RESOLUTION 89-19825 RESOLUTION No. 89 - 19825
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, AUTHORIZING THE MAYOR AND THE CITY CLERK
TO EXECUTE AN AGREEMENT BETWEEN GLORIA MILLER ROSENTHAL,
A/K/A GLORIA MILLER, AN INDIVIDUAL, AND THE CITY OF
MIAMI BEACH, A FLORIDA MUNICIPAL CORPORATION, FOR THE
LEASING OF 1833-1837 BAY ROAD TO PROVIDE OPERATIONAL
OFFICE SPACE FOR THE PARKING DEPARTMENT.
WHEREAS, the Administration and City Commission has reviewed the Lease
Agreement between GLORIA MILLER ROSENTHAL, a/k/a Gloria Miller, an individual ,
and the City of Miami Beach; and
WHEREAS, the City of Miami Beach desires to continue to lease the property
commonly known as 1833-1837 Bay Road for use by the City's Parking Department;
and
WHEREAS, the existing lease with Gloria Miller expires at midnight on
December 1, 1989; and
WHEREAS, Ms. Miller has agreed to extend the existing lease agreement with
the City at the same rate of compensation for the one-year period beginning
December 1, 1989; and
WHEREAS, the City Manager has recommended the execution of the Lease and
the Legal Department has approved it as to form.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, that the City Commission of the City of Miami Beach,
Florida, authorizes the Mayor and the City Clerk to execute the attached Lease
Agreement between Gloria Miller Rosenthal , a/k/a Gloria Miller, an individual ,
and the City of Miami Beach.
PASSED and ADOPTED this sixth day of December, 1989.
MAYOR
Attest by:
dajA,d ..
City Clerk
FORM APPROVED BY LEGAL DEPARTMENT:
By: ,e )et. ;#7
Date: /00 , 1989
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OFFICE OF THE CITY MANAGER CITY HALL
ROB W.PARKINS 1700 CONVENTION CENTER DRIVE
CITY MANAGER TELEPHONE: 673-7010
LiCOMMISSION MEMORANDUM NO. -4-,S 49
DATE: December 6, 1989
TO: Mayor Alex Dao . .nd
Members of t. City Commi -i-
......____
FROM: Rob W. Pa ins,
City Manager T i if(
i?'/
SUBJECT: A RESOLUTION 1 THE CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, AUTHORIZING THE MAYOR AND THE CITY CLERK TO EXECUTE AN
AGREEMENT BETWEEN GLORIA MILLER ROSENTHAL, A/K/A GLORIA MILLER, AN
INDIVIDUAL, AND THE CITY OF MIAMI BEACH, A FLORIDA MUNICIPAL
CORPORATION, FOR THE LEASING OF 1833-1837 BAY ROAD TO PROVIDE
OPERATIONAL OFFICE SPACE FOR THE PARKING DEPARTMENT.
The City of Miami Beach currently leases the property located at 1833 through
1837 Bay Road from Gloria Miller Rosenthal for office and work spaces for the
City's Parking Department. Resolution No. 88-19442, executed on November 16,
1988, authorized the Mayor and the City Clerk to execute a lease agreement for
the aforementioned properties. The offices and rear yard adequately meet the
operational requirements for the department and Ms. Rosenthal has agreed to
continue to lease the property to the City for these purposes.
The City currently pays $3,090.00 per month for the rental of the 6,000 square
foot building and adjacent yard. Since the department has performed some
renovations to the structure and has kept the property in sound condition, she
has agreed not to increase the cost for this rental . As such, the lease will
remain at the same monthly payment for the period covered in the attached
agreement, December 1, 1989 through November 30, 1990 inclusive.
The existing lease expires at midnight on December 1, and Ms. Rosenthal has
expressed her desire to authorize our rental pending execution of the attached
resolution.
ADMINISTRATION RECOMMENDATION:
The Administration recommends that the City Commission adopt the attached
resolution authorizing the Mayor and City Clerk to execute the Lease Agreement
between the City and Gloria Miller Rosenthal for the rental of 1833-37 Bay Road
for use by the City's Parking Department
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:siErchments
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AGENDA
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ITEM
12_
DATE �''
LEASE AGREEMENT
THIS LEASE AGREEMENT, made and entered into this ., day of
1iJ1r2V1,919_4,-a
lve , by and between GLORIA MILLER ROSENTHAL, a/k/a GLORIA MILLER, an
individual (hereinafter referred to as "Lessor") , and THE CITY OF MIAMI BEACH,
a Florida Municipal Corporation (hereinafter referred to as "Lessee") .
WHEREFORE, in consideration of the rental to be paid herein, and further
good and valuable consideration, receipt of which is hereby acknowledged, and
the further consideration of the mutual covenants each to the other made as
follows:
1. Premises. The Lessor does hereby lease to the Lessee, Six Thousand
(6,000) square feet of the building and the remaining rear yard located
at 1833, 1835, and 1837 Bay Road, Miami Beach, Florida 33139. The above
premises are more particularly described as follows:
Lot 10, Block 13, AMENDED PLAT
OF ALTON BEACH REALTY COMPANY,
according to the Plat thereof
as recorded in Plat Book 9 at
Page 146 of the Public Records
of Dade County, Florida.
2. Term. This Lease is for the period of one (1) year, commencing on
December 1, 1989 and ending at midnight on November 30, 1990.
3. Rent. The Lessee agrees to pay to the said Lessor at the address listed
in this agreement, a yearly rental fee of Six and 18/100 Dollars ($6.18)
for each square foot of building space rented.
