HomeMy WebLinkAboutR-82-1124J-O2-194
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RESOI-IIT ION NO. 82-1124
A RESOLUTION AUTHORIIING THE CITY MANAGER TO
EXECUTE A LEASE AGREEMENT, IN SUBS IANTI AI_I_Y
THE FORM ATTACHED HERETO, WITH THE COCONUT
GROVE FAMILY CLINIC, INC. FOR THE OPERATION
OF A MEDICAL Cl_INK IN CITY-OWNET) RIJILDINGS
IN FL17ANETH VIRRICK PARK.
WHEREAS, the City owns the property and facilities commonly
known as El.izahe-th Virrick Park, 35130 Day Street; and
WHEREAS, the Coconut Grove Family Clinic has, since 1970
heen providinq medical and dental services to indi(lent and low
income families residing in the Coconut. Grove area via that
property and far iIit. ie�, and wishes to continue doino sn; and
•11]E!2t:45, the Lease AarPement hetween the City and the
Coconut Grove Family Clinic has expirel; and
WHF1?I:AS, thF Cit.v rec_orinizes the unigi_ie I)uhlic service
rondered by the Coconut. Grove Family Clinic, and desires to
nntin.rr to acI n�,rticip.,te by providing this property and
these fac i l i t, i-�s:
N n w im*RFtT1Rl-, 13E 11 RE`iOl_VF_I) 13Y THE COMMISSION OF THE
CI lY OF MIAMI, FLORIDA:
- Section 1. The Citv ►Aananer is hereby authorized to execute
n Lease A,Treement, in suhstantially the form attached hereto,
with the Coconut Grove Family Clinic, Inc. for the operation of
the medical r..linic in Elizabeth Virrick Park, for a period of 3
years with a 3 year option to renew contingent upon the City
Manager's eporuval•
PASSED AND ADnP(1_I) this 9 day of DECEMBER , 1982.
AI11-5T:
�I_P G. ONG1 F, C1 Y C.
RA
MAURICE A. FERRE
14 A Y 0 R
CITY COMMISSION
MEETING OF
DEC 9 1982
82- 1124
a
PREPARED AND APPROVED BY:
�
4.t—
ROBERT F. CLARK
DEPUTY CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
r
.ARCIQ_pvnunqn
ITY ATTORNEY
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82-1124
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22
TO Howard Gary
City Manager
l.1
FRC.. Carlos Garcia
Finance Director'`
91
CITY OF MIAMI. FLORIDA
INTEROFFICE MEMORANDUM
DATE November 4, 1982 FILE
SI,e:E Z' Coconut Grove Family Clinic
REFERENCES
ENCLOSURES
It is recommended that the City Commission
authorize the City Manager to execute the
attached lease agreement between the City
and the Coconut Grove Family Clinic for the
use of certain facilities in Elizabeth
Virrick Park.
In 1970, the City first leased facilities in Elizabeth Virrick Park
to the Coconut Grove Family Clinic. The clinic is a non-profit
charitable institution funded by the City of Miami Department of
Community Development, Dade County Department of Human Resources,
the U.E. Department of Health and Human Resources, and United Way.
The clinic occupies two buildings in Elizabeth Virrick Park; the
Theodore Gibson Community Building houses the clinic and the ad-
ministrative offices are in the small multi -purpose building. A
wide range of medical services are offered by the clinic to its
12,000 registered patients.
The lease on this property has expired, and the attached agreement
would renew the lease for a term of three years, with a three year
option to renew upon the City Manager's approval. The consideration
is $500 a month, which is to be retained by the lessee as a con-
tribution from the City.
It is recommended that the City Commission approve this resolution.
CG:STP:bf
82-1124
!I
LEASE AGREEMENT
BETZ'-EEN THE
CITY OF MIAMI
AND THE
COCONUT GROVE FkMILY CLINIC, INC.
FOR
TZtiO BUILDINGS
IN
ELIZABETH VIRRICK PARK
82-1124
0
COCONUT GROVE FAMILY CLINIC, INC.
LEASE AGREEMENT
SECTION PAGE
PREAMBLE
1.
