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RESOLUTION 90-20029 RESOLUTION NO. 90-20029 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR AND THE CITY CLERK TO EXECUTE A LEASE AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND DADE COUNTY, FLORIDA, FOR THE USE OF THE SECOND FLOOR IN HISTORIC CITY HALL FOR THE OFFICES OF THE COUNTY COURT AND COUNTY CLERK AND PERMITTING PARKING FOR COUNTY PERSONNEL IN THE ADJACENT PARKING GARAGE WHEREAS, the City of Miami Beach provided office space for the offices of the County Court and the County Clerk at the old Miami Beach Police Department site for many years; and WHEREAS, subsequent to completion of the restoration of Historic City Hall , located at 1130 Washington Avenue, Miami Beach, Florida, in 1986, offices of the County Court and County Clerk were located to the Second Floor of the facility (the Premises) ; and WHEREAS, Dade County desires to continue to use the Premises and parking area for County business and has proposed a formal lease agreement; and WHEREAS, the lease agreement provides for a one year term beginning October 1, 1990, which is automatically renewable, an annual rental of One Dollar ($1. 00) and provides for the County to pay electrical and air conditioning services consumed by its operations and a pro rata share of security services supplied by the City. NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and the City Clerk are hereby authorized to execute the lease agreement between the City of Miami Beach and Dade County for use of office space in Historic City Hall located at 1130 Washington Avenue, Miami Beach, Florida and permitting parking for County personnel in the adjacent parking garage. PASSED AND ADOPTED THIS 11th day of July , 1990 . .. _ ,-- 7----- 0 •R ATTEST: FORM APPROVED .4,0'''v ---Ziez40.4,4 Ciii,„ Qa-1-*/ LEGAL DEPT. _7_______ CITY CLERK1316 .4-..„..i ?2. t/zi-d----- Date 7, 4/i° &eel /!4 I eaeA -p:F ,v_" FLORIDA 3 3 1 3 9 M��4c, * INCORPI'ORATEDj "VAC'ATIONLAND U. S. A. " OFFICE OF THE CITY MANAGER CITY HALL ROB W.PARKINS 1700 CONVENTION CENTER DRIVE CITY MANAGER TELEPHONE: 673-7010 °0 COMMISSION MEMORANDUM NO. / DATE: July 11, 1990 TO: Mayor Alex Daoud and Members of the'Caty Commission dYc)/ FROM: Rob W. Parkins City Manager v LEASE AGREEMENT WITH DADE COUNTY FOR USE OF THE SECOND SUBJECT: FLOOR IN HISTORIC CITY HALL AND PERMITTING PARKING FOR COUNTY PERSONNEL IN THE ADJACENT PARKING GARAGE FOR OFFICES OF THE COUNTY COURT AND COUNTY CLERK BACKGROUND INFORMATION: Historically, the City of Miami Beach provided office space for the offices of the County Court at the old Miami Beach Police Department site, an arrangement which provided more efficient and convenient accessibility for officers and the public. In 1986, upon the completion of the restoration of Historic City Hall, located at 1130 Washington Avenue, the offices of the County Court and County Clerk were relocated to the Second Floor of the restored facility. In addition to providing for the court, this arrangement also provides Miami Beach residents with ready access to the services of the County Clerk such as the payment of some traffic tickets and obtaining marriage licenses. Under the proposed lease agreement, the term of which begins October 1, 1990 and terminates September 30, 1991 and is automatically renewable thereafter unless cancelled by either party, Dade County will continue to use the designated space at a minimal annual rent of $1. 00 . However, the County will be responsibility for payment of electrical utility costs, air conditioning costs and the costs of providing additional security services, based on a pro rata share of floor space occupied in Historic City Hall . ADMINISTRATION RECOMMENDATION: The City Administration recommends that the City Commission approve a Resolution authorizing the Mayor and City Clerk to execute a Lease Agreement with Dade County, Florida for the use of the Second Floor in Historic City Hall and Permitting Parking for County Personnel in the adjacent Parking Garage for the Offices of the County Court and County Clerk. RWP:WHH:HCM:hm 21 AGENDA (1 b ITEM DATE /7- r1 = to U t<• A N li U M Agenda Item No. 5 (e ) ( 12 ) TO: Honorable Mayor and Members DATE: March 19 , 1991 Boar. of County ' s • rs 405k - SUBJECT: Lease Agreement at 1130 FROM: J" qu / G. Avino, P.E. , P.L.S . Washington Avenue, Miami C.unty Manager Beach, for County Courts and Clerk ' s Offices Property # 3234-01-00 The following Lease Agreement prepared by the City of Miami Beach has been reviewed by the Department of Development and Facilities Management at the request of the the Court Administrator, 11th Judicial Circuit and is recommended for approval . PROPERTY : Historic City Hall of Miami Beach. 