2001-24529 RESO
RESOLUTION NO. 2001---24529
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE A LEASE AGREEMENT BETWEEN THE
CITY OF MIAMI BEACH AND THE BOYS AND GIRLS CLUB OF MIAMI,
INC., FOR THE LEASE OF THE ONE STORY CITY-OWNED BUILDING
IN FLAMINGO PARK, LOCATED AT 1000 - 12TH STREET, MIAMI
BEACH, FLORIDA, FOR A TERM OF FOUR (4) YEARS AND THREE
HUNDRED SIXTY FOUR (364) DAYS, COMMENCING ON
AUGUST 1,2001, AND ENDING ON JULY 30,2006; FURTHER WAIVING,
BY SI7THS VOTE, THE COMPETITIVE BIDDING AND APPRAISAL
REQUIREMENTS, AS SET FORTH IN SECTION 82-39 OF THE MIAMI
BEACH CITY CODE, FINDING SUCH WAIVER TO BE IN THE BEST
INTEREST OF THE CITY
WHEREAS, on January 13, 1995, the Mayor and City Commission approved Resolution
No. 95-21465, authorizing an Agreement between the City and the Boys and Girls Club of Miami,
Inc. for the purpose of providing programs/activities/classes during after-school and summer
vacation hours; and
WHEREAS, said Agreement expired on April 4, 1999, and has continued on a month-to-
month basis; and
WHEREAS, the Boys and Girls Club of Miami, Inc. has requested to enter into a new lease
with the City, for the continued use of the one story City-owned building in Flamingo Park, located
at 1000 - 12th Street (the Property) as a recreation center; said proposed Lease Agreement will have
a term of four years and 364 days; and
WHEREAS, the Administration and Boys and Girls Club of Miami, Inc. have negotiated
and agreed to the terms, as provided in the attached Lease Agreement for the use of the Property;
and
WHEREAS, on June 6, 2001, the Mayor and City Commission adopted Resolution
No.2001-24449, setting a Public Hearing on June 27, 2001, to consider a Lease Agreement; and
WHEREAS, on June 27, 200 I, the Mayor and City Commission opened and continued to
July 18,2001, said Public Hearing, to consider said Lease Agreement; and
WHEREAS, Section 82-39 of the Miami Beach City Code, governing the sale/lease of
public property, provides for the waiver ofthe competitive bidding and appraisal requirements, by
517ths vote of the Mayor and City Commission, upon a finding by the Mayor and City Commission
that the public interest would be served by waiving such conditions.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Clerk
be authorized to execute a Lease Agreement between the City of Miami Beach and the Boys and
Girls Club of Miami, Inc., for the Lease of the one story City-owned building in Flamingo Park,
located at 1000 - 12th Street, Miami Beach, Florida, for a term of four (4) years and three hundred
sixty four (364) days, commencing on August 1,2001, and ending on July 30, 2006; further waiving,
by Sl7ths vote, the competitive bidding and appraisal requirements, as set forth in Section 82-39 of
the Miami Beach City Code, finding such waiver to be in the best interest of the City
PASSED and ADOPTED this
July 18,2001.
ATTEST:
~kr~
CITY CLERK
flI
MAYOR
JMG\CMC\JDlrlr
T:IAGENDA \200 I VULl80 I lREGULARIB&GCPHRES 711 1/0 I
APPROVED }.S TO
FORM & lANGUAGE
" FOR EXECUTION
AJJ lM.O/l1Jf..:- 7-11-0;
'~ Date
CITY OF MIAMI BEACH
PLANNING DEPARTMENT
~
To:
From:
Christina M. Cuervo
Assistant City Man~g r
Jorge G. Gomez fJ~
Planning and Zoni g Director
June 18, 2001
Analysis of the City Owned Property at Flamingo Park for Lease to
Boys and Girls Club. (Section 82-38)
Date:
Subject:
Pursuant to your request, this memorandum serves to provide an analysis of the lease of
City Owned Property at the subject property.
