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HomeMy WebLinkAboutR-94-0158- 1 ' J-94-224 1 3/16/94 94 RESOLUTION NO. 158 A RESOLUTION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO ENTER INTO A LEASE AGREEMENT, IN SUBSTANTIALLY THE -ATTACHED FORM, WITH THE STATE `OF FLORIDA DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, FOOD STAMP PROGRAM, FOR THE LEASE OF 8,500 SQUARE FEET OF SPACE AND AS MORE PARTICULARLY DESCRIBED HEREIN, AT THE MANUEL ARTIME COMMUNITY CENTER, 970 SOUTHWEST FIRST STREET, MIAMI, FLORIDA, IN SUBSTANTIAL ACCORDANCE WITH THE TERMS AND CONDITIONS CONTAINED IN SAID LEASE AGREEMENT. i :WHEREAS the Manuel Artime Center, located at 970 Southwest First; Street, Miami, Florida, is a City -owned facility providing multipurpose services for the residents of Little Havana; and WHEREAS, on December 27, 1979, pursuant to Resolution No. 79-961, the _City Commission authorized the City Manager to enter into a Lease Agreement with the State of Florida Department k of Health and Rehabilitative Services, Food Stamp Program; and WHEREAS, the Food Stamp Program has serviced the Little Havana 'Community since 1980 in full compliance with itslease dated August'23, 1990; and WHEREAS, the aforementioned lease agreement has subsequently expired and a WHEREAS, the City of Miami was responsible for maintaining said air conditioning equipment; and CITY COMMISSION MEETING OF. MAR 2 4 1994 A"oiudon No, 94- 158 r I WHEREAS it is appropriate to reimburse the Food Stamp Program for such expenses; and WHEREAS, the Food Stamp Program is desirous of continuing use of said space in order to meet a continued need for the provision of said services to the low and moderate income residents of Little Havana; and WHEREAS, competitive bidding methods for the disposition of real property rights is not applicable when transferring such rights to the United States, or to any department or agency thereof, or to the State of Florida, or any political subdivision or agency thereof; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: 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 enter into a lease agreement, in substantially the attached form, with the State of Florida Department of Health and Rehabilitative Services, Food Stamp Program, for the lease of 5,500 square feet of space, plus the use of the auditorium during the first, second and third working day of each and every month throughout the term of the lease from 8:00 P.M. to 5:00 P.M., at the Manuel Artime Community Center, 970 Southwest First Street, Miami, Florida, in substantial accordance with the terms and conditions contained in said Lease Agreement. t 94-158 -2- i, j STATE OF FLOR1a� �.. DEPARTMENT OF GEI\..jRAL SERVICES KNIGHT BUILDING TALLAHASSEE, FLORIDA 32399 ZONE: 2 LEASE AGREEMENT NO.: 2475 THIS LEASE AGREEMENT, entered Into this day of , A, D., between ,ity of Miami (Municipal Corp.) party of the first part, hereinafter called the Lessor whose Federal Identlficatlon Number (F. E. I. D. or S. S.) is 59-60n375 a and the State of Florida Department of Health and Rehabilitative Services Division of District Eleven Bureau of party of the second part, hereinafter called the Lessee, WITNESSETH: That the Lessor, for and In consideration of the covenente and agreements hereinafter mentioned to be kept and performed by the Lessee, has demised and leased to the Lessee, for the term and under the conditions hereinafter set out, those certain premises In Miami 33130 Dade Florida, described as follows: (city) izip cedes ( nty) he Northwest sections consisting of 5,500 square feet of office space located on the �econd and third floor of the certain building located at 970 S.W. First Street, Miami, 'lorida 33130 (SEE EXHIBIT I ATTACHED HERETO) which shall constitute an aggregate area of 5,500 square feet of net rentable space measured In accordance with the Department of General Services' Standard Method of Snace Measurement at the rate of $ 14.27 per square foot per year; the Lessor shall also provide 10 parking spaces for the exclusive use of the Lessee as part of this lease agreement. I . TERM . . TO HAVE AND'TO HOLD the above described premises for a term commencing on the 1st day of March , 19-94 to and including the . 28 day of February , 1995. 11 RENTALS The Lessor hereby leases to the Lessee and the Lessee hereby leases from the Lessor the above described premises for the term set out in this lease and the Lessee agrees to pay the Lessor the sum of Six Thousand, Five Hundred, Forty and 42/100 S 6,540.42 ) per month for the rental period described in Article I of this lease. The rent for any fractional part of the first month shall be prorated. The rent shall be payable the month following the month of occupancy In accordance with Section 215.422, Florida Statutes. The rentals shall be paid to the Lessor at Attn: Finance Depa tment 300 Biscilype Blvd. av Suite 210 Miami 33131 ,naamq (City) RIP =61 • III HEATING, AIR CONDITIONING AND JANITOR SERVICES 1, a. The Lessor agrees to furnish to the Lessee heating and air conditioning equipment and maintain same in satisfactory operating condition at all times for the leased premises during the term of the lease at the expense of* the Lessor. b. The Lessor agrees to maintain thermostats in the demised premises at 68 degrees Fahrenheit during the heating season and 78 degrees Fahrenheit during the cooling season; and certifies that boilers therein have been calibrated to rmit the most efficient operation. The Lest agrees to furnish janitorial services and all necessary janitorial supplies for the leased premises during the term of a /lease at the expanse of the_)�XW.N. _Lessee. IV' LIGHT FIXTURES 1. a. The Lessor agrees to install in the demised premises light fixtures for the use of the Lessee. *b. The Lessor shall be responsible for replacement of all bulbs, lamps, tubes and starters used in such fixtures for the purpose of furnishing light. 2; The Lessor certifies that the lighting levels within the demised premises are maintained at and do not exceed the following levels: 10 footcandles in hall and corridors; 30 footcandles in other public areas; 50 footcandles In office, conference rooms, and other levels as set forth in the State Energy Management Plan, Volume II, Section F. V MAINTENANCE•AND REPAIRS 1. The Lessor shall provide for Interior maintenance and re airs in accordance with generally accepted good practices, Including repainting, b11eYt TAVET'6liKli1C143ii4X8t d6ti48 d6`48RM and repairs or replacement of interior equipment as may be necessary due to normal usage. The Lessee shall, during the term of this lease, keep the Interior of the demised premises in as good a state of repair as It is at the time of the commencement of this lease, reasonable. wear and tear and unavoidable casualties excepted. 2. The Lessor shall maintain and keep in repair the exterior of the demised premises during the term of this lease and shall be responsible for the replacement of all windows broken or damaged in the demised premises, ' except such breakage or damage caused to the exterior of the demised premises by the Lessee, its officers, agents or •employees, 3. The Lessor shall maintain the interior and exterior of the demised premises Including grounds 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 sybsequently be enacted during the term of this lease and any renewal periods. 