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Absolute TransferMay 17,2001 Mr.Manny Marono Absolute Towing 5890 SW 69th Street South Miami,FL 33143 Dear Mr.Morono: Thepurpose of thisletteristorespondtoyourinquiryregardingthelease term forthe abovereferencedproperty.Perthe memorandum approved by theCity Commission on September 5,2000(Enclosed)"The proposedleaseisforaoneyearperiod,renewableon ayear-to-yearbasis.Renewals would beautomaticunlessdenied by theCitywith ninety days notice." I hope this is helpful. Sincerely, Charles Scurr City Manager LEASE AGREEMENT This Lease Agreement is entered into as of /'////2000,by and between TheCity of South Miami,a municipality of Miami-Dade County,Florida ("Landlord") and Absolute Transfer,a Florida corporation ("Tenant"). Upon the terms and subject tothe conditions hereinafter setforth,Landlord leases to Tenant and Tenant leases from Landlord,the real property described in attached Exhibit "A",which Exhibit Ais incorporated inthisLease Agreement by this reference, together with all existing andfuture improvements andall appurtenances and privileges, all of which is hereinafter referred to as the "Premises." Section 1.Lease Term.The lease term shall be twelve months and shall commence on /#/,/oo ,and terminate on ?/Jc>/&z.. Section 2.Rent.Theannualrentfortheleasetermshallbe $24,000,payable in equal monthly installments of $2,000,each,in advance of thefirstday of each calendar month throughout the lease term.Tenant shallpaythefirst and last month's rent to Landlord atthe time of the parties'execution of this Lease.If thelease term commences onaday other than the firstday of a calendar month,thefirst month's rent shall be adjusted accordingly. Section 3.Use of the Premises.Tenant's use of the Premises shall be in a lawful,careful,safe,and proper manner,and Tenant shall carefully preserve,protect, control and guard the same from damage. Section 4.Taxes and Assessments.Tenant shall pay all real estate taxes and assessments becoming dueandpayablewithrespecttothe Premises during theleaseterm andany extension andalltaxesorother charges imposed during thelease term orany extension with respect toany business conducted onthe Premises by Tenant orany personal property usedbyTenantin connection withthePremises.Taxes,assessments or other charges which Tenant isobligatedtopayorcausetobepaid hereunder andwhich relatetoany fraction of ataxyearatthe commencement or termination of thisLeaseshall be prorated. Section 5.Utilities.Tenantshall promptly payorcausetobepaidall charges incurredforallutilityservicesfurnishedtothePremises,includingwithoutlimitation, telephoneservice,sanitarysewer,water,naturalgas,and electricity.Tenantshallalso payforall maintenance ofall utilities during theleasetermandany extension thereof. Page1 of 8 Section 6.Compliance with Laws.If anylaw,ordinance,order,rule or regulation is passed or enacted byany governmental agency or department having jurisdiction over the Premises or Tenant's use of the same which requires Tenant to modify oralterits operations oruse of the Premises,thisLease shall inno way be affected and Tenant shall,atitssolecostandexpense,promptly comply withsuchlaw, ordinance,order,rule,or regulation. Section 7.Maintenance andRepair.Subject tothe provisions of Section 11, below,relating to destruction of or damage tothe Premises,and Section 12,below, relating to condemnation of thePremises,Tenantshall,atitssolecostand expense,keep and maintain the Premises.Replacement andrepairparts,materials,and equipment used byTenanttofulfillitsobligations hereunder shall be of aquality equivalent tothose initiallyinstalledwithinthePremises.Allrepairandmaintenanceworkshallbedonein accordance withthethen existing federal,state,andlocallaws,regulations and ordinances pertaining thereto.Exceptasotherwise provided inSections 11 and12, below,Landlord shall haveno obligation whatsoever with respect tothe maintenance and