HomeMy WebLinkAboutR-96-0153J-96-408
2/29/96
RESOLUTION NO.
A RESOLUTION, WITH ATTACHMENT(S), AUTHORIZING
THE CITY MANAGER TO EXECUTE A LEASE
AGREEMENT, IN SUBSTANTIALLY THE ATTACHED
FORM, WITH CASTLE -MOUNT REALTY & MANAGEMENT,
FOR A ONE-YEAR PERIOD, WITH A ONE-YEAR
RENEWAL OPTION, TO PROVIDE SPACE AT
2415 BISCAYNE BOULEVARD, MIAMI, FLORIDA, FOR
THE OPERATION OF THE EDGEWATER MINI POLICE
STATION; ALLOCATING FUNDS THEREFOR, IN AN
AMOUNT NOT TO EXCEED $5,400.00 PLUS
APPLICABLE TAXES, FROM SPECIAL PROGRAMS AND
ACCOUNTS, FOR LEASE OF SAID SPACE.
BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The City Manager is hereby authorized!/ to
execute a Lease Agreement, in substantially the attached form,
with Castle -Mount Realty & Management, for a one-year period,
with a one-year renewal option, to provide space at 2415 Biscayne
Boulevard, Miami, Florida, for the operation of the Edgewater
Mini Police Station, with funds therefor, in an amount not to
exceed $5,400.00 plus applicable taxes, hereby allocated from
Special Programs and Accounts, for lease of said space.
i� 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.
ATTACHMENT (S)I
CONTAINED.
CITY COMMISSION
MEETING OF
FEB 2 9 1996
Resolution No,
Section 2. This Resolution shall become effective
immediately upon its adoption.
PASSED AND ADOPTED this 29th day of February 1996.
STEP EN P. CLAR!�d MAYOR
ATTEST:
i
i
5WALT J. F MAN
v. CIT CLERK
APPROVED AS TO FORM AND CORRECTNESS:
A.'QUIPNJ III
CITY ATTOPgY
W836:BSS
06- 153
- 2 -
SENT BY;COM PLAN REV/ASSET MGM; 4-25-96 ; 4:23PM CITY OF MIAMI- CITY MANAGER'S OFF.;# 3/12
THIS LEASE AGREEMENT, made and entered into this _ % t_ day
of Februj= , 1996, by and between CASTLE -MOUNT REALTY &
MANAGEMENT, a Florida corporation, hereinafter referred to as the
LANNDLORD," and .,jhg C'tg of Miami hereinafter referred to as
the "TENANT".
THE LANDLORD, in reliance upon and in consideration of the
rents, representations, covenants and conditions herein contained
on the part of the TENANT., hires and takes of and from the LANDLORD
for the term, and upon the promises and conditions hereupon set
forth and subject to any rules and regulations that may hereinafter
be promulgated during the terms hereof by the LANDLORD, certain
space 2415 Bingayne Boulevard hereinafter referred to_as the
"OFFICE SPACE", located in Dade. County, Florida, which certain
space is hereinafter identified and shall hereinafter be referred
to as the 11DEMISED PREMISES",
.. ... Pi O• GNP 1 ♦I • . addition to
other terma which are elsewhere defined in this Lease, -the
following whenever used in this Lease ahall have the meanings set
forth in this Paragraph, and only such meanings, unless such
meanings are expressly contradicted, limited or expanded elsewhere
herein:
(a) LANDLORDS mailing address: CASTLE -MOUNT REALTY & MANAGWIENT
P,Q. Box 22-2123
Hollywood, Florida 33022
(b) DEMISED PREMISES: 2415 Biscayne Boulevard
Miami, Florida 33137
Approximate rentable square footage: 500 square
feet. i
(c) TENANT'S trade name: city of Miami
(d) Term: one (1.) year
(e) Commencement date: February 1, 1996
(f) Termination date: January 31., 1997
(g) Option periods (Par.4): One year option (Payment outlined in
Section 27.)
(h) Minimum rent: $ 5,400.00 per annum, payable in equal
installments at the rate of $ 450.00 per month, plus applicable
Florida sales, use, or rental tax. All payments to be made to Lhe
LANDLORD on the first day of each and every month in advance
without_ demand at the office of CASTLE -MOUNT REALTY, or at such
SENT BY : COM PL A:1' REWASSE7 MOM; 4 5-96 ; 4 : 23PDI CITY OF M I AM I C ! 11 MANAUCK o yr. r . , * It, 14
W security Deposit (par. S): $ 900.00 (two months)
(j) Formitted Use (Par. 6): Police Midi SLaLiorl
2. MiLilL= RENT: TENANT agrees to pay to LANDLORD without demand
and without set-off or deduction, the minimum rent, payable in
advance in equal monthly :installments on the tirst day of each and
every calendar month throughout the tern hereof. In the event the
commencement date of the term of this Lease shall be other than the
first day of any calendar month., the minimum rent for the portion
of the initial month shall, be prorated on a daily basis. If any
portion of the minimum rent, or any sums due and owing on account
of rental adjustments, an hereinafter provided, shall remain unpaid
for more than five (5) days after the same shall become due,
LANDLORD shall be entitled to a late charge equal to ten (10%)
percent of the amount of such overdue payment, In the event any
check tendered by TENANT in payment of the minimum rent or any
other sum due and payable by the TENANT purcuant to tha further
provisionp of this Lease shall thereafter be dishonored, LANDLORD
shall thereafter have right, upon written notice to TENANT, to
require TENANT to pay all future sums to I.MLORD in cash or by
cashiers check, and TENANT'S failure to do so shall constitute an
event of default hereunder.
3. QpTION_ PERIDnE: In the event TENANT has been provided any
options to renew above, then for each option period, all of the
terms, provisions, covenants, conditions and obligations of this
Lease pertaining. to the original terra, except as to the amount of
minimum rent, shall automatically apply to each option period.
Each option period shall be predicated upon TENANT having exercised
the immediately preceding option period and conditioned upon TENANT
not being in default under the original term or for any option
period term preceding the option period being exercised. The
TENANT shall exercise each option herein granted, if any, and if at
all, by giving to the LANDLORD written notice of TENANT'S election
to do so at least sixty (60) days prior to the commencement of such
option period.
For and during each option period, the minimum rent for whicki the
TENANT shall be obligated shall be equal to the minimum 'rent
payable during the initial. term of this Lease, as more specifically
provided irx Paragraph 1(h) hereof.
4. SECURITY. TENANT has deposited with LANLLORD the security
deposit referred to in Paragraph I (j) hereof, as and for a
security deposit to insure the TENANTS faithful performance of the
terms, covenants and conditions of thin Lease. Provided that the
TENANT shall deliver up possession of the DEMISED PREMISES to the
LANDLORD at the termination of this Lease in the same condition as
originally provided herein, ordinary wear and tear excepted,
LANDLORD shall refund to TENANT the amount of said security
deposit, less the amount of any sums required to he retained by the
LANDLORD as compensation for damages to the- DEMISED PREMISES
occasioned by the TENANT'S breach of any of the terms, covenants
and provisions hereof.
