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HomeMy WebLinkAboutSEOPW-CRA-R-01-0095SEOPW/CRA ITEM 2 RESOLUTION NO. rw •� A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY ("CRA") AUTHORIZING THE EXECUTIVE 'DIRECTOR TO CONDUCT NEGOTIATIONS WITH THE LANDLORD OF THE DUPONT PLAZA BUILDING FOR LEASE OF ADDITIONAL SPACE FOR OFFICES TO ENABLE THE CRA TO PROVIDE TECHNICAL ASSISTANCE TO ORGANIZATIONS IN THE REDEVELOPMENT AREA, WITH RENT FOR THE ADDITIONAL SPACE IN AN AMOUNT NOT TO EXCEED $45,525 PER YEAR, PLUS APPLICABLE SALES TAX AND PAYABLE IN AN AMOUNT NOT TO EXCEED $3,543.75 PER MONTH. WHEREAS, the CRA is desirous of providing technical assistance to organizations in the Redevelopment Area; and WHEREAS, to provide such assistance the CRA would be required to lease space for additional offices. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are incorporated herein as if fully set forth in this Section. Section 2. The Board of Directors hereby authorizes the Executive Director to conduct negotiations with the landlord of the Dupont Plaza Building for lease of additional space for offices to enable the CRA to provide technical assistance to organizations in the Redevelopment Area. Section 3. The Board of Directors authorizes the allocation of rent for the additional space in an amount not to exceed $42,525 per year, plus applicable sales tax and payable in an amount not to exceed $3,543.75 per month. Section 4. The Resolution shall be effective upon its adoption. PASSED AND ADOPTED on this 30th day of July, 2001. ARTHUR E. TEELE, JR., CHAIRMAN ATTEST: WALTER J. FOEMAN CITY CLERK APPROVED ASS F AND CORRECTNESS: Page 2 of 2 LEASE THIS INDENTURE OF LEASE made on the July 246, 2001 by and between BAYVIEW ASSOCIATES, INC. a Florida Corporation d/b/a Dupont Plaza Center (herein called "Landlord"), and Community Redevelopment Agency, whose mailing address is 300 Biscayne Blvd. Way, Suite 430 and 309, Miami, Florida 33131. (Herein called "Tenant").WITNESSETH: 1. Leased Premises. In consideration of the rents, covenants and agreement hereinafter reserved and contained on the part of the Tenant to be paid, observed and performed, Landlord demises and leases to Tenant, and Tenant rents from Landlord, those certain premises described on the attached "EXHIBIT A", office Suite 430 and 309 which premises contain an area of approximately 6,847 square feet, hereinafter called the "leased premises 2. Terms and Commencement. The leased for a term of two years, beginning on the I" day of September of 2001. , 3. Landlord's Work. "Landlord agrees to complete the leased premises in Accordance with the specifications attached hereto as "EXHIBIT B" and made a part hereof The leased premises shall commence, as provide above, after Landlord notifies the Tenant that the work required of Landlord pursuant to the specifications attached hereto as "EXHIBIT B" has been substantially completed in accordance with said specifications are ready for Tenant's occupancy. 4. Tenant's Work. All work, including fixture, in regard to the leased Premises, other than that to be perform by Landlord, shall be performed by Tenant's sole cost and expense, in accordance with the plans and specifications prepared by Tenant's architect, all in conformity with the requirements of this lease and exhibits. Tenant will be complete Tenant's work in compliance with such reasonable rules and regulation as Landlord and Landlord's Architect, Contractor or Contractors may make an in accordance with all applicable laws, orders, regulations and requirements of all governmental authorities having jurisdiction over the same. Tenant shall then take possession of the lease premises. Tenant's work will be commenced when Landlord has approved Tenant's final working drawing and specifications. 5. Additional Security Deposit. Tenant's security deposit shall, at all times, Be at least equal to one (1) month's rent as set forth in paragraph 6 of this master lease, including base rental, Florida sales tax, and last months' rent. During the term of this lease and any renewal or options thereto when the Tenant's monthly rent increases above the amount of security deposit held by Landlord, Tenant shall deposit the difference with the Landlord, upon demand. 6. Base Rental. For the first lease year, in addition to "additional rental", as Herein provided, Tenant shall pay Landlord as base rental for the leased premises the sum of ($81,000.00) per year plus applicable sales tax. The base rental shall be payable in equal monthly installment of ($6,750.00) and SHALL BE PAID IN ADVANCE on OR BEFORE THE FIRST DAY OF EACH MONTH computed on a monthly basis as follow: Base Rental $ 6,750.00 6.5% Florida Sales Tax (exempt) TOTAL $ 6,750.00 In the event Tenant shall fail to make said payment by the 5th of the month, Tenants shall be charged a late charge of 5% per month for each payment received after the 5th of said month. All based and additional rentals payable under this lease shall be paid without any deduction or set off whatsoever. A service charge of ($25.00) dollars will be assessed for handling of any returned check. If the lease term shall commence upon a day other than the first day of the calendar month, then Tenant shall pay, upon the commencement date of the lease term, 1/30 of such minimum rent for each day the fractional calendar month preceding the first full calendar month in the lease term. 7. Increased Rent. The monthly base rental for the twelve (12) month period after the first twelve (12) months shall be 7,750.00 per month. Future annual increases after two (2) years from commencement ofthis lease sharf be 6% over the prior year. The effect of such increase shall be compounded. 8. Additional Rent. Tenant shall pay as additional rental all sums of money or charges required to be paid by Tenant under this lease, whether or not the same be designated "additional rental". If such amount of charges are not paid when due be collectible as additional rental with any installment of rent thereafter due hereunder, but nothing herein contained shall deemed to suspend or delay the payment of any amount of money or charge at the time the same becomes due and payable hereunder, or limit any applicable law for the collection of the such sums, or otherwise. Tenant, for each calendar or partial year, during the term of this Master Lease or any renewal thereof shall pay to Landlord its proportionate share, as hereinafter defined, of all real estate taxes assessed or levied. Tenant's proportionate share for said real state taxes and for any future assessments, levies, taxes, and the like, for each calendar year of the term of this lease or any renewal thereof shall be determined by dividing the total number of square feet in the lease premises (7,763) by the total number of square feet of all leasable building space within the building (844,823). Tenants shall be prorated in the events the Tenants are required to make such payment for a partial calendar year. In addition, should the taxing authorities include in such real state taxes the value of any improvements made by Tenants, or include machinery, equipment, fixtures, inventory, or other personnel or assets of the Tenant, shall also pay 110% of the personal property taxes and real state taxes for such item Tenant shall pay Landlord each month a sum equal to 1/12 of the annual taxes and assessment, as defined above, all as estimated by the landlord, so that the Landlord shall have sufficient funds to pay the taxes taking advantage of the maximum allowable discount. If, from time, the Landlord shall determined that the balance of the found held by it to pay the taxes when the same shall become due, then the Tenant shall pay to the Landlord on demand any amount necessary to remedy deficiency. Lessor's failure to make a demand for payment shall not be deemed to waiver or cause lessor to Pursuant to Section 713.10 of the Florida Statutes, notice is hereby given that the interest of the Landlord shall not be subject to lien for improvements made by Tenant. The parties agree that Tenant shall have no right to record this lease or a memorandum of this Lease in which this provision is set forth, or other information contained in this Lease, without Landlord's written consent. 12. Use of Premises. The premises are hereby leased for use solely as office. 13. Posting. During the period of ninety (90) days prior to the expiration of this lease or any renewal thereof, Landlord shall have the right to display on the exterior of the premises the customary sign "For Lease", and during such period Landlord may show the premises and all parts to prospective Tenants. 