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Home My WebLink AboutR-81-0402i + �f said Agreement being substantially in the omtGached hetetQ, 15 MAY MAVRICE A. FERRE X960t,oj ;t,, &Z,6.,C "SUPPORTIVE DOCUMENTS rr�i i nIni„ ,FULLo 44DOCU.M T INDEX IT E M N 0.._.__t `� II ' ,_ is i ►�.t� �: VVU2 FROM blowiSwrIKaufmann sun:i cT Proposed Resolution Approving Assistathe City Managet Lease for City Property to Metropolitan Dade County It is recommended that the proposed Resolution be adopted by the City Commission at its meeting scheduled for May 15, 1981, whereby the City Commission will approve a lease agreement for City property to Metropolitan Dade County to operate a motor pool and will authorize the City Manager to execute same. Under the Land Exchange Agreement between the City and Metropolitan Dade County, dated December 20, 1979, the County agreed to convey a portion of Block 108N to the City upon notice by the City that the City would construct an approximately 1,000 space multi -story, public parking facility on the property. Under Resolutions No. 80-797 and 80-798, dated October 30, 1980, the City Commission approved undertaking the development of the Downtown Government Center Parking Facility on the subject property. Subsequently the City Manager in a letter, dated November 26, 1980, advised the County of the City's action and requested the County to convey the property to the City. The County Manager responded by letter, _ dated December 16, 1980, that the County was preparing the necessary documents and requested that the County be allowed to use the property until actual construction begins. The County plans to convey the property to City by County Commission action on May 19, 1981, at which time the City will lease the County the same property on a short term basis allowing the County to use the property for its motor pool operations. The proposed Resolution provides for the City Commission to approve the lease agreement and authorizes the City Manager to execute it. "SUPPORTIVE DOCU 11"Al ENTS FOLLOW" MEtROPOLITAN DADE COUNTY, FLOP10A OFMCF. OP COUNtV MANAW1 911 COURTHOUSE MIAMI, FLORIDA 33130 (305) 519-5311 METRODADE 3 " t r 1 r . at 7 j s S i t L it a r r s April 29, 1191 fs )mot is F- �I - i Me Morris Kaufman Assistant to the City Manager City of 1liami 35n0 Pan American Drive Miami, Florida 33133 Re: Lease Agreement for Block 108N, � Downtown Government Centor Dear ?tr. Kaufman: Attached is a draft of the Lease Agreement between the City and the Count:: for your review. A copy of the deed will be forwarded to you shortly. r tHtS LEASE At REELiENT made and entered i tito -this _day d 1981, by and between nude County, Florida, a political subdivision of the State of Florida, hereinafter referred to as the "COUNTY", and the City of Miami, a municipal cotporation of the State of Florida, hereinafter referred to as the ="CITY". tJ I; N E `S S E T ti W1IGRCA$, the City of Miami is the owner of certain property its 'Dade County, Florida, located within the City of Miami, here inafter more particularly described; and WHEREAS, the CITY has acquired the below described premises from the COUNTY for a Downtown Government Center parking facility and such property is not anticipated to be needed for that purpose for at least the next four (4) months; and WHEREAS, the COUNTY has requested the City of Miami Commission to lease the land hereinafter described to it as sole tenant for the public purpose of operating and maintaining a mobile equipment motor pool by the COUNTY; and WHEREAS, upon written notice to the COUNTY by the CITY that the City Commission has awarded a contract for the construction of 'a parkin; facility on the subject property, the COUNTY will vacate the said property within thirty (30) days; and WHEREAS, it is in the best community interest and welfare that the property be made available to the COUNTY; NOW, Tiit:EtUPORL, in cans idc�ration of the premises, and the r covenants, conditions, limitations and agreements herein contained, ",the City of Miami hereby leases to Dade County and tale COUNTY Hereby leases from the CITY the following described lands, together with the improvements thereon, situate, lying and heing n Dade County, Florida, to