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HomeMy WebLinkAboutR-76-0996RESOLUTE N NO. A`ttSotUTION AUTHORIZING AND DIRECTING Vat CITY MANAGER TO ENTER INTO A LEASE AGREEMENT WITH EDWARD M. JAMES, M.D., I'OR CITY OWNED PROPERTY AT THE MIAMI SPRINGS GOLF COURSE, SUBJECT TO THE TERMS AND CONDITIONS CONTAINED IN THE ATTACHED LEASE AGREEMENT, BE IT RESOLVED BY THE COMMISSION OP THE CITY P AMit B'LORIDA: Section 1, The City Manager is hereby authorized and directed to enter into a Lease Agreement with Edward M. James, M.D. for City owned property at the Miami Springs Golf Course, subject to the terms and conditions contained in the Lease Agreement attached hereto and made a part hereof. PASSED AND ADOPTED this 11TH day of OV Mggift_ PREPAJ ED AND APPROVED BY: ROBERT F. CLARK Assistant City Attorney APPROVED AS TO FORM AND CORRECTNESS. GEORGE F. KTOX, JR, City Attorfpy "DOCUMENT,, INDEX ITEM NO. -_.._'`; 11 "SUPPORTIVE DOCUMENTS FO L LOVW" CITY GQMM.ISSI'QN MEETING OF NOV 1 1 1976 RESOLUTION NO.,. j J,,::, �� 10. mmk- MIW Joseph Its Orassie City Manager s. Betty Harris Assistant Finance bitedtor% Chief Accountant GitY O M A\t!, FLOR!DA i1414En- IGE M _MoAANbuM DATE! sUE1JEct: October 5, 1976 FILE: lease between James ►ledidal Center and the City of Miami tl4dt_c U4€s: tease Agreement On March 20, 1974) Building Permit Number 212 was issued by the city of Miami Springs to Edward M. James, M.D., for remodeling of property located at 627 Eldron Drive, Miami Springs, Florida, which is contigu., ous to the Miami Springs Golf Course. During this remodeling of Dr. James` offices, a new parking lot was constructed, and while black topping, the contractor encroached on Miami Springs Golf Course. This encroachment covered an area of appr'odi= mately 4,758 square feet, more or lass. This encroachment was discovered approximately in the month of October 1974, end correspondence between the Doctor and his Engineer represent- ing the, Contractor. and The City have ensued, whereby the City requested either removal of this encroach -lent, or entering into a lease whereby the City would be reimbursed for the private use of City owned property. It was finally agreed between all parties that $50.00 per month would be considered as fair rental from July 1, 1975 throu`;h July 31, 1976 (13 months), for a total of $650.00. The City of Miami has received Check No. 3671 dated August 31, 1976, in above amount. It was finally agreed between the Lessor and Lessee that a month to month lease be entered into at the rental rate of $100.00 per month, the use and occupancy of the leased premises, payable monthly i,1 ad- vance, or the yearly rent in the amount of $1200.00 r:iay be paid in advance. It is recommended that the Law Department he notified to prepare a Resolution authorizing the City Manager to enter into this Lease Agree-'- ment. or, as stated "SUPPORTIVE DOCUMENTS FOLLOW" trig r Mittratt T`ItIS LEASE AGREEMENT made and entered into this _.-1s.t_ ______day of %umus t. , 197 6 , by and between THE CITY OF tLL LL, a Municipal Corporation of the State of Florida •(hereinafter called the "LESSOR.''), and EDWARD M. JAMES, M.D. (hereinafter called the "LESSEE"). W I T N E S S E T it : 1. PREMISES TO BE LEASED WHEREAS, for and in consideration of the covenants herein ttrtained on the part of the LESSEE to be kept and performed, the LESSOR. does hereby lease to the said LESSEE the following described property lying within the Boundry Lines of the Miami Springs Calf Course as indicated below. (City of Miami File No. CP 201 prepared in February 1975, known as a location sketch, containing an area of 4753 Square feet, more or less, is attached and made a part of this Lease Agreecent) TERM OF LEASE ACREE` ENT The term of this Lease Agreement shall be for one (1) month corninencing on the 1st day of August 197 6 , and terminating on the 31st day of August , 197 6 . The LESSEE shall then become a Tenant At %ill on a month to month basis for an unlimited time, subject to the cancellation clause as recUipf,.te.}c1,cj1c Lease Agreement. DOCUMENTS USEOF PhOP::i r FOLLOW" T)a� LE.S,SEE agrees that the property herein lc,a_::d'till bm:; se4 A;:.; for no of14:1r .4rurp4 ii1 4t,10 L'vt'. The LESSEE does hereby covenant and agree to pay to the tttgOLt, atital for the use and occupancy of the leased premises throughout the period of this Lease Agreement, the sum of _0Na_Wu'yDRED---DOLLARS per month itt advance, beginning on the 1st ' day of August 197 6 , and on the first of each and every month thereafter for the period of time the LESSEE occupies the demised premises. The monthly rental fee is subject to four' (4%) percent State of Florida Sales and Use tax, if applicable. 