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RESOLUTION 92-20673 i 1 • RESOLUTION NO. 92-20673 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT WITH SHARON SABALLOS FOR THE PURPOSE OF PROVIDING CARETAKER AND SECURITY SERVICES AT THE POLICE MOUNTED PATROL STABLE, LOCATED IN SOUTH POINTE PARK FOR A PERIOD OF ONE YEAR COMMENCING OCTOBER 1, 1992 . WHEREAS, the City of Miami Beach owns the stable facility located in South Pointe Park; and, WHEREAS, such stable facility was previously occupied by the Police Department's Mounted Patrol Unit for the stabling of horses; and, WHEREAS, the operations of such unit included a live-in groom to provide personal attention, caretaker, and security to the horses and the facility; and WHEREAS, with the elimination of the Police Mounted Patrol Unit in the FY 1992/93 Budget, it is not in the City's best interest to leave the stable facility vacant and so be subject to possible vandalism or unlawful occupancy; and, WHEREAS, the City is desirous of continuing to have caretaker and security services available at the stable facility; and, WHEREAS, Ms. Sharon Saballos, currently employed by the City of Miami Beach, previously in classification of "Groom" is desirous of providing those services in return for rent-free accommodations in the stable facility; and, WHEREAS, such agreement would be for a period of one (1) year or until the City privatize5the stable facility, whichever occurs first. NOW THEREFORE BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor is authorized to enter into an agreement with Sharon Saballos, for the purpose of providing caretaker and security services at the stable facility (Mounted Patrol Stable) located in South Pointe Park, as contained herein as Attachment "A" . PASSED and ADOPTED, this 2nd day of December 1992 . 4 / i •YOR Attest by: e'e.--(A.At .714,,,,,, City Clerk F rm .p•roved• cle/ 7421g1) -4001k, / - /A40 / City Attor, ey PFL:me HIGHLIGHTS OF THE AGREEMENT Duration For one (1) year, commencing October 1, 1992 or until the City privatize the facility. (Paragraph 2) Rent Lessee shall occupy the premises rent free. (Paragraph 3) Lessee's Responsibility Lessee agrees to provide caretaking and security services for the premises. (Paragraph 4) CONCLUSION The Administration concludes that it is in the best interest of the City to continue to provide rent-free occupancy of the stable apartment to Ms. Sharon Saballos in return for caretaker and security services at the horse stable to prevent possible vandalism or unlawful occupancy. PFL:me 1� • ‘ • CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139 OFFICE OF THE CITY MANAGER TELEPHONE: (305) 673-7010 FAX: (305) 673-7782 COMMISSION MEMORANDUM NO. 72, 1 --ciz DATE: December 2 , 1992 TO: Mayor Seymour Gelber and Members of the City Commission FROM: Roger M. C r1 City Manag �V SUBJECT: AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND SHARON SABALLOS FOR THE PURPOSE OF PROVIDING CARETAKER AND SECURITY SERVICES AT THE MOUNTED PATROL STABLES LOCATED IN SOUTH POINTE PARK. ADMINISTRATION RECOMMENDATION The Administration recommends that the City Commission adopt the attached resolution which authorizes that Mayor to enter into an agreement with Sharon Saballos for the purpose of providing caretaker and security services at the Mounted Patrol Stables located in South Pointe Park. A copy of the agreement is contained herein as Attachment "A" . BACKGROUND As a result of the downsizing and cost savings measures adopted in the FY 92/93 Budget, the Police Department's Mounted Patrol Unit was eliminated on October 1, 1992. In addition, it is planned that the remaining facility (horse stable) be made available, through the RFP process, for a first-class recreational activity to compliment the many other activities taking place on Miami Beach. During the operations of the mounted patrol unit, the facility was not only used to stable horses but also provided live-in quarters for the City employed groom, Sharon Saballos. Having the live-in groom on premises provided a significant benefit to the City, since personal attention was available to the horses during night-hours in addition to having a general caretaker and security services present on premises. Following the elimination of the mounted patrol unit and appropriate disposal of horses and related equipment, the facility would have been left empty and be subject to vandalism or unlawful occupancy. In order to prevcnt the potential for possible vandalism or unlawful occupancy, the Administration proposed to Ms. Saballos (still employed by the City in another capacit';) that in return for the right to continue living in the stable apartment, she would continue to provide general caretaker and security services for the City at the facility. AGENDA ITEM DATE i��� LEASE AGREEMENT This agreement (hereafter "Agreement") is made between and entered into this 7th day of December 1992 , by and between the City of Miami Beach as Lessor (hereafter "City") and Sharon Saballos as Lessee. WITNESSETH 1. Premises and Use: City hereby agrees to rent to Sharon Saballos and Sharon Saballos hereby agrees to rent from City the right to use the apartment located at the Police Horse Stable facility at One Washington Ave. , Miami Beach, Florida, for the purpose of residing in said apartment. Notwithstanding any other provision of the Agreement, the use authorized pursuant to this Agreement pertains only to Lessee and does not extend to any other party. The scope of this Agreement is limited exclusively to the use of the Police Horse Stable. 