wit; "burrvrc i iJ DOCUIMIENTS FOLLOW" .i . that Orrtioh ofQIock 1031i1 of A. L. KNO,&TO J'S H'P Or M1rMI, according to the plat thereof as recorded in at Book B, at Page 41, of the Public Records of Dade County, Florida which lies Fasterly of that Right -of -'Way Line, Shown on Page 9 of 21 of the State of Florida, State Road Department Right -of -Way map for the Miami Expressway (I-95/EJo rth-South Expres- sway) Section 37270-2425 as recorded in Plat Book 83, at Page 21, of the Public R�c.ords of Dade County, Florida, and less the Esst 144.96 feet of said [31ock 108N. Being rare particularly described as follows: Commence at the Southeast Corner of said Block 10,3'1 and run 'West along the south line of said Block 108111 a distance of 1.14.96' to the Point of B rgin- ning, thence run :forth along a line 144.96' west of and p3ral lel wi th the east 1 i ne of said block for a distance of 3C0.52' to a point on the north line at said Block 108,11, thence run S 89059' 52"W along the north line at said Block; 108N For a distance of 293.7.5' to a [point of curvature of a circular curve, said point or curvature -being 43.72' west of the not cct er of Lot 3 of strid Block 103'J, thence run w,,;terly and southwesterly, along the arc of a curve to the left, having as its elements a central anglo of 42060''53" and a radius of 39. 80' fo r a di sta nc�l of 29.19' to a point; thence run S 19009'07"c for a distance of 307.40' to a point on the south line of said Block 108N said point being 69.46' wort of the S.E. Corner of Lot 14 of said Block 1 Or`J; thence run N 89058' 22"E a distance of 224.55' to the Point of Beginning con- taining 1.91+acres more or less. Subject, ho,.rever, to all conditions, restrictions, limitations, reservations and all easements and rights of way for public road purposes and public utilities. To Have and to Mold the same unto the said COUNTY, until notice by the CITY, from the date of execution of this Agreeinent by both parties, with payment by Dade County on this lease arrange.rent at an annual rental of One Dollar (S1.00) per year, subject, hoover, to tha conditions, covenants and agrce:nents on the part of the COUNTY to he kept, observed and perforTned. THE PAPTIES HERETO MUTUALLY COVENANT, WARRANT, REPRESENT AND AGREE AS FOLLOWS: ARTICLE I TERM AND USE Tien terr•r of this Agreement shall be on a monthly basis co^rrnonci ng. upon cxecutio�r of this Agreement by bath parties and for a minirru,n terria of iQur (4) months, and is cancoilahle upon thirty (30) drys written notice following the rni n finial tr-rin a s provided horein, "SUPPORTIVE DOCUMENTS FOLLOW" the CITY grants to the C'U'UHTY the right to use the property for a mdbile equip,ient motor pool and associated uses, with improvements which int3lude: paving, landscaping, dr•sinage, paint striping and fencing as '- pelt vided or as may be provided by the COU'1TY. Any unsightly condition !roused the demised pronises due to the use of the property by the COUNTY ISN111 be satisfactorily corrected or repaired by the COU.`1TY. ARTICLE IY CONDITION OF PREt-iISES The COUNTY hereby accepts the demised pr?:nises in the condition 13y aeo at the beginning of this ledse and agrees to improve and keep said pPthl ses in good order. At the erpir3tion of this Lease, the COUNTY shall be allowed to rcriove any an(] all equi pi,tent, signs, and other property located on the deiai sed promises, at the COUNTY's option. ARTICLE III UTILITIES The COU,:TY, during the •tei.1 hereof, shall be obligated for and 'shal I pay al 1 charges for util i ties in the promi ses covered by thi s Lease or for the cost of locating or relocating any utilities resulting from the COUNTY using or improving the property. ARTICLE IV ASSIGHMIE` T This Lease shall not be assigned nor shall the demised premises or any part thereof be sublet nor shall the COUNTY grant any license or Sub -lease in resp-act to any of the improvements or facilities maintained, operated or located upon the demised premises, without prior written consent of the City Manager. ARTICLE V MAINTENANCE The MUMshall keen and maintain the de,i ed pre,ni ses, and al l f cilit gas and equipment located th4reon, in a stale of ;oo.i repair and Cleat) i;r,n i tion at ul 1 ti::es. Th,:� CO'.!:;TY shall su;r �r•vi se, control and maintain the dooi serf pr•�?