HomeMy WebLinkAboutR-83-0617J-83-340
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RESOLUTION NO. 8 3-61 ,
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE A LEASE AGREEMENT, IN SUBSTANTIALLY
THE FORM ATTACHED HERETO, WITH THE DEPARTMENT
OF OFF-STREET PARKING FOR THE LEASE OF CERTAIN
SPACE ON THE TENTH FLOGR OF THE OLYMPIA
BUILDING, 174 EAST FLAGLER STREET, FOR THE USE
OF THE DEPARTMENT OF PUBLIC INFORMATION, WITH
FUNDS THEREFOR ALLOCATED FROM BUDGETED FUNDS
OF THE DEPARTMENT OF PUBLIC INFORMATION.
BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA:
Section 1. The City Manager is hereby authorized to execute a Lease
Agreement, in substantially the form attached hereto, with the Department of
Off -Street Parking for lease of certain space on the tenth floor of the
Olympia Building, 174 East Flagler Street, for use of the Department of
Public Information with funds therefor hereby allocated from budgeted funds
of the Department of Public Information.
PASSED AND ADOPTED this 18th day of Jul 1983.
ATTEST:
1 _
RA L H G. ONGIE
CITY CLERK
PREPARED AND APPROVED BY:
&4�lz Z
ROBERT F. CLARK
DEPUTY CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
AGARCIA-IEDROSA
TORNEY
Maurice A. Ferre
M A Y 0 R
CITY COMMISSION
MEETING OF
JUL 18 19 S RESOLUTION T o. 83-61 !1�
,
REMARKS.
F
CITY OF MIAM1. FLORIOA
CITY E-,S 0FC?dff-cR•0FFICE MEMORANDUM
14J3 -PR 19 N! 12: 04
-o Jose Garcia -Pedrosa DATE March 24, 1983 FILE
City Attorney
r
FROM- Carlos E. Garcia
Director of Finance
aUSJGC- Off Street Parking Lease
Agreements
REFERENCES- (Our Legal 83-001)
ENCLOSURES
The Property Management Section of the Finance Department has no
objections regarding these leases.
Please note, however, that the leases with Management & Budget and
Public Information should reflect the deleted paragraphs, and the
two addenda as contained in the Lease AgreemeriFwi-tifZnt:ernal Audit.
Also, note that the Lessees agree to pay all increasef for electri-
city and/or water charges that exceed 5% from the date of commence-
ment of the leases.
Please have your staff review these leases prior to submission to
the City Manager for his approval.
CEG:hg
Enclosures
3
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83-611
40 LYMPIA BUILDING LEASE
174 East Ftapiet St
Miami, Ftoride
his ]kgrrtmatr -entered into thi. 18th day of February A.U.. 14�.
brtwren TIIE ULPARTSIENT OF OFF.STIIEET PARKING, herrinaher called LANULOHD, and
CITY OF MIAMI (PUBLIC 114FORM4TION)
hrrrinafter called TENANT, IS TO U ITNESS: That Landlord dues this day Ieo-e unto Tenant:
Suites #{1017 - 1020
To hate and to hold said premises for the term of 3 years beginning March 1, 19 83
and ending February 28, 1986 for the total rented fluor area of 600 square
feet, at the agreed monthly price of Five Hun dre d For tX Two Do tars r; 50/14Q 542.50 ) Dollars
Rine een lhousand Five Hunarea imirty
ytXV()gsxcXxot, for a total rental of Do 1 A rr I: On/ I np (3 1 9 s 530.00 ) Dollars.
payable in equal monthly installments, to be paid on or before the I st day of each month. all payment, to be
made to, and at the office of. the Department of Off-street Parking, 190 N.E. 3rd Street. Miami. Florida 33132.
