Loading...
HomeMy WebLinkAboutR-85-0831f" J-85-804 8/2/85 RESOLUTION NO. �•�`? s. A RESOLUTION AUTHORTZTNG THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT, IN SURSTANT TALLY THE FORM ATTACHED HERETO, WITH THE DEPARTMENT OF OFF-STREET PARKTNG FOR THE LEASE OF CERTAIN LANDS LOCATED AT THE SOUTHEAST CORNER OF SOUTHWEST 27TH AVENUE AND SOUTH DIXTF; HIGHWAY FOR USE AS A PARKING FACTLTTY. BE IT RESOLVED BY THE, COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The City Manager is herebv authorized to execute a Lease Agreement, in substantially the form attached hereto, with the Department of Off -Street Parking for lease of certain lands located at the Southeast corner of. Southwest 27th Avenue and South Dixie Highway for use as a parking facility. PASSED AND ADOPTED this 25th day of July, 1985. ATTEST: r eALPH ONGIE C y Clerk PREPARED AND APPROVED BY: ALL y Attorney Maurice A. Ferre MAURICE A. FERRE, Mayor APPROVED AS'TO FORM AND CORRECTNESS: LyCIA OUGHERTY City Attorney JEM/wpc/pb/B079 10: Sergio Pereira City Manger City of Miami FROM: Roger M. Carlton Director Department of Off -Street Parking RECOMMENDATION: 45 DATE: July 3, 1985 SUBJECT: LEASE AGREEMENT FOR PARKING LCT AT SW 27TH AVENUE AND SOUTH DIXIE HIGHWAY It is recommended that the City Commission approve a lease agreement with the Department of Off -Street Parking for a site located at the southeast corner of SW 27th Avenue and South Dixie Highway. BACKGROUND: The proposed site has been paved and used as a parking facility for ;many years. Recent development activity in this area denotes the need for improvement. The proposed parking facility will include a "Welcome to Coconut Grove" sign with substantial landscaping. The Department of Off - Street Parking has worked closely with nearby property owners to ensure that the design is in harmony with existing or proposed private construction. The proposal to lease the site was reviewed by the City Commission during the March 21, 1985 meeting and staff was authorized to prepare a final lease. ANALYSIS: The lease shall be for a period of forty (40) years. The Department will be responsible for all construction costs with plans to be reviewed by the City. The parking rates will be subject to annual review by the City Commission. After recovery of construction and operational costs, the City will receive one-third (1/3) of surplus revenues. The lease may be terminated by the City upon 180 days notice and repayment to the Department of any unamortized construction balance. It is estimated that approximately three years will be required for the Department to recover its investment and the City will then receive approximately $10,000 per year as its share. CONCLUSION: The proposed lease will allow the Department of Off -Street Parking at its own expense to beautify an area of the City sorely in need of improvement. The Department of Off -Street Parking has worked with nearby merchants who are supportive of the proposal. Based upon the many positive aspects of this effort, your scheduling of the lease approval for the July 13, 1985 City Commission is recommended. 85-831. 'Aw, LEASE BETWEEN THE CITY OF MIAMI, FLORIDA AND THE DEPARTMENT OF OFF-STREET PARKING OF THE CITY OF MIAMI, FLOR:DA THIS AGREEMENT, made and entered into this day of , 198 , by and between the City of Miami, Florida, hereinafter called the "City" and the Department of Off -Street Parking of the City of Miami, an agency and instrumentality of the City of Miami, Florida, hereinafter ca:ied the "Department". W I T N E S S E T H WHEREAS, the City is the owner of certain property in Miami, Florida, bounded on the East by Southwest Twenty -Sixth Avenue and on the West by Southwest Twenty -Seventh Avenue and on the North by South Dixie Highway and; WHEREAS, the development of businesses in proximity to this site has created a need for additional off street parking facilities to accommodate the use and convenience of the public transacting business within the area; and WHEREAS, it is mutually agreed between the City and the Department that it would be to the public's benefit to expand public parking facilities within this area; and WHEREAS, the Department desires to obtain an Agreement on lands owned by the City. first referred to above and hereinafter described for the pur- pose of providing parking facilities for the convenience of the public; and WHEREAS, the City has determined that such parking facilities should be developed and managed by the Department including the construction of the parking lot and the installation and operation of parking control devices as hereinafter provided; and WHEREAS, the Parties hereto have agreed to the terms and conditions contained herein and find it mutually agreeable to enter into this Agreement on the terms and conditions as set forth herein; and WHEREAS, by Resolution NO.