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96-21865 RESO RESOLUTION NO. 96-21865 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE CITY OF MIAMI BEACH POLICE DEPARTMENT TO APPROPRIATE AND EXPEND $56,137.00 FOR THE CONTINUATION OF THE NORTH BEACH CITIZENS' EMPOWERMENT GRANT PROGRAM WITH FUNDS FROM THE U.S. DEPARTMENT OF JUSTICE, HIGH INTENSITY DRUG TRAFFICKING AREA (HIDTA), DRUG ELIMINATION COMMUNITY IMPACT DRUG PROGRAM; AND FURTHER APPROVING AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A LEASE AGREEMENT WITH MILLER ROSE PROPERTIES PARTNERSHIP, FOR THE PURPOSE OF OPERATION OF THE PROGRAM. WHEREAS, the U.S. Department of Justice and the Tri-Agency Governing Board of the South Florida HIDT A have agreed to fund the continuation of the Miami Beach Police Department Citizens' Empowerment Grant Program; and WHEREAS, the City will receive $56,137.00 in grant funds for the purpose of paying for salary and fringe benefits, office expenses, and vehicle expenses and programs; and WHEREAS, in furtherance of this grant, the City recommends entering into the attached Lease Agreement with Miller Rose Properties Partnership for the purpose of leasing office space located at 6988 Indian Creek Drive, Miami Beach, Florida, for operation of the program, with all costs for the lease associated therein to be funded by the grant; and WHEREAS, there is no cash match required by the City. NOW THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA as follows: Section I. The City of Miami Beach Police Department, through the Office of the City Manager, is authorized to appropriate and expend $56,137.00, as funded by the u.s. Department of Justice for continuation of the North Beach Citizens' Empowerment Grant. Section II. The Mayci. and City Clerk are authorized to execute the attached Lease Agreement with Miller Rose Properties Partnership for the purpose of leasing office space at 6988 Indian Creek Drive, Miami Beach, Florida, for the operation 0 e program. PASSED and ADOPTED this 10th da ATTEST: Ro~~ r~ CITY CLERK c:\ WPWIN60\ WPDOCS\RESOLUTN\HIDT AGNT.POL 1"'\ ".,~.. . ) i, r..; C", EPT LLtu'..... U I. Dy~1( ~4 Date -0:~f}G_._." CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139 COMMISSION MEMORANDUM NO. Q?r '1 ~ TO: Mayor Seymour Gelber and Memben of the City Commission DATE: January 10, 1996 SUBJECT: Jose Garcia-pedrosa. M City Manager Iff FROM: AUTHORIZATION TO ACCEPT $56,137.00 IN GRANT FUNDS FROM THE U.S. DEPARTMENT OF JUSTICE, HIGH INTENSITY DRUG TRAFFICKING AREA, DRUG ELIMINATION COMMUNITY IMPACT GRANT PROGRAM FOR CONTINUATION OF THE NORTH BEACH COMMUNITY EMPOWERMENT PROGRAM. ADMINISTRATION RECOMMENDATION Approval of the Resolution. BACKGROUND The Tri-county Governing Board of the South Drug Trafficking Area (HIDTA) has approved funding in the amount of $56,137.00 for Community Empowerment Grant Program. Florida High Intensity continuation of grant existing North Beach The grant funds will be utilized for the salary and fringe benefits of the Outreach Worker, office expenses, and vehicle expenses. In addition, the grant will pay all costs associated with the leasing of office space from Miller Rose Properties Partnership for office space located at 6988 Indian Creek Drive, Miami Beach, Florida. The lease agreement between the city and the lessor has been reviewed and approved by the City Attorney's Office. There is no cash match required by the City. CONCLUSION This program will continue to benefit the citizens of the City with a program not otherwise available with City funds. JGP/RB/MD/MMS/rad DATE Rl A l-lO-~~ AGENDA ITEM 12-21-1955 07;42 F.01/01 . Sd.T ']). Jk.I-€.^-.J us. Depu1maIt ~ Juatb - - UIIit<<I SltJltIf .Ii."." StJ&ItMm DUtriCl 0/ Florida 99 N.E.. M"'" IU.D. T.A. MRMOL\NDUM TOIAOINCY: PAX P1.ORWA CITY POUC:i DBPAllTMENT N. MIAMI IBACH POLIO! DEPARTMENT edt. GallIoMllG1la bdlh 0.. A1II1 OrabIIVRiobarcl Perry HWJWI POIJCB DBPAltTMINT ~PeB CIdtI ~ BoIIDD. POMPANO ~CB POLlCB DBPAllTMENT HWJL\H HOVIINO AU11IOIlIY edt. BIIl'Y I..iDdquiJtlCdr, DOll Murray Veramea J..opII/CIdDI Gada ..u. JIItIOD DY WEST PQIJCB DBP~'" soum JdJAMl POUCB J;)IPAllTMBNT CIpL ilia SIIIKIL;. 