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Home My Public Portal About15-9120 EFFECTUATE THE TERMINATION OF THE LEASE AGREEMENT FOR THE PROPERTY LOCATED AT 14701 NW 27 AVENUESponsored by: Mayor Taylor and City Manager RESOLUTION NO. 15 -9120 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO EFFECTUATE THE TERMINATION OF THE LEASE AGREEMENT FOR THE PROPERTY LOCATED AT 14701 NW 27TH AVENUE (Exhibit A), AS BETWEEN MIAMI -DADE COUNTY AND THE CITY OF OPA- LOCKA, PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, The City of Opa- Locka, Florida, was given the opportunity to develop the property located at 14701 NW 27th Avenue, Opa- Locka, Florida; and WHEREAS, The City Commission believes that it is in the best interest of the City to terminate the lease for the property located at 14701 NW 27th Avenue, Opa- locka, Florida; and WHEREAS, The City Commission desires to terminate the Lease Agreement, dated July 14, 2015, by and between Miami -Dade County and Opa- Locka, Florida; and NOW THEREFORE, BE IT RESOLVED THAT THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA: Section 1. The recitals to the preamble herein are incorporated by reference; Section 2. The City Commission of the City of Opa- Locka, Florida, hereby authorizes the City Manager to terminate the Lease Agreement as referenced above. Section 3. The City Commission of the City of Opa- Locka, Florida, hereby directs the City Manager to confirm, through an agreement or otherwise, that in spite of the termination of the Lease Agreement, Miami -Dade County shall tender Resolution No. 15 -9120 all rental and leasing payments received for the property located at 14701 NW 271h Avenue, Opa- locka, Florida directly to the City of Opa- locka, as previously agreed. Section 4. The City Commission shall formally request that Miami -Dade County consider leasing the property back to the City of Opa -Locka once the City has recovered from its financial crisis. Said request shall be made within a period of no less than three (3), no more than five (5) years. Section 5. This Resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 91h day of December, 2015. Attest to: Moved by: Seconded by: Commissioner Vote: Commissioner Kelley: Commissioner Pinder: Commissioner Santiago: Vice Mayor Holmes: Mayor Taylor: �yra aylor Mayor Approved as to form and legal sufficiency: Vincent T. Brown, Esq. The Brown Law Group, LLC City Attorney Commissioner Pinder Commissioner Santiago 5 -0 YES YES YES YES YES David Chiverton Interim City Manager 305 - 953 -2821 Ext.1202 / Fax: 305- 953 -2870 Email: DChiverton @opalockafl.gov TO: Mayor Myra Taylor Vice Mayor Timothy Holmes Commissioner Joseph L. Kelley Commissioner Terence K. Pinder Commissioner Luis B. Santiago t t FROM: David Chiverton, Interim City Manager SUBJECT: 14701 NW 27`x' Avenue, Opa- locks, Florida 33054 Jackson Memorial Site — (Proposed Site of Urgent Care and Wellness Cente) . _ry COPY: Commissioner Barbara Jordan, Miami Dade County District 1 Vincent Brown, City Attorney DATE: December 9, 2015 At tonight's Regular Commission Meeting an Agenda Item will be presented for your consideration regarding relinquishing control of the Jackson Memorial Trust property located at 14701 NW 27th Avenue. There are underlying reasons as to why this would be in the City's best interest. • Based on the approved resolution by Miami -Dade County Board of County Commissioners the Urgent Care and Wellness Center will require a team of investors to bring the vision to fruition. • The current agreement will require an amendment to include years added to the term to make the project palatable to banking institutions. Given the current efforts to handle the City's current fiscal challenges (we) the City will be challenged in our efforts to secure a Public Private Partnership (PPP) financing in the near future. However, Commissioner Barbara Jordan expressed her commitment to have the project continue under the control of Miami Dade County. In return Miami Dade will facilitate the completion of the Urgent Care and Wellness Center. Commissioner Jordan further expressed her commitment to have the City receive all rent revenue derived from the tenants of the property (minus any administrative cost incurred by