98-021 RESOLUTION NO. 98-21
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA AUTHORIZING THE CITY
MANAGER TO EXECUTE THE ATTACHED AGREEMENT
BY AND BETWEEN THE CITY OF AVENTURA AND
MIAMI-DADE COUNTY AND/OR MIAMI-DADE COUNTY
FIRE RESCUE BOARD FOR A FIRE RESCUE FACILITY;
AUTHORIZING THE CITY MANAGER TO DO ALL THINGS
NECESSARY TO CARRY OUT THE AIMS OF THIS
RESOLUTION; AND PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. The City Manager is hereby authorized to execute the attached
Agreement by and between the City of Aventura and Miami-Dade County and/or Miami-
Dade County Fire Rescue Board to assign the Lease Agreement entered into by Point
East for certain leased premises located at 2601 Point East Drive, Aventura, Florida, to
be utilized as a Fire Rescue substation.
Section 2. The City Manager is hereby authorized to do all things necessary
to carry out the aims of this Resolution.
Section3. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by Councilmember Perlow, who moved its
adoption. The motion was seconded by Councilmember Berger, and upon being put to
a vote, the vote was as follows:
Councilmember Arthur Berger yes
Councilmember Ken Cohen yes
Councilmember Harry Holzberg yes
Resolution No. 98-2!
Page 2
Councilmember Jeffrey Perlow yes
Councilmember Patricia Rogers-Libert yes
Vice Mayor Jay R. Beskin yes
Mayor Arthur I. Snyder yes
PASSED AND ADOPTED this 17th day of February, 1998.
ARTHUR I. SI~'YD~E, MAYOR
ATTEST:
TERESA M. SMITH, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CI~ -- -
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AGREEMENT BETWEEN MIAMI-DADE COUNTY AND THE CITY OF
AVENTURA FOR FIRE RESCUE FACILITY
THIS AGREEMENT made this day of , 19 , by and between
MIAMI-DADE COUNTY, a political subdivision of the State of Florida, herein called the "COUNTY,"
and the CITY of AVENTUR& a municipal corporation of the State of Florida, herein called the "CITY."
WITNESSETH:
WHEREAS, the City of Aventura has chosen Miami-Dade Fire Rescue to be their emergency
service provider; and
WHEREAS, Miami-Dade County has determined the need for additional fire rescue service in the
southern portion of the City of Aventura; and
WHEREAS, both parties are desirous of the City of Aventura entering into a Lease Agreement
with the Point East (One, Two, Three and Four) Condominium Corporation, Inc. (collectively hereinafter
referred to as "Point East") to provide a fire rescue facility; and Miami-Dade County to accept an
assignment of said Lease Agreement, a copy of which is attached as Exhibit A;
NOW, THEREFORE, in consideration of the restrictions and covenants herein contained, it is
agreed as follows:
1. Purpose: The purpose of this Agreement is to state the terms and conditions under which the
COUNTY shall accept the assignment of the Lease Agreement entered into by the CITY with Point East
for certain leased premises located at 2601 Point East Drive, Aventura, Florida 33180.
Property # 2210-00-00
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2. Assignment and Acceptance: Subject to the terms and conditions of this Agreement, CITY does
hereby assign, transfer and set over to COUNTY, without recourse and without representation or
warranty of any kind or nature whatsoever, expressed or implied, all of the CITY's rights, title and
interest in and to the Lease Agreement. Subject to the terms and conditions of this Agreement COUNTY
hereby accepts the assignment of the Lease Agreement and assumes all of the CITY's obligations
thereunder and agrees to perform and keep ail the terms, conditions, covenants, agreements, liabilities and
obligations to be performed thereunder from and after the date hereo£
3. Indemnification and Hold Harmless: In connection with the Lease Agreement occurring subsequent to
the date hereof, COUNTY does hereby agree to indemnify and save CITY harmless, to the extent of
limitations included within Florida Statutes, Section 768.28, from any and ail claims, liability, losses and
causes of action, including attorney's fees and costs incidentai thereto (at both the trial and appellate
levels), which may arise solely as a result of COUNTY's negligence. However, nothing in this article
shall indemnify CITY for any liability or claim arising out of the negligent performance or failure of
performance required of CITY or as a result of the negligence of any third party. In connection with the
Lease Agreement occurring subsequent to the date hereof, CITY does hereby agree to indemnify and
save COUNTY harmless, to the extent of limitations included within Florida Statutes, Section 768.28,
from any and all claims, liability, losses and causes of action, including attorney's fees and costs incidental
thereto (at both the triai and appellate levels), which may arise solely as a result of CITY's negligence
However, nothing in this article shail indenmify COUNTY for any liability or claim arising out of the
negligent performance or failure of performance required by COUNTY or as a result of the negligence of
any third party.
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4. Cancellation: Pursuant to the Lease Agreement the COUNTY retains the right to cancel the Lease
Agreement and relocate the services provided from the leased premises based on operational needs. If
COUNTY exercises the right of cancellation, COUNTY shall, through its County Manager or his
designee, provide the CITY at least sixty (60) days written notice, prior to its effective date.
If the CITY ceases to use the Miami-Dade Fire & Rescue Department as their emergency service
provider during the initial term of the subject Lease Agreement, then the CITY shall reimburse the
COUNTY the unamortized actual out of pocket costs to improve the premises which is the subject of the
assigned Lease Agreement, but in no event shall the reimbursement exceed Seventy-Five Thousand
Dollars ($75,000.00). Such cost shall be amortized equally over the sixty (60) month period of the initial
term of the Lease Agreement.
5. Notices: It is understood and agreed between the parties hereto that all notices shall be written and
shall be sent by certified or registered mail, return receipt requested, first class, postage prepaid and
addressed as follows:
COUNTY: CITY:
Real Estate Management Section .City of Aventura
Facilities Planning and Development Division 2999 N.E. 191 Street, Suite 500
General Services Administration Aventura, Florida 33180
111 N.W. First Street, Suite 2460 Attn: City Manager
Miami, Florida 33128
6. Written Agreement: This Agreement contains the entire agreement between the parties hereto, and it
may be modified only by resolutions approved by the Board of County comnussioners and the City of
Aventura Commission, respectively.
IN WITNESS WHEREOF, COUNTY and CITY have caused this Agreement to be executed by
their respective and duly authorized officers the day and year first above written.
CITY OF AVENTURA
(OFFICIAL SEAL)
¥.
70.)~ " Eric M. Soroka
By: ~ (J~ City Manager
City Clerk
Approved by City Attorney as to
form and legal sufficiency:
(OFFICIAL SEAL)
ATTEST: DADE COUNTY, FLORIDA
BY ITS BOARD OF
HARVEY RUVIN, CLERK COUNTY COMM/SSIONERS
By: By:
DEPUTY CLERK Armando Vidal, P.E.
County Manager (COUNTY)
Approved by County Attorr~ya~ tt~
form and legal sufficiency:
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Dorm Dorm
Kitchen
Day Room Dorm Dorm
Dining area
41.75'
Bunker Gear Lockers
Excercise (///'"- ~'~ EMS Office
Area Storage Watch office Storage
Lobby
PROPOSED FIRE RESCUE STATION
AVENTURA SOUTH
2601 Point East Drive