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Resolution 81-16800 ,tee RESOLUTION NO. 81-16800 A RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH DADE COUNTY COMMUNITY ACTION AGENCY FOR THE 1 OPERATION OF A HEAD START PROGRAM AT THE FLAMINGO PARK TEEN CENTER. WHEREAS, for the reasons more particularly set forth in the attached Commission Memorandum and Agreement, the City Commission of the City of Miami Beach finds it in the best interest of the City to enter into an Agreement with Dade County Community Action Agency; NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and the City Clerk be, and they are hereby authorized and directed to execute the Agreement, a copy of which is attached hereto as Exhibit A, for and on behalf of the City of Miami Beach. PASSED and ADOPTED this 15th day of October , 1981 . vice Ma or Attest: City Cler pPR . VIIU LEGAL DEPT. By /77. 1-G44';e Date -- i ; ,► LEASE AGPEEME'iT THIS LEASE AGREEMENT , made on the O? day of 7 S//J, 19Pc3 by and between CITY OF MIAMI BEACH , a Florida Municipal Corporation , 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 : Approximately 1 ,761 square feet of classroom and kitchen space located in the activities building at Flamingo Park , between 12 Street and 13 Street , on Alton Road , Miami Beach . TO HAVE AND TO HOLD unto the said TENANT for a term of 9 months , commencing September 2 , 1981 and terminating June 1 , 1982 for and at a total rental of One 00/100 Dollars , payable in advance to Finance Department , City of Miami Beach , 1700 Convention Center Drive , Miami Beach , Florida 33139 , or at such other place and to such other person as the LANDLORD may from time to time designate in writing . 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 a "Head Start" program by the Dade County Community Action Agency . • 3 7 ARTICLE 11 CONDITION OF Pt MISES 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 premis " ' in the condition they are in at the beginning of this Lease . ARTICLE III UTILITIES The TENAU`T , 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 : Roof ; Air-conditioning and Heating ; All electrical lines ; Sewer and Septic tank lines ; fenced playground area and equipment ; The TENANT shall be responsible for the interior of the demised premises . -2- •4 ARTICI E V ALTERATIONS BY TENANT The TENANT may make reasonable non-structural alterations , additions or improvements in or to the premises with 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 unatenantable or unfit for the purpose of the TENANT , either party may cancel this Lease by the giving of written notice to the other . • -3- 5 S ARTICLE, VII N( .IAE ILI'I'y FOP PERSONAL i'N(. r;UTY All personal property pl ,,ced or moved in the premises above described :shell he 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 VIII 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 IX 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. ARTICLE X LIABILITY FOR DAMAGE OR INJURY The COUNTY shall not be liable for any damage or injury whiz', . may be sustained by any party persons on the demised premises other than the damage or injury caused solely by the negligence of COUNTY. • 6 Ak7'`.“A4 aI I'EACI:FU% P(.rSi•SSION • Subject to the terms , conditions , and covenants of this Lease , LANDLORD agrees that:. TENANT shall and may peaceably have , hold and enjoy the premiscrs above described , without hindrance or molestation by LANWLORD. ARTLTCLE XII • SURREND3.:R OF PREMISES TENANT agrees to surrcrnder to LANDLORD, at the end of the term of this Lease, or any extension thereof , said leased premises in as good condition am 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 . • ARTIICLE XIII INDEMNIFICATICDN AND HOLD HARMLESS The County does hereby, agree to indemnify and save the Landlord harmless, to the extern: of the limitations included • within Florida Statutes , Section 768. 28, from any and all claims liability, losses and causes of actions which may arise solely as a result of the County' s negligcence; however, nothing in this section shall indemnify the Landlord for any liability or claim arising out of the negligence, performance or failure of performance required of the Landlord ur as .a result of the negligence of any third party . AR'.TICLE XIV SUCCESSORS IN INTLREST It is hereby covenanted and agreed between the parties hereto that all covenants , conditions, agreements and under- takings contained in this Lease shall extend to and bo binding on the respective successors and assigns of the respective parties hereto, the same as if they wer-e in •every case named and expressed . 