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HomeMy WebLinkAboutR-85-0729J-85-626 RESOLUTION tlO. Aw �'�" rid A RESOLUTION AUTHORIZING THE CITY MA14AGER TO ENTER INTO A LEASE AGREEMENT WITH DADE COUNTY AVIATION DEPARTMENT FOR THE LEASE OF 1f049 SQUARE FEET OF SPACE IN THE 20TH STREET TERMINAL AREA OF THE MIAMI INTERNATIONAL AIRPORT, IN ACCOR- DANCE WITH THE TERMS AND CONDITIONS IN THE ATTACHED LEASE AGREEMENT. f WHEREAS, Dade County Aviation Department has available a S tower and 149 square feet of space to store communications equipment in the 20th Street terminal building of the Miami International Airport; and �a } WHEREAS, the heretofore mentioned tower and space is. essential to provide communications support for the City of Miami Police and Fire Departments; ,z NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The City Manager is hereby authorized to enter into a lease agreement with Dade County Aviation Department ,'or the lease of 1,049 square feet of space in the 20th Street terminal area of the Miami International Airport, in accordance with the terms and conditions in the attached lease agreement. PASSED AND ADOPTED this 18th day ofJul_�yyyy , 1985. Maurice A. Ferre :• . � ...._._._�_ _ MAURICE E. F E R R E MAYOR ATTEST; LPH�ff 7ONCIE, CITY CIER PREPARED AND APPROVED BY. DEPUTY CITE' AT NEY 1 i. APPR©Y AS _ M AND CORRECTNESS; CITY COUNISSION CIA- -G—DOUCHER ME TING OF CITY ATTOPNY JUL to 198 ditle 60 MIAMI, FL-60ibd 53 H6�iorab'] s E�Iayor and Members of the City Comrlissian Luse eme6t. with 0•ade vounty Aviation bepaetment at Miami Internatiof191 Ail -poet City Manage� It is recommended by the rinance Department and the Building and Vehicle Department thatu the City Commission adopt a resolution authorizing the C 1 ".y Manager tc enter into a Lease Agreement ,attn ✓aje County, Aviation iepart:nent r;f the lease of 1,049 square feet of space in the 20t Street Terminal Area of the Miamiinternational Airport, for a one-year term, _ renewable yearly but not to exceed S years, at an annual rental of $1,558.08. Dade County Aviation Department has available for lease a radio' transmission tower and 149 feet of temperature controlled space in Building 3050 in the 20th Street Terminal at the Miami International Airport. This radio tower and air—conditioned space used to store communications equipment is essential to provide communications support for the City of Miami Police and Fire Departments. This facility is ideally located particularly for emergency _. communications in the west end of the City. The cost to the City -of Miami for the use of this space during a term of one year is $1,55d.08. The Department of Building & Vehicle Maintenance instructed the Property &-Lease Management Division of the Finance Department to process a lease agreement with Dade County Aviation Department. The terms and conditions of this lease were negotiated by Building &' Vehicle Maintenance and further revised by Property ,ease Management. Competitive bidding requirements were not applicable due to the ,., uniqueness of the facility and the particular needs of the Building 4 Vehicle Maintenance Depart:aent, 4 CIO"w'". , y x 5 H(5horable and � ';lefiib"3t s of the 1�V omffi Vinci,t i r The roprty 9t Lease t�lana eIftent 'Ji Dijl0n of the finance be authorised to �epa tment t ecoc11rflends that the pit• u"e Dam `Manager County .Aviation bepart:nsrnt enter into a :ease agreemen� he radi;7 *.older with and equipment storage space at tree !"�ia[rli tea lease International Airpor�, ]wilding & Vehicle Maintenance concurs With this recommendation. ,n R t : 4 a F .. - - 4 07, i ire .g l! y ►\{J i LEASE ACpZCZ ENT BEV= DAM COUNTY, FLORIDA, AS LESMj AND RE CITY OF ITAMT Afi t ESM MIAMI 117TEPMATTON- AL A RPORT TnlB LA A�R:�.iiT, Made and eltered into as of the da;t of _ .. 