1130 Washington Avenue, Miami Beach. OWNER: City of Miami Beach. USE: 6 , 148 square feet of courtroom and office space with six assigned parking spaces and 15 additional spaces on a space-available basis for use by the County Courts and Clerk of the Court. JUSTIFICATION: The City of Miami Beach has provided this space to the County for seventeen years without a formal lease agreement. The City has requested that this arrangement be formalized in order to define legal liability and to designate responsibility for reimbursement of operating costs . LEASE TERM: One year. RENTAL RATES : Annual rent $1 .00 . LEASE CONDITIONS : Tenant pays for interior maintenance, electricity, janitorial services , pro-rata share of security and chilled water for air conditioning. This is estimated to cost $22 , 500 annually. • EFFECTIVE DATES : Commencing upon approval by the Board and terminating one year later. RENEWAL OPTION: Automatic one year renewal options . CANCELLATION PROVISION: Tenant shall have the right to cancel by giving ninety days written notice. FORMER LEASE: None. FUNDING SOURCE: Administrative Office of the Courts . This item has been scheduled for review by the Internal Management/Tourism Committee on March 12 , 1991 . Agenda Item No. 5 (e ) ( 12 ) • 3-19-91 RESOLUTION NO. R-261-91 RESOLUTION AUTHORIZING EXECUTION OF LEASE AGREEMENT WITH THE CITY .OF MIAMI BEACH FOR PREMISES LOCATED AT 1130 WASHINGTON AVENUE, MIAMI BEACH, TO BE USED BY DADE COUNTY FOR ITS COURTS AND COUNTY CLERKS OFFICES AND AUTHORIZING COUNTY MANAGER TQ EXERCISE RENEWAL AND CANCELLATION PROVISIONS CONTAINED THEREIN WHEREAS , this Board desires to accomplish theur oses P P outlined in the accompanying memorandum, a copy of which is incorporated herein by reference, NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF DADE COUNTY, FLORIDA, that this Board hereby approves the Lease Agreement between Dade County and the City of Miami Beach for premises to be used by Dade Countyfor its County y Courts and County Clerks Offices , in substantiallythe form attached hereto and made a part hereof; and authorizes theo C unty Manager to execute same for and on behalf of Dade County . The foregoing Resolution was offered byCommissioner ner Larry Hawkins , who moved its adoption.. P The motion was seconded by Commissioner Sherman S. Winn and upon being put to a vote, the vote was as follows : Mary Collins absent Charles Dusseau aye Joseph M. Gersten aYe Larry Hawkins aye Alexander Penelas aye Harvey Ruvin aye Arthur E. Teele, Jr. aye Sherman S . Winn e Stephena P. Clarky absent 1 Agenda Item No. 5 (e ) ( 12 ) Page No. 2 The Mayor thereupon declared the Resolution duly passed and adopted this 19th day of March, 1991 . .y, 0 A o 0 •. DADE COUNTY, FLORIDA A."` 0 ' BY ITS BOARD OF COUNTY 2 r COUNTY COMMISSIONERS J � oR 4) MARSHALL ADER, CLERK 4-** • RAYMOND REED Approved by County Attorney as to By: form and legal sufficiency. 0271,1i ' Deputy Clerk P Y • LEASE AGREEMENT RP'? elt THIS IREZECAODEUE LEASE AGPtEMENT, made on the day of 1990, by and between the CITY OF MIAMI BEACH, hereinafter referred to as the "LANDLORD" and DADE COUNTY, a political subdivision of the State of Florida, hereinafter called the " WITNESST H: 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: 1. Within Historic City Hall, located at 1130 Washington Avenue, Miami Beach, Florida the following space: Second Floor - Approximately 6,148 square feet, consisting of all available office space, as described on Attachment I; 2. Within the parking structure adjacent to Historic City Hall, six (6) parking spaces assigned exclusively for the use of County employees and additionally a maximum of fifteen (15) parking permits issued for the use of County employees on a space-available basis in the parking structure. • TO HAVE AND TO HOLD unto the said TENANT for the term of One (1) year, Commencing upon approval by the