IT IS FURTHER AGREED AND COVENANTED BY AND BETWEEN THE PARTIES HERETO AS FOLLOa•S:
XRITY 1. Tenant, concurrently with the execution of this lease, has deposited with Landlord the sum of S
the receipt of which is hereby acknowledged b) Landlord, which sum is an amount equivalent to one month'& rent to be retained
by Landlord as Securit), in addition to the first month's rent plus the last month's rent, as herein agreed to be paid by Tenant and
for the faithful performance by Tenant of the terms and covenants of this lease. It is agreed that Landlord. at Landlord's option.
may at+nl time apply said Security or any pan thereof for the payment of the repairs and/or restoration of damaged rented area
which was caused by Tenant. and towards the performance of each and every of Tenant's covenants under this lease, but such
covenants and Tenant's liability under this lease shall thereby be discharged only pro tanto; that Tenant shall remain liable for any
amounts that such sum shall be insufficient to pay; that Landlord may exhaust any or all rights and remedies against Tenant before
resorting to said sum, but nothing herein contained shall require or be deemed to require Landlord so to do; that. in the etent thin
Security &hall not be utilized for any such purposes, then such Security shall be returned by Landlord to Tenant within thin) days
nest after the expiration of the term of this lease. Landlord shall not be required to pa) Tenant any interest on said tccurit)
deposit.
2. The Tenant will use and occupy the premises for Offices for the Department
of Public Information
and for no other use or purpose.
SICNMENT 3. Without the written consent of Landlord first obtained in each case, Tenant shall not assign. transfer. mortgage• pledge. or
otherwise encumber or dispose of this lease or the term hereof, or underlet the demised premises or an) pan thereof or permit the
premises to be occupied by other persons. If this lease be assigned. or if the demised premises or any part thereof be underlet or oc•
cupied by an%bod) other than the Tenant, the Landlord ma), after default b) the Tenant, collect rent from the a.signm under.
tenant, or occupant and apply the net amount collected to the rent herein reserted, but no such collection &hall be deemed a
waiter of this cotenant, or the acceptance of the s.signee. undertenant, or occupant as Tenant or a relesve of the Tenant from
the further observance and performance by the Tenant of the cotenants herein contained.
itVICE 4. The Landlord will furnish services as follows: Air Conditioning. Electricity and
Janitorial Services
Such Bert ice shall be giten as Iong as the Tenant is not in default under an) of the cotenants of this (rase. subject to strikes.
accidents. breakdowns, catastrophes, national or local emergencies, sets of Cod, and conditions and causes be)und the control of
the Landlord. and upon such happening, no claim for damages or abatement of rent fur failure to furnish on) such sera ices %hall be
made by the Tenant or allowed by the Landlord.
011NATION OF
S. Tenant hating examined the premises is familiar with the condition thereof and relying solel) on such examination will
:E%tISES
take them in their present condition. unless otherwise expressly agreed upon in writing.
k ��AIRS ;Rc
`7L1i(rl4Pt9SX?{'!iR?�IC4fAel4'147!!'!l*!il!4iT.?It+Ht':R]�CtXI}liiQS4C@Ifd3lit)ttSHiyifliEl Tenant will at the termination of thi. lease
b) lapse of time or otherwise, return said premises to Landlord in as good condition a• when reeeited. loss b) rare or windslurna and
ordinar) wear escepted.
.AY OF
t1SSFSSION
6A. If the Landlord is unable to give possession of the demised premises on the date of the commencement of the aforesaid
term b) rrs.on of the holding eater of on) prior tenant or tenants or for on) other reason: an abatement or diminution of the rent
too be paid hereunder shall be allow ed Tenant under such circumstances. but nothing herein shall operate to extend the term of the
lrs•e beyond the agreed expiration date; and said abstement in rent &hall be the full catcall of Landlord's (iabilit) to Tenant for on)
loss or damage to Tenant on account of said delay in obtaining possession of the premises. If Landlord iw unable to Fite pease+ -ion of
the demised prrmisrs to Tenant within nines) data next after the commencement of the Term of this lease. then Tenant shall hate
the right to cancel this Irssc upon written notice thereof delitered to Landlord within ten days after the lapse of .aid nines% do)
period; and. upon ►urla cancellation, Landlord and Tenant shall each be released and discharged from all (iabilit) on this Ira.c.
