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HomeMy WebLinkAboutReso 2008-1327 RESOLUTION NO. 2008-~1 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING A LEASE AGREEMENT WITH THE UNITED STATES POSTAL SERVICE ATTACHED HERETO AS EXHIBIT "A"; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO EFFECTUATE THE TERMS OF THE AGREEMENT; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Sunny Isles Beach leases a portion of its government office located at 18070 Collins Avenue to the United States Postal Service ("Postal Service") for a post office branch location; and WHEREAS, the City's current lease agreement with the Postal Service expires on March 31,2010; and WHEREAS, the City wishes to continue to lease office space to the Postal Service for a branch location in the Government Center; and WHEREAS, the parties have agreed to a five year lease agreement in an annual amount of $21,000.00, effective April 1, 2010, through March 31, 2015, with an optional five year renewal period at the then existing market value in the City, as set forth in the attached Exhibit "A" . NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Approval of Agreement. The post office lease agreement by and between the City of Sunny Isles Beach and the United States Postal Service, attached hereto as Exhibit "A", be and the same, is hereby approved. Section 2. Authorization of City Manager. The City Manager is hereby authorized to execute said post office lease agreement, and do all things necessary to effectuate its terms and conditions. Section 3. Effective Date. This Resolution shall become effective upon adoption. PASSED AND ADOPTED this 18th day of September 2008. Post Office Page 1 of 2 I cl:A~ Jane A. Hines, CMC, City Clerk Vote as Follows: S-O Mayor Edelcup Vice Mayor Thaler Commissioner Brezin Commissioner Goodman Commissioner Scholl Post Office Page 2 of 2 Moved by: C C>~""\<;. <;, ()t\')~~ Sc.H. 0 LL Seconded by: \J lu M~'10'R.IHI'\L~~ V (Yes) V(Yes) V (Yes) V7(Yes) ~ (Yes) _(No) _(No) _(No) (No) _(No) SOUTHEAST FACILITIES SERVICE OFFICE ~ UNITED STjjTES I!iiItt POSTjjL SERVICE September 24, 2008 City of Sunny Isles Beach 18070 Collins Ave Sunny Isles Beach, FL 33160-2723 RE: MIAMI - SUNNY ISLES BEACH FINANCE (115902-001) Dear Landlord: Enclosed is your copy of the accepted Lease Agreement for the referenced facility. Thank you for your assistance in this matter and for providing this space for Postal Service use. Sincerely, a Enclosure cc: File 1735 NORTH BROWN ROAD, SUITE 200 LAWRENCEVILLE, GA 30043-8153 678-442-6014 FAX: (678)442-6078 ~ UNITED STI.1TES I!iiff6 POSTI.1L SERVICE. Lease Facility Name/Location Miami - Sunny Isles Beach Finance (115902-001) 18070 COLLINS AVE. SUNNY ISLES BEACH. FL 33160-2723 County:Dade Project: H24505 This Lease made and entered into by and between CITY OF SUNNY ISLES BEACH hereinafter called the Landlord, and the United States Postal Service, hereinafter called the Postal Service: In consideration of the mutual promises set forth and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, the parties covenant and agree as follows: 1. The Landlord hereby leases to the Postal Service and the Posta1- Service leases from the Landlord the following premises, hereinafter legally described in paragraph 7, in accordance with the terms and conditions described herein and contained in the 'General Conditions to U,S, Postal Service Lease,' attached hereto and made a part hereof, Upon which is a municipal space, brick/block building and which property contains areas, spaces, improvements, and appurtenances as follows: AREA Net Interior Floor Space SQ, FEET 1,200 Parking joint use with that provided by the City of Sunny Isles Beach, Total Site Area: 1,200,00 2, TO HAVE AND TO HOLD the said premises with their appurtenances for the following term: FIXED TERM: The term becomes effective April 01, 2010 with an expiration date of March 31, 2015, for a total of 5 Years. 3, RENTAL: The Postal Service will pay the Landlord an annual rental of: $21,000,00 (Twenty One Thousand and 00/100 Dollars) payable in equal installments at the end of each calendar month, Rent for a part of a month will be prorated, Rent checks shall be payable to: CITY OF SUNNY ISLES BEACH 18070 COLLINS AVE SUNNY ISLES BEACH, FL 33160-2723 unless the Contracting Officer is notified, in writing by Landlord, of any change in payee or address at least sixty (60) days before the effective date of the change. February 2004 I I ~ UNITED STIJTES I!iir POSTIJL -SERVICE, Lease 4 RENEWAL OPTIONS The Lease may be renewed at the option of the Postal Service. for the following separate and consecutive terms and at the follOWing annual rentals EFFECTIVE DATE 04/01/2015 EXPIRATION DATE 03/31/2020 PER ANNUM RENTAL Market Value If) ~e c:ry 06 SIIWlY 1$'($ f3~, RP- ~t- provided that notice IS sent. In writing. to