14. Right of Entry. Tenant shall permit Landlord, its agents, employees and contractors to enter the premises and all parts thereof at any time to inspect the same ajid to enforce or carry out any provision of this Lease. 15. Tenant's Responsibility. The Tenant shall occupy and use the premises during the term purpose here above specified and none other, will not exhibit, sell or offer for sale on the premises or in the building any article or thing whatsoever (except all those articles and things essentially connected with the state use of the premises) without the advance written consent of the Landlord, and will not make or permit any use of the premises, which directly or indirectly, is forbidden by public law, ordinance or governmental regulation or which may invalidate any policy of insurance carried on the building or covering its operation, and will comply with the rules and regulations attached to this lease and hereby made a part of this lease as though inserted in this paragraph, and such other rules and regulations as the Landlord may hereafter adopt and make known to the Tenant by notice. Landlord shall have the right to determine and prescribe the weight and proper position of any unusually heavy equipment including safes, large files, etc. and to limit, restrict or exclude such equipment as well as other equipment other machinery, which in Landlord's opinion are unusually noisy or create unusual vibrations or give off noxious odors. Only those, which, in the opinion of Landlord, may be modified and used so as to avoid noise, vibration and noxious odors, may be moved into the building. Tenant shall repair promptly at its own expense any damage to the premises caused by bringing into the premises any property for Tenant's use, or by the installation or removal of such property, regardless of fault or by whom such damage shall be caused, unless caused by Landlord, its agents, employees or contractors (and in default of any such repairs by Tenant, within fifteen (15) days after Landlord's written demand thereof). If Tenant refused or neglects to repair property as required hereunder and to the reasonably possible after written demand, Landlord may make such repairs without liability to Tenant for any loss or damage that accrue to Tenant's merchandise, fixtures, or other property or to Tenant's business by reason thereof; and upon completion thereof, Tenant shall pay Landlord's cost for making such repair plus twenty percent of overhead, upon presentation of bill therefore. 16. Surrender of Premises. At the expiration of the tenancy created, Tenant shall surrender the leased premises in the same condition as the leased premises were in upon delivery of possession thereto under this lease, reasonable wear and tear expected (to be determined in Landlord's reasonable discretion). Tenant shall remove all its trade fixtures and any alterations or improvements which Landlord requests to be removed before surrendering the premises as aforesaid and shall repair any damage to the leased premises cause hereby, including holes in wall/partitions. Tenants obligations to observe or perform this covenant shall survive the expiration or other termination of the term of this Lase. 17. Responsibilities of Landlord. Landlord will furnish the following services to the Tenant: (A) elevator service; (B) electric current for normal and customary office use; (C) water in such amount as in Landlord's absolute judgment is necessary for lavatory and like purpose; (D) daily janitorial service; (E) air conditioning. Landlord shall maintain and operate the air conditioning equipment installed, including the replacement thereof when necessary, in such manner as to maintain comfortable conditions of temperature and humidity within the leased premises. , The Tenant will not bring electric or plumbing into the premises, and will not install or operate any electrical equipment or other machinery, except light office machines (such as typewriters, adding machines, computers and word processors) normally used without first obtaining the consent in writing of the Landlord, who may condition such consent upon the payment by the Tenant of additional rent as compensation of said equipment or machinery. It is understood that if any additional power is needed, it will be at Tenant's expense and should there by any damages resulting from power overload, it will be at Tenant's risk It is further understood that the electricity to be supplied by Landlord under this paragraph shall not be generated by Landlord, but will be obtained from a public utility company supplying same, and it is therefore agreed that landlord shall in no event be liable or responsible to Tenant for any loss, daniage or expense which Tenant may sustain or incur if either the quantity or character of electric current shall be changed by the public utility company nor shall Landlord be responsible for any failure on the part of such public utility company to furnish and adequate or satisfactory supply of electricity or because of any interruption of such supply of electricity or because of any interruption of such service. Failure by Landlord to any extent to furnish, or any stoppage of, these defined services resulting from causes beyond the control of the Landlord shall not render Landlord liable in any respect for damages to either person or property, nor be construed as an eviction of Tenant, nor work and abatement or rent, nor relieve Tenant from fulfillment of any covenant or agreement hereof. Landlord shall not be required to furnish any such services during any period when Tenant shall be in default in the payment of rent. Tenant agrees not to hold Landlord responsible or liable by abatement of rent, set-off, counterclaims or otherwise for any damage sustained by Tenant or any other person due to the building or any part thereof being or becoming out of repair. 18. Subordination and Attornment. (A) This Lease be subject and subordinate to any ground Lease(s), underlying lease(s), or mortgage(s) including any extension, renewals, encumbering the premise. This provision shall be self -operative without the execution of any further instruments. Notwithstanding the foregoing, however, Tenant hereby agrees to execute and deliver, within (7) days following request therefore any instruments(s) which Landlord or Landlord's mortgage may deem desirable to evidence the subordination of this Lease pursuant to this section 18. Tenant hereby appoints Landlord the attorney -in -fact for Tenant to execute and deliver any document to be executed and delivered by Tenant pursuant to this section 18 shall be deemed a default by without the necessity of notice to Tenant. (B). If the interest of Landlord under this Lease shall be transferred voluntarily or by reason of foreclosure or other proceedings, Tenants shall, at the election of such transferee, be bound to such transferee (herein sometimes called the "Purchaser" for the balance of the term hereof remaining, and any extensions or renewal thereof which may be effected in accordance with the terms and provision hereof, with the same force and effect as if the Purchaser were the Landlord under this .Lease and Tenant does hereby agree to attorn to the Purchaser including the mortgage under any such mortgage if it is the Purchaser, as its Landlord. Said attornment shall be effective and self -operative without the execution of any further instrument upon the Purchaser succeeding to the interest of the landlord under this Lease. Notwithstanding the foregoing, however, Tenant hereby agrees to execute any instrument(s) which Landlord may deem desirable to evidence said attornment by,Tenant. The respective rights and obligations of Tenant and the Purchaser upon such attornment, to the extend of the then remaining balance of the Term of this Lease and any such extensions and renewals, shall be and are the same as those set forth herein. In the event of such transferee of Landlord's interests, Landlord shall be released and relieved from all liability and such transfer of Landlord's interest, landlord shall be released and relieved from all liability and responsibility thereafter accruing to Tenant under this Lease or otherwise and Landlord's successor by acceptance of rent from Tenant hereunder shall become liable and responsible to Tenant in respect to all obligations ofthe Landlord under, this Lease accruing from and after the date of such transfer. 