.TLHATIONS
7. Trnonl will make no allerstiunrs addition► or improtemrnts in or to the premises without the esritlrn consent of Landiurd,
and all addition% fi►turr% ur inaprutratrnls. rxrr•pt unit offiveTurniturr and fixture which Atoll be readily rrnsutaWr witl..•it in-
jur) to the prruai•. •. whall be- and ra•rtasiu a part of the prrani•rw at like rtpirstiun of chi• Ir..r.
Q �+
at•Ra.t- jttlt .
R Iti.under.ate, [ Landlrard(or.a•r%irr-eerfor
t d a d veered upon brtweeo the part herrtir that am char a stsen,t Trnrnt by
It F.�
work done- tan the prime-,,.. by order of Tenant. or ulhrrw t-r secrutne under the. h•s.r. •lull lie• von-tder,•d s. rrnt date and -hall 1►r
included in an% lien fur rent.
I IRf.
4. In the a%rnt the. prrnai-r- .hall lee de•troyrd air -at damaard air injurrd Iry fire air other aa-ualt%. l]atrene the life of thi. verve.
ntint. whereby the %nee .hall br rendered unlrnaniablr, then Landlord -hall have the neht to render -atilt prrnu-e- tenantable h%
repair. within ninety da%- ther•(non. If -aid prerni-e- art- nut rendered tenantable wtahtn .aid tense it ,hall he upteeenal with zither
party hero -to tat ranuel thi, les,e, and in the evrnt of uvh canrellaliun the rent -hall be pall] only to list- data- at( -tith (ere- or ca.uai.
to. Thr a enrellatiun herein mentioned •hall he r%ident•rd in writen[. Dunne an% tine► that Ihr prime-e art- unlcnantahle due tee
uau-e„et forth in the, paragraph. the rent or a ju•l and fair proportion thert•of .hall lie omettid.
REGULATIONS AND
M. Tenant -hall prompt1% raeeatle and vntopl% with all-tatute%. ordinance,, rule%. order-. reculauun. and renuer•nmnt, of the
1N141 It %%LE
Federal. Stale•. Cuatnt and Cif% Go%ernment, and u( an% and all their Department, and Ituresu%. apphuable tie •aid priors- for the
rorr•ctmo. pre%enton. and abatement of nui,anres or other gricysnces. in, upon, air iunnert•d with ,aid preme-e-. during -aid
tern. and .hall al -op promptly rompl% with and eu•cute all rubes. order- and r•aulation, of the Southea-turn l nderw ritvr- 4--oeta•
lion fur Olt' prrvention of fire%. at Tenant'• town co-t and etprn%e.'k-)GYM>OXD(-X-4 )IAIKX&,>GAK *X)aXKAA WtKAXI(*%K"0iX
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NON•PILYMENT
11. Tenant agrees: That Tenant will promptly pay e:aid rent at the times above %toted. that, if anv part of the rent tar utility
charge. -hall remain due and unpaid for -even day% neat after the Fame shall become due and pavalth•. Landlord -hall hay► the- lip -
lion of derlarine the balance of the entire rent for the entire rental term of thi- Ira-e to be immediately due and pa�ahly. and
Landlord may then pnaeeed to collect all of the unpaid rent called for by this Ira-e by di,trr-- or othvrwe-e.
AHANDONNIENT
12. If during the term of this lease Tenant shall abandon. %scale or remo%r from the premi-a•oo the major portion of the Koud..
ware., equipment or furni-hings u%uall% kept on said premises, or %hall erase dating busine,% in .aid prrmi.t . or .hall .offer the rent
to be in arrears. Landlord may, at its option, cancel this lease. in the manner %toted in Paragraph 13 herruf. or Landlurd may enter
wid premises a- the agent of Tenant, by force or otherwise, without being liable in any way therefor, and relet the prerni-es with or
w ithuul am furniture that may be therein, as the agent of Tenant, at much prier and upon such term- and for uch duration of time
a%Landlord may determine, and receive the rent therefor. applving the name to the payment of the rent due by thc-e prr-ent%. and
if the full rental herein pro%ided -hall not be realized by Landlord over and above the expense% to Landlord of -uch reletting. Te-
nant ,hall pay any deficiency.
