RESOLUTION 93-20850 RESOLUTION NO. 93-20850
A RESOLUTION OF THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF MIAMI BEACH
AUTHORIZING THE MAYOR AND THE CITY CLERK TO
EXECUTE A LEASE AGREEMENT BETWEEN THE CITY OF
MIAMI BEACH AND THE UNIVERSITY OF FLORIDA ON
BEHALF OF THE COLLEGE OF ARCHITECTURE, A NOT
FOR PROFIT FLORIDA CORPORATION, FOR THE USE OF
OFFICE SPACE ON THE THIRD FLOOR OF HISTORIC
CITY HALL, LOCATED AT 1130 WASHINGTON AVENUE,
MIAMI BEACH, FLORIDA.
WHEREAS, pursuant to Request for Proposal No. 82-92/97 , the
University of Florida, on behalf of the College of Architecture, a
not for profit Florida corporation, desires to lease certain
premises and facilities of the City located on the third floor of
Historic City Hall, located at 1130 Washington Avenue, and to be
used as an academic and research center; and
WHEREAS, an appropriate Lease Agreement has been negotiated
between the parties and has been recommended by the City Manager
and approved as to legal form by the City Attorney, attached hereto
as Exhibit "A" .
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and
the City Clerk are hereby authorized to execute the Lease Agreement
attached hereto between the City of Miami Beach and the University
of Florida, on behalf of the College of Architecture, a not for
profit Florida corporation, for space on the third floor of
Historic City Hall located at 1130 Washington Avenue, Miami Beach,
Florida.
PASSED and ADOPTED this 14th day f July
1993 . IP IP
MAY
ATTEST:
/1Kuut„,\A
CITY CLERK
FORM APPROVED
RJA/ks LE AL DEPT.
(a:miscatty\rja\uofarch.res) 6
Date A ,
. .
CITY OF MIAMI BEACH
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. 38'')-93
TO: Mayor Seymour Gelber and DATE: July 14 , 1993
Members of the City Commission
FROM: Roger M. Canto
City Manag- F
SUBJECT: RFP NO. 82-92/97, LEASING PRESENTLY UNOCCUPIED 3rd
FLOOR IN HISTORIC CITY HALL
ADMINISTRATION RECOMMENDATION:
The Administration recommends that the City Commission approve the
City's proceeding to lease space to the University of Florida
College of Architecture in the presently unoccupied 3rd floor of
Historic City Hall.
BACKGROUND:
After review and approval from the Legal Department, Request for
Proposals Number 82-92/97 was issued on May 18, 1993 . Thirty-six
prospective bidders have received a bid package.
The University of Florida College of Architecture's educational
interest is in the use of the 3rd Floor in exchange for "in kind"
services. These include a specific public service agreement with
the City for projects which are compatible with the teaching,
service and research mission of the University and the needs of the
citizens of Miami Beach. The University believes that public
service projects will serve as a catalyst for community development
in areas such as historic preservation. Other projects which could
be implemented range from design studio projects to individual
professional consultations and funded research. An example of this
would be that specific faculty could be available as resource
consultants to the City in areas such as preservation and regional
geographic information systems.
The University of Florida College of Architecture asserts that such
"in kind" services as described above could range in value from
$20, 000 to $30, 000 a year.
ANALYSIS:
Sealed proposals for LEASING PRESENTLY UNOCCUPIED SPACE IN HISTORIC
CITY HALL located at 1130 Washington Avenue, were received until
2 : 00 P.M. on Tuesday, June 15, 1993 in the Purchasing Office .
At the Commission meeting on June 16, 1993 , the City Administration
asked the Commission to provide direction as to the preferred
tenants for Historic City Hall. The Administration was told to
strongly consider potential tenants who would provide community
service to the City and its residents.
AGENDA
ITEM
DATE
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CONCLUSION:
The City Administration asserts that the University of Florida
College of Architecture would offer uniquely valuable services both
to the residents and employees of the City of Miami Beach which
would greatly enhance the City's redevelopment efforts. These "in
kind" services would be the equivalent of $20, 000-$30, 000 in one
year.
RMC/EC/JMF/ojr
17
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LEASE AGREEMENT
THIS LEASE AGREEMENT, made this/4r°' day of.JC'17', 1993, by and between
the City of Miami Beach, a Florida Municipal Corporation, (hereinafter referred to as
"Lessor"), and the University of Florida on behalf of the College of Architecture, a Florida
not for profit Corporation, (hereinafter referred to as "Lessee").
WITNESSETH:
1. Demised Premises.
Lessor, in consideration of the rentals hereinafter reserved to be paid and of the
covenants, conditions and agreements to be kept and performed by the Lessee,
hereby leases, lets and demises to the Lessee, and Lessee hereby leases and hires
from the Lessor those certain premises hereinafter referred to as the "Demised
Premises", located in the City of Miami Beach, Historic City Hall, at 1130
Washington Avenue, Miami Beach, Florida 33139 and more fully described as
follows:
A. One thousand six hundred seventy square feet (1,670 Sq. Ft.) on the
third floor (total leasable space). Such space on the third floor is
specified as Exhibit "A" which is hereby made a part of this Lease
Agreement. Such space leased to Lessee by Lessor shall be unfinished
space and Lessor shall furnish electrical service, air conditioning
services to the Demised Premises and two (2) parking permits for the
Lessee's use in the adjacent parking garage, for each floor leased in
Historic City Hall after the Lessee completes its leasehold
improvements and provides to Lessor a copy of the Certificate of
Occupancy.
The floor area designated herein is accepted and agreed to by the
parties hereto for all purposes notwithstanding any actual variation
which may be revealed by subsequent measurement or which may
result in completion of the Demised Premises for occupancy. The
Lessor shall not be obligated or required to make any repairs,
alterations, improvements or additions or to do any other work
in or upon the Demised Premises for Lessee's occupancy unless the
same is specifically set forth herein.
2. Term.
The Lessee shall be entitled to have and to hold the Demised Premises for a term
of five (5) years, commencing on the 1ST day of/9 vG- / '1993 ("Commencement
Date"): and ending at Midnight on the 3/ 4-5T day of JuL y , 1998.
The Lease term shall be for the period specified herein unless sooner terminated or
extended as provided herein. If the Lessor is unable to deliver possession of the
Demised Premises on the "commencement date" provided herein, either by reason
of the holding over of any prior tenant or for any other reasons, an abatement or
diminution of the rent shall be allowed Lessee under such circumstances until
possession is delivered to Lessee, but nothing herein shall operate to extend the
initial term of this Lease beyond the agreed expiration date, and such abatement of
rent shall be the full extent of Lessor's liability to Lessee for any loss or damage to
Lessee on account of any delay in obtaining possession of the Demised Premises.
If Lessee, with Lessor's prior written consent, shall occupy the Demised Premises
before commencement of the term herein, all provisions of this Lease shall be in full
force and effect commencing upon the occupancy, and rent for such period shall be
paid by Lessee at the same rate herein specified for the term.
3. Minimum Base Rent.
3.1 Rent shall begin to accrue on the date of issuance of a Certificate of
Occupancy or aural 1993, whichever occurs first.