The annual rental shall be paid monthly in the amount of $3,090.00
by check, at the Lessee's discretion, and shall be payable on or about the
first of each month, commencing on December 1, 1989 and on the first day
of each successive month until the end (or earlier cancellation) of this
lease Agreement.
4. Use of the Leased Property. It is understood and agreed that the leased
premises shall be used by the Lessee for the operation, management,
business functions and direction of the Parking Department of the City of
Miami Beach and for any and all other lawful uses deemed in the Lessee's
best interest by the Lessee.
5. Telephone. Lessee shall pay its own costs for telephones it uses and any
additional installation it orders.
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6. Maintenance and Utilities. The Lessee will pay for the utilities
attributable for its use.
The Lessee agrees to maintain its own leased portion of the premises
in good order and repair, including furnishings, utility services
connections on the designated premises, and any routine mechanical and
electrical rearrangements installed by the Lessee, routine janitorial and
custodial service, and other related services necessary to maintain the
designated premises in a good, safe and sanitary condition.
7. Structural Alterations by lessee. The Lessee may not make major
structural alterations, additions and improvements upon the leased
premises without the prior written consent of the Lessor, which consent
shall not be unreasonably withheld.
8. Destruction of Leased Premises. In the event the leased premises shall
be damaged, destroyed or otherwise rendered unusable for the purpose of
this Agreement and thereby the fulfillment of this Lease by the parties
is rendered impossible, then and thereupon this Agreement shall terminate
and Lessor shall make no claim against Lessee, its agents or employees,
for damages or compensation should this Agreement be so terminated.
9. Assignment and Subletting. The Lessee shall not assign or otherwise
transfer this Lease nor sublease any portion of the premises without the
prior written consent of the Lessor.
10. Signs. Lessee shall assume the cost of any exterior signs. All signs
shall be removed by the Lessee upon the expiration of this Lease at
Lessee's own expense.
11. Lessor's Right of Entry. The Lessor shall have the right to re-enter and
repossess the premises and to cancel this Lease in the event of default
by the Lessee of any material covenant or agreement required to be
performed by the Lessee, which the Lessee shall be given an opportunity
to cure, upon the failure of the Lessee to substantially cure such default
within sixty (60) days after receipt from the Lessor of a written notice
to remedy the default.
12. Cancellation by the Lessee. This Agreement shall be subject to
cancellation by the Lessee upon the giving of thirty (30) days' written
notice to the Lessor of the Lessee's intent to cancel because the Lessee
is a governmental entity and is subject to the appropriation of funds by
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its legislative body in an amount sufficient to allow continuation of its
performance, in accordance with the terms and conditions of this Lease.
If due to lack of funding for this Lease, the Lessee cancels this Lease,
all of the parties' rights, duties, and obligations pursuant to this
contract shall automatically terminate after the giving of thirty (30)
days' written notice.
13. •b • 'am. ' - • 1 u . The Lessee and its employees, officials
or servants shall not be responsible for any damage or injury that may
occur to the Lessor, its agents, servants, employees, clients, other
Lessees or property from any cause during the period covered by this
Agreement. The Lessor expressly agrees to indemnify and hold the Lessee
harmless against any and all claims for loss, damage, injury or liability,
which may arise or accrue by reason of the use by Lessee of the leased
premises; provided that this paragraph shall not apply in the event the
damage or injury is caused by the Lessee, its agents, servants and
employees.
14. Taxes. Lessor shall be responsible for and pay all Federal , state and
local taxes on the designated premises or arising out of this Agreement.
15. Cancellation Upon Purchase. In the event that the parties hereto
successfully negotiate a purchase agreement regarding the property during
the term of this Agreement, then this Agreement shall automatically
terminate at the closing of such purchase agreement.
16. Notices. It is understood and agreed between the parties hereto that a
written notice, correctly addressed to the Lessor as follows:
Gloria Miller Rosenthal
1310 East Royal Palm Way
Boca Raton, Florida 33432
and notice to the Lessee as follows:
Rob W. Parkins
City Manager
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33119
which shall constitute sufficient notice to comply with this Lease.
Notice provided for in this paragraph shall include all notices
required by law. The parties, by giving written notice, as set forth
herein, may designate another address for receiving notices.
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17. CitY Manager. Any matter not expressly set forth herein shall be within
the reasonable discretion of the Lessee's City Manager or his designee.
18. Venue. Venue in any legal proceedings arising by virtue of this Agreement
shall be in Dade County, Florida.
19. inure Agreement. Any amendments, alterations, variations or
modifications of this Agreement shall only be valid when they have been
reduced to writing and duly signed by authorized officials of the Lessee
and the Lessor.
IN WITNESS WHEREOF, the parties have set their names hereto the day and
year first mentioned above.
LESSOR:
GLORIA MILLER ROSENTHAL
a/k/a Gloria Miller
I"
Gloria Miller Rosenthal
Witnesses:
/
C�
LESSEE:
CITY OF MIAMI BEACH, FLORIDA
By:
V/ -e_ MAYOR
Attest:
:61 CR/A-A-
C
ity Clerk '/i7 ei/P
FORM APPROVED BY LEGAL:
By:
DATE: 30. November 1989
mam/pc
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ORIGINAL
RESOLUTION NO. 89-19825
An agreement between Gloria Miller
Rosenthal, a/k/a Gloria Miller, an
individual, and the City of Miami Beach,
a Florida Municipal Corporation, for the
leasing of 1833-1837 Bay Road to provide
operational office space for the parking
department.
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