repair of the Premises. Section 8.Indemnity and Insurance.Tenant shall indemnify and defend Landlord against,andsaveLandlordharmlessfromanyliability,loss,cost,injury, damage,orother expense thatmayoccurorbeclaimedbyorwithrespecttoany person orpropertyonoraboutthePremisesresultingfromtheuse,misuse,occupancy, possession,orunoccupancy of thePremisesbyTenant,itsagents,employees,licensees, invitees orguests.Except whereanyloss,cost,injuryor damage is the result of Landlord's solefaultorgrossnegligence,Landlordshallnothaveany liability forany loss,cost,injury or damage tothePremises,to Tenant or Tenant's employees,agents, licensees,invitees orguestsortoanyproperty of suchpersons.Exceptassetforthinthis Section 8,Landlord shallnotbe responsible orliableforlossor damage tothe contents of any improvements onthe Premises. Atitssolecostandexpense,Tenantshallobtainand thereafter maintain infull forceandeffect,atall times duringthelease term andany extension thereof,the following insurance with respect tothe Premises: (a)comprehensivepublicliabilityinsurancehavinglimits of notlessthan $1,000,000forbodilyinjuryordeathtooneperson$1,000,000forbodily injuriesordeatharisingout of oneoccurrence;and (b)$1,000,000 for property damage. Page2 of 8 Each insurance policy furnished under this Section 8 shall be issued by a responsible insurance company acceptable to Landlord which company shallbe authorized todo business in Florida,andsuch insurance coverage maybe 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 shallallbe named as insured parties in each such insurance policy,and each policy shall provide for written notice to Landlord at least tendays prior toany cancellation,modification,orlapse thereof.Tenant shall furnish Landlord with memorandum copies of such insurance policies prior tothe commencement of the lease term. Section 9.Alterations and Improvements.Tenant shall have the right to make,atno expense to Landlord,improvements,alternations,or additions (hereinafter collectively referred toas "Alteration")tothe Premises,whether structural or nonstructural,interior or exterior,provided that:(a)no Alteration shallbe 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 shallbe commenced untilTenanthas first obtainedandpaidforallrequired permits and authorizations of all governmental authorities having jurisdiction with respect to such Alteration;(d)any Alteration shallbe made in a good workmanlike manner andin compliance with alllaws,ordinances,regulations,codes,and permits;(e) Tenant shall hold Landlord harmless fromand against any liens and claims for work, labor,or materials supplied tothe Premises atthe direction of Tenant,andinthe event that any such liens or claims shallbefiledforwork,labor or materials supplied tothe Premises atthe direction of Tenant,Tenant shall,at Landlord's option,either escrow an amount equal tothe amount of thelienor claim being filed,or obtain a bond for the protection of Landlord inan amount notlessthanthe 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 10.Signs.Tenant shall have the right to install and operate,atitssole costand expense,anysignorsignsonthe Premises whichshall notbein violation of any law,statute or ordinance,and Tenant shall have the right to remove the same,provided that Tenant must repair any damage tothePremises caused bysuch removal. Section 11.Damage to Premises.If byfireor other casualty the Premises are destroyedordamagedtotheextentthatTenantisdeprived of occupancy oruse of the Premises(meaningsuchdestructioncannotberepairedorrestored within 120days of the occurrence of thefireor other casualty Landlord mayelectto:(a)causethe restoration of the Premises to substantially thesameconditionasexistedbeforesuch damage or destruction;or(b)cancelthisLeaseas of thedate of suchfireor casualty by giving written notice to Tenant notmorethan30daysthereafter.Should Landlord elect to proceed under(a),above,rentshall abate unless