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RESOLUTION 89-19563 RESOLUTION NO. 89-19563 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 52 OCEAN BEACH ADDITION #3 SUBDIVISION BETWEEN ALTON ROAD AND WASHINGTON AVENUE AND BETWEEN FIRST STREET AND COMMERCE STREET FOR A ONE-YEAR PERIOD COMMENCING ON APRIL 1, 1989. 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, desires to lease City-owned property located in Block 52 , OCEAN BEACH ADDITION #3 SUBDIVISION (between Alton Road and Washington Avenue and between First 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 undertaken therein by the City. PASSED and ADOPTED this 15th day of Maw , 1989. // ;,.. eT.,".21,:.7 MAYOR Attest: f) 1/1-1--,11 (--)), Da-L-9' FORM APPROVED CITY CLERK PNB/mm l LEGAL DEPT. 3/15/89 ' -.E-I -- 3// /g1 Date LEASE AGREEMENT THIS AGREEMENT made and entered into this 15th day of March 1989 by and between the CITY OF MIAMI BEACH, r a Florida municipal corporation (hereinafter referred to as "Lessor") and Washington Harrison Properties, Inc. , (hereinafter referred to as "Lessee") . WITNESSETH: WHEREAS, Lessee is the owner or Lessee of the following described property located on Commerce Street in Miami Beach: Lots 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32 and 33 Block 52, 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 Commerce Street and First Street in Miami Beach: See Exhibit "A" 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 Commerce Street from Alton Road to Washington Avenue and in the northerly direction to the alleyway between Commerce Street and First Street and between the alleyway and First Street adjacent to Washington Avenue; 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 1. The foregoing recitals are true and correct and are hereby incorporated into this Lease Agreement. 2 . The Lessor does hereby lease to the Lessee for a period of one (1) year from April 1, 1989, through March 31, 1990, or such earlier date as provided for herein, the following properties located on Commerce Street in Miami Beach, more properly described by the following description: See Exhibits "A" 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 en j cy 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 Lessee 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 2 any cause during the period covered by this Agreement. Lessee hereby expressly releases Lessor from and agrees to indemnify, 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 3 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. 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, condition and appearance, during the term of this Lease, or any 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 unsightly 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 4 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 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 Leszior 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. 5 0. 0. 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 and tear, repairs and replacements required to be made by Lessor, additions and improvements herein permitted, expected. 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: `C ".:Ar.� MAYOR ATTEST: 142, 3-LA 62,,,,4A2 CITY CLERK ?,[14/P) ATTEST: LESSEE: WASHINGTON HARRISON PROPERTIES, INC. BY: - 't J 1;-Y I TZ, 'RE IDEN v r,." 7 44 APPROVED AS TO FORM: (;; ,g. � sl 54-.---- LEGAL DEP TMENT �- /3/ WY, :11 / PNB/mml-3/15/89 6 • r ` w • l- t .. • '::'..„1"";' •- t ,-.i , i PARCELA �_ ,. -,: ORIGINAL RESOLUTION NO. 89-19563 Authorizing the Mayor and City Clerk to execute a Lease Agreement with Washington Harrison Properties, Inc. , for use of City-Owned Properties in Block 52 Ocean Beach addition #3 Subdivision between Alton Road and Washington Avenue and between First Street and Commerce Street for a one-year period commencing on April 1, 1989.