HomeMy WebLinkAboutLease Agreement/Use Agmt
Ol()OJ- 2-fY/~
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
www,miamibeachfl,gov
Office of the City Manager
Jorge M. Gonzalez
Telephone 305 673-7010
Facsimile 305 673-7782
September 28, 2004
Ms. Mary Lou Lienhard
Executive Manager
Miami Beach Senior Housing Development and Operations Corporation, Inc.
1580 Sawgrass Corporate Parkway, Suite 210
Fort Lauderdale, FL 33323
RE: LEASE AGREEMENT AND USE AGREEMENT BETWEEN THE CITY OF MIAMI BEACH
AND MIAMI BEACH SENIOR HOUSING DEVELOPMENT AND OPERATIONS
CORPORA TION, INC., FOR THE PURPOSE OF CONSTRUCTING, OPERATING, AND
MAINTAINING A SOUTH END RADIO/ANTENNA SITE FOR THE CITY OF MIAMI BEACH
PUBLIC SAFETY COMMUNICA TlONS SYSTEM.
Dear Ms. Lienhard:
The purpose of this letter is to memorialize the City Administration's intent to permit Miami Beach
Senior Housing Development and Operations Corporation, Inc.'s (as the User pursuant to the
above-referenced Use Agreement) continued use of the Improvements (as defined in the Use
Agreement), in the event the City terminates the above-referenced Lease Agreement pursuant to
Articles 4.5.1 and 4.5.2 of the Lease Agreement.
Notwithstanding the preceding sentence, Miami Beach Senior Housing Development and
Operations Corporation, Inc. hereby acknowledges and agrees that it shall continue to maintain the
Improvements following the City's termination of the Lease Agreement, as provided above. Miami
Beach Senior Housing Development and Operations Corporation, Inc. shall be solely responsible for
operation, and maintenance of the Improvements, as well as maintaining all necessary insurance
policies, and indemnifying and holding harmless the City of Miami Beach, Florida, throughout the
duration of the Improvements.
Miami Beach Senior Housing Development and Operations Corporation, Inc. hereby agrees and
acknowledges that, if required by the City, it will execute any necessary amendments to the above-
referenced Lease Agreement and/or Use Agreement to memorialize its continued use and
maintenance of the Improvements, as agreed to by the parties in this Letter Agreement.
An action to enforce the terms and conditions of this Letter Agreement may be brought by the City
and may be an action at law or in equity against any party or person violating or attempting to violate
any provision of said Letter Agreement, either to restrain violations or to recover damages. This
Letter Agreement shall be enforceable in Miami-Dade County, Florida and if legal action is
necessary by any party with respect to the enforcement of any and all the terms and conditions
herein, exclusive venue for the enforcement of same shall lie in Miami-Dade County, Florida.
If the aforestated terms and conditions meet with Miami Beach Senior Housing Development and
Operation Corporation, Inc.'s approval, please have the duly authorized representatives of Miami
Beach Senior Housing Development and Operation Corporation, Inc. acknowledge, execute and
attest to same in the spaces provided below. Upon execution by the City, we will forward a fully
executed copy to your office for your records.
Sincerely,
d:r G2-Y--
City Manager
JMG\CMC\rar
F:\cmgr\$ALL \CHRISTIN\J MGICeuncilT ewers. Lienhard ,doc
c: Christina M. Cuervo, Assistant City Manager
Patricia Walker, Chief Financial Officer
Gladys Acosta, Acting IT Director
Jose Damien, Asset Manager
I have read this Letter Agreement and, fully understanding same, agree to be bound by the terms
and conditions contained herein.
Miami Beach Senior Housing Development
and Operations Corporation, Inc.
BY-WS' ~~I~~Cll\d.
I na
mf1'{,\~ hnu h\e\" Ntr~
Print N memtle
City of Miami Beach, Florida
B~~ ~G
e M. onzalez
y Manager
STATE OF FLORIDA
)ss:
COUNTY or MIAMI DADC..... )
The foregoing e~~~s acknowledged before me this E:;-ft- day of s~~ 2004, by
Mary Lou Lienhard, as Executive Manager of Miami Beach Senior Housing Development and
Operations Corporation, Inc., a not-for-profit corporation. She is personally known to me or has
produced as ;deotifioatloo. A/J
(:k'c,LfL-J
J
Notary Public
l 0" (S-~ h(~61
Name of Notary typed or printed
My Commission Expires:
i~r ~ Louise FrIaby
\'1-. ; My Commission 00079078
....' Explrw o-nber 18, ;2006