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HomeMy WebLinkAboutR-87-0972Q J-87-989 10/22/87 RESOLUTION NO. 87-9"d A RESOLUTION APPROVING CENTRUST SAVINGS BANK'S "MOTION TO STAY" ENFORCEMENT PROCEEDINGS ENSUING PURSUANT TO RESOLUTION NO. 87-754 RELATIVE TO THE CENTRUST SAVINGS BANK SIGNS ATOP THE NEW WORLD TOWER BUILDING, UNTIL FINAL RESOLUTION OF AN APPEAL WHICH IS PRESENTLY PENDING IN THE JUDICIAL SYSTEM. WHEREAS, the City Commission has jurisdiction, pursuant to Florida Rule of Appellate Procedure 9.310(a), to entertain a request for a Motion to Stay its Orders; and WHEREAS, on July 27, 1987, CENTRUST SAVINGS BANK, Appellant in one of the pertinent Circuit Court proceedings, timely filed a "Motion for Stay" with the City Clerk, pursuant to Florida Rules of Appellate Procedure, seeking to have this City Commission issue a mandate staying enforcement proceedings until the matter has been decided in the judicial system; and WHEREAS, the City Commission, at its meeting of October 22, 1987, after having heard arguments by counsel for the Movant/Appellant, Centrust Savings Bank, and Counsel for the owners of the New World Tower Building, I.R.E. State Fund, Ltd., and having heard recommendations of the City Attorney, hereby renders its decision and Order, as set forth below; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. Resolution No. 87-754 is hereby stayed and the status quo regarding the Centrust signs atop the. New World Tower Building at 100 Biscayne Boulevard shall be maintained until such time as it is judicially determined otherwise by a Court of competent jurisdiction, or until the appeal of Resolution No. 87-754, presently pending in the Appellate Division of the Circuit Court, is resolved by said Court or a higher tribunal. Section 2. The Building and Zoning Department of the City of Miami is hereby directed to abstain from efforts to CITY COMMISSION MEETING OF OCT `i 1987 RESOLUTION No. EMARIM. remove the signs from atop the building in question until this stay is dissolved. Section 3. This stay shall remain in effect until it is dissolved by action of this City Commission, or by a Court of competent jurisdiction, or appellate proceedings giving rise to this motion are concluded. Upon conclusion of the subject appellate proceedings, this motion will automatically dissolve, without further action of this Commission, thirty (30) days subsequent to a final Appellate Order which, itself, has not become the subject of an appeal. PASSED AND ADOPTED this 22nd day of October , 1987. XAVIER L. SUA , MA OR AT MATTY HIRAI CITY CLERK PREPARED AND APPROVED BY: JCIEL E. MAXWELL (A SISTANT CITY ATTORNEY APPROV TO FORM AND C TNESS: 'CIA A. DOUG�IERTY ITY ATTORNEY/ -2- OCT— 14-07 WED 1 !%�®39 LAW DEPT � P 4 CITY OR INIAMI. /LOOMDA MTKO-OPPICIt MEMORANDUM 1 0 Honorable Mayor and Members DATE; October 14, 1987 01L11.L..B'f-92 of the Ci Commission AityVAtto%neyVher 100 M. bise. Blvd. - Centrust Signs Discussion on Motion for Stays CC Mtg. of 10/22/87 Poo" . ug"crcllamcce: Resolution No. 87-7541 ENCIOSUIKSs City Commission Meeting of July 23, 1997 (PZ-5) it In respectfully submitted that you consider the following, as a discussion item with possible legislation resulting, at your meeting of October 22, 1987: City commission action on a *Motion to Stay" enforcement proceedings, which have been Initiated pursuant to City Commission Resolution No. 87-754. The motion was filed by Centrust Oaving$ Bank, Appellant, in the appellate court review of said resolution. The •Motion to Stay' seeks to allow Centrust to maintain the status quo of its signs on the New World Tower Building, 100 No Biscayne Blvd., until disposition of appellate proceedings. At Your Meeting of July 13, 1987, you Adopted Resolution No. 87-7S 4w a copy of which is attached hereto, which denied a request to reverse a decision of the Zoning Board. The Zoning Board, earlier had reversed a decision of the Zoning Administrator which had permitted Centrust Savings Bank to erect signs on the New world Tower Building located at 100 p. Biscayne Blvd. Th0 building's owner, l.R.6. Estate fund, Ltd., had objected to placement of the signs on its building. Your decision, via Resolution No. 87-754, found that the requirements of subsection 2025.1.5 of the Zoning Ordinance had not been satisfied by Centrust inasmuch as Centrust Aid not have an adequate business presence in the building sufficient to permit erection of "on -site signs" on the building announcing their presence therein. Thus, you held that there was no basis for granting Centrust•s appeal of the Zoning Board's decision. Tour decision, eseentially, revoked the sign permits. As a consequence, Centrust appealed your decision to the Appellate Division of the Circuit Court, where it presently Fta-11 W 87 -972. OCT- 1 4 7 WEti i �42 LAW bEPT � P. i i The Honorable Ma or and Members October 14, 1967 of the City Commission Page 2 awaits preparation ofi the Record on Appeal and further adjudication. You should also be aware that there is also a separate case In the Circuit Court involving Centrust, T.R.E., and the subject signs. The City is not a party in that case. in that action, a loase which authorized Centrust to place its signs on the T.R.B. building, is in dispute.. On June 10, 1987, the Judge in that particular action issued an injunction which ordered all parties to maintain the status quo of the signs until administrative proceedings before the City Commission were concluded. Your decision of July 23, 1987, concluded those administrative proceedings. Consequently, on July 30, 1967, the City's Building Official issued an order revoking an earlier permit which had allowed the signs to be erected. on July 271 1987, Centrust filed a Motion for Stay with the City Clerk, pursuant to Fla.R.App.P. 9.310(a). That motion, which is the subject of this memorandum, and which should be heard and decided by you at your meeting of October 22, 1987, '(carried over from the cancelled September meeting) seeks to stay (deter) enforcement of your decision to revoke the sign permits until the Court's appellate decision on this matter in rendered. Although the "Stay" provision is not often used on matters emanating from the City Commission, it is well -settled that the Florida Rules of Appellate Procedure, of which "Stay" is an element, govern appeals from the City Commission. Further, F1a.R.App.P. 9.310(a) provides that: (a) Application. Except as provided by general law and in section (b) of this rule, a party seeking to stay a final or non -final order pending review shall file a motion in the lower tribunal, wh eh shall ave to rant dify or denz such relief. A stay pending review may be con t one upon the posting of a good and sufficient bond, other conditions, or both. (Emphasis supplied). As a consequence, it appear* that you have jurisdiction, as the "lower tribunal" in this particular instance, to entertain the subject "Notion for Stay." 8 7-9'72 • '» T-' ! 4-9 T WED 1?"N4's L-AW DEPT r P. 12 The honorable Mayor and Member& oatoper 14, 1987 of the City Commission Page 3 The Building Official and Zoning Administrator have been advised to defer enforcement proceedings until oouu render a decision on the request for stay. Enforcement subsequent to October 22, 1987, will, of course, depend on your ruling on Centrust's request. The Circuit Court,. in the previously mentioned separate action, is also awaiting your decision on this matter before it act$ further on a pending request to lift its injunction. LAD/JEM/db/p00 a Attachments eci Cesar R. Odio, City Manager Walter Pierce, Assistant City Manager Edith Fuentes, Director, Building and Zoning Dept. Santiago Jorge -Ventura, Building Official Joseph A. Genuardi, Zoning Administrator Sergio Rodriguez, Director, Planning Department Gloria Fox, Division Chief, bearing Boards 87-9'72 t • O['1`-14-87 WELD 1 39 LAW bEPT P03 09e7-66s(b) 7/i/47 RESOLUTION NO, 87-7 Air A RESOLUTION APPIRMING THE DECISION OF THE ZONING BOARD TO REVERSE THE DECISION OF THE ZONING ADMINISTRATOR TO ALLOW THE ISSUANCE OF A SIGN PERMIT POR AN ON -SITE SIGN TO B6 LOCATED AT 100 BISCAYNE BOULEVARD, PURSUANT TO SUBSECTION 20250105 Of ORDINANCE NO. 9500, THE ZONING ORDINANCE OR THE CITY OF MIAMI. WHEREAS, the Miami toning Board at its regular sooting of June 15, 1987, Item No. 3, following an advertised hearing, adopted Resolution in 77-87 by a 6 to 3 vote, reversing the decision of the Zoning Administrator to allow the issuance of a sign permit for an on -site sign to be located at 100 Biscayne Boulevard, Miami, Florida in accordance with subsection 2025.1.5 of ordinance No. 9500, the toning Ordinance of the City of Mlamil and WHEREAS, the applicant for the sign permit has taken an appeal to the City Commission from the Zoning Board's decision= and WHEREAS, the City Commission, after careful consideration of this matter finds that the requirements for an on -alto sign as set forth in subsection 2025.1.5 of Ordinance No. 9500, the •oning Ordinance of the City of Miami have not been met and further finds no other bests for granting the appeals SON, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDAs $action 1, the decision of the Miaai Zoning board to eeverso the decision of the toning Administrator to allow the Issuance of a sign permit for en on -site sign to be located at 100 Biscayne Soulevard, Miami, Florida, pursuant to oubseetion 20259195 of Ordinance No. 9500, the Boning Ordinance of the C1 O! Miami• is hereby •9firAed7-9072 — XOiMiS810N MEETING QF JUL $S Ol c vna� 87aW7. 4 EXHIBIT "A" tsawsl41 oft- 1 a-8? WED I?*** t-aw Y�Eat phsaBD AND ADO"Zo this .�23 a day of i4UIY 91987, Arr � NATTY1 CITY CLERK PREPARED AND APPROVED BY$ APPROVED TO FORM AND CORREC 8= M . ASSISTANT CITY ATTORNEY Cl"ATTORNZY17 CNN/r*i/M470 I WED ij!J •40 LAW bEPT (14 * fit, 0'f i n". ianti 101111 M FUEN11S� July 3 9 97- Tropical Sign Co. 760 West 27 Street Hialeaht Florida 33010 RE: 100 Biscayne Boulevard Building Permit No. 87-780 Gentlemen: P.O HETU H RECF1Pa• ?2'►-97.364 CISAR 14. OP10 Coto %I_vliKe-9 For your information, I am attaching a copy of the memorandum dated July 299 1987, from Joseph A. Genuardi, Zoning Administrator, requesting that Permit No. 87-780, issued on February 2, 1987 and No. 87-780 Rev., Saaued on April 249 19879 be revoked and that all signage in place at this time be removed. Section 304.4(d) of the South Florida Building Code states that 11 all parties, shall be notified before any action is taken. These building permits have been revoked and the field inspections have been stopped. If you need any further information, please contact Joseph A. Genuardi at 350-7960, weekdays from 8:00 A.H. to 5:00 P.M. A54ery truly yours, Santiago Jorg -Ventura, A.I.A. Assistant Director and Building Official SJV/er j/attch. cos Edith M. Fuentes, Director Stearn Weaver et al Centrust 150 W. Flagler Street 2 So. Bloc Blvd (1 613c Tower) Miami, Florida 33130 Miaeoi, Florida 33131 All Division Chiefs .*Joel Maxwell, Baq. All Section Chiefs Central tiles BUILDING AND ZONING WFARtMCM t>'f N.W. Ind ftrew?.0 Boll UPOUMlSrnr. ft i>12II~j" ISQ•YW Z ,s a a i; r 8 ­9"2 :i ��- FJ Clr_ T— i b—E:T Wr=b i 40 LAW b MPT Y �r�i /1/► 11��/ a t T CCTV OFF MIAMI. P60N dA INTER•Oa FICEP ML*MOAANOUM to Santiago Jorge -Ventura Assistant Director Wal . Cenuard ►*o•ldministrator Building 6 toning Department &4?8 July 29, 1967 WILL suoicei Sign Permit No. 87-78U for Centrust at 100 Ni Biscayne Ba�Ilevard 91t1PtO1eNC9*, 6hCL99V1js§. At the City Commission meeting of July 23, 1987, the Commission upheld the decision of the Zoning Board of June 15, 1987 that the Centrust - sign does not meet the rogtlirementa of the City of Miami Zoning ordinance 9500, as amended And cannot be considered an On -Site sign and, therefor Cannot be permitted on the building at 100 No 31scayne 8oulavard. This overturned ey opinion and I am thereby requesting that permit No. 87-780 issued on February 2, 1987 and 87-780 Rev issued on April 24, 1987 be revoked and that all signage in place at this time be removed. 2t you require any further Information, please let me know. JAG/la 4; Edith Fuentes Juan C. Coasales Enrique Can* Joel Maxwell Zoning the CCT-- 1 4—e7 WEiD 1 d i LAw isEPT /ems - P . 0 7 For Piok-Vv October 2, 1987 Pawl Lipton, Esq. Pine Jacobson Schwartz Nash Block a England One CenTrust Financial Center 100 S.E. Second Street Miami, Florida 33131 Re: CenTrust Litigations Cage No. 87-19173 (18) Our Telephone Conversations of September 17, 1987 r Dear Mr. Lipton& This letter serves to confirm our referenced conversation wherein I informed you that as a result of the City'$ cancellation of its October 8, 1987 meeting through no fault of CenTrust and its rescheduling of same to October 22, 1937 the City will not pursue removal or other action relative to the City Commission's revocation of permits for CenTrust's gigns, which are located on the New World Center Tower, 100 North Biscayne Blvd., pending the City Commission's hearing on CenTrust's Motion to stay Proceedings. The motion is now scheduled for hearing by the City Commission on October sat 1987. Enforcement subsequent to the October 22nd hearing will depend, of course, on the City Commission's ruling of the Appellants motion. Sincerely. jP Joel •2. Maxwell A Istant City Attorney O I 2 - 14-8T Web 1 bi41 LAW 3DEPT pav j fit. Lipton, 28q. October 2, 1997 Page Two This is Agreed to and Stipulated to by CenTrust Savings sank by and through my Office. P&ul R. Liptonp squ re Fine Jacobson $chwartz Nash Block 6 England 71 Attachment cc: Lucia A. Dougherty, City Attorney Thomasina Williams, Esquire, Stearns Weaver Miller Weissler Alhadeft 6 Sitterson, P.A. Stanley B. price, Fine Jacobson Schwartz Nash Block a England S7-9'72 OCT- 1 4-87 Web i(C�t 4 i LAW bMPT P 09 THE CITY :OMMTSSTON OF THE CITY Or MIAMI CENTROST SAVINGS BANK, Appellant, V. NOTICE OF APPEAL CITY OF MIAMI, Appellee. rlorida Bar No. 143648 NOTICE is given that CENTRUST SAVINGS BANK, Appellant, appeals pursuant to Rule 9.110(a)(2) Fla.R.App.P. to the Appellate Division of the Circuit Court for the Eleventh Judicial Circuit, the administrative decision of the City Commission of the City of Miami, rendered July 23, 1987. The nature of the decision in a final order which denied Appellant's appeal from an adverse ruling by the City of Miami's Zoning Board. I HEREBY CERTIFY that a true and correct copy of the foregoing was mailed this 2'yp�* day of Ju1V , 1987 to Lucia Allen Dougherty, City Attorney, 169 East Flagler street, Suite 1101, Miami, rL 33131 By: Stan 110JPAPrice FINE JACOBSON SCHWARTZ NASH BLOCK 6 ENGLAND, P.A. Attorneys for Appellant One CenTrust Financial Center 100 S.B. 2nd Street Miami, rL 33131 (305) 577-4015 10 FINN Jacoesow ScawwJeTZ X^AU 13&ocs k* XjroLAXp OiCT- i 4 S7 WED i001;Z-t 42 LAW DENT 00, 17. 1 a THE CITY COMMISSION OF THE CITY OF X1AM1 CENTRUST SAVINGS BANK, Appellant# �. MOTION FOR STAY CITY OF MIAMI, Appellee. Florida Dar No. 143648 COMES NOW, Appellant, •CENTRUST SAVINGS BANK and - moves pursuant to Rule 9.310(a), Fla.R.App.P. for a stay of that final decision of the City Commission dated July 23, 1987 and states as followst 1. The construction of the signs in question were pursuant to a valid building permit issued by Appellee, City. 2. The removal of the signs, without appropriate appellate review. will result in a substantial expenditure of funds by the Appellant. 3. The subject decision of the City Commission was wade in contravention of the express opinion of the City•s Zoning Administrator and the opinion of the City Attorney. WWMZFORE. Appellant prays for an. order of the City Commission to stay the enforcement action until such time as a final resolution of the appeal is determined by a court of competent jurisdiction. _ =REdY CERTIFY that a _true and correct copy of the foregoing was mailed this 3�T day of July 1907 to Lucia Allen Dougherty, City Attorney, 169 East rlagler Street, Suite 1101, MianLr FL 33131 00 By %s, a-� r ce FINE JACOBS= SCHWARTZ WASH BLOCK i MICLAND • P. A e Attor.neye for Appellant One CenTrust Financial Center 100 $.E, 2nd Street "Lewis, FL 33131 ( 305 ) $77-401$ 871 2' TWO JwW'Vasae'ScuwaMMNaga DUKU y_. AMA ►ice ���.- � �Q ERK M1, rtA. October 20, 1987 City Commission City of Miami 7500 Pan American Drive Miami, Florida 33133 Re: Centrust Motion to Stay Pending Appeal Dear Sir: This court has been advised that Centrust Savings Bank presently has a Motion to Stay pending before the city commission to be heard on October 22nd, 1987. I am requesting that Centrust Savings Bank's Motion to Stay be heard on October 22nd, 1987. Whatever consideration you can give would be greatly appreciated. Cordially, ROBERT H. NEWM N Judge, Circuit. Court llth Judicial Circuit Submitted into the public record in connection with itemi.02 � !S t • batty Hhcu tity Clerk xwn o�. UI�s �/.pr PM w � AMA p1�1.bp � r� liar �� 1y�► �� iAN •NI! Fine Jacobson Schwartz Nosh Block & England POW L Affiftit Caw U. Awkwuhr bier 1. AWbV WMttttat ;Tma""W J =psI. i a 240*Sad Chow rat. lor1. CWkN "1. CaMtw Cwtrthourt Late Plaza stow# it. Hel/eue CeoW L PLtt taetat 730 SautheM 3rd Avenue Berne Ja 40% Adhohm 1. Paean ArMw 1. a rw�. h. twt�r B. PeiM Fort Lattderdale� Florida 33318 AkAwd A. lowpher Am" Kann Holy st«tiey B. Price MAIL L It'New a J. lrw+twies-Qtitereet Tdeph~ (305) 40-28M Theedow Idetw Thsn�ar 1ltsjpn �u =owt itw+rr Ew Telerrol>ier (305) 482-4503 saeen At. JCewtin s. Schtoartt Ake L CabW arse B. CNIN&W Cable FOILTLAW Peter A. Ubi t J. Ph ft Lawmm leeeph H. Sweee sklart L. SMree imp L. Owns Tekz 522728 Henry Ummer Lynn D. Seb om MAWR C. CAW" Cc-y D. Upon Lynn C. WaehtnRbrt Dante A. fl Bonno Look Jknenet Atdlord Jay Weir c6sy T. g C~ N. NoDaodl Lode Ann Weld Saphw L g� Cho" E. NnWr 11 IWM A. S. WiQieeuon aw* S. Behar Nash J. Nah swe Bwi Bart wuhm Jay Pain , a. A rri 1. g1, Ohee B. Pakor October 8, 1987 Joel Maxwell, Esq. City Attorney City of Miami 169 E. Flagler Street Suite 1101 Miami, FL 33131 Re: CenTrust Savings Bank Dear Joel: Pursuant to our conversation of October 6, 1987 enclosed you will find a series of documents which although are self-explanatory I would like to delineate herein for your review. A. Sign Lease - This is a lease executed December 16, 1983 between the New World Tower Associates, Ltd. (the predecessor to the current landlord) and Dade Savings and Loan Association (the predecessor to the current tenant - CenTrust Savings). Paragraph one permits the tenant to place the sign on the subject building. ✓B. Consent letter dated October 24, 1986 executed by the* current landlord which not only consents to the installation of the signs which were described on the drawings prepared by Sheldon and Lavarich, Inc. Consulting Engineers but further provides that the landlord, at its costs, may, with respect to the signs on the east and west sides of the building, either raise them to a higher elevation or mount them closer to or flush against the face of the building. Miami office One CenT►wt Financial Center 1W Somdwm :nd Street Miami. Florida 33131 Telephone (305) 577.40W Telwopier (305) 577.4088 Coble FLORIDALAW Submitted into the public record in connection with item 142 Y on • 2 Zwyr Matty Hirai Z�B City Clerk o 100ft"k loft ��ir •� sArts 1`t11h i1M •aN UN "-- Cow t W=ti IM POW NW - aof 6ft m fttt ftwL few area Bm m TdWaM ftM 8W -1W Oir allt PNNS-= P"�.d1Y R Joel Maxwell, Esq. October 8, 1987 Page Two C. A letter dated August 280, 1987 from Harry Payton of Payton & Rachlin, P.A. addressed to Alan Morris Co. (real estate agent for the landlord) in which it states that pursuant to section six of its' lease Payton & Rachlin request the landlord's consent to the sub -letting of their space to CenTrust Savings Bank. "A letter dated September 21, 1987 denying consent. This letter is written by Richard A. Brasch of Stearns, Weaver to Harry Payton. The remaining documents are the underlying lease and assignment documents leading up to Payton & Rachlin's sub -lease. The relevant section in the underlying lease dated April 21, 1978 is contained in paragraph six entitled Assignment and Subletting. In that section it is stated that the lessee will = not sublet the premises or any part thereof without lessor's written consent, which consent shall not be unreasonably withheld, except that lessee may sublet offices and the right to use the common areas to other attorneys or business associates without obtaining the consent of the lessor. VD. A letter dated August 28, 1987 executed by Cushman & Wakefield of Florida, Inc. agreed and accepted to by CenTrust Savings Bank and Steel, Hector and Davis outlining the terms and - conditions of a sub -lease from September 1, 1987 to January 31, 1988. vlk September 9, 1987 letter from Steel, Hector and Davis to Alan Morris Co. requesting consent for the sub -lease to CenTrust Savings Bank. / A September 17, 1987 letter from Richard A. Brasch denying consent. The remaining underlying documents are the various leases and other documents pertaining to assignments. In the lease dated on or about December 20, 1977 paragraph 6 is entitled assignment and subletting. It states that the lessee Submitted into the public record in connection with item_ on .� 197-"-972 Matty Dire Fine Jacobson Schwartz :Nash Block & England City Clerk ------------ wofte fto o ofM"Oft Aw o M.ar ftm "wow &$"MOMMOM. +i. . moft o, ..inn •me a "We"Pe tw I &a m bow wa ii .A Trot&1-M W" hs, boa Ago a -*w we# Imea sort ow IN am."a pow-Ims P006- 1 V" r wow wow C Joel Maxwell, Esq. October 8, 1987 Page Three will not sublet the premises or any part thereof without lessor's written consent, which consent shall not unreasonably withheld, except that lessee may sublet offices and the right to use the common areas to other attorneys, or accountants, without obtaining consent of the lessor. In the latter case, lessee shall require the person, firm or corporation subletting office space to assume in writing all the terms and conditions of this lease on the part of the lessee of any sub -lease. CenTrust can comply with this provision and yet has been denied access. It has been the position of CenTrust that having a mortgage on the property is sufficient presence to be in conformance with the ordinance. However, without prejudice to our initial position, we obtained a resident agent in the building which we believed further complied with the ordinance which required some type of service, accommodation or activities to be performed on the premises. Once again without prejudice to our initial position when the city has indicated that additional presence was required we have made all attempts, in good faith, to obtain additional presence in that building. We are in the process of formalizing our supplement to - complaint which is seeking, among other things, declaratory relief as to our rights for access to the building and the position of IRE which has summarily denied consent to additional space in the building by CenTrust. I will be providing to you a courtesy copy' of the supplemental complaint when it is formalized. our client has always acted in good faith in attempting to satisfy the various requirements of the city at each level of this matter. Submitted into the public record in connection with item J on 10. el-7 Matty Hirai City Clerk Fine Jacobson Schwartz Nash Block & England 87--972 MAIN aft an .s ftWW G"W fto vow fts em a iM A s�.►aw .a err ww rw,r irwea..oa X" I" wV. mmft.ea+•� aooaw,.w,a&r.+ r.goo Wa raw".an Pam-ml owas—ml pyW-4+06 H�� woo' r �i • fir• ��� �V • � 11YIK fil� Joel Maxwell, Esq, October 8, 1987 Page Four Once again all those efforts have been without prejudice to our client and for the sole purpose of attempting to amicably resolve the various issues for all parties concerned. If you have any additional questions as a result of reviewing the documents or my outline herein kindly advise and it would be our pleasure to comply. Once again it was a pleasure meeting with you on October 6, 1987 as always. Cordially, FINE JACOBSON SCHMARTZ NASH BLOCK G ENGLAND, P.A. BY: �PAUL R. LIPTON, ESQ. PRL/kd Enc. cc: Stanley Price, Esq. Mr. Ed Abbott, CenTrust Savings Bank 41tl008p1 IMw. fto mm •MN T�50 Submitted into the public record in connection vvvih itenmla,A— on 0 • 24 . 41 Matty Hirai City Clerk Fine Jacobson Schwartz .Nash Block & England IS 7--9'72 o•e. Now CMwr1 1" 061.dw � "W .„ O•wwo� pww w 20*0 ftw Mm% ftw om go w-01 4 • + rNr�tr oa.. �,„,aot�ttw �JSI I k';::SA:. BANX cr M.:A)4.1 :.R.E. 4L tS`ATt ruse-.-5E?•_= as .,:ste* ender Lard :`rust :.R.E. AtAL t5TATt ECHO• Lto. No. S001301 1320 South Dixie Highway 2S Meet P1691er street Coral Cables, Florida 13:46 • !!ia.•+i. Florida 33102•5611 October 24, 1946 cantrust Savings sank 101 last Plagler $treat Miami. Rlorida 33131 Rs: That certain Sign Lease dated oecesaber li, 19/3 by and between Now world Tower Associates* Ltd., an Illinois partnership, as Landlord, and Dade Savings and Loan Association, a tlorida eort►oration, as Tenant Centlesen: We are the successors in interest to the Landlord and you are the successors in interest to the Tenant pursuant to the above -referenced Lease. �caco -• ww�.,aGaa� apVaONrv• •WU 4MUWAR vassv Righway, • a e, Florida 33009 wider their Job me. 86050 dated for approwal October 21. 1944. -a - rooLe scanted to t the ak- el the Laasy,Jad that the `apAURIy atsts coos._ with w respect to the signs os the east and et midst oZ the building, either raise tbes to her elowa 1 as all aPP lied Wisp eosin st the ce 41 not e La or shall repair any aaage to s gns caused by moving ties. Please acknowledge roar consent to this Condition► by signinq the enclosed Copy of this letter and retarning _ it to I.R.L. Real Rotate !undo Ltd. at the above address. Very truly yours, CITY N&TI01" UM Of RUNS. as Trustee wider Land Trust No. 500430O •yf a • IRVING . E , vice President Trost officer CfrV 1101ip1111� O 11NIe MEMM 11ss .sf.�fl�frse�a••snnf•f•t�r�eifuwnaw Majow 1j' no sir 610sINOW ells r Submitted into the public ,'°' "*I area" "aw } - •,s7w r.s 1wtalfrea. record in connection with f on I�D-=•Z�&• item— Matty Hirai City Clerk t • f�irll!• J�*��i � ` - y.�}` •S r� rIRS& • 87-AJ72 him oft wsM his Os11k Qsss 60011sW OMO O1s111s�r 0�tf11 M 0 Mf/sMs TMfsiMas Osss 4W 01:/Isas f WWW 00ar Meer. NVINs Mtii •am O M • MIMM 1M ""*"a Caws 1 aM w11M fits 1Ngt slow w sD1 girl W+rw M aft s►►.1s1� Who Ilia sAK fto sm 4w Piss O WL few s11M MMtfllw ftnlss am •IW pfj 01t�w Two •1-M pM sM•0111 P4416.01 wariiw �. iM►iifi�il � rrfuy fw � t NtA • w•rE ,t,p New woks fewto At � fM 'r ifidairt to %,*VAflp ' fwrt�,+►w+rr uNf► ii�Mf. ftaRfoA SS!M ��. rtw� a 4ASUO 60 August 2 19 �' Irrse+wr.e iaeu a�f• i�•rs • .e+w. eef .