�, duly adopted , the City Commission of Miami. Florida, has authorized the granting of the exclusive rights to the required City -owned lands for the purposes herein set forth. NOW, THEREFORE, for and in consideration of the mutual undertakings of the parties hereto, as hereinafter set forth, the City does lease to the Department the above described property to operate a public automobile park- ing lot facility and to manage parking, in accordance with this Agreement, on City -owned lands within all or part of the above described area: The term of the Lease shall be for a term of Forty (40) years from and after the date of this Agreement, except as hereinafter provided, the Department paying unto the said City a rental as set forth in Article III of this Agreement. wtw 85-831, ARTICLE USE A. The Department shall use a portion of the above described property as identified in Exhibit "A" for the purpose of constructing and providing off-street parking facilities and will install related equipment such as signs, stanchions, striping cr similar items as are deemed necessary by the Department, and assumes full responsibility for the maintenance of the entire area and collection of all revenues derived from the use of the demised premises. B. The charge for parking in areas designated herein shall be set by the Department as approved by the City Commission in an annual budget hear- ing for the Department and shall be comparable and in keeping with those in similar parking lots currently operated by the Department throughout the City. C. Ownership of all signs, stanchions or other equipment installed by the Department will remain the property of the Department at the expiration, or any cancellation of this Agreement and shall be removed by the Department within thirty (30) days from said expiration or cancellation. D. The Department shall manage parking within the above described pro- perty and enforce all parking regulations. Such management shall not be exercised exclusively by the Department but will be subject to enforcement by any duly authorized enforcement agency. ARTICLE II .IMPROVEMENT TO BE MADE A. The Department agrees at its expense to construct and operate off- street parking facilities within the demised premises which shall include paving, drainage, lighting, landscaping, in accordance with Exhibit "B" attached hereto and made a part hereof, and striping, signs, stanchions, parking meters and other appurtenances deemed necessary by the Department to the construction and operation of parking facilities. The Department shall prepare, or have prepared, all necessary documents required for approval by the governmental agencies having jurisdiction, which shall include, but not be restricted to building permits and applications for re -zoning or vari- ances. B. The Department will submit to the City for review and approval com- plete construction plans and cost estimates, including plans for striping, driving lanes, landscaping, and flow of traffic in an out of the demised premises. These plans shall meet the parking lot requirements of the City of Miami, and the entire parking area, including driveway entrances and exits, shall be paved according to current Dade County standard specifica- tions. The landscaping shall be in accordance with Landscaping Ordinance of City of Miami No. 7497. Drainage shall be provided in accordance with South Florida Building Code requirements. C. The Department shall expend the necessary sums for improvement of the parking .facilities as described herein and the Department shall submit verified copies of all invoices to the City Internal Auditor within sixty (60) days after the completion, of such improvements. Such invoices shall certify that all costs for improvements have been paid in full. Plans and specifications for the improvements of the demised area must be submitted for approval by the Department to the City Public Works Department within ninety (90) days from the date of execution of this Agreement. The improve- ments must be completed within one hundred twenty (120) days after the Department is granted a building permit for such improvements as required in this paragraph. D. The Department shall endeavor to obtain the best possible bids for the aforesaid improvements to be constructed and installed by the Department and such costs will be submitted to the City for approval prior to the com- mencement of any such work by the Department. -2- 85-831 E. The Deg. tment specifically agrees that no cost, claim, charge, lien or other expense shall be incurred by the City due to such construc- tion, work, or the operation of the parking facility within the demised pre- mises . Upon the completion of all improvements, the Department shall fur- nish to the City evidence of releases of all liens, claims and charges of any nature whatsoever and shall submit to the City a sworn statement which shall state the total complete cost of construction and improvements. F. The Department agrees that contiguous commercial property owners shall be consulted in the design and construction of the facility to ensure consideration of ingress/egress concerns and future building plans. ARTICLE III RENTAL PA74ENT TO THE CITY A. It is mutually agreed upon by both parties that the Department shall pay the City an annual rental of $1.00 the first payment thereof being due and payable on or before . 198, and on or before the anniversary date of each succeeding year thereafter until such time as the amortization of the actual construction costs are fully paid. All revenues collected from the lot will be applied first to the costs of operation and maintenance of the lot including appropriate administrative overhead, not to exceed 15 percent (15%) of gross revenues, and the remainder to amortization of the costs attributable to the construction of the lot. B. After such time as the capital investment is fully amortized, all further revenue above the ongoing costs of operation, administrative over- head, and maintenance of the parking lot will be distributed on the follow- ing basis: 1) The Department will retain two-thirds (2/3) of all excess revenues. 