Miami Dade Co *End* CITY HALL 780 FISHERMAN STREET, 4T" FLOOR, OPA- LOCKA, FLORIDA 33054 (305) 688 -4611 AN EQUAL OPPORTUNITY EMPLOYER AND DOES NOT DISCRIMINATE ON THE BASIS OF HANDICAP Sponsored by: City Manager RESOLUTION NO. 15-9028 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, DIRECTING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT WITH MIAMI DADE COUNTY FOR A PROPERTY LOCATED AT 14701 NW 27th AVENUE; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE WHEREAS, The City of Opa Locka has received a Lease Agreement from Miami -Dade County for a property located at 14701 NW 27th Avenue; and WHEREAS, the Lease Agreement is attached as Exhibit "A" to this Resolution and calls for the property to be leased by the City for thirty (30)0 years for one dollar per year; WHEREAS, the City Commission desires for the Manager to execute this Agreement; NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA: Section 1. The recitals to the preamble herein are incorporated by reference. Section 2. The City Commission of the City of Opa -locka hereby directs the City Manager to Execute the Lease Agreement attached as Exhibit "A ". PASSED AND ADOPTED this 29`h day of June, 2015. YR TAYLOR MAYOR Resolution No. 15 -9028 Attest to: J41 ma Flores City Clerk Moved by: Seconded by: Commission Vote: Commissioner Kelley: Commissioner Pinder: Commissioner Santiago: Vice -Mayor Holmes: Mayor Taylor: Approved as to form and legal sufficiency: Vincent T. Brown, Esq. BROWN LAW GROUP, LLC City Attorney COMMISSIONER SANTIAGO COMMISSIONER KELLEY 5 -0 YES YES YES YES YES City of Opa -locka Agenda Cover Memo Commission Meeting Date: June 29, 2015 Item Type: EnterX in box Resolution Ordinance Other X Fiscal Impact: Yes No Ordinance Reading: (EnterX in box ) 18t Reading 2" Reading X X Public Hearing: (EnterX in box) Yes No Yes No X X Funding Source: WA (WA) Advertising Requirement: EnterX in box) Yes No X Contract/P.O. Required: (EnterX in box) Yes No RFPIRFQIBid #: N/A X Strategic Plan Related (EnterX in box) Yes No Strategic Plan Priority Area: Enhance Organizational p Bus. & Economic Dev Public Safety p Quality of Education p Qual. of Life & City Image N Communication p Strategic Plan ObjJStrategy: N/A X Sponsor Name City Manager Department: Short Title: A Resolution of the City Commission of the City of Opa- locka, directing the City Manager to execute a lease agreement with Miami Dade County for a property located at 14701 NW 27"' Ave; providing for incorporation of recitals; providing for an effective date The City of Opa -locka is interested in providing a health and wellness center to assist the residents of the City of Opa -locka in maintaining their health and in preventing diseases. The City has therefore discussed with the agents of Miami -Dade County the terms enclosed in this lease agreement to use the aforementioned property identified by the folios enclosed as the site for the City of Opa- locka's Health and Wellness Center. The full disclosure of the terms for this lease are enclosed. Proposed Action: Staff recommends approval of this Resolution. Resolution for Wellness Center Property Lease Proposed Action: Staff recommends approval of this Resolution. Attachments: 1. A Draft Copy of the Lease Agreement 2. Copy of Miami -Dade County Property Profile Resolution for Wellness Center Property Lease TO: Myra L. Taylor, u2wnr Timothy Holme Terence K. Pin( Joseph Kelley, Luis B. Santiag FROM: Kelvin L. Baker DATE: June 26, 2015 C>e`kc `S i Memorandum RE: A Resolution of the City Commission of the City of Opa- locka, directing the City Manager to execute a lease agreement with Miami Dade County for a property located at 14701 NW 27th Ave; providing for incorporation of recitals; providing for an effective date. Request: A Resolution of the City Commission of the City of Opa- locka, Florida, approving a 30 year lease agreement with the option to extend this lease agreement for two (2) additional ten -year (10) renewal options, between Miami -Dade County and the City of Opa -locka for the property at 14701 NW 27th Avenue and the two properties adjacent to this subject property that are identified by folios 08- 2122 - 026 -0010; 08- 2122- 025-0580; 08- 2122 -025 -0590. The property shall be used