HomeMy WebLinkAboutR-83-1048J - 8 3 - 8 5 9
RESOLUTION NO. S 3-1,04S
A RFSnI_IIT1nN AIITHnRIZING THE CITY
HANAGFR TO FXFRCI5E THE RFNFWAI_
PROVISInN CONTAINED IN T1-IF FXISTING
LFASF AGREFMFNT WITH MFTROPOLITAN
DADF COUNTY FOR THE LEAST OF OFF ICF
SPACE AT THE CULMF..R/ nv[ R TnWN
NFTGHfinRHnOI) SFRVT(7I" CFNTFR, 1IICAIF1)
AT 1600 N.W. 3R1) AVFNIIF, M,IAMI,
FLORIDA, FnR USF BY THE DFPA.R TMFNT (IF
COMMUNITY DEVFLOPMENT, OVFR TOWN JOBS
PRnGRAM- SAID RFNFWAI. HFING FOR A ONF
YEAR PER IOD EXPIRING MAY 31, 1984,
FnR AN ANNUAL COST OF $7,327.63; AND
FURTHER PROVIDING FOR EXPENDITURE OF
9TH YEAR CnMMUNI TY DEVELOPMENT BI_dCK
GRANT FUNDS FOR THE ABOVE PURPOSE.
WHEREAS, the lease of space at the Culmer/Overtown
Neighborhood Service Center is beneficial to provide services to
the unemploved population of the nvertown area; and
WHEREAS, Resolution No. 82-417, passed and adopted by the
City Commission Mav 11, 1982, authorized the existing lease: and
WHEREAS, the existing lease expired May 31, 1983:
NOW, THEREFORE, BE IT RESOLVFD BY THE COMMISSION OF THE CITY OF
MIAMI, FL OR IDA:
Section 1. The City Manager is hereby authorized to renew
the lease agreement with Metropolitan Dade County for the lease
of office space in the Culmer/Overtown 'Neighborhood Service
Center, located 1600 N.W. 3r.d Avenue, Miami, Florida, for use by
the Department of Community Development, Overtown Jobs Program,
for an annual cost of $7,327.63 from 9 t h Year Community
Development
Block Grant
through May
31,
1984.
PASSED
AND ADOPTED
this 16th
day
of November , 1983.
ATTEST:
ZAPHeG(/;"ONGTE , CITY CLERK
Maurice A. Ferre
MAURICE A. FERRE, MAYOR
CITY COMMISSION
MEETING OF
Nov 16 1983
RESOLUilb., ,.J—104
REMARKS
f
PREPARED AND APPROVED 6Y•
le
ROBERT F. CLARK
DEPUTY CITY ATTORNEY
r
APPROVED AS TO FORM AND CORRECTNESS:
Z
A "- - xt*4���_
/ACIOSTYYR. GARCIA-PEDROSA
ATTORNEY
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83-1048
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CITY OF MIAMI. FLORIDA
INTER -OFFICE. MEMORANDUM
TO Howard V. Gary DATE September 14, 1983 vILE
City Manager
SU9-EZ Renewal of Lease Agreement
for Overtown Jobs Program
FROM Dena Spillman, Director REFERE4CES October 13, 1983 City
Department of Community Development Commission Agenda
ENCLOSURES
c"')
It is recommended that the City Commission
authorize the City Manager to exercise the
renewal option provision set forth in Sec-
tion XV of an existing lease a,reement with
Metropolitan Dade County fcr the lease of
office space in the Culmer/Overtown Neigh-
borhood Service Center, located 1600 N.W.
3rd Avenue, to house the Department of
Community Development, Overtown Jobs Program
for an annual cost of $7,327.63, avai able
from 9th Year Community Development funds.
The Overtown Jobs Program, a Community Development funded project
administered by the Department of Community Development, assists
Overtown residents find employment by identifying job opportunities
and matching job seekers with available job openings and/or vocation-
al training programs.
The Culmer/Overtown Neighborhood Service Center, a County operated
facility, houses a variety of social service programs including
food stamps, day care, aid to families with dependent children,
welfare, aging and adult services, drug rehabilitation, information
and referral, and social service case management. Since the agencies
located at the Center serve the unemployed population of Overtown,
it is beneficial to continue to house the Jobs Program in the Neigh-
borhood Center.
