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HomeMy WebLinkAboutReso 2005-856 RESOLUTION NO. 2005--2L~ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING A LEASE AGREEMENT WITH MIAMI-DADE COUNTY FOR THE LEASE OF PROPERTY LOCATED AT 17200 COLLINS AVENUE FOR A FIRE STATION, IN THE AMOUNT OF ONE DOLLAR ($1.00) PER YEAR, ATTACHED HERETO AS EXHIBIT "A"; PROVIDING THE MAYOR WITH THE AUTHORITY TO EXECUTE THE AGREEMENT; PROVIDING THE CITY MANAGER WITH THE AUTHORITY TO DO ALL THINGS NECESSARY TO EFFECTUATE THE TERMS OF THE AGREEMENT; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Sunny Isles Beach owns property at 17200 Collins Avenue that is capable of being utilized as a fire rescue facility; and WHEREAS, Miami-Dade County Fire Rescue currently provides fire and rescue services to the residents of the City of Sunny Isles Beach and neighboring cities through a satellite facility at that location; and WHEREAS, the facility needs to be expanded to meet the needs of our growing community, and Miami-Dade County has agreed to this expansion; and WHEREAS, Miami-Dade County has submitted a lease agreement for City Commission consideration for the facility located at 17200 Collins Avenue; and WHEREAS, the lease agreement is for a period of ninety-nine (99) years from the date of execution and has an annual rental rate of One Dollar ($1.00), payable upon execution of the Lease Agreement; and WHEREAS, Miami-Dade County will be responsible for the payment of all charges for water, waste, trash and refuse disposal services, electricity, telephone and other utility and communications services required at the facility. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Approval of Lease Agreement. The Lease Agreement with Miami-Dade County for the facility located at 17200 Collins Avenue, attached hereto as Exhibit "A", be, and the same, is hereby approved. Section 2. Authorization of Mayor. The Mayor IS hereby authorized to execute said Agreement. R200S- Fire Station Lease Page 1 of2 Section 3. Authorization of City Manager. The City Manager is hereby authorized to do all things necessary to effectuate the terms of the Agreement. Section 4. Effective Date. This Resolution will become effective upon adoption. ATTEST: , ~A~ Jane A. Hines, City Clerk Moved by: Seconded by: Vote: p,o Mayor Edelcup Vice Mayor Thaler Commissioner Brezin Commissioner Goodman Commissioner Iglesias -1.L.(Yes) v/' (Yes) :;:(Yes) ~Yes) ~(Yes) R200S- Fire Station Lease /" Co Y\'Vl'V\\ (' \ J D NCCL B ~ ~ LJ IV C~ VY'U.. s:. R ) tJ V\J T~ .:t&L~S: I Jtl:S" _(No) _(No) _(NO) _(NO) _(NO) Page 2 of2 FIRE STATION LEASE AGREEMENT THIS AGREEMENT, made on this _ day of , 2005, by and between the CITY OF SUNNY ISLES BEACH, a Florida municipal corporation, hereinafter called the ("LANDLORD") and MIAMI-DADE COUNTY, a political subdivision of the State of Florida, hereinafter called the ("TENANT"). WITNESSETH: WHEREAS, the LANDLORD owns certain property capable of being utilized for a fire rescue facility; and WHEREAS, the Tenant currently provides fire and rescue serVIces to the residents of the City of Sunny Isles Beach and neighboring cities; and WHEREAS, the Tenant desires to utilize LANDLORD'S property to expand its exiting fire rescue facility; and WHEREAS, the City Commission wishes to lease the property described below for the purposes described herein. NOW THEREFORE, in consideration of the sum ofTen and No/100 Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: ARTICLE 1 DESCRIPTION OF LEASED PREMISES The Leased Premises are located at the following address: 17200 Collins Avenue, Sunny Isles Beach, Florida. The Leased Premise is approximately 12,500 square feet. The legal description of the Leased Premise is: Lot 29 South Shore Estates Plat Book 52 page 69. See Attached Exhibit 'A' for more detailed description Page 1 of9 SIB ARTICLE II TERM AND RENTAL The Lease Agreement shall be effective as of the date of execution by the TENANT and LANDLORD. This Lease Agreement shall commence upon execution and shall terminate ninety-nine (99) years from date of execution. The annual rental rate shall be One Dollar ($1.00) payable upon execution of this Lease Agreement. TENANT shall be exempt from payment of any and all assessments or taxes imposed upon the Leased Premises unless mandated by state or federal statutes, or involuntarily imposed upon LANDLORD. ARTICLE III USE OF DEMISED PREMISES TENANT shall use the area of the demised premises for the performance of County business normally conducted by Miami-Dade Fire Rescue Department for the performance of work incidental thereto. ARTICLE IV CONDITION OF PREMISES TENANT hereby accepts the demised premises and acknowledges that they are suitable for usage by TENANT. With the assistance of LANDLORD, TENANT shall have the responsibility to obtain any required zoning reclassification of the premises, in accordance with State, City and/or County requirements and regulations for TENANT'S specific governmental use as a fire-rescue facility. The effectiveness of this Lease Agreement is contingent upon obtaining any such zoning reclassification or approval. TENANT, at the appropriate time, shall make any necessary improvements or Page 2 of9 SIB modifications to the demised premIses, which shall be determined solely by the TENANT. Said