BANKRUPTCY
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Attorney's
1.1. If either party defaults in the performance of any of the covenants of this
Fees
lease and by reason thereof either party employs the services of an attorney to
enforce performance of the covenants by either party to evict the Tenant, to
collect moneys due by either party, or to perform any service based upon siad
default, then in any of said events either party does agree to pay a reasonable
��>tiloRkRF
RbLki"*A
attorney's fee and all expenses and costs.incurred by either party pertaining
thereto and in enforcement of any remedy available to either party.
16. No waiver of any condition or covenant of this lease either party shall be
deemed to imply or constitute a further waiver either party of any other condition
or covenant of this lease. The rights and remedies created by this lease are
WAIVER
cumulative and the use of one remedy shall not be taken to exclude or waive the
.right to the use of another. -
RICHT OF
17. Landlord, or any of his agents, shall have the right to enter said premises during all reasonable hours to e%amine the game
ENTRY
or to make such repairs. additions or alterations as may be deemed necessary for the safety, comfort. or preservation thereof, or of
said building, or to exhibit said premises at any time within thirty days before the expiration of this lease. Said right of entry shall
likewise exist for the purpose of removing placards. signs, fixtures, alterations, or additions which du not conform to this agree.
ment.
PERSONAL
18. All personal property placed or moved in the premises above described shall beat the risk of Tenant or the owner thereof.
PROPERTY
and Landlord shall not be liable to Tenant for any damage to said personal property, or to Tenant. arising from the bursting or leak•
ing of water pipes or from any act of negligence of any co -tenant or occupants of the building or of any other per -on w homsur%er.
INDEMNIFY
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LANDLORD
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See
Addendum 2
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MGHTTO
MORTGAGE OR 20. Tenant's rights shall be subject to env bonefide mortgage which now coven said premises and which may hereafter be plac.
LEASE ed on said premises by Landlord. or underlying (rase now or later covering the entire property.
NOTICES 21. Escept for the monthly rental noticm all notices shall be certified or registered mail or noticrao delivered in hand ta► the
Landlord or Landlord's Agent and to the Tenant or Tenant's Agent on the premises. If the premises are unoccupied or acceptance
of said notice is refused by the Tenant or Tenant's Agent, said notice may be served on the Tenant by porting same in a pro-
minent place on the premises. This paragraph shall apply to notices pro%ided for in this lease by the laws of the State of Florida.
RULES AND
22. It is mutually agreed that all the Rules and Regulations printed upon the back of this in-trument -hall be and are hereby
REGULATIONS
made a part of this lease and Tenant covenants and agrees that he and his servants and agents will at all times ob-ertee, perform and
abide by said rules and regulations.
WRITfEN
23. This lease contains the entire agreement between the parties hereto and all previous negotiation► leading thereto. and it
AGREEMENT
may be modified only by an agreement in writing signed and sealed by Landlord and Tenant. No surrender of the demised premises.
or of the remainder of the term of this lease, shall be to slid unless accepted by Landlord in %riling.
TIME
24. It is understood and agreed between the parties hereto that time is the essence of all of the terms and provisions of thia-
lease.
83-F 1 r'
• „i
ADDENDUM 2
INDEMNIFICATION
The City of Miami does hereby acknowledge and agree that any and all
operation of the programs implemented by the City of Miami which utilizes
the facilities provided hereunder are the sole and complete responsibility
of said Provider and all persons hired by the City hereunder are the
employees, agents or officers of said City of Miami and not that of the
Off -Street Parking Department.