4. The Lessor agrees to furnish pest control services for the leased premises during the term of the lease at the expense of the Lessor. •VI UTILITIES That the Lessor will promptly pay all gas, water, power and electric light rates or charges which may become payable during the term of this lease for the gas, water and electricity used by the Lessee on the premises; and If the lease is for 3,000 square feet or greater, separately metered for all energy and fuels which may be consumed by Lessee, alone, Lessor will provide Lessee; in a form and manner agreed upon, timely and accurate data on Lessee's monthly consumption or use of electricity, natural gas, LP gas and/or fuel oC, as. appropriate, pursuant to Section 255.957, Florida Statutes. • These are the only Articles In which the word "Lessor" can be changed to Lessee" by the Lessee without authorization from the Division of Facilities Management. (Rule 13hi•1.003 Florida Administrative Code) FM 4054 OtIl 0) 94- 158 VII INDICAPPED STANDARDS AND OL MATIO +t �L I. Lesaol;�"��e�s•ehtl{,t�c�lcrt�i�Gd`�.�'s�nt}1v ,�p��� � � ;hat soil! promised Aiall, at the Lessorra expense, lie brnughtintoconformancew t t erequ rementab ' dN,M'.S.,pruvidingre4uiremgnts, for tl\e{{p�iyieloally,handicapped. lelci..lt'lt3'tNq �Y 2, That the iJrsseu shall have the Agri to make any alterations in and to t�e derhised premtisea during the term of thisleak�. upon first having ubtgintA:the;written consent tbereto of the Lessor. The Lessor;ts}laII;not capriciously, withheld the consent to any such alterations. VIII-v)INJURY -OR DAMAGE TO PROPERTY ON PREMISESn .' 'vt'Irl;i itt•, n S'A l.J BtIIT That oil proporty of an ki4d.that may be on the premises during the continuancy of this lease shall be tit tAi'''stil'e'ri ktuf'thd-L'Adee; r>slid •excell'ti fop'Any 3nbgII jdBte of the Lessor; the Lessor Ahall nbt be ll§ble to the Lessee or any other person for any ,iniury,. loss or damagei t9,pr,operyy pr,.o,.p peral noinAth�( r)��n�sea. ,rlf . IX FiRE AND OTHER HAZARDS 1. In the event that the demised•promises', or the inejor part,thdicif; sie aestt��rryy��li b�9` ltlgitl dins' rm or other casualty, the Lessor at'its option may forthwith repair the damage to sucd4fRflit3 remises at its own the shall cease until the completion of such re airs an�l)tHl "�r will immediately cost and expense, The rentalp p ! refund the pro rate part of any rrntals paid in advance by the Behict drl8rtd atlehidestrtiCtibitprlhtftild•tRe pltemisas he only partly destroyed, ;+o that the major parvthoreof js usable by the Lessee, then the rental shall abate to the tend thdt e n ur d pr dulnu a ea s to l 1 fJ y s be roo,s%.g. rg,liy 1?h4,4e'LIesjs, gca,a�.spppediljg +uds. ,QS >sgtNS• t. t,�Kp. E+•1.e ahn ,k,�'�pP4.•�gl,�,,geFc, glilJdn?lreS ipnrs, Fo, '�syrl'c s•,r4e5 p, }ama a shallly Ar eMdental,hall commence anti the lease shad'then cont nue the balance of the term. 2,1`heLea�grahnl(,pigyid� for fi�c rglcltinn:d ' ing•4hertttmiof.14isilease Inlgecordancemithdtheifire snfeiy �tand�'tI?i of the Sluto Firo'b4§rshai, The LessodisAaU be respponsible for main tdndnce)anHaepitiaibf7allifire prt�tection equipmrnt,neu'. a.. to ronfoi m to the requirerrppents of,the State Fire Marshal, The.-tessor:agrees+that;6 the demmis ised prees shall bevailable for ini ion by the:State Fire Marshal,prior-to occupancy by the Lesseo,; and at any reasonable time theYeAftee. .bi •:•Ci ! 3. The i.essor certifies thpt no asbestos was used In the construction of the demised,premise oat if asb'esLtia'wff%geH^asilNoIR817e'b4yS�1i�61iY 1Nt c� to co�rect the hazNld§'Ea�4§ed'b 't1iU'u°AU?�f'A§Bdffsr� A i!, :r YT1 'trlr .t„ i, rlra•# '9P t,l?dt( _� �t+q r. IYJ 09JlGt)7^•9�A X EXPIRATION• bP fiERM ', 9t J ••,At the'expiitation.uf the.term-tWLessee wll1!peaeeably yieldmp totihe:•Lessor the rdemisedpremises in good and tenantable repairo it is understood and agreedd-between'ttie:•pahtie3that the•.I)essee shallrhavditlieixight . to remove from the premises all personal property of the Lessee and all fixtures, machinepyl' equipnlent, appurtenances and appjianaesplaced,or installed .on.thb;prenilses�bylti:proviftdlthe'Lessee lBtOFe3'Che premises to as ,good a state of repair as they were prior to the removal. i, v, hAM•. d yniba!_ni br•: •,! 91 , , rr,' _lo vab AI hbLETTING AND ASS]IENT' brdii,The Lla;see:upon the obtaining„of the„writteniCgnrsGgt of clie Lessor, ,tvj;ichtwMiVrh'�gns� t shahnot capriclouslyiie•witli----IR s)�all,hbisi the.Vgfie to,,su, 116v' l or;a)�yrpar(,of the demiged,premisg,�st &Itew�,�,&ign all or any part of the deRsied'piemises. XII'NbT'OONSENT4.O SUE , ' fiat is t 1 b , i r ,; e, +! h 1 t r 1 x! m4h i u e provisions; terms or conditions of this leasesl�all,nof i?eteor?sl ruer7 as a.consentrg,t�iel,�tatep, grids to be sued because'of said lease hold. 1N y,! :'rt. • . r t.,,! •• lrh •:!s•ir..:, s1i'f . �iulsJ XIII WAIVER OF DEFAULTS r; The waiver by the Lessor of any breach of t}iiatlease'bv the -Lessee -shall not be`construed u—A'Walver of any subsequent breach of any dutypr covenot imposed by�this+legse.l•, ),; .•;p:7 Fi. ,i)Y1f'1 t.,I I [lt XIV r"a :I�'I'dllT 10f LESSOR' TO•'II��PECT ;!'•'.'+( !, a. 1 ! ! 1 )5!!r).i ertT .a . t ,v �. Sr• JI ' "• r J r•• ,.,, j'11: 1G .+7r 'tf•IJUi n'linJ9Al. 17A�1r1 tfhe>:essor at reasonable times may enter info and upon the dumised premises for M pu oiiry+gtyin9 thrlsame,an�l,€A,C the purposeaf maki{lg anysuph repplrs as they,arelrequired to.make�underhe term this lease. IVIi. ! t 9i .,.•, "' ,„•.. •:�•1 :Sftl'I::1, ! 1,'..JI'!:, ' ,•nq••p •li 87 (-I'llfit5.'fi3d *�alJalSli 3fiJ XV 13'REAON'OF WV&ANT , tr,�) .. ! ! ! ri ndi It '1`•i 1 bn lntdMe n., e presQnts are u�or� th�;s SQnt3ltion, thal,,elCce�tq" ro�cl I;n ht� lease,, ff tie, sse,e hail neglect ,I, J pp t or NirTc) ert'o'rm or ob'sert'e any covenant herein Ioiite} r��, yjhic�i;P e` essgeg. ark �' fo Qe� gr g end suc.l>t.�je�aall,s�iull cof►tii}ue:for, a Pe loci of, thtrty,•,iaQ) dyhafteK,r ceip,p,wt,��en ggice�t gr(rpip the essor to the Llissee, then the L'dssoglaw ally;may;'#rtlii)etllAOIJ-eJofvpt; nJttiiil�(!ChAto ter,,' #i;, i i.4V jujkh�4ja.9tice or demand, enter Into and upon the demised premises, or any part t e'reo ,and repossessit e,,��ee,ftrnm gf;their fgrmer estate and, exQQlr,thp Lessee �no remove Its9gffg ,a,,forrcefully,tlf, g,eceesaryi,wit gu(, elppjkg7joraaeerned to be tiui tixro( pn'yr;{nunner tif;tr€spas end:Ehereupon, s;delnlse•shall;t rtr�3rigte,butlwi out prgju 4etto any remedy wh�cti hii gKt otherwise be used hy'(he I:e'seor for arrears of 'rent or for,pr y C�reach.o ;ei,esee@{s,Ag�lena f?grein coni4P1tm0l)fl•): 1ft iL'SJL.^y�.l,lrt t! ?•�b epos'iTlq '+1'.,•y'ti}l�'.}�,�{•..A i iii,'!•. ' n-10 !;S°' ,!I I ! Ptl •rn � .•S>:?O�l Eril'.� XVIn,'7�': ,Gt..i1 n�.YVLC.LCi1�1'(f'., TrrO Fn, J1GF;1;?•t�NT i,�. ' .it;r•f'.+(!`S:.Sit.t,yt•3J11 !Sl�1nQ�l.'lntin That the Lessee upon the request of the Lessor shall execiiteIsuc ep nowledgment;or.a no, ledgmollts, or any assignment, or a�s signments, of rgptals and profits I de by,the Lts §oY CB y'tlitrd'pi i �dri,f , or orporetion, prot+ided that'ihe I:t= eo;�yill'n'lit mdkg;stich'►equest unle§s'requir�n toi�iro,so by the;MorEga�egrun ,grJarJ}prtgege, or m,oK's1'e" a;x'ecuted,by,tlid.'Lessor. „ r tr:untnf'sini•ly.inilu XVIU, '•TAXES,,INSURANCE, A'ND`COMMISSIONS '' t 't t "'+ '"' 10 ,o' •'htt 1 tJ iintui ,.., , r t1 ,1 , , •'1 ,lP10?,39rr.)t 1r`' �• _ - 1 Lessocshall pay all real estat>~'ttaxes a>tid fire ins trance.drf?miuriis on the derpI968! jgVs6s essoi' shall not he; +ialije to Ca'r, fn5t insul'Ahce, on th'e persoi} orprljper�y of the ies'see or any;other, persq{i of Iirpptertyrwhich may,tidtii ort he`ri>ra per .plaC¢d ►n the'.demieep prerilIses , ,h ,• 1r o 11; riuur Jty �•, e§sor agrees, covenants, certifies and warrants to Lessee that no portion of the rent payablg.pursuant to grticlttllr,gf,tj}is, easp;/>gneement.includes, represspts,.is'based-,on or, ris•a►tributable,,to snyr;commission or fee W,}iich;�s pa d or is,•p'a',' le.by, Lessor. as the, result,of/Lessor.:s.having•utiliaed;orlcontracted:for the,aervIces of any real estate broker,lsn esman;,agent.or•firm in:anylaspectlof Lessor.'s.dealingsbr.'any.'xlealings?iddolving:the leas In&ofrxhe,denused premises: to L-essee.. •. 