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R-01-1096
l0/1./U3. RESOLUTION NO. A RESOLUTION OF THE MTAMI CITY COMMISSION AUTHOR'[7.1"NG THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE EXISTING LEASE AGRE'EMENT, IN A FORM ACCEPTABLE. TO THE CITY ATTORNEY,. BETWEEN THE CITY OF MIAMT AND GOLDEN SANDS ALLAPATTAH CORPORATTON INC. TO LEASE AN ADDITIONAL 2,089 SQUARE FEET OF 0-7-TICE SPACE FOR THE DEPARTMENT OF COMMUNITY DEVELOPMENT'S ALLAPA`I'TAH ONE STOP CENTER, LOCATED AT 1313 NORTHWEST 36 T11 STREET, MIAMI, FLORIDA, WHILE MAINTAINING ALL, OTHER TERMS IN THE EXISTING LEASE; Wl='7'H FUNDS ALLOCATED FROM ACCOUNT CODE NO. 184105.456289.6.620. WHEREAS, the City of Miami. entered into a Lease Agreement, dated January 5, 1998, with Golden Sar -As Allapattah Corporation, Inc.:. ("Go.l.de:n Sands") I:or 13,146 square :deet, L.o house t:he C.epartment of Community Development's Al.l.apattah One Stop (-'enter, located at 1313 Northwest 36`x' Street, Miami, F'lor.ida; and WHEREAS, said Lease Agreement was amended SepLember 1, 3 999 I')y .i.ncreasi rig the square footage by 3,029 square feet; and WHEREAS, Golden Sands has agreed to expand the square, ool.age leased to the City by 2,089 square feet while CITY COMMISSION Mr, :TINIG 01F lt��aolultunt x,14, mai.r.-taining all other terms of the present Lease Agreement and to complete the build out within the current cost per square foot; NOW, THEREFORE, BE ?T RESOLVED BY THE' COMMISSION OF THE CITY OF MIA. -II, FLORIDA: SecLion 1. The recit.al.s and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. The City Manager is author i zedll to execute an amendment to the existing Lease Agreement, in a form acceptable to the. City Attorney, between the City of. Miami and Golder. Sends All.apattatt Corporation Inc. to lease an additional. 2.,089 square feet of office space for the Department of Community Development` s Al..lapattah One Stop Center, Ioc.aL-ed at 1313 Northwest 36" St.r_ee,., Miami., Florida, while maintaining all. other terms in the existing Lease, wi.t:h funds allocated from Account Code No. 164105.456289.6,620. -� - TFte here i n auLhori a i c>n i s Lurthe.r. r;ub ect: to compliance with ai.L regt:iiemerits that: may ne wmpo:ced by the City ALLorney, incl.udi.ng 'but: not limited to t:i:use prasc.rii.ed by app_icabie City Clharter alld Cod(-; provisions. Paye: 2 of 3 A$ 0 Section 3. This Resolution shall become effective immediately upon its adoption and signaturc of the Mayor.2/ PASSED AND ADOPTED this 1-1th day of October 2001. JOL CAROLLO, MAYOR In ar.rordsm,,e, tv,*,P, !7-inGe the Mayor did not indiento approv,11 of tills AL 'ovid.,A, cak.i In ih., �"x I IGO 0) - 3 Ir - (ho cj'atc,, of Uc;,-j-;j 1*k401-Ig m-nie, withoul iho idiliyur UX N51 a a ATTEST: Walter J. -a '10 WA.U1'RR J. FOEMANT, CITY CLERK APPROVE T ND CORRECTNESS:v '000 J r F [!-,T,I.O, ATRO ' W5636:db:LB the VlilyOr dOr,'S not 8iW1 t -his, kesolut:ion, il-- shall beco"Ito ofb)(.-Live at the end of ten calcridar days from rhe ria, -e in was passed and adopted. Jj: Lhe Mayor vetoes this Resolution, i,,-. ahall boconw. eLJ.*c(-,LJ.v(--, .immediately upon override of vot.o i. -)y the CiAy Commission. Page 3 of 3 S. %'J • CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO: The .Honorable Mayor and Members of the City Commission FROM : o Car os A. Gimenez City Manager RECOMMENDATION: 16 CA -10 DATE : Ori - 1 Jl FILE : SUBJECT: Resolution Approving an Amendment to the Golden Sands lease Agreement REFERENCES: City Commission Meeting ENCLOSURES:of October 11, 2001 - It is respectfully recormnended that the City Commission adopt the attached resolution approving an amendment to the existing Lease Agreement between the City of Miami and Golden Sands Allapattah Corporation to expand the square footage by 2,089 square feet while maintaining; all other terms in the existing Lease Agreement; and further authorizing the City Manager to amend said lease agreement, in a form acceptable to the City Attorney. BACKGROUND, At its July 10, 2001 meeting, the City Commission adopted Ordinance 12083 appropriating funds the Department of Labor through the South Florida :Employment and Training Consortium to operate its One Stop Centers in Allapattah. The approved Ordinance identifies funds to be used to operate the One Stop Center, but did not specifically identify the additional space needed to operate the Allapattah One Stop Center or authorize the City Manager to amend the existing lease agreement between the City of Miami and Golden Sands Allapattah Corporation to expand the square footage by 2,089 square feet while maintaining all other terms at the property located at 1313 NW 36 Street. Under the existing; terms of the lease, this includes the build out of the space identified to meet the need for 2,081 square feet of office space at a gross, annual cost of $13 per square foot (an increase of $27,027 annually at $1,322.25 monthly). It is recommended that the City Commission adopt the proposed resolution that authorizes the City Manager to amend the existing; lease between the City of Miami and Golden Sands Allapattah Corporation by expanding; the square footage by 2,089 square feet, but maintaining; the same terms that exist in the present Lease Agreement. 