HomeMy WebLinkAboutR-84-1275-84-1114
RESOLUTION N0. S4- 12'75
A RESOLUTION AUTHORIZING THE CITY MIANA!IER
TO ENTER INTO A LEASE AGREEMENT WITH THE
STATE OF FLORIDA DEPARTMENT OF HEALTH AND
REHABILITATIVE SERVICES, FOOD STAMP
PROGRAM, FOR THE LEASE OF SPACE I`t THE
MA14UEL ARTIME COMMUNITY CENTER, 970 SW
FIRST STREET, MIAMI, FLORIDA, IN
ACCORDANCE WITH THE TERMS AND CONDITIONS
IN THE ATTACHED LEASE AGREEMENT.
WHEREAS, the Manuel Artime Community Center, 970 SW First
Street is a City of Miami facility providing multi -purpose
services for the residents of Little Havana; and
1 WHEREAS, on December 27, 1979 by Resolution No. 79-961 the
City Commission authorized the City Manager to enter into a Lease
,a
Agreement with the State of Florida, Department of Health and
Rehabilitative Services, Food Stamp Program; and
WHEREAS, the Food Stamp Program has served the Little Havana
Community since 1980 in full compliance with their lease dated
February 1, 1980; and
WHEREAS, the aforementioned lease agreement expired on
September 30, 1984; and
WHEREAS, there is a continued need to provide this essential
service to the low and moderate income residents of Little
Havana; and
WHEREAS, competitive bidding methods for the disposition of
real property rights is not applicable when transferring such
rights to the United States, or to any department or agency
thereof, or to the State of Florida or any political subdivision
or agency thereof;
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 with the State of Florida Department of
CITY
��MOF
4175
CO MIISSIO
G-
' NOV 8 1984
PPA�' SIP -
Health and Rehabilitative Services, Food Stamp Program, for the
lease in the Manuel Artime Community Center, located at 970 SW
First Street, Miami, Florida, of 4,960 square feet plus the use
of the auditorium during the first, second and third working day
of each and every month throughout the term of the lease from
8:00 am to 5:00 pm, in accordance with the terms and conditions
contained in the attached lease instrument.
PASSED AND ADOPTED this 8th day of November , 1984.
ATTEST:
RALPffi G. ONGIE, CITY CL
PREPARED AND APPROVED BY:
ASSISTANT CITY ATTORNEX
APPROVED AS -T`0 'FO,RM,AND CORRECTNESS:
CITY ATTORNEY
Maurice A. Ferre
MAURICE A. FERRE
MAYOR
2
84-1275
a
i
CITY OF MIAMI. FLORIDA
40 INTER -OFFICE MEMORANDUM
a
-� Howard V. Gary DATE October 10, 1984 PIIE:
City Manager
f
SUBJECT Lease Agreement with the
I State of Florida Department
of Health & Rehabilitative
fi Services
` FROM Carlos E. Garcia REFERENCES!
Director
fFinance Department`" ENCLOSURES.
It is recommended that the City Manager
be authorized to enter into a five-year
Lease Agreement in substantially the
form attached hereto, with the State of
Florida Department of Health and
Rehabilitative Services, Food Stamp
Program,for 4,960 square feet plus the
use of the auditorium as specified in
j the agreement, in the Manuel Artime
Community Center, 970 SW First Street,
Miami, Florida.
The State of Florida Department of Health and Rehabilitative
Services, Food Stamp Program has leased space in the Manuel
Artime Community Center since 1980 providing an indispensable
service to the low and moderate income residents of Little Havana
while providing the City with a total return for the five year
period of $189,350.03. This lease agreement expired September
30, 1984.
The State of Florida Department of Health and Rehabilitative
Services and the City of Miami negotiated a second five-year
agreement to begin October 1, 1984 without any new requirements
made on the City. The State of Florida was required by the City
to increase its rent payments on the dollar per square foot value
by 5% each year, beginning with the first year of the new
agreement and based on the last rent payments of the expiring
agreement.
The following schedule illustrates the rent revenues for the next
five years of the negotiated lease agreement:
Page 1 of 2
84-1275
Howard V.