0 ) rlvz 1,,•;n:; • •• lz::! ,:'+ ,:p,; In?�' XVIII AVAILABILITY OF FUNDS i:,1i •'l.f.U10 +..A •ThtyState of Floridn'sriperformance and obligation -to pay.'uri der this!ebn'tradIs ontig{r4it upon n annual rapprooriation-by the Legisiature.•F'.S:255.250'L :a ! rr Dili b XIX i:.,:SE;OF'PREMISES t ! . r1. ., :,, t,: ': •, tar . G! ,,+,t :,.+ n! .:.1 r;•PheiL.esseu will notimake or suffer'any unlawful, improper brioffensi4e:uste oVtheipretnises 0jt;dttyfUse or occupancy thereof contrary to the laws of the SLaLe of Florida or to such Ordinances"ofJdhcrCity and/orGoGnty in which,the demised premises are located; now or hereinafter made, as may�'be epplicable,Co the Lessee ! fu FM 406/ (al2=) 9 4- 2475 Lease No 1 XX . EWAL Tne Lessee is hereby granted the option to renew this Is for an additional �2 - 1 ye s) the terms conditione. If Lessee desires to this leese'under upon same. and the renew the provisions of this Article, - it shall give the Lessor written notice thereof not more than six months nor less than.three months prior to the ' expiration of the term provided in Article I of this Lease or any applicable renewal period. Said option to ' XXI RIGHT TO TERMINATE renew shall be subject to mutual consent of both parties. The Lessee shall have the right to terminate, without penalty, this lease in the event a State owned building becomes available to the Lessee for occupancy during the term of Said lease for the purposes for which this space is being leased in the County of Dade Florida, upon giving six (6) months' advance ' h written notice to the Lessor by Certified Mail, Return Receipt Requested. XXII NOTICES AND INVOICES 7 All notices required to be served upon the Lessor shall be served by Registered or Certified Mail, Return Receipt Requested, at P.O. Box 330708, Coconut Grove; Miami. FL 33133 ,and all I We). 1 tteaN 1 tYl IZip C notices required to be served upon the Lessee shall be served by Registered or Certified Mail, Return Receipt ' Requested, at the address of the Lessee at 401 N.W. Second Avenue, Suite 5-721, Miami FL 33128 1 treat) tYl IZIP 1 Invoices, in triplicate, shall be Submitted monthly to: Facilities Services Manager. XXIII DEFINITION OF. TERMS (a) The terms 'lease," 'lease agreement," or "agreement" shall be inclusive of each other and shall also Include any renewals, extensions or modifications of this lease. terms "Lessor" "Lessee" include assigns for hereto. (b).The and shall the successors and the parties (c) The singular shall include the plural and the plural shall include the singular whenever the context so requires or permits. XXIV ADDITIONAL TERMS (Check One) X Any and all additional covenants or conditions appear on the attached. No additional covenants or conditions form a part of this lease. IN WITNESS WHEREOF, the parties hereto have hereunto executed this instrument for the purpose herein expressed, the day and year above written. ANY LEASE SHALL NOT BECOME LEGALLY EFFECTIVE UNTIL APPROVED/ACCEPTED BY THE DEPARTMENT OF GENERAL SERVICES. ORIGINAL SIGNATURE REQUIRED ON ALL COPIES If Lessor is an Individual: Signed, sealed and delivered in the presence of. NAME OF LESSOR: (SEAL) (SEAL) As LESSOR If Lessor is a Corporation, Partnership, Trust, etc: Name of Corporation, Partnership, Trust, etc Signed, sealed and delivered in the presence of. City of Miami, A Municipal Corp. By: (SEAL) Its President, General Partner, Trustee -Cedar H. Odio, City Manager AS TO President, 0eneral Partner. Trustee ATTEST- MattHirai City Chl7stary LESSEE: Signed, sealed .and delivered in STATE OF FLORIDA the presence of: DEPARTMENT OF By: Agency Head A9 TO LESSEE APPROVED AS TO FORM AND LEGALITY, APPROVAL AS TO CONDITIONS AND SUBJECT ONLY TO FULL AND PROPER NEED THEREFORE EXECUTION BY THE PARTIES. DEPARTMENT OF GENERAL SERVICES GENERAL COUNSEL DEPARTMENT OF By. r Division of Facilities Management Approval Date i t + Executive Director } Page 3 of 3 94- 158 FM 4054 (Rl21e0) u i y I -94 158 a 2 ADDENDUM A Lease 2475 Effective March 1, 1994 Article I --Term and Article SI - Rentals March 11 1994 1.. For the period commencing March 1, 1994 to and including F6bruary,28, 1995: $14.27 per square foot per year for a monthly rental of Six Thousand Five Hundred Forty and 42/100 Dollars" ($6,540:42). No, rent shall be due for the months of March, 1994 and April, 1994. Such abatement of rent to serve as reimbursement to Lessee for expenses incurred as a result of malfunctioning -air conditioning equipment. Article XX - Renewal i March 1, 1995 1. For the period commencing March 1, 1995 to and including February 29, 1996: $14.98 per square foot per year for a monthly rental, of Six Thousand Eight Hundred Sixty Five and 83/100 Dollars,($6,865.83). `2.' For the period commencing March 1, 1996 to and including February 28, 1997: $15.73 per square foot per year for a'monthly rental of Seven Thousand Two Hundred Nine and 58/100 Dollars ($7.,209.58). LESSOR Signature LESSEE Signature Cesar H. Odio, City Manager Print Name: City of" Miami ATTEST: MATTY.HIRAI, City Clerk APPROVED AS TO FORM AND CORRECTNESS: A. QUINN JONES, III CITY ATTORNEY' 94- 158 � .. .,. ,: ........ t va..Y..k't.4}•'ta?a; iScih"'tiH.,.:K,nikn34''�Y ': r Ii ' 1 f ADDENDUM H; LEASE - 2475 Article III, Paragraph 3 Addendum for Full Service Leases Less Janitorial The Lessor and Lessee mutually agree that the described premises leased in this lease agreement shall be available to the Lessee for its exclusive use twenty-four (24) hours per day, seven (7) days per week, during the lease term. The space to be leased by Lessee will be fully occupied during normal work hours from 8:00` A.M. to 5:00 P.M. Monday through Friday, excluding holidays, Saturdays and Sundays, and may be fully or partially occupied. during all other periods 'of time as necessary and required at the full discretion of Lessee. Accordingly, services to be provided by the Lessor under the terms of the lease agreement, will be provided during all hours of occupancy at no additional cost to Lessee. LESSOR Signature LESSEE Signature Cesar H. Odio, City Manager City of Miami Print Name ATTEST: Title MATTY HIRAI, City Clerk APPROVED AS TO FORM AND CORRECTNESS: A.'QUINN JONES, III CITYATTORNEY 34- 158 r �f}r�^•aorr«.7S s c` >� � E DEPARTMENTOF MANACI+;MLNT SHAVICES 4 •( DISCLOSURE SThTEMENT .Allb Mt,lk� Zone-. 