HomeMy WebLinkAboutR-98-0512J-98- 615
5/ 18/98
RESOLUTION NO. 9 8 _ 512
A RESOLUTION, WITH ATTACHMENT(S), AUTHORIZING
THE CITY MANAGER TO EXECUTE A LEASE
AGREEMENT, IN SUBSTANTIALLY THE ATTACHED
FORM BETWEEN THE CITY OF MIAMI AND WARNER
PLACE, INC. FOR THE PURPOSE OF LEASING 2,887
SQUARE FEET OF OFFICE AND CLASSROOM SPACE AT
111 SOUTHWEST 5TH AVENUE, MIAMI, FLORIDA, TO BE
OCCUPIED BY THE OFFICE OF WORKFORCE
DEVELOPMENT; PROVIDING FOR: (i) MONTHLY RENT IN
THE AMOUNT OF $10.20 PER SQUARE FOOT, FOR A
TOTAL MONTHLY COST OF $2,453.95, (ii) A TERM OF ONE
(1) YEAR, (iii) A CITY OPTION TO RENEW THE TERM FOR
UP TO FIVE (5) ADDITIONAL ONE-YEAR PERIODS, AND
SUCH ADDITIONAL TERMS AND CONDITIONS AS MORE
PARTICULARLY SET FORTH IN THE ATTACHED LEASE
AGREEMENT; ALLOCATING FUNDS THEREFOR FROM
CITY INDEX NO. 454006 AND CITY PROJECT NO. 184089.
WHEREAS, the opening of the City of Miami Job's Program in the Little Havana
Area from which to provide for expanded services is necessary to meet grant funding
requirements; and
WHEREAS, the City of Miami Job's Program has determined that the space located
at III Southwest 5'h Avenue, Miami, Florida is suitable for the requirements of their
program; and
WHEREAS, all costs associated with this lease and expansion of services will be
paid from grant sources and will not require a contribution from the general fund;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
ATTACHMENT (S)
CONTAINED
CITY COI UMSION
MEETING OF
MAY 2 6 1998
Resolation No.
Section 1. The recitals and findings contained in the Preamble to this Resolution
are hereby adopted by reference thereto and incorporated herein as if fully set forth in this
Section.
Section 2. The City Manager is hereby authorized' to execute a lease agreement,
in substantially the attached form, between the City of Miami and Warner Place, Inc., for
the purpose of leasing 2,887 square feet of office and classroom space at 111 Southwest 5"'
Avenue, Miami, Florida, to be occupied by the Office of Workforce Development, providing
for: (i) rent in the amount of $10.20 per square foot, for a total monthly cost of $2, 453.95,
(ii) a term of one (1) year, (iii) a City option to renew for up to five (5) additional one year
periods, and such additional terms and conditions as are more particularly set forth in said
lease, with funds therefor hereby allocated from City Index No. 454006 and City Project
No. 184089.
Section 3. This Resolution shall become effective immediately upon its adoption.
PASSED AND ADOPTED this 26th day of May , 1998.
JOE CAROLLO, MAYOR
In accordance with Miami Code Sec. 2-36, since the Mayor did not ind*77"' of
this legislation by signing it in the designated place proOded,
becomes effective with the elapse of ten (10) days from the date of
ATTEST: regarding same, without the Mayor exercising a o.
Walter koernn, City Clerk
WALTER FOEMAN
CITY CLERK
' 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.
2 —
98 - 512
PREPARED AND APPROVED BY:
JULIE O. BRU
ASSISTANT CITY ATTORNEY
1 • pit
RNEY
W2587/JOB/kd
- 3 -
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LEASE AGREEMENT
This Lease Agreement (the "Lease Agreement" or "Lease") is made and entered into at Miami, Dade
County, Florida, the day of May, 1998, 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 2,887 square feet,
as shown in exhibit "A" (the "Premises"), within I I I S.W. 5`h Avenue, Miami, Florida 33130, hereinafter
referred to as the "Building". The Premises and the Building are depicted for illustrative purposes in
Exhibits "A" and "B", respectively, which Exhibits are 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, 1998 (the "Commencement Date") and terminating on May 31, 1999.
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
Ten and 20/100 Dollars ($10.20) 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. At the present square footage of 2,887 square feet, the total monthly rental
payment will be $2,453.95.
B) The Lessee shall pay the first and last month's rent on signing of this Lease.
C) The monthly rent shall be payable, in advance, on the first day of each month, without notice.
D) Payments are to be made payable to:
Warner Place, Inc.
I I I S.W. 5"' Avenue
Miami, FL 33130
E) Rent shall commence upon the Lessor completing the improvements detailed in Exhibit "C"
("Rent Commencement Date").
F) 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 rats 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.
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G) Lessee has deposited 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
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. 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 offices and/or classrooms for the Office of
Workforce Development. 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.
C) 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, ex-
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cepted. However, Lessee shall not be obligated to repair any damage which Lessor is required to repair
under Article 16 (B).
8. HOLD OVER
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.