+Rees emit. Tom% A"600e9 and Delivery • Certified Mail Submitiod into t?Zo public . • record in corn ction with Alan Morris Co. 100 North Biscayne Blvd. item I on Miami, plorida 33131' IVlatty Hirai Attn: Mr. Dale Graham City Clerk Rat Lease from Flo-Nom Corporation to Roberts i Holland as transferred to Payton and Rachlin, P.A. for 2, S1f sq. ft., 18 fl. New world Tow*r (the "Lease") Dear Sirs: Pursuant to Section 6 of the Lease, we request :he Landlord's consent to the subletting of our space under the Leas* to CenTrust Savings Hank. CenTrust Savings Dank agrees to be subject to all of the Lessor's remedies under the Leas*. very truly yours,.. Payton and Racnlint P.A. By: cc: City National •Bank as Trustee 25 West ylagier Street Miami, Florida, 33130 Attn: Irving J. Lehrer, V.P. i Trust Officer Regarding Trust 5a08308 2RE Real Estate Fund. Ltd. Series 25 In Real Estate Funds, Ltd. Series 26 1320 S. Dixie Sighway Coral Gables. Florida 33146 Atta: Alan B. Levan, Managing General Partner 8'7-9'72 -- Exhibit "A" f� �s Oenir � �e vow was Mw � MMMw ONO t N NaFft 0s � PNe itch.Off �Ie W� I1rMM #Mt besp MiRaOf•/iM il•fvtl 'Y non' t ilk wAw CrrICES M.;=.= WEB AtirAmilP & Sirr=so:v, P. A. MUSCUM tbwt" ISO WC64' PLAOLOR StOO f Xt"M W.02=A **ISO 130311169• 3900 • *t►es SI $198 vaACC•-tms 13091 lag- 3309 . ?SO- 3304 t 0.traw0 a►macerr OAVIA opt.► MAIUS ►OIr•st . A6.1691I woofelsoo m 011%916992 ►A"ataCC . CAI.•% maawjmw j MCMtNOts ► e& a stbMlTT A►IsON W W►►tm sYsale r.tM.I.G stNNCTT Ct►tsrt ae"Is wiftwo ► m.CrAaO A SO&OCM owso soYUAattees *a"smAtLAtsa• ReVVI. O. OM CLAImt SAI►t- CAOOAwa• sTtifth•ANIt 1. mIN`.Ims C►441'r.4 A.IM C�C1YO stevtA O. Ruam MOwa.O s CO«N OAIL 70111001 stmoTA VAN s COOK a/MMAm/t slwtwa SCV% r"O"As CmA/Mt CY"TIs M so"ERSON CAM"16 /Cm A OCTtt► OAwO N/O►atm ►&SWIL AO"tM tYANs YAM O. scmjav a.A+ w PCs% Camp► W spill" Csa.O A r0►Os CU69"t C. STtwONs mpst"Am9 rmaNas. rym"AN CIMOG COW&NO sTt.N %esete ► G06,0ST96% .IAII a. STtINMAft iCA•t.t It -ANNa COW&WO A GTtmN A. -Cc m •.YNtwcw" smaOrOmO !WINO CComOs N. N•••I OtNNIs a TysNCs TCoo• O .►INdl.arrcm mowA►o L. Wcavcm SUSAN 16tY1411C 008ew I WCIssLtm Om.AS . ..e00N000" 0A1111ICIA O. wt..[s ..C.•I.OA . ••ON•C••O" T.101046041A " WI►►ISMS 008Cm* • MAOa MAm*IN •. Opmas Mr. Harry Payton Payton and Rachlin, P.A. Suite 1810r New world Tower 100 North Biscayne Boulevard Miami, Florida 33132 Dear Mr. Payton: September 2r 1987 ti SEP PAIN ...+ bwe" A. ►te1<o st"IeR COYMOU TArMA OrIPICC sv.+t »00 ONt #Aida& C•f+ CtMT[M •pit Orrice not 3899 rArAA. ♦►OOICA 33001 te'21 x: :eoC 011.A11600 CVVICC lN•Tt goo M"wcrT h.AZA M sOYT.. Om ANdt Avtowwt OOLANOO. r�00110A 38801 13051 to • 4000 or COU"SC► AO►Otoo O OvmAN The undersigned firm represents IRE Real Estate Fund, Ltd. --Series 2S and IRE Real Estate Fund, Ltd. --Series 25 ("I.R.E."), the owners and lessors of New World Tower in which you are currently leasing office space. This letter is in reference to your correspondence dated August 28, 1987, in which you requested the landlord's consent to the subletting of your space to Centrust Savings Bank. Please be advised that IRE does not approve of your subletting or transferring any leasehold interest to Gentrust Savings Bank. As you are awarer the original "consent to assignment" executed by the former lessor, which allowed ..your firm to assume possession of the premises, specifically provides that "lessor does not hereby consent to any further assignment or to any subletting of the domised premises." EXHIBIT "E" Submitted into the public record in connec-tion cith on f '�7 -- Ma 11ty Hirai City Clerk 8t7-a9'72 IM�r► Ihn�s � •II�N IIp M�M11� Ctgr t Y►.� ?� � •pr Mitt, itMn �U1M►lNlrr t>wl.� OrrM�l! t11A1 �11� /IMMIt>tlf� M 1tI111a m01 •tW ��•f111f > �• M ° Mr. Harry Payton� September 2, 1907 Page 2 We believe this letter adequately responds to your request. However, should you have any further inquiries, please contact the undersigned. RAB/sz cc: Marshall R. Burack, Esq. Linda Davis Eugene E. Stearns, Esq. Sinc7e �ely, Richard A. Brasch Submitted into the public record in coiinactic a item on low Nutty Hitch N City Clerk 8'7-9 !2 STEARNS W'LALVER �+IrLLER WEZSSLER XXAMar•r & SrTTERSO:K. P... wo ftle MMA 04maw Iuifaf 14r►OM '� _ dw �r�1MIt IiMriobl 0w�r � � 16 Mwmbo 40 APO PM WIV _ »Qh 4�/! Wiwir MMi► falr� illit • ayN 1� MfAwrl� OMIA 1 wM i OIIM► pow ff al.N0► ilw 7A PON 920A rwMA as w M NMIf1111 w • Im TOWN -pm POM-INN PONW-MI —, -fib AWOrm L WSkdkW of FUtida.lnc Ltoa u*d Reel Epee BMW$ 800 Stickel A"ntw. Suke 1200, Miami. FL 33131 ( 371.4411 August 28, 1987 Submitted into the public Mr. Richard Braun record in connection with Executive Director Item ! Steel, Hector 6 Davis --- on • '_„ • �� 4000 Southeast Financial Center Miami, Florida 33131 I�,Iatty Hirai RE: Letter of Intent Pursuant to the Proposed City Clerk Sublease/Assignment of Premises in The New World Tower Office Building 100 N. Biscayne Boulevard, Miami, Florida Dear Mr. Braun: This letter will serve to confirm our understanding with regard to the terms and conditions of a sublease/assignment of the above referenced space: PREMISES: Approximately 3,245 rentable square feet on the southeastern portion of the 30th floor (see attached plan). TERM: September 1, 1987 to January 31, 1988. RENTAL: $3,245.00 per month plus applicable sales tax. CONSENT OF THE LANDLORD: This offer is conditioned upon sublessor obtaining the consent of the landlord as to an assignment or sublease pursuant to the lease. CONDITION OF PREMISES: Premises are accepted in an "as is" condition. This letter is intended as a binding letter of intent subject only to the necessary consent by the landlord. If the foregoing terns and conditions are acceptable, please acknowledge where indicated and arrange for the preparation of a sublease agreement, '— EXHIBIT "A" 8/7--9'72 rN .d ery 'Wevewu.m%. "WWW r Vapbot i. w+aft I*" dw sa "Wr +1 M M WNRGN . ,rnrrr AwM mw own M dMr.i wMs. • ' • ti .nvs JewWaow,. e1..nW d Mkt., null at ,rar "MOWMw +wwrwir ,V.nt wwm.ww is aw w.wir IwrM,M�...0 bw wr� aim kwaft k VA 0" wwoftsmoft Mwave r.aMw t P1i lIt•Ap �� �Mt •�,10► � AIM M1 no M ieV'�# �ka�► reaok,tw r IIH IT "� a Cu#hlinall 6lthkeAeld of fi�lorlda.lnG Mr. Richard Braun August 280 1987 Page 2 Upon receipt of a sublease agreement and consent of the landlord, my client will forward an executed sublease agreement with a check for the first month's rent immediately. Sincerely. CUSHMAN & WAKEFIELD OF FLORIDA, INC. Allen C. zarra /' ACO/cr AGREED b ACCEPTED: MTRUST DVMS 8ANK 00000 By: 7 A/e �../ Title: �p AGREED b . By: ,gr,r,- BR e t I M RucirrlYB Ti t I e :§'t'ei�;,,= IN 4W && it ouC.1l %,0j'A m ML41 L FL 4.rlr:.r,c.n Submitted into the public record iri connection with item �_ on-0 *2)_' r% Matty Hirai City Clerk 8'7--9'72 0^ 800 w.w ft" M� aM W NW" * .� v,.mor ftoow N* Ma vNOM wrrf..omn am aftm M fi term 40 ftW PW WW av+ 4%0 ww" MMw ftm sent • MM I= NIA CO» 1 M "v M IN Fwa am -1w M am" few no TMrM1�� pleft am +ICY "Wf w • wa h M 1 �f, 01111i-01 py -46,10 p .-_. __..__-... Romaba" t9MM 0"w a9•Nu Hans! Delivery Alan Morris Company 100 Borth Biscayne Boulevard Miami, Florida 33131 Atta: ter. Dale Graham 6eptes3ber 9, 1987 Roe Lease from Flo -Zen Corporation to High Stack Lazenby i Bender as transferred to Steel Hector s Davis for 7,421 square feet, 30th floor New World Tower (the 'Lease') Dear Sirs: Submiitcd in;c trc public rec©d in cc 1nc�uan ZJith item_ cn 10 • I'+'i Q t " Cli Y Clerk Pursuant to Section 6 of the Lease, we request the Landlord's consent to the subletting of approximately 3,245 rentable square feet on the Southeastern portion of the 30th floor (see attached plan) to CenTrust Savings Bank. CenTrust Savings Bank agrees to be subject to all of Lessor's remedies under the Lease# and any sublease entered into between the undersigned and CenTrust Savings Sank shall so provide. - Very truly yours, Steel Rector i Avis _ 9y: ces City National Sank as Trustee 25 Wiest Flagler Street !Masai, Florida 33130 Attn: Irving J. Lehrer, V.P. Regarding Trust 5008308 i Trust Officer IRB Heal Eetate Fund, Ltd. - Series 25 IRE Real fetate rmd, Ltd. - Series 26 1320 S. Dixie Eighway Coral Gables, Florida 33146 Attns Alan B. Levan, Hanging General Partner �as�..a w - � wrrar.arar ���M•!�I•sIM l�NAr��1 s1�4M serer soon -so .�.wr:r.+s:rr4.n.�aw •r.a�n.r.s�w ewrr.�fara•wr 14044•a. w ii p1A�f•�111 at+o► =T �� • w LAW orrlcEs STZAIW W v- S BA A4== Wxtsst= A.LuALIMPr et SrrTAimsor . A. MUstUMTOWCO ISO WEST ILAGLCR STOW MAP, ft og=w of M (3051 Tsi• 3200 • ttLtx 51 • Salt TSLteo�ItR+!(5os11T�ls•�s00• T�s•»ae t RICMARO ALNAOtrr DAVIA OOLLL MAZUR 1,041stit J ALLtN ANTONIO R MCNt"Ott LAWRCNCt.1. NAILIN FRANCISCO J. MtkChOCt 41tA 11. `a"NCTT ALISON W. MILL90 MAN rLtMINO •LNN[TT CtLiSTt NORMS MITOMtL RICMAGO A. iRASCH JOMN N MURATIOCS OODA GRA1LAvSNY N1VYN O. ORR CLAIRC SAILCY CARRAWAY STtPMANIt L. 101011.6IPS CYNTHIA ANN CLOUD STCVCN D. Rust" RONALD al. COHN OAIL DORrr SCROTA VAN 0. COOP KIMMARIC GINATRA •LTH THOMAS CRAINt CURTIS H. SIMPSON CNR/STOPMtR A. OCT19L DAVID SMOLIttR I.CSLIC ROSCRT CVANS MARK G. SOLOV ALA" M. VON CAROL W. SONCT CRAIO A. FOLDS tuOt"t t. attARws ROetwART r"ANKeL ruRMAN CRAIO COWARD STt1N LgT&O V. QOLOSTCON JAT A. STCINMAN JCAN1t C. MANNA tDWARO A. ST<RN ^LICK R. NUNCYCUTT SRAOrORO SWING OtOPOt N. JANN OtNNIS R. TVRNCR TCOOV 0. MLINOMOrrew RONALD L. WCAVCR SUSAN I69VINC ROSSRT I. WCISSLCR SRIAN J. MaDONOu4N PATRICIA O. WtLLtS MELINDA L. MCNICHOLS TMOMASINA H. WILLIAMS ROSCRT A. MAWO MARTIN •. WOODS Richard G. Braun, Esq. Steel Hector Davis 4000 Southeast -Financial Center Miami, Florida 33131 Dear Mr. Braun t September 17, 1987 OWLN s. ►1ltf0 6918101% DauNetL T&MOA OrF409 SUITC 3200 ONt T&MPA CITY CtNTtR •OST O►FICt set 31100 TAMPS. rLORIOA 3*001 (0171 tt7 • A000 ORLANDO OrF1C9 SUITt DOC GANNETT PLAZA. ZOt SOUTM ORANOt AVRNyR ORLANDO. FLORIOA 30601 (3051 Aft •ASOO orCOUNSCL ALFRCOO 0. auRAN HAND DELIVF lEimitted into the public record in coZncction tviil� itemAa,onlQ• Matty Hirai City Clerk The undersigned firm represents I.R.E. Real Estate T" Fund, Ltd. --Series 25 and I.R.E. Real Estate Fund, Ltd. --Series 26 t"I.R.E."). the owners and lessors of the New World Tower in which you are currently leasing office space. This letter is in reference to your correspondence dated September 9, 1987s in which you requested the landlord's consent to the subletting of your space to Centrust Savings Bank. Please be advised that I.R.E. does not approve of your subletting or transferring any leasehold interest to Centrust Savings Bank. We believe this letter adequately responds to your request, however, should you have any further inquires, please contact the undersigned. Sinc ly, R CHARD A. BRASCH RAB/s•z cc: Marshall R. Burack, Esq. Marty Seigel B"r- 972 Eugene E. Stearns, Esq. Joseph Klock, Esq. EXHIBIT "C"1v� COVENANTS AND CONDITIONS The following express covenants, stipulations and eo»- ditions are made t part of this lease. Submitted into the public COMPOSITE EXHIBIT q xd in connection vtii�'1 item. , ,,.�.,.._ on to • ..� vat City ; ?HI3 AG 1b __ _ OF into this ___ day of TCM AsSOCIASES LTD* * , after referred to as ASSOCIATION. a Florida 'Tenant"). Stem LEASE LEASE (this "Leas*") wads and entered. December, 1963, by and between m waRLD an tllinols limited partnership (hesg+_ ;• "Landlocd"), and DADE SAVI, 3 A.Mq LOA.Y corporation (hereinaf tar referred to as WI &.:S5' TR: WHEREAS, Tenant, as seller, and Landlord, as purchaser, entered into that certain Purchase/Sal• Agrsoment dated December _, 1983 (the "Contract"), for the sale and purchase of certain real estate consistinq of a multi -story office building (the "Office Buildinq") and a twelve (12) story parking garage (the "Parkinq Garage") commonly known as 100-130 North Biscayne Boulevard. Miami, Florida, all of which is located on the property more particularly described in Exhibit A attached hereto and made a part hereof (the "Land", together with the Office Buildinq and the Parkinq Garage are herein collectively referred to as the "Real Property"); and WHEREAS, pursuant to the terms of the Contract, Landlord and Tenant have agreed to execute and -deliver this Lease grant- inq Tenant the right to erect and maintain an advertisinq sign or szgrs on the roof of the Office Nuildiaq; NOW. TMusORE. in consideration of the recitals made above. all of which are incorporated into and made a part of t.�ts Lease and of the mutual covenants and agrsemonts contained ::ara:$. Landlord and -.Tenant covenant and agrse as follows: 1. Use. Purpose and installation. Subject to the %arms and conditions of this Lease, Landlord does hereby authorise Tenant to erect and maintain not more than lour (d) signs not exeeedinq 1S toot in height. one sign alb of tha perimeter of the root of the Office iuLiduw isrrohr sannor of the existing signs for Amocifirst !Mats i Lean Association at 100 S.Z. Tbird Avenue, !timed, Florida, for only the purpose of advortisinq the name and address of its savings and loan-inetitution or the name and address of any financial institution that is -the permitted successor or assign of Tenant. which signs- shall be in such loeatpns on tba root of tho oft;ce Building an gVreved by Landlord,L.Xxc4pt as expressly provided for heroin. Tenant vill have no other right to use the Office Building or the Real Property os. e an portion thereof without the Prior vrittan consent of Landlord. Prior to the installation and specificationslacesent of t for Bits slow MW the p�pesei LCOM Ssral therefor together with all copi** od piatureo, vor",%M to appear on said sign(st) , to Landlord for t and3,ect a Submitted into the pu}-Lc record in connection ,.-pith • i .` H-T S LT "A" item _ On • • Matty Hirai 8'7"9i2 City Clerk -- -- - _.� COVENANTS ACID CONDITIONS The following express covenants, stipulations and con- ditions are made a part of this base. Submitted into the public CgMPOSITZ WWIBIT 1890,' in connection % i,'_i item L. - one._•_ ., Mai3 _ City �rr • �002/G6i1 vrittrls eoa94nt, which consent shall not be unreasonably vi th+ held. Ttnsnt~ Shall have the right to install llghtixq fixtures on the root of this office Building and on its signs for t;;e purpose of ilghtinq its signs; provided onan: submits dattiled electrical plans and specifications therefor to Landlord for Landlord's -prior written consent. Tenant's right to erect and maintain an advertising sign or signs on the root of whe Ohio, building. shall be exclu=:ve, ex:spu as azi%oraise provided. This Lease is subject and subordinate to that certain Least dated August 29, 1979 respecting the Real Property whereby Marlin Limited Partnership and its successors and assigns (collectively 'Marlin") has certain rights to the entire roof area of the Office ridding. Tenant hereby agrees that no right of Tenant under this fosse can be ex- ercised unless and until written consent thereto dNNNN■` is obtained from Marlin and delivered to Landlord. Landlord and Tenant nereoy agree that in the event of any ineons;s:ancy between this Loose and' any other exist:aq lease or occupancy agreement. affecting the Office Buildinq, inel::dinq without limitation the root thereof. the terms and provisions of sueh other Iease or agreement shall prevail so long as sueh other lease or agreement shall be in effect. With respect to signs so i alled or placod'oa the root of the Office Building by Tenant. Teaaat will not iatarteve Wt4b, the structural integrity of the tfice Buildtaq and Tenant shall cause those portions of the Office Buildinq and Real Property affectad by the construction, installation, placement, saiata- nonce and removal of its signs and light:nq fixtures to be adequately safeguarded in a manner satisfac-::y to Landlord, so as to prevent any loss, damage or injury to Landlord or its employees os agents, tenants, invitses or t: ear respective prope=tY., tioulttAq,' from (or relat:nq in any way to) such construct$on, installation. placement, main:enares and removal. 4 2. She term of this Lease (the "Te;a') shall bender thirty (3 ) years' commencing on the date hereof ( subject to .: a condition precedent set forth in Paragraph 1 bersof) and trrmi- natinq on December 31. 2013, and shall be automi►t4cally renewed for consecutive tees of tan (10) years each, unless sooner terminated as provided herein. 3. Rent. During the Torn of this Lease, Tanant shall pay to Candle' at the office of Ljmdb fed Ittosftie putde is 2 record in connection -w, i 11,11i item _ on I. ii 01% 1101 8'7`9'724 Matty Hirai City Clerk COVENANTS AMD CONDITIONS The following express covenants, ditions are made b part of this lease. stipulations and con - Submitted into the pudic COMPOSITE 3IBIT ,� 90x in connection w i '_1. � item •�.',", •• i�",i'� Mate j- .. _ i :`. City ; c i, paragraph 27 below, or at such other place as Landlord say '., designate in writing. from time to time to Tenant, an annual rent of One. Rundrid. 'Dollars ($100. 00) ( the 'saga Rent") payable in advance tesraencinq on the data hereof and payable on each anniversary-h�reot through the Term hereof vithout dedicz on or offset. Tenant shall also pay before delinquency any aid all sales and/or rent taxes applicable to the Same Rant or to this Loa'se and provide Landlord with evtdsn.e of such pa}asn:s concurrently `herewith. The lase Rent toget ar with said sales and/or rent taxes and all other sums owed by Tenant to Landlord hereunder are hereinafter called the "Rent". 4. Permits, Licenses, Compliance With Laws. Notwithstand- inq anythinq in this Lasso to the contrary, Tonant shall have no authority to install any signs or lightinq fixtures on the roof of the Office 8uildinq until Tenant, at its sole cost and expense, has obtained all permits, licenses. certifications and approvals from all applicable governmental authorities, it any, required for the installation and maintenance of the signs or light:nq fixtures which Tenant proposes to install on the root of the Office Building. Tenant covenants, represents and warrants that at all times during the Term of this Lease, Tenant shall. at its sole expense, obtain and maintain all permits, licenses, certifications and approvals from all federal, state and municipal authorities which are required in connection with the installation. placement, maintenance, repair, relocation and removal of its signs and light=aq fixtures. Tenant agrees to comply with all applicable governmental ordinances, codes, lave and regulations respectinq such installation. placement, mainte- nance, repair, relocation and removal of said signs and lightinq fixtures. S. Reimbursement for Increased Taxes. It the value of any of Tenant's signs is included in any Coal estate or personal property tax assessment (or in any assessment by any governmen- tal authority is substitution for or in lieu of either or both of said taxes) upon or with respect to the (teal Property, or any Portion thereof, for any calendar year during the To= hereof, and it the amount of tax attributable to such value can be ascertained (or is separately shown in any tax bill for any such Year) Tenant agrees to pay to Landlord (within thirty (30) days attar Tenant =64e4ves a atatastent therefor) the entire &Mount of such taxes. attributable to the value of Tenant:' s signs for any such year dpxUWthe Tern of this Lease. Tenant's obligation to FAY under his Paragrsph shall survive the expiration of the Tars hereof, G. Se_. Landlord shall have no obligation whatsoever to provide any services to Tana Z. Tenant shall, at its own cost and expense, provide tors (a) all utility ' seeviess, includinq, without limitation, electricity for all lightinq fixtures permitted herein by separate arrangezont with llorida lower and Light Company or other approved local utility. Submitted into the public Z record in connection with item. -on his_, 2 • . City Clerk COVENANTS A21D CONDITIONS The following express covenants, stipulations and con- ditions are made -a part of this lease. Submitted into the puhllic .._ COMPOSITE EXHIBIT le0or in Connection w i:i. Z-1 item „�--tr--l- on MQti.__ .i City t without litsititlq u.e forsgoinq, 'tenant shall apply and pay for all Utility sitars (including the installation• thereof) in cornrrctieu With the installation, use and maintenance of its signs and lightinq fixtures wherever such asters are located on t,':e Real property; and (b) all materials and servicas • required to keep its signs and lighting fixtures in good and safe operat- ing condition. 7. Recai:s and Maintenance. (a) Tenant shall, at its $Zia cost and ex*anst. :rasp its sLq s and /:;htiaq ::xt a s2 in q::d, seta. operable and presentable condition and repair in aeeor• dance With all aprlicable laws, codes and ordinances and direc- tions of public officers during the Term. Tenant shall promptly and adequataly repair all damage to its signs and light:nq fixtures and replace or repair all damaged or broken portions thereof by any cause whatsoever, under the supervision of and subject to the approval of Landlord, and within any reasonable period of time specified by Landlord. 1: Tenant does not do so, Landlord may, but need not. make such repairs and replacements, and Tonart shall pay Landlord the cost Whersof upon demand. (b) Landlord may, but shall not be required to, enter upon the root of the Office Buildinq to make such inspections, repairs. alterations, improvements, and additions, as Landlord shall desire or deem necessary to the roof of or to the OiSiee. 3uild:nq or to any egsipment located in the Office Euildinq ors as Landlord may be required• to do by governmental authority or court order or decree; provided that any such alteratiens. improvements and additions shall be made, to the extent reason- ably possible. in such manner as to not interiors with Tenant's signs; provided. further. it any such inspection discloses defects in Tenant's signs or the lightinq fixtures or any defects that af!eet the structural lntegr:ty ,of the Office Building, Landlord shall give Tenant written notice thereof and Tenant, at its sole cost and expense. shall immediately take such action as may be required to remedy such detects. e. Tenant's Right to Access. subject to all reasonable rules and erequlations sect• by� Landlord from time to time. Landlord hereby grants unto Tenant the right to enter the Real Property, includinq the interior of Whe Office Building durinq reqular business hours and at such other t%men as Landlord shall coaseutt; 'wh1c:h consent shall not be unreasonably withhold. -for the purpeses of installinq, placing. maintain:aq, rspairsrq, relocating and renovinq its signs and lighting fixtures. MA, 9. Additional Signs and Alters tans. Tenant shall not. without i prior written consent of Landlord, install addision- al signs, or 11ght:aq fixtures or aake any altarations or additions to its signs or lightinq fixtures. it arty, described herein. Landlord need not give any such consent but it Landlord does, it may impose suet conditions with respect thereto as Landlord dasos appropriate, including, wi :ouc l:sststion, Submitted into the public record in con.ncctlon with item on on 8 • � 12 mcaty COVENANTS AND CONDITIONS VA The following express covenants, stipulations and con- ditions are made -a pert of thin lease. Submitted into the public _.. ; J gvr - in connection w i -',. COM80$iTE EXHIBIT -.item A -A __ on -M * 2.2 __90 $ ' ' Matsx* -- Cit l. i • • Twee• `-�+ • • . ow , a .Wiriaq 'Tenant to furnish Undiord with "c'urity for the %• psysrett of all Costs to be Incurred in connection with such work had immCanosr sgsiast liabilities which nay arise out of suer Vort. The work aeesssary to casks any alterations or additions 0 Tenant B. signs and lighting fixtsres shall be dons at Ton- Ant's $*Is coat and eXpense and Tenant shall defend an: bold uedlord *ad the Real Property harmless from and against all costs, damagas, liens and expenses ( including reasonabLe attarft joys' fees and litigation exp-onses) related thereto. All .ork dogs by Tenant or its comtTactors pursuant to this Cease stall be done in a first -Class workmanlike manner usinq only good grades of materials and shall eomply with all insurance require- Bents and all applicable laws, codes, ordinances, rules and regulations of gover mental departments or agencies. It Tenant dasires utility or service connections installed or changed, the two shall to wade at the sole cost and expense of Tenant, wit't prior written consent of and under direetson of Landlord. 10. Covenant Against Liens. Tenant has no authority or power to cause or pe=zt any lien or onecambrance of any kind whatsoever, whether created by act of Tenant, operation of law, or otherwise, to attach to or be placed upon Landlord's title or Interest in the Real Property or any part thereof and any and all liens and encumbrances created by Tenant shall attach to Tenant's interest only, it any. Tenant covenants and agrses not to suffer or permit' any l:ea of eecsanics or saterialmen or ethers to be placed against the Real ?roperty or any part thersef, with respect to work or services claimed to have been performed for or materials claimed to 'love been furnished to Tenant, or for Tenant's signs and lighting fixv=ss and in case of any such lien attachinq. Tammy. covenants and agreos i=medi- ately to cause it "to be released and removed of record. It Tenant does not do no. Landlord may, but shall not be required to, release such lien from record, and Tenant shall pay Landlord the cost thereof upon demand. 11. Correction of Oofeets. Ourinq the Term hereof, Tenant, shall, upon demand by Landlord, imstediately eorreet or remedy (or cause to be corrected or rsaiedied)s (a) any material defect in the signs or in the llghtinq fLx=res; (b) any sateri- al departure from In the construction, installation or placasent Of the signs frost the plans and specifications as approved by Landlord; (a) • any "tartal -departure from the contents of the signs from the dravings submitted to and approved by Landlord; (d) any violations tram or departures from any applicable governmental ordinances, laws or rules and requlations; and.*(e ) -any other detects as requested by Landlord to be remedied pursuant to Paraqrsph 7(b) hereof. If such detects cannot be remedied within thirty (30) days or cannot be remedied at all by : Tenant, Landlord shall have the right to terminate this Lease in accordant• with Paraqraph 24 hereof. Submitted into the public record in connection s item I IPM on _ lip . iZ • � Ida:i Y iiirai 87-972 City Clerk i CG_M_ AM AUD C0110ITTMS .A The following express covenants, stipulations and con- ditions are made A part of this base. Submitted into the public ...,. egor in connection COMPOSITE EXHIBIT A .