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HomeMy WebLinkAboutOMNI-CRA-M-96-0009t CITY OF f```*NI, FLORIDA INTER -OFFICE MEMORANDUM 'a torable Chairman and Members GATE: November 8,1996 FILE the Board SUBJECT: CRA Office Lease at Dupont Plaza Center bert J. Bailey REFERENCES cutive Director ENCLOSURES: rimunity Redevelopment Agency attached is a Lease Agreement with the Plaza Terminal Holding Company approximately 2,500 square feet of office space in the forth floor of the pont Plaza Center, effective from November 3, 1996 until July 2, 1997. The ms of the Lease similar to the previous City Lease which expired on October 1996. The eight month lease is $18,333, based on $11.00 per square foot �ments. ould you have any questions, please advise. .closure OA4NI/CRA 6 1. Right to Occupy 2. Term of Agreement 3. Rental 4. Condition of the Premises 5. Lessor's Obligation to Furnish Services and Utilities 6. Right of Entry 7. Lessor's Maintenance and Repair Obligations 8. Signs 9. Destruction of the Premises 10. Loss or Damages to City's Property 11. Insurance 12. Surrender of Possession 13. Cancellation and Termination 14. Holding After Termination 15. Successors and Assigns 16, Quiet Possession 17. Notices and General Conditions 18. Amendments 19, Waiver 20. Environmental Matters 21. Radon Gas 22. Entire Agreement �A ®M MAX LEASE AGREEMENT This Lease Agreement, made and entered into this day of 1996, by and between Plaza Terminal Holding Company Liquidating Trust, a Florida corporation with its principal offices at 300 Biscayne Boulevard Way, Miami, Florida 33131, (hereinafter referred to as "Lessor"), and the Southeast Overtown Parkwest Community Redevelopment Agency of the City of Miami, (hereinafter referred to as "Lessee"). WITNESSETH The Lessor, is the owner of a certain building known as the Dupont Plaza, located at 300 Biscayne Boulevard Way, Miami, Florida (the "Building"). The Southeast Overtown Parkwest Community Redevelopment Agency of the City of Miami is desirous of leasing approximately 2,500 square feet of office space at the Building for use for office purposes in connection with the Community Redevelopment Agency and other municipal purposes. Therefore, in consideration of the covenants and agreements contained below, the parties agree as follows: 1. Right to Occupy. The Lessor hereby grants to the Lessee and the Lessee hereby accepts from the Lessor the exclusive use and occupancy of Suite 430 containing approximately 2,500 square feet of office on the fourth floor at the Building (the 3 oNmICPA 9 6 - 9 "Premises"), together with the right to use 8 spaces at the parking garage located in the Building. 2. Term of Agreement. The term of this lease shall commence on November 3, 1996, and shall terminate on July 2, 1997, unless sooner terminated as provided below. 3. Rental. The Lessee shall pay to the Lessor at 300 Biscayne Boulevard Way, Executive Offices, Miami, Florida 33130, or such other place as the Lessor may designate to the Lessee in writing, for payment for rent of the Premises, for the entire term of this lease a sum of money not to exceed Eighteen Thousand Three Hundred Thirty Three and 36/100 ($18,333.36) dollars, payable as follows: upon execution of this lease, Lessee shall pay to Lessor a sum of money not to exceed Four Thousand Five Hundred Eighty Three and 34/100 ($4,583.34) dollars, as rent for the first and last month of the term of this lease, thereafter, on or before the 5th day of every other month thereafter during the lease term, Lessee shall pay a sum of money not to exceed Two Thousand Two Hundred Ninety One and 67/100 ($2,291.67) dollars. 4. Condition of the Premises. The Lessee shall accept the Premises in its present condition, except for latent, hidden defects, and shall make, at the Lessee's sole cost and expense, partitions, changes, alterations, necessary for Lessee's office purpose; provided, however, that: A. Lessor shall ensure that the electrical installation and wiring and the plumbing meet applicable state and local laws, ordinances, and regulations and standards. 4 B. The Lessor shall shampoo and steam clean the carpets, paint the walls and exterminate the Premises. C. Lessor shall provide Lessee ten (10) one -hour complimentary visitor parking vouchers ("Vouchers") for valet parking located in the Building. The Vouchers shall be used by the Lessee's visitors and patrons during the regular business hours, excluding weekends and national holidays observed by the Lessee. The Vouchers shall be issued for each business day and expire if not used by the end of the day. 5. Lessor's Obligation to Furnish Services and Utilities. Lessor agrees, to make available to the Premises water, electricity, heating, ventilation, air conditioning, elevator service, and janitorial service (every day) required for the comfortable use of the Premises during the hours of 8:00 AM to 6:00 PM, Monday through Friday. Lessor shall provide bi-monthly extermination services and shall pay all charges for utilities consumed at the Premises during the term of this Lease or any extension thereof, including but not limited to, electricity, water, gas, garbage and sewage disposal. 