the Landlord at least 60 days before the end of the onglnallease term and each renewal term All other terms and conditions of this Lease will remain the same during any renewal term unless stated otherwise herein RR ~~e' Ana~lleJ R~, 'CY"dl C "",ll VI I n~d6r (~1Arl\!.t V I!lv~t fA 5 OTHER PROVISIONS The following addllional provIsions, mocllficatfons. nders. layouts and/or forms were agreed upon prior to execution and made a part hereof Uhlitles Services & Equipment Rider. Maintenance Rider - Landlord ResponSibility Renewal Opt'on Rider (Market Value\ 6 TERMINATION None. except as specified elsewhere In thiS Lease 7 LEGAL DESCRIPTION That property known as the Miami Sunny Isles Beach Finance localed In the City Government office, 18070 Collins Ave Sunny Isles Beac~l FL 33160 February 2004 2 ~ UNITED STIJTES ~ POSmL SERVICE. Addendum Facilitv Name/Location Miami - Sunny Isles Beach Finance (115902-001) 18070 COLLINS AVE, SUNNY ISLES BEACH, FL 33160-2723 County: Dade Project: H24505 Addendum A: INDEMNIFICATION To the extent permitted by law, the Postal Service hereby agrees to save harmless and indemnify the Lessor, its officers and employees, from all claims, loss. damage, causes of action, expense and/or liability resulting from the use of the demised premises by the Postal Service during the original terms or any renewal term of the Lease whenever such claim. loss, damage, action or causes of action, expense and/or liability arise under circumstances where the Postal Service, if a private person, would be liable in accordance with the law of the place where the negligent or wrongful act or omission occurred, Notwithstanding the above, the Postal Service shall be under no obligation to save and/or indemnify the Lessor where a negligent or wrongful act or omission by the Lessor, its partners, employees, or agents, in anyway causes or contributes to the claim, loss, damage, action(s), causes(s) of action, expense or liability, February 2004 3 .. UNITED STJJ.TES ~ POSTJJ.LSERVICE. Lease EXECUTED BY LANDLORD this I ~ day of ~~ ,2(X) ~ . INDMDUAL, ADMINISTRATOR, OR TRUSTEE , Landlord certifi~ that Landlord is not a USPS employee or contrad employee (or an r of either), or a business organization substantially owned or controlled by a USPS employee ran 'nrned;ate family member of e;u.er). ~~ :!J. ~ ohn Sz ,C' anager Name & Title:':T~. . ~It.l"~ c: ~ClT'(a...uu< Name & Title: Landlord's Address: 18070 COLLINS AVE SUNNY ISLES BEACH, FL 33160-2723 Name & Title: Telephone No.: (305) 792 -1701 ~!" jszerleg@sibtl.ne, ~ OQd lD. )~ Witness Fax No.: Tax ID: XX-XXX4647 ~t~~~ Witness a. All co-owners and all other persons having or to have a legal interest in the property must execute the Lease. If the Landlord is married, the husband or wife of the Landlord must also execute the lease, The Landlord must submit adequate evidence of title. b. Where the Landlord IS an administrator or an executor of an estate, there must be furnished a certificate of the clerk of the court or certified copy of the court order showing the appointment of the administrator or executor, together with a certified copy of the will of the deceased. If there is no will, or in the event the will of the deceased does not specifically authorize the administrator or the executor to enter Into a contract to lease the proposed quarters, it will generally be necessary to fumish, in addition to the above named items, a certified copy of the court order authorizing such administrator or executor to enter into a lease with the Postal Service. c. Where the Landlord is a trustee, a certified copy of the Instrument creating the trust must be furnished together with any other evidence necessary to establish the trustee's authority to lease. d. Any notice to Landlord provided under this Lease or under any law or regulation must be in writing and submitted to Landlord at the address specified above, or at an address that Landlord has otherwise appropriately direded In writing. Any notice to the Postal Service provided under this Lease or under any law or regulation must be in writing and submitted to .Contracting Officer, U.S. Postal Service- at the address specified below, or at an address that the Postal Service has otherwise directed in writing, ACCEPTANCE BY THE POSTAL S ?,.... c2 y,-&;gr Robert C Rizzuto Date Contracting Officer Signature of Contracting Southeast FSO 1735 N Brown Rd Suite 200. LAWRENCEVILLE, GA 30043-8153 Address of Contrading Officer February 2004 1-\ AITORNEY ~ UNITEDSTJiTES ~ POSTJiLSERVICE. General Conditions to USPS Lease 1. CHOICE OF LAW This Lease shall be gOYllllllld by federallew. 2. RECORDING Not RIIquted Rte. Irk If there la nrNI or will be a .... .... .