Resolution 81-16800 ,tee
RESOLUTION NO. 81-16800
A RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT
WITH DADE COUNTY COMMUNITY ACTION AGENCY FOR THE
1 OPERATION OF A HEAD START PROGRAM AT THE FLAMINGO PARK
TEEN CENTER.
WHEREAS, for the reasons more particularly set forth in the attached
Commission Memorandum and Agreement, the City Commission of the City of
Miami Beach finds it in the best interest of the City to enter into an
Agreement with Dade County Community Action Agency;
NOW, THEREFORE, BE IT DULY 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 Agreement, a copy
of which is attached hereto as Exhibit A, for and on behalf of the City
of Miami Beach.
PASSED and ADOPTED this 15th day of October , 1981 .
vice Ma or
Attest:
City Cler
pPR . VIIU
LEGAL DEPT.
By
/77. 1-G44';e
Date --
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LEASE AGPEEME'iT
THIS LEASE AGREEMENT , made on the O? day of 7 S//J, 19Pc3
by and between CITY OF MIAMI BEACH , a Florida Municipal Corporation ,
hereinafter called the "LANDLORD" , and DADE COUNTY , a political
subdivision of the State of Florida , hereinafter called the "TENANT " ,
WITNESSETH :
That the LANDLORD , for and in consideration of the
restrictions and covenants herein contained , hereby leases to the
TENANT , and the TENANT hereby agrees to hire from the LANDLORD ,
the premises described as follows :
Approximately 1 ,761 square feet of classroom and kitchen
space located in the activities building at Flamingo
Park , between 12 Street and 13 Street , on Alton Road ,
Miami Beach .
TO HAVE AND TO HOLD unto the said TENANT for a term of
9 months , commencing September 2 , 1981 and terminating June 1 , 1982
for and at a total rental of One 00/100 Dollars , payable in advance
to Finance Department , City of Miami Beach , 1700 Convention Center
Drive , Miami Beach , Florida 33139 , or at such other place and to such
other person as the LANDLORD may from time to time designate in
writing .
IT IS FURTHER MUTUALLY UNDERSTOOD AND AGREED BY THE
RESPECTIVE PARTIES HERETO :
ARTICLE I
USE OF DEMISED PREMISES
The area, of the demised premises shall be used by the TENANT
for the performance of a "Head Start" program by the Dade County
Community Action Agency .
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ARTICLE 11
CONDITION OF Pt MISES
The LANDLORD , at its own expense , shall cause the demised
premises to be in a state of good repair and suitable for usage by
the TENANT at the commencement of this Lease .
Subject to the above , the TENANT hereby accepts the premis " '
in the condition they are in at the beginning of this Lease .
ARTICLE III
UTILITIES
The TENAU`T , during the term hereof , shall pay all charges
for water and electricity used by the TENANT .
ARTICLE IV
MAINTENANCE
The LANDLORD agrees to maintain and keep in good repair ,
condition and appearance , during the term of this Lease . or of any
extension or renewal thereof , the exterior of the building , and
the following :
Roof ;
Air-conditioning and Heating ;
All electrical lines ;
Sewer and Septic tank lines ;
fenced playground area and equipment ;
The TENANT shall be responsible for the interior of
the demised premises .
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ARTICI E V
ALTERATIONS BY TENANT
The TENANT may make reasonable non-structural alterations ,
additions or improvements in or to the premises with the written
consent of the LANDLORD . All additions , fixtures , or improvements
(except but not limited to store ,and office furniture and fixtures
which are readily removable without injury to the premises ) shall be
and remain a part of the premises at the expiration of this Lease .
Subject to the above , any carpeting and removable partitions installed
by the TENANT within the demised premises shall remain the TENANT ' s
property and may be removed by the TENANT upon the expiration of the
Lease Agreement or any renewal or cancellation thereof .
ARTICLE VI
DESTRUCTION OF PREMISES •
In the event the demised premises should be destroyed or so
damaged by fire , windstorm , or other casualty to the extent that the
demised premises are rendered unatenantable or unfit for the purpose
of the TENANT , either party may cancel this Lease by the giving of
written notice to the other .
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ARTICLE, VII
N( .IAE ILI'I'y FOP PERSONAL i'N(. r;UTY
All personal property pl ,,ced or moved in the premises
above described :shell he at the risk of TENANT or the owner thereof .
The LANDLORD shall not be liable to TENANT for any damage to said
personal property unless caused by or due to negligence of
LANDLORD, LANDLORD ' S agents , or employees .
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ARTICLE VIII
SIGNS
Exterior signs will be of- the design and form of letter to
be first approved by the LANDLORD, the cost of painting. to be paid
by the TENANT. All signs shall be removed by TENANT at termination
of this Lease and any damage or unsightly condition caused to
building because of or due to said signs shall be satisfactorily
corrected or repaired by TENANT.
ARTICLE IX
LANDLORD'S RIGHT OF ENTRY
LANDLORD, or any of its agents , shall have the right to
enter said premises during all reasonable working hours to examine the
same or to make such repairs , additions , or alterations as may
be deemed necessary for the safety, comfort, or preservation
thereof of said building , or to exhibit said premises and to put
or keep upon the doors or windows thereof a notice "FOR RENT" at
any time within thirty ( 30) days before the expiration of this —
Lease.
ARTICLE X
LIABILITY FOR DAMAGE OR INJURY
The COUNTY shall not be liable for any damage or injury whiz', .
may be sustained by any party persons on the demised premises
other than the damage or injury caused solely by the negligence of
COUNTY.
