Ord. No. 03-06-1871LEASE AGREEMENT
This Lease Agreement is entered into as of May 30, 2006, by and between The City of
South Miami, a political subdivision of the state of Florida ( "Landlord ") and South Miami
Children's Clinic, Inc., a Florida not - for -profit corporation ( "Tenant ").
Upon the terms and subject to the conditions hereinafter set forth, Landlord leases to
Tenant and Tenant leases from Landlord, the real property designated in the attached Exhibit
"A" which is located at 6701 SW 58`h Place, South Miami, Florida, 33143, and which has a legal
description as follows: Larkins Townsite PB 2 -105 Lots 10 thru 18 Blk 1 & Lots 1 thru 9 Blk 8
Lot size irregular, together with all existing and future improvements and all appurtenances and
privileges, all of which is hereinafter referred to as the "Premises."
Section 1. Lease Term. The lease term shall be 10 years and shall commence on
June 1, 2006, and terminate on May 31, 2016.
Section 2. Rent. The annual rent for the lease term shall be $1.00, payable in full on
the commencement date and on June 1 of each successive year of the lease. Tenant shall pay the
first month's rent to Landlord at the time of the parties' execution of this Lease.
Section 3. Use of the Premises. Tenant shall exclusively use the Premises to operate
a charitable health care clinic, with an emphasis on pediatric care for the residents within the
geographic areas of South Miami. The Tenant shall operate the health care clinic a minimum of
twenty (20) hours per week. The hours of operation will be standardized and conspicuously
posted to ensure that South Miami residents are aware of the clinics hour's of operations.
Tenant's use shall be in a lawful, careful, safe, and proper manner, and Tenant shall carefully
preserve, protect, control and guard the same from damage. Subject to the Landlord's rights and
as long as no default shall have occurred and is continuing, Tenant shall peaceably and quietly
have, hold, and enjoy each the Property for the applicable term, free of any claim or other action
by Tenant with respect to any matters that arise from and after the lease agreement
commencement date.
Section 4. Taxes and Assessments. Tenant shall pay all real estate taxes and
assessments becoming due and payable with respect to the Premises during the lease term and
any extension and all taxes or other charges imposed during the lease term or any extension with
respect to any business conducted on the Premises by Tenant or any personal property used by
Tenant in connection with the Premises, provided, however, that Landlord acknowledges that
Tenant is a Florida not- for - profit corporation and that Tenant shall be eligible for such property
and other tax exemptions as are granted to other not - for -profit corporations providing health care
services. Taxes, assessments or other charges which Tenant is obligated to pay or cause to be
paid hereunder and which relate to any fraction of a tax year at the commencement or
termination of this Lease shall be prorated. Landlord is entitled to all tax benefits that ordinarily
are available to property owners similar to this property.
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Section 5. Utilities. Tenant shall promptly pay or cause to be paid all charges
incurred for all utility services furnished to the Premises, including without limitation, telephone
service, sanitary sewer, water, natural gas, and electricity. Tenant shall also pay for all
maintenance of all utilities during the lease term and any extension thereof. New services that
are not specifically included herein, must be authorized in writing by the Landlord.
Section 6. Compliance with Laws. If any law, ordinance, order, rule or regulation is
passed or enacted by any governmental agency or department having jurisdiction over the
Premises or Tenant's use of the same which requires Tenant to modify or alter its operations or
use of the Premises, this Lease shall in no way be affected and Tenant shall, at its sole cost and
expense, promptly comply with such law, ordinance, order, rule, or regulation.
Section 7. Maintenance and Repair. Tenant shall, at its sole cost and expense,
within a reasonable time, keep and maintain the Premises and incur all renovation expenses.
Replacement and repair parts, materials, and equipment used by Tenant to fulfill its obligations
hereunder shall be of an equivalent quality to those initially installed within the Premises. When
at all possible, new materials shall be used for all maintenance and repair. All repair and
maintenance work shall be done in accordance with the then existing federal, state, and local
laws, regulations and ordinances pertaining thereto, which includes permit requirements. Copies
of all permits must be provided to the Landlord, immediately upon issuance. Except as
otherwise provided in Sections 12 and 13, below, Landlord shall have no obligation whatsoever
with respect to the maintenance and repair of the Premises.