In this connection, the City acknowledges and agrees that it is solely
liable and responsible for damages which might arise out of acts or
omissions of the City, its officers, employees, agents or persons under its
direction and control, and to the extent that the Off -Street Parking
Department may be named in a suit which arises out of the acts or omissions
of the City, its officers, employees, agents or persons under its direction
and control, the City shall indemnify, defend and hold the Off -Street
Parking Department harmless however, liability under this clause is governed
by the limits and to the extent provided in Section 768.28, Florida
Statutes, the partial waiver of sovereign immunity.
In this connection, the Off -Street Parking Department acknowledges and
agrees that it is solely liable and responsible for damages which might
arise out of acts or omissions of the Off -Street Parking Department, its
officers, employees, agents or persons under its direction and control, and
to the extent that the City of Miami may be named in a suit which arises out
of the acts or omissions of the Off -Street Parking Department, its officers,
employees, agents or persons under its direction and control, the Off -Street
Parking Department shall indemnify, defend and hold the City of Miami
harmless however, liability under this clause is governed by the limits and
to the extent provided in Section 768.28, Florida Statutes, the partial
waiver of sovereign immunity.
83-6171
:a. Tbi. 1. kmn-. tltrreuf be
eo r and all I i o, rnant, and cundilitin• -hall antdint upon end letter., to the I•t•nrfet of the lertr..
Irtal rrltr...•ntattvr.. surrr.•ur. and a.•itrts of the porter. hrrrto. racept that nu prr...n. firm, corporation. ter rourt o form Itoleltrit
under o► thritueh Tenant in ttoleimn of ant of the Iran-. prof i.tnn% nr rtindthon. of this Irr.►•..hall hats- am riebt. intrre•1 or
rqutty its or to Ilii. ltv.e, the Iran. of the. Ire•r or thr premisev, rained bi thi. Ira.v.
Subject tit the Iran., condinuns and rutrnont% of this lro.e. LANDLORD serrrs that Tenant .hall and met prait•oblt
111�FS�111�
Itste, held and rnjoy the prrmi.rs obnte dr.rribed, uithoul hindrance ur molruts ion bt Landlord.
TF.IIt,Th)1�
2:. And it i. further aerrrd that this lrasr it, made bt the Landlord and arrepird by the Tenant under Ilse- At -tint I undernlan.
\II
dine and aervi-nient that the Landlord kliall hate the right and pritilrge to make and build addttenn• its Ihr butlihoc of ..inch tt,�
1.11AIRS
dvmt.rd .parr• i. a part. and make wrh alirratiun• and rrpetr. to Raid building an it mat drem i.i.r and adt i.ablr t.ithmit ant Italttit•
tt to the Tenant therefor.
ai. The itrin. landlord and Trnont as herein vuntainrd shall include singular and/or plural, niasrulinc, frnurttnr, and, -or
ncuirr, heir., sucrr•surs. ctrrutor., administrators, per.nnal repro-entatites end/ter assign% uliereter the rontett . o require. or ad•
mit..
tll\ENT
29. In the etcnt sny portion of .aid leasrd prrmi,rs is taken by any vemdemnalion tor eminent domain pritrrcdin!.. the
a(1ttAl\
tminimuml monthlt rental herein specified Lo be- paid shall be ratably reduced according to the arcs tit the Ire.rd prt•mi-•. ultich t.
taken. and Tenant .hall be entitled to nit other cion.Ideration b) res%on of surh taking, and any damages suffered h) Trnanl on ay.
enunt of the taking of an) portion of said Irs•cd prrmi," and ant damagrR In my orticturro, erected on -aid les•ed prrnti.r., re••prr•
ti%rlt, that •hall ltr suardrd tit Tenant in .aid prticrrding..hall be- paid it) and receited by Landlord, and Trnant .hall hens not right
therrin tor thrrew or to an) part thereol. and Tenant deter. hereby relinquish and align to Landlord all of Tenant's righto, and
equitirs in and to any such damages. An) rental based upon the percentage of gross sales specified in this leas to bepaid .hall in nu
ray be reduced or affected b% thr taking of an) portion of the premises by cundemnatiun or eminent dumain procrrdings. Should
all of the Iraa•d premise% be taken b) eminent domain, then and in that etrnt Tenant shall be entitled to nu damage• (it on) cure.
b) reasitn of such taking, except the cancellation and termination of this lease as of the date of .aid taking.