Gary
October 10, 1984
Rent per
Annual
Lease
Year
Sq. Foot
Rent
10/84
- 9/85
9.45
46,872.00
10/85
- 9/86
9.92
49,203.20
10/86
- 9/87
10.42
51,683.20
10/87
- 9/88
10.94
54,262.40
10/88
- 9/89
11.49
56,990.40
TOTAL 259,011.20
Since this agreement is with the State of Florida, the
competitive bidding requirements were not mandated and
competition was therefore not held. Chapter 53(d) of the City
Charter indicates that competitive bidding methods for the
disposition of real property rights is not applicable when
transferring such rights to the United States, or to any
department or agency thereof, or to the State of Florida or any
political subdivision or agency thereof.
It is recommended that the City Manager be authorized to enter
into a five-year lease agreement with the State of Florida
Department of Health and Rehabilitative Services, Food Stamp
Program in substantially the form attached hereto. The lease
calls for 4,960 square feet plus the use of the auditorium in the
Manuel Artime Community Center during the first, second and third
working days, from 8:00 am to 5:00 pm of each and every month
throughout the term of the lease.
AJA:NMW:amw
Page 2 of 2
84-1275
STATE OF FLORIDA
=,fir_ T
,: DEPART"E�TT OF CxENERAASERti ICES
LARSON Rl_'1LDI`G TALLAHASSEE. FLORIDA 32301
ZONE: 2 NO.: 590: 1316
LEASE AGREEMENT
THIS LEASE AGREEMENT, entered into this day of A. D., between
City Of Miami (municipal Corp.) party of the first part, hereinafter called the Lessor whose
Federal Identification Number (F. E. I. D. or S. S.) is 59-600375 and the
State of Florida Department of Health and Rehabilitative Services
Division of District XI
Bureau of
party of the second part, hereinafter called tite Lessee,
WITNESSETH:
That the Lessor. for and in consideration of the covenants and agreements hereinafter mentioned to be
kept and performed by the Lessee, has demised and leased to the Lessee, for the term and under the conditions
hereinafter set out, those certain premises in MIAMI DADE
Florida, described as follows: (City) C nt ►
4,960 square feet of office space located on the second and third floor o Flair certain
building located at 970 S.W. 1st Street, Miami, Florida
which shall constitute an aggregate area of 4, 960 square feet of net rentable space measured in
accordance with the Department of General Services' Standard Method of Space Measurement at the rate of
See Attached
$ Rental ScheduAer square foot per year; the Lessor shall also provide N/A parking spaces for the
exclusive use of the Lessee as part of this lease agreement.
I TERM
TO HAVE AND TO HOLD the above described premises for a term commencing on the 1st
day of October , 19 84 to and including the 30th day of * Sententer , 19 89
II RENTALS
The Lessor hereby leases to the Lessee and the Lessee hereby leases from the Lessor the above described
premises for the term set out in this lease and the Lessee agrees to pay to the Lessor the sum of
See Attached Rental Schedule ( $ — ) per month for the rental
period described in Article I of this lease. The rent for any fractional part of the first month shall be prorated. The rent
shall be payable the month following the month of occupancy in accordance with Section 215.422, Florida Statutes.
The rentals shall be paid to the Lessor at
65 S.W. 1st Street MI.A II DADE
(Address) (City) 1.ZipCode)
III HEATING, AIR CONDITIONING AND JANITOR SERVICES
1. a. The Lessor agrees to furnish to the Lessee heating and air conditioning equipment and maintain same
in satisfactory operating condition at all times for the leased premises during the term of the lease at the expense of
the Lessor.
b. The Lessor agrees to maintain thermostats in the demised premises at 68 degrees Fahrenheit during the
hearing season and 78 degrees Fahrenheit during the cooling season; and certifies that boilers therein have been
calibrated to permit the most efficient operation.
02.')SQ}�XK�6}ldFXa�C�EbCxi]�i��XcK�tNcXIbX�X}i�fc3b�hX�ii�b383BXX�li3blibrcXEbitX435bCSiabY�3f6
( See Addedum)
IV LIGHT FIXTURES
La. The Lessor agrees to install in the demised premises light fixtures for the use of the Lessee.