solely for the purpose of a health and wellness center for the residents of Opa -locka and to residents of Miami Dade County in general; providing for penalties for violation of this resolution; containing a repealer provision, severability clause and providing for an effective date. Description: The City of Opa -locka is interested in providing a health and wellness center to assist the residents of the City of Opa -locka in maintaining their health and in preventing diseases. The City has therefore discussed with the agents of Miami -Dade County the terms enclosed in this lease agreement to use the aforementioned property identified by the folios enclosed as the site for the City of Opa- locka's Health and Wellness Center. The full disclosure of the terms for this lease are enclosed. Financial Impact: There is no negative financial impact to the City to approve this resolution. Implementation Time Line: Immediately Legislative History: None Staff Recommendation: Staff recommends approval of this Resolution. Planning Council Recommendation: Resolution for Wellness Center Property Lease There is no Planning Council review for this item. Attachment(s) A Draft Copy of the Lease Agreement Copy of Miami -Dade County Property Profile Prepared By: Kelvin L. Baker Sr. City Manager Resolution to Accept the Bid for Surplus Properties - 1 Property Search Application - Miami -Dade County Page 1 of 1 It aF OFFICE THE P APPRAISER Summary Report Property Information Folio: 08- 2122 -026 -0010 Property Address: 14701 NW 27 AVE Owner MIAMI -DADE COUNTY PUBLIC HEALTH TRUST Mailing Address 1611 NW 12 AVE WEST WING 108 MIAMI, FL 33126 Primary Zone 7300 INDUSTRIAL - HEAVY MFG Primary Land Use A 8647 COUNTY: DADE COUNTY Beds / Baths I Half _- 0/010 Floors 1 Living Units 10 Actual Area Sq.Ft Living Area Sq.Ft Adjusted Area 44,959 Sq.Ft Lot Size ______ 78,822 Sq.Ft Year Built 1968 Assessment Information Year 2015 2014 2013 -and Value $378,346 $346,817 $472,932 3uilding Value $2,500,133 $2,439,214 $2,470,892 KF Value $485,263 $491,820 $498,379 Market Value T j $3,363,742 $3,277,851 $3,442,203 `►sassed Value $3,363,742 $3,277,851 $3,442,203 3enefrts Information ienefit :ounty Type 2015 Exemption ! $3,363,742 20141 2013 $3,277,8511 $3,442,203 lote: Not all benefits are applicable to all Taxable Values (i.e. County, iichool Board, City, Regional). Generated On :6/26(2015 Taxable Value Information 2015 2014 2013 County Exemption Value $3,363,742 $3,277,851 $3,442,203 Taxable Value $0 $0 $0 School Board Exemption Value $3,363,742 $3,277,851 $3,442,203 Taxable Value '�_ $0 $0 $0 _ City Exemption Value $3,363,742 ` $3,277,851 $3,442,203 Taxable Value $0 $0 �$01 Regional Exem tion Value $3,363,7421 $3,442,203 ITaxable Value $0; $0 $0 Sales Information ihort Legal Description Previous Sale ; Pricel OR Book -Page I Qualification Description ,LUMINUM INDUSTRIAL PARK PB78 -50 OTS 1 & 2 BLK 1 OT SIZE 78822 SQUARE FEET IR 125942522 0885 5 e Office of the Property Appraiser is continually editing and updating the tax roll. This website may not reflect the most current information on record. The Property Appraiser d Miami -Dade County assumes no liability, see full disclaimer and User Agreement at http:/A~. miamidede .govfinfb/disclaimer.asp p: / /www.miamidade.gov /propertysearch/ 6/26/2015 Property search Application - Miami -Dade County Page 1 of 1 OFFICE 0 THE P APPRAISER Summary Report Property Information Folio: 08- 2122 - 025 -0580 Property Address: -- Owner MIAMI -DADE COUNTY PUBLIC HEALTH TRUST Mailing Address 1611 NW 12 AVE WEST WING 108 MIAMI, FL 33136 -1096 Primary Zone 7300 INDUSTRIAL - HEAVY MFG Primary Land Use 8080 VACANT GOVERNMENTAL: VACANT LAND - GOVERNMENTAL Beds / Baths / Half i 0/0/0 Floors 0 Living Units 0 Actual Area 10 Sq.Ft Living Area 0 Sq.Ft Adjusted Area _ �0 Sq.Ft Lot Sae 43,000 Sq.Ft �- ^ IYear Built 0 Assessment Information Year 2015 2014 2013 Land Value $232,200 $328,950 $344,000 Building Value $0 $0 $0 XF Value $0 $0 $0 Market Value $232,200 $328,950 $344,000 Assessed Value $232,2001 $328,950 $344,000 Benefits Information Benefit Type 2015 2014 2013 County Exemption $232,200 $328,950 $344,000 Note: Not all benefits are applicable to all Taxable Values (i.e. County, School Board, City, Regional). Short