2000-24124 RESO
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RESOLUTION NO. 2000-24124
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
APPROVING A LEASE AGREEMENT WITH THE SCHOOL
BOARD OF MIAMI-DADE COUNTY, FLORIDA, TO LEASE 75
PA~NG SPACES ADJACENT TO NORTH BEACH
ELEMENTARY, LOCATED AT 4100 PRAIRIE AVENUE, AND
WAIVING BY 5/7THS VOTE THE PUBLIC BIDDING AND
APPRAISAL REQUIREMENTS, PURSUANT TO SECTION 82-39 OF
THE CITY CODE, FINDING SAID WAIVER TO BE IN THE BEST
INTEREST OF THE CITY.
WHEREAS, during FY 99, the Mayor's Ad Hoc Committee on Schools and the City
Administration reviewed various options relating to the proposed expansion of North Beach
Elementary; and
WHEREAS, the primary issues that were unresolved related to the removal of the tennis
court at the school's northern end and the placement of parking to accommodate the school's faculty
and staff; and
WHEREAS, on September 9, 1999, a community meeting was held at North Beach
Elementary to address these outstanding two issues and the consensus at the meeting was to replace
the tennis courts with a new basketball court; and
WHEREAS, on September 22, 1999, the Mayor and City Commission endorsed the North
Beach expansion plans, including the proposed use of 75 municipal parking spaces; and
WHEREAS, in accordance with North Beach Elementary's expansion plans, Miami-Dade
County Public Schools (MDCPS) is requesting to enter into a long-term lease with the City, for the
use of75 parking spaces; and
WHEREAS, after numerous meetings, and as presented on September 22, 1999, the
Administration has offered to provide parking for the school's faculty and staff at the maximum
discount rate permitted, as follows:
. twenty four (24) dedicated metered parking spaces along 42nd Street at no charge, and
. twenty four (24) dedicated parking spaces in the last row of the surface lot on 42nd Street
at 50% of the monthly rate ($30) during the peak season, and
. twenty seven (27) parking spaces in the 42nd Street parking garage at 50% of the monthly
rate ($30) during the peak season; and
WHEREAS, the proposed discounted rate provides for annual payments to the City of
$9,180 for the 75 spaces; and
WHEREAS, in a further effort to compromise, and based upon MDCPS payment of only
incremental costs in other similar situations, the City's discounted rate will only apply during the six
(6) peak months, during the months of November to April, until such time that increased utilization
in the current non-peak months is evidenced; and
CITY OF MIAMI BEACH
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City of Manager's OIIIee
Telephone (305) 673-7010
Facsimile (305) 673-7782
April 19,2001
Ms. Vivian Villamil
Coordinator II
Miami-Dade County Public Schools
1450 NE, 2nd Avenue, Room 525
Miami, FL 33132
RE: PAmUNG LEASE AGREEMENT FOR NORTH BEACH ELEMENTARY
Dear Ms. Villamil:
Enclosed please find two (2) fully executed copies of the Use Agreement between the City of Miami
Beach and the School Board of Miami-Dade County, for parking for North Beach Elementary, for
your files.
If you have any questions, please do not hesitate to contact me at (305) 673-7010.
Sincerely,
~~
Christina M. Cuervo
Assistant City Manager
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enclosures
c: Raul Aguila, First Assistant City Attorney
Saul Frances, Parking Director
Robert Parcher, City Clerk
WHEREAS, the proposed Lease Agreement provides for the City to notify the School Board
in the event ofa proposed increase in rate and is for a five (5) years, with extension options of five
(5) years each, upon the mutual consent of the parties and subject to an annual review of parking
rates based upon the actual usage realized at the garage and surface lot; and
WHEREAS, while land limitations restrict the availability of options for expansion, the
proposal endorsed by Miami-Dade County Public Schools utilizes existing school property and
remedies parking needs by utilizing City parking adjacent and nearby to the school; and
WHEREAS, the Administration supports this proposal including the provision of discounted
parking rates for MDCPS; and
WHEREAS, pursuant to the provisions of Section 82-36 through 82-40 (the "Shapiro
Ordinance") of the Miami Beach City Code, the lease of any City-owned property for a period of
five years or more, including option periods, is subject to the following conditions:
. a Planning Department analysis
. a public hearing to obtain citizen input
. an advertised public bidding process
. an independent appraisal to determine the fair market or rental value of the property; and
WHEREAS, said Ordinance further provides that except for the public hearing and the
Planning Department analysis, the above referenced conditions may be waived by a 5/7"'" vote of the
City Commission upon a finding that the public interest would be served by waiving such
conditions; and
WHEREAS, waivers will be required for the public bidding process and independent
appraisal for this transaction; and
WHEREAS, a public hearing has been scheduled on this date, and the Planning Department
analysis ofthe proposed Lease Agreement is presented.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission approve a Lease Agreement with the School Board of Miami-Dade County, Florida,
to lease 75 parking spaces adjacent to North Beach Elementary, located at 4100 Prairie Avenue, and
waiving by 5/711" vote the Public Bidding and Appraisal Requirements, pursuant to Section 82-39
of the City Code, finding said waiver to be in the best interest of the City.
