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HomeMy WebLinkAboutReso 2001-315 RESOLUTION NO. 2001--5lS A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, ADOPTING THE AMENDED LmRARY INTERLOCAL LEASE AGREEMENT WITH MIAMI-DADE COUNTY ATTACHED AS EXHmIT "A"; AUTHORIZING THE CITY MANAGER TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY AND DO ALL THINGS NECESSARY TO EFFECTUATE THE TERMS OF THE AGREEMENT; DIRECTING THE CITY CLERK TO FORWARD SAME TO THE COUNTY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, originally the City of Sunny Isles Beach intended to construct a City Government Center within which it desired to house a library for the citizens of Sunny Isles Beach; and WHEREAS, Miami-Dade County has agreed to submit in conjunction with the City a Library Grant from which the City will receive $300,000 in proceeds for the construction of the interior of the library facility; and WHEREAS, the County upon construction of the library will furnish, supply and equip the library; WHEREAS, the City has changed the location and delayed construction of the City government center but continues to desire to construct a library facility at a location to be determined; NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: 1. The Amended Library Interlocal Lease Agreement attached hereto as Exhibit "A" be, and the same, is hereby approved. 2. The City Manager is hereby authorized to execute that agreement on behalf of the City, to do all things necessary to effectuate the terms of the Agreement. 3. The City Clerk is authorized and directed to forward a certified copy of this resolution together with an executed copy of the lease agreement to the County to be placed on the County Commission agenda for County approval and execution. 4. This Resolution shall become effective upon adoption. PASSED AND ADOPTED this 15th day of March, 2001. Library Interlocal Lease Agreement Res LMD:ch 1 """,'r.'1 ,n."" "'1.' ATTEST: . :~~ ~.--. ~~o- Richard Brown-MoriIla, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY ~" Cny1\ttomey Vote: 6-0 Mayor Samson Vice Mayor Kauffinan Commissioner Iglesias Commissioner Morrow Commissioner Turetsky Library Jnterlocal Lease Agreement Res LMD:ch "I ,""',,,, 1 n......"" ..., I ~~~~~~y ~~:'m~~~~AJ~Ail~~~ V{Yes) V(Yes) V (Yes) V(Yes) ~(Yes) _(No) _(NO) _(NO) _(NO) _(NO) 2 AMENDED LIBRARY INTERLOCAL LEASE AGREEMENT This is a Library Interlocal Lease Agreement by and between the City of Sunny Isles Beach, a municipal corporation of the State of Florida (the "City") and Miami-Dade County, a political subdivision of the State of Florida (the "County"), entered into this _ day of , 2001 (the or this "Lease Agreement"). WITNESSETH WHEREAS, the City, which is part of the Miami-Dade Public Library taxing district, intends to construct a city government center to be located on Sunny Isles Beach Boulevard (the "Government Center"); and WHEREAS, the Mayor and Commission of the City desire to have a library within the City's corporate limits; and WHEREAS, the City desires to fully construct a space for a library within the Government Center provided that the County pay for and provide all other operating costs, including staffing, furnishing, and fully equipping the library. In consideration of mutual covenants contained herein the parties agree as follows: 1. Lease of Library Facility. a. When. and if. the City can provide a facility. the City shall lease to the County, and the County shall lease from the City, with the improvements and equipment more particularly set forth in Section 2(b), below, a space of approximately ten thOl;1Sand (10,000) contiguous square feet within one floor of the Government Center for use as a branch library of the Miami-Dade Public Library System or such other location as may be determined bv the City Manager. In the event that the Government Center is not completed on or before January 1, 2005, this Lease Agreement will be of no further force or effect. b. The City shall, in its sole discretion, determine the location within the Government Center of the library facility. c. The County shall pay one dollar ($1.00) per year for the lease of the premises. d. The term of the lease shall be for a period of twenty (20) years commencing on the first day of the month following receipt by the City of a certificate of occupancy or completion for the Government Center and the library facility, as hereinbelow defined, and ending twenty (20) years from that date. This Lease Agreement is subject to the terms and conditions contained herein, and the parties hereto shall have the right to mutually agree for an extension of this lease on such terms and conditions as are deemed appropriate. An extension of this Lease Agreement shall be made by formal amendment, as more fully set forth in Section 10 below. EXHIBIT A Library Interlocal final , .. .fT"\.",t. 2. Oblie:ations of the City. e. Construction. The City shall construct within its Government Center a space, as further described in this Section, of approximately 10,000 square feet within which the Miami- Dade Public Library System may operate a branch library (the "Library" or the "Library Facility"), subject to the conditions set forth herein. f. Interior. The City agrees to fully build out the Library Facility, and turn over to the County the Library Facility ready for immediate occupancy, as more fully set out in this Section. The City shall: 1. fully partition, and paint the interior of the Library Facility; 2. furnish and install all interior doors; 3. furnish and install a finished ceiling, including all overhead lighting fixtures; 4. furnish and install a full air conditioning system for the Library Facility, and/or provide a full connection for the Library Facility to the Government Center air conditioning system and provide complete air conditioning ducts and vents to the Library Facility. 