-fl ses and all facilities and equ i pr.Ient l oca t?d tfiurvon at all tines, The COUNTY shill neither conr►i t nor permit any viol:'itions of the laws, ruins and r,equl3tions of the City of Miami, Davie Caunty. State of Fl oriti3 or the Federal gover^Trent u .on the demi sedIvE remi ses, HOC U M E IVTS 3 FOLLOW„ ARTICLE VI NO LIABILITY FOR PERSONAL PROPERTY Al l personal property placed or moved in the demised premises shall be at the risk of the COUNTY. The CITY shall not be liable to the COUNTY for any damage to said personal property unless caused by or clue to negligence of the CITY, the CITY's agents or employees. ARTICLE VIII LIABILITY. FOR DAi"AGE OR INJURY The CITY shall not b, liable for any damage or injury which may be sustained by the COUNTY or any persons on the demised premises, after inspection and acceptance of the condition of the property by the COUNTY, other than damage or injury resulting solely from tha carelessness, negligence, or improper conduct on the part of the CITY, its agents, or employees, or failure. of the CITY to perform its covenants under this Lease Agreement. ARTICLE IX INSURANCE Since the COUNTY is self insured for general liability, a certificate of insurance cannot be issued nor can tho CITY be named as an additional insured. The COUNTY agrees to defend all claims brought against _ the COUNTY or the CITY due to the COUNTY's use and occupancy of the domi sod prntai ses. 'ARTICLE X pfi'A;iLT If the ColIN11'Y default: in any of tho COU!11Y''s undertakings ill this tpigw or ';fa it s to perfonn, abi do by or c(viply v,i th any of tho conditions, oviana;nta, provisions or agroemonts herein set forth, or if the COUNTY abandons the dimi sed promi sas, tiu'n anal ill any such event, the City Mansger "SU` P01 \TIVF DOC'�UIVIL 1t!-FS V({ I 1 1-1 ', .A 11 i AY, Upon thirt16(30) days written notice to � C ",'NTY; tertiirrate this L'Me and declare it cancelled. • ARTICLE XI ADDITIONAL REQUIREMENTS PMor to the CITY advertising for bids For the conStruction edhtracti the CITY wi i I submit the proposed plans for tiie parki nj facility td the Downtown Government Center, Architectural Review Board for review and approval, Such approval will be required prior to notice to vacate by the My, ARTICLE XII SURRE11DER OF PREt+ISES Following approval by the Domitown Government Center Archi tbctuti:ll Ilevie:v Hoard, the COUNTY agrees to surrender the demised premises upon thirty (30) days written notice by the CITY that the City CcTsni ssion has awarded the construction contract for the construction of the parking facility. The COUNTY will vacate the subject premises within thirty (30) days of receipt of said notice. ARTICLE XIII NOTICES All notices given under this Lease shall be in writing and delivered by either certified or registered nail. Notice shall be effectively served by the COUNTY upon the CITY when addressed to the City of Miani and nailed to the City Manager of Miami, 3500 Pan American Drive, Miami, Florida 33133. Notice shall be effectively served by the CITY upon the COUNTY when addressed to the Director of the Dade County General Services Administration, 16th Floor, 140 'lest Flagler Street, Mimi, Florida 33130, with copy to the County Manager and ;nailed to the Dade County Courthouse, 73 West Flagler Street, iliami, Florida 33130. ARTICLE XI:' RIGHT OF Et;TRY B" Till- CITY TbQ CITY, or airy of i is agonts, shal 1 have the right to enter the �tj jif tjr,.mi sed pro-mi ses duri nd all reasonable ►ror kincg hours to exanioe the Same. periodically, during th�2 tome of this Lease. Said right of entry al^o exists for th-! purposes of surveying, testing, or other activities necvssit-rtod by the LIU or its agents or its employees for the purpose of �. future dovel opment of the prcmi ses, DOCUMENTS 5 F 0 LLOW" the CO,;`1TY and the CITY have caused this L sl 3 � i i-�i ir' t�iLit�a��i 1f�`' � �Ps�r '� �Y(t✓'� !�' iuit� ��{di;tf{l i� m�t� i � � x ' i j' Y ,'. 1 �s f r a �jii ?➢ A '� k i .f u 4 3 x 4 i k t! t t a 3 E r. sa i -I i 's fl it y` to �{ t ��t��U�rf�t f 1 s r� S r a to r' ✓ i �. 1 z �j a a,k �� y �f 5. fnv 1 t : i r i` 3 �r 3 7 1 t ti4 2 3 1 f T� 4 cn i 1 L1 �..li � 1 6