Section 82-38 of the Code of the City of Miami Beach requires that any proposed sale or
lease of city-owned land be analyzed from a planning perspective in order that the City
Commission and the public are fully apprised of all conditions relating to the proposed sale
or lease. What follows, herein, are each of the eight criteria prescribed in said ordinance
and a response to each:
1. Whether or not the proposed use is in keeping with City goals and objectives
and conforms to the City Comprehensive Plan.
The property in question, Flamingo Park, is characterized as a regional park serving
the needs of the entire community and contains several public facilities. The Future
Land Use Map of the City's Comprehensive Plan designates the site as ROS,
Recreation Open Space.
The leasing ofthe one story building, located at 1000 - 12th Street, as a recreation
center to the Boys and Girls Club, would conform to the land use designation
contained in the Comprehensive Plan.
2. The impact on adjacent property, including the potential positive or negative
impacts such as diminution of open space, increased traffic, noise level or
enhanced property values, improved development patterns and provision of
necessary services. Based on the proposed use of the property, the City shall
determine the potential impact of the project on City utilities and other
infrastructure needs and the magnitude of costs associated with needed
infrastructure improvements. Should it become apparent that further
evaluation of traffic impact is needed, the proponent shall be responsible for
obtaining a traffic impact analysis from a reputable traffic engineer.
The site currently contains several public facilities and recreational structures,
leasing of the subject building as a recreational center should not have any negative
impact on the surrounding area.
3. A determination as to whether or not the proposed use is in keeping with a
public purpose and community needs, such as expanding the City's revenue
base, reducing City costs, creating jobs, creating a significant revenue stream
and improving the community's overall quality of life.
Use of the subject building by the Boys and Girls Club is in keeping the community
needs as families with children keep increasing within the City. This facility will
serve to improve the quality of life for this growing sector of the population.
4. Determination as to whether or not the development is in keeping with the
surrounding neighborhood, will block views, or create other environmental
intrusions, and evaluation of the design and aesthetic considerations of the
project.
The proposal for leasing the facility does not generate any new construction or
create any changes that will affect the surrounding area.
5. The impact on adjacent properties, whether or not there is adequate parking,
street, and infrastructure needs.
There should be no negative impact on adjacent properties. While parking is a
problem throughout the City, the proposed lease should not signifICantly increase
the need for parking. Since the facility is currently in operation, no further
infrastructure needs are anticipated.
6. A determination as to whether or not alternatives are available for the
proposed disposition, including assembly of adjacent properties, and whether
the project could be accomplished under a private-ownership assembly.
There are very few alternative locations with the appropriate zoning/land use
classification to accommodate public organizations in the neighboring area.
Assembly of adjacent properties is not likely.
7. Within the constraints of public objectives, the department should examine
financial issues such as job generation, providing housing opportunities, and
the return to the City for its disposition of property.
No housing opportunities are created under the current facility.
2
8. Such other items as the Planning Department may deem appropriate in
analysis of the proposed disposition.
Planning Staff has not identified any further items.
JGG/ct
F:\PlAN\$ALl\GEN_CORR\INTEROFF\BOYNGIRL\NPD
3
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
http:\\ci.miami-beach.fl.us
TO:
FROM
SUBJECT:
COMMISSION MEMORANDUM NO.
4g/~1
Mayor Neisen O. Kasdin and
Members of the City Commission
Jorge M. Gonzalez \. A~
City Manager 0.... - 0
DATE: July 18,2001
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE A LEASE AGREEMENT BETWEEN THE
CITY OF MIAMI BEACH AND THE BOYS AND GIRLS CLUB OF MIAMI,
INC., FOR THE LEASE OF THE ONE STORY CITY-OWNED BUILDING
IN FLAMINGO PARK, LOCATED AT 1000 - 12TH STREET, MIAMI
BEACH, FLORIDA, FOR A TERM FOUR (4) YEARS AND THREE
HUNDRED SIXTY FOUR (364) DAYS, COMMENCING ON
AUGUST 1,2001, AND ENDING ON JULY 30, 2006; FURTHER WAIVING,
BY SI7THS VOTE, THE COMPETITIVE BIDDING AND APPRAISAL
REQUIREMENTS, AS SET FORTH IN SECTION 82-39 OF THE MIAMI
BEACH CITY CODE, FINDING SUCH WAIVER TO BE IN THE BEST
INTEREST OF THE CITY
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
ANALYSIS
On January 13, 1995, the Miami Beach City Commission approved Resolution No. 95-21465
authorizing an Agreement between the City of Miami Beach (City) and the Boys and Girls Club
of Miami, Inc. (Boys & Girls Club) for the purpose of providing programs/activities/classes during
after-school and summer vacation hours. Said Agreement expired on April 4, 1999, and has
continued on a month-to-month basis.