9. TENANT IMPROVEMENTS:
Lessor hereby agrees to build out and complete on or before June 1, 1998, the improvements described in
Exhibit "C", attached hereto and by this reference incorporated herein. Lessor warrants said
improvements for all normal wear and tear for the Lease Term of this Lease Agreement.
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 term of this Lease or any extension or renewal thereof.
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, electricity and other utilities
serving the Premises with the exclusion of telephone.
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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, unless
otherwise indicated in Exhibit C.
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 without written consent of the Lessor,
which consent shall not be unreasonably withheld nor delayed past five (5) business days, and
any approved additions or improvements made by the Lessee, except only movable office
furniture and fixtures, shall become the property of the Lessor at the termination of this Lease or
the occupancy of the Premises. All door designations and all modifications to floors, walls,
ceilings, woodwork and any and all other changes to the Premises leased hereunder must first be
submitted to the Lessor in writing and receive approval in writing, which approval shall not be
unreasonably withheld nor delayed past five (5) business days, prior to undertaking any action or
construction. There are no exceptions to this provision of prior written approval by the Lessor
because of the historic construction and character of the Premises.
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 shall put the Lessee in actual possession of the Premises on the Commencement
Date.
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 subsequent to the Commencement Date.
E) The Lessor and Lessee have agreed that the Lessor shall, at Lessor's sole cost and expense,
improve, build -out or modify the space in the Premises for offices according to exhibit C. The
said improvements are intended to be utilized during the Lease Term for the benefit of the
Lessee.
F) The Lessor further covenants that Lessor will keep the Premises, the exterior, and the
Building, in a clean manner and in good repair.
G) The Lessor shall provide, at no cost to the Lessee, a dumpster for regular office debris.
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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 fire and extended coverage insurance on the completed real estate improvements of the Building to
the full insurable value. WSK TO APPROVE)
16. INDEMNIFICATION:
Lessor agrees to indemnify, hold harmless, and defend (by counsel reasonably acceptable to Lessee)
Lessee, its officers, agents, and employees, from and against any and all debts, liens, claims, causes of
action, administrative orders and notices, costs, personal injuries, losses, damages, liabilities, demands,
interest, fines, penalties and expenses, including reasonable attorney's fees and expenses, consultants' fees
and expenses, court costs and all other out of pocket expenses, (including, without limitation, response
and/or remedial costs in connection with environmental matters), suffered or incurred by Lessee as a
result of:
A) the breach of any of the representations and warranties set forth herein; or
B) the failure of Lessor to perform any obligation under this Lease; or
C) 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 existed
on or arose prior to the Commencement 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.
17. 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
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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) This Lease has been prepared in several counterparts, each of which said counterpart, when
executed, shall be deemed to be an original hereof.
D) If Lessee shall hereafter install, at its expense, any shelving, lighting and other fixtures, unit
heaters, portable air conditioning units, portable partitions or any trade fixtures, or if Lessee shall
hereafter install or apply any advertising signs or other standard identifications of Lessee, any
article so installed or any identification so applied shall be the property of the Lessee, 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 workman -like manner. The Lessee 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. 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.
E) Each party represents and warrants that it dealt with no broker in connection with this
transaction.
F) 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.
18. 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 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 Lessee, 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
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right of Specific Performance.
19. 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:
Lessee:
City of Miami
City Manager
3500 Pan American Drive
Miami, FL 33133
and a copy to
City of Miami
Office of Asset Management
444 S.W. 2nd Avenue, 3`d Floor
Miami, FL 33130
and a copy to
Lessor:
City of Miami
Office of Workforce Development
1313 N.W. 36`' Street, 2nd Floor
Miami, FL 33142
Warner Place, Inc.
111 S.W. 5`h 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.
20. SPECIAL PROVISION:
Lessee is leasing space for the Office of Workforce Development which is completely grants funded,
primarily from government sources. Lessor agrees that, at any time during the Lease Term, in the event
that such funding is reduced for a particular year, then the Lessee shall be entitled to a reduction in the
total square footage of the Premises and a corresponding reduction in the amount of total rent due. Lessee
agrees to notify the Lessor One (1) month in advance of a projected reduction in funding that would
necessitate re -negotiating the total square footage to be leased. Lessee shall provide to Lessor such
documentation as may be necessary to demonstrate that a funding reduction warrants a reduction in the
square footage of the Premises.
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
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terminate this Lease, at any time, by giving the Lessor at least sixty (60) 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. LESSEE'S FINANCIAL RESPONSIBILITY OF TENANT IMPROVEMENT 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 this, 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 20 or 21.
23. 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.
24. PARKING:
Thru-out the Lease and any extension thereof, Lessor shall provide Lessee with an adequate number of
reserved parking spaces for the sole use of Lessee, Lessee's employees, and those associated with Lessee.
The Lessor shall identify these parking spaces as reserved for "City of Miami" and shall post signs
warning that unauthorized parked cars will be towed at owner's expense
25. 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:
(i) defined as a "hazardous material", "hazardous substance",
"extremely hazardous waste", or "restricted hazardous waste" under
any provision of State Law;
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(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.
26. 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.
27. 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 be reasonable attorney's fees for the services rendered the
party or parties prevailing in any such action or proceeding.