Lessee agrees to provide "in kind" services to the City of Miami Beach at the
proposed "in kind" rate of twelve and 50/100 dollars ($12.50) per square foot
for space leased per year, as more specifically set forth in Exhibit B, which is
hereby made a part of this Agreement.
3.2 The Minimum Rent set forth in 3.2 herein shall be increased if the Consumer
Price Index, (C.P.I.) - U.S. City Average - Urban Consumers Index, as
published by the United States Department of Labor's Bureau of Labor
Statistics, increases over the Base Period Index. The Base Period Index shall
be the Index for the calendar month or months prior to the commencement
date of rent in Section 3.1 above. The Base Period Index shall be compared
with the Index for the same calendar month for each subsequent year
(comparison month). If the Index for any comparison month is higher than
the Base Period Index, then the Minimum Rent for the next year shall be
increased by the identical percentage commencing with the next rental
commencement month. In no event shall the Minimum Rent be reduced to
an amount less than the prior month's Minimum Rent. The increase for any
Lease Year shall be limited to five percent (5%).
*[By way of illustration only, if the commencement date of rent were to be in June
of 1993, then the Base Period Index would be February 1993 (assume 176.3) and that
Index shall be compared to the Index for February 1994 (assume 185.8), and because
the Index for February 1994 is 5.39% higher, the minimum rent commencing June,
1994 would be 5% higher; likewise the Index for February 1995 shall be compared
with the Index for February 19931 Should the Bureau discontinue the publication
of the above Index, or publish same less frequently, or alter same in some other
manner, than Lessor shall adopt a substitute Index or substitute procedure which
reasonably reflects and monitors consumer prices.
4. Additional Rent.
4.1 In addition to the Minimum Base Rent as set forth in Section 3, Lessee also
agrees to provide "in kind" services to the City of Miami Beach at the proposed
additional "in kind" rate of $1.34 per square foot for space leased per year, as
Lessee's proportionate share of"Operating Expenses" as hereinafter defined, and as
more specifically set forth in Exhibit B, which is hereby made a part of this
Agreement.
"Operating Expenses" shall mean the total cost and expenses incurred in operating,
repairing, maintaining and replacing the Common Facilities (hereinafter defined)
actually used or available for use by the Lessee and its employees, agents, servants,
customers and invitees, excluding only the items included within the Minimum Base
Rental amount, but specifically including, without limitation, the cost for janitorial
service, elevator repair and maintenance, temperature control and fire alarm repair
and maintenance.
"Common Facilities" shall mean all areas, space, equipment and special services
provided by the Lessor for the common or joint use and benefit of the occupants of
Old City Hall, their employees, agents, servants, customers and other invitees.
4.2 Upon the Commencement Date of the Lease, Lessor shall submit to Lessee
a statement of the anticipated monthl Additional Rent for the period between such
commencement and the following t1L/ (month) and Lessee shall pay same on a
monthly basis on the first day of each month during the term period. Lessee shall
continue to make said monthly payments until notified by Lessor of a change thereof.
By 406(7,3% / (month) 1st of each year Lessor shall endeavor to give Lessee a
statement showing the total Operating Expenses for Old City Hall for the prior
calendar year and Lessee's Proportionate Share thereof, prorated from the
Commencement Date. In the event the total of the monthly payments which Lessee
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has made for the prior calendar year shall be less than the Lessee's actual Additional
Rent due, then Lessee shall pay the difference in a lump sum within ten (10) days
after receipt of such statement from Lessor and shall concurrently pay the difference
in monthly payments made in the then calendar year and the amount of monthly
payments which are then calculated as monthly Additional Rent based on the prior
year's experience. Any over-payment by Lessee shall be credited toward the monthly
Additional Rent next coming due. The anticipated monthly Additional Rent billed
to Lessee may be changed from time to time by Lessor based upon the prior year's
actual statements or Lessor's anticipated costs. Even though the term has expired
and Lessee has vacated the Demised Premises, when the final determination is made
of Lessee's share of said Additional Rent for the year in which this Lease terminates,
Lessee shall immediately pay any increase due over the estimated Additional Rent
previously paid and, conversely, any overpayment made shall be immediately rebated
by Lessor to Lessee. Failure of Lessor to submit statements as called for herein shall
not be deemed to be a waiver of Lessee's requirement to pay sums as herein
provided.
5. Option to Extend or Renew.
At the expiration of the original term hereof, provided the Lessee is current,in good
standing, and free from default hereunder, the Lessee is hereby given the option to
renew and extend this lease for one (1) additional term of five years to commence
at 12:01 a.m. on the day following the last day of the lease term then in effect and
to expire at Midnight on the last day of the fifth year thereafter. Lessee shall notify
the Lessor of its plan to exercise its option for renewal at least one year prior to the
expiration of the initial five year term. Subject to the criteria of City of Miami
Beach Ordinance No. 92-2783, at the sole discretion of the City Commission, the
Lease may also be extended for one (1) additional subsequent five (5) year renewal
term, provided the Lessee shall request the extension from lessor by writing the City
Manager at least one (1) year prior to the expiration of the first renewal term, and
that the Lease is in good standing. The Rent for the option terms shall be the same
as the Rent for the original term, but subject to adjustment for cost of living, as
follows:
A. Minimum rent, as set forth in Section 3 and Exhibit B herein, for the option
terms shall be adjusted annually in proportion to changes in the Consumer Price
Index (C.P.I.) - U.S. City Average - All Urban Consumers Index as published by the
United States Department of Labor Bureau of Labor Statistics. Such adjustment
shall be calculated in the same manner as adjustments for Minimum Rent during the
first lease term herein, and as specifically set forth in Section 3 and Exhibit B herein.
The percentage increase shall be applied to the Rent due to the Lessor for the first
year of the option term.
6. Use and Possession of Demised Premises.
6.1 The Demised Premises shall be used by the Lessee as the University of
Florida College of Architecture Academic and Research Center and any and
all activities related to the foregoing. Said premises shall be open for
operation seven days a week days a week, with normal hours of operation
being from 8:00 P.M. to 12:00 A.M. On certain occasions, with the prior
written approval of the City Manager, said premises may be open all night.
These days and hours of operation shall not be otherwise extended or
shortened without the prior written approval of the City Manager, which
approval shall not be unreasonably withheld.Lessor acknowledges that Lessee
frequently works at night and during weekends. Nothing herein contained
shall be construed to authorize hours contrary to the laws governing such
operations.
6.2 Lessee shall not do or permit anything to be done in or about the Demised
Premises nor keep anything therein which is not within the permitted use of
the Demised Premises which will in any way increase the existing rate of or
affect any fire or other insurance upon Old City Hall or any of its contents,
or cause a cancellation of any insurance policy covering Old City Hall or any
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part thereof or any of its contents. Lessee shall not do or permit anything to
be done in or about the Demised Premises which will in any way obstruct or
interfere with the right of other tenants or occupants of Old City Hall or
injure or annoy them, or use or allow the Demised Premises to be used for
any improper, immoral, unlawful or objectionable purposes; nor shall Lessee
cause, maintain or permit any nuisance in, on or about the Demised Premises.
