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HomeMy WebLinkAboutPre Lease Agreement/?-//2o-90 LEASE AGREEMENT THIS LEASE AGREEMENT, made and entered this l 6 day of , 1990, by and between CITY OF MIAMI, a municipal corporation of the State of Florida (hereinafter called the "LESSOR"), and METROPOLITAN DADE COUNTY, a municipal corporation of the State of Florida (hereinafter called the "LESSEE"). I. PREMISES TO BE LEASED That the LESSOR, for and in consideration of the mutual covenants hereinafter contained, hereby leases to the LESSEE a portion of Henderson Park, located at 971 N.W. Second Street, Miami, Florida, as illustrated in the attached Exhibit A, hereinafter called the "DEMISED PREMISES." Exhibit A is attached hereto and made a part hereof. II. TERM OF LEASE AGREEMENT The term of this Lease Agreement--steal-l---be--ewerty__(_2.0_)__y_ea.rs_,.____ commencing as of the first day of pL777-d Ld-2- , 1990 and terminating twenty (20) years later. III. USE OF PROPERTY The DEMISED PREMISES shall be limited to the area described and identified on Exhibit A attached hereto and made a part hereof. The DEMISED PREMISES shall be used by LESSEE for the WHEN RN L, - REVIEW, PLL,,,c J, l sole and restricted purpose of construction and operation of a public health clinic. The construction of the clinic will be financedentirely by the Department of Health and Rehabilitative Services of the State of Florida. The LESSEE will have sole responsibility for the maintenance and operation of the constructed clinic and LESSEE'S failure to maintain and operate the DEMISED PREMISES for the entire lease period will result in termination of the Lease Agreement. The clinic shall offer primary health care services for the entire lease period. IV. CONSIDERATION LESSEE does hereby covenant and agree to pay LESSOR as consideration for the use of the DEMISED PREMISES throughout the term of this Lease Agreement and any renewal thereof, the sum of One Dollar ($1.00) per year in advance, beginning on the date hereof and on the anniversary date of each and every year thereafter. V. CITY'S RIGHT OF ENTRY LESSEE agrees to permfE LESSOR'S City Manager or -his designee to enter upon the DEMISED PREMISES during all reasonable working hours for any purpose LESSOR deems necessary to, incident to, or connected with the performance of LESSOR'S duties and obligations hereunder or in the exercise of its rights and functions, provided LESSOR does not unreasonably interfere with or unduly burden LESSEE'S operations. 2 VI. IMPROVEMENTS LESSEE agrees that no construction, repairs, alterations or improvements may be undertaken by it upon the DEMISED PREMISES unless the plans: I. Be first submitted to LESSOR'S General Services Administration Department for presentation and review by all departments and offices with jurisdiction. 2. Specific plans of construction, with square footage involved, be approved by the Miami City Manager. 3. Be in compliance with all written State, Dade County and City of Miami rules, regulations and zoning requirements. Such improvements are to be at the sole cost and expense of LESSEE. Upon completion of construction, copies of the paid invoices, receipts and other such documents shall be submitted to LESSOR by LESSEE and shall be considered as having been incorporated herein and attached hereto for proof thereof. Upon the termination, cancellation or expiration of this Lease Agreement or any extension thereof, all permanent -improvements, in their then existing conditions, shall become the property of LESSOR without any compensation due LESSEE. LESSEE shall commence construction of said clinic 3 within 18 months of the execution of this Lease Agreement. Health services shall commence within six months of the completion of construction. Said 18 month deadline may be extended by City Commission approval, which shall not be unreasonably withheld. VII. LAWS APPLICABLE LESSEE accepts this Lease Agreement and hereby acknowledges that LESSEE'S compliance with all laws of the State of Florida, Ordinances of the City of Miami and Dade County, Florida, pertaining to the operations