HomeMy WebLinkAboutR-82-0417RESOLUTION NO. 8 2- 4 1 7
A RESOLUTION AUTHORIZING THE CITY MANAGER
TO ENTER INTO A LEASE AGREEMENT, IN
ESSENTIALLY THE FORM ATTACHED HERETO,
WITH METROPOLITAN DADE COUNTY FOR THE
LEASE OF OFFICE SPACE AT THE CULMER/OVER-
TOWN NEIGHBORHOOD SERVICE CENTER, LOCATED
AT 1600 N.W. 3RD AVENUE, FOR USE BY THE
DEPARTMENT OF COMMUNITY DEVELOPMENT,
OVERTOWN JOBS PROGRAM; FURTHER, AUTHORI-
ZING THE CITY MANAGER TO EXPEND $1200 TO
SATISFY THE REQUIREMENTS OF AN EXISTING
LEASE AGREEMENT, EXPIRING JANUARY 31,
1983; FOR CURRENT OFFICE SPACE LOCATED AT
1026 N.W. 2ND AVENUE; AND PROVIDING FOR
THE EXPENDITURE OF 8TH YEAR COMMUNITY
DEVELOPMENT BLOCK GRANT FUNDS FOR THE
ABOVE PURPOSES.
WHEREAS, the relocation of the offices of the Overtown
Jobs Program to the Culmer/Overtown Neighborhood Service
Center will be beneficial to the unemployed population of
the Overtown section; and
WHEREAS, the relocation has been requested by the Over -
town Development Advisory Board;
BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The City Manager is hereby authorized
to enter into a lease agreement, in essentially the form
attached hereto, with Metropolitan Dade County for the lease
of office space in the Culmer/Overtown Neighborhood Service
Center, located at 1600 N.W. 3rd Avenue, for use by the
Department of Community Development, Overtown Jobs Program,
using funds therefor hereby allocated from 8th Year Commu-
nity Development Block Grant Funds.
Section 2. The City Manager is hereby authorized to
expend $1200 from the 8th Year Community Development Block
Grant Program to satisfy the requirements of an existing
lease, expiring January 31, 1983, for current office space
located at 1026 N.W. 2nd Avenue, thereby allowing the trans -
CITY COMMISSION
MEETING OF
MAY 11 1982
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REiOIMNt10......................
Kum*._. ...................
7
fer of the Jobs Program activity to the aforesaid new loca-
tion.
PASSED AND ADOPTED this 11th day of May , 1982.
Maurice A. Ferre
MAURICE A. FERRE, Mayor
ATTEST:
RAL G. ONGIE 47
ity Clerk
PREPARED AND APPROVED BY:
JO L E. MAXWELL
Agsista t City Attorney
v
GEORGE F. K X, JR.
City Attorney
82 - 4 17
CITY OF MIAMI• FLORIDA
45 INTER -OFFICE MEMORANDUM -
-0 Howard V . Gary ATE April 16, 1982 r1LE
City Manager
Lease Agreement for
Overtown Jobs Program
Dena Spillman, Director FtEFfPENCES May 13, 1982
Department of Community Development NCLOSURES Commission Agenda
It is recommended that the City Commission authorize
the City Manager to enter into agreement with .e ro-
poli an DaUe county for the lease of ice space
in Ehe u mer ver own Neighborhood Service cenEEFF,
located at 1bUU N.W. Jrdvenue, to house the apart-
ment of Community Development, Over own obs Program,
in accordance with the terms and conditions ou ine
in the attached lease agreement. Further authorizing
the City Manager to satisfy the requirements ot the
existing ease agreement in order to re oca a the
program, per the attachUd resolution.
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
vocational trainir- programs. The Program, staffed with seven
employees, is presently located at 1026 N.W. 2nd Avenue.
The Culmer/Overtown Neighborhood Service Center, a County operated
facility, has just been completed and will house a variety of
social service programs to include 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.