Tenant continues to partially occupythe Premises inwhichcaseTenantshallpayallrentonaproratedbasis,untilthe Premises arerestored,equaltoanamountobtainedby multiplying thethenexistingmonthlyrent bya percentage equaltothe fraction which hasasits numerator the amount of square feet Page3 of 8 inthe improvements of the Premises which is incapable of being used forits intended purpose andasits denominator thetotal amount of squarefeetinthe improvements on the premises.If such damage does not deprive Tenant of occupancy or use of the Premises,Landlord shall proceed with due diligence to cause the restoration of the Premises to substantially the same condition as existed before such damage.In such latterevent,rent shall notabate.Tenant shallfully cooperate with Landlord in making available to Landlord forthe purpose of so restoring the Premises all insurance proceeds payable under Section 8asa result of fireor other casualty damage tothe Premises. Section 12.Condemnation.If allor materially all of the Premises are taken in appropriation proceedings orbyright of eminent domainorbythe threat of thesame, thenthis Lease shall terminate as of thedate Tenant is deprived or occupancy thereof, and Tenant's obligations under thisLease,except obligations forrentand other charges herein tobe paid by Tenant uptothedate thereof,shall terminate.For purposes of this Lease,"materially all of the Premises"shallbe considered as having been taken if the portion of the Premises taken,due either totheareasotakenorthe location of the portion taken,would leavethe remaining portion notso taken insufficient to enable Tenant to effectively and economicallyconduct its business at the Premises. If less than materially allthe Premises aretakenin appropriation proceedings or by right of eminent domain orbythe 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.Until such repair and restoration are completed,rentshallbe abated inthe proportion of the number of square feet of improvements onthe Premises of which Tenant is deprived bears to the total square feet of such improvements immediately prior to such taking.Thereafter,if the number of square feet of improvements isless than the total of the same prior tosuch taking,rent shall be reduced inthe proportion to which the number of square feet of improvements existing aftersuch repair and restoration isless than the total of thesame prior to such taking. All damages awarded foranysuchtakingshall belong toandbethe property of Landlord,whether such damages shall be awarded as compensation for diminution in valuetothe leasehold ortothe fee of thePremises,orotherwise,provided,however,that Tenant shall be entitled to any portion of the award made to Tenant for removal and reinstallation of Tenant's fixturesorforthecost of Tenant's immovable fixtures,if any. Section 13.Default.If Tenantfailstopayanyinstallment of rentormakeany otherpaymentrequiredtobemadebyTenantwhenthesameshallbecomedueand payablehereunder,or if Tenantfailstoobserveand perform anyotherprovision, covenant,or condition of thisLeaserequiredunderthisLeasetobeobservedand performed byTenantwithin 15 daysafter Landlord shallhavegivennoticetoTenantof thefailure of Tenanttoobserveandperformthesame,or if Tenantabandonsorvacates Page4 of 8 thePremisesduringthecontinuanceofthisLease,or if Tenantmakes an assignmentfor the benefit of creditors or enters intoa composition agreement with its creditors,or if the interest of Tenant inthePremisesisattached,leviedupon,orseizedbylegal process,or if thisLeaseis assigned in violation of theterms hereof oris terminated by operation of law,them,inanysuch event,immediately oratanytime thereafter,atthe option of Landlord,Landlord shall,asitelects,either:(a)declarethisLeasetobein default,in whicheventthisLeaseshallimmediatelyceaseandterminate,andLandlordmaypossess andenjoythe Premises asthoughthisLeasehadneverbeenmade,withoutprejudice, however,toany and all rights of