98-22639 RESO
RESOLUTION NO:
98-22639
A RESOLUTION AUTHORIZING THE MAYOR AND CITY
CLERK TO EXECUTE A LEASE AGREEMENT BETWEEN
THE CITY OF MIAMI BEACH AND GLORIA MILLER
ROSENTHAL FOR THE LEASE OF A PORTION OF THE
BUILDING LOCATED AT 1833 BAY ROAD, MIAMI BEACH,
FLORIDA
WHEREAS, the City of Miami Beach has been leasing the second floor of the property
located at 1833-37 Bay Road to house certain off-site operations for the Miami Beach Police
Department; and
WHEREAS, in April of 1997, at the expiration of the lease term, the Police Department's
off-site operations remained on a month-to-month basis while alternate sites were considered; and
WHEREAS, upon review of the existing inventory of available properties that met the
criteria for the proposed use, the City Administration determined that renewing the lease at the
existing site would provide the most cost effective arrangement, as well as the most desirable
location for the intended use.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH that the Lease Agreement between the City
of Miami Beach and Gloria Miller Rosenthal for a portion of the property located at 1833 Bay Road,
Miami Beach, Florida be approved as attached hereto for the three-year period commencing on
February 1, 1998, and expiring at midnight on January 31, 2001, at the proposed annual rental fee
of $36,000.00, ($12.00 per square foot); and the Mayor and City Clerk are herein authorized to
execute said Lease Agreement.
PASSED AND ADOPTED THIS 21st day of January
, 1998.
Attest:
1~
MAYOR
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
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CITY CLERK
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CITY OF MIAMI BEACH
~ITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
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COMMISSION MEMORANDUM NO. 3 f -98'"
TO:
Mayor Neisen O. Kasdin and
Members of the City Commission
DATE: January 21,1998
FROM:
Sergio Rodriguez
City Manager
SUBJECT:
A RESOLUT N THORIZING THE MAYOR AND CITY CLERK TO EXECUTE A
LEASE AG EMENT BETWEEN THE CITY OF MIAMI BEACH AND GLORIA MILLER
ROSENTHAL FOR THE LEASE OF A PORTION OF THE BUILDING LOCA TED AT 1833
BA Y ROAD, MIAMI BEACH
ADMINISTRA TION RECOMMENDATION:
Approve the Resolution.
BACKGROUND:
The City of Miami Beach has been leasing the property located at 1833-37 Bay Road to house the
Parking Department for many years. In early 1995 the Police Department, which had been using
leased space at 1301 Dade Boulevard for certain off-site operations, was informed that it would have
to vacate those premises. On February 15, 1995, the City Commission approved the renewal of the
lease at 1833-37 Bay Road at a rate of$7.35 per square foot ($1837.50 per month) , thereby allowing
for the Police Department's off-site operations to move into the second-floor space which was being
vacated by the relocation of a portion of the Parking Department's operations. In April of 1997, at
the expiration of the lease term, the Parking Department moved all of its remaining operations to
other City-owned facilities. The Police Department's off-site operations remained on a month-to-
month basis while alternate sites were considered.
ANALYSIS
The Office of Asset Management and the Police Department reviewed the existing inventory of
available properties that met the criteria for the proposed use. It was determined that the current
market rate for similar sites ranged from $15.00 to $17.00 per square foot. These rates did not
include costs for the required build-out, telephone lines, computer lines, and other communications
infrastructure which is already in place in the existing facility.
continued....
AGENDA ITEM C I .8
DATE 1-21-q~
- 2 -
The attached Lease Agreement is for approximately three thousand (3,000+/-) square feet (the whole
of the second floor), and 800 square feet (40' x 20') of the westernmost portion of the rear yard of
the property located at 1833 Bay Road. The lease term is for the three-year period commencing on
February 1, 1998, and expiring at midnight on January 31, 2001. The proposed annual rental fee of
$36,000.00, equates to $12.00 per square foot, and is to be paid on a monthly basis, in equal
installments of$3,000.00. Funding has been obtained via a Federal H.I.D.T.A. (High Intensity Drug
Trafficking Area) grant which is in place through the end of 1999. Application for this grant will
continue on a yearly basis while funding is available. The Lease Agreement contains a provision
which allows the City to terminate the lease with a ninety (90) day notice if the grant is not
obtained. The Office of Risk Management and the City Attorney's Office have reviewed and
approved the terms of the Lease Agreement with regards to insurance, liability, and legal issues
respectively.
