94-21139 RESO Incomplete
RESOLUTION NO. 94-21139
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, flORIDA, APPROVING A PARKING LOT LEASE AGREEMENT WITH
BELLSOUTH TElECOMMUNICATION, INC., d/b/a SOUTHERN BElL TElEPHONE
AND TELEGRAPH COMPANY (SOUTHERN BElL), PROVIDING THE CITY WITH
THE USE OF A PORTION OF SOUTHERN BElL PARKING LOT LOCATED AT 1030.
15TH STREET, MIAMI BEACH, flORIDA, AND AUTHORIZING THE MAYOR AND
CITY ClERK TO EXECUTE THE AGREEMENT.
WHEREAS, the current parking situation in the South Beach area has reached critical
proportions with a severe parking shortage resulting in a limited number of parking spaces in
existence to accommodate an increasing number of vehicles; and
WHEREAS, SOUTHERN BELL owns a large parking lot containing approximately 102
spaces located at 1030 - 15th Street, Miami Beach, Florida (the parking lot), a portion or all
of which are currently not being utilized by SOUTHERN BELL; and
WHEREAS, in an attempt to alleviate the critical parking shortage in the South Beach
area, the City desires to lease a portion of the parking lot from SOUTHERN BELL; and
WHEREAS, SOUTHERN BELL is willing to support the City and community's need for
additional parking; and
WHEREAS, the Administration and City Attorney's Office have negotiated the attached
Lease Agreement (the Agreement) for the City's use of a portion of the parking lot as a short-
term solution to alleviate the critical parking shortage in the area.
NOW, THEREFORE, BE IT RESOLVED BYTHE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, flORIDA that the Mayor and City Commission herein approve
the attached Parking Lot Lease Agreement with Bellsouth Telecommunication, Inc., d/b/a
Southern Bell Telephone and Telegraph Company, providing the City with the use of a portion
of Southern Bell parking lot located at 1030 - 15th street, Miami Beach, Florida, and further
authorize the Mayor and City Clerk to execute the Agreement.
PASSED and ADOPTED this 20th day of
April
,1994.
ATTEST:
MAYOR
CITY CLERK
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OFFICE O~ THE CITY ATTORNEY
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CITY ATTORNEY
PO. 80X 0
MIAMI BEACH, FLORIDA 33119-2032
TELEPHONE (3051673-7470
TELECOPY (3051673-7002
LAURENCE FEINGOLD
COMMISSION MEMORANDUM NO. ___":2lJJ-ft~
DATE:
APRil 20, 1994
TO: MAYOR SEYMOUR GELBER
MEMBERS OF THE CITY COM
FROM:
LAURENCE FEINGOl
CITY ATTORNEY
406'1
ROGER M. CARL TO
CITY MANAGER
SUBJECT:
PARKING lOT lEASE AGREEMENT BETWEEN CITY OF MIAMI BEACH AND
SOUTHERN BEll FOR lEASE OF A PORTION OF THE PARKING lOT
lOCATED AT 1030 . 15TH STREET, MIAMI BEACH, flORIDA.
In the past recent months, Commissioner Nancy leibman requested this office and the
Administration to make contact with Mr. Don Sadler, representing Southern Bell, regarding
a possible short-term solution to alleviate the City's critical parking shortage in the South
Beach area. Southern Bell currently owns a vacant building located at 1560 lenox Avenue,
which housed a portion of its administrative offices. The parking lot behind that building,
containing approximately 102 spaces and located at 1030 - 15th Street, is also currently
unused by Southern Bell.
At Commissioner leibman's request, the Administration and City Attorney's Office
have been involved in negotiations with Mr. Sadler, both in an attempt to possibly acquire at
some time in the near future the 1560 lenox Avenue building, and most immediately, and as
presented for your consideration here, to use a portion of the vacant parking lot for the general
parking use of the citizenry of Miami Beach. Accordingly, the attached lease Agreement
provides for the lease of 24 to 42 parking spaces in the parking lot located at 1030 - 15th
Street, Miami Beach, Florida, for use by the public. The initial term of this lease is on a month
to month basis, commencing on June 1, 1994 and ending no later than December 31, 1996;
subject to thirty (30) days termination by either party, (specifically, if Southern Bell chooses
to use the parking lot to store miscellaneous Southern Bell vehicles, and construction
equipment).