5. RERMTTTRn LI.QRI The TENANT covenants that said premises shall
be used and occupied solely by the TENANT and TENANT'S employees
and nnll, f-- #-I . r",vrnnn nP nn+,rihittfJ rhP lawful hn.^.ina.AA Ot the .,+�•.
— 153
The TENANT further covenants and agrees that said premiaQs shall
not be used for any illegal or immoral purposes whatsoever.
6. ASSIQkIMENT AND SUB-LETTINGi TENANT shall not assign this
Lease, nor sub -let the premises, or any part thereof, nor uce the
same or any part thereof, nor permit the same, or any part thereof,
to be used for any other purpose than as above stipulated, nor make
any alterations therein or additions thereto without the prior
written consent of the LANDLORD being first had and obtained. In
this conneckion, UNDLORD agrees that such consent shall not be
unreasonable withheld or delayed.
7. All personal property placed or
moved in thn,premises above described shall be at the risk of the
TENANT or owner thereof and LANDLORD shall not be liable for any
damage to said personal property, or to the TENANT, arising from
the bursting or leaking of any water pipes or from any act of
negligence of any co -tenant or of any other person whomsoever.
.:.w
(a) LANDLORD shall not be required to make any repairs or
improvements of any kind upon or to the DEMISED PREMISES, except
for the necessary repairs to the roof and structural repairs to the
exterior .of the building in which the REMISED PREMISES forms a
part, unless the necessity for any of such repairs to the roof or
structural repairs to the exterior of the building shall have been
occasioned by any act, omission or negligence of the TENANT, or any
subtenant, concessionaire or licensee of TENANT, or their
respective employees, aganty, invitees or contractors, in which
event TENANT agrees to make such repairs at its own coat and
expense.
(b) Subject to the provisions of sub -paragraph (a) of this
Paragraph, TENANT agrees, at its own cost and expense, to keep and
maintain the VEMISED PREMISES and each and every part thereof in
good order and Condition ant to make all repairs and replacements
thereto, structural or otherwise, and the fixtures and equipment
therein and the appurtenances thereto, including, without limiting
the generality of the foregoing, the exterior and interior wirfdows
and window frames, doors and door frames, entrances, storefronts,
signs, showcase B loor coverings, interior walls, columns and
partitions, and tpe-- r sad , hea�is�g.ef co ��3`,
,aqu4tMent•, fixtures and facilities serving the DENISED PREMISES.
`P$Tii42F�--�g:'�F•r �1j�Cgp= 'ram F�...... .. _a.....a.,...a .,,..a
. • - � - n.•Fn,i ten„ a� iia� �h.m +�r�e't•
tJ�S �'ILL'S3t��scnv--.�.�s'�PJelt�tctn'Y:;�tfg' z--c-•---- --- -- •.___D
nn-��.ar'�^o'�sL.' d4tf� 6':fr �Y.01li.C�$- ^^i�$�•-`9tk�1-'FTiirl3ltfanAnr•,ae�-^,„��
t. All glass, both interior and exterior,
ahali'be at the sole risk of the TENANT, which agrees to replace at
its own expense any glass broken during the Letm of this Leave.
9. AT,TF,RATYONq.- TENANT shall make no alterations, additions,
installations, substitutions, improvements or decQratiQnr, in or to
the DEMISED PREMISES without the prior written consent of LANDLORD,
which consent shall be subject to and upon such termc and
conditions as LANDIX)RD may require and stipulate in s"ch consent,
including, without limitation, (a) physical and spatial
limitations, (b) governmental approvals, (c) payment, {d) bonding,
(-i ;nriomn9t1r•)r;nn. (f) liens. and (cri dtteiyn t'ui4 of approved
I r
- 153
improvements which may be made by TENANT, except hwvabl.e office
furniture, shall become the property of LANDLORD and remain upon
the premises an a part thereof, and shall be surrendr,red with thn
premises at the termination of the Lease.
10, LUIL.ITr;~gt:_ TENANT shall, al, ita own cost and exponse, be
responsible for the payment of all waste removal ehaxgec and for
t.l_.L i._a t _l1. G: .. _J l..l , .......... -1 11.1 ,.. 111. ] �� 7GL V 11. �b autu
meters in connection therewith, together with the payment of all
periodic charges when due for electricity, water and any and all
ether utility charges incurred in the use or the DEMISED PREMISES.
11. INSURANCE:, (a) TENANT agrees to secure and to keep in force
and effect, at its own coat and expense, from and after the date
LANDLORD shall deliver pQssession of the DEMISED PREMISES to
TENANT, and throughout the term of this Lease, the following
insurance coverage:
(i)- Comprehensive general liability insurance, on an
occurrence basis, with minimum limits of liability in the amount of
$300,000.00 for bodily injury, personal injury or death to one (1)
or more persons, and property damage, including water damage and
sprinkler leakage legal liability, in an amount of no less t.har,
$loo,000,00. TENANT shall, at its own expense, cause to be
exnludod from auah liability inaureanea policy t:1,.G 0Cdu --, CUbLvdy
"rill Prurt till" erirr•lur,l,ur,
(ii) "All-risks" coverage insurance (including, but not
limited to extended coverage, vandalism and malicious mischief), in
an amount adequate to cover the full replacement value of all
fixtures and contents in the DEMISED PREMISE91
(iii) Plate glass insurance covering all plate glass in the
DFMTSED PREMISES, if applicable;
(b) All Comprehensive General Liability insurance to be procured
by TENANT shall be issued in the names and for the benefit of
LANDLORD, its designee (s) and TENANT by one or more responsible
insurance companies satisfactory to LANDLORD and licensed t4 tea
busineea in the State of Florida. TENANT agrees to deliver'�o
LANDLORD Certificates or Memoranda of Insurance of all policies of
insurance to be procured by TENANT within ten (10) days of the
inception of such policies and, at least ten (lo) days prior to the
expiration of any such policy, TENANT shall deliver to LANDLORD
Certificates or Memoranda of Tneurance evidencing the renewal
thereof. The minimum limits of any insurance coverage to be
maintained by TENANT hereunder shall not limit TENANTS liability
under the terms of this Lease.