0�- DB/GCW/DF u i -- 1. 0 5 61 ORDINANCE NO. 12083 AN EMERGENCY ORDINANCE OF THE MIAMI CITY COMMISSION ESTABLISHING A SPECIAL REVENUE FUND ENTITLED: "WORK- FORCE/WELFARE 'TRANSITION/WELFARE TO WORK PROGRAM (PY 2001-2002)''; APPROPRIATING FUNDS FOR ITS OPERATION IN THE ESTIMATED AMOUNT OF $1,434,281 FROM THE U.S. DEPARTMENT OF LABOR THROUGH THE SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM; AUTHORIZING THE CITY MANAGER TO ACCEPT SAID GRANT, AND TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORv'EY, FOR SAID PURPOSE; CONTAD-UNG A REPEALER PROVISION AND A SEVERABILITY CLAUSE. WHEREAS, the South Florida Employment and Training Consortium ("SFETC") has awarded the City $1,434,281 under the Workforce/Welfare Transition Program to implement a One -Stop Career Center operating in the Allapattah and Coconut Grove area; and NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Ordinance are hereby adopted by reference thereto and incorporated herein as if fully set forth in the Section. Section 2. The following Special Revenue Fund is hereby established and resources are hereby appropriated as described herein: FUND TITLE: 0 • WORKFORCE/WELFARE TRANSITION/WELFARE TO WORK PROGRAM (PY 2001 — 2002) RESOURCES: Florida Department of Labor and Employment Security South Florida Employment and Training Consortium $1,434,281 APPROPRIATION: Workforce/Welfare Transition/Welfare To Work Program (PY 2001 — 2002) $1,434,281 Section 3. This appropriation is contingent upon funding by the South Florida Employment and Training Consortium ("SFETC") and the City Manager's acceptance thereof. Section 4. The City Manager is hereby authorized' to accept the grant from the U.S. Department of Labor, through the SFETC and to execute all necessary documents, in a form acceptable to the City Attorney, for the acceptance of said grant. Section 5. The herein authorization shall remain valid and outstanding even if the anticipated grant award is reduced or increased. Section 6. All Ordinances or parts of Ordinance insofar as they are inconsistent or in conflict with the provisions of this Ordinance are hereby repealed. Section 7. If any section, part of section, paragraph, clause, phrase, or word of this Ordinance is declared invalid, the remaining provision of this Ordinance shall not be affected. Section 8. This Ordinance is hereby declared to be an emergency measure on the grounds of urgent public need for the preservation of peace, health, safety, and property of the City of Miami and upon the further grounds of the necessity to make the required and necessary purchases and payments, and to generally carry out the functions and duties of municipal affairs. Section 9. The requirement of reading this Ordinance on two separate days is hereby dispensed with by a vote of not less than four-fifths of the members of the Commission. Section 10. This Ordinance shall become effective immediately upon its adoption and signature of the Mayor. 21 PASSED AND ADOPTED BY TITLE ONLY this day of 2001. JOE CAROLLO, MAYOR ATTEST: WALTER J. FOEMAN CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: AL:EJANDRO VILARELLO CITY ATTORNEY 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. If the Mayor does not sign this Ordinance, it shall become effective at the end of ten calendar days from the date if was passed and adopted. If the Mayor vetoes this Ordinance, it shall become effective immediately upon override of the veto by the City Commission. 4 Lease Agreement Between Golden Sands Allapattah Corporation (LESSOR) and City of Miami Miami Jobs Program (LESSEE) Dated December 1997 Lld'd Wd VS:V9 TO-ZT-d98 20'd 1. ACCEPTANCE OF DEMISE BY LESSEE.......................................1..1....1..11., II..see .. set .................... 1 2. DURATION OF TERM..I....,./.....................1....................„.I.....11..I...............,............................N.......1 3. AMOUNT OF RENT AND MANNER OF PAYMENT.....N.......................................H..................2 4. OPTION TO EXTEND ................................................... 1111 ... ..1..I ....... N ............... ................................ 2 `S. LESSEB'S SUBORDINATION TO MORTGAGE .... I ... I ....... .....•.1 ........................ I..........................2 6. USE.. .... H .................. ........ NINN........... ...... 1..1I..I................ N..........w....\fNN........... .......................... 3 7. CONDITION OF PREMISES AT TERMWATION.................................................................»...3 & HOLD OVER ................................. .......... ............ /............. I .......................................... ....,N,1.............. 3 9. SIGNS .... ............... 1I...1..1.......1If 1/I........1.1.N....,../..N..... ............ I ............. ........�................ w......... N ..... f1\f\.r3 10. BUILD OUT IMPROVEMENTS,-, ... -,..INN..\....1.,..................... ....I..N1.11,,................. 0 .............. 11...111 11, REPAIM...../...... I... I...... H.. 1.1...., 111.../.,111...............11....1.......I.I. N..................,,1....1.,.....1...