HomeMy WebLinkAboutOMNI-CRA-R-03-00421
RESOLUTION NO. SEOPW/CRA R- 0 60
OMNI/CRA R- 03'`fit
A JOINT RESOLUTION OF THE BOARDS OF
DIRECTORS OF THE SOUTHEAST
OVERTOWN/PARK WEST ("SEOPW") AND OMNI
COMMUNITY REDEVELOPMENT DISTRICT
("OMNI") COMMUNITY REDEVELOPMENT
AGENCIES ("CRAS"), AUTHORIZING THE
EXECUTIVE DIRECTOR TO EXECUTE A LEASE
AGREEMENT, IN A FORM ACCEPTABLE TO CRA
GENERAL COUNSEL, WITH THE CITADEL ARENA
CORPORATION FOR THE LEASE OF
APPROXIMATELY 10,000 SQUARE FEET OF
OFFICE SPACE AT 49 NW 5TH STREET, MIAMI,
FLORIDA, FOR AN INITIAL TERM OF TWO
YEARS, WITH OPTIONS TO RENEW FOR THREE
ADDITIONAL 1-YEAR PERIODS, AT AN
INITIAL GROSS RATE OF $15.80 PER SQUARE
FOOT, FOR A MONTHLY COST OF $13,167.00;
FUNDS TO BE ALLOCATED FROM ACCOUNT CODE
NO. 689004.550011.6.620.
ITEM S-3
JUL 15 2003
WHEREAS, the CRAS require the use of office space to
carry out their operations; and
WHEREAS, the CRAS' current lease for office space with
Bayview Associates, Inc., d/b/a Dupont Plaza Center,
expires on September 1, 2003; and
WHEREAS, the current offices of the CRAS are not
located within the boundaries of the SEOPW or Omni CRA;.and
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03- 42 03- 60
ITEM S-3
, UL 15 2003
WHEREAS, the. Boards of Directors desire that the CRAS'
offices be located within the boundaries of one of the
redevelopment areas; and
WHEREAS, the CRAS advertised their request for
proposals for provision of office space;' and
WHEREAS, the CRAS have reviewed the responses to the
request for proposals and determined the response of
Citadel Arena Corporation to be the most advantageous to
the CRAS; and
WHEREAS, the office space offered by Citadel Arena
Corporation is within the boundaries of the SEOPW CRA.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARDS OF
DIRECTORS OF SOUTHEAST OVERTOWN/PARK WEST AND THE OMNI
REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCIES OF
THE CITY OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the
Preamble to this Resolution are hereby adopted by reference
and, incorporated herein as if fully set forth in this
section.
Section 2. The Boards of Directors of the CRAS,
authorize the Executive Director to execute a. lease
agreement, in a form acceptable to CRA General Counsel,
with Citadel Arena Corporation for the lease of
Page 2 of 3 ®Mj/CRA 3$0PW/CRA
03- 42 03 GO
ITEM
JUL
S-3
15
2003
approximately 10,000 square feet of office space located at
49 NW 5th Street, Miami, Florida.
SECTION 3. The lease shall be for an initial term of
two years, and provide the CRAS with an option to renew for
three additional 1-year periods, at an initial gross rate
of $15.80 per square foot, for a monthly cost of
$13,167.00.
Section 4. Funds are to be allocated from Account
Code No. 689004.550011.6.620.
Section S. This Resolution shall become effective
immediately upon its adoption.
PASSED AND ADOPTED this JS�—%ay of July, 2003.
AR UR E. TEELE, JR., C AIRMAN
ATTEST:
&�. A- (�- 0'," -
PRISCILLA A. THOMPSON
CLERK OF THE BOARD
AS 21V FO "AND CORRECTNESS:
KNDRO VILAR
RAL COUNSEL
FKR/JHV
Page 3 of 3
ONM/CRA
03- 42
SEOPW/CRC!
03- 60
• ITEM S-3
SOUTHEAST OVERTOWN/PARK WEST JUL 1. F ?_00
AND OMNI
COMMUNITY REDEVELOPMENT AGENCIES
INTER -OFFICE MEMORANDUM
To: Chairman Arthur E. Teele, Jr. and Date: July 07, 2003 File:
Members of the CRA Board
�1 Subject: Lease Agreement with
y1 Citadel Arena Corp. for
CRA Office Space.
