RESOLUTION 89-19800 RESOLUTION NO. 89-19800
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE
MAYOR AND THE CITY CLERK TO EXECUTE A LEASE
AGREEMENT BETWEEN THE CITY OF MIAMI BEACH, AND
THE STATE OF FLORIDA, DEPARTMENT OF HIGHWAY
SAFETY AND MOTOR VEHICLES FOR THE USE OF THE
ENTIRE BUILDING AND PARKING LOT LOCATED AT
8720 COLLINS AVENUE.
WHEREAS, pursuant to City Commission Resolutions No. 80-16371,
86-18691, and 87-19005, the City of Miami Beach and the State of
Florida Department of Highway Safety and Motor Vehicles
("Department") entered into lease agreements for use of the City-
owned facility and municipal parking lot located at 8720 Collins
Avenue, Miami Beach, as a drivers license examination station; and
WHEREAS, the Department desires to continue to use the
facility and parking lot and has proposed a new lease agreement;
and
WHEREAS, the City Manager has recommended the proposed lease
agreement and the City Attorney has approved it as to form; and
WHEREAS, the lease agreement provides for a three year term
beginning January 1, 1990 and a monthly rental payment of $1, 963 . 35
during the first year, $2 , 042 . 78 during the second year and
$2 , 124 .24 during the third year.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and the City Clerk
are hereby authorized to execute the lease agreement between the
City of Miami Beach and the State of Florida, Department of Highway
Safety and Motor Vehicles for the drivers license examination
station located at 8720 Collins Avenue, Miami Beach, Florida.
PASSED AND ADOPTED THIS 15th day of November , 1989 .
VICE-MAYOR
ATTEST:
FORM APPROVED
LEGAL DEPT.
a,►
CITY CLERK
Date
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OFFICE OF THE CITY MANAGER CITY HALL
ROB W.PARKINS 1700 CONVENTION CENTER DRIVE
CITY MANAGER TELEPHONE: 673-7010
4/X9 COMMISSION MEMORANDUM NO,
DATE: November 15 , 1989
TO: Mayor Alex D. • e and
Members . the City Corn ' si••
ilri J
FROM: Rob W. Par'
/4111,
City Manager /''' "
LEASE AGREE .ENT WITH THE STATE OF FLORIDA FOR THE FACILITY
SUBJECT. LOCATED AT 8720 COLLINS AVENUE, FOR USE AS A DRIVERS
LICENSE EXAMINATION STATION
HISTORY:
Pursuant to City Commission Resolution Numbers 80-16371, 86-18691
and 87-19005, the City entered into lease agreements with the State
of Florida, Department of Highway Safety and Motor Vehicles for use
of the 2 , 444 square feet City-owned building and municipal parking
lot located at 8720 Collins Avenue for use as a drivers license
examination station.
The existing lease agreement expires December 31, 1989 and the
Department of Motor Vehicles has proposed that a new lease agreement
be executed.
The Land Use Committee reviewed the proposed lease at its meeting on
November 9 , 1989 .
TERMS AND CONDITIONS
Under the proposed three (3) year agreement, the Department will
make rental payments to the City in accordance with the following
schedule:
PERIOD SQUARE FOOT RATE MONTHLY PAYMENT
01/01/90-12/31/90 $ 9 . 64 $1, 963 . 35
01/01/91-12/31/91 $10. 03 $2 , 042 . 73
01/01/92-12/31/92 $10. 43 $2 , 124 . 24
Unlike the previous agreements, under the proposed lease, the
Department will have full responsibility for interior, exterior and
landscaping maintenance.
ADMINISTRATION RECOMMENDATION:
The City Administration recommends that the City Commission approve
a Resolution approving the proposed lease agreement with the State
of Florida, Department of Highway Safety and Motor Vehicles for use
of the City owned facility and municipal parking lot located at 8720
Collins Avenue for use as a drivers license examination station.
RWP:EJD:HCM: ses 11.
