97-22320 RESO Incomplete
. .
RESOLUTION NO.
97-22320
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE A LEASE AGREEMENT
BETWEEN THE CITY AND THE FLORIDA ENTERTAINMENT
INDUSTRY COUNCIL, INC. FOR A PORTION OF THE CITY-
OWNED PROPERTY LOCATED AT 505 AND 55517TH STREET
RETROACTIVELY FOR AN ELEVEN (11) MONTH PERIOD,
BEGINNING ON FEBRUARY 1, 1997, AND ENDING ON
DECEMBER 31,1997.
WHEREAS, on July 28, 1993, the Mayor and City Commission approved Resolution No.
93-20872, inviting the Florida Entertainment Commission to locate its headquarters in the City of
Miami Beach, and pledging the City's assistance in obtaining suitable headquarters; and
WHEREAS, in January of 1995 the Mayor and City Commission approved a resolution
authorizing the lease ofa portion of the City-owned premises at 505-555 17th Street to the Florida
Entertainment Commission, and said lease expired on January 31, 1997; and
WHEREAS, the entity previously known as the Florida Entertainment Commission was
dissolved and the Florida Entertainment Industry Council was created; and
WHEREAS, the Florida Entertainment Industry Council has continued to perform the
service previously rendered by the Florida Entertainment Commission; and
WHEREAS, it has been determined that authorizing the lease of the premises to the Florida
Entertainment Industry Council is in the best interest of the City of Miami Beach.
NOW, THEREFORE, BE IT DULY RESOLVED by the Mayor and City Commission
of thc City of Mia...ni Beach, Florida, that the Mayor and City Clerk are authorized to execute the
attached Lease Agreement between the City of Miami Beach and the Florida Entertainment Industry
Council, Inc. for a portion of the City-owned property located at 50S - 555 17th Street, retroactively
for an eleven (11) month period, beginning on February 1, 1997, and ending on December 31,1997.
PASSED AND ADOPTED this19thday of MARCH, 1997.
A TIEST:
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CITY CLERK
F:\PURC\$ALL\ASSETS\S55-17ST\FEC_LEAS.RES 3/13/97
MAYOR
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUll0N
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C'I T Y 0 F M I A M I B E A C H
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH. FLORIDA 33139
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COMMISSION MEMORANDUM NO. " <:g~q7
TO:
Mayor Seymour Gelber and
Members ofthe City Com
DATE: March 19, 1997
FROM:
Jose Garcia-Pedrosa
City Manager
SUBJECT:
A RESOLUTION A ORIZING THE MAYOR AND CITY CLERK TO
EXECUTE A LEASE AGREEMENT BETWEEN THE CITY AND THE
FLORIDA ENTERTAINMENT INDUSTRY COUNCIL, FOR A PORTION
OF THE CITY-OWNED PROPERTY LOCATED AT 505 AND 555 17TH
STREET RETROACTIVELY FOR AN ELEVEN (11) MONTH PERIOD
BEGINNING FEBRUARY 1, 1997, AND ENDING DECEMBER 31, 1997.
ADMINISTRATION RECOMMENDATION:
Approve the Resolution.
BACKGROUND:
On July 28, 1993, the Mayor and City Commission approved Resolution No. 93-20872, inviting the
Florida Entertainment Commission (FEC) to locate its headquarters in the City of Miami Beach, and
pledging the City's assistance in obtaining suitable headquarters. In 1995 the City Commission
approved a resolution authorizing the lease of a portion of the City-owned premises at 505-555 17th
Street to the FEC, and said lease expired on January 3 I, 1997. Subsequently, the entity known as
the FEC was dissolved and in July of 1996, the Florida Entertainment Industry Council (FEIC) was
created and continued to perform the service previously rendered by the FEC.
ANALYSIS:
The FEIC is still need of office space and has requested to lease the property for a period of eleven
(11) months.
CONCLUSION:
The Administration has determined that leasing the premises to the FEIC would be in the best
interest of the City of Miami Beach. The attached Lease Agreement between the City of Miami
Beach and the FEIC for a portion of the City-owned property located at 505- 555 17th Street, for
an eleven (11) month period beginning February I, 1997, and ending December 31,1997, should
be approved.
