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Home My WebLink AboutR-78-0117RFG/rb 2/1/78 RESOLUTION NO. 7 8 ... 1 1 w A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED AGREEMENT WITH DADE COUNTY: FLORIDA, FOR THE RENTAL OF SPACE IN THE MUNICIPAL JUSTICE BUILDING, IN ACCORDANCE WITH THE TERMS AND CONDITIONS CONTAINED THEREIN. BE tT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA! Section 1. The City Manager is hereby authorized to execute the attached agreement with Dade County, Florida, for the rental of the space in the Municipal Justice Building, in accordance with the terms and conditions contained therein. PASSED AND ADOPTED this 23 day of February 1978. ATTEST: ONGIE, CITY CLE PREPARED AND APPROVED BY: / ROBERT F. CLARK, ASSISTANT CITY ATTORNEY Maurice A. Ferre MAURICE A. FERRE, MAYO R VED AS TO FOR AND .ORRECTN GEORfj F. KNOX, JR., 'ITY CLERK "DOCUMENJ, INDEX ITEM NO "SUPPORTIVE DOCUMENTS 1 v i,. i._ v W 1 is CITY COMMISSION MEETING OF FE 231978 11•11IIU IiilIlIAl 11 .4100,1 ,lciesph it. Gtassie City Manager W. Parkins, Director ,Citizen Services Department February 10) 1978 Criminal Justice Planning Unit • Attached you will find the lease agreement between the City of Miami This agreement calls for 2,850 square feet at $5.90 per square feet per year for a total rental of $16,815.00. and the Dade -Miami Criminal Justice Planning Unit. As you are aware, the City of Miami has entered into a joint agree- ment with the Planning Unit for City participation in the Criminal Justice Planning Council. The Criminal Justice Planning Unit has completed their move and are now located in the rear of the Municipal Justice Building. The terms of the lease include your requested items but, certain provisions may have been added since earlier negotiation. Consequently, we have forwarded a copy to Ed Cox in order to determine total cost to us. Those provisions that will create new -or added -costs, beyond that originally discussed, will be reviewed with Criminal Justice Planning Unit. This item was originally scheduled for the City Commission Agenda for February 9, 1978 but was with drawn until it could be passed by the County Commission. The item will be placed on the County Commission Agenda on February 21, 1978 and I request that it be placed on the City Commission Agenda for February 23, 1978. RWP/RCL/slm cc: Richard Leonar.di Assistant to the Director Citizen Services Department "SUPPORTIVE DOCUMENTS FOLLOW." LEASE AGREEMENT THIS LEASE AGREEMENT, made on the day of •! 1 197 , by and between the City of Miami, a Municipal Corporation of the State ER of Florida, hereinafter called the "Landlord", and DADE COUNTY, a political 1 subdivision of the State of Florida, hereinafter called the "Tenant", WITNESSETH: That the Landlord, for and in consideration of the restrictions and covenants herein contained, hereby leases to the Tenant, and the Tenant hereby agrees to hire from the Landlord, the premises described as follows: 2,850 square feet of office space on the first floor of the Municipal Justice Building located at 1145 N.W. 12 Avenue, Miami TO HAVE AND TO HOLD unto the said Tenant for a term of one (1) year commencing January 6, 1978, and terminating January 5, 1979, for and at a total rental of Sixteen Thousand Eight Hundred Fifteen and no/100 ($16,815.00) Dollars, payable in equal monthly installments of One Thousand Four Hundred One and 25/100 ($1,401.25) Dollars, payable in advance on the first day of every month to City of Miami, Dinner Key, Miami, Florida, or at such other place and to such other person as the Landlord may from time to time designate in writing. The rent for the months of January, 1978 and January, 1979, shall be prorated. HERETO: IT IS FURTHER MUTUALLY UNDERSTOOD AND AGREED BY THE RESPECTIVE PARTIES ARTICLE I USE OF DEMISED PREMISES The area of the demised premises shall be used by the Tenant for the performance of County business by County departments, agencies and authorities and for the performance of work incidental thereto, which will necessarily entail services performed for the general public. ; ; ' 1. 