HomeMy WebLinkAboutR-84-0056J-83-984
RESOLUT ION NO. S-1--5G.
A RESOLUTION AUTHOR IIING THE CITY MANAGER 10
EXLCUTL A LEASE AGREEMENT, IN SUBSTANTIALLY
THE FORM ATTACHED HERETO, WITH 111GGS AND
WIEGAND, FOR THE LEASE OF A PARKING 1.01
LOCATED AT APPROXIMATELY 1629 NORTHWEST NORTH
RIVER DRIVE.
WHEREAS, the ClIY owns the Lot located at 1629 Northwest
North River Drive which, due to an underground sanitary sewer
trunk main, cannot he developed for a use other than for that of
surface parking; and
WHEREAS, the
CITY has
offered the
propery for
public
bid
based on a minimum
rental fee
determined
by an M.A.I.
appraiser
for a period of five ( 5 ) years with an option to renew for an
additional five (5) years; and
WHEREAS, one bid was received in
the
amount of $75.00
per
month which exceeds the minimal rental
fee
recommended by
the
M.A.I. Appraiser;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI:
Section I. The City Manager is hereby authorized to
execute a Lease Agreement, in substantially the form attached
hereto, with Higgs & Wiegand, Lyman W. Higgs, managing partner,
for the rental of the property described as:
The west 25' of Lot 20, ST. JOHN'S PARK, as
recorded in Plat Book 5 at Page 19 of the
Public Records of Dade County, Florida
for a five (5) year period at an annual rental fee of Nine
Hundred Dollars ($900.00), payable at Seventy -Five Dollars per
month.
Section 2. An option is included for renewal of this
lease for another five (5) year period with the same time and
conditions.
PASSED AND ADOPTED this 19th day of January , 1984.
Maurice A. Ferre
MAU ICE A. FERRE, Mayor
CITY COMMISSION
MEETING OF
JAN 19 1984 u
ON No. 4-56•
V&
ATTEST:
tLPH . ONGIE
'
C y Clerk
PREPARED AND APPROVED BY:
G. MIRIAM MAER
Assistant City
Attorney
APPROVED AS TO
FORM AND CORRECTNESS:
SE R. GARCIA-PEDROSA
City Attorney
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to
LEASE AGREEMENT
THIS LEASE AGREEMENT, made and entered into this day
of , 19 , by and between THE CITY OF MIAMI, a muncipal
corporation of the State of Florida (hereinafter called the "Lessor"),
and Higgs and Hiegand (hereinafter called the "lessees").
W I T N E S S ETH:
WHEREAS, for and in consideration of the covenants herein
contained on the part of the Lessees to be kept and performed the Lessor
does hereby lease to the said Lessees the following described real
property lying and being in Miami, Dade County, Florida:
The West 25' of Lot 20, St. John's Park,
recorded in Plat Book 5, at Page 19, of
the Public Records of Dade County, Florida.
(City of Miami File: Misc. Sr. 14-61, prepared June
1967, known as a Location Sketch, is attached and
made a part of this Lease Agreement.)
TO HAVE AND TO HOLD for a term of Five (5) years from the first
day of December, 1983, with an option to renew for an additional five
(5) years with the same terms and conditions, unless extended, revoked
or cancelled, as hereinafter provided; the consideration for the leasing
of the above described real estate to be the sum of Seventy -Five Dollars
($75.00) payable monthly in advance for a term of Five (5) years.
The lessees covenant and agree with the Lessor as follows:
1. That they will make no unlawful, improper or offensive use of
the premises, or which shall or may be a nuisance, annoyance,
inconvenience or damaging to the Lessor and its inhabitants;
2. That they will not assign, sublease, underlet or lease the
premises or any part thereof; however, in the event that the estate to
which the above -described real property is attached, to wit; The estate
commonly known as the Linney Apartments, is transferred to a new owner,
this Agreement shall be automatically renewed as to such new owner upon
the written consent of the City.
3. That they will observe all City sanitary, health and public
safety rules and laws;
84-56.
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4. That they hereby agree to hold harmless the City of Miami from
any claims of liability or property damage arising out of the use of
said property and they do hereby agree to maintain liability insurance
in the amount of $300,000 per occurrence combined single limit, which
insurance shall be provided by the City of Miami and shall name the City
of Miami as an additional insured;
5. That they do agree the property herein leased will be used for
the sole purpose of parking and for no other purpose whatsoever;
6. That they give the Lessor the right to maintain the existing
42" Sanitary Sewer Trunk Main and the underground electric power cable,
and any other public utilities on, under or over said land.
7. They do further agree that if they do improve the property
herein leased by any type of paving it shall be done by securing the
proper permits from the City of Miami and said improvements to be at the
sole expense of the Lessees;
8. That if such improvement is made upon the leased premises,
and, in order to construct, operate, service or maintain the 42"
Sanitary Sewer Trunk Main or any other public utility on, under or over
said land, the Lessor is required to remove all or any part of said
pavement, the removal, replacement or restoring of said pavement shall
be done by the Lessees at their sole cost and expense.