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attachment
F:\PURC\SALLIASSETS\SSS-17SllFEIC _LSE.COM 3/13/97
AGENDAITEM~
DATE 3~ 19 -9 ':]
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BUSINESS PROPERTY LEASE
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THIS LEASE, executed this _ day of , 1997 between CITY OF
MIAMI BEACH, a Florida municipal corporation (Lessor) and the FLORIDA
ENTERTAINMENT INDUSTRY COUNCIL, INC. (Lessee), a non-profit Florida corporation.
WITNESSETH: The Lessor, for and in consideration of the rent herein reserved to be
paid by the Lessee, and in consideration of the covenants herein to be kept and performed by the
Lessee, does hereby lease and demise unto the Lessee the following described premises (the
"premises") situated in the City of Miami Beach, County of Dade, State of Florida:
Approximately 1,017 Sq. Ft. of administrative offices located on
the ground floor (east end) of the one story building at 505 & 555
17th Street, more particularly described as a portion of Park east of
Bayshore Golf Course & Park south of Canal and east of
Washington Ave., Less Parcel to BPI Per OR 976-566 and Less
Greater Miami Hebrew Academy Per OR 2241-185
TO HAVE AND TO HOLD the premises unto the Lessee, from the day of
1997 to and including the _ day of , 199_, the Lessee yielding and paying to the
Lessor the rental sum of one ($1.00) dollar for the lease term, as well as providing permanent
improvements to the premises, as agreed by the parties hereto,
Lessee shall also pay, as additional rent, all sales or use or excise tax( es) imposed, levied
or assessed against the rent or any other charge or payment required here by any governmental
authority having jurisdiction thereover, even though the taxing statute or ordinance may purport
to impose such sales tax against Lessor. The payment of sales tax shall be made by Lessee
concurrently with payment of the fixed minimum annual rental. Lessee agrees that it will pay its
Proportionate Share of real estate taxes assessed against the Building and its Proportionate Share
of operating expenses in the Building, as set forth and defmed in Paragraph 2 of this Agreement.
Lessee's Proportionate Share of real estate taxes will be paid upon demand accompanied by a copy
of the paid tax bill. Lessee's Proportionate Share of operating expenses will be paid monthly (or
as otherwise determined by Lessor) upon demand by Lessor. As used herein, Lessee's
"Proportionate Share" means a fraction the numerator of which is the square footage of the
premises and the denominator of which is the square footage of all of the rentable area in the
building of which the premises is a part ("Building"), including the square footage of the
premises.
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The Lessee agrees to keep, conform to and abide by each of the following covenants which
are hereby made conditions of this Lease:
1. To pay the rent set forth herein in advance, at the times and in the manner aforesaid,
and should the rent herein provided at any time remain unpaid after same shall become due, the
Lessor shall have such remedies as may be granted pursuant to the laws of the State of Florida.
All rent payments shall be made to the Lessor at the following address: City of Miami Beach
Office of Asset Management, 1700 Convention Center Drive, Third Floor, Miami Beach, Florida,
33139, or at such other place as the Lessor may, from time to time, designate in writing.
2. Lessor agrees to pay for all utilities used within the premises including, but not limited
to, electric, water, gas, telephone and garbage disposal. -
3. The Lessee accepts the premises in their present "as is" condition, and is responsible
for all interior modifications and maintenance, including entrance doors, windows, and screens.
Lessee must first obtain Lessor's written approval for any alteration, additions and/or
improvements to the premises and then must pay for such modifications, which shall become
Lessor's permanent improvements upon completion. Detailed plans for leasehold improvements
shall be submitted to Lessor within thirty (30) days following execution of this Agreement by the
parties hereto. The Lessee shall have the right to use any equipment, furnishing and fixtures left
by Lessor on the premises. Lessor represents that such equipment, furnishing and fixtures, are
to be used in their "as is" condition, and that Lessee is solely responsible for maintaining same,
at its sole cost and expense, throughout the duration of this Agreement. In the event any of the
aforesaid items are lost, stolen or damaged, they shall be replaced or repaired at the sole cost and
expense of Lessee, ordinary wear and tear excepted. Upon expiration of this Agreement, Lessee
shall quietly and peacefully redeliver said equipment, furnishings and fixtures to Lessor. At its
option, Lessor may take inventory of the premises, including all improvements, equipment,
furnishings, and fixtures at any time prior to the commencement of, or during the term of, this
lease.