There is presently an 1103 sq.ft. office which just became available
in the Center. The County is willing to lease the office to the
City at a reduced rate of $3.75/sq.ft. ($4136.25 annually) from
$6.50/sq.ft., which includes utilities, maintenance and janitorial
services.
Since the agencies that will be located at the Center will be
serving the unemployed population of Overtown, it would be most
beneficial to the community to move the Jobs Program to the neigh-
borhood center. This has been requested by the C'vertown Community
Development Advisory Board.
82 -4 1'7
Howard V. Gary
4/16/82
page 2
In order to relocate the program, the City would be required to
expend an additional $1200 to satisfy the requirements of our
current lease aqreement with Susie B. Smith which expires
January 31, 1981. This lease does not include utilities,
janitorial services, nor maintenance costs which average $250
monthly.
Furthermore, the location of the office at 1026 N.W. 2nd Avenue
is not as suitable as the neighborhood center in providing
services to the unemployed population of Overtown.
Funds are available in the 8th Year Community Development Program.
Commission approval of the attached lease agreement and resolution
is requested.
/mal
82-4 17
LEASE AuREE;iEN
THIS AGREEMENT made and entered into this dad of
., 19 , by and between DADE COUNTi, a political sub-
division of the State of Florida, herein sometimes designated or
referred to as the LANDLORD, and CITY OF iiIAMI, FLORIDA, DEPARTi�1E1JT
OF CCMMUNITY DEVELOPMENT, hereinafter referred to as the TENANT,
W I T N E S S E T H:
That the LANDLORD, for and in consideration of the restric-
tions and covenants herein contained, hereby leases to the TENANT,
and the TENANT hereby agrees to hire from the LANDLORD, the premises
described as follows:
1,103 square feet of space at the Culmer
Overtown Neighborhoed Service Center,
1600 N.td. 3rd Avenue, Miami.
TO HAVE AND TO HOLD unto the said TENANT for a term of
one (1) year commencing June 1, 1982, and terminating May 31, 1983,
.for and at a total rental of Four Thousand One Hundred Thirty Six
and 25/100 ($4,136.25) Dollars, payable in equal monthly installments
of Three Hundred Forty Four and 69/100 ($344.69) Dollars, payable in
advance on the lst day of every month at Neighborhood Service Centers
Division, Suite 1606, 140 West Flagler Street, Miami, Florida 33130,
or at such other place and to.-.uch other person as the LANDLORD may
from time to time designate in writing.
IT IS FURTHER MUTUALLY UNDERSTOOD AND AGREED BY THE
RESPECTIVE PARTIES HERETO:
ARTICLE I
USE OF DEMISED PREMISES
The area of the demised premises shall be used by the
TENANT for offices and to provide services to TENANT's clients,
through the Culmer Overtown Neighborhood Service Center.
1. 82-4 17
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AP,Ir.It,JL
II
C'�i:D' T 1 it CV
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The TEN ANT hereby accepts the premises in the con,liticn trey
-i a7 the ber,-nnin�; of this s I.e; -2 .
ARTICLE III
UTILITIES AND CU1TODIAL SERVICES
The LA:iDLCRD, during- the term hereof, shall pay all charges
.;;.ter and electricity used by she TENANT and shall provide
services.
ARTICLE IV
MAINTENANCE
he LANDLORD agrees to maintain and keep in good repair,
(-r;lltion and appearance, during the term of this Lease, or of
.,ny extension or renewal thereof, the exterior of the building,
n,l the following:
interior of building;
Air-conditioning equipment
The TENANT shall be respcnsible for the following within
*-tie demised area:
Damage to the demised area caused by the negligence of the
TENANT, its employees, invitees or client3.
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
other than the damage or injury caused solely by the negligence of
County.
