Ord. No. 09-80-1068ORDINANCE NO.9-80-1068
AN ORDINANCE OF THE CITY OF SOUTH MIAMI,FLORIDA,
AUTHORIZINGTHECITYMANAGERTOENTERINTOALEASE
AGREEMENTWITHTHEDADECOUNTYCOMMUNITYACTION
AGENCY'SHEADSTARTPROGRAMWITHREGARDTOTHE
PROPERTY LOCATED AT 6121 SOUTHWEST 68TH STREET,
SOUTH MIAMI,FLORIDA,FOR A PERIOD OF ONE (1)
YEAR FOR THE SUM OF $7,000.00,COPY OF WHICH
LEASE IS ATTACHED TO THIS ORDINANCE;REPEALING
ORDINANCE NO.34-79-1056 IN CONFLICT HEREWITH.
BEITORDAINEDBYTHEMAYORANDTHECITYCOMMISSIONOFTHE
CITY OFSOUTH MIAMI,FLORIDA:
Section 1.That the City Manager be,andhe is hereby
authorized to enter into a Lease Agreement with the Dade County Community
Action Agency's Head Start Program with regard to property located at
6121 Southwest 68th Street,South Miami,Florida,for a period of one (1)
year for the sum of $7,000.00,copy of which Lease is attached to this
Ordinance;repealing Ordinance No.34-79-1056 in conflict herewith.
PASSED and ADOPTED this 4thdayof March ,1980,
//---_Attest:--'-r
-ex
CityClerk
Passed on First Reading:2/18/80
PassedonSecond Readinq:3/04/80
APPROVED:
Mayor Block
fo edby _—
•e onded hy Cnmrn.Gibson
YES
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Bo man.
Cibson
L.ntz
Porter
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LEASE AGREEMENT
THIS LEASE AGREEMENT,made on the <&&day of
''/&^<A/,1980,by and between THE CITY OF SOUTH
MIAMI,hereinafter called the "LANDLORD",and DADE COUNTY,a
political subdivision of the State of Florida,hereinafter
called the "TENANT",
W ITNESSETH:
That the LANDLORD,for and in consideration of
t!ie restrictions and covenants herein contained,hereby
losses to the TENANT,and the TENANT hereby agrees to hire
from the LANDLORD,the premises described as follows:
atP6?PvTSly*«iZ52.8quare feet of classroom spaceat6121S.W.68th Street,South Miami.
TO HAVE AND TO HOLD unto the said TENANT for a
'•«••••»of one (1)year,commencing January 21,1980 and term
inating January 20,1981.The TENANT shall pay to the
LANDLORD the sum of $7,000.00 net,pursuant to this Agree
ment as reimbursement for custodial and utility costs
incurred by the LANDLORD.Said payment in the amount of
v.",000.00 shall be due and payable at the commencement of
'nis 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
•i'l!!-RESPECTIVE PARTIES HERETO:
ARTICLE I
USE OF DEMISED PREMISES
The TENANT shall have the exclusive use of the
»r;..'e during the term of this Lease during the hours from
.••30 A.M.until 5:30 P.M.Monday throught Friday of each
we^lv,exclusive of scheduled school holidays.
The space covered by this Lease Agreement shall
*•••"sod exclusively for the purpose of conducting the HEAD
•STAR?PROGRAM of the TENANT and for no other purpose,and
=••»!•••11 not be used for any illegal purpose or in such a
-inner as to 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 main
tenance and repairs,except repairs and maintenance required
by the extraordinary wear and tear or malicious destruction
01 property resulting from the occupancy by the TENANT and
Us agents or employees.
The TENANT shall maintain during the term of this
Agreement:
a)Workmen's Compensation as required by Chapter
'HiO,Florida Statutes.
b)Comprehensive General Liability Insurance to
the extent of limits of liability thattort
immunity has been waived by Florida Statutes.
c)Contractual Liability Insurance covering
liability arising out of the terms of this
Aereemnt to the extent and limits of lia
bility thattort immunity has been waived
byFlorida Statutes.
<i)Automobile Liability Insurance covering all
owned,non-owned,and hired vehicles used in
connection withwork under this Agreemnt as
required by Florida Statutes or to the extent
and limits of liability that tort immunity has
been waived by Florida Statutes.
ARTICLE III
INDEMNIFICATION AND HOLD HARMLESS
The TENANT does hereby agree to indemnify and save
••»...-LANDLORD harmless,to the extent of the limitation
Ieluded within Florida Statutes,Section 768.28 from any aM
'11 ••lalms,liability,losses *nd causes of actions which may
•'•':•••out of this Lease Agreement,or the TENANT'S activities
'>'I,,demised promi.„:however,nothing in this section
Hhan indemnify the LANDLORD for any liability or claim arising
•'«•"1 the performance or failure of performance required of
the LANDLORD under this Lease Agreement or from the LANDLORD',
ner.l j£once.
-2-
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,orimprovements (except butnotlimitedtostore
and office furniture and fixtures which are readily remov
able without injurytothe premises)shall beandremaina
part of the premises at the expiration of this Lease.Sub
ject 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,
r.ho 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
NOLIABILITYFORPERSONALPROPERTY
All personalproperty placed or installed in the
spae*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 property of the TENANT shall remain the
property of the TENANT at the expiration of the term of
thisLeaseAgreement.
ARTICLE VI
LANDLORD'S RIGHTOFENTRY
The LANDLORD or its agents shall have the right
to P^ter said space during all hours to examine same and
may make any additions,alterations or repairs as may be
de-.wd necessary for the safety,comfort of the LESSEE or
for ♦•he preservation of the building.
There shall be no discrimination based on race,
';''cr "ational origin practiced by the TENANT in the use
.•:*"he demised premise.*.
-3-
ARTICLE VII
OPTION TO RENEW
Provided this Lease is not otherwise in default,
:he TENANT is hereby granted the option to extend this
L-^ase forone additional one(1)year renewal period upon
thi same terms and conditions,except as hereinafter
provided,by giving the ^LANDLORD noticein writing atleast
thirty(30)dayspriortothe expiration ofthis Le^se or
ajjv extension thereof.
ARTICLE VIII
CANCELLATION
The LANDLORD ortheTENANT,through its County
V/ji\:t£.ev orhis designee,shall have the right to cancel this
I,-.-:so Agreement at any time by giving the other party at
lea-M.thirty(30)days written noticepriortoits effective
date.
ARTICLE IX
NOTICES
Itis understood and agreed between the parties
h":vto that written notice addressed to TENANT and mailed
r liolivered tothe Director,GeneralServicesAdministration,
.-0 W.FlaglerStreet,Miami,Florida 33130,shallconstitute
sufficient notice totheTENANT,and written notice addressed
•<•LANDLORD,and mailed or delivered to the address of the
:a;jp:.0RD,6130 Sunset Drive,South Miami,Florida 331*43,
.-hi!constitutenoticetothe LANDLORD,tocomplywiththe
:<»:•:::$uf thisLease.Notices provided herein inthis nara-
/mpn whall include all notices required inthis Lease or
:"*ju.ived by Law.
ARTICLE X
ADDITIONAL PROVISIONS
The demised premises are to be used by Dade County
::.::.mi ty Action Agency's Head Start Program for the provision
.>--ict1 for n Head Start classroom.
-U-
L.
ARTICLE XI
WRITTEN AGREEMENT
This Lease contains the entire agreement between
•h<parties hereto and all previous negotiations leading
hereto,and it may be modified only by resolution approved
by the Board of County Commissioners and the City Commissioners
wf theCitycfSouthMiami.
IN WITNESS WHEREOF,the LANDLORD and TENANT have
c used this Lease Agreement to be executed by their respective
jr.d duly authorized officers the day and year first above
writ ten.
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rFICTAL SEAL^Pl^TY/1
'HARD P.BRINKER,CLERK
-:J2^C^?<-~£^
puty Clerk
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CITY OF/S
ENT,CITY MANAGER
LANDLORD)
DADE COUNTY,FLORIDA
BY ITS BOARD OF
COUNTY COMMISSIONERS
By:CU-l30dlA.
j-County Manager (TENANT)
MAY 141980
Agenda Item No.5 (e)(4)
4-15-80
RESOLUTION NO.R-5Qg-80
RESOLUTION AUTHORIZING EXECUTION OF
RETROACTIVE LEASE AGREEMENT AT 6121 S.W.68TH
STREET,SOUTH MIAMI,WITH CITY OF SOUTH MIAMI,
FOR PREMISES TO BE USED BY THE COMMUNITY ACTION
AGENCY FOR ITS HEAD START CENTER;AND
AUTHORIZING COUNTY MANAGER TO EXERCISE RENEWAL
AND CANCELLATION PROVISIONS CONTAINED THEREIN
WHEREAS,this Board desires to accomplish the purposes
outlined inthe accompanying memorandum,a copy ofwhichis
incorporated herein by reference,
NOW,THEREFORE,BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF DADE COUNTY,FLORIDA,that this Board approves the
retroactive lease agreement between Dade County andthe City of
SouthMiami,for premises tobeusedbythe Community Action Agency
foritsHead Start Center,in substantially theformattached
heretoandmadeaparthereof;authorizes theCountyManagerto
execute same forandon behalf of Dade County;andto exercise the
renewal and cancellation provisions contained therein.
The foregoing resolution was offered by Commissioner
Ruth Shac&/who moved its adoption.The
motion was seconded by Commissioner Beverly B.Phillips ,
anduponbeingputto a vote,thevotewasasfollows;
Barbara M.Carey Aye
Clara Oesterle Absent
William G.Oliver Absent
Beverly B.Phillips Aye
JamesF.Redford,Jr.Aye
HarveyRuvin Aye
Barry D.Schreiber Aye
Ruth Shack Aye
Stephen P.Clark Aye
The Mayor thereupon declared the resolution duly passed
and adopted this15thdayofApril,1980.
DADE COUNTY,FLORIDA
BY ITS BOARD OF
COUNTY COMMISSIONERS
RICHARD P.BRINKER,CLERK
V RflYmOND REED
Approved by County Attorney n~£>fcj |"Vrf ^j*7;
to form and legal sufficiency.^/^CT /Deputy Clerk.
I O 7.07-»7 A
TO
rROM
MEMORANDUM
Agenda Item No.5 (e)(4)
Honora^e
Board,
ror and Members
smmissloners
date April 15>19so
subject Retroactive Lease Agreement
at6121 S.W.68 Street,
SouthMiami,forCommunity
Action Agency asa Head
Start Center
M.F.J«Te-fFieim
Comity Manager
RECOMMENDATION:
The following retroactive Lease has been reviewed by General
Services Administration andis recommended for approval:
USING AGENCY:
USE:
PROPERTY:
OWNER:
TERMS:
EFFECTIVE DATES:
RENEWAL OPTION:
CANCELLATION PROVISION
FORMER LEASE:
FUNDING SOURCE:
Community Action Agency
Head Start Center
1750 square feet of space located
inthe City of South Miami facility
at6121 S.W.68Street,South
Miami
City of South Miami
$7,000 annual rental payable at
commencement of this Lease Agreement
as reimbursement for custodial and
utility costs.The cost incurred
by the Lessor for custodial and
utilityservicesshallbe prorated
if the agreement is cancelled
Commences January 21,1980,and
terminates January 20,1981
Option to renew for one(1)
additional oneyear period byTenant
giving written notice to Landlord
Eitherpartymaycancelbygiving
noticetothe other party atleast
thirty(30)dayspriortothe
effective date of cancellation
None
Federal