2 . Term and Cancellation: Lessee is to have and to hold the leased premises for a one (1) year term or until such time as the City provides written notification that the rented premises is scheduled to be privatized, whichever is sooner. This Agreement commences on the 1st day of October 1992 . At the option of the City, this lease may be renewable for subsequent terms of one (1) year until notice of cancellation is given as indicated below: This lease shall be subject to cancellation by either party upon thirty (3 0) days written notice by certified mail or hand delivery as follows: To Lessor: Mr. Roger M. Carlton, City Manager City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 To Lessee: Sharon Saballos One Washington Ave. Miami Beach, Florida 33139 3 . Rent: Lessee shall occupy the premises rent free. 4 . Lessee's Responsibilities: In consideration of receiving this apartment rent free, Lessee agrees to provide caretaking and security services for the leased premises. 5. Indemnification Clause: Lessee shall indemnify, defend and save the City and its officers, agents and employees harmless from any and all claims, liability, losses and causes of actions arising out of any willful or negligent acts, error or omission of Lessee or other persons under Lessee's supervision or control relating in any way to this Agreement or arising out of or due to Lessee's breach of this Agreement; and Lessee shall pay all such claims and losses and defend all such suits in the name of the City, and shall pay all costs and judgments which may issue thereon. 6. Assignment and Subletting: Lessee shall have no right to assign or sublet this lease without the prior written consent of the City Manager of the City of Miami Beach. 7 . Utilities: The Lessor, during the term hereof shall pay all reasonable charges for water, waste disposal services, electricity used by Lessee, and for local recurring telephone charges. Lessee shall pay for additional, personal telephones, telephone lines and any additional installation Lessee orders. 8. Maintenance: Lessee hereby accepts the leased premises in its present "as is" condition. Lessor agrees to maintain leased premises and immediate surrounding areas and to make necessary repairs as a result of normal wear and tear. Lessee agrees to make repairs for damages caused by her negligence or abuse. 9 . No Liability for Personal Property: All personal property placed or removed in the leased premises shall be at the risk of Lessee or owner thereof. The Lessor shall not be liable to Lessee for any damage to said personal property unless caused by or due to negligence of Lessor or Lessor's agents or employees. 10 . Lessor's Right of Entry: Lessor, or any of its agents, shall have the right to enter said rental premises during all reasonable working hours to examine the same or to make repairs, additions or alterations as may be deemed necessary for the safety, comfort or preservation thereof. 11. Surrender of Premises: Lessee agrees to surrender to Lessor, at the end of the term of this lease or any extension thereof, said premises in as good condition as said premises were at the beginning of the term of this lease, ordinary wear and tear and damage by fire and windstorm or other Acts of God, excepted. The Lessor is under no obligation to provide replacement housing after the Lessee surrenders the leased premises. 12 . Written Agreement: This Lease contains the entire Agreement between the parties hereto and all previous negotiations leading thereto, and it may be modified only by resolution approved by the City Commission of the City of Miami Beach. 13. Arbitration: Any controversy or claim for money damages arising out of or relating to this Agreement, or the breach hereof, shall be settled by arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association, and the arbitration award shall be final and binding upon the parties hereto and subject to no appeal , and shall deal with the question of the costs of arbitration and r all matters related thereto. In that regard, the parties shall mutually select one arbitrator, but to the extent the parties cannot agree upon the arbitrator, then the American Arbitration Association shall appoint one. Judgement upon the award rendered may be entered into any court having jurisdiction, or application may be made to such court for an order of enforcement. Any controversy or claim other than a controversy or claim for money damages arising out of or relating to this Agreement, or the breach hereof, including any controversy or claim relating to the right to eviction or ejectment shall be settled by litigation and not arbitration. 14. Limitation of Liability: The Lessor desires to enter into this Agreement only if in so doing the Lessor can place a limit on Lessor's liability for any cause of action for money damages due to an alleged breach by the Lessor of this Agreement, so that its liability for any such breach never exceeds the sum of $1, 000. Lessee hereby expresses its willingness to enter into this Agreement with Lessee's recovery from the Lessor for any damage action for breach of contract to be limited to a maximum amount of $1, 000 . Accordingly, and notwithstanding any other term or condition of this Agreement, Lessee hereby agrees that the Lessor shall not be liable to Lessee for damages in an amount in excess of $1, 000 for any action or claim for breach of contract arising out of the performance or non-performance of any obligations imposed upon the Lessor by this Agreement. Nothing contained in this subparagraph or elsewhere in this Agreement is in any way intended to be a waiver of the limitation placed upon Lessor's liability as set forth in Florida Statutes, Section 768 . 28 . IN WITNESS WHEREOF, the parties have executed this Agreement the day and year written above. WITNESS LESSEE (.?. ,4,(71 Cal* ' a#/ 11% ATTEST: CIT • MIAMI BEAC. • BY. C TY CLERK if MAYOR FORM APPROVED: dee CITY AT OR EY / 3 Z RESOLUTION .NO. 92-20673 Authorizing the Mayor to enter into an agreement with Sharon Saballos for the purpose of providing caretaker and 111* security services at the Police Mounted Patrol Stable, located in South Pointe Park for a period of one year commencing October 1, 1992.