HomeMy WebLinkAboutR-02-0845J-02-688
7/15/02
RESOLUTION NO. 02- 845
A RESOLUTION OF THE MIAMI CITY COMMISSION,
WITH ATTACHMENT(S), AUTHORIZING THE CITY
MANAGER TO EXECUTE A LEASE AGREEMENT, IN
SUBSTANTIALLY THE ATTACHED FORM, WITH WARNER
PLACE, INC., ("LESSOR"), FOR THE USE OF
APPROXIMATELY 1,358 SQUARE FEET OF THE
PROPERTY LOCATED AT 111 SOUTHWEST 5TH AVENUE,
MIAMI, FLORIDA, TO PROVIDE OFFICE SPACE FOR
THE EAST LITTLE HAVANA NET OFFICE AT A
MONTHLY FEE OF $1,358 PLUS $162.96 PER MONTH
FOR ELECTRICITY AND A SECURITY DEPOSIT IN THE
AMOUNT OF $1,000; ALLOCATING FUNDS FROM
ACCOUNT CODE NO. 145001.251113.6.620, WITH
ALL TERMS AND CONDITIONS AS MORE PARTICULARLY
SET FORTH IN THE AGREEMENT.
BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 2. The City Manager is authorized'I to execute a
Lease Agreement, in substantially the attached form, with Warner
Place, Inc. ("Lessor"), for the use of approximately 1,358 square
1� The herein authorization is further subject to compliance with all
requirements that may be imposed by the City Attorney, including but not
limited to those prescribed by applicable City Charter and Code
provisions.
CITY COMMISSION
V=T= 6F
J U 1, 2 5 2002
Resolution Ne.
02- 845
feet of the property located at 111 Southwest 5th Avenue, Miami,
Florida, to provide office space for the East Little Havana NET
Office at a monthly fee of $1,358 plus $162.96 per month for
electricity and a security deposit in the amount of $1,000, with
funds allocated from Account Code No. 145001.251113.6.620
Section 2. This Resolution shall become effective
immediately upon its adoption and signature of the Mayor.'
PASSED AND ADOPTED this 25th
ATTEST:
day of July , 2002.
<��'— I L'A2 14
PRI ILLA A. THOM SON
CITV CLERK
APPROV AS F4000KAND CORRECTNESS
NDTD V I L.
ATTORNEY
W6445:tr:LB
If the Mayor does not sign this Resolution, it shall become effective at
the end of ten calendar days from the date it was passed and adopted. If
the Mayor vetoes this Resolution, it shall become effective immediately
upon override of the veto by the City Commission.
Page 2 of 2
02- 845
LEASE AGREEMENT
FROM
WARNER PLACE, INC.
TO
CITY OF MIAMI
FOR THE USE OF SPACE LOCATED AT
111 S.W. 5' AVENUE
MIAMI, FLORIDA
02- 845
10 1 WI
1 ) THE PREMISES
2) DURATION OF TERM
3) AMOUNT OF RENT, MANNER OF PAYMENT, AND SECURITY DEPOSIT
4) OPTION TO EXTEND
5) LESSEE'S SUBORDINATION TO MORTGAGE
6) USE
7) CONDITION OF PREMISES AT TERMINATION
8) HOLD OVER
9) TENANT IMPROVEMENTS
10) REPAIRS
11) UTILITIES
12) COVENANTS OF THE LESSEE
13) COVENANTS OF THE LESSOR
14) QUIET ENJOYMENT
15) LESSOR'S INSURANCE
16) LESSEE'S INSURANCE
17) INDEMNIFICATION
18) ADDITIONAL COVENANTS
19) PROVISIONS OF DEFAULT
20) NOTICES
21) LESSEE'S RIGHT TO TERMINATE FOR CONVENIENCE
22) FORCE MAJEURE
23) PARKING
24) ENVIRONMENTAL
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25) MISCELLANEOUS
26) CONFLICT OF INTEREST 10
EXHIBIT "X'- THE PREMISES
02- 845
LEASE AGREEMENT
This Lease Agreement (the "Lease Agreement" or "Lease") is made and entered into at Miami, Dade
County, Florida, the day of June, 2002, by and between Warner Place, Inc., a Florida Corporation
hereinafter called, "Lessor", and the City of Miami, a municipal corporation of the State of Florida,
hereinafter called "Lessee", the terms "Lessor" and "Lessee" being intended to include the successors and
assigns of the original parties and the heirs, legal representatives, successors and assigns of the respective
persons who from time to time are lessor and lessee, wherever the context of this Lease so requires or
admits.