6. Right of Entry. Lessee agrees to permit Lessor to enter upon the Premises during all reasonable working hours for any purpose Lessor deems necessary to, incident to, or connected with the performance of Lessor's duties and obligations hereunder or in the exercise of its rights and functions. E OMN�c-9 6 - E el 7. Lessor's Maintenance and Repair Obligations. Lessor shall maintain in good order and condition and repair at all times during the lease term the Building, the common areas, and the Premises, and every part thereof, including: the heating and air conditioning system, electrical systems, floor covering, exterior and interior walls, ceiling, exterior and interior doors, light fixtures (including replacement of light bulbs), decoration (e.g., carpeting, painting, wall coverings, drapes, blinds and other window treatments, etc.). If Lessee causes damage to the Premises, excluding normal wear and tear, Lessee will be deemed responsible for said damage. 8. Signs. The Lessee shall have the right to install signs on the Premises, for the purpose of identifying the Premises as the Southeast Overtown Parkwest Community Redevelopment Agency. If Lessee desires additional signs, Lessor approval is required. The Lessee shall remove said signs upon vacating the Premises. The Lessor shall include a listing of Lessee's Office in the directory located in the ground level of the Building. 9. Destruction of the Premises. In the event the Premises should be destroyed or so damaged by fire, windstorm or other casualty to the extent that the Premises are rendered untenable or unfit for the purpose of Lessee, either party may cancel this Lease by giving written notice to the other; provided, however, if neither party shall exercise the foregoing right of cancellation within thirty (30) days after the date of such destruction or damage, the Lessor, at Lessor's sole cost and expense shall cause the Premises to be repaired and placed in good condition as soon as practical. In the event of any such repair and/or reconstruction the rent shall be equitably abated proportionately based upon the C- 1 .4.ii el degree to which the Lessee's use of the Premises is impaired commencing from the date of the destruction and continuing during the period of such repair, reconstruction or restoration. 10. Loss or Damage to City's Property. All personal property placed or moved in the Premises, shall be at the risk of Lessee or the owner thereof. The Lessor shall not be liable to Lessee for any damage to said personal property unless caused by or due to the negligent acts or omissions of Lessor, its officials, agents or employees. 11. Insurance. The Lessor shall at all times during the lease term and at its own expense, maintain a policy or policies of standard fire, extended coverage and special extended coverage insurance ("All Risks"), including energy systems coverage and a vandalism and malicious mischief endorsement, coverage for water damage to contents, sprinkler leakage with extended coverage naming Lessee as an additional insured, in an amount adequate to cover the cost of replacement of all Lessee's trade fixtures, and equipment located at the Premises. 12. Surrender of Possession. Lessee agrees to surrender to Lessor at the end of the term of this Lease or any extension thereof, the Premises in as good condition as said Premises were at the beginning of the term of this Lease, ordinary wear and tear and damage by fire, windstorm, riot, civil disturbance or other similar acts, excepted. It is understood and agreed between the parties that the Lessee shall have the right to remove from the Premises all personal property of the Lessee and all fixtures, machinery, equipment, appurtenances and appliances placed or installed on the Premises by it; 7 omMICRA 9 6 — provided the Lessee restores the Premises to as good a state of repair as they were prior to the removal. 13. Cancellation and Termination. Lessor shall provide Lessee with written notice of any failure to perform or comply with the terms and conditions contained herein to be performed by Lessee. If Lessee fails to cure said breach within a reasonable period of time, Lessor shall give Lessee notice of such default and shall have the right to terminate this Lease. 14. Holding After Termination. If Lessee remains in possession of the Premises after the expiration of the term of this Lease without a new lease reduced to writing and duly executed and delivered (even if Lessee shall have paid and Lessor shall have accepted rent in respect to such holding over), Lessee shall be deemed to be occupying the Premises only as a Lessee from month -to -month, subject to all covenants, conditions, and agreements of this Lease. 