RESOLUTION 91-20304 RESOLUTION NO. 91-20304
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 KONOVER PROPERTIES, INC. FOR THE USE OF SPACE
AT 768 ARTHUR GODFREY ROAD FOR TEMPORARY USE BY THE
POLICE DEPARTMENT AND GRATEFULLY ACKNOWLEDGING AN
IN-KIND DONATION FROM KONOVER PROPERTIES, INC. ,
FORGIVING THE RENT FOR THE LEASED PREMISES.
WHEREAS, community policing is the willingness of the police
and the community to work together to solve problems, and because
the Police Department cannot effectively function without the
mutual understanding, respect and cooperation of the community, a
police mini-station located on 41st Street will be created,
providing a neighborhood location for community/police interaction;
and
WHEREAS, a suitable location for operating the mini-station
has been identified, a building located at 768 Arthur Godfrey Road,
owned by Konover Properties, Inc. ; and
WHEREAS, Konover Properties, Inc. has offered to forgive the
usual and customary monthly rental fee for use of the premises and
offer it as a community service to the City of Miami Beach on a
gratis basis; 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 the City Clerk are hereby authorized to
execute the Lease Agreement between the City of Miami
Beach and Konover Properties, Inc. for use of the space
located at 768 Arthur Godfrey Road, Miami Beach, Florida
for use by the Police Department for the operation of a
mini-station; and
2 . The City Commission gratefully acknowledges an in-kind
donation of $6, 300 from Konover Properties, Inc. ,
representing forgiveness of seven months ' rental •
fees for use of the premises.
PASSED and ADOPTED this 5th day of June , 1991.
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OR
ATTEST:
FORM APPROVED
CITY CLERK LEGAL DEPT.
Date ' Z3y"9i'
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CITY HALL
OFFICE OF THE CITY MANAGER 1700 CONVENTION CENTER DRIVE
TELEPHONE: 673-7010
COMMISSION MEMORANDUM NO. /?,7_1-(71
DATE: June 5, 1991
TO: Mayor Alex Daoud and
Members of the City Commission
iv. orz.,
FROM: Carla Bernabei Talarico %19
City Manager
PROPERTIES, INC. FOR
WITH KONOVER
SUBJECT: LEASE AGREEMENT
USE OF PROPERTY LOCATED AT 768 ARTHUR GODFREY ROAD,
FOR USE BY THE MIAMI BEACH POLICE DEPARTMENT
BACKGROUND:
willingness
Community Policing is the w of the police and the g The Police
• to work together to solve problems.
community function without the mutual
Department cannot effectively it serves.
p respect and cooperation of the community
understanding,
. that r friendly,i endl neighborhood location for
A facility can provide , y . is necessary to
increasingfavorable community/police interaction
creation of amini-police station located
achieve this goal. The public for police
Street will provide easy access to the •
on 41st
• objectives stated above. Suitable quarters
services, and meet the at 768
been located for the 41st Street police mini-station,
havender the
GodfreyRoad, owned by Konover Properties, Inc.c
Arthur
Konover Properties,, Inc. has offered the
proposed Lease Agreement, p charge of the
a communityg
location as service to the City without c
per month. The City will be responsible
usual rental fee of $900 modifications
for telephone and utilities and for any minor ns
• occupancy of the premises. The term of the
associated with the p y
leaseg 2
is beginning 15 May 1991 and terminating January
1992 .
ADMINISTRATIVE RECOMMENDATION:
The City Administration recommends that the City Commission approve
a Resolution
authorizingthe Mayor and City Clerk to execute a
Lease Agreement with Konover Properties, Inc. for use of 768 Arthur
Godfrey
Road bythe Miami Beach Police Department, acknowledging
the forgiveness of rental fees.
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AGENDA_cle i _
ITEM
fDATEç:.c;/
LEASE AGREEMENT
THIS LEASE AGREEMENT, made and entered into this 7th day of
June 1991 by and between Konover Properties, Inc. , 4014
Chase Avenue, Miami Beach, Florida 33140, 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, the
premises located at 768 Arthur Godfrey Road, Miami Beach, Florida
33140 consisting of approximately six hundred fifty (650) total
square feet.
2 . Term. This lease is for the period commencing 15 May 1991
and ending at midnight on 2 January 1992 .
3 . Rent. The parties to this Lease agree that the monthly
rental fee for the premises shall be ($900. 00) nine hundred dollars
and no/100. Concurrently, the Lessee, acknowledges, pursuant to
City Commission Resolution No. 91-20304 , an in-kind donation from
the Lessor in the amount of ($6, 300. 00) and which contribution
shall have the effect of forgiving rent for the term of this Lease.
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
Police Department of the City of Miami Beach for the operation of
a police mini-station consisting of one Police Officer or Public
Safety Specialist, which will operate with additional staffing as
necessitated.
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 to its use. The Lessee agrees to accept the
premises in "as is" condition and agrees to maintain the premises
in a good, safe and sanitary condition.
7 . Structural Alterations by Lessee. The Lessee may not make
any major structural alterations, additions or 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. 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.
lation by Lessor. This Agreement shall be sut e-ct...,
t _ at t b the Lessor upon the g i v i g—zsf---is i-x t ..-__c.6 0j___d a y s
written notice of the Lessor 's need for the premier__-a d----4t-Ls , t4
—
ent--tai—ca nce �� _--
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
shall automatically terminate after the giving of thirty (30) days
written notice.
13 . Liability for Damage or Injury. To the limits set forth
in Florida Statutes 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 the City' s self
insurance program.
14 . Taxes. Lessor will 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:
Ted Konover
KONOVER PROPERTIES, INC.
4014 Chase Avenue
Miami Beach, Florida 33140
and notice to the Lessee as follows:
Carla Bernabei Talarico, City Manager
CITY OF MIAMI BEACH
1700 Convention Center Drive
Miami Beach, Florida 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.
16. City Manager. Any matter not expressly set 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 by virtue
of this Agreement shall be in Dade County, Florida.
18. 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.
W' e LESSOR:
._14},YI KON VER PROPERT ES, INC.
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Signat a an: Title
Attest: LESSEE:
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tkiLA,A CITY 0 M /' :EA ' LORI
By: /
Ma •r
FORM APPROVED
LEGAL DEPT.
By
Date .7//'
ORIGINAL
RESOLUTION NO. 91-20304
Authorizing the Mayor to execute a lease
agreement by and between the City and
Konover Properties, Inc. for the use of
space at 768 Arthur Godfrey Road for
temporary use by the Police Department
and gratefully acknowledging an in-kind
donation from Konover Properties, Inc. ,
forgiving the rent for the leased premises,