1985 , bt. and bett4Lsen DAM COUNTY, a poli= cal subdyivI on of the State ofFlorida (Oot�nt3) and THE C1.TY 0 i1iAt.,t a i'tunicipal Corporation of the State of Florida (Lessee). i jV l N.9 1 Il FOR, and in consideration of the premises and of the mutual co+;enants and agreements herein contained, the parties hereto agree as ollows: ARTICLE 1 Term 1.01 The County hereby leases to the Lessee for a term of year to year, commencing on the lst day of April, 1985, not to extend beyond the 31st day of March, 1990, cancellable by either :. party without cause upon ninety (90) days written notice, the premises described in Article 2 hereof, located in the 20th Street Terminal Area of Miami International Airport, for the purposes set forth in Article 3 hereof. is .. ARTICLE 2' 3' Premises 2.01 The premises leased herein are located in the 20th .r ` Street Terminal area of Miami International Airport, described as follows and as shown on Exhibit A dated March 11, 1985 attached hereto and made a part hereof, 149 square feet of air conditioned { operational space in Room 108 11D P41 t." Buildins 30500 to 4 44! 4 '5 * alga i ed 9tddl radio tower, south of pi3idtlg w on�6 safe feet of land. ARTICLE t:3seof pretn_ ises 3.01 The Lessee shall use the pret;lises leased herein for the following purposes only: to praV,de co itin%cat ons support to the it y� of i 2.ami: Rolice and Fire Departt,ents ► , L fibs County hereby reserves the right to install it9 6%-M cotrtriunica ions antennas, components and equipment on the radio tower, and will be responsible for maintenance and removal . 'hereof, ARTICLE 4 Rentals 4.01 As monthly rental for the premises described in tit cle 2 hereof, Lessee shall pay the County commencing on April 1, 1985, the sum of ONE HUNDRED AND 7 ENTY NINE DOLLARS AND EIGHTY FOUR ($129.84), U. S. currency, on the first day 'of each month in ., advance and without billing at the office of the Department set forth herein. The said rental is computed as follows: ANNUAL era'. Building 3050 - 149 s uare qq feet of airconditioned operational space @ $7.50 per S 10117.50 $ 93,13 square foot per year: w, a,t Land - 1049 square feet $0.42 per square foot 440.58 36.71 per year: Total: S 1,558.0$ S 129.$4 °4 4.02 The rental rates stated in paragraph 4.01 above are subject to review and adjustment as of March 1, 1986, and annually x thereafter, for so long as this Lease Agreement remains in effect, f r F When such rental rate adjustments are approved by the Board of County Co=isoioners, and now or revised rental rates applicable s+ in hale in part to the premises leased herein are established t _ i d i radi6 t6var, s6uth 6f Rti lding HP I 6fi §06 gquare feet ARTICLE S Use �f retees 3,01 The lessee shall: use the pretises leased herein for the following purposes ctly: to provide do unieat�ans supper to the Cit,� o M" police and `ire Departttents s 30 The County her2bt reserves the right to install its orn couniCatio�s at tennaS, coMponente and equipment oftthe radio intenance and removal . nor ma3. tOWer, and will be responsible thereof, Rentals 4.01 As monthly rental for the premises described in tirticle ? hereof, Lessee shall pay the County commencing on April 1, 1985, the sumof ONE HUNDRED AND T"vENTY NINE DOLLARS AND EIGHTY FOUR (t129.84) , L'. S. currency, on the first day of each month in advance and without billing at the office of the Department set forth herein. The said rental is computed as follows: ANNUAL MONTHLY Building 3050 - 149`sqquare feet of airconditioned operational space @ $7.50 per square foot peryear; S 1,117.50 $ 93.13 #.,. Land .. 1049 square feet @ $042 per square foot 440.583. 6.71 per year: i Total; $ 1,55$.08 $ 129.84 4.02 The rental rates stated in Paragraph 4.01 above are subject to review and adjustment as of March 1,98 and annually thereafter, for so long as this Lease Agreement remains in effect. t en such rental rate adjustments are approved by the Board of County o=iseloners, and new or revised rental rates appliea'ble in whole or in part to the preMisee 1e9ae4 herein are established a by the said Boatd, this tease Agreetttent shall be eohsidered and deemed to have been atto-ndod to incorporate the said dates into this Lease Agreement, effective retroactively to March I of any ,year for t hich new or revised rental rates have been established as provided for herein 4,03 In the extent that Lessee reiiains in possession of the pronises leased herein beyond the e:tpi�'at o�i or tertiitiat on of this Lease Agreement as a tenant at Will or as a tenant at suffer - ante, tossee shall be bound by all of the ts and conditions of this tease Agree;�eilt to the sate extent as if this Agreement