19. Prohibited Article and Activities. Tenant agrees that it will not use, sell or offer for sale in or upon the leased premises and dangerous, explosive or other article, which affords insurance coverage to Landlord with respect to the leased premises. Any article that is prohibited by law, ordinance or applicable regulation of an administrative or governing body shall likewise be banned from the premises. 20. Indemnification of Landlord. Tenant shall indemnify Landlord (including attorpey's fees), damages, expenses, and liability in connection with loss of life, personal it Ju and/or damage to property arising form or growing out of any occurrence in, upon or at the leased premises or any part thereof, except if such damages, expenses or liability are cause by landlord or Landlord's agents, negligent acts or omissions. In case Landlord shall, without fault on its part, be made a party to any litigation commenced by or against Tenant, then Tenant shall protect and hold Landlord harmless and shall pay all costs, expenses, and reasonable attorney's fees incurred or paid by Landlord in connection with such litigation. 21. Subordination. Landlord reserves the right to subject and subordinate this Lease at all times to the lien of any mortgage now or hereafter placed upon Landlord's interest in the leased premises, or upon the land or premises of which the leased premises are a part, or upon any building now or hereafter placed upon the land of which the leased premises form a part, and to all advances made or hereafter to be made upon the security hereof all without the necessity of Tenant joining in any such subordination; however, upon request of Landlord, Tenant shall execute and deliver such further instrument evidencing such subordination as Landlord may reasonably request. 22. Assignments and Sublease. Tenant shall not assign, mortgage, pledge, hypothecate, or sublet this Lease in whole or in part, nor license franchise or sublet or any part of the leased premises, without the prior written consent ;of Landlord in each instance. Notwithstanding any assignment or sublease, Tenant and any guarantor of Tenant shall remain fully liable of this lease and shall be released from performing any of the terms, covenants and conditions of this Lease. Tenant shall pay all costs, expenses and reasonable attorney's fees that may be incurred or paid by Landlord in processing, documentation, or administering any request by Tenant for Landlord's consent pursuant to this section. Nothing contained in this Lease shall in any manner restrict Landlord's right to assign or encumber this Lease in its sole discretion. Notwithstanding the above, Tenant may not sublease premises without the writtem.,consent of Landlord, which written consent shall not be unreasonably withheld. 23. Destruction of the Leased Premises. In the event, during the term ofthis Lease, the demised premises are damaged by fire or otherwise and such damage is not caused by the negligence of default of the Tenant or the Tenant's agents, servants, employees or visitors, the Landlord shall repair such damage with reasonable diligence after notice thereof. In the event of the total destruction of the building in which the leased premises are located or in the event that said building is so destroyed or damaged by fire or other elements (whether or not leased premises or damaged by fire or other whether or not the lease premises are affected.) that the Landlord determines to tear down, rebuild or reconstruct said building, then the Landlord shall have the option ofternunatmg this Lease, and the Tenant, is such event, agrees that said term shall terminate and that Tenant shall surrender the demised premises prepaid rent shall be refunded. No claim or compensation shall be made by reason of loss, damage, inconvenience or annoyance arising from the necessity o repairing any portion of the leased premises or the building in which the lease premise is located. Landlord shall not be liable to carry fire, casually or extend damage insurance on the person or property of the Tenant or any property, which may now or hereafter be placed in the leased premises. 24. Condemnation. In the event the whole or any part of the land or building in which the demises premises are located, shall be taken or condemned for public or quasi -public use or purpose, or is taken by private purchase in lieu of 'condemnation, the Landlord may, at his option, terminate this Lease from the date title or right to possession shall vest ip or be taken for such public use or purpose. Such date shall operate as through it were the date originally intended by the parties for expiration of the tenancy created hereunder, and the rent reserved herein by the parties for expiration of the tenancy created hereunder, and the rent reserved herein shall be adjusted in light of the condemnation, so that Tenant shall pay rent to Landlord only up to the date of vesting in the condemnor. Any prepaid or advance rental paid by Tenant to Landlord for the part of the term extending beyond the date on which the title vests in the condemnor shall be refunded after Landlord has received and award of just compensation from the condemning authority for the taking of the demised premises provided Tenant shall have duly performed all the covenants and conditions ofthis Lease by it to be performed. In on event shall Tenant receive any portion of award made to Landlord. Tenant's sole right shall be limited to a separate claim for the value of its property. 25. Default. In the event the Tenant shall default in the payment of rent or any other. sums payable by Tenant herein and such default shall continue for a period of five days, or ifthe Tenant shall abandon the premise and remove or attempt to remove there from the mayor portion of its furniture of fixtures, or if the Tenant shall default in the performance of any other covenants or agreements of this Lease and such default shall continue for thirty (30) days or ten (10) days after written notice thereof, of if the Tenant should become bankrupt or insolvent or any debtor proceedings be taken by or against the Tenant, then the Landlord may declare the entire balance of the rent for the remainder of the Tenant, then the Landlord may declare the entire balance of the rent for the remainder of the term to be due and payable and may collect the same by distress warrant; lock up the leased premises in order to protect its interest in the property secured by its Landlord's Lien, or the leased premises and relent the same without termination, in which latter event the Tenant covenants, and agrees to pay any deficiency after Tenant is credited with the rent thereby obtained less all repairs and expense ( including the expense of obtained possession), or the Landlord may resort to any two or more of such remedies or right, and adoption of one or more of such remedies or right shall not necessarily prevent the enforcement of other concurrently or thereafter. In the event of a breach or threatened breach by Tenant of any of the provision hereof Landlord shall also have the right of injunction. Any monies received from the Tenant at any point during the period of Lease will be applied at Landlord's discretion toward Tenant's earliest obligation. 26. Landlord's Lien. To the fullest extent allowable by law, the Landlord shall Piave alien on the goods, furniture and effects belonging to Tenant for the rent payable and all charges due Landlord hereunder, which lien shall be superior to all other liens of any kind or character whatsoever. No goods, furniture and effects shall be removed form the leased premises without the written consent of Landlord, except in the ordinary course of "Tenant's business until all rent and other applicable charges have been paid. 27. Legal Expenses. In case suit shall be brought, or an attorney shall be employed for recovery of the leased premises, for the recovery of rent or any other amount due under the provision of this Lease, or for the enforcement of, or because of the breach of, any covenant herein contained on the part of Tenant to. be kept or performed, Tenant shall pay to Landlord all costs expenses incurred, including a reasonable attorney's fees. 28. Holding Over. Any holding over after the expiration of the term hereof, without the consent of the Landlord, shall be construed to be a tenancy from month to month at a monthly rental equal to twice the sum of the monthly installments of base rent payable for the month immediately proceeding said holdover, plus 1/12 of any charges considered "additional rent" payable in the last year of the lease term (prorated on a monthly basis) and shall otherwise be on the terns and conditions herein specified so far as applicable. However, no holding over shall result in the waiver, loss of diminution of any of Landlord's right either under the terms of this Lease or under applicable law. 29. Accords and Satisfaction. No endorsement or statement on any check or any Letter accompanying any check or payment as rent shall be deemed an accord and satisfaction. Landlord shall only accept from Tenant payment in full on obligations as they accrue. 