«..1.1............4 ILUTILITIES .......... ....... .... I...I.............I.......1.....,..,........... ..........11.................1.4 13. COVENANTS OF THX LESSEE ..................... /... ................ .....w..,./......,.......... ........ .w.....1N..,,I.H...4 14. COVENANTS OF THE LF+SS4I4...•11.1•H..NNN..HHw.............1..... N..wINNN.N......NNN.........NN N H.H.H.a 13. QUIET ENJOYMENT ..........I..N......\.N......N..N................1.I........... w1....In.....................-.-A 1w6.}L�E�SSO/R��'SSIrNSU�.R/ANCE............................................,...,.«.I.........N......I,.....w..............w....,,w..».....5 17, INDE�{(�1� SCA+ION.....................I.N......NM..\...w..N.N..\W N.. N..................N»....� is. ADDITIONAL MUTUAL COVENANTS ........... N .... .................Nsit ........ /. N,.. I.NI..N .............w6 19, PROVISIONS OF DEFAULT.............. ....... ...... .............. .N....w...... .................. ........... ..........wN«.7 20. NOTICES ........................ 1 ....... .............. ....IN....a.tests .11. 1w.......N.................. ww....... .....7 21. SPECIAL PROVISION .... Nw............. N1....N1..w.NN.IN.N...n........ .»..N .... NN1.w..wM....1.w.N� 22. LESSEE'S RIGHT TO TERMINATE...............N..wH..1.....w.1.........,1.I........... I N ...... ..I.I..NI.INII...H.,g 23. 1.E$SEE'S FINANCIAL RESPONSIBILITY OF BUQ/D6OUT COST DUE TO SPECIAL r PROVISION AND/OR LESSEE'S RIGHT TO nlrth NA'1'E.....1.....I, H ......... N .It..NN...N.wwg 2l4. FOR�C�G�/M'1AV{/Ul�ii...1....,1.I..1...N..I...................... ..............N.................., ...... N.............................. »....� 2S. PARiKING...............I.11. •1111.., •,.1. 1..11...1..0.0...11,.........1.. /......................... N I...III,01,1................. ........... e 26. ENVIRONMENTAL ......I... ................ ..........N...........N.........1111/.1.../...1...................1....,...........Hw,...w, 19. APPROVAL BY THB/ OVERSIGHT BOARD ............ ..I.......1.NI...II1..1..1... .I.................. ..... ... W...-9 28. MISCELLANEOUS NNP..11..NHIN..IN....IN.N.....L...NwNIN..NNON. H................9 Exhibit "A" (Premiha) Exhibit "B" (Building) Exhibit "C" (Lessor's Build Out) 1.0 Wd GS:t•0 TO-ZT-d38 LEASE AGREEMENT e ' o Lease" is made and entered into at Miami, Dade This Lease Agreement (the Lease ee lo ) County, Florida, the qday of r, 199 by and between Golden Sands Allopottah Corp., a Florida Corporation hereinafter called, "Lessor", and the City of Miami. a municipal corporation of the State of Florida, hereinafter called "Lessee", the terns "Lessor" and "Lessee" being intended to Include the successors and usigns of the original panics and the heirs, legal representatives, successors and assigns of the respective persons who kom time to time are lessor and lessee, wherever the context of this Lease so requires or admits. Witnesseth That the Lessor, for and is consideration of the rents herein reserved to be paid by the Lessee, for and in consideration of the covenants to be kept and performed by the Lessee does hereby lease. let and demise unto the Lessee. a space consisting of the approximately 13,148 square feet, as shown In exhibit "A" (the "Premises"), on the second floor in the office building, situated In Dade County, Florida - NationsBank building. 1313 N.W. 36th Street, Miami, Florida 33142 as shown in exhibit "B" (the "Building"). 1. ACCEPTANCE OF DEMISE BY LESSEPI The Lessee, in consideration of the demise of said Premises by the Lessor, and for the farther considerations herein act out, has rented, leased and hired, and does hereby rent, tease and hire the said Premises from the Lessor, on the terms and conditions hereinafter stated. 2. DURATION OF TERM, A) The Lease Term and duration of this Lease shall be for a period of Four (4) years, and Three Hundred Sixty One (361) days (the "Lease Term" or Terns"), commencing January S, 1998 (the "Commencement Date") and terminating on December 319t, 2002. B) Rent shall commence upon the Lessor delivering the Premises to the Lessee upon completion of the Improvements detailed in exhibit C. C) The Lessor shall submit all of its plans to the Building and Zoning Department on or before S:00 a.m. December 8, 1997. Lessee shell use its best faith efforts to assure Lessor that all plans will be reviewed by December 18, 1997. The Lessor shall have four (4) weeks !from the date of the approval of said plans to complete all the construction and repair$. Furthermore, the Lessor will make the Premises available for occupancy by the Lessee on or before 8:00 a.m. January S, 1998. D) if in any event the Building and Zoning Department cannot approve Lessor's plan by December IS, 1997 through the fault of the Building and Zoning Department and not through the fault of Lessor or Lessor's plans, the Lessor shall be entitled to an extension of his obligations under section 2(C) for the same amount of time as it takes the Building and Zoning Department to approve the pians after December 18, 1997. E) In the event Lessor's pians are not approved by the building and Zoning Department. Lessor shall have his architect correct the problem and resubmit the plans within two (2) days. This will not constitute the right of an extension as provided for in section 2(D). 