PASSED AND ADOPTED this 18th day of October, 2000
A~p~
CITY CLERK
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
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MAYOR
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Date
CITY OF MIAMI BEACH
PLANNING DEPARTMENT
~
To:
From:
Christina M. Cuervo
Assistant City Manager
Jorge G. Gomez ,jd'1-
Planning and Zoning Director
Date:
Subject:
October 10, 2000
Analysis of Proposed Lease of the City Owned Property to be
Used for Parking for North Beach Elementary School
(Ordinance 92-2783)
Pursuant to your request, this memorandum serves to provide an analysis of the lease
of City Owned Property at the following locations:
Metered Parking:
Surface Lot:
Parking Garage:
24 metered parking spaces along 42nd Street.
24 parking spaces in the last row of the surface lot on 42nd Street.
27 parking spaces in the 42nd Street parking garage.
Section 82-38 of the Code of the City of Miami Beach requires that any proposed sale
or lease of city-owned land be analyzed from planning perspective in order that the
City Commission and the public are fully apprised of all conditions relating to the
proposed sale or lease. What follows, herein, are each of the eight criteria prescribed
in said section and a response to each:
1 . Whether or not the proposed use is in keeping with City goals and objectives
and conforms to the City Comprehensive Plan.
The Future Land Use Map of the City's Comprehensive Plan designates the
42nd Street corridor as CD-3 Commercial High Intensity, and the Surface Lot
and Parking Garage sites as p, Parking. The use of the subject areas for parking
would conform to the land use designation contained in the Comprehensive
Plan.
The leasing of the parking spaces to the School Board would also be in
conformance with Policy 2.2 of the Intergovernmental Coordination Element of
the City's Comprehensive Plan, which requires the City to coordinate with the
Miami-Dade Public Schools, and continue to seek, where feasible and mutually
acceptable, to collocate schools with other public facilities to the extent
possible.
1
2. The impact on adjacent property, including the potential positive or negative
impacts such as diminution of open space, increased traffic, noise level or
enhanced property values, improved development patterns and provision of
necessary services. Based on the proposed use of the property, the City shall
determine the potential impact of the project on City utilities and other
infrastructure needs and the magnitude of costs associated with needed
infrastructure improvements. Should it become apparent that further evaluation
of traffic impact is needed, the proponent shall be responsible for obtaining a
traffic impact analysis from a reputable traffic engineer.
The proposed use of the parking spaces by the school should have no impact,
in terms of property value, to the surrounding area, nor should it have a
negative impact on the area vis-a-vis traffic or noise levels.
3. A determination as to whether or not the proposed use is in keeping with a
public purpose and community needs, such as expanding the City's revenue
base, reducing City costs, creating jobs, creating a significant revenue stream
and improving the community's overall quality of life.
The plans for expansion of the North Beach Elementary School facilities entail
the displacement of existing on-site parking at the school. Therefore, the school
seeks to acquire additional parking off-site. By entering into the lease of these
75 parking spaces, the City will help to ensure that the much needed expansion
of the school facilities is undertaken.
4. Determination as to whether or not the development is in keeping with the
surrounding neighborhood, will block views, or create other environmental
intrusions, and evaluation of the design and aesthetic considerations of the
project.
The 75 spaces in question are existing parking spaces, thus having no visual,
physical, or environmental effects on the surrounding area.
5. The impact on adjacent properties, whether or not there is adequate parking,
street, and infrastructure needs.
The proposed use of the parking spaces by the school should not have negative
impact on the current availability of parking for the rest of the surrounding
neighborhood, as there is currently adequate public parking already existing in
the 41 st Street area to meet the present demand for parking from the area.