30. Entire Agreement. This lease sets forth all the covenants, promises, agreements, conditions, and understanding between Landlord and Tenant concerning the leased premises and there are no covenants, promises, agreements conditions, or understandings, either oral or written, between them other than are herein forth. Except as herein otherwise provided, no subsequent amendment, change or addition to this Lease shall be binding upon Landlord or Tenant unless reduced to writing and signed by them. 31. Notice. In every insurance where it shall be necessary or desirable for the Landlord to serve any notice or demand upon the Tenant, it shall be sufficient (A) to deliver or cause to be delivered to the Tenant at the demised premises a written or printed copy thereof, in which event the notice or demand shall be deemed to have served at the time the copy is so delivered (B) to send a written or printed copy thereof by United States certified mail, postage prepaid, addresses to the Tenant ant the demised premises, in which event the notice or demand shall be deemed to have been served at the time the copy is deposited in the U.S. mails, postage prepaid, or (C) to leave a written or printed copy deemed to have been served at the time the copy is left or affixed. All notices or demands shall be signed by or on behalf of the Landlord. 32. Captions and Section Numbers. The captions and section numbers appearing in this Lease are inserted only as a matter of convenience and in no way define, limit, construct or describe the scope or intent of such section or articles of this Lease nor in any way affect this Lease. 33. Partial Invalidity. If any section, clause, sentence, word or provision of this Lease or the application thereof to any party or circumstances shall, to any extent, be or become invalid or illegal, such provision shall thereby become null and void, the remainder of this Lease shall not affected thereby, and each remaining provision of this Lease shall be valid and enforceable to the fullest extent permitted by law. 34. Security Deposit and Assignment by Landlord. The Tenant, upon execution of this Lease, shall deposit with Landlord the sum of ($10,046.25) as security for the faithful performance and observance by Tenant of the terms, provisions and conditions of this Lease. This sum represents the I", last month and security deposit. It is agreed that in the event Tenant defaults in respect of any of the terms, provision and conditions of this Lease, including, but not limited to the payment of base rent and additional rent, Landlord may use, apply or retain the whole or any part of the security so deposited to the extent required for the payment of any base an additional rent or any other sum as to which Tenant is in default in respect of any of the terms, covenants and conditions of this Lease. In the event that Tenants shall fully and faithfully comply with all of the terms, provisions, covenants and conditions of the Lease, the security shall be returned to Tenants after the date fixed as the end of the Lease and after delivery of entire possession of the demised premises to Landlord. Landlord shall no be required any interest on said Security Deposit, and shall not be required to deposit said Security Deposit, into any separate fund. A. Landlord shall have the right to transfer and assign, in whole or in part, all and every feature of its rights and obligations hereunder and in the building and property refereed to herein. In the event of a sale, assignment or Lease of the Land or building or Landlord's leasehold interest, Landlord shall have the power to transfer this security to the vendee or assignee, and Landlord shall thereupon be released by Tenant from all liability for the return of such security and for the performance of the terms and conditions hereunder, and Tenant agrees to look solely to the new Landlord for the return of said security and the performance of the' terms, covenants and conditions of this Lease to be performed by Landlord B. It is agreed that the provisions hereof shall apply to every transfer or assignment made of the security to a new Landlord. Tenant further covenants that it will not assign or encumber the monies deposited herein as security and that neither Landlord nor his successors or assigns shall be bound any such assignment or encumbrance. 35. Applicable Law. This Lease shall be construed and its validity ipt6rpreted and its performance enforced pursuant to the laws of the State of Florida. 36. Garage Parking. Upon payment to Landlord of the prevailing monthly rate, Tenant shall be entitled to the use, in common with other, of available spaces in the parking garage. Applicable Florida sales tax shall be paid on all parking garages charges. It is understood that the monthly rate may not be increased more than once in a twelve (12) month period. 37. Quiet Enjoyment. Landlord agrees that if Tenant pays the base and additional rents and other charges herein provided and shall perform all of the covenants and agreements herein stipulated to be performed on Tenant's part, Tenant shall, at all the times during the leased premises without any manner of hindrance form Landlord or any persons lawfully claiming through Landlord except as to such portion of the demised premises as shall be taken by condemnation. Tenant agrees that it shall take no action during this Lease which would interfere in any manner with the peaceable and quiet enjoyment and possession of other Tenants in the building of which the leased premises forms a part.. 38. Cancellation. Either party shall have the right to unilaterally terminate this lease at any time with 90 days written notice. 39. Miscellaneous. The Landlord's right shall be cumulative and a waiver by Landlord of any right shall not be deemed to be a continuing waiver. Tenant agrees not to damage the premises or to permit waste or create a nuisance. The Landlord shall have the right to change the name of the building or complex. In the event this Lease or any instrument referring to this Lease is recorded without the consent of Landlord, the Landlord shall have the right to avoid this Lease or to bring an action to expunge this Lease from the public records and shall be entitled to damages, costs and attorney's fees. Landlord shall not be held responsible for acts of God or anything else beyond its control. However, Landlord shall not be liable to Tenant for sum greater than the balance of the unpaid rent. 40. Rule and Regulations. It is mutually agreed that all the rules and regulations, a copy of which is attached hereto, are incorporated herein as a part hereof as is fully set for herein and the Tenant convents and agrees that he/she and their servants abide by said rules regulations as they now exist or may in the future amended. 41 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 radons that exceed Federal and State guidelines have been found in building in Florida. Additional information regarding radon testing may be obtained from the Dade County Public Health Department. In witness whereof, the parties hereto have executed this lease on the date indicated. Signed, sealed, and delivered In presence of: EXECUTED BY TENANT THE DAY OF 32001 ACCEPTED AND EXECUTED BY LANDLORD THE DAY OF ,2001. BAYVIEW ASSOCIATES, INC DBA DUPONT PLAZA CENTER GENERAL MANAGER ADDENDUM On a space available basis, Community Redevelopment Agency will be afforded the use of 4 guest rooms per month or 48 rooms annually, complimentary in the Ramada Dupont Hotel. This offer is valid upon signing of the lease and is non-transferrable. IT- 12 RESOLUTION NO. SEOPW/CRA A RESOLUTION OF THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY (THE "CRA") AUTHORIZING THE CRA TO NEGOTIATE WITH THE LANDLORD OF THE DUPONT PLAZA BUILDING FOR THE LEASE OF ADDITIONAL OFFICE SPACE BY THE CRA IN CONNECTION WITH THE PROVISION OF TECHNICAL ASSISTANCE TO ORGANIZATIONS WITHIN THE REDEVELOPMENT AREA WITH A BASE RENTAL FOR THE LEASE PREMISES THE SUM OF ($42,525.00) PER YEAR PLUS APPLICABLE SALE TAX. THE BASE RENTAL SHALL BE PAYABLE IN EQUAL MONTHLY INSTALLMENT OF ($3,543.75). WHEREAS, the City of Miami approved and adopted the Southeast Overtown/Park West Community Redevelopment Plan pursuant to Resolution Nos. 82- 755 and 85-1247 (the "Redevelopment Plan"); and