4. Lessee agrees that any noise disturbance, inconvenience, disruption, failure of any
facilities, the shutting off of light or access to the premises, or any other nuisance or nuisances,
caused by or due to any repairs, alterations, improvements, additions or construction by the
Lessor, its agents, servants or employees to any part or portion of the building and for parking
areas wherein the premises are located, shall not be deemed or construed as a breach or violation
of the peaceful possession of the premises on the part of the Lessee. It is specifically further
agreed that any such conditions shall not give rise to any abatement, rebate or diminution of the
rent reserved herein, nor to any liability or responsibility by reason thereof on the part of the
Lessee.
5. It is understood that any property left on the premises at the expiration of the
Lease, shall be considered abandoned and shall become and be deemed the property of the Lessor.
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6. Lessee shall not assign Lessee's interest in this Lease, nor underlet the whole or
any part of the premises, nor use the same for any purpose other than for use as an office for the
Florida Entertainment Industry Council without fIrst obtaining the written consent to such
assignment or underletting, or to such change of purpose for the use of the premises, from the
Lessor, which consent shall be given, if at all, at Lessor's sole discretion. Lessee further
covenants that the premises will not be used for any purpose that will invalidate any policies of
insurance now or hereafter written on the building on which the premises are located, or will
increase the rate of premium thereof.
7. Lessee shall use the premises in pursuance with all laws and ordinances now or
hereinafter applicable; also to exercise all reasonable care in the use of halls, stairs, corridors,
restrooms, and other fIxtures and parts of the premises used in common with other tenants in said
building which may be necessary for the preservation of the property and comfort of the other
tenants. As to the latter, Lessee acknowledges that the City of Miami Beach Employees' Credit
Union is also located within the Building and that all Credit Union employees shall have access
to the common area restrooms within the Building.
8. Lessee shall not permit or suffer any noise, disturbance or nuisance whatsoever on
the premises detrimental to same or annoying to the neighbors, and the Lessee acknowledges that
the premises have been received in thoroughly good order, tenantable condition and repair, of
which the execution of this Lease, and taking possession hereunder, shall be conclusive evidence.
Lessee further acknowledges that no representations as to the condition of the premises have been
made by the Lessor, or the Lessor's agent, and that no obligation as to the repairing, adding to,
or improving the premises has been assumed by the Lessor, and that no oral arrangements have
been entered into in consideration of making this Lease and that this Lease contains a full
statement of the obligation of both parties hereto.
9. Lessee agrees to keep the interior of the premises in good condition during the
continuation of the term herein demised, and every part thereof, including the plumbing, doors
and windows, and will keep the same in good, sound, clean condition and repair, ordinary wear
and tear, fire, hurricane or other act of God alone excepted, and will not suffer or permit any strip
or waste of the premises.
10. Lessee shall permit the Lessor, or the Lessor's agent, at any reasonable time,to
enter and inspect the premises, and make repairs, if in the Lessor's sole judgment, the Lessor
should elect to do so.
11. If the Lessee shall not pay the rent herein reserved at the time and in the manner
stated, or shall fail to keep and perform any other condition, stipulation or agreement herein
contained, on the part of the Lessee to be kept and performed, or if the Lessee shall suffer to be
fIled against the Lessee and involuntary petition in bankruptcy or shall be adjudged a voluntary
or involuntary bankrupt or make an assignment for the benefIt of creditors, or should there be
appointed a Receiver to take charge of the premises either in the State or Federal courts, or if the
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Lessee shall vacate or abandon the premises prior to the end of the term hereof, then, in any such
events, the Lessor may, at the Lessor's option, immediately terminate and end this Lease and re-
enter upon the premises, whereupon the term hereby granted, and at the Lessor's option, all of
the Lessee's right, title and interest in this Lease shall end. The exercise of any options herl?in
contained shall not be deemed to be exclusive and the Lessor shall at all times in the event of the
Lessee's default hereunder, have such remedies as may be provided by the laws of the State of
Florida.
12. Notwithstanding Paragraph 11 above, this Agreement may be terminated without
cause and for convenience of either party at any time during the term specified, upon furnishing
thirty (30) days written notice to the other party.
