HomeMy WebLinkAboutR-77-0321RESOLUTION NO. ,11L. 1
A RESOLUTION AUTHORIZING AND DIRECTING
THE CITY MANAGER AND THE CiTY CLEAR TO
ENTER INTO A LEASE AGREEMENT BETWEEN THE
CITY OP MIAMI AND TI4E BOARD or COUNTY
COMMISSIONERS or DADE COUNTY. FLORIDA
PROVIDING POR THE YEAR TO YEAR LEASE OP
CERTAIN PREMISES AT MIAMI INTERNATIONAL
AIRPORT POR A PLANT NURSERY DESCRIBED
AND IN ACCORDANCE WITH THE TERMS AND
CONDITIONS CONTAINED IN THE ATTACHED
AGREEMENT.
WHEREAS, the City of Miami is desirous of establishing a
Tree Farm to supply plant materials for a beautification program for
the City's public rights -of -way; and
WHEREAS, Dade County has available twelve (12) acres of
land, more or less, located at Miami International Airport of excellent
nursery potential; and
WHEREAS, in lieu of cash rental, the City has agreed to
supply one-half (1) of all plant materials grown on the site to Dade
County;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION
OF THE CITY OF MIAMI, FLORIDA:
Section 1. The City Manager and the City Clerk be and they
are hereby authorized and directed to enter into a lease agreement between
the City of Miami and the Board of County Commissioners of Dade County
providing for the year to year lease of certain premises at Miami
International Airport for a Plant Nursery described and in accordance
with the terms and conditions contained in the attached agreement.
14SUPID
ORT !\/ E
DOCUI\Pr\r•-•-%
,
['off
. • ITEM NO.
CITY COMMISSION
MEETING OF
API'? 4 1977
ftESOIJ
Lca,
• 71. •1••••1••fr
PASSED AND ADOPTED this NTH _clay of _APRIL_
PREPARED AND APPROVED BY:
0-41 dea.4‘
.Assistant City Attorney
1977.
MAYOR.
APPROVED AS TO FORM AND CORRECTNESS:
George F. Knox, Jr.
City Attorney
"SL P
Z
1(._:,
Joseph R. Grassi
City Manager
/
lbert 1Dir&ctor
Department of Parks and Recreation
417 "
i ...t
I
March 28) 1977
'Free Farm
Enclosed is the recently negotiated Agreement with Dade
County to lease for $1. 00 a year, 12 acres of Miami
Inlernationa.1 Airport property located at N. U. 44th Avenue
and 12th Street. This site would be used for the Tree Farm
to be maintained by the City of Miami with plantings
available for the Airport. Once you have reviewed the
Agreement it should be forwarded to the Law Department
for their review and comment.
Dade County has requested that all proposed amendments
to the Agreement be substantiated by separate memorandum
and that the enclosed Agreement not be altered, but returned
to them for review and Final Draft. Once the Law Department
has completed their review, they should contact this
Department and .we will assume responsibility for expediting
return of the document, and any proposed changes, to Dade
County and conveyance of the Final Draft back to the City
Manager's Office.
In discussion with Mr. Rob Parkins, Director of Community
Affairs, I have been assured through CETA, that 8 persons
would be tn.lde available for the maintenance of the Tree Farm.
I have also been informed by Dena Spillman, Administrator,
Community Development, that Community Development Funds
would be available for the purchase of trees and shrubs to be
planted in the Community Development Target Areas. Ms.
Spillman is attempting to determine if monies can also be made
available for the mobile equipment which will be necessary to
operate the Tree Farm.
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FO OW"
77-! 3 /
2, 03 The Lessor may desiy;nate existing plant materials which
must be preserved in use of the premises. Materials so designated
will remain the property of the Lessor.
2,04 Ingress and egress from the premises .;Till only be
ptovi_dcd for along Nortivaest 12th Street,
ARTICLE 3
'se of Premises
3.01 Lessee shall use the premises leased herein for the
following purposes only:
Plant Nursery
ARTICLE 4
Rentals
4.01. (A) As annual rental for the premises described in
Article 2 herein, the Lessee shall pay to the Lessor, commencing
on the first day of March, 1977, the sum of ONE DOLLAR ($1. 00)
and other good and valuable considerations, as more particularly
described in Article 4 (B) hereof.
(3) In lieu of cash rentals, the Lessee agrees to supply
one-half (1-i) of all plant materials grown on the site to the Lessor.