~'... ~~" ."ClDIded prior to the --.1" of -. -. c:onlractIng o1Icer of \he ~. col'lCllfTllng tud1 mcrlg~...... . -~ the requlremen" lha l8nd1onl ITUIt tJrnilh a Mo ~~ Lease and IhaII provide thlIl, In the-n ~ ASSIGNMENTS a. The tennI and provillonl of this Lease and the conditions herein 818 binding CJ1 the lancIont and the Postal Servioe. and II heirs, exewlOl1l. admInistratora. 8UooessonI. and assigns. b, If thi8 contract provtdes for payments aggl1lgllling $10.000 or 1TlOAI, daims for rIIOI8 due or 10 become due from the PosIal 5enIIce tnler It may be asaigned to a bwlk, \luSt company. or other flnanc:ing Inslllution. lndudilg ant f8delal1endi1g agency. and may lhereafter be further IllSigne<l and reassigned to any audllnslilulion. Nrt lISlIignment ot reaeignment must COWlt' AI amounts payable and muBl not be made to mont than one pa1y. excepl thalaaslgnment or reaalgnmenl may be made 10 one palty as agent or trull8I for two or ITlOAI parties partqJabng in fnandng \tis contract. No IIlISignment or ."nslgrment will be recognized as wid and binding upon the Postal SeMce I.IlIeIs a 'Mitten no1ice of the asslgrment or l1lassignrnert. IDgether with a l1ue copy oJ the inoument of lISSignmenI,ls lied wiIh: ,. the contracting officer, and 2. the sul1l\y or sureties upCJ1 any bond. c:. Assignmenl of this contract 01 atrf InIanIs1In ttia conIract other than in alXXlldWlOll with the plO1lisions oJ this cIIlJl1e will be grotnls for lenrinatlon of the contract for def8~ at the option of the PosIII Selvice. d. Nolbng contained herein shall be conslrUlld so as 10 prohlbIt tr1In8fi!r oJ ownerahfp of the demised premiaes, provided that 1. tud1 InIllSteI' Is subject to this Lease agreement; and 2. both the origln8l Landlord and the IIUCICIlIIOl' l8ndlord execute the standard CeIMcaf8 of Transftro/ TftJe /r) Laaad Properly and IA_ Aulgnment end Ass~ form 10 be provided by the USPS ConnClilg 0III0er; and In the case of rew leased space projeds. the lease may only be assigned or ownerahlp oJ !he property tranIWnId following commenClll11ltllt of the filled Ienn. \I'lIess prior wrIIten COI1S81l is obIBlned from the PoataI Service. 5. APPLJCABlE CODES AND ORDINANCES TI'e LancIloRI, as part of the IWUl c:orUletalIon. egreealD amply with aD codes and ordlnanoes applicable to the 0Wl'lllI'IIl1p ..nd operation of the building In which the rented space Is 1ltua1ed WId to obtain aB neoeuary permlta and related Items at no coal to the Poatal SerYic:e When the Postal SeMoa CK one aI ita connc:IDIW (other than the LandIonf) is peIforrui I(l worll 81 the pnlITlises. hl Postal SeMoe wll be I1lSplll1SIlIe for ~ aD neoesury and applicable penni!8, rel8ted Items. and 8lIIOdated COltS, t. 8YB~E 'AW "....~. ~. tM\f' 'V.~.. .r .11.:....... J.... '1... --". "I.... ~"'... NIl. ....... t.ft ~ ......Ill, J*-. 1t.4' Ll t ", ........1f1A\, I .,.. 11'111" U1.1l !e,tl.. IrA 7. RESTORA'Tlaf AND AL TERA TlCHa a. Upon written notiIicallon by Landlord within 30 day. of \he elqlQIIon or 1ermlnation d tIlII L..... Ihe Postal Selvice lhallfttore the premises to a "broom cINn" and UI8ble condition. exoaptIng the fallaMng: I88lIOI\8ble 8Ild onllnary wear and l8ar; and damages by the elements or by draJmItancas CMr wtich the Postal SeNIoe has no oonlrDI. If l8ndIonI provides the aboYe notiDlI. the PoIlaI SeMoe Ind landlord IhatI negotiate and reach au-nt on ~ 11_ of reatoratIon and the 1U8OI18b1e COllI for I1IlIloratIon; \he PoetaI Service/flJAlandlord this agreed- upon amount and shall have no f\.rther restOl'llllon du1les under IlU Lease. ~ It.. ~ Wi+\" t.... ,~,., 5elllt ~f t&..a. l4llw.U...ll> b. TI'e P<lIiIaI SeMce shaII~ the ~ 10 lIlIIle aIeraIIans, lIlIadI bILr8a II1d enIl:t additions, sIIuc:t1ns or slgna In or upon the premises herwby leased (proWled audllltendlons. 1ddIllona. lINduntl, 0I11gns shall not be detrimentllllD or InconsIItenI with the rlghta glllllled to olher IenanllI CJ1 the proper1y or in tile blJlding In wtIIc::h IIkf pnlITlI-. are Ioc:8lBd): which fbdunIs. addllIona or aIIudures 10 pIacad in. ~ or aItlIc:hed to the uJd prer1'1l.- shal be and remain the pruperty of.. PoIlaI ServIca and I11IY be IllITlCMld or DlhelwIse dlIposed of by the Poetal SeMoe. gencond Oct 2IlOI QC.1 S\B ~ UNITED STI!TES ~ POSTI!L SERVICE. General Conditions to USPS Lease 8. CLAIMS AND DISPUTES a. This contract is subject to the Contract Disputes Act of 1978 (41 U.S.C. 601-613) ("the Act"). b, Except as provided in the Act. all disputes arising under or relating to this contract must be resolved under this clause. c, "Claim." as used in this clause, means a written demand or written assertion by one of the contracting parties seeking, as a matter of right, the payment of money in a sum certain. the adjustment or interpretation of contract terms, or other relief arising under or relating to this contract, However. a written demand or written assertion by the Landlord seeking the payment of money exceeding $100,000 is not a claim under the Act until certified as required by subparagraph