Loading...
HomeMy WebLinkAboutBack-Up DocumentstENiFt..&;REUMFITT THIS AGREEMENT made and entered into this day of 19 , by ard hetween,CATE COUNTY, aspolitical subdivision of the State of .Florida, herein sometimes designator: or referred to as the "LANEIJORD" and THE CITY CF MIAMI, hereinafter referred to as the 7rmArrr, WITNESSET Hs - , That the LANDLORD, for and in consideration of the restrictions and. covenants herein contained, hereby leases bathe TENANT and the TNT hereby agrees to hire from the LANDLORD, the premises described as follows:. Approximately 400 square feet of space on the thirtieth (30) floor Transmitter Room and installation of the following equipment on the roof: Five (5) Radio Antennae and two (2) Microwave Dish Antennae, at the Metro -Dade Center, 111 N.W. First Street, Miami.; TO HAVE AND TD HOLD unto the said TENNT for a term of tvo (2) years, connencirg upon start of installation and terminating two (2) fears• hence, for aril at a total rental of Nineteen lbousani, Eight Hundred and No/100 . (S19,800.00) Dollars, payable in equal monthly installments of Eight Hundred Twenty -Five and No/100 (S825.00) nolLits, payable in advance:on the first day of evety month at General Setvices Administration, 111 N.W. First Street, Suite 2210, Miami, Florida 33128, or at such other place and to Such other person as the LANOLoRD may from time tt: time designate in writimg. IT IS FURTHER MUTUALLY UNIERSTUP AND AGREED.BY THE RESPECTIVE PARTIES IMMO: *aim USE OF DFAISED PRENISFS The ates of the demised premises shall he used by the.TFAANT for installation of communications equipment for the City of Mini. ?.:cx 108 rc 754 • ARCILti IT CONDITION Of PREMISES The TENANT hereby accepts the premises in the condition they are in at the beginning of this Lease. ' ARTICLE III ITTILITIES AND CUSTODIAL SERVICES The LANDLORD, during the term hereof, shall pay all chatr,es for water; electricity, janitorial setvit:es and trash pickup. ARTTcik: IV MAI ttThANC.'E The LANDLORD agrees to maintain and keep in good repair, condition and appearance, durirg the teem of this I,ease.or any ektension or renewal thereof, the exterior of the building.'.. The TENANT shall be responsible for maintenance.of Tf?IANT's a n equipment within the demised area. • ARTICLE v AI.TER1TUxts BY TENANT The TFTi4VT may not make reasonable rnn-sttuctural alterations, additions or rrrpr.'ements in of to the ptenis.as+ without the written con+ent of the LANDLORD. All additions, fixtures or improvements (except tut not limited to store ani office furniture ant fixtures which are readily removable without injury to the premises) shall to ani remain a part of the premises at the expiration of this Lease. Subject to the etxNe, any catpetinl and removable pattltions installed try the TFNiVT within the demised premises shall remain the TFNANT's property ant may te removed by the TtMNT upon the exptration of the Least Agreement of any renewal or cancellation thereof. :�.108 rc 755 - 2 ARricu: VI ITSTROCCI(N OF PREMISES In the event the demised premises should beidestroyed or so damaged by fire, windstorm or other casualty to the extent that the demised premises are rendered untenantable ov unfit for the purpose of theretwa, either party may cancel this Lease by the giving of written notice to the other, however, if neither party shall exetcise the formoinuright of cancellation within thirty (30) days after the date of such destruction or damage, the LANDLORD shall • . • cause the building and demieed premieos to be repaired and:placed.in good ' conditions soon as practical thereafter. In the event of cancellation, the TENANT shall be liable for 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 use and occupancy. The TENANT shall net he liable for rent duting such period of time as the premises shall be totally untenantable by reason of fire, ' windstotm or other