* fo_..• �►�1e3. Ct i City 4 1 No LSabilltY._..ef_ Landlord. Neither Landlord nor any % successors opt- assigns of landlord shall have any liability, obligatioa..or responsibility whatsoever for the tons t*u.tion, Installation. placement, maintenance or removal of Tenant's signs or the lightinq fixrures or for the contents displayed on such signs.; . Landlord shall not be obligated to inspect Tenant' s signs and lightinq fixtures or the construction, installation, maintenance or removal e:sot, nor shell Landlord or any successors or assigns of Landlord be liable for the per:o =ante or default' of enant or any contractor or materialman who constrActs, installs, repairs or reezves Tenant's signs or lightinq fixr4res or any ot�er person for any failure to con- strsc:. install. complete, repair, replace, maintain, protset or insure its signs or lightinq fixtures or for the payment of costs, it any, for labor or materials supplied for the construc- tion of Tenant's signs and lightinq fixtures or for the perfor- mance of any obligation of Tenant whatsoever. 13. Insurance. (a) Landlord and Tenant each hereby waives any and every claim for recovery from the other for any and all loss of or damage to the Tenant's siqns and lightinq fixtures and any other of Tenant's equipment located in, on or about the Office Buildinq or the Real Property or any portion thereat, which loss or damage is covered by valid and collectible fix* and extended coverage insurance policies, to the extent that such loss or damage is recoverable under such insurance policies (it beinq expressly understood that note of the insurance required by this Paraqraph 13 shall have any deductibles - apple• cable thereto without first obtaining Landlord's prior written consent). Inasmuch as this mutual waiver will preclude the assignment of any aforesaid claim by vay of subrogation (or otherwise) to an insurance company (or -any other person). Landlord and Tenant each aqrses to give each insurance company which has issued its respective policies of fire and extended coverage insurance, written notice of the terms of this annual waiver and to have each of said respective insurance polleies properly endorsed if necessary, to prevent the invalidation of said insurance coverages by reason of said waiver. (b) Tenant shall obtain and maintain or cause to be obtained and maintained, at its expenses (1) At all times during the Tars, comprehansive genesal liability with respect to bodily injury and P'SPer- ty damage naming Tenant and Landlord as insureds with a single limit of not lass than Ten Million Dollars (i10.000,000.00) for each occurrence: and (2) Curinq the erection, installation sad ■sintanance and/or repair of Tenant's pigns. Workman's Compensation and E:ployer's Liability Insurance with limits of not less t.`:an the minimum amount, if any, established by applicable Tlorida lave and such additional Submitted into the rubric 6 record in connection 1-v i_h item _ on 10 . A 2.6% i 87-972 r'i! COVENANTS AVD CONDITIONS The following express covenants, stipulations and con- ditions are wade a part of this lease. Submitted into the public awl► COMPOSITE EXHIBIT 1por in connection v4i i item I on ftft city: covscago as required by any Employee Benefit Acts or other applicabl•-statutes. fit)- to addition. Tenant shall, con.-ur:ently with the execution of this Lease, furnish to Landlord cartiiica:as evidencing- all of the insurance coverage required by this Paragraph 12. which certificates shall state that such insurance coverage may %at be changgd or ca..-called without at Iaas: :.hir ty (30) days' prior written notice to Landlord or Tenant. (d) If Tenant tails to obtain the insurance cov4rase required by this Paragraph 13, Landlord shall have the riq:i: (but shall in no event be obligated) to obtain on behalf of Tenant the insurance coverage described in this Paragraph 13 and Tenant shall pay Landlord the cost Whersof upon demand. (a) Tenant shall at all times during the Term comply with all applicable laws, codes, ordinances, orders and decrees and all requirements of all applicable governmental authorities, and shall not directly or indirectly make use of its signs or ligr.t:nq fixtures. t.%e Office Building, the Real Property or any part thereof, which may thereby be prohibited or be dangerous to person or property or which may jeopardise any insurance cover- aqe, or which may increase the cost of insurance or require additional coverage. la. sirs or Casualty. It any par of the Real Property is destroyed or substantially damaged by firs or other casualty and it such damage does not render all or a substantial portion of the Office Building untanantable, then Landlord shall recon- struct and restore t.'te same with reasonable proc;,tness and Tenant shall, at Tenant's sole expense, promptly restore and/or rebuild its signs and lighting fixtures; provided, however, Landlord shall not be required to repair or restore such damaged or destroyed portion of the Real Property it Landlord delivers Tenant writtsa notice within one hundred twenty (120) days of such damage or destruction that Landlord elects not to rscon- struct and/or restore the Real Property and/or the Office Suildinq and in such event Landlord shall have no liability to Tenant and this Lease shall terminate as of the data specified in Landlord's notice, together with Tenant's rights of access to the ReaL..Property see forth in Paragraph R hereof. In the event of such tevaLuation. Tenant shall, as Tenant's sole expense, promptly semve all of its property, whether damaged or not. from the ReeL property. Rent shall be apportioned to tha data of such damage or destriction. 1S. Eminent Domain. It whi whole or any substantial par: of the Real Property shall be taken or condamned for any public or quasi -public use or purpose, t2he Term and all rights granted hereunder, at the option of Landlord, upon written notice to Tenant. shall end upon the data when the possession of the par: so taken shall be required for such use or purpose and Landlord Submitted into y record in connzct on with 87.972 item_ on 0 .:2,,.!'a) M rai COVENANTS AND CONDITIONS The following express covenants, stipulations and con- ditions are made a part of this lease. Submitted into the public COMPOSITE EXHIBIT D legorc in connection vc i..'z item .�.—. on .,1_,0 •." .• 87-�' 7� MQii z • City shall b+a entitled to receive the entire award without any % paysent to Tenant.. Bent shall be Apportioned. to the date of such termit�tien.. 16. fi%aiter_oC Claims: Indsmnification. (a) To the extent not prohibited by law. Landlord and Lts offices, agea:s ser- vants and employogs shall not be liable for any damage ei t:ie: to poison, or property o: rosul t-4.4 from the loss or use thereof sustains! by Tenant or by other persons due to the Real Property or any pars thereof or any appur:orancts t.%orsoi becoming out of repair, or.due to the happer.:Mq of any accident or event its, an or about the Real property, or due to any act or neglect of any tenant or any occupant of the Real Property, or of any other person. This provision shall apply particularly (but not exclusively) to damage caused by explosives, qas, electricity, steam, savage, sewer qas or odors, fire, water or by the burst- ing or leakinq of pipes, faucets, sprinklers and plumbinq fixtures, and shall apply without distinction as to the person whose act or neglect was responsible for the damage and whether the damage was due to any of the causes specifically enumerated above or to some other cause of an entirely difference kind. Tenant further agrses that all of its personal property upon the roof of the Office Buildinq or upon loading docks. receiving and holding. areas, or freight elevators of the Office Suildinq or upon any other parts of the Real property, shall be at the risk of Tenant cult', and that Landlord shall not be liable for any loss or damage thereto or theft thereof. (b) WLthout limitation of say other provisions hereof. Tenant agrses (1) that it will protect. defend, indw=i- fy and save harmless Landlord of and from any penalty, damage or c::arge imposed for any violation of any laws or ordinances. whether occasioned by Tenant or those holding under Tenant. (2) that Tenant will at all times protect, defend, indennify and save harmless Landlord of and Cron any and all claims, liabili- ty, loss, cost, damage or expense (includinq reasonable attor- nsYs' fees and litigation costs throuqh and includinq any appellate proceedings) arising 'out of or from or in connection with (i) any accident or other occurrence.. whether or not the $ante is caused by the .acts or omissions of Landlord, its agents or employees, in,, on or about the Real Property or involving *Tenant 's-signs and lightinq fixtures, -which causes injury, death or damage': any person or property whomsoever or whatsoever and, withs_tt limitation of the foregoinq, (li) the acts of Tenant an '$** servants. principals, agents, employees, contrac- -tars, subceatractors, suppliers or workmen. and (3) that Tenant will protect, defend, indemnify and save harmless Landlord *of and from. any and all claims and against and lyda any and all loss, cost, damage or expense (includinq reasonable atsarneTe'. tees and litigation expenses thrcu?h and includinq any appellate proceedings) arisinq out of Tenant s use, of the Real Property or any part thereof or out of any failure of Tenant in any respect Submitted into the public record in connection with • item_ on /= 2140 87-972 Matty Hirai City Clerk COVENANTS AND CONDITIONS .A The following express covenants, stipulations and con- ditions are made'a part of this base, f Submitted into the public _ - 1 9or in connection vb i'_z - - COMPOSITE MWISIT item j * City �CCZ/CE11 � � ab . to comply with and.periorm all the requirements and provisions of this Leas*. L7. Nonvaiver. No waiver of any provision of this Lease shall be is►plied by any failure of Landlord to enforce any remedy on •account of Whe violation of such provision even it such violation by continued or repeated subsequently, and no express waiver si-.all affect any provisien other than tua an* specified in such waivar and gnat one only for the ti:=a a::d in the aa:» ar specifically stated. tic receipt of moneys by Linde Lord fron Tenant aster the termination of this Lease will jr. any way altar the length of the Term or of Tenant'a right of use of the Real Property hereunder or after the givinq of any notice shall reinstate, continue or extend the Term or affect any notica given Tenant prior to the receipt of such moneys, it boinq agreed that aftsr Whe service of notice or this commence• mart of a suit or after final Judgment for surrender of use of r-h* Real Property or termination o! this Geese, Landlord may receive and collect any Rent due, and the payment of said Rent shall not waive or affect said notice. suit or judgment. 18. Assign. -vent and Subletting. Tenant shall not, without t.hG prior written consent of Landlord. which consent shall not be unreasonably withheld (a) assign or sublet this Lease or any interest hereunder other than to a parent corporation or wholly- ��pned r.Lbsidiary of Tenant.; (b) permit the use of the peal Property or any part thereof by any parties other Wum Tenant. its principals, agents and employees. Any assignment or sublet- tinq pursuant to this Paragraph 18 shall in no event ralieve Tenant free any of its obligations hereunder and Tenant shall continue and remain primarily Liable for the payment of all suns due under this Lease and for performance of its covenants and obligations under this Lease. Without limitation of the forego- inq, any consent given hereunder by Landlord to an assignment or sublettinq shall in no event be considered a consent to any subsequent assignment or subletting. 19. Surrender of Possession. (a) Upon the expi:atlon of the Term or upon tha tarmination of Tenant's right of use of the Real Property, whether by lapse of time or at the option of Landlord as herein provided, Tenant shall (1) at once vacate the roof at* the attics Duildinq and promptly, attar requested b Landlord, dismantle and remove Tenant's signs, lightinq fixtures and equipaeiat from said root and any other portions of the Real Property; provided, however, that to the extent Tenant's signs and lightinq fix% -ores cannot be removed or dismantled in a manner which is consistent with sound engineerinq practice mad which will not disturb or otherwise affect the structural Integrity of the Office Suildinq, . then the same shall -remain at its location and titls thereto shall thereupon automatically pass to Landlord without any cost by set-off, credit, allowance or otherwise, and (2) repair, at its expense, any damage caused to the Real Property or any part thereof 8Vb&%Ate*L3&"44)ft Vdblic record in connection with 9 item _ on to •12-010 87--972 Matty Hirai City Clerk COVENANTS AND CONDITIONS The following express covenants, stipulations and con- ditions are made part of this lease. Submitted into the public ...• COMPOSITE EXHIBIT 1996 ' is connection item City i such signs, lighting fixtures and equipment and/or by such ., dissantlinq and removal and if such use is not immediately surrendered•er not i=ediataly vacated. Landlord may forthwith repossess -itself thereof and remove all persons and .eftec:s therefrota - and frost the roof of the Office Building ar.: the balance of the office Building and Real Property using such force as stay be necessary, without being deemed guilty of any manner , of trespass, eviction or forcible entry or datainir and without thereby relinquish.inq any :iq,ht given to Landlord hereundar or by operation of law. Tenant shall pay to Landlord upon demand the cost of rt;airinq any damage caused by sate removal. " (b) It Tenant shall tail or, attar requested by Landlord, refuse to remove (to the extant permitted herein) any of t.:e property described herein from the Real Property or any part thereof. Tenant shall be conclusively presumed to have abandoned the same, and title thereto shall thereupon pass to Landlord without any cost by sot -of!. credit, allowance or otherwise. and Landlord may, at its option. accept the title to such property or. at Tenant's expense, may remove the same or any part thereof In any manner that Landlord shall choose, and store, destroy or otherwise dispose of the same without incsrrinq liability to Tenant or any other person. 20. %staccal�Car:ificate. Tenant aqrses that from time to time upon not loss t:an can (10) days' prior written requast by Landlord. Tenant, or Tenant's duly auti:=ritad representative having knowledge of the following facts, will deliver to Land- lord a statement in writing certifying (a) that this Lasso is unmodified and in full force and effect (or if there have been modifications, that the Lease as modified is in full force and effect); (b) the dates to which the ease Rent and other charges have been paid: and (a) that Landlord is not in default under any provision of this Luse, or, If in default. the nature thereof in detail. 21. Subordination. Tenant hereby agrees that this Lasso shall automatically be subject and subordinate to any mortgagas or trust deeds that. say hereafter be placed upon the Real Property or any part thereof, and to all renewals, replacements and extensions thereof, and to all amounts secured thereby, except- to. -the estsat that any such sortgaq* or trust deed Provides otherriset provided, however, that the subordination Provided for herein is subject to the condition that the rights ,at Tenant hereunder shall not be cut off or aftec:ad by foreclo- sure of any sueh mortgages or trust deeds so lonq as Tenant shall not be in default hereunder. Without: limitation of the foregoing, Tenant covenants and agrees to attorn to the purc::as- or upon any such foreclosure sale and to recognize such purc as - or as the lessor under this Lasso. Tenant shall, at Landlord's request, execute such further instruments or assurances as Landlord say reasonably does necessary to evident* the Submitted into the public 10 record in connec«cn Ath itemO„_ on 10 v.��__�. 7 3 87-972- Matty Hirai COVENANTS AND CONDITIONS The following express covenants, stipulations and con- ditions are made a part of this lease. Submitted into the public COMPOSITE EXHIBIT 189ord in connection item - onik-an-41 CCC?/CS: subordination of this Lasso to the lion of any such ma"41gas or trust deeds .(on the condition described above) or to acknowledge that this Loase is supariar to such lion. as the case may be, and/or to acknowledge Tenant's covenant to attorn to a purchAser upon a foreclosure sale. 22. ' Certain Rights Reserved BY Landlord. Landlord shall have t::e fallow,1=4 r:gats, each of w :e ' LA:%dlord may exercise without roc=ca to Tenant and without liability to Tenant for darago or injury to prcrerty, pzrson or business on acestunt of the exercise thereof, and the exercise of any such rights shall not be deemed to constitute an eviction, constructive or partial eviction or disturbance of Tenant's use of the Real Property or any part thereof, and shall nor. give rise to any claim for set -of:, abatement of Rant. damages or any other claim: (a) To use the roof of the Office Buildinq and any other part of the interior or exterior of the Real Property far any purpose Landlord shall desire, so long as such use does not unreasonably interface with Tenant's signs and the view thereof and does not result in structures extending over or through Tenant's siqns; (b) To interrupt, temporarily, the access by Tenant to its signs throuqh any portions of the Real Property or to. rs uire temporary removal of Tenant's signs, to the wctsnt reasonably necessary for the construction of isprzvatnta on the Real Property or the modification, repair or repLaesMsent of the Real Property or any part thereof, but in the event of such temporary interruption. Landlord will. as promptly as practica- ble, restore access to the Real Property and replace Tenant's signs, at Landlord's cost and expense; (c) To close the office Buildinq after 'regular vorkinq hours and on Saturdays. Sundays and legal holi"Yss provided. however, that Tenant shall have the right to adxdttanes to the Real Property at such tines and under such regulations. as Landlord may prescribe frog Use to time, which say ineluds but shall not be limited to, a requirament that persons onteriaq or lsavinq the Office Buildinq identify themselves to a vatcaman by registration or otherwise and establish their rtght.to enter or leave the Office Builidaq. • Such regulations ssay• include. but shall not be limited to, the requiring of identification from Tenant and Tenant's employees, principals and.agents; and �4. (d) To establish controls for the purpose of requlat:nq all property and packages (both personal and otherwise) to be saved into or out of the Office Buildinq and for the purpose of requlatinq access to public common areas of the office Buildinq. 21. Rules and Regulations. its employees had to comply with the Real Property made from time 11 Tenant aqrses for itself and the Rules and Regulations -for to time by Laodiord, as the Submitted into the pubiic record in cc.n_��; L %� with item , jy,_ on -10 •�i 1 87--972 Ratty Hir si COVENANTS AND CONDITIONS The following express covenants, stipulations and con- ditions are made a part of this lease. Submitted into the public COMPOSITE EXHIBIT 169 in connection � i "I Ob WA item _ .�. on 87-- -9`7Z city& same day be codified or supplemented by landlord. Tenant agrees • �: that: Laniard shall .nat have any duty to Tenant to tequire et.1jer tenants Pak-.*euply with such Rules and Rstulatiens ardae:ant's obligations: wider this Lease shall not be altered or reduced by teason of landlord s failure to do so. 24. •Res►_. tf default shall be made in the payment of t.� Rant or other•mcneta=y 6 s payable by Torant haroundar and such default shall continue for thirty (30) days alter written ' - notice to T:zant, or it default shall tic made in the obse:jance or performance of say of the other covenants or eondi:iens in whis Lease- which Tenant is required to observe and perform and such default shall continue for thlr_y (30) days alter written notice to Tenant, or it a default involves a hazardous condition and is not rsred by Tenant immediately upon written notica to Tenant, or if Tenant shall abandon its ppoperty and interest under this Lease during the Term hereof, then Landlord may treat t1he bc:irrenee of any an* or mar* of the forsgoinq events as a breach of r-Ui Lease, and thereupon at its option say, with or without furrher notice or demand of any kind to Tenant or any Other person. pursue any remedy at law or at equity, as may be allowed at law for such default. including, without limitation. t:.e right to terminate this . Loase and the Term ersatad hereby, Tenant's right to place its signs on the root of the Office Building and Tenant's right of agcesa to enter the Real Property and Landlord may forthwith remove Tenant's signs and lightinq-' fixtures without any liability whatsoever to Tenant. Landlord shall have no obligation to remove any of Tenant's signs or lightinq fixtures from the roof or the Of:i Building. but at its option. Landlord say elect to do ao. Landlord shall be entitled to recover forthwith as damages a s of money equal to (a) the Base Rent for the balance of the Term and (b) any other suss of money and damaqes owed by Tenant to Landlord. Tenant. shall satisfy and pay any such amount upon demand therefor. 25. Excenses of Enforcement.- Tenant shall pay upon demand all Landlord's costs, charges and expenses including the fees of counsel, agents and others retained by Landlord incurred' in enforcing Tenant's obligations hereunder or incurred by Landlord in any litigation (through and including any appellate proceed- ings), negotiation or transaction in which Tenant causes Land- lord, vI%h ut faiit of Landlord, to become involved or concerned. - 26tandloc fez li ht to Terminate. Vpon not less ;haft ninet1 (90 days prior written notice to Tenant. Landlord shall be entitled to terminate this Lease and Tenant's use of and access to the Real Property, upon the accurr ence, of any one (1) or more of the following events:' (a) tf Landlord lntands to demolish the Office Buildlaq; or Submitted into the public record in connection iArzth 12 item_cn i�_ill..62. L-Ictly Hirai 87-97041 City Clerk COVENANTS AMD CONDITIONS The following express covenantst stipulations and con- A ditions are made a part of this base. "i it Submitted into the public egor in connection w i;'_,. COMPOSITE EXHIBIT D } item J--�-on_ , 87-�97 Mal i x- City . i - (b) If Tenant ceases to be a financial institution. =n the o_ "nt i.andlord terminates Tenant's -Ilse and posses.sion of tbs Beal Property4 Landlord @hall pay to Tenant. as Tsnant's sets- and exclusive damages for such termination. concurrently -with the surrender of possession of the Real property by Tenant, an amount oval to the product of (i) the aggregate arount dt Tenant'a construction and installation costs for said signs and lighting fixtures times (li) a traction. the numerator of which shall be :he num. ter of months from .he effeexive date of such termination to Oscecser 31. 2013 and the denominator of which shall be the number of months from the completion of construction and installation of said signs and lightinq fixtures to Oecezber 31. 2013. Vpon such termination of Tenant's use of and access to t'�e Real Property, Tenant shall have no further obligations hereunder with respect to the Real property except in connection with liability incurred prior tz said termination. 27. Notices. Any notice, request. demand. instruction or other document to be given or served hereunder or under any document or instrument executed pursuant hereto shall be in writing and shall be delivered personally or seat by gaited States registered or certified tail. rsturn recalpt requested. postage prepaid and addressed to the parties at their respective__ addresses not forth below. and the saes shall be effective upon receipt if delivered personally or two (2) business days after deposit in the sails it sailed. A pasty say change its address for receipt of notices by service of a notice of such change in accordance herewith. It to Landlord: Douglas Crocker II c/o McEinley financial Group, Iac. Suita 3250 200 West Hadisoa Street Chicago, Illinois GaGaS with a copy to% Errol R. Halperin, P.C. or Charles L. zdwards. P.C. Rudnick a Wolfe - - suite 2900 ! 30 North LaSalle Street _ Chicago, Illinois jQ6a2 - if to Truant: Mr. David L. Paul .4 101 East flagler Street Miami, florida 33131 Submitted into the pu'-Pic record in connecticn . item— or; ID • �__g •�'_i 13 Itiatt. ty Hira'. • 8'7-9'72. City Clerk COVENANTS JWD CONDITIONS The following express covenants, stipulations and con- ditions are made a part of this leiase. Submitted into the public COKOSITE EXHIBIT= 1pord in cpnnection vc i "I item on • $i'"� m ate - y • , f.V Vi I � � � i with a topy to: Bernard Jacobson. Esq. Fine Jacobson Block Klein ''. Calan & Simon, B.A. 2401 Douglas Road Miami, E'lorida 33134 28: lgiseellaneous. ('a) All rights and remedies of Landlord under this Lease shall be cumulative an: none shall axcluda any ether rights and remedies allowed by law. (b) All payments becoming duo under this Lasso and remain- inq unpaid when due shall bear interest until paid at the rate of two percent (24) per annum above the Prime Rats (as hereinaf- ter defined) (but in no event at a rats which is more than the highest rate which is at the time lawful in the State of Flori- da). As used herein, the term "Prime Rate" at any time shall mean the rate of interest then most recently announced by Continental Illinois National Bank and Trust Company of Chicago ('CINS") at Chicago, Illinois as its prime rate. (c) Each of the provisions of this Lease shall extend to and shall. as the case may require, bind or inure to the benefit not only of Landlord and of Tenant, but also of their respective legal representatives and ;orsitted successors and assigns. provided this clause shall not permit any assignsont or sublet- tinq by Tenant contrary to the provisions of Paragraph is hereof. (d) This Lease contains the entire aqrsesent and under- standinq of the parties in respect to the subject matter hereof, and t.