1 r� �.f OLLu ARTICLE II CONDITION OF, PREMISES The Landlord, at its own expense, shall cause the demised premises to be in a state of good repair and suitable for usage by the Tenant at the commencement of this Lease. Subject to the above, the Tenant hereby accepts the premises in the condition they are in at the beginning of this Lease. ARTICLE III UTILITIES The Landlord, during the term hereof, shall pay all charges for water and electricity used by the Tenant. ARTICLE IV MAINTENANCE The Landlord agrees to maintain and keep in good repair, condition and appearance, during the term of this Lease, or of any extension or renewal thereof, the exterior of the building, and the following: 1. Roof 2. Landscaping 3. All plumbing and electrical lines, interior and exterior 4. Sewers or septic tanks 5. Air-condition and heating equipment 6. Parking area and drains 7. Janitorial Service Upon failure of the Landlord to effect repairs, pursuant to this Lease, after thirty (30) days written notification to do so by the Tenant, the Tenant may cause the repairs to be made and deduct their cost from the rental payments due and to become due until in each instance the Tenant has fully recovered such costs in accordance with audited costs of repair furnished by the Tenant to the Landlord. -_ , ,RT I CL E V ' LTER.\Y O'1S uY TENANT The Tenant may make reasonable non-structural alterations, additions or improvements in or to the premises without the written consent of the Landlord. All additions, fixtures, or improvements, except but not limited to store and office furniture and fixtures which are readily removable without injury to the premises, shall be and remain a part of the premises at the expiration of this Lease. Subject to the above, any carpeting and removable partitions installed by the Tenant within the demised premises shall remain the Tenant's property and may be removed by the Tenant upon the expiration of the Lease Agreement or any renewal or cancellation thereof. ARTICLE VI DESTRUCTION OF PREMISES In the event the demised premises should be destroyed or so damaged by fire, windstorm, or other casualty to the extent that the demised premises are rendered untenantable or unfit for the purpose of the Tenant, either party may cancel this Lease by the giving of written notice to the other; however, if neither party shall exercise the foregoing right of cancellation within thirty {30) days after the date of such destruction or damage, the Landlord shall cause the building and demised premises to be repaired and placed in good condition as 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 casualq: 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 not be liable for rent during such period of time as the premises shall be totally untenantable by reason of fire, windstorm, or other casualty. ARTICLE VII ASSIGNMENT Without the written consent of Landlord first obtained in each case, the Tenant shall not sublet, assign, transfer, mortgage, pledge, or dispose of this Lease or the term hereof, "SUPPORTIVE DOCUR"ENTS FOL,LOWI? ARTICLE Vttt N0.LIABILITY .FOR _PERSONAL PROPERTY All personal property placed or moved in the premises above described shall be at the risk of Tenant or the owner thereof. The Landlord shall not be liable to Tenant for any damage to said personal property unless caused by or due to negligence of Landlord, Landlord's agents, or employees, ARTICLE IX SIGNS Exterior signs will be of the design and form of letter to be first approved by the Landlord, the cost of painting to be paid by the Tenant. All signs shall be removed by Tenant at termination of this Lease and any damage or unsightly condition caused to building because of or due to said signs shall be satisfactorily corrected or repaired by Tenant. ARTICLE X LANDLORD'S RIGHT OF ENTRY Landlord, or any of its agents, shall have the right to enter said premises during all reasonable working hours to examine the same or to make such repairs, additions, or alterations as may be deemed necessary for the safety, comfort, or preservation thereof of said building, or to exhibit said premises and to put or keep upon the doors or windows thereof a notice "FOR RENT" at any time within thirty (30) days before the expiration of this Lease. Said right of entry shall likewise exist for the purpose of removing placards, signs, fixtures, ad.terations, or additions which do not conform to this Agreement. ARTICLE XI LIABILITY FOR DAMAGE OR INJURY The Landlord shall not be liable for any damage or injury which may be sustained by the Tenant or any persons on the demised premises, other than damage or injury resulting from the