15. Successors and Assigns. This Lease shall be binding upon and inures to the benefit of the heirs, assigns and successors in interest to the parties. 16. Quiet Possession. The Lessor shall warrant and defend the Lessee in the enjoyment and peaceful possession of the Premises during the term or any extensions thereof. 17. Notices and General Conditions. A. All notices or other communications which shall or may be given pursuant to this LEASE shall be in writing and shall be delivered by personal service or by 8 OMNTIC to 9 6 - 0 certified mail addressed to the parties at their respective addresses indicated below or as the same may be changed in writing 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. NOTICE TO LESSOR: NOTICE TO LESSEE: Plaza Terminal Holding City of Miami Company Liquidating Trust Southeast Overtown Parkwest Attention: Ken Kalish Community Redevelopment Agency 300 Biscayne Boulevard Way Executive Director Executive Offices 300 Biscayne Blvd. Way, Suite 430 Miami, FL 33131 Miami, FL 33131 COPIES TO: City of Miami Office of Asset Management P. O. Box 330708 Miami, FL 33233-0708 B. Title and paragraph headings are for convenient reference and are not intended to confer any rights or obligations upon the parties to this lease. C. Should any provisions, paragraphs, sentences, words or phrases contained in this LEASE be determined by a court of competent jurisdiction to be invalid, illegal or otherwise unlawful under the laws of the State of Florida or the City of Miami, such provisions, paragraphs, sentences, words or phrases shall be deemed modified to the extent necessary in order to conform with such laws, and the same may be deemed severable by the Lessee, and in such event, the remaining terms and conditions of this lease shall remain unmodified and in full force and effect. 9 QMM/CRA r0. c, 18. Amendments. Lessor and Lessee, by mutual agreement, shall have the right but not the obligation to amend this Lease. Such amendments shall be effective only when signed by Lessor and the Lessee and shall be incorporated as a part of this Lease. 19. Waiver. No waiver of any provision hereof shall be deemed to have been made unless such waiver is in writing and signed by Lessor or the Lessee. The failure of either party to insist upon the strict performance of any of the provisions or conditions of this Lease shall not be construed as waiving or relinquishing in the future any such covenants or conditions but the same shall continue and remain in full force and effect. 20. Environmental Matters. "Environmental Laws" for purposes of this section shall mean: all applicable requirements of federal, state and local, environmental, public health, and safety laws, regulations, orders, permits, licenses, approvals, ordinances and directives, including but not limited to, all applicable requirements of. the Clean Air Act; the Clean Water Act; the Resource Conservation and Recovery Act, as amended by the Hazardous and Solid Waste Amendments of 1984; the Safe Drinking Water Act; the Comprehensive Environmental Response, Compensation and Liability Act, as amended by the Superfund Amendments and Reauthorization Act of 1986; the Occupational Health and Safety Act; the Toxic Substances Control Act; the Pollutant Discharge Prevention and Control Act; the Water Resources Restoration and Preservation Act; the Florida Air and Water Pollution Control Act; the Florida Safe Drinking Water Act; Florida Environmental Reorganization Act of 1975. 10 OMM/CRX 9 6 - 9 e The Lessor warrants and represents that Lessor has no knowledge that the Premises contain any hazardous waste contamination in violation of any Environmental Laws. The Lessor shall indemnify, defend and save harmless the Lessee, its agents, officers and employees from and against all demands, claims, fines, penalties, liabilities, or costs connected to any violation of the Environmental Laws pertaining to the condition in, on, or of the Premises. 21. 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. 22. Entire Agreement. This Lease represents the total agreement between the parties. All other prior agreements between the parties, either verbal or written, are superseded by this lease and are therefore no longer valid. IN WITNESS WHEREOF, the parties hereto have individually, through their proper officials, executed this lease the day and year first herein above written. Plaza Terminal Holding Company WITNESSED BY: Liquidating Trust, a Florida Corporation Signature Print Name Signature c 11 OMNI/CRA 9 6 - 9 prime ATTEST' ET AS TO FORM ANRRECv4f,SS. ANC' K�GHT IIE�� OUSEL L pARK SOUTNEASTV gEDE�j'Op �I COOF THE CITY OF M AGE RiCYiA� P . D�tN 12 � � ... -��CRA N