1L tle18 Wd 9S:b0 TO-ZT-das 3. AMOUNT OF RENT AND MANNER OF PAYMENT: A) The Lessee shall pay unto the Lessor for the primary Term of this Lease the total annual (Erose Rent of $13.00 (Ibirteen Dollars) per square foot (the "Gross Rent" or "Rent'. The term "Or*" 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, and all other expenses related to the rental of the Promises, with the exclusion of janitorial services. At the present square footage of 13.148 square feet, the total monthly rental payment will be $14,243.67. e) The monthly rent shall be payable, in advance, on the fust day of each month, without notice. C) Payments arc to be made payable to: Golden Sends Allepattab Corp. 1313 N,W. 36th street, Suite 600 Miami, Florida 33142. D) In the event the Tetra of this Lena commences on a day other than the Mt dry of a calendar month, then upon the day of commencement of the Tena hereof, Lessee shall pay Lessor a pro rata porion of a full month's'rent, determined by multiplying said month's rent by that amount obtained by dividing the number of days hom the date of commencement to the tint day of the next succeeding calendar month by the number of days in the month in which the Terns of this Lease commences. 4. OPTION TO EXTEND: A) Provided no default then exists, or if a default does exist. Lessee has received Notice of such default u 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 throe (3) successive terms of five (S) years each, upon the same terms and conditions set forth In this Lease. Said options to be exercised by Lessee giving Lessor Notice of its election to extend the term of this Lease no later than six (6) months prior to the expiration of the then currant temp. Upon the Lessee exercising its option, the Lease Term shall be deemed to include the option period. R) The Gross Rant for these option periods shall be determined by a fair market appraisal conducted on or before June 30, 2002. The Lessee will provide the Lessor a list of no less than three (3) independent appraisers which shall each be a member of the American Institute of Real Estate Appraisers. The Lessor shall select one appraiser from Lessee's list to hire. The Lessor shall pay for the appraisal upon its completion and submit a copy of the invoice to the. Lessee for reimbursement. The cost of said appraisal will be home equally between Lessor and Lessee. This one appraisal shall govern the Gross Rent due for option years six through ten, eleven through fifteen, and sixteen through twenty, and any increase or decrease in the Gross Rent for each set of the option years, S. LESSEE'S SUBORDINATION TO MORTGAGE; It is specifically understood and agreed by and between the Lessor and the Lessen 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 c.1 .. t _ i 01A Q0 Id Wd 89:t10 TO-ZT-d3S 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 for offices and/or classrooms. It is, 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 iawfbl business purpose, B) That Lessee will not occupy or use sold Premises, nor permit the stone to be occupied or used for any business which is unlawful. That it will comply with all lawful requirements of the Buard of Health, Police Department, Fire Department, Municipal, County, State and Federal authorities respecting the manner in which it uses the Premises, C) Lessee shall not use the Interior and/or exterior portion of the Promises so as to cause any noise, noxious odors, accumulation of waste and garbage, vibrations, damage or any other distttr- banee or nuisance whatsoever which may create undue annoyance or hardship to another tenant of the Lessor. andlor to the Lessor and/or a hazard or element of waste to Lessor's property. D) Lessee shall not make ahy 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 rive (S) business days from receipt of Lessee's request, and particularly the Lessee will not cause anything to be done which may impair the over-all appearance of the Building. Although the Promises is intended to include the exterior walls and ping spaces, as per exhibit B, the Lessee covenants that it shell not use the exterior portion of the premises except for parking, and ingress and egress without the express written consent of the Lessor, which consent shall not be unreasonably withheld nor delayed beyond five (S) business days. The Lessee shall not cause the access street or entrances to the Building to be unnecessarily blocked so as to cause any disruption of traffic. E) Lessor hereby grants to Lessee the non-exclusive right to use, Irl common with Lessor and other tenants of the Building, the portions of the Building intended to be for common use, including but not limited to, parking area, roads, streets, drives. runnels, passageways, landscaped areas, open and enolosed malls, Interior and exterior ramps, elevators, walks and arcades, if any (herein collectively referred to as "Common Area" or "Common Areas"), 7. CONDITION OF PREMISES AT TERMINATION: Upon the expiration or earlier termination of the Leas, Lessee will quit and surrender the Premises in a good and substantial state of repair, remonable wear and tear excepted. However, Lessee shall not be obligated to repair any damage which Lessor is required to repair under Article 17 (B). 