2
Additionally, it should be noted that the proposal would split the total of 75
spaces into three separate subareas, minimizing the impact on anyone of the
three subareas.
The use of the subject parking space by the school will have no effect on the
City's infrastructure in that the proposed parking use has the same operational
characteristics as prior parking uses.
6. A determination as to whether or not alternatives are available for the proposed
disposition, including assembly of adjacent properties, and whether the project
could be accomplished under a private-ownership assembly.
There are no realistic alternative sites in the 41st Street area which could be
used for parking by the elementary school. The collocation of public facilities,
in this case the use of City parking facilities by the School Board, is encouraged
by policies in Chapter 163, Florida Statutes, and in Rule 9J-5 of the Florida
Administrative Code, and is preferable to requiring the School Board to seek out
other alternatives within the busy 41st Street corridor.
7. Within the constraints of public objectives, the department should examine
financial issues such as job generation, providing housing opportunities, and the
return to the City for its disposition of property.
The proposed use of the spaces by the school would have a public benefit in
terms of generating jobs, perhaps through faculty and staff positions created
within the school by the proposed expansion. The presence of the elementary
school directly benefits the City's schoolchildren, and helps to promote a vital
and viable residential community, where people want to work and live.
8. Such other items as the Planning Department may deem appropriate in analysis
of the proposed disposition.
Planning Staff has concluded that the lease of the subject parking spaces to the
School Board for use by North Beach Elementary School would not have a
negative impact to the City.
cc: Jose Damian, Asset Manager
Saul Frances, Assistant Parking Director
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3
CITY OF MIAMI BEACH
NOTICE OF A PUBLIC HEARING
NOTICE IS HEREBY given that a public hearing will be held by the City Commission of
the City of Miami Beach on Wednesday, October 18, 2000, at 2:00 p.m., in the
Commission Chambers, 3rd Floor, City Hall, 1700 Convention Center Drive, Miami Beach,
Florida, to consider a lease agreement with Miami-Dade County Public Schools for the lease
of 75 Parking Spaces adjacent to North Beach Elementary. located at 4100 Prairie Avenue,
including the proposed waiver of the competitive bidding and appraisal requirements, as
set forth in Section 82-39 of the Miami Beach City Code.
Inquiries may be directed to the City Manager's office at (305) 673-7010.
ALL INTERESTED PARTIES are invited to appear at this meeting, or be represented by
an agent, or to express their views in writing addressed to the City Commission, c/o the
City Clerk, 1700 Convention Center Drive, 1st Floor, City Hall, Miami Beach, Florida 33139.
This meeting may be continued and under such circumstances additional legal notice would
not be provided.
Robert E. Parcher, City Clerk
City of Miami Beach
Pursuant to Section 286.0105, Fla. Stat., the City hereby advises the public that: if a person
decides to appeal any decision made by the City Commission with respect to any matter
considered at its meeting or its hearing, such person must ensure that a verbatim record
of the proceedings is made, which record includes the testimony and evidence upon which
the appeal is to be based. This notice does not constitute consent by the City for the
introduction or admission of otherwise inadmissible or irrelevant evidence, nor does it
authorize challenges or appeals not otherwise allowed by law.
In accordance with the Americans with Disabilities Act of 1990, persons needing special
accommodation to participate in this proceeding should contact the City Clerk's office.
Telephone (305) 673-7411 for assistance; if hearing impaired, telephone the Florida Relay
Service numbers, (800) 955-8771 (TDD) or (800) 955-8770 (VOICE), for assistance.
COMMISSION MEMORANDUM No.l92.-oo
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
http:\\ci.miami-beach.fl.us
TO:
Mayor Neisen O. Kasdin and
Members of the City Commission
DATE: October 18,2000
SUBJECT:
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A RESOLUTION OF THE MAYOR AND CITY COMMISSION
APPROVING A LEASE AGREEMENT WITH THE SCHOOL BOARD OF
MIAMI-DADE COUNTY, FLORIDA, TO LEASE 75 PARKING SPACES
ADJACENT TO NORTH BEACH ELEMENTARY, LOCATED AT 4100
PRAIRIE AVENUE, AND WAIVING BY 5!7THS VOTE THE PUBLIC
BIDDING AND APPRAISAL REQUIREMENTS, PURSUANT TO SECTION
82-39 OF THE CITY CODE, FINDING SAID WAIVER TO BE IN THE
BEST INTEREST OF THE CITY
Jorge M. Gonzalez
City Manager
FROM
ADMINISTRATION RECOMMENDATION
Adopt the resolution.
