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HomeMy WebLinkAboutR-2015-005 - Authorizes execution of a lease for a portion of the Dania Beach City Administration Building with Florida State Representative Joseph S. Geller, subject to certain conditions RESOLUTION NO. 2015-005 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE A LEASE FOR A PORTION OF THE DANIA BEACH CITY ADMINISTRATION BUILDING WITH FLORIDA STATE REPRESENTATIVE JOSEPH S. GELLER, SUBJECT TO CERTAIN CONDITIONS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH,FLORIDA: Section 1. That the proper City Officials are authorized to execute a lease between the City of Dania Beach and Florida State Representative Joseph S. Geller, a copy of which lease is attached as Exhibit"A". Section 2. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 3. That this Resolution shall be in force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED on January 27, 2015. ATTEST: LOUISE STILSON, CMC 4O A. SALVINO, SR. CITY CLERK MAYOR APPROVED AS TO 1 ORM AND CORRECTNESS: THO S J. SBRO CITY ATTORNEY LEASE This is a LEASE, entered into between: the City of Dania Beach, a Florida corporation ("LANDLORD" or "CITY"), and 2015 Florida State Representative Joseph S. Geller, an individual, and a member of the 2015 Florida Legislature, ("TENANT"). It is effective beginning on February 1, 2015, for a period of time not to exceed one(1)year. In consideration of the mutual covenants contained in this Lease, it is mutually agreed upon by and between the Parties, for good and valuable consideration, the adequacy and receipt of which are agreed upon, as follows: 1. DESCRIPTION, TERM AND RENT: LANDLORD leases to TENANT approximately Eight Hundred Fifty (850) square feet of office space as more particularly described in Exhibit "A", attached to and incorporated into this Lease, located at 100 W. Dania Beach Boulevard, in the City of Dania Beach (the "Premises"), for a one (1) year term as set forth above. This Lease may be renewed or extended by the parties in writing beyond the termination date if the TENANT is re- elected to state office. LANDLORD reserves the right to terminate the Lease without cause with sixty (60) days advance written notice to TENANT. TENANT agrees to pay to LANDLORD Three Hundred Twenty Five Dollars ($325.00) each month during the term. Rent shall be payable to the City of Dania Beach, c/o its Finance Department, 100 W. Dania Beach Boulevard, Dania Beach, FL 33004, in advance, without demand, on the fifteenth (15t') day of each month during the term. This Lease is conditioned upon TENANT remaining a member of the Florida Legislature. In the event TENANT resigns or his status as a member of the Legislature terminates, this Lease shall immediately terminate and TENANT shall have ten (10) days from the date of termination to vacate the Premises. 2. PARKING FACILITIES: LANDLORD agrees that it will provide non-exclusive parking facilities adjacent to the location of the Premises (which are located in the Dania Beach City Hall) to accommodate TENANT'S employees, constituents and guests. 3. USE OF PREMISES: TENANT may use and occupy the Premises for the conduct of legislative affairs in connection with TENANT'S position as a member of the Florida Legislature. No other activity, such as personal or business activities, shall be permitted or carried on in or upon the Premises, other than matters related to TENANT'S position as a state legislator. No act or thing shall be permitted and no thing shall be kept in or about the Premises which will increase the risk of hazard of fire, and no waste shall be permitted or committed upon or any damage done to the Premises. TENANT shall not use or occupy or permit the 2 RESOLUTION#2015-005 Premises to be used or occupied in any manner by any other person which will or may violate any laws or regulations of any governmental authority of any kind, including the CITY as LANDLORD. 4. UTILITIES AND OTHER SERVICES All utilities services, with the exception of telephone services and data communication services, shall be included in the monthly rent. TENANT shall be responsible for his own telephone service, including local and long distance calls, and for the establishment of data and any other communication services. 5. ALTERATIONS AND IMPROVEMENTS Unless otherwise prohibited by the terms of this Lease, TENANT may, at his own expense, make such non-structural changes, alterations, additions and improvements to the Premises as he may deem necessary. TENANT may remove all personal property from the Premises upon the termination of this Lease; provided, however, that the Premises shall be restored to their original pre-lease condition, normal wear and tear excepted. Any fixtures that are installed may only be removed if approved in advance in writing by LANDLORD. A "fixture" is any item attached in any way to the Premises which cannot be removed without damage, even if minimal, to the floors, walls and ceilings of the Premises. 