Plant materials acceptable to Lessor in lieu of rental includes,
but is not limited to, those listed on Exhibit "B dated January 1,
1977, attached hereto and made a part hereof.
ARTICLE 5
Maintenance by Lessee
5.01 The Lessee shall at its sole cost and expense fence with
6 chain link plus l' barb wire 3 prong topping and keep the premises
clean and neat at all times,
5,02 The Lessee shall maintain and repair all damage to the
premises and the improvements constructed thereon during the term
of this Agreement,
5,03 The Lessee at its sole cost and expense shall remove
from the leasehold all trash and refuse of any nature whatsoever
which might accumulate on the premises from its use,
5,04 Thu Lessee at the end of the term shall quit and surrender
the lensed premises in a clu.“1 and neat condition acceptable to Lessor,
'SUPPORTIVE
OOCUMENI 3
FOLLOyu
( I.,.., i
T
Joseph i r Crassie
City Manager
e.
lbert Diresctor
Department of Parks and Recreation
March 28, 1977
Tree i artn
Enclosed is the recently negotiated Agreement with Dade
County to lease for $1. 00 a year, 12 acres of Miami
International Airport property located at N. \V. 44th Avenue
and 12th Street. This site would be used for the Tree Farm
to be ma.i►itained by the City of Miami with plantings
available for the Airport. Once you have reviewed the
Agreement it should be forwarded to the Law Department
for their review and comment.
Dade County has requested that all proposed amendments
to the Agreement be substantiated by separate memorandum
and that the enclosed Agreement not be altered, but returned
to them for review and Final Draft. Once the Law Department
has completed their review, they should contact this
Department and we will assume responsibility for expediting
return of the document, and any proposed changes, to Dade
County and conveyance of the Final Draft back to the City
1\4anager's Office.
In discussion with Mr. Rob Parkins, Director of Community
Affairs, I have been assured through CETA, that 8 persons
would be made available for the maintenance of the Tree Farm.
I have also been informed by Dena Spillman, Administrator,
Community Development, that Community Development Funds
would be available for the purchase of trees and shrubs to be
planted in the Community Development Target Areas. Ms.
Spillman is attempting to determine if monies can also be made
available for the mobile equipment which will be necessary to
operate the Tree Farm.
The Depa.rtMerit of Parks s and Recreation, upon approval of
the Agreeiiient- between the City aticl County, is ready Eta
Make this prograiii operational within a month, Most of the
equipment to handle initial development and installation of
fencing is available between the combined efforts of Public
Works, Public Facilities, and Parks and Recreation.
In order to accomplish the initial development, we will have
to spend some money for fencing, a construction shack for
storage, tools and incidental supplies. It is estimated that
all of these required items will cost around $33, 000,
The agreement between the City and the County requires that
half of our production would go to the Airport Department as
payment in rent for use of the 12 acres. During the first year
we recommend about S27, 000 for the purchase of trees and
shrubs as base materials. With these materials as base, we
should he able within five years to annually produce a nursery
stock with a value of about $100, 000.
I would like to emphasize that there are no available sites in
the City of ;Miami which the City owns that offer the advantage
that use of the airport property does. This area is muck land
with excellent nursery potential. If we are ever to accomplish
a beautification program for the City's public rights of way,
establishment of a nursery is essential. The original agreement
with the County started out with the County demanding $120, 000 a
year rent. It is my feeling that sharing; what we produce is
equitable for both agencies.
If Community i)evelopmant funds cannot be used, we will need
approximately $60, 000 to start the operation--$33, 000 for
development and $27, 000 for the purchase of stock.
AI113/TLM/dc
encl.
Page 2 of. 2,
2 03 The Lessor may designate existing plant materials which
trust be preserved in use of the premises. Materials so designated
will remain the property of the Lessor.
2.04 Ingress and egress from the premises :;trill only be
provided f'or along Northwest 1.2th Street,
ARTICLC 3
Use of Premises
3,01 Lessee shall use the premises leased herein for the
following purposes only:
Plant Nursery
ARTICLE 4
Rentals
4.01 (A) As annual rental for the premises described in
Article 2 herein, the Lessee shall pay to the Lessor, commencing
on the first day of March, 1977, the sum of ONE DOLLAR ($1.00)
and other good and valuable considerations, as more particularly
described in Article 4 (B) hereof.
(B) In lieu of cash rentals, the Lessee agrees to supply
one-half () of all plant materials grown on the site to the Lessor.