ANALYSIS
During FY 99, the Mayor's Ad Hoc Committee on Schools and the City Administration reviewed
various options relating to the proposed expansion of North Beach Elementary. The primary issues
that were unresolved related to the removal of the tennis court at the school's northern end and the
placement of parking to accommodate the school's faculty and staff.
On September 9, 1999, a community meeting was held at North Beach Elementary to address these
outstanding two issues. In attendance at this meeting: Mayor Neisen Kasdin; Dr. Michael Krop,
School Board Member; Craig Sturgeon, Region II Superintendent for Miami-Dade County Public
Schools; members of the Administration; North Beach Elementary parents; and community
residents. The consensus at the meeting was to replace the tennis courts with a new basketball
court.
On September 22, 1999, the Mayor and City Commission endorsed the North Beach expansion
plans, including the proposed use of 75 municipal parking spaces. Representatives from
Miami-Dade County Public Schools explained that prior suggestions to build the expansion on top
of the existing parking lot exceed available funding. The option being endorsed by the School
District would contain all school expansion on-site and include the replacement of the tennis court
with a basketball court. Parking for faculty and staff would be provided along 42nd Street (24
spaces), the last row on the City-owned lot across the street (24 spaces) and the 42nd Street Garage
(27 spaces).
AGENDA ITEM
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Commission Memorandum
October 18, 2000
North Beach Elementary
Page 2
In accordance with North Beach Elementary's expansion plans, Miami-Dade County Public Schools
(MDCPS) is requesting to enter into a long-term lease with the City, for the use of75 parking spaces.
After numerous meetings, and as presented on September 22, 1999, the Administration has offered
to provide parking for the school's faculty and staff at the maximum discount rate permitted, as
follows:
. twenty four (24) dedicated metered parking spaces along 42nd Street at no charge, and
. twenty four (24) dedicated parking spaces in the last row of the surface lot on 42nd Street
at 50% ofthe monthly rate ($30) during the peak season, and
. twenty seven (27) parking spaces in the 42nd Street parking garage at 50% ofthe monthly
rate ($30) during the peak season.
The proposed discounted rate provides for annual payments to the City of$9,180 for the 75 spaces.
In a further effort to compromise, and based upon MDCPS payment of only incremental costs in
other similar situations, the City's discounted rate will only apply during the six (6) peak months,
during the months of November to April, until such time that increased utilization in the current
non-peak rnonths is evidenced. The proposed Lease Agreement provides for the City to notify the
School Board in the event of a proposed increase in rate.
The proposed Lease Agreement is for a five (5) years, with extension options of five (5) years each,
upon the mutual consent of the parties and subject to an annual review of parking rates based upon
the actual usage realized at the garage and surface lot.
While land limitations restrict the availability of options for expansion, the proposal endorsed by
Miami-Dade County Public Schools utilizes existing school property and remedies parking needs
by utilizing City parking adjacent and nearby to the school. The Administration supports this
proposal including the provision of discounted parking rates for MDCPS.
City Code:
Pursuant to the provisions of Section 82-36 through 82-40 (the "Shapiro Ordinance"), the lease of
any City-owned property for a period of five years or more, including option periods, is subj ect to
the following conditions:
. a Planning Department analysis
. a public hearing to obtain citizen input
. an advertised public bidding process
. an independent appraisal to determine the fair market or rental value of the property
T:\AGENDA\2000\OCT1800\REGULAR\NBCHELEM.MEM
Commission Memorandum
October 18 . 2000
North Beach Elementary
Page 3
Said Ordinance further provides that except for the public hearing and the Planning Department
analysis, the above referenced conditions may be waived by a 517th' vote of the City Commission
upon a finding that the public interest would be served by waiving such conditions. As such,
waivers will be required for the public bidding process and independent appraisal for this transaction.
A public hearing has been scheduled on this date, and the Planning Department analysis of the
proposed Lease Agreement is attached for City Commission consideration (see Exhibit 1).
It is therefore recommended that the City Commission approve the proposed Lease Agreement and
waive by 517ths vote the public bidding and appraisal requirements, pursuant to Section 82-39 of the
City Code, finding said waiver to be in the best interest of the City.
JMG\~\rar
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attachment
USE AGREEMENT
THIS USE AGREEMENT, made and entered into this- . Ii"-'- day of
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cJL:{]ArdZ- ,200+, by and between THE SCHOOL BOARD OF MIAMI-
DADE COUNTY, FLORIDA, a body corporate and politic ofthe State of Florida (hereinafter
called "LESSEE") and the CITY OF MIAMI BEACH, FLORIDA, a municipal corporation
of the State of Florida (hereinafter called the "LESSOR").
WITNESSETH:
WHEREAS, the citizenry of Miami Beach desire certain improvements to the
North Beach Elementary School site (hereinafter called "SCHOOL") for the enhancement
of their community; and
WHEREAS, LESSEE and LESSOR affirm that the desired improvements will
better serve the community at large; and
WHEREAS, LESSEE can only provide these improvements by displacing the
existing on-site SCHOOL parking, thus requiring LESSEE to seek additional parking within
the jurisdictional limits of LESSOR; and
WHEREAS, LESSOR owns and has under its jurisdiction various suitable parking
facilities, adjacent to and nearby the SCHOOL, capable of being utilized by LESSEE for
parking purposes; and
WHEREAS, LESSOR is desirous of leasing to LESSEE its parking facilities, and
LESSEE is desirous of leasing from LESSOR these facilities; and
WHEREAS, the City of Miami Beach has authorized the lease of said parking
facilities by the adoption of Resolution ~t)CJ(?- ~'1 /:2. 1/ , at its meeting of
tJt!ft)f3Ht... It .2000; and
Page 1 of 12
WHEREAS, the School Board has authorized the lease of said parking facilities in
accordance with Board Item No. J-7, at its meeting of February
14,2001.
NOW THEREFORE, in consideration ofthe mutual covenants hereinafter contained
and other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the parties hereto agree as follows:
I.
PREMISES TO BE LEASED
LESSOR hereby leases to LESSEE and LESSEE hereby leases from LESSOR the
following described facilities, totaling forty-eight (48) parking spaces, hereinafter collectively
called the "DEMISED PREMISES," lying and being in the City of Miami Beach, County of
Miami-Dade, State of Florida, and more particularly described in Exhibit "A," attached
hereto and made a part hereof, to wit:
. Twenty-four (24) dedicated metered parking spaces along 42nd Street
(hereinafter called "METERED PARKING"); and
. Twenty-four (24) dedicated parking spaces in the last row of the surface lot
on 42nd Street, (hereinafter called "SURFACE LOT"); and
II.
TERM
The initial term of this agreement shall be five (5) years commencing on the date
when the DEMISED PREMISES are needed by the LESSEE due to the starting date ofthe
construction for the on-site SCHOOL improvements (hereinafter called the
"COMMENCEMENT DATE"). LESSEE and LESSOR shall confirm the COMMENCEMENT
DATE in writing, and the same shall become a part of this agreement by reference. Said
term may be renewed upon the mutual consent of the LESSEE and LESSOR for an
Page 2 of 12
unlimited number of terms of five (5) years each, upon the same terms and conditions as
provided herein, subject to the provisions set forth under Article IV hereof, provided the
LESSEE gives written notice to the LESSOR of such intent to renew no later than one (1)
year prior to the expiration of the then current term, and the LESSOR agrees in writing.
III.
USE OF PROPERTY
The specific areas of use by the LESSEE shall be limited to the DEMISED
PREMISES as identified in Exhibit "A", or as the same may be amended from time to time
as provided for under Article V of this agreement.
LESSEE shall have full custody, right and use ofthe METERED PARKING from 7:00
a.m. to 7:00 p.m., Monday through Friday, year round. LESSEE shall have full custody,
right and use of the SURFACE LOT from 7:00 a.m. - 7:00 p.m., Monday through Friday,
beginning on the earlier of September 1 or the date that teachers are to report to work, and
ending on the earlier of June 30 or the last date that teachers report for work, but in no
event more than a maximum often (10) months each year, collectively called "LESSEE'S
period of use."
LESSOR shall have full and exclusive control, custody, right and use of the
DEMISED PREMISES at all other times.
LESSOR shall provide LESSEE with decals and erect proper signage in order to
clearly specify and make available the DEMISED PREMISES for LESSEE during
LESSEE'S period of use. All unauthorized vehicles parking in the DEMISED PREMISES
during LESSEE'S period of use, shall be removed by LESSOR.
