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Home My WebLink AboutSEOPW-CRA-M-96-0003v CITY OF MIAMI, FLORIDA i r a INTER -OFFICE MEMORANDUM TO: Board of Directors DATE: May 20,1996 FILE : Community Redevelopment Agency SUBJECT: Costs Estimates for New Office Space FROM: ., .. it",�REFERENCES Herbert J. Executive ENCLOSURES: The attached are the three cost estimates for the interior improvements of the new CRA offices in the Citadel Building. The Shawe-Ager Construction Company, the building's original contractor, has submitted the lowest bid at $133,795. In addition, the CRA has estimated the cost of certain rrmdular partitions, cubicals, office furniture, and carpeting at approximately $62,000. All communications/telephone related costs will be obtained by the City's Communications Office. Should you have any questions, please advice. Enclosures 96- K1 4 CONSTRUCTION BID Pu THE COMMUNITY ICI QEV1..,.OP'WIBtV7' ACaENCY 0 THE CITADEL. BUILDING Rem -No. Item Qe_scli tion Cost 1 Permits &_any and all fees By Owner 2 supervision 6,000.00 3 Pro./final cleanup 1,200.00 4 Trash removal 1,035.00 5 Finish ca ntry 1,100.00 6 Cabinets (uppqE& lower) 11650.00 7 Insulation 4,900.00 6 .Roof patching 450.00 9 3M fine collar 75.00 10 Gla2yglazlng 2,595.00 11 Metal frames 762.00 12 Wood doors 1,655.00 13 Hdwr 1.915.00 14 Panelfold door 4,090.00 15 D allflramlng 32.500.00 16 Acoustioal 7,780.00 17 lPaInting 4,100.00 18 Si na e By owner 19 Plumbin allowance 500,00 20 HV'AC 19,740.00 21 Fire Sprinkler 3,600.00 22 Fire extinguishers 200.00 23 Electrical 21,585.00 24 Light fixtures(allowance) 4.200.00 25 Subtotal 121,632.00 26 Overhead & Profit 12,163.00 27 Total $133.796.00 fn: crabid BID SENT 6Y SHAWE AGER CONSTRUCTION, INC. 95— CHISHOLM BROTHERS, INC. 1875 N. E. 168th Street North Miami Beach, Fla 33162 ,TE LICENSE- GENERAL & HVAC CONTRACTOR rY LICENSE -GENERAL ENGINEERING CONTRACTOR Proposal Submitted To CG C807M CA CO2 $2 E94302 Date: May 14, 1996 Work to be Performed At City of Miami, Community Redevelopment Agency Citadel Building 300 Biscayne Blvd. Way, Suite 400 City of Miami Miami, Florida Miami, Florida We hereby propose to fiunish the materials and perform the labor necessaryfor the completion of the following: SCOPE OF WORK PER PLANS AND SPECIFICATIONS EXCLUSIONS* NO CABINETS, PLUMBING, FLOOR COVERING, BASE, AND OPENINGS IN ROOF NOTE: ALL ITEMS NOT SPECIFIED ON TILE PLANS ARE TO BE STANDARD INDUSTRY QUALITY. S4,000 ELECTRIC FIXTURE ALLOWANCE INCLUDED IN THIS BID PRICE. USE OF EXISTING CONDENSER STAND ON ROOF. USE OF FIBERGLASS DUCTWORK All material is guaranteed to . be as specified, and the above work tb be performed in accordance with the drawings and specifications submitted for above work and completed in a substantial workmanlike manner for the sum of ONE HUNDRED FIFTY FIVE 3MUSAND O FD FORTY ONE Br. NO/100 (1 5.141 pp) with payments to be made as follows: UPON INVOICE Respectfully submitted INC. ACCEPTANCE OF PROPOSAL The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payments will be made as outlined above. Date Signature_ Signature. 96- 3 m Harrison Construction Corpotation COMMTJMY REDEV'EILOPMEW AGENCY 5/17/96 CONSTRUMON BUDGET CSI NO, CATEGORY-IMG'ET PIUCE 01000 GENERAL CONDMONS $ 26,270.00 06100 CARPEN'i:'RY S 6,500.00 09100 BMDP 1 DOORS $ 3,480.00 OS200 SMMRONT $ 4,800.00 08700 HARDWARE ALLOWANCE $ 3,250.00 09200 ACOMMAL CEILING S 8,700.00 092$0 DRYWALL (01MM WALLS) $ 18,350.00 MYWALL (DS O' WALL) $ 6,400.00 09900 PAR;MG $ 5,680.00 10522 ME PROT.P=ON $ 750.00 15300 FIR$ SPRINKLER ALLOWANCE $ 4,100.00 15400 PLMOtRGALLOWANCE $ 4,000,00 15500 IiVAC ALLOWANCE $ 22,040.00 16200 ELECTRICAL ALLOWANCE $ 69,500.00 TOTAL CONSTRLLCI^)CON BUDOTsT EXCLIJ.Slw OF FDMD FEE $ 185,820.00 FMD IME $ 24,000.00 TOTAL RUDGET $ 209.820.00 000 N.W. 54th Street, Miami, Florida 33127 . Phone: 305, 757-0621 Fax. 305/ 759-4011 X 000164 CGC o01212 CCC 009122 rGr 0"4 s2 ('GC Atb2] N 96- 3 L E A S E A G R E E M E N T LESSOR: CITADEL ARENA CORPORATION, a Florida corporation LESSEE: SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF MIAMI TYPE OF BUSINESS: OFFICES LOCATION: 49 N. W. 5TH STREET MIAMI, FLORIDA SUITE (THIRD FLOOR] TERM: FIVE (5) YEARS, WITH THREE (3) FIVE (5) YEAR RENEWAL OPTIONS 96- 3 i S BLS OF COI1`�E� SOUTHE OF -r-'_" ENA CORPOV'TNC pF THE CITY CIT�}EL �LOpMENT i AGREEME WEST' CO- Wg%ITY REDE 1 x'EP'RTpWN I pAg.K • 2 O �I dated 2 3 Lp,SED PLEAE SS ' ••• ••• .. .• •'. •�, •, •. •• ••• •', "•. •. •: ••• •'. '• .' 4 E gM F 2 TN(3AL ROPTIONS• - •' • 5 4. gENEWALEASE ` 6 GROSS PREMISES MEI`iTS 6 5 ` USE E OLD IMPR•O rovements ? 6 • .LB H or, Imp ve t - 8 p,.S s s o Men ' (a) Lessee`s IMPr 8 L 8 - ?Y, Lessor is s• gepayra. s `` %OVAL• BY LESSEE $ , 2 8.1 Lessee gOp R.TY AND RE 9 E ' UTCE pEgSONAC P LIEN?TY AND INS 0 9• S 1 0 • MECHAN is I1NDE� 10 11. 11. "Indemnity Coverage STGT11 11.1 Insurance 11rance 11 11 .3 Lessor s f gubrogatNG - - 11 11.4 Waiver ° SU$LE,TTI • 12 11 SENT - - 13 12 • PS SOLVENCY •• •, .. •• . '• ', •- 14 3 IN T - fault 14 l4 , DEFAULesseer s Default • 15 14.1 Lessor's PVICEs - _ 15 4 D N 16 15. IF UTILIT AND NSPECAND .wIES ' 16 6 . ENTRY t S TITLE - 17 17 . CEOND PATIO pe' anent nt 18 1g, Total �rmane 1 18.1 partial�Peorary 19 18.2 Total_TeT Mpora • 20 20 18• A-r tr d Condemrt3naty�n• - 21 18 pro-pose21 18 •6 N gTUR.BANCE •• •• - 21 9 • 14014 DI T� GATIONS . 21 20. CASU ocAL OBLI• - 22 gECIP - 22 22`• CAPTTE PAgTs •• '• '• '• "• '• 22 23 . SE gABILIT INTEREST • - N 24. pAgTIES I EEMENT 25 ' ENTIgE AGRLAW 26• GOVERNIN 27. TIME i 28 • ► 91, 2 9 . GENDER . . . . . . . . . . . . . . . . . . . . . . . . . 22 30. NOTICES . . . . . . . . . . . . . . . . . . . . . . . . 22 31. BROKER . . . . . . . . . . . . . . . . . . . . . . . . . 23 32. ALLOWANCE OF ATTORNEY'S FEES . . . . . . . . . . . . . . 23 33. CONSENTS . . . . . . . . . . . . . . . . . . . . . . . . 23 34. RIGHT TO PERFORM LESSOR'S COVENANTS . . . . . . . . . . 