The lease Agreement also provides that in return for the use of its allotted spaces by
Southern Bell, the City will be responsible for all work and expenses associated with securing
and marking the parking spaces within the lot. All insurance for the parking lot will be
provided through the City's self-insurance. Southern Bell has agreed to a discounted lease rate
often dollars ($10.00) per space per month, with Southern Bell continuing to be responsible
for the payment of all taxes, special assessments and public charges levied against the entire
parking lot.
It is recommended that the Mayor and City Commission accept the attached lease
Agreement. Should the City no longer wish to utilize the subject parking lot, the Agreement
is terminable by either party upon thirty (30) days written notice. In the interim, the use of
the additional spaces may serve to alleviate the City's current critical parking shortage.
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1700 CONVENTION CENTER DRIVE - FOURTH FLOOR - MIAMI e
DATE
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4-20 oct <.f
AGENDA
ITEM
,
RESOLUTION NO,
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING A PARKING LOT LEASE AGREEMENT WITH
BELlSOUTH TELECOMMUNICATION, INC., dIbIa SOUTHERN BEll TELEPHONE
AND TELEGRAPH COMPANY (SOUTHERN BELL), PROVIDING THE CITY WITH
THE USE OF A PORTION OF SOUTHERN BELL PARKING LOT LOCATED AT 1030.
15TH STREET, MIAMI BEACH, flORIDA, AND AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE THE AGREEMENT.
WHEREAS, the current parking situation in the South Beach area has reached critical
proportions with a severe parking shortage resulting in a limited number of parking spaces in
existence to accommodate an increasing number of vehicles; and
WHEREAS, SOUTHERN BELL owns a large parking lot containing approximately 102
spaces located at 1030 - 15th Street, Miami Beach, Florida (the parking lot), a portion or all
of which are currently not being utilized by SOUTHERN BElL; and
WHEREAS, in an attempt to alleviate the critical parking shortage in the South Beach
area, the City desires to lease a portion of the parking lot from SOUTHERN BElL; and
WHEREAS, SOUTHERN BELL is willing to support the City and community's need for
additional parking; and
WHEREAS, the Administration and City Attomey's Office have negotiated the attached
Lease Agreement (the Agreement) for the City's use of a portion of the parking lot as a short-
term solution to alleviate the critical parking shortage in the area.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA that the Mayor and City Commission herein approve
the attached Parking Lot Lease Agreement with Bellsouth Telecommunication, Inc., d/b/a
Southem Bell Telephone and Telegraph Company, providing the City with the use of a portion
of Southern Bell parking lot located at 1030 - 15th street, Miami Beach, Florida, and further
authorize the Mayor and City Clerk to execute the Agreement.
PASSED and ADOPTED this
day of
,1994.
ATTEST:
MAYOR
F6ftM APPR 0 2
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By ~_-J ~ _",.iI'../ AG~~~_R _{_ A
DIte f'/tVr /lATE 4- 20 -Cfi-
CITY CLERK
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,
" PARkING lOT La::ASa:: AGRHMa::NT
This Agreement is entered into this _ day of
1994, by and between BELLSOUTH TelECOMMUNICATION, INC., d/b/a Southern Bell
Telephone and Telegraph Company, a Georgia corporation with local business offices at 6451
North Federal Highway, Room 820, Ft. Lauderdale, Florida 33308, as LESSOR, hereinafter
referred to as "SOUTHERN BELL", party of the first part, and the CITY OF MIAMI BEACH, a
political subdivision of the State of Florida, with offices at 1700 Convention Center Drive,
Miami Beach, Florida 33139, as LESSEE, hereinafter referred to as "CITY", party of the second
part.
WHEREAS, the current parking situation in the South Beach area has reached critical
proportions with a severe parking shortage resulting in a limited number of parking spaces in
existence to accommodate an increasing number of vehicles; and
WHEREAS, SOUTHERN BELL owns a large parking lot containing approximately 102
spaces and measuring approximately 55,000 square feet in size, located at 1030 15th Street,
Miami Beach, Florida, said parking lot property hereinafter referred to as the "Parking Lot"
and/or "Leased Premises"; and
WHEREAS, while the Parking Lot is owned by SOUTHERN BELL to meet the City's
Zoning Code requirements for off-street parking to serve SOUTHERN BELL's 1550 Lenox
Avenue Central Office Building and vacant 1560 Lenox Avenue Administrative Building, a
portion or all of the Parking Lot is not being used by SOUTHERN BELL; and
WHEREAS, in an attempt to alleviate the critical parking shortage in this South Beach
area, the CITY desires and has requested to lease all or a portion of the Parking Lot from
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AGENDA
ITEM
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DATE
SOUTHERN BELLi and
WHEREAS, while the Parking Lot property has been unused during the past several
years, SOUTHERN BELL does have a future need for its Network Engineering and Construction
forces to use all or a portion of the Parking Lot; and
WHEREAS, SOUTHERN BELL is willing to support the CITY's and community's need
(or additional parking.