were in full fo<ee and e-feet during the time beyond the expiration date of this tease Agreement, except that during such possession �- as a tenant at will or a tenant at sufferance, Lessee shall be liable for double rental as provided for by section 63.06 of the Florida Statutes, such rental to be based upon the new or revised rental rates established by the Board of County Commissioners as applicable in whole or in part to the premises leased herein, and v: as provided for in Paragraph 4.02 above, 4.04 The 'Lessee shall pay all rentals, fees and charges t.. required by this Lease Agreement to the following: Dade County Aviation Department Accounting Division P. 0. Box 592616 Miami, Florida 33159 4.05 In the event Lessee fails to pay the rentals, fees or charges as required to be paid under the provisions of this Lease Agreement within thirty (30) days after same shall become due, interest at the rates established from time to time by the Board of County Commissioners of Dade County, Florida (currently set at one and one half percent UkZ) per month) shall accrue against the delinquent payment(s) from date due until the same are paid. Implementation of this provision shall not preclude the County from terminating this Lease Agreement for default in the payment �w of rentals, fees and charges or from enforcing any other provi- siona contained herein. ARTtCU 5 ;tifttetiaice Ait eaiX b Lessee 5101 The Lessee shall, at ita sole cost and expense, keep the premises clean at all tifes. Lessee shall keep and maintain the premises and all itiprovem6tits, Additions er a1tei'at1'6tA thera'to installed by Lessee i pon the prep ses 3.i5 food condition which shall at all tries be based on a standard of care reflecting prudent pro3erty `tanagetietit, reasonable wear and tear excepted. e f ,0? The Lessee shall repair all damage to the premises and a he i-prove .ents thereon caused by the Lessee, its ent ployees, agents, independent contractors, patrons, servants or inv%Lees. .r 5►03 The Lessee shall, at its sole cost and expense Promptly remove from the premises all trash and refuse of any nature whatsoever which might accumulate and arise from the use of the r premises. Such trash and refuse shall be stored temporarily in closed containers approved by the Department. 5.04 The Lessee covenants in connection with any maintenance or repair work or the erection or construction of ;any authorized modifications or additions to the leased premises, to observe and comply with all present and future laws, ordinances, rules, regulations and requirements of the United States of America, The State of Florida and Dade County.' 5.05 No excavation of any of the land shall be made; no soil or earth shall be removed from the premises, and no well of any nature shall be dug, constructed or drilled on the premises. 5.06 The Lessee shall maintain and repair the radio tower and storage area within the building, shall make all repairs as required in and about the leased premises, including personnel .s, n doors. pavement, windows, fixtures, appurtenances, replacement of light bulbs, tubes and ballasts4 and the replacement of all broken glass, which repairs shall be in quality and class equal to or better then the oriSin4l work to preserve the some in good order and conditions repair at or before the and of the tOrM all injury r- *kzUk.i J done by the installati6ft of tet�aval of �u�nitu�� and �ersonaI pr6pett'y sc as to restore the leased p enises acid the buil dingy thereon to its original state, and at the end oL the tee, quit and tutrender the leased premises in the safe good order and condition as 24.t was at the beg -inning of the tern, reasonable wear 3 sy and teal excepted. 5.07 The Lessee covenants that it shall not install, attach, suspend or it any manner t?odify the rooms of $ui.ldingSb . its _ meubers or structures, nor shall it pernit any person to 'walk on the of or is tet hers without the prior written, consetttt of the — Department, Ln the event Lessee violates this covenant, the duty of the County to maintain, repair or replace the roof shall be null and void, and any expense for maintenance, repair or replace- ment shall be the sole and exclusive obligation of the Lessee. 