action when landlord may have against Tenant forrent and other charges payable byTenant hereunder (bothpastdueandfuturerentdue Landlord andpastdueandfuturechargespayablebyTenant),damages,or breach of covenant,inrespecttowhichTenantshallremainandcontinueliablenotwithstanding such termination;or(b)reletthe Premises,oranypart thereof,forsuch term or terms and onsuch conditions,as Landlord deemsappropriateforandon behalf of Tenant,forthe highest rental reasonably attainable inthe judgment of Landlord,which reletting shall not be considered asa surrender or acceptance back of the Premises ora termination of this Lease,and recover from Tenant any deficiency between the amount of rent and all other charges payable to Tenant under thisLeaseandthose amounts obtained fromsuch reletting,plus any expenses incurred by Landlord in connection with suchreletting, including,without limitation,the expenses of any repairs or alterations Landlord deems necessary or appropriate to make in connection withsuch reletting andallsums expended for brokerage commissions and reasonable attorneys'fees,but Landlord shall be under no duty to relet the Premises;or(c)declare the whole amount of therentand other charges which would otherwise have been paid by Tenant over the balance of the lease term tobe immediately due and payable,without prejudice,however,toany and all other rights of action which Landlord may have against Tenant for past duerentand other charges payable by Tenant hereunder,damages or breach of covenant,in respect to which Tenant shall remain and continue liable notwithstanding Landlord's election to proceed under this clause (c). In the event that a bankruptcy or insolvency proceeding isfiledbyor against Tenant,or if a court of competent jurisdiction or other governmental authority approves a petition seekinga reorganization,arrangement,composition of othersimilar relief with respect to Tenant,or appoints atrustee,receiveror liquidator of Tenant or of all,or substantially all,of Tenant's property oraffairs,or assumes custody or control of all,or substantially all,of the property oraffairs of Tenant,Landlord shallhavethe right toelect any of theremediessetforthabove.IfthisLeaseisassumedorassignedtoatrustee, receiver,liquidator,or other court-appointed person orentity without Landlord's prior writtenconsent,thepartiesandtheirrespectivesuccessors(whetherbyoperation of law orotherwiseagreethat,uponsuchanassignmentorassumption,alldefaults of Tenant priortosuchassignmentor assumption mustbecuredorthatadequate assurances that suchdefaultswillbepromptlycuredmustbegivenandthatadequateassurancesoffuture Page5 of 8 performances under this Lease must be provided.Such adequate assurances shall mean that abondshallbe issued infavor of Landlord inthe amount equal toone year's future rent and that amount equal toall existing monetary obligations of Tenant which are in default shall be escrowed with an escrow agent acceptable to Landlord.Additionally,all pastdue monetary obligations of Tenant whichareindefaultshallbepaidtoLandlord within 60days after the assignment or assumption andrentwillbe currently and continually paidonatimelybasiscommencingwiththefirstday of themonthfollowing the 60th day of the assignment and assumption. Section 14.Non-Waiver and Right toCure Defaults.Neither a failure by Landlord to exercise any of itsoptions hereunder,norafailureto enforce its right orseek its remedies uponany default,noran 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 suchright,ortoseeksuchremedywith respect tothat default ortoany priororsubsequentdefault.TheremediesprovidedinthisLeaseshallbecumulativeand shallnotinanywayabridge,modifyorprecludeanyotherrightsor remedies towhich Landlord is entitled,either atlaworinequity. If Tenant failstopaybytheir respective duedatesallrents,charges or other obligationstobepaidbyitpursuanttothetermshereof,orfailstomakenecessary