2- Lease No: 2475 ' Authority: Paragraphs 255.249(2)(h)(i) F.S. Check one : Privately Owned X Entity Holding Title Name of Entity: City of Miami,, a municipal corporation Name of Buildings Manuel Artime Community Center Street Address • 970 S.W. 1 Street City: Miami County: Dade. Federal Identification No. (F. E.I . D. or S . S.) 59-600375 This is to certify that the following individual (s) holds 4 % or more interest and/or the following public official(s),'agent(s). or employee(s), holds any interest in the property or in the entity holding 'title to the property being leased to the State. Name• City of Miami, a municipal corporation• Home Address: 300 Biscayne Blvd. Way Suite 400 Principal occupation: Occupational Address • 300 Biscayne Blvd. Way Suite 400 Percent of 'Interest: 1007 Name: Home Address: Principal Occupation: Occupational Address: Percent of Interest: sz (Attach additional pages if necessary) FM 411.4 (R7/92) 1 of 2 ,.ai. 94- 158 k, '�S t Fir L i;. li r ) ftr� F� 5 r t t d4 KSk Lease No. The equity of all others holding interest in the above a named t property totals +42 / If ,a public 09,ficial, agent or employee+ provide: Name of individual: a` Name of public agency: Position held: This is to certify that all beneficial interest is stock in a corporation registered represented by with Commission the Securit' ies and Exchange or is registered g pursuant to Chapter 517,Florida Statutes, which stock is for sale to the general ub P ic. Yes _ X No if Owners) is.an Individual: Owner(s); (Print or Type) Sear (Manual Signature)' (Print or Type) Seal (Manual Signature) Date Signed: If Owners) is Corporation, Partnership, Trust, etc ; Name of Corporation,. Partnership, Trust, etc.: City of Miami CORPORATE This is (Print or T Seal ype) to certify that I, Cesar H. Odio as Cit Manager , (Pres./General Partner/Trustee/etc.) ' am authorized to sign for the required information thereon. / Date.Signed: S FM 4114 (R7/92) 2 Of 2 94-' 158 STATE OF FLOF"`a DEPARTMENT OF GE1. RAL SERVICES KNIGHT BUILDING TALLAHASSEE, FLORIDA 32399 ZONE: 2 LEASE AGREEMENT N0, 2475 THIS LEASE AGREEMENT, entered Into this day of , A. D„ between City of Miami (Municipal Corp.) party of the first part, hereinafter called the Lessor whose Federal Identification Number (F. E. I, D. or S. S.) Is 59-600375 , and the State of Florida Department of Health and Rehabilitative Services Divisionof District Eleven Bureau of party of the second part, hereinafter called the Lessee, WITNESSETH: That the Lessor for and in consideration of the covenants and agreements hereinafter mentioned to be kept and performed by the Lessee, has demised and leased to the Lessee, for the term and under the conditions hereinafter set out, those certain premises in Miami 33130 Dade Florida, described as follows: Icityl IZIp Casa 1 ntyl The Northwest sections consisting of 5,500 square feet of office space located on the second and third floor of the certain buildinglocated at 970 S.W. First Street, Miami, Florida 33130 (SEE EXHIBIT I ATTACHED HERETOj which shall constitute an aggregate area of 5,500 square feet of net rentable apace measured in accordance with the Department of General Services' Standard Method of Space Measurement at the rate of i 14.27 per square foot per year, the Lessor shall also provide 10 parking spaces for the exclusive use of the Lessee as part of this lease agreement, I TERM TO HAVE AND•TO HOLD the above described premises for a term commencing on the 1st day of March , 19 94 to and Including the 2B , day of February , 1995 A RENTALS The Lessor hereby leases to the Lessee and the Lessee hereby leases from the Lessor the above described premises for the term set out in this lease and the Lessee agrees to pay the Lessor the awn of Six Thousands Five Hundred, Forty and 42/100 A 6,540.42 ► per month for the rental period described in Article I of this lease. The rent for any fractional part of the first month shall be prorated The rent shall be payable the month following the month of occupancy in accordance with Section 215.422, Florida Statutes. The rentals shall be paid to the Lessor at Attn: Finance Depa tme t 300 Biacavne Blvd. lav gSuits 210 Miami _ 33131 �1 [Address) l Ity) I71p el III HEATING, AIR CONDITIONING AND JANITOR SERVICES 1. a. The Lessor agrees to furnish to the Lessee heating and air conditioning equipment and maintain same In satisfactory operating condition at all times for the leased premises during the term of the lease at the expense of•the Lessor. b. The Lessor agrees to maintain thermostats in the demised premises at 68 degrees Fahrenheit during the heating season and 78 degrees Fahrenheit during the cooling season; and certifies that boilers therein have been calibrated to permit the most efficient operation. •2, The Leslg a fu to mish janitorial services and all necessary janitorial supplies for the leased premises dining the term oftt"t?ie lease at the XXexpenseogfppzzthe . Lessee. dSMHjE)fXd'rli��lt3i 1F�rXt7h�lS���eF�� IV • LIGHT FIXTURES 1. a. The Lessor agrees to install in the demised premises light fixtures for the use of the Lessee. •b, The Lessor shall be responsible for replacement of all bulbs, lamps, tubes and starters used in such fixtures for the purpose of furnishing light. 2. The Lessor certifies that the lighting levels within the demised emises are maintained at and do not exceed the following levels;10 footcandles in hall and corridors; 30 footcandlppres In other public areas; 50 footcandles In office, conference rooms, and other levels as set forth in the State Energy Management Plan, Volume II, Section F. V MAINTENANCE•AND REPAIRS 1, The Leesbr shall provide for interior maintenance and repairs in accordance with generally accepted good practices, Including repainting, and repairs or replacement of interior equipment as may be necessary due to normal usage. The Lessee shall, during the term of this lease, keep the Interior of the demised premises In as good a state of repair as It to at the time of the commencement of this lease, reasonable.wear and tear and unavoidable casualties excepted. 2. The Lessor shall maintain and keep in repair the exterior of the demised premises during the term of this lease and shall be responsible for the replacement of all windows broken or damaged In the demised premises, except such breakage or damage caused to the exterior of the demised premises by the Lessee, its officers, agents or -employees. 3, The Lessor shall maintain the interior and exterior of the demised premises Including grounds 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 sybsequently be enacted during the term of this lease and any renewal periods, 4. The Lessor agrees to furnish pest control services for the leased premises during the term of the lease at the expense of the Lessor. 'VI UTILITIES That the Lessor will promptly pay all gas, water, power and electric light rates or charges which may become payable during the term of this lease for the gas, water and electricity used by the Lessee on the premises; and If the lease is for 3,000 square feet or greater, separately metered for all energy and fuels which may be consumed by Lessee, alone, Lessor will provide Lessee, in a form and manner agreed upon, timely and accurate data on Lessee's monthly consumption or use of electricity, natural gas, LP gas and/or fuel oil, as. appropriate, pursuant to Section 255.157, Florida Statutes, • These are the only Artldas in which the word "Lessor" can be changed to "Lessee" by the Lessee without authorisation from the Division of Facilitles Management. (Rule 13M,1.003 Florida AdministratA•e Codel i'as,ee4 fuel 9 4 — 158 �,t ri s.. Yl. VII �NDICAPPPED•STANDARDS AND ALTEItATI'ib „� ,� r !f `] hat i. LeR;fV' aJ^ 6'•lh�ii,tt�}c�llerdi�Grl jitp lee QW 4WbrIc"g;rHa�,'�j��y�p'�.gdg a oc�updn' t said premises A1111. at the Lessor s expense, lie hroukht Intoconformance with therequ7reinentsot�S et 683. 