2) The City will be paid one-third (1/3) of all excess revenues. C. Payment of excess revenues shall be made quarterly on or before the 20th day of the month following the quarter in which such revenues are received. Each quarterly payment shall be accompanied by a sworn statement, which shall state the total amount of revenues for the period covered and the computation of the City's portion. The Department shall pay the City's portion of the excess revenues and submit all revenue reports required by this arrangement to the following stated address: Mr. Al Armada Lease Manager City of Miami 65 SW 13t St. Miami, FL 33133 D. The Department shall maintain a set of books, accounts and records covering the operations that are subject to this Agreement, said books, accounts and records to be of the same type as those customarily used in these types of operations in accordance with Generally Accepted Accounting Practices and standards for such period of time as is provided herein. The City shall be permitted to examine and audit, during ordinary business hours, by or through its officers, employees or representatives of the City, such records and books, of account provided that the Department shall not be required to maintain such records and books of account pertaining to opera- tions within the demised premises occurring during any annual period for more than three (3) years after the end of each annual period. ARTICLE IY CANCELLATION OR TERMINATION If the City shall find it necessary to cancel. or terminate this Agree- ment, for any reason, then the Department, upon receipt of 180 days written notice, will remove its personal property and vacate and give up to the City, the demised premises. In the event of such cancellation, the City shall reimburse the Department for the unamortized portion of construction costs within the demised premises and expense of removal of equipment. The M3- City may exercise t' provision for a:,y lawful purr i other than the pro= visions of parking. ARTICLE V REMOVAL OF PERSONAL PROPERTY A. All personal property placed on the premises by the Department shall be removed within thirty (30) days after the effective date of the expira- tion or cancellation of this Agreement, or any extension or renewal thereof. B. If the Department shall fail to cause to have removed such personal property within thirty (30) days of the expiration or cancellation hereof, the City may, at its option, as agent for the Department, and at the Depart- ment's risk and expense, remove such property to a public -warehouse, or retain the same in its own possession, and after the expiration of thirty (30) days sell the same at public auction, the proceeds of which shall be applied first to the expense of the sale, second to any sums owed by the Department to the City, and any balance remaining shall be paid to the Department. ARTICLE V; MAINTENANCE A. Maintenance of landscaping including irrigation, fertilization, removal of trash and debris, and replacement of trees, if necessary, shall be the responsibility of the Department. B. Maintenance and repair of paving in the parking areas will be the responsibility of the Department. ARTICLE VII INDEMNIFICATION AND INSURANCE A. The Department shall indemnify and save the City harmless from any and all claims, liability, losses, and causes of actions which may arise out of the activities of the Department, its employees or agents, directly involving the curbing, parking area surface, landscaping, parking control devices or other personal property installed or owned by the Department, in carrying out the purposes of this Agreement. The Department shall pay all claims and losses in connection therewith, and shall defend all suits, in the name of the City when applicable, and shall pay all costs and judgments which may issue thereon. However, nothing in this section shall indemnify the City for any liability or claim arising out of the performance or fail- ure of performance required of the City under this Lease Agreement. B. The Department shall maintain during the term of this Agreement the following insurance: 1) Workmen's Compensation as required by Florida Statute 440. 2) Comprehensive General Liability including contractual lia- bility with limits no less than $300,000 per occurrence for bodily injury and $50000 per occurrence for property damage. 3) Comprehensive Automobile Liability including owned, non - owned, and hired vehicles with limits no less than $100,000 per person and S300000 per occurrence for pro- perty damage. The insurance coverage required shall include those classifications, as listed in standard liability insurance manuals, which most nearly reflect the operations of the Department. -4 - 85-831L All insuranc olicies shall be issued in c anies authorized to .do business in the Stag of Florida. The Department shall furnish certificates of insurance to the City prior to the commencement of operations, which shall clearly indicate the Department has obtained insurance in the type, amount and classifications as required for strict compliance with this Arti- cle and that no material change or cancellation of the insurance shall be effective without thirty (30) days prior written notice to the City. ARTICLE VII: ASSIGNMENT The Department shall not assign, transfer, mortgage, pledge, sublease or dispose of this Agreement or the term hereof, without the written consent