5.08 upon failtt e of the Lessee to maintain, clean and repair the premises as provided in this Article, the County may after fifteen (15) days written notice enter upon the -leased premises and perform all work which may be necessary in and about the leased premises and add the amount of the cost of such work plus twenty-five percent (25%) for administration, to the rent due hereunder on the first day of the month following the date of such work and such costs plus the administration cost, shall be and }' constitute `a°part of the rent, together with the rent provided for herein. If the County elects to perform repairs or cleanup after ' notice pursuant to this paragraph, the Countg's representative shall so notify the Lessee in writing. Subsequent to receipt of the Lessor's Letter of intent to perform repairs or cleanup, Lessee shall not undertake performance of such repairs or cleanup without written authorization from the Lessor, 5,09 The Lessee shall cause grassed areas and shrubbery to be mowed and trimmed regularly so as to maintain the premises in a neat, orderly and attractive condition, any lard areas not grassed or paved shall be stabilized by the Lessee and the leased promises shall be so utilized that use of the same will not cause 5 r �f s dust, debris of w§te tti be bldw?i ebdtit or raised so as to be a itigesfed by sii t`azt or otherwise interfero with or disturb, the :ise or #tjdymdnt of others dt their premisas, ARTtCt t 6 1�aintenance b+� Ceunt� 6,01 The County shall operate and maintain all toriponents of E the exa.Sting vaster, sanitary sewerage and stortt dater drainage facilities that lie outside the boundaries of the presses, 6,00-1 The County shall maintain the roof and exterior walls of the hul:lding, The County shall not mai;itain any. doors or windows, 6.03 The County shall not maintain the radio tower or: any component thereof except as provided for in Article 3,02, ARTICLE Utilities i.01 The Lessee shah pay for all utilities used by it, The County shall have no obligation to provide utilities to the premises in addition to those existing at the time of the execu- tion of this Lease Agreement. ARTICLE 8 Laws, Regulations and Permits 8.01 The Lessee shall comply with the ordinances of the County pertaining to the Rules and Regulations of the Department, Chapter 25, Code of Metropolitan Dade County, Florida, adopted by Ordinance No. 75-113, Operational Directives issued thereunder, and all additional laws, ordinances, regulations and rules of the Federal, State and County Governments, which may be applicable to its operation under this Lease Agreement, 8,02 The Lessee shall obtain and maintain current all permits and licenses as required for its operation under this Agreement, Lessee shall pay all taxes and other coats lawfully . assessed against its leasehold interests in the leased premises, - r� its improvements and its operations under this Lease Agreement, R'.. { ARTMIWE 9 Al etatiot 1'r uses a t re tiort of i hs m. �1 The Lessee shall not alter the premises in any manner whatsoever without prior wrktten approval of the Nparttt+ent. a 9.02 The Lessee shall not erect, ma:ntain or display any identifying signs or any advertising Matter without prior written approval off' the nepartmeht AIMCLE l6 n14pj�ct on - The County s employees and representatives shall have the right of access to the leased premises for the purposes of inspection for compliance with the provisions of this Lease Agr eemet t . ARTICLE 11 Assignment and Subletting 11.01 The Lessee shall not assign, transfer, pledge or other- wise encumber this Lease Agreement. 11.02 The Lessee shall not sublet any portion of the leased r premises. 11.03 The Lessee shall not permit the installation of any other communications antennas, components or equipment of third persons on the radio tower, other than Dade County. k, ARTICLE_12 Indemnification 'and -Hold Harmless 12.01 The Lessee shall defend, indemnify and save the County harmless from any and all claims, liability, losses and causes of t action which may arise out of this Deese Agreement, or the opera- tion of the business of Lessee under this Lease Agreement, unless such claim, liability, loss or cause of action is occasioned by the sole negligence of the County. The Lessee shad pay all a Y .