DESCRIPTION OF PREMISES 1
2.
TERN 2
3.
USE 2
4.
CONSIDERATION 2
5.
LAZES APPLICABLE 2
6.
'TILITIES 3
7.
rSSIGN:•.ENT
6.
CONDITION OF PREMISES 3
9.
ALTERATION BY LESSEE -'
10.
MAI1:TENANCE 3
11.
CITY'S RIGHT OF ENTRY 4
12.
F:ISK OF LOSS 4
13.
I::DE::::IFICATION AND HOLD HAP2-.LESS 4
14.
I':S JF yNCE 4
15.
PEACEFUL POSSESSION 5
1
5
19.
`'IOL.-.TIO:•:S 6
2G.
OT 6
2 _ .
11: T I ON 6
AGRE-::ENT 6
7
82-1:124
4*
LEASE AGREE! -:ENT
THIS LEASE AGREEMENT, entered in this day of 1982,
by and between the CITY OF MIAMI, a municipal corporation of the
State of Florida, Lessor, (hereinafter referre-0 to as "City"), and
the COCONUT GROVE FAMILY CLINIC, INC., a non-profit corporation
incorporated under the laws of the State of Florida (hereinafter
referred to as "Lessee") :
W I T N E S S E T H:
WHEREAS, the City of Miami has recognize3 the unique public
service being rendered to the Coconut Grove Community by the
Coconut Grove Family Clinic in providing medical services for
needy residents; and
E-PEREt,S, the City of Miami desires to actively participate in
providing such facilities in the City of Miam by providing the
r..ulti-purpose building and the Reverend Canon Theodore Gibson
Co, -..;.unity Center in Elizabeth Virrick Park; and
WHEREAS, the Commission of the City of Miami, Florida, by
:ems:elution passed and adopted on 1982, has
authorized the City Manager to enter into a lease agreement for
this property;
NOW, THEREFORE, in consideration or the :-romises and mutual
covcnants contained to be observed a:,:: c2" roJ":''_c , the parties
hereto do hereby covenant and acree as follow-S:
1. DESCRIPTION OF PREMISES
The City hereby leases to Lessee, an:i Lessee hereby leases
free: the City that certain real proFc•r`.N as the Reverend
Canon Theodore Gibson Community Building and the small multi-
purpose building in Elizabeth Virrick Park, Miami, Florida as
described by Exhibit F: to this Agrecncnt, attached hereto and made
a p-rt of this Lease Agreement.
82-1124
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2. TEPM
(a) The term of this lease shall be for a period of three
(3) years commencing on the day of
, 1982 and termi-
nating on the day of 1985. It is mutually agreed
that this Lease Agreement, may be terminated by Either the City or
the Lessee by delivering from one to the cther a written notice of
cancellation of this Lease Agreement ninety (90) days prior to the
termination date hereof.
(b) Sixty (60) days prior to the expiration of the term of
the three (3) years lease as provided herein, the Lessee may, upon
the approval of the City Manager, extend the lease term for an
additional period of three (3) years upon notification in writing
to the City Manager of the City.
USE
The use of this facility shall be for the provision of
medical services.
If the Lessee wishes tc add services or change the
orientation of the services provided, approval in writing must be
obtainc6 from the City Manager of the City before such change can
be made.
4. CONSIDERATION
The Lessee shall pay to the City each month the sum of
Five Hundred Dollars ($500.00), as the fair monthly rental, which
amount is accepted in advance and acknowledged by the City. However,
each rental ray -rent, curir.c the ter:: of this Lease Agreement,
including the above advance monthly rental of Five Hundred Dollars
(`S011.00), shall be retained by the Lessee as the amount of the City' --
contribution to the program provided to the community by Coconut
Grcvc Family Clinic, Inc.
Lhl^,S APPLICABLE
The Lessee enters into this Lease Agreement recognizing
that all laws of the State of Florida, Ordinances of the City of
R.iami and Dade County, Florida, pertaining tc- the operation of the
leased premises are made a part of this Lease Agreement, and the
Lessee agrees to abide thereby.