The Boys & Girls Club has requested to enter into a long term lease with the City, for the use of
the one story City-owned building in Flamingo Park, located at 1000 - 12th Street (the Property)
as a recreation center. The Administration has negotiated a Lease Agreement with the Boys &
Girls Club for a term of four (4) years and 364 days, including option periods, commencing on
August 1,2001, and ending on July 30, 2006, with the Boys & Girls Club.
Section 82-39 of the Miami Beach City Code, governing the sale/lease of public property, provides
that the lease of any City-owned property for a period of five years or less, including option
periods, requires the following:
AGENDA ITEM
R7D
7-(f-r)(
DATE
. a public hearing to obtain citizen input
. a Planning Department analysis
. an independent appraisal to determine the value of the leasehold interest
. a public bidding process
As such, and in light of the above public hearing requirement, the Administration recommended
that at its June 6, 200 I, meeting, the Mayor and City Commission schedule a Public Hearing for
June 27, 2001, as required, including compliance with the minimum fifteen (15) day advertised
notice advising of said Public Hearing. At the June 27, 2001, City Commission meeting, the
Administration recommended that the Mayor and City Commission open and continue the Public
Hearing to allow the Administration time to assess the condition of the physical property and
discuss with the Boys & Girls Club the inclusion of certain capital improvements to upgrade the
Property. The Public Hearing was opened and continued until July 18,2001.
Attached hereto is the required Planning Department analysis dated June 18, 2001, which does not
reflect any negative impact related to the proposed lease ofthe Property.
Section 82-39 further provides for the waiver of the competitive bidding and appraisal
requirements, by 5/7ths vote of the Mayor and City Commission, upon a finding by the Mayor and
City Commission that the public interest would be served by waiving such conditions.
On June 28, 2001, the Administration met with representatives of the Boys & Girls Club. During
said meeting it was determined that the Property was prone to flooding, had an outdated electrical
infrastructure, and its restrooms were not in compliance with American with Disabilities Act
(ADA) guidelines. 1t was agreed to jointly pursue the above noted issues. The City would assess
the costs involved to relieve the flooding via the construction of retaining walls and a sump system,
the rehabilitation of the restrooms to comply with ADA guidelines, and the upgrading of the
electrical system. The Boys & Girls Club agreed to pursue funding from sources which required
a long term (approximately 5 yrs or more) lease agreement, which had previously been
unattainable.
Based on the foregoing, the Administration recommends that the Mayor and City Commission
approve the attached Lease Agreement between the City and the Boys & Girls Club, and further
waive the competitive bidding and appraisal requirements Section 82-39 of the City Code, finding
same to be in the City's best interest.
JMG\CfK6JD\rlr
T:\AGENDA \200 I \JUL 180 I \REGULAR\B&GCLEAS.MEM 7/2/2001
i.
..
JLEASE AGREEMENT
THIS LEASE, executed this JJ.!E day of '1,..J...., , 2001, between CITY OF
MIAMI BEACH, a Florida municipal corporation (Le~BOYS AND GIRLS CLUB
OF MIAMI, INC., a not-for-profit corporation established in accordance with State of Florida
requirements (Lessee).