8. HOLDOVER in the absence of any written agreement a the contrary, if Lessee should remain In occupancy of the Premises atter the expiration of the Lease Term, it shall so remain as a tenant from month-to-month and the Gran 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, 9. SIGNS: Despite the terminology contained in this Lease Agreement, signs shall not be erected and/or attached to any portion of the Building without the express written consent of the Lessor. which consent shall not be unreasonably withheld nor delayed beyond five (S) business days from receipt of Lessee's request, 90'd Wd sj Go-t�-►LN-d3S Le 1.4 • 10. BUILD OUT IMPROVEMENTS: Lessor has agreed to complete the build out Improvements as per exhibit C, and hereby warrant said improvements for all normal wear and tear for the Term of this Lease Agreement. Said improvements will be completed by January S, 1991,1:00 a.m., as per 2(8), 2(C), 2(D) and 2(E). IL 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 Promises Including all windows, doors and openings, all electrical, light bulbs and ballasts, plumbing, fixtures and other systems installed within the Prembes, However, any repairs necessitated by the negligence or w1111W misconduct of Lessee and Lessee's agent or repairs necessitated for above normal wear and tar 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 fiuthor 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. 9) in order to minimize any disruption to Lessee's use of the Premises, Lessor shell notify Lessee no less than 24 hours prior to the commencement of any repair. Upon receiving Lessee's consent, which consent shall not be unreasonably withheld, Lessor may construct, repair or complete any work he deems necessary to maintain the integrity of the Building. Should any of the Premiss be unusable to Losses as a result of Lessor's repairs, the Lessee shall receive a rent abatement for the period oftittte such repairs are undertaken. 13. t.>'1'ILITIESr Lesson represents and warrants that water, sanitary sewen, storm sewers, electric current, gas and telephone fhcilitles sufficient to accommodate Lessee's business are, or will be, available at the Premises on or before the Commencement Date. Lessor shall pay for all water, gas, electricity and other utilities serving the Premises with the exclusion of telephone. 13. COVENANTS OF THE LESSEE: A) The Lessee hereby covenants and agrees with the Lessor as follows: 1) That the Lessee takes all risk of any damage to Lessp'e property that may by reason of water or the bursting or leaking of any pipes or wast water about said Premises, or lfom any act of negligence of any co-tenent or other occupants of the Building, or of any other person, or rite, or hurricane, flooding or other sets of God, or from any cause whatsoever, including loss or damage as a result of thefts, except for losses or damages caused by the Lessor's negligence. 2) The Lessee Is tax exempt, and shall provide upon request a copy of such exemption certificate to the Lessor. 8) The Lasses shill pay for the following: 1) All occupational licenses, and other licenses necessary in the operation of the business to be carried on in the Premises. 2) All Janitorial services and supplies for the Premises. Wd TO=f.O TO-ZT-d9S 14. 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, 9) That Lessor will put the Lessee in actual possession of the Premises on the Commencement Date. C) That Lessor will keep the Building flee 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 improvements subsequent to the Commencement Date. E) Whereas the Lessor and Lessee have agroed that the Lessor shall, at Lessor's sole cost and expense, improve, build -out of modify the space in the Promises for otilcas according to exhibit C. The said improvements are Intended to be utilized during the Lease Term for the benefit of the Lessee. E) The Lessor further covenants that Lessor will keep the Premises, the exterior, the Common Areas and the Building, in good repair. 0) The Lessor shall provide, at no cost to the Lessee, a dumpster for regular office debris. is. QUIET ENJOYMENT Lessee or Its sublessee, an payment of the rent heroin provided and performance of its obligations, hereunder, shall and may peaaeNily and quietly have, hold, and enjoy the Premises for the term hereof or any extension or renewal thereof 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. 16. LESSOR'S INSURANCE That the Lessor will, during the Lease Term, and any extensions thereof, and at its own expense, carry tiro and extended coverage insurance on the completed real estate improvements of the Building to the full Insurable value. 