22. AFFIRMATIVE ACTION PLAN An affirmative action plan requires that action be taken to provide equal opportunity, as in hiring or admission, for members of previously disadvantaged groups, such as women and minorities, and often involves specific goals and timetables. LESSEE, in furtherance of providing equal opportunity for previously disadvantaged groups such as minorities, shall institute an Affirmative Action'Plan. 23. AMENDMENTS LESSOR may, at its discretion, amend the Lease Agreement to conform with changes in applicable City, County, State and Federal laws, directives, guidelines and objectives. Such amendments shall be incorporated as a part of this Lease Agreement. 24. AWARD OF AGREEMENT LESSEE warrants that it has not employed or retained any person employed by the LESSOR to solicit or secure this Lease Agreement and that it has not offered to pay, paid, or agreed to pay any person employed by the LESSOR any fee, commission, percentage, brokerage fee, or'gift of any kind contingent upon or resulting from the award of making this Lease Agreement. 25. CONFLICT OF INTEREST LESSEE covenants that no person under its employ who presently exercises any functions or responsibilities in connection with this Lease Agreement has any personal financial interests, direct or indirect, in this Lease Agreement. The LESSEE further covenants that, in the performance of this Lease Agreement, no person having such conflicting interest shall be -7- /$a•99 i P employed. Any such interests on the part of the LESSEE or its employees, must be disclosed in writing to the LESSOR. LESSEE is aware of the conflict of interest laws of the City of Miami (Miami City Cade Chapter 2, Article V), Dade County, Florida (Dade County Code, Section 2-11.1) and the Florida Statutes, and agrees that it will fully comply in all respects with the terms of said laws. LESSEE, in the performance of this Lease Agreement, shall be subject to the more restrictive law and/or guidelines regarding conflict of interest promulgated by federal, state or local government. 1 26. CONSTRUCTION OF AGREEMENT This Lease Agreement shall be construed and enforced according to the laws of the State of Florida. 27. SEVERABILITY 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 sub.iect Lease Agreement and f.ha balance of the Lease Agreement(s) shall not be affected by the deletion thereof. 28. INDEPENDENT CONTRACTOR LESSEE and its employees and agents shall be deemed to be independent contractors, and not agents or employees of LESSOR, and shall not attain any rights or benefits under the Civil • J Service or Pension Ordinances of CITY, or any rights generally afforded classified or unclassified -employees; further it shall not be deemed entitled to the Florida Workers' Compensation benefits as an employee of LESSOR. 29. COMPLIANCE WITH FEDERAL STATE AND LOCAL LAWS Both parties shall comply with all applicable laws, ordinances and codes of Federal, State and Local Governments. 1186.00 , a 30. MINORITY PROCUREMENT COMPLIANCE LESSEE acknowledges that it has been furnished a copy of Ordinance No. 9775, the Minority Procurement Ordinance of the City of Miami, and agrees to comply with all applicable substantive and procedural provisions therein, including any amendments thereto. 31. WAIVER No waiver of any provision hereof shall be deemed to have been made unless such waiver be in writing signed by the City. The failure of the City of Miami 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. IN WITNESS WHEREOF, the parties hereto have individually, through their proper officials, executed this Lease Agreement the day and year above written. LESSOR: THE CITY OF MIAMI, FLORIDA LESSEE: HOPE PRE-SCHOOL, INC. a Municipal Corporation of The State of Florida BY CITY MANAGER ATTEST: CITY CLERK APPROVED AS TO FORM AND CORRECTNESS LUCIA A. DOUGHERTY CITY ATTORNEY APPROVED AS TO ''INSURANCE REQUIREMENTS R S MANAGEMENT -9- BY PRESIDENT (SEAL) ATTEST: *Y .