NOW THEREFORE, in consideration of the payment of ten dollars ($10.001 and other
good and valuable consideration, the adequacy and receipt of which are hereby
acknowledged, the parties hereto hereby agree as follows:
1. SOUTHERN BELL warrants ownership of the fee simple title to the Parking Lot
property and SOUTHERN BELL has the right to execute this Lease Agreement,
2. Upon performance of the CITY's obligations under this Lease Agreement,
SOUTHERN BELL will maintain the CITY in quiet possession and enjoyment as against any
claim of SOUTHERN BELL, its heirs, executors, administrators, successors or assigns, or any
other person during the term o( this Lease.
3. SOUTHERN BELL shall pay all taxes, special assessments and public charges
levied against the Parking Lot, payable during the term of this Lease Agreement.
4. Upon termination of this Lease Agreement, the CITY shall deliver possession of
the Leased Premises to SOUTHERN BELL in the same general condition as when received,
excepting however, ordinary wear, tear and deterioration or damage by the elements.
5. The term of this Lease Agreement shall be month to month starting June 1, 1994,
and ending no later than December 31, 1996.
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6. This Lease Agreement shall be subject to termination, with 01' without cause, for
convenience by either party, upon thirty (30) days written notice to the other party.
7. SOUTHERN BEll shall have first priority use of all or a portion of the 103
spaces Parking lot property for the purpose of parking and/or storing its company and
employee vehicles and/or construction eql.lipment.
8. The number of parking spaces initially leased to the CITY will be approximately
_ spaces. The number of spaces allocated to the CITY during the term of this lease
Agreement will be at the sole discretion of SOUTHERN BELl. Upon thirty (30) days written
notice from SOUTHERN BEll to the CITY, SOUTHERN BEll may increase or decrease the
number of spaces leased to the CITY.
9. The parking spaces leased to t.he CITY shall be used solely for the purpose of
residential parking, on a first come first serve basis or as otherwise to be determined by the
CITY's Parking Department, 24 hours per day, seven days per week, holidays included.
10. The parking spaces leased to the CITY shall be separated from those utilized by
SOUTHERN BELl. The work and all expenses associated with any fencing. gates, sign age,
and/or painting of bumper stops required for the identification and separation of the CITY's
spaces shall be paid for by the CITY. If SOUTHERN BEll peri'orms any of the above, the costs
of such wortc shall be reimbursed by the CITY to SOUTHERN BELL within fifteen (15) days
upon receipt of any invoice form SOUTHERN BEll detailing the expenses of separation of the
CITY spaces.
11. The enforcement of any towing or removal of vehicles from the CITY's spaces
shall be the sole responsibility and expense of the CITY.
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12. The lease rate shall be ten dollars ($10.00) per space per month, plus any
applicable Florida State sales taxes. Rental payments shall be made on or before the first day
of each calendar month with payment to BellSouth Telecommunications, Inc. and mailed to
attention: do Administrator Real Estate, 6451 North Federal Highway, Room 820, Ft.
lauderdale, Florida 33308. For questions directed to SOUTHERN Bellon the rental
payments, contact Kristi Farrell at (30S) 492-3767.
If SOUTHERN BEll does not receive the rent payment within ten (10) days of the due
date, the CITY further agrees to pay a late charge of three dollars ($3.00) per day in addition
to the amount due, beginning with the day the rent payment was due to be paid unless the
payment was postmarked prior to the day the rent was due.
13. This lease Agreement shall not be recorded in the Public Records by either
party. This lease Agreement is not assignable by either party.
14. Written notices requires under this lease shall be delivered as follows:
CITY: City Manager
1700 Convention Center Drive
Miami Beach, FL 33139
with copies to:
City Attorney's Office
1700 Convention Center Drive
Miami Beach, FL 33139
SOUTHERN BELL:
Real Estate Manager
6451 North Federal Highway, #820
Ft. lauderdale, Fl 33308
(305) 492-3670
t 5. SOUTHERN BEll shall not be required to provide for the benefit of the CITY
and the CITY's leased spaces, lighting of the Parking Lot, security guard services, and/or trash
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removal or clean-up.