Section 8. Environmental. Tenant shall not cause or permit any Hazardous Material
to be brought upon, kept or used in or about the Premises by Tenant, its agents, employees,
contractors or invitees, other than such Hazardous Materials as may be necessary or useful to
Tenant's business and will be used, kept and stored in a manner that complies with all laws
regulating any such Hazardous Material so brought upon or used or kept in or about the
Premises. As used in this Lease, the term "Hazardous Material" means any hazardous or toxic
substance, material or waste which is or becomes regulated by any local governmental authority,
the State of Florida, or the United States. Tenant is responsible for the costs of any
environmental testing or remediation work undertaken for this property.
Section 9. Indemnity and Insurance. In addition to the insurance coverage provided,
the Tenant shall hold the City, including its officials, employees and representatives, harmless
and indemnify it against all claims, demands, damages, actions, causes of actions, liability, costs,
expenses, and attorney's fees arising out of, or resulting from, injury to or death of persons, or
damage to or loss of property, arising from the negligent acts, actions, omissions or failures to
act which are not protected under Federal law or the Florida Volunteer Protection Act. Except
where any loss, cost, injury or damage is the result of Landlord's sole fault or gross negligence,
Landlord shall have no liability for any loss, cost, injury or damage to the Premises, to Tenant or
Tenant's employees, agents, licensees, invitees or guests or to any property of such persons.
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At its sole cost and expense, Tenant shall obtain and thereafter maintain in full force and
effect, at all times during the lease term and any extension thereof, the following insurance with
respect to the Premises:
(a) comprehensive public liability insurance having limits of not less than
$1,000,000, for bodily injury or death to one person $2,000,000 for bodily
injuries or death arising out of one occurrence;
(b) $400, 000 for property damage; and
(c) $500, 000 for worker's compensation insurance.
Each insurance policy furnished under this Section 9 shall be issued by a responsible insurance
company acceptable to Landlord. Landlord must be given at least 10 days to review and accept
the proposed insurance company in writing. The insurance company shall be authorized to do
business in Florida, and the insurance coverage may be written under a blanket policy or policies
obtained by Tenant, which policy or policies may include other real estate owned or leased by
Tenant. Landlord shall be named as insured party in each such insurance policy, and each policy
shall provide for written notice to Landlord at least 10 days prior to any cancellation,
modification, or lapse thereof. Tenant shall furnish Landlord with memorandum copies of such
insurance policies prior to the commencement of the lease term.
Section 10. Alterations and Improvements. Tenant shall have the right to make, at no
expense to Landlord, improvements, alterations, or additions (hereinafter collectively referred to
as "Alteration ") to the Premises, whether structural or nonstructural, interior or exterior,
provided that: (a) no Alteration shall be made without the prior written consent of Landlord,
which consent shall not be unreasonably withheld; (b) no Alteration shall reduce or otherwise
impair the value of the Premises; (c) no Alteration shall be commenced until Tenant has first
obtained and paid for all required permits and authorizations of all governmental authorities
having jurisdiction with respect to such Alteration; (d) any Alteration shall be made in a good
workmanlike manner and in compliance with all laws, ordinances, regulations, codes, and
permits; (e) Tenant shall hold Landlord harmless from and against any liens and claims for work,
labor, or materials supplied to the Premises at the direction of Tenant, and in the event that any
such liens or claims shall be filed for work, labor or materials supplied to the Premises at the
direction of Tenant. Tenant shall, at Landlord's option, either escrow an amount equal to the
amount of the lien or claim being filed, or obtain a bond for the protection of Landlord in an
amount not less than the amount of the lien or claim being filed; and (f) any Alteration shall
become and remain the property of Landlord unless Landlord otherwise agrees in writing.