Board of County Ccr►rni s s ismer s, rjWirt_ r �. --i;--1993--and- irrrg-Se -a&T-±•9 1, for and at a total annual rental of One Dollar and No/100 ($1.00) , payable in advance •assay s t q ;o buTuuT baq agq 4p u-t air nates uoT gTpuoo a'.g uT s e sTwaad atm s;daooa Agaxaq INVNaI ate, SaSINEEd 30 NOiLIaNOD II 2 IDLMV •oTTgnd Tazauab agq ao; pa n o;gad saoTA- as "urqua ATTXssaoau TTTM tt0-r4t 104alagq TruapTout ) IoM ;o aoustuzo;aad at4 ao; pue saT4Tiotpna pine saToua5p 's; ap A4unoD Aq ssautsnq AunoD ;o aoupw o;.Iad ac4 ao; INV= atm Aq pasn aq TT s sasTwaad pasTwap atm ;o ears atm sasiwedd crtsiwaU 30 2sn Iaamidv :olauan SaILUVd SAI , d,SI ,ti u.T, AEI aqm,mv CNN amIsuaaNn LarrinInw = n.S SI II •;aa.zalp uaa4 remauaa Aus ao asaaq sTqg ;o uoT4Pa dxa alp oq aoTad slap (0 6) 1 auTu aspaT 4p buT�Tam uT aoT4ou A4apd 19440 atm bITAT5 Aq asPaj sTqg Mauaa 4ou aiTsap s4T aepoTpu t TTpqs A4apd .zatma •aims a4wuTu aa4 TTpqs ogaa-ag4 A4apd aaLPTa se auT4 eons Tnun ATTpoT4Pwo4ne Mauaa ptr2 apaA o4 xeaA ma: a;;a uT anuT41100 "Urals 4T 'gtripjap uT asTMzalpo 4ou sT aspsT1.14 papTnoad •buT.Tam uT aggu.5Tsap amp ° a ii m wox; �stu CH IQiVI aq4 SP uosaad aatpo eons 04 pup aopTd aaLpo Mons qp ao '6E T E E ap T1oT3 'uo Tur2TW 'aAT.zU aaqua3 uoTluanuoD OOLT 11.10.29E BTW ;o 'TD '41195V buT sp-4o.znd at4 ;0 aoT;;o 4P as sT1.14 ;o waa4 atm ;o Asp 4sa7; etp a.zo;aq ARTICLE III JANITORIAL SERVICES AND UTILITIES The TENANT, during the term hereof, shall pay all charges for janitorial services, heating and air conditioning services, and electricity used by the TENANT. The TENANT shall pay the LANDLORD for heating and air conditioning services by paying the LANDLORD's costs of chilled water for air conditioning consumed by the TENANT, as measured by the meter located on the air handler on the Leased Premises. The TENANT shall pay the utility company directly for electrical services. The LANDLORD shall pay charges for water services used by 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: Interior common areas on the second floor consisting of approximately 1,861 square feet to be used for lobby, waiting area, stairs, vestibule, public restroams and service closets for janitorial, electrical and telephone equipment. Upon failure of the LANDLORD to effect repairs, pursuant to this Lease, after thirty (3 0) days written notification to do so by the TENANT, the TENANT may cause the repairs to be made and deduct their cost from the rental payments due and to became due until in each instance the TENANT has fully recovered such costs in accordance with audited costs of repair furnished by the TENANT to the LANDLORD. -3- The TENANT shall be responsible for the interior of the demised premises. All. improvements necessary for TENANT business purposes shall be completed at the expense of the TENANT. ARTICLE V ALTERATIONS BY TENANT The TENANT may not make any alterations, additions or improvements in or to the premises without 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 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 DESTRUC rION 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 untenantable or unfit for the purpose of the TENANT, either party may cancel this lease by the giving of written notice to the other; however, if neither party shall exercise the foregoing right of cancellation within thirty (30) days after the date of such destruction or damage, the LANDLORD shall cause the building and demised premises to be repaired and placed in good condition as soon as practical thereafter. -4- In the event of cancellation the TENANT shall be liable for rents only until the date of such fire, windstorm or other casualty. ARTICLE VII NO LIABILITY FOR PERSONAL PROPERTY Y All personal property placed or moved in theremises above described stied shall be at the risk of the 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 S The TENANT shall not place nor cause to be placed, any signs on the exterior of the building. J Interior 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 SECURITY LANDLORD intends to contract for a private security firm to provide security services in the common areas of the Historic City Hall complex. TENANT agrees to pay an mount to LANDLORD on a prorata shared basis, based on square footage of leased space, with other tenants in Historic City