improvements or modifications shall be maintained during the term of the Lease or any extension thereof, at the TENANT's sole cost and expense. Notwithstanding the foregoing, LANDLORD shall not be responsible for any regulatory fees imposed by any government entity for the use of the demised premises. ARTICLE V UTILITIES TENANT, during the term hereof, shall pay all charges for water, waste, trash and refuse disposal services, electricity, telephone and other ,utility and communication services used by TENANT. ARTICLE VI CONSTRUCTION AND IMPROVEMENTS BY TENANT TENANT may construct improvements on the demised premises, including a parking lot and/or buildings that TENANT, in its sole discretion, deems necessary for the use of the Miami-Dade Fire Rescue Department. TENANT shall procure, or cause to be procured, without cost to LANDLORD, any and all necessary permits, license or other authorizations required for the lawful and proper construction, installation and maintenance of any such improvements, structures, wires, pipes, conduits, tubes and other equipment and appliances. No construction to erect any improvement on the premises may be undertaken by TENANT without written notice to the LANDLORD. Page 3 of9 S Ii ARTICLE VII MAINTENANCE TENANT agrees to maintain and keep in good repair, condition, and appearance, during the term of this Lease or any extension or renewal thereof, the exterior of any improvements that may be constructed on the demised premises subject to normal wear and tear. TENANT agrees to insure or self insure its interest in the building, fixtures, improvements and all other real and personal property to the extent necessary or appropriate and waives all rights to recover for loss or damage of such property from LANDLORD by any cause whatsoever. ARTICLE VIII DESTRUCTION TO PREMISES In the event that any structures constructed on the demised premises should be destroyed or so damaged by fire, windstorm, or other casualty to the extent that the demised premises are rendered untenantable or unfit for the purpose of the TENANT, either party may cancel this Lease agreement by giving written notice to the other. However, if neither party shall exercise the foregoing right of cancellation within sixty (60) days after the date of such destruction or damage, TENANT shall cause the structure to be repaired and placed in good condition as soon as practical thereafter. ARTICLE IX NO LIABILITY FOR PERSONAL PROPERTY All personal property placed or moved into or on the premises above described shall be at the risk of TENANT or the owner thereof. LANDLORD shall not be liable to Page 4 of9 SIB TEN ANT for any damage to said personal property unless caused by or due to negligence or willful misconduct of LANDLORD, LANDLORD's agents or employees. ARTICLE X ANTENNAS, CABLE AND SIGN ISNT ALLA TIONS TENANT may install antennas, cable lines, and/or satellite dishes as may be necessary for the performance of its work. All installations will be in accordance with laws and regulations of the City of Sunny Isle Beach and state and federal law. Exterior signs must be in accordance with municipal statutes, laws, ordinances and codes. The cost of creating, erecting, installing and removing the signs shall be paid by TENANT. TENANT shall remove all signs at termination of this Lease Agreement and any damage or unsightly condition caused to the premises because of or due to said signs should be satisfactorily corrected or repaired by TENANT. ARTICLE XI LIABILITY FOR DAMAGE OR INJURY TENANT shall be liable for any damages or injury, which may be sustained by any party or person on the demised premises caused solely by the negligence of TENANT, subject to all limitations of Section 768.28, Florida Statutes. ARTICLE XII PEACEFUL POSSESSION Subject to the terms, conditions, and covenants of this Lease Agreement, LANDLORD agrees that TENANT shall and may peaceably have, hold, and enjoy the premises above described, without hindrance or molestations by LANDLORD. Page 5 of9 SIB ARTICLE XIII SURRENDER OF PREMISES TENANT agrees to surrender to LANDLORD at the end of the term of this Lease Agreement, or any extension thereof, said leased premises in as good condition as said premises were at the beginning of the term of this Lease Agreement, ordinary wear and tear and damage by fire and windstorm or other acts of God. ARTI CLE XIV INDEMNIFICA TION AND HOLD HARMLESS TENANT does hereby agree to indemnify and hold harmless the LANDLORD to the extent and within the limitations of Section 768.28, Florida Statutes, against any liability, loss, cost, injury, damage or other expense or risk whatsoever that may occur or be claimed by or with respect to any person(s) or property on or about the Premises and resulting directly or indirectly from the use, misuse, occupancy, possession or disuse of the Premises by TENANT or other persons claiming through or under TENANT, or their respective agents, employees, licensees, invitees, guests or other such persons. ARTICLE XV SUCCESSORS IN INTEREST It is hereby covenanted and agreed between the parties that all covenants, conditions, agreements, and undertakings contained in this Lease Agreement shall extend to and be binding on the respective successors and assigns of the respective parties hereto, the same as if