Lessee shall not commit or allow to be committed any waste in or upon the
Demised Premises. Lessee shall immediately pay to Lessor upon demand as
Additional Rent the cost of any increase in Lessor's insurance as a result of
any use made by Lessee of the Demised Premises.
In the event that the Lessee uses the Premises for any purposes not expressly
permitted herein, then the Lessor may terminate the Lease, subject to the
curative period set forth in Paragraphs 19.1.5 and 19.1.6 below, or without
notice to Lessee, restrain such improper use by injunction or other legal
action.
7. Improvements.
7.1 Lessee shall, at its own cost and expense, construct or cause to be
constructed, all improvements to the property reasonably necessary for it to
carry on its permitted use as set forth above. The plans for such
improvements shall be submitted to the Lessor for the Lessor's consent,which
will not be unreasonably withheld or delayed. All permanent (fixed)
improvements to the Demised Premises shall remain the property of the
Lessor upon termination of the Lease. Upon the lawful termination of the
Lease, all personal property and trade fixtures may be removed by the Lessee
from the premises without damage to the premises. The failure of Lessee to
complete the improvements and be granted a Certificate of Occupancy within
a reasonable time from the date of execution of this Lease shall be deemed
a default by Lessee. Lessee will permit no liens to attach to the Demised
Premises arising from, connected with or related to the construction of the
improvements. Moreover, such construction shall be accomplished through
the use of licensed, reputable contractors who are acceptable to Lessor. Any
and all permits and or licenses required for the installation of improvements
shall be the sole responsibility of Lessee. Upon the expiration or sooner
termination of the term hereof, Lessee shall upon written demand by Lessor,
at Lessee's sole cost and expense, forthwith and with all due diligence, remove
any alterations, additions or improvements made by Lessee, designated by
Lessor to be removed, and Lessee shall, forthwith, with all due diligence, at
its sole cost and expense, repair any damage to the premises caused by such
removal.
Lessor or others designated by Lessor may from time to time undertake such
alterations or additions to Old City Hall or any lands apart thereof or added
thereto, including, without limitation, adding additional stories thereto or
constructing additional buildings or improvements thereon and make
alterations thereto. No easement for light or air are included in or are
pertinent to the Demised Premises or Lessee's rights pursuant to this Lease
Agreement.
7.2 The above requirements for submission of plans and the use of specific
contractors shall not apply to maintenance or repairs which do not exceed
$1,000.00 provided that the work is not structural.
8. Lessor's Right of Entry.
8.1 The Lessor, or its authorized agent or agents, shall have the right to enter
upon the Demised Premises at all reasonable times for the purpose of
inspecting the same, preventing waste, making such repairs as the Lessor may
consider necessary and for the purpose of preventing fire, theft or vandalism.
Nothing herein shall imply any duty on the part of the Lessor to do any work
which under any provisions of this Lease the Lessee may be required to
perform, and the performance thereof by the Lessor shall not constitute a
waiver of the Lessee's default. Lessee hereby waives any claim for damages
or for any injury or inconvenience to or interference with Lessee's business,
any loss of occupancy or quite enjoyment of the Demised Premises, and any
other loss occasioned thereby.
8.2 If the Lessee shall not be personally present to open and permit entry into
the leased space at any time, for any reason, any entry thereon shall be
necessary or permissible, the Lessor, or its agents, may enter the Demised
Premises by master key, or may forcibly enter the leased space without
rendering the Lessor or such agents liable therefor (if during such entry the
Lessor or its agent or agents shall accord reasonable care to the Lessee's
property), and without in any manner affecting the obligations and covenants
of this Lease.
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8.3 Lessee shall not change the locks to the Demised Premises without the prior
written consent of Lessor and in the event such consent is given Lessee shall
furnish Lessor duplicate keys to said locks in advance of their installation.
9. Lessee's Insurance.
9.1 The Lessee shall, at its own expense, comply with all 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 coverages have been furnished
to and approved by the City's Risk Manager:
1.) Comprehensive General Liability in the minimum amount of$500,000
per occurrence for bodily injury and property damage. contractual
liability coverage is to be included. The city of Miami Beach must be
named as an additional insured on this policy.
2.) Workers' compensation and employers' liability coverage per Florida
statutes.
3.) All-Risks property and casualty insurance, written at replacement cost
value and with replacement cost endorsement, covering all of Lessee's
personal property in the Demised Premises (including, without
limitation, inventory,trade fixtures,floor coverings,furniture and other
property removable by Lessee under the provisions of the Lease) and
all leasehold improvements installed in the Demised Premises by or on
behalf of Lessee. The requirement to obtain such property and
casualty insurance coverage shall be subject to the availability of same
for real property located in the City of Miami Beach, following
Hurricane Andrew.
9.2 Proof of these coverages must be provided by submitting original certificates
of insurance. All polices must provide thirty (30) days written notice of
cancellation to the City's Risk manager at 1700 Convention Center Drive,
Miami Beach, Florida, 33139. The insurance companies providing the above
coverages are subject to the approval of the City's risk manager. The city's
risk manager shall have the right to reasonably increase the amounts and type
of insurance coverage required.
9.3 The cost of insurance required to be carried by Lessee in this section shall be
deemed to be additional rent hereunder.
10. Taxes and Assessments.
10.1 For the purposes of this paragraph and other provisions of this Lease:
10.1.1 The term "Taxes" shall mean (i) the real estate taxes and assessments and
special assessments, of any kind which may be imposed upon the tax lot on
which the building is constructed (the "Land") and (ii) any expenses incurred
by Lessor in obtaining a reduction of any such taxes or assessments.
10.1.2 The term "Tax Year" shall mean the period of 12 calendar months beginning
January first.
10.1.3 The term "Tenant's Proportionate Share" shall mean the ratio that the square
footage of the Premises bears to the square footage of the entire building.
10.2 Lessee shall pay for such Tax Year an amount ("Tax Payment") equal to
Lessee's Proportionate Share of the Taxes, if any, for such Tax Year. if a Tax
year ends after the expiration or termination of the term of this Lease, the
Tax Payments therefore shall be prorated to correspond to that portion of
such Tax Year occurring within the term of this Lease. The Tax Payment
shall be payable by Lessee within ten (10) days after the receipt of a demand
from the Lessor therefore, which demand shall be accompanied by a copy of
the tax bill(s) or other evidence of such taxes issued by the taxing authorities,
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together with Lessor's computation of the Tax Payment.
11. Assignment and Subletting.
11.1 Lessee shall not have the right to assign or sublet the premises, in whole or
in part, without the written consent of Lessor. Such written consent is not a
matter of right and Lessor is not obligated to give such consent. If granted
as provided herein, the making of any assignment or sublease will not release
Lessee from any of its obligations under this Lease. A sale or transfer of a
majority interest of the stock of a corporate Lessee shall be deemed an
assignment, and such sale or transfer shall not be made without the prior
consent of Lessor. Lessee is prohibited from assigning or subletting this
Lease to any person or entity which is not of the same or higher financial
responsibility as Lessee.