0Icqe WIIIUqUm CIUIf.... ........ Arm. LGIIII art. 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"..- , THIS AGREEMENT, entered into this ~1tSinEZZ 26th 11l r n z c' ( . day of December ,19 95 between MILLER ROSE PROPERTIES PARTNERSHIP , hereinafter called the lessor, party of the first !J1ll.t, and The City Of Miami Beach Police Department of the County of DADE and State of FLORIDA hereinafter called the lessee or tenant, party of the second part: Wl'l'NESSETH, That the said lessor docs this day lease unto does hereby hire and take as tenant under said lessor Room said lessee, and said lessee or Space NO'6988 Indian Creek Drive situate in Miami Beach State of FLORIDA ,to be used and oocupied by the lessee as employment ,guidence office and for no other purposes or uses whatsoever, for the term of 9 months subject and conditioned on the provisions of clause ten of this lease beginning the 1 s t day of January 1996 , and ending the 30th day of September , 19 96 at and for the agreed total rental of Eight Thousand Two Hundred and eighty dollars ($8280 Dollars, payable as follows: $850.00 plus sales tax if applicable. $30.00 for garbage and $40.00 for water. Begining on the 1st day of January and a like sum in advance on the first day of each month thereafter until September 30, 1996. 45 days prior to the expiration of the lease, Lessee must let Lessor know in writing if they wil continue occupancy, at that time, Lessor will let Lessee know if they will renew and if so, they will renegotiate the rent and terms qf lease. LATE CHARGES: Rent paid after the tenth of each month will be subject to a $15 per day late charge, retroactive to the first day of the month. Returned check will carry a $25 service fee and the Lessee will be required to pay future rent payments by cashier's check or cash. LESSOR ACKNOWLlmGES $850.00 AS SECURITY DEPOSIT nil payments to be made to the lessor on the first day of each and every month in advance without demand at the office of 1HLLER-ROSE PROPERTIES PARTNERSHIP, C/O ROSE & in the City of ROSE RE~LTY, P.A" 1981 NE 16O\T\lt~b~he~ther place and to such other person as the lessor North Mlaml Beach, Fl 33162 ' . , may from time to time designate in writing. The following express stipulations and conditions arc made a part of this lease lInd lire here- by assented to by the lessee: FIRST: The lessee shnll not assign this lense, nor sub-Jet. the premises, or ~ny part thereof nor use lhe same, or any part thereof, nor permit the same, or any part thereof, to be used for any other purpose than ns above stipu- lated, nor make any alterations therein, and all additions theroto, without the written consent of the lessor, und all additions, fixtures or improvements which may bo made by le.seo, except movable office furniture, Rhall be. come the proporty of the lo..or nnd remnln upon tho proml.o. n. a pan thereof, and be .urrendered with the premo Ises at the termination of this lease. SECOND: All personal property placed or moved in the premi"o. above described shall be al the risk or the lessee or owner thereof, and lessor shall not be liable for any dama/{e to said personal properly, or to the lessee arising from the bursting or leaking of water pipes, or f"om any act of negligence of any co-tenant or of cup ants of the building or of any other person whomsoever. , THIRD: That the teoaot shull promptly execule and comply with all statutes, ordinances rules, orders, regulations and requirl'ments of the Federal, State and City Government and of any and all their l~epRrl- ments and Bureaus upplicable to said prllmises, for till! correclion, prevllntion, and abatement of nuisances or other grievanceR, in, upon or connecled with .eid premiseR durin/{ Rain term; and shall also promptly comply tvith and, execute all rules, orders and regulations of the applicable fir!! prllvllntion codes for the preventioo of firll., al ~essec 5 own cost and expense, FOURTH: In the event the premises shalt be deBtroyed or so damaged or injured hy fire or 011",.. casually durin~ the life of this agreement, whereby the f;nme shall be r('l1(lcred untenantnhle, then the lessor shnll have the right to render said