16. INDEMNITY: SOUTHERN BEll shall not be liable to the CITY, its officers,
directors, employees, agents, its successors or assigns, for any damage, whether to person or
property, occasioned by any act, omission or negligence of SOUTHERN BEll, or any defect
in or on the leased Parking lot premises. Subject to the limitations of Section 768.28 of the
Florida Statutes, the CITY agrees to indemnify and save SOUTHERN BEll harmless from and
against all claims and demands for or in connection with, any accident, injury or damage
whatsoever caused to any person or property arising directly or indirectly, out of the CITY's
rental or use of the leased Parking lot premises, or arising from any act or omission of the
CITY or its servants, agents, concessionaires, employees, or contractors, and from and against
any and all costs, expenses and liabilities (including. without limitation, any attorney's fees
for trial and appellate proceedings) incurred in connection with any such claim or proceeding
brought thereon.
17. Any controversy or claim for money damages arising out of or relating to this
lease Agreement, or a 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 hereto. In that
regard, the parties shall mutually select one arbitrator, but to the f!xtf!nt the partil'S t:annot
airef!. upon the arbitrator. then the American Arbitration Association shall appoint one.
Judgment upon the award rendered may be entered into any court having jurisdiction, or
application may be made to such court for an order of enforcement. Any controversy or claim
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other than a controversy or claim for money damages arising out of or relating to this lease
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.
18. The CITY shall procure and maintain during the term of this lease Agreement,
liability coverage including bodily injury and property damage, in an amount no less than
$500,000 per person per occurrence. Said insurance shall provide primary coverage of the
leased Premises and shall name SOUTHERN BEll as an additional insured. This coverage
shall be maintained by an insurance company duly authorized to do business in the State of
Florida and rated A:X or better per A.M. Best's Key Rating Guide (latest edition). The C1TY
shall furnish SOUTHERN BEll with a Certificate of Insurance disclosing the type and
amount of insurance obtained and providing that the policy may not be canceled or
materially altered except upon ten (10) days written notice to SOUTHERN BELl. It is further
agreed to by the parties hereto that, as the CITY is self-insured, and should the CITY's Risk
Manager determine that the aforestated coverage may be included within the scope of that
self insurance, then such coverage as stated herein shall be deemed satisfied for purposes of
this lease Agreement upon the CITY providing to SOUTHERN Bell a statement of self-
insurance coverage.
19. SOUTHERN BEll makes no covenant, representation or warranty as to the
suitability of the Parking lot premises for any purpose whatsoever or as to the physical
condition of the leased Premises. The CITY acknowledges having inspected the leased
Premises, having observed its physical characteristics and existing conditions, and having
had the opportunity to conduct such investigation and study on and of said leased Premises
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as the CITY deems necessary. The CITY hereby waives any and all objections to or complaints
about physical characteristics and existing conditions, includin& without limitation, subsurface
conditions, paving, bumper stops, drainage, and lighting related to the leased Premises Q[
parkinillot. The CITY further acknowledges and agrees that the leased Premises are to be
leased imd accepted by the CITY, in their present condition, "As Is", and hereby assumes the
risk that adverse physical characteristics may not have been revealed by the CITY's
investigation.
20. In accordance with SOUTHERN BEll's conflict of interest policy with respect
to lessorllessee relationships, it is hereby stipulated by the CITY that, to the best of its
knowledge and belief, it has not employed, retained, induced, or directed any person
employed by SOUTHERN BEll or its affiliates, to solicit or secure this lease Agreement upon
agreement, offer, understandin& or implication involving any form of remuneration
whatsoever. The CITY ailrees that in the event of an allPilation nf substance (the determination
of which will be made solely by SOUTHERN BELLI reilardin, violations of this section /201
the CITY will cOQperate in establishin, whether the alleililtion is true
Not withstandinl any provision or provisions of this instrument to the contrarY. the
CITY a,rees to be Iiahle for and a,rees to pay SOUTHERN BELL any damaaes directly
resultinl to SOUTHERN BEll hf!cause ohny violation of this section /201.
21. This lease constitutes the entire Agreement of the parties and any changes
hereto must be made in writing and signed by both parties.
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IN WITNESS WHEREOF, the parties hereto have executed this Lease Agreement in
duplicate the day and year first above written.
Signed, sealed and delivered
in the presence of:
lESSOR:
BELLSOUTH TELECOMMUNICATIONS, INC.
BY:
L.A. Densmore, Manager
Real Estate/Southem Bell Region
Signed, sealed and delivered
in the presence of:
lFSSEE:
CITY OF MIAMI BEACH
ATTEST:
Mayor Seymour Gelber
City Clerk
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4/14/94
By
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