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I'EACI:FU% P(.rSi•SSION •
Subject to the terms , conditions , and covenants of
this Lease , LANDLORD agrees that:. TENANT shall and may peaceably
have , hold and enjoy the premiscrs above described , without
hindrance or molestation by LANWLORD.
ARTLTCLE XII
• SURREND3.:R OF PREMISES
TENANT agrees to surrcrnder to LANDLORD, at the end of
the term of this Lease, or any extension thereof , said leased
premises in as good condition am 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 .
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ARTIICLE XIII
INDEMNIFICATICDN AND HOLD HARMLESS
The County does hereby, agree to indemnify and save the
Landlord harmless, to the extern: of the limitations included •
within Florida Statutes , Section 768. 28, from any and all claims
liability, losses and causes of actions which may arise solely as
a result of the County' s negligcence; however, nothing in this section
shall indemnify the Landlord for any liability or claim arising
out of the negligence, performance or failure of performance
required of the Landlord ur as .a result of the negligence of any
third party .
AR'.TICLE XIV
SUCCESSORS IN INTLREST
It is hereby covenanted and agreed between the parties
hereto that all covenants , conditions, agreements and under-
takings contained in this Lease shall extend to and bo binding on
the respective successors and assigns of the respective parties
hereto, the same as if they wer-e in •every case named and expressed .
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' ARTICLE XV
$ UhORDINATION
The TENANT covenants that this Lease is and at all tii• i•-:
shall be subject and subordinate to the lien of any mortgage:, now
existing or which the LANDLORD or any subsequent owner of the c]crni :,,
premises shall make covering said demised premises, or the building;
of which said premises arc a part, and to any and all advances
or to be made under• said mortgage or mortgages and to the inters:;t.
thereon...• . ...
ARTICLE XVI
CANCELLATION
Either - party , the TENANT , through its County Manager
or his designee , or the LANDLORD , through its City Manager or his
designee , shall have the right to cancel this Lease Agreement at
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any time by giving the other party at least sixty (60) days written
notice prior to its effective date .
• ARTICLE XVII
NOTICES
It is understood and agreed between the parties hereto
that written notice addressed to TENANT and mailed or delivered to
the Director, General Services Administration, 140 W. Flagler Street ,
Miami , Florida 33130 , shall constitute sufficient notice to the TENANT ,
and written notice addressed to LANDLORD, and mailed or delivered to
the address of the LANDLORD, c/b Harold Toal, City Manager, 1700
Convention Center Drive, Miami Beach, Florida 33139 , shall
constitute notice to the LANDLORD, to comply with the terms of this
Lease. Notices provided herein in this paragraph shall include all
notices required in this Lease or required by law. •
ARTICLE XVIII
ADDITIONAL PROVISIONS •
The demised premises will be solely used by Community
Action Agency as a Head Start Center.
The LANDLORD agrees toi replace the screens in 3 front winde-.. i.
the back door and all the side windows, repair or replace inside lock
on front doors; keys for front door, kitchen, office and back gate,
install lock on interior of classroom door; install lock for gate
where public uses bathroom facilities also used by the children in thy.•
program; remove patio furniture from the patio.
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The c3(•mi s;ec1 premises; i 1 1 not be ava i ) nb] e to the Ten.int
on those drays deemed Miami Beach election days for election poll
use.
ARTICLE XIX
WRITTEN AGREEMENT
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 both
the Board of County Commissioners , and the City of Miami Beach
Commission.
IN WITNESS WHEREOF, the LANDLORD and TENANT have caused
this Lease Agreement to be executed by their respective and duly
authorized officers the day and year first above written.
ATTEST: CITY OF MIAMI BEACH
iC,lU F l . . . I
ll
City Clerk Vice Mayor 1 ' NDLORD)
(OFFICIAL SEAL) •
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..•Ota" M�J;•.. : .'
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tdFFICIAL )Skh,L) •
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'• *** / DADE COUNTY, FLORIDA
ATTESK`sem" BY ITS BOARD OF
COUNTY COMMISSIONERS
RICHARD P. BRINKER, CLERK
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05/ .
By: (2<t„----)LC % ��-"e-� By: jLe O' i,
Deputy Clerk ounManager
/ •� (TENANT)
APPROVED
LEGAL DEPT.
By Al• 1( 1`) RAI,t,0
Date 10- ).-11
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FLORIDA 3 3 1 3 9
dt47;.: "VA CA TIONL A ND U. S. A.-
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IFFICE OF THE CITY MANAGER CITY HALL
HAROLD T.TOAL 1700 CONVENTION CENTER DRIVE
CITY MANAGER TELEPHONE: 673-7010
COMMISSION MEMORANDUM NO.
61
DATE: October 15, 1981
TO: Mayor Murray Meyerson and
M rs of the City Commiuion
FROM: a n d . T a
City Manager
SUBJECT: LEASE AGREEMENT WITH DADE COUNTY FOR COMMUNITY ACTION AGENCY
AT FLAMINGO PARK TEEN CENTER
It is requested that the Commission authorize the execution of an
agreement between the City of Miami Beach and Dade County, Community
Action Agency for the operation of a Head Start Program to be
facilitated at the Flamingo Park Teen Center from September 2, 1981
thru June 1 , 1982.
The attached agreement outlining the responsibilities of the City
and Dade County represents the utilization of a city facility for
a federally funded program targeted to provide child care and
educational training to preschool children of financially dis-
advantaged families in the city of Miami Beach. All costs incurred
for utilities will be borne b.! the tenant. The City will only
provide routine maintenance during the length of the agreement.
ADMINISTRATIVE RECOMMENDATION:
It is recommended that the agreement be approved.
HTT:SPM:eji
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