The space currently occupied by the Overtown Jobs Program is 1,103
square feet; we have been paying $3.75/sq. ft. Dade County has
advised us in writing of the renewal option and increased rental
costs, as follows:
June through September 30, 1983 (4 months) at $3.75/sq. ft.-
$1,373.75
October 1, 1983 through May 31, 1984 (8 months) at $8.09/sq. ft.-
$5,948.88
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Howard V. Gary
City Manager
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r'
The total annual cost of $7,327.63 includes utilities, maintenance and
janitorial services. Funds are available in the 9th Year Community
Development Program.
Commission approval of the attached resolution is requested. Attached
is a copy of the executed lease agreement.
/jmb
83-JL048
47
LEASE A53REE.•1E T
J � O'le7
THIS ,JREE.°E::T ...ade and entered into `his 24 day cf
sub -
Ma - �82 ,,"
�. , and bet:�een t�L 1.,.,.'Ji-, 3 tCitvlCal Sub-
zicn cf the :fate of Tiorida, herein scmetim.es designated cr
referred tc as the LAND LORD , and ;,I,Y 2E :•IIAMI, FLORIDA, DEPAR7,1EN
T.
_. „,,.•;.•.L�,Il� LEYEL.,F:•:...N.:ereinafter referred to as she TENANT,
That the LAIDLO:,D, for and in consideration of the restric-
ticns and covenants herein contained, hereby leases to the TENANT,
and the TENANT hereby agrees to hire from the LANDLORD, the premises
d"escribed as .follows:
1,103 square feet of space at the Culmer
Overtown ;l;eighborhood Service Center,
1600 N.W. 3rd Avenue, Miami.
TO HAVE AND TO HOLD unto the said TENANT for a term of
one (I) year cor•mencing June 1, 1982, and terminating May 31, 1983,
for and at a 'Octal rental of Four Thousand One Hundred Thirty Six
=nd 25/100 ($4,136.25) Dollars, payable in equal monthly installments
cf 'Three Hundred For-y :cur and 691100 ($344.69) Dollars, payable in
advance on the 1st day of every month at Neighborhood Service Centers
-iv'_sior., Suite 1606, 140 ,lest Flagler Street, Riiani, Florida 33130,
or at such other place and to such other person as the LANDLORD may
fr_;^ tine to time designate in writing.
IT IS FURTHER. MUTUALLY UNDERSTOOD AND AGREED BY THE
_.ESPECTI`!E PARTIES HERETO:
ARTICLE I
''SE OF DE14ISED PR7I.IISES
The area u. the demised premises shall be used by the
TE:;A.NT :cr offices and to provide services to TENANT's clients,
ti-,rcugh the Culmer Cvertown Neighborhood Service Center.
S3-1048
ARTICLE iI
^"1DITICN OF or '•'.I:Z S
ie :E:1ANT hereby accepts the premises in the conjiticn they
at the beginning; of this Lease.
ARTICL:: II
;�:LI^.?ES H1:D Cli:;'"ODIAL SERVICES)
-h^ LANDLORD, during_. the ter^i hereof, shall pay, all charges
St�'r and electricity used by :he TENANT and shall provide
'%.�rlal services.
ARTICLE IV
MAINTENANCE
:he LANIDLORD agrees to maintain and keep in gocd repair,
and appearance, during the term of this Lease, or of
:tensicn or renewal thereof, the exterior of the building,
the following:
=nterior of building;
A.'r-conditioning equipment
The TE;:ANI' shall be responsible for the following within
`:Ze demised area:
Eamage to the demised area caused by the negligence of the
its employees, invitees or clients.
ARTICLE V
LIABILITY FOR DAMAGE OR 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
ether than the damage or injury caused solely by the negligence of
r,
83-1048 l
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ART+CJ..
w \•
nLT�RA T r 5', .r11:T
e .LJANIT may make reasonabl:� ncn-_trlctursl alterations,
_ 1-^^c er^er.ts in cr tc `hc nre�^ices withcut the
c. .h.. LE,.JDL.;r,J. :,11 au:.i .,:n:,, fixtures, or
� except but net li^: t'd to store ir.� Gffice f urn'-
_ lfixtures which, are reaJil,r ret-�ovabic without Injury to
.all be and remain - ::art cf t' 'c , remises at the
.. -,t:cn of `h-S Lease. Subject to the above, any carpetinb
.7._- : able partitions installed by the TE'JA;:T with'_^ the
rremises shall remain the A."E;JAftT' property and ;ray be
by the ' :,'At1T upon the expiration cf the Luse A,re ement
any renewal cr cancellation thereof.