11.2 Any consent by the Lessor to any act of assignment shall apply only to the
specific transaction thereby authorized. Such consent shall not be construed
as a waiver of the duty of the Lessee or the legal representatives or assigns
of the Lessee, to obtain from the Lessor consent to any other or subsequent
assignment, or as modifying or limiting the rights of the Lessor under the
foregoing covenants of the Lessee not to assign without such consent.
11.3 Any violation of the provisions of this Lease, whether by act or omissions, by
assignee,sub-tenant, or under-tenant or occupant, shall be deemed a violation
of such provision by the Lessee, it being the intention and meaning of the
parties hereto, that the Lessee shall assume and be liable to the Lessor for
any and all acts and omissions of any and all assignees, sub-tenants, or
under-tenants or occupants. If the Lease be assigned, the Lessor may and is
hereby empowered to collect rent from the assignee; if the Demised Premises
or any part thereof be underlet or occupied by any person, other than the
Lessee, the Lessor, in the event of the Lessee's default, may, and is hereby
empowered to, collect rent from the under-tenant or occupants; in either of
such events, the Lessor may apply the net amount received by it for rent
herein reserved, and no such collection shall be deemed a waiver of the
covenant herein against assignment or the acceptance of the assignee, under-
tenant or occupant as tenant, or a release of the Lessee from the further
performance of the covenants herein contained on the part of the Lessee.
12. Maintenance and Repair.
12.1 The taking of possession of the Demised Premises by Lessee shall be
conclusive evidence against Lessee that the Demised Premises were in good
and satisfactory condition when possession was taken. Lessee shall maintain
the Demised Premises and the fixtures and appurtenances therein, and at its
sole cost and expense shall make all repairs thereto as and when needed to
preserve them in good working order and condition. Lessor shall be
responsible for the maintenance of the roof, the exterior of the building, the
structural electrical and plumbing (other than plumbing surrounding kitchen
sink), the common areas and the chilled water supply system.
12.2 All damage or injury of any kind to the Demised Premises and to its fixtures,
glass, appurtenances, and equipment or to the buildings fixtures, glass,
appurtenances and equipment, except damage caused by the wrongful acts or
negligence of the Lessor, shall be the obligation of Lessee, and shall be
repaired, restored or replaced promptly by Lessee at its sole cost and expense
to the satisfaction of Lessor. There shall be no abatement of rent and no
liability of Lessor by reason of any injury to or interference with Lessee's
business arising from the making of any repairs, alterations or improvements
in or to any portion of Old City Hall or in or to fixtures, appurtenances and
equipment therein. Lessee waives the right to make repairs at Lessor's
expense under any law, statute or ordinance now or hereafter in effect.
Lessee shall permit Lessor to install, use, repair, replace and maintain pipes,
ducts and conduits under the Demised Premises as may be desirable to
service the other portions of Old City Hall, provided that the installation work
is performed at such times and by such methods as will not unreasonably
interfere with Lessee's use and occupancy of the Demised Premises.
12.3 All of the aforesaid repairs, restorations and replacements shall be in quality
and class equal to the original work or installations and shall be done in good
and workmanlike manner.
12.4 If Lessee fails, refuses or neglects to make such repairs or restorations or
replacements, as required hereunder, to the reasonable satisfaction of Lessor
within thirty (30) days after written demand (or shorter period in the event
of an emergency), the same may be made by Lessor without liability to Lessee
for any loss or damage that may occur to Lessee's merchandise, fixtures, or
other property of or to the Lessee's business by reason thereof, and upon
completion thereof, the Lessee shall may the Lessor's cost for making such
repairs plus twenty-five (25%) percent for overhead,within ten (10) days after
presentation of a bill or statement therefore, payable as additional rent. In
all other respects, the property is being leased in its present "as is" condition,
subject to Lessor's obligations under the RFP.
12.5 It shall be Lessee's obligation to insure that any renovations and/or
improvements made by Lessee to the premises comply with all applicable
building codes and life safety codes of governmental authorities having
jurisdiction, except as to the roof and exterior. Lessor reserves the right,
without any liability to Lessee, and without being in breach of any covenant
of this Lease Agreement to stop, interrupt or suspend services of any of the
electric, elevator, water, sewer or other services provided by Lessor to the
Demised Premises, or the rendition of any of the other services required of
Lessor under this Lease Agreement, whenever and for so long as may be
necessary by reason of accidents, emergencies, strikes or the making of repairs
or changes which Lessor is required by this Lease Agreement or by law to
make or in good faith deems advisable or by reason of difficulty in securing
proper supplies of fuel, water, electricity, labor or supplies or by reason of any
other cause beyond the Lessor's control, including governmental restrictions
on the use of materials or the use of any of services provided by Lessor. In
each instance, Lessor shall exercise reasonable diligence to eliminate the
cause of stoppage and to effect restoration of service. Lessee shall not be
entitled to any diminution or abatement or other compensation nor shall this
Lease or other compensation nor shall this Lease Agreement or any of the
obligations of the Lessee be effected or reduced by reason of the interruption,
stoppage or suspension of any of items or services provided herein by Lessor.
13. Governmental Regulations.
The Lessee covenants and agrees to fulfill and comply with all statutes, ordinances,
rules, orders, regulations, and requirements of any and all governmental bodies,
including but not limited to Federal, State and City governments, and any and all of
their departments and bureaus applicable to the premises and shall also comply with
and fulfill all rules, orders, and regulations for the prevention of fire, all at Lessee's
own cost and expense. The Lessee shall pay all cost, expenses, claims, fines,
penalties, and damages that may be imposed because of the failure of the Lessee to
comply with this paragraph, and shall indemnify the Lessor from all liability arising
from each non-compliance.
14. Liens.
Lessee will not permit any mechanics, laborers, or materialman's liens to stand
against the leased premises or improvements for any labor or materials to Lessee or
claimed to have been furnished to Lessee's agents, contractors, or sub-lessees, in
connection with work of any character performed or claimed to have performed on
said premises, or improvements by or at the direction or sufferance of the Lessee.
Lessee further agrees that Lessee will promptly pay and satisfy all liens of
contractors,subcontractors,mechanics,laborers,materialmen,and other items of like
character, and will indemnify Lessor against all expenses, costs and charges, including
bond premiums, for release of liens and attorney's fees and cost reasonably incurred
in and about the defense of any suite in discharging the Demise Premises, Old City
Hall or any part thereof. Provided however, Lessee shall have the right to contest
the validity or amount of any such lien or claimed lien. In the event of such contest,
Lessee shall give the Lessor reasonable security as may be demanded by lessor to
insure payment thereof and prevent sale, foreclosure, or forfeiture of the premises
or improvements by reason of such non-payment. Such security need not exceed one
and one half (1-1/2) times the amount of such lien or such claim of lien. Such
security shall be posted by Lessee within ten (10) days of written notice from Lessor,
or Lessee may "bond off' the lien according to statutory procedures. Lessee will
immediately pay any judgement rendered with all proper cost and charges and shall
have such lien released or judgement satisfied at Lessee's own expense.
