Loading...
95-21492 RESO Incomplete RESOLUTION NO. 95-21492 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A LEASE AGREEMENT BETWEEN THE CITY AND THE FLORIDA ENTERTAINMENT COMMISSION, A NOT-FOR-PROFIT CORPORATION, FOR A PORTION OF THE CITY-OWNED PROPERTY LOCATED AT 505 AND 555 17TH STREET; AND WAIVING, BY A 5/7 VOTE, THE REQUIREMENTS PURSUANT TO ORDINANCE NO. 92-2783, REQUIRING A PUBLIC HEARING, ADVERTISED PUBLIC BIDDING PROCESS, AND INDEPENDENT APPRAISAL OF THE FAIR RENTAL VALUE OF THE PROPERTY. WHEREAS, on July 28, 1993, the Mayor and City Commission approved Resolution No. 93-20872, inviting the Florida Entertainment Commission to locate its headquarters in the City of Miami Beach, and pledging the City's assistance in obtaining suitable headquarters; and WHEREAS, since that time, the Administration has been endeavoring to find suitable headquarters to house the Florida Entertainment Commission and has found such office space in the City-owned premises located at 505-555 17th Street, which formerly housed the City's Building Department. NOW, THEREFORE, BE IT DULY RESOLVED by the Mayor and City Commission of the City of Miami Beach, Florida that the Mayor and City Clerk are authorized to execute the attached Lease Agreement between the City and the Florida Entertainment Commission, a not-for-profit corporation, for a portion of the City-owned property located at 505 and 555 17th Street, and further authorizing waiver, by a 5/7 vote, the requirements pursuant to Ordinance No. 92- 2783, requiring a public hearing, advertised public bidding process, and independent appraisal of the fair rental value of the property, by finding that the public interest would be served by waiving such conditions. PASSED AND ADOPTED this 15thday of February, 1995. ATTEST: CITY CLERK MAYOR C:\WPWIN60\WPDOCS\RESOLUTN\flor-ent.agr FORM APPROVED LEGAL DEPT. By 'J"(:, 3:> Date :2.~ ID~" ~ --..- . BUSINESS PROPERTY LEASE THIS LEASE, executed this day of , 1995 between CITY OF MIAMI BEACH, a Florida municipal corporation (Lessor) and the FLORIDA ENTERTAINMENT COMMISSION, a not for profit corporation (Lessee). WITNESSETH: The Lessor, for and in consideration of the rent herein reserved to be paid by the Lessee, and in consideration of the covenants herein to be kept and performed by the Lessee, does hereby lease and demise unto the Lessee the following described premises (the "premises") situated in the City of Miami Beach, County of Dade, State of Florida: Approximately 1,017 Sq. Ft. of administrative offices located on the ground floor (east end) of the one story building at 505 & 555 17th Street, more particularly described as a portion of Park east of Bayshore Golf Course & Park south of Canal and east of Washington Ave., Less Parcel to BPI Per OR 976-566 and Less Greater Miami Hebrew Academy Per OR 2241-185 TO HA VB AND TO HOLD the premises unto the Lessee, from the 1st day of February, 1995 to and including the 31 st day of January, 1997, the Lessee yielding and paying to the Lessor the rental sum of one ($1.00) dollar per year, as well as providing permanent improvements to the premises, as agreed by the parties hereto. Lessee shall also pay, as additional rent, all sales or use or excise tax(es) imposed, levied or assessed against the rent or any other charge or payment required here by any governmental authority having jurisdiction thereover, even though the taxing statute or ordinance may purport to impose such sales tax against Lessor. The payment of sales tax shall be made by Lessee concurrently with payment of the fixed minimum annu'li1 rental. Lessee agrees that it will pay its Proportionate Share of real estate taxes assessed against the Building and its Proportionate Share of operating expenses in the Building, as set forth and dermed in Paragraph 2 of this Agreement. Lessee' s Proportionat~ Share of real estate taxes will be paid upon demand accompanied by a copy of the paid tax bill. Lessee' s Proportionate Share of operating expenses will be paid monthly (or as otherwise determined by Lessor) upon demand by Lessor. As used herein, Lessee's "Proportionate Share" means a fraction the numerator of which is the square footage of the premises and the denominator of which is the square footage of all of the rentable area in the building of which the premises is a part ("Building"), including the square footage of the premises. At Lessor's sole discretion, and provided this Lease is in good standing and the Lessee is not in default hereunder, the Lessor may, at its option, grant to the Lessee a one (1) year renewal, upon the same terms and conditions as set forth herein. The Lessee agrees to keep, conform to and abide by each of the following covenants which are hereby made conditions of this Lease: Z10 DATE R-l-C.-L 2-IS-qS AGENDA ITEM 1. To pay the rent set forth herein in advance, at the times and in the manner aforesaid, and should the rent herein provided at any time remain unpaid after same shall become due, the Lessor shall have such remedies as may be granted pursuant to the laws of the State of Florida. All rent payments shall be made to the Lessor at the following address: City of Miami Beach Finance Department, 1700 Convention Center Drive, Miami Beach, Florida, 33139, or at such other place as the Lessor may, from time to time, designate in writing. 