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HomeMy WebLinkAboutReso 2006-955 .. --. RESOLUTION NO. 2006 - ~ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, REPEALING RESOLUTION No. 2005-856 IN ITS ENTIRETY; APPROVING A 99-YEAR LEASE AGREEMENT WITH MIAMI-DADE COUNTY FOR THE PROPERTY LOCATED AT 17200 COLLINS AVENUE TO CONSTRUCT A FIRE STATION, IN THE AMOUNT OF ONE DOLLAR ($1.00) PER YEAR, A TT ACHED HERETO AS EXHIBIT "A"; PROVIDING FOR THE COMMENCEMENT OF CONSTRUCTION WITHIN THREE (3) YEARS OF EXECUTION; PROVIDING FOR THE NAMING OF THE FIRE STATION AS "SUNNY ISLES BEACH FIRE STATION"; PROVIDING THE MAYOR WITH THE AUTHORITY TO EXECUTE THE AGREEMENT; PROVIDING THE CITY MANAGER WITH THE AUTHORITY TO DO ALL THINGS NECESSARY TO EFFECTUA TE THE TERMS OF THE AGREEMENT; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on November 17, 2005, the Sunny Isles Beach City Commission adopted Resolution No. 2005-856, approving a 99-year lease agreement with Miami-Dade County Fire Reseue for the premises located at 17200 Collins A venue, Sunny Isles Beach, for the purpose of constructing a fire station to serve the growing needs of this community; and WHEREAS, subsequent to the Commission's approval of the lease agreement, Miami- Dade County requested certain material ehanges to the lease terms; and WHEREAS, the City has engaged in further negotiations to reach mutually acceptable terms in order to proceed with this project; and WHEREAS, the terms of the amended lease agreement are essentially the same, except for certain changes to the indemnification clause to clarify each party's liability under the agreement and certain minor changes throughout the agreement; and WHEREAS, pursuant to the negotiated amendments, the County shall commence eonstruction of the new fire station facility within three (3) years of executing the Lease Agreement and name the new facility "Sunny Isles Beach Fire Station." NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Repeal of Resolution No. 2005-856. Resolution No. 2005-856 is hereby repealed in its entirety. Page 1 of2 ,- Section 2. Approval of Lease Agreement. The Lease Agreement with Miami-Dade County for the premises located at 17200 Collins Avenue, attached hereto as Exhibit "A", be, and the same, is hereby approved. Section 3. Authorization of Mayor. The Mayor IS hereby authorized to execute said Agreement. Section 4. Authorization of City Manager. The City Manager is hereby authorized to do all things necessary to effectuate the terms of the Agreement. Section 5. Effective Date. This Resolution will become effective upon adoption. PASSED AND ADOPTED this 20th day of July, 2006. ATTEST: ~,~~~ Jane A. Hines, CMC, City Clerk Moved by: C.Ol"t\YY\' Ss.\ ON EJe TC;Lz..siA<';;; Seconded by: Co}'V\Y'Y\\ S~'D.lJ te.. IHA-\...t~ Vote: 5 - 0 Mayor Edelcup Vice Mayor Brezin Commissioner Goodman Commissioner Iglesias Commissioner Thaler ~(Yes) V (Yes) --l..L-(Yes) V (Yes) __lLJY es) _(No) _(No) _(No) _(No) _(No) Page 20f2 ~ FIRE STATION LEASE AGREEMENT THIS LEASE AGREEMENT, made on this _ day of ,2006, by and between the CITY OF SUNNY ISLES BEACH, a municipal corporation of the State of Florida, 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 existing fire rescue facility; and WHEREAS, the City Commission wishes to lease to TENANT the property located in the City of Sunny Isles Beach, Florida for the purposes described herein. NOW THEREFORE, in consideration of the sum ofTen and No/I00 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 I DESCRIPTION OF LEASED PREMISES The Leased Premises are located at the following address: 17200 Collins A venue, Sunny Isles Beach, Florida. The Leased Premises is approximately 12,500 square feet of vacant land. The legal description of the Leased Premises is: 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. Page 1 of 10 S B .. ARTICLE II TERM AND RENTAL The Lease Agreement shall be effective after approval of this Lease Agreement by the Board of County Commissioners and 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 LEASED PREMISES TENANT shall use the area of the Leased Premises for the performance of County business normally conducted by the Miami-Dade Fire Rescue Department and for the performance of work incidental thereto. ARTICLE IV CONDITION OF LEASED PREMISES With the assistance of LANDLORD, TENANT shall have the responsibility to obtain any required zoning and building permits, in accordance with State, City and/or County requirements and regulations for TENANT'S specific governmental use as a fire- rescue facility. TENANT, at the appropriate time, shall make any necessary improvements or modifications to the Leased Premises, including a building and/or parking lot, which shall be determined solely by the TENANT. Page 2 of 10 SIB TENANT further agrees to name the building "Sunny Isles Beach Fire Station." This name shall appear on the primary sign which shall be placed at the front entrance of the building. Said improvements or modifications shall be maintained during the term of the Lease Agreement 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 Leased 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 shall commence construction of improvements on the Leased 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, no later than three (3) years from the execution date of this agreement. 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 Page 3 of 10 ."'~." ~ '. ~~) E' .{ .