24 35. CONFIDENTIALITY . . . . . . . . . . . . . . . . . . . . 24 36. PARKING . . . . . . . . . . . . . . . . . . . . . 24 36.1 Assigned Parking . . . . . . . . . . . . . . . . . 24 36.2 No Flooding . . . . . . . . . . . . . . . . . . . . 25 37. RIGHT OF FIRST REFUSAL . . . . . . . . . . . . . . . . . 25 38. STANDARDS OF MANAGEMENT AND OPERATION . . . . . . . . . 26 39. RADON GAS . . . . . . . . . . . . . . . . . . . . . . . 27 40. CONSENT . . . . . . . . . . . . . . . . . . . . . . . . 27 41. LICENSE . . . . . . . . . . . . . . . . . . . . . . . . 27 EXHIBITA .................. 1 page ...................... EXHIBIT B ...................1 page ...................... EXHIBIT C ...................1 page ...................... EXHIBIT D ...................1 page ...............`...... ADDENDUM ....................3 pages ..................... ii 96- 3 LEASE AGREEMENT THIS LEASE AGREEMENT made as of this day of 1-996, by and between CITADEL ARENA CORPORATION, a Florida corporation ("Lessor"), and SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF MIAMI, ("Lessee"). 1. LEASED PREMISES. In consideration of the mutual covenants and agreements contained herein, Lessor hereby leases to Lessee, and Lessee leases from Lessor the premises shown on the outline attached hereto as Exhibit A (the "Premises"), comprised of approximately 4,4-0O'usable square feet, which Premises are on the third floor of that certain office building (the "Building"), the address of which is 49 N.W. 5th Street, Miami, Florida, and the legal description of which is attached hereto as Exhibit B (the Building and the real property on which it is located being herein sometimes collectively referred to as the "Project"). Prior to the Commencement Date set forth in Section 2, below, Lessor shall furnish to Lessee a certificate of Lessor's architect confirming the usable square footage of the Premises and the Building, in accordance with current BOMA/ANSI/Z65.1 1980 standards. To the extent such certificate shall disclose a measurement of usable square footage which differs from the figure set forth above, the Annual Rent set forth herein shall be recomputed, as the product of $16.00 times the actual total usable square footage of the Premises; provided, however, that if such measurement shall disclose that the usable square footage is greater than 4,620 usable square feet, Annual Rent shall 1 96- 3 be adjusted as if the usable square footage was equal to 4,620 usable square feet. 2. TERM OF LEASE. This Lease is for a term of Five (5) years beginning on August 1, 1996 (the "Commencement Date"), and ending on July 31, 2001 (the "Initial Term"). Lessor and Lessee agree to execute a memorandum of lease in recordable form expressing the material terms of this Lease including the Commencement Date, termination dates of the Initial Term and Option Terms and the Right of First Refusal elsewhere described herein. 3. ANNUAL RENT. Lessee agrees to pay to Lessor each Lease Year (the term "Lease Year" shall mean the first consecutive twelve month period beginning on the Commencement Date of the Lease and each succeeding twelve month period thereafter during the Lease Term) during the Lease Term annual rent ("Annual Rent") in the amount of $70,400.00, payable in equal monthly installments, plus applicable State of Florida sales tax, in advance, without demand, on the first day of each calendar month, prorated for any partial month hereunder. 4. RENEWAL OPTIONS. Lessor hereby grants to -Lessee the option(s) (the "Options") to renew this Lease for three ( 3 ) additional term(s) of five ( 5 ) years (the "Option Terms)") each following the expiration of the preceding term, upon the terms and conditions set forth herein. Lessor shall provide Lessee with written notice of the expiration of the Initial Term, or, if applicable, the Option Term at least 2 96- 3 one hundred twenty (120) days, but not sooner than one hundred eighty (180) days before the date of such expiration and Lessee shall be entitled to exercise the then applicable option by written notice to Lessor within sixty (60) days thereafter. Lessee shall not be deemed to have exercised any Option without written notice to Lessor thereof. The Initial Term and exercised Option Term (s), if any, shall collectively constitute the "Lease Term". The Annual Rent for each Lease Year of each Option Term shall be as follows: (i) for each Lease Year of the First Option Term, Annual Rent shall be $73,920.00; (ii) for each Lease Year of the Second Option Term, Annual Rent shall be $77,616.00; and (iii) for each Lease Year of the Third Option Term, Annual Rent shall be $81,496.80; the Annual Rent for each such Lease Year during each such Option Term shall be payable in monthly installments, on the commencement date of such Option Term and monthly thereafter, each in an amount equal to one - twelfth (1/12th) of the Annual Rent so calculated for such.Lease Year. S. GROSS LEASE. Except as herein expressly provided, Lessee shall have no liability whatsoever for operating expenses, common area maintenance expenses; insurance expenses, real property taxes, water and sewer charges or any other costs whatsoever, in connection with the Premises, the Building or the Project, it being acknowledged and agreed that this Lease is a gross lease. 3 RM 3 6. USE OF PREMISES. The Premises may be used for office and ancillary uses. Lessor hereby warrants that the foregoing uses are permitted to be carried on in the Premises under applicable county and other governmental laws and regulations affecting the Premises. 