7 _.5_ ' ARTICLE XV $ UhORDINATION The TENANT covenants that this Lease is and at all tii• i•-: shall be subject and subordinate to the lien of any mortgage:, now existing or which the LANDLORD or any subsequent owner of the c]crni :,, premises shall make covering said demised premises, or the building; of which said premises arc a part, and to any and all advances or to be made under• said mortgage or mortgages and to the inters:;t. thereon...• . ... ARTICLE XVI CANCELLATION Either - party , the TENANT , through its County Manager or his designee , or the LANDLORD , through its City Manager or his designee , shall have the right to cancel this Lease Agreement at • any time by giving the other party at least sixty (60) days written notice prior to its effective date . • ARTICLE XVII NOTICES It is understood and agreed between the parties hereto that written notice addressed to TENANT and mailed or delivered to the Director, General Services Administration, 140 W. Flagler Street , Miami , Florida 33130 , shall constitute sufficient notice to the TENANT , and written notice addressed to LANDLORD, and mailed or delivered to the address of the LANDLORD, c/b Harold Toal, City Manager, 1700 Convention Center Drive, Miami Beach, Florida 33139 , shall constitute 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 required by law. • ARTICLE XVIII ADDITIONAL PROVISIONS • The demised premises will be solely used by Community Action Agency as a Head Start Center. The LANDLORD agrees toi replace the screens in 3 front winde-.. i. the back door and all the side windows, repair or replace inside lock on front doors; keys for front door, kitchen, office and back gate, install lock on interior of classroom door; install lock for gate where public uses bathroom facilities also used by the children in thy.• program; remove patio furniture from the patio. 8 • -6- The c3(•mi s;ec1 premises; i 1 1 not be ava i ) nb] e to the Ten.int on those drays deemed Miami Beach election days for election poll use. ARTICLE XIX 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 resolution approved by both the Board of County Commissioners , and the City of Miami Beach Commission. 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. ATTEST: CITY OF MIAMI BEACH iC,lU F l . . . I ll City Clerk Vice Mayor 1 ' NDLORD) (OFFICIAL SEAL) • • ..•Ota" M�J;•.. : .' • tdFFICIAL )Skh,L) • • •F • • '• *** / DADE COUNTY, FLORIDA ATTESK`sem" BY ITS BOARD OF COUNTY COMMISSIONERS RICHARD P. BRINKER, CLERK • 05/ . By: (2<t„----)LC % ��-"e-� By: jLe O' i, Deputy Clerk ounManager / •� (TENANT) APPROVED LEGAL DEPT. By Al• 1( 1`) RAI,t,0 Date 10- ).-11 • • 9 9 ec..0 7,/,„„:40.4, • Eeadi t FLORIDA 3 3 1 3 9 dt47;.: "VA CA TIONL A ND U. S. A.- 1,00; ." ' IFFICE OF THE CITY MANAGER CITY HALL HAROLD T.TOAL 1700 CONVENTION CENTER DRIVE CITY MANAGER TELEPHONE: 673-7010 COMMISSION MEMORANDUM NO. 61 DATE: October 15, 1981 TO: Mayor Murray Meyerson and M rs of the City Commiuion FROM: a n d . T a City Manager SUBJECT: LEASE AGREEMENT WITH DADE COUNTY FOR COMMUNITY ACTION AGENCY AT FLAMINGO PARK TEEN CENTER It is requested that the Commission authorize the execution of an agreement between the City of Miami Beach and Dade County, Community Action Agency for the operation of a Head Start Program to be facilitated at the Flamingo Park Teen Center from September 2, 1981 thru June 1 , 1982. The attached agreement outlining the responsibilities of the City and Dade County represents the utilization of a city facility for a federally funded program targeted to provide child care and educational training to preschool children of financially dis- advantaged families in the city of Miami Beach. All costs incurred for utilities will be borne b.! the tenant. The City will only provide routine maintenance during the length of the agreement. ADMINISTRATIVE RECOMMENDATION: It is recommended that the agreement be approved. HTT:SPM:eji Attachment L 0 •H 0 4u 4J bD o a o o r-1 CO v b (11 ct:I a) I al a � 4u d GO .o Z 4-1 o .0 00 31-1-i a z 4-1 u 0 oZ O 4) ) OD H E bD 0 H• ate) p., .•. aPa o OD o +i v CO cd •rl • 4-1 cEs P4 OD U 4-1 a) • En •H N '0 0 •rl 4.) (Sj (1) • •r-1 4) 4) O 0xH 4 o w cj U 0 w