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Home My WebLink AboutR-80-0534RESOLUTION NO. 8 0- 5 3 4 A RFSOLUTION AUT90RIZI''Tq THE CITY MANAGT;p Tn 7r1TFR INTO A LFASF AGRFFMF"IT WTTH MFTROPOLITA.*1 DADF COT"ITY FOR A PORTION OF RLOr'K 955N, ACCORDI`IG '70 -11- PUT THFREOF, AS RF.CORDF'l I"J TTaT A.L. KNOWLTON MAP OE MIVIT, TN PLAT ROOK R, AT PAGE 41, OF -TiF PTJFI,Tr' CORD:' OF DAP! CO'W Y, FLORIDA; RFIPIG ADJACF"IT TO "SUPPORTIVE', "IFW An"�TNT�'^pA^Tnrr T�TJTL',T°iG, ". T r Tm -T?rn in u 1 TLT,J R A ^TJREACF PARKT"iri L07 r-'OR THAT rACI'.71W. DOCUMENTS" ,-!T rT,pr. Af , addition ll parking Is required for the Administration RuIllinr to nrovIde for employee and "tty of r Igr;i owne-i vehicles; and It! FVRrAc� ""„tropolitan Dade County 1^ willlnr? to enter into ,i 1F arm wre-,:-n`. for th- nort,ion o" the hlock on .0-lch the Admtnistrat- ion aril llrl it locate,i which 1� now (-,wnc>d ley the r'ount.,y; iT-PT,A^, n]I- ernnto nropert,y f'or the construction o" this surf•ice rarklni, lot, 1 unrr�ailabl:�. I() -7''PT I-r�T,,T T' IyT:', 1 m R'::iCI �Tr:.r� T� TT.TT: rnnnfnnTT(1", ("TTy TT1F ♦ , J Y ♦ . . 1 rT n r nr ?T A1 "T T,? n T-) A . ... , . _ RI ^h.,* the ''i ty he, and i s hereh,y, authorl7ei to ent(-r i n+.n Ft icrreemr'nt xri th ""etropol i t9m ')3de County for a nnrt ton r)" aloe". Or",-1ccor(11n7, to t.},e plat thereof, as recorded in thr 5.i.. Knovrlt.on M,gn of '"iami, to nlat hook li, at page 41, of the plah]_ic r000rdr of rounr,y, V"orida; as descrlhed In the attached "DOCUMENT INDEX ITEM NO " All') ADOPTFP '''hi.^ 10th day of Jul , 1990. 47 CT--�v "I,7DK I'P7T'AT,, r, rk,IT) AnnRn1!,,—, r3y: Ar r,t-i n t4v, lty ornfV MAURICE A. I'ERRE 1"AY nR A" TO T.,O T'1 n117\ C )RRFCTNF:SS ;eorrrPnoxit.,y Attorney CITY OMMISSION STING OF J U L 10 1980 ��80-5 34 M LEASE AGREEMENT THIS LEASE AGREEMENT made and entered into this day of , 19901 by and between Dade County, Florida, a political subdivision of the State of Florida, hereinafter referred to as the "County", and the City of Miami, a municipal corporation of the State of Florida, hereinafter referred to as the "City". W I T N E S S E T H: 149E REAa, Dade County is the owner of certain property in Dade County, Florida, located in Section 37, Township 53 South, Range 41 East, Dade County, Florida, hereinafter more particularly described; and WHEREAS, the County has acquired the below described pre- mises for a Downtown Government Center facility and such property is not anticipated to be needed for County purposes within the next twelve (12) months; and WHEREAS, the City of Miami has applied to the Dade County Board of County Commissioners to lease the land hereinafter described to it as sole tenant for the purpose of operating and maintaining a temporary surface parking lot; and WHEREAS, it is in the best community interest and welfare that the property be made available to the City of Miami, NOW, THEREFORE, under Authority of Section 125.38 F.S., and in consideration of the premises, and the covenants, conditions, limitat- ions and agreements herein contained, Dade County hereby leases to the City of Miami and the City hereby hires from the County the following described lands, together with the improvements thereon, situate, lying � "Wd being in Dade County, Florida, to wit: i� All that portion of Lots 1, 2, 3, 18, 19, 20 and the , --nsterly 9.6 feet of Lot 4 and the f�int•,rl.y 9.6 feet z of Lot 17 in 91ock 99N, according to the Plat thereof, LAJ Q an recordel in the A.L. KNO LION 'IAP Or MIA'11, in Plat Hook 9, nt Pay-e 41, of the Public Records of Oade County, Florida, containing; approximately 1.09 acres more or less. O U.V) Is § 80-534 subject, however, to all conditions, restrictions, limitations, reservations, and all easements and rights of way for public road purposes and public utilities. To Have and to Hold the same unto the said City for the term of up to five (5) years from the date of execution of this Agreement by both parties, with payment by the City of Miami on this lease arrangement at an annual rental of One Dollar (i1.00) per year, subject, however, to