Section 11. Sighs. Tenant shall have the right to install and operate, at its sole cost
and expense, any sign or signs on the Premises which shall not be in violation of any law, statute
or ordinance, and Tenant shall have the right to remove the same, provided that Tenant must
repair any damage to the Premises caused by such removal.
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Section 12. Damage to Premises. If by fire or other casualty the Premises are
destroyed or damaged to the extent that Tenant is deprived of occupancy or use of the Premises
(meaning such destruction cannot be repaired or restored within 120 days of the occurrence of
the fire or other casualty), Landlord may elect to: (a) cause the restoration of the Premises to
substantially the same condition as existed before such damage or destruction; or (b) cancel this
Lease as of the date of such fire or casualty by giving written notice to Tenant not more than 30
days thereafter. Should Landlord elect to proceed under (a) Tenant shall fully cooperate with
Landlord in making available to Landlord for the purpose of so restoring the Premises all
insurance proceeds payable under Section 9 as a result of fire or other casualty damage to the
Premises.
Section 13. Condemnation. If all or materially all of the Premises are taken in
appropriation proceedings or by right of eminent domain or by the threat of the same, then this
Lease shall terminate as of the date Tenant is deprived or occupancy thereof, and Tenant's
obligations under this Lease, except obligations for rent and other charges herein to be paid by
Tenant up to the date thereof, shall terminate. For purposes of this Lease, "materially all of the
Premises" shall be considered as having been taken if the portion of the Premises taken, due
either to the area so taken or the location of the portion taken, would leave the remaining portion
not so taken insufficient to enable Tenant to effectively operate a charitable health care clinic on
the Premises.
If less than materially all the Premises are taken in appropriation proceedings or by right
of eminent domain or by the threat thereof, then this Lease shall not terminate as a result of such
taking, but Landlord shall promptly repair and restore the Premises to substantially the same
condition as existed immediately before such taking. Damages awarded for any such taking
shall belong to and be the property of Landlord, whether such damages shall be awarded as
compensation for diminution in value to the leasehold or to the fee of the Premises, or otherwise,
provided, however, that Tenant shall be entitled to any portion of the award made to Tenant for
removal and reinstallation of Tenant's fixtures or for the cost of Tenant's immovable fixtures, if
any.
Section 14. Default. If Tenant fails to observe and perform any other provision,
covenant, or condition of this Lease required under this Lease to be observed and performed by
Tenant within 30 days after Landlord shall have given notice to Tenant of the failure of Tenant to
observe and perform the same, or if Tenant abandons or vacates the Premises during the
continuance of this Lease, or if Tenant makes any assignment, including an assignment for the
benefit of creditors, or enters into a composition agreement with its creditors, or if the interest of
Tenant in the Premises is attached, levied upon, or seized by legal process, or if this Lease is
assigned in violation of the terms hereof or is terminated by operation of law, then, in any such
event, immediately or at any time thereafter, at the option of Landlord, Landlord may terminate
this Lease.
Section 15. Bankruptcy. In the event that a bankruptcy or insolvency proceeding is filed
by or against Tenant, or if a court of competent jurisdiction or other governmental authority
approves a petition seeking a reorganization, arrangement, composition of other similar relief
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with respect to Tenant, or appoints a trustee, receiver or liquidator of Tenant, or of all, or
substantially all, of Tenant's property or affairs, or assumes custody or control of all, or
substantially all, of the property or affairs of Tenant, Landlord shall have the right to terminate
this Lease.
Section 16. Non - Waiver and Right to Cure Defaults. Neither a failure by Landlord to
exercise any of its options hereunder, nor a failure to enforce its right or seek its remedies upon
any default, nor an acceptance by Landlord of any rent accruing before or after any default, shall
affect or constitute a waiver of Landlord's right to exercise such option, to enforce such right, or
to seek such remedy with respect to that default or to any prior or subsequent default. The
remedies provided in this Lease shall be cumulative and shall not in any way abridge, modify or
preclude any other rights or remedies to which Landlord is entitled, either at law or in equity.