From: Frank K. Rollason References:
Executive Director
Enclosures: Resolution
RECOMMENDATION:
It is recommended that the CRA Board of Directors approve the attached Joint
Resolution authorizing the Executive Director to negotiate and execute a Gross
Lease Agreement between the CRA's and the Citadel Arena Corporation for
approximately 10,000 square feet of office space, located at 49 NW 5th Street,
Miami, Florida, within the boundaries of the Southeast Overtown/Park West CPA
area for the offices of the CPA, for an initial term of two years (with 3
additional one year options), at a gross rate of $15.80 per square foot for a
monthly cost of $13,167.00. (Item S-3 is related to Item S-4)
JUSTIFICATION:
The current lease (copy attached) for office space between the CRA and Bayview
Associates, Inc., located at the Duporit'.P7laza'expires on September 1, 2003.
Currently, we are paying $11.98 per square foot (7,763 sq feet) for a monthly
rate of $7,750.00, plus parking ($95 per month x average of 10 cars= $950.00
per month ). If we were to continue the lease, the monthly rate increases to
$8,215.00 on September 1, 2003, a 6% increase and an additional 6% annually
compounded each year thereafter. Although there exists an annual extension
option, it is desirous to relocate the CRA offices within the boundaries of the
CPA and it is anticipated that demolition of the Dupont may take place some
time in 2004 to make way for new development. At the direction of the CRA
Board of Directors, at the January 27, 2003 meeting, Administration advertised
for office space and received three responses at the Office of the City
Clerk by May 1, 2003; one was deemed non -responsive in that 'the space was not
located within either CRA boundaries. On May 23, 2003, I notified the CRA
Board.via memo and attached back-up (complete packet attached), that I intended
to recommend to the CRA Board at the June 30, 2003 Board meeting, that we
pursue a lease agreement with the Citadel Arena Building. Their offer was for
$16.60 per square foot on a gross lease. Subsequent to their offer, we met and
negotiated the price per square foot downward to $15.80, still keeping a gross
lease, and they agreed to absorb the cost of some minor partition type
modifications required to meet our staff needs. The second responsive offer
was for $30.73 per square foot and only had approximately 5,000 square feet to
offer - we require approximately 8,000 square feet with no expansion
capability. Keep in mind, that we now have our Assistant General Counsel and
his assistant housed at the CRA office facility and we are also housing an
Page 1 of 2 SE®PW/CRA. ' ®MNi/CRA
03- 60 03- 42
additional Assistant 0y Attorney to help alleviatorowded conditions for the
City Attorney at the MRC Building.
In addition, the Citadel location is ready for immediate occupancy and the
owner has offered free rent between the signing of the lease until September;
this would allow us to make the move in August when no CRA Board meetings
are scheduled and be up and running by September. The other offer required
build -out at CRA expense, requiring CRA to submit permitted construction
drawings by June 15, 2003 to be ready by September 103 and the costs for the
build -out would be amortized over the 2-5 year term of the lease payable
monthly by the CPA.
Taking all issues into consideration, time line, cost per square foot, build
out costs, location, and available square footage, I am recommending that the
Board approve the attached Joint Resolution.
FUNDING SOURCE: General Fund entitled: Rent of Buildings
ACCOUNT CODE: 689004.550011.6.620
FKR/EM
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0 3 -- 60 OMT/CRA
63- 42
ITEM S-3
•
•
•
AGENDA ISM JUL i 5 2003
FINANCIAL INFORMATION FORM
CRY OF MIAMI
COMMUNITY REDEVELOPMENT AGENCY
GENERAL OPERATING FUND
J U L 15 2003
CRA Board Meeting Date:
CRA Section: Administration
Brief description of CRA Agenda Item:
Lease Agreement for CRA office space, located at 49 NW 5th
Street, Miami, Florida, approximately 10,000 square feet for an
initial term of two years at a gross rate of $15.80 per square
foot totaling approximately $316,000.00.
Project Number (if applicable): 689004
YES, there are sufficient funds in Line Item:
Index Code: 550011 Minor: 620 Amount: $316,000.00
NO (Complete the following source of funds information):
Amount budgeted in the line item: $
Balance in the line item: $
Amount needed in the line item: $
Sufficient funds will be transferred from the following line items:
ACTION
I ACCOUNT NUMBER
TOTAL
Project No./Index/Minor Object
From
$
To
$
From
$
To
$
Comments:
Approved by: Date: ? d
A Executive Director/Designee
✓^:'\\,^.,`�:v\/..Vti .�. ^,\..'✓`."•.'�"V•.�\\.�`�'..�',.1 \�i�/,1!,.��. �-�! \•'�.•n.."v �\: ..v.' �. \:v .'�\^.ice✓.,^.�,-�.'�/ V�'`^V`i\ti'�.\"\'•`^
APPROVALS
Veri
CRA Accounting Section
Date: Z y2
Veri
CRA Finance Section
Date: -71716 s
SEOPW/CRA
3-- 60
OMNI/C
03- n2
• CrrY OF MIAMI, FLORIDA
COPY
INTER -OFFICE MEMORANDUM
Honorable Arthur E. Teele, Jr., Chairman
DATE: May 23, 2003 FILE:
& Members of the CRA Board
su6,1ECT: Proposed CRA Office Space
FROM:
Frank K. Rollason
REFERENCES:
Direction given at 1/27/03
Executive Director
ENCLOSURES: Board Meeting.