`:e same say not be amended, modified or discharged nor may any of its terms be waived except by an instrument in writinq signed by the party to be bound thereby. (e) Submission of this instrument for examination shall not bind Landlord in any saaner, and no Luse or obligations of the Landlord shall 'arias until this instrument is signed by Landlord and Tenant and delivery is made to each. (f ) Ste rights to light -or sir- over any property, whether belonging. to Landlord or- to- any- other person, era granted to Tensest by this Luse, except as otherwise expressly provided heroin. (q) . Neither Landlord nor Tenant is or shall be liable to any creditor of the other or to any claimant against the estate or property of the other for any debt, loss, contract or other obligation of Landlord or Tenant, as the case say be. The relationship betareen Landlord and Tenant is solely that of landlord and tenant, and no provision hereof, or act of either party hereunder, shall over be construed as crsatinq a Submitted into the public record in connection with 14 item on /� • 1�••�"j 87-972 Ma4ty I3irai City Clark ----- - -- COVENANTS AND CONDITIONS The following express covenants# stipulations and con- ditions are madea part of this lease. Submitted into the public -- COMPOSITE EXHIBIT 189 foomp In connection v4 i:'� item,L`; oaa„, •&W.t 87'_' l2 City . • patuership or a joist venture or enterprise between the parties p principal and a ent. . herstoi - or the relationship of p Q The tarns ' and coedit efts. of. 'this Lease are.- for the exclusive benefit of the partiet hereto and, to the extant permitted herein, their respective_ sucesssort and assiqns and not for the benefit of any third party: i - (h) • If any slander requites, as a condition to its 1:rd_&nq funds, • tits repayment of which is to be secured by a Nor -,gage or trust deed on the Real Property or any part t'tersof, certain modificitiotis that will not require Tenant to pay any additional amounts or otherwise change materially the rights or obligations of Tenant hereunder, Tenant shall, upon Landlord's request, execute appropriate instruments ef:ectinq such modifications. (i) Tenant ackncwledges that Landlord has the right to transfer its interest in the Real Property and in this Lease, and Tenant agrees that in the event of any such transfer Land- lord shall automatically be released from all liability under this Lease and Tenant agrees to look solely to such transferee for the performance of Landlord's obligations hereunder, provid- ed that Landlord -shall remain liable for any obligations &cc-.a- inq hereunder prior to the date of any such transfer. (J) The invalidity or unenforceability of any provision hereof shall not affect_or impair any other provision. '(k) She parties each agrse to do, execute, ac asowledge and deliver all such further acts, instruments and assurances and to take all such fur`hsr action before or after this execution hereof as shall be necessary or desirable to fully early out this Lease and to fully consumaato and effect the transactions contemplated hereby. (1) The headings and captions herein are Inserted for convenient reference only and the sane shall not limit or const:us the paragraphs or sections to which they apply or. otherwise affect the interprotatSon hereof. (a) The terms 'hereby,' 'hereof,' 'hereto,' 'herein.' 'hereunder' and any- similar terms shall refer to this Lease, and the tare 'hereafter' shall mean after, and the tarn 'heretofore' shall mean before, the data of this Lease. (n). words of the masculine, feminine or neuter gender shall mean and include the correlative words of other genders, and words importinq the sinqular number shall mean and include the plural number and vice versa. (a) Words laportinq persons shall include fuss, associa- tions, partnerships (ineludinq limited partnerships), trusts. corporations and other legal entities, including public bodies, as well as natural persons. Submitted into the public record in connection Tr�;ith Is item_LNf-_ on F O • •f 87-'9'74. Matty, Hirai COVENANTS AND CONDITIONS � The following express covenants, stipulations and con- ditions are made a part of this base. Submitted into the public � ■�■�11III�I■�..� COMPOSITE EXHIBIT ;egord In connection item .10 ►-- -97 City a ' OCiVi, C3 �.1 • i (p) e-terms.."includt, r.. 'inciudinq" 'and similar tsrms shall bo Construed. as it 1o11oved . by the. phrase "'vit.`%out beinq liaLtad to: • (q) -?his Lease and any document or instrument exac_tsd pursuant htreto slay be executed in any number of count• rar:s each of vhieh shall be deemed an original, but all of which together shall :o»3t14t•::s one an: the same ins :t'usent. (r) Whenever under the terms .of this Lease this t.4me tor' performance of a covenant or condi:ien falls upon a Sam::day, Sunday or holiday, such time for performance shall be extancied to the next business day. Otherwise all references herein to 'days" shall mean calendar days. (a) This Lease shall be governed by and construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF. this Lease is executed as of the day and year first written above. MADE SAVINGS A!M LOM ASSCC:ATION, a Florida corporation Attest: Its: w rrovqrss v UNOLORD: NEW WORLD TOWER ASSOCZA=S L=., an Illinois limited partnership By: rllNt4�� WE art bb, Caner 1 is er VA Submitted into the public. record in connection with item _J2g%L_.on �� Nla►i'y Hirai City Clerk is 8'7--9.'72 --•• j ..+.::ins i COVENANTS AND CONDITIONS The following express covenants, stipulations and con- ditions are made'a part of this base. Submitted into the public COMPOSITE =1131TF �n�or rn connection item.. OUIR a- * � Mcxtr= City _ • . iRI'T A Lots 1, 2 and 3 of Smith Subdivision of Lots 4, 3 and i is Block 102 North, City of Miami, according to the Plat thereof, as recorded in Plat look 3 at Page S of the Public Records of Dade County, Florida, together with the following appurtenant right -of -Way and easement: A non-eselusive right -of -+ray and easement on and over Lot i, less the Borth 26 feet thereof, of Saito Subdivision of Goes t, 3 and i of Black 102 North, City of Miami, according to the Plat thereof, as recorded in Plat Book 3 at Page S of the Public Records of Dade County, Florida, for the purpose of ingress and egcsss !=om N+ortheast Third Avenue to Lots 19 2 and 3 of smith subdivision of Lots i, S and i in Bloat 102 Nocth, City of Miami, according to the Plat Book 3 at Page S of the Public Records of Dade County, Florida subject to those certain terms and conditions sot forth in that Certain Right-Of-W *and tasesent Agreement dated Septembee 27, .1979 caoorde1 in Official Records Book 10527 at rage 1401 and that certain Assignment of Rigbt-of-*ay and 'Zasement Agreement dated December 29, 1980 and ceeorded in Official Records Book 10971 at Page ISiit and PARCU 2I Zte South 24.00 fast of tot- I and all of Lot 3 in Block 102 North, A.L. Knowlton, Map of Miami, according to the plat thereof as recorded in Plat book 2 at Page 41• of the Public Reeacds of Dade County, Flccida. 1 11274-029-1 149531121333/3 «e Submitted into the public record in connection with item_ on • •� B 8'7--9'72 latiy Hirai City Clerk COVENANTS A21D CONDITIONS The following express covenantst stipulations and con- ditions are made a part of this lease. Submitted into the puh'.ic As COMPOSITE E��#il ITi 18OX in Connection W i '-I item j. on�� CenTrust September 4, 1986 City- National Bank of Mia.Ini Trust-. Department 78 W. Flagla= Street Miami, FL 33130 Re: New World Tower 100 N. Biscayne Boulevard Miami, FL 33131 Gentlemen CenTrust Savings Bank, formerly known as Dade Savings and Loan Association, as Tenant, was granted signage rights under written agreement with New World Tower Associates. Ltd. as Landlord, dated December 16, 1983, a copy of which is attached for your convenience. The Landlord's interest, according to the public records, in the property was conveyed by New World Tower Associates, Ltd. to Job -art Kendall, Inc. on December 20, 1984, and by the latter to you as trustee on December 20. 1984. The purpose of this latter is to request that you review and approve the accompanying drawings and specifications for signage which CenTrust proposes to erect upon the sub3act building. Your prompt reply would be appreciated. For your information, we have submitted the proposal to t:e successor to Marlin Limited Partnership, holder of the roof top lease. The .roof top tenant has no objections to tte proposal as evidenced by latter dated August 18, 1986, a copy of which is attached. Very truly yours, Edward L. Abbott VieR maimef ELAtb. ` M Enelo §�� cc: Donald X. Anderson Submitted into the public; record in ccnnectIcn with tern— c. t0. ' t� 4 Gle}k 87972 6A COVENANTS AND CONDITIONS The following express covenants, stipulations and con- ditions are madea part of this lease. Submitted into the public Cc CSiTE EXHIBIT , n� connection v� i �'_1 itemon. - � Maui . city mey Olt r� L E_ t • THIS AGRELlrlENT entered into this ;1�} day, of , 1979, between FLO-m CORPORATION, a F ors a corporatz n, as party of the first part, hereafter called "Lessor,` whose business address is 100 North Biscayne Boulevard, Miami, Florida 231320 and ROBERTS a ROLLAND# party of the second part, hereafter referred to as "Lessee." WITNE.SSET9: That Lessor, in consideration of the covenants and agreements hereinafter contained, leases to Lessee the following described property situated in Dade County, Florida, more particularly described as follows: A total of 2,516 square feet on the Eighteenth Floor in the Building known as New lforld'Tower, situated at 100 it. Biscayne Boulevard, Miami, Dade County, Florida. as shown on the attached sketch, Exhibit A. USE. The property shall be used only for office space and for no other purpose. except by written consent of the Lessor. TEAM. The term of this lease is ten (10) years. The lease hs all commence upon completion of renovation of the premises in accordance With plans and specifications pre- pared by William E. Tschumy, Architect. WOM PAthbTS. The agreed total rental for this lease7,1's71W*'Wu_n-&"e& Twenty Thousand One Hundred Fifty and No/100`­0611ars (S220,150.00), payable ir. equal monthly installments. Said rent plus 4% sales tax shall be payable on the first day of each month during the term of the lease. In the event that this lease commences at any time other than the first day of a month, the initial payment shall be prorated from the date Losses actually occupies the property to the and of the month. All payments shall be made to Lessor in advance without demand at the office of the Lessor or at such other place and to such other person as Lessor may from time to time designate in writing. w• 1 SECURITY DEPOSIT. Lessee shall not be required to maintain a security deposit during the term of this lease. COVENANTS AND CONDITIONS The following express covenants, stipulations and con- ditions are made a part of this lease. Submitted into the public -- COMPOSITE _EXHIBITnw nr�ection w .'_Z itera on -in Mau.,_ .._ _1. . city 1. g . The Lessor shallgrovide: •�a ta1 Janitorial service in and about the premises. • The Lessee shall not provide any janitorial service without the Lessor's written consent, and, if consent be given, always subject to supervision of the Lessor and at the Lessee's sole responsibility. (b) Elevator service. (c) Electricity. Lessor will, however; charge for unusual or extraordinary use of electricity (as for use of electrical apparatuses other than typewriters, copiers and calculators), as mutually agreed by the parties. (d) Air conditioning, which shall be furnished from 8:00 A.M. to 7:00 P.M. Monday through Friday and from 8100 A.M. to 1:00 P.M. on Saturday and shall be furnished at any other time at Lessee's request and at Lessee's ad- ditional cost of $5.00 for each hour of use. The air conditioning shall be turned on as soon as reasonably pos- sible after a request is made, but in no event later than two hours thereafter. A request shall be made orally to the person from time to time acing as Building engineer or in a writing delivered to such office in the Building as the Lessor may from time to time designate. Initially, the office for delivery of such written notice shall be the Building engineer's office located on the third floor of the Building. (e) water and sewage disposal, restroca facil- ities and public areas. The Lessor does not warrant that any of the ser- vices above mentioned will be free from interruptions caused by repairs, renewals, improvements, alterations, strikes, lockouts, accidents, inability of the Lessor to obtain fuel or supplies, or other cause or causes beyond the reasonable control of the Lessor. Any such interruption of service shall never be deemed an eviction or disturbance of the Lessee's use and possession of the premises or any part thereof, or render the Lessor liable to the Lessee for damages, or relieve the Lesse& from performance of the Lossee's obligations under this lease, except that this sentence.,shall not apply to any such interruption of service caused by any negligent act or omission of the Lessor. 2. LESSOR'S TITLE. The Lessor's title is and always shall be paramount to tie title of the Lessee, and nothing herein'contained shall empower the Lessee to do any act which can, or shall or may, encumber the title of the Lessor. 3. CERTAIN R1GBTS RESERVED To LESSOR. The Lessor reserves---- tay To change the name or street address of the Building without liability of the Lessor to the Lessee . subject to the giving of reasonable notice thereof. (b) During the last ninety (90) days of the terra or any part thereof, if during or prior to that time the Lessee vacates the premises, to decorate, remodel, repair, alter or otherwise prepare the premises for'reoccupancy, and to exhibit the premises to others and to display 'For Rent" signs. •2- Submitted into the public record in connection wit' L item .,. on Natty 87"W7CUT C.,F- (z) T6 grant to anyone t exclusive right to • condueL ny particular business or undertaking in the building. • (d) Constantly to have pass keys to the premises, and (a) To enter the premises at all reasonable hours for inspection► repairs, alterations or additions, and for any purpose whatsoever related to the safety, protection, preservation or improvement of the promises or the Building or the Lessor's interests, without being deemed guilty of an eviction or disturbance of the Lessee's use and possession and without being liable in any manner to the Lessee. 4. DEFAULT UNDER OTHER LEASE. If the term of any lease, other ERan tFi"is` ease, tnaa by the Lessee for any premises in the Building, or Lessee's right to possession thereunder, shall be terminated or terminable after the making of this lease because of any default by the Losses under such other lease, such fact shall empower the Lessor# at the Lessor's sole option, to terminate this lease, or Lessee's right to possession hereunder, by notice to the Lessee. 5. WAIVER OF CERTAIN CLAIMS. Lessor shall not be liable, and-lesseewaives ` all claims, for damage to person or property sustained by the Lessee or any occupant of the Building or premises resulting directly or indirectly from any act or neglect of any tenant or occupant of the Building Other than the Lessor, its agents or employees. If any property damage results to the Building, from any negligent act or omission of the Lessee, the Lessor may, at Lessor's option, repair such damage, whether caused to the Building or to the tenants thereof. All personal property belonging to the Lessee or any occupant of .the premises that is in the Building or the premises# shall be there at the risk of the Lessee or such other person only, and Lessor shall not be liable for any damage thereto or theft, disappearance, or - misappropriation thereof, unless caused by the negligence of the Lessor, its employees or agents. lKSS3�tiUr:�1T AND SUBLETTING. The Lessee shall not assign or convey this lease or any interest under it without the*;Lassos' s *itten consent, nor shall Lassa* allow any transfer hereof or any lien to be created upon the Lessee's interest by operation of law. Lessee will not sublet the premises or any part thecoof without. Lessor's written consent# consent shall not ba unreasonably withhold,'except t�J. agsee may sublet offices and the riot to, use the trees (such as, library facilities, refreshment facilities, atc.) . to other - attorn—'U�4r buait►ess associates without obtaining the consent oft. If the Lessor shall consent to any assignment or sublettinq, or if Lessee assigns or sublets to attorneys or business associates in accordance with this section, neither the Lessee nor any Assignee shall be relieved of any liability hereunder, and in the event of default by such Assignee or Sublessee.in the performance of any of the terms hereof, no notice of such default or demand of any kind need be served on Lessee to hold him liable to Lessor. it is understood and agre**d that any Sublessee or Assignee of the Lessee shall be subject to all of the Lessor's remedies herein contained, and Zoos** si$;";Oet&tin'cq' nt . .i�Casoent for swlst:3aq or assivnisent q list ems- I oro �r•or:X08 - t: subject to Lessor may•consent to subsequent assignments and sub without notifying any Assignee or 8ubl*see and without obtaining his or their consent thersto, Submitted into the public 40 3 "P record in connection wit' : item!""", on 10' 34 47 Natty 4- i y. -C MITION r P MOM The Lessee's taking pots - session she conclusive evidence as against the Lessee that the promises were in good order and satisfactory con- dition when the Lessee took possession, except an to latent defects not reasonably discoverable by inspection, as to the Building structure and improvements made by Lessor in accord- ance with the attached addendum. No promise'of the Lessor to alter, remodel, or improve the premises of the Building and no representation respecting the condition of the premises or the Building have been made by the Lessor to the Messes unless the same is contained herein, or wade a part hereof. This lease does not grant any rights to light or air over property, except over public streets kept open by public authority. At the termination of the lease by lapse of time or otherwise, the Lessee shall return the premises in as good condition as when the Lessee took possession, ordinary wear, loss by fire and other natural loss, not occasioned by the Lessee, excepted, the failing of which the Lessor may restore the premises to such condition and the Lessee shall pay the cost thereof. 8. ALTERATIONS. The Lessee agrees not to make any alterations or changes in the demised premises Without the prior written consent of the Lessor, which consent shall not be unreasonably withheld. All additions, fixtures, or improvements, except only store and office furniture and fixtures which shall be readily removable without injury to the premises, shall be and remain.a part of the premises at the expiration of this lease. 9. USE OF PRAISES. The Lessee will occupy and use the premisees '-during t storm for the purpose above specified and none other; will not exhibit, sell or offer for sale on the premises or in the Building any article or thing whatso- ever (except those articles and things essentially connected with the stated use of the premises) without the advance written consent of the Lessor; will not make or permit any use of the premises which, directly or indirectly, is for- bid& p by public law, ordinance or governmental regulation or Wahl y-be dangerous to life, limb, or property, or which Rey` idato or increase the premium cost of any policy of " ee carried on the Building or covering its operation, and -gill comply with the Rules and Regulations attached to this inst_-wment, hereby made a part of this lease as though inserted in this section, and such other rules and requla- tions necessary for the proper functioning of the Building as Lessor may hereafter adopt and make known to Lessee by prior notice. In addition to all other liabilities for breach of any covenant of this section, the Lessee shall pay to the Lessor an amount equal to the increased cost of insurance or damage attributable to Lessee's violation of this covenant. 10. MPAIaS. The Lessor shall, at the Lessor's own expense, keep' �t S"' promises in good order, condition and repair during the terse, including the replacement of all broken glass with glass of the same size and quality, with signs thereon, under the supervision and with the approval of the Lessee. If the Lessor does not make repairs promptly and adequately, the Lessee may; but need not, make repairs, and the Lessor shall pay promptly the reasonable cost thereof. At any time or times, the Lessor, either voluntarily or Submitted into the public record in connection, with item- L340L.on p"97 Matter QtY lexk:;.: pursuant to govwmmental requirement, may, at the Lessor's own expense, make repairs, alterations or improvement in or to the Building or any part thereof, excluding the premises, and during operations, may close entrances, doors, corri- dors, elevators or other facilities, all without any liability to the Lessee by reason of interference# inconvenience or annoyance. The Lessor shall not be liable to the Lessee for any expense, injury, loss or damage, resulting from work done in or upon, or the use, any adjacent or nearby building, lard, street or alley. The Lessee shall pay the Lessor for overtime and for any other expense incurred in event repairs, alterations, decorating or other work in the premises are not made during ordinary business hours at the Lessee's request. 11. UNTENANTABILM. If the premises or the Building are made untenantable by fire or other casualty, the Lessor may elect: (a) To terminate this lease as of the date of the fire or casualty by notice to the Lessee within thirty (30) days after that date, or (b) To repair, restore or rehabilitate the Building or the premises at the Lessor's expense within sixty (60) days after the Lessor is enabled to take possession of the injured premises and undertake reconstruction or repairs, in which latter event the lease shall not terminate but rent shall be abated on a per diem basis while the premises are untenantable. If the Lessor elects so to repair, restore or rehabilitate the Building or the premises and does not substantially complete the work within the sixty (60) day period, either party can terminate this lease as of the date of the fire or casualty by notice to the other parry not later than seventy (70) days after the Lessor is enabled to take possession of the injured premises and undertake recon- struction or repairs. in the event of termination of the lease pursuant to this section, rent shall be apportioned on a per'dism basis and be paid to the date of the fire or casualty. 2n no.event shall Lessor be liable to Lessee for any damages resulting to Lessee from the happening of such fire ait)i"ualty or from the repairing or reconstruction of said pr oses, or from the termination of this lease as herein provided, unless caused by a negligent act or omission of the Lessor, its employees or agents, nor shall Lessee be relieved thereby or in any such event from the Lessee's obligations hereunder except to the extent and upon the conditions expressly stated in this section. 12. L0l1NENT DOMAIN. If the whole or any substantial part of the emiae premises shall be taken or condemned by any competent authority for any public use or purpose, the term of this lease shall and upon, and not before, the date when the possession of the part so taken shall be required for such use or purpose. Current rent shall be apportioned as of the date of such termination, but the entire award shall be the property of the Lessor without apportionment. Pik 13. LESSOR'S REMEDIES. All rights and remedies of the Lessor here enumerated shall be cumulative ,.and none shall exclude any other right or remedy by law. Submitted into the public • � w record in connection with item on , ..I _ ' -V i � ratty I city Cie- -(a) if any voluntary or involuntary petition or similar pleading under any section or sections of any bank- ruptcy act shall be filed by or against Lessee, or any voluntary or involuntary proceeding in any court or tribunal shall be instituted to declare Lessee insolvent or unable to Pay Lessee's debts, then and in any such event Logger may, if Lessor so elects but not otherwise, and with or without notice of such election, and with or without entry or other action by Lessor, forthwith terminate this lease, and not. withstanding any other provisions of this lease Lessor shall forthwith and upon such termination be entitled to recover damages in an amount equal to the then present value of the rent reserved under this lease for the residue of the stated terra hereof, less the fair rental value of the pre- mises for the residue of the stated term. (b) If the Lessee defaults in the payment of rent or it the prompt and full performance of any provision of this lease, or if the leasehold interest of the Lessee or business or fixtures of Lessee be levied upon under execution or be attached by process of law, or if the Lessee makes an assignment for the benefit of creditors, or if a receiver,be appointed for any property of the Lessee, or if the Lessee abandons the premises, then and in such event the Lessor may, if the Lessor so elects but not otherwise, and with or without notice of such election and with or without any demand whatsoever, forxhwi" terminate this lease and the Lessee's right to possession of the premises. (c) Upon termination of this lease, whether by lapse of time or othexrwise, Lessee shall surrender possession and vacate the premises immediately, and deliver possession thereof to the Lessor and hereby grants to the Lessor the right to enter upon the premises in such event and to expel or remove the Lessee and any others who may be occupying or within the premises and to remove any and all property therefrom in accordance with the applicable provisions of the Florida Statutes then in effect, without relinquishing Lessor's right to rent or any other right given to Lessor hereunder or by operation of law. (d) .If Lessee abandons the premises or otherwise entitles Legsor,.to so elect, Lessor may, at its option, enter into the.premises, remove Lessee's signs and other evidences of tenancy, and take and hold possession thereof in accordance with applicable Florida Statutes. Upon and after entry into possession, Lessor shall use reasonable efforts to reset the the premises for the account of the Lessee to any firma person or corporation other than the Lessee for such rent, and upon such terms as may be reason- ably attained. In any such case, the Lessee may make such reasonable repairs, alterations and additions in or to the premises, and redecorate the same to the extent reason- ably necessary to accommodate a new tenant, and Lessee, shall, upon demand, pay the cost thereof, together with Lessor's expenses for reletting. If the consideration collected or to be collected by Lessor upon any such relet- ting for the Lessee's account is not sufficient to pay - monthly and full amount of rant reserved in this lease, together with the costs of repairs, alterations, additions, and redecorating and the Lessor's expenses as herein set forth, Lessee shall pay to the Lessor the amount of each monthly deficiency upon demand= and if the consideration so _640 Submitted into the public record in connection with item on. -.lam,,• Mctty l . - _ c., i f37-972 city Cic .4- C collected is more than sufficient to pay the full amount of, the rent reserved herein# together with costs and expenses of the Lessor, Lessor shall account on a monthly basis for the surplus to the Lesson- (e) Any and all property which may be removed from the premises by the Lessor pursuant to the authority of the lease or of law, to which Lessee is or may be entitled, shall be handled, removed or stored by the Lessor at Lessor's risk, provided, however, that Lessor shall not be obligated for the reasonable value, preservation or safekeeping thereof absent any negligent act or omission on the part of the Lessor, its employees or agents. Lessee shall pay to the Lessor, upon demand, any and all expenses incurred for such removal and all storage charges against such properties so, long as same shall be.in the Lessor's possession or under the Lessor's control. Any property of the Lessee not removed from the premises by Lessee within thirty (30) days after the end of the term, or and of Lessee's right to possession of the premises, however terminated, shall be conclusively deemed to have been forever abandoned by Lessee and become the property of the Lessor. The removal of Lessee's property, as above provided, shall not constitute a waiver of Lessor's lien thereon. 