5. INSURANCE The LESSEE shall carry insurance for Public Liability in the ftmbunt - not less than Three Hundred Thousand ($300,000.00) Dollars Bodily Injury per occurrence, and 0ne Hundred Thousand ($100,000.00) Dollars Property Damage par occurrence. Said insurance policy shall name the LESSOR as an Additional Insured, and shall provide a thirty (30) day notice to LESSOR in event of cancellation. The policy of insurance as required herein, shall, before this Lease Agreement becomes effective, be approved by the City Property 2:anager in writing, which approval will not be unreasonably withheld. The City Property Manager shall have the specific right to reject any insurance that has been provided by the LESSEE to the LESSOR. 6. INDEMNIFICATION OF THE LESSOR BY THE LESSEE The LESSEE covenants and agrees that it shall indemnify and agree defend the LESSOR. from and against any and all claims, suits, actions, gapes or causes of action arising during the terra of the Lease Agreement for any Personal Injury, Loss of Life, or Date to Property sustained in or about the leased premises, by reason of or es a result of the LESS .1S psci, .ncy t l+.`L't of , and f ru:a and .?e,_?inirany orders, judvpents . r dccreos lick '••! bo oi.tott`l� Fl•. :t a►:1 :tr (.... a...:+� :. :itil.•t alI C�i :C:., :.tt..)r:1_! �.n'c1+', J =.1.3^ .::2 1!aL+.i.iitie:e .1`,o4t t::e' o; the .nv :.st r,atina tboroQf, Provieed ho aver, that before the said LESSC . 44 IJPPC rIVF DOCUMENTS FOLLOW" isli> 11 etote liable tot all of Said tests, attart.ey1s tees, expenses aftrt liabilities, the tES8t8 shall be given Chitty (3C) days notice itt totititg that the same are about to be incurred, and shall have the option to crake the necessary investigation, and employ counsel of the LESSEE'S own choosing for the necessary defense of any.claims. The LESSOR may, at its option, retain its o«` s counsel, in -addition to the provisions as hereinabove set forth. 7. LICELtSES The LESSEE shall obtain and pay for all licenses for the operation leased premises, if applicable. . DAMAGES OR LOSS TO LESSEE'S PROPERTY The LESSEE releases the LESSOR from any and all liability, cost expense for damage, or loss to the LESSEE'S property for any cause whatso- ever, located at 627 Eldron Drive, Miami Springs, Florida. 9. UTILITIES The LESSEE shall be solely responsible and pay for all utilities, if any, consumed on the leased premises, which it, by virtue of this Lease Agreement, controls or utilizes. 10. }!AINTEENANCE OF LEASED PPE iISES The LESSEE covenants and agrees that he shall, at his own cost and expense, maintain the leased premises in good and operable condition. during the continuation of the term of this Lease, and will keep the leased premises in a condition of proper cleanliness, orderliness and state of attractive appearance at all times. If the leased premises are not kept clean and attractive in appearance or proper state of repair, at the option of the LESSoa, or his do i;:r.aci+41 :vent, the LESSEE shall be so advised, and, failin corroet iou b 01F ,LE5s !: within seven (7) daYs time the. LESS('or ' r his d es,Z4o.1t..4 ;t•iI;>e:ient4- ,1;. the 2;1:i>. Qtito to tile W5F41, foz §. id • ;+*L --A )0) 'r$T, :fin ch. r.le s. ."Str'TIVE DC.)C, ".:NTS 6. FULL,, IHII!I!h!!uIIiUiipiiiIiIIlluIll1191111111111 14 Ah ALL"I'AXES AND ASSESS: tE`.• TS The LESSEE agrees that he shall pay as additional tetit during the t tiot of this tease Agreement, any and all property taxes and assessments, getteral and special, %which may be levied, assessei or otherwise imposed upon Said leased premises. It is the intent of this Lease Agreement that the LESSOR is to receive the rental above specified as net and clear of all costs and charges arising from or relating to the leased premises and its appurtenances, if any, during the tern of this Lease Agreement either from the use and/or misuse of said leased premises in any manner. 12. ASSIGNMENT AND SUBLETTTNG OF PRRaISES The LESSEE shall not at any time during the term of this Lease Agreement sublet any part of the premises, or assign this Lease Agreement or any portion or part thereof, except and by virtue of written authorization granted by the City tanager of the LESSOR. 13. EXAMINATION OF PREMISES The LESSEE agrees to permit the LESSOR'S City Manager or any designated personnel, to enter upon the leased premise:, at any time for any purpose the LESSOR deems necessary to incidental to or connected with the performance of the LESSOR'S duties and obligations hereunder or in the exercise of it's rights or functions. 14, ADVERTISING The LESSEE shall not permit any signs or advertising ratter to on any portion of the leased premises e::cept with the written approval of the City M: r.