WHEREAS, the CRA is responsible for carrying out community redevelopment �r activities and projects in the Southeast Overtown/Park West Redevelopment Area (the "Redevelopment Area") established pursuant to the Redevelopment Plan; and WHEREAS, the CRA desires to negotiate with the landlord of the Dupont Plaza building for the lease of additional office space by the CRA in connection with the provision of technical assistance to organizations within the Redevelopment Area with a base rental for the lease premises the sum of ($42,525.00) per year plus applicable sale tax. The base rental shall be payable in equal monthly installment of ($3,543.75). NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are incorporated herein as if fully set forth in this Section. Section 2. The CRA is hereby authorized to negotiate with the landlord of the Dupont Plaza building for the lease of additional office space by the CRA in connection with the provision of technical assistance to organizations within the Redevelopment Area with a base rental for the lease premises the sum of ($42,525.00) per year plus applicable sale tax. The base rental shall be payable in equal monthly installment of ($3,543.75). ATTACHMENT (S) " �� I E D ITEM 2 Section 3. This resolution shall be effective upon its adoption. PASSED AND ADOPTED on this 301h day of July, 2001. ATTEST: Walter J. Foeman, City Clerk APPROVED AS TO FORM AND CORRECTNESS: Alejandro Vilarello, Esq. City Attorney O fir/ Arthur E. Teele, Jr., Chairman � I - 95 2 sp-op if /c" 95 0 4w IVIII t 95 LEASE THIS INDENTURE OF LEASE made on the 24"' day of July 2001 by and between BAYVIEW ASSOCIATES, INC. a Florida Corporation d/b/a Dupont Plaza Center (herein called "Landlord"), and Community Redevelopment Agency, whose mailing address is 300 Biscayne Blvd. Way, Suite 430 and Suite 309, Miami, Florida 33131. (Herein called "Tenant"). WITNESSETH: 1. Leased Premises. In consideration of the rents, covenants and agreements hereinafter reserved and contained on the part of the Tenant to be paid, observed and performed, Landlord demises and leases to Tenant, and Tenant rents from Landlord, those certain premises described on the attached "EXHIBIT A", office Suite 430 and 309 which premises contain an area of approximately 3,747 square feet, hereinafter called the "leased premises". 2. Terms and Commencement. The lease premises are leased for a term of two years, beginning on the I" day of September of 2001. 3. Landlord's Work. "Landlord agrees to complete the leased premises in accordance with the specifications attached hereto as "Exhibit B" and made a part hereof. The leased premises shall commence, as provide above, after Landlord notifies the Tenant that the work required of Landlord pursuant to the specifications attached hereto as "Exhibit B" have been substantially completed in accordance with said specifications are ready for Tenant's occupancy." 4. Tenant's Work. All work, including fixture, in regard to the leased premises, other than that to be perform by Landlord, shall be performed by Tenant's sole cost and expense, in accordance with the plans and specifications prepared by Tenant's architect, all in conformity with the requirements of this lease and exhibits. Tenant will complete Tenant's work in compliance with such reasonable rules and regulation as Landlord and Landlord's Architect, Contractor or Contractors may make an in accordance with all applicable laws, orders, regulation, and requirements of all governmental authorities having jurisdiction over the same. Tenant shall then take possession of the lease premises. Tenant's work will be commenced when Landlord has approved Tenant's final working drawing and specifications. 5. Additional Security Deposit. Tenant's security deposit shall, at all times, be at least equal to one (1) month's rent as set forth in Paragraph 6 of this Master Lease, including base rental, Florida sales tax, and last months' rent. During the term of this lease and any renewals or options thereto when the Tenant's monthly rent increases above the amount of security deposit held by Landlord, Tenant shall deposit the difference with the Landlord, upon demand. 6. Base Rental. For the first lease year, in addition to "additional rental", as herein provided, Tenant shall pay Landlord as base rental for the leased premises the sum of ($81,000.00) per year plus applicable sales tax. The base rental shall be payable in equal monthly installment of $ 6,750.00 and SHALL BE PAID IN ADVANCE ON OR BEFORE THE FIRST DAY OF EACH MONTH computed on a monthly basis as follow: MOPd '� 95 Base Rental $ 6,750.00 6.5% Florida Sales Tax (exempt) TOTAL $ 6,750.00 In the event Tenant shall fail to make said payment by the 5th of the month, Tenants shall be charged a late charge of 5% per month for each payment received after the 5th of said month. All based and additional rentals payable under this lease shall be paid without any deduction or set off whatsoever. A service charge of ($25.00) dollars will be assessed for handling of any returned check. If the lease term shall commence upon a day other than the first day of the calendar month, then Tenant shall pay, upon the commencement date of the lease term, 1/30 of such minimum rent for each day the fractional calendar month preceding the first full calendar month in the lease term. 7. Increased Rent. The monthly base rental for the twelve (12) month period after the first twelve (12) months shall be 7,750.00 per month. Future annual increases after two (2) years from commencement of this lease shall be 6% over the prior year. The effect of such increase shall be compounded. 8. Additional Rent. Tenant shall pay as additional rental all sums of money or charges required to be paid by Tenant under this lease, whether or not the same be designated "additional rental". If such amount of charges are not paid when due be collectible as additional rental with any installment of rent thereafter due hereunder, but nothing herein contained shall deemed to suspend or delay the payment of any amount of money or charge at the time the same becomes due and payable hereunder, or limit any applicable law for the collection of the such sums, or otherwise. Tenant, for each calendar or partial year, during the term of this Master Lease or any renewal thereof, shall pay to Landlord its proportionate share, as hereinafter defined, of all real estate taxes assessed or levied. Tenant's proportionate share for said real state taxes and for any future assessments, levies, taxes, and the like, for each calendar year of the term of this lease or any renewal thereof shall be determined by dividing the total number of square feet in the lease premises (7,763) by the total number of square feet of all leasable building space within the building (844,823). Tenants shall be prorated in the events the Tenants are required to make such payment for a partial calendar year. In addition, should the taxing authorities include in such real state taxes the value of any improvements made by Tenants, or include machinery, equipment, fixtures, inventory, or other personnel or assets of the Tenant, shall also pay 110% of the personal property taxes and real state taxes for such item Tenant shall pay Landlord each month a sum equal to 1/12 of the annual taxes and assessment, as defined above, all as estimated by the landlord, so that the Landlord shall have sufficient funds to pay the taxes taking advantage of the maximum allowable discount. If, from time, the Landlord shall determined that the balance of the found held by it to pay the taxes when the same shall become due, then the Tenant shall pay to the Landlord on demand any amount necessary to remedy deficiency. Lessor's failure to make a demand for payment shall not be deemed to waiver or cause lessor to 1_� PWICRA Pursuant to Section 713.10 of the Florida Statutes, notice is hereby given that the interest of the Landlord shall not be subject to lien for improvements made by Tenant. The parties agree that Tenant shall have no right to record this lease or a memorandum of this Lease in which this provision is set forth, or other information contained in this Lease, without Landlord's written consent. 12. Use of Premises. The premises are hereby leased for use solely as office. 13. Posting. During the period of ninety (90) days prior to the expiration of this lease or any renewal thereof, Landlord shall have the right to display on the exterior of the premises the customary sign "For Lease", and during such period Landlord may show the premises and all parts to prospective Tenants. 