and maintenance of the DEMISED PREMISES, including but not limited to building codes and zoning restrictions, is a condition of this Lease Agreement, and LESSEE shall comply therewith as the same presently exist and as they may be amended hereafter. VIII. UTILITIES Unless otherwise provided herein, LESSEE shall provide all utilities, including but not limited to, electricity, water, gas, garbage and sewage disposal. IX. INDEMNIFICATION To the extent permitted by §768.28, Florida Statutes (1989), LESSEE covenants and agrees that it shall indemnify, hold harmless and defend LESSOR from and against any and all claims, suits, actions, damages or causes of action arising during, the term of this Lease Agreement from any personal injury, loss of 4 life or damage to property sustained in or about the DEMISED PREMISES. X. MAINTENANCE AND MANAGEMENT OF LEASED PROPERTIES LESSEE shall provide and have sole responsibility for the maintenance and management of the DEMISED PREMISES for the entire lease period. XI. ASSIGNMENT AND SUBLETTING OF PREMISES LESSEE shall not, at any time during the term of this Lease Agreement, sublet any part of the DEMISED PREMISES, or assign this Lease Agreement or any portion or part thereof, except by written authorization granted by the Miami City Manager to LESSEE, after approval by the Miami City Commission and only to another governmental agency. XII. SUCCESSORS AND ASSIGNS This Lease Agreement shall be binding upon the parties herein, their heirs, executors, legal representative successors and assigns. XIII. ADVERTISING LESSEE shall not permit any signs or advertising matter to be placed on portion of the DEMISED PREMISES except with prior written approval of the Miami City Manager or his designee, which approval shall not be unreasonable withheld. 5 XIV. NOTICE AND GENERAL CONDITIONS A. All notices or other communications which shall or may be given pursuant to this Lease Agreement shall be in writing and shall be delivered by personal service or by registered mail addressed to the parties at their respective addresses indicated below or as the same may be changed in writing from time to time. Such notice shall be deemed given on the day on which personally served, or, if by mail, on the fifth day after being posted or the date of actual receipt, whichever is earlier. NOTICE TO LESSOR: NOTICE TO LESSEE: CITY OF MIAMI City Manager P. 0. Box 33133-0708 Miami, Florida 33133 METROPOLITAN DADE COUNTY County Manager 111 N.W. First Street Miami, Florida 33128 B. Title and paragraph headings are for convenient reference and are not intended to confer any rights or obligations upon fhe parties or this Lease Agreement —--------- XV. SPECIAL ASSESSMENTS OR TAXING DISTRICTS Any and all charged, taxes, or assessments, levied against the DEMISED PREMISES shall be paid by LESSEE. 6 XVI. SURRENDER OF PREMISES Upon termination of this Lease Agreement by lapse of time or otherwise, LESSEE shall promptly and peacefully surrender and deliver possession of the DEMISED PREMISES to LESSOR including any improvements made thereon. XVII. AFFIRMATIVE ACTION LESSEE shall have in place an Affirmative Action/Equal Employment Opportunity Policy and shall institute a plan for its achievement which will require that action be taken to provide equal opportunity in hiring and promoting for women, minorities, the handicapped, and Vietnam -era veterans. Such plan will include a set of positive measures which will be taken to insure nondiscrimination in the work place as it relates to hiring, firing, training and promotion. Inlieu of such a policy/plan, LESSEE shall submit a State of Assurance indicating that their business is in compliance with all relevant Civil Rights laws and regulations. XVIII7— TNTENTIONALLY•DELETED XIX. NONDISCRIMINATION LESSEE, agrees that there will be no discrimination against any person based upon race, color, sex, religious creed, ancestry, national origin, mental or physical handicap, in the use of the DEMISED PREMISES and 'improvements thereof. It is expressly understood that upon a determination by a court of 7 competent jurisdiction that