-CORPORATE SEC ETARY 986-94 LEGAL DESCRIPTION OF FIRE STATION LOCATED AT 7561 NE FIRST AVENUE Lots 1, 2, and 3, Block 30, Little River Gardens Subdivision Blks. 24-32, according to the plat thereof, as recorded in Plat Book 7, page 26, of the Public Records of Dade County, Florida. EXHIBIT I 586-99 i CITY OF MIAMI, FLORIDA TER -OFFICE MEMORANDUM ,o 6 qa41 86 FE8 3 bATE November 26, 1985FILE �� EP i• ';'sy�;Ec,CITY 7A► 4MattyHi Or ., City Commission Agenda Item #23 herty REFERENCEsAmended Agreement City. Attorney ENCLOSUREsProposed Lease Agreement \The C1 Commission, at its meeting of tober 24, 1985 approved Item #23 dealing with the Hope Pre -School, Inc. greement for the -` of certain city -owned property; however, the City Commission did not adopt the measure as presented to them in the agenda package, but rather amended the proposed agreement which is attached thereto. The paragraph of the lease agreement that was amended by the virtue of the City Commission action was designated Paragraph #17 and the amended agreement was the revised Paragraph #17 as attached hereto. The Agreement which had been attached to the resolution and distributed to the Commission prior to the meeting of October 24th can be retained in your file for reference purposes, but the attached agreement should be affixed to'the•resolution as adopted by the City Commission on October 24, 1985. By way of background, the revised and amended lease agreement makes no provision whatever for the reimbursement to the proposed lessee of the city -owned property for the cost of any improvements to the premises during the period of the lease. Mr. Al Armada, the City's Property Lease Manager, is receiving a copy hereof for his file. LAD:RFC:bss/036 cc: Al Armada, Lease Management S __ III j Ct A TO. Honorable Mayor and Members of the City Commission FROM: Cesar Ii . Odio City Manager CITY OF MIAMI, FLORIDA �� INTER -OFFICE MEMORANDUM DATE: FEB V 986 FILE: SUBJECT Hope Pre -School, Inc. - Agenda Item REFERENCES: ENCLOSURES: It is recommended that the City Commission adopt a resolution authorizing the City Manager to enter into a Lease Agreement, in the form attached hereto, with Hope Pre -School, Inc., for a five-year period, for the property located at 7561 NE 1 Avenue. On October 24, 1985, Resolution 85-1086 was passed and adopted accepting the proposal of the Hope Pre -School, Inc., and authorizing the City Manager to execute a Lease Agreement for the use of abandoned Fire Station #9. However, the City Commission amended the Lease Agreement from that presented to them in the agenda package. The amendment specifically removed the provision from the Lease Agreement which would guarantee the lessee payment for permanent improvements made to the property amortized on a straight-line ten year basis, if the City were to exercise its option to terminate the Lease Agreement, with or without cause, upon six (6) months notice, in writing. Enclosed please find a memorandum dated November 26, 1985 from the City Attorney on the matter. Subsequently, the City received a letter from Long & Knox, 1 lawyers retained by Hope Pre -School, addressing Paragraph 17, TERMINATION, pertaining to reimbursement for permanent improvements and further requesting that certain provisions be i included in this paragraph of the Lease Agreement. The provisions have been incorporated into the Lease Agreement, and read as follows: a. LESSEE will not be compensated or reimbursed for structural costs expended in order to obtain a Certificate of Occupancy. 3 ay T b 9 is -c n 2 { j r Honorable Mayor and Hope Pre -School, Inc. Members of the City - Agenda Item Commission Page 2 b. LESSEE will be compensated for any structural improvements which exceed the cast of obtaining a Certificate of Occupancy upon a schedule which will be agreed to in the event that LESSOR exercises its right to terminate. C. That the costs contemplated only include structural costs, and that in the event of termination by LESSOR, LESSEE will be permitted to remove all furniture , equipment and fixtures, the removal of which would not disturb the structural integrity of the facility. d. LESSOR will only exercise its right to terminate for demonstrated public purposes related to providing essential municipal services. This Lease Agreement received the Law Department's initial approval and is part of this agenda package. The Lease Agreement will allow Hope Pre -School to operate a pre- school and day care facility at 7561 NE 1 Avenue for a five-year period, with one five-year renewal option at the City's discretion, at an annual rate of $400. Hope Pre -School has identified some $70,000 of its own funds that it intends to invest in permanent improvements to the property. Property & Lease Management recommends that the City Commission authorize the City Manager to enter into a Lease Agreement, in the form attached hereto, with Hope Pre -School. I