^v,er of the LESSOa. "SUPPORTIVE DOCUMENTS FILQW" 4`ro4o. Q modified -CL>:.»), thc. "i��S• PUP coat and :expense ajilt ;•FStore tbc-, 1(.4”ed promi;Tcs to a natural an4k14) d canditiaA accept4tOo to ;t1w•14;isor, wi hau=. pi?t't:t:1r' nt Pr ir-rap, ruin tit .. .r . CAS; Ett ATtON The LESSOR, in addition to Ail Oth_t tights and remedies of tature uhatsoever provided herein or by law, can by written notice, =xertise it's right to cancel, terminate and declare this LEASE AGREEMENT ti be null and void at it's option if the LESSOR sells the leased premises, tit the leased premises are needed for•any recreational, governmental, municipal or public purpose whatsoever. Notice of cancellation of this LEASE AGREENLNT shall be in writing, mailed to the office of the LESSEE, and shall provide that the effective date of can:ellation of the LEASE AGREEMENT, as hereinabove provided, be no less than thirty (30) days from the date of delivery of said notice to LESSEE. In the event of a default on the part of the LESSEE, the LESSOR shall have the right to serve upon the LESSEE a notice calling attention to the particular default or defaults complained of and demanding the termination thereof, and in the event of the continued existence of said default or defaults for a period of thirty (30) days (except in the case of non-payment of cone,', as to which five (5) days shall be applicable) from the tire of the giving of such notice by the LESSOR, the LESSOR shall have the right to serve a further notice of its election to exercise the option hereby granted to it to terminate this LEASE AGREENLENT, and if said default or defaults shall then continue after a period of fifteen (15) days from the giving of said Notice of Election, the LESSOR shall have the right without further notice to re-enter and take possession of the leased premises and all improvements thereon, if any, with or without judicial process, and to terminate this LEASE AGt'.EE?•'ENT. NOTICES Notice f ro.n LESSOR to LESSEE shall be deemed duly serve .1torf.d or certified pail to LESSEE: to 627 t;ldron Driv+ 3.ni6r; 4r.d r• o77 1' cF. to LESSOR *Ail t t. i a.ot' cE'r..tti:. v,.! to the City of :'4.1mi lwr rosPegtive porso F, i% a 330703, Florida 33133; or t.o $ or s Idre$ses .is the LESSOR or LESSEE mly • , '! o to each ott:'; r by noC3.ce in Ole foriT,oin,, nartner frog; DOCUM► N FOLLOW" Upon termination of this tease Agreement by lapse of tithe dr heta'ise, the LESSEE will promptly and peacefully surrender and deliver bssession to the LESSOR of the premises to which this Lease Agreement 3s 'applicable in accordance with the covenants herein contained, 19. CAPTIONS The Captions contained in this Lease Agreement are inserted iy as a matter of convenience and for reference and in no way define, limit or prescribe the scope of this Lease Agreement or the intent of any provisions thereof. IN WITNESS WHEREOF, the parties hereto have individually through their proper officials executed this Lease Agreement the day and year first above written. Signed, Sealed and Delivered in the presence For Lessee SEAL) THE CITY OF MIAMI Municipal Corporation of the State of ri orida "SUPPORTIVE DOCUMENTS FOLLOW" City Manager AM. JAMES', M.D. APPROVJAS TO FORM AND CORRECTNESS THIS 8TH DAY OF NOV4MBB GEORGE F. Opx, JR. City Attornyc mEr 4 BUJ_ ' n:siY ;I�t�rM]..1-.. i iii i t ' : "; ` i ri r'i ;' i tine 'C tt `"14tarni Moll*, for 1eme li'1.1 -t 'c4 il'ope Ly _oco'led. at '62 oil. 1)tiE'�', Cli.littl.� �5.�)5:1�114;1�,,'�'1.c.�).'i.cli.ti'�i31.t,cll 1..`+. c:unl::l_t ttou.t; .to thy'. ti�.ilR1`l ,l')r1:l s Con1:t3eo 'Outing t'hts i:emedl-i1.in,T.; or l)r, Jar,.' offices, a new parking lot was constructed, t ud while l)1ndl< Lo pa.n, the contractor encroached on 1,aami Sprirt:;;; (coif (ours. this encroachment covered no nren of approximately 4,758 square feet) mote or lesSu Th7_S cncl_'o: ch;;c'nt was d.isemc red appro:Gii:atel.y in the wonLh of October 1976) and cort'eopondeuc. between L o Doctor Find hts Ent;iltocr rept"lsenttil; the Contr etoc and The City, have ensued whereby theCity requested either: removal of this eneroaclt:: t ;l t, or enter_i.n into a lease ! whereby the City mould be reimbursed for the privntt! u:;c' or City owned ed property. IL trlq finally ctt.ecd between all parties thnt: $50yOO p2.r month %.ould be considered .I,: fair 1.;iLal from July 1, 1975.Lllreu,;Il July 31, 1976 (t3 months), for n total or $65O JiO„ Me City of Mii;.A has received Chock No. 3671 dated Ao;;In.t 31, 1976, in ILL. above Moonlit„ it was fi11.:2 tly av,rt'ed between the Les: -.;or l: ti Lessee L a and that n month to inunLh. be onto red into ctt: they rental raCQ per month fur the use rind oct uprinry of Ow premises, i :' l)l.e monthly in advance, or the yearly i:cent lu the a,.ount or $1200. 00 ton), 1) ' paid-i.tt ntivnitca�� •