discrimination has occurred, LESSOR shall have the right to terminate this Lease Agreement. XX. AMENDMENTS LESSOR and LESSEE, by mutual agreement, shall have the right but not the obligation to amend this Lease Agreement. Such amendments shall be effective only.when signed by both LESSOR and LESSEE shall be incorporated as a part of this base Agreement, and approved by the Board of County Commissioners and the City Commission. XXI. AWARD OF AGREEMENT LESSEE and LESSOR warrant that they have not employed or retained any person employed by LESSOR or LESSEE to solicit or secure this Lease Agreement and that they have not offered to pay, paid, or agreed to pay any person employed by LESSOR or LESSEE any fee, commission, percentage, brokerage fee, or gift of any kind contingent upon or resulting from the award of this Lease Agreement. XXII. CONFLICT OF INTEREST To the best of •their knowledge and belief, LESSOR AND LESSEE both state that no person under their employ who presently exercises any functions or responsibilities in connection with this Lease agreement has any personal financial interest, direct or indirect, in this Lease Agreement. 8 XXIII. CONSTRUCTION OF AGREEMENT This Lease Agreement shall be construed and enforced according to the Laws of the State of Florida. XXIV. SEVERABILITY In the event any paragraph, clause or sentence of this Lease Agreement or any future amendment is declared invalid by a court of competent jurisdiction, such paragraph, clause or sentence shall be stricken from the subject Lease Agreement and the balance of the Lease Agreement shall not be affected by the deletion thereof. XXV. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS Both parties hereby agree that they shall comply with all applicable laws, ordinances and codes of Federal, State and Local Governments as they apply to this Lease Agreement. XXVI. WAIVER No waiver of any provision hereof shall be deemed to have been made unless such waiver be in writing and signed by LESSOR or LESSEE. The failure of either party to insist upon the strict performance of any of the provisions or conditions of this Lease Agreement shall not be construed as waiving or relinquishing in the future any such covenants or conditions but the same shall continue and remain in full force and effect. XXVII. DEFAULT PROVISION LESSOR shall provide LESSEE with written notice of any failure to perform or comply with the terms and conditions contained herein to be performed by LESSEE. If LESSEE fails to cure said default within a ten day period of time, said failure will result in the automatic termination of this Lease Agreement. XXVIII. ENTIRE AGREEMENT This Lease. Agreement represents the total agreement between the parties. All other prior agreements regarding the DEMISED PREMISES between the parties, either verbal or written, are superseded by this Lease Agreement and are therefore no longer valid. IN WITNESS WHEREOF, the parties hereto have individually, through their proper officials, executed this Lease Agreement the day and year first hereinabove written. THE CITY OF MIAMI, FLORIDA METROPOLITAN DADE COUNTY a municipal corporation of a municipal corporation of the State of Florida the State of Florida By: CESAR H. ODIO CITY MANAGER 10 IN AVINO, P.E. I P.L.S. Y MANAGER ATTEST: ATTEST: TONY COTARELO, CLERK By APPROVED AS TO FORM AND CORRECTNESS: /t/MAT �� IRAI , CI Y .. „k CO4 .CEP CLERK � DA tP'. EAL) ;� � I��, (T a„f Oa U r h7 . NIOr ��,• '*7•. 'ROV, AS TO FORM AND COR'1Z CTNESS : By: 0'G F RNANDEZ / Rp:i T G SBURG CITY ATTORNEY C UNTY A ORNEY APPROVED AS TO INSURANCE REQUIREMENTS: INSURANCE COORDINATOR 11 EXHIBIT A LEGAL DESCRIPTION OF PROPOSED LEASE TO DADE COUNTY AT HENDERSON PARK Lot 7 less the East 10 feet, Lots 8 and 9, Lot 10 less the West 25 feet and Lot 14 less the East 10 feet and less the South 10 feet, Lots 12 and 13 less the South 10 feet, Lot 11 less the West 25 feet and less the South 10 feet thereof, all in Block G, of "Riverview", according to the Plat thereof, as recorded in Plat Book 5 at Page 43 of the Public Records of Dade County, Florida. Containing 1.10 acre more or less.