ARTICLE VII
DESTRUCTION OF PREIMISES
in the event the demised premises should be destroyed or
.ar.;a;_ed by fire, windstorm, or other casualty to the extent
the demised premises are rendered untenantable or unfit for
..-.;rpcse of the TENANT, either party may cancel this Lease by
the --ivins of written notice to the other; however, if neither
_,.rty shall exercise the foregoing right of cancellation within
thirty (30) days after the date of such destruction or damage,
the -ANDLORD shall cause the building and demised premises to be
repaired and placed in good condition as soon as practical there-
after. In the event of cancellation, the TENANT shall be liable
:_. rents only until the date of such fire, windstorm, or other
casualty. In the event of partial destruction, which shall not
r':nder the demised premises wholly untenantable, the rents shall
r,7�perticnately abated in accordance with the extent to which
TENA;:'_' shall be deprived of sue and occupancy. The TE;:ANT
not be liable for rent during such period cf time as the
rr^vises shall be totally untenantable by reason of fire, wind -
or other casualty.
ART_'_'T_` .'_ _ ti?
':C 7,IAETLITY I ^:' nET"'^`7:;L ranpE"TY
••".11 cersonal rroporty plat,--. cr m.ov('d in the premises above
:-n_ribei -hall be at the risk of TENA*:T or the owner thereof;
LAN L07D shall not be '_'able t., TLJ:ANT fcr an;; damar-e to
11 personal property unless cau,., -d by or due t:� negl.gence of
LANCLJRD's agents, or cmplc_'ees.
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i ARTICLE IX
SI3:Is
�xte:^i=r 3' �ns will be of the desiF;n and .'-r-1 cf letter
:"_.: `. rz. fed by the LANDLORD, the cost of _,ainting to be
_ :A' i. 111 signs shall be removed by TS:i A,'4T -at
'his Lease and any uamaf,e cr unsi€htly or.diticn
::;, because of cr d.-ie to said signs shall be
.greeted or repaired by TE':ANT.
RI T I ^ T r.
LANDLORDENTAH':
cr :any of it: agents, shail have the right to
,r=" ses,during all reasonable working hours to examine
make such repairs, additions, or alterations as
necessary for the safety, comfort, or preservation
: ::aicl tuilding. Said right of entry shall li;•:ewise
-he purpose of removing placards, signs, fixtures,
or additions which do not conform to this Agreement..
ARTICLE ;I
PEACEFUL PUSESSION
•..t,'ect to the terms, conditions, and covenants of this
agrees that TENIAN'T shall and may peaceably have,
:^loy the premises above described, without hindrance
:t,cn by LAI AD ORD.
ARTICLE XII
SURRENDER OF PREMISES
agrees to surrender to LANDLORD, at the end of the
•n_e Lease or any extension thereof, said !eased premises
zcndition as said premises were at the beginning of
this Lease, ordinary wear and tear, and damage by
:;_ndsto.-- or other Acts of God, excepted.
ARTICLE XIII
INDE' II-FICATION AND HOLD FARI�LRSS
':'E'.A::T hereby agrees to indemnify and save the County
ally and all claims, liability, losses and causes
ihich may arise as a result of this Lease, unless
`al-i, liability, loss or cause of action is the sole result
111.4rtV s negligence.
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Fi.71CLE" -X,1
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It is hereby covenanted and agreed betareen the ;arties
hereto that all cc7elrants, conditions, agreements and undertakings
, ntained in this Lease shall extend to and be binding on the
respective successors and assigns of the respective parties hereto,
the sane as if they were in every case namned and expressed.
ARTICLE XV
CANCELLATION AND RE :E;dAL
Either party shall have 'he right to cancel this Lease
�-reement at any time during the term of this Lease, or any exten-
Zion thereof, by giving I. -he other at least One Hundred Eighty (180)
4-ays written notice prior to its effective date. The County may
cancel through the County Manager or his designee. This Lease
autcmatically renews itself annually, subject, however "Co cendi-
ticns and stipulations set forth in this Lease Agreement.
