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83-17279 • RESOLUTION NO. 83-17279 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ADOPTING A PROPOSED STANDARDIZED LEASE AGREEMENT TO BE USED BETWEEN PARTICIPATING SOCIAL SERVICE AGENCIES AND THE CITY AND ADOPTING A SUGGESTED USAGE CRITERIA LIST AT AND FOR SOUTH SHORE COMMUNITY CENTER. WHEREAS, the City of Miami Beach, Florida, desires to implement an efficient usage program for South Shore Community Center; and WHEREAS, the Community Affairs/Human Services and Recreation Departments have prepared a usage criteria list and standardized lease agreement to be used between various independent, not for profit agencies and the City; and WHEREAS, optimum usage of South Shore Community Center is desired, avoiding all duplicative services, to benefit the Miami Beach community in general. NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the City Commission approve and adopt the suggested lease agreement as a standard lease agreement between participating agencies and the City. BE IT FURTHER RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the suggested usage criteria format be adopted in order to effectively initiate all interested programs. These criteria will efficiently utilize all available working space at the Center. A copy of the lease agreement and usage criteria are attached hereto. PASSED and ADOPTED this 2nd day of March , 1983. MAYOR Attest: 442' ) /1 % City Clerk 4 4x. a AGREEMENT This Agreement made and entered in this day of , 1983, by and between the City of Miami Beach, a Florida municipal corporation, hereinafter referred to as the "LESSOR" and , hereinafter referred to as "LESSEE". WITNESSETH The Lessor, is the owner of a certain parcel of land and facilities in Dade County, Florida, commonly known as the South Shore Community Center, 833 - 6th Street, Miami Beach, Florida, and the Lessee desires to use square feet for office space for the , as shown in Exhibit "C". Wherefore, in consideration of the sum of One Dollar ($1.00) each to the other in hand paid, the receipt of which is hereby acknowledged, and the further consideration of the mutual covenants each to the other made as follows: 1. The Lessor does hereby lease to the Lessee, the above indicated square footage at the South Shore Community Center, 833 - 6th Street, Miami Beach, Florida, for a period of one (1) year commencing and terminating at midnight on 2. Use of Leased Property - It is understood and agreed that the leased premise shall be used by the for . Lessor reserves the right to use said leased premises during non-use hours of such programs. 3. Condition of Leased Property - The Lessor, at its own expense, shall cause the leased premises to be in a state • of good repair and suitable for usage by the Lessee at the commencement of this lease period. 4. Telephone - Lessee shall pay all costs incurred for tele- phones, usage, and installation. 5. Maintenance & Utilities - The Lessee agrees to pay $ per year for daily janitorial maintenance and electrical usage and general upkeep of said property. Amount to be established on a per square foot basis at a rate of $ per square foot. Payment of maintenance fee will be divided on a quarterly basis, to begin the first month of the lease and every third month thereafter. 6. Alterations by Lessee - The Lessee may not make any alterations, additions, or improvements in or to leased premises without the prior written consent of the City Manager or his designee. All additions, fixtures, or improvements (except stores and office furniture and fixtures which are removable without injury or damage to the leased premises) shall be and remain a part of the leased premises at the expiration of this Lease. Subject to the above, any carpeting and removable partitions installed by the Lessee within the leased premises shall remain the Lessee's property and may be removed by the Lessee upon expiration of this Lease Agreement or any renewal or cancellation thereof. -PAGE 1- • 7. Destruction of Lease Premises - In the event the leased premises shall be damaged, destroyed or otherwise rendered unusable for the purpose of this Agreement and thereby the fulfillment of this Lease by Lessor is rendered impossible, then and thereupon this Agreement shall ter- minate and Lessee shall make no claim against Lessor, its agents or servants, for damages or compensation should this Agreement be so terminated. 8. Assignment - Lessee shall not assign this Lease without the written consent of the City Manager nor suffer any use of said premises other than herein specified. 9. The Lessee agrees that in the event any activities upon the leased premises that are deemed objectionable by the Lessor, the Lessee will immediately upon request, curtail, modify or stop the said activity in accordance with said request. 10. Signs - If exterior signs are requested, they will be of a design and form approved by the City Manager. Lessee shall assume the cost of any such signs. All signs shall be removed by Lessee upon the termination of this Lease and any damage or unsightly condition caused to the leased premises because of or due to said signs shall be corrected or repaired by Lessee to the satisfaction of Lessor. 