5. furnish and install all safety devices required by the South Florida Building Code or other applicable laws, rules, or regulations, including but not limited to all fire alarms, sprinkler systems, fire extinguishers, and exit signs; 6. furnish and install wiring and equipment needed by the Library Facility for electric, telephone, and cable service; 7. furnish and install a separate electric and water use meters for the Library Facility; and 8. furnish and install a burglar alarm system at the Library Facility, or if the Government Center is to be equipped with a burglar alarm system. The City shall fully wire and equip the Library Facility for burglar alarm service as it would the rest of the Government Center. The City shall undertake the interior improvements described in this Section only upon submission by the County, in writing, of its design plan for the interior space (the "Interior Design Plan") and upon receipt of the proceeds from the grant set forth in Paragraph 4 hereinbelow. Any and all interior construction undertaken by the City and_described in this Section shall be in strict compliance with the Interior Design Plan. It is expressly understood that any interior construction required for the operation of the Library Facility contained in the Interior Design Plan but not specifically identified in this Section or Section 3(b) below shall be the sole responsibility of the City. All plans submitted by the County shall be approved by the City prior to construction. g. Maintenance. City shall be responsible for structural maintenance, not including painting and repair of interior partitions and walls, or repair and replacement of flooring. The City shall provide and maintain sufficient parking for Library patrons. 3. County's Oblie:ations. a. Design Plan. The County agrees to submit an Interior Design Plan, as described in Section 2(b) above no later than April 7, 2000. The Interior Design Plan shall be full architectural plans and specifications including all of the following: Library Interlocal Final 1 "..n.....L. 2 1. the location and dimensions of all office space within the Library Facility; 2. the location, dimensions, of all interior walls; 3. the location, dimensions, of all interior doors; 4. the location, dimensions, of all flooring; 5. the location, dimension of the ceiling and all ceiling fixtures, including lighting fixtures and air conditioning vents; 6. the location of all telephone, electric, or cable outlets; 7. the location, dimensions of all wall moldings; and 8. the location, dimensions of all safety devices, including sprinklers,_fire extinguishers, exit signs, and alarms; b. Furniture. Supplies & Equipment. The County shall provide all furniture, shelving, books, window treatments, supplies, and equipment, including computer equipment, for the Library Facility, and shall have full discretion in the selection and approval thereof. c. Maintenance. The County shall be responsible for full maintenance and repair of the interior of the Library Facility, including the maintenance and repair of all flooring, wiring, or other interior construction furnished and/or installed by the City under Section 2(b). The County shall be responsible for payment of its electric and water usage, as measured by the separate meters furnished and installed by the City under Section 2(b). The County shall be responsible for the pro-rata share of any other utilities consumed by the County. The County shall be responsible for all custodial and janitorial maintenance of the Library Facility and the bathroom facilities immediately adjacent the Library Facility. The County shall use the janitorial and custodial services secured by the City for the Government Center, provided that the County shall pay the City for the proportional share of the cost of such services as measured by the square footage of the Library Facility relative to that of the entire Government Center. d. Condition of Construction. The obligation on the part of the City to construct the interior facility as per Section 2(b) is subject to the condition that the County has certified, in writing, thirty (30) days prior to commencement of interior construction, that it has budgeted for and/or secured all books to stock the shelves of the library. 4. Library Construction Grant. At such time as the library facility is leased. then. and in that event. the City, in conjunction with the County, shall apply for a grant or extension of a grant similar to that applied for on April 1, 1999 for a Florida Department of State, Division of Library and Information Services Library Construction Grant ("State Construction Grant"), a copy of which is attached hereto as Exhibit "A" and incorporated by reference. The City agrees that the first $300,000 in proceeds from the State Construction Grant shall be used for the purpose of construction of the interior of the Library Facility. In the event the interior construction provided in Section 2(b) herein exceeds $300,000, the City remains responsible for all construction described therein. In the event that the State Construction Grant is awarded to the County instead of the City, for the purposes of constructing the Library Facility described herein, the County shall transfer in accordance with all federal, state, and county laws, ordinances, and regulations, the full amount of the State Construction Grant Proceeds to the City for the expenditure in accordance with this Lease Agreement and the State Construction Grant application. In the event the library grant is not received, the County, at its option, may pay for the construction to be completed by the City, but, Library JnterJocal Final , ).....n.