• claims and losses of any nature whatsoever in connection therewith L: y and shall, -defend all suits in the name of the County when i x '.'i ARIA. ins 90�s Ii4 p^N applicable, itieludiflp appellate ptooeedings, aid snail PAY 11 de§ts o judgf,ents and attorney fees which may issue thereon, ARTICLE 13 'Use of publ U Faailitia 0 The County grants the Lessee to the extent nedessary to carr� out the *rghts granted the Lessee hereunder the privilege to use itorie±'olusively and in common with all others desiring to use the Airport, reads of egress and ingress to the leased premixes, ART`t= 1 Defaults by Lessee ►= 14,01 Failure of the Lessee to promptly make all payments of rentals, fees and charges required to be paid herein shall consti- tute a default, and the County may at its option Perminate this Lease Agreement after five (5) days notice in writing to Lessee unless the default be Cured within the notice period. 14.02 railure of the Lessee to comply with any other cotenants = of this Lease Agreement shall constitute a default, and the County may at its option terminate this Lease Agreement after fifteen (15) days notice in writing to Lessee unless the default be cured ,> within the notice period. 14.03 The happening of any of the following events shall cause this Lease Agreement to be automatically terminated: (a) Abandonment by Lessee of the leased premises for any period of time exceeding fifteen (15) consecutive calendar' days. a. (b) Discontinuance of the use of the premises for which the same are leased herein for an Y period of time exceeding fifteen (15) consecutive calendar days. ,. 14.04 If the Agreement is terminated for any reason, liability of Lessee to County for damages small survive such termination, and the rishts and obligations of the parties shall be as follows: , a) Lessee shall vacate the property ivmediately, re o►s any property of Lessee including any personalty which 9 'R = P Lessee it required to rettove at the end 64 the ter`►, perfarm arty cx'ean up, ateistofs,`epa`s ialteilance ore work required t6 leave the property in the e6mditidn required at the wnd of the term, and deliver all keys to the bepartmentil (b) tessee shall cause the radio to es tc be refit vet from the leased pretises and fr6m the Airport at its sale e6St o expense and risk. APMCLE 1 Nondiscrt�inat ion 15.01 Lessee shall not diseriminate against any employee or applicatit for employment to be employed in the performianoe of the contract with respect to hire, tenure, terms, conditions, or privileges of employment, or any mattes directly or indirectly related to employment because of age, sex or physical handicaps (except where based on a bona fide occupational qualification), or because o: race, color, religion, nat'i o: gin or ancestry. 15,02 Lessee, for itself, its personal representatives, successors in interest, and assigns, as a part of the considera- tion hereof, does hereby covenant and agree as a'covenant running k with the land that (1) no g , person on the rounds. of ' race, color, sex or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimina- tion in the use of said facilities, (2) that in the construction of any improvements on, over, or under such land and the furnish- ings of services thereon, no person on the grounds of race, color, p` "participation sex or national origin shall be excluded from in, denied the benefits of, or otherwise be subjected to discrimina- tion, (5) that the Lessee sham use the premises in compliance with all other requirements imposed by or pursuant to Title 490 ' Code of Federal Regulations, Department of 'Transportation, Subti- tle A, Office of the Secretary, fart 21, Nondiscrimination in so. Federally -assisted programs of. the Department of Transportation -Effectuation of Title yl of the Civil Rights Act of 1964 and as said Regulations may be amended, Mf 1510� That in thd event Of b-rd&dh of atlY of the above t6ndi1gdr1'fiitiatidn covenantal thd County shall have the right to terminate the Lea§d Agreement and to re-enter and. r6pi5a§amt acid loatoh6ld and the facilities thereon, and hold the aamd as 211 §aid teago--Agreement had never been made or it§ued, This provilgion shall not be effective until the procedures of Title 49, Code, of Pdde Al R(Igulatfons, Part 11 Are followed and tompl6t-dd, 15.04 The T.etgee acktiotoltdget that the provisiona of 49 CFA Part 23, Minority Business Enterprises OMBE), and 14 M, Par- 152, A-L'A-' 1'=at-AA-e Action Employn. ett Programs, are applicable to the activities of the Lessee under the terms of this '"ease Agreement, unless exempted by said regulations, and hereby agrees to comply Stith all requirements of the Department, the Federal Aviation Administration and the U. S. Department of Transportation. 