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RESOLUTION 89-19643 RESOLUTION No. 89- 19643 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF MIAMI BEACH AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE LEASE AGREEMENT BETWEEN THE CITY OF MIAMI BEACH PARKING DEPARTMENT AND AMERIFIRST BANK, A FEDERAL SAVINGS BANK, FOR FIVE (5) PARKING SPACES LOCATED IN MUNICIPAL PARKING LOT 24B BETWEEN 6:00 AM AND 6:00 PM , MONDAY THROUGH FRIDAY; FOR PROVISION OF DESIGNATED PARKING SPACES FOR PATRONS OF THE BANK. WHEREAS, the City Commission adopted Resolution 82-16945 on March 17, 1982, and did authorize a specific lease agreement between the City of Miami Beach and Amerifirst Bank, a Fe rAtSavi ngs Bank, for five parking spaces in municipal lot 24B located at 71s and Rue Vendome; and WHEREAS, the Agreement authorized a lease rate of $1,250.00 for the five spaces per year; and WHEREAS, this agreement has not been revisited since the original date of execution with respect to rate and insurance requirements; and WHEREAS, the accumulated Consumer Price Index for the period 1982 through 1988 inclusive has amounted to approximately 21%. WHEREAS, the City of Miami Beach and Amerifirst 13411.1c i have renegotiated a lease agreement for five (5) spaces, a copy of which is hereto attached; and WHEREAS, the City Manager recommends the lease and the City Attorney has approved it to form. 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 attached Lease Agreement for rental of five spaces in Municipal Parking Lot 24B, located at 71st Street and Rue Vendome; BE IT ALSO DULY RESOLVED, by the City Commission of the City of Miami Beach, that the rate for these rental be $1,600.00 per year for the five spaces. PASSED and ADOPTED this 21st day of June, 1989. /(// ------ / „oe it'7/0 111,1"/-4?1, 7—V MAYOR Attest by: 1..igi-A; (d12;? ' - City Clerk FORM APPROVED LEGAL DEPARTMENT: BY: g--:4iL: 1;g . -,? Date: 67/ yx, MAM:pc-1 eetet oi Vieaereite e /4ixreiqN,� FLORIDA 3 3 1 3 9 *ANGOR IMAM *; "VA CA TIONL A ND U. S. A." OFFICE OF THE CITY MANAGER CITY HALL ROB W.PARKINS 1700 CONVENTION CENTER DRIVE CITY MANAGER TELEPHONE: 673-7010 V COMMISSION MEMORANDUM NO. 3` 631 June 21, 1989 DATE: TO: Mayor Alex Da. . . and Members of t• e City Com io FROM: Rob W. Parkins j ," City Manager 1� SUBJECT: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF MIAMI BEACH AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE LEASE AGREEMENT BETWEEN THE CITY OF MIAMI BEACH PARKING DEPARTMENT AND AMERIFIRST BANK, A FEDERAL SAVINGS BANK, FOR FIVE (5) PARKING SPACES LOCATED IN MUNICIPAL PARKING LOT 24B BETWEEN 6:00 AM AND 6:00 PM MONDAY THROUGH FRIDAY FOR PROVISION OF DESIGNATED PARKING SPACES FOR PATRONS OF THE BANK. The Parking Department has been requested by representatives of Amerifirst Bank of Miami Beach, to renegotiate and establish a continuation of the lease of five spaces in the City's Municipal Parking Lot 24B, located at 71st Street and Rue Vendome. The City Commission last addressed this lease in 1982 at which time City Resolution No. 82-16945 was adopted at a rate of $1,250.00 per year for the five spaces. Since it has been over seven years since the rate and other requirements for these meters were reviewed by either party, the attached resolution has been prepared for consideration and adoption. The revised rate for this lease has been calculated by applying the Consumer Price Index (percentage factor) for all urban consumers to the base lease payment of $1,250.00 as defined in the previous agreement. The cumulative effect of the CPI adjustments amount to an approximate 21% increase overall . Accordingly, the rate for the rental of these spaces in the new Lease Agreement will be $1,600.00 per year for the five spaces, payable in advance. The Lease also requires that Amerifirst provide verification of insurance coverage, naming the City as an additionally insured in an amount of $1,000,000 per occurrence. This coverage should be rated A:X or better as reflected in A. M. Best's Key Rating Guide (current edition) . The Lease provides for a term of one year from execution. A subsequent one-year period may be negotiated upon completion of the first term should Amerifirst so desire. In addition, we have provided for a thirty-day (30) termination clause for any reason by either party; provided, however, that written notice is property rendered. ADMINISTRATION RECOMMENDATION: The Administration recommends that the City Commission adopt the attached resolution authorizing the Mayor and City Clerk to execute the corresponding Lease Agreement between the City of Miami Beach and Amerifirst Bank, a Federal Savings Bank, for rental of five (5) spaces in Municipal Parking Lot 24B, located at 71st Street and Rue Vendome. RWP:MAM:pc-1 attachments 9 AGENDA ITEM. DATE 4- Q12429 LEASE AGREEMENT This lease agreement is entered into this 23rd day of June , 1989, by and between the City of Miami Beach, a Florida Municipal Corporation, as Lessor (hereafter "Lessor" or "City") and Amerifirst Bank, a Federal Savings Bank, as Lessee (hereafter "Lessee" or "Amerifirst") . WHEREAS, Amerifirst Bank, a Federal Savings Bank, operates a regulated bank business at 1025 - 71st Street, Miami Beach, Florida 33141; and WHEREAS, Amerifirst has requested permission to enter into a lease agreement with the City for rental of five (5) meters located in the City's Municipal Parking Lot 246 located 71st Street at Rue Vendome; and WHEREAS, Amerifirst desires to provide "free" parking to its patrons and provide for a rental payment for these spaces to the City. NOW, THEREFORE, in consideration of the premises and for other good and valuable consideration, the Lessor and Lessee hereby agree as follows: 1. Lessor leases to Lessee five (5) parking spaces in Municipal Parking Lot 24 B located at 71st Street at Rue Vendome in Miami Beach. 2. The spaces shall be used solely for and by patrons of Amerifirst Bank, a Federal Savings Bank, during operational hours of the Parking Department which correspond to 6:00 AM to 6:00 PM, Monday through Friday inclusive. The City shall have no liability for the use of these spaces by others, and lease payments shall be made hereunder regardless of whether unauthorized cars are parked in said spaces during the above-stated hours. Lessee or Lessee's agent shall cause to be placed upon poles, subject to Lessor's approval , appropriate signs advising the public of the agent for whom these spaces are to be utilized and prohibiting parking during operational hours. 3. The lease rate for these parking spaces shall be $ 26.67 per space per month, which for the five (5) spaces totals $ 1,600.00 per year. 1 4. Lease payments hereunder shall be due and payable at the time of the execution of this Lease Agreement by Amerifirst Bank. 5. Lease payments shall be made to the City of Miami Beach Parking Department, 1837 Bay Road, Miami Beach, Florida 33139. 6. Lessee shall procure and maintain during the term of the lease, liability coverage including Bodily Injury and Property Damage in an amount not less than $11000,000 per occurrence. Said insurance shall provide for primary coverage of the leased property and shall name Lessor as an additional insured, this coverage primary 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 A:X or better per A.M.Best's Key Rating Guide, latest edition. Lessee shall furnish 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. 7. Lessee 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, damages and payments, in tort or in contract, including, without limitation, accidents, liability or loss for injuries to or deaths of persons to property caused by any act or failure to act of Lessee or its employees, servants, agents, members, invites or guests. 8. 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: ROB W. PARKINS, CITY MANAGER City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 2 To LESSEE: MS. DEE GLASSMAN, LEASING SPECIALIST Amerifirst Bank, a Federal Savings Bank Facilities Management P. 0. Box 026029 Miami , FL 33102-6029 9. This lease shall not be assignable without the prior written consent of both parties hereto. 10. The term of this lease shall be for one (1) year from the date of this agreement. Upon completion of the one-yearP eriod Lessee will be responsible to contact Lessor to request extension of the lease for a subsequent term of one (1) year at a rate to be negotiated at time of renewal . 11. City may elect to renegotiate the lease rate by giving thirty (30) days written notice at any time during the term of the agreement, without prejudicing its rights otherwise hereunder. Renegotiated rates shall take effect by written addendum to this lease executed by both parties hereto. 12. The exercise of rights of cancellation under this lease may be with or without cause by either party. 3 . WHEREFORE, the parties hereto have caused their proper officers to affix their signatures and seals on the date first set forth above. CITY OF MIAMI BEACH (11111111P 0°g°' MAY►' ALEX DAOUD ATTEST: 'flyett.:ve ??76alq/ CITY CLERK SEAL STATE OF FLORIDA COUNTY OF DADE T - foregoing instrument was acknowledged before me this cR.3 day of At , 1989, by Alex Daoud, Mayor, and Elaine Baker, City Clerk, respectively, of THE CITY OF MIAMI BEACH, a Florida municipal corporation, on behalf of the corporation. (—, / • Notary Public, State of Florida at Large My Commission expires: I r i " ; I T. 1:,4:( �'''�''``► ''' �J G; ':L;Z11' 1 S. �'�'�• AMERIFIRST BANK, A FEDERAL SAVINGS BANK 2 BY: ATTEST: STATE OF FLORIDA COUNTY OF DADE The foregoing instrument was acknowledged before me this day of , 1989, by , and , respectively of AMERIFIRST BANK, A FEDERAL SAVINGS BANK, on behalf of the corporation. Notary Public, State of Florida at Large My Commission Expires: NOTARY PUBLIC STATE OF FLORIDA MY rWMISSION EXP. DEC 11,1940 FORM APPROVED BONDED IHRU GENERAL INS. UNO. LEGAL DEPARTMENT: BY: (!;:-/-16 Date: /3 , 4 ORIGINAL RESOLUTION NO. 89-19643 Authorizing the Mayor and City Clerk to execute the lease agreement between the City of Miami Beach Parking Department and Amerifirst Bank, a Federal Savings Bank, for five (5) parking spaces located in municipal parking lot 24B between 6:00 a.m. and 6:00 p.m. Monday through Friday for provision of designated parking spaces for patrons of the bank.