1. THE PREMISES:
Upon and subject to the covenants, terms, and conditions hereinafter set forth, Lessor hereby leases to the
Lessee and the Lessee hereby leases from the Lessor space consisting of approximately 1,358 square feet, as
shown in exhibit "A" (the "Premises"), within 111 S.W. 5'h Avenue, Miami, Florida 33130, hereinafter
referred to as the "Building". The Premises is depicted for illustrative purposes in Exhibit "A" which
Exhibit is attached to this Lease and by this reference incorporated herein.
2. DURATION OF TERM:
The Lease Term and duration of this Lease shall be for a period of One (1) year, (the "Lease Term" or
Term"), commencing June 1, 2002 (the "Commencement Date") and terminating on May 31, 2003.
3. AMOUNT OF RENT, MANNER OF PAYMENT, AND SECURITY DEPOSIT:
A) The Lessee shall pay unto the Lessor for the Term of this Lease Gross Rent in the amount of
Twelve and 20/100 Dollars ($12.00) per square foot (the "Gross Rent" or "Rent"). The term
"Gross Rent" or "Rent" more specifically refers to all rent due to Lessor by Lessee inclusive of
base rent, insurance, real estate taxes, maintenance, repairs, security, utilities, administrative fees,
janitorial services, and all other expenses related to the rental of the Premises, with the exclusion
of telephone services and electrical services. At the present square footage of 1,358 square feet, the
total monthly rental payment will be $1,358.00.
B) The monthly rent shall be payable, in advance, on the first day of each month, without notice.
C) Payments are to be made payable to:
Warner Place, Inc.
111 S.W. 5'h Avenue
Miami, FL 33130
D) Rent shall commence retroactively to June 1, 2002 ("Rent Commencement Date").
E) In the event the Rent Commencement Date commences on a day other than the first day of a
calendar month, then upon the day of commencement of the Rent hereof, Lessee shall pay Lessor a
pro rata portion of a full month's rent, determined by multiplying said month's rent by that amount
obtained by dividing the number of days from the date of commencement to the first day of the
next succeeding calendar month by the number of days in the month in which the Term of this
Lease commences.
F) Lessee will deposit with Lessor the sum of One Thousand Dollars ($1,000.00) as security for
the performance of Lessee's obligations under this Lease, including without limitation the
surrender of possession of the Premises to Lessor as herein provided. If Lessor applies any part of
the deposit to cure any default of the Lessee, Lessee shall on demand deposit with Lessor the
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amount so applied so that Lessor shall have the full deposit on hand at all times during the Term of
this Lease. The security deposit shall bear interest, and shall be kept in a separate account, with all
interest reverting back to the Lessee at the end of the Term or upon earlier cancellation of this
Lease. The Lessor will return to the Lessee the full security, plus all interest accrued, within ten
(10) days of the Lessee vacating the Premises.
4. OPTION TO EXTEND:
A) Provided no default then exists, or if a default does exist, Lessee has received Notice of such
default as provided herein, has commenced the curing of said default and thereafter is diligently
prosecuting such cure to completion, Lessee is hereby granted options to renew this Lease for up to
Five (5) successive terms of One (1) year each, upon the same terms and conditions set forth in this
Lease with the exception that rent will be increased by 3%. Said options shall be deemed to have
been automatically exercised by Lessee unless Lessee gives Lessor Notice of its election not to
extend the term of this Lease no later than one (1) month prior to the expiration of the then current
term. Upon the Lessee exercising its option, the Lease Term shall be deemed to include the option
period.