14. COSTS AND ATTORNEY'S FEES. In the event that either party to this lisse is required to take legal action to enforce their rights hereunder, then in that event the parties to this lease agree to pay the prevailing party its costs and expenses, including reasonable attorney's fees and including appellate costs and reasonable attor-ney's fees on appeal, if any. 15. SUHOR.DMATION OF LEASE. The rights of the Lessee under this lease shall be an are subject and subordinate at all times to the lien of any mortgage or mortgages now or hereafter to be made upon the security thereof, and the Lessee shall execute such further instruments subordinating this lease to the lien or liens of any such mortgage or mortgage& as shall be requested by the Lessor. The Lessee hereby irrevocably appoints the Lessor as attorney -in -tact for the Lessee with full power and authority to execute and deliver in the name of the Lessee any such instrument or instruments; provided, however, that such power of attorney shall not be exercised except upon notice to the Lessee. Nothinq in this section 15 shall operate to affect Lessee's right to possession of the leased premises in -accordance with the terms and conditions of this lease, so long as Lessee is not in default of this lease. In the event any mortgage is foreclosed and the mortgagee succeeds to the interests of the Lessor under the lease, mortgagee and Lessee shall be bound to each other as if the rortgagee were the original Lessor hereunder. 16. NOTICES. In every instance where it shall be necessary or esirable for the Lessor to serve any notice or demand upon the Lessee, such notice shall be in writings Oft shall be sufficient: (a) To deliver or'eause to be delivered to the Lessee a written or printed copy thereof, or Submitted into the public 407" record in connection with item, 12W , on 111• Matty ' iiii . 87-W2 City C1en, (b) To send a written or printed copy thereof by United States certified emailt postage prepaid, addressed to the Less** at the -demigod premises, in which event the notice or demand shall be deemed to have been served at the time the copy is posted, or (a) To leave a written or printed copy thereof in or upon the demised premises or to affix the same upon any door leading into the demised premises, in which event the notice or demand shall be deemed to have been served at the time the copy is so left or affixed. All notices or demands shall be signed by the Lessor or its agent. Where the Lessee desires to serve notice or demand upon the Lessor, such notice or demand shall be in writing and shall be sent certified mail, retu= receipt requested, postage prepaid, to Lessor at the following address: FLU -REM CORPORATION, c/o ��o ��A , Agents, 100 New Wor Tower, 100 North Discafynt Boulevar Miami, Florida 33132. 17. M=sC=ELLANECuS . (a) Unless otherwise agreed by Lessor in writing, no receipt of money by the Lessor from the Lessee after the termination of this lease or after the service of any notice or after commencement of any suit or after final judgment for possession of the premises, shall reinstate, continue or extend the terra of this lease or affect any such notice, demand or suit. (b) No waiver of any default of the Lessee here- under shall be implied by any emission by the Lessor to take action on account of such default if such default persists or be repeated, provided, however, that where Lessor allows any default to persist, it shall give notice to the Lessee of its:intontion to take action and further shall allow a reasq able opportunity for Lessee to correct such default. No eiO4s' a waiver sha11 effect any default other than the default specified in the express waiver and that only for the time and to the extent therein stated. Any and all waivers must be in writing and signed by Lessor or its agent. (c) "Lessee," as used herein, denotes both singular and plural and all genders. Where 'Lessee" consists of more than one person, whether natural or artificial, all the persons constituting "Lessee" shall be jointly and severally liable for all obligations to be performed by Lessee herein. (d) Each provision hereof shall extend to and shall, as the case may require, bind and inure to the benefit Of the Lessor and the Lessee and their respective heirs, legal representatives and successors, and assigns it the event this lease has been assigned with the express, written consent of the Lessor. (a) This instrument becomes effective as a lease Upon execution and delivery by both Lessor and Lessee. 16, LIEN UPON LESSEE'S PROPERTY. All property, furA- iture, furni n qs eq iu went ateitures belonging to the Submitted into the public -e- record in connection with itemone•. (972 Natty H44 • LOSS** situated upon the demised premises, during the term Of this leases shall be and are hereby bound for the payment at the rent herein reserved and for the fulfillment of all the covenants of this lease, and a lien first and prior is hereby ,created thereon in favor of the Lessor for the full and prompt payment of such gents and fulfillment of said covenants. 19. INTEGRATED AGREEMENT. This lease contains and embraces the entire agreement between the parties hereto, and no promises, representations or warranties, written or oral, have been made by either party to the other, except as set forth herein or attached hereto and hereby expressly incorporated herein and made a part hereof, to -wits EXHIBIT A - Plan prepared by William E. Tschumy, Jr. showing leased premises. EXHIBIT 8 - Specifications and Addendum to specifications prepared by William E. Tschumy, Jr. No modifications, changes, additions, deletions, limitations or extensions shall be deemed valid, bindinq or effective unless in writing, signed by the party to be charged or its duly authorized agent. 20. APPLICABLE LAW, INVAL This agreement shall be governs ance with the applicable laws c any term, clause or provision c to be invalid or unenforceable, of any other ter:trs, clauses or affected thereby. ID PROVISIONS & CAPTIONS. d by an+-Vcons trued in the State of Florida. If f this lease shall be adjudged the validity and enforceability provisions shall not be The captions of particular sections o: clauses of this base are inserted as a convenience and for reference only, :.aad'ia -bo way limit, enlarge, define or otherwise affe . scope or intent of the lease or any provision that '3 grid are not to be construed as part of this lease. ;w 21. LESSEr'S INSURANCE AND HOLD -HARMLESS AGAMMENT. Lessee shall provide and maintain at its own ex:ense the following insurance with such insuring companies authorized to do businss in the State of Florida and in such form as shall be satisfactory to Lessor: (a) Workmen's Compensation insurance in accordance with the Florida compensation law, including employer's lia- bility coverage for all workmen, employees and c thars em- ployed by Lessee. t. (b) Comprehensive general liability insurance with the following minimum limits of liability: Bodily injury $ 500#000 each person •. $100008000 each occurrence Property damage $ 100,000 each-oemarrence 340,000 aggregate The policy shall provide for protective liability Submitted into the public -9- record in connection with item 1 "��s on. _.� •, 87!-97Z Matta Hirai insurance with respect to operations of contractors. The polity should be endorsed to provide coverage for Lessor as an additional insured with respect to its liability arising out of its ownership of the lease premises. The policy shall include an endorsement to the effect that the "Other Insurance Clause" shall not apply with respect to similar insurance carried by Lessor* to addition, the policy shall include contract liability coverage which shall cover the following Indemnity Agreement, which agreement is hereby made a part of this leases Lessee hereby agrees to indemnify, defendt and hold harmless Lessor from all suits, actions, legal pro- ceedings, claims, demands, damages, costs, expenses, at- torney's fees (hereafter called •claims"), and from all expense in defending claims, including court costs, attorney's fame, the amounts of any judgments recovered, and any other expenses resulting from claims for bodily injury, sickness or disease, including death resulting therefrom sustained by any person or resulting from any injury to or destruction of property, including the loss of use thereof, caused by any failure of the Lessee in any respect to comply with any of the requirements of provisions of this lease including, but not limited to, the acts or omissions of the Lessee and its agents or employees and customers and/or by any contractor - hired by the Lessee, or its agents or employees, and/or by any sublessee, its agents, employees and customers. Lessee shall cause certificates of insurance to be furnished to Lessor, which certificates shall state that Lessor will be given at least thirty (30) days written notice prior to any change in or cancellation of any of the coverages therein indicated. The certificates shall show that the above indemnity agreement has been specifically insured for the limits herein specified. 22. FIRE INSURANCE. fire and eaten O coverage property and interests in release -each other from an which my be covered by th Lessor and Lessee agree to carry insurance on their respective the demised premises and mutually y claims for losses or damage sir respective policies. 23. WITW OiLDING OF PREMISES AND HOLDING OVER. The Lessee on the last day BT Wei term, or on earlier termination and forfeiture of the lease, peaceably and quietly surrender and deliver premises to the Lessor. Should the Lessee withhold possession of the premises from the Lessor after the termination of said lease, whether by lapse of time or by election of either party or in any other manner provided herein or by law, the damages for which the Lessee shall be liable to the Lessor for such detention shall be and hereby are liquidated at a sum equal to double the rate of rental stipulated herein for the period of such detention; further should the Lessee remain in the demised premises after the termination of this lease, them in that event the Lessor may elect to consider such withholding of the premises as a holdover of this lease, and treat said Lessee as a tenant at sufferance on the same monthly tegW and conditions as are contracted in this lease. 24. OPERATXIG EXPiNSE ADJUSTMENT. By reason of rising costs, the parties hereto agree at the annual rental for t Submitted into the public -lo- recoxd in connection with ; tem 1 on • - the demised premises shall be increased by virtue of any intlevase in operating expenses for the building incurred by the Lessor during each year subsequent to the base year, the base year being the calendar year 1979. Any increase over the base year shall be divided by the total number of square feet is the entire building and the result multiplied by the number of square feet demised hereby to determine Lessee's share of the increase. The annual adjustment, if an increase in operating expenses over the base year has been realised, shall be payable in full by Lessee upon receipt of an annual statement or billing reflecting Lessee's share of the increase. A short -year adjustment shall be made during the last year of Lessee's tenancy, the adjustment to be the product of one -twelfth (1/12) of the short -year's increase in operating expenses over the base year multiplied by the number of months of tenancy in the final year. This short -year ad- justment shall be payable in full by Lessee upon receipt of a statement or billing of same. For purposes of this lease, operating expenses shall include, but are not limited to, wages and salaries (including any employer's taxes thereon) of all employees engaged in the operation, servicing and maintenance of the building; all janitorial and office supplies and materials used in operating, servicing and maintenance of the building; costs of water and power, heatinq, light, ventilating, air conditioning& utilities and fuel; costs of all maintenance and service agreements on equipment and of service contracts, such as trash collection and extermination; costs of repairs and general maintenance, exclusive of expenses as alterations and premises for the accommodation of a specific tenant; and exclusive of expenditures made for capital investments; all taxes and assessments and governmental charges whether federal, state, county or municipal, which are levied on or charged against real or personal property used in connection with the operation, servicing or maintenance of the Building, or rent thereon, and any other taxes and assessments attributable to the Building or its operation (excluding, however, federal, state, county or city income taxes); management fees; and all other expenses paid in connection with the operation of the Building properly chargeable against income. Lessor shall, at the earliest practical time after commencement of this lease, provide Lessee with the operatinq expenses for the base year. Losses shall have the right, without prior notice, during Lessor's usual business hours, to inspect Lessor's business accounts and records pertaining to the Building, and its operation, servicing or maintenance for the purpose of ascertaining the correctness of any adjustment made under this section. Notwithstanding any of the foregoing, and in addition thereto, the said operating expense adjustment shall not exceed five percent (5t) for any one year. 25. OPTION TO LEASE. Lessee shall have the option to lease approxsmate y 9 square feet of additional rental space on the eighteenth floor (shown on Exhibit C and des- ignated "Space A") and shall have the option to lease ap- proximately 192 square feet of additional rental space on the eighteenth floor (shown on Exhibit C and designated "Space SO) by giving written notice to the Lessor. Such options are given upon the following torms and conditions: (a) The option to lease Space A shall be exec• cised by written notice to Lessor given on or before �ea:1 I&f. 141 Z-A The option to lease Space B *shall be -11- Submitted into the public record in connection with item on 10 • . 8"r--W72' matt-� iixai r, '7 • exercised by written notice to Lessor given on or before • Lesser may exercise either, both or n er op on, at Lessee's sole discretion. (b) If an option to lease Space A is exercised, the term for the additional space shall commence on L or as soon thereafter as the Lessor can deliver -possession to the Lessee, whichever shall first occur, and shall terminate on the termination date of this lease. In the event the additional space is not ready for possession by said data (whether because improvements must be made or because of any other reason), rent will be abated until such time as it is ready. (c) If an option to lease Space 8 is exercised, the term for the additional space shall commence on lit �. l4.p3♦__.► or as soon thereafter as the Lessor can deliver PC ssion to the Lessee, whichever shall first occur, and shall terminate on the termination date of this lease. In the event the additional space is not ready for possession by said date (whether because improvements must be made or because of any other reason), rent will be abated until such time as it is ready. (d) The annual rent for the additional space shall be at the same rate per square foot as set forth on page one of this lease, which rent shall be payable on a prorata basis, at the same time rant is due under this lease. F' (a) If the Lessee exercises an option to this lease, Lessor and Losses shall enter into a written agree- ment modifying this lease. Such modification shall reflect and be governed by the terms of this lease, with appropriate adjustments for the additional rentable area. (f) If an option is exercised, Lessor agrees to make improvements to the additional space to the and that the interior design of the additional space will conform to that,Vf the leased premises. Lessee shall bear forty per- cent (401) of the cost of such improvements and Lessor shall bear_ sixty percent .1604) of_ such cost. 26. I"ROVEMENTS TO PREMISES. (a) Lessee's architect, William E. Tschuny, Jr., has prepared a set of plans and specifications dated January 11, 1978 (including Addendum A to the specifications dated March 13, 1978), which plans and specifications are incor- porated herein and made a part hereof. Lessor will cause the premises to be improved in accordance with the plans and specifications. The term of this lease shall commence upon completion, and approval by William F: Tschumy, Jr., of the improvements, which approval must be granted if the improve- ments conform to the plans and specifications. The entire Cost of the improvements, which is projected to be $63,000, shall be born by Lessor, however, Lessee shall pay to �r on behalf of Lessor the sum of 525,000, which amount shall be applied against the cost. Specifically, Lessee shall'pay William E. Tschuay, Jr. his fee of $4,200 and shall pay Lessor the balance of Lessee's obligation hireunder, $20,800 (325#000 - $4,200), in two installments. The first install- ment of S5,800 shell be paid upon signing of this lease and the second installment of $15,000 shall be paid upon com- pletion, and approval by William 2. Tschomy, Jr., of the Submitted into the public record in connection with -11- item on . 0_•31T klatty Hirai L J Y Clerk S`7'-AiYON72 ispmvements, which approval gust be granted if the improve- • s+en:s conform to the plans and specifications. M It is anticipated that the improvements will take approximately two (2) months from the date of signing of this lease to complete. If the improvemonts are not completed by September 1, 1970# Lessee shall have the option of taking the premises in their then condition or terminat- ing the lease and receiving repayment of the architect's fee (54,200) and the first installment MoSOO) of Lessee's share of the cost of construction. However, the foregoing option shall not apply if the failure to complete the im- provements by the given date is caused by the acts or omissions of Lessee, its agents or representatives. (c) until the first day of the term of this lease (or until this lease is terminated in accordance with the foregoing), Lessee shall retain occupancy of the premises known as Suite 1703, in the Now World Tower building under the terms of its present lease. (d) In the event that the actual cost of con- . struction of the improvements in accordance with the plans and specifications is more than $63,000, Lessor shall be responsible for the entire amount of the excess. In the event that the actual cost of construction of the improve- ments is less than $63,000, then Lessee's share of such cost shall be reduced from $25,000 to 25163 times the actual cost. Upon completion of the improvements, Lessor shall supply Lessee with documentation of the actual cost of construction of the improvements sufficient to establish Lessee's share of such cost under this provision. (a) Upon c=pletion of the improvements, Lessor agrees to repair and repaint (where applicable) the common areas of the eighteenth floor so that such co=on areas conform to the standards of the building. 27. OPTMM TO TEPAMTS. - (ak,4assee shall have the option to tozminate thi:,,Usse. �_ •a � option shall be exercised by delivery of written notice to the Lessor on or before the expiration of the first four years and six months of the original term of the lease. In the event the option is exercised, the lease shall terminate as of the last day of the first five years of the original tern of this lease. Except as hereinafter described, upon termination of the lease, the obligations of the parties hereunder shall cease. (b) If Lessee exercises its option to terminate this lease. and if neither the premises nor any part thereof is leased or occupied by another tenant as of %he first day of the sixth year of the original term*of this lease, then, Lessee's obligation to pay rent hereunder, and Lessee's right to occupy the premises, shall continue until the first to occur of another tenant leasing or occupying the premise$ or the last day of the third month of the sixth year of the term of this lease. IN WITNESS WHEREOF, the parties have caused this instru- -13- Subrnitted into the public xecord in connection with item On • • ♦ i sent to be executed under their Beale, an the day and year first above written. Signed, sealed and delivered PLO-MW CORPORATION it the presence of ?Ac; 4t $y (SEAL I" to Lessor] fflop • .ry ' [As to Lessee] ROBERTS i ROLLAM M 8y I" ,1 tiev siaun and start ai1.11eas of tsi ••t ,�•.►►a.r•� and C.;t1, t/.•.) .1ch ♦1.IVr, 1 •`.a, low r,t ug-rial as shall be tir%t stiattfit • :►'..e ...art In af.Lln�, "F•Yryltent" signs shall be dislolurvil 11ir the 1@?�NC bM �i•aM'l'aiea at otlatruetlahs. signs. flags +r I -Mint. ► Atuft y or any ad�trtl ' device of any loud trh,te:•tr shall 140, y►... d ;n #rent sl sand building of in A a past ys. 411s. lobbies or eorridors thtre the Letaet, sad the tAubet rt got ill the t!ghl to tehtOve all said showeasea. obstructions ►tirbt3t tholes, %tAtYary or +� vt being deltic" sad all lima ether than them' provided far', without scuds to the Lessoo ! at trrat't tapenat. Ns ntN'apapot, othelline at ethet adv6WAS'lig is to be dane train else said prtmisa of Warring to Ott alit ta;ae% unless lent appravtd by the Lester. All sleet %hail be in the English languaco only Vale" contrary perminion is gives by Ghsttt sift writing Auction or similar typo sales ate prohibited. S• The Lettat shell *at, without Lessor's itrrittatw consent, put oil or opersto any oteam.,oisgint boilers, maehiasiry or *cove In the rrelbises or et.rty on any tnet:hanital business thereon er do any tooking or use or allow to be toted upon the d4thised ihitts sii•burnittg fluodt, eantoMne. gasoline at beresens for ,citing, warrttint or lighting, or anything for illuminating said tttiset oatept electricity. No article doomed estrs hu%ardous an aeeount of tiro and no eaploaives shall be brought Into said ,allot, Z. The sidewalks, ontrius, paasaCts. staircases and staitses %Mali net be obstructed or used by any tettunt or by any of agento, clerks, aer ursts, employees, eustansers, patrons; or visitors of any tenant for any ether purpose than that of ingress and •:s, all loitering being peothely prohibited. 1• The Mashes, sash•doers. windows and any light at sktlighta that reflect or admit light into the halls or other parts of Itutldinr %hall not be covered or obstructed; nor %hill stirthing be placed upon or hang tram the window sills at be protruded any window. No awnings or shades shall be put up without written consent of the Lessor. S. The toilet roams and other apparatus and appurtenances in connection therewith shall not be used for any other our. than that for which they ate respeetiveiy intanded. and the expense of stir breskage, stoppage or damage resulting from .tion of this rule shall be borne by the tenant, who or whose agent, clerk, servant, employee, customer, patron or visitar shall eaut►ed IL 6. No tenant shall *nark, paint, drill into or In say way deface any of the walls. tailings. partitions or floors. or any wood, ir :, on or other work, nor drive into nor insert in any part of any woodwork or other portion of the leased premises any otte or • nails at screws. Daring or cutting for any purpose whatsoever is absolutely prohibited. 