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t . UTI LI TI ES
A
The Lessee at the Lessee's sole cost and expense shall
Provide all utilities, including but not limited to, electricity,
water, gas and sewage disposal. Trash and garbage removal shall
be at the cost of the Lessee.
? . ASS I GNMERT
Without the written consent of the City Manager first
o' t4ined in writing, the Lesse•-- c:.:.r.zt sublet, assign, cr transfer
this lease or any extension or renewal thereof.
I8. CONDITION OF PREMISES
The Lessee hereby accepts the premises in the condition
they are in at the beginning of the term of this lease, and agrees
to maintain the interior and exterior of said premises in the same
condition, order and repair as it is in at the commencemcnt
prcv_c.ec, except for reasonable:•car and tear and damage by the
elements, other acts of God, or areas.
9. FLTER7:TIO': BY LESSEE
The Lessee may not may.c c:. Lltcrations, additions,
partitions or improvements in or to the rremises without the written
consent of the City Manager of the City, and all additions,
partitions, or improvements shall become the property of the City
and small remain a part of the rrcmises at the expiration of this
Lease Agreement. The ultimate lono ter,: use and renovation of this
faci? i ty as to leasehold improti,,-: bee the financial
respcns-ibility of the L•essec.
If any part of the der,,-cr-_scs is in any way damaged
by the removal of such items as hereinalovc stated, said damage
shall be repaired by the Lessee at its sole cost and expense.
C' . T:i:II�TEI�AI�CE
:he Lessee agrees to r,.. . !-Ic interior an;: t}:c
exterior of leased premises in good order and repair at all times,
and in an attractive, clean and sanitary condition during the term of
th1 s 1c Esc or any extension or Th%::- Lessee agrees
tc as sur.o responsibility for all electricity, and roofing
systenus , as WL11 as any other systems of elcnicr,ts the t may need
rcF�air. '
82--11.24 �
_�_ j
i'hc: City, cr an}- cf jt_. pro;,cr1y cc :.etcd agents,
representatives, or employees, shall have the riGht to enter said
premises during all reasonable working hours, to exaTM,ine the same.
12. RISK OF LOSS
The Lessee shall iderinify and save har:�.less the City
4 CG_r.zt all risk of loss, injury or damage of any }:ind or nature
whatsoever to property now or hereafter placed on or within said
premises, an3 all ris}: of loss, njury cr canace of any kind
cr nature whatsoever to the contents of such building or improvements
r-,--6 . h,,, the Lessee to the structure or structurEF, or to any goods,
chattels, merchandise or to any other property that may now or here-
aftEr be placed upon said leased premises, whether belonging to the
Lessee or others, whether said loss, injury or damage results from
fire, hurricane, risina water or from any other cause or other con-
and whetrt:r the same be caused by the claimed negligence
of the City or any of its employees, agents,.or otherwise, and to
keep harmless the City from all clams and suits crowing out of any
such loss, injury or damage.
13. INDEMNIFICATION AND HOLD
The Lessee shall indemnify and save harmless the City
ac8::-.st any and all claims, suits, actions, dar-,aces or causes of
actic:. arisinc during the terms of this Lease) Agreement for any
perFc,nal injury, loss of life or damage to property sustained in or
on ti,_ leased prc ---ses by reason of, or as a result of, the Lessee's
occ..'• , usE-, an ! ci _ rLt]ons th;_-rc^'r, fro^' and against
ar.y c r6ers, j udgr:,r ^ . E , or decrees %,:hich may be entered thereon, and
frc:: c.r.c against al_ coEts, attorneys' feer, E`:r-cnses and liabilities
inc4rrcd in defense of any such claim and the investigation thereon.
i 17. INSURANcF
The Lessc-c shall obtain `t it:- c ? cos : an:' cx:-erse and
r..alntz►in, with respect to the leased premises at all times during
the term of this lease, a general comprehensive liability policy in
anrDui,ts of not less than $300,000.00 per occurrence combined single
i_r..it for Podi]y 1r.jury and Prol-crt}• The policy of insurance
shLIJ provide that the City be given at least 90 days advance written
notice of cancellation or any major change of said policy and the
City shall be named as an Additional Insured or as their interest may
82,-1124
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If
appear on all policies. The insurance companies writing this
coverage shall be licensed to do business in the State of Florida
through an agent domiciled in Dade County, Florida and the minimum
rating acceptable as to management capabilities and financial
strength is as follows:
" as to Management Capabilities, X as to Financial Strength.