~1. 3 unless such funds are received from the County, this agreement shall become null and void and the parties shall have no further obligation to each other. s. Operation. Miami-Dade County Public Library System will operate the library and will pay the full yearly operating costs. The library will be open six (6) days a week from Monday through Saturday according to the following schedule: Monday, Thursday, Friday and Saturday Tuesday and Wednesday 9:30 a.m. to 6:00 p.m. 12:30 p.m. to 9:00 p.m. The library will be operated in accordance with all rules and regulations of the Miami-Dade Public Library System. The County shall have access free of charge to the Government Center esplanade for Miami- Dade Public Library System programming, subject to availability and ten (10) days written notice to the City. Library patrons may use the Government Center esplanade at all times. 6. Rie:bt to Cancel. The lease of the Library Facility shall automatically renew each year unless notice is given by either party to the other at least ten (10) months in advance of October 1 of the year to be closed by October 1 of that same year. At the conclusion of this Lease, the contents of the Library Facility shall remain the property of the County. In the event the City terminates this Lease Agreement before the original twenty (20) year term expires, it shall provide the County at no additional cost and with no interruption except reasonable time for relocation, a space comparable in size and amenities to the Library Facility and acceptable to the Department Director, and this Lease shall remain in full force and effect. The City shall be responsible for the full cost of such relocation. 7. Indemnification. The County shall indemnify and save harmless the City to the limits allowed under Section 768.28 of the Florida Statutes from any and all claims, liability, losses and causes of action which may arise out of actions of the County in fulfillment of this Lease Agreement to the extent allowable by law. The County shall pay all claims and 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. The County will fully indemnify the City from any willful or negligent act, error or omission of the County, its principals, employees or agents, incidental to the performance of the operation of the library, including but not limited to, any civil rights actions which may arise from the employment of any persons and to the extent of such claim, liability, loss or cause of action the County shall pay all such claims and losses and costs and judgments which may issue thereon as well as all attorney's fees incurred by the City through the appellate level. The City shall indemnify and save harmless the County to the limits allowed under Section 768.28 of the Florida Statutes from any and all claims liability, losses and causes of action which may arise out of the action of the City, its employees, agents, officers and assigns, arising out of Library Jnterlocal final T "A'n.~t.. 4 this Lease Agreement to the extent allowable by law. The City, directly, or through its insurance carrier, shall pay all claims and losses of any nature whatsoever in connection therewith and shall defend all suits, in the name of the County when applicable and shall pay all costs and judgments which may issue thereon. The City shall add the County as an additional insured under its insurance policy for the Government Center, and the County shall be responsible for maintaining its self-insurance. 8 Library Access. It is agreed that the completed Library Facility shall be open to use by all County residents, regardless of residency within the City. 9 Namin~. Upon completion, the Library Facility shall be named the "Miami-Dade Public Library System Sunny Isles Beach Branch." The naming of the Library Facility shall be at the sole discretion of Miami-Dade County, and may be changed at the sole option of the County without formal amendment of this Lease Agreement. 10 Entirety of Lease A~reement. The parties agree that this Lease Agreement and Exhibits hereto set forth the entire agreement between the parties, with respect to the lease of the Library Facility by the County from the City, and in that regard there are no promises or understandings other than those stated in this Lease Agreement. None of the provisions, terms and conditions contained in this Lease may be added to, modified, superseded or otherwise altered, except as may be specifically authorized herein or by written instrument executed by the Board of County Commissioners of Miami-Dade County and the Board of City Commissioners of the City of Sunny Isles Beach. IN WITNESS WHEREOF, the parties hereto have set their hands and affixed their respective seals the day and year first above written CITY OF SUNNY ISLES BEACH, ~rpor:e::e State of Florida Christopher J~SO' City Manager MIAMI-DADE COUNTY, a a political subdivision of the State of Florida A TrEST: ~vL~~~ Richard Brown-Morilla, City Clerk ATTEST: Harvey Ruvin, Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY County Attorney Library Interlocal Final T).,fn.",1.. 5