7. We tenant shall do or permit anything to be done on the leased promitat or in the building in which the same art situated s would Interfere with the rights of any other tenant and no tenant shall make or permit improper noises in the Wading. I. Me tenant shall install or operate any phonograph, musical instrument, radie or similar device in the building, or any Ina or senal wires. or any equipment inside or outside the building without. In each and every instarsee, prior approval in "t and as specified by the Lesser. The use thereat. it permitted. shall be subject to central by the Loner to the and that othvrs not be di-sturbed or annoyed. and the Lasser fnay, at any time, withdraw its permission therstor granted, in which ease this Mil apply in the same manner as it such permission had never been granted. No additional locks or bolts of any kind shalt be placed upon any of the doers or windows by any tenant unites .ed by the Lesser. and each tenant shall. upin the terminuion of his tanancy, restore to the Lessor oil keys of offices and rooms furnished to or otherwise procured by said tenant. In the event of the loss of any keys furnished by the Lessor, the shall pay to the Lesser the cost thereof. No additional locks or :imilar devie'es shall be ottached to any door or window. :t for any door other than those provided br the Lesser shall be made. It more than two says for one lock are slenired by the . the Liviaer may provide tote same upon payment by the Lessee. Upon termination of chit tease or of the I.ro%rn's iw•sca,.ion. sloe shrill surrender all ke;s at the premises awl *hall 8046e 6ne1.n to the Lessor the safl4notion of all camlivination 1e41.4 so. CoWeets awel vaults. t, Thr workmen of the toner must be twployed by the tenant for repaics. paintin . lettering. Interior moving and other s.ork that may be done on the leased promises, and only persons outhoriaed by the ssor will be permitted to furnish itse c water, towel and similar service, end only at hours and order regulations fixed by the Lessor. No furniture. fixtures, Was or other heavy or bulky matter of any description "I be moved into or vut of the build - Wean 8:J0 a. in. and S130 p..tat. in sack sod every ease of removal frown the building: previous notice must have been xi•en tenant to the person is cheep et tht building:. and the parsons ensployed to remove the same must be acceptable to the No animals or birds shall b r'brwsgh: into of kept in the building, roe installation of electric apparatus. telephone or otherwise. will be permitted except by the consent. and under the n of Use Lessor. it the Losses desires :siephonie or telegraphic installation or the installation of any ele•trical wiring. $.So . ill. upon reccivint a written request trait the Lessee. direct tits electricians as to where and how the wires are to be intro• nd run, and without siieh directions no borint. cutting or installation of wires will be permitted. So electric current intended for ligh. and power purposes shall be used by the Lessee excepting that furnished and I br the Lesser. nor shalt electric or ocker wires be brought Into tine premisttt except upon the written eonaent and approval +.star. The tenant. when closing offices for the day. shalt e61111 all winslo.•., thus avoiding possible damage ftvtn are. storm The lessad premises shall not be used far talging or sleepial rooms, or for any immoral or Illegal purpose. Tile Le•.00 re.rsn►:til• for the loaGine of deers and the closing of hansoms :nd s.indows in and to the promises. Any damage result. nogieet of this Rule shall be paid for by the Lessee. We bicycle or other vehicle will be s 1 we9 in the offices. halls. corridors or any other part of the buildings and nothing .l:rowst out et the windows or doors or down the passages of the building. Any and all drapes placed at anterior windows or where otherwise risible from outside the demised prsadses must be the lintnr must be approved by Lasser prior to installation. The tenant shall list all articles of lrrttiture. eta., which he may desire to remove from the building. and before removal rust be presented at the office of the ►uildsin& during business hours, for approwaL 3evator service will be furnished by dho Lessor daily lam 8:30 a. m. to i:SO p. aL. Sunday* end helidays excepted. r 1`e54i'ves the right to close the building and exclude the general public on such dove and at such hears as in Its judge . 'd be to the best interest of the building or its tenants. 'he Lessor reserves the complete and eaelusive eontrei of ovary part in the building except the Spaces rented to Lessor ;etlantt. end it fast^*$ the right to operate the building and to change. remodel or add to this building or any of it such tnswlncr ee Lessor may Its w s;:rject only to the tenoat's reasonable right of ingress and ogress and use of t' �' � d it Flsl eta a accordance with the provision herein. record in connection with item on ib ,tatty Hirai -- .. aaG u{++rtt s.►id yratMi Il,at tear br rttluired to hoalt SKY rtpirs. t tat t.+its.er than dtarr► sereswy ter • felt •rr�+.l"v'a:ioA er ier► tarot,. ... iN00444 or for Mt beaetit of the Lwte. without is am way Mp ' 1 Y tAt of mid i C y +► uwd er h„ ld `wtltlr bt ivitbuft at the Lester, root rt%tr.rd s.`slt �n ittr +salt tt Mute slid rtlraira altefat�end and +,dditirns art baitsg trade. turd the Lessee &hall t#at rt,aa,1 t„ mast Wn, a eat -oft or to � darn► ter daa►at" against the Loeser by maser at less or inlerruption to the business h,.l•tsstea err any aka er ift"wMtiefte tr the Lasses beftwW let the promution of any such work. All sut:h repaint, ogle. • +. alter UGINS, Ad lttieN 04 isapra+ sweats shalt be goste drriad ordluary butinon beurr, or if Miry sulb wont is. at the rtquast Leta o► to be r #soft MAy arbor beeft, the Low* shall pay for all overtume. '" ' No tesasst or Ice iestsplayte at orgy ternant shall go rpott the reset at said building without the Written consent of the as: 24. The i.esaor shall Bret be ttrrpsable ter any articles left :n said hawed promises or in said building by any tansat vaeat• .ttaa and may. at its option, Reeve WLMO treat told preMim or building or salt the sums ter steragt tharces at either publie O ate salt, woo*" "title 'S. The Lerner shall not be nmpsnsible or Nokia to•say t4mtat top the non•ebservatten or violation by any ether tenant of f the faregeong roles sod regulations. or at further or ether roles and rn-ulations hareatter promulgated by the Lessor. I. The Letter reserves the right to make such outer and turthar restsonsblo rules and regulations an in his judgment may. time to time, be needful for *a safety, care or ekasliness of the premises at for the preservation of toad order therein. and td Nth further rules and roolatiet+s shall be binding upon the parties hento with the same force and affect as it they had tattled herein at the terse of the exaeuuan bereeL T. The Lessee shall net plate or permit to be placed any article of any kind on the outside window ledges or elsewhere on *trier malls, and shell set Uumw or drop or Permit to be threw" or stropped &or article tram any window of the Building. All parsons entering or leaving dta Building bstwaas the hours at i P. m. and i a. ns. rosy be required to identify thecae- :e a wau hman by registration or otherwise and to establish their lights to enter or leave the Budding. The Lessor may or expel any paddler, solicitor or bagger at any thus. fj wubmittad into the public reco-ra in. connection with item _12_ on 0 • of I'datty lii--ai City Clerk �3'7 A, a�:.• : �� •.,h� .• •. 1�t11.,aC�,,�••�a►M16'. �,.1� ,�i..'�it-j • "� �'••..!` �•r _.. .� _..•�l�i.•� :o•- -i .r: i.Z . a.. 4Y: ?'•�• ' is ; ► �t�:,t 1+,.=.. • 7'p s,. . i�l� y '^'+'� ,_ •. . -•w V .. *.:,., • . r"� it ,,�.r r' t "ai"L' • ••+ .�A.t.,117���+•�•• r,1•. y. i't�.i�it ••tC ''�`•t� ` �`•+. �►�'it.li♦"s ..te +4p;d1irj�".%.'li'�•=Z� .�:iw h r tltf+�+Cy=%• 't� •S .t.� ..�.. e I I .1'•i.ii••+ �r'�•+ff e tt,s , ..day of %• •.• �+1�1 y ..*!w1.. n 4.r1S, t. + l..•....•4i + �...6 pop i r..41..•►.!1 • .•C..eA, ll! rE �r.0 • •er :. isrrtd to as '%evj or" aced S11Ei. .-*C;C it 4 IYVIS, heit•lnsif t er to as tt•1 T.:'SSET14 L ECCAS. Lmoser I's tl,e lgsste of the trAlre Yjth Floor, hereinafter - �•~�efr:red to as "T�%r+:miss," in tl+R Nov t:urlil Trwer at 100 North Afmcayne i T � ..:••.•t, i•• � � � � i' .... t O � .6a�! e!11t'd i�rtti� :•f!, 1v:7, a erry o: `L:S11 !s •„" ''1+bd as :mMlrit "A"; Life trim Of rr•id ',COX@ s:ar:Rd en nl.-r--arry 1. IS'. mind at kil? tent on January 31, 1. 96, and »•PErMIS, terror dirszi:es to to Lest►ee rsid rrep rwo cc":f�el.�tng 'May 1. 2SS1, for a term ending at 6:00 p.m. on January 31, MS; !!V, 7rr_;*..N;1Eq :he terror and t!:e Lc}s•te de agree no t••llc��s: 1. The =rues :stss rand lots -to from the L+!taor the ritrtrrs. , T':w_ F: • •sf Lts for t".t ; •::, omies of thin wool•+;.ae crn.q.tists of 4,: i0 tt :•t And during the tR3 t;tf tt•frce rt:a1: pay to the t..raor ass rental �;c • ..or Y: .r ,,ulte !001 w Year for the z-•r.::nt of fiats t.1me to t::•a f..;,L :r to (a) it is .•4 9-A? Id LhAt 1.0 Fa`•►r tii 11 ViCA:C "ts 't• - •e -!s • :..•fi.�• vri) w �. _• *''ell - • .-a zl[ of athe r:r•f.fcs :i2 :. tcza::-w• •. • •t•• • .r t • i to ::r.: t e:: •::;• l • :: t1. :s :n r44 ^n U.:bit att:•:!-+d { '•y - ' :• : e a ; ..rt ii«.r.. of. ;1 tro!are, t :e :nitl:tl :t .t r:::l •e !:•r &.! :S P qu-es a feet err' a r•: r.:l•:;• s"it of S7,331.75. M . hhe mir.r►'al :crop: of 1:4•r0 ;tr v:uase froc (04 !:xv '+•-t) 9I.8:1 W st•:"jOCt ro a Y• .trl; si:a-i t.i t WI* !':.*e }t•sr V 1 rkall t • • • t.f .., • • . • It • •• f t • ♦ •• • • w ..! t.+e l., ri .isl • .♦ i til as ;+•�'..•.t• d .y t •e .r♦•tid ...+.Qs : v;••+. n..t of !..::or) with the ii"Oral •iLJ.iW-entsS calcul-stud Ly visit fit ly lflr, Pit- LN !S•f:re.eic t•:er tape Of with in tar t': :.1:•.:i'••M ;n t.-y rti•Zn ;f•'ir of "$a r"'!e .".nri ten ;%I art IV r jt••fi:��� �•.:�. :.C:t'♦i�•fa frill t7iO s'iiii: as of Submitted into the public record in • connection with on COMSITE BUX131T 001310 • • ./� �• SNti T�.�'�i�• r••�1 • �• •`'^ir'•'.ky.. `.%','��ii.�~..•• �• V. • J.,�', i. „ .*�— sS• yz' i;;R. .. `:3` .L.••i -7 _ �►• _ A M..,;` 1� �L... •i.:�7�a_- i T4%.•f '.d :{iCi:;7 • •�.'-•• �i... ~ r:.:h :'.SY 1 lr:a!•;•.•tt:�e o: I:. At :!•Q 1 i•1 r.;?• :.cult* ; •..n I.••f 11 st•:-e ti-me after `•a;, 1 in •rch of raid •cs:s. Nr c•-v;•Ie: Petra, •�: •s:.c;n� ..Ry 1, 1e1: � Cs•; ; •.e it 1 •ess � . Cs-1 April 1, :?81 !'ar 1, !!Al CPI :pill i, jre2 CPT :Pell 1, 1951 • 117.0 1.ar 1, 1931 =ase Rent • 1l4,i;7.50 0 11_.0 :! �1�•i=r•S0 , 613,631.C2 !:•�:;r%tod Use Cont Ctn••CnC1nA May 1, IM) 2. _CA j.1ti to �t.(► t.t'•'rAr t�•Q J�1.� of eO.Rp' .S0, Wf•:eh a 2'.A•1 lc ;.. r...*d to : .c :z• :31 J11e far tllr 1:1Tc ronth of the tern. CA such wlte Lessee $':all Also ;ray to l.cssur $1.3 M.7S to sP,ly to the ttntsl due from =mate to Lesst-r tar the ronth of ::,-Vr 1951, and a like amount on the first day of erch ran-.h thereafter so 1enC as Lessor COntiruis to occu?r the bala:+ce of t!•e Pre -!sea. Crra•co.cing :Ile first dap of the wnth after Lessor vacates t?e, balance of the ruer•ises, the ronthlp rent It -all be $14-617.50 subject to adjustr-oats p:evUod fc•r :A r,:sfri!%h i•rtsto 0-oll -•or to the L::rer all vj-; l:c:,:•le 1 - Florida eslas 680'' ase tarls with t»ch rontal ;.a: rant. 3. 1"0te rVers to ttir`mae L.. sor for the !►reuri ty :sty .:.dtr the .i%s fiat In '"t 4-':'-••,t Of �:=.6ii.M� �'ic�l � •- •t.:.:l !-a hod br Lessor at 9+:ur:t1• 'cr the full and !s1.0,!u1 ;•..:tct-r.::re :.:.d cs vervznte of tt a c':a►ratnis, and cts�d.'tfvrs of %%,is t••ticr e. !n :!•+: • • -it c: a.:p :al%re er Za!zult an the ;art of tLe Lcstee in tho ;•rtt:v:r..;.•.ra r.; tko ca:trsrts a-d r::-It:szs of tt•!s s�:3aaaa, sari gull or ally Fo t:c•A ::.tepee: aa; to a;; Ilt-d l? •L� -*or to t•.a ousta!n L r• .•t�tA Qi tr.•A �� + . t . . .1 t e Ti. t . 1 • fiY.t O. fft.l'ft �n t1.a ri►.t Of ...t ..gag."o the 1WT-rin4tt of f..d i pia, ii i.'.rs •!call 1.6Q m:.i:r,r3 to t.se: wt S.10.14i ti�•:= 05) &. • afft%r t:.e C•+•; iratiOn Ott to rr!:2A&fsn tf V is 4t!•:chf��. R. The Larste aiLrors to t:ke :!:e r:a»i=rs fear the Lv!srr !n !ts c;;r:snt ccu-4.1tic-61 +t!;••ct to ::firr+: :.•..r and t•ir •.:til !::lip v.irwrO.. it Submitted into the Public record in connection with' 1 p item•-�. ox� 4 • vJ72p , Ma�ttX �ixt�, 1t 11 to P :� w:•'•r.:rud ty L••.•rr ::::: t:,r. !.:r si! >:.• r...�.r�;+•r f:.r '..• .r Sn its ;:t•t.•nt :rl:ar:• .,:•d ?fie:!•.�c�, :+vw•4•:t•T a'1 e:hvt fix6tt•trA will =+"t}tit. `'.: i1iR :IIA f !i►Sd C. f ,�•int P•r •;; f•,� �• tt� t1.� 1 it-'3��'�, i�:A 1...♦4.Or ai-d 1: srt&e will !.ate the .4,ctnt v%P. t,rf the c:•,:.yet tj%ei::ttte, :••t:!t :ts ta��Ipr�M�, •i:t�•+'h• ii:•!It-,•� lt:f:��.�`^3r�., �t•I:fit!:•.•:C! :i �t1, Sf � � � t�l:•:Rt L:d�:r t};t.:��:: a e; •::ate+r, ete. �:•el::I:all r•.•ty their «:n costs; •c--:n costs thOU be t:rt.e PTO -rats on a e,t:ore !"t use basis. S. me trtil keep its 1"ase with its 30tasor in W.•nd it-wed!:vt =y =141:t` tl,s r!•n::►l p..;-iz:s and evit'c ce•st payr:•rta tt•n.r♦in r y astl:: ed to d e rttd O"d etl the i- t:.r ttr'L :i: t"e .':i:::+ of :!•a Urg-cr to ror.-«ot! ul:on ~ T*10 red, the t•rssr• Shall have the ri fitt to :»••ko such rayePhnts in i:cr-ur's taha!f Ard >rcduct the *-.aunts so raid from th* r.txt conies dat tl.s Lersor cen :he :trree. In all other respects, Losses *&tees to &Ida ty, cor-pl? with :Ito ttrr..q Cr.d c-r.dit:ot:s of the b.ersor'9 leave with its :01t4ter and the:e!o:e to :'r.t extent r:{u::ad the :rr»s, ct,vcrar:ts :aC conditions of Lr,-sc•rly :+ass %;::h its Irssor are -nco:;.•rs:ed t.srola by retctcnee :.rid Pa4c a t•:.rt !.4:ee: int;lvdln* 9pre fieally tut without l:r:tation PLratraph F of •stiSd �tY+e. • 1 0. 111 t+a• fa-s !.:•:t. ton Lc: oc: and L.r, ee t-rr,•:i ted c•r ; • •. J s'+a • .e !n ::;:!rF a:,d t'e!ir;:rd r•r aw-vt ty :r CWr:!!:«::•t:l rs fo:ln s: :' Ity • is . USOR: tryrh, track, is:tnty, tv?der, 7 a:.,i-ach s L:,r&sa "Oh Flo: r, ':re Warld Tr+.er 1^� ::t•rth Ftsesy�e >tec:2e�•srd NJ.! , !'Stride 3.1132 i0 LLcel,CHoe e. ^r & i.01 "C'D Fe..!1.e att Kist M.-U.C.nal Bark ss:11Cinq fe-ith =1acs?re lMYlavatd '.Idani, f:ccida 33131 be V !•:C% z:itten notice to t:IQ e:!•cr Submitted into the public .3„ record in connection with item #JALA on •10 , "? Tatty I•irai 4 1. Cn !'.4V 1, l :�•l, L..:...� a!,,,11 ��: •S its ir.,4ut `:ire tt•Y& i s ; `0 a ew-lg ly ylth 01.1 fmtlac°s lt• tsf• r.•ltir its ltb•t.411►6 s... . ..�» r t B. i.n� t.; �l;e s•r 2�c.�r.t•t a.• I•...in •ntur;tt! 1- of y , CT�:! �i�i��:tS�C t'i :.:•, A tt•! ! ••.� rr :.r•d the t!tal 1 be „Atf! !ty Ose Lt:ror. � • 9. Leacror &ts1&-9, tranallers and acts over to '61-e see all of its r4l+t, ties and intereyt in &nd to the parl•fng eont:r,cts tore prrrfru::+rly d••R=riLtd ir, V-htlit "C' at Mild hereto and by rafcrence made a ,art :0. '••t-�:: tz!.a;1 f•I!�•or rr.•reseir�n of ttre Lsl:.trce of t:•t f;.:::yes to ltp%ea vi wr ! Jtlre f•rt:•ttr fit.•• 1 :••d hoeever tf r..eator elects to Ofllver 01e ,tt•Mites ;•riAr to that date and r!1311 911t !••• P-0 -i - thirty (10) days r.:,tice ; ricr to the date of t::te •':'+11 hi* r on the first day of the e.ar°th involved. I : t►1?'• ��c ;:*.ICo*COr, tire lrartl#!S 141all c wSe tlrix hIrt111in•.•:tt to lie Fx•::2:Fd :.�:+.r t'.r:r it. -Is .n t!.e d43• and -rar first z-bo •e wr:!t-%n• U'rS E: •- t X1 Fi . � » frt{ "4OPSA • :v •• By • VEST. ier:?or t'• :•� F'.T �•! c- -!e-e� ! r::'F of v-sa:r of ttw :,t,rerIC ., f so, °. /a.rft .i:o;ve tt:«mod .°.�e.f! i..:�'kttt :C:I tf tti SUH0.,&I,* trail. s% t•1? ... »..�.�. ......� MI. t:::f ri : E :tit ShM:33 i : ceCKIA- 011 Submitted into the public r record in comic -lJ on wit�ii iteml,_.,.W cn !PvA&'V' Tv -&I iY rii rai Cii-y Clerk . 0 1 i• c'iN • t .. 0 LAS_E 0* THIS ACREEt[ENT entered into this day of ____ _ , . ,-„-„_• 1917, between PLOMPrCOAPORATION, s orid& corporation, as party of the first part, hereafter called "Lessor". whose business address is 100 North Biscayna Doulavard, Miami, Florida, 33132 and RICH. S'G=, LAZENSY A BENDER, party of the second part, hereafter referred to as "Lessee": WtTNESSETH: That Lessor, in consideration of covenants and agreements hereinafter contained leases to the following described property situated in Dade County. more particularly described as follows: A total of 7,421 square feet on the Thirtieth Floor at $8.75 per square foot in the building known as New World Tower, situated at 100 North Biscayne Boulevard, Miami, Dade County, Florida, as shown on the attached sketch, Exhibit A. P the ` Lessee Florida,: USE. The property shall be used only for office sppace and or no other purpose. except by written consent of tE�e Lessor. TERM. The term of this lease is ten (10) years. The lease shall commence thirty (30) days after Lessor certifies in writing to Lessee that all improvements shown in the plans which are attached hereto and made a part hereof as Exhibit A. have been completed and the floor is ready for occupancy. Upon receipt of the aforementioned notice, Lessee shall have the right to enter upon the leased premises for the purposes of preparing 5 said premises for occupancy. • ,•,. AL PAYMENTS. The agreed total rental for this �; IS. `�As Six in re orty-Nine Thousand Three Hundred Seventy- i� Abd Fifty/100's Dollars ($649,377.50) payable at the rate f? ofilveThousand Four Hundred Eleven and Fifteen/100's Dollars per month plus 4% Sales Tax: Said rent shall be payablo on the first day of each month during the terms. in the event that this lease eounanees at an time other than tics first i! day of a month, the initial payment shall be prorated from the date Lessee actually occupies the property to the end of the month. All payments shall be made to Lessor in advance without f: demand ac the office of the Lessor or at such ocher place and to such other person as Lessor stay from time to time designate in writing. e SECURITY DEPOSIT. Lessee aggroes to pay Lessor a security depoe t the amount of Six ?housand Sewn hundred Sixty Five and Ninet;;: our/100 s Dollars ($6,765.94) payable as follown. the amount of Thousand One Hundred Seven and Ninety-Two/100's ' ($2,107.92) now deposited with Lessor from the rental of property on the Tenth Floor of Now World Tower is hereby credited to Lessee as the initial payment. Thereafter, on January 1, 1978, Lessee shall pay Two Thousand Three Hundred Twenty -Nine and one/100's Dollars ($2.329.01) and on July 1. 1978, the amount of Two Thousand States Hundred Tventy-Nine and One/100 s Dollars ($2, 329.01) shall be paid to the Lessor representing the balance of the security 4pposit. The cotai amount paid hereunder shall be held by Lessor as security for the full and faithful performance and observance of the covenants and conditions of this lease. In the event of any failure.or default on the part of Losses in the par• form:ance of the covenants and conditions of this teasel said suss Submitted into the public record in connection with stun _fto on i R or any portion thereof may be applied by Lessor to' the damages Lessor way sustain by reason of the default or failure on the 4 part of Lessee, and the remainder of said sun, if any, shall be ; 1; returned to Lessee within 15 days after the expiration or termin- !� stion of this lease. COVENANTS AND CCNDITI0::5 The following express covenants, stipulations and i� conditions are made a part of this lease. (Lease continued on UP 2) s .1a- Submitted into the public record in connection with item _JA#__ on j1 V Marty Hrai City Clerk f • Mom• rw • �SE,w R_ VME. Tha Lessor* shall provide: (a) Janitor sa vice in and about the promises. ' The Lessee shall not provide any janitor service without the Lessor's written consent, and, if consent be given, always subject' { to supervision of the Lessor and at the Lessee's sole responsibil- ity. i (b) Elevator service. (a) Electricity. Lessor will, however, charge for unusual or extraordinary use of electricity (as for use of i' electrical apparatuses other than typewriters, copiers and ' calculators). as mutually agreed by the parties. 1 (d) Air conditioning. which shall be furnished �i from Lessor's central units. (a) Slater and savage disposal. restroom facilities' and public areas. I! The Lessor does not Warrant that any of the services above mentioned will be free from interruptions caused by repair.-. a, renewals, improvements, alterations. strikes. lockouts, accidents.: inability of the Lessor to obtain fuel or supplies, or other i cause or causes beyond the reasonable control of the Lessor. Any V such interruption of service shall never be deemed an eviction or disturbance of the Lessee's -use and possession of the premises or any put thereof, or sander the Lessor liable to the Lessee for damages. or relieve the Lessee from performance of the �! Lessee's obligations under this lease, except that this sentence (� shall not apply to any such interruption of service caused by any negligent act or omission of the Lessor. t� Z. LESSOR'S TITLE. The Lessors title is and always �ahall.be paramount to the title of the Lessee. and nothing herein � coatsisNed shall empower the Lasses to do any act which can. or to Shan Os may saavmbor the title of the Lessor. , 1 3. CERTArM RIGHTS RESERVED TO LESSOR. The Lessor 1. reserves the fo aw ng ts: (a) To change the name or street address of the Building without notice or liability of the Lessor to the Lessee. (b) During the last Ninety • (90) days of the term or any part thereof. if during or prior to that time the Losses vacates the premises. to decorate. remodel. repass, alter or otherwise prepare the premises for reoccupancy. (e) To grant to anyone the exclusive right to conduct any particular business or undertaking in the Suilding, , (d) Constantly to have pass keys to the premises.• and (a) To enter the promises at all reasonable hours for inspection, repairs, alterations or additions, to exhibit the premises to others, to display "For Rent" signs, and for any pu:r- pose whatsoever related to the safety. protection. preservation or improvement of the premises or the Building or Lassos s interests, without being deemed guilty of an eviction or disturb- ance of the Lessees use and possession and without being liable in any manner to the Lessee. Submitted into the public record in connection with .Z. 1 i� item „.%•.on 87" 972 , t 4. DErAULT UND11; OTHEtt LEASE. If the therm of any - lease 0'.0t1ta�e.,�ttan E s oar 5%. made by die Lessee for an in the Buildina,`or Lessee's right to po*%vAxihn thereunder, shall be terminated or terminable after the =kinf; of this Ie-iuv. b.- cause of any default by the Lessee under such other lease, such fact shall am or the Lessor. at the Lessor's sole option, to terminate this lease, or Lessee's right to possession hereunder, by notice to the Lessee. S. VAiVER OF CERTAIN CLA114S. Lessor shall not be liable. and Lessee wa ves all c a or damage to person or Property sustained by the Lessee or any occupant of the Building or premises resulting directly or indirectly from an act or neglect of any tenant or occupant of the Building other than the Lessor, its agents or employees. If any proparty damage results to the Building, from any nogli ant act or omission of the Lessee,* the Lessor may. at Lessor's option, repair such damage, whether cause to the Building or to the tenants thereof. All personal property belonging to the Lessee or any occupant of the promises that is in the Building or the promises shall be there at the risk' of the Lessee or such other person only. and Lessor shall not be liable for any damage thereto or theft. disappearance, or mis- appropriation thereof, unless caused by the negligence of the Lessor, his employees or agents. : 6. ASSIGHHENT AND SUBLETTING. The Lessee ihall not assign or convey thli lease or any Interest under it without the Lessor's written consent, nor shall Losses allow any transfer ` hereof or any lion to be created upon the Lessee's interest by opperation of Law. Lessee will not sublet the premises or any part!, thereof without Lessor's written consent, which consent shall not be unreasonably withheld, except that Lessee ma sublet offices and the right to use the common areas '(sueh as library facilities rafreshmedt facilities, etc.) to other Attorneys, or Accountants without obtaining consent of the Lessor. In the latter case. Lessee shall require the person, firs or corporation subletting Office space to assume in writing all of the terms and conditions of this leases on the part of the Lessee of an sublease. If the Lessor shall consent to any assignment or subletting. or if Lessee assigns or sublets to Attorneys or Accountants in ac- cordance with this section, neither the Lessee nor any Assignee shall be relieved of any liability hereunder, and in the event of"defiinit by such Assignee* in the performance of any of the terms hereof, no notice of such default or demand of any kind ' need be served on Lessee to hold him liabla to Lessor. It is understood and agreed that any sublettor or assignee of the Lessee shall be subject to all of the Lessor's remedies herein contained, and Lessee shall not make any agreement for subletting or assignment without providing that sublettor or assignee is subject to such remedies. Lessor may consent to subsequent assignments and subletting without notifying any assignee and without obtaining his or their consent thereto. 7.* CONDITION OF PREMISES. The Lessee's taking possession shall be conelusive ev1denee as against the Lessee that the ppromises were in good order and satisfactory condition when the Lessee took possession. except as to latent defects not reasonably discoverable by inspection. as to the Building struc- ture and improvements made by Lessor in accordance with the attached addendum. No promise of the Lessor to alter, remodel, or improve the promises of the Building and no representation respecting the condition of the premises or the Building have been made bir the Lessor to the Lessee unless the same is con- taiued herein. or made a part hereof. This lease do" not grant any sights to light or air over property. except over public &crests kept open by public authority. At the termination of this lease by lapse of time or otherwise, the Losses shall return the promises in as good condition as when the Lessee took pos- session, ordLnary Wear, loss by fire and other natural loss, not occasioned by the Lessee, excepted, the failin of which the Lessor may restore the promises to scel�sos shall pay the cost thereof. *or Sublessee record in connection with item on Ant-9211A Natty Hirai E ALTEPA?IONS. The Lessee across not to make any !� alterations or c ng�es n the demised premises without the prior written consent of the Lessor, which consent shall not be un- reasonably withhold. All additions, fixtures, or improvements, except only store and office furniture and fixtures which shall be readily removable without injury to the premises, shall be � and remain a part of the premises at the expiration of this lease.; 9. USE OF PREHISES, The Lessee will occupy and use the premises during t e team or the purpose above specified and none other; will not exhibit. sell qr offer for sale on the Iel,-_!--00!pt sex or in the Building any article or thing whatsoever those articles and thinEs essentially connected with 'the stated use of the premises) without the advance Written consent of the Lessor; will not slake or permit any use of the premises which, directly or indirectly, is forbidden by public law, ; ordinance or governmental regulations or which may be dangerous to life. limb, or property, or which may invalidate or increase the premium cost of any policy of insurance carried on the Building or covering its operation, and will comply with the Rules- and Begulatioas attached to this instrument, hereby made 'a part of this base as though inserted in this section, and such other rules and regulations necessary for the proper funatlOuing-cf the. Building as Lessor may hereafter adopt and make known to Lessee by prior notice. In addition to all other liabilities for breach of any covenant of this section, the Lessee shall pay to the Lessor an amount equal to the increased cost of in- surance or damage attributable to Lessee's violation of this covenant. 