Plant materials acceptable to Lessor in lieu of rental includes,
but is not limited to, those listed on Exhibit "B" dated January 1,
1977, attached hereto and made a part hereof.
ARTICLE 5
Maintenance by Lessee
5.01 The Lessee shall at its sole cost and expense fence with
6' chain link plus 1' barb wire 3 prong topping and keep the premises
clean and neat at all times.
5.02 The Lessee shall maintain and repair all damage to the
premises and the improvements constructed thereon during the term
of this Agreement,
5,03 The Lessee at its sole cost and expense shali remove
from the leasehold all trash and refuse of any nature whatsoever
which might accumulate on the premises from its use,
5,04 The Lessee at the end of the term shall quit and surrender
the lensed premises in a clean and neat condition acceptable to Lessor,
‘.`SUPPORTIVE
DOCUMENT$
1-701) W"
1
tEASE AGREEMENT B T'•IEE 4 TH liOA: D
OF COt1NT Y COMMISSIONERS Os' i)ADEE
COUNT I:LORIDA, AS LESSOR, Adn
TUE CITY OF MCAMI, A itL' tICtPAL •
CORPORAT t Otl EXIST I G ut0Ea Tn8 LAWS•
OF THE STATE Or FLORIDA, AS LESSEE ,
MIAnt INTEP. 1ATIOis;AL All PORT
THIS LEASE ACREEMI:NT, trade attd entered into as of the
day of 1977, by and between the BOAR!) OF
COUNTY C0.•tMISSIONERS OF DADE COUNTY, FLORIDA, hereinafter referred
to as "Lessor" or "County" and CITY OF iMIAMI, a municipal corpora-,
tion existing under the laws of the State of Florida, hereinafter
referred to as "Lessee" or "City".
W ITNESSET
THAT, for and in consideration of the rentals to be paid and
the mutual covenants herein contained, the parties hereto agree as
follows:
ARTICLE 1
Terra
1.01 The Lessor hereby leases to the Lessee for a term of
year to year, commencing on March 1, 1977, and to urinating upon
ninety (90) days notice in writing,by either party without cause,
prior to February 28of any lease year, the premises described in
Article 2 hereof, located at Miami International Airport for the
purposes set forth in Article 3 hereof.
ARTICLE 2
Premises
2.01 The premises leased herein consisting of 12 acres more or
less of land located on the southeast side of Miami International
as more particularly described and shown on Exhibit "A" dated
January 1, 1977 attached hereto and made a part hereof.
2.02 The said premises are leased in an "as is" condition and
it shall be the responsibility of the Lessee at its sole cost and
e :pent;e to provide such site preparation, fencing and other improve -
runt.; including utilities as it may recrOxo for the use pur
L; t forth in 7<rttele 3 hereof,
o ;es as
ARTICLE 6
Laws and Regulations
6.01 The Lessee shall comply with the rules and regulations
of the Aviation Department aid all laws, ordinances, regulations
and rules of the Federal, State and County Governments, which may
be applicable to its use of the premises herein leased,
ARTICLE 7
Utilities
7.01 The Lessee shall pay for all utilities used by it, The
Lessor shall have no obligation to provide utilities to the premises
in addition to those existing at the time of the execution of this
Lease Agreement.
ARTICLE 8
Alteration of Premises
and Erection of Signs
8.01 The Lessee shall not alter the existing premises in any
wanner whatsoever, without prior written approval of the Aviation
Department.
8.02 The Lessee shall not erect, maintain or display any
identifying signs or any advertising matter without the prior
written approval of the Aviation Department.
8.03 The Lessee shall not provide for ingress or egress to
the premises except as provided for in Paragraph 2.04 hereof without
written approval of the Aviation Department.
ARTICLE 9
Inspections
9.01 The Lessor's employees and representatives shall have
the right of access to the leased premises for the purposes of
inspection for compliance with the provisions of this Lease
Agreement.
ARTICLE 10
Assignment and Subletting
10.01 This Lease Agreement shall not he assigned, transferred,
pledged or otherwise encumbered,
10.02 The Lessee :,hall not sublet any portion of the leased
premises ei.ther directly or indirectly.
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ARTICLE 11
ondisctiminatiort
11.01 Lessee shall not discriminate against any employee or
applicant for employment to be employed in the performance of the
contract with respect to hire, tenure; terms, conditions, or privi-
leges of employment, or any matter directly or indirectly related
to employment because of age, se:- or physical handicaps, (except
where based on a bona fide occupational qualification) , or because
of race, color_, religion, national origin or ancestry.
