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RESOLUTION 91-20327 RESOLUTION NO. 91-20327 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 THE CHANNING-LENHOFF PARTNERSHIP FOR THE USE OF SPACE AT 6968 BAY DRIVE FOR TEMPORARY USE BY THE POLICE DEPARTMENT AND GRATEFULLY ACKNOWLEDGING AN IN-KIND DONATION FROM THE CHANNING PARTNERSHIP, 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 Bay Drive 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 6968 Bay Drive, owned by the Channing-Lenhoff Partnership; and WHEREAS, the Channing-Lenhoff Partnership 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 the Channing-Lenhoff Partnership for use of the space located at 6968 Bay Drive, 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 $4 ,200 plus sales tax from the Channing- Lenhoff Partnership, representing forgiveness of eight months ' rental fees for use of the premises. PASSED and ADOPTED this 10th day of July , 1991. ATTEST. it7 sTZrY1\14",_ Ait _41116r / 40 i()*J City Clerk ayor PNB: lm FORM APPROVED LE AL DEPT. 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'.- .. .. .. _ . X .,..•_ _..�.l•._.-_ .yr..r„•=!;P.. :• _ . _.i:{t1:4•`:*-cam T•'_..i.vti_ .'.'fa':r..w_.•.c._.._. r;,•1:•,..., .. .. ,. LEASE AGREEMENT THIS LEASE AGREEMENT, 1 O made and entered into this day of �'clicfIit?�''�1' JUI\iE 1991 by and between Channing 11 Via Varona, Palm Beach Gardens, Florida 33418, 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 6968 Bay Drive, Miami Beach, Florida 33141 consisting of approximately six hundred fifty (650) total square feet. 2 . Term. This lease is for the period commencing 15 June 1991 and ending at midnight on 28 February 1992 . 3 . Rent. The parties to this Lease agree that the monthly rental fee for the premises shall be ($525. 00) five hundred twenty five dollars and no/100 plus sales tax. Concurrently, the Lessee, acknowledges, pursuant to City Commission Resolution No. 91-20327 an in-kind donation from the Lessor in the amount of ($4 ,200. 00) plus sales tax 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 (3 0) 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. 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: John Channing 11 Via Varona Palm Beach Gardens, Florida 33418 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. Witnes-e • LESSOR: 7ily,j ks _ iiiiiiiir ,. A:, . . 4.0,, , G ‘,....- AP ,,,, , - (...., )4A___ Ai/ Matias a ure and 'i e. . . Or Z—.... MY Attest: LESSEE: MAUWWWORMALIOLWt rA,,,,,,,,A, CCITY 0 4750,1 , FLO. (A By: ALACLA , irM. or MYS/pb FORM APPROVED LEGAL DEPT. B y ---"' 7e-.4‘7-j-,i)t -. ..-..._.- Date 773/ 7 ORIGINAL RESOLUTION NO. 91-20327 Authorizing the Mayor to execute a lease agreement by and between the City and the Channing-Lenhoff Partnership for the use of space at 6968 Bay Drive for temporary use by the Police Department and gratefully acknowlwdging an in-kind donation from the Channing Partnership, forgiving the rent for the leased premises.