casualty. ARTICLE VII . ASSIGNMENT Without the written consent of LANDLORD first obtained in each case, the TENANT shall not sublet, transfer, moitgaoe, pledge, or dispose of this Lease or the term hereof. •• ARTICLE VIII NO LIABILITY FOR PER9ONAL PROPERTY All petsonal propetty placed or moved in the premises above described and • its operating performance shall he at the risk of TENANT or the owner thereof. •'' The LANDWRO shall not he liable to TENANT for any damage to said personal propetty or operational failure unless caused by ov die to negligence of LANDLORD, LANDLORD's agents or employeus. 108 N 756 - 3 - LANd77 ��.lR1tI�AIZ(�t x 1�s.Rh Iof errnlY LANDLORD, or any of its agents, shall have the' right to enter said prt3nises durirg all reasonable workirg hours to examine the same or to make such repairs, additions or alterations as may be'decmed necessary for the safety, canfott or preservation thereof of said buildin g. Said right of entry shall likewise exist for the purpose of re nvirtg placards, signs, fixtures, alterations or additions which do riot confotm to this Agreement. ARTICLE X PEACEFUL POC,S SSICN Subject to the terms, conditions and Cwenantsof'this Lease, IANt:.+ORD agrees that TINT shall and may peaceably have, hold arri enjoy the premises abate described, without hindrance or molestation by LANDLORD. ARTICLE: XI SURRENDER ()F PRFTIISFS TENAErr agrees to surrender to IANfX.ORD, at the end of the term of this Lease of any extension thereof, said leased pienises in as good condition as said premises were at the ateinninj of the tetm of this Lease, ortlinaty,wear and tear, ant damage ty rite and winlstotm or other Acts of Grid, excepted. ARTICLE: XII 1NW/4E11EICATI(14 AND HOLD l{AlirII.ESS The TENANT hetity agrees -to indemnify ,tn1 save.' the County harmless fran any and all claims, liability, lasses and causes of actions which may arise as a result of this lease, unless such claim, liability, loss or cause of act ton • caused by or due to nog l irjence of IANlC )Ri), tANDLORO's ay nt s or employees. ARTICLE Xf I I LIABILITY Fort DAMAGE OR IKIURY The County shall riot be liable tot any damage or injury which may he sustained by any party or petsnns on the demised premises other than the damage or injuty caused solely by the negligence of County or its employees. - 4 - 1 AK%lC1:1•1, AIM SI/CCEStXMtS IN INTEREST It is heteby'covenanted ard agreed between the patties hereto that a1L' covenants, conditions, agreements and undertakings contained in this Lease shall extend to arcs be birdirtg on the respective successors and assigns of the respective patties hereto, the same as if they were in every case narred and • expressed. ARTICLE XV,.: CANCELLATII,I Either party, the CANTU:RD through its County Manager or designee, shall have the right to cancel this Lease Agreement at any time by giving the other at least 180 days written notice prior to its effective date. ARTICLE XVI OPTICA 'R') RENEW Provided this Lease is not o thett:ise in default, the TENANT is hereby granted the eptton to extend this Lase for'successise one (1) year renewal' perirxis upon the sere tetms and conditions, except for increases in building operation costs Which will. ter pass.d through to the TENNT as additional tent, by givirt3 the LANDLORD notice in writing -at least sixty (60) days prior•to the expiration of this Lease or any extension thereof. ARTICLE XVII K3TICFS It is unletstoxd and &)real letween the parties hereto that written notice addressed to LANIrU)RD and mailed of delivered to the Director, General Services Adntnisttation, 111 N.N. Hirst Street, Suite 2210, Miami, Florida 33128, shall constitute suf t ic tent tot Ice to t he IANDWit1), and written notice addressed to TENANT am mailed or. delivered to the.aldvess of TENANT at P.O. Box 330708, Miami, Florida 33133, shall constitute sufficient notice to the TENANT, to comply