48, H.S.,pruviding requirep}enta, for the handicapped, II'rP `i N;tif�lr � 2. That tltc Lr�seu shall have tile rig�i to make any alterations in and Al the demised premises during the term of this lease upon first having obtained; the;writrtpn consent thereto of the Lessor. The Less6roh4mot capriciously withltaid the consent to any such alterations. VIII-voiINJURY.OR DAMAGE TO PROPERTY OM'PREMISl391t' %t:iN t?iti•."it S?A7,1 ?fifl' That ull pproperty of any kind. that may be on the promises during the continuancy of this lease,"shall be uEtb@'sole'ritik'of'the'1:ebdec;ralid'excelfttfoY'any r gilgohte of the Lessor; the Lessor ihial n6t lie llible'to the Lessee or any other person for any injury, loss or damage, tQ,propegy orp ,any person lonmntgilTft�o IX FIRE AND OT460HAZARDS 1. In the event that the demised'promises, or the inajor partahpi•eof; ate aesrt��rqq��¢¢"b`y' e7il rifng;rt rm or other cusualty, the Lessor at its option may forthwith repair the damage to sucd4tet}ilatemisea at its own cost and expense. The rental thereon shall cease until the completion of such repairs inT tHl " r will immediately refund the pro rain part of any rentals paid in advance by the pAittttses be only punk destroyNd, so that the major paxt;thereofjs;usabla by the Lessee, then the rental shall abate to thoa�+tten thdt,tlle inJurGd,pr el mug ;i,paSttUya s lo,tl,e, v,�ole Lg4cllE,pretnja�s.�q¢,sttc�,fr>,jycy pridamage shall bo hgtsi r� y ihe't;es's6r,as.s`ppeedilylus fis,P�gofifpEile pnd,t�pgp, G�c,`4n?t?l 4ipn of suet} ieo-i4 tl 44,1lgept 4titl1 commence and the lease shah''ihen continue the balance o the term. 2. The Lessor proyide for fire prpj.egtion d1ljing.4herwtminf.thisilease in, Acordanceisuithitheiifire safely eta ...Rfl§ of the Slutr Fine Marshal. The Lessdelihall be respponsible for maintdhtineekmd:repiiimbflaUifire protection equipment,net.w nary to conform to the requirements of,the State Fire Marshal. The. Lessor!agrees'thatt' tho demised premises shall be'available for inspection by tlie:State Fire Marshal, prior to occupancy by the Lessee,_ and at any reasonable time thereafter'. 3. The Lessor ,certifies thpt no asbestos was used in the construction of the demised remiss e� or L at if asV�s ll3'it�ttV%difl;i'h6tidiid'FifVe b4�i� diiYpldY�¢ to cor>;ect-the hazhld9' &c .''9`i4 %Hlf't�shJ Ifl gBeat6s 1 � n it :4't •::11 �•� i.^9r:p ••:lit S •�..':11!.t•) t ..rt �'i!..f4,rm 93W.r;l Tlo X EXPIRATION 6PVERM� •)ej ••)At the explitation.uf theterm..thittessee will,.p'eaceably yieldnsp torthe.'Lessoritherdemised premises in good and tenantable repair. It is understood and agreed-between•the:pafties•that the•L•eseee shallrhavartliee'ight to remove from the premises all personal property of the Lessee' and all fixtures, machineryra• equipment, ` appurtenances and eppAiinaes:placed,or installed.on•:thb!prenilees•by'it,:providMthe'Lessee'rost6ree'the premises to as good a state of repair as they were prior to the removal. n t , +! !t +'d � Artlbtr!3ni 5r• .,! 4 [ , , ltlr' lu vab XI SbtLETTING AND ASSAMENT j T e LeApee:u on,th obtaining,�o( the, ;tltteraacsantsent of t) a Lessor, Aviiich„w�itfstj' gnegnt sheltlnot ca viciously lie withliepl g�,, diint$ed r M oel , all p y 1 lia11 have t}te.rxght to,,sublet all or;,anj;rpnrt�of the p,a ' �,qt tpjs{ygign or any part of the' demised premises, ;,!•,'INbT C6N'SENT'TO SUE'"" f : r, 1 t nt r 191) • tlsgti [ ^u ., t•'I he provisions, terrns or conditions of khis lease.shall not f�etcorys%rued as a.consent,g riser' ,iatao ,grtde to be sued because of said lease hold. ,,. s,i :•rl. :) •,.. n)b +_:ar::: �,t'i ar,ix.!? XIII WAIVER OF DEFAULTS ! The waiver by the Lessor of any breach of thia:leiase by the`Lessee'shall not be`constit'tted as"a'walver of any subsequent breach of any duty,pr covegttn0 imposed byithis, leq¢e.;'; tr;'tl : t l:. ,i:Vf'1 t,,1'st 117 X1V'r,.a:ETGiH7t' Cfli? 1;ESS'OR'TO•'Ij! PECT !, ,• ! r, r' . y.l :, : )cju nrlT .a .t :r•1:': �. 9f• .r , u, _ , ,...., r.. J:ti'. It, ••,I!, p; ,tr'11L7 p'r i0j30131,tas «I• ire LI essor, at all reasonable tunes may enter into and upon Ni demised' prerruses for M pucpns�oiVjq%ymg thr:�same anti hoc the purposeaf making any sueh repairs as they aretrequir,,ed,to.make^underthekerms of this lease. X1�' n; BREACH OF COVEIVANTT �' ! �+ >, '! u` i r.:, nm A .1! 3r :ta rrn.'e3a grtifead erfl rr , r 1, a r,l t•t!t !t t r It!t.ln•Id'1a epe, presents are u o . tht ,,, ondition, that, a ce t roil , t n htst, ee, if't' a ss tit ie`ilect or fnii�'deifot`m br ohser�e'aily covenant herein conta}t►et>t� ay!hic�t,p� t;`�,es§ge„��ari to�i A'. band suct etault siiull,coptit??ue,for, a pc to�;of„thigiy,f9g� d�yb;aftg� rgcaip�rRi_wri��gn•gAktgp E ��(1P�'tHHe�' Lessor to the Lessee, then tfie I:essor;law�ull ,3mttjoillatbljr;i;6Fypt;:$,ny,t(p)� Che#eafte;,, ji , I �,fittih. ip9tice or demand, enter into and upon the demfaed premises, or any part thereof, and re fitheir farmer estate and ,exQelrthe Lessee spfi remove lts9gff¢f �tforlceful}y,.tif, eeraoaryl,withhgut,elgg;tke [oradeemed to be l,�ui11txx,o .p ry,;;intinnor of trespass ai d.thereupon, tlsjdeinise:shale••;'cclinefe but tot out prglu l cetto any remedy which nugliit othdrwise tie used fly the Lessor for arrears of vela of Fort,gny Eireac oiZtheY,esse sjggvrepanlip llgrein conte?n4'dhn f/t t.% ;let ,, ;r, v:, ,.,;i.r,n,u !.., lrrr•', •.a t t ,{+ ! , �li.t t t s .r,t' v.+.^.I ?r11' .: I • ,, ! lu.r? ..1 .,.t!6nr. • i r 1; ..!!. •1;trtrwnliol Dili b99•')X0 XV9;;t.l� .1{ b ,,i IjG" E rP.OFrt„ �;iGX!11VI NT;;.. :• , :..t rl lU It:,r ,+r0•:ir::13 •1 n11-10 ^tl,o tit w ,�. M . That h`e Lessee upon ill's request of Ehe Lessor shall execute spcac �owledgmento� act ofv+{ledgme�ts, or any r►ssigrrtnent or a,psignments, of rentals and profits mp by the tiltrtl'pers3&,,i? or'torporation, proyrd d thaf the Le�di''ivillb'ot mkgstich'request unletss required tolt�tosb by the .Mprtgaeg Pctgage, or mo�tgi0i'. executed,bf! thd'Ces'so" „ r rr .unln(.!r tOt79dnt lu XVII'-'�TAXES,'iNSURANCE; A'ND'COMMISSIONS 1.', "'''''t �' '' ;'il t' '""'`' �'j' 1r.I titr •F,;t , u cU , It Lessors all, pay all real estate'+ttt)ies artd fire ins'tirence aitemtutris on the: detiiised pF,grfiises `essor s�iall not b(:Iiable Eo Car 'fire'insurance ,on tile pGrson;or pr9pezty,.of th . Lessee or any other persgri or pS�aAerty which may;noW arz here • er b"e plei'd in the:demecf prerrlIses. , t _ •: t :n„t ri�ur. ty:r. , 2 I essor agrees, covenants, certifies and warrants to Lessee that no portion of the rent payable pursuant: to /vxiclfl;].,gfthfs ease;,j�greement„includes, represgnt;sjs'based•,on or. ris, af,tributable,, anymoramission or fee W,}itch, p pald,or�s•pa}1}! le.by,Leasor.as the, result,ofLessor:s. having •titilized+or;contracted :for the.services of any res in: any;aspect{of Lesst r.'s deal ings.'or••anytdoalings?idvolving:the leasing,ofltth)e, demised premises. to Lessee..•. +:. i • :: , r. ,z L,,: n r, !, • _: •h;:r•,:4 .. I ::fit; lu�r. ,.t ,r19 .t• . '�{P.!!.1 •b'i: �'. •it rlb0,::0 9rt! ir: XVIII AVAILABILITY OF FUNDS jai :'1✓.i I`ii it'" r= • i ,ThtnState of Flo ridit's r+performiince and obligation -to pay'under this! cbritracr-isrfoittii�gft upon an annual.•appropriation by the'I,egislature.