CONCLUSION:
Renewing the lease at the existing site would provide the most cost-effective arrangement as well
as the most desirable location for the intended use.
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LEASE AGREEMENT
THIS LEASE AGREEMENT, made and entered into this21stday of January , 1998,
by and between GLORIA MILLER ROSENTHAL, an individual (Lessor) and the CITY OF MIAMI
BEACH, a Florida municipal corporation (Lessee).
WHEREFORE, in consideration of the rent to be paid herein, and further good and valuable
consideration, receipt of which is hereby acknowledged, and the further consideration of the mutual
covenants each to the other made as follows:
1. Premises. The Lessor does hereby lease to the Lessee the whole of the second floor of
the building which measures approximately three thousand (3,000+/-) square feet, and a
portion measuring approximately 800 square feet (40' x 20') of the westernmost portion of
the rear yard and such vehicular access thereto as may be permitted by the City of Miami
Beach (the "Yard Area")
The Lessee understands and acknowledges that the Lessor makes no warranties or
representations and Lessee is relying on no such warranties or representations that the Yard
Area may be used for parking or storage of vehicles or that there is or will be vehicular
access to the Yard Area.
The Lessee further acknowledges that the Lessor or another Lessee of the Property wherein
the Demised Premises is located (the "Property") may during the term of the Lease take such
action with the City of Miami Beach to make all or a portion of the property to the east of
the building on the Property available for the parking of vehicles and to obtain access thereto.
In that event, Lessee shall cooperate with Lessor during any resulting construction period,
and Lessor shall use its best efforts to allow Lessee continued use of and access to the Yard
Area during such construction period, all located at 1833 through 1837 Bay Road, Miami
Beach, Florida (leased premises), and as more particularly described in Exhibit "A" attached
hereto.
2. Term. This Agreement is for the three-year period commencing on February 1, 1998, and
expiring at midnight on January 31, 2001.
3. Rent. The Lessee agrees to pay to the said Lessor, at the address listed in this Agreement,
an annual rental fee of$36,000.00, to be paid on a monthly basis, in the amount 0[$3,000.00
per month, by check. Rent shall become payable on or about the first working day of each
month, commencing on February 1, 1998, and on the first business day of each successive
month until the end of the term of this Agreement, or earlier cancellation. If the Lessee fails
to pay any rental payment due hereunder within ten (10) days of the due date there shall be
added to such payment a late charge of $50.00. If the rental payments due hereunder are not
received within ten (10) days after the normal monthly payment due date, then Lessor shall
provide Lessee with a written notice to remedy such default in payment. Upon failure of
Lessee to cure such default in payment within three (3) days after receipt from Lessor of such
written notice to remedy, Lessor, at its option, may cancel this Agreement and shall have the
right to re-enter and re-possess the leased premises.
4. Use ofthe Leased Premises. It is understood and agreed that the leased premises shall be
used by the Lessee for the operation, management, business function and direction of the
City of Miami Beach Police Department, and for any and all other lawful uses deemed in
the Lessee's best interest by the Lessee.
5. Telephone. Lessee shall pay its own cost for telephones it uses and any additional
installations it orders.
6. Maintenance and Utilities. The Lessee will pay for the utilities attributable to its use of
the leased premises. The Lessee agrees to maintain the leased premises in order and repair,
including furnishings, utility service connections on the leased premises and any routine
mechanical and electrical rearrangements installed by the Lessee, routine janitorial and
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custodial service, and other related services necessary to maintain the leased premises in
good, safe and sanitary conditions.
7. Structural Alterations by Lessee. The Lessee may not make major structural alterations
and/or improvements upon the leased premises without the prior written consent of the
Lessor, which consent shall not be unreasonably withheld. Notwithstanding the foregoing,
upon execution of this Agreement, Lessor herein agrees to provide hurricane shutters for the
leased premises, said shutters to be installed, as required, by Lessee. Such storm shutters to
be provided, at a minimum, shall contain a product control approval number from
Metropolitan Dade County, and meet all applicable requirements for same under the South
Florida Building Code.
