HomeMy WebLinkAboutR-81-0449RESOLUTION NO, 1 440
A RESOLUTION AUTHOPITZINC THE CITY IMANAGER
TO EXECUTE THE ATTACHED AGREEMEt,IT WITH THF.
STATE OF FLORIDA, I)EPARTrtEAri' OF' EDUCATION,
DIVISION OF BLIND SERVICES, FOR. THE OPEyR-
ATION OF THE CONCESSION FACILITY AT FAUL
8, WALKER MINI PAR K j FOR ONE DOLLAR, POP,
A PERIOD OF THREE YEAE<', SUBSTANTIALLY IN
ACCORDANCE WITH THE TERMIS AND CONDITIONS,
;SET FORTH THEREIN,
WHEREAS , the City owns the property and 1,acil.ity commonly
known as "Paul 5, Walket, Mini Park"; amd
WHEREAS, the City recognizes the unique public service being-
rendered by the Division of Blind Services in providing- on the job traininrl
and employment opportunities for visually impared individuals; and
WHEREAS, the City desires to'acti.ve.1y participate in providing,
such training in the City of ,N'i.ami by providitir- the concession facility, at the
Paul S. Walker ".ini Fark; and
WHFREAS, .the Division o?' Bl.inci Services (iesi.res to operate the
Qoncessi.on facility at Paul ;'. Walker Itilini Park;
iiC)t;; T,iEFE.FnpF, PE: IT RE O VED t;Y THE CO!T,11SSIO;1 OF THE CITY OF
MI MI , FLORIDA:
Section 1. The City Aianaper is Hereby-t,uthorized to execute
the Etta,--hed ati:,reement with the State of Florida, Department of Education,
Division of Blind Services, :'or the operation of the concession facility at
.'au]: 'S. Walker 14ini; Park f'or 'n period of three years, for the rental fee of
one dollar.
PASSED AND ADOPTED THIN 28 Df,Y OF MAY 3981.
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MAURICE A. FERRE
MAY OR
-:—
RALPI ONGIE, CITY CLERK
PREPARED AND APPROVED BY:
ROOERT F, ` CLARK , ASSTSTAW CITY ATTORNEY
PIPPRO ' (:; TO FORM Ai;D ()RRECTN SS
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f3r'OF'" I, 1"'N CITY A' T'OW5'Y ..r«, ., A •
CITY COMMISSION
OF
MAY?; 1`301
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LEASE AGREEMENT
This Lease Agreement, made and entered into this day of
by and between the CITY OF MIAMI,'a mubicipal
corporationof the State of Florida,`hereinafter referred Oat "City"i
and the Department of Education on behalf of the Division of Blind Servicess
a State of Florida Agency, hereinafter referred to as "l:essee",
W1TN�SSFTH:
WHEREAS, The City of Miami has recognized the unique public
service being rendered by the Division of Blind Services in providing
on-the-job' training and employment opportunities for visually impaired`
individuals and desires to actively participate in providing such
training in the City of Miami, by providing the concession facility at
the Paul S Walker Mini Park; and
. WHEREAS, in conjunction with the leasing of the premises, the
Lessee shall have the exclusive right to offer for sale and sell -food,
beverages, cigars, cigarettes, fresh cut flowers, and sundry items in the
City ,of Miami Paul S. Walker Mini Park described in this lease.
NOW, THEREFORE, in consideration of the premises and mutual
covenants hereinafter contained to be observed and performed, and for One
Dollar ($1.00), receipt of which is hereby acknowledged, and other good and
valuable consideration, the parties hereto do hereby covenant and agree as
follows:
1. DESCRIPTION OF PREMISES:
The City hereby leases to Lessee and Lessee hereby leases from
City, the.food, beverage and tobacco concession located at the City of Miami
Paul S. Walker Mini Park, 46 West Flagler Street, Miami, Florida.
2. USE OF PREMISES:
(a) Lessee shall have the exclusive right to offer for sale,
or sell, food, beverages, cigars, cigarettes, fresh cut flowers and sundry
items subject to specifications and qualifications hereinafter contained
and in all of the provisions of this lease agreement,' Lessee $hall, use the
premises for the primary purpose of operating a food and beverage concession.
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(b) Lesset shall make no unlawful ,improper Or offensive
use of the leased premises.
(e) This lease agreement and all rightsof the Lessee here-
under shall, at the option of the City, cease and terminate upon discontinuance
of the stated use and operation of the premises by the Lessee.
3. TERMS. 0P LEASE;
The tern of this lease agreement shall be for a period of three
(3) years commencing on the ......day of 198_0 and
terminating on the day of 198,_.
4. RENT
In keeping with the City's desires to actively participate in
the Division of Blind Services, and recognizing the unique public service
provided by the Lessee, rental for the facility is waived.
S. FOOD AND BEVERAGE STANDARDS
`. All food and beverages will be of the highest quality.