Legal Description 5241 A LOCKA INDUSTRIAL PK PB 77 -73 T5BLK7 LOT SIZE 43000 SO FT OR 125942522 0885 5 Generated On: 6/2612015 Taxable Value Information 2015 2014 2013 County Exemption Value $232,200 $328,950 $344,000 Taxable Value $0 $0; $0 School Board Exemption Value $232,200 $328,9501 $344,000 Taxable Value $01 $0i _ _ �$0 City Exemption Value $232,200 i Taxable Value $0 $328,9501 $344,000 $0} $0 Regional Exemption Value _ $232,200 $328,950 $344,000 Taxable Value $0 _ _ $0 $0 Sales Information Previous Sale Price OR Book -Page Qualification Description The Office of the Property Appraiser is continually editing and updating the tax roll. This website may not reflect the most current information on record. The Property Appraiser and Miami -Dade County assumes no liability, see full disclaimer and User Agreement at http:// www. miamidade .govrnf6/disclaimer,asp Version: http: / /www.miamidade.gov /propertysearch/ 6/26/2015 Property Search Application - Miami -Dade County Page 1 of 1 OFFICE OF TH E PROPERTY P PR AISE R r_1 t►. Summary Report Property Information Folio: _ 08- 2122 025-0590 Property Address: —_– 2013 - - -- Owner M' IAMI -DARE COUNTY - - - - - -- PUBLIC HEALTH TRUST Mailing Address 1611 NW 12 AVE WEST WING 108 MIAMI, FL 33136 -1096 Primary Zone 7300 INDUSTRIAL - HEAVY MFG Primary Land Use 8080 VACANT GOVERNMENTAL: VACANT LAND - GOVERNMENTAL Beds / Baths / Half 0/0/0 Floor 0 Living Units 0 Actual Area 0 Sq.Ft Living Area 0 Sq.Ft Adjusted Area 0 Sq.Ft Lot Size 43,000 Sq.Ft — ^ Year Built 10 -.-- ___$0i Regional - _.— �.--- _____.__�_ Exemption Value _- - ^- $232,200 $212,850' $258,000 Taxable Value —$� - -- A_ --- $0' Assessment Information Year 2015 2014 2013 Land Value $232,200 $212,850 $258,000 Building Value - -_- $0 _ $0 $0 KF Value $0 $0 $0 Market Value $232,200 $212,850 $258,000 4ssessed Value 1 $232,200 $212,850 $258,000 3enef is Information 3enefd Type 2015 20141 2013 'ounty Exemption $232,2001 $212,850 $258,000 Vote: Not all benefits are applicable to all Taxable Values (i.e. County, ichool Board, City, Regional). >hort Legal Description I 25241 )PALOCKA INDUSTRIAL PK 77 -73 .OT 10 BLK 7 .OT SIZE 43000 SQ FT )R 12594 -2522 0885 5 Generated On :6/26/2015 Taxable Value Information 2015 2014 2013 County — Exemption Value $232,200 $212,850 $258,000 Taxable Value $0 $0 $0 School Board Exemption Value 1 $232,200 ^' $212,8501 $258,000 Taxable Value $0! $0 _ -$0 City Exemption Value -- $232,200 $212,850, $258,000 Taxable Value $0 .-- $0 i $0 -.-- ___$0i Regional - _.— �.--- _____.__�_ Exemption Value _- - ^- $232,200 $212,850' $258,000 Taxable Value —$� - -- A_ --- $0' Sales Information Previous Sale Price OR Book -Page Qualification Description ie Office of the Property Appraiser is continually editing and updating the tax roll. This website may not reflect the most current information on record. The Property Appraiser rd Miami -Dade County assumes no liability, see full disclaimer and User Agreement at hftp:/l www. miamidade .gov /info/disdaimer.asp arsion: tp: / /www .miamidade.gov /propertysearch/ 6/26/2015 LEASE AGREEMENT THIS AGREEMENT made on the day of , 2015, by and between MIAMI -DADE COUNTY, a political subdivision of the State of Florida, herein sometimes designated or referred to as the "COUNTY," or "LANDLORD" and City of Opa- Locka, a Florida Municipal Corporation of the State of Florida, hereinafter referred to as the "TENANT," WITNESSETH: That COUNTY, for and in consideration of the restrictions and covenants herein contained, hereby allows the TENANT and TENANT hereby agrees to use from COUNTY the Leased Premises described as follows: Approximately 164,822 square feet of land and building located at 14701 NW 27 Avenue, Opa- Locka, Florida. TO HAVE AND TO HOLD unto said TENANT for a term of thirty (30) years, commencing on the earlier of, (1) the effective date of the resolution of the Board of County Commissioners, or (2) January 1, 2016 (the "Effective Date ") and terminating thirty (30) years thereafter, for a total rental fee per year of One Dollar and 00/100 ($1.00) payable to the Internal Services Department, 111 NW 1St Street, 24th Floor, Miami, Florida 33128, or at such other place and to such other person as the COUNTY may from time to time designate in writing. Provided, however, that this Lease shall terminate Five (5) years from the Effective Date if the Leased Premises are not being used as provided in Article I herein. IT IS FURTHER MUTUALLY UNDERSTOOD AND AGREED BY THE RESPECTIVE PARTIES HERETO: LEASE AGREEMENT THIS AGREEMENT made on the / clay of _ /!