WITNESSETH: The Lessor, for and in consideration of the rent herein reserved to be paid
by the Lessee, and in consideration of the covenants herein to be kept and performed by the Lessee,
does hereby lease and demise unto the Lessee the following described premises (the Premises)
situated in the City of Miami Beach, County of Dade, State of Florida:
The one story building located at 1000 - 12th Street (previously identified as 1245 Michigan
A venue), Miami Beach, Florida, located within Flamingo Park, as more specifically
reflected in Exhibit I, attached hereto and incorporated herein.
In the event the Lessee desires to use any other portion, including but not limited to courts,
fields, playgrounds, pools and amenities, of the Flamingo Park property other than that specifically
included within the leased Premises, prior arrangements must be made through, and first approved
in writing by the Director of the City of Miami Beach Parks and Recreation Department. To that
end, and in each instance, the Lessee agrees to submit a written request no less than sixty (60) days
in advance of the first date the use is requested, and Lessor agrees to use its best efforts to respond
no later than fourteen (14) days after receipt of Lessee's written request. Notwithstanding the
foregoing, Lessee agrees and understands that in no event shall Lessor's failure to respond within
said fourteen (14) day period be considered to be an approval of Lessee's request.
TO HAVE AND TO HOLD the Premises unto the Lessee, for a term of four (4) years, and
364 days, beginning on the 1 st day of August, 2001, and ending on the 30th day of July, 2006, the
Lessee yielding and paying to the Lessor the rental sum of One Dollar ($1.00) per year for the Lease
term, as agreed by the parties hereto, payable upon execution of this Lease Agreement.
Lessee shall be required to pay Lessor interest at the highest rate permitted by law on any
rents or other payments due Lessor hereunder that remain unpaid after its due date; and, to the extent
any payment of rent or other charge remains unpaid for a period of ten (10) days after its due date,
in addition to any other remedies, Lessee shall pay to Lessor a late charge of fifty ($50.00) dollars
to cover Lessor's additional administrative expenses.
Lessee shall also pay as "additional rent", all sales, real estate, use or excise tax(es) imposed,
levied or assessed against the Premises or any other charge or payment required here by any
Page I of 8
governmental authority having jurisdiction there over, even though the taxing statute or ordinance
may purport to impose such tax against Lessor. The payment of sales tax shall be made by Lessee
concurrently with payment of the minimum rent. Lessee agrees that it will pay the real estate taxes
assessed against the Premises and the Operating Costs of the Premises, as set forth and defined in
Paragraph 2 of this Agreement. Real estate taxes will be paid upon demand accompanied by a copy
of the paid tax bill. Operating Costs set forth in Paragraph 2 of this Agreement, will be paid
monthly (or as otherwise determined by Lessor). The Lessee agrees to keep, conform to and abide
by each of the following covenants which are hereby made conditions of this Lease:
I. To pay the rents set forth herein in advance, at the times and in the manner aforesaid,
and should the rents herein provided at any time remain unpaid after same shall become due, the
Lessor shall have such remedies as may be granted pursuant to the laws of the State of Florida. All
rent payments shall be made to the Lessor at the following address: City of Miami Beach Finance
Department, c/o Revenue Supervisor, 1700 Convention Center Drive, Third Floor, Miami Beach,
Florida, 33139, or at such other place as the Lessor may, from time to time, designate in writing.
2. Operating Expenses shall include all costs associated with the maintenance and
operation of the Premises, including utilities and Common Area Maintenance (CAM). Utilities and
CAM shall include, but are not limited to, electricity, water, gas, telephone service and garbage
disposal. Lessee will be occupying approximately 100 % of the overall leasable space currently
available on the Premises. For the term of this Lease, Lessor and Lessee agree that the Operating
Costs, as defined above, shall be due and payable by the Lessee in the manner provided above.
Operating Costs shall be adjusted accordingly, in the event that costs associated with maintenance
and operation of the Premises increase. The Lessor will provide the Lessee a payment voucher
indicating the amounts due to the City.