d below. A voucher, invoice, or other routine request for payment that is not in dispute when submitted is not a claim under the Act. The submission may be converted to a claim under the Act by complying with the submission and certification requirements of this clause. if it is disputed either as to liability or amount or is not acted upon in a reasonable time. d, A claim by the Landlord must be made in writing and submitted to the contracting officer for a written decision, A claim by the Postal Service against the Landlord is subject to a written decision by the contracting officer. For Landlord claims exceeding $100.000, the Landlord must submit with the claim the following certification: "I certify that the claim is made in good faith, that the supporting data are accurate and complete to the best of my knowledge and belief, that the amount requested accurately reflects the contract adjustment for which the Landlord believes the Postal Service is liable. and that I am duly authorized to certify the claim on behalf of the Landlord." The certification may be executed by any person duly authorized to bind the Landlord with respect to the claim. e, For Landlord claims of $100.000 or less, the contracting officer must, if requested in writing Of the Landlord, render a decision within 60 days of the request. For Landlord-certified claims over $100,000. the contracting officer must. within 60 days. decide the claim or notify the Landlord of the date by which the decision will be made, f, The contracting officer's decision is final unless the Landlord appeals or fries a suit as provided in the Act. g, V\lhen a claim is submitted by or against a Landlord, the parties by mutual consent may agree to use an altemative dispute resolution (ADR) process to assist in resolving the claim, A certification as described in subparagraph d of this clause must be provided for any claim, regardless of dollar amount, before ADR is used, h, The Postal Service will pay interest on the amount found due and unpaid from: 1, the date the contracting officer receives the claim (properly certified if required); or 2. the date payment otherwise would be due, if that date is later. until the date of payment. Simple interest on claims will be paid at a rate determined in accordance with the Act. j. The Landlord must proceed diligently with performance of this contract. pending final resolution of any request for relief, claim, appeal. or action arising under the contract, and comply with any decision of the contracting officer. 9. HAZARDOUSfTOXIC CONDITIONS CLAUSE "Asbestos containing building material" (ACBM) means any material containing more than 1 % asbestos as determined by using the method specified in 40 CFR Part 763, Subpart E, Appendix E, "Friable asbestos material" means any ACBM that when dry. can be crumbled, pulverized, or reduced to powder by hand pressure. The Landlord must identify and disclose the presence, location and quantity of all ACBM or presumed asbestos containing material (PACM) which includes all thermal system insulation. sprayed on and troweled on surfacing materials, and asphalt and vinyl flooring material unless such material has been tested and identified as non-ACBM. The Landlord agrees to disclose, to the best of its knowledge, any information conceming the presence of lead-based paint, radon above 4 pCi/L, and lead piping or solder in drinking water systems in the building, to the Postal Service, Sites cannot have any contaminated soil or water above applicable federal, state or local action levels or undisclosed underground storage tanks. Unless due to the act or negligence of the Postal Service. if contaminated soil. water. underground storage tanks or piping or friable asbestos material or any other hazardous/toxic materials or substances as defined by applicable Local, State or Federal law are subsequently identified on the premises, the Landlord agrees to remove such materials or substances upon notification by the Postal Service at Landlord's sole cost and expense in accordance with EPA and/or State guidelines; prior to accomplishing this task. Landlord must seek written approval by the USPS Contracting Officer of the contractor and scope of work, such approval not to be unreasonably withheld. If ACBM is subsequently found in the building which reasonably should have been determined, identified, or known to the Landlord, the Landlord agrees to conduct, at Landlord's sole expense. an asbestos survey pursuant to the standards of the Asbestos Hazard Emergency Response Act (AHERA), establish an Operations and Maintenance (O&M) plan for asbestos management, and provide the survey report and plan to the Postal Service. If the Landlord fails to remove any friable asbestos or hazardous/toxic materials or substances. or fails to complete an AHERA asbestos survey and O&M