(a) TENANT shall not stock, use or sell or permit or suffer to be
stocked, used or sold any article or do anything in or about the
DEMISED PREMISES which may be prohibited by or violate any of
L ANDLORDrS insurance policies or the rules and regulations of the
Fire Xnsurance Izating Organization having jurisdiction or any
similar body, or which will increase any insurance rates and
premiums on the DEMISED PREMISES or the OFFICE SPACE. If as a
result of the same, the insurance rates applicable to any policies
of insurance carried by LANOLt7RD covering the OFFICE SPACE or the
rental i.nnome to be derived therefrom chall be inoraaeed, TENANT
96-- Iat- 3
SENT BY COM PLAN REV/ASSET MGM; 4-25-96 : 4:25PNI CITY OF MIAMI-i CITY NIANAGER'S OFF.;# 7i12
written demand therefore, as additional rant hereunder, the entire
portion of the premiums for said insurance which shall be
attributable to such higher rates. if any such insurance carried
by LANDLORD shall be nA nceled by the insurance carrier as a result
• of any of the aforementioned acts or omi,seibnG of TENANT or anyone
claiming by, through or under TENANT, TENANT agrees to indemnify
and hold LANDLORD harmless from all damages, costs and expenses
which LANDLORD may sustain by reason thereof.
j? I]FFATT.T• Tr rhf- eirent TR.DTANT chall (a) vaeater ar ahamd'!;u Llic
DEMISED PREMISES at any time when a portion of the total rental
remains due or unpaid, or in the event of nonpayment of any rent
provided for in this Lease, or (b) in the event of any non -monetary
breach of any of the conditions, stipulations or covenants by the
TENANT, as eat forth in this Lease, and said non -monetary default
shall continue or exist for a period of fifteen (15) days after
written notice of said default has been given to TENANT by
LANDLORD, -TENANT'S rights to the possession of the DEMISED PREMISES
shall constitute an unlawful detainer of the DEMISED PREMISES, and
the TENANT shall forthwith'become a TENANT at sufferance. in the
event that this Loace shall be terminated as herein provided, or by
summary proceedings, otherwise, the LANDLORD shall, at is option,
have the right to immediately reenter, retake and take possesaiun
of the DEMISED PREMISES, and declare said term and lease ended and
to expel and remove TENANT and each and every person in or upon
said DEMISED PREMISES and appurtenances which have become permanent
become permanent fixtures, shall thereupon automatiQally become
terminated and forfeited; then in such case, all the right, estate
and interest of 'the TENANT in and under this Lease and ih the
(DEMISED PREMISES hereinbefore described, and all improvements then
situated in and upon said DEMISED PREMISES, together with all
rent&, issues and profits of said premises and the i.mprovemente
thereon, and together with the security deposit, any advanced
rental required to be paid herein, whether then accrued or to
accrue, shall, without any compensation made therefor to the
TENANT, at once pass to and become the property of LANDLORD, not as
a penalty or forfeiture but as liquidated damages that will be.
sustained by LANDLORD in consequence of such default; and the
parties, desiring to obviate any question or dispute concerning' ;he
amount of damages and the cost and effect of such defaul.t,;''in
consequence of such forfeiture, have taken these elements' into
consideration in fixing and agreeing upon the amount of rent'to be
paid by TENANT to LANDLORD. This right and procedure.'may be
exercised at the option of LANDLORD. However, LANDLORD may, at its
option, re-enter and retake possession of the DEMISED PREMISES as
agent of TENANT and for the protection of the DEMISED PREMISES, and
offer the DEMISED PREMISES for rent as agent for TENANT, in the
event LANDLORD is able to re -rent the DEMISED PREMISES for a
monthly rental less than the amount stipulated herein, or for a
term shorter than the remaining term hereof, TENANT shall remain
liable for any shortage of rental income over and above the amount
realized on a re -rental or for any period hereof.
TENANT pledges and assigns Co LANDLORD, as security for the
payment of the rfhimtA provided herein, all furniture, fixtures,
goods, wares, chattels and merchandise of TENANT which may be
brought upon the DEMISED PREMISES and agreens that LANDLORD'S lien
for the payment of said rent may be enforced b� di s Tess,
forealoeure or otherwiso, at the option of LANDLORDO .1'°' a 3
SENT BY;COM PLAN REWASSET MGM; 4-25-06 c 4:25PNI CITY OF MIAM1 CITY MANAGER'S OFF.4 8112
In the event 'TENANT shall default in the performance of any of
the terms, covenants, agreeme»Ls ur uundlLions contained in this
LoaVe and LANDLORD shall be required to retain the services of an
eitternoy t;o enforce the provirions her•pof, whether euit be brought
or not, TENANT agrees to pay LANDLORD the latter'e reasonable
attorneys' fees and all court cost, if any, incurred therein.
any and r
^*rise Or be ;MPJ;r91 A�iAm--.�-
ri6o Qr da or A14*4,y
agents, / ece
—T r
--any-damage, ,
-per-a r .
of any.
y.,� —agati ncr—aka. _ ,e m , ^ ate,
.1.�,.a{a},�•.�..r egg -1, - -
-against the T_a=T.nRn a : in
14. RANKRCIPTOY. .FTC', t In the event the TENA14T shall be
adjudicated a bankrupt or insolvent or take the benefit of any
federal reorganization or composition proceeding or make a general
assignment for the benefit of its creditors or take the benefit of
any insolvency law, or if the TENAN'T'D leasehold interest under
r,his Leases shall be sold under any execution or process of law, or
it a trustee in bankruptcy or a receiver be appointed or elected
for the TENANT and such trustee or receiver shall not be discharged
within thirty (34) days after such appointment or election, or if
said premises shall be abandonod or deserted, or if the TENANT
shall fail to perform any of the covenants or conditions of /this
Lease on its part to be performed, or if this Lease or the' ,term
thereof shall be transferred or shall pane to or devolve upon any
person, firm, officer or corporation other than the TENANT except
in the manner otherwise herein provided, then and in any of such
events this Lease and the terms hereof shall, at the LMMLORDt S
option, terminate and end fifteen (15) days after LANDLORD shall
give to the TENANT notice of such act, condition or default, in
which event TENANT shall, immediately qui.r, and surrender t3ai.d
premib es to LANDLORD; notwithstanding the Eoregoing, however,
nothing set forth herein shall operate to impair or affect the
LANDLORD'S right to maintain summary proceedings for the recovery
of possession of the demised premises in all cases provided by law.
zf the term of this Tease shall be so terminated, LANDLORD may
immediately or at any time thereafter re-enter or re -possess the
DEMISED PREMISES and remove all persons and property therefrcm
without being liable for trespass or damages.
15. ENTRY By ,n n n. The LANDLORD, or any of its agents, shall,
have the right to enter said premises during all reasonable hours, ,+-
ti.. —;rg44•_ir%nq clr f�rrl'ss
alterations as may be deemed necessary for, the safety, comfort or
preservation thereof, or of said -building, car to exhibit said
premises and to pijr. or, keep upon the dnnrn or windows thereof a
nati.oe "FUR RENT" at any time within thirty (30) days before the
expiration of this lease. The TENANT acknowledges and agrees that
it will not place any signs or designations of any nature
whatsoever on the doors of the premises which are the subject
matter of this lease without the permission of the LANDLORD. The
right- of entry shall likewise exist for the purpose of removing
placards, signs, advertisements, fixtures, alterations or additions
which do not conform to this Lease Agreement, or to the rules and
regulations of the OFFICE SPACE, and for the purpose of working oii
adjacent rental space.
