Resolution 94-21055 •
RESOLUTION NO. 94-21055
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A RESOLUTION OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, APPROVING THE
RENEWAL OF A LEASE AGREEMENT FOR THE
BUILDING LOCATED AT OF 1837 BAY
ROAD, WHICH HOUSES THE PARKING
DEPARTMENT ' S ENFORCEMENT ,
MAINTENANCE, AND OPERATIONS STAFF;
AND AUTHORIZING THE MAYOR AND CITY
CLERK TO EXECUTE THE AGREEMENT.
WHEREAS, the Mayor and City Commission have adopted a Parking
Department (Department) budget for the current fiscal year which
will provide the amount of staffing and resources required to
enhance all administrative, maintenance, and operational areas of
the Department; and, -
WHEREAS, the Department's expansion has resulted in a pressing
need for additional storage, parking and work station space for the
field operations staff presently housed in the building at 1837 Bay
Road; and,
WHEREAS, the size of the Bay Road location is suitable to
accommodate the expanding field operations as the administrative
staff is relocating to Meridian Avenue.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA that the the Mayor
and City Commission hereby authorize the renewal of the attached
Lease Agreement for the building located at 1837 Bay Road to allow
for the expansion of enforcement, operations and maintenance
programs, and further authorize the Mayor and City Clerk to execute
the lease Agreement.
PASSED and ADOPTED this 16th day of/ February k , 1994 .
ill
MAYOR
ATTEST:
16. 00kZI.JL.,v---.
CITY CLERK
FO`/M APPROVED
RMC:FJR:fjr - LEGAL DEPT.
By, cJ
Date z._ 1 I-- i
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CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
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OFFICE OF THE CITY MANAGER TELEPHONE: (305) 673-7010
• FAX: (305) 673-7782
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COMMISSION MEMORANDUM NO. 1 Z4,-0' t1
TO: Mayor Seymour Gelber and • DATE: February 16, 1994
Members of the City Commission
FROM: Roger M.
144.L._„--
City Ma g
SUBJECT: A RESOLUTION PROVIDING FOR THE APPROVAL OF THE RENEWAL OF
THE 'LEASE OF THE BUILDING AT 1837 BAY ROAD FOR THE '
PARKING DEPARTMENT'S ENFORCEMENT' AND OPERATIONS STAFF.
ADMINISTRATION RECOMMENDATION: -
The Administration recommends that the Commission approve the
resolution approving the renewal of the 1837 Bay ,,Road building
lease in order to continue operations at this location and provide
• necessary space for the expanded enforcement, meter repair and
maintenance programs.
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BACKGROUND: • •
The Parking Department' s 1993-94 fiscal year budget entails a •
substantial expansion of services and programs. These initiatives
require additional field personnel and equipment, which in turn
generates a demand for additional facility space.
The Parking Department operation has been located in the industrial
section west of Alton Road between Dade Boulevard and 24th Street
for the past ten years. This industrial area of the city is ideal
for the type of operation the Department conducts, which involves
.vehicles of diverse sizes and the storage of meters, meter and sign
poles, and other heavy items. In years past, the two-story, 5, 800
square foot building (1837 Bay Road) provided sufficient room for •
a small department administrative staff and approximately 45
operations/maintenance and enforcement employees .
The Department' s operations are expanding to include new programs
such as cashiered garages, a tram system ' and residential parking
programs which require more interior space and additional parking.
The field operations and parking enforcement staff will implement
several new programs which will necessitate additional office and
work station space. These initiatives include the establishment of
a sign shop and a centralized radio command center. Given the
relocation of the administrative staff (including permit sales and
meter rental functions) • to an office building in Meridian Avenue,
the Bay Road location will provide' the needed space to accommodate
the growing operation. •
. Upon expiration of the one year lease in November, 1993 , the
building has been rented by the City on a' month-to-month basis.
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\Continued. . 1 4
AGENDA R E
ITEM
DATE 2-- I Cam-9 q.
COMMISSION MEMORANDUM PAGE TWO FEBRUARY 14), 1994
ANALYSIS:
Effective November 1, 1994, the owner of the 1837 Bay Road
building, Gloria M. Rosenthal, increased the monthly rent to $3 , 500
from $3, 335 . This represents approximately a five percent
increase, and results in an annual cost of $42, 000 .
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CONCLUSION:
The Commission should approve the resolution providing for the
renewal of the lease at 1837 Bay Road which provides the necessary.
space and the appropriate setting for the Parking Department' s
field operations.
RMC:FJR: fjr
Attachment
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15
LEASE AGREEMENT
THIS LEASE AGREEMENT, made and:.entered into this day of
February, 1994, by and between GLORIA MILLER ROSENTHAL, an
individual (hereafter referred to as "Lessor") and THE CITY OF
MIAMI BEACH, a Florida Municipal Corporation (hereafter referred to
as "Lessee") .
WHEREFORE, in consideration of the rent to be paid herein, and
further good and valuable consideration, receipt of which is hereby
acknowledged, and the further consideration of the mutual covenants
each to the other made as follows :
1. Premises. The Lessor does hereby lease to the Lessee, Six
Thousand (6, 000) square feet of the building and the remaining
rear yard located at 1833 through 1837 Bay Road, Miami Beach,
Florida. The above premises are more particularly described
as follows :
Lot 10, Block 13, AMENDED PLAT OF ALTON BEACH REALTY
COMPANY, according . to the plat thereof as recorded in
Plat Book 9 at Page 146 of the Public Records of Dade
County, Florida.