3. The Lessee accepts the Premises in their present "as is" condition, and is responsible
for all interior and exterior modifications and maintenance, including entrance doors, windows, and
screens. Lessee must first obtain Lessor's written approval for any alteration, additions and/or
improvements to the Premises and then must pay for such modifications, which shall become
Lessor's permanent improvements upon completion. The Lessee shall have the right to use any
equipment, furnishing and fixtures left by Lessor on the Premises. Lessor represents that such
equipment, furnishing and fixtures, are to be used in their "as is" condition, and that Lessee is solely
responsible for maintaining same, at its sole cost and expense, throughout the duration of this
Agreement. In the event any of the aforesaid items are lost, stolen or damaged, they shall be
replaced or repaired at the sole cost and expense of Lessee, ordinary wear and tear excepted. Upon
expiration of this Agreement, Lessee shall quietly and peacefully redeliver said equipment,
furnishings and fixtures to Lessor. At its option, Lessor may take inventory of the Premises,
including all improvements, equipment, furnishings, and fixtures at any time prior to the
commencement of, or during the term of, this Lease.
4, Lessee agrees that any noise disturbance, inconvenience, disruption, failure of any
facilities, the shutting off of light or access to the Premises, or any other nuisance or nuisances,
caused by or due to any repairs, alterations, improvements, additions or construction by the Lessor,
its agents, servants or employees to any part or portion of the building and for parking areas wherein
Page 2 of 8
the Premises are located, shall not be deemed or construed as a breach or violation of the peaceful
possession of the Premises on the part of the Lessee. It is specifically further agreed that any such
conditions shall not give rise to any abatement, rebate or diminution of the rent reserved herein, nor
to any liability or responsibility by reason thereof on the part of the Lessee.
5. It is understood that any property left on the Premises at the expiration of the Lease,
shall be considered abandoned and shall become and be deemed the property of the Lessor.
6. Notwithstanding Paragraph 3 herein, at Lessor's discretion, any and all alterations or
additions made by the Lessee to or in the Premises shall at the request of the Lessor, at the expiration
of the term of this Lease or sooner termination thereof, be removed by the Lessee at its cost and
expense and Lessee further hereby agrees in such event, to restore the Premises to their original
condition as ofthe date of this Lease.
7. Lessee shall not assign Lessee's interest in this Lease, nor underlet the whole or any
part of the Premises, nor use the same for any purpose other than for use as a Recreation Center for
the Boys and Girls Club of Miami, Inc., without first obtaining the written consent to such
assignment or underletting, or to such change of purpose for the use of the Premises, from the
Lessor, which consent shall be given, if at all, at Lessor's sole discretion. Lessee further covenants
that the Premises will not be used for any purpose that will invalidate any policies of insurance now
or hereafter written on the building on which the Premises are located, or will increase the rate of
premium thereof.
8. Lessee herein agrees, acknowledges, and covenants that since improvements to the
Premises may be partially funded by General Obligation (G.O.) Bond moneys that it will, throughout
the term of this Lease, comply with the following terms and conditions, as required by the City's
Bond Counsel:
I) Lessee's purpose must be a not-for-profit charitable organization in accordance with
Internal Revenue Code Section 501(c)(3), and Lessee shall provide the Lessor with
evidence of same at the commencement of this Lease and, as otherwise, requested by
Lessor throughout the term herein.
2) The activities conducted by Lessee must be in keeping with the public purposes of
the City; and with the charitable purposes for which Lessee's organization was
established.
3) Lessee's activities will not result in any unrelated business income to Lessee within
the meaning of the provisions of the Internal Revenue Code, and the regulations and
rulings thereunder, relating to tax exempt organizations.
9. Lessee shall use the Premises in accordance with all laws and ordinances now or
hereinafter applicable.
Page 3 of 8
10. Lessee shall not permit or suffer any noise, disturbance or nuisance whatsoever on
the Premises detrimental to same or annoying to the neighbors, and the Lessee acknowledges that
the Premises have been received in thoroughly good order, tenantable condition and repair, of which
the execution of this Lease, and taking possession hereunder, shall be conclusive evidence. Lessee
further acknowledges that no representations as to the condition of the Premises have been made by
the Lessor, or the Lessor's agent, and that no obligation as to the repairing, adding to, or improving
the Premises has been assumed by the Lessor, and that no oral arrangements have been entered into
in consideration of making said Lease, and that this Lease contains a full statement of the obligation
of both parties hereto.