16, ON OF P,FEPMTSF.R,I, TENANT hereby accept9 the premises in
the condition in which the same exist as of the date of execution
of this Lease and agrees to maintain said promisee in the same
condition, order and repair, excepting only reasonable wear and
tear arising from the use thereof under this Lease, and to make
good to said LANDLORD innnediately upon demand, any damage to water
apparatus, or electric lights, or any fixtures, appliances or
appurtenanaes of said premises, or of the building, Caused by any
act or neglect of the TENANT, or of any person or persons in the
employ or under control of the TENANT,
17. DE,g'RUCTION OF DEMISED _ g}ZMza .G In the event the DEMISED
PREMISES shall be destroyed or so damaged by fire or other casualty
daring the term, of this Leave so that the same shall be zendered
unteriantable, thy: LANDLORD shall have the right to render said
premises tenantable by repairs within ninety (9o) days from the
date Of such destruction or damage. If said premises are not
rendered tenantable within said time, either party shall, h,avc the
right to cancel this Lease by serving written notice by certified
or registered mail, return receipt requested, upon the other party,
in which event the rent payable hereunder shall abate as of the
date of such fire or other- casualty.
18. WATIUM., The failure of the LANDLORD to insist upon the strict
performance of any of the conditions, covenants, terms, or
provisions of this Lease, or to exercise any option herein
conferred, shall not be considered or construed as waiving or
relinquishing for the future any such conditions, covenants,
terms, provisions or options, but the same shall continue and
remain in full force and effect. The receipt of any sum paid by
the TENANT to the LANDLORD after breach of any condition, covenant,
term or provision herein. contained shall not be deemed a waiver -of
such breach, but shall be taken, considered and construed as
payment for use' and occupation, and not as rent, unless such breach
shall be expressly waived in writing by the LANDLORD.
19. QLJIRT MPM .N'r, Upon paying the rents herein reserved and
performing and observing all of the other terms, covenants and
conditions of this Lease on the TENANT'S part to be performed and
observed hereunder, TENANT shall peaceably and quietly have, hold
and enjoy the MMIS8P PREMISES during the term hereof, subject,
nevertheless, to the terms of this Lease and to any mortgages,
ground or underlying leases, agreements and encumbrances to which
this Lease is or may be subordinate. 9 _ 1 5-3
SENT BY:COM PLAN REWASSET MGM; 4-25-86 ; 4:26PM ; CITY OF MIAN11- CITY MANAGER'S OFF.410/12
contained ill Lhic lease, it is mutually covenanted and agreed that
the LANDLORD shall have the right from time to time during the term
of this Lease, and any and all extensiQaw and renewals- tbareot, to
Promulgate Kuch reasonable rules and regulations deemed by it to be
necessary for the reasonable safety, care, cleanliness and orderly
management of the premises, and for the preservation of good order
therein. Any failure on the part qC the TWANT to comply with each
and every term of this Lease nr with any of said rules anti
regulations hereafter promulgated, as aforesaid, shall at
LANDLORD'S option, work a forfeiture of this Lease and of all
rights of TENANT hereunder; and thereupon the LANDLORD, its agents
or attorneys, shall have the right to re-enter said premises and
remove TENANT therefrom, and to take all necessary steps to collect
any rents due hereumder up to the time of said forfeiture or
cancellation.'
21, MITY:. If any provision of this Lease or the
application thereof to any person or circumstances shall to any
extent be held invalid, then the remainder of this Lease or the
application of such provision to persons or circumstances other
than those as to which it is held invalid shall not be effected
thereby, and each provision of this Lease shall be valid and
enforced to the fullest extent permitted by law.
22. RIGHTS RESERV9D TO LANDLORD_ LANDLORD hereby reserves the
following rights, (a) to change the name or street address of the
DEMISED PREMISSS without notice or liability to TENANT; (b) to
decorate, remodel, repair, alter or otherwise prepare the premises
for re -occupancy during the last sixty (60) days of the term or any
part thereof if, during or prior to that time, TENANT shall vacate
the premises; (e) to possess pass keys to the DEMISED PREMISES
throughout the term hereof; (d) to grant to anyone the exclusive
right to conduct any particular business or undertaking in the
OFFICE SPACE in which the DEMISED PREMISES are located; (e) to
enter the DEMISED kREMISES at all reasonable hours for the purpose
of making such inspections, repairs, alterations or additions to
the DEMISED PREMISES as may be necessary and appropriate; (f) to
exhibit the DEMISED PREMISES to others; (g) to display "For Rent"
signs; (h) to designate such separate parking areas as exclusively
or primarily £or use by employees of the TENANT and other tenarite
of the OFFICE SPACE; and (.i) to enter for any purpose whatsoever
related to the safety, protection, preservation or improvement of
the DEMISED PREMISES or the OFFICE CENTER in which the same'ahall
be a part, or the LANDLORD'S interest therein, without being deemed
guilty of a constructive eviction or disturbance of TENANTS use
and possession and without being liable in any manner therefor to
TENANT,
23. • TIME _Op THE FS-SnNCT-11- It is understood acid agreed by and
between the parties hereto that time shall be of the essence as to
all of the terms and provisions of this Lease.
�4• SUSO nTNATTnN: TENANTS rights hereunder shall be subject and
subordinate to any bona fide mortgage which shall now or hereafter
encumber the damised premises and to all renewals, modifieataons,
consolidations, replacements and extensions thereof; TENANT agr[%es
to promptly execute any and all inBtruments requested by ),.ANJULORD
for such subordinat;ione, and TENANT hereby constitutes and appoints
LANDLORD as its attorney -in -fact to execute any s cert'fmicAte or --
:�
SENT BY:COM PLIN REV/ASSET MGM; 4-25-96 ; 4:27PNI
CITY OF M I AM i -i t < 11 MAIN-1-11 +•
LANDLORD shall at any time during the term of this Lease default in
the payments due on any mortgage encumbering the above -described
premises, th4a and in that event the TENANT shall have the rigi+t,
privilege anti option to pay the rent and any other sums due to the
LANDLORD hereunder directly to t-he mortgagee, in which event the
TENANTS tenancy shall net be disturbed so long as the TENANT shall
not otherwise be in default of any of the provisions of this Lease.