ARTICLE XVI
NCTI^ES
It is understood and agreed between the parties hereto that
written notice addressed to LAINDLORD and mailed or delivered to the
:eigY:bcr^cod Service Centers Division, Suite 1606, 140 west Elagler
Ztreet, Mlami, Flcrida 33130, shall constitute sufficient notice to
tre L:.iI;LSF.L, and written: notice addressed to TENANT and mailed or
::elivered to the address of TENA14T at 1600 N.W. 3rd Avenue, Miami,
.lc~ida 33136, shall constitute sufficient notice to the TENANT to
:c.:ply with the terms of this Lease. Notices provided herein in this
paragraph shall include all notices required in this Lease or required
83--104S
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'ARTICLE xvll
ani "at laIme- and -,her 1�^,3
aL. , a l A. .:c uer1..� n cs,
--:a:eri,a7:7,en c:^ :t:.er _le.--_ to otand a,7ainot t^e ie;:ized ^remises fCr
_rt: - s weria_o Uri. .,,^.nC: ..tt\i'
being g ^:'_ : ied, IiC�:e': er, t...��
C311 ;1a'ie thy' ri�,ht to ccr.tect � h e _111, JIty c_ any silch lie:
_ _1...17., U t ,.ip::ri 1I..4. .. e .. _J.1: a , I l.n O :lE' :aI I al it;j tCle:'e01,
_�. ... _ shall imnediatel, : ay any j-�dgc:.-,ent cr cecree rendered againzt
. .._�♦1::1'77' a-`- all p Vper V,�UVs arlu ..h r"es, and ri all cau.-e an,,
�u.; 1-`en tc be released of record wi rout cost to the county.
"Ion-D scrimir.aticn
he card of County Ccmmnissicners declared and established
as a .:latter of polic;,i, by e-solUticn. .:c. 60' , dated .*arch 2L
t;.s t t.".ere s:.all be no discrimination based on race, color, creed or
national c.irin in c;;nnection with any County property or facilities
_zerated or maintained unde., Lease, license or other Agreement from
-ado Count;; cr its agencies.
':he TENANT a5-rees to comply ,,,i-.h the intent cf Resoluticr.
::o. 9601, dated IMiarch 24, 1964, involving the use, operation, and
maintenance of the property and facilities included in this ease
eemert .
3. !`ther Additional Provisions
It is further understood and acreed by the respective parties
-eretc that -.his Lease is subject to the intent and ^�^poses for which
"e ;curt; :sta�lished the Culmer Overtcwn P1eighbcrh.-od Service Center.
1. is :mood that the 7_::'NANT shall:
i. :,crk cooperatively with the Director and designated staff of
�ade Ccun`y Department of Euman Resources to provide coordinated
er:•ice dellvery to its clients and other eligible clients of the
;1::er '�vertowrn "eighbenccod Service Center hereinafter called the
�. ?.-ovide a'_1 furniture and equipment, other than that which
arc :.ide,d by tre LA:IDi,O"RD, necessar, to sustain its staff in carry-
:.nr^ cut their responsit.ilities.
3. Ccmp.'y with the Center Employees Handbook, which is incor-
-crated herein by reference, and with the Center statistical reporting
req:;ir e:^entz.
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4. ay all costs for telephones assigned to the T NANT on
e basis cf the number, costs of instruments, and lines used by
J staff plus 'Long distance calls. -
Therein feasible and desirable, enter into such other
st :;."aring agreements not provided for in this Lease as may be
;greed to by the TENANT and the DeDart-ment cf }human
_:c urces through its Neighborhood Service Centers Division.
_t :c agreed that Dade County through its Department of
::.;.--:an Resources shall:
Provide for the use of all common space of the Center
'_:'A,':T's clients and staff.
�. Provide for the referral of clients to the TENANT and
r.:e with client followup through the Center Case Management
York cooperatively with the staff of the TENANT to
czordinated human service delivery to its clients and other
_:•::ntc of the Center.
_t is agreed that both Pasties shall:
7'r,vide for a joint annual review of this Agreement, or earlier
if r^_-•_ected Icy either party, to make alterations to this Agreement,
if required, at least One Hundred Twenty (120) days prior to
._zter =f each year.
-. A,�ditlonal Conditions:
:. The obligations of Dade County under this Lease Agreement
ore cuo�=ct to the availability of funds lawfully appropriated
annually for the operation of the Center by the Board of County
-loners and/or the availability of funds through contract or
.ther grant programs.
. ='ther party shall have the right to terminate this Lease
gIvInG six months' advance written notice tc the other party.