11. Lessee agrees to keep the interior of the Premises in good condition during the
continuation of the term herein demised, and every part thereof, including the plumbing, doors and
windows, and will keep the same in good, sound, clean condition and repair, ordinary wear and tear,
fire, hurricane or other act of God alone excepted, and will not suffer or permit any strip or waste
of the Premises.
12. Lessee shall permit the Lessor, or the Lessor's agent, at any reasonable time, to enter
and inspect the Premises, and make repairs, if in the Lessor's sole judgment, the Lessor should elect
to do so.
13. If Lessee abandons or vacates the Premises prior to the expiration of the term hereof,
or if Lessee fails to make the rent payments as set forth herein and said payment is not made within
fifteen (15) days after written notice of such failure is given to Lessee, or if Lessee fails to discharge
or bond off any lien filed on the Premises within fifteen (15) days of written notice from Lessor to
Lessee, or if Lessee fails to perform in accordance with any of the other terms and conditions herein
contained, and such default is not cured within thirty (30) days after written notice is given to Lessee,
then Lessor may terminate this Lease without further notice to Lessee and, additionally, pursue any
and all legal remedies available to seek redress for such default, with the prevailing party paying all
reasonable legal fees.
14. In the event the Premises, or any part thereof, shall at any time be destroyed or so
damaged by fire or other elements so as to be unfit for occupancy or use by the Lessee, then and in
that event, the Lessor shall have the option to terminate this lease or to repair and rebuild the
Premises. In the event the Lessor elects to exercise the option to repair and rebuild, the same shall
be done and completed within a reasonable time, but in no event shall such time be more than sixty
(60) days from the date of the initial damage or destruction rendering the Premises untenantable.
15. The Lessee shall not attach any signs to the Premises, or place any lettering on the
plate glass windows, unless such signs, and such lettering, have been approved by the Lessor, and
are in conformance with all applicable municipal, County, State and Federal laws.
16. At the expiration of the term hereof, the Lessee shall quietly and peaceably deliver
the Premises to the Lessor in the same repair and condition in which they were received, ordinary
wear and tear excepted.
Page 4 of 8
17. The Lessor covenants that it will keep the exterior roof and walls of the building in
which Premises are situated in good repair. The Lessee shall give to the Lessor seven (7) days
written notice of needed repairs, and the Lessor shall have a reasonable time thereafter within which
to approve said repairs. Notwithstanding the preceding sentence, Lessee herein accepts the Premises
in their "as in" condition.
18. The terms Lessor and Lessee as herein contained shall include the singular and/or
plural, masculine, feminine, and/or neuter, and heirs, successors, personal representatives and/or
assigns of the parties hereto.
19. The failure of the Lessor in one or more instances to insist upon strict performance
or observance of one or more of the covenants or conditions hereof or to exercise any remedy,
privilege or option herein conferred upon or reserved to the Lessor, shall not operate or be construed
as a relinquishment or waiver for the future of such covenant or condition or of the right to enforce
the same or the exercise such privilege, option, or remedy, but the same shall continue in full force
and effect. The receipt by the Lessor of rent, or additional rent, or any other payment required to be
made by the Lessee, or any part thereof, shall not be a waiver of any other additional rent or payment
then due, nor shall such receipt, though with knowledge of the breach of any covenant or condition
hereof, operate as or be deemed to be a waiver of such breach, and no waiver by the Lessor of any
of the provisions hereof, or any of the Lessor's rights, remedies, privileges or options hereunder shall
be deemed to have been made unless made by the Lessor in writing. If the. Lessor shall consent to
the assignments of this Lease or to a subletting of all or a part of the Premises, no further assignment
or subletting shall be made without the written consent of the Lessor first obtained. No surrender
of the Premises for the remainder of the term hereof shall be valid unless accepted by the Lessor in
writing.
