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RESOLUTION 89-19539 RESOLUTION NO. 89-19539 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING A LEASE AGREEMENT BETWEEN MIAMI BEACH CHAMBER OF COMMERCE, INC. AND THE CITY OF MIAMI BEACH FOR KIOSK LOCATED AT LINCOLN ROAD MALL AND WASHINGTON AVENUE AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT ON BEHALF OF THE CITY WHEREAS, the City of Miami Beach is desirous of leasing the kiosk at Lincoln Road Mall and Washington Avenue to the Miami Beach Chamber of Commerce, Inc. , and WHEREAS, the Miami Beach Chamber of Commerce, Inc. , is desirous of leasing said kiosk from the City of Miami Beach. NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the City of Miami Beach Commission approves the attached lease agreement and authorizes the Mayor to execute the agreement on behalf of the City. PASSED AND ADOPTED this 15th day of February , 1989 . 4000011." a •r FORM APPROVED Attest: LEGAL DEPT. -e;a4e4i, 0(3/4„., .2//478 Date CityClerk _. LEASE AGREEMENT This lease agreement is entered into this 17th day of February , 1989, by and between the City of Miami Beach as Lessor (hereafter "Lessor" or "City") and Miami Beach Chamber of Commerce, Inc. as Lessee (hereafter "Lessee") . WITNESSETH: 1. Premises and Terms: Lessor hereby leases to the Lessee, and the Lessee hereby leases from the lessor the following described property hereinafter referred to as the "Premises" to wit: Kiosk located at Lincoln Road Mall and Washington Avenue Lessee to have and to hold the above-described premises for the term of one (1) year commencing February 1, 1989 . This lease shall be automatically renewable for subsequent terms of one (1) year until notice of cancellation is given as indicated below: This lease shall be subject to cancellation by either party upon thirty (30) days written notice by certified mail or hand delivery as follows: To Lessor: Mr. Rob W. Parkins City Manager City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 To Lessee: Mr. Stuart Blumberg, President Miami Beach Chamber of Commerce, Inc. 1920 Meridian Avenue Miami Beach, Florida 33139 2 . Use: Lessee shall use the premises solely for the purpose of a tourist information center and a trolley stop as established by the agreement between the Old Town Trolley Tours of Miami, Inc. and Lessee. 3 . Rent: Lessee shall pay, without demand, a sum of one dollar ($1. 00) per year plus utility payments of seventy-five -1- dollars ($75. 00) per month. Lease payments hereunder shall be due and payable on the 1st day of each month. Failure to pay by the 10th day of the month shall constitute a default under this lease; and in the event of such failure to pay within the ten (10) day period, Lessor shall have the right to forthwith terminate Lessee's rights under this lease without further notice. Lease payments shall be made to: City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, (Attention: Purchasing Division, Contract Administrator) . 4 . Insurance: Lessee' s occupant shall procure and maintain, during the term of this lease, liability coverage including Injury and Property Damage in an amount not less than $500, 00 per person or occurrence. Said insurance shall provide for primary coverage to all other coverage the City has, and shall be issued by an insurance company duly authorized to do business in the State of Florida and rated B:N or better per A.M. Best's Key Rating Guide, latest edition. Lessee shall furnish Lessor a certificate disclosing the type and amount of insurance obtained and providing that the policy may not be cancelled or materially altered except upon ten (10) days written notice to Lessor. Lessee shall also procure and maintain, during the term of this lease, worker' s compensation coverage within the statutory limits of the State of Florida. It is agreed by the parties that the Lessee shall not occupy the premises until proof of insurance as provided hereinunder is provided. 5. Indemnification Clause: Lessee and its occupant agrees to indemnify and save harmless the City of Miami Beach, its officials and employees and for and on account of the City to make defense against any and all claims, actions, demands, suits, liabilities, and damages to property caused by any act or failure to act of Lessee or its employees, servants, agents, members, invitees or guests. 6. Assignment and Subletting: Lessee shall have no right to assign or sublet this lease without the prior written consent of the Lessor, to other than Old Town Trolley Tours of Miami, Inc. 7 . Maintenance: The City of Miami Beach will deliver the kiosk in clean working order to Lessee and will continue to maintain the building by providing for the repair as needed of the kiosk and maintenance of the surrounding landscape. The maintenance will not include custodial maintenance of the kiosk. -2- In Witness Whereof, the parties have executed this Lease the day and year written above. LESSEE: MIAMI BEACH CHAMBER OF COMMERCE, INC. ,7,77 / . By: (./ Attest: k MOW LESSOR: CITY OF MIAMI BEACH 41° By: 1 ayor d-, Attest: / , , eh- city Clerk FORM APPROVED LEGAL DEPT. HCM:ses g 0!1° � C Date "</49 -3- ORIGINAL RESOLUTION NO.89-19539 Approving a Lease Agreement Between Miami Beach Chamber of Commerce, Inc. and the C.M.B. for Kiosk located at Lincoln Road Mall and Washington Avenue and authorizing the Mayor to execute the agreement on behalf of the City.