2. Lessor agrees to pay for all utilities used within the premises including, but not limited to, electric, water, gas, telephone and garbage disposal. 3. The Lessee accepts the premises in their present "as is" condition, and is responsible for all interior modifications and maintenance, including entrance doors, windows, and screens. Lessee must first obtain Lessor's written approval for any alteration, additions and/or . improvements to the premises and then must pay for such modifications, which shall become Lessor's permanent improvements upon completion. Detailed plans for leasehold improvements shall be submitted to Lessor within thirty (30) days following execution of this Agreement by the parties hereto. The Lessee shall have the right to use any equipment, furnishing and fixtures left by Lessor on the premises. Lessor represents that such equipment, furnishing and rlXtures, are to be used in their "as is" condition, and that Lessee is solely responsible for maintaining same, at its sole cost and expense, throughout the duration of this Agreement. In the event any of the aforesaid items are lost, stolen or damaged, they shall be replaced or repaired at the sole cost and expense of Lessee, ordinary wear and tear excepted. Upon expiration of this Agreement, Lessee shall quietly and peacefully redeliver said equipment, furnishings and fixtures to Lessor. 4. Lessee agrees that any noise disturbance, inconvenience, disruption, failure of any facilities, the shutting off of light or access to the premises, or any other nuisance or nuisances, caused by or due to any repairs, alterations, improvements, additions or construction by the Lessor, its agents, servants or employees to any part or portion of the building and for parking areas wherein the premises are located, shall not be deemed or constrUed as a breach or violation of the peaceful possc,:ssion of the premises on the part of the Lessee. It is specifically further agreed that any such conditions shall not give rise to any abatement, rebate or diminution of the rent reserved herein, nor to any liability or responsibility by reason thereof on the part of the Lessee. 5. It is understood that any property left on the premises at the expiration of the Lease, shall be considered abandoned and shall become and be deemed the property of the Lessor. 6. Notwithstanding Paragraph 3 above, at Lessor's discretion, any and all alterations or additions made by the Lessee to or in the premises shall at the request of the Lessor, at the expiration of the term of this Lease or sooner termination thereof, be removed by the Lessee at his own cost and expense and Lessee further hereby agrees in such event, to restore the premises to their original condition as of the date of this Lease. 2 211 7. Lessee shall not assign Lessee's interest in this Lease, nor underlet the whole or any part of the premises, nor use the same for any purpose other than for use as an office for the Florida Entertainment Commission without first obtaining the written consent to such assignment or underletting, or to such change of purpose for the use of the premises, from the Lessor, which consent shall be given, if at all, at Lessor's sole discretion. Lessee further covenants that the premises will not be used for any purpose that will invalidate any policies of insurance now or hereafter written on the building on which the premises are located, or will increase the rate of premium thereof. 8. Lessee shall use the premises in pursuance with all laws and ordinances now or hereinafter applicable; also to exercise all reasonable care in the use of halls, stairs, corridors, restrooms, and other fixtures and parts of the premises used in common with other tenants in said building which may be necessary for the preservation of the property and comfort of the other tenants. As to the latter, Lessee acknowledges that the City of Miami Beach Employees' Credit Union is also located within the Building and that all Credit Union employees shall have access to the common area restrooms within the Building. 9. Lessee shall not permit or suffer any noise, disturbance or nuisance whatsoever on the premises detrimental to same or annoying to the neighbors, and the Lessee acknowledges that the premises have been received in thoroughly good order, tenantable condition and repair, of which the execution of this Lease, and taking possession hereunder, shall be conclusive evidence. Lessee further acknowledges that no representations as to the condition of the premises have been made by the Lessor, or the Lessor's agent, and that no obligation as to the repairing, adding to, or improving the premises has been assumed by the Lessor, and that no oral arrangements have been entered into in consideration of making this Lease and that this Lease contains a full statement of the obligation of both parties hereto. 10. Lessee agrees to keep the interior of the premises in good condition during the continuation of the term herein demised, and every part thereof, including the plumbing, doors and windows, and will keep the same in good, sound, clean condition and repair, ordinary wear and tear, fire, hurricane or other act of God alone excepted, and will not suffer or permit any strip or waste of the premises. 