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2 -
A:ta f J VI
1,T27 . T - . 1•m
�'tl`' L:1:1i11 I'l y rake I'E.iSO 1:::j1.. I;-.St:'UCt�ir31 ?lterati�ns,
or i^.prcvements it or to t'. promises I.rithout, the
,cliser.t of the L NDLCR'2, All additions, fixtures, or
i,rc:lts (except but net limited to store and office furni-
an-1 fixtures which are readily removable without injury to
r:,f_•r.,ises) shall be and remain .a part of the premises at the
.:�_,:tion of this Lea:,e. Subject to the above, an;; carpetinC,
removable partitions installed by the TENANT within the
d premises shall remain the TENA;IT's property and may be
.,.•,a by the TENANT upon the expiration of the Lease Agreement
piny renewal or cancellation thereof.
ARTICLE VII
DESTRUCTIOD! OF PREMISES
In the event the demised premises should be destroyed or
damaged by fire, windstorm, or other casualty to the extent
,hat the demised premises are rendered unteriantatle or unfit for
the r.urncse of the TENANT, either party may cancel this Lease by
the firing of written notice to the other; however, if neither
party shall exercise the foregoing. right of cancellation within
- 1-11",—y (30) days after the date of such destruction or damage,
the LANDLORD 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
or rents only until the date of such fire, windstorm, or other
casualty. In the event of partial destruction, which shall not
render the demised premises wholly untenantable, the rents shall
be proportionately abated in accordance with the extent to which
the TENANT shall be deprived of sue and occupancy. The TENANT
shall not be liable for rent during such period of time as the
premises shall be totally untenantable by reason of fire, wind-
_ storm, or other casualty.
ARTICLE, VII1Pj
110 LIABTLITY F1?=: PERSONAL PROrET11TY
All personal property place- or moved in the premises above
d--cribed ohall be at the Disk of _'F.NANT or the owner thereof;
The LANDLORD shall not be liable to TENANT for any damage to
personal prnperty unless caul �d by or due to negligence of
1,11i1DLORD, LANDLORD's agents, or employees.
82-417
ARTICLE IX
I.Is
exterior sins will Le of the d•�sic-n ant fare: of '_otter
f'i:st arpr�;e.i by the LANDLORID, the cant of raintl i.- to be
by the T::i�ANT . All signs shall be removed by TENA'+T at
:•:,,ination of this Lease and any damai;e cr unsightly condition
to buildint; because of or due to said signs shall be
isfactoril•y corrected or repaired by TENANT.
ART I ' i,E X
LANDLORD'S ,RI G:iT 0? ENTRY
f
LAIIDLORD, or any of its went;;, shall have the right to
said Premises during all rcaaonable workinS hours to examine
�.ame cr to make such repairs, additlons , cr alterations as
be deemed necessary for the safety, comfort, or preservation
;he-veof of said building. Said right of entry shall likewise
exist for the purpose of removing }placards, signs, fixtures,
alterations, or additions which do not conform to this Agreement -
ARTICLE :{I
PEACEFUL POS:�ESSION
subject to the terms, conditions, and covenants of this
NDLORD agrees that TENANT shall and may peaceably have,
,ld and enjoy the premises above described, without hindrance
cr r:clestation by LANDLORD.
ARTICLE XII
SURRENDER OF PREMISES
TENANT agrees to surrender to LANDLORD, at the end of the
of this Lease or any extension thereof, said leased premises
in. as good condition as said premises were at the beginning of
of this Lease, ordinary wear and tear, and damage by
aria windstorm or other Acts of God, excepted.
ARTICLE XIII
INDL'',•IIJITICATION AID HOLD HARMLESS
':he TENIANT hereby agrees to indemnify and save the County
:•i. o�:5 from any arid all claims, liability, losses and causes
ic�rlc'. which may arise as a result of this Lease, unless
-tla.im, liability, loss or cause of action is the sole result
:i:• County Is negligence.