Section 17. Termination. Any violation of the lease agreement terms, in
accordance with the relevant notice requirements, shall constitute grounds for termination. The
parties may mutually agree, in writing, to terminate the lease agreement, at any time. Neither the
termination of the lease pursuant to this section or section 14 shall relieve Tenant of its liabilities
and obligations hereunder, all of which survive any defaults. If a default shall have occurred and
is continuing, and whether or not this Lease shall have been terminated pursuant to this section,
Tenant shall upon Landlord's demand immediately assign, transfer and set over to Landlord all
of Tenant's right, title and interest in this agreement executed by Tenant in connection with
development and use or operation of all Properties (including, without limitation, all right,
title and interest of Tenant with respect to all warranty, performance, service and indemnity
provisions).
Section 18. Prohibited Activities. Tenant shall only use the Leased Property for those
activities contemplated by this Agreement. Tenant represents and warrants that it will not use
the Premises for any unlawful purpose and shall comply with all laws and permitting
requirements applicable now, or in the future, to the operation of the Premises. Tenant shall not
permit any offensive, or dangerous activity, nor any nuisance or other conduct in violation of the
public policy of the City, county or state on the approved premises.
Section 19. Entry by Landlord. Landlord shall have the right to enter upon the Premises
at all reasonable times for the purpose of inspecting the same, and during the last year of the
lease term, or any renewal or extension thereof, Landlord may exhibit the same for sale -or rent;
provided, however, that Landlord shall not unreasonably interfere with Tenant's use of the
Premises. No such entry shall be deemed an eviction of the Tenant.
Section 20. Assignment, Subletting, and Subleases. Tenant shall not assign, sublet,
sublease, mortgage, pledge, nor encumber this lease, or any of its rights obligations hereunder, in
whole or in part, without the prior written approval of the City Commission, which may be
granted upon the sole discretion of the City Commission.
Section 21. Time. Time is of the essence in the performance and observance of each
and every term, covenant and condition of this Lease by both Landlord and Tenant. All notice
requirements shall be calculated based upon calendar days.
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Section 22. Notices. Any notice, communication, request or other document or
demand required or desired to be given to Landlord or Tenant shall be in writing and shall be
deemed given: (a) to Tenant when delivered in person to an officer of Tenant or when deposited
in the United States mail, first- class, postage prepaid, addressed to Tenant at its address set forth
below. Either party may, from time to time, change the address at which such written notices,
exercised of options or elections, communications, requests, or other documents or demands are
to be mailed, by giving the other party written notice of such changed address.
IF TO CITY OF SOUTH MIAMI:
The City of South Miami
6130 Sunset Drive
South Miami, Florida 33143
IF TO TENANT:
D. Wayne Brackin, Chair
South Miami Children's Clinic
6200 SW 73RD ST
South Miami, Florida 33143
Section 23. Governing Law. This Lease shall be subject to and governed by the laws
of the State of Florida even though one or more of the parties may be or may become a resident
of a different state. Proper venue is in Miami -Dade County. The prevailing party is entitled to
reasonable attorney's fees and costs.
Section 24. Amendments. No amendment to this Lease shall be valid or binding
unless such amendment is in writing, agreed, and executed by the parties hereto.
Section 25. Captions. The captions of the several sections of the Lease are not a part
of the context hereof and shall be ignored in construing this Lease. They are intended only as
aids in locating and reading the various provisions hereof.
Section 26. Severability of Provisions. The invalidity or unenforceability of any
particular provision of this Lease shall not affect the other provisions hereof and this Lease shall
be construed in all respect as if such invalid or unenforceable provision were omitted.
Section 27. Construction of this Lease. The parties agree that this Lease Agreement
is a product of all of their efforts, that it expresses their mutual understandings, and that it should
not be interpreted in favor of either party or against either of them.