°b. The Lessor shall be responsible for replacement of all bulbs, lamps, tubes and starters used in such
fixtures for the purpose of furnishing light.
2. The Lessor certifies that the lighting levels within the demised premises are maintained at and do not
exceed the following levels: 10 footcandles in hall and corridors; 30 footcandles in other public areas; 50 footcandles
E in office, conference rooms, etc.; set forth in the State Energy Management Plan, Volume II, Section F.
V MAINTENANCE AND REPAIRS
1. The Lessor shall provide for interior maintenance and repairs in accordance with generally accepted
good practices, including repainting, the replacement of worn or damaged floor covering and repairs or
replacement of interior equipment as may be necessary due to normal usage. The Lessee shall, during the term of
-
this lease, keep the interior of the demised premises in as good a state of repair as it is at the time of the
commencement of this lease, reasonable wear and tear and unavoidable casualties excepted.
2. The Lessor shall maintain and keep in repair the exterior of the demised during the term
premises of
this lease and shall be responsible for the replacement of all windows broken or damaged in the demised
premises, except such breakage or damage caused to the exterior of the demised premises by the Lessee, its
officers, agents or employees.
3. The Lessor shall maintain the interior and exterior of the demised premises so as to conform to all
applicable health and safety laws, ordinances and codes which are presently in effect and which may
subsequently be enacted during the term of this lease and any renewal periods.
4. The Lessor agrees to furnish pest control services for the leased premises during the term of the lease at the
expense of the Lessor.
_
•VI UTILITIES
That the Lessor will promptly pay all gas, water, power and electric light rates or charges which may become
payable during the term of this lease for the gas, water and electricity used by the Lessee the if
on premises; and the
lease is for 3,000 square feet or greater, Lessor will provide Lessee, in a form and manner agreed upon, timely and
accurate data on Lessee's monthly consumption or use of electricity, natural gas, LP gas and / or fuel oil, as
appropriate, pursuant to Section 255.257, Florida Statutes.
• These are the only Articles in which the word "Lessor" can be changed to "Lessee" by the Lessee without
authorization from the Division of Building Construction and Property Management. (Rule 13D-7.03, Florida Admi-
nistrative Code)
Page 1 of 3 84"12`�S
11C M -1054 f. •.Ztl l -841
Lease Nflk 590: 1316
XX II.EXEV4'.al. i g ZERO
4 I?le l,ejSE'P i.; iic'CNi )' U!`-!)lil'd 111Vt 1t11.tut1 toCefit'tt' this, lease for ill] adllitiOnal_ ____year(Sl
upon the Same terms and --ondltlona. If the Lessee des,.res to this lease under the provisions of this :article.
it shall give the Lessor written notice thereof not more than six months nor less than three months prior to the
I expiration of the term provided in :article I of this Lease.
Y XXI RIGHT TO TERMINATE
The Lessee shall have the right to terminate, without penalty, this lease in the event a State-owned
building becomes available to the Lessee for occupancy during the term of said lease for the purposes for which
this space is being leased in the County of_ __ DADE , Florida, upon giving su (61 months advance
written notice to the Lessor by Certified Mail, Return Receipt Requested.
XXII NOTICES AND INVOICES
{ :all notices required to be served upon the Lessor shall be served by registered or certified mail, return
s receipt requested, at P.O. Box 330708 Coconut Grove Station, Miami Florida 33133 , and all
( Street t ) City) ( Zip Code)
t notices required to be served upon the Lessee shall be served by registered or certified mail, return receipt
a
requested, at the address of the Lessee at State 950— 401 N.W. 2nd Avenue, Miami, Florida 33128_
(Street) (City) (Zip Code)
Invoicesjdtripliy ei 8hall be submitted monthly to: Suite 950— 401 N.W. 2nd Avenue, Miami,
Floria 33
t
XXIII DEFINITION OF TERMS
(a) The terms "Iease," "lease agreement," or "agreement" shall be inclusive of each other and shall also
i
include any renewals, extensions or modifications of this lease.
F (b) The terms "Lessor" and "Lessee" shall include the successors and assigns for the parties hereto.
a (c) The singular shall include the plural and the plural shall include the singular whenever the context so
requires or permits.
XXIV ADDITIONAL TERMS
(Check One)
X Any and all additional covenants or conditions appear on the attached.
No additional covenants or conditions form a part of this lease.
IN WITNESS WHEREOF, the parties hereto have hereunto executed this instrument for the purpose
R herein expressed, the day and year above written.
ANY LEASE FOR 2,000 SQUARE FEET OR MORE SHALL NOT BECOME LEGALLY EFFECTIVE UNTIL
APPROVED BY THE DEPARTMENT OF GENERAL SERVICES,
ORIGINAL SIGNATURE REQUESTED ON ALL COPIES
If Lessor is an Individual:
Signed, sealed and delivered in
the presence of: LESSOR:
i
(SEAL)
I (SEAL)
l AS TO LESSOR _
If Lessor is a Corporation, Partnership, Trust, etc: Name of Corporation, Partnership, Trust, etc:
j Signed, sealed and delivered in the presence of:
By: (SEAL)
Its President, General Partner, Trustee
i
AS To President, General Partner, Trustee ATTEST:
Its Secretary
LESSEE:
Signed, sealed and delivered in STATE OF FLORIDA
the presence of: DEPARTMENT OF
Agency Head
AS TO LESSEE +
APPROVED AS TO FORM AND LEGALITY,
APPROVAL AS TO CONDITIONS AND SUBJECT ONLY TO FULL AND PROPER
NEED THEREFOR I EXECUTION BY THE PARTIES.
DEPARTMENT OF GENERAL SERVICES GENERAL COUNSEL
DEPARTMENT OF
Director, Division of Buildint, Construction I By:
and Property Management
APPROVAL
DEPARTMENT OF GENERAL SERVICES approval Date.
APPRU VEI!
Executive Director
Page 3 of 3
BCM .1054 f R01-8.1)
FORM . jND CORRLs C7,VRSS
CITY ♦"94 '�1
bl t A St t, FLORIDAID�
•
I.:
0
ADDEDUM # 1
Rent Schedule for Lease Number:590:1316
For the period commencing October 1, 1984 to and including Spetember 30,
1985: $9.45 per square foot per year for a monthly rental of three
thousand nine hundred and six dollars. ($3906.00) per month.
For the period commencing October 1, 1985 to and including September 30,
1986: $9.92 per square foot per year for a monthly rental of four
thousand one hundred and 27/100 dollars. ($4100.27) per month.
For the period commencing October 1, 1986 to and including September 30,
1987: $10.42 per square foot per year for a montly rental of four
thousand three hundred and six and 93/100 dollars. ($4306.93) per month.
For the period commencing October 1, 1987 to and including September 30,
1988: $10.94 per square foot per year for a monthly rental of four
thousand five hundred and twenty one and 87/100 dollars. ($4521.87)
per month.
For the period commencing October 1, 1988 to and including September 30,
1989: $11.49 per square foot per year for a monthly rental of four
seven hundred and forty nine 20/100 dollars. ($4749.20) per month.
Signature SEAL
Signature
i LOA
jy .
ADD MUM # 2
ARTICLE III
Lease No:
HEATING AIR CONDITIONING AND JANITOR SERVICES:
Article III,
590:1316
Paragraph 2, of this Lease Agreement is hereby deleted and made.
null and void and of no effect.
The lessee agrees to furnish janitorial services and all necessary
janitorial supplies for the leased premises during the term of the
lease at the expense of the lessee.
Signature
SEAL
.S TO FOP 1
AP RU Vh:D / i J4
(�JTY Al fuKNt:Y
,ylr,M1. FWRIi A 1
Signature
84-12'75
Fj
ADDEDUM # 3
Lease No: 590:1316
Additional Premises to be used
AUDITORIUM USE:
During the first, and second, and third working days of each and every
month during the term of their lease; the auditorium shall be used by
the Lessee between the hours of 8:00 A.M. to 5:00 P.M. with no
additional rental charge beyong that fee specified on page 1 of standard
lease agreement.
Signature
J
CITY
pIIAMI, F1.0RII
Signature
84-12'75