� /'` , 2015, by and between MIAMI -DADE COUNTY, a political subdivision of the State of Flooi a, lierein sometimes designated or referred to as the "COUNTY;" or "LANDLORD" and City of Opa- Locka, a Florida Municipal Corporation of the State of Florida, hereinafter referred to as the "TENANT," 1111 NE4 SSE, TH: That COUNTY, for and in consideration of the restrictions and covenants herein contained, hereby allows the TENANT and 'TENANT hereby agrees to use from COUNTY the Leased Premises described as follows: Approximately 164,822 square feet of land and building located at 14701 NW 27 Avenue, Opa- Locka, Florida. TO HAVE AND TO HOLD unto said TENANT for a term of thirty (30) years, con:ulencing on the earlier of, (1) the effective date of the resolution of the Board of County Commissioners, or (2) January 1, 2016 (the "Effective Date ") and terminating thirty (30) }ears thereafter, fora total rental fee per year of One Dollar and 00/100 ($1,00) payable to the Internal Services Department, 111 NW I" Street, 24 "' Floor, Miami, Florida 33128, or at such other place and to such other person as the COUNTY may from time to time designate in writing. Provided, however, that this Lease Agreement shall terminate Five (5) years from the Hffective Date if the Leased Premises are not being used as provided in Article I herein. IT IS FURTHER MUTUALLY UNDERSTOOD AND AGRF.F,D BY THE RESPECTIVE' PARTIES HERETO: ARTICLE I USE OF LEASED PREMISES The area of the Leased Premises shall be used by TENANT solely for the purpose of a health and wellness center for maintaining the health and preventing diseases for the resident of Opa -Locks and to County in general. ARTICLE II CONDITION OF LEASED PREMISES TENANT hereby accepts the Leased Premises in its "AS -IS" condition, as of the date of the beginning of this Lease Agreement. ARTICLE III UTILITIES The TENANT, during the term hereof, shall pay all charges for utilities used by the TENANT at the Leased Premises and shall provide janitorial and custodial services as well as auxiliary services such as security services. ARTICLE IV MAINTENANCE The 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 Leased Premises. TENANT shall be responsible for and shall repair any damage caused to the Leased Premises as a result of TENANT OR TENANT's agents, employees, invitees, or visitors use of the Leased Premises, ordinary wear and tear excepted. COUNTY shall notify TENANT after discovering any damage which TENANT is responsible for repairing and TENANT shall make the necessary repairs promptly after said notice. Further, throughout the term of this Lease Agreement, the TENANT shall also be solely responsible for any and all repair, maintenance, and improvement to the Leased Premises, including, but not limited to, complying with the Americans with Disabilities Act (and /or any other law, rule, or regulation), as well as any 40 -Year Recertification requirement that might be imposed, or otherwise required, at any time during the term of this Lease Agreement, as well as addressing any and all groundwater or soil conditions, structural and /or foundation problems, and air and /or noise quality issues. 2 cW 17.1,-- , -"—rn v'C:- .O.! -,.YT F CZ, .,ei..- �..�.c ARTICLE V DESTRUCTION OF LEASED PREMISES In the event the Leased Premises should be destroyed or so damaged by fire, windstorm, or other casualty to the extent that the Leased Premises are rendered unleaseable or unfit for the purpose of TENANT, either party may cancel this Lease Agreement by the giving of Thirty (30) days prior written notice to the other. If the Leased Premises are partially damaged due to TENANT's negligence, but not rendered unusable for the purposes of this Lease Agreement, the same shall with due diligence be repaired by TENANT from proceeds of the insurance coverage and /or at its own cost and expense. If the damage shall be so extensive as to render such Leased Premises