Section 28. Approval of Landlord. Nothing in this Agreement, shall be construed to
waive or limit the City's governmental authority as a municipal corporation and political
subdivision of the State of Florida. Where approval or consent of Landlord is required under this
Agreement, such consent or approval shall be deemed to refer to the City's consent of approval
as a property owner, and such consent of approval shall be contractual in nature and shall not be
in lieu of any required governmental approval of the City.
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Section 29. Holdover. If a Default shall have occurred and is continuing,
notwithstanding whether the lease is terminated, pursuant to section 14 and 18, Tenant shall,
upon 30 days written notice, surrender to Landlord possession of the premises. Landlord may
enter upon and repossess the premises by such means as are available at law or in equity, and
may remove Tenant and all other personal property, which includes Tenant's equipment and
personalty, alterations and/or modifications. Landlord shall have no liability by reason of such
entry, repossession or removal that is performed in accordance with applicable laws. Upon
Landlord's written demand, Tenant shall return the premises immediately to Landlord, in the
manner and condition required by, and in accordance with this lease. In addition, if Tenant does
not relinquish possession of the property, the Landlord is entitled to seek an injunction before the
appropriate court to obtain all costs Landlord has occurred due the holdover, to be immediately
paid to the Landlord by the Tenant and require the Tenant to immediately exit the premises.
Section 30. Force Majeure. Neither party shall have any liability to the other
hereunder by reason of any delay or failure to perform any obligation or covenant if the delay or
failure to perform is occasioned by force majeure, meaning any act of God, storm, fire, casualty,
unanticipated work stoppage, strike, lockout, labor dispute, civil disturbance, riot, war, national
emergency, act of Government, act of public enemy, or other cause of similar or dissimilar
nature beyond its control.
Section 31. Additional Reporting Requirements. Upon the Landlord's reasonable
request, the Tenant will deliver, or will cause to be delivered to the Landlord:
(i) documents relevant to the financial condition or and, to the extent permitted by
Federal law, detailed reports regarding the charitable health care services
provided to the community.
Section 32. Non - Discriminatory Practices. In the operation of the charitable
health care clinic, Tenant shall not discriminate in any manner based upon race, color, creed,
religion, ancestry, national origin, gender, age, physical /mental handicap, sexual orientation or in
any other manner.
Section 33. Warrant of f Authority, The signatories to this Agreement warrant that they
are duly authorized by action of their respective City commission, board of directors or other
authority to execute this Agreement and to bind the parties to the promises, terms, conditions and
warranties contained in this Agreement.
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IN WITNESS WHEREOF, Landlord and Tenant have executed this Lease Agreement as
of the date first set forth above.
Signed and acknowledged LANDLORD:
Attest
1; YMVA Menendez
o the City: , .
U"4A,
C Y MANAGER
South Miami Children's Clinic, Inc., a Florida not -
for- profit corporation
By: Z( _/(j,
Chairman of the BopTd
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STATE OF FLORIDA )
)SS:
COUNTY OF MIAMI -DADE )
SWORN TO (or affirmed) and subscribed before me by\rw"h( g_ I dtiU�(41kno
is personally known to me, or ( ) who produced as
identification, this day of JU&C , 2006.
Notary Publi
My Commission Expires: t�l ��b l Print ame: � JV n J4 �X° _
STATE OF FLORIDA
COUNTY OF MIAMI -DADE
f,o+ Nkenga Payne
My Commission DD255847
y'"or wo Expires Oot W 05,1007
)SS:
SWORN TO (or affirmed) and subscribed before me by 'D b %- )fty12e- 1369 G/eh, as
Board Chair of South Miami Children's Clinic Inc a Florida not - for -profit corporation, who is
personally known to me.. or who produced as identification,
this day of _� 2006.
My Commission Expires: j/Y106 l
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Mdt4y Public
Print Name: l �fi a
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PRODUCER
ADD Private Risk Management Agency, Inc. (APRM)
13901 Sutton Park Drive South, Bldg C, Suite 360
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY
AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS
CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE
Jacksonville, FL 32224
COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURERS AFFORDING COVERAGE
PRONE• 904 724 -2001 )?Ax. (904) 223 -1155
INSURED
YNSURERA: Century Surety Company
South Miami Children Clinic, Inc.
INSURER➢: The Zenith
6701 SW 58th Place
South Miami, FL 33143
xsUR xc
—
----
INSURERD.
INSURERS..
THEFOLICBS OF INSURANCE LUSTED BELOW HAVE BEEN ISSU SDTO THE INSUREDNAMEDABOVE FORTHEPOLICY PERIODINDICATED, NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OFANYCONTRACT OR OTHERDOCLUENT WITH RESMCTTD WHICH THIS CBRTUICATEMAY REISSUED OR MAY
PERTAIN, THE INSURANCEAPEORDED BY THE POLICIES DESCRBEDHEREIN IS SIBJECTTO ALLTHE TERMS, EXCLUSIONS AND COMMONS OF SUCH POLICIES.
AGG'REGATELRYRTS SHOWN MAY HAVE BEEN REDUCEDBYPAID CLAIMS,
INSR
In
TYPE OF INSURANCE
POTSCYNUMEER
POLICYEFFEGITYE
DATE(MRDDD \VYj
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DATR(AIIIDDWY)
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EACHOCCURRPNCE
$4 ADD nnn
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X CON4IRAC[AL GENERAL I.IAFILi[Y
CLAIMRMADE XlOCCUR
CCP420440
06/01/2006
06/01/2007
FRREDAMAOEWY..n &O
$ E0000
JAFDE7iP (Inv onepenon)
$ 5,000
PERSONAL &ADVINIURY
$1,000,000
GEEBRALAGCREGATE
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DAT
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$1,000,000
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E.L. DISEASEEA EMPLOYEE
$1,000,000
OTHER
DESCRIPTION OF OPERATIONSAOCATIONSNEHICLEUEXCLUS IONS ADDED BY EMDORSEMNTBPECALPROVBIONS
The City of South Miami is noted as Additional Insured - Lessor on the General Liability Policy as respects to leased
premises at 6701 SW 58th Place, South Miami, FL 33143 operated by the named insured as a pediatric free clinic
. ER2.IfliIC'.i�'i- :; ,`t7, �,...,_,x;.�" -��i;' .•Jf�d'r�ISdt�:. ' "' „• ..:•�.. "Mk."e `. fiLz��:.:;:::
The City of South Miami SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED EEFORETEM EXPIRATION
6130 Sunset Drive DATE TIIEREO$TNE 1SEVNG COMPANY WILL ENDEAVORTO MAIL
30 DAYS WRITTEN NOR]CETOTMCERTIFICMHOIAERNA TOTIRLEFT,
South Miami, FL 33143 BUT FAJWRETO DOSO SHALL IRBOSENO OBLICA710NOR LIABILITY
OPANYTVNDVPONTIMOONVANY,1 SAGENTSORREPRE. AT M.
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PRODUCER
A00
13901 Sutton Park Drive South
Suite 360 - Building C
Jacksonville FL 32224 USA
IS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND
ONFERSNO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE
ES NOTAMEND,EXTEND ORALTER THE COVERAGE AFFORDED BY THE
OLICIES BELOW.
COMPANIES AFFORDING COVERAGE
PRONE-(904) 724 -2001 PAX 9D4 724 -7727
cON AAA Century Surety Company
INSURED
South Miami Children Clinic, Inc.
COMPANY
B
6701 SW 58th Place
South Miami, FL 33143
COMPANY ---
C
--- ---'
- --•-
COMPANY
D
THESIS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOT WITHSTANDING ANY R£QUIRBMEN'1', TERM OR CONDrITON OF ANY CONTRACTOR OTHERDOCUMENr WPrHRESP£CTTO WHICHTHIS
CERTMCATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT To ALL THE TERMS,
EXCLUSIUNSAND CONDITIONS OF SUCH POLICES, LEHSTS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO
LTR
TYPEOXVISURANCE
POLICYNUMBER
POLICYLEPECHYB
DATS02"IVIN)
OL/CY E%P,IRAZ70
DATE (MAUDD/YY)
COVERED PROPERTY
L2MITS
A
X PROPERTY
CAUSESOFLOSS
x BASIC .(Contents)
BROAD
CCP420440
6(01!2006
6/01!2007
X
X
BUILDING
PERSONALPROPERTY
BUSMESSINCOAff
vro R Bapws
EXTRA EXYPNSE
400,000
50,000
X SPECIAL •(Building)
BLANKETRUILDM0
EAITIQUAKE
SLANKEr PERRPROP
FLOOD
BLANKBI BLDG & PP
x
Deductible
$ 10,000
90% Coinsuran I
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x
TYPEOFPwCY
ISLAND MARINE
CAUSBSOFLOSS
NAMEDPEIMS
OTHER
CRIME
TYPE OFPOLtCY
HOLLER &MACBBNERY
OTRSR
LOCATION OF PRFN!$ESIDESCRRTLONOF PROPERTV
6701 SW 58th Place, South Miami, FL 33143
SPECNI, CONDDIONSI OTTFECOVERAGES
The City of South Miami is noted as Additional Named Insured as their interest may appear as respects to
leased premises operated by the named insured as a pediatric free clinic
The City of South Miami
SHOULD ANYOr TIMABOVE DESCRIEWPOLICIM BE CANCELLED BEFORE THE
6130 Sunset Drive
EXPIRATION DATETREREOF THE ISSUINGOOLI ANY WILL ENDEAVORTO MAa
South Miami, FL 33143
30DAYSWRITIENNOTBCETOTHE CERTIFICATE HOLDERNAMEDTOTHELEFT,
ELT FAILURE TO MAR. SUCH NOTICE SHALL APPOSE NO OBLIGATION ORLIABRITY
OFANY RIND UPONTHE COMP ,ITS AOETfIBOR RBPRESENTA11M,
0. REP ATN
ORDINANCE NO. 03-06-1871
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO CONTRACTS;
APPROVING A LEASE AGREEMENT BETWEEN THE CITY AND
SOUTH MIAMI PEDIATRIC CLINIC, INC. FOR THE LEASE OF THE
PHASE I BUILDING AT MURRAY PARK LOCATED AT 6701 SW 58`h
PLACE, SOUTH MIAMI, FLORIDA; PROVIDING FOR SEVERABILITY,
ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE.
WHEREAS, the Mayor and City Commission have determined that it is in the best
interest of the City of South Miami to establish a free pediatric clinic for indigent children
residing in South Miami; and
WHEREAS, as part of the Community Redevelopment Agency's 2005 -06 Budget,
funding has been appropriated to convert a portion of the "Mobley" Building adjacent to Murray
Park to accommodate the recreation equipment currently in place in the Phase I Building at
Murray Park; and
WHEREAS, the Mayor and City Commission desire to enter into a ten -year lease
agreement with South Miami Pediatric Clinic, Inc. to operate a free pediatric clinic in the Phase I
Building at Murray Park.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT:
Section 1. The Lease Agreement between the City of South Miami and The South
Miami Children's Clinic, dated January _ 2006, which is annexed to this ordinance, is
approved.
Section 2. The City Manager is authorized to execute the Lease Agreement on behalf
of the City of South Miami.
Section 3. If any section, clause, sentence, or phrase of this ordinance is for any
reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not
affect the validity of the remaining portions of this ordinance.
Section 4. All ordinances or parts of ordinances in conflict with the provisions of this
ordinance are repealed.
Section 5. This ordinance shall take effect immediately upon enactment.
PASSED AND ADOPTED this / `1 day of January 2006.
SIGNATURE PAGE TO FOLLOW
Ordimuice Children's Clinic Lea, e: Page 1 of 2
Ord. 03 -06 -1871
ATTEST: n
Y CLERK �-
READ AND APPROVED AS TO FORM:
,�TORNEY
APPROVED,-
Ia
1st Reading - 1/11/06
2nd Reading- 1/17/06
COMMISSION VOTE:
5 -0
Mayor Russell
Yea
Vice Mayor Palmer:
Yea
Commissioner Wiscombe:
Yea
Commissioner Birts- Cooper:
Yea
Commissioner Sherar:
Yea
CADocuments and Settings\Adcke\My DocumentsMord Documents\ OrdinanceHospi talLeasePhasel.doc
Ordinance Children's Clinic Lease Pa2c 2 of '2
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER - OFFICE MEMORANDUM
To: Honorable Mayor, Vice Mayor &
City Commission
From: Maria V. Davis
City Manager /0
South Miami
b "'
n&bmericaCdy
2001
Date: January 11, 2006
1 Agenda Item # 7
S Authorizing a Lease Agreement with
The South Miami Children's Clinic for
the Phase 1 building at Murray Park
located at 6701 SW 58 Place
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, RELATING TO CONTRACTS; APPROVING A LEASE
AGREEMENT BETWEEN THE CITY AND SOUTH MIAMI PEDIATRIC CLINIC, INC.
FOR THE LEASE OF THE PHASE I BUILDING AT MURRAY PARK LOCATED AT
6701 SW 5e PLACE, SOUTH MIAMI, FLORIDA; PROVIDING FOR SEVERABILITY,
ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE.
BACKGROUND AND ANALYSIS:
During the course of discussions with South Miami Hospital CEO Wayne Brackin
relating to the variety of contributions that the hospital has made to the City over the
past 20 years, the need for a pediatric clinic was identified. This is partly due to the fact
that many of our residents feel that the Rosie Lee Wesley Clinic does not adequately
serve their health care needs. As a result, they commute to the Helen Bentley clinic in
Coconut Grove.
A committee comprised of hospital personnel, health care professionals experienced in
developing and managing free clinics, community leaders and City Administration has
been meeting on a regular basis to develop the framework and guidelines for the clinic.
The clinic will be operated as a not-for-profit, 501C3 corporation. One of the most
important criteria established is to limit service to indigent children residing in the City of
South Miami geographic boundary. If approved by the commission, it is anticipated that
the clinic will be open with a nurse practitioner by the end of May or beginning of June
2006 to begin community outreach activities and facilitate basic health care services.
The goal is to hire a medical director to coordinate physician services by July. This
timeline will coincide with required school and athletic program physicals. Mr. Brackin
successfully engaged the University of Miami and several private donors to fund the
day - today operation of the clinic; however, a proper location to serve the community is
required.
The Phase I building located at Murray Park has been identified as an ideal location. In
order to make room for the pediatric clinic within the Phase I building, an alternate
location had to be found for the recreation equipment that is presently located in the
Phase I building. As you are all aware, the 2005 -06 Community Redevelopment
Agency (CRA) budget includes funding for the total renovation of the "Mobley" Building
located adjacent to Murray Park. The CRA Board approved the proposed floor plan of
the Mobley Building, which included a bay for a recreation room. It is our intent to
relocate the existing recreation equipment from the Phase I building to one of the bays
within the Mobley Building, as was discussed during budget proceedings. This will
become the new "Recreation Room" where children will be able to enjoy pool, ping
pong, air hockey, foosball and other table games under the supervision of Recreation
Division staff. The open floor plan of the space in the Mobley Building provides a more
suitable layout for this equipment as well as improved supervision by having all of the
equipment in one room.
The attached lease agreement has been drafted to provide for a children's pediatric
clinic within the Phase I building at Murray Park. The facility will be operated by South
Miami Pediatric Clinic, Inc. through funding provided by the hospital, the University of
Miami and private donors. There is absolutely no cost to the City.
Under the terms of the Lease Agreement, South Miami Pediatric Clinic, Inc. will be
responsible for the renovation, maintenance and upkeep of the building, including
paying for all utilities.
RECOMMENDATION:
We recommend that the City Manager be authorized to enter into the Lease Agreement
to allow South Miami Pediatric Clinic, Inc. to lease the Phase I building at Murray Park
for a period of 10 years.