the conditions, covenants and agree- ments on the part of the City to be kept, observed and performed. THE PARTIES HERETO MUTUALLY COVENANT, WARRAT_', RFPRrSF*!T AND AGREE AS FOLLOWS: ARTICLE I TERM AND USE. The term of this Agreement shall be on a monthly basis commencing upon execution of this Agreement by both parties and for a term of five (5) years, and is cancellable by either party upon thirty (30) days written notice following the first eighteen (18) months. The County grants to the City the right to use the property for a temporary surface parking lot including paving, landscaping, drainage, paint striping and fencing to be provided by the City in conformance with City Code requirements for downtown parking facil- ities. The County shall have at its option the right to have the City remove all equipment, improvements, or additions to the premises at the expiration of this lease or any extension thereof. Any un- sightly condition caused the demised premises due to the use of the property by the City shall be satisfactorily corrected or repaired by the City. ,SUPPORTIVE ARTICLE II DOCUMENTS cOrmlTlora of PR!?"1T!!7S FOLLOW e City hereby accepts the demised premises in the condition they are at the beginning of this Lease and agrees to improve and keep said premises in good order. The City will, after July 5, 1990, re- move at its own cost any billboards vibich lie on the lemi �l property and be hell harmless for removal of such. Ohoul.i the rity 111sh to use P 80-534 the existing billbaf..rds or any part thereof, sCh use shall have prior written approval of the County Manager. ARTICLE III UTILITIES The City, during the term hereof, shall be obligated for and shall pay all charges for utilities in the premises covered by this Lease or for the cost of locating or relocating any utilities resulting from the City using or improving the property. ARTICLE IV ASSIGNMENT This Lease shall not be assigned nor shall the demised premises or any part thereof be sublet nor shall the City grant any license or sub -lease in respect to any of the improvements or facili- ties maintained, operated or located upon the demised premises, with- out prior written consent of the County Manager. "SUPPORTIVE ARTICLE V DOCUMENTS MAINTENANCE FOL Lowe The City shall keep and maintain the demised premises, in- cluding the landscaping provided as shown on Exhibit "A", and all facilities and equipment located thereon, in a state of good repair and clean condition at all times. The City shall supervise, control and maintain the demised premises and all facilities and equipment located thereon at all times during which the demised premises are open and available to the public. The City shall neither commit nor permit any violations of the laws, rules and regulations of the City of Miami, Dade County, State of Florida or the Federal government upon the demised premises. ARTICLE VI INDF.MINIFICATION AND HOLD HARMLESS The City hereby agrees to indemnify and save the County harmless from any and all claims, liability, losses and causes of action which may arise as a result of this Lease, solely to the limits of liability as outlined in F.S. 768.28, unless such claim, liability, loss or cause of action is the sole result of the County's negligence. 3 8 0 - 534 or ARTICLE VII NO LIABILITY FOR PERSONAL PROPERTY All personal property placed or moved in the demised premises shall be at the risk of the City. The County shall not be liable to the City for any damage to said personal property unless caused by or due to negligence of the County, the County's agents or employees. ARTICLE VIII LIABILITY FOR DAMAGE OR INJURY The County shall not be liable for any damage or injury which may be sustained by the City or any persons on the demised premises, after inspection and acceptance of the condition of the property by the City , other than damage or injury resulting solely from the carelessness, negligence, or improper conduct on the part of the County, its agents, or employees, or failure of, the County to perform its covenants under this Lease Agreement. ARTICLE IX