F) In the event of any dispute between the parties under or arising out of this Lease, the parties
waive any right to a trial by jury.
G) Lessor or Lessee's failure to take advantage of any default hereunder, or breach of any term,
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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 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 then
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 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 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 will be absolutely prohibited. Smoking will
only be permitted in the outdoor areas designated by the Landlord.
O) Whenever the personnel is available, the Lessee shall provide grounds maintenance service at
least twice monthly.
P) 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.
10
984 512
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
1998.
Dated and executed by the City of Miami by its City Manager as of , 1998.
ATTEST: CITY OF MIAMI,
a Municipal Corporation of the
State of Florida
By:
Walter J. Foeman, City Clerk
APPROVED AS TO INSURANCE
REQUIREMENTS:
Mario Soldevilla
Risk Management Administrator
F:Leases/Warnerplace.docJOB
11
By:
Jose Garcia -Pedrosa, City Manager
APPROVED AS TO FORM AND
CORRECTNESS:
M
Alejandro Vilarello
City Attorney
98- 512
MIAmj RS�JF�R. _30S 325 9227 P.02
EXHIBIT A PAGE 1
'WARNER'
PLACE
111 South West 5th.kvenuelMiami, Florida 33130
1 �
Porch f e i Porch
1 1 3
0 icc LadiesMen's
5 Res troom. Rest room;
A/C l 0' x3h' OO Ix
e ,.
nffite A
193s�X41 '4 Office
A
\ Ha11 .� .� �•� _
0 cep
19� 3'
FIRST FLOOR
Entrance
98- 512
MIAMI RIVER
EXHIBIT A PAGE 2
I I I South w
30n 325 9227 F. C33
PtACE
th Avenue/iNAWnii, Florida 33 130
SECOND FLOOR
9800 512
I
Exhibit B
To be inserted prior to execution.
This exhibit will be the site plan for the building including the parking area.
98= 512
Exhibit C
In order to minimize any disruption of the Lessee's use of the Premises the Landlord warrants and
guarantees the following repairs to the Premises will have performed on or before June 1, 1998:
• All of the walls will be scraped, sanded, and plastered where needed.
• All of the walls will be uniformly painted.
• All doors and moldings will be free from paint and stickers.
• All doors and moldings will be touched up where needed.
• A new carpet will be installed in Offices D, E, F, and G.
• All electrical outlets will require plates.
• Sun reflecting shades will be installed in Office G.
Furthermore, any future repairs to the Premises, with the exception of air conditioning repairs, will be done
within Five (5) days of Tenant's request for repair. Any repairs required to be performed on the air
conditioner will be done within 24 hours of Tenant's request for repair.
98- 512
TO
FROM
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
The Honorable Mayor and Members
of the City Commission
Josh Garcia -Pedrosa
City Manager
RECOMMENDATION:
CA=20
DATE : May 26, 1998 FILE:
SUBJECT:
Lease Agreement between the
City of Miami and the Warner
REFERENCES: Place, Inc.
ENCLOSURES: City Commission Agenda
May 26, 1998
The administration recommends that the City Commission approve the attached
Resolution authorizing the City Manager to execute a Lease Agreement ("Agreement"), in
substantially the attached form, with Warner Place, Inc., a Florida Corporation. This
Agreement is for the use of approximately 2,887 square feet of office and classroom space
for the Office of Workforce Development. It will be located at 111 S.W. 5th Avenue, Miami,
Florida. The terms of the Agreement include a monthly fee of $2,453.95, a One year term
with Five One-year options, and terms and conditions as more particularly set forth in the
Agreement.
BACKGROUND:
The opening of the City of Miami Office of Workforce Development in the Little Havana
Area from which to provide expanded services is necessary to meet grant funding
requirements. The Office of Workforce Development has determined that the space located
at 111 S.W. 5th Avenue, Miami, Florida is suitable for the requirements of their program.
All costs associated with this lease and expansion of services will be paid from grant
sources and will not require a contribution from the general fund.
Highlights of the Agreement are as follows:
Use Period: Commences June 1, 1998 and terminates on May 31, 1999.
Options: Five One -Year options automatically renewed. Lessee may elect not
to extend by providing the Lessor not less than one month's notice.
Use Fee: $2,453.95/mo. ($29,447.40/yr)
$10.20 per square foot
Utilities: All utilities, with the exception of telephone, will be paid by Lessor.
Adjustment to
Monthly Fee: None.
99 512
Honorable Chairman and Members
of the City Commission
Page 2
Security Deposit: $ 1, 000.00.
Taxes: All Taxes will be paid by Lessor.
Repairs: All repairs shall be the responsibility of the Lessor unless such repair
is necessitated by the negligence or willful misconduct of the Lessee.
Comparable Rates: $ 10.00 - $ 12.00 per square foot
List of Officers: James R Jude, M.D.
Sallye G. Jude
Timothy C Blake
jj,►6
JGP:CMC:DB:if: City Commission -Cover Memo.doc
c: Christina Cuervo, Assistant City Manager
Dena Bianchino, Director
Office of Asset Management
98- 512