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RESOLUTION 90-20203 RESOLUTION NO. 90-20203 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR TO EXECUTE A LEASE AGREEMENT BY AND BETWEEN THE CITY AND SOUTH SHORE HOSPITAL, INC. FOR THE USE OF TWO APARTMENTS AT 701 WEST AVENUE FOR TEMPORARY USE BY THE FIRE DEPARTMENT AND GRATEFULLY ACKNOWLEDGING AN IN-KIND DONATION FROM SOUTH SHORE HOSPITAL, INC. , FORGIVING THE RENT FOR THE LEASED PREMISES. WHEREAS, Fire Station No. 1 is scheduled for renovations, necessitating the temporary relocation of the Rescue Crews housed in that facility; and WHEREAS, suitable quarters for relocating the Rescue Crews have been identified in an apartment building located at 701 West Avenue, owned by South Shore Hospital, Inc. ; and WHEREAS, South Shore Hospital, Inc. has offered to forgive the usual and customary rental fee of One Thousand Dollars per month for use of the premises as a community service to the City of Miami Beach; and WHEREAS, the City Manager has recommended execution of a lease agreement for use of the premises and the City Attorney' s Office has approved it as to form. NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, as follows: 1. The Mayor and City Clerk are hereby authorized to execute the lease agreement between the City of Miami Beach and South Shore Hospital, Inc. for use of two apartments located at 701 West Avenue, Miami Beach, Florida for use of the Fire Department for temporary relocation of Rescue Crews; and 2 . The City Commission gratefully acknowledges an in-kind donation of $12 , 000 from South Shore Hospital, Inc. , representing forgiveness of twelve months ' rental fees for use of the premises. PASSED AND ADOPTED THIS 19th day of December , 1990 . I/ AALIAL, 1011 1( OF MAYOR ATTEST: ORM APPROVED _.,„,:—_, t4 '--0-k., 4 r6,,a,,,4„ LEGAL DEPT. ,, ,„,,,t,A.-- CITY CLERK B/;;;17i?j- Date / -,406) HCM: ses r. eiel vazote eeete4 FLORIDA 3 3 1 3 9 f* INCORPj',ORATED j* °• ° l % VACATIONLAND U. .S. A. OFFICE OF THE CITY MANAGER CITY HALL ROB W.PARKINS 1700 CONVENTION CENTER DRIVE CITY MANAGER TELEPHONE: 673-7010 COMMISSION MEMORANDUM NO. <4"q° DATE: December 19 , 1990 TO: Mayor Alex Daoud and Members of the City Commission FROM: Rob W. Parkins f; City Manager SUBJECT: LEASE AGREEMENT WITH SOUTH SHORE HOSPITAL, INC. FOR USE OF TWO APARTMENTS BY THE FIRE DEPARTMENT BACKGROUND: Renovations to Fire Station No. 1, which are scheduled to begin in January 1991, will necessitate the relocation of Fire Department personnel, including the two (2) Rescue Crews housed at Station No. 1. The renovations are scheduled to be completed by early Fall . In order to assure adequate rescue service to the zone covered by Fire Station No. 1, temporary quarters for the Rescue Crews are required. Suitable quarters have been identified in an apartment building located at 701 West Avenue and owned by South Shore Hospital, Inc. . Under the proposed Lease Agreement, South Shore Hospital, Inc. has offered two apartments, normally available for hospital employees and families of patients, to be utilized by the rescue crews as their residential base of operations. These quarters have been made available as a community service to the City without charge of the usual rental fee of $500. 00 per month per apartment. The City will be responsible for telephone and utilities expenses and. for any minor modifications associated with its occupancy of the premises. The term of the Lease is one year beginning January 15, 1991. RECOMMENDATION: The City Administration recommends that the City Commission approve a Resolution authorizing the Mayor and City Clerk to execute a Lease Agreement with South Shore Hospital, Inc. for use of two apartments in the building at 701 West Avenue for use by the Fire Department and gratefully acknowledging the forgiveness of rental fees by South Shore Hospital, Inc. RWP:WHH:HCM: ses 3`7 AGENDA ` ITEM , � C\ DATE LEASE AGREEMENT THIS LEASE AGREEMENT, made and entered into this 19th day of December 1990 by and between SOUTH SHORE HOSPITAL, INC. , 630 Alton Road, Miami Beach, FL 33139, a Florida Corporation (hereinafter referred to as "Lessor") and the CITY OF MIAMI BEACH, a Florida Municipal Corporation (hereinafter referred to as "Lessee") . WHEREFORE, in consideration of the rental to be paid herein, and other good and valuable consideration, receipt of which is hereby acknowledged, and the further consideration of the mutual covenants each to the other made, the parties agree as follows: 1. Premises. The Lessor does hereby lease to the Lessee, Apartments Number 1 and Number 3 , consisting of approximately one thousand nine hundred sixty (1, 960) total square feet in the building located at 701 West Avenue, Miami Beach, Florida 33139 . 2 . Term. This Lease is for a period of one (1) year, commencing January 15, 1991 and ending at midnight on January 14 , 1992 . 3. Rent. The parties to this lease agree that the monthly rental fee for the premises shall be One Thousand Dollars ($1, 000. 00) . Concurrently, the Lessee acknowledges, pursuant to City Commission Resolution No. 90-20203 , an in-kind donation from the Lessor in the amount of Twelve Thousand Dollars ($12 , 000. 00) and which contribution shall have the effect of forgiving rent for the term of this lease. 1 4 . Use of the Leased Property. It is understood and agreed that the leased premises shall be used by the Lessee for the operation, management, business functions and direction of the Fire Department of the City of Miami Beach for the residential stationing of two (2) Rescue Crews consistingof six (6) ersonnel personnel, and for any an all other lawful Fire Department uses deemed in the Lessee's best interest by the Lessee. The Lessor acknowledges that the fence between the leased premises and the vacant lot at 659 West Avenue, will be modified by the Lessee to provide access to said vacant lot where the Lessee 's official and employee vehicles will be parked. 