Ord No 34-79-1056ORDINANCE NO,34-79-1056
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 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.
BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI,FLORIDA:
Section 1.That the City Manager be,and heis
hereby authorized to enter intoa Lease Agreement with the
DadeCountyCommunityActionAgency'sHeadStartProgramwith
regard tothe property located at6121 Southwest 68thStreet,
SouthMiami,Florida,fora period ofone (1)year forthe
sum of $7,000.00,copy of which Lease is attached to this
Ordinance.
PASSED and ADOPTED this 4th day of December ,19 79
Attest:
IUuuLj
City Clerk
Passed on First Reading:11-20-79
Passed on Second Reading:12-04-79
APPROVED:
Movedby Mavor Block .
Seconded hy Commissi oner Lantz
YES
Block X
Bowman.X
Gibson,.^._„
Lant\X
Y
McCann A
NO
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LEASE AGREEMENT BETWEEN THE CITY OF
SOUTH MIAMI AND THE DADE COUNTY
COMMUNITY ACTION AGENCY'S HEAD START
PROGRAM FOR THE PROVISION OF SPACE
FOR A HEAD START CLASSROOM
This LEASE AGREEMENT,made and entered into this day
of ,1979,byand between the CITY OF SOUTH MIAMI an
incorporated municipality within Dade County,hereinafter referred to
asthe "LESSOR"and DADE COUNTY,on behalf ofits Community Action
Agency's Head Start Program,a political subdivision of the State of
Florida,hereinafter referred toas the "LESSEE."
WITNESSETH:
WHEREAS,the LESSEE desires to utilize space owned by the
LESSOR,tobe used by the LESSEE during the period commencing
November 15,1979,andterminatingonNovember 14,1980,andthe
LESSOR is willing to lease such space tothe LESSEE,to the extent
thatsuch space isnot required bythe LESSOR andis available;and
NOW,THEREFORE,in consideration ofthepremises,the
parties agree as follows:
I
TERM
The LESSOR hereby leases to the LESSEE,upon the terms and
conditions hereinbelow set forth,approximately 1,750 square feet at
itsfacility,6121 S.W.68thStreet,SouthMiami,Florida.The
LESSEE shall pay tothe LESSOR thesumof $7,000.00 netbytheLESSOR
pursuanttothisAgreementasreimbursementforcustodialandutility
costs incurred bytheLESSOR.Said payment inthe amount of
$7,000.00 shallbedueandpayableatthe commencement ofthis
agreement.Thecost incurred bytheLESSORfor custodial and utility
servicesshallbe prorated ifthe agreement is cancelled.
II
USE
The LESSEE shall have the exclusive use of the space during
the term of this lease during the hours from 7:30 a.m.until 5:30p.m.
fortheperiod Monday through Fridayofeachweek,exclusive of
scheduled school holidays.
The space covered by this Lease Agreement shall be used
exclusively for the purpose of conducting the HEAD START PROGRAM of
the LESSEE and for no other purpose,and shall not be used for any
illegal purpose or in such a manner as to constitute a nuisance.
Ill
MAINTENANCE
Ordinary custodial services,trash removal and utilities,
including air conditioning,if installed in the building,shall be
furnished bythe LESSOR.
The LESSOR 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 by the LESSEE and its agents or employees.
The LESSEE 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 thattort immunity has
been waived by Florida Statutes.
c)Contractual Liability Insurance covering liability
arising out of the terms of this 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 or to the extent and limits of liability that
tort immunity has been waived by Florida Statutes.
IV
INDEMNIFICATION AND HOLD HARMLESS
TheLESSEEagreesto indemnify andholdharmlesstheLESSOR
from andagainstanyandall loss and damage,andanyandall claim,
demands,suits,liabilities and payments arisingoutofthe LESSEE'S
operations under this Agreement,or arising out of the acts or omis
sionsoftheLESSEE'S employees,agentsorpersonsattendingthe
"HeadStartProgram,"totheextentthattortimmunityhasbeen
waived bylawor insurance is carried,whichever is greater.
V
IMPROVEMENTS BY LESSEE
The LESSEE mayuseadjacentgroundsand restroom facilit
ies .
The LESSEE shall make no alteration.
The LESSEE shall comply with all safety regulations and
rules of the LESSOR.
All personalpropertyplacedorinstalledinthespaceby
the LESSEE shallbeatthesoleriskoftheLESSEE,andthe LESSOR
shall notbe liable forthe loss or destruction thereof or any damage
sustained thereto.Allsuchpersonal property ofthe LESSEE shall
remain the property of the LESSEE at the expiration of the termof
this Lease Agreement.
VI
LESSOR'S RIGHT OF ENTRY
TheLESSORor its agents shallhavetherighttoentersaid
space during all hours to examine same and may make any additions,
alterations or repairs as may be deemed necessary for the safety,
comfortoftheLESSEEorforthepreservationofthebuilding.
Thereshallbeno discrimination basedonrace,coloror
national origin practiced by the LESSEE in the use of the demised
premises.
VII
CANCELLATION
This Lease Agreement shall be subject to cancellation by
either party by written notice delivered to the other party speci
fyingthe effective dateofsuch cancellation,which notice shallbe
delivered notlessthan thirty (30)days before the effective dateof
such cancellation.
This Agreement mayberenewablefor additional one (1)year
terms upon the delivery of written notice bythe LESSEE tothe LESSOR
and upon due authorization bythe County Manager being empowered by
the Board of County Commissioners to renew said Agreement by the
authority hereby invested inhim.The LESSOR may cancel the renewal
agreement by written notice delivered tothe LESSEE specifying the
effective date of such cancellation,which notice shall be delivered
notlessthanthirty (30)daysbeforethe effective dateofsuch
cancellation.
IN WITNESS WHEREOF,the LESSOR and the LESSEE have caused
this Agreement tobe executed by their respective proper officers
duly authorized thereunto,theday and year first above written.
CITY OF SOUTH MIAMI
BY:
JACK PRESENT
CITY MANAGER
ATTEST:
CITY CLERK
METROPOLITAN DADE COUNTY,FLORIDA
BY ITS BOARD OF COUNTY COMMISSIONERS
BY:
M.R.STIERHEIM
COUNTY MANAGER
ATTEST:RICHARD P.BRINKER,CLERK
COUNTY COMMISSION
BY:
DEPUTY CLERK