of City first obtained in each case. ARTICLE IX MODIFICATION OF LEASE It is mutually understood and agreed that this Agreement contains a-1 understanding, undertakings and agreements between the parties relating t.; the property and premises. The provisions of this Agreement may be modified, amended or waived only by written agreement executed by both par- ties hereto. ARTICLE X PEACEFUL POSSESSION Subject to the terms, conditions and covenants of this Agreement, the City agrees that the Department shall peaceably have and hold the premises above described. ARTICLE XI SURRENDER OF PREMISES The Department agrees to surrender to the City, at the end of the term of this Agreement or upon any cancellation of this Agreement, said premises in as good condition as said premises were at the beginning of the term of this Agreement, ordinary wear and tear, and damage by fire and windstorm or other acts of God, excepted. The Department agrees that if the Department does not surrender to City at the term of this Agreement or upon any cancel- lation of the term of this Agreement, said premises, then the Department will pay to the City all reasonable damages that the City may suffer on account of the Department's failure to surrender to the City possession of said premises. ARTICLE XII LIABILITY FOR DAMAGE OR INJURY The City shall not be liable for any damage which may be sustained by the Department or other persons or for any damage or injury resulting from the carelessness, negligence or improper conduct on the part of the Depart - went, its agents or employees but only for any damage or injury resulting from the carelessness, negligence, or improper conduct on the part of the City, its agents or employees, or failure of the City to perform its cove- nants under this Agreement. The Department snail not be liable for any damage which may be sus- tained by the City or other persons or for any damage or injury resulting from the carelessness, negligence or improper conduct on the part of the City, its agents or employees but only for any damage or injury resulting -5- 85-831 _; ----- from the carelessnots, negligence, cr improper cor' ict on the part of the Department, its age; or employees, or failure of t Department to perform its covenants under this Agreement. ARTICLE XIII NOTICES All notices given under this Agreement shall be in writing and deli- vered by either certified or registered mail. Notice shall be effectively served by City upon the Department when addressed to the Department at 190 N.E. Third Street, Miami, Florida, 33132, or such other address as may here- after be given in writing to the City by the Department. Notice shall be effectively served by the Department upon the City when addressed to the City Manager and mailed to City Nall, 3500 Pan American Drive, Miami, Florida, 33233. Notices shall be sent to such other persons or addresses as the parties may designate to each other in writing from time to time. ARTICLE XIV NOTICE OF VIOLATION In the event the Department fails to comply with the terms, conditions and provisions herein contained, the City shall have the right to cancel the Agreement, provided that the City shall notify the Department in writing of the violation and the Department shall have thirty (30) days following receipt of such written notice to correct the violation. Only if the Department fails to correct the violation after notice shall the City be entitled to exercise its right of cancellation under this section. If any dispute arises between the Department and the City in respect to whether or not a violation exists, such dispute shall be negotiated by the Director of the Department and the City Manager, and if they fail to agree, the dispute shall be submitted to the Presiding Judge of the Circuit Court of Dade County, whose decision shall be conclusive and binding upon the parties hereto. ARTICLE XV NON-DISCRIMINATION The Department and the City agree, that there shall be no discrimi- nation in the use of the facility based on race. color, creed or national origin in connection with any Department property or facilities. ARTICLE XVI CONSTRUCTION COSTS The term "Costs" when referred to herein shall include the following: A. Obligations incurred for labor and material and to contractors, builders and materialmen in connection with construction of the project for machinery and equipment and for the restoration of property damaged or destroyed by necessity in connection with said construction and related utility connections. H. Fees and expenses of engineers for making studies, surveys and esti- mated of costs and for preparing plans and specifications and supervising construction, together with related fees and testing laboratories during the construction period. C. Any obligation or expense heretofore or hereafter incurred by the Department in furtherance of the construction of the project. -6- 85-8.31 4�yi IN WITNE�., WHEREOF, THE CITY OF MIAMI, a political subdivision of the State of Florida, and the DEPARTMENT OF OFF-STREET PARKING OF THE CITY OF MIAMI, State of Florida, have caused this Agreement to be executed by their respective proper officers, duly author above mitten. ized thereto, the day and year first (CFF;CIAL SEAL) THE CITY OF MIAMI, FLORIDA BY ITS CITY COMMISSION ATTEST: RALPH ONGIE, CLERK By: By: Sergio Pereira City Manager (OFFICIAL SEAL) ATTEST: DEPARTMENT OF OFF-STREET PARKING By; OF THE CITY OF MIAMI, FLORIDA By: Roger M, Carlton Director -T-