with the tetras of this Lease. Notices provided herein in this paragraph shall include all notices required in this Lease or required by law. Ai rlcti xv11I l Nti11RANCF. The TENANT wath ants:that they Ate self, irtsured. Although self insured; nnthtrty shall relieve the TENANT of its liability art obligations tinder this Section or under the Indemnification and Hold Harmless Article,, or any other portion of this Agreement, except to ,the extent provided by law. ARTICLE XIX PERMITS AND REX;<J ATIONS' TENANT ccwenants and agrees that dut-irg the term of this Lease, TENANT will obtain all necessaty petmits arcs approvals and that all uses of the demised premises will be in confoimtarce,with all applicable laws, ircludinj all appli= .cahle zonln7 regulatiors. ARTICLE: XX AIXII'r0 AL M%INISIOXNS 1. Mechanics', Materialmen's and Other Liens TENANT agrees that it will rc& permit any mechantca',"matetialmen's or . other liens to stared against the demised premises for work or materials futntshed TENANT, it beeinm pt 'Lied, however, that TENANT shall have the right • to content the validity of any ouch lien or claim, but. upon a final detetmtna- tton of the validity thereof, TENANT shall immediately pay an judgment or don ee• i enlere.cl a.ja i rtst. the TENANT, with all proper, costs and •charges, ant shall cause any sixth lien to to teleasod of record without cast to the County. 2. Non -Discrimination The Hoattl of County Ccmmissionet0 declared and established as a tmatter Of policy, by Resolution No. Rf,01 clat.?1 "larch 24, 19b4, that there shall be nn discrimination txtiwd on rate, color, creel or national origin In connection with any County Inopaity or factlities otkoatexl or maintained unckrt lease, license or other arlretment ftcm 11i,1e County ce its arjenctee. The TENANT agrees to comply with the intent of Resolution No. 9601 dated Match 24, 1964, ir^.:olvirrl the use, operation and maintenance of the property and facilities included in this Lease Agr•."nent. :`,.cR 198 K 759 - 6 Administration and must be vacated upon request of the County due to expansion 3. Cost of Transmitter Rom is. as tolls:'' ' * / 400 square fee.: of space at. SIR.00 per square foot which is equal to 67,200.00 par year or S600.00 per month. 4. Five (5) Roof TOp Antennae at $25.00 each par month which equals S125.00 per month or $1,500.00 pet year. 5. Two (2) Microwave Antennae at $50.00 each per month which equals $100.00 Per month or $1,200.00 per yeae. The combined total rental per year is -1, $9,900.00. 6. All rental space is subject to approval of Director of General Services needs, subject to provisions of Article XV. 7. All requested space will re.limited to 30th floor transmitter roam for transmitter equipment and the rfil* Mounting structures for an.ennae. Mice:wave antennae will be restricted to prnper structure as authorized and subject to the approval of the Director of General Setvices Alministration. Adherence to the folloairg rust be complied with: (a) All antenna installation must conform to all provisions of the South Florida Building Code as amended to date. (h) All antenna and equipment grounding shall condom to specifications of the National Electric Code and any. UL specifications for this location. . (c) That installation of any equipment shall contain to Installation Criteria as provided by Telecommunications Management Division which is attached as Exhihtt "A" and made a patt of thin lease. 