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RESOLUTION 91-20422 Resolution No. 91-20422 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING A LEASE AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND THE LITTLE HAVANA ACTIVITIES AND NUTRITION CENTERS OF DADE COUNTY, INC. FOR THE USE OF A PORTION OF THE SOUTH SHORE COMMUNITY CENTER. WHEREAS, the City of Miami Beach operates the South Shore Community Center at 833 6th Street, and WHEREAS, the City of Miami Beach is desirous of making maximum utilization of this facility, and WHEREAS, the Little Havana Activities and Nutrition Centers of Dade County, Inc. (LHANC) wishes to operate child care services for the residents of the City of Miami Beach, and WHEREAS, the City of Miami Beach Planning Board approved the LHANC request for conditional use of South Shore Community Center for a child care center, NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the City of Miami Beach enter into a Lease Agreement with the Little Havana Activities and Nutrition Centers of Dade County, Inc. for the use of a portion of the South Shore Community Center for the provision of child care services. PASSED AND ADOPTED THIS 18th a •f Decemb- 17 . )°' MAYOR ATTEST: j ' FORM APPROVED niL;gt 'Anot, 0-,Yah,vezt CITY CLERK LEGAL DEPT. AR miw / 6 Date /2M/ff ' ._ _..... ..._. . 1. '. ..-_. .. -... .y. _. _.. _ __.. .. • .. _.... .. _rte.:.-' _ - . _ _-. _ - ._ .. .. CITY OF MIAMI BEACH t_r;1 CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139 OFFICE OF THE CITY MANAGER TELEPHONE: (305) 673-7010 FAX: (305) 673-7782 COMMISSION MEMORANDUM NO. December 18, 1991 DATE: TO: Mayor Seymour Gelber and Members of the City Commission FROM: Carla Bernabei Talarico City Manager SUBJECT: LEASE AGREEMENT WITH LITTLE HAVANA ACTIVITIES AND NUTRITION CENTERS OF DADE COUNTY, INC. FOR THE USE OF A PORTION OF SOUTH SHORE COMMUNITY CENTER FOR THE PROVISION OF CHILD CARE SERVICES In a joint effort to make maximum use of City owned facilities, the Parks and Recreation Department and Department of Economic and Community Development have entered into discussions with the Little Havana Activities and Nutrition Centers of Dade County, Inc. (LHANC) for the use of a portion of the South Shore Community Center located at 833 6th Street for the provision of child care services to the residents of the City of Miami Beach. In conjunction with the discussions, the LHANC is slated to be a recipient of Community Development Block Grant (CDBG) funding pursuant to Resolution 91-20330 adopted by the City Commission on July 10, 1991. This Resolution approved the Year Seventeen Community Development "Final Statement of Objectives and Projected Use of Funds" for the program year which commenced on October 1, 1991, and continues through September 30, 1992 , and authorized specific allocations for projects/activities. This grant includes a new 50 slot child day care center to be located at South Shore Community Center. The CDBG Contractual Agreement for the LHANC is on the December 18 agenda as Item C-4 .A(4) for the operation of the Child Day Care Center. This day care center will provide essential subsidized child care in the South Beach area. After renovation of South Shore Community Center to meet H.R.S. standards, 50 subsidized child day care slots will be provided where the demographics indicate there are families in need of these services. In order to undertake this project, it is essential that the City enter into a lease agreement with LHANC for that portion of the South Shore Community Center that will house the Child Day Care Program. ADMINISTRATION RECOMMENDATION: The Administration recommends approval of the Lease Agreement between the City of Miami Beach and Little Havana Activities and Nutrition Centers of Dade County, Inc. for the use of a portion of South Shore Community Center for the operation of Child Day Care services for the residents of Miami Beach. CBT/AR/mlw :4: 4 AGENDA ITEM DATE /oil 46 5°'9/ T THIS LEASE AGREEMENT, made on the 18th day of December 1991, by and between the CITY OF MIAMI BEACH, a political subdivision of the State of Florida, hereinafter called the "LESSOR, " and LITTLE HAVANA ACTIVITIES AND NUTRITION CENTERS OF DADS _ U1'T. 1 �_� , . . r a Florida non-profit organization, hereinafter called the "LESSEE. " WITNESSET H: That the LESSOR, for and in consideration of the restrictions and covenants herein contained, hereby leases to the LESSEE, and the LESSEE hereby agrees to hire from the LESSOR, the premises described as follows: That portion of the South Shore Community Center located at 833 6th Street - 618 Meridian Ave. , Miami Beach, FL 33139, shown on Exhibit A attached hereto, containing approximately 9, 450 square feet, including outdoor and indoor space. TO HAVE AND TO HOLD unto the said LESSEE for a term of five (5) years, commencing January 1 , 1992, and terminating December 31 , 1996, for and at a total rental of Five and no/100 ($5. 00) Dollars, payable in equal annual installments of One and no/100 ($1. 00) Dollar, payable in advance on the first day of every anniversary of this lease at the offices of the LESSOR as specified in Paragraph XIX of this agreement, or at such other place and to such other person as the LESSOR may from time to time designate in writing. IT IS FURTHER MUTUALLY UNDERSTOOD AND AGREED BY THE RESPECTIVE PARTIES HERETO: I. USE OF DEMISED PREMISES The area of the demised premises shall be used by the LESSEE for the performance and delivery of child care services to the residents of the City of Miami Beach. It is specifically agreed and understood that the LESSEE shall continuously provide those services at the demised premises throughout the term of this Lease and any renewals or extensions hereof. If the LESSEE wishes to alter, expand, reduce or diversify the level and kind of service provided for under the terms of this Agreement, prior written authorization for said change (s) must be received in writing from the City Manager or his/her designee. Any change of use without the prior written consent of the City Manager shall cause this lease to automatically terminate. II. CONDITION OF PREMISES The LESSOR, at its own expense, shall cause the demised premises to be in a state of good repair and suitable for usage by the LESSEE at the commencement of this Lease. Subject to the above, the LESSEE hereby accepts the premises in the condition they are in at the beginning of this Lease, and hereby waives any claim against the City with respect to condition of the premises. III. UTILITIES The LESSEE, during the term hereof, shall pay all charges for water and sewer services and electricity used by the LESSEE. Charges will be predicated on a square footage basis and due upon monthly notification by the City or its agent. IV. MAINTENANCE The LESSOR 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 air conditioning system in the building, the exterior of the building, and the landscaping and grounds surrounding the building. The LESSEE shall be responsible for the interior of the demised premises, custodial services, including waste removal services, cleaning of floors, windows and walls, as well as plumbing stoppages and all minor plumbing repairs. V. ALTERATIONS BY LESSEE The LESSEE may not make any alterations, additions or improvements in or to the premises without the written consent of the LESSOR, which consent shall not be unreasonably withheld by the LESSOR. All additions, fixtures or improvements (except 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. Provided however, that any carpeting and removable partitions installed by the LESSEE within the demised premises shall remain the LESSEES ' s property and may be removed by the LESSEE upon the expiration of the Lease Agreement or any renewal or cancellation thereof. VI . DESTRUCTION OF PREMISES In the event the demised premises should be destroyed or so damaged byfire, windstorm or other casualty to the extent that the g demisedP remises are rendered untenantable or unfit for the 3 purpose of the LESSEE, either party may cancel this Lease by the giving of written notice to the oth'r; however, is f neither party shall exercise the foregoing right of cancellation within thirty (3 0) days after the date of such destruction or damage, the LESSOR shall cause the building and demised premises to be repaired and placed in good condition as soon as practical thereafter. In the event of cancellation the LESSEE shall be liable for rents only until the date of such fire, windstorm or other casualty. In the event of partial destruction, which shall not render the demised premises wholly untenantable, the rents shall be proportionately abated in accordance with the extent to which the LESSEE shall be deprived of use and occupancy. The LESSEE shall not be liable for rent during such period of time as the premises shall not be totally untenantable by reason of fire, windstorm or other casualty. VII. HANDICAPPED The LESSOR agrees that the demised premises shall be changed to provide for conformance with the requirements of Section 255. 21, Florida Statutes, providing Standards for Special Facilities for the Physically Disabled. The LESSEE agrees to maintain the premises in conformance with such requirements. VIII. NO LIABILITY FOR PERSONAL PROPERTY All personal property placed or moved in the premises above described shall be at the risk of the LESSEE or the owner thereof. The LESSOR shall not be liable to LESSEE for any damage or theft to said personal property unless caused by or due to negligence of LESSOR, LESSOR' s agents or employees. 4 IX. SIGNS Exterior signs will be of the design and form of letter to be first approved by the LESSOR, the cost of painting to be paid by the LESSEE. All signs shall be removed by LESSEE 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 LESSEE. X. LESSOR'S RIGHT OF ENTRY LESSOR, 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 thirty (30) days before the expiration of this Lease XI. INSURANCE As additional consideration by LESSEE herein, LESSEE shall, at its own expense, comply with all of the following insurance requirements of the LESSOR. It is agreed by the parties that the LESSEE shall not occupy the premises until proof of the following insurance coverage has been furnished to the LESSOR. (a) Commercial General Liability in the amount of $500, 000. 00 Single Limit Bodily Injury and Property Damage Coverage for each occurrence. Blanket Contractual Liability coverage shall be included. The City of Miami Beach must be named as an additional insured on this policy. 5 (b) Worker' s compensation and employer' s liability coverage within the statutory limits of the State of Florida. (c) The insurance must be furnished by an insurance company rated q B+VI or better, or its equivalent according to Best's Guide Rating Book, or such other rating as may be approved by the City' s Risk Y Manager. (d) Thirty (30) daysprior written notice of cancellation of any coverage must be given bythe LESSEE to City of Miami Beach, c/o Risk Management Division,' on 1700 Convention Center Drive, Miami Beach, Florida, 33139 . Proof of these coverages must be provided g by submitting an original Certificate of Insurance to the LESSOR. XII. PEACEFUL POSSESSION Subject to the terms, conditions and covenants of this Lease, LESSOR agrees that LESSEE shall and may peaceably have, hold and enjoy the premises above described, without hindrance or molestation by LESSOR. XIII. SURRENDER OF PREMISES LESSEE agrees to surrender to LESSOR, at the end of the term of this Lease or any extension thereof, said leased premises in as good condition as saidpremises remises 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. XIV. INDEMNIFICATION AND HOLD HARMLESS p LESSOR shall not be responsible for any damage, theft or injury that may occur to LESSEE, its agents, servants, employees, staff, clients, 1 ► ' nvitees licensees or property from any cause, 6 excepting LESSOR'S negligence, during the term of this Lease. LESSEE hereby expressly releases LESSOR from and agrees to indemnify, defend all suits and hold LESSOR harmless against any and all claims for any such loss, damage, or injury, whether in contract or in tort, including any claims or liability for compensation under the Florida Worker's Compensation Act, any and all other public liability which may arise or accrue by reason of the use by LESSEE of the demised premises and shall pay all costs and judgments which may issue therefrom. XV. SUCCESSORS IN INTEREST 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 expressed. XVI. PARKING The LESSOR shall provide 8 designated parking spaces for use by the LESSEE at a cost of $25. 00 per parking space per year. XVII. OPTION TO RENEW Provided this Lease is not otherwise in default, the LESSOR, through its CITY MANAGER or his/her designee, is hereby granted the option to extend this Lease for five (5) renewal periods of one (1) year each, upon the same terms and conditions by giving the LESSEE notice in writing at least sixty (60) days prior to the expiration of this Lease or any extension thereof. XVIII. CANCELLATION The LESSOR, through its CITY MANAGER or his/her designee, 7 shall have the right to cancel this Lease Agreement at any time by giving the LESSEE at least ninety (90) days written notice prior to its effective date. If it is found by the City Manager or his/her designee that the services called for in this Agreement are not being provided in an acceptable manner in accordance with industry standards, or that the LESSEE is violating any provision of this Agreement, the LESSOR, through its City Manager or his/her designee, shall have the right to cancel this Lease Agreement at any time by giving the LESSEE thirty (30) days written notice prior to its effective date. XIX. NOTICES It is understood and agreed between the parties hereto that written notice addressed to LESSOR and mailed or delivered to the offices of the LESSOR as follows: City Manager, CITY OF MIAMI BEACH, 1700 Convention Center Drive, Miami Beach, FL 33139, shall constitute sufficient notice to the LESSOR; and written notice addressed to LESSEE, and mailed or delivered to the address of the LESSEE as follows: Executive Director, LITTLE HAVANA ACTIVITIES AND NUTRITION CENTERS OF DADE COUNTY, INC. , 700 S.W. 8th Street,Miami, FL 33130, shall constitute sufficient notice to the LESSEE, 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. XX. ADDITIONAL PROVISIONS The Lessee agrees to provide reports of the number of clients served at the demised premises which it serves. Copies of reports which are prepared for state or federal funding sources and which indicate the residency of the clients served, within the City of Miami Beach, will suffice for this reporting requirement. 8 XXI. WRITTEN 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 City Commission of the City of Miami Beach. XXII. LIMITATION OF LIABILITY LESSOR desires to enter into this Agreement only if in so doing the LESSOR can place a limit on City's liability for any cause of action for money damages due to an alleged breach by LESSOR of this agreement, so that its liability for any such breach never exceeds the sum of $80, 000. 00. LESSEE hereby expresses its willingness to enter into this Agreement with a $80, 000. 00 limitation on recovery for any damage action for breach of contract. Accordingly, LESSEE hereby agrees that the LESSOR shall not be liable to LESSEE for damages in an amount in excess of $80, 000 for any action or claim for breach of contract arising out of the performance or nonperformance of any obligations imposed upon the LESSOR by this Agreement. The foregoing provisions shall not preclude an action by LESSEE for specific performance. Nothing contained in this subparagraph or elsewhere in this Agreement is in any way intended to be a waiver of the limitation placed upon LESSOR'S liability as set forth in Florida Statutes, Section 768 . 28 . XXIII. ARBITRATION Any controversy or claim for money damages arising out of or relating Ag:eement,this A Bement, or the breach hereof, shall be settled by arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association, and the arbitration award shall be final and binding upon the parties hereto and subject to no appeal , and shall deal with the question of the costs of 9 arbitration and all matters related thereto. In that regard, the parties shall mutually select one arbitrator, but to the extent the parties cannot agree upon the arbitrator, then the American Arbitration Association shall appoint one. Judgment upon the award rendered may be entered into any court having jurisdiction, or application may be made to such court for an order of enforcement. Any controversy or claim other than a controversy or claim for money damages arising out of or relating to this Agreement, or the breach hereof, including any controversy or claim relating to the right to specific performance, eviction or ejection, shall be settled by litigation and not arbitration. XXIV. COMPLIANCE WITH LAWS LESSEE shall comply with all laws, ordinances, regulations and orders of federal, state, county, and municipal authorities pertaining to the demised premises and LESSEE'S improvements and operations thereon. IN WITNESS WHEREOF, the LESSOR and LESSEE have caused this Lease Agreement to be executed by their respective and duly authorized officers the day and year first above written. Attest: CIT OF MIAM BEACH (as L : . :R) /44/6Z(-- ((:/- It wyj City Clerk gi t( i .f or uppr 6doe 101„,0 `J LITTLE HAVANA ACT V TIES Witness AND NUTRITION ' TEIIS OF DADE COUNT. , INC. (as L SE BY: 0(/ Witness Jose . na ,Carbo ell , Pre:i:_c7: srin►ed same a d Title FORM APPROVED LEGAL DEPT. 10 Date /2 GA ORIGINAL RESOLUTION NO. 91-20422 Authorizing a lease agreement between the City of Miami Beach and the Little Havana Activities and Nutrition Centers of Dade County, Inc. for the use of a portion of the South Shore Community Center.