Loading...
RESOLUTION 91-20267 RESOLUTION No. 91 - 20267 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR AND THE CITY CLERK TO RETROACTIVELY EXECUTE AN AGREEMENT BETWEEN GLORIA MILLER ROSENTHAL, A/K/A GLORIA MILLER, AN INDIVIDUAL, AND THE CITY OF MIAMI BEACH, A FLORIDA MUNICIPAL CORPORATION, FOR THE LEASING OF 1833-1837 BAY ROAD TO PROVIDE OPERATIONAL OFFICE SPACE FOR THE PARKING DEPARTMENT. WHEREAS, the Administration and City Commission has reviewed the Lease Agreement between GLORIA MILLER ROSENTHAL, a/k/a Gloria Miller, an individual , and the City of Miami Beach; and WHEREAS, the City of Miami Beach desires to continue to lease the property commonly known as 1833-1837 Bay Road for use by the City's Parking Department; and WHEREAS, the existing lease with Gloria Miller expired at midnight on December 1, 1990; and WHEREAS, Ms. Miller has agreed to extend the existing lease agreement with the City with an increase of $245.00 per month for the one-year period which began December 1, 1990; and WHEREAS, the City Manager has recommended the execution of the Lease and the Legal Department has approved it as to form. NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the City Commission of the City of Miami Beach, Florida, authorizes the Mayor and the City Clerk to execute the attached Lease Agreement between Gloria Miller Rosenthal , a/k/a Gloria Miller, an individual , and the City of Miami Beach. PASSED and ADOPTED this 20th day of March, 1991 . ----' i 1/4„1",_ CE-MAYOR1 N'2 tN Attest by: t 1L .. ,, City Clerk FORM APPROVED BY LEGAL DEPARTMENT: By: v...,...,, Date: .34'5,/9/ 1991 CBT:MAM:pc et:0 Nesami ead � 9 FLORIDA 3 3 1 3 9 1 B , �PM�Egc ti INCORP,ORATED] $ "Y ACA TIONLANIS U. S. A. ,3` ' • +,CFI 12.E OFFICE OF THE CITY MANAGER CITY HALL 1700 CONVENTION CENTER DRIVE TELEPHONE: 673-7010 )),)c-:q/ COMMISSION MEMORANDUM NO. DATE: March 20, 1991 TO: Mayor Alex Daoud and Members of the City Commission FROM: Carla Bernabei Talari ,•_• �. City Manager 4‘ SUBJECT: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR AND THE CITY CLERK TO RETROACTIVELY EXECUTE AN AGREEMENT BETWEEN GLORIA MILLER ROSENTHAL, A/K/A GLORIA MILLER, AN INDIVIDUAL, AND THE CITY OF MIAMI BEACH, A FLORIDA MUNICIPAL CORPORATION, FOR THE LEASING OF 1833-1837 BAY ROAD TO PROVIDE OPERATIONAL OFFICE SPACE FOR THE PARKING DEPARTMENT. The City of Miami Beach currently leases the property located at 1833 through 1837 Bay Road from Gloria Miller Rosenthal for office and work spaces for the City's Parking Department. Resolution No. 89-19825, executed on January 5,1990, authorized the Mayor and the City Clerk to execute a lease agreement for the aforementioned properties. The offices and rear yard continue to meet the operational requirements for the department and Ms. Rosenthal has agreed to continue to lease the property to the City for these purposes. Discussions have been held during the course of the past several months to determine the feasibility of purchasing the property from the owner. At this time, however, Ms. Rosenthal has determined that it would not be in her or the City's best interest to sell the property. Accordingly, since there have been no specific locations identified to relocate the Department, the Administration has determined to continue to lease the property. The previous rental fee paid by the City was $3,090.00 per month for the rental of the 6,000 square foot building and adjacent yard. In a letter dated October 17, Ms. Rosenthal advised the City that an increase of $245.00 per month is necessitated as a result of increased real estate taxes and insurance. This increase would be retroactively effective from December 1, 1990. The revised rate will be $3,335.00 per month ($40,020.00 annually) . ADMINISTRATION RECOMMENDATION: The Administration recommends that the City Commission adopt the attached resolution authorizing the Mayor and City Clerk to execute the Lease Agreement between the City and Gloria Miller Rosenthal for the rental of 1833-37 Bay Road for use b the City's Parking Department CBT AM:pc (atYc hme n t s a N AGENDA ow,. • ITEM DATE 2 6 LEASE AGREEMENT THIS LEASE AGREEMENT, made and entered into this 20th day of March, 1991, by and between GLORIA MILLER ROSENTHAL, a/k/a GLORIA MILLER, an individual (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 further good and valuable consideration, receipt of which is hereby acknowledged, and the further consideration of the mutual covenants each to the other made as follows: 1. Premises. The Lessor does hereby lease to the Lessee, Six Thousand (6,000) square feet of the building and the remaining rear yard located at 1833, 1835, and 1837 Bay Road, Miami Beach, Florida 33139. The above premises are more particularly described as follows: Lot 10, Block 13, AMENDED PLAT OF ALTON BEACH REALTY COMPANY, according to the Plat thereof as recorded in Plat Book 9 at Page 146 of the Public Records of Dade County, Florida. 