they were in every case named and expressed. This Lease Agreement is not assignable by either party. Page 60f9 SIB ARTICLE XVI OPTION TO RENEW Provided TENANT is not otherwise in default and subject to LANDLORD having no objection, TENANT, through its Fire Chief or his designee, is hereby granted the option to extend this Lease Agreement for an additional period that TENANT may deem necessary, upon the same terms and conditions contained herein, by giving LANDLORD notice in writing at least sixty (60) days prior to the expiration of this Lease Agreement or any extension thereof. ARTICLE XVII CANCELLA TION TENANT, though its Fire Chief or designee, shall have the right to cancel this Lease Agreement at any time by giving LANDLORD at least ninety (90) days' written notice prior to its effective date. In the event TENANT exercises said cancellation right in the initial term of this Lease Agreement, TENANT shall pay LANLORD One dollar ($1.00) for each year remaining in the initial term on the effective date of said cancellation. It is agreed and understood that there shall be no fee payable by TENANT to LANDLORD in the event TENANT exercise its cancellation right during the extension term, if any, of this Lease Agreement. If LANDLORD enters into a contract to sell the demised premises, LANDLORD shall have the right to cancel the Lease Agreement by giving TENANT at least ninety (90) days written notice prior to its effective date; and provided, however, that TENANT shall be paid the fair market value of any improvements or buildings constructed theron. Page 7 of9 SIB ARTICLE XVIII NOTICES It is understood and agreed between the parties hereto that written notice addressed and sent by certified or registered mail, return receipt requested, first class, postage prepaid and addressed as follows: TENANT: Miami-Dade County Fire Rescue Department C/o Facilities and Construction Division 9300 NW 41 Street Miami, Florida 33128 LANDLORD: City Manager/ City Attorney City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 shall constitute sufficient notice to TENANT, and written notice addressed to LANDLORD, and mailed or delivered to the address as stated above, shall constitute sufficient notice to LANDLORD to comply with the terms of this Lease Agreement. Notices provided herein in this paragraph shall include all notices required in this Lease Agreement or required by law. ARTICLE XIX WRITTEN AGREEMENT This Lease Agreement contains the entire agreement between the parties hereto and all previous negotiations leading thereto, and it may be modified only by resolution approved by the Miami-Dade Fire Rescue Department or other legally instituted body at the time of the modification. Page 8 of9 SIB IN WITNESS WHEREOF, LANDLORD and TENANT have caused this Lease Agreement to be executed by their respective and duly authorized officers the day and year first above written. ATTEST: LANDLORD ~A~ JANE HINES, CITY CLERK (OFFICE SEAL) TENANT ATTEST: MIAMI-DADE FIRE RESCUE By: By: HERMINIO LORENZO, DIRECTOR APPROVED BY MIAMI-DADE COUNTY ATTORNEY AS TO FORM AND LEGAL SUFFICIENCY: By: THOMAS GOLDSTEIN, ESQ. Page90f9 SIB EXHIBIT A LEGAL DESCRIPTION Parcel 3 Lot 29 of South Shore Estates, according to the plat thereof, as recorded in Plat Book 52, Page 69, of the Public Records of Miami-Dade County, Florida. Tax Folio # 30 2211 001 02900 S I E este,_sCity Norman S.Fdel of SunnyIsles Beach S'ty` n M;or 07 �° 18070 Collins Avenue, Suite 250 Lewis JI haler,IScw Mayor Sunny Isles Beach, Florida 33160 a a rezm Gerry Gm�a oodman.Comeloner , 1305) 947-0606 Cly Holl Dann, Iglesias,( rmmoconer • ) 305 949-3113 Fox r t Chief Fred Maas,Interim City Nanuger' --�.. ° (305) 947-2150 Building Deportment Mans Minot.City nnorney o , )305) 947-5107 Fax dant A.Hiner,Ory Clerk MEMORANDUM T0: The Honorable City Commission FROM: Mans Ottinot, City Attorney ) '40 DATE: November 17, 2005 RE: Fire Station Lease Agreement RECOMMENDATION It is recommended that the City Commission adopt the attached resolution approving a Fire Station Lease Agreement with Miami-Dade County. REASONS The City owns certain property located at 17200 Collins Avenue that is capable of being utilized as a fire rescue facility. Miami-Dade County Fire Rescue currently provides fire and rescue services to the residents of the City of Sunny Isles Beach and neighboring cities through a satellite facility at that location. However, the facility needs to be expanded to meet the needs of our ever-growing population. Miami-Dade County has agreed to this expansion and as such, has submitted a lease agreement for Commission consideration. The proposed lease agreement is for a period of ninety-nine (99) years from the date of execution and has an annual rental rate of One Dollar (51.00), payable upon execution of the Lease Agreement. Further, the agreement states that Miami-Dade County will he responsible for the payment of all charges for water, trash and refuse disposal services, electricity, telephone and other facility and communications services required at a facility. Additionally, the County intends to provide fire rescue sen-ices to the City during the construction of a new facility at a temporary location in the City. HO/pwljb Agenda Item 1 O,j Crn. Commission Fire Station Lease A,tnm Agrlid n MemoDate ( — — 0'S