11. Lessee shall permit the Lessor, or the Lessor's agent, at any reasonable time, to enter -and inspect the premises, and make repairs, if in the Lessor's sole judgment, the Lessor should elect to do so. 12. If the Lessee shall not pay the rents herein reserved at the time and in the manner stated, or shall fail to keep and perform any other condition, stipulation or agreement herein contained, on the part of the Lessee to be kept and performed, or if the Lessee shall suffer to be f11ed against the Lessee and involuntary petition in bankruptcy or shall be adjudged a voluntary or involuntary bankrupt or make an assignment for the benefit of creditors, or should there be appointed a Receiver to take charge of the premises either in the State or Federal courts, or if the 3 242 Lessee shall vacate or abandon the premises prior to the end of the term hereof, then, in any such events, the Lessor may, at the Lessor's option, terminate and end this Lease and re-enter upon the premises, whereupon the term hereby granted, and at the Lessor's option, all of the Lessee's right, title and interest in this Lease shall end and the Lessee shall become a tenant at sufferance. The exercise of any options herein contained shall not be deemed to be exclusive and the Lessor shall at all times in the event of the Lessee's default hereunder, have such remedies as may be provided by the laws of the State of Florida. 13. Notwithstanding Paragraph 12 above, this Agreement may be terminated without cause and for convenience of either party at any time during the term specified, upon furnishing thirty (30) days written notice to the other party . 14. If the Lessee shall abandon, vacate or remove the major portion of the fumiture and fixtures usually kept on the premises when the same is open for business and shall cease doing business in the premises, then, at the option of the Lessor, this Lease shall immediately terminate, and all payments made by the Lessee shall be retained by the Lessor as payment in full for the period of time the premises are occupied by the Lessee and the Lessee shall not be entitled to any monies so paid by him, even though such payment is for time subsequent to such closing of the premises and removal of furniture and fixtures. 15. The Lessee pledges with the assigns unto the Lessor all the furniture and rIXtures, goods and chattels of the Lessee, which may be brought or put on the premises, as security for the payment of the rent herein reserved, and agrees that the Lessor's lien for the payment of said rent may be enforced by distress, foreclosure or otherwise, at the option of the Lessor, and the Lessee agrees that such lien is granted to the Lessor and vested in the Lessor, the Lessee to pay the rent herein reserved when the same shall become due, and it becomes necessary for the Lessor to collect said rent by suit or through an attorney, the Lessee will be obligated to pay the Lessor a reasonable attorney's fee. together with all costs and charges thereof. 16. In the event the premises, or any part thereof, shall at any time be destroyed or so damaged by fire or o\her elements so as to be unfit for occupancy or use by the Lessee, then and in that event, the Lessor shall have the option to terminate this lease or to repair and rebuild the premises, remitting rents hereby damage sustained, until the premises are reinstated and made fit for occupancy and use; and in the event the Lessor elects to exercise the option to repair and rebuild, the same shall be done and completed within a reasonable time, but in no event shall such time be more than sixty (60) days from the date of the initial damage or destruction rendering the premises untenantable. 17. The Lessee shall not attach any signs to the premises, or place any lettering on the plate glass windows, unless such signs, and such lettering, have been approved by the Lessor. 18. If the Lessee shall occupy the premises with or without the consent of the Lessor after the expiration of this Lease, and the rent is accepted from the Lessee during such period, 4 213 such occupancy and payment shall be construed as an extension of this Lease on a month-to-month basis only from the date of such expiration, unless other terms of such extension are endorsed hereon in writing and signed by the parties hereto. 19. The Lessee agrees that this Lease shall be subject and subordinate to any mortgage or deed of trust presently encumbering the premises, or which may hereafter be made on account of any proposed loan to be placed on the premises by the Lessor to the full extent of all debts and charges secured thereby, and to any renewals and extensions of all or any part thereof, which the Lessor may hereafter at any time elect to place on the premises. 20. At the expiration of the term hereof, the Lessee shaH quietly and peaceably deliver the premises to the Lessor in the same repair and condition in which they were received, ordinary wear and tear excepted. No estate for years is\:reated by this Lease. 