unusable for the purposes intended, but capable of being repaired within thirty (30) days, the damage shall be repaired with due diligence by TENANT from the proceeds of the insurance coverage policy and /or at its own cost and expense. In the event that said Leased Premises are completely destroyed due to TENANT's negligence, TENANT shall repair and reconstruct the Leased Premises so that they equal the condition of the Leased Premises on the date possession was given to TENANT. In lieu of reconstructing, TENANT shall reimburse COUNTY all expenses incurred by COUNTY in restoring the Leased Premises to their original condition. The election of remedies shall be at the sole discretion of COUNTY. ARTICLE VI ASSIGNMENT TENANT shall not sublet, transfer, mortgage, pledge, or dispose of this Lease Agreement or the term hereof, without COUNTY'S written permission, which permission shall not be unreasonably withheld. Notwithstanding the foregoing requirement of TENANT's obtaining the COUNTY'S written permission and without Iimiting such requirement, TENANT shall only be permitted to sublet this Lease Agreement to a not for profit corporation. ARTICLE VII NO LIABILITY FOR PERSONAL PROPERTY All personal property placed or moved in the Leased Premises above described shall be at the risk of TENANT or the owner thereof. COUNTY shall not be liable to TENANT for any damage to 3 C.'Jl.<•r�«+ :x+14 v��'terc•Jf� <.�tA"rJxF9 �vyl�imfl lfinun O. �c: 11SIJ.�)T,.CG!<= : <.tf•�rm..vfiC irgol Dp 4tls ds said personal property unless caused by or due to negligence of COUNTY, COUNTY's agents or employees, subject to all limitations of Florida Statutes, Section 768.28. ARTICLE VIII SIGNS Exterior signs will be of the design and form of letter to be first approved by COUNTY, the cost of painting to be. paid by TENANT. All signs shall be removed by TENANT at termination of this Lease Agreement and any damage or unsightly condition caused to Leased Premises because of or due to said signs shall be satisfactorily corrected or repaired by TENANT. ARTICLE IX COUNTY'S RIGHT OF ENTRY COUNTY or any of its agents shall have the right to enter said Leased Premises during all reasonable working hours, upon the giving of twenty -four (24) hours' prior notice, to examine the same or to make such repairs, additions, or alterations as may be deemed necessary for the safety, comfort, or preservation thereof. Said right of entry shall likewise exist for the purpose of removing placards, signs, fixtures, alterations, or additions which do not conform to this Lease Agreement, ARTICLE X PEACEFUL POSSESSION Subject to the terms, conditions, and covenants of this Lease Agreement, COUNTY agrees that TENANT shall and may peaceably have, hold, and enjoy the Leased Premises above described, without hindrance or molestation by COUNTY. ARTICLE XI SURRENDER OF LEASED PREMISES TENANT agrees to surrender to COUNTY, at the end of the term of this Lease Agreement or any extension thereof, said Leased Premises in as good condition as said Leased 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 excepted. 4 cm...r „�-, �rg:oe+'r.r�•e.K.eexY,.t -.yr +r�cnvnb,c xaoex�nanxret�,,. q,�i�.«e.c �pwov t�.t. Fx ARTICLE XII INDEMNIFICATION AND HOLD HARMLESS TENANT and the COUNTY do hereby agree to indemnify and hold harmless each other to the extent and within the limitations of Section 768.28, Florida. Statutes, subject to the provisions of that Statute whereby TENANT and the COUNTY shall not be held liable to pay a personal injury or property damage claim or judgments by any one person which exceeds the sum of $200,000 or any claim or judgments or portions thereof, which, when totaled with all other occurrences, exceeds the sum of $300,000, from any and all personal injury or property damage claims, liabilities, losses and causes of action which may arise solely as a result of the respective negligence of the COUNTY or TENANT. ARTICLE XIII LIABILITY FOR DAMAGE OR INJURY COUNTY shall not be liable for any damage or injury which may be sustained by any party or person on the demised Leased Premises other than the damage or injury caused solely by the negligence of COUNTY, its officers, employees, agents, invitees, or instrumentalities, subject to all limitations of Florida Statutes, Section 768.28. ARTICLE XIV 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. ARTICLE XV OPTION TO RENEW r: vJ...." �- s• •ty;n- .