11.02 Lessee, for itself, its personal representatives, succes-
sots in interest, and ,:assigns, as a part of the consideration hereof,
does hereby covenant and agree as a covenant running with the land
that (1) no person on the grounds or race, color or national origin
shall be excluded from participation in, denied the benefits of, or
be otherwise subjected to discrimination in the use of said facilities,
(2) that in the construction of any improvements on, over or under
such land and the furnishing of services thereon, no person on the
grounds of race, color, or national origin shall be excluded from
participation in, denied the benefits of, or otherwise be subjected
to discrimination, (3) that the Lessee shall use the premises in
compliance with all other requirements imposed by or pursuant to
Titls 49, Code of Federal Regulations, Department of Transportation,
Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in
Federally -assisted programs of the Department of Transportation
Effectuation of Title VI of the Civil Rights Act of 1964, and as
said Regulations may be amended.
11.03 That in the event of breach of any of the above nondis-
crimination covenants, the County shall have the right to terminate
the Agreement and to reenter and repossess said leasehold and the
facilities thereon, and hold the same as if said Agreement had
never been made or issued. This provision shall not be effective
until the procedures of Title 4E9, Code of Federal Regulations, ulations, }.'art
21 art:o followed and completed including exorcise or e:.piration of
Appeal rights
14 ,,
ARTICLC 12
Roservitions rind Res►.:rictions
12,01 The Lessor reserves unto itself, its :successors and
assigns, for the use and benefit of the public, the right of flight
for the passage of aircraft in the air ;puce above the surface of the
leased premises together with the right to cause in said airspace
such noise as may he inherent in the operation of aircraft, and
for use of said airspace for landing on and taking off from or
operating on Miami International Airport.
12.02 The Lessee expressly agrees to restrict the height of
poles, trees or other objects of natural growth or any other sim-
ilar obstruction on the leased premises to such a height so as to
comply with the provisions of Part 77 of the Federal Aviation Reg-
ulations,
12.03 The Lessee further expressly agrees to prevent any use
of the leased premises which would interfere with or adversely
affect the operation or maintenance of Miami International Airport
or otherwise constitute an Airport hazard.
ARTICLE 13
Special Provisions
Security
13.01 The Lessee acknowledges and accepts full responsibility
for the security and protection of all inventory, equipment and
facilities within its leased area and for prevention of unauthorized
access to its facilities and agrees to comply with all fair and non-
discriminatory rules and regulations of the County concerning such
security.
13.02 The Lessee fully understands that the police security
protection provided by the County is limited to that provided to
any other business situate in Dade County by the Dade County Public
Safety Department, and acknowledges that any special security measures
deemed necessary for additional protection of the leased premises
;hall be the sole responsibility of the Lessee and shall involve no
co:;t: to t:he County.
"'SUPPORTI4E
DOCU ENTS
FOLLOW"
11.01 The Lessee agrees that when D.ide County Aviation Depart-
ment in its discretion designs and installs a special security
progrartt that Inay include the premixes• leri ed .herein,. and may• include,
hut: not be limited to, television or electronic monitor nidevices,
tessee shall pay in cash, rather •than in kind, once -half of Such
design, installation, maintanance, operation, replacement and
utility e:•:peaces for these premises. Such items shall at all times
be the property of County.
ARTICLE 14
Inc eruiific;iion and Mold Harmless
14.01 The Lessee shall indemnify and save the County harmless
from Inv and all claims, liability, losses and causes of action
which may arise out of the Lessee's operation under this Agreement.
The Lessee shall pay all claims and losses of any nature whatsoever
in connection thercwith,and shall defend all suits in the name of
the Count.,, when applicable, and shall pay all judgements and costs
which may issue thereon.
ARTICLE 15
Insurance
15.01 The Lessee shall maintain unless otherwise approved in
writing by the Aviation Department during the term of this Lease
Agreement, the following insurance:
(a) Public Liability Insurance on a comprehensive basis,
in amounts not less than $300,000.00 per occurrence
for bodily injury and $100,000,00 per occurrence for
property damage.