AGENDA 0
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ITEM
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DATE / I - /S-- /g
of'NF';��,� ►J.11-1-11.r., yr r Lvltlim
Wa%.� - p DEPARTMENTGENERALOF SERVICES
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4`°°".''J, LARSON BUILDING TALLAHASSEE, FLORIDA 32399
ZONE: 2 LEASE AGREEMENT NO.: 761:0253
THIS LEASE AGREEMENT, entered into this 3rd day of January, 1990 , A. D., between
City of Miami Beach - party of the first part, hereinafter called the Lessor whose
Federal Identification Number (F. E. I. D. or S. S.) is 059-6000374 , and the
State of Florida Department of Hi way Safety and Motor Relic ie
Division of Driver tricen.s+i:a
Bureau of Field Operations
party of the second part, hereinafter called the Lessee,
WITNESSETH :
That the Lessor, for and in consideration of the covenants and agreements hereinafter mentioned to be
kept and performed by the Lessee, has demised and leased to the Lessee, for the term and under the conditions
hereinafter set out, those certain premises in Miami Beach 33154 Bade
Florida, described as follows: (City) (Zip Code) (County)
Entire building located at
8720 Collins Avenue
Miami Beach, Florida 33154
which shall constitute an aggregate area of 2,444 square feet of net rentable space measured in
accordance with the Department of General Services' Standard Method of Space Measurement at the rate of
See rent
$ schedule Iper square foot per year; the Lessor shall also provide 14 parking spaces for the
exclusive use of the Lessee as part of this lease agreement.
I TERM
TO HAVE AND TO HOLD the above described premises for a term commencing on the First
day of J anuar y , 19 90 to and including the 31st day of Decen.ber , 1992
II RENTALS
The Lessor hereby leases to the Lessee and the Lessee hereby leases from the Lessor the above described
premises for the term set out in this lease and the Lessee agrees to pay the Lessor the sum of
See rent
($ schedule I ) per month for the rental
period described in Article I of this lease. The rent for any fractional part of the first month shall be prorated.
The rent shall be payable the month followingthe month of occupancy in accordance with Section 215.422, Florida
p Y p Y
Statutes. The rentals shall be paid to the Lessor at
1700 ConvonLion Center e i iiarai Beach 33139
(Address) (City) (Zip Code)
III HEATING, AIR CONDITIONING AND JANITOR SERVICES
1. a. The Lessor agrees to furnish to the Lessee heating and air conditioning equipment and maintain same
in satisfactory operating condition at all times for the leased premises during the term of the lease at the expense
of the Less rt 1),
_ The Iah'Tees to maintain thermostats in the demised premises at 68 degrees Fahrenheit during
the heating season and 78 degrees Fahrenheit during the cooling season; and certifies that boilers therein have
been calibrated to permit the most efficient operation.
•
*2. h l agrees ees to furnish janitorial services and all necessary janitorial supplies for the leased premises
expense of the
during th4Wrnt-bVtfilease at thep se. ,
in he Lessees normal workinghours, which are nor-
3. All services required above shall be provided ur g
ally f 7. O.a m. to
.m ,
Monday through Friday excluding state holidays.
(- IV ' s rfrII .,1,10/
1. a. The Lessor agrees to install in the demised premises light fixtures for the use of the Lessee.
',4—...., *b. Te pticath.shall be responsible for replacement of all bulbs, lamps, tubes and starters used in such
fixtures forntthe fp6 '6:b'f furnishing light.
2. The Lessor certifies that the lighting levels within the demised premises are maintained at and do not
exceed the following levels: 10 footcandles in hall and corridors; 30 footcandles in other public areas; 50 footcandles
in office,conference rooms, and other levels as set forth in the State Energy Management Plan,Volume 11, Section F.
V MAINTENANCE AND REPAIRS
c'1,----, lf Tile s`r yr shall provide for interior maintenance and repairs in accordance with generally accepted
good prac iths;-thH ' ir 'repainting, the replacement of worn or damaged floor covering and repairs or replacement
hterm of this lease,
interior equipment as may be necessary due to normal usage. The Lessee shall, during the
keep the interior of the demised premises in as good a state of repair as it is at the time of the commencement
(_ of this lease, reasonable wear and tear and unavoidable casualties excepted.