8. Transmitter mom space will he open configuration. No partitiraning will be petmitted, unless pteviously apptived. Hattety requirements and U.P.S. equip- ment will be located within the 400 square. foot area designated., 9. Access to the transmitter trwan and toot will he tentricted. Access must be gainer: firm the security desk where petsonal identification will be exchanged for a buildirg I.D., catd. Admission to the transmitter tram and trx4 area will be by security, telecommunications or building staff escort. -179-8 rc 760 10. If rny,consttvction'is t'nquivml, the wot1f %i11 be contracted through the County's General Services Mini $t at}ontFalerty Management Division. Technical installation of equipment will,he handled through the �9 propel scitvice agency with plans approved by the Director of General Services Administration. ARTICLE XXI WRIPri AGREEMENT 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 .:he Board of County Carimissionets, IN WITNESS WHERELF, the LANEGORD'and TEliWr have caused this Lease Agree- ment to he executed bar their respective and duly authorized officers-the'day and year first above written. (OFFICIAL SEAL) ATTEST: Ralp G. Orrjie, City let* (OFFICIAL, SEAL) ATIFSr: P.ICKARD P. BRINKER, CLERK BY: Deputy Clerk APPROVED AS 11FORM & CORRECTNESS By: City Attorney CITY GF MIAMI BY: Settjto Pereira, City Manarler DAM COUNTY, FLIR I IYt RY ITS' HOARD ft' cUIJPlIY QMMIDs1(XJEPs By: M.R. Stiethetm, County Manager (LANDLORD) 198 Pc 761 • EXHIBIT "A" IDLSTAIJATItiN CRITERIA SITE: All Telecrmntnications Management Division (T.M.D.) Sites APPLICATION: All telecamunication equipment installed either in the designated telecommunications area or on the roof at the site. REASON: )4ETHOD: Because of, the large number of, radio transmitters and receivets to be installed in the area, it is imperative that the interference caused mainly by intetmodulation and crass modulation be kept to an absolute minimum. 1. Transmitters shall have: (a) an isolator with minimum isolation of 60 db. (b) a low pass filter with minimum attenuation of 60 db at second and third harmonics. (c) double shielded coax (RG9 type) used for all pigtail cables. (d) adequate grounding of both equip- ment and antenna approved by T.M.D. (e) cable rcutirt2 approved by T.H.D. 2. kecuivetg shall have: (a) harnipass cavities between the ' antenna and any "active" device. (b) adequate grounding and bonding approved by T.M.D. (c) cable matting approved by T.M.D. 3. General: The placement of any equipment, the mounting of any antenna, the electrical connect ton of any equipment shall have the prior approval of the Telecrmtuntcationr~ Manegietnent. Revision and, the Director of General Services Adt'ninistt at ion. Any equipment that causes any interference to other systems at the site shall be shut down until corrective action on the equipment is implemented. .Cr.r108 rc 762 0 00 oTtr April 4, 1985 Mr. Victor Monzon-Aquirre, Director General Services Administration 111 N. W. 1st Street, 22nd Floor Miami, Florida 33130 Dear Victor: This is to inform you of my consent to the elements of the Lease Agreement submitted by Dade County for the roof space at the Dade Aministration Building. I will forward this Lease through the proper channels for final approval by the City Commission. It will have my recommendation for adoption as presented.. As you are aware, I need to inform my contractor to commence installation of communications equipment in the space provided for in this lease. As we have verbally agreed, I will notify the contractor and my staffthat they can start this process. We will work through Mr. Rouse of your Property Management Division as you requested. Your cooperation in this matter is greatly appreciated. Sincerely yours, C. E. Cox Director 'APR 41935 s. 5 A DIRECTGR b Utilcf 1l'II0IN(, A StHIC I[ MAINTINANC't DIPAR )MINT 1)90 eS A Street/ P0. Aar Ul1'01/)t 3)1e)/ IXOSI 1714740 C 1 COX. Dueanr 1118 ec 763 SERGIO PEREIRA Cn, Manager August 7, 1985 Mr. Joe Sher, Real Estate Officer Dade County G.S.A. Contracts & Leasing Management Suite 2280 111 NW First Street Miami, Florida 33128-1988 Dear Mr. Sher: Re: Lease of Radio Tower at Metro -Dade Center We are returning the five (5) copies of the Lease Agreement for the above mentioned, duly signed by the City Manager, City Attorney