�et.=.•en,r„c"r.��e,.�, �.,,s r.,..u,�•.:r ..x- ,o,..,>:rmsruet..re �1y.,�..,e. c.,..i eN o;� ta+ -.ex Provided this Lease Agreement is not otherwise in default, TENANT is hereby granted the option to extend this Lease Agreement for two (2) additional ten -year (10) renewal option periods, by giving COUNTY notice in writing at least One Hundred Twenty (120) days prior to the expiration of the Lease Agreement or any extension thereof, under the same terms and conditions of the initial Lease Agreement. ARTICLE XVI NOTICES All notices or other communications which may be given pursuant to this Lease Agreement shall be in writing and shall be deemed properly served if delivered by personal service or by certified mail addressed to TENANT and COUNTY at the addresses indicated herein or as the same may be changed from time to time. Such notice shall be deemed given on the day on which personally served or if by certified mail, on the fifth day after being posted or the date of actual receipt, whichever is earlier. To City: City Manager City of Opa -Locka 780 Fisherman Street Fourth Floor Opa- Locka, Florida 33054 With Copies to: To County: County Mayor Stephen P. Clark Center 111 NW IA Street, Suite 2910 Miami, Florida 33128 With Copies to: Director Internal Services Depatiment 111 NW I" Street, Suite 2460 Miami, Florida 33128 ARTICLE XVII INSURANCE TENANT is self insured in accordance with and subject to the limitations of Section 768.28, Florida Statutes and shall provide evidence of acceptable self-insurance under the laws of the State of 6 CWv/—, v. l�- p:•! m' uwro:l taD eL: rl S�: y�cyfco.. 7F. 4.' Cnw, tO :a:�lV11�ETFFY,t.i- .,1gaa.<ully C....y lO,v (adudx Florida to the County's Department of Risk Management. TENANT represents that its self - insurance program covers actions to recover for injury or loss of property, personal injury or death caused by the negligent or wrongfiil acts or omission of its officers and employees. ARTICLE XVIII PERMITS, REGULATIONS & SPECIAL ASSESSMENTS TENANT covenants and agrees that during the term of this Lease Agreement TENANT will obtain any and all necessary permits and approvals and that all uses of the Leased Premises will be in conformance with all applicable laws, including all applicable zoning regulations. Any and all charges, taxes, or assessments levied against the Leased Premises shall be paid by TENANT and failure to do so will constitute a breach of this Lease Agreement. ARTICLE XIX ADDITIONAL PROVISIONS 1, Mechanic's, Materialmen's and Other Liens TENANT agrees that it will not permit any mechanic's, materialmen's or other liens to stand against the Leased Premises for work or materials furnished to TENANT; it being provided, however, that TENANT shall have the right to contest the validity thereof TENANT shall immediately pay any judgment or decree rendered against TENANT, with all proper costs and charges, and shall cause any such lien to be released off record without cost to COUNTY. 2. Non- Discrimination The Board of County Commissioners declared and established as a matter of policy, by Resolution No. 9601 dated March 24, 1964, that there shall be no discrimination based on race, color, creed, or national origin and Resolution No. 85 -92 dated January 21, 1992, that there shall be no discrimination on the basis of disability in connection with any County property or facilities operated or maintained under Lease Agreement, license, or other agreement fi•om MIAMI -DADE COUNTY or its agencies. TENANT agrees to comply with the intention of Resolution No. 9601 dated March 24, 1964 and Resolution No. 85 -92 dated January 21, 1992, involving the use, operation, and maintenance of the property and facilities included in this Lease Agreement. ARTICLE XX TERMINATION 1. Termination by COUNTY. The occurrence of any of the following shall cause this Lease Agreement to be terminated by COUNTY upon the terms and conditions also set forth below: A. Automatic Termination: 1) Institution of proceedings in voluntary bankruptcy by the TENANT. 