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RESOLUTION 91-20378 RESOLUTION NO. 91-20378 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 ST. FRANCIS HOSPITAL, INC. FOR THE TEMPORARY USE OF SPACE BY THE FIRE DEPARTMENT FOR RELOCATION OF ONE RESCUE CREW DURING THE RENOVATION OF FIRE STATION NO. 3 AND GRATEFULLY ACKNOWLEDGING AN IN-KIND DONATION FROM ST. FRANCIS HOSPITAL, INC. FORGIVING THE RENT FOR THE LEASED PREMISES. WHEREAS, Fire Station No. 3 is scheduled for renovations, necessitating the relocation of the Rescue Crew housed in that facility; and WHEREAS, suitable temporary quarters for relocating the Rescue Crews have been identified in on the Third Floor of the Main Building of St. Francis Hospital ; and WHEREAS, St. Francis Hospital , Inc. has offered to forgive the usual and customary rental fee for the premises to be leased as a community service to the City of Miami Beach; and WHEREAS, the City Manager has recommended execution of a lease agreement for 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, that the Mayor and City Clerk are hereby authorized to execute the lease agreement between the City of Miami Beach and St. Francis Hospital, Inc. for use of space for the temporary relocation of one Fire Department Rescue Crew and acknowledges with appreciation the forgiveness of rent for the leased premises. PASSED AND ADOPTED THIS 23rd day of October , 1990 . ,..1, f i VICE - ►a YOR ATTEST: FORM APPROVED ---i ..c.1\4tA.et E ..— ri mrse,_ LEAL)DEPT. CITY CLERK 2-14-s- , By HCM:m Date /0,/-9,1 6 e,,,,,e4 eal (4m I rM E,�.,,, FLORI A 33139 .4?9,k.5- ORP ORATED*$ ummummomm. . VA C_4 9 3 ONL 4 NL) U. S. A. ,• ''-lettile' . OFFICE OF THE CITY MANAGER CITY HALL 1700 CONVENTION CENTER DRIVE TELEPHONE: 673-701 COMMISSION MEMORANDUM NO. r_302-4/ DATE: October 23, 1991 TO: Mayor Alex Daoud and Members of the City Commission . . FROM: Carla Bernabei Talarico 4 Manager , i- City r,, SUBJECT: LEASE AGREEMENT WITH ST. FRANCIS HOSPITAL, INC. FOR TEMPORARY USE OF SPACE BY RESCUE CREW OF FIRE DEPARTMENT BACKGROUND: Renovations to Fire Station No. 3 , which are scheduled to begin in November 1991, will necessitate the relocation of Fire Department personnel, including the Rescue Crew housed at Station No. 3 . In order to assure adequate rescue service to the zone covered by Fire Station No. 3 , temporary quarters for the Rescue Crew is required. Suitable quarters have been identified in the Main Building of St. Francis Hospital, Inc. located at 250 - 63rd Street Miami Beach. Under the proposed Lease Agreement, St. Francis Hospital, Inc. has offered space on the third floor of the Main Building, to be utilized by the rescue crew as its residential base of operations. These quarters have been made available as a community service to the City without charging the customary rental fee of $1000. 00 per month. 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 November 1, 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 St. Francis Hospital, Inc. for use of space in the Main Building of the hospital located at 250 - 63rd Street, Miami Beach, for use by the Fire Department and gratefully acknowledging the forgiveness of rental fees by St. Francis Hospital, Inc. CBT:WHH:H CM:m 01 AGENDA ITEML- - Y 79 . lD _,233 --yY DATE LEASE AGREEMENT THIS LEASE AGREEMENT, made and entered into this 1st day of November 1991 by and between ST. FRANCIS HOSPITAL, INC. , 250 - 63rd. Street, Miami Beach, FL 33141, 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, approximately Five Hundred (500) square feet, located on the Third Floor of the Main Building of St. Francis Hospital . Parking for Lessee ' s official and employee vehicles will be provided on a space-available basis in Lessor's parking lot. 2. Term. This Lease is for a period of one (1) year, commencing November 1, 1991 and ending at midnight on October 31, 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. 91-20378 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 . _ = - = - _ - - � - 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 one (1) Rescue Crew consisting of three (3) personnel , and for any an all other lawful Fire Department uses deemed in the Lessee ' s best interest by the Lessee. 3. 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 maintain its own leased portion of the premises in good order and repair, 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 improvements upon the leased premises without the prior written consent of the Lessor, which consent shall not be unreasonably withheld. 8. pestruction 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 2 make no claim against Lessee, its agents or employees for damages or compensation should this Agreement be so terminated. 9. Aeej nm nt nud Bubiettirig. This lease shall not be assigned or otherwise transferred or sublet without the prior written consent of the other party. 10. Leasor'p 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 . 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) day 's written notice. 3 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 the City' s self insurance program. 14 . MEMBA. 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: Kirby Raines, Vice President ST. FRANCIS HOSPITAL, INC. 250 - 63rd Street Miami Beach, FL 33141 and notice to the Lessee as follows: Carla Bernabei Talarico, 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 16. City Manager. Any matter not expressly set forth herein shall be within the reasonable discretion of the Lessee ' s City Manager or designee. 17 . Venus. Venue in any legal proceedings arising by virtue of this Agreement shall be in Dade County, Florida. 18. Entire Agreement. Any amendments, alternations, 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 WITN88B WHEREOF, the parties have set their names hereto the day and year first mentioned above. Wit asses: LESSOR: �. #(J'i�_C � ST. FI;ANCIB HOSPITAL, INC. C/ 41,4342,.. )1(,440/11Z--;%-o Vg4' =igna ure and Title) Attest: LESSEES t<glAsko.,\JI- E- 1rAA.A _ CITY OF MIAMI BEACH, FLORIDA City Clerk Hy: --77;6::441----) V;.ce - Mayor FORM APPROVED LEGL DEPT. By ?2,---&.- Date /7'i / , 5 ORIGINAL RESOLUTION NO. 91-20378 Authorizing the Mayor to execute a lease agreement by and between the City and St. Francis Hospital, Inc. for the temporary use of space by the Fire Department for relocation of one rescue crew during the renovation of Fire Station No. 3 and gratefully acknowledging an in-kind donation from St. Francis Hospital, Inc. forgiving the rent for the leased premises.