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83-17477-1 :if..? 37 RESOLUTION NO. 83-17477 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH ADMIRAL TOWERS CONDOMINIUM, INC., A FLORIDA NOT-FOR- PROFIT CORPORATION, FOR THE LEASE OF PARKING SPACES ADJACENT TO 1025 JEFFERSON AVENUE, MIAMI BEACH, FLORIDA. WHEREAS, the City Commission has reviewed the Lease Agreement between Admiral Towers Condominium, Inc., a Florida not- for-profit corporation, and the City of Miami Beach; and WHEREAS the City of Miami Beach, desires to lease not less than eighteen parking spaces in the parking garage adjacent to 1025 Jefferson Avenue, Miami Beach, Florida, in order to have adequate parking for City of Miami Beach Fire Prevention and Inspection vehicles and trucks and other City employee and/or City vehicles as may be on the premises adjacent to City of Miami Beach Fire Station No.1, located at 1051 Jefferson Avenue, Miami Beach, Florida; and WHEREAS, the Ci ty Manager has recommended execution of the Agreement, and the Legal Department has approved it as to form, NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Clerk shall execute the Lease Agreement between Admiral Towers Condominium, Inc., a Florida not-for-profit corporation, and the City of Miami Beach. PASSED and ADOPTED this 21st day of September, 1983. .~~~ MAYOR ATTEST: -d{4,-~ ~-~ CIT CLERK .- )R~r~ APPROVED LEGAL DEPT. RESR/jhd By Date ~~ry~ O_FICE OF THE CITV ATTORNEV . 1700 CONVENTION CENTER DRIVE. MIAMI BEACH. FlORIO'" 33139 ~. .. . \ . LEASE AGREEMENT THIS AGREEMENT made and entered into this 11th day of October 1983, by and 'between the ADMIRAL TOWERS CONDOMINIUM, INC., a Florida not-for-profit corporation, (hereinafter referred to as "Lessor") and the CITY OF MIAMI BEACH, a municipal corporation organized and existing under the laws of the State of Florida (hereinafter referred to as "Lessee"). WIT N E SSE T H: 1. That in consideration of the covenants and agreements herein expressed and the faithful performance by the Lessee of all such covenants and agreements, the Lessor does hereby demise and lease to the Lessee and the Lessee does hereby rent and take as Lessee the following described premises: Not less than eighteen (18) parking spaces in the parking garage adjacent to 1025 Jefferson Avenue, Miami Beach, Florida 33139, which are more properly described as: Lots 12 and 13, Block 69, OCEAN BEACH SUBDIVISION, according to the Plat thereof as recorded in Plat Book 2 at Page 81 of the Public Records of Dade County, Florida, with the understanding that Lessee shall have the right of ingress and egress through the Lessor's property but acquires hereby no other 'right in the building adjoining hereto other than as specified above. 2. Lessee represents that such premises are being rented for the purpose of: Having not less than eighteen (19) parking spaces available twenty-four (24) hours a day; seven (7) days a week, in order to have adequate parking for City of Miami Beach Fire Prevention and Inspection vehicles and trucks, and other City employee and/or City vehicles as may be on the premises adjacent to the City of Miami Beach Fire Station No.1, located at 1051 Jefferson Avenue, Miami Beach, Florida, and for no other purpose whatsoever without the written consent of the Lessor. 3. To have and to hold the above-described premises unto the Lessee for a period of ten (10) years commencing on the 21st day of Sentember , 1983, and ending on the 20th day of September ... 1993, unless as terminated by the parties as provided for herein. 4. Termination. This Agreement may be terminated, for cause, by either party, by the giving of at least thirty (30) days written notice to the other party of its intention to so terminate this Lease, at the end of which time all of the rights of either party hereunder shall terminate and end. "For cause" as used herein shall include the Lessor's need for additional parking areas or spaces. 5. Improvements by the City. The Lessee agrees to construct and install at its own expense the following personal property upon the demised premises: Gates and Fences around the perimeter area of the demised premises; egress and ingress thereto from Jefferson Avenue and~.1O. the Alley-way (meridian Court); the materials, length, width, design, engineer ing and location thereof to be as reasonably agreed upon by the parties. 6. Loss or Damage to Property within Demised Premises. Any loss or theft or damages which occurs to personal property of ei ther the Lessee as descr ibed herein or the Lessor as descr ibed herein, recognizing that the Lessor is a condominium and therefore, it is intended to include all unit owners of said condominium, shall be at that parties sole responsibility, risk and espense. Lessor expressly agrees that it will only hold the Lessee responsible for any damages or theft to property located on the demised premises as described in this section, or for any personal injury, wrongful death, or any bodily injury which occurs by virtue of the use of the leased premises by the Lessee when such action or event has been caused by and arises through negligence of the Lessee, its agents, servants, employees, licensees, and invitees. 7. Assignments. The parties shall not assign this Lease without the written consent of the other party. 8. Conflict of Interest. Under the City of Miami Beach's conflict of interest ordinance, no City employee is permitted to -2- .' accept any gratuity which includes money or anything of value. Therefore, under no circumstances are City employees to be offered payments or gifts of any kind. 9. In the event any dispute arises concerning this agreements or its interpretation, then such dispute shall be determined by arbitration in accordance with the rules of the American Arbitration Association. 10. Amendment or Modification. Both parties agree that they have not relied on any statements, representations, agreements, or warranties, except as they are expressed herein, and that no amend- ment or modification of this Lease shall be valid unless expressed in writing and executed by the parties hereto in the same manner as the execution of this Lease. All terms and conditions of this Lease shall be binding upon the parties, their. heirs, representatives and assigns. . 11. Notices. All notices required to be given to the Lessor hereunder shall be sent by certified or registered mail to: Admiral Towers Condominium, Inc. Attention: President 1020 Meridian Avenue Miami Beach, Florida 33139 All notices required to be given to the Lessee hereunder shall be given by certified or registered mail to: City of Miami Beach Attention: City Manager 1700 Convention Center Drive Miami Beach, Florida 33139 12. Taxes. Lessor shall pay all Federal, state and local taxes arising as a result of this Agreement. 13. Renewal. It is understood and agreed between the parties that the Lessee may renew and extend this Agreement for periods of ten (10) additional years, not to exceed a total of two (2) such extensions. The Lessee shall give the Lessor written notice at least forty-five (45) days in advance of any such extension. -3-'- :, '-r.-~ . 14. Improvements on Demised Premises. The parties agree that the improvements to be constructed and installed by the City as set forth in paragraph 5 hereof, shall remain the property ., of' the Lessor. IN WITNESS WHEREOF the parties by their duly authorized officials and officers have affixed their signatures as follows: LESSOR: ADMIRAL TOWERS CONDOMINIUM, INC. Bd~a~- Max Bernstein, President ATTEST: JlJ. ~~ se~tary . ~ DATED: M .27 Ifl3 LESSEE: CITY OF MIAMI BEACH, FLORIDA By_'_ /;: c:z~// -- Mayor ATTEST: ~'~ " ~-..L h-,+ -"~ City Clerk I~I///r~ DATED:~J ~ APPROVED AS TO FORM: D"P~oi~3 DATED: :" -4- :0:..