2) Institution of proceedings in involuntary bankruptcy against the TENANT if such proceedings continue for a period of ninety (90) days. 3) Assignment by TENANT for the benefit of creditors. 4) Failure of TENANT to maintain its not - for - profit tax status. B. Termination after ten (10) calendar days from receipt by TENANT of written notice by certified or registered mail sent to TENANT for any of the following: 1) Non - payment of any sum or sums due hereunder after the due date for such payments; provided, however, that such termination shall not be effective if TENANT makes the required payment(s) during the ten (10) calendar day period fiorn date of the written notice. 2) Notice of any condition posing a threat to health or safety of the public or patrons and not remedied within the ten (10) calendar day period from date of written notice. C. Termination after fourteen (14) calendar days from receipt by TENANT of written notice by certified or registered mail sent to the TENANT for the following: 1) Non - performance of any covenant of this Lease Agreement other than non - payment of rent and others listed in A and B above, and failure of the TENANT to remedy such breach within the fourteen (14) calendar day period from receipt of the written notice, or where a court finds that the TENANT has brought a frivolous and /or baseless claim or defense. S C•U:..t �v. lyyd�' lsc�• J' r.. Y.�S�I..Jc.J7r�.%.+-.pJcr..nf� .• rxO.��:Nf7r'E7FA "CLe+er.fyrrn:N lr G.- .ywJO�L iw6r D. A final determination in a court of law in favor of the COUNTY in litigation instituted by the TENANT against the COUNTY, or brought by the COUNTY against TENANT (termination shall be at the option of the COUNTY). E. COUNTY, through its County Mayor or Mayor's designee, shall have the right to terminate this Lease Agreement or any portion thereof, at any time, and for any reason whatsoever, by giving the TENANT one hundred eighty (180) calendar days written notice of such termination prior to its effective date. Should the term of this Lease Agreement, at the time the COUNTY elects to provide the TENANT with notice of termination, be equal to or less than one hundred eighty (180) calendar days, then notice shall be commensurate with the remaining term of this Lease Agreement. 2. Termination by TENANT. The TENANT, shall have the right to cancel this Lease Agreement at any time by giving the COUNTY at least thirty (30) calendar days written notice prior to its effective date. ARTICLE XXI GOVERNING LAW This Lease Agreement, including any exhibits, or amendments, if any, and all matters relating thereto (whether in contract, statute, tout or otherwise) shall be governed by and construed in accordance with the laws of the State of Florida. ARTICLE XXII HOLDOVER If TENANT, with COUNTY'S consent, remains in possession of the demised premises after expiration of the term and if COUNTY's and TENANT have not executed an expressed written agreement as to such holding over, then such occupancy shall be a tenancy from month to month at a monthly rental for the first month, after expiration of the term, equivalent to one hundred percent (100 %) of the monthly rental in effect immediately prior to expiration, such payments to be made as 9 herein provided. hi the event of such holding over, all of the terms of the Lease Agreement including the payment of all charges owing hereunder other than rent shall remain in force and effect on said month to month basis. ARTICLE X.X111 WRIT °I'EN AGREEM EN'J' This Lease Agreement contains the entire agreement between the parties hereto and all previous negotiations leading thereto. IN WITNESS WHEREOF, COUNTY and TENANT have caused this Lease Agreement to be executed by their respective and duly authorized officers the day and year first above written. CITY OIL OPA• -LOCI' , A FLORIDA MUI*7IC l C(� PORATION ATTEST: . BY: CI'T'Y CLERK CITY MANAGI?R APPROVED AS TO FORM AND APPR(WHI) AS TO INSURANCE` CORRECTNESS: REOUIRt3MPN`I'S: BY:, BY: ` CITY ATTORNEY RISK MANAGEMENT DtRh�CTOR (OFFICIAL SEAL) ATTEST: ,.t ; . MIAMI -DADE COUNTY FLORIDA BY ITS BOARD OF HARVEY RUVIN ; GLEfflK f `'.� ''. ` r COUNTY COMMISSIONERS DRPUTY-CLERIC CARLOS A. GIM NEZ J COUNTY MAY R W ew,:.: � r.;.,n- .v�:v,,. . ,1. Y -:;r,• tlrvr tr,uec,•.�.,.r,r,�- ..- r�a•d,tr C