13. If the Lessee shall abandon or vacate the premises when the same is open for
business and shall cease doing business in the premises, then, at the option of the Lessor, this
Lease shall inimediately terminate.
14. The Lessee pledges and assigns unto the Lessor all the furniture and fixtures, goods
and chattels of the Lessee, which may be brought or put on the premises, as security for the
payment of the rent herein reserved, and as additional consideration for this Lease Agreement.
15. In the event the premises, or any part thereof, shall at any time be destroyed or so
damaged by fire or other elements so as to be unfit for occupancy or use by the Lessee, then and
in that event, the Lessor shall have the op~ion to terminate this lease or to repair and rebuild the
premises. In the event the Lessor elects to exercise the option to repair and rebuild, the same
shall be done and completed within a reasonable time, but in no event shall such time be more
than sixty (60) days from the date of the initial damage or destruction rendering the premises
untenantable.
16. The Lessee shall not attach any signs to the premises, or place any lettering on the
plate glass windows, unless such signs, and such lettering, have been approved by the Lessor.
17. At the expiration of the term hereof, the Lessee shall quietly and peaceably deliver
the premises to the Lessor in the same repair and condition in which they were received, ordinary
wear and tear excepted.
18. The Lessor covenants that it will keep the exterior roof and walls of the building
in which premises are situated, in good repair. The Lessee shall give to the Lessor seven (7) days
written notice of needed repairs, and the Lessor shall have a reasonable time thereafter within
which to commence said repairs.
19. The tenus Lessor and Lessee as herein contained shall include the singular and/or
plural, masculine, feminine, and/or neuter, and heirs, successors, personal representatives and/or
assigns of the parties hereto.
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20. The failure of the Lessor in one or more instances to insist upon strict perfonnance
or observance of one or more of the covenants or conditions hereof or to exercise any remedy,
privilege or option herein conferred upon or reserved to the Lessor, shall not operate or be
construed as a relinquishment or waiver for the future of such covenant or condition or of the
right to enforce the same or the exercise such privilege, option, or remedy, but the same shall
continue in full force and effect. The receipt by the Lessor of rent, or additional rent, or any
other payment required to be made by the Lessee, or any part thereof, shall not be a waiver of any
other additional rent or payment then due, nor shall such receipt, though with knowledge of the
breach of any covenant or condition hereof, operate as or be deemed to be a waiver of such
breach, and no waiver by the Lessor of any of the provisions hereof, or any of the Lessor's rights,
remedies, privileges or options hereunder shall be deemed to have been made unless made by the
Lessor in writing. If the Lessor shall consent to the assignments of this Lease or to a subletting
of all or a part of the premises, no further assignment or subletting shall be made without the
written consent of the Lessor first obtained. No surrender of the premises for the remainder of
the term hereof shall be valid unless accepted by the Lessor in writing.
21. Lessee represents and warrants that there are no claims for broker's commissions
or fmders' fees in connection with the execution of this Lease.
22. Lessee shall not stock, use or sell any article or undertake any activity in the
premises which may be prohibited by Lessor's insurance policies or which will increase any
insurance rates or premiums for which Lessor is responsible.
23. Should any mechanics' or other liens be tiled against the premises or any part
thereof for any reason whatsoever by reason of Lessee's acts or omissions or because of a claim
against Lessee, Lessee shall cause the same to be cancelled and discharged, of record, by bond
or otherwise within twenty (20 days after the filing of such lien.)
24. In the event the premises are not ready for occupancy by the Lessee upon the
commencement date hereof, for any reason whatsoever, including the fact that the building in
which the premises are located has not been completed or sufficiently completed to make the
premises ready for occupancy, the Lessor shall have no liability to the Lessee by reason of the
Lessor's inability to deliver possession. In such event, the rent set forth herein shall abate until
such time as the premises are ready for occupancy and the commencement date of the term hereof
shall be deemed to commence upon such date, provided, however, that notwithstanding such
commencement date, this Lease shall expire on the termination date set forth on Page 1 hereof.