20. Lessee represents and warrants that there are no claims for broker's commissions or
finders' fees in connection with the execution of this Lease.
21. Lessee shall not stock, use or sell any article or undertake any activity in the Premises
which may be prohibited by Lessor's insurance policies or which will increase any insurance rates
or premiums for which Lessor is responsible.
22. Should any mechanics' or other liens be filed against the Premises or any part thereof
for any reason whatsoever by reason of Lessee's acts or omissions or because of a claim against
Lessee, Lessee shall cause the same to be canceled and discharged, of record, by bond or otherwise
within twenty (20 days after the filing of such lien.)
23. In the event the Premises are not ready for occupancy by the Lessee upon the
commencement date hereof, for any reason whatsoever, including the fact that the building in which
the Premises are located has not been completed or sufficiently completed to make the Premises
ready for occupancy, the Lessor shall have no liability to the Lessee by reason of the Lessor's
inability to deliver possession. In such event, the rent set forth herein shall abate until such time as
the Premises are ready for occupancy and the commencement date of the term hereof shall be
Page 5 of 8
deemed to commence upon such date, provided, however, that notwithstanding such commencement
date, this Lease shall expire on the termination date set forth on Page 1 hereof.
24. In the event that it shall become necessary for Lessor to employ the services of an
attorney to enforce any of its rights under this Lease or to collect any sums due to it under this Lease
or to remedy the breach of any covenant of this Lease on the part of the Lessee to be kept or
performed, regardless of whether suit be brought, Lessee shall pay to Lessor such fee as shall be
charged by Lessor's attorney for such services. Should suit be brought for the recovery of possession
of the Leased Premises or for rent or any other sum due Lessor under this Lease, or because of the
breach of any of Lessee's covenants under this Lease, Lessee shall pay to Lessor all expenses of such
suit and any appeal thereof, including a reasonable attorney's fee.
25. Radon is a naturally occurring radioactive gas that, when it is accumulated in a
building in sufficient quantities, may present health risks to persons who are exposed to it over time.
Levels of Radon that exceed Federal and State guidelines have been found in buildings in Florida.
Additional information regarding Radon and Radon testing may be obtained from your County
Public Health Unit.
26. Notice shall be deemed properly given hereunder when made in writing and deposited
in the United States certified or registered mails, with sufficient postage prepaid thereon to carry it
to its addressed destination; and the said notices shall be addressed as follows:
F or the Lessor:
City Manager
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
With a copy to:
City Attorney
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
For the Lessee:
Wayne Blanton, Executive Director
Boy and Girls Club of Miami, Inc.
P.O. Box 330219
Miami, Florida 33233-0219
or to such other address as shall be supplied in writing by any party to the other.
27. The Lessee shall indemnify, defend and hold Lessor harmless from any and all
claims, liability, losses, and causes of action which may arise out of Lessee's use of the Premises
under this Agreement and shall pay all claims and losses of any nature whatsoever in connection
therewith and shall defend all suits, in the name of Lessor, and shall pay all costs (including
attorney's fees) and judgments which may issue thereon. This indemnification shall not be limited
in any way by the type or amount of insurance carried by Lessee. Lessee shall carry and maintain
Page 60f 8
in full force and effect at all times during the term of this Agreement the following insurance
coverages:
a. Comprehensive General Liability in the mlUlmum amount of One Million Dollars
($1,000,000) per occurrence for bodily injury and property damage. This policy must also
contain coverage for premises operation, products and contractual liability.
b. The City must be named as an additional insured on the policies required above. All
Certificates of Insurance shall state: This insurance coverage is primary to all other
coverages provided by the City of Miami Beach.
c. Workers' Compensation and Employers' Liability to meet the statutory requirements of the
State of Florida.
d. All insurance policies shall be issued by companies authorized to do business under the laws
of the State of Florida and must have a rating ofB+:VI or better per A.M. Best's Key Rating
Guide, latest edition.
e. Lessee shall furnish original certificates of insurance, evidencing the required coverage, and
receive approval of same, prior to the commencement of operations.
f. Certificates oflnsurance shall be approved by the City's Risk Manager and kept on file in
the Finance Department, Insurance and Safety Division, Third Floor, City Hall.