7. LEASEHOLD IMPROVEMENTS. (a) Lessor's Improvements. Lessor shall complete the improvements described on Exhibit C attached hereto and hereby made a part hereof (the "Lessor's Improvements") and shall deliver the Premises with such Lessor's Improvements substantially completed to Lessee no later than the Commencement Date. The term "substantially completed" shall mean that (i) Lessor shall have obtained a certificate'of completion for Lessor's Improvements, and (ii) Lessor has provided a statement to Lessee from Lessor's architect to the effect that Lessor's Improvements have been substantially completed, subject only to punch list items which shall not materially affect Lessee's ability to occupy the Premises. Lessor shall pursue the completion of all punch list items diligently and shall complete same within thirty (30) days following the Commencement Date. In the event Lessor shall not deliver the Premises with the Lessor's Improvements therein substantially completed by the Commencement Date set forth in Section 2 hereinabove, the Commencement Date shall be postponed on a day for day basis, and Annual Rent shall be abated, on a per diem basis, at the rate of two (2) days for each one day of delay. If the Commencement Date shall be delayed to a date later than 4 96- 3 September 1, 1996, Lessee shall thereafter have the right to terminate this Lease upon notice to Lessor, in writing, in which event Lessor shall reimburse Lessee for all expenses incurred by Lessee in connection with this Lease and this Lease shall be void and of no further force or effect. Lessor hereby warrants that Lessor' s work shall be completed in a good workmanlike manner, free of defects in materials or workmanship, and in compliance with all applicable federal, state and local laws, rules and regulations, including, without limitations, the Dade County Building Code and the Americans with Disabilities Act (the "ADA"); Landlord shall be responsible for insuring that the Premises, the Building and the Project comply with all requirements of the ADA. Landlord shall remedy any patent defect in Lessor's Improvements which Lessee shall notify Lessor of, within forty-five (45) days following the delivery of the Premises, and Lessor shall remain responsible thereafter for repairing all latent defects not reasonably discoverable or discernable within such forty-five (45) day period, promptly following receipt of notice thereof from Lessee. (b) Lessee's Improvements. During the period thirty (30) days prior to the Commencement Date, and thereafter throughout the Lease Term, Lessee shall have access to the Premises and may, At its expense, make such interior and non-structural alterations or improvements to the Premises as shall be necessary or desirable for the operation of Lessee's business, without the consent of Lessor. Lessee shall obtain, prior to the commencement of such improvements, any and all permits required by the appropriate 5 RM K i governmental authorities to make such improvements and Lessor agrees to reasonably assist and cooperate with Lessee in securing any such permits. 8. REPAIRS. 8.1 Lessor's Repairs. Lessor, during the Lease Term shall, at its expense, be obligated to repair and maintain the following: (i) the roof of the Premises and the Building; (ii) all structural components of the Premises and the Building; (iii) pipes and plumbing throughout the Premises and the Building; (iv) electrical and mechanical components and HVAC systems throughout the Premises and the Building; (v) driveways, parking areas, paved areas and sidewalks of the Project; (vi) lobbies, elevators, restrooms and common areas serving the Building and Project; (vii) foundations and subfloor of the Building; and (viii) exterior walls. Lessee shall give Lessor written notice of any needed repairs which are the obligation of Lessor. Lessor shall complete such repairs within thirty (30) days from the date of such notice; provided, however, if such repairs are an emergency or are repairs -which if not completed would prevent the normal operation of Lessee's business on the Premises, Lessee may orally give notice to Lessor and Lessor shall immediately commence such repairs and perform such work diligently until such repairs are completed. Lessor shall M 96- 3 pursue all such repairs promptly upon receipt of notice thereof and shall work diligently to completion in a manner so as not to materially or unreasonably interfere with Lessee's use or occupancy. If any repair work cannot reasonably be accomplished within the time frame provided above, and Lessor has begun and is diligently pursuing such repair, Lessor shall be entitled to reasonable time extensions for completion of such repair work. 8.2 Lessee's Repairs. Lessee, during the Lease Term shall, at its expense, maintain the Premises in good order and condition, reasonable wear and tear and casualty excepted. Lessee further agrees that all damage or injury done to or on the Premises by Lessee or by any person, other than Lessor or Lessor's agents, servants, employees, invitees, licensees and contractors, shall be repaired by Lessee at its expense; provided, however, Lessee shall not be obligated to make any repairs or replacements required as a result (i) any defective condition in any component of the Premises. as same were delivered by Lessor to Lessee, or (ii) damage caused by Lessor or by Lessor's failure to timely performitsduties and obligations elsewhere provided herein, or . (iii) damage caused by Casualty, as defined in paragraph 20 hereof, or any cause covered by the extended coverage insurance required to be carried by Lessor, irrespective of any negligence on the part of Lessee or any other person causing such damage. Lessee agrees at the expiration of the Lease Term or upon the earlier termination thereof, to surrender the Premises in good condition and repair, reasonable wear and Casualty excepted. 7 96- 9. PERSONAL PROPERTY AND REMOVAL BY LESSEE. Upon the expiration or sooner termination of this Lease, or any renewal hereof, Lessee shall have the right to remove all of its leasehold improvements, its movable personal property, equipment and trade fixtures placed in or on the Premises. Alterations or improvements of a permanent nature made by Lessee during the Lease Term shall remain the property of Lessor upon such expiration or termination. Lessee agrees to repair any damage which may be caused by Lessee's removal of its property pursuant to the provisions of this paragraph. 