IV.
CONSIDERATION
Other than as stipulated in Article V, LESSEE does hereby covenant and agree to
Page 3 of 12
pay LESSOR, and LESSOR does hereby covenant and agree to accept from LESSEE, as
full consideration for the use and occupancy of the DEMISED PREMISES, the sum of
FOUR THOUSAND THREE HUNDRED TWENTY DOLLARS ($4,320.00) per year, payable
in twelve (12) equal monthly installments of THREE HUNDRED SIXTY DOLLARS
($360.00). The rental rate has been determined at $30 per parking space per month (50%
of the City adopted monthly parking rate) for the SURFACE LOT parking spaces, for the
period of November 1s, to April 30th. There shall be no charge to the LESSEE for the
METERED PARKING spaces.
Payments shall commence on the COMMENCEMENT DATE, as stipulated under
Article II, herein.
On an annual basis during the term ofthis Agreement, LESSOR may, at LESSOR'S
discretion, conduct a review of parking usage within the SURFACE LOT. In the event
LESSOR determines that LESSEE'S use of the SURFACE LOT prohibits LESSOR from
meeting increased public demand for this parking facility, resulting in a loss of revenue to
LESSOR, LESSOR may require an increase in rent. LESSOR shall notify LESSEE, in
writing, of any such increase in rent, and said increase shall be effective one hundred
eighty (180) days after receipt by LESSEE of LESSOR'S notice. In the event of notification
of a rent increase, LESSEE shall have the right to cancel this agreement by giving
LESSOR at least ninety (90) days written notice prior to the effective date of said
cancellation.
V.
ADDITIONAL PROVISIONS
In the event that LESSOR or LESSEE desire a change in the location of any
particular parking space, the party wishing the modification must seek the written
authorization of the other party. Any relocation must provide for the same total number of
spaces and may not adversely impact on LESSEE'S or LESSOR'S operations. In the
event that a modification reduces or eliminates the number of spaces designated in the
SURFACE LOT, LESSOR shall reduce the rental rate by $30.00 per space for the months
Page 4 of 12
of November to April ($180 annually). In the event that a modification, initiated by
LESSOR, increases the number of spaces in the SURFACE LOT, LESSOR shall not
increase the rental rate to compensate for this revision.
LESSOR, or its designee, and LESSEE, or its designee, shall approve a revised
Exhibit "A" reflecting the adjusted location ofthe DEMISED PREMISES, and the same shall
become a part of this agreement by reference.
If the LESSOR requires the relocation of the DEMISED PREMISES, in whole or in
part, LESSEE may cancel this agreement, in whole or in part, by giving LESSOR thirty (30)
days written notice from receipt of such proposed revision, in which event, the rent shall be
reduced proportionately.
VI.
LIABILITY FOR PERSONAL PROPERTY
LESSOR and LESSEE agree to insure or self insure their respective interests in
personal property to the extent each deems necessary or appropriate and hereby mutually
waive all rights to recovery for loss or damage by any means and waive all rights to
recovery for loss and damage to such property by any cause whatsoever. LESSOR and
LESSEE hereby waive all rights of subrogation against each other under any policy or
policies they may carry on property placed or moved on the DEMISED PREMISES.
VII.
LIABILITY FOR DAMAGE OR INJURY
LESSOR shall not be liable for any damage or injury which may be sustained by
LESSEE or any persons on the DEMISED PREMISES during the LESSEE'S period of use,
other than damage or injury resulting from the negligence or intentional wrongdoing on the
part of LESSOR, its agents, representatives or employees.
LESSEE shall not be liable for any damage or injury which may be sustained by
LESSOR or any persons on the DEMISED PREMISES during LESSOR'S period of use,
Page 5 of 12
other than damage or injury resulting from the negligence or intentional wrongdoing on the
part of LESSEE, its agents, representatives or employees.
VIII.
INDEMNIFICATION
LESSEE does hereby agree to indemnify and hold harmless LESSOR to the extent
of the limitations included within Section 768.28, Florida Statutes, from any and all personal
injury or damage claims, liability, losses and causes of action which may arise solely as a
result of LESSEE'S negligence in its use of the DEMISED PREMISES. However, nothing
herein shall be deemed to indemnify LESSOR for any liability or claim arising out of the
negligence, performance or failure of performance of LESSOR or as a result of the
negligence of any unrelated third party.