carelessness, negligence, or improper conduct on the part of the Landlord, its agents, or employees, or failure of the Landlord to perform its covenants under this Lease Agreement, ARTICLE XII PEACEFUL POSSESSION Subject to the terms, conditions, and covenants of this Lease, Landlord agrees that Tenant shall and nay peaceably have, hold and enjoy the premises above described, without hindrance or molestation by Landlord. ARTICLE Xltt SURRENDER or PREMISES Tenant agrees to surrender to Landlord, at the end of the term of this Lease or any extension thereof, said leased premises in as good condition as said premises were at the beginning of the term of this Lease, ordinary wear and tear, and damage by fire and windstorm or other Acts of God, excepted. ARTICLE XIV INDEMNIFICATION AND HOLD HARMLESS The Tenant does hereby agree to indemnify and save the Landlord harmless from any and all claims, liability, losses and causes of action which may arise out of this Lease Agreement, or the Tenant's activities in the demised premises. The Tenant shall pay all claims and losses of any nature whatsoever in connection therewith, and shall defend all suits, in the name of the Landlord when applicable, and shall pay all costs and judgments which may issue thereon. However, nothing in this section shall indemnify the'Landlord for any liability or claim arising out of the performance required of the Landlord under this Lease Agreement or from Landlord's negligence. ARTICLE XV SUCCESSORS IN INTEREST It is hereby covenanted and agreed between the parties hereto that all covenants, conditions, agreements and undertakings contained in this Lease shall extend to and be binding on the respective successors and assigns of the respective parties hereto, the same as if they were in every case named and expressed, 'SUPPORT"liZe DOCUMENTS OLLQW' ARTICLE XVI SUBORDINATION The tenant covenants that this Lease is and at all times shall be subject and subordinate to the lien of any mortgages now existing or which the Landlord or any subsequent owner of the demised premises shall make covering said demised premises or the building of which said premises are a part, and to any and all advances made or to be made under said mortgage or mortgages and'to the interest thereon. ARTICLE XVII OPTION TO RENEW Provided this Lease is not otherwise in default, the Tenant is hereby granted the option to extend this Lease for consecutive one (1) year renewal periods upon the same terms and conditions, except as hereinafter provided, by giving the Landlord notice in writing at least thirty (30) days prior to the expiration of this Lease or any extension thereof. ARTICLE XVIII CANCELLATION Either party, the Tenant through its County Manager or his designee, shall have the right to cancel this Lease Agreement at any time during a renewal period after January 6, 1980, by giving the other at least Ninety (90) days written notice prior to its effective date. ARTICLE XIX NOTICES It is understood and agreed between the parties hereto that written notice addressed to Tenant and mailed or delivered to the County Manager, Dade County Courthouse, Miami, Florida, shall constitute sufficient notice to the Tenant, and written notice addressed to Landlord and mailed or delivered to the address of the Landlord, City of Miami, Dinner Key, Miami, Florida, shall constitute sufficient notice to the Landlord, to comply with the terms of this Lease. Notices provided herein in this paragraph shall include all notices required in this Lease or require4 by law, Unit. ARTICLE XX ADDITIONAL PROVISIc lS the demised premises shall be used by the Dade County Criminal Justice The Landlord at its own expense agrees to provide the following: 1. Provide locks on three doors 2. Install solid doors to replace glass doors • 3. Install a better door in Reception Roorn 4. Install electrical outlets where necessary 5. Remove partitions 6. Repair electrical light fixtures 7. Replace broken and missing ceiling tiles 8. Make necessary repairs in bathrooms 9. Remove doors from safe 10. Seal off doors from property room 11. Install partition between waiting area and secretary area -•12. Construct office area adjacent to bathrooms 13. Remove existing counter —14. Reduce noise level made by elevator 15. Replace or repair all plumbing leaks 16. Entire interior to be painted white or beige (Tenant's choice) 