2. Mt Loise44-4hall maintain and keep in repair the exterior of the demised premises during the term of
this leash ll'bP? Aponsible for the replacement of all windows broken or damaged in the demised premises,
except such breakage or damage caused to the exterior of the demised premises by the Lessee, its officers, agents
or employlien„f,,_
(` he �` t Wall maintain the interior and exterior of the demised premises including grounds and parking
area so as to conform to all applicable health and safety laws, ordinances and codes which are presently in effect
and which may subsequently be enacted during the term of this lease and any renewal periods.
4, T . agrees to furnish pest control services for the leased premises during the term of the lease
(\: at the e o fie- tfi j: __r )_f_._____
.,,,,,,...-,t, :.
WI UTILITIES
c Th4t jthe Li3,0itit will promptly pay all gas, water, power and electric light rates or charges which may
'become p a etc uiiiig`th term of this lease for the gas, water and electricity used by the Lessee on the premises;
and if the lease is for 3,000 square feet or greater, separately metered for all energy and fuels which may be consumed
by Lessee, alone, Lessor will provide Lessee, in a form and manner agreed upon, timely and accurate data on Lessee's
monthly consumption or use of electricity, natural gas, LP gas and/or fuel oil, as appropriate, pursuant to Section
255.257, Florida Statutes.
* These are the only Articles in which the word ':Lessor”can be changed to "Lessee"by the Lessee without authorization from the 1
Division of Facilities Management. (Rule 13M-1.003 Florida Administrative Code)
Page 1 of 3
BPM 4054(88/87) •
VII IIANI)ICAPPEI) STANL.)AIII)S AND ALTERATIONS
1. The Lessor agrees that the demised premises now conform, or that, prior to Lessee's occupancy„the
said premises shall, at Lessor's expense, be brought into conformance with the requirements of Sections 255.21
and 255.211, Florida Statutes, and Chapter 131)-1, Florida Administrative Code, providing Standards for Special
Facilities for the Physically Disabled.
2. That the Lessee shall have the right to make any alterations in and to the demised premises during
the term of this lease upon first having obtained the written consent thereto of the Lessor. The Lessor shall not
capriciously withhold the consent to any such alterations.
VIII INJURY OR DAMAGE TO PROPERTY ON PREMISES
That all property of any kind that may be on the premises during the continuancy of this lease shall he
at the sole risk of the Lessee, and except for any negligence of the Lessor, the Lessor shall nothe liable to the
Lessee or any other person for any injury, loss or damage to property or to any person on the premises.
IX FIRE AND OTHER HAZARDS
1. In the event that the demised premises, or the major part thereof, are destroyed by fire, lightning, storm
or other casualty, the Lessor atits option may forthwith repair.the damage to such demised premises at its own
cost and expense. The rental thereon shall cease until the completion of such repairs and the Lessor will immediately
refund the pro rata part of any rentals paid in advance by the Lessee prior to such destruction; should the premises
be only partly destroyed, so that the major part thereof is usable by the Lessee, then the rental shall abate to
the extent that the injured or damaged part bears to the whole of such premises and such injury or damage shall
be restored by the Lessor as speedily as is practicable and upon the completion of such repairs, the full rental shall
commence and the lease shall then continue the balance of the term.
2. The Lessor shall provide for fire protection during the term of this lease in accordance with the fire
safety standards of the State Fire Marshal. The Lessor shall be responsible for maintenance and repair of all fire
protection equipment necessary to conform to the requirements of the State Fire Marshal. The Lessor agrees rees that
Fire Marshal,prior to occupancy bythe Lessee,
demised premises shall be available for inspection by the State p y
and at any reasonable time thereafter.
3. The Lessor certifies that no asbestos was used in the construction of the demised premises or that if
asbestos was used, actions have been completed to correct the hazards caused by the use of asbestos.
X EXPIRATION OF TERM
At the expiration of the term, the Lessee will peaceably yield up to the Lessor the demised premises in
good and tenantable repair. It is understood and agreed between the parties that the Lessee shall have the right
to remove from the premises all personal property of the Lessee and all fixtures, machinery, equipment,
appurtenances and appliances placed or installed on the premises by it, provided the Lessee restores the premises
to as good a state of repair as they were prior to the removal.
