Termination of lease agreement with TRG Alaska III, LLC (2) RESOLUTION NO. 88-19440
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA,
AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE A LEASE AGREEMENT WITH WASHINGTON
I1ARRISON PROPERTIES, INC. , FOR USE OF
CITY OWNED PROPERTIES IN BLOCK 51 BETWEEN
ALTON ROAD AND WASHINGTON AVENUE AND
BETWEEN BISCAYNE STREET AND COMMERCE
STREET FOR A ONE-YEAR PERIOD COMMENCING
ON DECEMBER 1, 1988.
BE IT TTREpSOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI
7� ?7
WHEREAS, the City Commission of the City of Miami Beach,
Florida, has been advised that Washington Harrison Properties,
Inc. , desires to lease City owned property located in Block 51
(between Alton Road and Washington Avenue and between Biscayne
Street and Commerce Street) , the legal description of which is
set forth in the attached Lease Agreement for the purpose of
temporary parking and for no other purpose whatsoever; and
WHEREAS, a consideration of $10. 00 per year and other good
and valuable consideration has been agreed upon; and
WHEREAS, the term of the lease will be for one year, and
automatically extended from year to year thereafter, unless
cancelled upon thirty (30) days notice; and
WHEREAS, a lease agreement has been recommended by the City
Manager and approved as to form by the City Attorney.
NOW, THEREFORE BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, that the Mayor and the City Clerk
be and -they are hereby authorized and directed to execute -the
above--described lease agreement on behalf of the City, and that
the City Manager is hereby authorized and directed to carry into
effect the terms and provisions unde= taken therein by the City.
PASSED and ADOPTED this 16th day of Novembo 1 88.
MAYO
Attest:
FORM APPROVED
PNB/mml
11/!/88 LEM
BY �•.•
LEASE AGREEMENT
THIS AGREEMENT made and entered into this / day of
November, 1988, by and between the CITY OF MIAMI BEACH, a Florida
municipal corporation (hereinafter referred to as "Lessor") and
Washington Harrison Properties, Inc. , (hereinafter referred to as
"Lessee") .
W I T N E S S E T H:
WHEREAS, Lessee is the owner of the following described
property located on Biscayne Street in Miami Beach:
Lots 19, 208 21, 22, 23, 24, 25, 26, 27,
and 28, Block 51, OCEAN BEACH, FLORIDA
ADDITION NO. 3, according to the plat
thereof recorded in Plat Book 2, at Page
81, Public Records of Dade County,
Florida.
hereinafter referred to as "Lessee's Separate Property") ; and
WHEREAS, Lessor is the owner of the following described
property located on Biscayne Street in Miami Beach:
See Exhibits "A" and "B" attached hereto
and by reference made a part hereof.
hereinafter referred to as the "Demised Premises") ; and
WHEREAS, Lessee has requested Lessor to lease Lessee the
Demised Premises for the purpose of 'assembling a temporary
surface parking lot along Biscayne Street from Alton Road to
Washington Avenue and in the northerly direction to the alleyway
between Biscayne Street and Commerce Street; and
WHEREAS, Lessee has represented and warranted to Lessor that
Lessee will demolish all above ground structures located on
Lessee's Separate Property within 120 days of the date of the
Agreement, and will complete improvements for a temporary parking
lot on Lessee's Separate Property as well as on the Demised
Premises within 180 days of the date of this Agreement; and
WHEREAS, Lessor is relying on the aforesaid representation
and warranty of Lessee in entering into this Lease Agreement.
NOW THEREFORE, in consideration of $10.00 and other good and
valuable consideration, the parties agree as follows:
1. The foregoing recitals are true and correct and are
hereby incorporated into this Lease Agreement.
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2. The Lessor does hereby lease to the Lessee for a period
of one (1) year from December 1, 1988, through November 30, 1989,
or such earlier date as provided for herein, the following
properties located on Biscayne Street in Miami Beach, more
properly described by the following description:
See Exhibits "A" and "B" attached hereto
and by reference made a part hereof.
with the understanding that the Lessee shall have the right of
ingress and egress to the aforementioned property, and the right
to use such Demised Premises for the sole purpose of:
Temporary parking for the period
specified herein and for no other purpose
whatsoever, without the prior written
consent of the Lessor.
The Lessor hereby agrees to permit the Lessee upon the
faithful performance of the terms and covenants of this Lease, to
peaceably and quietly have, hold and enjoy the use of said
premises for the purpose and for the term aforesaid.