6. HOLD OVER BY TENANT: TENANT may hold over and remain in possession of the Premises after the expiration of this Lease only with the written approval of the LANDLORD. In no event shall a hold over be deemed or construed as a renewal or extension of this Lease, but it shall operate as a month-to- month tenancy upon the same terms and conditions as are set forth in this Lease, and the Lease may be terminated by either party at the end of any month upon thirty (30) days' prior written notice by certified U.S. mail to the other. 7. ASSIGNMENT OR SUBLETTING: TENANT shall not assign or sublet any portion of the Premises. 8. SURRENDER UPON TERMINATION: TENANT agrees that upon expiration of the Lease term, or upon the termination of the Lease for any cause, he will, upon personal hand delivery or written notification by certified U.S. mail, surrender and deliver the Premises to LANDLORD. TENANT further agrees to allow representatives of LANDLORD to inspect the. Premises to determine that the Premises are in the same state and condition as they were at the time they were leased to TENANT, subject to reasonable wear and tear. 3 RESOLUTION#2015-005 9. RECOVERY OF POSSESSION ON DEFAULT: In the event any rent shall be in default and unpaid after thirty (30) days from the due date, LANDLORD will give TENANT notice of such fact by personal hand delivery or by certified U.S. mail, and only if TENANT shall fail to remedy such default within fifteen (15) days after receipt of such notice will LANDLORD have the right to institute proceedings for the recovery of possession of the Premises. 10. PERSONAL PROPERTY: TENANT agrees that all personal property placed on and within the Premises shall be at the risk of TENANT. LANDLORD is not obligated to provide security for the Premises. 11. INSPECTION: LANDLORD, through its duly authorized agents, as identified by written notice to TENANT, may enter the Premises upon reasonable advance notice to TENANT to examine same or to make needed repairs to the Premises. 12. FIRE OR OTHER CASUALTY: In the event of damage to the Premises or any part of them during the Lease term by fire or other cause, TENANT shall give immediate notice of such fact(s)to LANDLORD. The Premises shall be repaired immediately at the expense of the LANDLORD. If the Premises are rendered untenantable by any other cause, all rental payments shall cease until the Premises are repaired and made suitable for TENANT'S use; provided, however, that LANDLORD is not obligated to restore the Premises so that they are available for continued use by TENANT. If the Premises are destroyed, this Lease shall terminate and TENANT shall have no further liability. 13. REPAIRS: LANDLORD covenants to keep the Premises in good structural repair. LANDLORD shall maintain and keep in good repair the roof, outside walls, stairs, interior walls, floors, windows, ceilings, sprinkler and hot water systems, heating and air conditioning systems, plumbing, and electrical wiring. LANDLORD shall also make any repairs necessitated by water seepage or by other causes which are not under TENANT'S control. LANDLORD shall also make all repairs or changes which may be necessary to make the Premises and the use of them comply with applicable laws, ordinances, orders or regulations of any governmental entity, including the CITY as the LANDLORD. 14. WAIVER: Failure of either party to insist upon strict performance of any covenant or condition of this Lease, or to exercise any right or option contained in it, shall not be construed as a waiver or relinquishment for the future of any such covenant, condition or right but the same shall remain 4 RESOLUTION#2015-005 in full force and effect. None of the conditions, covenants and provisions of this Lease shall be waived or modified except in writing by the Parties. 15. RADON GAS: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risk to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from the Broward County Public Health Unit. 16. NOTICES: Any notice or demand, which, under the terms of the Lease or by any statute or ordinance, must or may be given or made by a parry, shall be in writing and shall be given by either personal hand delivery to TENANT or any of his agents or employees who work at the Premises, or by certified U.S. mail sent to the other parry at the addresses identified below. Notice to TENANT shall be addressed to: State Representative Joseph S. Geller With a copy to: State Representative Joseph S. Geller 402 South Monroe Street Tallahassee, Florida 32399-1300 Notice to the LANDLORD shall be addressed to: City Manager City of Dania Beach 100 W. Dania Beach Boulevard Dania Beach, FL 33004 With a Copy to: City Attorney City of Dania Beach 100 W. Dania Beach Boulevard Dania Beach, FL 33004 17. PRIOR AGREEMENTS: 5 RESOLUTION#2015-005 This document incorporates and includes all prior negotiations, correspondence, conversations, agreements, and understandings applicable to the matters contained in it and the parties agree that there are no commitments, agreements or understandings concerning the subject matter of this Lease that are not contained in this document. Accordingly, the parties agree that no deviation from the terms of this Lease shall be predicated upon any prior representations or agreements, whether oral or written. It is further agreed that no modification, amendment or alteration in the terms or conditions contained in it shall be effective unless contained in a written document utilizing the same formalities as were used in the execution of this Lease. 