10. MECHANICS' LIENS. The parties supplying labor, materials or services to Lessee which could be the subject matter of a mechanic's or other similar lien are hereby put on notice that no claim of lien may ever be had, obtained or otherwise filed against Lessor's interest in the Premises and all such parties shall look solely to Lessee and Lessee's interest in the Premises for payment. Lessee agrees that within thirty (30) days after it has been notified of the filing of any claim of lien resulting from Lessee's activities, Lessee will either pay or bond any mechanic's or other similar lien which is filed against the Premises by reason of Lessee's work thereon. 11.. LESSEE'S INDEMNITY AND INSURANCE. 11.1 Indemnity. Lessee agrees to indemnify and hold harmless Lessor against and from any and all claims or demands for loss or damage to property or for injury or death to any person from any cause whatsoever while on the Premises during the Lease �3 96- 3 Term, except to the extent such loss or damage to property or injury or death was caused by the negligence or act or omission of Lessor or Lessor's employees, agents, invitees, licensees and contractors or was caused by the breach by Lessor of its obligations hereunder. 11.2 Insurance Coverage. Lessee agrees to acquire and maintain. at its sole cost and expense public liability insurance against property damage or personal injury arising out of the use of or occurring on or about the Premises with liability limits of Two Hundred Fifty Thousand Dollars ($250,000.00) for property damage and One Million Dollars ($1,000,000.00) for death or personal injury of a single person or for death or personal injury in any one accident (or the equivalent in self-insurance). Lessor shall be named as a co-insured on all such policies and Lessee, upon request by Lessor, shall furnish Lessor a certificate of the insurer indicating such coverage to be in effect. Nothing in this paragraph shall prevent Lessee from fulfilling its obligations under this paragraph by a blanket insurance policy or policies covering other properties as well as the Premises, provided the amount of the total insurance allocated to the Premises shall not be less than the amounts required in this paragraph. Any insurance policy required hereunder shall contain an agreement by the insurer that such policy -will not be canceled without at least thirty days' written notice to Lessor. 11.3 Lessor's Insurance. Lessor shall maintain in effect policies of property insurance and public liability insurance with WO 96- 3 1 respect to the Building, in such amounts as a prudent Lessor of a comparable property would carry, and in no event less than eighty percent (80%) (or such greater percentage that shall be necessary to comply with the provisions of any co-insurance clauses in its policy) of the replacement cost of the Project. At Lessee's request, Lessor shall furnish to Lessee evidence of such insurance. 11.4 Waiver of Subrogation. Lessor and Lessee hereby waive their rights to recover damages against each other to the extent the damaged party is entitled to recover the same from its insurance carrier. Each of the insurance policies procured by Lessor and Lessee shall contain an express waiver of any right of subrogation by the insurance company, against Lessor or Lessee, as the case may be. 12. ASSIGNMENT AND SUBLETTING. Lessee and Lessee's successors or assigns may assign, transfer, lease or sublet the Premises, in whole or in part, with the prior written consent of Lessor, which consent shall not be unreasonably withheld or delayed. This provision shall apply to each successive assignment hereunder by Lessee or by any subsequent assignee, lessee or transferee. Notwithstanding the foregoing, this Lease may be assigned, or the Premises may be sublet, in whole or in part, at any time and without the consent of Lessor, to any agency or subdivision of the City of Miami. In the event of any assignment, Lessee shall be released from its obligations under this Lease. 10 95- 3 ,JMWe� 13. INSOLVENCY. If any proceedings in bankruptcy or insolvency are filed against Lessee or if any writ of attachment or writ of execution is levied upon the leasehold interest of Lessee provided herein and such proceedings or levy shall not be released or dismissed within sixty (60) days thereafter, or if any sale of the leasehold interest hereby created or any part thereof should be made under any execution or other judicial process, or if Lessee shall make any assignment for the benefit of creditors or shall voluntarily institute bankruptcy or insolvency proceedings, Lessor, at Lessor's election, may re-enter and take possession of the Premises and remove all persons therefrom and may, at Lessor's option, terminate this Lease. In addition to the rights and remedies provided above, Lessor shall have the right to re-enter and take possession of the Premises and relet the Premises in the name of Lessor for such term or terms, on such conditions and for such uses and purposes as Lessor, in its sole discretion, may determine. Lessor may collect and receive all rents derived therefrom and apply the same, after deduction of all appropriate expenses of reletting., to the payment of the Annual Rent with Lessee remaining liable for any deficiency. 14. DEFAULT. 