premises tenantable hy repairs: within ninety days therefrom. If said premises ure not rendered tenantable within said time, it sha1l be optional with either pnt'ty tH!l'Ct.o to cancel this lease, and in the event of such cancellation the rent shallve paid only to the date of suoh fire 0" casualty. The cancellation herein menliolled shall be evidenced in writing, ' FIFTH: The prompt payment of the rent for said premises upon the c1utes named. and the faithful observ- ance of the rules and reg-uJations printed upon this tease, and which nre hereby mnde n part of this covenant, and of such other and further rules or rerru1ations as may be hereafter made by the lessor, are the conditions upon which the lense is marle and accepted and any foilure on the part of the lesseo to comply with the tormK or solcl lellso, or nny of said I'llles nncl regulnllons 1I0w In exlstollce, or wld"h Inuy be hereaftor prescribed by the lessor shall at the option of the lessor, work a [orteit.,re of this contract, and all of the rights of the lessee he'"Ollnder: 1/# a-,d t~reupon the Lessor, his agent or attorneys, shall have the right, to enter said premises and remove all persons therefrom ~?rcibly. o~ otherwise, and'the Lessee thereby expressly waives l!Iny and, all notice required by law to ~,rminate tenancy, a~d also '"aive" any and all legal proceedings to recover possession of said pre",ises, and expressly agrees tha~ ,in the event of a violation of any of the terms of this lease, or of said rules and regulations no\ol ir'\ existence, Of which! may hereunder be made, said Lessor> his agent or attorneys, may immediately re-enter said premises and dis~~ssess Lessee wit~out Legal notice or the institution of any legal proceedings whatsoever. I' I I ,'I : I ' , '! . SIXTH: If the Lessee shall abandon or vacate said premises before the end of the iterm of this leas~,: or shall suffer the rent to be in arrears, the Lessor may, at his option, forthwith canc~l ~his lease or ihe may enter said,premises as the agent of the Lessee, Without be;ing liable in any way therefore and relet t~e, premises with or Iwithout IIny furni,ture that may be therein, a. the agent 01 the lessee, et such price, end upon such term!!t and for ~lJch durllltion of time 88 the les.or may determine, and re~eive the rent therefor, applying the same to the payment of the rent due by these presents, and if the 1ull rental herein prov ided shall' not be real i zed by lessor over and above the expenses t'o Lessor in such re-lett ing, the, said lessee sha II pay any deficiency, and if more than the full rental is realized, lessor will pay over to said lessee tha exceas of demand. I II 1 I ' I SEVENTH: Lessee agrees to pay the cost and collection and attorney,'s fee on any part of said rental that may be collected by suit or by attorney~ after the same is past due. 1 11; EIGHT: ,Tholellee agrees that he will pay all charges for rent, gas, electricity, garbaga and trash collect1on or other illumination and for all water used on said premises, and should said charges for rent, light, water or garbage herein provided for at anytime remain due and unpaid for the space of five days after the same shall have become due, the lessor may, at his option, consider the said lessee tenant at sufferance and the entire rent for the rental period then next ensuing shall at once be due and payable and may forthwith be collected by distress or otherwise. NINTH: The said lessee hereby pledges and assigns to the lessor, all furniture, fi)(tures, goods, and ch8ttels of said lessee, whi ch shall or may be brought or put on slIid premi les e8 security for the payment of the reht herein Ire.erved Bnd the lessee agrees thet the said lien may be enforced by distress foreclosure or otherwise at the election of the: said lessor, and does hereby agree to pay attorney's fees of the amount so collected or found to be due, together will all costs and charges therefore incurred or paid by the lessor. TENTH: Lessor shall not be required to pay Lessee any interest on said security deposit; nor keep said secuf'ity deposit or any part thereof segregated or earmarked for any purposes whatsoever. ELEVENTH: The Lessor or any of his agents shall have the right to enter said premises during all reasonable hours to e)(amine the same to make such repairs, additions or alterations as may be deemed necessary for the safety, comfort or preservations thereof or of said building, or to e)(hibit said premises and to put or keep upon the doors or windows thereof 8 notice "FOR RENT" at any time within 90 days before the expiration of the lease. The right of entry shall likewise exist for the purpose of removing placards, signs, fixtures, alterations, or additions, which do not conform to this agreement, or to the rules and regulations of the bui lding. I TWELFTH: Lessee hereby accepts the premises in the condition they are in at the. beginning of this: lease and agrees to I maintain said premises in the same condition, order and repair as they are at the commencement of said term. Lessee shall pay all costs involved in the maintenance and repair of the demised premises, inct.uding, but not limited to, painting, electrical, air conditioning, plumbing, and plate glass. The only repairs for which lessor shall be responsible are structural repairs to the building, including the exterior portion of the roof. Tenant agrees to accept the property in an "AS IS" condition. I ;THIRTEENTH: It is expressly egreed and understood by and between the parties to this agreement, that the landlord shall not be liable for any damage or injury by water, which may be sustained by the .aid tenant or other person or for any other damage or injury resulting from carelessness, negligence or improper conduct on the part of any other t'~nant or agents or employees or by reason of the breakege, leakage, or obstruction of the water, sewer or soil pipes or other lellkege in or about the said building. FOURTEEN1H: 11 the lessee shall become insolvent or if bankruptcy proceedings shell be begun by or against the lessee before the end of said term the lessor is hereby irrevocably authorized at its option to forthwith cancel this lease, as for a I default, Lessor may accept rent from such receiver, trustee or other judicial officer during the term ~f their occupancy in their fiduciary capacity without affecting lessoris rights as cOhtained in this contract, but no receiver, trustee or other judicial officer shall have any right, title on interest in or to the above described property by virltue of this contract. FIFTEENTH: Lessee hereby waives and renounces for himself and family any and all homestead and exemption rights he may have now or hereafter, under by virtue of the constitution and laws of the state of Florida, or any other State, or of the United States, as against the payment of said rental or any portion hereof, or any other obl igation or damage that may accrue under the terms of thi s agreement. I SIXTEENTH: This contract shall bind the lessor and its assigns or successors, and the heirs, assigns, personal representatives, or successors as the clIse mey be of the lessee. I I SEVENTE~NTH: It is understood and agreed between the applies 'to:all terms and conditions contained herein. I EIGHTEENTH: It is understood and agreed between the part ies here'to, that wri tten 'not i ce mai led or :del ivered to the premi ses leases hereunder shall constitute sufficient notice to the lessee and written notice!mailed or deliv~red to the office of the lessor shall constitute sufficient notice to the lessor to comply with the terms of this contract. I I ' . I '!' i ; NINETIETH: i The rights of the lessor under the foregping shall be cumulative and !fai lure of the p~rt of the lessor to exercise any rights given hereunder shall not operate to forfeit any of the said rights. I I' I TUENTlETH: It is further agreed and understood between the parties hereto that any charges again~t the lessee by the lessor fo~ .ervice, or for work done on the premises by order of the lessee or otherwise accruing under this contract shall be co~siderod as rent due and shall be included in any lien for rent due and unpaid. I ' II parties hereto that time is of the essence 9~ this contract and this 'TWENTY-fiRST: It is hereby agreed and understood that any signs or