21. The Lessor covenants that it will keep the exterior roof and walls of the building in which premises are situated, in good repair. The Lessee shall give to the Lessor seven (7) days written notice of needed repairs, and the Lessor shall have a reasonable time thereafter within which to commence said repairs. 22. The terms Lessor and Lessee as herein contained shall include the singular and/or plural, masculine, feminine, and/or neuter, and heirs, successors, personal representatives and/or assigns of the parties hereto. 23. The failure of the Lessor in one or more instances to insist upon strict performance or observance of one or more of the covenants or conditions hereof or to exercise any remedy, privilege or option herein conferred upon or reserved to the Lessor, shall not operate or be construed as a relinquishment or waiver for the future of such covenant or condition or of the right to enforce the same or the exercise such privilege, option, or remedy, but the same shall continue in full force and effect. The receipt by the Lessor of rent, or additional rent, or any other payment required to be made by the Lessee, or any part thereof, shall not be a waiver of any other additional rent.or payment then due, nor shall such receipt, though with knowledge of the breach of any covenant or condition hereof, operate as or be deemed to be a waiver of such breach, and no waiver by the Lessor of any of the provisions hereof, or any of the Lessor's rights, remedies, privileges or options hereunder shall be deemed to have been made unless made by the Lessor in writing. If the Lessor shall consent to the assignments of this Lease or to a subletting of all or a part of the premises, no further assignment or subletting shall be made without the written consent of the Lessor first obtained. No surrender of the premises for the remainder of the term hereof shall be valid unless accepted by the Lessor in writing. 24. Lessee represents and warrants that there are no claims for broker's commissions or finders' fees in connection with the execution of this Lease. 5 244 25. Lessee shall not stock, use or sell any article or undertake any activity in the premises which may be prohibited by Lessor's insurance policies or which will increase any insurance rates or premiums for which Lessor is responsible. 26. Should any mechanics' or other liens be filed against the premises or any part thereof for any reason whatsoever by reason of Lessee's acts or omissions or because of a claim against Lessee, Lessee shall cause the same to be cancelled and discharged, of record, by bond or otherwise within twenty (20 days after the filing of such lien.) 27. In the event the premises are not ready for occupancy by the Lessee upon the commencement date hereof, for any reason whatsoever, including the fact that the building in which the premises are located has not been completed or sufficiently completed to make the premises ready for occupancy, the Lessor shall have no liability to the Lessee by reason of the Lessor's inability to deliver possession. In such event, the rent set forth herein shall abate until such time as the premises are ready for occupancy and the commencement date of the term hereof shall be deemed to commence upon such date, provided, however, that notwithstanding such commencement date, this Lease shall expire on the termination date set forth on Page 1 hereof. 28. In the event that it shall become necessary for Lessor to employ the services of an attorney to enforce any of its rights under this Lease or to collect any sums due to it under this Lease or to remedy the breach of any covenant of this Lease on the part of the Lessee to be kept or performed, regardless of whether suit be brought, Lessee shall pay to Lessor such fee as shall be charged by Lessor's attorney for such services. Should suit be brought for the recovery of possession of the Leased Premises or for rent or any other sum due Lessor under this Lease, or because of the breach of any of Lessee's covenants under this Lease, Lessee shall pay to Lessor all expenses of such suit and any appeal thereof, including a reasonable attorney's fee. 29. Radon is a naturally occurring radioactive gas that, when it is 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 ipformation regarding Radon and Radon testing may be obtained from your County Public Health Unit. 30. Notice shall be deemed properly given hereunder when made in writing and deposited in the United States certified or registered mails, with sufficient postage prepaid thereon to carry it to its addressed destination; and the said notices shall be addressed as follows: For the Lessor: City Manager City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 With a copy to: City Attorney 6 245 1700 Convention Center Drive 4th Floor Miami Beach, Florida 33139 For the Lessee: Florida Entertainment Commission Address Miami Beach, Florida 33139 or to such other address as shall from time to time be supplied in writing by any party to the other. 