14.1 Lessee's Default. If Lessee fails to pay the Annual j Rent or any part thereof when due and such failure shall continue for a period of thirty (30) days after written notice thereof from j Lessor to Lessee, or if Lessee fails or neglects to perform, meet or observe any of Lessee's other obligations hereunder and such 11 96- 3 failure or neglect shall continue for a period of thirty (30) days after written notice thereof from Lessor to Lessee, then Lessor, at any time thereafter, by written notice to Lessee, may lawfully declare the termination of this Lease and re-enter the Premises or any part thereof and by due process of law expel and remove Lessee or any person or persons occupying the Premises and may remove therefrom and return to Lessee all personal property belonging to Lessee without prejudice to any remedies which might otherwise be used for the collection of arrears Annual Rent to the date of such termination. Prior to such termination, if the Premises become vacant as a result of a default caused by Lessee, Lessor shall use reasonable efforts to re -rent the Premises to mitigate Lessee's liability hereunder. Notwithstanding any other provisions of this Lease, where the curing of an alleged default requires more than the payment of money, and the work of curing such default cannot be reasonably accomplished within the time permitted, and Lessee has begun and has diligently pursued the curing of such default, Lessee shall be entitled to reasonable time extensions to permit the completion of the work of curing such default, as a condition precedent to any re-entry by Lessor or termination of the Lease by Lessor. 14.2 Lessor's Default. If Lessor fails to perform any of its covenants or obligations hereunder and such failure or neglect shall continue for a period of thirty (30) days after written notice thereof, Lessee may, at its option at any time thereafter, by written notice to Lessor, terminate this Lease and surrender the 12 96- 3 .. ,1 ,max..., Premises to Lessor without thereby waiving any right of• action against Lessor for damages. Notwithstanding the foregoing, where the curing of an alleged default requires more than the payment of money, and the work of curing such default cannot be reasonably accomplished within the time permitted, and Lessor has begun and has diligently pursued the curing of such default, Lessor shall be entitled to reasonable time extensions to permit the completion of the work of curing such default, as a condition precedent to any termination of the Lease by Lessee. 15. UTILITIES AND SERVICES. Lessor shall furnish to Lessee electricity, water, HVAC services and automatically operated elevator service during business hours, and daily janitorial services and supplies. Lessor further agrees to furnish heat from a central heating plant and air conditioning by means of the central air conditioning system during the appropriate seasons of the year, during business hours. For purposes hereof, "business hours" are the hours of 7 a.m. to 7 p.m., Monday through Friday, and Saturdays between the hours of 8 a.m. and 1:30 p.m. (exclusive of holidays). Lessor shall also furnish electricity, water, elevator services and heating, ventilating and air conditioning at such other times as are not provided for herein, provided Lessee shall give written request to Lessor before noon of the business day preceding the day on which such extra usage shall. be required and Lessee shall bear the cost of such additional service, at a rate equal to that charged to Lessor. Without limiting the foregoing, Lessor shall provide 13 ►i z 3 janitorial services, at no cost to Lessee which shall be equal in quality to those which are usual and customary for office buildings of comparable age, quality and size, in Miami, Florida; such service shall include, without limitation, daily cleaning of the carpet, floors, walls, sills and ledges, and general dusting, emptying of waste receptacles and replacement of building standard lightbulbs throughout the Premises and common areas, elevators, bathrooms, and lobbies of the Building and Project. 16. ENTRY AND INSPECTION. Lessor shall be permitted to enter and inspect the Premises at all reasonable times, and upon reasonable advance notice to Lessee (not less than 24 hours), provided such inspection shall not restrict access to the'Premises or otherwise unreasonably disrupt Lessee's business. 17. LESSOR'S TITLE AND WARRANTIES. Lessor covenants and warrants that: (1) it will have a certificate of occupancy and all other permits and authorizations from the appropriate governmental authorities required with respect to the Premises; (2) the Premises and the Lessor's Improvements are, or by the Commencement Date, will be in compliance with all applicable building codes and zoning requirements and restrictions; (3) Lessor owns fee simple title to the Premises subject only to zoning, encumbrances, easements, rights -of -way, reservations, restrictions, covenants and limitations and conditions of record, which do not prohibit, restrict or affect the rights of Lessee to operate its business as set forth in paragraph 6 hereof; (4) Lessor leases from the City of Miami both the Adjacent Lot and the Cross -Street Lot, as described 14 96- 3 in Section 36.1, below for a term that extends beyond the Lease Terms hereof (the "Parking Lot Leases"), and such Parking Lot Leases are and shall throughout the Lease Term remain in good standing and in full force and effect; (5) Lessee will have peaceful and quiet possession thereof; and (6) it and the person executing this Lease on behalf of the Lessor have the right, power and authority to make this Lease for the Lease Term. 18. CONDEMNATION. 