17. Install wall-to-wall carpeting throughout (Tenant's choice of color) —18. Premises to be completely exterminated prior to the commencement of this Lease Agreement, and monthly service maintained during the term thereafter. Plans and specifications for the above repairs and alterations are on file in the Contracts and Leasing Office, General Services Administration, and in the Criminal Justice Planning Unit. The Landlord agrees to provide necessary parking during the term of this Lease for employees and visitors. ARTICLE XXI WRITTEN AGREEMENT This Lease contains the entire agreement between the parties hereto and all previous negotiations leading thereto, and it may be modified only by an agreement in writing signed and sealed by Landlord and Tenant. Ifl WITNESS WHEREOF, the Landlord and Tenant have caused this Lease Agreement to be executed by their respective and duly authorized officers the day and year first above written. �7r ATTEST: CITY OF t1IAMI4 A MUNICIPAL CORPORATION OF THE STATE OF FLORIDA City Clersk (CORPORATE SEAL) ( OFFICIAL SEAL) ATTEST; By: By: City Manager (Landlord) DADE COUNTY] FLORIDA BY ITS BOARD OF COUNTY COMMISSIONERS By: Deputy Clerk County Manager (Tenant) APPROVED AS TO FORM AND CORRECT GEORGE F. KNOX, JR. CITY ATTORNEY LEASE .AGREEMENT THIS LEASE AGREEMENT, made on the day of , 197 , by and between the City of Miami, a Municipal Corporation of the State of Florida, hereinafter called the "Landlord", and DADE COUNTY, a political subdivision of the State of Florida, hereinafter called the "Tenant", WITNESSETH: That the Landlord, for and in consideration of the restrictions and covenants herein contained, hereby leases to the Tenant, and the Tenant hereby agrees to hire from the Landlord, the premises described as follows: 2,850 square feet of office space on the first floor of the Municipal Justice Building located at 1145 N.W. 12 Avenue, Miami TO HAVE AND TO HOLD unto the said Tenant for a term of one (1) year commencing January 6, 1978, and terminating January 5, 1979, for and at a total rental of Sixteen Thousand Eight Hundred Fifteen and no/100 ($16,815.00) Dollars, payable in equal monthly installments of One Thousand Four Hundred One and 25/100 (51,401.25) Dollars, payable in advance on the first day of every month to City of Miami, Dinner Key, Miami, Florida, or at such other place and to such other person as the Landlord may from time to time designate in writing. The rent for the months of January, 1978 and January, 1979, shall be prorated. IT IS FURTHER MUTUALLY UNDERSTOOD AND AGREED BY THE RESPECTIVE PARTIES HERETO: ARTICLE I USE OF DEMISED PREMISES The area of the demised premises shall be used by the Tenant for the performance of County business by County departments, agencies and authorities and for the performance of work incidental thereto, which will necessarily entail services performed for the general pubic, i'SLIPPORTIVE ;j --. ARTICLE It CONotTtON OF PREMISES The Landlord, at its own expense, shall cause the demised premises to be in a state of good repair and suitable for usage by the Tenant at the commencement of this Lease. Subject to the above, the Tenant hereby accepts the premises in the condition they are in at the beginning of this Lease. ARTICLE tit UTILITIES The Landlord, during the term hereof, shall pay all charges for water and electricity used by the Tenant. ARTICLE TV MAINTENANCE • The Landlord agrees to maintain and keep in good repair, condition and appearance, during the term of this Lease, or of any extension or renewal thereof, the exterior of the building, and the following: 1. Roof 2. Landscaping 3. All plumbing and electrical lines, interior and exterior 4. Sewers or septic tanks 5. Air-condition and heating equipment 6. Parking area and drains 7. Janitorial Service Upon failure of the Landlord to effect repairs, pursuant to this Lease, after thirty (30) days written notification to do so by the Tenant, the Tenant may cause the repairs to be made and deduct their cost from the rental payments due and to become due until in each instance the Tenant has fully recovered such costs in accordance with audited costs of repair furnished by the Tenant to the Landlord. ARTICLE V LTERA (i0,`;S 0Y TENANT The tenant may make reasonable non-structural alterations, additiohs or improvements in or to the premises without the written consent of the Landlord, All