10. REPAIRS. The Lessee shall, at tha Lessee's own expense, keep tIM p—adises in good order, condition and repair during the taro, including the replacement of all broken glass with glass of the same size and quality. with signs thereon.if under the supervision and with the approval of the Lessor. the Lessee doss not slake repairs pros►ptly and adequately, the Lessor may, but need not, wiles repairs, and the 'Lessee shall pay tly the reasonable cost thereof. At any time or time, the: ..either voluntarilZ or pursuant to governmental ra- gtalNray, at the Lessor s own !Xpense, make repairs, alter- aCiats A= 3aveweot in or to the Buildin prog or any part thereof, !'hs premises. and durin operations, spay Close entrances dooss corridors, elevators or o2er facilities, all without any • liability to the Lessee by reason of intarfarenca, incouvenience or antwyaaes. The Lessor shall not be liable to the Lessas for any expense, injury. loss or damage, resulting from work done in or upon. or the use of, any adjacent or nearby building, land, street or allay. The Less" shall gay the Lessor for overtime and for any other expse icurred event repairs, alterations,; decorating or otbsr cork in the prises are not made during ordinary lapremises usiness hours at the Lessee's request. 11. UNZ-AN?ABILI?Y. If the prewsias or the Building are wade tmtenanCa6ii e by CITS or other casualty, the Lessor may elect: ` (a) To terminate this lease as of the date of the firs or casualty by notice to the Lessee within thirty (30) days after that data, or (b) To repair. -restore or rehabilitate the Build- ing or the preardses at the Lessor's xpa a within sixty (60) days after the Lessor is enabled to tars Possession of the in- jurod premises and undertake reconstruction or repairs, in rleie h Letter event the lease shall not terminate but rent shall be abated on a per diem basis while the premises are untsnantable. If the Lessor eloc6 so to repair, restore or rehabilitate the Submitted into ;the public record in conndction with A -41P item on Ae r9 72 Motty Hirai tilag building or-tha premises titnet does comeplate the work within the sixty (GO) day period. either party can terra. inate this lease as of the date of the fire or casualty by notice. s: to the other party not later than seventy (70) days after the Lessor is enabled to take possession of the injured premises and `• undertake reconstruction or repairs. In the event of termin- ation of the base pursuant to this section, cent shall be apportioned on a per diem basis and be paid to the date of the fire or casualty. In no event shall Lessor be liable to Lasses i, for any damages resulting to Lessee from the happeninj of such �+ fire or casualty or from the repairing or reconstruction of said premises, or from the termination of this lease as herein pro- . vidad. unless caused by a negligent act or omission of the Lessor,l his employees or agents, nor shall Lessee be relieved thereby or i in any such event from the Lessee's obligations hereunder except ! to the extent and upon the conditions expressly stated in this ' section. ; is �12. EMINENT DOMAIN. If the whole or any substantial part of the deem se re see shall be taken or condemned by any st competent authory for any public use or purpose, the term i of this lease shall end upon, and not before, the date when: ` i; the possession of the part so taken shall be required for such !; use or purpose. Currant seat shall be apportioned as of the date of such termination, but the entire award shall be the property of the Lessor without apportioammt. s� 13. LESSOR'S REMEDIES. All rights and remedies of t, the Lessor herein enumerat*3 sKill be cumulative, and none shall S exclude any other right or remsdy by law. ' (a) If any voluntary or involuntary petition or • similar pleading under any section or sections of any bankruptcy s, act shall be filed by or against Lessee, or any voluntary or ': involuntary proceeding in an Court or tribunal shall be insti-tuted to declare Lessee insolvent or unable to pay Lessee's ;t debts, then and in any such event Lessor say, if Lessor so elect -• but not otherwise, and with or without notice of such election, : and witb-or without entry or other action by Lessor, forthwith j testate this lease, and notwLthstandin any other provisions of _'lease. Lessor shall forthwith and upon such termination ball.: titled to recover damages in an amount equal to the than r• pro out value of the rent reserved under this lease for the residue of the stated term hereof, less the fair rental value of the premises for the residue of the stated tarn. 1 (b) If the Lessee defaults in the payment of _ rant or in the prompt and full performance o&=Mssee provision of this lease, or if the leasehold interest of or businecsq or fixtures of Lessee be levied upon under execution or be attached by process of law, or if the Lessee wakes an assignment for the benefit of creditors. or if a receiver be appointed for ' any property of the Lessee, or if the Leasee abandons the premises', ` !vent the Lessor say, if the Lassos so elects but not otherwise, and with or without notice of such election and with or without any demand whatsoever, forthwith terminate this lease and the Lessee's right to possession of the premises. (a) Upon any termination of this lease. whether by lapse of time or otherwise. Lessee shall surrender possession and vacate the premises immediately. and deliver possession there- of to the Lessor and hereby grants to the Lessor the right to enter upon the premises in arch event and to expel or raove the Lessee and any others who may be occupying or within the premises and to remove any and all property therefrom in accord- ance, with the applicable provisions of the Florida Statutes than In effect. without relinquishing Lessor's right to rent or any other right given to Lessor hereunder or by operation of law. i Submitted into the public , !' record in connection with !; item : 87 on T 0 . 4 art. ,.. ••• ��. a..,- (d) If Lessee abandons the premises or otherwise ancitles Lessor to so elect, Lessor may, at his option, enter Into the promises, remove Lessee's signs and other evidences of tenancy* and take and hold possession thereof in accordance with ' applicable Florida Statutes. Upon and after entry into possession Lessor shall use reasonable efforts to valet the premises for the account of the Lessee to any firm, person or corporation other than the Lessee for such rent, and upon such terms as may be reasonably attained. In any such case. the Lessee may make such reasonable repairs, alterations and additions in or to the premises, and redecorate the same to the extent reasonably necas- sary to accommodate a new tenant, and Lessee, shall, upon demand, pay the cost thereof. together with Lessor's expanses for relet- ting. If the consideration collected or to be collected by Lessor upon any such seletting for the Lessee's account is not sufficient to -pay monthly and full amount of rent reserved in thi.3 lease. together with the costs of repairs, alterations, additions., and redecorating and the Lessor's expenses as herein set forth, Lessee shall pay to the Lessor the amount of each monthly defi.cienc upon demand; and if the consideration so collected is more than sufficient to pay the full amount of the rent reserved herein, together with the costs and expenses of the Lessor, Lessor shall account on a monthly basis for the surplus to the Lessee. - (a) Any and all property which say be removed from the premises by the Lessor pursuant to the authority of the lease or of lawn to which Lessee is or may be entitled, shall be handled, removed or stored by the Lessor at Lessor's risk, provided, however, that Lessor shall not be obligated for the reasonable value, preservation or safe keeping thereof absent any negligent act or omission on the part of the Lessor, his employees or agents. Lessee shall pay to the Lessor, upon demand, any and all expenses incurred for such removal and all storage charges against such properties so long as scam shall be in the Lessor's possession or under the Lessor's control. Any property of the Lessee, not removed from the premises by Lessee within thirty (30) days attar the and of the term, or and of Lessee's rig�� to possession of the premises, however terminated, shall belm, clusivdly deemed to have been forever abandoned by Lessee a"y_ 17 Cht IF of the Lessor. The removal of Lessee's as above provided, shall not constitute a waiver of T lieu thereon. 14. COSTS AND ATTORM'Sin$. In the event that either party to Eh -is Lease s required to take legal action to enforce their rights hereunder, than in that event the parties to this lease agree to pay the prevailing party its costs and expenses. includin reasonable Attorneys fees and includin Appellate costs ani reasonable Attorneys fees on Appeal, it any, 15. SUBORDINATION Or LEAS. The rights of the Lessee under this ease shall e and are subject and subordinate at all tires to the lien of any mortgage or snortga es now or hereafter to be made upon the security thereat, and the Lessee shall execute such further instruments subordinating this lease to the lien or liens of any such mortgage or mortgages as shall be requested by the Lessor. The Lasses hereby irrevocably appoints the Lessor as Attorney -in -Tact for the Lessee with full power and authority to execute and deliver in the name of the Lessee any such iustrumsut or instrumsats; provided, however. that such power of Attorney shall not be exercised except upon notice to the Lessee. See attached page 6a for continuation. 16. WTICES. is every instance where it shall be necessary or des rrabre for the Lessor to serve any notice or demand upon the Losses such notice shall be in writing; it shall be sufficient: Submitted into the Public retoxd in tonne coon with item .6. �qit - - � 1 ..� i/i+✓� js i _ -' � fit— .. 'a.a . 1 t — ` i. , i �� .1.....: -if Section 15- - ..; �'~-"`�• ;'- ' - . . is Sothin$ in this Section 15 shall operate to effect ' • - Lessee's rijht to possession of the leased premises in accordance i. with the tarms and condition of this lease, so long as Lessee is not in default of this lease. In the event any mortgage foreclosed is and the mortgagee succeeds to the interests of the i landlord under the lease. mortgagee and lessee shall be bound to ' each other as if the mortgagee were the original landlord here- i i under • .. m . Submitted into the pudic o• record in connection with -bay item fon 0 87r-972 UQtty Hirai ' i OW" � Tb deliverbi r or cause o deliva:ra:d to the Lessee a 7AC ten or printed copy thereof, or �i (b) To send a written or printed copy thereof by United States certified mail, postage propaid, addressed to +; the Lessee at the demised promises, in which event the notice d 1! or demand shall be deemed to have been served at the time the j� copy is posted, or If � j' (c) To leave a `mitten or printed copy thereof in or upon the demised promises or to affix the same upon any -- I door leading into the demised premises, in which event the notice 1! or demand shall be deemed to have been served at the time the ; copy is so left or affixed. All notices or demands shall be signed by the Lessor or its agent. , Where the Lessee desires to serve notice or demand upon the Lessor, such notice or demand shall be in writing and shall be sent certified mail, return receipt requested. postage prepaid, to Lessor at the following address: YLO-KEM CORPORATION, !! c/o , Agents, ! 100 New Varld Tower. 100 Hort"l-Scayne NQULevaril Florida 33132. 17. MISCELLANEOUS. i !� (a) Unless otherwise agreed by Lessor in writing. (; no receipt of money by the Lessor from the Lessee after the �= termination of this lease or after the service of any notice or i after commencement of any suit or after final jud mans for possession of the premises, shall reinstate. cdatinuo or extend the term of this lease or effect any such notice, demand or suit. (b) No waiver of any default of the Lessee hereunder shall be implied by any omiission by tha Lessor to take : action on "Count of such default if such default persists or be z%Wi� tad; provided, however, that where Lessor allows any default to persist, it shall give notice to the Lessee of its intention to take action and �ther shall allow a reasonable opportunity for Lessee to correct such default. No express i waiver shall effect any default other than the default specified In the express waiver and that only for the time and to the extent therein stated. Any and all waivers suet be in writing and sig led by Im or his �! C •"Lessee." as used herein danoeas both 0,04singular and plural and all genders. Where "Lessae" consists of 1-;.1'- more than one person, whether natural or artificial, all the = : persons constituting "Lessee" shall be jointly and severally : liable for all obligations to be perforwed by Lessee herein. o cl (d) Each provision hereof shall extend to and . 0 shall, as the cast may require. bind and inure to the bensfit 0 a 0 of the Lessor and the Lessee and their respective heirs, legal o representatives and successors, and assigns in the event this b U lease has been assigned with the express, written consent of the ,a Lessor. o(a) This instrument becomes effective as a lease //.� upon execution and delivery by both Lessor and Lessee. `� + ; { (f) Should the Lessor's interest in the Building be sold or made subject to a ground base, the Lessor say trans - for or deliver the security deposit made hereunder to the purchas- { or of the interest.•and the Lessor shall, after providing to Losses Notice of such transfer or dolivery, thereupon be dis- charged from any further liability with respect to the security ! deposit. The rights of the Lessor shall in no way be l.ted or restricted by the security deposit, but the Lessor shall I� have the absolute right to pursue may available rowdy to protect a ' •7W „ s Mr - 'its as if the security deposit had not been made • 18. LIEN UPON_ LESSEE_' S _PROPERTY. All property, furniture, furTkLsh ngs, equ peens And 1I.Xcures belonging to the Lessee situated upon the demised promises, during the tertti of this lease, shall be and are hereby bound for the payment of the rant herein reserved and for the fulfillment of all the covenants of this lease, and a lion first and prior is hereby created thereon in favor of the Lessor for the full and prompt payment of such rents and fulfillment of said covenants. 19. INTECRATED AGREEMENT. This lease contains and embraces the entire agreement etween the parties hereto, and no promises, representations or warranties, written or oral, have been trade by either party to the other. except as set forth herein or attached hereto and hereby expressly incorporated here- in and made a part hereof, to wit (list attachments): Listed on Page as No modifications, changes, additions, deletions, Limitations or extensions shall be deemed valid, binding or effective unless in writin`. signed by the party to be charged or its duly authorized agent. 20. APPLICABLE LAW INVALID PROVISIONS & CAPTIONS. The agreement s&=a governs y and construed in actor nco with the applicable laws of the State of Florida. If any tarn, clause or provisions of this lease shall be adjudged to be in- valid or'unenforceable, the validity and enforecability of any other terms, clauses or provisions shall not be affected thereby. The captions of particular sections or clauses of this lease are inserted as a convenience and for reference only, and in no way limit, enlarge, define or otherwise affect the scope or intent of the lease or any provision thereof, and are not its be co"Mad as part of this lease. 'LESSEE'S INSU[tANCE A►YD HOLD-EtAItI�Q.ESS AGREEHENT. Lasal shall pro an to at t own expense t e c owing iniur= with such insuring companies authorized to do business In the State of Florida and in such form as shall be satisfactory, to Lessor: A. Workmen's Compensation Insurance in accordance with the Florida Compensation Law. including Employers Liability coverage for all workmen, employees and others employed by Lessee. S. Comprehensive General Liability Insurance with the following minimtim limits of liability: Bodily Injury $ 900.000 each person ' $1,000.000 each occurrence ' Property Damage $ 100.000 each occurrence $ 300,000 aggresace The policy shall provide for'Protective Liability Insurance with respect to operations of contractors. The policy should be endorsed to provide coverage for Lessor as an additional -$- Submitted into the public record in connection with item) ouAi"s : MQttY MIL," 117-972, City Clerk • i i r �t1►t-��,soetioo 19 ''= �= . Xzbibit A • Sketch plan shoving leased sad optioned pre�ises Bsbibit s - List of Lprovesients to leased premises. { Exhibit C - Covenant relating to buildins renovation. Exhibit D - Agraeeent relating to library shelves. Exhibit t - building plans shoring renovation. • 1 • Submitted into the public • record in connection with item_ on.�' .S,j. N ct#ty Hi CU* City CIO 0 •i urosd a 'respect to its liabili arisen one_of Its-Omer- shipf thi lease premises. The po1ey shall iacluds an andorne- +rrae to the effect that the Other iasuraaece Clause owl oat ur apply with respact to similar insance carried by Lessor. In addition, the polltK shall include Contract Liability Coverage which shall cower the following Indmi Agreement. uldch , agreement is hereby made a part of this leers: ' i Lessee hereby agree to indemnify, defend, and hold harmless Lessor from all snits, actions, legal proceedings, claims, demands, dams es. costs, Maas. attorney • fees (hare- iacltter called "claims" 0 and from use in defending claims. t including Court costs, attorney a feest the s■ounts of any jvdgmnts recovered. and an other expenses result from claims for bodily injury, a akness or disease, Incil ino death , resulting thesafrom sustained by any person or resulting froi ' any injury to or destruction of proper , including the loss of ' use thereof. caused by any failure of Lessee in mr respect to comply with am of fire is of promiaions of this lease iaeluding. but not 14 tad to$ the acts or asissiow of the Lasses and its agents or 107 and ewatmr =Was by any contractor hired b the Lassa. or its agents or employees andf or by any sublessee, agents, e■ployus tad nostonr is... Losses sball cause certificates of iasusa4ea to be' furnished to Lessor which certificates shall state that Lessor will be give at least thirty �30� dot's written notice prior to any chan�e in or cancellation of any of the eover rain indicate . The certificates shall shoe that tine above indemnity I agreement has been specifically insured for the Limits herein specified. 22. FM IUSUt•DCia Lessor and Lessee agree to Barry firs and exten coverage mace an their sespcave property and interests in the demised promises anal ieWMIa y release each other from any -claims for loss" or damp which may be covered by their respective police". 23. V121M==0 Of ADD i1CR UG OAR. The Tessa tball an t T teM9 or en SULIAW to="- I atom, add fosfiitvre of the leanso peaceably amd quietly aursendea: aai dt�iwa: u to the Luxor. ibpuld the Luse withhold posdbei•aion a the premises from the Lessor after the tasmination of edict Issuewhether by lapse of time or by sleetim of either ! Party os in any other msnaw provided berein or �IM • the damage for which the Lessee absll be liable to Lessor for such:: shall be and hereby we 1 tuLdatad at a an or" to double the rate of ssotal stipulated beia for the peeled _ of such detention; further should the Lessee ri■ain in the dsmisa• premises after the te:min&tion of this leas. them, in that evmt the Lessor may elect to consider lush ritieLoldirep of the premises u a holdover of this lease. and treat said Less" •s a taunt at sufferance on the saes monthly terms and eowntioms as are contracted In this hiss. Ib. OrltDAflaG it' reason of rising costa. the parties nesyto agree zMat 1 ao val rental for the demised Ps mixes• shall be ioereased by virtue of my Inersase in operating es for the tuilding itcorred the Lessor during' each yeas wbs"vent to the bass mar, Me base yeas boiag the ealenaas ear 1f7D. Any inosease eves the base yew shall be divided by total amber of aquake feet in the entire Dundee and result multiplied by the aunber of square feet =Sod hereby to determine Lessees shake of the lmesoasa. no amoral adjustmente if an iaiarease in operatic expenses owe the base yeas has been arual- ised , shall be payable in full by Lessee upon receipt of an annual statemmen or bill reflecting Lessees s Shaw of the incseaae, A short -year !Vlupcnent Us �Amt fast year of Lessees tenancy• the adjusw _ � s record in connection with 'g" ite'in on oneltwelfth (1112) of the short -year's Increase in operating sxpeosis the bass year multiplied by the nusber of months of taotac _ ha final year. This short -year adjustment shall be a-lfts lull by Leases upon recai t of a statement or of aaer. Tor the purposes of this leas•, operating ' expenses shall include, but are not limited to. wages and salariesi (including any employer's taxes thereon) of all employees angaged In the operation, servicing and maintenance of the Building; all janitorial and office supplies and materials used in operating! servicing and maintenance of the Duilditi;-costs of water and power, heating, light, ventilating, aisconditioning, utilities and fuel; costs of all maintenance and service agreements on ! equient and of service contracts such as trash collection and extermpmination; costs of repairs and general maintenance, exclu- iiva of expenses as alterations and promises for the accommodation of a specific tenant; and exclusive of expenditures made for capital Investssnts; all taxes and assessments and governmental charges whether federal. state, county or municipal, which are levied on or Char ad against real or argORM, oroperty used in connection with thin operation, servicing or maintenance of the Building. or rent thereon, and any other taxes and assaasmaats attributable to the Building or its operation (amluding, hwwever, Federal Income Taxes); maangemsae fees; aid all other espeases paid in comaction with the operation of the Building_pvopesly abargesble against Tacoma. Lessor shallo at the ear at practical, tier after �ancgo nt of this lace; psavide Leis** with the operat3as as for the base year. Lasses shall have the right, without or notice, during Lessor's usual business - hours, to ins act Lessors bvsinoss accounts and records pertain ins to the Su1lding, and its opesatioa, servicing or maintenance for the purpose of ascart the correctness of an adjustment made under this section. �thstandi'a any of the foregoin , and addition tharato, the said operating expense adjustment sail not eseead n for any ore yams. 23. Or PMUMX . Tenant shall have the option to laws appro:imata • feet of additional rental space (aboith on inhibit D) by g written notice to the land- lord on or before October 1. 1let. such option is given upon the following tarms and eonditioas a. If the option Is exercised. the term for the add2ll+oori apaoa shall com■ence on October 1, 1982. or as soon tbsltes as the landlord ass deliver possession to'the tenant, which own aboll first occur. and shall;teroinata on the termin- ation rate of this leaae.* b. The annual rent for the additional space shall be at the rate of $9.25 per square foot. which gent shall be payable on a pro Bata, monthly buiss at the same time sent is dua under this lease. a. If the tensest exereises this option to losses landlord and tonsnt shall enter into a written agsosment modify- ;.I g thsia lease. Such modification shall reflect and be governed the tasms of this lease, with appropriate adjustments for tha ditional sealable ass&. ..� d. If the option is e=wAsed, landUwd agrees •• to malice improvewota at its expense to the additional apace which are comparable to those tiafts made to the leased premises in accordance with inhibit •, to and that the interior design of the additional space will eoafosm to that of the logged 'pssaiaea. . * In event additional space is not ready for possession by said date, rant will be abated gntil su0a its! 1JRoi&J 1io record in connection with -1o• item on O. CS r"'N 72 N� tty iix A • to VITMS WBMOF. t::effseaties have caused this instrument to be executed under ls.an the day and year first abwm written. Signed, sealed and delivered in presence of: S to LIGsos to Lazisee asp or rwnm COUNT OF DAIM 3 N FIrOMM PAC23Ic I=TY, ISc. AS mum .Amp I m 0 z a the msd m1 pede p ssanally appeased Fes. tbs •/ •� P asd i a A - IA�si � �• A�.T1wl - rspsectivsly ,of�11. 1= Cwo TT M to Hell humn to be the ' parsons asscribed ins and rto eseeeted the lease on behal of FW-m ON MAT= and,, attar beisi duly sworn thsj. • emb of thee sap that 'they bays full ASM and pawn to axsante the fore- � 1 tofti leas On bobalf of the oosposatios and they base e=mted said lease fm and oa bebalt of the earposatioo and tbeis act. is N the act and deed of nA-=Ii ©on Dan=. i VA M so and befue m this UA day Of i. � �rr�eM��oratw i rvJU&4P State, ex W&MUS. at • .. • ubnutted into the public alto record in connection, with iter iL OA _ `% Nat Fm P Me ft ImblIj fttW, pu=rAaUy Wpowed M* Olme after b@JUV &W m- = p d*amw and says he In ft laaskq Diced= for Modda PACLft ?Adtvt Im.0 tint that Fqmr; mdat Is the &AY au*acUrA apft Ew Fk~ t`aepas UCA wA dwk he has ftU ughwitr to aleaft this Imass an behalf of Flo-FAm t7otpoomtqxn ad dn& ad; Lo the aft and ftW 09 that: 0=00MMOL my am4mmica o"Ma "Po" 0 • '911b"litbad into the pubUo. -12P. record in connecfion with item jjjrQ! 87-97:2 city CjQrk • J • . i.7ti.► a i a i 2. 1' X 9' coal" tuft with tluarr.c�nt 13�t t3xtur.. (41HP-eI- �l■at light 9beh tss IrstaUed nlw slseeil3ad) s � OUPI t alaetriml oukLb. ,. Ts i on autlab. s. AU asn doors ad &W jobs i. CMplsbaly am air hiodlars bsigmd lkw Want eontml• 7. CnrpstUq ac cup*IM allvAum of $I.so pre no= yard doe aa.a. arms and l, 14 a - $U.30 p■s qp� yud Aw all aftode alums and =Wbgwn ==q j I. NWkm LMlw bUnik on i a aftd+ar �+dsdow. ' . . "': , �•. !. VWl bmsdx od dawdult.. . 10. CMplats =nvatim of ba ooas (4)md of flZbW s Wrs. My wMesaa• . U. l e I i t bar - sick. Ow. 0 0 • r Submitted into the public record .in connection with item 1--' on 8 7-972 it Simi �. � lard I 13MUtT C L WAT�= " SUMOUG MNMAXZMT In order to induce Loans* to enter into this I*"*. Lessor covenants that the work listed In the attached letter dated March 14. 