plan, the Postal Service has the right to accomplish the work and deduct the cost plus administrative costs, from future rent payments or recover these costs from Landlord by other means, or may, at its sole option. cancel this Lease. In addition, the Postal Service may proportionally abate the rent for any period the premises, or any part thereof, are determined by the Postal Service to have been rendered unavailable to it by reason of such condition. gencond Oct 2006 Gc-2 ~ UNITED STIJ.TES I!iiiI POSTIJ.L SERVICE. General Conditions to USPS Lease The Landlord hereby indemnifies and holds hannless the Postal Service and its officers, agents, representatives, and employees from all claims, loss, damage, actions, causes of action, expense, fees and/or liability resulting from, brought for, or on account of anyviolation of this clause. The remainder of this clause applies if this Lease is for premises not previously occupied by the Postal Service. By execution of this Lease the Landlord certifies: a, that the property and improvements are free of all contamnation from petroleum products or any hazardous/toxic or unhealthy materials or substances, including friable asbestos materials, as defined by applicable State or Federal law; b, that there are no undisclosed underground storage tanks or associated piping, ACBM, radon, lead-based paint, or lead piping or solder in drinking water systems, on the property; and c. it has not received, nor is it aware of, any notification or other communication from any governmental or regulatory entity conceming any environmental condition, or violation or potential violation of any local, state, or federal environmental statute or regulation, existing at or adjacent to the property, 10. FACILITIES NONDISCRIMINATION a, By executing this Lease, the Landlord certifies that it does not and will not maintain or provide for its employees any segregated facilities at any of its establishments, and that it does not and will not pennit its employees to perfonn services at any location under its control where segregated facilities are maintained, b, The Landlord will insert this clause in all contracts or purchase orders under this Lease unless exempted by Secretary of Labor rules, regulations, or orders issued under Executive Order 11246, 11. CLAUSES REQUIRED TO IMPLEMENT POLICIES, STATUTES, OR EXECUTIVE ORDERS The following clauses are incorporated in this Lease by reference. The text of incorporated tenns may be found in the Postal Service's Supplying Principles and Practices, accessible atwww.usps.com/publications. Clause 1-5, Gratuities or Gifts (Iv1arch 20(0) Clause 1-6, Contingent Fees (Iv1arch 2006) Clause 9-3, Davis-Bacon Act (Iv1arch 2006)1 Clause 9-7, Equa/ Opportunity (Iv1arch 2006f Clause 9-13, Affirmative Action for Handicapped Workers (Iv1arch 2006)3 Clause 9-14, Affirmative Action for Disabled Veterans and Veterans of the Vietnam Era (March 2006)' Clause B-25, Advertising of Gontract Awards (Iv1arch 2006) Note: For purposes of applying the above standard clauses to this Lease, the terms "supplier," "contractor," and "lessor" are synonymous with "Landlord," and the tenn "contract" is synonymous with "Lease," 1 For premises with net interior space in excess of 6,500 SF and involving construction work over $2,000, 2 For leases aggregating payments of $10,000 or more. 3 For leases aggregating payments of $10,000 or more. , For leases aggregating payments of $25,000 or more, gencond Oct 2006 Gc-3 .. UNrTEDSDlTE'S Biiii1I POST.4L SERVICE. Maintenance Rider Landlord Responsibility 1. The Landlord shaD, except as oIherwIae specified herein and except for damage resulting from the act or negligence of Postal Service agents or employees, maintain the demised premises, Including the building and any and all equipment, fixtures, systeml, ald appurtenances, whether severable or non-severable, furnished by the Landlord under this Lease, in good repair and tenantable condition, during the continuance of the Lease. Landlord's duties Include repair and replacement as necessary. Notwithstanding the above, the Postal Servk:e will be responsible for regular cleaning of gutters and downspouts connected to the outer edge (I.e., the eaves area) of the roof; Landlord will be responsible for regular cleaning of any other gutters, downspouts, troughs, scuppens, roof drains, etc. For the purpose of so maintaining said premiselll'ld property, the Landlord may, at reasonable times. and upon reasonable notice to the facility manager, enter and Inspect the same and make any necessary repairs thereto. 