�URRENUER
30. Tenant agrees to surrender to Landlord, at the end of the term of this lease and/ter upon any cancellation of this lca.c. said
PREMISES
lea.ed prrmi.es in as; good condition a% said premises were at the beginning of the term of this lealic. ordinary wrsr and tear, and
damage by fire and aind•torm or other act. of God. excepted. Tenant agrees that, if Tenant dues not surrender to Landlord. at the
end of the term of this lease, or upon on) cancellation of the term of this lesse, said leased premiss%, then Tenant %ill pa) to
Landlord all damages that Landlord may suffer on account of Tenant's failure to so surrender to Landlord post %ion of said leased
premises, and will indemnify and sate Landlord harmless from and against all claims made by an) succeeding tenant of said
premise. sgaino Landlord on account of delay of Landlord in delivering possession of said premises to said succeeding tenant so far
as such dcla) is occasioned b) failure of Tenant to so surrender said premises.
.IE\S
31. Tenant further agrees that Tenant will pay all liens of contractors. subcuntracturs, mechanics laburem materialmrn, and
other items of like character. and will indemnify Landlord' against all legal costs and charges, bond premiums for relea+e of liens,
including counsel fees reasonably incurred in and about the defense of an) suit in discharging the said premises or an) part thereof
from an) liens, judgments, or encumbrances caused or suffered b) Tenant. It is understood and agreed between the parties hereto
that the cost• and charges above referred to shall be considered as rent due and shall be included in any lien for rent.
The Tenant herein shall not have any authority to create any liens for labor or material on the Landlord's intere" in the
above described property. and all persons contracting with the Tenant for the destruction or removal of any building or for the
erection, installation. alteration, or repair of any building or other improvements on the obove described premises and all
materialmen, contractors, mechanics. and laborers, are hereby charged with notice that the) must look to the Tenant and to the
Tenants interests only in the above described property to secure the payment of any bill for work done or material furnished dur.
ing the rental period created by this lease.
IN WITNESS WHEREOF, the parties hereto have hereunto executed this instrument for the
purpose herein expressed; the day and year above written.
Signed, sealed and delivered in the presence of:
DEPARTMENT OF OFF-STREET PARKING
As to Lessor
By: (Seal)
Lessor (Director)
•
As to Lessee B): Lessee (Seal)
APPROVE AS O F M AND CORRECTNESS:
BY: t a `
J R. GARCIA—PEDROSA, City Attorney
ADDENDUM 1
Utilities
The Landlord, during the term hereof, shall pay all charges for water and
sewers and electricity used by the Tenant. In the event that rate increases
for water and sewers and/or electricity exceed 5 percent or more from the
commencement date of the lease, Tenant will pay its pro rata share of such
increases.
83-617,
1 6
82
Howard Gary
City Manager
City of Miami
0
FROM: Roger M. C tr..�
Director]f++
let gDepartment oPi
11
DATE: March 7. 1983
SUBJECT: Olympia Building Leases
There are currently three leases in the Olympia Building which should be
submitted to the City Commission. The first lease is for 7.935 square feet
rented by the Office of Management and Budget. The second lease is for 600
square feet occupied by the Office of Public Information. These leases were
due for renewal February 18, 1983. -The third lease is for 247 square feet
for the Office of Internal Audit to expand their office slightly.
The rental rate for the Office of Management and Budget and the Office of
Public Information will be $10.85 per square foot. The rate for the Office
of Internal Audit will be the same plus $19.50 per square foot to amortize
over a three year period $14,448.55 invested by the Department for
renovations requested by Sujan Chhabra.
Please forward the leases to the City Commission for review in their March
24, 1983 meeting.
Att .
cc: ]Manny Alvarez
a�-s1