2S. •r N : TENANT shall, not exhiilit, inscribe, paint. or affix any
sign, advertisement, notice or other lettering on any part of the
outside of the DEMISED PREMISES or the building or the OFFICE SPACE
of which the DEMISED 11REMrSES shall constitute a part, or inaide
the DEMISED PREMISES if the same shall be vinible from the outside,
without firstrobtaining LANDLORDIS prior specific written approval
thereof. TENANT further agrees to maintain each and every such
sign, lettering or the like as may be approved by the LAMLORn in
good condition, working order and repair at all times. With
respect to such signs, lettering or the like, TENAM whall submit
in writing to LANDLORD for its approval the name of the person,
firm or entity proposed by TENANT for the manufacture and
installation of the same, all of which shall be accomplished at the
TENANT'S sole cost and expense,
26. ENTIRE AGREEMENT; This Lease contains the entire Agreement
between the parties hereto and may not..be altered, modified or
rescinded except by subsequent agreement in writing digned by the
LANDLORD and TENANT with the same formalities ae applicable to this
lease, No surrender of the DEMISED PREMISES or of the remainder of
the term of this Lease shall be deemed valid unless accepted by the
LANDLORD in writing. Thia Lease and each of the terms, covenants,
conditions and provicione hereof shall be binding upon and shall
inure to the benefit of each of the parties hereto and their
respective heirs, executors, personal representatives, auccessore
and assigns.
27. b� yF E OPTIQNi is $ 5,700.00 per annum, payable in equal
installments at the rate of $ 475.00 per month, plus applicable
Florida sales, use, or rental tax.
IN WYTri86S WIMRSOY, each of the parties has caueed this .Lease
to be executed in appropriate manner and their respective seals to
be affixed on the day and year first above written.
signed, Sealed and Delivered
in the presence of:
As to the LANDLORD
As to the TENANT
CASTLE -MOUNT REALTY & mA14Ag0MNT
(LANDLORD)
BY : , r..w�r�
Martin h�. SehXoeb g,
President M-tU F-k: -
BY:
TENANT 9 6— 153
r
ATTEST:
by:_
APPROVED AS TO FORM AND
CORRECTNESS;
A. Quinn Jonas III
City Attorney
CITY OF MIAMI, a municipal
corporation of the state of Florida
Cesar H. Odio
City Mallager
96 - 153
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO : Honorable ayor and Members of DATE : February 27, 1996 FILE
the C' ommission
SUBJECT : Pocket Item - Edgewater
CesPolice Mini -Station
ar H. Odio
FROM City Manager REFERENCES:
ENCLOSURES:
At the January 25th, 1996 City Commission meeting, the City Commission accepted a
donation of $900.00 towards the rental payment of a lease in the Edgewater area for a
Police Mini -Station. As instructed by the City Attorney's Office, attached for your
review is a draft lease agreement for Commission approval.
cc: Agenda Office
35- 153
THIS LEASE AGREEMENT, made and entered into this 1st day
of February , 1996, by and between CASTLE -MOUNT REALTY &
MANAGEMENT, a Florida corporation, hereinafter referred to as the
"LANDLORD," and The City of Miami , hereinafter referred to as
the "TENANT".
THE LANDLORD, in reliance upon and in consideration of the
rents, representations, covenants and conditions herein contained
on the part of the TENANT, hires and takes of and from the LANDLORD
for the term, and upon the promises and conditions hereupon set
forth and subject to any rules and regulations that may hereinafter
be promulgated during the terms hereof by the LANDLORD, certain
space _ 2415 Biscayne Boulevard hereinafter referred to as the
"OFFICE SPACE", located in Dade County, Florida, which certain
space is hereinafter identified and shall hereinafter be referred
to as the "DEMISED PREMISES".
1. BASIC LEASE PROVISIONG AND DEFINITIONS: In addition to the
other terms which are elsewhere defined in this Lease, the
following whenever used in this Lease shall have the meanings set
forth in this Paragraph, and only such meanings, unless such
meanings are expressly contradicted, limited or expanded elsewhere
herein:
(a) LANDLORD'S mailing address: CASTLE -MOUNT REALTY & MANAGEMENT
P.O. Box 22-2123
Hollywood, Florida 33022
(b) DEMISED PREMISES: 2415 Biscayne Boulevard
Miami, Florida 33137
Approximate rentable square footage: 500 square
feet.
(c) TENANTIS trade name: City of Miami
(d) Term: One (1) year
(e) Commencement date: February 1, 1996
(f) Termination date: January 31, 1997
(g) Option periods (Par.4): One year option (Payment outlined in
Section 27.)
(h) Minimum rent: $ S,400.00 per annum, payable in equal
installments at the rate of $ 450.00 per month, plus applicable
Florida sales, use, or rental tax. All payments to be made to the
LANDLORD on the first day of each and every month in advance
without demand at the office of CASTLE -MOUNT REALTY, or at such
other place and to such other person as LANDLORD may from time to
I
(i) Security Deposit (Par. 5): $ 900.00 (two months)
(j) Permitted Use (Par. 6): Police Mini Station
2. MINIMUM RENT: TENANT agrees to pay to LANDLORD without demand
and without set-off or deduction, the minimum rent, payable in
advance in equal monthly installments on the first day of each and
every calendar month throughout the term hereof. In the event the
commencement date of the term of this Lease shall be other than the
first day of any calendar month, the minimum rent for the portion
of the initial month shall be prorated on a daily basis. If any
portion of the minimum rent, or any sums due and owing on account
of rental adjustments, as hereinafter provided, shall remain unpaid
for more than five (5) days after the same shall become due,
LANDLORD shall be entitled to a late charge equal to ten (10%)
percent of the amount of such overdue payment. In the event any
check tendered by TENANT in payment of the minimum rent or any
other sum due and payable by the TENANT pursuant to the further
provisions of this Lease shall thereafter be dishonored, LANDLORD
shall thereafter have right, upon written notice to TENANT, to
require TENANT to pay all future sums to LANDLORD in cash or by
cashier's check, and TENANT'S failure to do so shall constitute an
event of default hereunder.
3. OPTION PERIODS: In the event TENANT has been provided any
options to renew above, then for each option period, all of the,,
terms, provisions, covenants, conditions and obligations of this
Lease pertaining to the original term, except as to the amount of
minimum rent, shall automatically apply to each option period.
Each option period shall be predicated upon TENANT having exercised
the immediately preceding option period and conditioned upon TENANT
not being in default under the original term or for any option
period term preceding the option period being exercised. The
TENANT shall exercise each option herein granted, if any, and if at
all, by giving to the LANDLORD written notice of TENANT'S election
to do so at least sixty (60) days prior to the commencement of such
option period.
For and during each option period, the minimum rent for which the
TENANT shall be obligated shall be equal to the minimum rent
payable during the initial term of this Lease, as more specifically
provided in Paragraph 1(h) hereof.
4. SECURITY: TENANT has deposited with LANDLORD the security
deposit referred to in Paragraph 1 (j) hereof, as and for a
security deposit to insure the TENANT'S faithful performance of the
terms, covenants and conditions of this Lease. Provided that the
TENANT shall deliver up possession of the.DEMISED PREMISES to the
LANDLORD at the termination of this Lease in the same condition as
originally provided herein, ordinary wear and tear excepted,
LANDLORD shall refund to TENANT the amount of said security
deposit, less the amount of any sums required to be retained by the
LANDLORD as compensation for damages to the DEMISED PREMISES
occasioned by the TENANT'S breach of any of the terms, covenants
and provisions hereof. �..{
5. PERMITTED USE: The TENANT covenants that said premises shall
be used and occupied solely by the TENANT and TENANT'S employees
and only for the purpose of conducting the lawful business of the O�
TENANT, as set forth herein and for no other purpose whatsoever.