additions, fixtures, or improvements, except but not limited to store and office furniture and fixtures which are readily removable without injury to the premises, shall be and remain a part of the premises at the expiration of this Lease, Subject to the :lbove, any carpeting and removable partitions installed by the Tenant within the demised premises shall remain the Tenant's property and may be removed by the Tenant upon the expiration of the Lease Agreement or any renewal or cancellation thereof. ARTICLE VI DESTRUCTION OF PREMISES In the event the demised premises should be destroyed or so damaged by fire, windstorm, or other casualty to the extent that the demised premises are rendered untenantable or unfit for the purpose of the Tenant, either party may cancel this Lease by the giving of written notice to the other; however, if neither party shall exercise the foregoing right of cancellation within thirty (30) days after the date of such destruction or damage, the Landlord shall cause the building and demised premises to be repaired and placed in good condition as 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 not be liable for rent during such period of time as the premises shall be totally untenantable by reason of fire, windstorm, or other casualty. ARTICLE VII ASSIGNMENT Without the written consent of Landlord first obtained in each case, the Tenant shall not sublet, assign, transfer, mortgage, pied9e, or dispose of this Lease or the term hereof, "SUPPORTIVE DOCUpjENTs FOLLOW" ARTICLE '/Itt NO LIABILITY_ FOR _PERSONAL PROPERTY All personal property placed or moved in the premises above described shall be at the risk of Tenant or the owner thereof, The Landlord shall not be liable to Tenant for any damage to said personal property unless caused by or due to negligence of Landlord, Landlord's agents, or employees. ARTICLE IX SIGNS Exterior signs will be of the design and form of letter to be first approved by the Landlord, the cost of painting to be paid by the Tenant. All signs shall be removed by Tenant at termination of this Lease and any damage or unsightly condition caused to building because of or due to said signs shall be satisfactorily corrected or repaired by Tenant. ARTICLE X LANDLORD'S RIGHT OF ENTRY Landlord, or any of its agents, shall have the right to enter said premises during all reasonable working hours to examine the same or to make such repairs, additions, or alterations as may be deemed necessary for the safety, comfort, or preservation thereof of said building, or to exhibit said premises and to put or keep upon the doors or windows thereof a notice "FOR RENT" at any time within thirty (30) days before the expiration of this Lease. Said right of entry shall likewise exist for the purpose of removing placards, signs, fixtures, ad.terations, or additions which do not conform to this Agreement. ARTICLE XI LIABILITY FOR DAMAGE OR INJURY The Landlord shall not be liable for any damage or injury which may be sustained by the Tenant or any persons on the demised premises, other than damage or injury resulting from the carelessness, negligence, or improper conduct on the part of the Landlord, its agents, or employees, or failure of the Landlord to perform its covenants under this Lease Agreement. r4',. ARTICLE XII PEACEFUL POSSESSION Subject to the terms, conditions, and covenants of this Lease, Landlord agrees that tenant shall and may peaceably have, hold and enjoy the premises above described, without hindrance or molestation by Landlord. ARTICLE Xttt SURRENDER or PREMISES Tenant agrees to surrender to Landlord, at the end of the term of this Lease or any extension thereof, said leased premises in as good condition as said premises were at the beginning of the term of this Lease, ordinary wear and tear, and damage by fire and windstorm or other Acts of God, excepted. ARTICLE XIV INDEMNIFICATION AND HOLD HARMLESS The Tenant does hereby agree to indemnify and save the Landlord harmless from any and all claims, liability, losses and causes of action which may arise out of this Lease Agreement, or the Tenant's activities in the demised premises. The Tenant shall pay all claims and losses of any nature whatsoever in connection therewith, and shall defend all suits, in the name of the Landlord when applicable, and shall pay all costs and judgments which may issue thereon. However, nothing