RESOLUTION 91-20327 RESOLUTION NO. 91-20327
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 THE CHANNING-LENHOFF PARTNERSHIP FOR THE USE OF
SPACE AT 6968 BAY DRIVE FOR TEMPORARY USE BY THE
POLICE DEPARTMENT AND GRATEFULLY ACKNOWLEDGING AN
IN-KIND DONATION FROM THE CHANNING PARTNERSHIP,
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 Bay Drive 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 6968 Bay Drive, owned by
the Channing-Lenhoff Partnership; and
WHEREAS, the Channing-Lenhoff Partnership 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 the Channing-Lenhoff Partnership for use of the
space located at 6968 Bay Drive, 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 $4 ,200 plus sales tax from the Channing-
Lenhoff Partnership, representing forgiveness of eight
months ' rental fees for use of the premises.
PASSED and ADOPTED this 10th day of July , 1991.
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FORM APPROVED
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LEASE AGREEMENT
THIS LEASE AGREEMENT, 1 O
made and entered into this day of
�'clicfIit?�''�1'
JUI\iE 1991 by and between Channing 11 Via Varona,
Palm Beach Gardens, Florida 33418, 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 6968 Bay Drive, Miami Beach, Florida 33141
consisting of approximately six hundred fifty (650) total square
feet.
2 . Term. This lease is for the period commencing 15 June 1991
and ending at midnight on 28 February 1992 .
3 . Rent. The parties to this Lease agree that the monthly
rental fee for the premises shall be ($525. 00) five hundred twenty
five dollars and no/100 plus sales tax. Concurrently, the Lessee,
acknowledges, pursuant to City Commission Resolution No. 91-20327
an in-kind donation from the Lessor in the amount of ($4 ,200. 00)
plus sales tax 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.
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 and it's
intent to cancel.
12 . Cancellation by the Lessee. This Agreement shall be
subject to cancellation by the Lessee upon the giving of thirty
(3 0) 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 (3 0) 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. Lessor not responsible for sales tax.
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:
John Channing
11 Via Varona
Palm Beach Gardens, Florida 33418
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.
Witnes-e • LESSOR:
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Attest: LESSEE: MAUWWWORMALIOLWt
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By: ALACLA ,
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FORM APPROVED
LEGAL DEPT.
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Date 773/ 7
ORIGINAL
RESOLUTION NO. 91-20327
Authorizing the Mayor to execute a lease
agreement by and between the City and the
Channing-Lenhoff Partnership for the use
of space at 6968 Bay Drive for temporary
use by the Police Department and gratefully
acknowlwdging an in-kind donation from the
Channing Partnership, forgiving the rent
for the leased premises.