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RESOLUTION 91-20304 RESOLUTION NO. 91-20304 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 KONOVER PROPERTIES, INC. FOR THE USE OF SPACE AT 768 ARTHUR GODFREY ROAD FOR TEMPORARY USE BY THE POLICE DEPARTMENT AND GRATEFULLY ACKNOWLEDGING AN IN-KIND DONATION FROM KONOVER PROPERTIES, INC. , 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 41st 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 768 Arthur Godfrey Road, owned by Konover Properties, Inc. ; and WHEREAS, Konover Properties, Inc. has offered to forgive the usual 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 Konover Properties, Inc. for use of the space located at 768 Arthur Godfrey Road, 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 $6, 300 from Konover Properties, Inc. , representing forgiveness of seven months ' rental • fees for use of the premises. PASSED and ADOPTED this 5th day of June , 1991. TiAit _4/i 4/ 4 OR ATTEST: FORM APPROVED CITY CLERK LEGAL DEPT. Date ' Z3y"9i' . - .a _. .4_..ty..t`r�:,a,;_"i1.:-'.J,,•—�.L4 ._ rt >.fe ....a.<._� `-- efret 06 . iffearati vead - -�� FLORIDA 3 3 1 3 9 ,.. .--. -cti, .. *‘INCQRP OED * ..VA C A TION L A ND U. S. A '4,-cH 26'\°' CITY HALL OFFICE OF THE CITY MANAGER 1700 CONVENTION CENTER DRIVE TELEPHONE: 673-7010 COMMISSION MEMORANDUM NO. /?,7_1-(71 DATE: June 5, 1991 TO: Mayor Alex Daoud and Members of the City Commission iv. orz., FROM: Carla Bernabei Talarico %19 City Manager PROPERTIES, INC. FOR WITH KONOVER SUBJECT: LEASE AGREEMENT USE OF PROPERTY LOCATED AT 768 ARTHUR GODFREY ROAD, FOR USE BY THE MIAMI BEACH POLICE DEPARTMENT BACKGROUND: willingness Community Policing is the w of the police and the g The Police • to work together to solve problems. community function without the mutual Department cannot effectively it serves. p respect and cooperation of the community understanding, . that r friendly,i endl neighborhood location for A facility can provide , y . is necessary to increasingfavorable community/police interaction creation of amini-police station located achieve this goal. The public for police Street will provide easy access to the • on 41st • objectives stated above. Suitable quarters services, and meet the at 768 been located for the 41st Street police mini-station, havender the GodfreyRoad, owned by Konover Properties, Inc.c Arthur Konover Properties,, Inc. has offered the proposed Lease Agreement, p charge of the a communityg location as service to the City without c per month. The City will be responsible usual rental fee of $900 modifications for telephone and utilities and for any minor ns • occupancy of the premises. The term of the associated with the p y leaseg 2 is beginning 15 May 1991 and terminating January 1992 . ADMINISTRATIVE RECOMMENDATION: The City Administration recommends that the City Commission approve a Resolution authorizingthe Mayor and City Clerk to execute a Lease Agreement with Konover Properties, Inc. for use of 768 Arthur Godfrey Road bythe Miami Beach Police Department, acknowledging the forgiveness of rental fees. .3 CBT/MYS/pb • AGENDA_cle i _ ITEM fDATEç:.c;/ LEASE AGREEMENT THIS LEASE AGREEMENT, made and entered into this 7th day of June 1991 by and between Konover Properties, Inc. , 4014 Chase Avenue, Miami Beach, Florida 33140, 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 768 Arthur Godfrey Road, Miami Beach, Florida 33140 consisting of approximately six hundred fifty (650) 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 ($900. 00) nine hundred dollars and no/100. Concurrently, the Lessee, acknowledges, pursuant to City Commission Resolution No. 91-20304 , an in-kind donation from the Lessor in the amount of ($6, 300. 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. lation by Lessor. This Agreement shall be sut e-ct..., t _ at t b the Lessor upon the g i v i g—zsf---is i-x t ..-__c.6 0j___d a y s written notice of the Lessor 's need for the premier__-a d----4t-Ls , t4 — ent--tai—ca nce �� _-- 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 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 out of this Agreement. 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: Ted Konover KONOVER PROPERTIES, INC. 4014 Chase Avenue Miami Beach, Florida 33140 and notice to the Lessee as follows: 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. W' e LESSOR: ._14},YI KON VER PROPERT ES, INC. LW-Zs- .1cazt -4 -7.1 4 i/Diest &t/i Signat a an: Title Attest: LESSEE: +C tkiLA,A CITY 0 M /' :EA ' LORI By: / Ma •r FORM APPROVED LEGAL DEPT. By Date .7//' ORIGINAL RESOLUTION NO. 91-20304 Authorizing the Mayor to execute a lease agreement by and between the City and Konover Properties, Inc. for the use of space at 768 Arthur Godfrey Road for temporary use by the Police Department and gratefully acknowledging an in-kind donation from Konover Properties, Inc. , forgiving the rent for the leased premises,