5. LESSEE'S SUBORDINATION TO MORTGAGE:
It is specifically understood and agreed by and between the Lessor and the Lessee that the Lessor may, from
time to time, secure a construction and/or first mortgage on the Premises from a bank, savings and loan
association, insurance company or other recognized lending institution; and that this Lease is and shall be
subordinate to the lien of said construction and/or first mortgage; and the Lessee agrees that it will execute
such subordination or other documents or agreements as may be requested or required by such lending
institution, provided however, that the mortgage and/or subordination agreement, as the lending institution
may direct, shall contain a provision which states, in effect, that the Lessee shall not be disturbed in its
possession and occupancy of the Premises during the Term of this Lease, notwithstanding any such
mortgage or mortgages, provided that the Lessee shall comply with and perform its obligations hereunder.
6. USE:
A) The Lessee shall use and occupy the Premises as office space. However, agreed that in the
event the Lessee shall, in its discretion deem it desirable, the Premises may be used for any other
legitimate and lawful purpose.
B) Lessee will not occupy or use said Premises, nor permit the same to be occupied or used for any
business, which is unlawful. Lessee will comply with all lawful requirements of local, state and
federal authorities respecting the manner in which it uses the Premises.
Q Lessee shall not make any change to the exterior and/or interior portion of the Building without
the express written consent of the Lessor, which consent shall not be unreasonably withheld nor
delayed beyond five (5) business days from receipt of Lessee's request.
7. CONDITION OF PREMISES AT TERMINATION:
Upon the expiration or earlier termination of the Lease, Lessee will quit and surrender the Premises in a
good and substantial state of repair, reasonable wear and tear, or damage by fire or other casualty, excepted.
However, Lessee shall not be obligated to repair any damage, which Lessor is required to repair.
8. HOLDOVER
In the absence of any written agreement to the contrary, if Lessee should remain in occupancy of the
Premises after the expiration of the Lease Term, it shall so remain as a tenant from month-to-month and the
Gross Rent shall be the same Gross Rent as the last in effect. All provisions of this lease applicable to such
tenancy shall remain in full force and effect.
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9. TENANT IMPROVEMENTS:
There are no tenant improvements to be done. Lessee is currently occupying the space and will continue to
occupy said space in its current condition.
10. REPAIRS:
A) The Lessor will keep the Premises, Building, Common Areas and the improvements placed
therein in a good state of repair, and it will be responsible for all repairs including, but not limited
to, the painting, maintenance and repairs to the interior of the Premises including all windows,
doors and openings, all electrical, light bulbs and ballasts, plumbing, fixtures and other systems
installed within the Premises. However, any repairs necessitated by the negligence or willful
misconduct of Lessee and Lessee's agent or repairs necessitated for above normal wear and tear
will be repaired by Lessor and the Lessor shall have the right to recoup the cost of such repairs by
showing Lessee evidence of the Lessee's negligence or willful misconduct or above normal wear
and tear. It is further intended that the Lessor will maintain the Building including, but not limited
to, the exterior masonry of the Building, existing rough plumbing, electrical service, elevators, the
roof, and Common Areas. Lessor shall provide basic janitorial services and shall maintain the
Premises and parking area so as to conform to all applicable health and safety laws, ordinances and
codes which are presently in effect and which may subsequently be enacted during the tern of this
Lease or any extension or renewal thereof. Emergency repairs including but not limited to air
conditioning, plumbing and electrical shall be repaired within twenty-four (24) hours.
B) In order to minimize any disruption to Lessee's use of the Premises, Lessor shall notify Lessee
no less than 24 hours prior to the commencement of any repair. Upon receiving Lessee's consent,
Lessor may construct, repair or complete any work Lessor deems necessary to maintain the
integrity of the Building. Should any portion of the Premises be unusable to Lessee as a result of
Lessor's repairs, during the period that the Lessee's use of the Premises are so interrupted the rent
shall be reduced in direct proportion to that portion of the Premises which is, in fact, under repair.
C) Lessee agrees to maintain the interior of the Premises in an attractive, clean and sanitary
condition during the term of this Lease or any extension or renewal thereof.
11. UTILITIES:
Lessor represents and warrants that water, sanitary sewers, storm sewers, electric current, gas and telephone
facilities sufficient to accommodate Lessee's purpose are, or will be, available at the Premises on or before
the Commencement Date. Lessor shall pay for all water, gas, and other utilities serving the Premises with
the exclusion of telephone and electricity. Lessor will bill Lessee the amount of $162.96 for electricity
usage.
12. COVENANTS OF THE LESSEE:
A) The Lessee shall pay for all occupational licenses, and other licenses necessary in the operation
of the Premises.
B) The Lessee hereby acknowledges that the Premises are in good order and repair.
C) Warner Place is a historic landmark building listed on the National Register of Historic Places
and has been designated as historic by the City of Miami Commission. The Lessee shall take no
action regarding changes to the Premises of any kind. Allowable changes are to movable office
furniture and fixtures.
02- 841
D) All personal property placed or moved in the Premises, shall be at the risk of Lessee or the
owner thereof. The Lessor shall not be liable to Lessee for any damage to said personal property
unless caused by or due to negligence of Lessor, its officials, agents or employees.
13. COVENANTS OF THE LESSOR:
The Lessor hereby covenants and agrees with the Lessee as follows:
A) That Lessor is, at the time of the execution of these presents, the sole owner in fee simple of
the Building herein above described and that it has good and marketable title, and the full right to —
lease the same for the term aforesaid.
B) That Lessor acknowledges that Lessee is in actual possession of the Premises.
C) That Lessor will keep the Building free and clear of any and all liens on account of any
construction, repair, alterations or improvements which Lessor may be obligated to make or
perform under this Lease. Lessor shall keep any and all mortgage payments current and in good
standing.
D) Lessor shall pay, prior to delinquency, real estate taxes and assessments which may be levied
or assessed upon the Building.
E) The Lessor further covenants that Lessor will keep the Premises, the exterior, and the Building,
in a clean manner and in good repair.
F) The Lessor shall provide, at no cost to the Lessee, a dumpster for regular office debris.
14. QUIET ENJOYMENT
Lessee or its sublessee, on payment of the rent herein provided and performance of its obligations,
hereunder, shall and may peacefully and quietly have, hold, and enjoy the Premises for the Lease Term with
all rights and privileges and for the use herein provided. Without limiting any of its rights, Lessee may
terminate and cancel this Lease upon ten (10) days Notice to Lessor in the event that enjoyment or use of
the Premises is prohibited contrary to the previous provisions.
15. LESSOR'S INSURANCE
The Lessor shall at all times during the Lease Term, and any extensions thereof, and at its own expense,
carry liability, fire and extended coverage insurance on the completed real estate improvements of the
Building to the full insurable value.
16. LESSEE'S INSURANCE:
Lessor acknowledges that Lessee is self-insured for general liability, and that a certificate of insurance
cannot be issued nor can the Lessor be named as additional insured. Lessee agrees to defend all claims
brought against the Lessee due to the Lessee's use of the Premises; provided, however, that such defense
shall be subject to the immunities and limitations included within Florida Statutes, Section 768.28.
17. INDEMNIFICATION:
Lessor, shall, at its sole cost and expense indemnify, hold harmless, and defend (by counsel reasonably
acceptable to Lessee) Lessee, its officers, agents, and employees, from and against any and all claims, for
injury and damage to persons and property, (both real and personal) suffered or incurred by Lessee, its
agents, officers, employees and invitees as a result of:
(i) the negligence of Lessor or Lessor's agents or employees, or:
02- 845
(ii) the breach of any of the representations and warranties set forth herein; or
(iii) the failure of Lessor to perform any obligation under this Lease; or
(iv) the presence in or about the Premises of any Hazardous Materials or any occurrence, matter,
condition, act or omission involving Environmental Laws or Hazardous Materials which exist,
regardless of whether or not Lessor had knowledge of same.
Indemnified expenses shall include, but shall not be limited to, all attorney's fees, consultants' fees, and
response and/or remedial costs in connection with environmental matters.
If Lessee's use and occupancy is materially interfered with as a result of any of the above for which Lessor
is responsible under this section, Lessee, in addition to any other available remedy, shall be entitled to an
abatement of Gross Rent.
18. ADDITIONAL COVENANTS:
The following stipulations and agreements are expressly understood by both the Lessor and the Lessee and
they do hereby agree to abide by them:
A) That in the event the Lessor shall fail to make the payments on any mortgages, or taxes or other
payments on the Building which Lessor is required to pay, the Lessee may, but shall not be
required to, make such mortgage or tax payments or such other payments or do such acts and
things as may be necessary to keep the mortgage or taxes on the Building from being in default,
and may deduct the cost thereof from the next ensuing rentals due under this Lease.
B) In the event improvements in the Building shall be partially damaged by fire or other casualty
but not rendered unrentable, the same shall be repaired with due diligence by the Lessor, and at
Lessor's expense. If the Premises shall be damaged by fire, the elements or unavoidable casualty,
leaving more than 50% of leased floor space unusable for Lessee's purposes, and rendering the
Premises unfit for occupancy, the Lessee shall have the option of terminating this lease within
thirty (30) days from the date of the casualty by providing Notice to the Lessor. If the Lessee does
not terminate this Lease, the Lessor shall rebuild the Premises, and shall proceed with such
construction and complete same with all reasonable diligence. If the Premises are rendered
untenantable, or Lessee is unable to use a portion of the Premises due to repairs, then and in that
event the Rent during the period that the Premises are in said condition shall be reduced in direct
proportion to that portion of the Premises, which is, in fact, untenantable or under repair.
C) The Lessee has the right upon Notice to the Lessor to install telecommunication services and
equipment including telephones and Lessor's consent to such installation shall not be unreasonably
withheld. The Lessee shall not remove any fixtures, equipment, or additions which are normally
considered to be affixed to the realty such as, but not limited to, electrical conduit and wiring,
panel or circuit boxes, terminal boxes, partition walls paneling, central air conditioning and ducts,
plumbing fixtures, etc.
D) Each party represents and warrants that it dealt with no broker in connection with this
transaction.
E) No waiver of any provision hereof shall be deemed to have been made unless such waiver is in
writing and signed by Lessor or Lessee. The failure of either party to insist upon the strict
performance of any of the provisions or conditions of this Lease shall not be construed as waiving
or relinquishing in the future any such covenants or conditions but the same shall continue and
remain in full force and effect.
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19. PROVISIONS OF DEFAULT:
A) By Lessee: If the Lessee defaults in any rent payment required by this Lease and such default
continues for thirty (30) days after receipt of Notice thereof by the Lessor, or if the Lessee defaults
in any of its other covenants, and within a period of forty-five (45) days after receipt of Notice
specifying such default by the Lessor, has not cured the default or defaults, or if they cannot
reasonably be cured within this period, has not yet begun to cure such default, the Lessor may at its
option, but subject to other provisions of this Lease, terminate this Lease. In the event of such
termination, the Lessee is responsible for the payment of rental installments accrued and unpaid to
the date of termination. Thereafter, Lessee shall have no further obligations to make rental
payments hereunder.
B) By Lessor: Should the Lessor default in the payment of any obligation under any mortgage,
deed of trust, judgment, assessment, tax or other encumbrance affecting the Premises, or fail to
perform any obligation specified under this Lease, Lessee shall have the right but shall not be
obligated to pay or discharge any such obligation. Should Lessee elect to pay or discharge any
such obligation, Lessor shall, within ten (10) calendar days from the date of Lessee's written
demand, reimburse Lessee in the full amount thereof together with Lessee's expense incurred in
connection therewith, including but not limited to reasonable attorney's fees and interest from the
date of Lessee's disbursement. In the event Lessor fails to reimburse the monies and costs
expended by and accrued for Lessee, Lessee shall have the right to deduct from rent(s) thereafter
due and payable under this Lease all amounts that have been so paid by, or accruing for Lessee.
Notwithstanding anything set forth within this Lease, in the event of Lessor's default, Lessee shall be
entitled to pursue any and all remedies available to it at law or equity, including but not limited to the right
of Specific Performance.
20. NOTICES: All notices by the Lessor to the Lessee, and by the Lessee to the Lessor, shall be
given by certified mail, return receipt requested, hand delivery, or courier ("Notice") addressed to
the Lessee or Lessor at:
Copy to
City of Miami
c/o City Manager
444 S.W. 2 Avenue, 10's Floor
Miami, FL 33130
and a copy to
City of Miami
c/o City Attorney
444 S.W. 2 Avenue, 9d' Floor
Miami, FL 33130
and a copy to
City of Miami
c/o Asset Management
444 S.W. 2°d Avenue, Suite 325
Miami, FL 33130
6 02- 845
Lessor:
Warner Place, Inc.
111 S.W. 5* Avenue
Miami, FL 33130
or to such other address as the Lessee or Lessor may from time to time give the other party. If Notice is
given by hand delivery or courier, Notice shall be deemed served on the date of such delivery. If the Notice
is sent via certified mail, Notice shall be deemed served five (5) business days after the date the Notice is
deposited with the U.S. Post Office.
21. LESSEE'S RIGHT TO TERMINATE FOR CONVENIENCE:
Separate and apart from all other rights granted, in the event that the Lessee determines that there is no
longer a need for the purpose for which this Lease is entered into, the Lessee shall have the right to
terminate this Lease, at any time, by giving the Lessor at least thirty (30) days Notice. Upon any such
termination, this Lease shall terminate as though the termination were the date originally fixed as the end of
the Term and Lessee shall be released of all obligations under this Lease.
22. FORCE MAJEURE:
In the event that Lessor or Lessee shall be delayed, hindered in, or prevented from the performance of any
act required hereunder by reason of strikes, lockouts, inability to procure materials, failure of power,
restrictive governmental laws or regulations, riots, insurrection, default of the other party, or other reason
beyond their control, the prevented party shall provide Notice to the other party, and the performance of
such act shall be excused for the period of the delay and the period for the performance of any such act shall
be extended for a period equivalent to the period of such delay.
23. PARKING:
Thru-out the Lease and any extension thereof, Lessor shall provide Lessee with six (6) parking spaces for
the sole use of Lessee, Lessee's employees, and those associated with Lessee.
24. ENVIRONMENTAL:
A) Lessor represents and warrants to Lessee that:
1) no Hazardous Materials (as defined below) have been located on the Premises or have
been released into the environment, or discharged, placed or disposed of at, on or under
the Premises;
2) no underground storage tanks have been or are located on the Premises;
3) the Premises has never been used as a dump for any Hazardous Materials (as defined
below); and
4) the Premises and its prior uses comply with and at all times have complied with,
Environmental Laws (as defined below).
a) The term "Hazardous Materials" shall mean any substance, material, waste
gas, or particulate matter which at the time of the execution of the Lease of any
time thereafter is regulated by any local governmental authority, the State in
which the Premises is located, or the United States Government, including but
not limited to, any material or substance which is:
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(i) defined as a "hazardous material", "hazardous substance",
"extremely hazardous waste", or "restricted hazardous waste" under any
provision of State Law;
(ii) petroleum;
(iii) asbestos
(iv) polychlorinated biphenyl;
(v) radioactive material;
(vi) designated as a "hazardous substance" pursuant to Section 311 of
the Clean Water Act, 33 U.S.C. Sec. 1251 et seg. (33 U.S.C. Sec.
1371);
(vii) defined as a "hazardous waste" pursuant to Section 1004 of the
Resource Conservation and Recovery Act, 42 U.S.C. Sec. 6901 et seg.
(42 U.S.C. Sec. 6903); or
(viii) defined as a "hazardous substance" pursuant to Section 101 of
the Comprehensive Environmental Response, Compensation and
Liability Act 42 U.S.C. Sec. 9601 et seg. (42 U.S.C. Sec. 9601).
b) The term "Environmental Laws" shall mean all statutes specifically described
in the foregoing sentence and all federal, state, and local governmental health
and safety statutes, ordinances, codes, rules, regulations, orders and decrees
regulating to or imposing liability or standard concerning or in connection with
Hazardous Materials.
25. MISCELLANEOUS:
A) This Lease may be amended, modified and changed only by written instrument signed by the
City Manager and the Lessor.
B) This Lease shall be construed according to the laws of the state in which the Premises are
located.
C) Should any portion of this Lease be declared invalid and unenforceable, then such portion shall
be deemed to be severable from this Lease and shall not affect the remainder thereof.
D) It is expressly understood that this Lease contains all terms, covenants, conditions and
agreements between the parties hereto relating to the subject matter of this Lease, and that no prior
agreements or understandings, either oral or written, pertaining to the same shall be valid or of any
force and effect, and that the terms, covenants, conditions and provisions of this Lease cannot be
altered, changed, modified or added to except in writing by all parties hereto.
E) Should any party or parties hereto institute any action or proceeding in Court to enforce any
provision or provisions hereof, or for damages by reason of any default under this Lease, or for a
declaration of such party's or parties' rights or obligations hereunder, or for any other judicial
remedies, the Court may adjudge to give reasonable attorney's fees for the services rendered the
party or parties prevailing in any such action or proceeding.
F) The parties hereby knowingly, irrevocable, voluntarily and intentionally waive any right either
may have to a trial by jury in respect of any action, proceeding or counterclaim based on this
Agreement, or arising out of, under or in connection with this Agreement or any amendment or
modification of this Agreement, or any other agreement executed by and between the parties in
connection with this Agreement, or any course of conduct, course of dealing, statements (whether
verbal or written) or actions of any party hereto. This waiver of jury trial provision is a material
inducement for the City and the Lessor entering into the subject transaction.
G) Lessor or Lessee's failure to take advantage of any default hereunder, or breach of any term,
covenant, condition or agreement of this Lease on the part of Lessee or Lessor to be performed
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shall not be (or be construed to be) a waiver thereof, nor shall any custom or practice which may
grow between the parties in the course of administering this Lease be construed to waive or to
lessen the right of Lessor or Lessee to insist upon the performance by Lessee or Lessor of any
term, covenant, condition or agreement hereof, or to exercise any rights given by either of them on
account of any such default or breach. Waiver of a particular default under or breach of any term,
covenant, condition or agreement of this Lease, or any leniency shown by Lessor or Lessee in
respect thereto, shall not be construed as or constitute a waiver of any other or subsequent defaults
under this Lease, or a waiver of the right of either party to proceed against the other for the same or
any other subsequent default under, or breach of any other term, covenant, condition or agreement
of this Lease.
H) Lessor represents that the Premises are not currently in violation of any building code,
environmental regulation or other governmental ordinance or regulation. Lessor further warrants
and represents that it has received no notice of any such violation.
I) Lessor agrees that the Premises now conforms with the requirements of Section 553.48 F.S.,
providing requirements for the physically handicapped.
J) Lessor hereby represents and warrants to Lessee that there are no tenants in the Building or
other parties, who have leases or agreements which prohibit, restrict or interfere with the use by
Lessee, its employees or invitees, of the Premises or Common Areas, nor will Lessor enter into any
such lease or agreement.
K) Lessor hereby represents and warrants to Lessee that the drinking water at the Premises is free
of all contaminants and harmful chemicals.
L) Lessor hereby represents and warrants to Lessee that there are no rats, rodents, termites,
insects, or pests of any kind within the Premises. Should Lessee evidence anything to the contrary,
Lessor shall immediately rectify the situation by employing a pest extermination contractor, at
Lessor's sole cost and expense, at such reasonable intervals as to keep the Premises free from such
pests.
M) This Lease Agreement is the result of negotiations between the parties and has been
typed/printed by one party for the convenience of both parties, and the parties covenant that this
Lease Agreement shall not be construed in favor of or against either of the parties.
N) Because of the historic nature of Warner Place and in the interest of the health and well-being
of its tenants, smoking within the building or on any porches will be absolutely prohibited.
Smoking will only be permitted in the outdoor areas designated by the Landlord.
O) Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in
sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of
Radon that exceed federal and state guidelines have been found in buildings in Florida. Additional
information regarding Radon and Radon testing may be obtained from your county health unit.