XI SUBLETTING AND ASSIGNMENT
The Lessee upon the obtaining of the written consent of the Lessor, which written consent shall not
capriciously be withheld, shall have the right to sublet all or any part of the demised premises, or to assign all
or any part of the demised premises.
XII NOT CONSENT TO SUE
The provisions, terms or conditions of this lease shall not be construed as a consent of the State of Florida
to be sued because of said lease hold.
XIII WAIVER OF DEFAULTS
The waiver by the Lessor of any breach of this lease by the Lessee shall not be construed as a waiver
of any subsequent breach of any duty or covenant imposed by this lease.
XIV RIGHT OF LESSOR TO INSPECT
The Lessor, at all reasonable times, may enter into and upon the demised premises for the purpose of viewing
the same and for the purpose of making any such repairs as they are required to make under the terms of this lease.
XV BREACH OF COVENANT
These presents are upon this condition, that, except as provided in this lease, if the Lessee shall neglect
or fail toperform or observe anycovenant herein dontained, which on the Lessee's part is to be performed, and
suchfor period of thirty (30) days after receipt of written notice thereof from the Lessor
default shall continue o a y p
to the Lessee, then the Lessor lawfully may, immediately, or at any time thereafter, and without further notice
or demand,enter into and upon the demised premises,or any part thereof, and repossess the same as of their former
estate and expel the Lessee and remove its effects forcefully, if necessary, without being taken or deemed to be
guilty of any manner of trespass and thereupon this demise shall terminate but without prejudice to any remedy
which might otherwise he used by the Lessor for arrears of rent or for any breach of the Lessee's covenants herein
contained.
XVI ACKNOWLEDGMENT OF ASSIGNMENT
That the Lessee upon the request of the Lessor shall execute such acknowledgment or acknowledgments,
or any assignment,or assignments, of rentals and profits made by the Lessor to any third person,firm or corporation,
provided that the Lessor will not make such request unless required to do so by the Mortgagee under a mortgage,
or mortgages, executed by the Lessor.
XVII TAXES, INSURANCE, AND COMMISSIONS
1. Lessor shall pay all real estate taxes and fire insurance premiums on the demised premises. Lessor shall
not be liable to carry fire insurance on the person or property of the Lessee or any other person or property which
may now or hereafter be placed in the demised premises.
2. Lessor agrees, covenants, certifies and warrants to Lessee that no portion of the rent payable pursuant
to Article II of this Lease Agreement includes, represents, is based on or is attributable to any commission or
fee which is paid or is payable by Lessor as the result of Lessor's having utilized or contracted for the services
of any real estate broker, salesman, agent or firm in any aspect of Lessor's dealings or any dealings involving the
leasing of the demised premises to Lessee.
XVIII AVAILABILITY OF FUNDS
The obligations of the Lessee under this lease agreement are subject to the availability of funds lawfully
appropriated annually for its purposes by the Legislature of the State of Florida and/or the availability of funds
through contract or grant programs.
XIX USE OF PREMISES
The Lessee will not make or suffer any unlawful, improper or offensive use of the premises or any use
or occupancy thereof contrary to the laws of the State of Florida or to such Ordinances of the City and/or County
in which the demised premises are located, now or hereinafter made, as may be applicable to the Lessee.
Page 2 of 3
13PM 4054(R8/87)
760:0253
Lease No.
XX RENEWAL
The Lessee is hereby granted the option to renew this lease for an additional i `%' year(s)
upon the same terms and conditions. If the Lessee desires to renew this lease under the provisions of this Article,
it shall give the Lessor written notice thereof not more than six months nor less than three months prior to the
expiration of the term provided in Article I of this Lease or any applicable renewal period.
XXI RIGHT TO TERMINATE
The Lessee shall have the right to terminate,without penalty,this lease in the event a State owned building
becomes available to the Lessee for occupancy during the term of said lease for the purposes for which this space
is being leased in the County of Ds-: r..: , Florida, upon giving six (6) months advance
written notice to the Lessor by Certified Mail, Return Receipt Requested.