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ARTICLE XIV
SUCCESSORS IN INTEREST
it is hereby covenanted and agreed between the parties
hereto that all covenants, conditions, agreements and undertakings
contained in this Lease shall extend to and to binding cn the
respective successors and assigns of the respective parties hereto,
the same as if they were in every case named and expressed.
ARTICLE, XV
CANCELLATION AND RENEWAL
Either party shall have the right to cancel this Lease
Agreement at any time during the term of this Lease, or any exten-
sion thereof, by giving, the other at least One Hundred Eighty (180)
days :-:ritten notice prior to its effective date. The County may
cancel thrcugh the County Manager or his designee. This Lease
automatically renews itself annually, subject, however to condi-
tions and stipulations set forth in this Lease Agreement.
ARTICLE XVI
NOTICES
It is understood and agreed between the parties hereto that -
written notice addressed to LANDLORD and mailed or delivered to the
Neighborhood Service Centers Division, Suite 1606, 140 West Flagler
Street, Miami, Florida 33130, shall constitute sufficient notice to
the LANDLORD, and written notice addressed to TENANT and mailed or
delivered to the address of TENANT at 1600 N.W. 3rd Avenue, Miami,
Florida 33136, shall constitute sufficient notice to the TENANT to
_ comply with the terms of this Lease. Notices provided herein in this
paragraph shall include all notices required in this Lease or required
by law.
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.ADD1T,1J::l.7 :' 0%.77.: 1,*:" i
1. r;^charrics , ..1tt-'ria2:7 c n anI _l t1,er !,ie n-_
TENANT agrees that it will nct permit any mechanics,
materialmen or other liens to stand against the demised premises for
work or materials furnished TENANT, it being provided, however, that
TENANT shall have the right to contest the validity of any such lien
or claim, but upon a final detei,mination of the validity thereof,
TENANT shall immediately pay any judgement or decree rendered against
the TENANT, with all proper costs and charges, and shall cause any
such lien to be released of record oithout ccst to the County.
2. Non-Discriminat-icn
The Board of Ccunty Ccmnissicners declared and established
as a matter of policy, by Resolution No. 9601, dated march 24, 1964,
that there shall be no disc.imination based on race, color, creed or
national origin in connection with any County property or facilities
operated or maintained under Lease, license or other Agreement from
Dade County or its a;encies.
The TENANT agrees to comply frith the intent of Resolution
No. 9601, dated March 24, 1964, involving the use, operation, and
maintenance of the property and facilities included in this Lease
Agreement
3. Other Additional Provisions
It is further understood and agreed by the respective parties
hereto that this Lease is subject to the intent and purposes for which
the County established the Culmer Overtown Neighborhood Service Center.
A. It is agreed that the TE14ANT shall:
1. Work cooperatively with the Director and designated staff of
the Dade County Department of Human Resources to provide coordinated
service delivery to its clients and other eligible clients of the
Culmer Overtown Neighborhood Service Center hereinafter called the
"Center".
2. Provide all furniture and equipment, other than that which
is provided by the LANDLORD, necessary to sustain its staff in carry-
ing out their responsihilities.
3. Comply with the Center Employees Handbook, which is incor-
porated herein by reference, and with the Center statistical reporting
requirements.
82-417
U. Pay all costs for telephones assigned to the TENANTL on
;he basis of the number, costs of instruments, and liras used by
its staff plus long distance calls.
5. Wherein feasible and desirable, enter into such other
cost sharing agreements not provided for in this Lease as may be
mutually agreed to by the TE14ANT and the Department of Human
Resources through its Neighborhood Service Centers Division.
$, It is agreed that Dade County through its Department of
Human Resources shall:
1. Provide for the use of all common space of the Center
by the TENANT's clients and staff.
2. Provide for the referral of clients to the TENA14T and
assistance with client followup through the Center Case Management
System.
3. Work cooperatively with the staff of the TENANT to
provide coordinated human service delivery to its clients and other
clients of the Center.