in this section shall indemnify the.Landlord for any liability or claim arising out of the performance required of the Landlord under this Lease Agreement or from Landlord's negligence. ARTICLE XV SUCCESSORS IN INTEREST It is hereby covenanted and agreed between the parties hereto that all covenants, conditions, agreements and undertakings contained in this Lease shall extend to and be binding on the respective successors and assigns of the respective parties hereto, the same as if they were in every case named and expressed. SUPPr�,4rj1,� p0CU FOLLOW »fi�'� 1 ARTICLE XVI SUDORbMATION The Tenant covenants that this Lease is and at all times shall be subject and subordinate to the lien of any mortgages now existing or which the Landlord or any subsequent owner of the demised premises shall make covering said demised premises or the building of which said premises are a part, and to any and all advances made or to be made under said mortgage or mortgages and'to the interest thereon. ARTICLE XVII OPTION TO RENEW Provided this Lease is not otherwise in default, the Tenant is hereby granted the option to extend this Lease for consecutive one (1) year renewal periods upon the same terms and conditions, except as hereinafter provided, by giving the Landlord notice in writing at least thirty (30) days prior to the expiration of this Lease or any extension thereof. ARTICLE XVIII CANCELLATION Either party, the Tenant through its County Manager or his designee, shall have the right to cancel this Lease Agreement at any time during a renewal period after January 6, 1980, by giving the other at least Ninety (90) days written notice prior to its effective date. e. ARTICLE XIX NOTICES It is understood and agreed between the parties hereto that written notice addressed to Tenant and mailed or delivered to the County Manager, Dade County Courthouse, Miami, Florida, shall constitute sufficient notice to the Tenant, and written notice addressed to Landlord and mailed or delivered to the address of the Landlord, City of Miami, Dinner Key, Miami, Florida, shall constitute sufficient notice to the Landlord, to comply with the terms of this Lease. Notices provided herein in this paragraph shall include all notices required in this Lease or require4 by law. Unit. ►ARTICLE XX ADDI i tO"}AL f R(}VISIrIS The demised premises shall be used by the Dade County Criminal Justice The Landlord at its own expense agrees to provide the following: ' 1: Provide locks on three doors 2. Install solid doors to replace glass doors 3. Install a better door in Reception Room 4. Install electrical outlets where necessary 5. Remove partitions 6. Repair electrical light fixtures 7. Replace broken and missing ceiling tiles 8. t'take necessary repairs in bathrooms 9. Remove doors from safe 10. Seal off doors from property room 11. Install partition between waiting area and secretary area --12. Construct office area adjacent to bathrooms 13. Remove existing counter y14. Reduce noise level made by elevator 15. Replace or repair all plumbing leaks 16. Entire interior to be painted white or beige (Tenant's choice) 17. Install wall-to-wall carpeting throughout (Tenant's choice of color) —18. Premises to be completely exterminated prior to the commencement of this Lease Agreement, and monthly service maintained during the term thereafter. Plans and specifications for the above repairs and alterations are on file in the Contracts and Leasing Office, General Services Administration, and in the Criminal Justice Planning Unit. The Landlord agrees to provide necessary parking during the term of this Lease for employees and visitors. ARTICLE XXI WRITTEN AGREEMENT This Lease contains the entire agreement between the parties hereto and all previous negotiations leading thereto, and it may be modified only by an agreement in writing signed and sealed by Landlord and Tenant. IN WITNESS WHEREOF, the Landlord and Tenant have caused this Lease Agreement to be executed by their respective and duly authorized officers the day and year first above written. R '7 ATTEST: CttY OF MIAMI, A MUFatCIPAL CORPORATIOn of THE STATE OP FLORtDA City Clerk (CORPORATE SEAL) ( OFFICIAL SEAL) ATTEST: By: City Manager (Landlord) DADE COUNTY, FLORIDA BY ITS BOARD OF COUNTY COMMISSIONERS Dy: By: Deputy Clerk County Manager (Tenant) APPROVED AS TO FORM AND CORRECT' GEORGE F. KNOX, JR. CITY ATTORNEY