31. Indemnification/Insurance The Lessee shall indemnify, defend and hold Lessor harmless from any and all claims, liability, losses, and causes of action which may arise out of Lessee's use of the premises under this Agreement and shall pay all claims and losses of any nature whatsoever in connection therewith and shall defend all suits, in the name of Lessor, and shall pay all costs (including attorney's fees) and judgments which may issue thereon. This indemnification shall not be limited in any way by the type or amount of insurance carried by Lessee. Lessee shall carry and maintain in full force and effect at all times during the term of this Agreement the following insurance coverages: a. Comprehensive General Liability in the minimum amount of Five Hundred Thousand Dollars($500,OOO) per occurrence for bodily injury and property damage. This policy must also contain coverage for premises operation, products and contractual liability . b. The City must be named as an additional insured on the policies required above. All Certificates of Insurance shall state: This insurance coverage is primary to all other coverages pr.ovided by the City of Miami Beach. c. Workers' Compensation and Employers' Liability to meet the statutory requirements of the State of Florida. d. All insurance policies shall be issued by companies authorized to do business under the laws of the State of Florida and must have a rating of B+: VI or better per A.M. Best's Key Rating Guide, latest edition. e. Lessee shall furnish original certificates of insurance, evidencing the required coverage, and receive approval of same, prior to the commencement of operations. 7 246 f. Certificates of Insurance shall be approved by the City's Risk Manager and kept on file in the Finance Department, Insurance and Safety Division, Third Floor, City Hall. 31. Limitation of Liability Lessor desires to enter into this Lease only if in so doing Lessor 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 $1,000.00. Lessor hereby expresses its willingness to enter into this Lease with Lessee's recovery from Lessor for any damage action for breach of contract to be limited to a maximum amount of the amount of $1,000.00. Accordingly, and notwithstanding any other term or condition of this Lease. Lessor hereby agrees that it shall not be liable to the Lessor for damages in an amount in excess of $1,000.00, for any action or claim for breach of contract arising out of the performance or non- performance of any obligations imposed upon the Lessor 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. 32. 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 appoint one. Judgemenfupon 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 rela~ing 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. 8 247 IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year stated above. Signed, sealed and delivered in the presence of: Attest: By: By: (Seal) : By: By: c:lwpwin60lwpdocslleaseslflorida.ent LESSOR: CITY OF MIAMI BEACH Mayor City Clerk LESSEE: FLORIDA ENTERTAINMENT COMMISSION a Florida limited partnership President Secretary FORM APPROVED LEGAL DEPT. --- By .i c..") 9 /..- Date 6 tn, -I ;,,) 218 CITY OF MIAMI BEACH . CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139 COMMISSION MEMORANDUM NO. ~ TO: Mayor Seymour Galber and Members of the City Commission RogerM.Ca~o ~,,~ A . City Manager ~ DATE: Feb. 15, 1995 FROM: SUBJECT: A RESOLUTION AU?"HORlZING THE MAYOR TO EXECUTE AN AGREEMENT WITH THE FLORIDA ENTERTAINMENT COMMISSION, A NOT-FOR-PROFIT CORPORATION, FOR A PORTION OF THE CITY-OWNED PROPERTY LOCATED AT 505 AND 55517TH STREET ADMINISTRATION RECOMMENDATION: The Administration recommends that the City Commission adopt the attached resolution authorizing the Mayor to execute the attached lease agreement with Florida Entertainment Commission. BACKGROUND: On July 28, 1993, the Mayor and City Commission approved Resolution No. 93-20872, inviting the Florida Entertainment Commission to locate its headquarters in the City of Miami Beach, and pledging the City's assistance in obtaining suitable headquarters. The Administration has identified suitable headquarters in the City-owned premises located at 505-555 17th Street, which formerly housed the City's Building Department. ANALYSIS: This lease agreement, which begins February 1, 1995 and runs through January 31, 1997, provides for the rental sum of ($1.00) dollar per year, as well as any sales or use or excise tax(es). The Florida Entertainment Commission shall pay its proportionate share of real estate taxes assessed against the building, and its proportionate share of operating expenses, which will be based on the square footage of the rentable area in the building. The Lessor shall pay for all utilities used within the premises including, but not limited to, electric, water, gas, telephone and garbage disposal. 237 AGENDA ITEM _R -1~ C.- 2'1~-9,C; DATE FLORIDA ENTERTAINMENT COMMISSION Febmary 15, 1995 Page Two CONCLUSION: The public interest would be served by waiving, by a 5/7 vote, the requirements pursuant to Ordinance No. 92-2783, requiring a public hearing, advertised public bidding process, and independent appraisal of the fair rental value of the property, so that the City may enter into this Lease Agreement with the Florida Entertainment Commission, a not-for-profit corporation. RMC:PFL:AET:jf 2:\8