(b) Automobile Liability Insurance covering all owned,
non -owned and hired vehicles in amounts nor. less
than $100,000,00 per person and $300 , 000. 00 per
occurrence for property damage,
15,02 The insurance coverage required shati include those
class).ficat.ion, .as listed in t)tandard Liability Insurance Manuals
which limn nearly reflect the c)I)c'rations of the Lessee under this
Agreement,
15,03 The Lessee shall furnish Certificates of Insurance to
the County prior to occupancy of the leased premises which certifi-
cates shall clearly indicate that the Lessee has obtained Insurance
in the type, amount and classifications as required for strict
compliance with this Article, No material change of the above
coverage or cancellation of the Insurance shall be effective with-
out thirty (30) days prior `ri.tten notice to the County. The
County reserves the right to reasonably amend the insurance
requirements by issuance of notice in writing to Lessee.
15.04 Compliance with the foregoing requirements shall not
relieve the Lessee of its liability under any other portion of this
Lease Agreement.
ARTICLE 16
Cancellation and Termination
16.01 This lease rnav be cancelled by either party, upon written
notice to the other at the address below written, at any time should
either party be prevented from using or renting the premises because
of any governmental order, rule or regulation or order of a court
having jurisdiction over the Airport or upon timely written objection
by any trustee under any indenture pertinent to these premises or
obligation of the City or County. Upon termination or cancellation,
obligations hereunder will be terminated without further liability
on the part of either party.
'RTIVE
tENTS
COUNTY:
CITY:
Director, Aviation hepartment
P.O. fox 592075
Miami, F orida 331.59
Director, Department of Parks
2600 South Bay'shore Drive
Miami, F1otida 33133
Recreation
IN WITLESS WHEREOF, the parties hereto have caused this tease
Agreement to be executed by their appropriate officials, as of the
date first above w itten.
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
1.v :
Assistant County Attorney
APPROVED AS TO FORM AND
CORRECTNESS:
GEORGE F, KNOX, JR.
City Attorney City Cleric
(CITY SEAL)
BOARD OF COUNTY COMMISSIONERS
OF DADE COUNTY, FLORIDA
By:
County Manager
ATTEST: RICHARD P. BRINKER, CLERK
Bv:
CITY OF MIAMI
By;
Deputy Clerk
(COUNTY SEAL)
City Manager
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EXHIBIT "1"
January l; 1977
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As E'.` t;',ct.;5 `+ i'i: i;C: e:; I 24" ; r'i '.iAD L t 10 r:.SL, co' 'rA r •..:i<
8ucID.l r C:.:t\s 14' -Ill' ., 1.2' Ut'L11 4' G.T.
I;UC ID S BUCERAS 8' x G'
CALI,IST%:•'0' VINtNALLIS 12' x 12' tlIT1[ 3' C:T,
CALOPHYLLU:•[ I:OPHYI,LL•[ 8' x4' 1tI1.[ 3' C.T.
CARISSA ' E: R 1LD BLANKET' 24" SPREAD A1D TN 4c \L, C0`•iT.1It;ER
CASSIA 1;EA[\cis 8' x 5' SPRE_1D IvIT11 3' C,T:
C:0C.0L031S UVIFE\
COGCOi.0i3IS L't'I: E.ZA
3'-4' x 3
IN 10 CAL, CONTAINER
12-14'x 14' TJCTII 4' C.T.
cocoS :TEn ' . ,,.. ' 4'
C I)%Aii ",. 'GENERAL PADG. IT' 3.. •2' • Ti; 4 GAL. GO:'iT.1I: -ER3
C:o[i'...):_?'r 5 SE_.LOA:!A • CAL.CC)..i_1Li
H.1I;1:SCUS 'J U a SON CRA'c.' • 10' x 5' Sl'..T.?AJ iit':a 4' C.T.
PU?'i,SC;::S.. 6" s.' RF_\D 1 is 4 cAL,• COi. i.•.L: E
['AI!: oTIS I:RIGI{TII 14' -16' SP :I:AD 1.0 10 12 ST,.,•:S •
PI[IL0DE::D 0:v SELrO`;^i 31::' SP .FAD TN. 10 CAL. Co; Alc:EP
RI10E0 DISCOT.,OR ' REl :UDIA A' 4 PI.J,NTS PI: 4 GAL.'CONTAINER.
[,l; SF.LI.A EQUISTIFOR`•[IS 18"-24" x 13'-24"
S PA T i0 D C_' . r � 1"TL' L: � .\ 16' • 10'
Sti'25'CIIJM CL^.'U:i2 • lS' -20' K 12' -14'
A:WENTEA 16' x 10' SI'. [I-nATC1iED SP:,CT rti;:S
T110E3UTA ARGL':i: ;A 12' 6' WITI[ 5' C...
I:;T)TCATES TAGGED sP:ci:I ^?
C , T , GUAR TRU?:::