14. Right of Entry. Tenant shall permit Landlord, its agents, employees and contractors to enter the premises and all parts thereof at any time to inspect the same and to enforce or carry out any provision of this Lease. 15. Tenant's Responsibility. The Tenant shall occupy and use the premises during the term purpose here above specified and none other; will not exhibit, sell or offer for sale on the premises or in the building any article or thing whatsoever (except all those articles and things essentially connected with the state use of the premises) without the advance written consent of the Landlord, and will not make or permit any use of the premises, which directly or indirectly, is forbidden by public law, ordinance or governmental regulation or which may invalidate any policy of insurance carried on the building or covering its operation, and will comply with the rules and regulations attached to this lease and hereby made a part of this lease as though inserted in this paragraph, and such other rules and regulations as the Landlord may hereafter adopt and make known to the Tenant by notice. Landlord shall have the right to determine and prescribe the weight and proper position of any unusually heavy equipment including safes, large files, etc. and to limit, restrict or exclude such equipment as well as other equipment other machinery, which in Landlord's opinion are unusually noisy or create unusual vibrations or give off noxious odors. Only those, which, in the opinion of Landlord, may be modified and used so as to avoid noise, vibration and noxious odors, may be moved into the building. Tenant shall repair promptly at its own expense any damage to the premises caused by bringing into the premises any property for Tenant's use, or by the installation or removal of such property, regardless of fault or by whom such damage shall be caused, unless caused by Landlord, its agents, employees or contractors (and in default of any such repairs by Tenant, within fifteen (15) days after Landlord's written demand thereof). If Tenant refused or neglects to repair property as required hereunder and to the reasonably possible after written demand, Landlord may make such repairs without liability to Tenant for any loss or damage that accrue to Tenant's merchandise, fixtures, or other property or to Tenant's business by reason thereof, and upon completion thereof, Tenant shall pay Landlord's cost for making such repair plus twenty percent of overhead, upon presentation of bill therefore. 16. Surrender of Premises. At the expiration of the tenancy created, Tenant shall surrender the leased premises in the same condition as the leased premises were in upon delivery of possession thereto under this lease, reasonable wear and tear expected (to be determined in Landlord's reasonable discretion). Tenant shall remove all its trade fixtures and any alterations or improvements which Landlord requests to be removed before surrendering the premises as aforesaid and shall repair any damage to the leased premises cause hereby, including holes in wall/partitions. Tenants obligations to observe or perform this covenant shall survive the expiration or other termination of the term of this Lease. 17. Responsibilities of Landlord. Landlord will furnish the following services to the Tenant: (A) elevator service; (B) electric current for normal and customary office use; (C) water in such amount as in Landlord's absolute judgment is necessary for lavatory and like purpose; (D) daily janitorial service; (E) air conditioning. Landlord shall maintain and operate the air conditioning equipment installed, including the replacement thereof when necessary, in such manner as to maintain comfortable conditions of temperature and humidity within the leased premises. The Tenant will not bring electric or plumbing into the premises, and will not install or operate any electrical equipment or other machinery, except light office machines (such as typewriters, adding machines, computers and word processors) normally used without first obtaining the consent in writing of the Landlord, who may condition such consent upon the payment by the Tenant of additional rent as compensation of said equipment or machinery. It is understood that if any additional power is needed, it will be at Tenant's expense and should there by any damages resulting from power overload, it will be at Tenant's risk It is further understood that the electricity to be supplied by Landlord under this paragraph shall not be generated by Landlord, but will be obtained from a public utility company supplying same, and it is therefore agreed that landlord shall in no event be liable or responsible to Tenant for any loss, damage or expense which Tenant may sustain or incur if either the quantity or character of electric current shall be changed by the public utility company nor shall Landlord be responsible for any failure on the part of such public utility company to furnish and adequate or satisfactory supply of electricity or because of any interruption of such supply of electricity or because of any interruption of such service. Failure by Landlord to any extent to furnish, or any stoppage of, these defined services resulting from causes beyond the control of the Landlord shall not render Landlord liable in any respect for damages to either person or property, nor be construed as an eviction of Tenant, nor work and abatement or rent, nor relieve Tenant from fulfillment of any covenant or agreement hereof. Landlord shall not be required to furnish any such services during any period when Tenant shall be in default in the payment of rent. Tenant agrees not to hold Landlord responsible or liable by abatement of rent, set-off, counterclaims or otherwise for any damage sustained by Tenant or any other person due to the building or any part thereof being or becoming out of repair. 18. Subordination and Attornment. (A) This Lease be subject and subordinate to any ground Lease(s), underlying lease(s), or mortgage(s) including any extension, renewals, encumbering the premise. This provision shall be self -operative without the execution of any further instruments. Notwithstanding the foregoing, however, Tenant hereby agrees to execute and deliver, within (7) days following request therefore any instruments(s) which Landlord or Landlord's mortgage may WOP'WIM deem desirable to evidence the subordination of this Lease pursuant to this section 18. Tenant hereby appoints Landlord the attorney -in -fact for Tenant to execute and deliver any document to be executed and delivered by Tenant pursuant to this section 18 shall be deemed a default by without the necessity of notice to Tenant. (B). If the interest of Landlord under this Lease shall be transferred voluntarily or by reason of foreclosure or other proceedings, Tenants shall, at the election of such transferee, be bound to such transferee (herein sometimes called the "Purchaser" for the balance of the term hereof remaining, and any extensions or renewal thereof which may be effected in accordance with the terms and provision hereof, with the same force and effect as if the Purchaser were the Landlord under this Lease and Tenant does hereby agree to attorn to the Purchaser including the mortgage under any such mortgage if it is the Purchaser, as its Landlord. Said attornment shall be effective and self -operative without the execution of any further instrument upon the Purchaser succeeding to the interest of the landlord under this Lease. Notwithstanding the foregoing, however, Tenant hereby agrees to execute any instrument(s) which Landlord may deem desirable to evidence said attornment by Tenant. The respective rights and obligations of Tenant and the Purchaser upon such attornment, to the extend of the then remaining balance of the Term of this Lease and any such extensions and renewals, shall be and are the same as those set forth herein. In the event of such transferee of Landlord's interests, Landlord shall be released and relieved from all liability and such transfer of Landlord's interest, landlord shall be released and relieved from all liability and responsibility thereafter accruing to Tenant under this Lease or otherwise and Landlord's successor by acceptance of rent from Tenant hereunder shall become liable and responsible to Tenant in respect to all obligations of the Landlord under this Lease accruing from and after the date of such transfer. 19. Prohibited Article and Activities. Tenant agrees that it will not use, sell or offer for sale in or upon the leased premises and dangerous, explosive or other article, which affords insurance coverage to Landlord with respect to the leased premises. Any article that is prohibited by law, ordinance or applicable regulation of an administrative or governing body shall likewise be banned from the premises. 