25. In the event that it shall become necessary for Lessor to employ the services of an
attorney to enforce any of its rights under this Lease or to collect any sums due to it under this
Lease or to remedy the breach of any covenant of this Lease on the part of the Lessee to be kept
or performed, regardless of whether suit be brought, Lessee shall pay to Lessor such fee as shall
be charged by Lessor's attorney for such services. Should suit be brought for the recovery of
possession of the Leased Premises or for rent or any other sum due Lessor under this Lease, or
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because of the breach of any of Lessee's covenants under this Lease, Lessee shall pay to Lessor
all expenses of such suit and any appeal thereof, including a reasonable attorney's fee.
26. Radon is a naturally occurring radioactive gas that, when it is accumulated in a
building in sufficient quantities, may present health risks to persons who are exposed to it over
time. Levels of Radon that exceed Federal and State guidelines have been found in buildings in
Florida. Additional infonnation regarding Radon and Radon testing may be obtained from your
County Public Health Unit.
27. Notice shall be deemed properly given hereunder when made in writing and
deposited in the United States certified or registered mails, with sufficient postage prepaid thereon
to carry it to its addressed destination; and the said notices shall be addressed as follows:
For the Lessor:
City Manager
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
With a copy to:
City Attorney
1700 Convention Center Drive
4th Floor
Miami Beach, Florida 33139
For the Lessee:
Florida Entertainment Industry Council
505 - 17th Street
Miami Beach, Florida 33139
or to such other address as shall from time to time be supplied in writing by any party to the
other.
28. The Lessee shall indemnify, defend and hold Lessor harmless from any and all
claims, liability, losses, and causes of action which may arise out of Lessee's use of the premises
under this Agreement and shall pay all claims and losses of any nature whatsoever in connection
therewith and shall defend all suits, in the name of Lessor, and shall pay all costs (including
attorney's fees) and judgments which may issue thereon. This indemnification shall not be limited
in any way by the type or amount of insurance carried by Lessee. Lessee shall carry and maintain
in full force and effect at all times during the term of this Agreement the following insurance
coverages:
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a. Comprehensive General Liability in the minimum amount of Five Hundred Thousand
DoHars($5oo,ooo) per occurrence for bodily injury and property damage. This policy
must also contain coverage for premises operation, products and contractual liability .
b. The City must be named as an additional insured on the policies required above. All
Certificates of Insurance shall state: This insurance coverage is primary to all other
coverages provided by the City of Miami Beach.
c. Workers' Compensation and Employers' Liability to meet the statutory requirements of
the State of Florida.
d. AH insurance policies shall be issued by companies authorized to do business under the
laws of the State of Florida and must have a rating ofB+:VI or better per A.M. Best's
Key Rating Guide, latest edition.
e. Lessee shaH furnish original certificates of insurance, evidencing the required coverage,
and receive approval of same, prior to the commencement of operations.
f. Certificates of Insurance shaH be approved by the City's Risk Manager and kept on file
in the Finance Department, Insurance and Safety Division, Third Floor, City Hall.
29. Lessor desires to enter into this Lease only if in so doing Lessor can place a limit
on the Lessor's liability for any cause of action for money damages due to an alleged breach by
the Lessor of this Lease, so that its liability for any such breach never exceeds the sum of
$1 ,000.00. Lessee hereby expresses its willingness to enter into this Lease with Lessee's recovery
from Lessor for any damage action for breach of contract to be limited to a maximum amount of
the amount of $1,000.00.
Accordingly, and notwithstanding any other term or condition of this Lease, Lessor hereby agrees
that it shall not be liable to the Lessee for damages in an amount in excess of $1,000.00, 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 Lease. Nothing contained in this paragraph or
elsewhere in this Agreement is in any way intended to be a waiver of the limitation placed upon
City's liability as set forth in Florida Statutes, Section 768.28.
30. Any litigation between the parties, arising out of, or in connection with this Lease,
shaH be initiated in the court system of the County of Dade, State of Florida.
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IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and
year stated above.
Signed, sealed and delivered
in the presence of:
LESSOR:
Attest: CITY OF MIAMI BEACH
APPROVED AS TO
FORM & LANGUAGE
By: & FOR EXECUnON
Mayor
By:
~J/i- ~
. mev Date
City Clerk
LESSEE:
(Seal):
FLORIDA ENTERTAINMENT INDUSTRY COUNCIL, INC.
a Florida corporation
By:
President
By:
Secretary
F:\PURC\SALLIASSETS\S55-17STlFEC _ LEAS,AGR 3/14JCY/
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