` 6. HOURS OF OPERATIONf
Hours of operation of the leased concession facility shall be
such as to provide the maximum convenience to those served and shall be as
mutually determined by the City and the Lessee. Minimum hours of
operation shall be from 7:30 a.m. until 6:00 p.m each day except Sundays.
In addition to; Sundays, the facility may be closed on any official holiday
recognized by the City of Miami or'the 'State of Florida.
7. UTILITIES:
The City will provide and designate at no cost, the space and
'location for the concession. 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
accomplished at the sole cost of the Lessee.
1 �t'Y+. tiCEfiCt1ANItJ p15__
The Lome shall make available all areas of the prernf gee udder
hie cohti o1 for d5tamination at any reasonable tine, by the City Mahager
And/or his duly auth6Yi2ed representative, The Lessee agrees to lMediately
undertake the Correction of any defiddhey cited by such inspectors.
13. CODIPLIANCE WITH W�tCA3tt.:tAW9:.
The Lessee thall abide by all applicable rulest regulations, and
laws of the City of Miami, County of Oade, and the State of Florida# now in
force or hereafter adoptedp and the written rules and regulations
established by the City Manager or his drily authorized representative.
14 ADVERTISING MATTER:
The Lessor, through its proper officials, reserves the right and
authority to prescribe rules pertaining to regulations of signs and/or
advertising matter.
15. POSTING AND CONTROL OF PRICE SIGNS: (Food and Beverage):
The Lessee shall provide and have posted in conspicuous locations
'.signs showing the prices of all edible COLModities. ' Size, location, and
content of said signs shall be subject to approval of the City Manager
and/or his duly authorized representative.
16. ADEOUATE'SUPPLIES OF MERCHANDISE AND COM140DITIES:
The Lessee agrees to keep on hand at all times a sufficient supply
of all merchandise and: commodities to adequately serve the public.
17. INSURANCE:
The Lessee shall carry, at his expense, at lease $300,000 per
occurrence of Public Liability Insurance including Products Liability,
$25,000 Property Damage Insurance,; and shall name the City of Miami as an
additional insured on said policy. Any cancellation ofinsurance shall be
preceeded by 30 days_notification to the City. Copies of insurance policies'
must be on file withthe Lease manager of the City of Miami, Florida, at all
times.
18, LICENSES:
The Lessee shali'aequire 4nd pay for the necessary licenses
required for the operation of And shall be ropponsible for the
payment of any and 411 taros levied on their Pperatioii, by whatever
taxing entity.
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the Lessee shall furni:$h any 'additional equ pttieht necessary f6r
concessioh bperAt16h and will be perMitted t6 either rent and/or lease new
equipment at his eXi5ense, 6p he my purchase, • Said equipment shall be
tnaihtained in good condition and tonoved by Lessee at his estpense at the
end of the lease tekM, Equipitent which cannot be readily removed without
injury to the premises, shall retnafn and become the property of the Lessor
upon expiration of the lease term,
20,tIoUtd,'I'ING 08LIECTS .0?L, WALL$:
The Lessee shall not put nails; hooksi or similar objects on the
walls without the approval of the City Manager and/or his duly authorized
representative.
21 CUSTO01AL AND JANITOR SERVICEt
The Lessee shall furnish all custodial and janitor services
required to maintain daily the concession area in a cleanand sanitary
condition. Trash and garbage will be collected in standardized containers
and stored out of sight of the public, The Lessee also agrees that he will
maintain the premises in a manner consistent with, or demanded, by"all
Health Aei)artments and Pure Food Examiners, and also that the _premises will
at all times be kept open for proper inspection by any other agency having
jurisdiction thereto.
22. ALCOHOLIC' BEVERAGES:
No wines, beers, liquors, or alcoholic beverages or ,ny kind or
nature shall be sold,; offered or given away.
23. EXTERMINATOR SERVICE,
The Lessee shall engage an exterminator to control vermin and pests
on a biweekly basis at his expense. This service may be required once a week
in order to properly control vermin and pests,`'as directed by. the City
Manager and/or his duly authorized representative.
The areas to be SerY,iced by, the exterminator includes all: areas
where food is dispensed, stored, and cpnsumed
?4, 14AINTENANCE:
The Lessee ,hail be respQns*�ble for all necessarY maintenance
directly related to the ConcessiPn,
81-449
lessee agrees that there shall be h6 disdriffiihAti6h as tb rade #
set, creed+ color or natibr,al origin th C6hhedt'" with the use sarvide,
ffialhtenance,' or dperatk6h of the leased prL*Mirsesr
26 S tRs P�ttCF, C NT120h f,_ COMMObt1`It5
Sale prices of items bffered fdr sale shall ihitially be
` approved by the City Manager bf his authbriZed representative, Any,and
all subseouetit changes to prices, sites, wei4hts of quantities of items
offered for sale shall be subject to City Manager review and approval.