The TENANT further covenants and agrees that said premises shall
not be used for any illegal or immoral purposes whatsoever.
6. ASSIGNMENT AND S B- ETTT14-Ge TENANT shall not assign this
Lease, nor sub -let the premises, or any part thereof, nor use the
same or any part thereof, nor permit the same, or any part thereof,
to be used for any other purpose than as above stipulated, nor make
any alterations therein or additions thereto without the prior
written consent of the LANDLORD being first had and obtained. In
this connection, LANDLORD agrees that such consent shall not be
unreasonable withheld or delayed.
7. TENANT'S PERSONU PROPERTY: All personal property placed or
moved in the premises above described shall be at the risk of the
TENANT or owner thereof and LANDLORD shall not be liable for any
damage to said personal property, or to the TENANT, arising from
the bursting or leaking of any water pipes or from any act of
negligence of any co -tenant or of any other person whomsoever.
8. REPAIRS AND MAINTENANCE:
(a) LANDLORD shall not be required to make any repairs or
improvements of any kind upon or to the DEMISED PREMISES, except
for the necessary repairs to the roof and structural repairs to the
e>;terior of the building in which the DEMISED PREMISES forms a
part, unless the necessity for any of such repairs to the roof or
structural repairs to the exterior of the building shall have been
occasioned by any act, omission or negligence of the TENANT, or any
subtenant, concessionaire or licensee of TENANT, or their
respective employees, agents, invitees or contractors, in which
event TENANT agrees to make such repairs at its own cost and
expense.
(b) Subject to the provisions of sub -paragraph (a) of this
Paragraph, TENANT agrees, at its own cost and expense, to keep and
maintain the DEMISED PREMISES and each and every part thereof in
good order and condition ant to make all repairs and replacements
thereto, structural or otherwise, and the fixtures and equipment
therein and the appurtenances thereto, including, without limiting
the generality of the foregoing, the exterior and interior windows
and window frames, doors and door frames, entrances, storefronts,
signs, showcases loor coverings, interior walls, columns and
partitions, and t e A- —'_, he tong.& a g,
qu4ji.., iV , fixtures and facilities serving the DEMISED PREMISES.
14— heating- and air eendirt-i—
D
.II11 nRR�rTL'. v/l\J'1 iie � P'. ('1T1� •L• •^_ •_11 F1 �••Cy\'f .', (.P {- i•n
All glass, both interior and exterior,
shall, be at the sole risk of the TENANT, which agrees to replace at
its own expense any glass broken during the term of this Lease.
9. ALTERATIONS: TENANT shall make no alterations, additions,
installations, substitutions, improvements or decorations in or to
the DEMISED PREMISES without the prior written consent of LANDLORD, M
which consent shall be subject to and upon such terms and
conditions as LANDLORD may require and stipulate in such consent, e�
including, without limitation, (a) physical and spatial
limitations, (b) governmental approvals, (c) payment, (d) bonding,
(e) indemnification, (f) liens, and (g) designation of approved
r'nntrar-tnrS and subcontractors. All additions, fixtures or
__- wnich may be made by TENANT, except movable office
=urniture, shall become the property of LANDLORD and remain upon
the premises as a part thereof, and shall be surrendered with the
premises at the termination of the Lease.
10. UTILITIES:_ TENANT shall, at its own cost and expense, be
responsible for the payment of all waste removal charges and for
the installation and maintenance of all utilities services and
meters in connection therewith, together with the payment of all
periodic charges when due for electricity, water and any and all
other utility charges incurred in the use of the DEMISED PREMISES,
11. INSURANCE: (a) TENANT agrees to secure and to keep in force
and effect, at its own cost and expense, from and after the date
LANDLORD shail deliver possession of the DEMISED PREMISES to
TENANT, and throughout the term of this Lease, the following
insurance coverage:
(i) Comprehensive general liability insurance, on an
occurrence basis, with minimum limits of liability in the amount of
$300,000.00 for bodily injury, personal injury or death to one (1)
or more persons, and property damage, including water damage and
sprinkler leakage legal liability, in an amount of no less than
$100,000.00. TENANT shall, at its own expense, cause to be
excluded from such liability insurance policy the "Care,. Custody
and Control" exclusion;
(ii) "All risks" coverage insurance (including, but not
limited to extended coverage, vandalism and malicious mischief), in
an amount adequate to cover the full replacement value of all
fixtures and contents in the DEMISED PREMISES;
(iii) Plate glass insurance covering all plate glass in the
DEMISED PREMISES, if applicable;
(b) All Comprehensive General Liability insurance to be procured
by TENANT shall be issued in the names and for the benefit of
LANDLORD, its designee(s) and TENANT by one or more responsible
insurance companies satisfactory to LANDLORD and licensed to do
business in the State of Florida. TENANT agrees to deliver to
LANDLORD Certificates or Memoranda of Insurance of all policies of
insurance to be procured by TENANT within ten (10) days of the
inception of such policies and, at least ten (10) days prior to the
expiration of any such policy, TENANT shall deliver to LANDLORD
Certificates or Memoranda of Insurance evidencing the renewal
thereof. The minimum limits of any insurance coverage to be
maintained by TENANT hereunder shall not limit TENANT'S liability
under the terms of this Lease.
(c) TENANT shall not stock, use or sell or permit or suffer to be
stocked, used or sold any article or do anything in or about the
DEMISED PREMISES which may be prohibited by or violate any of
LANDLORD'S insurance policies or the rules and regulations of the
Fire Insurance Rating Organization having jurisdiction or any
similar body, or which will increase any insurance rates and
premiums on the DEMISED PREMISES or the OFFICE SPACE. If as a
i
result of the same, the insurance rates applicable to any policies
of insurance carried by LANDLORD covering the OFFICE SPACE or the
rental income to be derived therefrom shall be increased, TENANT
agrees to pay LANDLORD within ten (10) days -after LANDLORD'S
written demand therefore, as additional rent hereunder, the entire
portion of the premiums for said insurance which shall be
attributable to such higher rates. if any such insurance carried
by LANDLORD shall be canceled by the insurance carrier as a result
of any of the aforementioned acts or omissions of TENANT or anyone
claiming by, through or under TENANT, TENANT agrees to indemnify
and hold LANDLORD harmless from all damages, costs and expenses
which LANDLORD may sustain by reason thereof.