•F:3: `255.2502 a i It tin XIX •.,• flSi,;O.F'PREMISES .. , . ru ',, , , , :r,. v„s:•,,... •:,' =•'Fhe,L.esseu will notimake or suffer -any unlawful, improper br+offensl4e:use of'tMolpretttisea'tf �ii rGse or occupancy thereof contrary w the laws of the Stack of Florida or to such Ordfnancea'oVdherC3iy and/or'Gdlinty in which the demised premises are located, now or hereinafter nladet as' -may be 2pplicable•to the I.Assm U 1',A I W 7 FM 4054 tatM Lease No. 2475 XX 1..., Lessee Is hereby granted the option to renew tl l�, lease for an additional 2 - 1 ye el terms If lease upon the same and conditions. the Lessee desires to renew this under the provisions of this Article, It shall give the Lessor written notice thereof not more than sit months nor less than three months prior to the . r expiration of the term provided in Article I of this Lease or any applicable renewal period. Said option to 4 XXI RIGHT TO TERMINATE renew shall be subject to mutual consent, of both parties. The Lessee shall have the right to terminate, without penalty, this lease in the event a State owned building j becomes available to the Lessee for occupancy during the term of said lease for the purposes for which this space s s is being leased to the County of Dade Florida, upon giving six (6) months advance written notice to the Lessor by Certified Mail, Return Receipt Requested. XXII NOTICES AND INVOICES All notices required to be served upon the Lessor shall be served by Registered or Certified Matt, Return Receipt Requested, at P.O. Box 330708 Coconut Grove Miami. F 111 , and all l tnet! IIgyl IZIp el notices required to be served upon the Lessee shall be nerved by Registered or Certified Mail, Return Receipt Requested, at the address of the Lessee at 401 N.W. Second Avenue, Suite S-721 Miami FL 33128 u"" p lut." lap coal Invoices, to triplicate, shall be submitted monthly to: Facilities Services Manager XXIII DEFINITION OF. TERMS (a) The terms 'lease," 'lease agreement," or "agreement" shall be inclusive of each other and shall also Include any renewals, extensions or modifications of this lease, The terms "Lessor" "Lessee" Include (D) and shall the successors and assigns for the parties hereto. (c) The singular shall include the plural and the include the the plural shall singular whenever context so requires or permits. XXIV . ADDITIONAL TERMS (Check One) x Any and all additional covenants or conditions appear on the attached. No additional covenants or conditions form a part of this lease. IN WITNESS WHEREOF, the parties hereto have hereunto executed this instrument for the purpose herein expressed, the day and year above written. ANY LEASE SHALL NOT BECOME LEGALLY EFFECTIVE UNTIL APPROVED/ACCEPTED BY THE DEPARTMENT OF GENERAL SERVICES. ORIGINAL SIGNATURE REQUIRED ON ALL COPIES If Lessor is an Individual: Signed, sealed and delivered In the presence of: NAME OF LESSOR: {SEAL) (SEAL) , A If Lessor is a Corporation, Partnership, Trust, etc: Name of Corporation, Partnership, Trust, etc: Signed, sealed and delivered in the presence of: City of Miami, A Municipal Corp. By. (SEAL) Its Prooldwt, Clowil putow.Inustaa -Cesar H. Odio, City Manager n mot. ,{ta.r, a« ATMZ'Etty SP• Hirai C i tY C tag LESSEE: Signed, sealed .and delivered In STATE OF FLORIDA the presence of: DEPARTMENT OF By: Aaemy Head - A . S TO LESSEE APPROVED AS TO FORM AND LEGALITY, APPROVAL AS TO CONDITIONS AND SUBJECT ONLY TO FULL AND PROPER NEED THEREFORE EXECUTION BY THE PARTIES. DEPARTMENT OF GENERAL SERVICES GENERAL COUNSEL DEPARTMENT OF By. Divislo oof FacWtles Mtuapremant Approval Date Executive Dirmor ` 4 r 158 PaQu 3 of 3 -9 FM 4054 (R121110) 94- 158 h ADDENDUM A Lease 2475 Effective March 1 1994 4 Article I - Term and Article II - Rentals March 1, 1994 1: For the period commencing March 1, 1994 to and including' f February 28, 1995 $14.27 per square foot per year for a monthly rental of Six Thousand Five Hundred Fortyand 42/100 Dollars` ' ($6,540.42). No rent shall be. due for the months of March,;1994 And" A ril 1994. ° p Such abatement of rent to serve as reimbursement to Lessee for expenses incurred as a result of. malfunctioning air conditioning equipment. Article XX - Renewal March 1, 1995 1. For, the period commencing March 1, 1995 to and including February 29, 1996: $14.98 per'square foot per year for a monthly rental Of Six Thousand Eight Hundred Sixty Five and 83/100 Dollars ($6865.83). 2 For the period commencing March 1, 1996 to and including February 28, 1997: $15.73 per square foot per p year for a monthly rental- of. Seven Thousand Two Hundred Nine and 58/100 Dollars ($7,209.58) . LESSOR Signature LESSEE Signature Cesar H. Odic, City Manager Print Name: City of Miami.' ATTEST:. MATTY`HIRAI, City Clerk APPROVED AS TO FORM AND CORRECTNESS: A. WINS JONES, III CITY.ATTORNEY 94-- 158 STATE 01P FLOIUDi\ I)EPARTM[l.N'C Oh MANAGEMENT Sh.ItVIC +'S his ` DISCLOSURE STATEMENT Zone: 2 •, Lease No: 2475 Authlority: Paragraphs 255.249(2)(h)(i) F.S. Check One: Privately Owned X Entity Bolding Title ' 'Name of Entity: City of Miami, a municipal corporation Name' of Building: Manuel Artime Community Center Street Address: 970 S.W. 1 Street city: Miami County: Dade Federal Identification No. (F. E. L. D. or S.S.) 59-600375 This is,to certify that the following individual(s) holds 40 or more interest and/or the following public off icial(s), agents) or employee(s) holds any interest in the property or in the entity holding title to the property being leased to the State. Name: City of Miami, a municipal corporation Home Address: 300 Biscayne Blvd. Way Suite 400 Principal occupation: Occupational Address: 300 Biscayne Blvd. Way Suite 400 Percent of Interest: 100% da• Name. - Home Address: Principal `Occupation: Occupational Address:' Percent Of Interest: (Attach additional pages if necessary) FM 4114 (R7/92) 1 of 2 94- 158 •a Lease No.: h The equity of all others holding interest in the above named property totals: If a public official, agent or employee provide: 4 Name of individual: ` Name of public agency: Position held: This is to certify that all beneficial interest is represented by stock in a corporation registered with the Securities and Exchange Commission or is registered pursuant to Chapter 517,`Florida Statutes, which stock is for sale to the general public. Yes X No ` If'Owner(s) is an Individual: Owner(s)c (Print or Type) (Seal) (Manual Signature) (Print or. Type) (Seal) (Manual Signature)` DateSigned .If..Owner(s) is corporation, Name of Corporation, Partnership, Trust, etc: Partnership, Trust," etc.: CORPORATE City of Miami -(Beall (Print or Type) This is to certify that I, Cesar H. Odio 'as.City Manager (Pres./General Partner/Trustee/etc.) am authorized to sign for,.the'required information thereon. Date Signed: FM 4114 (R7/92) 2 of 2 94- 15g t,. I THIS LEASE AGREEMENT, entered into this day of , A: D.. between City`0 Miami Munici al Cor ( P P •) party of the first part, hereinafter called the Lessor whose Federal Identification Number (F. E. I. D. or S. S.) Is - 59-600375 ,and the State of Florida Department of Heal th and Rehabilitative Services Division of District 'Eleven ; t Bureau of ; party of the second part, hereinafter called the Lessee, WITNESSETH: i That the Lessor, for and in consideration of the covenants and agreements hereinaftermentioned to be kept and performed by the Lessee, has demised and leased to the Lessee, for the term and under the conditions hereinafter set out, those certain premises in — Miami 33130 Dade- FIoHda,`Aes6riW'as follows: )ty1 )zip Code)(Cou(County) The`Northwest sections consisting of 5,500`square feet of office space located on the secondand third floor of the certain building located at 970 S.W. First Street, Miami, Florida 33130 (SEE EXHIBIT I ATTACHED HERETO) which shall constitute an aggregate area of 59500 square feet of net rentable space measured in accordance with the Department of General Services' Standard Method of Space Measurement at the rate of $� 14.27 ' per square foot per year; the Lessor shall also provide 10 parking spaces for the exclusive use of the Lessee as part of this lease agreement. I' TERM ' TOHAVEAND'TO HOLD the above described premises for a term commencing on the 1st day of March , 19-94 to and including the 28 day of