ORDINANCE 935ORDINANCE NO. 18 -77 -935
AN ORDINANCE; OF TI3E CITY OF SOU'T'H, MIAMI,.
FLORIDA, APPROVING LEASE OF COURTROOM
FACILITIES TO METROPOLITAN DADE COUNTY
FOR A PERIOD OF TWO YEARS COMMENCING
JUNE 1, 1977.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE
CITY OF SOUTH MIAMI, FLORIDA:
Section l_. That proposed lease of courtroom facilities
to Metropolitan Dade County, Florida, for a period of two years
commencing June 1, 1977, copy of which lease is attached hereto,
hereby is approved.
Section 2. That the City Manager and City Clerk hereby
are authorized and instructed to execute said lease on behalf of
the City.
PASSED and ADOPTED this 5th day of April , 1977.
APPROVED:
Mayor
Attest:
city cleat
Passed on Virst; Reading: 3/1.5/77
Passed on Second fteadifi4s 4/5/77
LEASE AGREEMENT
BETWEEN DADE COUNTY AND
CITY OF SOUTH MTAMt, FLORIDA
THIS LFASI; AGREDMZrA. made this day of
1977, by and between DADE COUNTY, a political subdivision of the
State of Florida, herein called the County, rnd the City of
South Miami, a municipal corporation, herein called the City,
'WITNrFSSETli THAT
For and in consideration of the mutual covenants and
undertakings set forth and subject to the - provisions`hereof. the
City leases unto the County and the County hires from the City
those certain, portions of the premises known as City Hall, located
at 6130 Sunset Drive, South Miami in said City, consisting of
approximately 1500 square feet, and described as follows:
1. Municipal Court Room and furnishings
2 -. Judge's Chambers
3. Attorney's 'Room
4. Detention 'Room
5. Space for the collection of.fines'
Being part of the second floor of said City Hall, and
including the use of paved parking areas adjacent to the Ci y Hail,
for a term of two (2) years beginning, on the first day of June, 1977,
at and for a total rental of Thirteen Thousand Five Hundred Dollars
payable in twenty-four equal consecutive montly installments of
F_ve Hut,dred Sixty Two 50/-00 ($562.50) Dollars, the first of such irstallment,<;
going payable on the first day of June, 1971', and each of the remaining
Installments being payable on the same day of each succeeding calendar
month until the total rental shall be paid in full. The parties hereto
further covenant and agree as follows:
The County shall prtmptly pay unto the City the rental
amounts hereinabove set forth.
0
ARTICLE
USE
The County shall use the leased premises for the
operatan of a part of its County court system, Including,
but not limited to, the trial of cases under, the jurisdictiuil of-
said Court, the collection of fines, the temporary detention of
persons awaiting removal afte-- trial, and conferences of the court.
The County can use the demised promi.:.es only Monday through Friday
of each week from approximately 8:30 A.M. to appi.o._imatcly 5 :30 P.M.
and additional hours if needed upon approval of the City Manager..
ARTICLE II
USE BY 'CITY
At all times other than those specified in Article 2,
the demised premises may be used by the City.
ARTICLE ill
MAINTENANCE AND UTILITIES
The City shall provide all custodial and maintenance
services necessar -y for the proper care and upkeep of the leased
premise.:, including the air conditioning, system and further shall
provide all necessary, and customary public utility services, all
without cost`tcr th-- County. The City shall be responsible for
ordinary wear and tear, but the County shall be responsible for
and indemnify the City all loss or damage not the result of usual
and ordinary wear and tear.
ARTICLE IV
USE OF PUBLIC AREAS
The City hereby grants permission unto the County to use
all public areas in the building in which the leased premises are
situat,, including hall, stairways, lavatories, and similar facilities..
+2y
ARTICLE V
DESTRUCTION OF PREMISES
In theevcnt that the demised premises should be destroyed
or so damaged by fire, windstorm or other casualty to the extent that
the demised - premises are rendered untenancable or unfit for the
purpose of the County, either party may cancel this lease by the
giving of written notice. to the other; however, if neither party
shall exercise the foregoing right of cancellation within thirty (30)
days after the date of such destruction or damage, the City shall cause
the building and demised premises to be repaired and placed in good
condition as soon a; practical thereafter. In the event of cancellation
the County shall be 'liable for rents only until the date of such fire,
windstorm or other casualty. In the event of partial destruction, which
shall not render the demised premises wholly untenantable, the rents
shall be proportionately abated in' accordance with the extent to which
the County shall be deprived of use and occupancy. The County shall
not be liable "for any rent during such period of time as the premises
shall be totally untenantable by reason of fire, windstorm or ether
casualty. she entire cost for repairs in the event oftotal or partial
destruction shall be borne by the City, unless caused by negligence or
willful acts of the agents, officers, or servants of the County.
ARTICLE VI
CANCELLATION
This lease shall be cancelled by either party 'hereto upon
giving written notice of cancellation to the other party by certified
mail not less than sixty (60) days prior to the cancellation date. In
the event of cancellation of this lease by either party, rent as
provided herein shall be prorated to date of cancellation and the County
shall not be obligated for the payment of any rent beyond said date.
ARTICLE VII
NOTICES
It is t. derstood and agreed between thu parties hereto that writ-
ten noti_e, add^essed to County and mailed by certified mail or delivered
to ttie Board of County Commissioners, Dade County Courthouse, Miami, Florida,
shall constitute sufficic•t notice to the County, and written notice, •.
addressed to the City and mailed by certified mail or delivered to the City
Manager, City of South Miami,, 6130 Sunset Drive, South Miami, Florida„ shall
constitute sufficient notice to City to comply with the terns of this Lease:.
Notices provided herein in this paragraph shall include all notices required .
in this Lease or required by law.
ARTICLE VIII
INDEMNIFICATION AND HOLD MULNILESS
The County does hereby agree Lo Indemnify and save the City ham,-
less from any and all claims; liability, losses and causes of actions which
may arise out of this Lease Agreement, or the County's activities in the de-
mised premises. The County shall pay all claims end losses of any nature
whatsoever in connection therewith, and shall defend all suits, in the name
of the City when applicable, and shall pay all costs and judgments which
may issue thereon.
IN WITNESS WHEREOF, the County and the City have caused this Lease
to be executed by their respective proper officers duly authorized thereunto,
the day and year :first above- vritten.
ATTEST: CITY OF SOUTH 21=111I
City Clerk
A'T'TEST:
RICO= P. BRIN E f, CLERk
By
Deputy C1etk
4—
By:
tiADE COIN. -.Y, FLORIDA
by ITS 1110.16!' +b Or
11y,
County tLitta of