Community Redevelopment Agency
•
•
At the January 27, 2003 CRA Board of Directors meeting, the following directive was
issued by the Board: "Direction to the CRA Executive Director by Vice Chairman
Winton to discuss alternate CRA office relocation sites and bring alternatives rack to the
Board for consideration." In light of this direction, CRA staff advertised for office space
with responses due to the City- Clerk by May 1, 2003. We received three responses: the
first deemed non -responsive because space was located outside the CRA boundaries and
the other two deemed responsive - one in the Omni CRA Area (The .Grand at 1717 N,
Bayshore Drive) and one in the. SEOPW CRA Area (The Citadel Arena Building at 49
NW 5th Street).
It will be 'my recommendation at the June 30th CRA Board Meeting that we pursue a
lease. agreement with the Citadel Arena Building. It is about half the cost per square foot
as The Grand and provides more square footage; The Grand does not quite meet the .
minimum square footage requirements (8,000 sq ft) and allows not room for expansion.
Keep in mind that we have now acquired anAssistant City Attorney and his assistant on
site at the CRA offices and this has greatly unproved - our daily communication and focus
on CRA issues. In addition; I will be requesting two additional staff. positions in the FY
'04 CRA Budget Request.
Of particular concern to me, as expressed by at least one Board Member and the Mayor,
during tours of the CRA Areas, is the image the CRA would project by moving into The
Grand. I believe this particular location could be viewed by many of the residents of both
CRA Areas as an "extravagant expense" or "opplent offices" for an agency who's mission
it is to facilitate development', in the inner-city and remove slum and blight. At The
Grand, we would be using taxpayer dollars to provide top of the line office space and also
set up kind of a barrier to those in the community who need to deal with .their CRA on,a
regular basis.
Attached you* will find a comparison spreadsheet of the two facilities. If you have any
questions on particular issues prior to the June 30th meeting please contact me, and we
can meet.
FKR:sg
SEOPW/CRA OMNI/CRA
03- 60 03- 42
Now
- CRA OFFICE RELOCATION'- T
Submitted by:
Toy 13, Inc.
2125 Biscayne Boulevard'
Miami, FL
(submitted by i+ortune International
Realty)
REQUIREMENTS OF ADVERTISEMENT
Within SEOPW or OMNI CRA
Boundaries?
Facility approx. 8,000 sq. ft.
Conf. Rooms?
Kitchen?
20 Parking Spaces Available foi-CRA
exclusive use?
Near Major Traffic Artery?
Near Metrorail / Metromover? . .
Restrooms available at all times?
(preference to within space)
Alarm System?
(preference given)
Ready for immediate occupancy?
C.0
rn Quick Build -out?
1 'b
Tenant Alterations to be provided as
n part of rental consideration?
® Lease Rate?
Option Periods?
NON -RESPONSIVE BID' '
OUTSIDE CRA BOUNDARIES
tON OF LETTERS OF INTEREST
Citadel Arena Building
49 NW 5." Street; Miami, FL
.(submitted by Citadel Arena.Corp.)
SEOPW CPA Boundaries
10;000 sq. ft., I' floor
Yes
Yes
16 spaces available for CRA immediately
behind building
-Situated on NW..5ffi-Street.
Directly across from State Metromover
Station.
Restrooms within office space.
(Preference given)
Yes
(Preference given)
Ready for immediate. occupancy
Not specified
$166,000/year for 2 yot s .
36/o increase:
$16.60/sq. ft.
Owner :.Daftiel Arias (305).285-0197
Folio: 01-0106-040=1140
Warranty Deed �c. Floor Plan a#closed .
The Grand
1717 N. Bayshore Drive
Miami, FL
(submitted by The Grand Condos On
the Bay)
OMNI CRA Boundaries
5,000 sq. ft., Suite 201- 204
Build out required
Build out required
20 spaces available at OMNI Center or
The Grand
Situated on North :Bayshore Drive near
Biscayne Boulevard
Blocks from Omni Metromover Station
Restrooms outside office space.