9. The Lessees may hold and enjoy said premises without any
interruption, other than that set forth hereinabove, by the lessor, or
any person claiming through or under said Lessor provided that upon the
breach of any of the covenants by the Lessees herein contained, the
Lessor may re—enter said premises and immediately thereupon this lease
shall be terminated.
10. That the Lessees will pay the real property taxes and any
taxes, licenses, permits, impositions, real, personal, or otherwise,
whatever they may be, assumed, imposed or created against or which
involve the property as described above.
11. That either party may terminate this Agreement upon thirty
days written notice to the other party, subject, however, to the City' s
right to cancel this Agreement at any time that the Lessee violates its
terms, or in the event of sovereign necessity.
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84-56
IN WITNESS WHEREOF, the parties hereto have caused this
instrument to be executed in their names by their duly authorized
officers and the corporation seals to be affixed hereto, all as of
the day and year first above written.
Signed, sealed and delivered THE CITY OF MIAMI
IN THE PRESENCE OF:
As to Lessor: BY
_ Attest:
City Clerk
LVAN W. HIGGS, JR.
As to Lessees:
STATE OF FLORIDA)
COUNTY OF DADE ) SS.
I, an officer authorized to take acknowledgements, hereby
certified that on this day of 1983,
personally appeared before me Gary & Ongie, known to me to be
the City Manager and the City Clerk, respectively of THE CITY OF
MAIMI, a municipal corporation in and under the laws of the State of
Florida, and known to me to be the persons who executed the foregoing
instrument, and they severally acknowledge the execution thereof to
be their free and voluntary act and deed as such officers, for the
uses and purpose therein expressed, and that they affixed thereto
the official seal of the said municipal corporation, all by and with
the authority of law and of the City Commission, and that the said
instrument is the free and formal act of the said municipal
corporation.
WITNESS my hand and official seal in said -county and state
the day and year last aforesaid.
My commission expires:
Notary Public, State of
Florida at Large.
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84-56
STATE OF FLORIDA)
COUNTY OF DADE ) SS.
Before me, an officer of said State and County, duly authorized
to administer oats and take acknowledgements, personally appeared
LYMAN W. HIGGS, JR., to me well known to be the person described
in, and who executed the foregoing instrument, he duly acknowledged
before me that he freely and voluntarily executed and said instrument
for the purposes therein expressed.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
my official seal at Miami, Dade County, Florida, on this the -
day of 1983.
My commission expires;
Notary Public, State of Florida
at Large.
APPROVED FOR FORM AND CORRECTNESS
City Attorney
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CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
To Howard V. Gary
DATE:
December 16,
1983
City Manager
FILE:
SUBJECT
1629 N.W. N.
Lease of Lot
River Drive
for Parking
Area
Donal R. Stewart
FROM
Property Manager
REFERENCES:
ENCLOSURES:
It is recommended that the City Commission authorize
the City Manager to enter into a Lease Agreement with
Hips & Wiegand, a partnership, to lease City property
for use as a parking lot for a five (5) year period at
an annual rental fee of Nine Hundred ($900) Dollars
payable in advance at Seventy -Five ($75.00) Dollars per
month.
Since 1970, a lot (25' X 160') belonging to the City of :Miami located at 1629
Y.W. North River Drive has been under lease to the owner of the adjacent
apartment house for the use as additional parking. The last five (5) years
this has been a month to month lease at a payment of $45.00 per month.
This property cannot be developed as there is a 36" underground sanitary sewer
trunk main beneath this parcel and no improvements can be placed on the
property as repairs may be needed at any time to the sewer main.
Recently, the lessees, who are the owners of the apartment house approached
the City requesting a long term lease on this lot in order for them to obtain
re -financing. The lending institution required a guarantee of additional
parking for a fixed term. Mr. Lyman Higgs, one of the owners, was informed
that the only way that the City could lease this property on a fixed term was
to prepare a Request for Proposal and solicit bids from all interested parties
who may have a need for additional parking in this area.
Pursuant to the requirements of the Code of the City, an MAI Appraiser
rendered an Opinion of Value stating that the property, due to the severe
limitations for the use, set the value at $7,500.00. In our Request for
Proposal it was a requirement that the City would not accept less than a
minimum payment of $70.00 a month.
Requests for Proposal were prepared and an advertisement was placed in the
newspapers for general circulation in accordance to formal bid procedures, and
Bid Number 82-83-65 was assigned.
54-56
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Howard V. Gary
City Manager Page 2 of 2 December 16, 1983
The Request for Proposal called for bids to be opened on September 13, 1983,
and on that date one bid was received, that of Higgs and Wiegand, a
partnership. Their proposal was to lease this parking lot for a five (5) year
period with an option to renew for another five (5) years at annual cost of
nine hundred ($900) dollars payable at seventy—five ($75) monthly, which is
approximately eleven percent (11%) return on value.
Therefore, it is recommended that the City Commission authorize the City
Manager to enter into this lease agreement with Higgs and Wiegand a
partnership substantially under the terms and conditions set forth in the
attached Lease agreement.
DRS:mc
Attach.
84-56
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