-P Leased Premises may be undertaken by TENANT without written notice to the LANDLORD. In the event that TENANT fails to commence construction by the above- specified deadline, this lease agreement shall automatically terminate, unless an extension to time is mutually agreed to in writing by the parties. ARTICLE VII MAINTENANCE TENANT agrees to maintain and keep in good repair, condition, and appearance, during the term of this Lease Agreement or any extension or renewal thereof, the exterior of any improvements that may be constructed on the Leased 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 LEASED PREMISES In the event that any structures constructed on the Leased Premises should be destroyed or so damaged by fire, windstorm, or other casualty to the extent that the Leased Premises are rendered untenantable or unfit for the purpose of the TENANT, either party may cancel this Lease Agreement by giving sixty (60) days written notice to the other party. Page 4 of 10 (~ l~' tr<< _it ARTICLE IX NO LIABILITY FOR PERSONAL PROPERTY All personal property placed or moved into or on the Leased Premises shall be at the risk of TENANT. LANDLORD shall not be liable to TENANT 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 Isles 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 Leased 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 not be liable for any damage or injury which may be sustained by any party or person on the Leased Premises other than the damage or injury caused by the negligence of TENANT, subject to all limitations of Section 768.28. Page 5 of 10 (. ~ ') ,~) .i i-~ t,... 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 Leased Premises, without hindrance or molestations by LANDLORD. ARTICLE XIII SURRENDER OF LEASED 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 Leased Premises were at the beginning of the term of this Lease Agreement, except for ordinary wear and tear and damage by fire and windstorm or other acts of God. ARTICLE XIV INDEMNIFICATION 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, subject to the provisions of that Statute whereby the TENANT shall not be held liable to pay a personal injury or property damage claim or judgment by anyone person which exceeds the sum of $1 00,000, or any claim or judgments or portions thereof, which, when totaled with all other occurrence, exceeds the sum of $200,000 from any and all personal injury or property damage claims, liabilities, losses or cause of action which may arise solely as a result of the negligence of the TENANT. However, TENANT will not indemnify the LANDLORD from any liability or claim arising out of the negligent performance or Page 6 of 10 ,- ~c it ~>f1 (~:; f t.J failure of performance of the LANDLORD, its agents or any unrelated third party employees. 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. 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 CANCELLATION 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 LAN LORD One dollar Page 7 of 10 4'~ . B '. I 0f ($1.00) for each year remaInIng In the initial term on the effeetive 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. After the 30th year from the commencement date of the Lease Agreement, if LANDLORD enters into a contract to sell the Leased 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. 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 Page 8 of 10 y:;. ~;....,f r-.. !"\ fl.....r 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. [This remainder of this page is intentionally left blank) Page 9 of 10 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. A TrEST: LANDLORD .~~~ JANE HINES, C'ITY CLERK APPROVED BY AS TO FORM AND LE CIENCY: / / (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. Page 10 of 10 .: -:.:.:.:-:-:-:-:-: .................... ::;;(/i{::: " ..... .', ...... ............. . I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . . . . . f"'. 1'"' .~ r'l o ~, City Commission Norman S. Ede\cup Mayor Roslyn Brezin Vice Mayor Gerry Goodman Commissioner Danny Iglesias Commissioner Lewis J. Thaler Commissioner A. John Szerlag City Manager Hans Ottino! City Attorney Jane A. Hines City Clerk July 31,2006 ~'\&.uI. ~ ~ ~~D1-IO~\ Mr. Carlos Heredia, Principal Planner Miami-Dade Fire Rescue Department 9300 N. W. 41 sl Street Doral, Florida 33178 Re: Approval of Miami-Dade Countv Fire Station Lease Agreement Dear Mr. Heredia: Enclosed please find three (3) original Fire Station Lease Agreements which require execution by Miami-Dade County. At its regular meeting of July 20, 2006, the Sunny Isles Beach City Commission adopted Resolution No. 2006-955, which approved a new Fire Station Lease Agreement with "construction of improvements" by Miami-Dade County. A copy of this approving resolution is also enclosed. Please be sure to forward one (1) executed, original agreement to the Office of the City Clerk, to the attention of our Deputy City Clerk, Priscilla Walker. Thank you in advance for your prompt attention to this matter. Please call me if you have any questions. Sincerely, ~~ Pamela Reid Legal Secretary :pr IEnclosure cc: PJl:!ri~ia SaintVil-Joseph, D.eputy City Attorney .lPriscllla Walker, Deputy City Clerk OF SU~ TO: FROM: City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 (305) 947-0606 City Hall (305) 949-3113 Fax (305) 947-2150 Building Department (305) 947-5107 Fax City Commission Norman S. Edelcup, Mayor Roslyn Brezin, Vice Mayor Gerry Goodman, Commissioner Danny Iglesias, Commissioner Lewis J. Thaler, Commissioner A. John Szerlag, City Manager Hans Ottinot, City Attorney Jane A. Hines, City Clerk MEMORANDUM Hans Ottinot, City Attorney ()u)...~ "" "1/ Priscilla Walker, CMC, Deputy City Clerk DATE: July 27,2006 RE: Approval of Miami-Dade County Fire Station Lease Agreement At its regular meeting of July 20, 2006, the City Commission adopted Resolution No. 2006-955, which approved a new Fire Station Lease Agreement with "construction of improvements" by Miami-Dade County. Attached are a copy of the approving resolution and the three (3) original agreements to assist you in processing this item. Please be sure to forward one (1) executed, original agreement to the Office of the City Clerk, upon return by the County. Thank you. :pw Attachments cc: A. John Szerlag, City Manager (w/o attachments) Mdc Fire Station Construction Lease Agrmt Trans