Hall, to defray the cost to LANDLORD of providing said security service. -5- LANDLORD shall bill TENANT on a monthly basis for the pro-rata share of 29% of the cost of providing said security service. ARTICLE X 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 ninety (90) days before the expiration of this Lease. ARTICLE XI PEACEFUL POSSESSION Subject to the terms, conditions and covenants of this Lease, LANDLORD agrees that TENANT shall and may peaceably have, hold and enjoy the premises above described, without hindrance or molestation by LANDLORD. ARTICLE XII SURRENDER, ER OF PREMISES TENANT agrees to surrender to LANDLORD, at the end of the term of this Lease or any extension thereof, said leased premises in as good condition as 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. • ARTICLE XIII INDEMNIFICATION AND HOLD HARMLESS The TENANT does hereby agree to indemnify, defend and hold the LANDLORD harmless, to the extent of the limitations included within Florida Statutes, Section 768.28, from any and all claims, liability, losses and causes of actions which may arise as a result of any act, error or omission of the TENANT or its agents, employees, or invitees relating to the premises; however, nothing in this Article shall indemnify the LANDLORD for any liability or claim arising out of the negligent performance or failure of performance required of the LANDLORD. ARTICLE XIV SUCCESSOR IN mgrEREsT It is hereby covenanted and agreed between the parties hereto that all covenants, conditions, agreements and undertakings contained in this Lease shall extend to and be binding on the respective successors and assigns of the respective parties hereto, the same as if they were in every case named and 1 expressed. ARTICLE XV SUBORDINATION The TENANT covenants that this Lease is and at all times shall be subject and subordinate to the lien of any mortgages now existing or which the LANDLORD or any subsequent owner of the demised premises shall make covering said demised premises, or the building of which said premises are a part, and to any and all advances made or to be made under said mortgage or mortgages and to the interest thereon. ARTICLE XVI CANCELLATION The TENANT, through its County Manager or his designee, shall have the right to cancel this Lease Agreement at any time by giving the LANDLORD at least ninety (90) days written notice prior to its effective date. -7_ 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, Department of Development and Facilities Management, 111. N.W. 1st Street, Suite 2930, Miami, Florida 33128, shall constitute sufficient notice to the TENANT, and written notice addressed to LANDLORD, and mailed or delivered to the address of the LANDLORD, City Manager, City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, shall constitute sufficient 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 XIII WRITITI\I 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 the Board of County Commissioners. -8- 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 11 • BEACH (LANDLORD) //' - / /1 City Clerk •:'ex Dao : , .yor (I,AMIARD) FORM APPROVED LEGAL DEPT. (oFTzcIAL SEAL) By Date 7t/S/7 d ATTEST: DADE COUNTY, FLORIDA BY ITS BOARD OF RICHARD P. 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STATE OF FLORIDA ) ) SS: COUNTY OF DADE ) I, MARSHALL ADER, Clerk of the Circuit Court in and for Dade County, Florida, and Ex-Officio Clerk of the Board of County Commissioners of said County, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of Resolution No. R-261-91 , adopted by the said Board of County Commissioners at its meetingheld March 19 ��1 on 19 IN WITNESS WHEREOF, I have hereunto set my hand and official seal on this 25th day of March , A.D. 19 91 MARSHALL ADER, Clerk Board of County Commissioners Dade County, Florida f By 4-Cm %et/ Deputy Clerk "GO MM/s COUNTY m 0VALR/ ••� * * �• ••••••••• Board of County Commissioners Dade County, Florida 102.01-3 Rev. 12/90 MEMO OAOPOSA MAT MOT. ORIGINAL AESOLUTION NO. 90-20029 Authorizing the Mayor and :he City Clerk to execute a lease agreement. between the City of Miami Beach and Dade County, Florida, for the use of the second floor in Historic City Hall for the offices of the County Court and County Clerk and permitting parking for County Personnel in the adjacent parking garage.