February 1995 -11 RENTALS The Lessor hereby leases to the Lessee and the Lessee hereby leases from the Lessor the above described prembes_for the term set out in this lease and the Lessee agrees to pay the Lessor the sum of Six Thousand, 'Five Hundred, Forty and 42/ 100 ;s 6,540.42 ) per month for the rental period'described in Article I of this lease. The. rent for any fractional part of the first month shall be prorated. ;The rent shall be payable the month following the month of occupancy in accordance with Section 215.422, Florida Statutes. The rentals shall be paid to the Lessor at 'Attn: FinanceDegartment 300 Bisca ne Blvd. Way Suite 210 Miami 33131 (A ) (City) (Zip Code) III HEATING, AIR CONDITIONING AND JANITOR SERVICES 1., a. The Lessor agrees to furnish to the Lessee heating and air conditioning equipment and maintain same in satisfactory. operating condition at all times for the leased premises during the term of the lease at the expense of - the Lessor. b. The Lessor agrees to maintain thermostats in the demised premises at 68 degrees Fahrenheit during the, heating season and 78 degrees Fahrenheit during the cooling season; and certifies that boilers therein have been calibrated to'permit,the moat efficient operation. ' 2. The Les agrees to furnish janitorial services and all necessary janitorial supplies for the leased premises during the term ofe lease at the expense of tha &Les eY ,i IV' LIGHT FIXTURES 1. a. The Lessor agrees to install in the demised premises light fixtures for the use of the Lessee. *b.`The 'Lessor shall be responsible for replacement of all bulbs; lamps, tubes and starters used in such fixtures for the'purpose of furnishing light. .2. The Lessor certifies that the lighting revels within the demised premises are maintained at and do not exceed the following levels:10 footcandles in hall and corridors; 30 footcandles in other public areas; 50 footcandles in office, conference rooms, and other levels as set forth in the State Energy Management Plan, Volume II, Section F. V MAINTENANCE• AND REPAIRS 1. The Lessor shall provide for Interior maintenance and re airs in accordance with generally accepted good practices, Including repainting, and repairs or replacement of interior equipment as may be necessary due to normal usage. The Lessee shall, during the term of this lease, keep the interior of the demised premises in as good a state of repair as it is at the time of the commencement Of this lease, reasonable wear and tear and unavoidable casualties excepted. 2. The Lessor shall maintain and keep in repair the exterior of the demised premises during the term of '. this lease and hall be respponsible for the replacement of all windows broken or damaged in the demised premises, except such breakage or damage caused to the exterior of the demised premises by the Lessee, its officers, agents or employees. 3, The Lessor shall maintain the interior and exterior of the demised premises including grounds 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 sµbsequently be enacted during the term of this lease and any renewal periods. 4..The Lessor agrees to furnish pest control services for the leased premises during the term of the lease 'a t the; expense of the Lessor. •,VI UTILITIES That the Lessor will promptly pay all gas, water, power and electric light rates or charges which may become payable during the term of this lease for the gas, water and electricity used by the Lessee on the premises; and if the lease is for 3,000 square feet or greater, separately metered for all energy and fuels which may be consumed by Lessee, alone, Lessor will provide Lessee, in a form and manner agreed upon, timely and accurate data on Lessee's monthly consumption or use of electricity, natural gas, LP gas and/or fuel oU, as appropriate, pursuant to Section orr, oK7. ri)n,.irie Cf ot„taa. - VII HANbICAPPED STAt RDS AND ALTERATIONS 1. Lessc+> a `re.'s'tit�t •"tE�e detntgeci �rett�ises no�v t'j �'ortii, , r"' ltal,', " -up ' � ��� g.. a ppittdW L�etlgb a occfiipanc ,aihat 5uid premises shtill, at the Lessors expense, lie hroughtinta conformance with the requirements of,SectTotr553. 48. KS.. providing requirem ents, for the, hysically handicapped.'I (. ppt; 11,1E }{; 2. That the Lessoo shall have the right to make any alterations in anc e demised premises during the terin of this lease upon first having obtained- the• written consent Thereto of the Lessor. The Lessor;shatll,not capriciously withli d the consent to any such alterations VIIh••''INJURY.OR DAMAGE TO PROPERTY ON PREMISESI .t';r�.':' 'i , a=';•:i.t %'lIi'�' That all pproperty of any kind that may be on the premises during the continuancy of this lease shall be at the snle'ri>;k of'thd'f;69de,'and •excelft: foY''any riegligehce of the Lessor, the Lessor shall not be liable to the Lessee or any other person for any injury, luss or damage. to,properl.y or4o,any person on the premises. IX FiiRE AND OTHER ^HAZARDS 1. In the event that the demised promises. or the major part the'i•eof, a1•e dedtfdYcdV.fir�rligttltning; storm or other casualty, the Lessor at its option may forthwith repair the damage to such1tie""r3liied.premises at its own cost and expense. The rental thereon shall cease until the completion of such repairs a4tt b9f.a'!ssor will immediately refund the pro rats piu•t of any rentals paid in advance by the UesS4'Orl8t'td•sath'desirticttbhllshould'tRA pyornises be only partly destroyed, ,,o that the major par•.t. thcreofJs-usable by the Lessee, then the rental shall abate to itiei�Atent that; t1}e injureci,pn damaged part;l)ta,Ns to,tlte.,whole of.sueh prem}s s.ar{disucizJn, jupy Srcdamage shall be Kc�si-or�g icy Ehe I:f�ssor,iis sppeedily,iis is,p>i,t3. , a. a and:up I', he,egii�plet�on.of sucj. re•'pa)rs,;rtfieklltregto. hall commence and the lease shnlf then continue the balance of the term. _.'l. The. Lessor shall,pruvide for fiie.procpVtion.during_the ter.mLof this, -lease ire:a(ceordanceawltikitheifire safety standtrds of the State Firie Wrshal, The Lessor'• -'shall be responsible for maintendnce!and.rep'ainmbf~allifire prtrtection equipment,nec vsiary to conform to the requirements of,the State Fire Marshal. The Lessor. agtees-that i+ the tleil.ised premises shall he available for inspection by the -State Fire Marshal, prior to occupancy by the Lessee,::: and at any reasonable time thereAfter. , •. ,,; f 3. The Lessor certifies that no.asbestos was used in the construction of the demised, Premises or tat if asbesi t5� �vR rtiseti;e'k�tidiis!' ha�7e 6Uj+,��''ctoiiiplf3t'eo to 'c'ab� 6c - s b °tli�' usl;!bf �Bes lrtaa rN ,,.. i. Ti: i:�1CK!• +P•i�tl �T• •,'. [h ,correct the haz9fd6•: ir1• •,:.' - 1('. 1 3r�.f j'i °.,' .l c',r� i%.,:•R J.�ltf,•,i1'�•'1,•1!1 X EXPIRATION OF TERM~ .)di . )At t.he•exppWation.of the term-the••Lessee will+.ppeaceably yieldfup tocthe.•L' essor+therdemised premises in good and tenantable repair. It is understood and agreed•between•the'.p'al• bred- that the •Lesaee shallehavaiithe;right to remove from the premises all personal property of the Lessee and all fixtures, machino.r.rX equipment, appurtenances and appliancesplaced,or installed on'.the'premises-by'it,.proV.itl'edthe'L'ebtee,rteatdtes'the premises to as 'good a state of repair as they were prior to the removal. XI SUBLETTING AND 'ASSIGNMENT "ti.; ;��ibar'�ni Sr* . • . 41 , , lu gab T}2e,:Lessee; uppon: the obt.&ining„oi the„)written ic.onsent of the Lessor,.,which,.witten :&onsent sh not caprici&isly Tie withfield,•s.