18.1 Total -Permanent. If at any time during the Lease Term, the entire Premises or, in the judgment of Lessee, such a substantial portion thereof as would render the balance of the Premises unsuitable for the use to which the Premises were being utilized immediately prior thereto by the Lessee, shall be taken or appropriated by any competent authority for public or quasi -public use, this Lease, at the option of Lessee, will terminate upon the date possession of the Premises is surrendered to the condemning authority, at which time all rights and obligations between the parties shall cease and Annual Rent and other charges shall be apportioned. A substantial taking as would render the use of the Premises not suitable for Lessee's use shall include, but not be limited to, the -taking of any portion of the building used by Lessee, fifteen percent or more of the then -existing parking area not promptly replaceable by Lessor from contiguous land, or the loss of the rights of ingress and egress unless comparable access immediately can be made available. Notwithstanding any provision of this Lease or operation of law that leasehold improvements become the property of Lessor at the expiration of the Lease Term, 15 95- � F1' the loss of improvements paid for by Lessee, the loss of Lessee's leasehold estate, and such additional relief as may be provided by law shall be the basis of Lessee's damages against the condemning authority if a separate claim therefor is allowable under applicable law, or shall be the basis of Lessee's damages in the allocation of a total award if only one award is made with respect to the Premises. 18.2 Partial -Permanent. In the event of a permanent partial taking or appropriation of the Premises not resulting in a termination of this Lease pursuant to paragraph 18.1 above, Lessee shall be entitled to a reduction of rent in such amount as shall be just and equitable. In consideration of such reduction of the Annual Rent, Lessee waives any claim for damage to or loss of its leasehold improvements, all of such award being payable to Lessor, who shall use so much thereof as may be necessary to restore the Premises as nearly as possible to its condition as of the Commencement Date as soon as is reasonably possible. Lessee shall have the option to perform such restoration, provided the whole of such award or such portion thereof as may be necessary to accomplish the restoration is made available to Lessee. 18.3 Total -Temporary. If the whole of the Premises or such portion thereof as would render the use of the Premises not suitable for Lessee's use as set forth in paragraph 6 hereof shall be taken for a period of one month or less, all Annual Rent payable to Lessor which is the obligation of Lessee pursuant to the terms of this Lease shall not abate during the time possession of such 16 96- 3 portion of the Premises is surrendered to the taking authority; provided, however, all other obligations of Lessee hereunder shall abate until such time as possession is restored to the Lessee. The basis for Lessee's damages against the condemning authority, if allowable, or in the allocation of a single award with respect to the Premises, shall be such as suffered by Lessee for the interruption of Lessee's business and such additional relief as may be provided by law. If such taking shall extend beyond one month, the taking shall, at the option of Lessee, for the purposes of this Lease be considered permanent with the basis of Lessee's damages computed as a "Total -Permanent" taking. 18.4 Partial -Temporary. If less than the whole of the Premises or less than such portion thereof as would render the use of the Premises not suitable for Lessee's purposes pursuant to paragraph 6 hereof is taken! Lessee shall be entitled to a reduction of the Annual Rent as is just and equitable until such date as possession of the entire Premises is fully restored to Lessee. In consideration of such reduction of Annual Rent, Lessee waives all rights to any portion of the award as may be payable to Lessor. 18.5 Arbitration. Should Lessor and Lessee be unable to agree as to the division of any single award with respect to the Premises or the amount of any reduction of Annual Rent and other charges, such dispute shall be.settled as provided in this subparagraph. If the parties are unable, after good faith negotiations which each party hereby covenants to undertake with 17 96- 3 regard to any such dispute, to settle such dispute amicably within thirty days of the commencement of such negotiations, unless otherwise agreed by the parties, either party may commence arbitration by notifying the other in writing that arbitration is demanded with respect to such dispute. Any such dispute shall be settled by arbitration in accordance with the commercial rules of the American Arbitration Association to be held in Dade County, Florida, except that there shall be one arbitrator selected in accordance with such rules and the parties hereby agree to commence the arbitration proceeding within thirty days of the notice demanding arbitration and to limit the duration of any arbitration proceeding arising hereunder to thirty days from the date of commencement thereof. ' Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. 18.6 No Proposed Condemnation. Lessor covenants that at the date hereof it has no actual or constructive knowledge of any proposed condemnation' of any part of the Premises. If after the execution of this Lease, but prior to the Commencement Date, a total or partial condemnation, either temporary or -permanent is proposed by any competent authority, Lessee shall be under no obligation to commence possession and any Annual Rent or other charges- payable to Lessor and all other obligations of Lessee hereunder shall abate until such time as it can be reasonably ascertained that the Premises shall not be so affected. 