and witnessed by the City Clerk, now ready for further processing by the County. Also attached is a copy of Resolution 85-730 authorizing this Lease Agreement. Yours tr},ly, Albert J. A>/::Iada Property & Lease Manager AJA: AMW :mg er.c. P°"1711/ AUC 12 19$5 CONTRACTS & LEASING FINANCE DEPARTMENT / Property Management, P 0 So, 13170E / Miami. Florida 33233.07oa / (VS) S79.631E :��R 198 pc 764 STATE OF FLORIDA SS: COUNTY OF MIAMI-DADE I, HARVEY RUVIN, Clerk of the Circuit and County Courts, in and for Miami - Dade County, Florida, and Ex-Officio Clerk of the Board of County Commissioners of said county, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of Resolution R-1107-85, adopted by the Board of County Commissioners, at its meeting of September 3, 1985, as appears of record. IN WITNESS WHEREOF, I have hereunto set my hand and official seal on this 12th day of December, A.D., 2006. HARVEY RUVIN, Clerk Board of County Commissioners Miami -Dade County, Florida By: Deputy Clerk Board of County Commissioners Miami -Dade County, Florida 3-85-661 W RESOLUTION N0. 8S-730, , A RESOLUTION'' UTHORpOING THE CITY MANAGER T0' ENTER 4NtO A LEASE AGREEMENT WITH DADE COUNTY, GENERAL SERVICES ADMINISTRATION, FOR LEASE OF SPACE ON THE THIRTIETH FLOOR AT THE METRO-DADE CENTER, LOCATED. AT 111 NW FIRST STREET, IN ACCORDANCE WITH THE TERMS AND CONDITIONS IN 'THE ATTACHED LEASE AGREEMENT. WHEREAS, Dade County, General Services Administration has available for lease approximately 400 square feet of space on the thirtieth floor Transmitter Room of the Metro -Dade Center at 111 NW First Street; and WHEREAS, the City of Miami needs the space to install 5 radio antennae and 2 microwave disk antennae to provide city-wide communication support; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The City Manager 1s hereby authorized to enter into a lease agreement with Dade County, General Services Administration, for lease of space on the thirtieth floor at the Metro -Dade Center, located at 111 NW First Street, in accordance with the terms and conditions in the attached lease agreement. PASSED AND ADOPTED this 18th day of July , 1985. Maurice A. Ferre NEST: — 2., ( RAL H G. ONGIE, CITY C PREPARED AND APPROVED BY: /CeL)' / /C ROBERT F. CLARK .DEPUTY CITY ATTORNEY APPROVE LI FORM AND CORRECTNESS: LUCIA A. DOUGH TY CITY ATTORNEY cR 108 N 765 MAURICE E. FERRE MAY:R CITY COMMISSION MEETII4G OF JUL 18 1945 M I AM I�DADE00,01411 Internal Services Director's Office 111 NW 1st Street • Suite 2130 Miami, Florida 33128 T 305-375-5893 F 305-372-6084 miamidade.gov CERTIFIED MAIL: # 7014-2120-0001-5156-9059 April 18, 2017 Mr. Daniel J. Alfonso, City Manager City of Miami Department of Real Estate and Asset Management 444 S.W. 2nd Avenue, 3rd Floor Miami, Florida 33130 RE: Renewal of Lease Agreement for the City of Miami for County -owned Property Located at the Stephen P. Clark Center (SPCC), 111 N.W. First St., Miami, FL, 30th floor, Specifically in the Transmitter Room and the Radio Antennae on the SPCC Roof Lease No. 01-4137-023-0020-L11 Dear Mr fonso;q,,rl Please be advised that pursuant to Article XVI, Option to Renew, of the above -referenced Lease Agreement entered into with Miami -Dade County (County), dated September 19, 2011, the County is hereby granting the option to renew this Lease for one (1) additional five (5) year period. The renewal period commenced on May 1, 2016, at an annual rental rate of $1.00. Please direct any correspondence related to this letter to Jose A. Galan, Director, Real Estate Development Division, Internal Services Department, and 111 N.W. First Street, Suite 2460, Miami, Florida 33128-1907. Sincerely, ara C. Smit Director c: Theresa Therilus, Assistant Director, ISD Juan Silva, Division Director, FUMD/ISD Jose A. Galan, Director, Real Estate Development Division, ISD Christopher Agrippa, Director, Clerk of the Board File