XXII NOTICES AND INVOICES
All notices required to be served upon the Lessor shall be served by Registered or Certified Mail, Return
Receipt Requested, at 1,700 Convention Centtf r Drive, Miami Beach FL. 33139 , and all
(Street) (City) (Zip Code)
notices required to be served upon the Lessee shall be served by Registered or Certified Mail, Return Receipt
Requested, at the address of the Lessee at Heli KirKirkmanBuilding, Tallahassee FL. 32303,
(Street) (City) (Zip Code)
Invoices, in triplicate, shall be submitted monthly to: Veil K! �1 a a Hui.ld Lnc+ Ta 1c. E '`,P -- FL
P 3, 301.
XXIII DEFINITION OF TERMS
(a) The terms "lease," "lease agreement," or "agreement" shall be inclusive of each other and shall also
include any renewals, extensions or modifications of this lease.
(b)The terms "Lessor" and "Lessee" shall include the successors and assigns for the parties hereto.
(c) The singular shall include the plural and the plural shall include the singular whenever the context so
requires or permits.
•
XXIV ADDITIONAL TERMS
(Check One)
AX Any and all additional covenants or conditions appear on the attached.
No additional covenants or conditions form a part of this lease.
IN WITNESS WHEREOF, the parties hereto have hereunto executed this instrument for the purpose
herein expressed, the day and year above written.
ANY LEASE FOR 2,000 SQUARE FEET OR MORE SHALL NOT BECOME LEGALLY EFFECTIVE UNTIL
APPROVED BY THE DEPARTMENT OF GENERAL SERVICES.
ORIGINAL SIGNATURE REQUIRED ON ALL COPIES
If Lessor is an Individual: FORM APPROVED
Signed, sealed and delivered in
theP resence of: LESSOR: LEGAL DEPT.
6
Fay r SEAL)
OM (SEAL)
Date
AS TO LESSOR
1
Corporation, Partnership, Trust, etc:
If Lessor is a Corporation, Partnership, Trust, etc.: Name of P
Signed, sealed and delivered in the presence of: CITY O F MIAMI BEACH
62/A-
C.. Z C 27((, (-< < ( CC,:,--,,,,,--- By: (S
Its NrKsMaXX-XXXXXX XXX XX
• Vice-Mayor
(clsf-
fiteanicIA--1, ,..., , /
T resident,General Partner,Trustee ATTEST: 1119, 7-&-t-ra ,:l / 12.,4'"//r-s-,'
Its AX City Ci erk
LESSEE:
Signed, sealed and delivered in STATE OF FLORIDA
the pr sence of: D 'ARTMENT OF j• ay qafety and
al7.44.a.67,--4..... (1t.....2,-(L4. .) Mo .• ;, Veihid 8
By: I - p' -J '--CAL---z---k-)
nt**
ji GILL, 44)0(19 :n Joe M. McCask 11, Director
AS TO LESSEE Admin 4 sfr4tive Servicez
APPROVED AS TO FORM AND LEGALITY,
APPROVAL AS TO CONDITIONS AND SUBJECT ONLY TO FULL AND PROPER
NEED THEREFOR EXECUTION BY THE PARTIES.
DEPARTMENT OF GENERAL SERVICES GENERAL COUNSEL
DEPARTMENT OF
By: idtifildf
Division of Fa ' es Management
' '. t-l,: JAN 251990
e L frair 7:1 , . w t''i*k 43086866WC ApprovalDate
0 0
Executive P irec or
Pae 3 of 3 4 ' 2 W ' ',] L ; ;; c
B 4054 (R2/86) x� ._ 1 u. M
LEASE NO. 760:0253
COVENANT NUMBER I
RENT SCHEDULE I
FOR
LEASE NUMBER:
RATE PER
TERM SQ/FT/YR MONTHLY RENTAL
01-01-90/12-31-90 $ 9 . 64 $1 , 963 . 35 , One thousand
nine hundred Sixty three
and 35/100 dollars
01-01-91/12-31-91 $10 . 03 $2 , 042 . 78, Two thousand
fourty two and 7$/100
dollars
01-01-92/12-31-92 $10 . 43 $2 , 124 . 24 , Two thousand
one hundred twenty four
and 24/100 dollars
CITY OF MIAMI BEACH
h- -
•
LESSOR SIGNATURE Vice--MayorLES .EE SI NATUR
R ick - < _ Joe N. McCa ski 1, Director
Administrative Services
FORM APPROVED DHSMV
LEGAL DEPT.