The Lessee herein shall not have any authority to create any liens for labor or
material on the Lessor's interest in the Demised Premises and all persons contracting
with the Lessee for the construction or removal of any facilities or other
improvements on or about the Demised Premises, and all materialmen, contractors,
mechanics, and laborers are hereby charged with notice that they must look only to
the Lessee and to the Lessee's interest in the Demised Premises to secure the
payment of any bill for work done or material furnished at the request or instruction
of Lessee. Lessor may, at Lessor's option, record a notice of this provision in the
public records of Dade County, Florida.
15. Condemnation.
15.1 If at any time during the term of this Lease and any renewal period
hereunder, all or any part or portion of the building in which the Demised
Premises are located, sufficient in size, to cause the Demised Premises to be
untenantable, is taken, appropriated, or condemned by reason of Eminent
Domain proceedings, then this Lease shall be terminated as of the date of
such taking, and shall thereafter be completely null and void, and neither of
the parties hereto shall thereafter have any rights against the other by reason
of this Lease or anything contained therein, except that any rent prepaid
beyond the date of such taking shall be prorated to such date, and the Lessee
shall pay any and all rents, additional rents, utility charges, or other costs
including excess taxes for which it is liable under the terms of this Lease, up
to the date of such taking.
15.2 Except as hereunder provided, Lessee shall not be entitled to participate in
the proceeds of any award made to the Lessor in any such Eminent Domain
proceeding, excepting, however, the Lessee shall have the right to claim and
recover from the condemning authority, but not from the Lessor, such
compensation as may be separately awarded or recoverable by Lessee in
Lessee's own right on account of any and all damage to Lessee's business by
reason of the condemnation and for or on account of any cost or loss which
Lessee might incur in removing Lessee's furniture and fixtures.
16. Default.
16.1 At the Lessor's option, any of the following shall constitute an Event of
Default under this Lease:
16.1.1 The failure by Lessee to take possession of the Demised Premises and open
for business fully fixtured, stalked and staffed within 30 days after the
commencement date;
16.1.2 The Demised Premises shall be deserted, abandoned, or vacated, or there
shall have been a ceasing of continued operation therein;
16.1.3 The Lessee shall fail to comply with any material term, provision, condition
or covenant contained herein other than the payment of rent and shall not
cure such failure within thirty (30) days after the receipt of written notice
•
•
from Lessor specifying any such default; or such longer period of time
acceptable to Lessor;
16.1.4 Receipt of notice of violation from any governmental authority having
jurisdiction dealing with a code, regulation, ordinance or the like, which
remains uncured for a period of thirty (30) days from its issuance, or such
longer period of time acceptable to Lessor.
16.1.5 Any petition is filed by or against Lessee under any section or chapter of the
Bankruptcy Act, as amended, which remains pending for more than sixty (60)
days, or any other proceedings now or hereafter authorized by the laws of the
United States or of any state for the purpose of discharging or extending the
time for payment of debts;
16.1.6 Lessee shall become insolvent or make transfer in fraud of creditors;
16.1.7 Lessee becomes mentally incompetent;
16.1.8 Lessee shall make an assignment for benefit of creditors;
16.1.9 A receiver is appointed for Lessee by any court and shall not be dissolved
within thirty (30) days thereafter; or
16.1.10 The leasehold interest is levied on under execution.
17. Lessor's Rights on Default.
17.1 In the event of any default by Lessee as provided herein, Lessor shall have
the option to do any of the following in addition to and not in limitation of
any other remedy permitted by law or by this Lease;
17.1.1 Terminate this Lease, in which event Lessee shall immediately surrender the
Demised Premises to Lessor, but if Lessee shall fail to do so Lessor may,
without further notice, and without prejudice to any other remedy Lessor may
have for possession or arrearages in rent or damages for breach of contract,
enter upon Demised Premises and expel or remove Lessee and his effects in
accordance with law, without being liable for prosecution or any claim for
damages therefore and Lessee agrees to indemnify Lessor for all loss and
damage which Lessor may suffer by reason of such Lease termination,
whether through inability to re-let the "Demised Premises, or through
decrease in rent, or otherwise.
17.1.2 Declare the entire amount of the rent which would become due and payable
during the remainder of the term of this Lease to be due and payable
immediately, in which event Lessee agrees to pay the same at once, together
with all rents therefore due, at the address of Lessor; as provided in the
Notices section of this Lease: provided, however, that such payment shall not
constitute a penalty, forfeiture, or liquidated damage, but shall merely
constitute payment in advance of the rent for the remainder of said term and
such payment shall be considered, construed and taken to be a debt provable
in bankruptcy or receivership.
17.1.3 Enter the Demised Premises as the agent of Lessee, by force if necessary,
without being liable to prosecution or any claim for damages therefor, remove
Lessee's property therefrom, and re-let the premises, or portions thee of, for
such terms and upon such conditions which Lessor deems, in its sole
discretion, desirable, and to receive the rents therefor, and Lessee shall pay
Lessor any deficiency that may arise by reason of such reletting, on demand
at any time and from time to time at the office of Lessor; and for the purpose
of re-letting, Lessor may (i) make any repairs, changes, alterations or
additions in or to said Demised Premises that may be necessary or
convenient, (ii) pay all costs and expenses therefor from rents resulting from
re-letting, and (iii) Lessee shall pay Lessor any deficiency as aforesaid.
17.1.4 Take possession of any personal property owned by Lessee on said Demised
premises and sell the same at public or private sale, and apply same to the
payment of rent due, holding the Lessee liable for the deficiency, if any.
17.1.5 If Lessee shall default in making any payment of monies to any person or for
any purpose as may be required hereunder, Lessor may pay such expense but
Lessor shall not be obligated to do so. Lessee upon Lessor's paying such
expense shall be obligated to forthwith reimburse Lessor for the amount
thereof. All sums of money payable by Lessee to lessor hereunder shall be
deemed as rent for use of the Demised Premises and collectible by Lessor
form Lessee as rent, and shall be due from Lessee to Lessor on the first day
of the month following the payment of the expense by Lessor.
17.1.6 The rights of the Lessor under this Lease shall be cumulative but not
restrictive to those given by law and failure on the part of the Lessor to
exercise promptly any rights given hereunder shall not operate to waive or to
forfeit any of the said rights.
17.1.7 Nothing herein contained shall be construed as precluding the Lessor from
having such remedy as may become necessary in order to preserve the
Lessor's right or the interest of the Lessor in the Demised Premises and in
this Lease Agreement, even before the expiration of the grace or notice
periods provided for in this Lease Agreement. If under the particular
circumstances then existing the allowance of such grace or the giving of such
notice will prejudice or will endanger the rights and estate of the Lessor in
this Lease Agreement or in the Demised Premises.
17.1.8 Lessee hereby pledges and assigns to Lessor security for the payment of any
and all rent or other sums or amounts provided for herein, all of the
furniture, fixtures, equipment, goods and chattels of Lessee which shall or
may be brought or put on or into the Demised Premises, and Lessee agrees
that said lien may be enforced by distress, foreclosure or otherwise, at the
election of the Lessor. Lessee hereby expressly waives and renounces for
himself and family any and all homestead and exemption rights he may now
or hereafter require under or by virtue of the constitution and laws of the
State of Florida or of any other state, or of the United States, as against the
payment of said brand or any other obligation or damage that may accrue
under the terms of this Lease Agreement.