2 . Term. This Lease is for the one-year period retroactively
commencing on January 1, 1994 and expiring on midnight,
December 30, 1994 .
3 . Rent . The Lessee agrees to pay to the said Lessor at the
address listed in this Agreement, an annual rental fee, paid
on a monthly basis in the amount of $3, 500 . 00 by check, at the
Lessor's direction, and shall be payable on or about the first
working day of each month, retroactively commencing on January
1, 1994 and on the first business day of each successive month
until the end of the terms of this Agreement or earlier
cancellation.
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
Parking Department of the City of Miami Beach and for any and
all other lawful uses deemed in the Lessee' s best interest by
the Lessee.
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5. Telephone. Lessee shall pay its own costs for telephones it
uses and any additional installation it orders . 1
6. Maintenance and Utilities. The Lessee will pay for the
utilities attributable for its use. The Lessee agrees to
maintain its own leased portion of the leased premises in good
order and repair, including furnishings, utility service
connections on the leased premises, and any routine mechanical
and electrical rearrangements installed by the Lessee, routine
janitorial and custodial service, and other related services
necessary to maintain the leased premises in good, safe and
sanitary conditions .
7. Structural Alterations by Lessee. The Lessee may not make
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 that the leased
premises shall be damaged, destroyed or otherwise rendered
unusable for the purposes 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 take back the premises without the prior
written consent of the Lessor.
9. Assignment and Subletting. The Lessee shall not assign or
otherwise transfer this Lease nor sublease any portion of the
leased premises without the prior written consent of the
Lessor.
10. Signs. Lessee shall assume the cost of any exterior signs .
All signs shall be removed by the Lessee upon the expiration
of this Lease at the Lessee's own expense .
11. Lessor's Right of Entry. The Lessor shall have the right to
re-enter and repossess the leased 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,
provided 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 receipt from the Lessor
of a written notice to remedy the default Lessor shall have.
the right to re-enter and repossess the premises and to cancel
this Lease .
12. Cancellation by the Lessee. This Agreement shall be subject
to cancellation by the Lessee upon the giving of thirty (30)
days' written notice to the Lessor of the Lessee' s intent to
cancel .
13 . Liability for Damage or In-iurv_. The Lessee and its employees,
officials or servants shall not be responsible for any damage
or injury that may occur to the Lessor, its agents, servants,
employees, clients, other Lessees or property from any cause
during the period covered by this Agreement . The Lessor
expressly agrees to indemnify and hold the Lessee harmless
against any and all claims for loss, damage, injury or
liability, which may arise or accrue by reason of the use by
Lessee of the leased premises; provided that this paragraph
shall not apply in the event the damage or injury is caused by
the Lessee, its agents, servants and employees .
14. Taxes. Lessor shall be responsible for and pay all Federal,
State, , and local taxes due upon the leased premises or
otherwise arising out of this Agreement .
15 . Cancellation upon Purchase. In the event that the parties
hereto successfully negotiate a purchase agreement regarding
the property during the term of this Agreement, then this
Agreement shall automatically terminate at the closing of such
purchase agreement .
16. Notices. It is understood and agreed between the parties
hereto that a written notice, correctly addressed to the
Lessor as follows :
GLORIA MILLER ROSENTHAL
1310 East Royal Palm Way
Boca Raton, Florida 33432
and notice to the Lessee as follows :
City Manager
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
with copies to:
City Attorney
1700 Convention Center Drive
Miami Beach, Florida 33139
which shall constitute sufficient notice to comply with this
Lease .
17. Venue. Venue in any. legal proceedings arising by virtue of
this Agreement shall be in Dade County, Florida.
18. Limitation of Liability_
Lessee desires to enter into this Lease only if in so doing
Lessee can place a limit on the Lessee' s liability for any
cause of action for money damages due to an alleged breach by
the Lessee of this Lease, so that its liability for any such
breach never exceeds the sum of $42, 000 . Lessor hereby
expresses its willingness to enter into this Lease with
Lessor's recovery from Lessee for any damage action for breach
of contract to be limited to a maximum amount of the amount of
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$42, 000 .
Accordingly, and notwithstanding any other term or condition
of this Lease, Lessor hereby agrees that the Lessee shall not
be liable to the Lessor for damages in an amount in excess of
$42 , 000 . 00, for any action or claim for breach of contract
arising out of the performance or non-performance of any
obligations imposed upon the Lessee by this Lease. Nothing
contained in this paragraph or elsewhere in this agreement is
in any way intended to be a waiver of the limitation placed
upon City' s liability as set forth in Florida Statutes,
Section 768 .28 .
19 . Arbitration
Any controversy or claim for money damages arising out of or
relating to this Lease, 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 matter 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 apoint 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 thereof, including any controversy or claim
relating to the right to specific performance shall be settled
by litigation and not arbitration.
20. 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 or the Lessor.
IN WITNESS WHEREOF, the parties have set their names and
assigns hereto the day and year• first above mentioned.
LESSEE: LESSOR:
GLORIA MILLER ROSENTHAL CITY •F MIAMI BEACH, FLORIDA
;4144.,
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Mayor
Attest by:
City Clerk
FORM AP''0 D
LEt`; 0 'T.
By
Date 1
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