C. It is agreed that both Parties shall:
Provide for a joint annual review of this Agreement, or earlier
if requested by either party, to make alterations to this Agreement,
if required, at least One Hundred Twenty (120) days prior to
October of each year.
D. Additional Conditions:
1. The obligations of Dade County under this Lease Agreement
are subject to the availability of funds lawfully appropriated
annually for the operation of the Center by the Hoard of County
Commissioners and/or the availability of funds through contract or
other grant programs.
2. Either party shall have the right to terminate this Lease
upon giving six months' advance written notice to the other party.
3. If funds or grants have not been appropriated or allocated
for the operation of the Center, the County shall have the right to
establish the terms and conditions for the continuation of the lease
during the period for which funds have not been appropriated or
allocated by giving thirty (30) days written notice to the TENANT.
82-417
21. if funds or C r nts ha',re ::ot re'n ap.prcrria,ed or
PJ "r the orellaticn of `C'na. t prey ram, tLe TE:dF+I T
.t.,Mi_'-1 vi�ly ueasp by ( F� E vr.unt �.liI �. j17) 13:s
,•. er: nc"ice.
ART; _"LI: XVI I I
II:IN �,E
Th<_• TENANT shall maintain 9ur,ng the terrr.s of the Agreement
following insurance:
(a) Public Liability T_nsuran,e in amounts not less
than $100,000 per person and $300,000 per
accident for bodily injury and $25,000 per
accident for property dai:iage.
(b) Contractual Liability lnsurance covering all
Liability.
(c) Workmen's Compensation Insurance (Statutory).
"he insurance coverage required shall include those classi-
:':c eons as listed in Standard Liability Insurance Manuals which,
nearly reflect the eperatieno of the TENANT under this
These policies shall be issued in companies authorized to
b iness under the lai-is of the State of Florida, such companies
acceptable to the Manager, R:sk Management Division, Dade
a:.V i loriaa.
The Companies must be rated no less than "A" as to manage -
and no less than "AAA" as to strength, by the latest edition
:gist's insurance Guide, publish_d by Alfred. M. Best Company,
Inc. , 75 Fulton Street, New York, New York.
'he TE14ANT shall furniuh Certificates of Insurance to the
'punt;: prior to occupancy of the leased premises, which certificates
il.ill clearly indicate that the TE14ANT has obtained insurance in
type, amount and classifications as required for strict
c:::.-,;11.ance with this Article. No material change or cancellation
�clf� insurance shall be effective without thirty (30) days
:.. r i•;rit*:.en notice to the Manager, Risk Management Division,
!6e Clounty, Florida.
Tf at any time any of the policies shall be or become
!;,factory to the LANDLORD as to form or substance, the TENANT
promptly obtain a new and satisfactory policy or policies
In replacement.
:;onplinnce with the foregoing requirements :hall not relieve
: Ti:P1A.'I:' of its liability and obligations under this Section or
:nc!or the Jndemnit'ication and Hold Harmless Article, or any other
-o!,t iori of this Agreement.
6
_�_ 82-417
a .
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•
Ni',T1CLE XIX.
WRITTEN AGREEM i-ENT
This Lease contains the entire agreement between the parties
hereto and all previous negotiations leading thereto, and it may be
modified only by resolution approved by the Board of County
Commissioners.
IN WITNESS WHEREOF, the LANDLORD and TENANT have caused
this Lease Agreement to be executed by their respective and duly
authorized officers the day and year first above written.
(OFFICIAL SEAL)
ATT-ST:
RICHARD F. BRINKER, CLERK
By:
Deputy Clerk
Witness
Witness
DADE COUNTY, FLCRIDA
BY ITS BOARD OF
COUNTY CO,%U11ISSION7RS
By:
County Manager LANDLORD
CITY OF MIAPdI, FLORIDA
By:
TENANT
(CORPORATE SEAL)
9—
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