17.1.9 Failure of Lessor to declare any default immediately upon occurrence
thereof, or delay in taking any action in connection therewith, shall not waive
such default, but Lessor shall have the right to declare any such default at any
time and take such action as might be lawful or authorized hereunder, in law
and in equity. The acceptance of rent by the Lessor hereunder, whether
accompanied by a Lessee denial of Default or otherwise shall in no event ever
be construed or deemed a waiver or acceptance of any default by Lessee; and
no waiver of any term, provision, condition or covenant by this Lease by
Lessor shall ever deemed to imply or constitute a further waiver by Lessor of
such default or a waiver of any other term, provision, condition or covenant
of this Lease.
18. Indemnity Against Costs and Charges.
18.1 The Lessee shall be liable to the Lessor for all costs and charges, expenses,
reasonable attorney's fees, and damages which may be incurred or sustained
by the Lessor, by reason of the Lessee's breach of any of the provisions of this
Lease. Any sums due the Lessor under the provisions of this Item shall
constitute a lien against the interest of the Lessee and the Demised Premises
and all of Lessee's property situated thereon to the same extent and on the
same conditions as delinquent rent would constitute a lien on said premises
•
and property.
18.2 If Lessee shall at any time be in default hereunder, and if Lessor shall deem
it necessary to engage an attorney to enforce Lessor's rights and Lessee's
obligations hereunder,the Lessee will reimburse the Lessor for the reasonable
expenses incurred thereby, including, but not limited to, court costs and
reasonable attorney's fees, whether suit be brought or not and if suit be
brought, then Lessee shall be liable for expenses incurred at both the trial and
appellate levels.
19. Indemnification Against Claims.
19.1 The Lessee shall indemnify and save the Lessor harmless from and against
any and all claims or causes of action (whether groundless or otherwise) by
or on behalf of any persons, firm, or corporation, for personal injury or
property damage occurring upon the Demised Premises or upon any parking
lot or other facility or appurtenance used in connection with the Demised
Premises, occasioned in whole or in part by any of the following:
19.1.1 An act or omission on the part of the Lessees, or any employee, agent,
invitee, or guest, assignee or sub-tenant of the Lessee;
19.1.2 Any misuse, neglect, or unlawful use of the Demised Premise or the building
in which the Demised Premises is located or any of its facilities by Lessee, or
any employee, agent, invitee, or guest, assignee or sub-tenant of the Lessee,
but not to include trespassers upon the Demised Premises;
19.1.3 Any breach, violation, or non-performance of any undertaking of the Lessee
under this Lease;
19.1.4 Anything growing out of the use or occupancy of the Demised Premises by
the Lessee or anyone holding or claiming to hold through or under the
Lessee.
19.2 Lessee agrees to pay all damages to the Demised Premises or other facility
used in connection therewith, caused by the Lessee or any employee, guest,
or invitee of the Lessee.
20. Signs and Advertising.
Without the prior written consent of Lessor, Lessee shall not permit the painting and
display of any signs, plaques, lettering or advertising material of any kind on or near
the Demised Premises. Signage shall be limited to ground floor lobby directory,
floor lobby directory, and any door to Demised Premises. All signage shall comply
with signage standards established by Lessor.
21. Effect of Conveyance.
The term "Lessor" as used in this Lease means only the owner for the time being of
the land and building containing the Demised Premises, so that in the event of any
sale of said land and building, or in the event of a lease of said building, the Lessor
shall be and hereby is entirely freed and relieved of all covenants and obligations of
the Lessor hereunder, and it shall be deemed and construed without further
agreement between the parties, or between the parties and the purchaser at such
sale, or the lease of this building, that the purchaser or Lessee has assumed and
agreed to carry out all covenants and obligations of the Lessor hereunder.
22. Security; Loss; Damage to the Premises.
22.1 Lessor shall not be responsible or liable for the theft, loss or damage to
person or property, in, on or about the Demised Premises, and/or Old City Hall,
including,without limitations any property of Lessee, Lessee's employees, agents and
invitees. Lessee acknowledges and agrees that Lessor is not responsible for the
security of the Demised Premises or Old City Hall in general.
22.2 The building in which the Demised Premises are located is insured under
Lessor's fire insurance policy. If the Demised Premises shall be damaged by the
elements or other casualty not due to Lessee's negligence, or by fire, but are not
thereby rendered untenantable in whole or in part, and such damage is covered by
Lessor's Insurance, if any, (hereinafter referred to as "such occurrence"), Lessor
shall, as soon as possible after such occurrence, utilize the Insurance proceeds to
cause such damage to be repaired and the rent shall not be abated. If by reason of
such occurrence, the premises shall be rendered untenantable only in part, Lessor
shall as soon as possible utilize the insurance proceeds to cause the damage to be
repaired, and the rent meanwhile shall be abated proportionately as to the portion
of the premises rendered untenantable; provided however, if the premises are by
reason of such occurrence, rendered more than 50% but less than 100%
untenantable,Lessor shall promptly obtain a good faith estimate of the time required
to render the premises tenantable. If such time exceeds four (4) months, the Lessee
shall have the option of canceling this lease, which option shall be exercised by
Lessee in writing within ten (10) days of receipt of notice of same from Lessor.
22.3 If the premises shall be rendered wholly untenantable by reason of such
occurrence, the lessor shall utilize the insurance proceeds to cause such damage to
be repaired and the rent meanwhile shall be abated in whole; provided, however,
that Lessor shall have the right, to be exercised by notice in writing delivered to
Lessee within sixty (60) days from and after said occurrence, to elect not to
reconstruct the destroyed premises, and in such event, this lease and the tenancy
hereby created shall cease as of the date of said occurrence, the rent to be adjusted
as of such date. If the premises shall be rendered wholly untenantable, the Lessee
shall have the right, to be exercised by notice in writing, delivered to Lessee within
thirty (30) days from and after said occurrence, to elect to terminate this lease, the
rent to be adjusted accordingly. Notwithstanding any clause contained in this
paragraph, if Lessor becomes self insured or the damage is not covered by Lessor's
insurance, then Lessor shall have no obligation to repair the damage, but Lessor
shall advise Lessee in writing within thirty (30) days of the occurrence giving rise to
the damage and of its decision not to repair, and the Lessee may, at any time
thereafter, elect to terminate the lease, and the rent shall be adjusted accordingly.
23. Quiet Enjoyment.
Upon Lessee paying the rent reserved hereunder and observing and performing all
of the covenants, conditions and provisions on Lessee part to be observed and
performed hereunder, Lessee shall enjoy quiet enjoyment of the premises and shall
not be evicted or disturbed in possession of the premises, and for as long as Lessee
complies with all of the covenants, conditions and provisions on Lessee's part to be
observed and performed hereunder.