12. DEFAULT: In the event TENANT shall (a) vacate or abandon the
DEMISED PREMISES at any time when a portion of the total rental
remains due or unpaid, or in the event of nonpayment of any rent
provided for in this Lease, or (b) in the event of any non -monetary
breach of any,;of the conditions, stipulations or covenants by the
TENANT, as set forth in this Lease, and said non -monetary default
shall continue or exist for a period of fifteen (15) days after
written notice of said default has been given to TENANT by
LANDLORD, TENANT'S rights to the possession of the DEMISED PREMISES
shall constitute an unlawful detainer of the DEMISED PREMISES, and
the TENANT shall forthwith'become a TENANT at sufferance. In the
event that this Lease shall be terminated as herein provided, or by
summary proceedings, otherwise, the LANDLORD shall, at is option,
have the right to immediately re-enter, retake and take possession
of the DEMISED PREMISES, and declare said term and lease ended and
to -expel and remove TENANT and each and every person in or upon
said DEMISED PREMISES and appurtenances which have become permanent
become permanent fixtures, shall thereupon automatically become
terminated and forfeited; then in such case, all the right, estate
and interest of the TENANT in and under this Lease and in the
DEMISED PREMISES hereinbefore described, and all improvements then
situated in and upon said DEMISED PREMISES, together with all
rents, issues and profits of said premises and the improvements
thereon, and together with the security deposit, any advanced
rental required to be paid herein, whether then accrued or to
accrue, shall, without any compensation made therefor to the
TENANT, at once pass to and become the property of LANDLORD, not as
a penalty or forfeiture but as liquidated damages that will be
sustained by LANDLORD in consequence of such default; and the
parties, desiring to obviate any question or dispute concerning the
amount of damages and the cost and effect of such default, in
consequence of such forfeiture, have taken these elements into
consideration in fixing and agreeing upon the amount of rent to be
paid by TENANT to LANDLORD. This right and procedure may be
exercised at the option of LANDLORD. However, LANDLORD may, at its
option, re-enter and retake possession of the DEMISED PREMISES as
agent of TENANT and for the protection of the DEMISED PREMISES, and
offer the DEMISED PREMISES for rent as agent for TENANT. In the
event LANDLORD is able to re -rent the DEMISED PREMISES for a
monthly rental less than the amount stipulated herein, or for a
term shorter than the remaining term hereof, TENANT shall remain
liable for any shortage of rental income over and above the amount
realized on a re -rental or for any period hereof.
TENANT pledges and assigns to LANDLORD, as security for the
payment of the rents provided herein, all furniture, fixtures,
goods, wares, chattels and merchandise of TENANT which may be
brought upon the DEMISED PREMISES and agrees that LANDLORD'S lien
for the payment of said rent may be enforced by distress,
foreclosure or otherwise, at the option of LANDLORD.
In the event TENANT shall default in the performance of any of
the terms, covenants, agreements or conditions contained in this
Lease and LANDLORD shall be required to retain the services of an
attorney to enforce the provisions hereof, whether suit be brought
or not, TENANT agrees to pay LANDLORD the latter's reasonable
attorneys' fees and all court cost, if any, incurred therein.
T T.TT1 MTt7 L.Tl7T T!'1TT llC T TT.TTIT /lD t1. TL`1.TT ATT_ .� �� Ll �+ f'^
7 agaiaGr.
any and etil I damage,
-r=se e—be—efeteel againsttBLBf�B by—axy—pser3---�n--o=
the e e f
Of tile iANT —ez its —servants, -a ,
ettstemers ar invitees, ent open e
regulatlens; that LMIDLGRD shall net be liable to the TENANT fur
-pereen, firm er eqEperatien, and TENANT will indemnify EEWBEE)RD a
t_: *he LANDLORD and he in €aver e€ any fir' -se firm
ny_g;aQh person, firm Gr Gor-per-atign, wherce said injur-y er damage
ire„
14. BANKRUPTCY, ETC.: In the event the TENANT shall be
adjudicated a bankrupt or insolvent or take the benefit of any
federal reorganization or composition proceeding or make a general
assignment for the benefit of its creditors or take the benefit of
any insolvency law, or if the TENANT'S leasehold interest under
this Lease shall be sold under any execution or process of law, or
if a trustee in bankruptcy or a receiver be appointed or elected
for the TENANT and such trustee or receiver shall not be discharged
within thirty (30) days after such appointment or election, or if
said premises shall be abandoned or deserted, or if the TENANT
shall fail to perform any of the covenants or conditions of this
Lease on its part to be performed, or if this Lease or the term
thereof shall be transferred or shall pass to or devolve upon any
person, firm, officer or corporation other than the TENANT except
in the manner otherwise herein provided, then and in any of such
events this Lease and the terms hereof shall, at the LANDLORD'S
option, terminate and end fifteen (15) days after LANDLORD shall
give to the TENANT notice of such act, condition or default, in
which event TENANT shall immediately quit and surrender said
premises to LANDLORD; notwithstanding the foregoing, however,
nothing set forth herein shall operate to impair or affect the
LANDLORD'S right to maintain summary proceedings for the recovery
of possession of the demised premises in all cases provided by law.
If the term of this Lease shall be so terminated, LANDLORD may
immediately or at any time thereafter re-enter or re -possess the
DEMISED PREMISES and remove all persons and property therefrom
without being liable for trespass or damages.
15. ENTRY BY LANDLORD: The LANDLORD, or any of its agents, shall
have the right to enter said premises during all reasonable hours,
to examine the same or to make such repairs, additions or
M
Lll�
alterations as may be deemed necessary for the safety, comfort or
preservation thereof, or of said -building, or to exhibit said
premises and to put or keep upon the doors or windows thereof a
notice "FOR RENT" at any time within thirty (30) days before the
expiration of this lease. The TENANT acknowledges and agrees that
it will not place any signs or designations of any nature
whatsoever on the doors of the premises which are the subject
matter of this lease without the permission of the LANDLORD. The
right of entry shall likewise exist for the purpose of removing
placards, signs, advertisements, fixtures, alterations or additions
which do not conform to this Lease Agreement, or to the rules and
regulations of the OFFICE SPACE, and for the purpose of working on
adjacent rental space.
16. CONDITION OF PREMISES• TENANT hereby accepts the premises in
the condition in which the same exist as of the date of execution
of this Lease and agrees to maintain said premises in the same
condition, order and repair, excepting only reasonable wear and
tear arising from the use thereof under this Lease, and to make
good to said LANDLORD immediately upon demand, any damage to water
apparatus, or electric lights, or any fixtures, appliances or
appurtenances of said premises, or of the building, caused by any
act or neglect of the TENANT, or of any person or persons in the
employ or under control of the TENANT.
17. DESTRUCTIOIJ OF DEMISED PREMISES: In the event the DEMISED
PREMISES shall be destroyed or so damaged by fire or other casualty
during the term of this Lease so that the same shall be rendered
untenantable, the LANDLORD shall have the right to render said.
premises tenantable by repairs within ninety (90) days from the
date of such destruction or damage. If said premises are not
rendered tenantable within said time, either party shall have the
right to cancel this Lease by serving written notice by certified
or registered mail, return receipt requested, upon the other party,
in which event the rent payable hereunder shall abate as of the
date of such fire or other casualty.