26. CONFLICT OF INTEREST:
Lessor is aware of the conflict of interest laws of the City of Miami (Miami City Code Chapter 2, Article
V), Miami -Dade County, Florida (Miami -Dade County Code, Section 2-11.1 et. seg. and of the State of
Florida as set forth in the Florida Statutes, and agrees that it will fully comply in all respects with the terms
of said laws and any future amendments thereto. Lessor covenants that no person or entity under its
employ, presently exercising any functions or responsibilities in connection with this Agreement, has any
personal financial interests, direct or indirect, with the City. Lessor further covenants that, in the
performance of this Agreement, no person or entity having such conflicting interest shall be utilized in
02- 845
respect to services provided hereunder. Any such conflict of interest(s) on the part of Lessor, its employees
or associated persons, or entities must be disclosed in writing to the City.
In Witness Whereof, the parties hereto have hereunto set their hands and seals on the day and year first
above written.
Dated and executed by the Lessor as of
By:
James R. Jude, M.D., Warner Place, Inc.
Witness:
print name
Witness:
print name
2002.
Dated and executed by the City of Miami by its City Manager as of , 2002.
ATTEST: CITY OF MIAMI,
a Municipal Corporation of the
State of Florida
By:
Priscilla A. Thompson
City Clerk
APPROVED AS TO INSURANCE
REQUIREMENTS:
R. Sue Weller, Acting Director
Risk Management Administrator
By:
Carlos A. Gimenez
City Manager
APPROVED AS TO FORM AND
CORRECTNESS:
By
Alejandro Vilarello
City Attorney
10 02- 845
CITY OF MIAMI, FLORIDA CA=7
INTER -OFFICE MEMORANDUM
Honorable Mayor and Members
TO: of the City Commission DATE: J U L 15 2002 FILE:
SUBJECT: Resolution Authorizing
the Manager to execute
menez a Lease Agreement with
FROM : ity M ger REFERENCES: Warner Place, Inc. for
Office Space
ENCLOSURES:
RECOMMENDATION
The administration recommends that the Miami City Commission adopt the attached
Resolution, authorizing the City Manager to execute a Lease Agreement between the City
of Miami ("City") and Warner Place, Inc., in substantially the attached form, for the
purpose of leasing approximately 1,358 sf of office space for the East Little Havana Net
Office at 111 S.W. 5 Avenue, Miami, FL 33130. The monthly rent is $1,358.00 for a
period of one (1) year and $162.96 in electricity charges. The security deposit is
$1,000.00. Funds are available in account code no. 145001.251113.6.620.
BACKGROUND
The East Little Havana Net Office has been at this location for the past several years. The
most recent lease which commenced June 1, 1998, expired on May 31, 2002. In order for
NET to continue occupying this space, it is necessary to enter into a new lease agreement.
Financial Impact
There is financial impact. The total cost for the initial lease term will be $18,252.00.
Additionally, the security deposit needed is $1,000.00.
Highlights of the Terms of Agreement are as follows:
Lessor: Warner Place, Inc.
Lessee: City of Miami
Location: 111 S.W. 5t' Avenue
Miami, FL 33130
Term: One- (1) year
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CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO: Dennis Wheeler
Director of NET
FROM
Laura Billbe erector
Office of Asset Management
DATE : July 10, 2002
SUBJECT: Lease Agreement for
office space for the
East Little Havana
REFERENCES NET Office
ENCLOSURES:
FILE:
The East Little Havana NET office has been occupying space -at the Warner Place for
several years. The most recent lease expired May 31, 2002.
We have recently negotiated a new lease agreement with Warner Place, Inc. for NET's
continued use of 1,358 square feet of office space for a one year period with the option to
renew for five additional one year periods. The new lease will be effective June 1, 2002
with a monthly rent of $1,358.00 and a monthly electrical charge not to exceed $162.96.
There will additionally be a security deposit required in the amount of $1,000.
Please indicate below if you wish to proceed. If you wish to proceed, please provide the
appropriate account codes and obtain Management and Budget's approval of this
expenditure.
If you have any questions, feel free to contact Patty Gutierrez -Frieze at 305-416-1453.
Approve:
pprove:
63 C_\_�
Dermis Wheeler
Director — NET
Budget Approval: 4l/Si
LB:pk:pgf
Account Codes: ��5ooi• aS��13.6. �c7
Budget Amount: :Z 7, 0 80 p 0
Director of Management and Budget
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