17. INDEMNIFICATION: Lessor agrees to Indemnify, defend and hold humless Lessee, its subtenants and assignees, ftom and against any and all debts, liens, claims, Causes of action, administrative orders and notices, costs (Including, without limitation, response,and(or remedlet costs), personal injuries, losses, damages, liabilities, demands, interest, tines, penalties and expenses, Including reasonable attorney's fees and expenses, consultants' fees and expenses, court costs and all other out of pocket expenses, suffered or Incurred by Lessee or its subtenants and assignees as a result Of- A) f A) the breach of any of the representation and warranties set forth herein; and sold Wd £Q:So TO-zT-d3£-. B) any occurrence, matter, condition, act or omission Involving Environmental Laws or Hazardous Materials which existed on or arose prior to commencement of the lease tern and which failed to comply with the Environmental Laws in effect as of that date or any existing common law theory based on nuisance or strict liability In existence as of that date, regardless of whether or not Lessor had knowledge of same as of that date. 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. la. ADDITIONAL MMUAL COVENANTS: The following stipulations and agreements ere 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 fall to make the payments on any mortgages, or taxa or other payments on the Building which Lessor Is required to pay, the Lessee may, but shalt not be required to, make such mortgage or tax payments or such other payments or do such seta and things u may be necessary to keep the mortgage or taxes on the Building from being in defauh% and may deduct the cost thereof from the next ensuing rentals due under ft Lease. 9) In the event improvement in the Building shall be partially damaged by fire or other cuualty 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 thao 60% of leased floor space usable for Lessee's purposes, and rendering the Pro- misee unfit for occupancy, the Lessor and Lessee shall both have the option of terminating this lease within thirty (30) days from the date of the casualty by providing Notice to the other parry. Provided that the Lessor elects to rebuild the Promises, the Lessor shall proceed with such construction and complete same with all reasonable diligence. In the event the Lessor elects not to reconstruct, then and In that event the Lean shall be deemed terminated. If the Promises aro rendered untenantable, of Lessee is unable to use a portion of the Premises due to repa(rs, then and in that event the Rent during the period that the premises are in odd condition :halI be reduced in direct proportion to that portion of the Premises which is, in flick untenantable or under repair. C) The covenants and agreements contained in this Lase are interdependent and are binding on the parties hereto, their successors and assigns. This Lease has been prepared in several counter` parts, each of which said counterpart, when executed, shall be deemed to be an original hertof. D) If Lessee shall hereafter install, at Its expense, any shelving6 lighting and other fixWes, unit heaters, portable air conditioning units. portable partitions or any trade fixtures, or If Lassos shall hereafter Install or apply any advertising sights or other standard Identiflestions of Lessee, any article so installed or any Identification so applied shall be the property of the Losses, which Lessee may remove at the termination of this Lease, provided that in such removal Lessee shall repair any damage occasioned to the Premises, in good workmanlike manner, The Losses has the right upon Notice to the Lessor to install telecommunication services and equipment and Lessor's consent to such installation shall not be unreasonably withheld, Its lessee shall not remove any fixtures. equipmem or additions which are normally considered to afflxed 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 end ducts, plumbing fixtures, etc. E) each party represents and warrants that it dealt with no broker in connection with this transaction and agr;os to indemnify the other parry against, and hold It harmless from all liabillties arising from claims of any broker who alleges the right to commission based upon having dealt with said party (including, without limitation, the reasonable counsel fees in connection therewith), 60 *`t Wd SA: r:0 T0-2T-d3S 19. PROVISIONS Of DERAULTr 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 tf:e Lessee, 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 Louse, 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 Leve, to 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 f irther obligations to make rental payments hereunder. 13) By Lessor. Should the Lessor default in the paymeat 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 obilgatioa, Lessor shall, within ten (10) calendar days from die date of Lessee's written demand, reimburse Lessee in the fall amount thereof together with Lessee'; 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 aecruad 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, Lessec 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 shall be given by certilled mail, return receipt requested, hand delivery, or courier, ("Notice') addressed to the Lessee at: City of Miami Office of the City Manager 3500 Pan American Drive Miami, FL 33133 and a copy to City of Miami Department of Planning and Development, Asset Management Division 444 S.W. 20' Avenue, 3'' Floor Miami, FL 33130 and a copy to City of Miami Miami Jobs Program 1313 N.W. 361" Street. 21A Floor Miami, FL 33142 or to such other address as the Lessee may from time to time give the Lessor, 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 cortified mail, Notice shall be deemed served live (5) business days after the elate the Notice is deposited with the U.S. Post Office, J1, -i0 G 0 T ' d 41d 40:Q0 10-4 T -das ;t. SPECIAL PROVISION: Whereas, Leases is leasing space for the lobs Program Division of the Community Development bepaeanent .and Wheras, the lobs Program Division is completely grants funded, primarily from kovernment sources; Lessee is hereby granted a special provision for a reduction in total square footage 'renal It funding allocations are reduced in any year of this leas. This special provision Is granted in teoognition of the fact that grant awards are primarily of a one year duration and are subject to renewal. Lessee will be granted the option of reducing the square footage of this lease, without penalty, to insure continued services within a reduced budget. Lessee agrees to notify the Lessor six months in advance of a projected reduction in ftnding that would necessitate re-negotlating the total square footage to be leased for the subsequent year. Lessee will, additionally, have the responsibility of providing documentation for the Lessor of the reduction in funding that is necessitating a reduction in square footage. ;S. LESSEE'S RIGHT TO TERMINATE: Separate and spars from all other rights granted to Losses to terminate this Lean, the Lessee shall have the right at any time to terminate this Lease by giving the Lessor at least one hundred vijhry (1 g0) days Notice If the program shall be deemed to be discontinued at this location. Upoa any such termination, this Lease shall terminate as though the lamination wen the date originally fixed as the end of the tern, ;,3. LESSEE'S FINANCL 6L RESPONSIBILITY OF BUILD -OUT COST DUE TO SPECIAL PROVISION AND/OR LESSEE'S RIGHT TO TERMINATE Lessor Is fully aware that Lessee's program is funded by grant awards that are primarily of one year .duration and are subject to renewal; and that said program may be reduced or fully eliminated during any year in this Lease Term. Being aware of No, Lessor is still willing to build -out the Premises as per exhibit C. and Lessor shall not hold Lessee responsible for any portion of the cost or expenses associated with Lessor's build -out costs should Lessee exercise its options under sections zl or 22. 24. FORCE M&MURE: 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 ration beyond their eoneml, the prevented party shall provide Notice to the other party, and the performance of such act shell 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. 24. PARMGr Thru•out the Lease and any extension thereof, Lessor shell provide Lessee with no less than forty (40) 'reserved puking spaces, as detailed in exhibit 8, for the sole use of Lessee, Lessee's employees, and thole :sssociated with Lessee. These parking spaces will be clearly marked "City of Miami" and shail have tow away signs sating that unauthorized parked cars will be towed at owner's expense. 36. ENVIRONMENTAL: A) Lessor represents and warrants to Lessee that: t) 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; TT -d Wd 80:90 70-ZC-daa Z T "d 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" shelf 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: (i) defined as a "hazardous material", "hazardous substance", "extrzmely hazardous waste", or "restricted bazardous waste" under any provision of State Law; (it) petroleum; (111) 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. Seo. 12$1 at seg. (33 U.S.C. Sac. 1371); (vil) defined as a "hazardous waste" pursuant to Section 1004 of the Resource Conservation and Recovery Act, 42 U.S,C. Seo. 6901 at 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. Soo. 9601). (ix) 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. 27. APPROVAL BY THE OVERSIGHT BOARD: •The State of Florida has appointed an Emergency Financial Oversight Board (the "Oversight Board") 'which is empowered to review and approve all pending City of Miami contracts. As a result, contracts :shall not be binding on the Lessee until such time as they have been approved by the Oversight Board. 'Execution of this Lease Agreement by the City Manager shall constitute evidence of its approval by the Oversight Board. '23. MISCELLANEOUS: A) This Lease may be amended, modified and changed only by written instrument signed by the i City Manager and the Lessor, B) T tls Lease shall be construed according to the laws of the state in which the Premises aro located. C) Should any portion of this Lease be declared invalid and enforceable, then such portion shall be deemed to be severable from this Lease and shall not affect the remainder thereof. jI-10jG Wd ®T:Go To-Zi-clas • 0 D) it is expressly understood that this Leese contains all terms, covenants, eonditlons and agreements between the parties hereto relating to the subject matter of this Lease, and that no prior ! agreements or understandings. either oral or wrilM, 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 alt 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 