18. WAIVER: The failure of the LANDLORD to insist upon the strict
performance of any of the conditions, covenants, terms or
provisions of this Lease, or to exercise any option herein
conferred, shall not be considered or construed as waiving or
relinquishing for the future any such conditions, covenants,
terms, provisions or options, but the same shall continue and
remain in full force and effect. The receipt of any sum paid by
the TENANT to the LANDLORD after breach of any condition, covenant,
term or provision herein contained shall not be deemed a waiver of
such breach, but shall be taken, considered and construed as
payment for use and occupation, and not as rent, unless such breach
shall be expressly waived in writing by the LANDLORD.
19. QUIET ENJOYMENT: Upon paying the rents herein reserved and
performing and observing all of the other terms, covenants and
conditions of this Lease on the TENANT'S part to be performed and icy
observed hereunder, TENANT shall peaceably and quietly have, hold
and enjoy the DEMISED PREMISES during the term hereof, subject,
nevertheless, to the terms of this Lease and to any mortgages, I
ground or underlying leases, agreements and encumbrances to which
this Lease is or may be subordinate.
70. RULES ANDREGULATIONS_ In addition to the several covenants
contained in this lease, it is mutually covenanted and agreed that
the LANDLORD shall have the right from time to time during the term
of this Lease, and any and all extensions and renewals thereof, to
promulgate such reasonable rules and regulations deemed by it to be
necessary for the reasonable safety, care, cleanliness and orderly
management of the premises, and for the preservation of good order
therein. Any failure on the part of the TENANT to comply with each
and every term of this Lease or with any of said rules and
regulations hereafter promulgated, as aforesaid, shall at
LANDLORD'S option, work a forfeiture of this Lease and of all
rights of TENANT hereunder; and thereupon the LANDLORD, its agents
or attorneys, shall have the right to re-enter said premises and
remove TENANT therefrom, and to take all necessary steps to collect
any rents due hereunder up to the time of said forfeiture or
cancellation:
21. PARTIAL INVALIDITY• If any provision of this Lease or the
application thereof to any person or circumstances shall to any
extent be held invalid, then the remainder of this Lease or the
application of such provision to persons or circumstances other
than those as to which it is held invalid shall not be affected
thereby, and each provision of this Lease shall be valid and
enforced to the fullest extent permitted by law.
22. RIGHTS RESERVED TO LANDLORD: LANDLORD hereby reserves the
following rights: (a) to change the name or street address of the
DEMISED PREMISES without notice or liability to TENANT; (b) to
decorate, remodel, repair, alter or otherwise prepare the premises
for re -occupancy during the last sixty (60) days of the term or any
part thereof if, during or prior to that time, TENANT shall vacate
the premises; (c) to possess pass keys to the DEMISED PREMISES
throughout the term hereof; (d) to grant to anyone the exclusive
right to conduct any particular business or undertaking in the
OFFICE SPACE in which the DEMISED PREMISES are located; (e) to
enter the DEMISED PREMISES at all reasonable hours for the purpose
of making such inspections, repairs, alterations or additions to
the DEMISED PREMISES as may be necessary and appropriate; (f) to
exhibit the DEMISED PREMISES to others; (g) to display "For Rent"
signs; (h) to designate such separate parking areas as exclusively
or primarily for use by employees of the TENANT and other tenants
of the OFFICE SPACE; and (i) to enter for any purpose whatsoever
related to the safety, protection, preservation or improvement of
the DEMISED PREMISES or the OFFICE CENTER in which the same shall
be a part, or the LANDLORD'S interest therein, without being deemed
guilty of a constructive eviction or disturbance of TENANT'S use
and possession and without being liable in any manner therefor to
TENANT.
23. TIME OF THE ESSENCE: It is understood and agreed by and
between the parties hereto that time shall be of the essence as to
all of the terms and provisions of this Lease.
24. SUBORDINATION: TENANT'S rights hereunder shall be subject and
subordinate to any bona fide mortgage which shall now or hereafter
all
encumber the demised premises and to all renewals, modifications,
,..�
consolidations, replacements and extensions thereof; TENANT agrees
to promptly execute any and all instruments requested by LANDLORD
for such subordinations, and TENANT hereby constitutes and appoints
LANDLORD as its attorney -in -fact to execute any such certificate or
17�
certificates for and on behalf of the TENANT. In the event the
LANDLORD shall at any time during the term of this Lease default'in
the payments due on any mortgage encumbering the above -described
premises, then and in that event the TENANT shall have the right,
privilege and option to pay the rent and any other sums due to the
LANDLORD hereunder directly to the mortgagee, in which event the
TENANT'S tenancy shall not be disturbed so long as the TENANT shall
not otherwise be in default of any of the provisions of this Lease.
25. ,SIGNS: TENANT shall not exhibit, inscribe, paint or affix any
sign, advertisement, notice or other lettering on any part of the
outside of the DEMISED PREMISES or the building or the OFFICE SPACE
of which the DEMISED PREMISES shall constitute a part, or inside
the DEMISED PREMISES if the same shall be visible from the outside,
without first,,, obtaining LANDLORD'S prior specific written approval
thereof. TENANT further agrees to maintain each and every such
sign, lettering or the like as may be approved by the LANDLORD in
good condition, working order and repair at all times. With
respect to such signs, lettering or the like, TENANT shall submit
in writing to LANDLORD for its approval the name of the person,
firm or entity proposed by TENANT for the manufacture and
installation of the same, all of which shall be accomplished at the
TENANT'S sole cost and expense.
26. ENTIRE AGREEMENT: This Lease contains the entire Agreement
between. -the parties hereto and may not be altered, modified or
rescinded except by''subsequent agreement in writing signed by the
LANDLORD and TENANT with the same formalities as applicable to this
lease. No surrender of the DEMISED PREMISES or of the remainder of
the term of this Lease shall be deemed valid unless accepted by the
LANDLORD in writing. This Lease and each of the terms, covenants,
conditions and provisions hereof shall be binding upon and shall
inure to the benefit of each of the parties hereto and their
respective heirs, executors, personal representatives, successors
and assigns.
27. ONE YEAR OPTION: is $ 5,700.00 per annum, payable in equal
installments at the rate of $ 475.00 per month, plus applicable
Florida Sales, use, or rental tax.
IN FATNESS WHEREOF, each of the parties has caused this Lease
to be executed in appropriate manner and their respective seals to
be affixed on the day and year first above written.
Signed, Sealed and Delivered
in the presence of:
CASTLE -MOUNT REALTY & MANAGEMENT
(LANDLORD)
BY:
As to the LANDLORD
Martin W. Schlosberg,
President
BY:
As to the TENANT TENANT
:TJ
Tenant Information: