Ord. No. 15-81-1109u
ORDINANCE NO.
15-81-1109
AN ORDINANCE OF THE CITY OF SOUTH MIAMI,
FLORIDA,AUTHORIZING THE CITY MANAGER TO
ENTER INTO A LEASE AGREEMENT WITH THE
DADE COUNTY COMMUNITY ACTION AGENCY'S
HEAD START PROGRAM WITH REGARD TO THE
PROPERTY LOCATED AT 6121 SOUTHWEST 6 8TH
STREET,SOUTH MIAMI,FLORIDA,FOR A
PERIOD OF ONE (1)YEAR FOR THE SUM OF
$7,700.00,COPY OF WHICH LEASE AGREEMENT
IS ATTACHED TO THIS ORDINANCE.
BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI,FLORIDA:
Section 1.That the City Manager be,and he is
hereby authorized to enter into a Lease Agreement with the
Dade County Community Action Agency's Head Start Program with
regard to the property located at 6121 Southwest 68th Street,
South Miami,Florida,for a period of one (1)year for the sum
of $7,700.00,copy of which Lease Agreement is attached to
this Ordinance.
PASSED and ADOPTED this4thdayof August ,1981.
APPROVED:
&>(Giuu,
City Clerk
Passed on First Reading:
Passed on Second Reading
7/21/81
8/4/81
''Mayor
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LEASE AGREEMENT
THIS LEASE AGREEMENT,made and entered into this
day of ,1981,by and between the
CITY OF SOUTH MIAMI,hereinafter referred to as the "LANDLORD",
and DADE COUNTY,on behalf of its Community Action Agency's
Head Start Program,a political subdivision of the State of
Florida,hereinafter referred to as the "TENANT".
WITNESSETH:
That the Landlord,for and in consideration of the
restrictions and covenants herein contained,hereby leases to
the Tenant,and the Tenant hereby agrees to hire from the
Landlord,the premises described as follows:
Approximately 1,750 square feet of classroom
space at 6121 Southwest 68th Street,South
Miami,Florida.
TO HAVE AND TO HOLD unto the said Tenant for a term
of one (1)year,commencing January 22,1982,and terminating
January 21,1983.
The Tenant shall pay to the Landlord the sum of
$7,700.00 net,pursuant to this Agreement,as reimbursement
for custodial and utility costs incurred by the Landlord.
Said payment in the amount of $7,700.00 shall be due and
payable at the commencement of this Agreement.The cost
incurred by the Landlord for custodial and utility services
shall be prorated if the Agreement is cancelled.
IT IS FURTHER MUTUALLY UNDERSTOOD AND AGREED BY THE
RESPECTIVE PARTIES HERETO:
ARTICLE I
USE OF DEMISED PREMISES
The Tenant shall have the exclusive use of the space
during the term of this Lease during the hours from 7:30 A.M.
until 5:30 P.M.,Monday through Friday of each week,exclusive
of scheduled school holidays.
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The space covered by this Lease Agreement shall be used
exclusively for the purpose of conducting the HEAD START PROGRAM
of the Tenant,and for no other purpose,and shall not be used
for any illegal purpose orin such a manner asto constitute a
nuisance.
ARTICLE II
MAINTENANCE
Ordinary custodial services,trash removal and
utilities,including air conditioning,if installed in the
building,shall be furnished by the Landlord.
The Landlord will be responsible for all maintenance
and repairs,except repairs and maintenance required by the
extraordinary wear and tear or malicious destruction of
property resulting from the occupancy bythe Tenant,and its
agents and employees.
The Tenant shall maintain during the term of this
Agreement:
(a)Workmen's Compensation,as required by Chapter
440,Florida Statutes.
(b)Comprehensive General Liability Insurance to
the extent of limits of liability that tort
immunity has been waived by Florida Statutes.
(c)Contractual Liability Insurance coverning
liability arising out ofthe terms ofthis
Agreement to the extent and limits of
liability that tort immunity has been waived
by Florida Statutes.
(d)Automobile Liability Insurance covering all
owned,non-owned,and hired vehicles used in
connection with work under this Agreement,as
required by Florida Statutes,ortothe extent
and limits of liability thattort immunity has
been waived by Florida Statutes.