repairstothePremises,orfailstoperformanyotherdutieswhichitisrequiredto performhereunder,thenLandlord,atitsoption,maydosoandtheamount of any expenditureattributabletosuchactionbyLandlord,plusaccruedinterestattherate of eighteen percent (18%)per annum fromthetimeeachsuch expenditure ismadeuntil reimbursed,shall immediately become dueand payable to Landlord and shall be considered additional rent hereunder;butnosuch payment or compliance by Landlord shall constitute a waiver of anysuchfailureby Tenant or affect any right or remedy of Landlord with respect thereto. Section 15.Termination.Either partymay terminate this Agreement without causebygiving written noticenolessthanninety(90)dayspriortothe Effective Date of Termination. Section 16.Entry by Landlord.Landlord shall have the right to enter upon the Premisesatallreasonabletimesforthepurposeofinspectingthesame,andduringthe lastyear of theleaseterm,oranyrenewalorextensionthereof,Landlordmayexhibitthe samefor sale orrent;provided,however,thatLandlordshallnotunreasonablyinterfere with Tenant's use of the Premises. Section 17.Time of the Essence.Time is of the essence inthe performance andobservance of eachandeveryterm,covenantandcondition of thisLeasebyboth Landlord and Tenant. Page6 of 8 Section 18.NoticesandPayment of Rent.Anypayment of rent,notice, exercise of optionorelection,communication,requestorotherdocumentordemand requiredordesiredtobe given toLandlordorTenantshallbeinwriting and shallbe deemedgiven:(a)to Tenant whendeliveredinpersontoan officer of Tenant orwhen depositedintheUnitedStatesmail,first-class,postageprepaid,addressedtoTenantatits addresssetforthbelow.Eitherpartymay,fromtimetotime,changetheaddressatwhich such written notices,exercised of optionsorelections,communications,requests,orother documents or demands aretobemailed,bygivingtheother party written notice of such changed address. IF TO CITY OF SOUTH MIAMI:IF TO TENANT: TheCity of SouthMiami 6130SunsetDrive South Miami,Florida 33143 _____ Section19.GoverningLaw.ThisLeaseshallbesubjecttoandgovernedby thelaws of theState of Floridaeventhoughoneormore of thepartiesmaybeormay become a resident of a different state. Section 20.Assignment.Tenant may not assign or encumber this Lease without the prior written consent of the City of South Miami. Section 21.Amendments.No amendment to this Lease shall be valid or binding unless such amendment isin writing and executed bythe parties hereto. Section 22.Captions.The captions of the several sections of the Lease arenot a part of the context hereof andshallbe ignored in construing this Lease.They are intended only as aids in locating and reading the various provisions hereof. Section 23.Severability of Provisions.The invalidity or unenforceability of any particular provision of thisLeaseshallnotaffectthe other provisions hereof andthis Leaseshallbe construed inall respect as if suchinvalidor unenforceable provision were omitted. Section 24.Approval of Landlord.Nothing inthis Agreement,shallbe construed towaiveorlimitthe City's governmental authority asa municipal corporation andpolitical subdivision of theState of Florida.Whereapprovalorconsent of Landlord isrequiredunderthisAgreement,suchconsentorapprovalshallbedeemedtorefertothe City's consent of approvalasapropertyowner,andsuchconsent of approvalshallbe contractual in nature andshallnotbeinlieu of anyrequired governmental approval of the City. Page7 of 8 IN WITNESS WHEREOF,Landlord and Tenant have executed this Lease Agreement as of thedatefirstsetforthabove. Signed and acknowledged LANDLORD: in the present of: S^L^a/ZL^ ANT:/p STATE OF FLORIDA COUNTY OF MIAMI-DADE /SWORN TO (or affirmed)and subscribed before me by ('sf)A&(*>s ^2)~^Cjj/zjL G-frwho is personally known to me,or ()who produced as identification,this /day of i__r-*Mv CommiMton CC9119W Notary Public *f /fi t?sSs&ii>#*p?^ctt'2001 Print Name:r//9&*#/.(£/?