28. Lessor desires to enter into this Lease only if in so doing Lessor can place a limit on
the Lessor's liability for any cause of action for money damages due to an alleged breach by the
Lessor of this Lease, so that its liability for any such breach never exceeds the sum of $1 ,000.00.
Lessee hereby expresses its willingness to enter into this Lease with Lessee's recovery from Lessor
for any damage action for breach of contract to be limited to a maximum amount of the amount of
$1,000.00.
Accordingly, and notwithstanding any other term or condition of this Lease, Lessor hereby agrees
that it shall not be liable to the Lessee for damages in an amount in excess of$I,OOO.OO, for any
action or claim for breach of contract arising out of the performance or non-performance of any
obligations imposed upon the Lessor by this Lease. Nothing contained in this paragraph or
elsewhere in this Agreement is in any way intended to be a waiver of the limitation placed upon
City's liability as set forth in Florida Statutes, Section 768.28.
29. Pursuant to Sections 62-90 and 62-91, of Chapter 62, of the Miami Beach City Code
entitled "Human Relations", Lessee, by executing this Agreement, certifies that it does not
discriminate in its membership or policies based on race, color, national origin, religion, sex, sexual
orientation, familial status or handicap.
31. Any litigation between the parties, arising out of, or in connection with this Lease,
shall be initiated in the court system of the County of Miami-Dade, State of Florida.
Page 7 of 8
.,
'.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year
stated above.
Signed, sealed and delivered in the presence of:
Attest:
LESSOR:
CITY OF MIAMI BEACH
By: ~r f w-dw-.-
City Clerk
w
By:
Mayor
LESSEE:
BOY AND GIRLS CLUB OF MIAMI, INC.
By:
~~
Executive Director
By:
(Seal)
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
JMG:CMC:JD:rlr
F:IDDHPI$ALLIASSEliFLAMlNGOIB&GLSE.AM3,07/11/01.l
AJ/ I~OJIU~ 7- /1.'61
/~ .u.e
Page 8 of 8
Wl'-sr
,- "
. ' .
~ 50' , 6
'0 . rn ..... 7#
~ g~~
'"
, .,....
B n
:i
,.~
m
~. '" .. t ..
1 ~
'0' ~
<'U!l> ~ o' ~ ' 6$'
50
4V,!',VU.
"".
.. "4A
u' SO' . . . SO' 6J' ~
=l. ~
"'" " I
~ . ~
" ~ (,;~
l> ~ , ". ii '" "" I"Jt
" ~ ~
......1 ........... ~
- ~
" 4L.TON yo. ;...
C T- t
.... '" ... .. ... '" -"'~
~
, ~
. e 1
L. .
fS' ~ ~ ~ ~ ,
"' '0' - ~
"'" -
eJ" t
..t4 ~
, ~
;;'
,
\:j.
'0
,
~
COUI?T
o I
'"
5<)'
" ROAt)
" 67.~' 6 JJo'
So' ., ~ '"'
~ "" ""
"C' . ~ . ~ .
r ~ .
~ ~ -~~
" ~ .
~ ~
, .:J
, ~
...
.
D .
N .... 0
Q ~
""
OS' &1.r' 0 t
$(1'
". ~ Cl ~
~ ".
('.") .
~ ~
" CO '" . ~ il ~
~
f''')!
, 7 (J1
,-{ ~
IJl
~
. .to. ... :):
I .... ..,
0 rn ~ "'
.. ~
" oi!. .0'
'0'
s .. . GZ.s' &so . ~
"-
II III ~
M/C'H/GI'IN . I'IVE'NL
I ._ II~m~ject Property:l000-12th Street)
~.
EXHIBIT 1