�Zf;have the.r19-he t*d sublet'a4 or;anj.,;part.of the demisedpretriiseei or�tc�,asPgn all or any part of the de:mised'piemises. XII;;t:• Il jT CON'SENT'40 SUE ; .. .. .. , •, I r (,i ,;..,,.. .i, t• .. ., , •. �. I ••i'ti � ' f'. t' ( )(i•. .1?,4i) t' ^l7 :1'he provisions; terms or conditions of this lease shall;no� lie cot}strued as'a.consentlg a�ie;��ta. o Xgrida to be• sued because of said lease hold. XIII WAIVER OF DEFAULTS The waiver by the Lessor of any breach of this;aease by the -Lessee shall not be-constriied as a'wdiver of any subsequent breach of any duty.pr covenant imposed bye this- lease: '; , : , .•. ; ,. ,. ; ; ,�; v l ; t•.,,til f t t KIV c,.' RiG%IT OF;LESSOR;TO1i4' ECT ; (�j r t•" rt.' c gr f '•,.;•, ". i( J .(• 1E. ,r• ,r•(ill! (I 71 Oj71i�?.I Fii� lil. The Asor, at aW reasonable times,'may enter into end upon the demised'premises for thhe pU io rvfe% ing tha:4same,andfoc the purposepf making,any.suchcepairs as they areiregpjr,ed.to.make.under the,tlerMs of this lease. ;•;h t, ! ::'U, ::! ' Ir !' . ' :.� .1} .j�. ; :,.ri r%f''•'F rd Zia an 3ci� X� BREACH'OF COVEhIANT rr, 'f.L'.r �•! fii^, 1(i) !i:^lu 1 llf).1girl ',a r1L•'��,,�� hgse presente are,u op thi Condition, that, excepts, pro�id" �n ius lease,.if t ie.. sseae shad neglect r: i r. 1. ;• ,. . ,.fpr7., r- o• f•_,n , c•.,, ._••.... or E`a)1 ` (i perform or oh'sert a 1ny covenant Herein coiitaiia;ii;rhicli :o�,%ssge start is to .pe�,gr ecilband ,� .. sucli•,default,�jiall coutiii.ue�for. a pef�od of thirat3�•,(3�1.dAy,saaftgx•• ceip lgf;wt,�i en'clp�tic}e�ti �e�rgo ifrQrta t e�)Jessor to the Lessee, then the t6sor, lawfully; may„ :imil 1;itbly,;t oltiatti'�ny t, }ifi iQhereafte;,; al11j�;►�N1!~ u>+,f+?t~tltei llt<4tice or demand, enter into and upon the demised premises, or any part thereof, and reposseqsrt>}estamepAgfpheir fgrmer estate and,ex?elrthe Lessee and remove itsyg�ffects)forcefuU�,,{f, cess r+y,.l;withaut•beiiiWl,�kel,lo%aeemed to be niit. y,,of any;,timainner of;�respass, and.thereupon'tMs;demise•shal terri?iinate but without pcgau•�lge•(to any remedy whiff h riugfit otherwise be used tiy'the Lessor for arrears of rent or for,any breaic)1 oflthei,esseelsjgovenanl4shgrein contained:ir)• 'r; i. :,r,' ;,� r. . �, ;J. r,, n: r:.'r ' „ rt+' , tl ,., , �.I art 1' .S XV1"'' RG�_KNbWf;)Il1GMET'OF AyS�IGNENT !i t .' t : •i + s anr�, 1ifL�i nf(,1 bas'�x ! •r 1:•',.!U'� .. ?i; .•, :i • o~ u; :r _,. •'(Ir•.: ":.::5'1•�IIl1b:i That the Lessee upon the request of (he Lessor shall execute,such acknowledgment or acknowledgments, or any assignment, or a�s$ignments, of rentals and profits made by,the. GeS§ot to any third person, fum or corporation, provided thaE.'the Lesso'f will'not makg such'request unless required �oi�)oso By the M'ortga ee undesr�air}o.1 .. , or moiltgages;,'executed.by'thci Lessor. ! n!••, 'lOi7i.if)I r r Irl! XVII `+ 'TAXES, ;INSURANCE A•NU'LO1NIViiISSION6 `.': i a t• ,; ;r., ,,^, ' Ir !1' 1 •>, :• , .: , " , , , ,'r ses `L"essor shall 1, Lessor shall pay all real estate.taxes and fire in§urance'pOemtums •on,th'e demieed.pfgr�ti , „ , not he liable to Car yl' ftrt insui"ce. on the.pers'on or prop66; of the Lessee. or• any.o,ther person or property which mayI,now or: herteafi er' be placed iri the demised premises. 2, Lessor agrees, covenants, certifies and warrants to Lessee that no portion of the rent payable•pursuant to Ar.ticle,Il.,of, ,this f ease,�greement includes, represents..is'based on or,is'attributable,.to;any;;coinmission or fee "w.hicn.Js paid,.or is'-p6t 6le.by:,Lessor.as the result ofrLessor's. having • titilized;or!contracted,for the services of any real estate broker,-,alesman; agent or firm in: any:aspect:of Lessors dealings br.rany':dealings,irivolving the leasing of, the, demised premises to Lessee. �� '� !� "" 'r! T I. XVIII AVAILABILITY OF FUNDS ''•. i i':. ' Thu -State of Florida's performance and obligation to pay under this, contract=is contigf Tit upon an annual -appropriation by the Legislature. F.S. 255.2502 ` `' XIX� ,' USE•OF PREMISES The Lessee will not -.make or suffer any ulllawJul, improper or -offensive use of'thelpremises ar'anyf'Lse or occupancy thereof contrary w the laws of the Stag of Flurida ur to iucli Ordinances *of -the-City and/or County in which the denused premises are located, now or hereinafter made; as may be applicable to the Lessee. ,1 FM 40FA (RI2,W) Loris No, 2475 RENEWAL The Lessee is hereby granted the option to renew this lease for an additional ? 1 year($) upon the same terms and conditions. If the Lessee desires to renew this lease under the provisions of this Article, If $hall. give the Lessor,written'notics thereof not more than six months nor less than three months prior to the <expiratlon-of the }erm provided In Article I of this Lease or any applicable renewal period. Said option to X�Y ItIG1HT TO TERMINATE renew shall be subject to mutual consent of both parties. The Lessee shall have the right to terminate, without penalty, this lease in the event a State owned building becomes available to the Lessae_for occupancy during the term of said lease for the purposes for which this space i.e being.leasedin,the County of Dade Florida, upon giving six (6) months advance written notice to the Lessor by Certified Mail, Return Receipt Requested, `XXII; . NOTICES AND INVOICES All notices required to be served upon the Lessor shall be served by Registered or Certified Mail, Return 'Receipt Requested; at P•0. Box 33-0708,_ Coconut Grove. Miami FL 33133 and all (street) . (City) IZip e) notices required 'to be served upon the Lessee shall be served by Registered or Certified Mail, Return Receipt Requested; at the address of the Lessee at 401 N.W. Second Avenue, Suite S-721, Miami FL 33128 (Strut) (City) (Zip ) Invoices, in triplicate, shall be submitted monthly to: Faci l i ties Services Manager XXIII DEFINITION; OF. TERMS (a) The terms "lease;" ''lease agreement," or "agreement" shall be inclusive of each other and shall also include .an renewals, extensions or modifications of this lease. (b)The terms "Lessor" and "Lessee shall include the successors and assigns for the parties hereto. (c) ;The singular shall include the plural and the plural shall include the singular whenever the context so requires or permits. XXIV ; ADDITIONAL TERMS (Check One) X Any and all additional covenants or conditions appear on the attached. No additional covenants or conditions form a part of this lease. IN WITNESS WHEREOF, the parties hereto have hereunto executed this instrument for the purpose herein expressed, the day and year above written. ANY LEASE . SHALL NOT BECOME LEGALLY EFFECTIVE UNTIL APPROVED/ACCEPTED BY THE DEPARTMENT OF, GENERAL SERVICES. ORIGINAL SIGNATURE REQUIRED ON ALL COPIES If Lessor is an Individuals Signed, sealed and delivered in the presence of: NAME OF LESSOR: (SEAL) As TO LESSOR(SEAL) If Lessor is_a:Corporation, Partnership, Trust, etc: Name of Corporation, Partnership, Trust, etc: :Signed, seated and delivered in the presence ofc City of Miami, A Municipal Corp. By. (SEAL) Itst, Geeer it Partiwr. Tntaue Cesar H. Odio, City Manager AS TO President, General Partner. Trustee ATTEST: - - - — Matty Hirai City CITiWo"ry LESSEE: Signed, sealed .and delivered in STATE OF FLORIDA the presence oh DEPARTMENT OF By: Agency Head AS TO LESSEE �r APPROVED AS TO FORM AND LEGALITY, APPROVAL AS TO CONDITIONS AND SUBJECT ONLY TO FULL AND PROPER NEED THEREFORE EXECUTION BY THE PARTIES, DEPARTMENT OF GENERAL SERVICES GENERAL COUNSEL DEPARTMENT OF Division of Facilities Management By: Approval Date r=. k Executive Director fY ,y r 158 Page 3 of 3 F.N14064 (RIZ190) 94 158 94-- 158