Not specifled,(letter states "we meet all of
the requirements outlined in CRA ad"
Can deliver premises by Sept. 1, 2003
provided CRA submit permitted
construction drawings by 61B103
Improvements will be amortized over 2-5
year term, payable by tenant monthly.
$153,652/year + maintenance
Same terms and conditions — 5%
maintenance increase
$30.73/8q. f
Owner's Representative:.Gino Falsetto
(305) 530=0609
Meeting rooms: available: at no rent; and
minimal cleaning/set up fee.`
��,LEASE '
THIS INDENTURE OF LEASE made on the July 201, 2001 by and between
BAYVIEW ASSOCIATES, INC. a Florida Corporation d/b/ u ont PlazaCenter
(herein called "Landlord" ), and Community Redevelopment Agency, ,
address is 300 Biscayne Blvd. Way, Suite 430 and 309, Miami, Florida 33131. (Herein
called "Tenant").WITNESSETH:
1. - Leased Premises. In coii§ideration 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 `TXHIBIT 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. EM,16 f6VT 100.3
3. Landlord's Work. "Landlord agrees to complete the leased premises in
Accordance with the specifications attached hereto as "EXI-JIBIT 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:
SEOPW/CRA OMIT[/CRA
03-- 60 03-, 42
•
•
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 ofthe 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 ofthe 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 sl A 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 for4be collection of the such sums, or otherwise.
Tenant, for each calendar or partial year, during the term of this Master Lease or any renewal thereot 17
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 firture'assessments, levies,
taxes, and the like, for each calendar year of the term of this lease or any renewal thereof sh
determined by dividing the total number of square feet in the lease premises (7,76 y 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•/o 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. A 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
SEOPW/CRA OlVM/M
03- 60 03-,
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 prenuses 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 advancewritten 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 mcludmg 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 shallrepair 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 o
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
4,EOPWXRA'
03 - 60
OMM/CRA
03- 42
i
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 Lause.
17. Responsibilities of Landlord. Landlord -will furnish the following services to
the Tenant: (A) elevator service, (13) 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; ) a conditioning.
d rd �shWlmaintain and o erat the air conditioning equipment installed, including the
replacemereo when necessary, in such manner as to qfiamtain comfortable conditions f
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 fiunish 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 fiunish, 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 offenant, 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 ariy 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 -A 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, encumbcring
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
SEOPW/CRA O NI/CRA
03- 60 03- 42
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
hereon 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
ifit 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 attom . ent, 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
0 Lease accruing from and after the date of such transfer.
19. Prohibited Article and Activities. ' ' Tenant agrees that it will not use, sell of 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 (includingattorney's
fees), damages, expenses, andiiability in connection with loss oflife, personal injury and/or damage to w
property arising form or growing out of any occurrence in, upon or at the leased premises or any part a
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 attorneys fees incurred or paid byLandlord 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 apart, 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 hereot all without the necessity of Tenant joining in
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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 Leaser 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 shaU
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 insur ance 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 of this
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•
•
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 6f—Qveays rifthe
Tenant shall abandon the premise and remove or attempt to remove there from the:r 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, theLandlord shall have
a lien on the goods, furniture and effects belonging to Tenantfor 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, kept 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 attorneys 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
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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 T s -S1' ` ti
sum represents the I"`, last month and security deposit. It is agreed that in the event Tenant de aults
0
in respect of any of the terms, provision ancon loons of this Lease, including, but not limited to the 0'
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.
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03- 60
OMNI/CRA
03-- I
0 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 T s
4=eect
resentsthe1s'agreed that in the event Tenant de aul#s �[a of any ofthe terms, provision an con �trons ofthis Lease, including, but not limited to the �1
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.
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03-- 60 03- 42
•
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
r 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 ofthe
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.
37. Quiet Enjoyment. Landlord agrees that if Tenant pays the base and additional
rents and other charges herein provided and shall perform all ofthe covenants and agreements herein
stipulated to be performed on Tenant's part, Tenant -shall, at 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 attorneys 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.
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®mmxRA
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E
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 ra0ioactive 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 radon 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 , S
DAY OF 2001
is, km
ACCEPTED AND EXECUTED BY LANDLORD THE',
DAY OF ,2001.
BAYVIEW ASSOCIATES, INC
DBA
DUPONT PLAZA CENTER
)JO
M
OIm/CRA
03-- 42
SEOPW/CRA
03— 60
•
ADDENDUM
On a s available basis Community Redevelopment Agency will be afforded the use of 4
P� � ty P g cY .
guest rooms per month or 48 rooms annually, complimentary in the Ramada Dupont Hotel. This
offer is valid upon signing of the Iease and is non-transferrable.
OMNI/CRA sfOPW/CRA
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