2. Term. This Lease is for the period of one (1) year, retroactively commencing on December 1, 1990 and ending at midnight on November 30, 1991. 3. Rent. The Lessee agrees to pay to the said Lessor at the address listed in this agreement, an annual rental fee, paid on a monthly basis in the amount of $3,335.00 by check, at the Lessee's discretion, and shall be payable on or about the first of each month, commencing on December 1, 1990 and on the first day of each successive month until the end (or earlier cancellation) of this Lease Agreement. 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 Parking Department of the City of Miami Beach and for any and all other lawful uses deemed in the Lessee's best interest by the Lessee. 5. Telephone. Lessee shall pay its own costs for telephones it uses and any additional installation it orders. 6. Maintenance and Utilities. The Lessee will pay for the utilities attributable for its use. 1 The Lessee agrees to maintain its own leased portion of the premises in good order and repair, including furnishings, utility services connections on the designated 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 designated premises in a good, safe and sanitary condition. 7. Structural Alterations by Lessee. The Lessee may not make major structural alterations, additions and improvements upon 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, then and thereupon this Agreement shall terminate and Lessor shall make no claim against Lessee, its agents or employees, for damages or compensation should this Agreement be so terminated. 9. Assignment and Subletting. The Lessee shall not assign or otherwise transfer this Lease nor sublease any portion of the premises without the prior written consent of the Lessor. 10. Signs. Lessee shall assume the cost of any exterior signs. All signs shall be removed by the Lessee upon the expiration of this Lease at Lessee's own expense. 11. 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 receipt from the Lessor of a written notice to remedy the default. 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. 2 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 shall automatically terminate after the giving of thirty (30) days' written notice. 13. Liability for Damage or Injury. The Lessee and its employees, officials or servants shall not be responsible for any damage or injury that may occur to the Lessor, its agents, servants, employees, clients, other Lessees or property from any cause during the period covered by this Agreement. The Lessor expressly agrees to indemnify and hold the Lessee harmless against any and all claims for loss, damage, injury or liability, which may arise or accrue by reason of the use by Lessee of the leased premises; provided that this paragraph shall not apply in the event the damage or injury is caused by the Lessee, its agents, servants and employees. 14. Taxes. Lessor shall be responsible for and pay all Federal , state and local taxes on the designated premises or arising out of this Agreement. 15. Cancellation Upon Purchase. In the event that the parties hereto successfully negotiate a purchase agreement regarding the property during the term of this Agreement, then this Agreement shall automatically terminate at the closing of such purchase agreement. 16. Notices. It is understood and agreed between the parties hereto that a written notice, correctly addressed to the Lessor as follows: Gloria Miller Rosenthal 1310 East Royal Palm Way Boca Raton, Florida 33432 and notice to the Lessee as follows: Carla Bernabei Talarico City Manager City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33119 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. 17. City Manager. Any matter not expressly set forth herein shall be within the reasonable discretion of the Lessee's City Manager or his designee. 3 18. Venue. Venue in any legal proceedings arising by virtue of this Agreement shall be in Dade County, Florida. 19. Entire Agreement. Any amendments, alterations, variations or modifications of this Agreement shall only be valid when they have been reduced to writing 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. LESSOR: GLORIA MILLER ROSENTHAL a/k/a Gloria Miller ./t/Z/ c& K '.21_ tell '1.,) <.,:_e_24-e4C-ci / Gloria Miller Rosenthal Witnesses: ,.r - A __- i ' , f ( 1'VYV i t../U 1 LS/A.,11/ /ii LESSEE: CITY OF MIAMI BEACH, FLORIDA (7 -( E);)- By: �E-MAYOR Attest: .--? c. E ,� City Clerk FORM APPROVED BY LEGAL: By: ...-,....,---)2 ,t...ry DATE: 13. March 1991 mam/pc 4 ORIGINAL RESOLUTION NO. 91-20267 Authorizing the Mayor and the City Clerk to retroactively execute an agreement between Gloriz Miller Rosenthal, a/k/a Gloria Miller, an individual, and the City of Miami Beach, a Florida Municipal Corporation, for the leasing of 1833-1837 Bay Road to provide operational office space for the Parking Department.