19". from Randy Olan to Rij1h. Stack, Davis & Laxabby, will be. completed vithis a to tim, eftsistailt with Lessor's plans and tine schedule for renovation of the entirs, bul,loing. Lessor further covenants that the work will be syabstsjom tially as shown an architectural randerins located in the offices of norida Pacific Realty, Inc. Aidak wafiftactural renderings I depict renovations of the ground floor lobby and sidewalk area and elevators. Submitted int. the public WO-rd in connection with 4 • _ i" FACtric �RV.&% T, trce. $sew Mafte low . •Mort 100 000ft WWATW(9 ONLNM10, 04MOIs nANNOa 33128 • 1tLttMOM[ /MO1 370.0r O March 10, 1977 nigh, -stack, Davis and Laseaby t Mr. Charles a. stack Suits loll, Biscayne Tower Niaide Florida 33132 now Bad: I as in receipt of your letter, dated March filth, requesting saveral additional iwprovsants for your nw offices an Us 30tb floor of 100 Biscayne Tower. StWO Magenh,61mr and = have disaassed the additional expense and apes to meat that expense. Our contractor, Tom Clark, will be in touch Mitt ye for specificatioaa and he should begin seastrWtios in. abeat arse (l) week after a building perait is obtained. !�. ��- Flo-Rem's standard office building lease will be draws today and delivered to you no later than 5:00 P.M.* "49d+Yi Narch'lsth. In accordance with our w=tgage camiu mt, Flo -Bee is obligated to renovate 100 Biscayne Tourer. Over the Past few ooaths, we have had our arahitmts, tersodino• Graft # spillis and Candela, organise a plan of renovation for our building. Below, I have listed many of their recoaeadatioas of vbieh we have out for bid at the present time. Some of this work has begun already with other work scheduled very soon. no areas that should be mention- ed are as follows 1) CO • jWWvation of ground floor lobby aid side walk areas aa)ExIck asl�id lob�byyfflooraand side walk or frozen gravel all the replace to OtrNt curb. �D'=ertaliation of lZ-ls black olive trees an the. EsUme side walk area. . e! _ jCoopi tee renovation of elevator$*. e) Installation of security station with television cameras and inforaatiON desk, (subject to pricing). f) Op -date of the tenant board. Submitted into the public record in connection with item IUJ on Matty Hirai 87-9 72 City Clem 4 i • t=i _ �• Bich• l�tatk, bavia and La:anby lsbonld you have any questions concerning these isprovements, please give r a call. Thank you for your I mediate attention. 8iacerel � . i y f slaa ft J. Olen ' R i _c lso PA=MO RsassVI, U46 - - Submitted into the public • ' record in connection with Matty Hirai 2 City Clark 1 • _ _rlr- "•r-- AGSEII NT AS, O USitARY SHtL.V iessae shall, have the riSht to remove all of its library shelves in the library and secretarial offices of its current rentad space on the tenth floor and have then installed in the leased practises. Such removal will be at the expense of the lesses,provided that losses will not be liable for the t aesthetic condition remaining after removal of said shelves. In lieu thereof, lessor may, at its expense provide on the leased itemises library shelves of comparable quality and volume as now exist on the tenth floor. a i P i - i Submitted into the public record in connection with ►tern on M, atty Hir i 8'7 2 City Qer r ' , T 1 d d N�S�.1F A0119M= dated this 11day of May, 1982, ' by and • i beveea ROBERTS & tOLLAN. a cc - partnership under the laws ..` ..�._.�. of the State of Now York, hereinafter together called the "Assignor" and Payton and Rachlin, P.A.. a Florida corpo- ration, bereinafter together called the "Assignee," RECITALS: 1. Assignor is the owner and holder of a certain lease dated April 21, 1978, between the Assignor, as Tenant and FLO-K H Corporation, as Landlord, pertaining to 2.516 square feet on the eighteenth floor of the building located at 100 North Biscayne Boulevard, Miami, Dade County, Florida, all as in said lease described and provided for; the said lease dated April 21, 1978 is bereinaftar referred to as "Lease" and the premises demised thereunder as the "Premises," 2. Assignor has agreed to sell and assign to Assignee the said Leasa, together with all the estate, rights, title. interest, options and privileges of Assignor in and to salt Lease provided Assignee shall assume Assignor's obligations as Tenant thereunder to be performed and on condition that the Landlord under said Lease shall consent to such as- 213nment, all upon certain terms and conditions acceptable to the parties, and the parties desire by this Agreement to - reduce their understanding and agreement to writing as all, hereinafter provided. * and the option space provided thereunder as 'Space A" and •Space B. • Submitted into the public record in connection with item -?de,_ on . ' ikA� a'-"Y Hilial 87—c)72 Cii:y Cleri" NOW$ 'iLi�.s0�, in consideration of the premises and the covenantee and agreements hereof, the parties do hereby agree as followst. 1. Assignor warrants and represents that: (a) It is the sole and absolute owner of the Tenant's interest in said Lease, free and clear of all encumbrances: (b) The said Lease is in full force and affect and has not been modified in any manner; (c) It has duly kept, paid and performed all of the covenants. agreements. terms, provisions and conditions of said Lease on the part of the Tenant to be performed thereunder; (d) It " not in default under the said Lease, and it has not received any notice of default from the Landlord which has not been fully complied with, satisfied and paid; (a) It has fully paid all rents and additional rants payable under the Les a. It is expressly intended that the foregoing warranties and representations .(and any and all other warranties and reprasaa stions in --this Agreement contained) shall be true and effective as of the date hereof and at the time and date.' of delivery of possession of the Promises, all of which said Submitted into the public record in connection wig, items _on too 0 � arty h.cra.t 87-92 City Clexic � a warranties and representations shall expressly survive the delivery of the Assigrammt of Lease and possession of the • Premises as in this Agreement provided for. 2. Assignor covenants and agrees to assign and transfer all of its estates rights, titles interest and privileges as Tanant under the said Lease, including the option privileges on contiguous space, and which said an- signment and transfer shall be evidenced by an Assignment of Lease agreement in the form attached to this Agreement as Exhibit "A." Assignee shall join in the said Assignment of Lease and shall agree to be personally bound by all of the covenants, agreements,'tarms. provisions and conditions set forth in said Lease on the part of Tenant thereunder to be performed. Assignee shall notify Assignor of its intention to exercise the option(s) granted in the said Lease not less than fifteen (15) days prior to the time -that notice is to be given to the Landlord thereunder. In the event notice is given directly to the Landlord, Assignee shall deliver a copy of the same to Assignor. • 3. Assignor agrees to sell, assign and transfer to Assignae all of the leasehold improvements, paid for and oohed by AssUnor and now erected and contained in the Premises demised by the Lease. All of the said leasehold improvements shall be delivered to the Assignee at the time - of delivery of possession of the Pramisas as herein provided * In the event the Assign** does not give the notice here required, then all of the rights of Aobertjtibt1ftA and Space B provided for in paragraph 25 of IJ?,Ikace }ic to Lease) shall remain in the Assignor. record in connection tivith item- 3f_on to-OZ -"0 87-9►72 Matty Hi_, CitY Cler l- T /+ for, all it their present condition and state of repair. 2t is not intended that the Assignor's removable furniture and equipment be included in this transaction, all of which shall be removed by Assignor from the Premises prior to the o 4 7•M delivery of possession thereof to Assignee. U Assignor warrants, covenants and represents that it isa) o �W d : *� now and on delivery of possession of the Premises and said o (D ( oa property will be the sole owner thereof free and clear of any liens and encumbrances of any kind or nature vhatsoeve� � 4. Assignor warrants, represents and agrees to _q deliver possession of the entire Premises to Assignee on June 1, 1982, in its present condition and state of repair, ordinary wear excepted only. 5. Subject to the terms of this Agreement, Assignee assumes all obligations of the Assignor as Tenant under said Lease and agrees to pay to Assignor as additional consideration for the Assignment of Lease and the leasehold improvements to be sold and transferred hereunder, the sum of $106,633.45, payable in equal monthly installments of $1,384.86 each, the first of which said installments shall be paid on June 1, 1982, and continuing monthly thereafter on14 the first day of each Month, l fully paid; $100.00 of the entire sum to be` paid as d represents the price paid for the property' to be sold and transferred to Assignee pursuant to the provisions of Paragraph 3 of this Agreement and the balance for the Lease. Upon the exercise of the option(s) provided for in paragraph 2 above, the Assignee agrees to pay the Assignor as additional consideration the sum of $25,977.60 as to Space A and like sum as to Space B. payable as to each such space $405.90 per month comencing July 1, 1983 and continuing monthly thereafter on the first day of each month until fully paid. 8'7-972 ate; Ap Of 07 Assignor and Assignee shall prorate the 1982 Operating Expense Adjustment in excess of $1.622.82 upon receipt thereof. and such proration shall be according to the length of occupancy of each in the Premises during 1982. If the aggregate amount receivable as sent and.an account of real estate taxes and cost of operations and maintenance with respect to any period of time by a sub- tenant or assignee under a sublease of any separable part or all of the premises shall be in excess of the Assignee's basic cost (as hereinafter defined for such period for such part of the premises), then, promptly after the collection by the Assignee of such amounts so payable for such period under such sublease or sale, the Assignee will pay as an additional purchase price to the Assignor an amount equal to So percent of the excess of such amount so collected for such period over the Assignee's basic cost for such period for such part of the premises. The term "Assignee's basic cost" shall mean the sum of the rent payable to the landlord for such period vfth respect to such part of the premises and the amount, if any, applicable to such:.period as a result of the mmmization of the allocable part of the -3 ? purchase price of this lease on a straight-line basis over .4. the te= for whUh such part of the premises is so sublet. Assignor shall have the right and option to accelerate the maturity of the entire unpaid balance of said sum by Submitted into the public record in connccdon is its item= on _ d • V�A 0% Matty Hirai 8 7'-9'7g City Clerk 1 4r vritten notice to assignee after default in to payment of any installment for 15 days after Written notice and demand by Assignor to Assignee and Assignee's failure to cure any such default. The obligation for the payment under this paragraph 5 represents the obligation of Assignee, the undersigned shareholders of Assignee, and their respective heirs, personal representatives, successors and assigns, jointly and severally. L This Agreement is conditioned upon Assignor obtaining the consent of the Landlord under the Lease to the assignment of said Lease by Assignor to Assignee. 7. (a) Assignor agrees to hold Assignee free and harmless and to indemnify it against any loss, liability, cost, damage and expense it may sustain or incur by reason of Assignor's failure to perform any and all of the covenants, agreements, terms, provisions and conditions of the Lease on Tenant's part thereunder to be performed to the effective data of delivery of possession of the Premises to Assignee as herein provided. (b) If in accordance With the terms of the Lease. Assignee, as Tenant thereunder, shall be entitled to an ` abatement or reduction of the rent payable to the Landlord under the Lease by reason of fire, condemnation, or other similar or dissimilar reason, cause or avant, then, and in any such event, Assignee shall be entitled to receive a co - Submitted into the public record in cC _- ., �7c Lion with item IwJov_ c jj �0) 'r1i Si--97� � City Cleric 87--972 0 1 0 extensive credit and offset against the monthly installments payable by Assignee to Assignor pursuant to the provisions of paragraph 5 of this Agreemento in the same proportion as such rent abatement or reduction under the Lease bears to the total rent payable under the Lease during the same quarterly period. (c) In the event of any breach of the repre- sentations and warranties made by Assignor. or default of i Assignor under any of the terms and provisions of this Agreement, then, and in any such event or events, and in addition to any such right and remedies Assignee may have against Assignor, Assignee shall have the express right to offset and deduct, any and all damages, costs and expense which Assignee may suffer or expend. from any sums payable by Assignee to Assignor pursuant to the provisions of Paragraph 5 of this Agreement. Any such offset or deduction may be credited against the first accruing installments of interest or principal payable by Assignee to Assignor under said Paragraph 5 of this Agreement until Assignee shall be fully reimbursed. S. All brokerage fees payable in connection with the entire transaction contemplated pursuant to the terms of this Agreement shall be the full responsibility of the party engaging the broker and each party shall indemnify and hold the other free and harmless from any claims for brokerage fees by reason of this transaction. Submitted into the pu::Hc record in connection with item _L _ en • 87--972 City Clem against the month installments eata�ssfr�e credit and offset y payable by Assignee to Assignor pursuant to the provisions of Paragraph 5 of this Agreement, in the same proportion as such rent abatement or reduction under the Lease bears to the total rent payable under the Lease during the same quarterly period. (c) In the event of any breach of the repre- sentations and warranties made by Assignor, or default of Assignor under any of the terms and provisions of this Agreement, then, and in any such avant or events, and in i addition to any such right and remedies Assignee may have against Assignor. Assignee shall have the express right to E offset and deduct, any and all damages, costs and expense -t which Assignee may suffer or expend. from any sums payable _i by Assignee to Assignor pursuant to the provisions of Paragraph 5 of this Agreement. Any such offset or deduction j may be credited against the first accruing installments of interest or principal payable by Assignee, to Assignor under ii said Paragraph 5 of this Agreement until Assignee shall be fully reimbursed. S. All brokerage fees payable in connection with the entire trmsitction contemplated pursuant to the terms of this Agree 'i t . shall be the full responsibility of the party.. engaging the broker and each party shall indemnify and hold the other free and harmless from any claims for brokerage fees by reason of this transaction. Cubrnittecl 1111,) t ) tl_0 Public record in conriectio n t vr1'th i tam I.?:fly Hirai 87-972, �.. • 9. Any sales, use or other similar taxes payable to any gov tal authority or agency by reason of the sale of the lwebold Improvements contemplated by this Agreement shall be the sole responsibility of Assignor. All other sales, use and similar taxes on the transfer of possession shall be the sole responsibility of Assignee. Assignor and Assignee shall file any returns and make all payments thereunder as may be required or be payable and will indemnify and hold the other party free and harmless therefrom. i 10. Any notices required or desired to be given pursuant to the terms of this Agreement shall be given by certified mail, return receipt requested, addressed to Assignor at 30 Rockefeller Plaza, New York, New York 10112, attention of Sanford S. Goldberg, Esq., and to Assignee at 100 North Biscayne Boulevard, Hiami, Florida 33132, at- tention of Marry A. Payton. Esq., or to any other addresses or to the attention of such person as the parties may hereafter designate in writing. The receipt of any such notice shall be deemed to be the effective date of such notice. 11. Assigwe shall provide and maintain all insurance coverages set 4crth in the Lease, and each such policy - provided for therein shall be endorsed to provide coverage for Assignor as well as Lessor as an additional insured. Submitted into the public record in cOnnecticn viith item on J@e 161i Matty Hirai 8'7-9- 2 City Clerk 7 tSc� i-Siu�l s'r-s'rz• 1�. Assignee agrees to assume the obligaons of Assignor under the agreement with Southern boil 'Telephone Company, dated May 19. 1979. 13. Its the event of any litigation pertaining to this Agreement, the prevailing party shall be entitled to recover its reasonable attorneys' fees and Costs. 14. This Agreement shill be binding upon and shell inure to the benefit of the parties hereto and their respective heirs, personal representatives, successors and assigns. This Agreement may not be Waived, modified or terminated orally. IN WITNESS WHEREOF, this Agreement bas been duly executed by the parties hereto the day and year first above PAY' By. ROBENan OLLAND By. � a eo. Esq. We, the shareholders of Payton and Raetrlin, P.A., guaranty the performance and pay Agreement. Submitted into the public record in Connection mvith item--y_ on —MA �.% jv7utty Hirai City Clerk I.Iscv- "Latj 87---972 01 i STATE OF FLORIDA ' sa: COUNTY or DOE ) I HERBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared Harry A. Payton and Richard S. Rachlin, hell known to me to be the persons described in and who executed the foregoing instrument as i President and Secretary of Payton and Rachlin, P.A., the corporation in whose name the foregoing instrument was executed, and that they severally acknowledged executing the . same as such officers of such corporation freely and voluntarily _i under authority duly vested in them by said corporation, and that the seal affixed thereto is the true corporate seal of said corporation. WITNESS my hand and seal in the County and State last aforesaid this 1511nday of May. 1982. 0rn. ""Votary Publix, State o:'Florida at Large My Commission Bapires : Not" P :.e, SL= of walk as Lov My Cony w%w Ea;,m JMMT It- UM SWAM wu Mwad sar+q Aeow ems, Submitted into the public record in connection x vith item- on leb • r, Matty Hij . 87-977 City Cleric 87-972.1 5"�A."'� OF NEW YCBK ) ) tit COUNTY Of !ti YOU ) 1 y CERTIFY that an thfs day, before me. the undarai.gnad notary' public authorized in the State and Cauntq named above to administer oaths and take acknowledgments. personally appeared S,INMIM H. C=S=, kncnm to toe to be the person desc-ribed in and who executed the foregoing instrum mt:,, and he acknowledged before me that he executed the same. WITNESS my hand and official seal in the State and County named above this day of May. 1982. Notary Public (Seal)c.ASSUMM, Mot OurlilNd IM Mnw reft Cow" = IAi" Submitted into the public record in connection vjj item -129on /* ' . 1' Maily HLirQi City Clerk r 8'7-9'72 EXHIBIT A ASSIGNMENT OF LEASE • This is an Ass:9=ent c; Lease, data3 this 7 day a , 1982, between ROBERTS i SOLLAND, a cc partnership under the aws of the State of New York, hereinafter called the "Assignor• and Payton and Rochlin, P.A., a Florida cor- _� poraticn, hereinafter Called the "Assignee.• In consideration of ten dollars ($10) and other valuable considerations paid by the Assignee to Assignor, receipt of which is hereby acknowledged by Assignor, and the assumption hereafter provided, Assignor hereby assigns and transfers unto Assignee, its successors and assigns, that certain lease, dated April 21, 1978, between Roberts i Rolland (the Assignor hereunder), as Tenant, and FLG-REM Corporation, a Florida corporation, as Landlord, pertaining to a portion of the eighteenth floor of the building located at 100 North Biscayne Boulevard, in the County of Dade, City of Waal k, and State of Florida, all as in said lease I' . ,4 described and provided for, together with all the estate, rights, title, interest, and privileges (excluding the op- tion privileges on contiguous space) of Assignor under said Submitted into the public record in connection with itemonA-10"'I - Matty Hirai $"i-.,c�►�,� City Clerk hi7 lease (the said lease dated April T1, 1978, is hereinafter referred to as the "i oase") s 9y accepting this Assignment, Assignee for itself, its successors and assigns, agrees to be personally bound by and upon all the covenants, agreementst terms, provisions and conditions set forth in said Lease, hereby assigned, on the part of Tenant thereunder to be performed from and after the effective date of this Assignement, June 1, 1982. Assignor, for itself, its successors and assigns, covenants and agrees, notwithstanding this Assignment, that it shall remain fully liable to Landlord for the performance of all the covenants, agreements, terms, provisions and conditions contained in the Lease on the Tenant's part there- under to be performed. This Assignment shall.be fully effective from and after the first day of June 1, 1982, at Which time the Assignor covenants and agrees to deliver possession of the entire premises demised by the Lease together With appur- tenances thereto, to the Assignee. Zb.have and to hold the said Lease hereby assigned together with all of the appurtenances thereto unto the .n Assignee, its successors.and assigns, from the first day of June, 1982, and for all of the rest of the term of years and renewals thereof as in said Lease provided for. Submitted into the public record in connection with • item!. on 10 • Matty Hip 87-972 City Clei The Assignor bereby covenants, warrants and repre- sents that the Lease hereby assigned and the premises demised by the Lease are free from encumbrances. IN wITNESS w=Rzw, the Asxignor has caused this assignment to be executed, and its corporate seal affixed# as of the day and year first mentioned above. ES: it, air.. 2 ROBEATS i BOLLAND , LESSEE: By �, I lgg� an r WLdberg, Esq. TStle:_ n !734i�x a ., % CONSOT TO ASS Lessor hereby consents to the abmrs A554 MOMC up= the express CoMitioa that the Orional Lessee stall rowdy liable for the proept payment of the reac and the ka*iaE and perfawom a of all coaditions and covamts of the Lease by Lessee to be kept and performed. Lessor does not berebr consent to arty further assi�seat or to any sublettitg of the Demised Promises. DADE SAVOGS AND LOAN LESSO AT: HARM ?Za.E• . Submitted into the public record in connection wit; iteml-26#— on —1QL,X Matty F 87--9'72 City Cl( W EXH. .2 A ASSIGNMENT OF LEASE This is an Assignment of Lease, dated this day of , 1982, between ROBERTS a HOLLAND, a co -partnership under he aws of the State of New York, hereinafter called the "Assignor" and Payton and Rochlin, P.A., a Florida cor- poration, hereinafter called the "Assignee." In consideration of ten dollars ($10) and other valuable considerations paid by the Assignee to Assignor, receipt of which is hereby acknowledged by Assignor, and the assumption hereafter provided, Assignor hereby assigns and transfers unto Assignee, its successors and assigns, that certain lease, dated April 21, 1978, between Roberts a Holland (the Assignor hereunder), as Tenant, and FLO-REM Corporation, a Florida corporation, as Landlord, pertaining to a portion of'the eighteenth floor of the building located at 100 North Biscayne Boulevard, in the County of Dader.. City of Miami, and State of Florida, all as in said lease described and provided for, together with ail the estate, rights, title, interest, and privileges (excluding the op- tion privileges on contiguous space) o Assi nor under said lubmifted into the public record in connection with item_ on AO 91"V L9 7-9'72 Matty Mira City Clerk � wf . lease (the said lease dated April 21, 1978, is hereinafter referred to as the *Lease"); by accepting this Assignment, Assignee for itself, its successors and assigns, agrees to be personally bound by and upon all the covenants, agreements, terms, provisions and conditions set forth in said Lease, hereby assigned, on the part of Tenant thereunder to be performed from and after the effective date of this Assignement, June 1, 1982. Assignor, for itself, its successors and assigns, covenants and agrees, notwithstanding this Assignment, that it shall remain fully liable to Landlord for the performance of all the covenants, agreements, terms, provisions and -• conditions contained in the Lease on the Tenant's part there- under to be perforated. This Assignment shall be fully effective from and after the first.day of June 1, 1962, at which time the Assignor covenants and agrees to deliver possession of the entire premises demised by the Lease together with appur- tenances thereto, to the Assignee. To have and to hold the said Lease hereby assigned mot. together with all of the appurtenances thereto unto the Assignee, its successors.and assigns, from the first day of June, 1982, and for all of the rest of the term of years and renewals thereof as in said Lease provided for. Submitted into the public record in connection with item on !�*2 87.,.972, Mutty Hirai City Clerk 10 ti The Assignor hereby covenants, warrants and repre- sents that the Lease hereby assigned and the Premises demised by the Lease are free from encumbrances. IN WITNESS WHEREOF, the Assignor has caused this assignment to be executed, and its corporate seal affixed, as of the day and year first mentioned above. N I , "''M '�Y "OR, ROBERTS & HOLLAND , LESSEE: 3.11.0 k8L, By Sanfor Gol erg, Esq. Title: .,.,.YSENT TO ASSIGNI�JT Lessor hereby consents to the above Assignment upon the express condition that the Original Lessee shall remain liable for the prompt payment of the rent and the keeping and performance of all conditions and covenants of the Lease by Lessee to be kept and performed. Lessor does not hereby consent to any further assignment or to nay subletting of the Demised Premises. DADE SAVINGS AND 1M ASSOCIATION, LESSOR Nam; arroara A. rrls TIC. Ice Tresinant Submitted info «� pu dic record in co.. - Ction vrith item_on • Matty Hircii 8 7'--972, City Clerk • '4 Y'4"aGr: v