8. Destruction of the Leased Premises. In the event that the leased premises shall be
damaged, destroyed or otherwise rendered unusable for the purpose of this Agreement and
thereby the fulfillment of the Agreement by the parties is rendered impossible, then and
thereupon this Agreement shall automatically terminate and Lessor shall take back the
premises without the prior written consent of the Lessee.
9. Assignment and Subletting. The Lessee shall not assign or otherwise transfer this
Agreement nor sublease any portion of the leased premises without the prior written consent
of the Lessor.
10. Signs. Lessee shall assume the cost of any exterior sign. All signs shall be removed by the
Lessee upon the expiration of this Agreement at the Lessee's own expense.
11. Lessor's Right of Entry. Except for non-payment of rent, which is separately addressed
in Paragraph 3 of this Agreement, the Lessor shall have the right to re-enter and repossess
the leased premises and to cancel this Agreement in the event of default by the Lessee of any
material covenant or agreement required to be performed by the Lessee, provided the Lessee
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shall be given the opportunity to cure. Upon the failure of the Lessee to substantially cure
such default within sixty (60) days after receipt from the Lessor of a written notice to remedy
the default, Lessor shall have the right to re-enter and repossess the leased premises and to
cancel this Agreement.
12. Cancellation by the Lessee. In the event that Lessee's specific funding source for payment
pursuant to this Agreement is discontinued, the Agreement shall be subject to cancellation
by the Lessee, without cause and for convenience, upon the giving of ninety (90)days written
notice to the Lessor, of the Lessee's intent to cancel.
13. Liability for Dama2e or Injury. The Lessee and its employees, officials or servants
shall not be responsible for any damage or injury that may occur to the Lessor, its agents,
servants, employees, clients, other Lessees or property from any cause during the period
covered by the Agreement; provided that this paragraph shall not apply in the event the
damage or injury is caused by the negligence of the Lessee, its agents, servants and
employees.
14. Taxes. Lessor shall be responsible for and pay all Federal, State, and local taxes due upon
the leased premises or otherwise arising out of this Agreement.
15. Cancellation upon Purchase. In the event that the parties hereto successfully
negotiate a purchase agreement for the leased premises during the term of this Agreement,
then this Agreement shall automatically terminate at the closing of such purchase agreement.
16. Notices. It is understood and agreed between the parties hereto that a written notice,
correctly addressed to the Lessor as follows:
Gloria Miller Rosenthal
1310 East Royal Palm Way
Boca Raton, Florida 33432
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and notice to the Lessee as follows:
City Manager
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
Attn: Jose Damien, Asset Manager
with copies to:
City Attorney
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
shall constitute sufficient notice to comply with this Agreement.
17.
Venue.
Venue in any legal proceedings arising by virtue of this Agreement shall be
in Dade County, Florida.
18.
Limitation of Liability.
Lessee shall look solely to Lessor's interest in the leased
premises for the satisfaction of any Lessee's rights or remedies or for the collection of a
judgement or other judicial process requiring the payment of money by Lessor in the event
of any default by Lessor hereunder, no other property or assets of Lessor shall be subj ect to
the levy, execution, judgement or other enforcement procedure for the satisfaction of
Lessee's rights or remedies under or with respect to this Agreement, the relationship of
Lessor and Lessee hereunder or Lessee's use or occupancy of the leased premises.
19. Entire A2reement. Any amendments, alteration, variation or modification of this
Agreement shall only be valid when they have been reduced to writing and duty sign by the
authorized officials of the Lessee or the Lessor.
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IN WITNESS WHEREOF, the parties have set their names and assigns hereto the day and
year first above mentioned.
LESSOR:
LESSEE:
GLORIA MILLER ROSENTHAL CITY OF MIAMI BEACH
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, MAYOR
ATTEST:
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CITY CLERK
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APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
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PROPERTY ADDRESS:
LEGAL DESCRIPTION:
EXHIBIT "A"
1833-37 Bay Road, Miami Beach, Florida
Lot 10 Block 13
Alton Beach Realty Company Amended Plat
Plat Book 9 Page 146
OR 16472-1961 07945
Official Records of Dade County, Florida