*2c*/? STATE OF FLORIDA ) )SS: COUNTY OF MIAMI-DADE ) SWORN TO(or affirmed)and subscribed before meby //)tywp//T)/frt_fi /Oh ()who is persojiaJly_-knewn to me,or ()who produced as identification,this tyr*)day of %art/-^0T My Commission Expires: Notary Public -Print Name:^2^/(p/fatjf- SU&Maria LOwcta *_Sfr*MyCommto«lonCC0110W mBy &pkes October 02,2001 Page8 of 8 ^r^'T'^V "ik i,; MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday,Sundayand Legal Holidays Miami,Miami-Dade County.Florida. STATE OF FLORIOA COUNTY OF MIAMI-DADE: Beforetheundersignedauthority personaiJy appeared Sookle Williams,whoonoath says that she la the Vice President of Legel Advertising ofthe Mwjml oelly Business Review t/k/a Miami Review,a daily (except Saturday,Sunday andLegalHolidays)newspaper,published atMiamiin Miami- Dade County,Florida;thattheattachedcopyofadvertise ment,being aLegal Advertisement or Notios In the matter ol CITY OF SOUTH MIAMI PUBLIC HEARING 9/5/00 ORD.RELATING TO RIGHTS-OF- WAY,ETC. l»<he ,XXXXXXX Court, was published In said newspaper in the issues of Aug 25,2000 Afiiani further says thatthesaid Miami Dairy Business Reviewisa newspaper published atMiami in saw Miami. Dade County,Florida,andthatthesaid newspaper haa hvretoiof«been continuously published in said Miami-Bade County,Florida,each day (except Saturday,Sunday and Legal Holidays)andhasbean entered as second class mail matter at the post office in Miami in said Miami-Dade Couniyjaeeloa.for a period ofone year next preceding the first publication ofthe attached copyof advertisement;and affian?rurB»S,-saysthatshehas neither paidnor promised anyjjarsotx firm or corporation any discount,rebate,com. mission of refund foathe purposeofsecuring this advertise ment 'orpubiicatlpypi thesaid newap (SEAL) Sookie' /$*V&MARIA I.MESA llfttrpSBWC 885640 EXPIRES:March 4.2C04 ^wnfiP BomfcdThniNotwy Puttie Undmnnw™ CITY OF SOUTH MIAMI NOTICE OF PUBLIC HEARINGS NOTICE IS HEREBYgiventhat the City Commission oftheCity ot South Miami,Floridawin conduct PublicHearingsduringits regular l~" Commission meeting Tuesday.September 5.2000 beginning *t*1 •pm.«im uy uHtiiiHMion'jnftiffflers,biju sunw unw,wr the following described ordinance(s): AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OFTHE CITY OF SOUTH MIAMI,FLORIDA RELATING TO RIGHTS-OF-WAY;ABANDONING A PORTION OF THE RIGHTS-OF-WAY AT S.W.34TH PLACE;PROVIDING FOR ORDINANCES IN CONFLICT;AND PROVIDING ANEFFEC TIVE DATS (1st Reading -August 15.2000) AN ORDINANCE OF THE MAYOR AND CfTY COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIOA RELATING TO CONTRACTS APPROVING A SHORT TERM LEASE AGREE MENT BETWEEN THE CITY OF SOUTH MIAMI AND ABSO LUTE TRANSFER FOR VEHICLE STORAGE ON THE NORTH ERN PORTrON OF 5890 SW 69TH STREET;PROVIDING FOR TERMS AND CONDITIONS:PROVIDINGFOR ORDINANCES IN CONFLICT;SEVERABILITY;ANDAN EFFECTIVE DATE. (1st Reading -August 15.2000) AN ORDINANCE OF THE MAYOR AND CiTY COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA RELATING TO CONTRACTS;APPROVING A LEASE AGREEMENT WITH SPG PHASE ONE.LTD,FOR CONSTRUCTSON AND OPERA-i TION OF A MULTI-USE PARKING GARAGE;PROVIDING FOR TERMS AND CONDITIONS;PROVIDING FOR SEVERABILI TY,ORDINANCES iN CONFLiCT.AND PROVfDNQ ANEF FECTIVEDATE.(1st Reading -February 15,2000)(defenad fromJury18th and August 15th) _Jjajd o0£nancA£$n bja inspected lath*City CtertVabtfleej^tonda^Ed-- day durinb,regular office hours. inquiries odnminQ f>es»*errJii •hdO»b»«f*«t«»tot^Cit#lsB»Bg- er's office at:305^63^338.- ;ALLinterestedparties axe invitedtoattendand will beheard. Rbnetta Taylor,CMC '"CityClerk ' City ofSouth Miami' Pursuant to Florida Statutes286.0105,theCityherebyadvisesthe pub: lib that ifa person decides to appeal any decision made by this Board, Agency or Commission with respect to any matter considered at its meet ingorhearing,heorshe vvill needa record ofthe proceedings,andthattor such purpose,affected person mayneedto ensure that a verbatim record ottheproceedings Is madewhichrecordincludesthetestimonyandevi denceupon which theappealistobebased. 8/25 00-3-78/84512M ORDINANCE NO.17-00-1719 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA,RELATING TO CONTRACTS APPROVING A SHORT TERM LEASE AGREEMENT BETWEEN THE CITY OF SOUTH MIAMI AND ABSOLUTE TRANSFER FOR VEHICLE STORAGEONTHENORTHERNPORTIONOF 5890 SW 69th STREET; PROVIDING FOR TERMS AND CONDITIONS;PROVIDING FOR ORDINANCES IN CONFLICT;SEVERABILITY;AND AN EFFECTIVE DATE. WHEREAS,the City of South Miami issued an advertisement and posted a notice for the short term rental of the northern portion of 5890 SW 69th Street;and WHEREAS,the proposal submitted by Absolute Transfer wasthe most viable and beneficial to the City;and WHEREAS,the terms and conditions of theLease Agreement have been finalized; NOW,THEREFORE,BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA: Section 1.TheLease Agreement between theCityand Absolute Transfer is approved; Section 2.If anysection,clause,sentence,orphrase of this ordinance isforany reasonheld invalid or unconstitutional byacourt of competent jurisdiction,the holding shallnot affect the validity of the remaining portions of this ordinance. Section3.Allordinancesorparts of ordinancesinconflictwiththe provisions of this ordinance are repealed. Additions shownby underlining and deletions shown by overstriking. Section 4.This ordinance shall take effect immediately upon the approval. PASSED AND ADOPTED this_5_dayof September 2000, ATTEST: /yu CITY CLERK jy&w READ AND APPROVED AS TO FORM (<£>.CgaJ'(%/*- CITY ATTORNEY APPROVED: MAYOR 1stReading-8/15/00 2nd Reading-9/5/00 COMMISSION VOTE: Mayor Robaina: Vice Mayor Feliu: Commissioner Russell: Commissioner Bethel: Commissioner Wiscombe: /*#>•—/-<"*f*S6*J &>%ft- Page 2 of Ord,#17-00-1719 Additionsshownby underlining and deletions shownby overstriking. 5-0 Yea Yea Yea Yea Yea TO: FROM: CITY OF SOUTH MIAMI INTER-OFFICE MEMORANDUM MayorandCommission DATE:Sep temb er 5,2000 Charles D.Scurr City Manager SUBJECT:Agenda Item Ordinance First Reading -••• Short Term Rental of Northern Portion of the Old Inspection Station at 5890 SW 69th Street 21 REQUEST AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA,RELATING TO CONTRACTS APPROVING A SHORT TERM LEASE AGREEMENT BETWEEN THE CITY OF SOUTH MIAMI AND ABSOLUTE TRANSFER FOR VEHICLE STORAGE ONTHE NORTHERN PORTION OF 5890 SW 69th STREET;PROVIDING FOR TERMS AND CONDITIONS;PROVIDING FOR ORDINANCES IN CONFLICT;SEVERABILITY;AND AN EFFECTIVE DATE. BACKGROUND &ANALYSIS Theaforementionedproperty,commonlyreferredtoastheOldInspectionStationdueto itsformeruse,hassatmostlyunoccupiedforyears.Aside from itsoccasional use for vehiclestaging(suchasduringtheShopsatSunsetconstructionandmove-inphases), overthepast decade orsothe property has existed with little purpose and virtually no economic benefit totheCity. Inan effort to derive somefinancialbenefitfromthis centrally located property,theCity sought proposals from interested parties forashortterm rental ofthe northern portionof the property.The City placed anadinthe Miami Herald and posted atthe site.The lease wouldbeshortterm(nolongerthan12months)andincludea90daycancellationclause shouldtheCityhaveaneedfortheproperty. The lease will include the northern 2/3 of the property.The portion fronting on 71st Street will continue in it's current form and use. Themosteconomicallyviableandpracticalproposalfromausestandpointhasbeen submittedbyAbsolute of SouthMiami,Inc.The firm will use thelotforavehicle towingoperation.Inadditiontotheannual revenue of $24,000.00 thatthisleasewill generate ($2,000 permonth),theCitywill receive complementary towing services. Theleaseproposedisforaone-yearperiod,renewable ona year-to-year basis.Renewals wouldbeautomaticunlessdeniedbytheCitywithaninety days'notice.ShouldtheCity desirethatthe property be vacated,a ninety-day notice willbegivento Absolute ofSouth Miami,Inc.in order to effect this action. RECOMMENDATION Approvalis recommended.