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RESOLUTION 91-20303 RESOLUTION NO. 91-20303 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA AUTHORIZING THE MAYOR TO EXECUTE A LEASE AGREEMENT BY AND BETWEEN THE CITY AND MICHAEL SCHNEIDER FOR THE USE OF SPACE AT 1195 71st STREET FOR TEMPORARY USE BY THE POLICE DEPARTMENT AND GRATEFULLY ACKNOWLEDGING AN IN-KIND DONATION FROM MICHAEL SCHNEIDER, FORGIVING THE RENT FOR THE LEASED PREMISES. WHEREAS, community policing is the willingness of the police and the community to work together to solve problems, and because the Police Department cannot effectively function without the mutual understanding, respect and cooperation of the community, a police mini-station located on 71st Street will be created, providing a neighborhood location for community/police interaction; and WHEREAS, a suitable location for operating the mini-station has been identified, a building located at 1195 - 71 Street, owned by Michael Schneider; and WHEREAS, Michael Schneider has offered to forgive the usua.l and customary monthly rental fee for use of the premises and offer it as a community service to the City of Miami Beach on a gratis basis; and WHEREAS, The City Manager has recommended execution of a lease agreement for use of the premises and the City Attorney' s Office has approved it as to form. NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, as follows: 1. The Mayor and the City Clerk are hereby authorized to execute the Lease Agreement between the City of Miami Beach and Michael Schneider for use of the space located at 1195 - 71st Street, Miami Beach, Florida for use by the Police Department for the operation of a mini- station; and 2 . The City Commission gratefully acknowledges an in-kind donation of $3 , 850 from Michael Schneider, representing forgiveness of seven months' rental . fees for use of the premises. PASSED and ADOPTED this 5th day of June , 1991. ApPr MAYoR - , ATTEST: c,f\A CgyoNA, CITY CLERK FORM APPROVED LEG L DEPT. Date . 3v ' ...y... - _ -'Y.. V s. .. '.i"J.r>..........-i.._:.._...._:1'_t...--i... __.._.✓....-.-.: ...moi.... -.. . .. -ti..._�. .ydl. ?... ...`•..4i:.. .. n'fSO w.....•.ic''.`..........c.'• ...-...•{L._.[s:.../..... 7.._. t_....'-....-a::.-c .... a.•..<.as-w'rd.-..r. a i...-:`. w'_. i.._ »......i• --».v.:....-c. _•.• .... '7.:_.- .-. .Y • . . • . a,/ 4 t mmee . . . • • . .7,t • .• •• • . . . • . . • "ri FLORIDA 3 3 1 3 9 /.. -**. k iINCORP ORAIED * °°V A C'A TIONL A ND U. S. A • 4-•<.;,. ..--N OFFICE OF THE CITY MANAGER CITY HALL 1700 CONVENTION CENTER DRIVE TELEPHONE: 673-7010 0 D COMMISSION MEMORANDUM NO. /, DATE: June 5, 1991 TO: Mayor Alex Daoud and Members of the City Commission moi` FROM: Carla Bernabei Talarico -ZI1 City Manager SUBJECT: LEASE AGREEMENT WITH MICHAEL SCHNEIDER FOR USE OF PROPERTY LOCATED AT 1195 - 71st STREET, FOR USE BY THE MIAMI BEACH POLICE DEPARTMENT BACKGROUND: Community Policing is the willingness of the police and the community to work together to solve problems. The Police Department cannot effectively function without the mutual understanding, respect and cooperation of the community it serves. A facility that can provide a friendly, neighborhood location for increasing favorable community/police interaction is necessary to achieve this goal. The creation of a mini-police station located on 71st Street will provide easy access to the public for police services, and meet the objectives stated above. Suitable quarters have been located for the 71st Street police mini-station, at 1195 P - 71st Street, owned by Michael Schneider. Under the proposed Lease Agreement, Michael Schneider has offered the location as a community service to the City without charge of the usual rental fee of $550 per month. The City will be responsible for telephone and utilities and for any minor modifications associated with the occupancy of the premises. The term of the lease is beginning 15 May 1991 and terminating 2 January 1992 . ADMINISTRATIVE RECOMMENDATION: The City Administration recommends that the City Commission approve a Resolution authorizing the Mayor and City Clerk to execute a Lease Agreement with Michael Schneider for use of 1195 - 71st Street by the Miami Beach Police Department, acknowledging the forgiveness of rental fees. 16 CBT/MYS/pb AGENDA e -Z7/- ITEM DATE c ' LEASE AGREEMENT THIS LEASE AGREEMENT, made and entered into this 7th day of June 1991 by and between Michael Schneider, 1203 - 71st Street, Miami Beach, Florida 33141, a Florida Corporation (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 other good and valuable consideration, receipt of which is hereby acknowledged, and the further consideration of the mutual covenants each to the other made, the parties agree as follows: 1. Premises. The Lessor does hereby lease to the Lessee, the premises located at 1195 - 71st Street, Miami Beach, Florida 33141 consisting of approximately seven hundred fifty (750) total square feet. 2 . Term. This lease is for the period commencing 15 May 1991 and ending at midnight on 2 January 1992 . 