11. Lessor's Right or Entry - Lessor, or any of its agents, servants or employees, shall have the right to enter said premises to verify compliance with the proposal submit- ted by the Lessee. 12. The Lessee shall not injure, mar, nor in any manner deface or cause to be destroyed, defaced, altered, modi- fied or physically changed, the leased premises or any portion thereof, or any equipment, fixture, or other item contained therein shall be destroyed, damaged, marred, altered, or physically changed in any manner whatsoever, and such is not done by and with the expressed authority of Lessor, but is the act, default or negligence of Lessee, its agents, employees, patrons, guests, or any person admitted to the leased premises by Lessee, then and in that event, Lessee will pay such sum as shall be necessary to repair, replace, or restore the premises or item(s) contained therein to its previous, whole and uninjured or unaltered condition. Lessee hereby assumes full responsi- bility for the character, acts and conduct of all persons admitted to the leased premises during the term of this Agreement by the Lessee or by or with the consent of any person acting for or on behalf of Lessee. 13. Lessee is entrusted to properly care for all equipment owned by the Lessor and used by the Lessee and located on the premises during the term of this Agreement and all such equipment which shall become lost, stolen, or which shall have disappeared, shall be the sole responsibility of Lessee and Lessee shall pay the full replacement cost thereof to Lessor. All personal property placed or moved into the leased premises shall be at the risk of the Lessee or the owner thereof. The Lessor shall not be liable to the Lessee for any damage to said personal property. 14. Liability for Damage or Injury - Lessor shall not be responsible for any damage or injury that may occur to -PAGE 2- • Lessee, its agents, servants, employees, clients, or pro- perty from any cause during the period conveyed by this Agreement. 15. Peaceful Possession - Subject to the terms, conditions, and covenants, Lessor agrees that Lessee shall and may peaceably have, hold and enjoy the premises above described, without hindrance or molestation by Lessor. 16. Surrender of Premises - Lessee agrees to surrender to Lessor, at the end of the term of this Lease or any extention thereof, said leased premises in as good con- dition as said premises were at the beginning of the term of this Lease, ordinary wear and tear, and damage by fire and windstorm or other Acts of God, excepted. 17. Insurance and Hold Harmless - Lessee shall provide com- prehensive general liability insurance in the amount of 1 ,000,000.00 for bodily injury and property damage, and name the Lessor as an additional insured on Lessee's policy. In addition, the Chief Executive Officer, upon resolution adopted by the Lessee's governing body author- izing same, shall execute the release, waiver, covenant not to sue, Agreement to hold harmless and to indemnify, attached hereto, designated as EXHIBIT "A", incorporated and made a part hereof. Lessee shall further comply with all the insurance requirements of the City of Miami Beach and shall have a certificate of Insurance approved by the City's Insurance Manager prior to commencing operations or receiving occupancy to said premises. 18. Successors in Interest - It is hereby covenanted and agreed between the parties hereto that all covenants, conditions, agreements and undertakings contained in this Lease shall extend to and be binding on the respective successors and assigns of the respective parties hereto, the same as if they were in every case named and expressed. 19. Termination - This Agreement may be terminated by either party hereto by written notice to the other party of such intent to terminate at least sixty (60) days prior to the effective date of such termination. 20. Notices - It is understood and agreed between the parties hereto that written notice addressed to Lessee and mailed or delivered to Lessee shall constitute sufficient notice to the Lessee, and written notice to the City Manager, City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, shall constitute notice to the Lessor, to comply with the terms of this Lease. Written notices for the Lessee shall be addressed to the Lessee, Notices provided herein in this paragraph shall include all notices required by law. 21. Subsequent Changes - Any alterations, variations, modifi- cations, or waivers of the provisions of this Agreement shall only be valid when they have been reduced to writing and duly signed by both parties. 22. The Lessee shall be required to meet all of the criteria for the use of the South Shore Community Center as specified in EXHIBIT "B". -PAGE 3- IN WITNESS WHEREOF, the parties hereto have caused these presents to be signed by the respective duly authorized officers, and the respective corporated seal to be affixed this day of , 1983. NAME/AGENCY BY: SWORN TO AND SUBSCRIBED before me this day of , 1983. Notary Public, State of Florida at Large CITY OF MIAMI BEACH, FLORIDA CITY MANAGER Attest: City Clerk 6,4,4- 441. 744,, _ - --,2_-_77 F 5 -PAGE 4-