3. This Lease shall be automatically renewable for
subsequent terms of one (1) year each, until notice of
termination is given as provided herein.
4. The Lessee hereby covenants and agrees to pay the said
Lessor, at City of Miami Beach, Attention: Contract
Administrator, City Hall, 1700 Convention Center Drive, Second
Floor, Miami Beach, Florida 33139, a rental fee of Ten Dollars
($10.00) for the one year term.
5. In addition to the rental set forth above, Lessee shall
be responsible for and pay the Lessor all sales tax and any other
taxes on said rental, and Lessor shall also be responsible for
all state and local taxes arising as a result of this Agreement,
including but not limited to those levied against the City.
6. Lessor shall not be responsible for any damage or
injury that may occur to the Lessee, its agents, servants,
employees, guests, invitees or any other person or property, from
any cause during the period covered by ,this Agreement. Lessee
hereby expressly releases Lessor from and agrees to indemnify,
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• defend and hold Lessor harmless against any and all claims for
any such loss, damage or injury which may arise or accrue by
reason of the use by Lessee of the Demised Premises. The Lessee
shall be required to maintain in full force for the duration of
this Agreement insurance coverage in the amount of One Million
Dollars ($1,000,000.00) , for death or bodily injury and property
damage, per occurrence, and name the City as an additional
insured on Lessee's policy. The City shall be given at least
thirty (30) days advance written notice of cancellation of said
policies or any material modifications thereof. All certificates
of insurance coverage shall state that the insurance is primary
to all other insurance coverage carried by the City of Miami
Beach. Certificates of insurance shall be filed with the Finance
Department, Risk Management Division, of the City of Miami Beach.
The insurance coverage required shall include those
classifications as listed in the standard liability insurance
manuals, which most nearly reflects the operation of Lessee. All
insurance policies shall be issued by companies authorized to do
business under the laws of the State of Florida and must be rated
at least "A" as to management and Class "X" as to financial
strength, all in accordance with A.M. Best Key Rating Guide,
latest edition. The City reserves the right to amend insurance
requirements as circumstances dictate in order to protect the
interest of the City in this Lease Agreement. The Lessee shall
furnish certificates of insurance to the City prior to the
commencement of operations, which certificates shall clearly
indicate that the Lessee has obtained insurance in the type,
amount and classifications as required for strict compliance with
this covenant, and shall be subject to the approval of the
Department of Finance, Risk Management Division.
7. Lessee shall not sublet said Demised Premises, nor any
part thereof, nor assign this Lease without the prior written
consent of the Lessor. Lessee shall not suffer any use 'of said
premises other than herein specified.
8. Either party shall have the right to terminate this
Lease upon thirty (30) days written notice to the other party.
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This Lease shall also terminate upon thirty (30) days written
notice from Lessor, at any time after Lessee sells, leases,
assigns or transfers any interest in the Lessee's Separate
Property. Lessee shall give Lessor written notice of any such
sale, lease, assign or transfer of any interest in Lessee's
Separate Property.
9. Lessee agrees to abide by and comply with all federal,
state, county, and City of Miami Beach statutes, codes,
ordinances, rules and regulations that apply to the Demised
Premises.
10. Lessee agrees to maintain and keep in good repair,
c during the term of this Lease or an
condition and appearance, g y
extension or renewal, the Demised Premises, to include, but not
be limited to, the exterior condition and appearance of the
properties, including the landscaped areas.
11. If exterior signs are requested, they will be of a
design and form approved by the City. Lessee shall assume the
costs of any such signs. All signs shall be removed by Lessee
upon termination of this Lease, and any damage or ups.ightly
condition caused to the Demised. Premises because of said signs
shall be corrected and repaired by Lessee to the satisfaction of
the City.
12. All personal property placed or moved onto the Demised
Premises shall be at the sole risk of the Lessee or the owner
thereof. The City shall not be liable to the Lessee for any
damage to said personal property from any cause whatsoever.
13. Lessee further covenants that if any default is made in
the payment of any rent or any part thereof at the times above
specified, or if any default is made in the covenants or
agreements herein contained, this letting and the relation of
landlord and tenant, at the option of the Lessor, shall cease and
terminate and the relation of the parties shall be the same in
all respects as if said term had fully expired; and Lessor may
re-enter said Demised Premises and hold the same as in its former
state therein, remove all persons and property therefrom, and
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resort to any legal proceeding to obtain such possession. And
the Lessee shall, notwithstanding such re-entry, pay the full
amount of said rental as herein agreed to be paid. Lessee
further agrees to pay the Lessor's reasonable attorneys' fees, in
the event the Lessor is required to institute suit when the
Lessee is in default under this Agreement, which said attorneys'
fees shall include the costs of any appeal.