24. Waiver.
24.1 It is mutually covenanted and agreed by and between the parties hereto that
the failure of Lessor to insist upon the strict performance of any of the conditions,
covenants, terms or provisions of this Lease, or to exercise any option herein
conferred, will not be considered or construed as a waiver or relinquishment for the
future of any such conditions, covenants, terms, provisions or options but the same
shall continue and remain in full force and effect.
24.2 A waiver of any term expressed herein shall not be implied by any neglect of
Lessor to declare a forfeiture on account of the violation of such term if such
violation be continued or repeated subsequently and any express waiver shall not
affect any term other than the one specified in such waiver and that one only for the
time and in the manner specifically stated.
24.3 The receipt of any sum paid by Lessee to Lessor after breach of any condition,
covenant, term or provision herein contained shall not be deemed a waiver of such
breach, but shall be taken, considered and construed as payment for use and
occupation, and not as rent, unless such breach be expressly waived in writing by
Lessor.
25. Addresses for Notices.
The addresses for all notices required under this Lease shall be as follows, or at such
other address as either party shall, in writing, notify the other:
LESSOR: City Manager
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
With a copy to:
City Attorney
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
LESSEE:
UF College of Architecture, 3rd Floor
R. Wayne Drummond, Dean
1130 Washington Avenue
Miami Beach, FL 33139
All notices shall be hand delivered and a receipt requested, or by certified
mail with return receipt requested, and shall be effective upon receipt.
26. Location for Payments.
All rent or other payments due hereunder shall be paid to the City Manager or his
duly appointed designee at the following address:
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
27. Historic Nature of the Building.
While Historic City Hall has been designated a local Historical site in accordance
with Section 26-5.13(3) of the Miami Beach Zoning Ordinance No. 1891 and has
been qualified by the United States Department of the Interior as a "Certified
Historical Structure" this in no way implies that the Lessor grants nor promises any
Federal credit or other tax advantage of any kind by any source to the Lessee on the
Lessee's leasehold improvements or use of the Demised Premises. Lessor specifically
does not warrant or represent the existence or feasibility of any such tax advantage
to Lessee. Lessee acknowledges, understands and agrees that it is Lessee's sole
obligation to review the tax consequences of putting leasehold improvements in a
"Certified Historical Structure" with Lessee's accountants and/or attorneys.
28. Entire and Binding Agreement.
This Lease contains all of the agreements between the parties hereto, and it may not
be modified in any manner other than by agreement in writing signed by all the
parties hereto or their successors in interest. The terms, covenants and conditions
contained herein shall inure to the benefit of and be binding upon Lessor and Lessee
and their respective successors and assigns, except as may be otherwise expressly
provided in this Lease.
29. Provisions Severable.
If any term or provision of this Lease or the application thereof to any person or
circumstance shall, to any extent, be invalid or unenforceable, the remainder of this
Lease, or the application of such term or provision to persons or circumstances other
than those as to which it is held invalid or unenforceable, shall not be affected
thereby and each term and provision of this Lease shall be valid and be enforced to
the fullest extent permitted by law.
•
30. Captions.
The captions contained herein are for the convenience and reference only and shall
not be deemed a part of this Lease or construed as in any manner limiting or
amplifying the terms and provisions of this Lease to which they relate.
31. Number and Gender.
Whenever used herein, the singular number shall include the plural and the plural
shall include the singular, and the use of one gender shall include all genders.
32 Governing Law.
This Lease shall be governed by and construed in accordance with the law of the
State of Florida.
33. Attorney's Fees.
In the event of litigation or arbitration arising out of the terms and conditions of this
Lease, the prevailing party shall be entitled to collect reasonable attorneys fees and
costs from the losing party.
34. Arbitration.
Any controversy or claim for money damages arising out of or relating to this
Agreement, 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 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. Judgement 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
eviction or ejectment shall be settled by litigation and not arbitration.
35. Limitation Of Liability.
The Lessor desires to enter into this Agreement only if in so doing the Lessor can
place a limit on Lessor's liability for any cause of action for money damages due to
an alleged breach by the Lessor of this Agreement, so that its liability for any such
breach never exceeds the sum of Ten Thousand Dollars and no/100 ($10,000.00).
Lessee hereby expresses its willingness to enter into this Agreement with the Lessee's
recovery from the Lessor for any damage action for breach of contract to be limited
to a maximum amount of Ten Thousand ($10,000.00) Dollars. Accordingly, and
notwithstanding any other term or condition of this Agreement,Lessee hereby agrees
that the Lessor shall not be liable to Lessee for damages in an amount in excess of
Ten Thousand ($10,000.00) Dollars for any action or claim for breach of contract
arising out of the performance or non-performance of any obligations imposed upon
the Lessor by this Agreement. Nothing contained in this paragraph 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.
•
36. Surrender Of The Premises.
The Lessee shall, on or before the last day of the term herein demised, or the sooner
termination thereof, peaceably and quietly leave, surrender and yield upon to the
Lessor the Demised Premises, together with any and all equipment, fixtures,
furnishings, appliances or other personal property located at or on the Premises and
used by Lessee in the maintenance, management or operation of the Demised
Premises, excluding any trade fixtures or personal property which can be removed
without material injury to the Premises, free of all liens, claims and encumbrances
and rights of others or broom-clean, together with all structural changes, alterations,
additions, and improvements which may have been made upon the Premises, in good
order, condition and repair, reasonable wear and tear excepted, subject, however, to
the subsequent provisions of this Article. Any property which pursuant to the
provisions of this Article is removable by Lessee on or at the Premises upon the
termination of this Lease and is not so removed may, at the option of the Lessor, be
deemed abandoned by the Lessee, and either may be retained by the Lessor as its
property or may be removed and disposed of at the sole cost of the Lessee in such
manner as the Lessor may see fit. If the Premises and personal property be not
surrendered at the end of the term as provided in this article, the Lessee shall make
good to the Lessor all damages which the Lessor shall suffer by reason thereof, and
shall indemnify the Lessor against all claims made by any succeeding tenant or
purchaser, so far as such delay is occasioned by the failure of the Lessee to surrender
the Premises as and when herein required.
37. Time Is Of The Essence.
Time is of the essence in every particular and particularly where the obligation to
pay money and with regard to the commencement of the opening date of the
premises is involved.
38. Radon Disclosure.
Radon Gas: Radon is a naturally occurring radio active gas, that, when it has
accumulated in a building in sufficient quantities may present health risks to persons
who are exposed to it over time. Levels of radon that exceed Federal and State
Guidelines have been found in buildings in Florida. Additional information
regarding radon and radon testing may be obtained from your County public health
unit. [Note: This paragraph is provided for informational purposes pursuant to
Section 404.056 Subsection 8, Florida Statutes, 1988.]
IN WITNESS WHEREOF, the parties hereto have caused
these presents to be signed by the respective duly authorized officers, and the respective
corporate seals to be affixed this Z0-1`' day ofai-t,,,,\
, 1993.
ATTEST: CITY OF MIAMI BEACH
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EXHIBIT B
UNIVERSITY OF
- u
* FLORIDA
INi
College of Architecture 331 Architecture Building
Office of the Dean Gainesville FL 3261 1-2004
July 6, 1993
MEMORANDUM
TO: Mr. Octavio Revero
FROM: Dean R. Wayne Drummondd*X4e/;:do""4.4°.41"1
RE: In Kind Services Agreement between the College of Architecture,
University of Florida and the City of Miami Beach.