ARTICLE III
INDEMNIFICATION AND HOLD HARMLESS
The Tenant does hereby agree to indemnify and save
the Landlord harmless,to the extent of the limitation included
within Florida Statutes,Section 768.28,from any and all
claims,liability,losses and causes of actions whichmay
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arise out of this Lease Agreement,or the Tenant's activities
inthe demised premises.However,nothing in this section shall
indemnify the Landlord for any liability or claim arising
out of the performance or failure of performance required of the
Landlord under this Lease Agreement or from the Landlord's
negligence.
ARTICLE IV
ALTERATIONS BY TENANT
The Tenant may make reasonable non-structural
alterations,additions or improvements in or to the premises
with the written consent of the Landlord.All additions,
fixtures,or improvements (except,but not limited to store and
office furniture,and fixtures which are readily removable
without injury to the premises)shall be,and remain a part of
the premises at the expiration of this Lease.Subject to the
above,any carpeting and removable partitions installed by the
Tenant within the demised premises shall remain the Tenant's
property and may be removed by the Tenant upon the expiration
of the Lease Agreement or any renewal or cancellation thereof.
If alterations require a building permit,the Tenant must
secure a permit from the Department of Community Development
of the City of South Miami.
The Tenant may use adjacent ground and restroom
facilities.
The Tenant shall comply with all safety regulations
and rules of the Landlord.
ARTICLE V
NO LIABILITY FOR PERSONAL PROPERTY
All personalproperty placed or installed in the
space by the Tenant shall be at the sole risk of the Tenant,
and the Landlord shall not be liable for the loss or destruction
thereof or any damage sustained thereto.All such personal
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propertyoftheTenant shall remainthepropertyoftheTenant
atthe expiration ofthetermofthis Lease Agreement.
ARTICLE VI
LANDLORD'S RIGHT OF ENTRY
TheLandlordoritsagentsshallhavetherightto
entersaidspaceduringallhourstoexaminesameandmaymake
any additions,alterationsorrepairsasmaybedeemednecessary
for the safety,comfort,of the Tenant,orforthe preservation
of the building.
There shall be no discrimination based on race,color
ornationaloriginpracticedbytheTenantintheuseofthe
demised premises.
ARTICLE VII
CANCELLATION
The Landlord or the Tenant,through its County Manager
orhis designee,shall havetherighttocancelthisLease
Agreement at any time by giving the other party at least thirty
(30)dayswrittennoticepriortoitseffective date.
ARTICLE VIII
NOTICES
Itisunderstoodandagreedbetweenthepartieshereto
that written notice addressed to Tenant and mailed or delivered to
the Director,General Services Administration,140WestFlagler
Street,Miami,Florida 33130,shall constitute sufficient notice
tothe Tenant,and written notice addressed to Landlord,and
mailed or delivered to the address of Landlord,6130 Sunset
Drive,South Miami,Florida 33143,shall constitute notice to
the Landlord,to comply with the terms of this Lease.Notices
provided herein in this paragraph shall include all notices
requiredinthisLeaseorrequiredby law.
ARTICLE IX
ADDITIONAL PROVISIONS
ThedemisedpremisesaretobeusedbyDadeCounty
Community Action Agency's Head Start Program for the provision
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of space for a Head Start Classroom.
ARTICLE X
WRITTEN AGREEMENT
This Lease contains the entire agreement between the
parties hereto and all previous negotiations leading thereto,
and it may be modified only by resolution approved by the Board
of County Commissioners and the City Commissioners of the City
of South Miami.
IN WITNESS WHEREOF,the Landlord and Tenant have
caused this Lease Agreement tobe executed by their respective
and duly authorized officers the day and year first above written,
Attest:
City Clerk
Attest:
RICHARD P.BRINKER,Clerk
By;_^_
Deputy Clerk
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CITY OF SOUTH MIAMI
By
William E.Godwin,City Manager
(Landlord)
DADE COUNTY,FLORIDA,BY ITS
BOARD OF COUNTY COMMISSIONERS
§£
County Manager
(Tenant)