20. Indemnification of Landlord. Tenant shall indemnify Landlord (including attorney's fees), damages, expenses, and liability in connection with loss of life, personal injury and/or damage to property arising form or growing out of any occurrence in, upon or at the leased premises or any part thereof, except if such damages, expenses or liability are cause by landlord or Landlord's agents, negligent acts or omissions. In case Landlord shall, without fault on its part, be made a party to any litigation commenced by or against Tenant, then Tenant shall protect and hold Landlord harmless and shall pay all costs, expenses, and reasonable attorney's fees incurred or paid by Landlord in connection with such litigation. 21. Subordination. Landlord reserves the right to subject and subordinate this Lease at all times to the lien of any mortgage now or hereafter placed upon Landlord's interest in the leased premises, or upon the land or premises of which the leased premises are a part, or upon any building now or hereafter placed upon the land of which the leased premises form a part, and to all advances made or hereafter to be made upon the security hereof, all without the necessity of Tenant joining in SEOPW/C". _ 9 any such subordination; however, upon request of Landlord, Tenant shall execute and deliver such further instrument evidencing such subordination as Landlord may reasonably request. 22. Assignments and Sublease. Tenant shall not assign, mortgage, pledge, hypothecate, or sublet this Lease in whole or in part, nor license franchise or sublet or any part of the leased premises, without the prior written consent of Landlord in each instance. Notwithstanding any assignment or sublease, Tenant and any guarantor of Tenant shall remain fully liable of this lease and shall be released from performing any of the terms, covenants and conditions of this Lease. Tenant shall pay all costs, expenses and reasonable attorney's fees that may be incurred or paid by Landlord in processing, documentation, or administering any request by Tenant for Landlord's consent pursuant to this section. Nothing contained in this Lease shall in any manner restrict Landlord's right to assign or encumber this Lease in its sole discretion. Notwithstanding the above, Tenant may not sublease premises without the written consent of Landlord, which written consent shall not be unreasonably withheld. 23. Destruction of the Leased Premises. In the event, during the term ofthis Lease, the demised premises are damaged by fire or otherwise and such damage is not caused by the negligence of default of the Tenant or the Tenant's agents, servants, employees or visitors, the Landlord shall repair such damage with reasonable diligence after notice thereof. In the event of the total destruction of the building in which the leased premises are located or in the event that said building is so destroyed or damaged by fire or other elements (whether or not leased premises or damaged by fire or other whether or not the lease premises are affected.) that the Landlord determines to tear down, rebuild or reconstruct said building, then the Landlord shall have the option of terminating this Lease, and the Tenant, is such event, agrees that said term shall terminate and that Tenant shall surrender the demised premises prepaid rent shall be refunded. No claim or compensation shall be made by reason of loss, damage, inconvenience or annoyance arising from the necessity o repairing any portion of the leased premises or the building in which the lease premise is located. Landlord shall not be liable to carry fire, casually or extend damage insurance on the person or property of the Tenant or any property, which may now or hereafter be placed in the leased premises. 24. Condemnation. In the event the whole or any part of the land or building in which the demises premises are located, shall be taken or condemned for public or quasi -public use or purpose, or is taken by private purchase in lieu of condemnation, the Landlord may, at his option, terminate this Lease from the date title or right to possession shall vest in or be taken for such public use or purpose. Such date shall operate as through it were the date originally intended by the parties for expiration of the tenancy created hereunder, and the rent reserved herein by the parties for expiration of the tenancy created hereunder, and the rent reserved herein shall be adjusted in light of the condemnation, so that Tenant shall pay rent to Landlord only up to the date of vesting in the condemnor. Any prepaid or advance rental paid by Tenant to Landlord for the part of the term extending beyond the date on which the title vests in the condemnor shall be refunded after Landlord has received and award of just compensation from the condemning authority for the taking of the demised premises provided Tenant shall have duly performed all the covenants and conditions ofthis g1WJ Lease by it to be performed. In on event shall Tenant receive any portion of award made to Landlord. Tenant's sole right shall be limited to a separate claim for the value of its property. 25. Default. In the event the Tenant shall default in the payment of rent or any other sums payable by Tenant herein and such default shall continue for a period of five days, or ifthe Tenant shall abandon the premise and remove or attempt to remove there from the mayor portion of its furniture of fixtures, or if the Tenant shall default in the performance of any other covenants or agreements of this Lease and such default shall continue for thirty (30) days or ten (10) days after written notice thereof, of if the Tenant should become bankrupt or insolvent or any debtor proceedings be taken by or against the Tenant, then the Landlord may declare the entire balance of the rent for the remainder of the Tenant, then the Landlord may declare the entire balance of the rent for the remainder of the term to be due and payable and may collect the same by distress warrant, lock up the leased premises in order to protect its interest in the property secured by its Landlord's Lien, or the leased premises and relent the same without termination, in which latter event the Tenant covenants, and agrees to pay any deficiency after Tenant is credited with the rent thereby obtained less all repairs and expense ( including the expense of obtained possession), or the Landlord may resort to any two or more of such remedies or right, and adoption of one or more of such remedies or right shall not necessarily prevent the enforcement of other concurrently or thereafter. In the event of a breach or threatened breach by Tenant of any of the provision hereof Landlord shall also have the right of injunction. Any monies received from the Tenant at any point during the period of Lease will be applied at Landlord's discretion toward Tenant's earliest obligation. 26. Landlord's Lien. To the fullest extent allowable by law, the Landlord shall have a lien on the goods, furniture and effects belonging to Tenant for the rent payable and all charges due Landlord hereunder, which lien shall be superior to all other liens of any kind or character whatsoever. No goods, furniture and effects shall be removed form the leased premises without the written consent of Landlord, except in the ordinary course of "Tenant's business until all rent and other applicable charges have been paid. 27. Legal Expenses. In case suit shall be brought, or an attorney shall be employed for recovery of the leased premises, for the recovery of rent or any other amount due under the provision of this Lease, or for the enforcement of, or because of the breach of, any covenant herein contained on the part of Tenant to be kept or performed, Tenant shall pay to Landlord all costs expenses incurred, including a reasonable attorney's fees. 28. Holding Over. Any holding over after the expiration of the term hereof, without the consent of the Landlord, shall be construed to be a tenancy from month to month at a monthly rental equal to twice the sum of the monthly installments of base rent payable for the month immediately proceeding said holdover, plus 1/12 of any charges considered "additional rent" payable in the last year of the lease term (prorated on a monthly basis) and shall otherwise be on the terms and conditions herein specified so far as applicable. However, no holding over shall result in the waiver, loss of diminution of any of Landlord's right either under the terms of this Lease or under applicable law. 29. Accords and Satisfaction. No endorsement or statement on any check or any SEOPW/Cu Letter accompanying any check or payment as rent shall be deemed an accord and satisfaction. Landlord shall only accept from Tenant payment in full on obligations as they accrue. 