3 . Rent. The parties to this Lease agree that the monthly rental fee for the premises shall be ($550. 00) five hundred fifty dollars and no/100. Concurrently, the Lessee, acknowledges, pursuant to City Commission Resolution No. 91-20303 , an in-kind donation from the Lessor in the amount of ($3 , 850. 00) and which contribution shall have the effect of forgiving rent for the term of this Lease. 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 Police Department of the City of Miami Beach for the operation of a police mini-station consisting of one Police Officer or Public Safety Specialist, which will operate with additional staffing as necessitated. 5. Telephone. Lessee shall pay its own costs for telephones it uses and any additional installation it orders. 6. Maintenance and Utilities. The Lessee will pay for the utilities attributable to its use. The Lessee agrees to accept the premises in "as is" condition and agrees to maintain the premises in a good, safe and sanitary condition. 7 . Structural Alterations by Lessee. The Lessee may not make any major structural alterations, additions or 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. This lease shall not be assigned or otherwise transferred or sublet without the prior written consent of the other party. 10. 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 receipts from the Lessor of a written notice to remedy the default. 11 . Cancellation by Lessor. This Agreement shall be subject to cancellation by the Lessor upon the giving of sixty (60) days written notice of the Lessor's need for the premises and it's intent to cancel. 12 . Cancellation by the Lessee. This Agreement shall be subject to cancellation by the Lessee upon the giving of thirty (3 0) 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 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 . Liability for Damage or Injury. To the limits set forth in Florida Statutes 768 . 28, Lessee shall be liable to Lessor for any damage or injury to the Lessor arising out of any negligent act or omission of the Lessee in connection with the Lessee ' s occupancy of the Premises. Lessor acknowledges that Lessee is self-insured, and the foregoing obligation will be funded through the City's self insurance program. 14 . Taxes. Lessor will be responsible for and pay all Federal, State and local taxes on the demised premises or arising mit of this Agreement. Lessor not responsible for sales tax. 15. Notices. It is understood and agreed between the parties hereto that a written notice mailed in the U.S. mail, Certified Mail, Return Receipt Requested, correctly addressed to the Lessor as follows: Michael Schneider 1203 - 71st Street Miami Beach, Florida 33141 and notice to the Lessee as follows: Carla Bernabei Talarico, City Manager • Carla Bernabei Talarico, City Manager CITY OF MIAMI BEACH 1700 Convention Center Drive Miami Beach, Florida 33139 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. 16. City Manager. Any matter not expressly set forth herein shall be within the reasonable discretion of the Lessee's City Manager or his designee. 17 . Venue. Venue in any legal proceedings arising by virtue of this Agreement shall be in Dade County, Florida. 18. Entire 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. Witnesses: LESSOR: APV-laig" -71I/ M A HN D �. 7 r Signature and Title LESSEE: ,"/e CITY OF 9EAØLORI K pr Ma,'or ATTEST: FORM APPROVED cei LEGAL DEPT. City Clerk Date 4/$/f( ORIGINAL RESOLUTION NO. 91-20303 Authorizing the Mayor to execute a lease agreement by and between the City and Michael Schneider for the use of space at 1195 - 71st Street for temporary use by the Police Department and gratefully acknowledging an in-kind donation from Michael Schneider, forgiving the rent for the leased premises.