:f .-..ds or grants have not been appropriated or allocated
f:r the operation of the Center, the County shall have the right to
the te:Ts and conditions for the continuation of the lease
.luring the period for which funds have not been appropriated or
allocated by giving thirty (30) days written notice to the 'TENANT
83-1048
tt . I; funds ` r grants have not b-en an! opriated or
ted fOr the c-eration of the Tenail prcgran, the TENANT
`erminate this Lease by giving the County t.-.yr ty (30) days
.ten notice.
ART; 0:.E XV: i I
I111.3U , 141.E
the ...•VA.ta shall maintain Jua ..nC the 1.ermJ ..il aA�%eernent
AOilZwi:Z insurance:
a: Public Liability lnsuran2c in amcuntz not lesa
than $130,000 per p-,r son and $300,OOC zer
accidcr.t for bodily injury and $25,000 per
accident for property damage.
;b) Contractual Liability Insurance covering all
amiability.*
,c) W--.-kmen's Compensation Insurance (Statutory).
_'he insurance coverage required shall include those classi-
:._�_�:.s as -isted in Standard amiability Insurance Manuals which
zt nearlv reflect the operations of the TENANT under this
ce Ar-reement .
^.se policies shall be issue:: in companies authorized to
c.::>iness under the laws of the Mate of Florida, such companies
acceptable to the Tanager, Risk Management Division, Cade
_ ... :loriL!a.
The Companies must be rated no less than "A" as to manage -
and no less than "AAA" as to strength, by the latest edition
=c3t1:3 Insurance Guide, published by Alfred id. Best Company,
ulton Street, New York, New York.
"'he TENANT shall furnish Certificates of Insurance to the
_... rrior to occupancy of the leased premises, which certificates
_,.early indicate that the TENANT has obtained insurance in
type, amount and classifications as required for strict
:ar.c•� with this Article. No material change or cancellation
:::durance shall be effective without thirty (30) days
... ,.. it_en notice to the Manager, Risk Management Division
out t, , ?lOrld3.
it :::r.e an;; of the policies shall be or become
_ �. T+.r to t T A)I!1♦ }^. s t form `� zu n TEANa T
' . �_cf' _�., , v he i.,r,...L;:R✓ a.� o � ^� •r Jib •tan..e, the 1t.L.N?.�
prr-mp`.ly obtain e new and ,,atisfactory p0l.cy or policies
is:ice .:ith the :`oregcir:C, requ-cements shall nut relieve
{ ` liabi'_ity an' ;b1ig;:ticns -nder this Secticn Cr
'_at ion 3:1d 1z0,4 :iarmlezz P rt is :e, (-.r an;; other
this ".;•r,,ement.
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XIX
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.. r.. _ .l. '.l. 1. r. - l .. a' J �p _ .. .. ri L ...l lJree T.n.�. lJ }- U n 1. e. ner V 1 .e ^ ar .+ e.^..
- .. .... . .. _ r • �, �. 1 , UJ gin` •. �u v vi..J r.. ... .� 1 .J V la . .i
. _ ♦r _.. L �JL.'1 J V 1.. 11 ♦'r al \+v d, e .; v
�,. ......Ju .r ...r. ....w. v�l.�. ut1:.✓.. ..ii✓ Gi.:i 1 C''.. �� = i.'auut�.G
n7t, t �c to e :cc -use d by t`_'' re p c t� TC G Caiy
_.. erg Lire day and year first above written.
TO .70:;:•1 A:;D CORP.ECTNESS .
,:,0:,. JR. c
D .... A•i. R� l/lis
C'T: 0P MIA 'I ^i,C:;IDA
By k,
;CCBPORATB SEA!)
,�t A 21
d3-1048
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STATE OF FLORIDA
SS:
(-OUNT`c' OF DADE
I. RICHARD P. BRINKER, Clerk of the Circuit Court in and for Dade County,
Florida. and Ex-Officio Clerk of the Board of County Commissioners of said County.
DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of
Resolution No. R-935 882 , adopted by the said Board of County Commis -
sinners at its meeting held on july 6 - - 1982
IN WITNESS WHEREOF, I have hereunto set my hand and official seal on
this — 1Zt h day of July A. D. 19 a2 _ .
v V� �•
� f
SEAL "
102.01-3 PE1 11:72
RICHARD P. BRINKER, Ex-Officio Clerk
Board of County Commissioners
Dade County, Florida
Deputy Clerk
Y•
Board of County Commissioners
Dade County, Florida
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