2. Landlord II responsible for inspection, prevention and eradication of termites and any other woo6-eatlng Insects and for repairs of any damage resuJting therefrom during the continuance of the Lease. R. ~ I rf\ 3. Landlord shall paint all Interior and exterior previously painted IIUrfaces as foDows:..... IM.r....A lf'l' (f) V"-~I foIlewil'lllt1e otM sf the I.es., 8M at least once every five (5) years during the continuance of the lease unless required more often because of damage from fire or other casualty, or unless the time period is specifically modified in writing by the Contracting Officer. Landlord II required to apply only one coat of paint. USPS win be responsible for cost of additional coats of paint. Including application costs. USPS WiD be responsible for movi ng furniture and equipment away from walls as required. 4. MY heating system fumlshed by Landlord must be properly sized for the facility, must be In good working order, and must be maintained and. if nec:easary, replaced by Landlord to ensure proper operation dunng the continuance of the Lease and in accordance with this Maintenance Rider; such system must be capable of providing a uniform temperature of at least 55 degrees Fahrenheit (55"F.) in aD enclosed portions of the demised premises (excluding the rear vestibule) at all times. Regardless of whether Landlord Is required by the Lease to provide fuel for a heating system, any Investigative or remediation cost associated with . release of fuel from the system, including any fuel tank, shaD be the responsibility of the Landlord, unless the releale is caused by the act or negligence of the Postal Service or its agents. The Postal Service shall be responsible for regular replacement of filters. Boilers (heating and hot water supply) and unfired pressUI8 vessels provided by the Landlord as part of the leased premises shaD be maintained and, If nece&sery, replaced by the Landlord in accordance with ASME Boiler and Pressure Vessel Code, Sections IV, VI. and VIII; National Fire Prevention As8ocIation (NFPA)-70, NatIonal EIectr1c Code; andlor ASME Safety Code No. CSo-1, Controls and Safety Devises for Automatically Fired Boilers; ASME A18.1, Safety Standard for Platform Ufta and Chalrtlfts; NFPA-54, National Fuel Gas Code; and NFPA-31, Oil Burning Equipment Code, as applicable. or as required by local ordinances. CUlTent safety certificates Issued by an organization recognized by the National Board of Boller and Pressure Ve.... Inspectors or a federal, state or municipal authority which has adopted the American National Standard Institute/American Soclety of Mechanical Engineers (ASME) Boller and Vessel Code, must be provided by the Landlord for boilers and untlred pressure vessels. In the event local Jurisdictions do not require pertodlc inspection of such equipment, the Postal Service shall have the right to conduct Inspections In accordance with the aforeaald codes, and may issue safety certificates, as appropriate. 5. My elevators, esc:aJators and dumbwaiters provided by the Landlord as part of the leased prenjses shaD be maintained, and, If necessary, replaced by the Landlord during the continuance of the Lease In acoordance with ASME A17,1, Safety Code for Elevetors, Escalators, Dumbwaiters, and Moving Walks; ASME A17.2, Elevator Inspectors Manual; ASMEA17.3 Safety Cod. for Existing Elevators and Escalators; ASME A17.", Emergency EvactJatlon Procedures for Elevators; and ASME A17.5, Elevator and Eacalator Electrlcal Equipment Landlord must ensure that current safety certltlcates for elevatOl8, dumbwaiters and escalators are Issued by an organization authorized to Inspect in accordance with the ANSI/ASME Code for Elevators, Dumbwaiters and Eacalators or appropriate federal, state or municipal authority. In the event local Jur18dlctlons do not require periodic Inspection of such equipment, the Postal Service shall have the right to conduct Inspections In acoordance with the aforesaid codes, and may laaue eafety certificates, al appropriate. -~I- SIB .. UNrrEDST.1.TES ~ POST.4LSERVICE. Maintenance Rider Landlord Responsibility 6. Any air-conditioning equipment furnished by Landlord must be properly sized for the faclUty, must be In good WOft(ing order, and must be malntalned and, If neoessary, replaced by landlord to ensure proper operation during the continuance of the Lease and in accordance with .this Maintenance Rider; air-conditioning must be c::apeble of providing a unlfonn temperature of no greater than 78 degrees Fahrenheit (78.F.) In all encloaed portions of the demisecl premises at all times. Landlord shall be responsible for servldng of the air-conditioning equipment during the continuance of the Lease, includIng. refrigerant .1 required for proper operation of the equipment. The Postal Service shall be relponsible for regular replacement of ftlters. 7. Any electrlcaVpower system fumished by Landlord must be properly sized for the facility, muat be In good working order, and must be maintained and, if necessary, replaced by Landlord to ensure proper operation dUring the continuance of the Lease and In accordance with this Maintenance Rider. 