18 3 19. NON -DISTURBANCE. Lessor shall, no later than the Commencement Date, provide Lessee with a nondisturbance agreement in recordable form from all existing or future mortgage holders or other lienholders with rights paramount to Lessee's rights under this Lease, which shall provide that so long as Lessee continues to pay the rent reserved in this Lease and otherwise complies with the terms and provisions hereof, such mortgagee or lienholder shall not disturb the rights of possession of Lessee in the Premises as set forth in this Lease, notwithstanding any foreclosure or proceedings in lieu thereof affecting the Premises. Upon passage of title to the Premises to the mortgagee, lienholder, or other party to a foreclosure proceeding or proceeding in lieu thereof, the party acquiring such title shall by virtue of such acquisition of title and without the execution of any further instruments or documents be deemed to be the Lessor for all purposes of this Lease and be deemed to have assumed the full and complete performance of all the obligations of Lessor as herein set forth. If such mortgagee or lienholder shall take possession of the Premises as a mortgagee or lienholder in possession, without acquiring title thereto, but in such a manner as to be entitled to receive rents therefor, such mortgagee or i lienholder shall, in addition, be deemed to have assumed all the obligations of Lessor under this Lease accruing during such period of possession and upon the termination of such possession shall be deemed released from all liability accruing thereafter. Subject to the foregoing and in the event of foreclosure, Lessee agrees to 19 96- 3 recognize and attorn to the mortgagee or lienholder acquiring rights in the Premises as the result of such foreclosure sale or to any purchaser at a foreclosure sale. 20. CASUALTY. If the Premises are destroyed or so damaged or injured by fire, the elements, war activity, civil disturbance, act of God, or any other cause beyond the control of the parties ("Casualty"), during the Lease Term whereby the same shall be rendered untenantable, then Lessor shall promptly proceed with due diligence, at Lessor's expense, to restore the Premises to its condition as of the Commencement Date within ninety•(90) days from the date of such damage. If the Premises are not restored within such time period, Lessee may at its option cancel and terminate this Lease effective as of the date of such damage by delivering written notice thereof to Lessor. In the event of such cancellation, the rent due and payable hereunder shall be payable only to the date of such damage and any pre -paid rent from Lessee to Lessor upon the date of such damage shall be refunded to Lessee. During any time of restoration of the Premises pursuant to this paragraph, the rent or• a just and fair proportion thereof shall abate until Lessee is again able to resume its ordinary business within the Premises. 21. RECIPROCAL OBLIGATIONS. Whenever Lessee or Lessor shall breach or fail to perform any of the covenants or provisions of this Lease, and such failure or breach shall cause either party to incur any damages or expenses 20 96- whatsoever, such damages or expenses so incurred, with interest at the highest rate allowed by law, costs and reasonable attorneys fees, may be added to or deducted from the next accruing Annual Rent installment due. 22. CAPTIONS. All captions in this Lease are solely for convenience and are not a part of this Lease. 23. COUNTERPARTS. This Lease may be executed in any number of counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same instrument. 24. SEVERABILITY. If any part, term or provision of this Lease is held to be illegal or in conflict with any law by any court of competent jurisdiction, the validity of the remaining portions or provisions shall not be affected, and the rights and obligations herein shall be construed and enforced as if the Lease did not contain the particular part, term or provision held to be invalid. 25. PARTIES.IN INTEREST. Subject to the terms of paragraph 12 hereof, this Lease shall inure to the benefit of and be binding upon the parties hereto and their heirs, personal representatives, successors and such assigns as provided herein. The terms "Lessor" and "Lessee" as used in this Lease shall include their respective heirs, personal, representatives, successors and assigns. 21 96- 3 W 26. ENTIRE AGREEMENT. This Lease contains the entire agreement of the parties hereto with respect to the subject hereof, and may only be modified or amended by written agreement signed by all parties hereto. 27. GOVERNING LAW. This Lease and all documents executed as a part hereof shall be governed by and construed under the laws of the State of Florida. 28. TIME. Time is of the essence under this Lease. 29. GENDER. In the interpretation and construction of the provisions of this Lease the use of 'any gender shall be deemed to include all genders, the singular the plural, and vice versa. 30. NOTICES. Any notice required to be given to Lessor shall be given in writing and shall be deemed given when mailed registered or certified mail and addressed to the address shown on the signature page of this Lease, unless Lessor shall previously have furnished Lessee in writing with a different address. Any notice required to be given to Lessee hereunder shall be given in writing and shall be deemed given when mailed, registered or certified mail and addressed to the address shown on the signature page of this Lease, unless Lessee shall previously have furnished Lessor in writing with a different address. 22 96- 3 31. BROKER. Lessor and Lessee each represents and warrants to the other that it has dealt with no broker or finder in connection with any of the transactions contemplated by this Lease and, to the best of its knowledge, no broker or other person is entitled to any commission or finder's fee in connection with any of these transactions. Subject to the provisions of the preceding sentence, Lessor and Lessee each indemnifies the other and agrees to hold it harmless from and against and in respect of any claim against the other for brokerage, finder's or other commissions or. other compensation by any persons relative to this Lease and the transactions contemplated hereby. 32. ALLOWANCE OF ATTORNEY'S FEES. If any action (including an arbitration under paragraph 18 hereof) is brought to enforce this Lease or other document referred to herein, or to rescind the same, or to collect damages for an alleged breach hereof; or for a declaratory judgment hereunder, the prevailing party in such action or arbitration, whether Lessor or Lessee, shall be entitled to an allowance for reasonable attorneys fees (whether at the pretrial, trial or appellate level), in addition to costs of suit or arbitration. 