LESSOR does hereby agree to indemnify and hold harmless LESSEE to the extent
of the limitations included within Section 768.28, Florida Statutes, from any and all personal
injury or damage claims, liability, losses and causes of action which may arise as a result
of LESSOR'S negligence in its use ofthe DEMISED PREMISES. However, nothing herein
shall be deemed to indemnify LESSEE for any liability or claim arising out of the
negligence, performance or failure of performance of LESSEE or as a result of the
negligence of any unrelated third party.
IX.
UTILITIES
LESSOR shall have the sole responsibility for the payment for all utilities consumed
on the DEMISED PREMISES as well as all connection and installation charges thereof.
X.
MAINTENANCE OF DEMISED PREMISES
LESSOR shall have the sole responsibility for the maintenance of the DEMISED
PREMISES.
Page 6 of 12
XI.
DAMAGE OR DESTRUCTION
In the event the DEMISED PREMISES, collectively or individually, should be
destroyed or so damaged by fire, windstorm or other casualty to the extent that the
DEMISED PREMISES are rendered untenantable or unfit for the purpose of LESSEE (as
solely defined by LESSEE'S Department of Safety, Environment and Hazard
Management), either party may cancel this agreement in whole or in part, by giving written
notice to the other. To the extent that spaces within the SURFACE LOT are impacted and
rendered untenantable, the rent for those spaces will be reduced proportionately effective
as of the date of the casualty. However, if LESSEE fails to exercise the foregoing right of
cancellation within thirty (30) days after the date of such destruction or damage, LESSOR
shall cause the DEMISED PREMISES to be repaired and placed in tenantable condition
as expeditiously as possible, unless alternate parking facilities are provided by LESSOR
as per Article V. Should LESSOR fail to repair and render the DEMISED PREMISES
tenantable within a reasonable time from the date of destruction or damage, then LESSEE
shall have the right to immediately cancel this agreement, in whole or in part, in which event
LESSOR shall reimburse LESSEE for any rental payments made for the unusable spaces
in the SURFACE LOT for the period after the casualty.
XII.
ASSIGNMENT AND SUBLETTING OF PREMISES
LESSEE shall not, at any time during the term of this agreement, sublet in part or
whole the DEMISED PREMISES, or assign this agreement or any portion or part thereof
without the prior written permission of LESSOR.
XIII.
WARRANTIES OF TITLE AND QUIET POSSESSION
Subject to the terms, conditions and covenants of this agreement, LESSOR
covenants that LESSOR is seized of the DEMISED PREMISES in fee simple and has full
right to make this agreement and that LESSEE shall have quiet and peaceable possession
Page 7 of 12
of the DEMISED PREMISES during the term of the agreement without hindrance or
molestation by LESSOR.
XIV.
LESSORS'S RIGHT OF ENTRY
LESSOR, or any of its agents, shall have the right to enter the DEMISED
PREMISES during the period of LESSEE'S use to examine the same or to make such
repairs, additions or alterations as may be deemed necessary for the safety, comfort, or
preservation of said property, provided such activities do not unreasonably interfere with
LESSEE'S ability to utilize the DEMISED PREMISES for the purpose intended.
XV.
CANCELLATION
Other than as stipulated in Articles IV, V, XI, and XXIV, either party shall have the
right to cancel this agreement at any time by giving the other written notice at least one
hundred eighty (180) days prior to the effective date of said cancellation.
XVI.
NOTICE AND GENERAL CONDITIONS
A. All notices or other communications which shall or may be given pursuant to
this agreement shall be in writing and shall be delivered by personal service or by certified
mail addressed to the parties at their respective addresses indicated below or as the same
may be changed in writing from time to time. Such notice shall be deemed given on the
day on which personally served, or if by mail, on the fifth day after being posted or the date
of actual receipt, whichever is earlier.
In the case of notice or communication to LESSOR:
The City of Miami Beach
Attention: City Manager
1700 Convention Center Drive
Miami Beach, Florida 33139
Page 8 of 12
In the case of notice or communication to LESSEE:
The School Board of Miami-Dade County, Florida
clo Superintendent of Schools
School Board Administration Building
1450 N.E. 2 Avenue, Suite 912
Miami, Florida 33132
With a copy to:
Miami-Dade County Public Schools
Governmental Affairs and Land Use Policy and Acquisition
Attention: District Director
1450 N.E. 2 Avenue, Suite 525
Miami, Florida 33132
A. Title and paragraph headings are for convenient reference and not intended
to confer any rights or obligations upon the parties to this agreement.
