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Home My WebLink AboutR-82-0522RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE SAME FORM AS ATTACHED HERETO, BETWEEN THE CITY OF MIAMI AND STANISLAW PECNIK, AUTOMOTIVE EQUIPMENT OPERATOR I, TO ALLOW OCCUPANCY OF AN APARTMENT SPACE AT THE CITY NURSERY LOCATED AT 2400 NORTHWEST 14TH STREET, ON A MONTH -TO -MONTH NO - CHARGE BASIS, IN EXCHANGE FOR SECURITY AND OTHER SERVICES INHERENT IN THE CARE OF THE CITY NURSERY, TO BE PROVIDED BY SAID STANISLAW PECNIK. WHEREAS, the Parks Operations Headquarters has been moved from the City Nursery at 2400 Northwest 14th Street to 1000 Northwest 20th Street. WHEREAS, the City Nursery has been reconstructed and is now stocked with thousands of plants used by Parks, Public Works and Community Development; WHEREAS, the City Nursery has a need for nightime, weekend and holiday protection; WHEREAS, Stanislaw Pecnik, Automotive Equipment Opera- tor I, has offered to provide said security and other services inherent in care of the City Nursery in exchange for the privilege of occupying an apartment space on the site on a month -to -month rent-free basis; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The City Manager is hereby authorized to execute an Agreement, in substantially the same form as attached hereto, between the City of Miami and Stanislaw Pecnik, Automotive Equipment Operator I, to allow his occu- pancy of an apartment space at the City Nursery located at 2400 Northwest 14th Street on a month -to -month no -charge basis, in exchange for security and other services inherent in the care of the City Nursery to be provided by Stanislaw Pecnik. CITY COMMISSION MEETING OF. JUN 17 19m qb PASSED AND ADOPTED this 17th day of June , 1982 • Maurice A. Ferre HAURICE A. FERRE, Mayor ATTEST: RALP G. ONGIE, City Clerk PREPARED AND APPROVED BY: / �71 /� ?4 gwl� ROBERT F. CLARK Deputy City Attorney APPROVED AS TO FORM AND CORRECTNESS: GE GE F. KNOX, JR. CiU Attorney 2 USE AND OCCUPANCY AGREEMENT THIS USE AND OCCUPANCY AGREEMENT, entered into this day of , 1982 by and between the City of Miami, a municipal corporation of the State of Florida, (hereinafter referred to as "CITY"), and the Stanislaw Pecnik, Automotive Equipment Operator I, (hereinafter re- ferred to as*the "USER"): W I T N E S S E T H: WHEREAS, the City of Miami does this day hereby allow occupancy unto Stanislaw Pecnik, Automotive Equipment Operator I who does hereby agree to occupy, the following described premises being an apartment space on that certain complex located at 2400 Northwest 14th Street, situated in Miami, Florida, to be used and occupied by the USER as his residence under applicable zoning and for no other purposes or uses whatsover, for the term of one month, beginning on the day of , 1982, and continuing on a month -to -month basis and for the agreed security services to be provided by said USER. The following express stipulations and conditions are made a part of this Agreement and are hereby assented to by the USER: 1. SERVICES TO BE PROVIDED The services to be provided by the USER to the CITY in lieu of charges or fees shall be: A. The turning on and turning off of the irriga- tion system for the plant nursery. B. The turning on of security lights in the evening and turning off of said lights the next day. C. The locking and securing of all gates to the premises, as well as, providing the necessary ingress and egress to the property after normal working hours as may be required. 82-522. V 0 D. The answering of the telephone for service calls as may be required after normal working hours. E. General overall care, custody, and control of premises in order to provide adequate reason- able security to same after normal working hours or other related duties as may be directed by the Director of the Department of Parks. F. The providing of a sense of presence and the calling of the Police Department as needed. 2. TERM The term of this USE shall be for a period of one month commencing on the day of , 1982, and shall continue on a month -to -month basis for the agreed security services to be provided as detailed in Article I hereof. 