The College of Architecture at the University of Florida has developed this detailed proposal for the use of
currently unoccupied space on the third floor in Historic City Hall. Our primary educational interest is in the
use of the 1,670 square feet of the third floor in exchange for in kind services.
Our goal is to establish a College of Architecture Academic and Research Center which includes all five of
the academic programs of the College. These programs include architecture, landscape architecture,
interior design, building construction, and urban and regional planning. In addition the College of Fine
Arts will also utilize the facilities for special programs. We sincerely believe that the establishment of such a
center in Miami Beach will have specific advantages for our students and faculty, but especially for the
preservation and continued development of the City of Miami Beach and the region.
CONCEPT
Our concept is to provide a specific public service agreement with the city for projects which are
compatible with the teaching, service and research mission of the University of Florida and the needs of
the citizens of the City of Miami Beach. This approach will provide direct financial benefit to the city in
return for the provision of space for the Center.
This concept of public service is also compatible with our goals for networking with other agencies and
institutions in the area, such as Miami Dade Community College, the University of Miami, Florida Atlantic
University, and Florida International University.
Public service projects will serve as a catalyst for community development in areas ranging from historic
preservation to the efforts of our new Center for Affordable Housing which has recently been established
by the Legislature. In essence, we believe that there are extraordinary mutually beneficial opportunities in
developing a College of Architecture Academic and Research Center in Miami Beach.
BASIC OPPORTUNITIES
The basic opportunities that are immediately apparent in a mutually agreed upon program range from
design studio projects to individual professional consultations and funded research. This section outlines
examples of these basic opportunities.
Design Studios - As stated in all previous correspondence the design studios can be utilized to
address very real community problems and to explore alternative solutions. These efforts generally
involve one or more faculty and fifteen to eighteen students. These projects can be organized to
effectively incorporate city, community, or individual client structures into the design process.
n1:1 • ISL.I1DI\G CO\;TRLCTIO\ • LRBA\AND REGIONAL rl .'\\\I\G • INTERIOR DESIGN • I.A\DSS API. ARC!11111 FL RI:
PI 1(0\1=(0(14);U1-4,16 'LNCO\1 ('04)622-45;h FAX OU4
Inial Opportunity/:\ttirnmti\ \,tion Ill,tltuti n
EXHIBIT B
Faculty Participation - Our faculty rates are from $30,000 to $85,000 on a nine month basis. These
rates cover the range from initial appointments as assistant professors to our most senior and productive
research professors. These base salary rates are supported by a 27% benefits package and 15%
University overhead changes to determine our actual costs.
For example, one faculty member at a$35,000 base rate contributing to the "in kind" service concept as a
half time appointment for the academic year would equate to $25,558.00.
Direct Expenses - Where appropriate, direct expenses for a project such as photographic & printing
expenses will be attributed to the project.
Again, we will provide actual appointment papers and additional supporting documentation for each
specific mutually agreed upon project. Obviously, we believe the concept of "in kind" contributions will
actually far exceed our annual"in kind" lease agreement.
ORGANIZATIONAL STRUCTURE
In order to maximize the benefit to the City of Miami Beach for the required "in kind" services to support
the leave obligations there should be a single coordinator for the City. We are open to any organizational
proposal by the City should you desire an alternative structure such as committee, direct reporting to a
designated commissioner, or to the departmental heads. Our experience, however, leads us to request
that a single source coordinator that has an overall sense of the priorities of the City of Miami Beach be
designated.
As the Dean of the College of Architecture I will personally be the coordinator for our efforts both within
our College and within the University of Florida. On behalf of the students and faculty of the University of
Florida we look forward to a long and positive working relationship with the city of Miami Beach.
EXHIBIT B
The design studios will be centered around the specific project needs and could include architectural
design, landscape architecture, interior design, or urban and regional planning. Special projects ranging
from preservation to affordable housing can be developed in conjuction with our research centers.
The in kind contribution value of an upper division full semester studio project could range in value from
$40,000 to $60,000 depending upon the number of students and faculty involved and their level of
seniority. This kind of effort can also be utilized in matching grant programs with State and Federal
agencies
Technical Projects - Specific technical projects may be undertaken that could range from specific
acoustical or structural analysis of historic structures to geographic informative systems, economic
development, transportation and other community development issues. Typically these projects are
conducted with a professor and several graduate research students according to the project need.
Projects of this nature could range from a one day effort to an ongoing research effort that may require
several years to complete.
Individual Consultations - Specific faculty could be available as resource consultants to the city in a
wide variety of areas from preservation to regional geographic information systems.
Research Grants - Faculty and graduate students could be available to work on specific short or long
term research grants that would be generated either through the University or the City or though jointly
proposed grants. Institutional Foundations are the primary source of these efforts.
Funded Research Contracts - Faculty and graduate students are frequently involved in major funded
research contracts. Just as in research grants these efforts can target specific areas of study and can be
initiated by either the University or City or jointly sponsored efforts. Where appropriate on externally
funded projects a direct expenses for the space will be requested.
The basic opportunities outlined above should be developed into an overall five year plan of service that
by mutual agreement will provide the maximum benefit to the City of Miami Beach and the University of
Florida. This plan will require continuous monitoring and reassessment.
SPECIFIC RATE STRUCTURES
The University of Florida agrees to provide the outlined "in kind" services to the City of Miami Beach in
return for the use of the 1670 square feet of space on the third floor of Historic City Hall plus two parking
spaces as presented in the RFP. The proposed in kind rate is at $12.50 per square foot ($20,875) plus
the $1.34. per square foot ($2,254.50) cost for service and utilities. The total for the annual lease
therefore is $23,129.50
The rate schedule presented below is a general outline of the base salaries, benefits and indirect costs of
the College of Architecture at the University of Florida. Specific calculations will be produced on a project
by project basis which will include these factors based on the actual rates at the time of the execution of
the project.
Undergraduate Students- These students generally are not funded by the University, however, it is
fair to recognize their"in kind" contribution to specific projects. The range of compensation for internship
students is from $7.50 to $12.00 per hour.
Graduate Students - Masters - Teaching & research assistants are funded by the University at a
minimum of $7.50 per hour plus 15%for institutional overhead. For example, one graduate student on a
half time appointment for the academic year(19.5 biweekly payments) = $5,850 x 15 %overhead equals
$6,727.50 actual cost.
Graduate Students - Doctoral - A similar calculation is made for our doctoral students. Based on our
minimum rates a half time appointment for the academic year would be$8,9700.00 actual cost.
Staff Participation - Our staff rates range from $13,000 to $34,000 for a twelve month position plus a
27% benefits rate and 15% overhead. Should any project require extensive organization,
correspondence, tabulating or report tasks then staff would be required to participate. An actual
calculation will be provided for each project.
UK1C71AAL
RESOLUTION NO. 93-20850
Author_i= i.Lg the Mayor and the City Clerk
to execute a lease agreement between the
C.M.B. and the University of Florida.
10,