8, Any wiring, Including, but not limited to, wiring for the Electronic S8QJrity and Surveillance Equipment (ESS). Closed Circuit Televialon (CClV), Very Small Aperture Terminal (VSAT), Criminal Investigation System (CIS), Intrusion Detection System (IDS), etc.,lnstaUed by the Landlord shall be maintined, and if necessary. replaced by the Landlord during the continuance of the Lease. However, the Landlord ahall not attempt any maintenance of, or repair of, or Interfere with, the actual security, telephone, or telecommunications equipment, such as cameras. consoles, monitors, satellite dishes, telephone handsets, and PoInt-of-SerYfce (POS) equipment. 9. VVhether publiC or private water or sewer systems are provided, said systems are to be maintained and replaced by the Landlord during the continuance of the Lease, Induding any Inspection. that may be required. 10. If the demised premi.es or any portion thereof are damaged or destroyed by fire or other casualty, Acts of God, of a public enemy, riot or insurrection, vandalism. or are otherwiae determIned by the Poalal Service to be unfit for useD and occupancy, .',-. b obligation under this ce Rider, the Postal Service wlU require the Landlord to rebuild or repair the I ft" premises aa necessary to rest 0 tenantable condition to the satisfaction of the Postal Service. The Postal Service will, except in emergencies, pr dlord with Written notice stating a reasonable time period for completion of all necessay repairs. (A copy of any s . shall be sent to the Landlord's mortgagee and any assignee of monies due or to become due under this Lease and addresses have been furnished to the Postal Service by the Landlord. Failure to give such written notice to d or to the mortgagee or assignee shall not affect the Postal Service's rights to recover expended costs und . 'slon, provided that the costs expended by the Postal Service are reasonable In amount) The Postal Service, the Contracting Officer, may proportionately abate the rent for any period the premises, or any part thereof, a . . ~- Ti1i"'tiIIq 1-h ~ ~D~t#.l S..r\l i,,~ "'..~ tat",. c' t\.-a \.~s. Cll.S o~ 1"".' ,.+~ t\l. f'f'e...u<<-. VUO,... U.N~;Tf.\"' ~S~a"'" oc.c."'....",y. , diligence a& will ensure ita completion within the time apecItIed In the notice (or aa may be granted at the sole discretion of the Postal Service), or falls to in said time, the Postal Service shall have the right to perform the work erwIse), and withhold the cost p1ua any administrative cost and/or In paymenb due or to become due under this Lease. Alternatively, the Contra . e demiHd preml~ are ~etermined to ~ ~ntenantabie or unfit for use or occupancy, l:tlll fGlReales pf8l""ea IR this ...;&/eA aRI A8A .at...R'. an" 8leIA a.,iti.A '8 MY ,.",."188 a'Jell_le '8 th8 P.8&eJ SeM. __,lief .,.,.ieehla I.... 11. The Landlord must a. comply with applicable Oca.Ipatlonal Safety and Health Standards, title 29 Code of Federal Regulations (CFR) (Induding but not limited to Parts 1910 and 1926), promulgated pursuant to the authority of the Occupational Safety and Health Act of 1970 (OSHA); and Ul.....~l_ SIB ~ UNITED STIlTES I1iift6 POSTIJL SERVICE. Maintenance Rider landlord Responsibility b, comply with any other applicable federal, state, or local regulation governing workplace safety to the extent they are not in conflict with a; and c. take all other proper precautions to protect the health and safety of: (1) any laborer or mechanic employed by the Landlord in performance of this agreement; and (2) Postal Service employees; and (3) the public, The Landlord must include this clause in all subcontracts hereunder and require its inclusion in all subcontracts of a lower tier. The term "Landlord" as used in this clause in any subcontract must be deemed to refer to the subcontractor, Landlordmaln1 06/2005. ~ UNITED STIlTES I!iifiI POSTIlL SERVICE. Utilities, Services, & Equipment Rider Facility Name/Location Miami - Sunny Isles Beach Finance (115902-001) 18070 COLLINS AVE, SUNNY ISLES BEACH, FL 33160-2723 County: Dade Project: H24505 1. HEAT Landlord must furnish heating system in good working order, together with all fuel required for proper operation of the system, in accordance with the Maintenance Rider, during the continuance of the Lease, Any investigative or remediation cost associated with a release of fuel from the system, including any fuel tank, shall be the responsibility of the Landlord, unless the release is caused by the act or negligence of the Postal Service or its agents. 2. AIR CONDITIONING Landlord must furnish air-conditioning equipment in good working order, together with all power required for proper operation of the equipment, in accordance with the Maintenance Rider, during the continuance of the Lease. 