INSURANCE Since the City is self insured for general liability a certificate of insurance cannot be issued nor can the County be named as an additional insured. The City agrees to defend all claims brought against the City or the County due to the City's use and occupancy of the demised premises. A certificate of insurance is attached showing coverage as afforded by FS 768.28, Waiver of Sovereign Immunity Law, which limits the liability of the City at $50,000 per claim, $100,000 per occurrence. "SUPPORTIVE DOCUMENTS FOLILOW 0 8U-.534 r e Compliance with the foregoing requirements shall not relieve the City of its liability and obligation under this section or under the Indemnification and Hold Harmless Article, or any other portion of this Agreement. ARTICLE X T?FATJLT If the City defaults in any of the City's undertakings in this Lease or fails to perform, abide by or comply with any of the conditions, covenants, provisions or agreements herein set forth, or if the City abandons the demised premises, then and in any such event, the County Manager may, upon ten (10) days written notice to the City, terminate this Lease and declare it cancelled. ARTICLE XI NOTICES All notices given under this Lease shall be in writing -and delivered by either certified or registered mail. Notice shall be effectively served by the County upon the City when addressed to the City of Miami and mailed 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 County Manager and mailed to the Dade County Courthouse, 73 '.Jest Flagler Street, Miami, Florida 33130. ARTICLE XII SURRENDER OF PREMISF3 The City agrees to surrender the demised premises at the end of the term of this Lease or upon any cancellation of this Lease as provided elsewhere in thi:; Agreement. Any challenge by the lessee to the cancellation of this Lease will be made only after surrender of the premix . "SUPPORTIVE . DOCUMEAI FOLLOW" . 80-534 13 Joseph R. Grassie City Manager M1 I OPIU, •- ,!gT-p.pFFfCE �.iSMORANOUM July 2, 1980 A nt with Dade k.• Glu ��. •�CGCZti•w- Donald W. ather Directors f Public Works Lease greeme County for Property East of Administration Building Lease Agreement, Resolution, Sketch The Department of Public Works recommends the adoption of a resolution authorizing the City Manager to enter into a Lease Agreement with METROPOLITAN DADE COUNTY to lease County -owned property adjacent to the Administration Building. Additional parking will be required for the Administration Building to provide for both employee and City of Miami -owned vehicles. Dade County is willing to lease to the City a parcel of property adjacent to the new Administration Building in order that the City may construct a temporary surface parking lot. The construction plan and lease agreement have been prepared by the City of Miami Department of Public Works with the concurrence of Metropolitan Dade County. DCB:vh 'SUPPORTIVE DOCUMENTS FOLLOW" 80-534 r T 'A Ctv :fit",tamt, c3fivrt i Office of Risk Management CERTIFICATE OF COVERAGE P.O. Box 330708 Miami, Florida 33133 CITY OF MIAMI , FLORIDA (305) 579-6058 FINANCE DFPARTMFNT DIVISION OF RISK MANAGEMENT 1. Name of Insured: City of Miami, Florida - All City of Miami executive Departments insured by the Risk Management Trust Fund, c/o Division of Risk Management, Department of Finance, P. 0. Box 330708, Miami, Florida 33133 2. This is to certify to Certificate Holder: (a) Effective date and time: that on the above date(s) the following described insurance coverages, issued by this Fund, pursuant to 768.28, Florida Statutes, are in full force and effect, subject to all terms, conditions, limitations and exclusions thereof. 3. Coverage General Liability 4. Limits of Liability $50,000 per claim 0 $100,000 per occurrence Limits of Liability are those limits specified in 768.28(5), F. S. This Certificate of Coverage neither affirmatively nor negatively amends, extends, or alters the coverage afforded by the coverage agreements indicated on this Certificate. JAMES Ee GUNDERSON Date Issued: " SUPPORTIVE DIRECTOR OF FINANCE JEG:DRS:nsm DOCUMENTS RM-107 FOLLOW 80-534