recon of any default under this Lease, or for a declaration of such patty's or parties' rights or obligations hereunder, or for any other judicial remedies, the Court may adjudge to be reasonable attorney's' fees for the services rendered the patty or patties prevailing in any such action or proceeding. F) 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 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 Wast upon the pedormaace by Losses or Lessor of any term, covenant, condition or agreement hereof, or to exercise any rights, given by either of then on account of any such deflault or breach. waiver of a particular dehult under or breach or my teem, covenant, condition or agrecn3ent of this Lase, or any leniency shown by Lessor or Lessee .la 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 derault under, or breach of any other term, covenant, condition or agreement of this Lease, G) Lessor represents that the Premises aro 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. to Lessor agrees that the premises now conform, or that, prior to Lessee's occupancy, that the Premises shall. at the Lessor's sole cost and expense, be brought into conformance with the requirements of Section 533.48,1F,S., providing requirements for the physically handicapped. 0 Lessor hereby grants Lessee an easement for Ingress/agress, access, parking and for driveway purpose, for the Premises. .n Lessor hereby represents and warrants to Lessee that there aro no tenants in the Building or other probes. who have leases or agreements which prohibit, restrict or interfero With the use by Lessee. its employees or Invitees, of the Promises or Common Areas, Nor will Lessor enter into any such taus or agreement K) Lessor hereby represents and warrants to Lessee that the drinking water at the Premises is available to the degree of the educational code and it Is hee of all contaminants and humNI chemicals. L) Lessor hereby represents and warrants to Lessee that there are no sus, rodents, termites, insects, or pests of any kind within the Premises. Should Lessee evidence anything the to 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 Nrom such pests. W) 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 panics covenant that this Lease Agreement shall not be construed in favor of or against either of the parties. 10 RT•d 01 - Ila jG Wd ZT:90 TO-7-T-d9S till, TId i i n Witness Whereof, the panics hereto have hereunto set their hands and seals on the day and year tint bove written. �, .� or Fedele, President, Golden Sands Allapattah Corp. ey to Lessor) Date .j ±Dated and executed by the City as of 19AS /61,! _ �TTEST: CITY OF MIAMI, a Mualclpal Corporation of the State of Florida Walt . Foem City Cie rk A"-P!•Rendet;"ity Manapr :��lA x;; ' qkPPROYfiqAS TO INSURANCE APPROVED AS TO FORM AND U CORRECTNESS: By arto Solde Ila 7 ,III 7 ik Management Administrator CTty Atto y i U1. -104,y6 Wd VT:S.le TO-ZT-196 Sap 26 00 12:22p gallon sands ST lcd • 30SC340000 AMENDMINT Y—Q, l TO THE LEASE AG13E MET BETWEEN— THE CITY OF MIA LAND GdLDEN SANDS A14 APATTAH CORP.. FQATHE USE QFPM>E,,, SPACE WITHIN 1313 N W 36" !METLMIAMI, FL This Amendment is entered into this _1L da. of P r 1999, by and between the City of Miami, a municipal corporation of the State of Florida (the "Lessee'), and olden Sands Allapattah Corp., a Florida Corporation (the "Lessor") for the purpose of Icatnending that certain Lease Agreement between the Lessee and Lessor dated January 5, 1998, 1(the "Agreement") as follows: NOW, THEREFORE, in cousidention of mutual covenants hereinafter set forth and in �cOnsideration of other valuable consideration the parties covenant and agree as follows: I I The torm "Premises" shall be amended to include both the original space considered withla the Lease and the Additional Space as hereinafter defined. The ie= Additional Space shall be 3,029 square feet of ofiicc apuce located within the second floor of the Building, as detailed in Exhibit A attached hereto and made part hereof. 'ihe term Prernises shall deem to include a total of 16,177 squaro feet. Lessor has agreed to complete the build out for the Additions! Space as per exhibit B, sad hereby warrants said improvements for the Term of this Lense Agreement. Runt for the Additional Space shall be at the annual rate of Thirteen Dollars ($13.00) per square foot for monthly rent of Throe Thoucund Two Hundred Eighty One and 43!100 Dollars ($3,281,42). The full monthly rein for the Premises shall be Seventeen Thousand Five Hundred Twenty Five and 08!100 Dollars ($17,525.08) and shall vommcnee upon full moution of this Amendment. as specifically provided herein, all of the terms and provisions of the Lease shall remain in effe;', witness whereof, the parties hereto have executed thins Amendatent to the Lease on the day and year it above written. �vame: MfiRY � t"►AGttit� nt 1 Golden Sands Allapattah Corp 8y. . — 10 .9 ; Wd 4T:G0 To—ZT—d3s Sep 28 00 12122p • golden sands i Attest an By, C:it Clerk , ; i y t +N AMendmenl 1 9T 1 .1 • 30634©000 City of Miami, s Municipal corporation of the • of Florida �y. arahew __.._._......__...- City Manager p .1 '1 wa 9T:90 T O -z 1 -das