advertising to be used, including awnings, in conne~tion with the premises leased hereunder shall be first submitted to the leBor for approval before 1natallat1on or Mme. , I TWEllTY-SECOND: It is hereby agreed taxes that may be levi ed by any County, estate taxes. and understood that the Lessee shall pay all,sales taxes, garbage taxes and any other ~o'd".'H, " ~.o".' ... ..,,,.. ~..,o..o< 00 ... ,...,.. '"'''''' "''';jip rWEHlY lHIRD: It is understood and agreed that the Lessee within ten (10) days after the signing of this lease shall cause ,0 be written plate glass insurance with a cOlpany to be approved by the said Lessor insuring all of the plate glass in the laid Prelises, which said policy will bear an endorseaent thereon nuing the Lessor as the party to whol all that laY lccrue frol said policy of insurance shall be payable and, should the Lessee fail and olit to cause said policy of insurlnce to be written and should the Lessor waive Lessor's option to cancel said lease for breach of this covenant, then lnd in that eve'nt sad Lessee shall be responsibla for any breakage that laY cause whatsoever to the plate glass windows and 19rees to repllce the sale at Lessee's cost. If the Lessee desires to furnish awnings, said Lessee shall first obtain the Hitten approval as to style, color and Quality of saterial. rWENTY FOURTH: Lessee shall also furnish to Lessor a public liability insuranca policy with lilits not less than $\00,000 18 to anyone per eon and '300,000 a8 to anyone accident, with Leseor and Lessee as nlled insurers thersunder, and shall lay the preeius thereon during the terl of this lease. If Lessee fails to deliver the policies described In this and the )receding paragraph hereof to Lessor, then Lessor lay cause said policies to be issued and the predUls thereon shall be Iddltlonal rental under this lme payable on the next eneuing mtal paymt date. rWENlY FIfTH: It is further understood and agreed that the lessee agrees that this lease shall, be subject and subordinate ',0 any lortgage or deed of trust now on the preaises which lay hereafter be lade on account of any proposed loan to be llaced on said prelises by the'lessor to the full extent of all debts and charges secured thereby; and to any renewals an lltension of all or any part thereof which said lessor laY hereafter at any tile elect to place on said prnises, and said .essee agrees upon request to hereafter execute any paper or papers which said lessor's counsel laY den necessary to Iccolplish that end, and in default of Lessee's so doing that the said Lessor is hereby elPowered to execute such papers in .essee's nile and as the act and deed of Lessee, and this authority is declared to be coupled with interest and not revocable. TWENTY SEVEH: This lease shall not be recorded. Lessee is entitled to one shared parking space only. The use of lore than one shared parking space in the rear of the store constitutes cancellation of this lease by lessor at lessor's option. .mee understands that the air-conditioning unit is in an 'AS IS' condition. At least 90 days prior to the expiration of the lease, lessor or Lessor's agents have the right to show the property at reasonabie tile with reasonable notice. I .esses is aware that Randy Rose, Broker of Rose & Rose Realty, P.A. is a relative of the Lessors. hnant represents that there has not been any dealings with any other Broker that Randy Rose of Rose and Rose Realty, P.A. in connection with this lease. Without !idling the effect of the foregoing, Tenant agrees to indesnify and hold halliess ,the Landlord against any :Iail or deland lade by other real estate broker or agent c1ailing to have dealt with or consulted with the Tenant's representatives, elployees or agents contrary to the foregoing representation and warranty. Responsibilities of Tenant: lenants shall cOlply with IIi laws and ordinances and ali valid rules, regulations and codes of any federal, state, lunicipal or other public authority having jurisdiction over the leased prelises. IN WITNESS WHEREOF, the parties hereto have hereunto executed this instrulent for the purpose herein expresses, the day and year above written. Signed, sealed and delivered in the presence of: # /" /.'F (.T r ~ _ ~ 1~7 t7,~.. -> / /t It;.' '/c' //" -f' /- _ ~ ?.I /f../ '/ ('=Ivk -~ HILLER-ROSE PROPERTIES PARHIERSfllP ~~ Ily. :lIllrold Rose, Partner Robert Parcher, Citl_ Clerk As to tessee for Clty ur Gelber, Mayor Lessee ch mRfv1 APPROVU; LEGAL ~ 8)/ ~kt..!1l..