B. For purposes of the agreement, the Superintendent of Schools shall be the
party designated by the LESSEE to grant or deny all approvals required by the agreement
or to cancel this agreement as provided herein.
XVII.
SURRENDER OF PREMISES
Upon the termination, cancellation or expiration of this agreement or any extension
thereof, LESSEE shall remove from the DEMISED PREMISES any personal property and
shall promptly and peacefully surrender and deliver possession of the DEMISED
PREMISES to the LESSOR.
XVIII.
NON-DISCRIMINATION
LESSOR and LESSEE agree that there will be no discrimination against any person
based upon race, color, sex, religious creed, ancestry, national origin, sexual orientation,
mental or physical disability, in the use of the DEMISED PREMISES and improvements
Page 9 of 12
thereof. It is expressly understood that upon a determination by a court of competent
jurisdiction that discrimination has occurred in the use of the DEMISED PREMISES, this
agreement automatically terminates without any further action on the part of the non-
discriminatory party, effective the date of the Court Order.
XIX.
AMENDMENTS
LESSOR and LESSEE, by mutual agreement, shall have the right, but not the
obligation, to amend this agreement. Such amendments shall be effective only when in
writing and signed by both LESSOR and LESSEE and shall be incorporated as part of this
agreement.
XX.
CONSTRUCTION OF AGREEMENT
This agreement shall be construed and enforced according to the laws of the State
of Florida and the venue for any disputes shall be in Miami-Dade County, Florida.
XXI.
SEVERABILITY
In the event any paragraph, clause or sentence of this agreement or any future
amendment is declared invalid by a court of competent jurisdiction, such paragraph, clause
or sentence shall be stricken from the subject agreement and the balance of the agreement
shall not be affected by the deletion thereof, provided to do so would not render
interpretation of the lease provisions ambiguous or a nullity.
XXII.
COMPLIANCE WITH FEDERAL. STATE AND LOCAL LAWS
Both parties shall comply with all applicable laws, ordinances and codes of Federal,
State and Local Governments, including the Americans with Disabilities Act, as they apply
to this agreement.
Page 10 of 12
XXIII.
WAIVER
No waiver of any provision hereof shall be deemed to have been made unless such
waiver is in writing and signed by LESSOR or LESSEE. The failure of either party to insist
upon strict performance of any of the provisions or conditions of this agreement shall not
be construed as waiving or relinquishing in the future any such covenants or conditions, but
the same shall continue and remain in full force and effect.
XXIV.
DEFAULT PROVISION
LESSOR shall provide LESSEE with written notice of any failure to perform or
comply with the terms and conditions contained herein to be performed by LESSEE. If
LESSEE fails to cure said default within thirty (30) days of receipt of written notice, or does
not provide LESSOR with a written response within thirty (30) days after receiving written
notification, indicating the status ofthe LESSEE'S resolution ofthe violations and providing
for a schedule to correct all deficiencies, LESSOR shall have the right to terminate this
agreement upon ten (10) days additional written notice to LESSEE.
LESSEE shall provide LESSOR with written notice of any failure to perform or
comply with the terms and conditions contained herein to be performed by LESSOR. If
LESSOR fails to cure said default within thirty (30) days of receipt of written notice, or does
not provide LESSEE with a written response within thirty (30) days after receiving written
notification, indicating the status ofthe LESSOR'S resolution ofthe violations and providing
for a schedule to correct all deficiencies, LESSEE shall have the right to terminate this
agreement upon ten (10) days additional written notice to LESSOR.
XXV.
ENTIRE AGREEMENT
This agreement represents the total agreement between the parties.
Page 11 of 12
IN WITNESS WHEREOF, the parties hereto have individually, through their proper
officials, executed this agreement the day and year first hereinabove written.
LESSOR:
THE CITY OF MIAMI BEACH, FLORIDA
ATTEST:
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VGV/lbd Joint Use Agreement - CllY OF MIAMI BEACH (North Beach Elem.)
LESSEE:
THE SCHOOL BOA
COUNTY, FLOR
I-DADE
Page 12 of 12
. .
METERED PARKING
SPACES
(24 SPACES)
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43 STREET
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SURFACE PARKING LOT
(24 SPACES>
LEGEND
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DEMISED PREMISES
~<TOTAL OF 48 PARKING
SPACES)
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