3. ELECTRICITY Landlord must furnish an electrical system in good working order, in accordance with the Maintenance Rider, and pay for all recurring electric bills, during the continuance of the Lease, 4. LIGHT Landlord must provide light fixtures in good working order, in accordance with the Maintenance Rider, during the continuance of the lease, Landlord is not responsible for replacement of light bulbs, February 2004 U-1 ~ UNITED STI1TES ~ POSTJjL SERVICE. Utilities, Services, & Equipment Rider 5. WATER Landlord must furnish a potable water system in good working order, in accordance with the Maintenance Rider, and pay for all recurring water bills, during the continuance of the Lease. 6. SEWER Landlord must furnish a sewer system in good working order, in accordance with the Maintenance Rider, and pay for all recurring sewer bills, during the continuance of the Lease, 7. TRASH The Landlord agrees to furnish and pay for all trash removal for the demised premises during the continuance of the Lease. 8. SNOW Not Applicable February 2004 U-2 TO: FROM: DATE: RE: City of Sunny Isles Beach 18070 Collins Avenue, Suite 250 Sunny Isles Beach, Florida 33160 (305) 947-0606 City Hall (305) 949-3113 Fax (305) 947-2150 Building Department (305) 947-5107 Fax City ('ommission Norman S. Edelcllp, Mayor Roslyn Brezill. I 'ice Mayor Gerr)' Goodman, CommiSSIOner Lewis Thaler, Commissioner Ilanny Iglesias. Comllllssioner A. .Iohn Szerlag, Cify Manager Hans Ottinol, Cify AI/orney .Jane A. Hines, CMC, Cify Clerk MEMORANDUM The Honorable City commi~i\~ Hans Ottinot, City Attorney\~ '-' September 18, 2008 Resolution approving a renewed lease agreement with the Postal Service for the lease of 1,200 square feet of office space RECOMMENDA TION: It is recommended that the City Commission approve the attached Resolution approving a renewed lease agreement with the United States Postal Service ("Postal Service") for the lease of 1,200 square feet of office space in the City's Government Center. REASONS: The Postal Service currently leases 1,200 square feet of office space in the City's Government Center for a branch post office. The current lease expires on March 31, 2010. The proposed new lease is for a five year term, commencing April 1, 2010, through March 31, 2015, with an additional five year option renewal period until 2020. Under the proposed new lease, the Postal Service will pay an annual rent of $21 ,000.00 per year. This represents a more than 100% increase in the current yearly rent 01'$9,768.00. During the optional renewal period, i.e. from April 1, 2015, through March 31, 2020, the per annum rental will be the existing market value in the City. The will allow the City greater flexibility to negotiate the rent during this optional renewal period. Please note the proposed new lease incorporates the same essential terms as those in the current lease agreement. HO: fa / Attachment Agenda Item t D Ll Date <1- \ ~ - 0 ~ TO: FROM: DATE: RE: City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 (305) 947-0606 City Hall (305) 949-31 13 Fax (305) 947-2150 Building Department (305) 947-5107 Fax City Commission Norman S. Edelcup, Mayor Lewis J. Thaler, Vice Mayor Roslyn Brezin, Commissioner Gerry Goodman, Commissioner George "Bud" Scholl, Commissioner A. John Szerlag, City Manager Hans Ottinot, City Allorney .Jane A. Hines, CMC, City Clerk MEMORANDUM Hans Ottinot, City Attorney ~ Priscilla Walker, CMC, Deputy City Clerk/Office Manage? September 22, 2008 Approval of Lease Agreement with United States Postal Service At its regular meeting of September 18, 2008, the City Commission adopted Resolution No. 2008-1327, which approved the above-referenced agreement. Enclosed are two copies of the approving legislation and the two (2) partially-executed original agreements to assist you in processing this item. Upon return, please forward a fully-executed original agreement to the Office of the City Clerk. Thank you. Ipw Attachments Post Office Lease Agreement Trans Memo TO: FROM: DATE: RE: City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 (305) 947-0606 City Hall (305) 949-3 1 I 3 Fax (305) 947-2150 Building Department (305) 947-5107 Fax City Commission Norman S. Edelcup, Mayor Lewis J. Thaler, Vice Mayor Roslyn Brezin, Commissioner Gerry Goodman, Commissioner George "Bud" Scholl, Commissioner A. John Szerlag, City Manager Hans Ottinot, City Allorney Jane A. Hines, CMC, City Clerk MEMORANDUM Hans Ottinot, City Attorney ~ Priscilla Walker, CMC, Deputy City Clerk/Office Manag~ October 1, 2008 Approval of Lease Agreement with United States Postal Service At its regular meeting of September 18, 2008, the City Commission adopted Resolution No. 2008-1327, which approved the above-referenced agreement. Enclosed are a copy of the approving legislation and fully-executed agreement for your records. Thank you. /pw Attachments Post Office Lease Agreement Trans Memo