18. APPLICABLE LAW AND VENUE: This Lease shall be interpreted and construed in accordance with and governed by the laws of the State of Florida. Venue for litigation concerning this Lease shall be in Broward County, Florida. Both parties agree to waive jury trial, and will proceed to a trial by judge if necessary. Should the parties be involved in legal action arising under or connected to this Lease, each party will be responsible for its own attorney fees and costs. 19. CONDEMNATION: LANDLORD reserves to itself, and TENANT assigns to LANDLORD, all right to damages accruing on account of any taking or condemnation of all or any part of Premises, or by reason of any act of any public or quasi-public authority for which damages are payable. TENANT agrees to execute such instruments of assignments as may be required by LANDLORD, to join with LANDLORD in any petition for the recovery of damages, if requested by LANDLORD, and to turn over to LANDLORD any such damages that may be recovered in any such proceeding. LANDLORD does not reserve to itself, and TENANT does not assign to LANDLORD, any damages payable for any trade fixtures installed by TENANT at its cost and expense which are not part of the realty, or for any damages for interruption to the business of TENANT which do not compensate loss of real property or any interest in such property. 20. THIRD PARTY BENEFICIARIES: Neither LANDLORD nor TENANT intends to directly or indirectly benefit a third party by this Lease. Therefore, the parties agree that there are no third parry beneficiaries to this Lease and that no third party shall be entitled to assert a claim against either of them based upon this Lease. The parties expressly acknowledge that it is not their intent to create any rights or obligations in any third person or entity under this Lease. 21. COMPLIANCE WITH LAWS: TENANT shall comply with all federal, state, and local laws, codes, ordinances, rules, and regulations in performing its duties, responsibilities, and obligations related to this Lease, including those of the City of Dania Beach, Florida. RESOLUTION#2015-005 22. SEVERANCE: In the event this Lease or any portion of it is found by a court of competent jurisdiction to be invalid, the remaining provisions shall continue to be effective unless TENANT or LANDLORD elects to terminate this Lease. Any election to terminate this Lease based upon this section shall be made within seven(7) days after the finding by the court becomes final. 23. PRIORITY OF PROVISIONS: If there is a conflict or inconsistency between any term, statement, requirement, or provision of any exhibit attached to this Lease or any document or events referred to in it, or any document incorporated into this Lease by reference and a term, statement, requirement, or provision of this Lease, the term, statement, requirement or provision contained in this Lease shall prevail and be given effect. 24. OTHER PROVISIONS: a) The parties agree that the Premises shall not be open to the public. b) The parties agree that no more than a maximum of five (5) persons at any one time shall occupy the Premises. c) The parties agree that the TENANT must meet with any visitors or members of the public in an office or meeting space that meets ADA standards for accessible design. The parties agree that the TENANT must arrange in advance with LANDLORD, to ensure that advance accommodation for any such meeting is pre-arranged by the TENANT'S staff with City staff, so that such meeting can be held in a location in City Hall, located at the address first specified above. Any additional provisions entered into at the time of execution of this Lease shall require approval of the parties by initialing at the bottom of any additional pages(s), which must be affixed to the Lease. (Remainder of this page intentionally left blank) 7 RESOLUTION#2015-005 IN WITNESS OF THE FOREGOING, LANDLORD and TENANT have executed this Lease on the dates shown below, and effective on the date first appearing above. CITY: CITY OF DANIA BEACH,FLORIDA, a Municipal corporation. ATTEST: LOUISE STILSON, CMC MARCO A. SALVINO, SR. CITY CLERK MAYOR DATE: APPROVED AS TO LEGAL FORM: THOMAS J. ANSBRO ROBERT BALDWIN CITY ATTORNEY CITY MANAGER DATE: 8 RESOLUTION#2015-005 Signed, sealed and delivered TENANT in the presence of: Signature of Witness Signature Joseph S. Geller PRINT Name of Witness PRINT Name Florida State Representative Signature of Witness Title DATE: PRINT Name of Witness The foregoing instrument was acknowledged before me on , 2015, by State Representative Joseph S. Geller, who is personally known to me or has produced as identification and did/did not take an oath. Notary Public My Commission Expires: 9 RESOLUTION 42015-005 nOT TO SW le- 'A PPRox sct ' goo f LQ Lu i C6 v 7 Y cr) cr - 60 10 �1 I =o c-6 10 RESOLUTION#2015-005