3. TERMINATION It is mutually agreed that this Use Agreement may be terminated by either the CITY or the USER by delivering from one to the other a written notice of cancellation of this Use Agreement Thirty (30) days prior to the termination date hereof. 4. LAWS APPLICABLE The USER enters into this Use Agreement recogniz- ing that all laws of the State of Florida, Ordinances of the City of Miami and Dade County, Florida, pertaining to the operation of the said premises are made a part of this Use Agreement, and the USER agrees to abide thereby. 5. ASSIGNMENT Without the written consent of the City Manager of the CITY first obtained in writing, the USER cannot assign or transfer this Use Agreement or any extension or renewal thereof. F 82-522 " FJ 6. CONDITION ON PREMISES The USER hereby accepts the premises in the condition they are in at the beginning of the term of this Agreement, and agrees to maintain the interior and exterior of said premises in the same condition, order and repair as it is in at the commence- ment provided, except for reasonable wear and tear and damage by the elements, other acts of God, or riots. 7. ALTERATION BY USER The USER may not make any alerations, additions, parti- tions or improvements in or to the premises without the written consent of the City Manager of the CITY, and all additions, par- tions, or improvements shall become the property of the CITY and shall remain a part of the premises at the expiration of this USE Agreement. The USER shall have the right to remove any movable personal property or fixtures that he places on the premises. If any part of the designated premises is in any way damaged by the removal of such items as hereinabove stated, said damage shall be repaired by the USER at his sole cost and expense. 8. MAINTENANCE The USER agrees to maintain the interior and exterior of the said premises in good order and repair at all times, and in an attractive, clean and sanitary condition during the term of this Use Agreement or any extension or renewal thereof. 9. CITY'S RIGHT OF ENTRY The CITY, or any of its properly designated agents, representatives, or employees, shall have the right to enter said premises during all hours, to examine the same. 10. PEACEFUL POSSESSION Subject to the terms, conditions and covenants of this Use Agreement, the CITY agrees that the USER shall and may peace- ably use and enjoy the premises hereinabove described, without hindrance or molestation by the CITY. At the expiration of this -3- J�r 0 . 82 — Use Agreement, the USER shall, without demand, quietly and peace- ably deliver up the use of the designated premises in as good con- dition as it is now, except for normal wear and tear and decay and damage by the elements, other acts of God, or riots. 11. VIOLATIONS If the USER in any manner violates the covenants and conditions of this Use Agreement, then, and in that event, after ten (10) days written notice given to the USER by the CITY to cor- rect such deficiencies after such written notice, this Use Agree- ment shall terminate forthwith at the option of the CITY, and upon written notice to the USER. 12. SURRENDER OF PREMISES The USER agrees to surrender to the CITY at the end of the term of this Use Agreement, or upon any cancellation of this Use Agreement, said premises. 13. CAPTIONS The captions contained in this Agreement are inserted only as a matter of convenience for reference and in no way define, limit or prescribe the scope of this Use Agreement or the intent of any provision thereof. 14. ENTIRE USE AGREEMENT The provisions of this Use Agreement constitute the entire contract between the parties and no prior agreements or representations shall be binding upon any of the parties unless incorporated in this Use Agreement. No modifications, release, discharge, or waiver of any of the provisions hereof shall be of force and effect unless in writing and signed by both parties. IN WITNESS WHEREOF, the parties have hereunto caused this Use Agreement to be executed in their names by their duly -4- a2� ' 82- 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 Florida By Howard V. Gary, City Manager ATTEST: RALPH G. ONGIE, CITY CLERK (SEAL) Stanislaw Pecnik, Automotive Equipment Operator I PREPARED AND APPROVED BY: Assistant City Attorney APPROVED AS TO FORM AND CORRECTNESS: GEORGE F. KNOX, JR., CITY ATTORNEY min