30. Entire Agreement. This lease sets forth all the covenants, promises, agreements, conditions, and understanding between Landlord and Tenant concerning the leased premises and there are no covenants, promises, agreements conditions, or understandings, either oral or written, between them other than are herein forth. Except as herein otherwise provided, no subsequent amendment, change or addition to this Lease shall be binding upon Landlord or Tenant unless reduced to writing and signed by them. 31. Notice. In every insurance where it shall be necessary or desirable for the Landlord to serve any notice or demand upon the Tenant, it shall be sufficient (A) to deliver or cause to be delivered to the Tenant at the demised premises a written or printed copy thereof, in which event the notice or demand shall be deemed to have served at the time the copy is so delivered (B) to send a written or printed copy thereof by United States certified mail, postage prepaid, addresses to the Tenant ant the demised premises, in which event the notice or demand shall be deemed to have been served at the time the copy is deposited in the U.S. mails, postage prepaid, or (C) to leave a written or printed copy deemed to have been served at the time the copy is left or affixed. All notices or demands shall be signed by or on behalf of the Landlord. 32. Captions and Section Numbers. The captions and section numbers appearing in this Lease are inserted only as a matter of convenience and in no way define, limit, construct or describe the scope or intent of such section or articles of this Lease nor in any way affect this Lease. 33, Partial Invalidity. If any section, clause, sentence, word or provision of this Lease or the application thereof to any party or circumstances shall, to any extent, be or become invalid or illegal, such provision shall thereby become null and void, the remainder of this Lease shall not affected thereby, and each remaining provision of this Lease shall be valid and enforceable to the fullest extent permitted by law. 34. Security Deposit and Assignment by Landlord. The Tenant, upon execution of this Lease, shall deposit with Landlord the sum of ($10,046.25) as security for the faithful performance and observance by Tenant of the terms, provisions and conditions of this Lease. This sum represents the I", last month and security deposit. It is agreed that in the event Tenant defaults in respect of any of the terms, provision and conditions of this Lease, including, but not limited to the payment of base rent and additional rent, Landlord may use, apply or retain the whole or any part of the security so deposited to the extent required for the payment of any base an additional rent or any other sum as to which Tenant is in default in respect of any of the terms, covenants and conditions of this Lease. In the event that Tenants shall fully and faithfully comply with all of the terms, provisions, covenants and conditions of the Lease, the security shall be returned to Tenants after the date fixed as the end of the Lease and after delivery of entire possession of the demised premises to Landlord. Landlord shall no be required any interest on said Security Deposit, and shall not be required to deposit said Security Deposit, into any separate fund. 4 W A. Landlord shall have the right to transfer and assign, in whole or in part, all and every feature of its rights and obligations hereunder and in the building and property refereed to herein. In the event of a sale, assignment or Lease of the Land or building or Landlord's leasehold interest, Landlord shall have the power to transfer this security to the vendee or assignee, and Landlord shall thereupon be released by Tenant from all liability for the return of such security and for the performance of the terms and conditions hereunder, and Tenant agrees to look solely to the new Landlord for the return of said security and the performance of the terms, covenants and conditions of this Lease to be performed by Landlord B. It is agreed that the provisions hereof shall apply to every transfer or assignment made of the security to a new Landlord. Tenant further covenants that it will not assign or encumber the monies deposited herein as security and that neither Landlord nor his successors or assigns shall be bound any such assignment or encumbrance. 35. Applicable Law. This Lease shall be construed and its validity interpreted and its performance enforced pursuant to the laws of the State of Florida. 36. Garage Parking. Upon payment to Landlord of the prevailing monthly rate, Tenant shall be entitled to the use, in common with other, of available spaces in the parking garage. Applicable Florida sales tax shall be paid on all parking garages charges. It is understood that the monthly rate may not be increased more than once in a twelve (12) month period. %6 37. Quiet Enjoyment. Landlord agrees that if Tenant pays the base and additional rents and other charges herein provided and shall perform all of the covenants and agreements herein stipulated to be performed on Tenant's part, Tenant shall, at all the times during the leased premises without any manner of hindrance form Landlord or any persons lawfully claiming through Landlord except as to such portion of the demised premises as shall be taken by condemnation. Tenant agrees that it shall take no action during this Lease which would interfere in any manner with the peaceable and quiet enjoyment and possession of other Tenants in the building of which the leased premises forms a part. 38. Cancellation. Either party shall have the right to unilaterally terminate this lease at any time with 90 days written notice. 39. Miscellaneous. The Landlord's right shall be cumulative and a waiver by Landlord of any right shall not be deemed to be a continuing waiver. Tenant agrees not to damage the premises or to permit waste or create a nuisance. The Landlord shall have the right to change the name of the building or complex. In the event this Lease or any instrument referring to this Lease is recorded without the consent of Landlord, the Landlord shall have the right to avoid this Lease or to bring an action to expunge this Lease from the public records and shall be entitled to damages, costs and attorney's fees. Landlord shall not be held responsible for acts of God or anything else beyond its control. However, Landlord shall not be liable to Tenant for sum greater than the balance of the unpaid rent. �1- 95 H ce 40. Rule and Regulations. It is mutually agreed that all the rules and regulations, a copy of which is attached hereto, are incorporated herein as a part hereof as is fully set for herein and the Tenant convents and agrees that he/she and their servants abide by said rules regulations as they now exist or may in the future amended. 41 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 radons that exceed Federal and State guidelines have been found in building in Florida. Additional information regarding radon testing may be obtained from the Dade County Public Health Department. In witness whereof, the parties hereto have executed this lease on the date indicated. Signed, sealed, and delivered In presence of EXECUTED BY TENANT THE DAY OF , 2001 ACCEPTED AND EXECUTED BY LANDLORD THE DAY OF ,2001. BAYVIEW ASSOCIATES, INC DBA DUPONT PLAZA CENTER GENERAL MANAGER SEOPWICRA J1- 95 CITY OF MIAMI. FLORIDA N:T6Ir INTER -OFFICE MEMORANDUM ITEM 2 SEOPWICRA Chairman Teele and Members of the CRA Board Dipak M. Parekh Executive Director RECOMMENDATION DATE: July 30, 2001 FILE: SUBJECT: CRA to Negotiate with the Landlord of the Dupont Plaza Building for the Lease of Additional Office Space by the CRA in the Connection with REFERENCES: the Provision of Technical Assistance to Organizations within the Redevelopment Area. ENCLOSURES: Resolution It is recommended that the Southeast Overtown/Parkwest Community Redevelopment Agency (CRA) authorizes the negotiations with the owners of the Dupont Plaza Properties for the lease of office space in order to be able to facilitate enhanced technical assistance to entities within the CRA designated boundaries. BACKGROUND The attached resolution approves the negotiating process for additional office space within the Dupont Plaza Building. Funding Source: General Fund Account Number: 689004.50011.6.620 VOW �`"