33. CONSENTS. When the consent of any party is required hereunder, such consent shall not be unreasonably withheld. . 23 96- 3 34. RIGHT TO PERFORM LESSOR'S COVENANTS. Lessee shall have the right at any time to make any payment or perform any act required of Lessor under any provision in this Lease, and in exercising such right, to incur necessary and incidental costs and expenses. Nothing herein shall imply any obligation on the part of Lessee to make any payment or perform any act required of Lessor, and the exercise of the right to do so shall not constitute a release of any obligation or a waiver of any default. All payments made and all costs and expenses incurred in connection with an exercise of such right shall be deducted by Lessee from the next due Annual Rent payments. 35. CONFIDENTIALITY. During the lease term, Lessor agrees and warrants to retain in strict confidence, and to require any Real Estate Brokers employed by it to retain in strict confidence, the terms and provisions of this Lease, unless the prior written consent of Lessee is obtained. 36. PARKING. 36.1 Assigned Parking. Lessee and Lessee' agents, employees and invitees shall be entitled to parking at the Project at no expense to Lessee, as follows: (i) sole and exclusive use of seven (7) parking spaces, as selected by Lessee and in the parking lot adjacent to the Building, as depicted on Exhibit A attached hereto (the "Adjacent Lot"); and 24 96- 3 (ii) nonexclusive use of three (3) parking spaces in the City of Miami Department of Offstreet Parking Lot No. 10, across the street from the Premises, as depicted on Exhibit A attached hereto (the "Cross -Street Lot"). Throughout the term of the Lease, Lessor warrants and represents that it shall maintain in good standing the Parking Lot Leases whereby Lessor shall control the Adjacent Lot and the Cross -Street Lot, in order that Lessee may at all times throughout the Lease Term be assured of enjoying the parking rights afforded to Lessee in this Section. 36.2 No Flooding. Lessor warrants and represents that the parking area serving the Project is free from flooding. In the event that the parking lot for the Project or any portion thereof shall be subject to any flooding or other casualty, Lessor shall immediately repair any damage resulting therefrom. 37. RIGHT OF FIRST REFUSAL. At any time that Lessor determines to lease or not to extend any existing lease for space elsewhere in the Project, Lessor shall notify Lessee of the availability of such space ("Additional Premises"). Lessee shall have a period of fifteen (15) days following receipt of Lessor's notice to Lessee thereof, within which to indicate Lessee's intention to lease such Additional Premises. If Lessee shall indicate that it wishes to lease such Additional Premises, such Additional Premises shall be included within the Premises and leased to Lessee pursuant and subject to 25 9G- 3 the provisions of this Lease, for the Initial Term and all Option Terms, if any. The Annual Rent for such Additional Premises shall be the same Annual Rent per rentable square foot, that Lessee is paying for the Premises, subject to adjustment on the same basis as the Annual Rent for the Premises. The term of the Lease with respect to such Additional Premises, including all Options, shall apply to such Additional Premises. Lessor and Lessee shall execute an amendment to this Lease describing the addition of the Additional Premises. Lessor shall be responsible for making such improvements or alterations within such Additional Premises, prior to the delivery of same to Lessee, in order that such Additional Premises shall be improved to the level of improvements (in terms of specifications and'quality) equivalent to that of the Premises following the completion of Lessor's Improvements. Lessee shall have the right to make such interior and nonstructural alterations or improvements to the Additional Premises as shall be necessary or desirable for the operation of Lessee's business therein, without the consent of Lessor thereto. 38. STANDARDS OF MANAGEMENT AND OPERATION. Lessor hereby warrants and represents that for the entire Initial Term of the lease and any Option Term, Lessor shall manage, operate and maintain the Premises and the Project in accordance i with the standards of management of a building of comparable age, quality and size in Miami, Florida. 26 96- 3 3 9 . RADON GAS . Florida Statute S 404.56 requires the following statement to be included in all leases of improved property: "Radon gas: radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks 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 your county public health unit. " 40. CONSENT. Wherever any consent or approval of Lessor shall be required under the provisions of this Lease, Lessor shall not unreasonably withhold or delay such approval or consent. 41. LICENSE. So long as this Lease shall be in full force and effect, Lessor hereby grants to Lessee a nonexclusive license to use the driveways, parking 'areas, paved areas, lobbies, elevators, restrooms and other common areas of the Building and Project in common with all other Lessees of the Building and Project. 27 96- 3 IN WITNESS WHEREOF, the parties have caused this Lease to be executed and sealed as of the dates indicated below. Signed, sealed and delivered in the presence of: WITNESSES: Signed, sealed and delivered in the presence of: WITNESSES: MIA3-376083 LESSOR: CITADEL ARENA CORPORATION, a Florida corporation By: Title: Date: Address: 49 N.W. 5th Street Third Floor Miami, Florida Attn: Mr. Daniel Arias 28 LESSEE: SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF MIAMI By: Title Date: Address: 300 Biscayne Blvd. Way Suite 400 Miami, FL 33131 Attn: Mr. Erdal Donmez Development Coordinator 96- 3 w MIA3-376083 EXHIBIT A (space Outline] 29 w 96- 3 MIA3-376083 EXHIBIT B (Legal Description) PW