14. Any alterations, variations, modifications or waivers
of the provisions of this Agreement shall only be valid when they
have been reduced to writing and duly signed by authorized
representatives of both parties.
15. This Lease contains the entire Agreement between the
parties hereto and all previous negotiations leading thereto, and
it may be modified only by resolution approved by the governing
body or duly authorized corporate officers of each party.
16. Lessee shall not make any alterations or additions to
the Demised Premises, except as may be expressly provided for
herein, without the prior written consent of the Lessor. Lessor
hereby consents to Lessee improving the Demised Premises with
temporary surface parking facilities. Lessee hereby agrees that
Lessee will demolish all above ground structures located on
Lessee's Separate Property within 120 days of the date of this
Agreement and will complete all improvements for a temporary
parking facility on Lessee's Separate Property as well as on the
Demised Premises within 180 days of the date of this Agreement;
provided that if Lessee does not improve that portion of the
Demised Premises lying north of the alleyway Lessee agrees to
maintain that portion of the Demised Premises lying north of the
alleyway, by mowing the grass thereon, removing debris, and
taking all other measures to keep same in good repair, condition
and appearance.
17. Lessee covenants that on the last day of the term or on
the last day of any renewal or extension granted by the City,
LESSEE will peaceably and quietly leave and surrender the Demised
Premises in as good a condition as they now are, ordinary wear
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and tear, repairs and replacements required to be made by Lessor,
additions and improvements herein permitted, excepted. The
Lessee shall have the right to remove any fixtures or equipment
which it has installed with 'the prior written permission of the
City upon the termination of this Agreement or any renewal
thereof.
18. All notices herein required shall be addressed to the
Lessor to the attention of the City Manager at the place where
rent is payable, i.e, City of Miami-,Beach, 1700 Convention Center
Drive, Miami Beach, Florida 33139 or such other place as the
Lessor may designate in writing; and to the Lessee addressed to
Washington Harrison Properties, Inc. , 4101 N. 41st Street,
Hollywood, Florida 33021. All notices shall be by certified
mail, return receipt requested, and shall be effective upon
mailing.
IN WITNESS WHEREOF, the parties hereto have caused these
presents to be signed by the day and year first written above.
LESSOR:
CITY OF EAC
BY,,
Y
ATTEST:
CITY CLERK
ATTEST..
LESSEE.
WASHINGTON HARRISON
PROPERTIES, INC.
CAJ
BY:
' _ 01 `
RRY ORTZ, P SID NT
APPROVED AS TO FORM:
6�
LEGAL DEPARTMENT
PNB/mml .
11/7/88
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RESOLUTION NO. 88-19440
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA,
AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE A LEASE AGREEMENT WITH WASHINGTON
HARRISON PROPERTIES, INC. , FOR USE OF
CITY OWNED PROPERTIES IN BLOCK 51 BETWEEN
ALTON ROAD AND WASHINGTON AVENUE AND
BETWEEN BISCAYNE STREET AND COMMERCE
STREET FOR A ONE-YEAR PERIOD COMMENCING
ON DECEMBER 1, 1988.
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA:
WHEREAS, the City Commission of the City of Miami Beach,
Florida, has been advised that Washington Harrison Properties,
Inc. , desires to lease City owned property located in Block 51
(between Alton Road and Washington Avenue and between Biscayne
Street and Commerce Street) , the legal description of which is
set forth in the attached Lease Agreement for the purpose of
temporary parking and for no other purpose whatsoever; and
WHEREAS, a consideration of $10.00 per year and other good
and valuable consideration has been agreed upon; and
WHEREAS, the term of the lease will be for one year, and
automatically extended from year- to year thereafter, unless
cancelled upon thirty (30) days notice; and
WHEREAS, a lease agreement has been recommended by the City
Manager and approved as to form by the City Attorney.
NOW, THEREFORE BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, that the Mayor and the City Clerk
be and they are hereby authorized and directed to execute the
above-described lease agreement on behalf of the City, and that
the City Manager is hereby authorized and directed to carry into
effect the terms and provisions unde-ctaken therein by the City.
PASSED and ADOPTED this 16th day of Novembpf 1 88.
MAYO
Attest:
PNB/mml
FORM ED
11/7/88 -,.` LEQAL
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