5. Telephone. Lessee shall pay its own costs for telephones it uses and any additional installation it orders. 6. Maintenance and Utilities. The Lessee willY a for the p utilities attributable to its use. The Lessee agrees to maintain n its own leased portion of the premises inood order and repair, parr, including furnishings, utility services connections on the demised premises, and any routine mechanical and electrical rearrangements installed by the Lessee, routine janitorial and custodial service, and other related services necessary to maintain the demised premises in a good, safe and sanitary condition. 7 . Structural Alterations by Lessee. The Lessee may not make major structural alterations, additions or p improvements upon p the leased premises without the prior written consent of the Lessor, which consent shall not be unreasonably withheld. 8. Destruction of Leased Premises. In the event the leased premises shall be damaged, destroyed or otherwise rendered unusable for the purpose of this Agreement and thereby the fulfillment of this lease by the parties is rendered impossible, p , then and thereupon this Agreement shall terminate and Lessor shall 2 •N make no claim against Lessee, its agents or employees for damages or compensation should this Agreement be so terminated. 9. Assignment and Subletting. This lease shall not be assigned or otherwise transferred or sublet without the prior written consent of the other party. 10. Lessor' s Right of Entry. The Lessor shall have the right to re-enter and repossess the premises and to cancel this Lease in the event of default by the Lessee of any material covenant or agreement required to be performed by the Lessee, which the Lessee shall be given an opportunity to cure, upon the failure of the Lessee to substantially cure such default within sixty (60) days after receipts from the Lessor of a written notice to remedy the default. 11. Cancellation by Lessor. This Agreement shall be subject to cancellation by the Lessor upon the giving of sixty (60) days written notice of the Lessor' s need for the premises for its general health care purposes and it's intent to cancel. In the event the Lessor exercises its right to cancel this Lease, the Lessor agrees to reimburse the Lessee for the Lessee' s expenses associated with restoring the fence adjacent to the premises to its condition at the beginning of the term of this Lease. 12. Cancellation by the Lessee. This Agreement shall be subject to cancellation by the Lessee upon the giving of thirty (30) days' written notice to the Lessor of the Lessee' s intent to cancel because the Lessee is a governmental entity and is subject to the appropriation of funds by its legislative body in an amount sufficient to allow continuation of its performance, in accordance with the terms and conditions of this Lease. If due to lack of funding for this Lease, the Lessee cancels this Lease, all of the parties ' rights, duties, and obligations pursuant to this contract 3 •N shall automatically terminate after the giving of thirty (30)3 day' s ) da Y written notice. 13. Liability for Damage or Injury. To the limits set forth in Florida Statues 768.28 , Lessee shall be liable to Lessor for any damage or injury to the Lessor arising out of any negligent act or omission of the Lessee in connection with the Lessee' s occupancy of the Premises. Lessor acknowledges that Lessee is self-insured, and the foregoing obligation will be funded through g the City' s self insurance program. 14. Taxes. Lessor shall be responsible for and pay all Federal, State and local taxes on the demised premises or arising out of this Agreement. 15. Notices. It is understood and agreed between the parties hereto that a written notice mailed in the U.S. mail, Certified Mail, Return Receipt Requested, correctly addressed to the Lessor as follows: William Zubkoff, Ph. D. , Chief Executive Officer SOUTH SHORE HOSPITAL, INC. 630 Alton Road Miami Beach, FL 33139 and notice to the Lessee as follows: Rob W. Parkins, City Manager City of Miami Beach 1700 Convention Center Drive Miami Beach, FL 33139 which shall constitute sufficient notice to comply with this Lease. Notice provided for in this paragraph shall include all notices required by law. The parties by giving written notice, as set forth herein, may designate another address for receiving notices. 4 •N 16. City Manager. Any matter not expressly set p y forth herein shall be within the reasonable discretion of the Lessee's City Manager or his designee. 17 . Venue. Venue in any legal proceedings arising g by virtue of this Agreement shall be in Dade Count Florida. County, rl 18. Entire Agreement. Any amendments, alternations, variations or modifications of this Agreement shall only be valid when they have been reduced to writing rlting and duly signed by authorized officials of the Lessee and the Lessor. IN WITNESS WHEREOF, the parties have set their names hereto the day and year first mentioned above. Witnesses: LESSOR: av,-.4e, SOU TH SHORE HOSPITAL, INC. (Signa ure and Title) William Zubkoff, PhD, MPH Executive Director Attest: LESSEE: ack---),--- 4711;7--kijAP,AAA-t--- CITY OF M • JCH, ORIDA ity Clerk )( ir By: _ A Or Mayor FORM APPROVED LEGAL DEPT. B Date7/Ya / 5 ORIGINAL RESOLUTION NO. 90-20203 Authorizing the Mayor to execute a lease agreement by and between the City and South Shore Hospital, Inc. for the use of two apartments at 701 West Avenue for temporary use by the Fire Department and gratefully acknowledging an in-kind dona- tion from South Shore Hospital, Inc. , forgiving the rent for the leased premises.