[3, 7.)/,
Date (//47,/
3)'D-1. C)1 6.)
LEASE # 760 : 0253
8720 Collins Avenue
Miami Beach, FL 33154
•
•
•
52 ' Inside to Inside
)i
2 , 600 Gross (50 X 52) �c
-156 Restrocros (12 X 13) c ,
2 , 444 Net Rentable Space
7)1
ca-
elk) H
per.
i s
52 • x -4111. 101101110111111
... 1 /! •
2 , 600 • *
*4j- 12 • x •
frirri..<0 13 • =
156 • *
26 . 00 +
1 • 56--
24 . 44
SI ATL OF FLORIDA
DEPARTMENT OF G SERVICES
LAILSOh BUILDING 1ALLAHASSEE, FLORIDA 323U1
DISCLOSIRE STATINEITT
Zone No. - - I p,Ase Ido. 760 : 0253
Paragraphs 255.249(2) (h)&(i) F.S.
Coe& One: Federal Identification
Number (F.E.I.D. orr S.S.)
Privately Med d X Entity Bolding Title 1' F59-60000372
Raabe of Entity: CITY OF MIAMI BEACH
time of Building: Premises at 8720 Collins Avenue
Street Address: 1700 Convention Center Drive
• C1.ty-: Miami Beach, pmt-: Dade
This is to certify that the following individual(s) holds 41 CT Torre interest
and/or the following public o ffi r-i ni(s) , agent(s) or employee i s) noiv s any
interest in the property or in the entity bo ld.i g r i r l e to the �e ing
leased to the State.
dame Address Principal Cccupa=ion Percent of
Flame Street and Cit and Address (St. & City) In teres t
N/A The property being leased to the state is owned entirely by the
City of Miami Beach. 100%
Zoe eguiry of all others bolc9 i r interest in the thz ve nnmed pz
N/A
If a public o f'ri a1, agent ar enloee provide,:
bane of individual: 'No public official , agent or employee holds
Naze of rAiD~ .c agency: interest in e proper y being lease. t.
POSirdne bead: the state.
This is to cer-afy that all bez.liciR1 interest is represented by stock in
a corporad.00 registered with the Securities and Exthange Commission or is
registered pursuant to Cbaptei 517, Florida Statutes, wili h stock is for sale
to the g public.
Yes X ivy
If C ner(s) is an 1ndi ' ' : 0.71 -(s) :
(Seal)
(Print or lype) (tianuaI Signature)
(Seal)
mat or type) (tanua1 Si gl ture)
If C (s) is a Corporation, Dame of Corporation, Partnership,
PaTrn rship, Trust, etc.: Trust, etc.: CITY OF MIAMI BEACH
CORPORATE
Abe Resnick, Vice-Mayor Seal
(Print or lype)
This is to certify that I, 410°
:os : Signature
as Vice-Mayor am authorized to sign
(President., General Partner, Trus tee etc.
for the entity shown above and tht I havepersonal knowledge o f • .required
� edg all of
information . 7)
ATTEST: -L t.. ,_ ? l a"
City Clerk
)tA2,) ( /# 9
(Lute) FORM APPROVED
Bim, LEGAL DEPT.
4114 (R-6/86)
By
Date //A70
ORIGINAL
RESOLUTION NO. 89-19800
Authorizing the Mayor and the City Clerk
to execute a lease agreement between the
City of Miami Beach, and the State of
Florida, Department of Highway Safety and
Motor Vehicles for the use of the entire
building and parking lot located at 8720
Collins Avenue.