- . i4d/Jt AGENCY DISCLOSURE Florida Association of Realtors rlorida renl estate licensees are required by law to disclose which party they represent in a transaction and to allow a party the right to choose or refuse among the various agency relallonships. The purpose of the AGENCY DISCLOSURE Is to acknowledge that the disclosure occurred and that the consumer has been Informed of the various agency relationships which are available In a real estate transaction. The following descriptions 01 terms, agency relationships and the respective duties and obligations are based upon Florida Law (Chapter 475, Florida Statutes). Seller's Agent /Lessor' s Agent A licensee who Is engaged by and acts as the agent of the Seller only is known as a Seller's agent. A Seller's agent has the following dulles and obligations: To the Seller: (a)The fiduciary duties of loyalty, confidentiality, obedience, full disclosure, accounting and the duty to use skill, care, and dllluonoo. To the Buyer and Seller: (a)A duly of honesly and fair dealing. (b) A duty to dl!lclollo nil IlIet!) known to the Soller', lIgont materially affecting the value of the prop9rty which am not known to, or readily observable by, the parties In a residential transaction. Buyer's Agent /Lessee' s Agent A licensee who is engaged by and acts as the agent of the buyer only Is known as the Buyer's agent. A Buyer's agent has the following duties and obligations: To the Buyer: (a)The fiduciary dulles of loyalty, confidentiality, obedience, full disclosure, accounting and the duty to use skill, care and dlllgonce. To the Seller and Buyer: (a)A duty of honesty and fair dealing. Disclosed Dual Agent A disclosed dual agent is a licensee who, with the informed written consent of Seller and Buyer is engaged .as an agent for both Seller and Buyer. As a disclosed dual agent, the licensee shall not represent the Interests of one party to the exclusion or detriment of the interests of the other party. A disclosed dual agent has all the fiduciary duties to the Seller and Buyer that a Seller's or Buyer's agent has except the duties of full disclosure and undivided loyalty. A disclosed dual agent may not disclose: (a)To the Buyer that the Seller will accept less than the asking or listed price, unless otherwise Instructed in writing by the Seller; (b)To the Seller that the Buyer will pay a price greater than the price submitted in a written offer to the Seller, unless otherwise instructed in writing by the Buyer; (c)The motivation of any party for selling, buying, or leasing a property, unless otherwise Instructed In writing by the respective party; or (d) That a Seller of Buyer will agree to financial terms other than those offered, unless otherwise Instructed In writing by the respective party. City Of Miami Beach AGENCY DISCLOSURE Lessee is axx.5~L:l seller and is hereby informed that Name and are a:~ng as~~~~~gent L:l Buyer's Agent. ROSE AND ROSE REALTY. P.A. Name 01 /jrokerage '"/1m Randy Rose Name(s) 01 Llcensee(s} You have the explicit right to choose or refuse among these relationships. Other brokerage firms may offer you other brokerage relationships. You are free to seek any brokerage firm offering the type of relationship you desire. ,"M~f<tlJ~/I<"1(~ ~ ~.~.*~* essor uare Dale CONSENT TO DUAL AGENCY Sign only If you are giving your informed written consent to the brokerage firm and Its licensees acting as a dual agent representing both buyer and seller. Your signature also acknowledges that you have received a copy 01 this disclosure. ~ ::iel/er ::iel/er (prmt name) ~ /juyer ~ ::iel/er ::iel/er (print n~e) ~ /juyer /juyer (print name) /juyer (prmr name) THE AGENCY DISCLOSURE FORM ha. b.en adopted by the Florida Rul E.tate Com million and i. required to be used by real ..tate Iieense.s pursuant to RuJ. 61 J2.1 0.036 01 the Rules of the Commission.