21' El'I'LOYEES QUALIt LCATI� S t
The Lessee shall employ only people to work at this facility who,
if required by appropriate law, advice, rule or regulation are literate,
neat, clean, well groomed and courteous, They must also possess health
. certificates if required,
28, TRASH, RUBBISH, AND`GARBAGE DISPOSAL:
The Lessee shall provide, at his expense, all garbage, trash and
t'xubbish receptacles within the confines of the leased area and will be.
responsible for keeping them clean and empty.
29. SALES RESTRICTIONS:
All sales shall be confined to the area allocated for the facility.
Lessee will not 'be permitted to do any selling or vending outside of the
designated areas of lease except by written authorization from the City
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Manager -or his duly authorized representative.
30. BUILDING MAINTENANCE - MAJOR REPAIRS:
The City will make and assume all reasonable and needed major repairs
or maintenance to the actual structure of the building, at such times as
required.
31. LESSEE'S RIGHT TO MAKE IMPROVEMENTS:
The Lessee shall accept the building as is but the City Manager
will grant theLessee the right to make additions, improvements, and
alterations to the facility for his oWn convenience, provided that prior
approval is obtained from the City Manager before such actions are undetrtaken,
and provided that such additions, jmprov6m9nts, and 41teratiQn5 beco a the
property -,of the City► upon expiratiQ of the lease: All additiA�►s, m�rove ►eras,
and alterations made by the lessee snail 1* done at his expense+ And' and ail
€ut�ae, table. Fhairs� ot� shalt bo iA aocodanco with the aehiteelxral
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planning of the park and subileot to Peior APPedval of the City ManaPry
-32, ML.bMIN_SURAW_ _
the City will carry structural and content-insurantt, (tin that
which is owned ,by the City of Miami), for the perils of fire, extended
coverages and malicious vandaI i smY
�81 moo I,F,ICATIONS,&
Additional equipment may be added_ to the existing installation
upon written request of the Lessee with the approval of the City Manager or,
his designated representative
34, RISK Or LOSS:
Lessee agrees to assume all risk of loss, injury or damage of
- any kind or nature whatsoever to property now or hereafter placed on or
within the leased premises or to the contents of the leased premises belonging
to the Lessee,
35 DEFAULT;
In the event the Lessee fails to comply with each and every term
and condition of the lease agreement; or fails to perform any of the terms
and conditions contained herein; or fails to comply with the written directions
of the City Manager of the City; or otherwise discredits the City, within
thirty (30) days after written notice thereof is given to the Lessee, then the
City, at the City''s sole option and witnout'further notice or demand to the
Lessee, may cancel and terminate this lease agreement, and said lease agree-
ment shall be null and void and no further in force or effect, and the Lessee
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Shall forthwith vacate the leased premises.
36. SURRENDER OF PREMISES:
At the expiration of this lease agreement, the'Lessee will quietly
and peaceably deliver the leased premises to the City in the same repair and
condition in which they were received.
37, WRITTEN NOTICES;
Lessee agrees that all notices under this lease agreement must be
in writing and shall be deemed to be served when delivered to the Lessor at
the City of Miami Department of Finance, ,attention Lease Manager, 45 SW 1st
Street, Miami, FloridaQ,
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The captibns Contained in this lease agreement are inserted only at
a natter of convenience and foe reference and in no way define, limit, or
prescribe the scope of this lease agreement or the intent of any prbVision
thereofx
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'his lease agreement shall be binding upon the City and the Lessee,
their successors and assigns,'and they shall abide by each of the terms and
conditions hereof,`
40, CA11C51LATION BY CITY:
_ The City reserves the right to cancel, terminate and declare this
lease agreement to be null and void at its sole option in the event said leased
premises are needed by the City for a purpose other than as a concession.
Notice of cancellation shall be given .in writing, and shall be deemed to be
served when delivered to the Lessee at the leased premises at the City of
Miami Paul S. Walker Mini Park, 46 West Flagler,'Miami$ Florida and shall
provide an effective date of cancellation, which shall not be less than
ninety (90) days from the date of notice by the City to the Lessee.
IN WITNESS WHEREOF, the parties hereto have 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, a municipal
APPROVED AS TO rORM, ^v:1T M'...1k INN
Corporation under the laws of
� suyJE::rToE>ECUiICt �ALL r;,;;r�zs
OFF:CE c- THE „ �;.. ,;E� the State ' of Florida '
FLONIZIN xOASSOOFE:,
E ITY NAGER
' ATTEST:
a c CITY CLERK
As to Division of Blind Services
.—DIVISION F BLIND SERVICES--
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By
$ to� Departmen 'pf Education AD S R,
Ven ing Facility Program
APPROVED AS TO FORM AND LEGALITY
iCTTY_71 WREY, Y ; Ix
DD Mj 5jQNER OF ED4A—
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