This is in accordance to best Key Rating Guide, current
edition.
15. PEACEFUL POSSESSION
Subject to the terms, conditions and covenants of this
lease, the City agrees that the Lessee shall and may peaceably
have, hold and enjoy the premises hereinabove described, without
hindrance or molestation by the City. At the expiratio:-: of this
lease, the Lessee shall, without demand, quietly and peaceably
delix,cr up possession of the premises in as cool condition
as it is now, except for normal wear and tear and decay and damage
by the elements, other acts of God, or riots.
16. NOTICES
It is understood and agreed between the parties hereto,
that written notice addressed to the Lessee and mailed or delivered
to the Executive Director, Coconut Grove Family Clinic, Inc., 3230
Hik,iscuF Street, miami, Flori:.'� , _; 12_, AL11 constitute sufficient
notice to the Lessee, and writtc:-. r,c--Lice z::iressed to thr Property
:•Sar,ager anC; mailed or deliverec tc the Frc..erty 1-7anager, Department
of Finance, City of Miami, Box 330708, P',iami, Florida, 33133, shall
constitute sufficient notice to the City to comply with the t:.erms
of this Lease. Notices provided herein in this paragraph shall
include. all notices required in this lease or required by la%-.%
The Lessee further agrees that the City, through its City
Manager, shall have the right to designate other places where said
a:ratttr, notices shall be delivered to it.
17. 1,DVERTI S I NG
a -he Lessee shall not permit any signs or advertising matter
(other- than small directional or informational type signs) to be
}lacL:d either in the interior or upon the exterior of the premises
82-1124
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or grounds without having first obtained the approval of the City
Manager of the City. The City reserves the right to erect or place
upon the leased premises an appropriate sign indicating its
contribution.
18. NONDISCRIMINATION
The Lessee agrees that there will be no ciscrimination
against any persons on account of race, color, sc::, religious creed,
ancestry or national origin, in the use of the de-,ised premises and
the improvements thereon.
19. VIOLATIONS
If the Lessee in any manner violates the covenants and
conditions of this Lease Agreement, then, and in that event, after
ten (10) written notice given to the Lessee by the City to
correct such deficiencies, and upon failure of th; Lessee to correct
such deficiencies after such written notice, this .-reement shall
terminate forthwith at the option, of thr-- City, e:.:: ;:nor, written
notice to the Lessee.
20. SURRENDER OF PREMISES
The Lessee agrees to surrender to the City at the end of
the terra of this lease, or upon any can c,- lation c,_` this lease, said
leased premises.
21. "I cn.s
only as
matter of convenience and for reference and in no way define, limit
or yrescrik,e the scope of the lease or the intent of any provision
there -of.
22. r!:TIRE AGRED:ENT
The provisions of this least constitute the entire contract
between the parties and no prior agreements or representaticams—shall
is bir,c:ar,y upon any of the parties, uI inccr1-orated in the lease.
A
No modification, release, discharge, or waiver of any of the
provisions hereof shall be of force and effect unless in writing
signed by both parties.
IN WITNESS WHEREOF, the parties have hereunto caused this
lease agreement to be executed in their names by their duly
authorized officers, all as of the day and year first above written.
THE CITY OF MIAMI , FLORIDA, a municipal
corporation under the laws of the State of Fla.
By
CITY MANAGER
ATTEST:
CITY ClERFC COCONUT GROVE FAMILY
Qessee)
REVIEWED BY:
)17
1}ssistant CityLAtto
(l Af d
s
WITNESS
APPROjqM TO FORT 6 COP4_ri7NESS :
i
10SE R. GARCIA-PEDROSA
K ty Attorney
82-1124
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COCONUT GROVE FAMILY CLINIC, INC.
LEASE AREA
EXHIBIT "A"
MCI v"
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82-1124