15.05 '11'hesa requirements rmay include, but not be li-n3ited to, the compliance with 'MBE and,/or Employment Affirmative Action participation goals, the keeping of certain records of good faith compliance efforts, including, if directed by the Department, submission of reports, the contracting of specified percentages of goods and services contracts to Minority Business Enterprises. Failure to comply with these requirements shall be grounds for default and cancellation of this Lease Agreement. Any cancella- tions pursuant to this section shall not be effective until the - procedures specified in said Federal regulations or established by the County are completed. ARTICLE 16 Special Provisions 16.02 Security (a) The Lessee acknowledges and accepts full responsi- bility for the security and protection of all inventory, equipment and facilities within its leased areas and for prevention of unauthorized access to its leased promises and facilities, (b) The td6gdt fully Utddr9tatda and a&n6Wlddgd§ that Any security measures d6etted nddettarY by Lessee 0.0t pr6tdttion of the ldatdd Ptdfflige§ Ahall be the sold t6§W§ibility of the Loma and shall involve no d69t to the County, guch security Rjeasurda shah damply with applitabld Florida Statutes and Dade Courity. Orditandoa. W The tetgeo thall comply with all existing and 'Ututt Federal Aviation Administration and I)epartn,,ent rules and regulations, pertaift-Ing to security acid safety of the leased prer,,,isLig. includitig ingregs a-md egrea8 thereto, ARTILCtE 17 R.0-servations and Restrictions 17.01 There is hereby reserved to the County, its successors and assigns, for the use and benefit of the County and the public, I a right of flight for the passage A. aircraft 1 L 6 ge of aircraft in the air space above the surface of the premises herein leased, toget1ter vith the right to cause in said air space such noise as may be inherent in the operation of aircraft, now known or hereafter used for naviga- tion of or flight in the air, using said air space or landing at, taking o,,62f from or operating on Miami International Airport. 17.02 Lessee expressly agrees for itself, its successors and assigns, to restrict the height of structures, objects of natural growth and other obstructions on the leased premises to such a height so as to comply with Federal Aviation Regulations, Part 77 and with Airport Zoning Ordinance 78-78, whichever is more restrictive. 17.03 The Lessee further expressly agrees to prevent any use of the leased premises which would interfere with or adversely affect the operation or maintenance of Miami International Airport or otherwise constitute an airport hazard, ART I CU 1 A 11otices 18,01 All notiCes required ar permitted to be given utt er the tei'�tfi at,d proV3slofils of this tease Agreement by e1:ther party to the other shall be in writitg and shall be given by rtgistered or certified flail, return receipt requested, to the parties at fo l lctas A8 to the County or Aviation Departrient Directors Dade County Aviation Department Post Office Box 5921075 A]MF F1, 33159 As to the Lessee: City of Miami a property & lease Management 65 Southwest lat Street Miami, Florida 33130 or to such other address as may hereafter be provided by the parties in Writing. ;Iotices shall be dent received on the delirery date indicated by the U. S, postal Service on the return receipt. ARTICLE 19 Personal Property 19.01 Any personal property of Lessee or of others placed in the leased premises shall be at the sole risk of the Lessee or the owners thereof, and County shall not be liable for any loss or damage thereto, irrespective-of'the cause of such loss or damage. y; ARTICLE 20 Invalidity of Clauses 20.01 The invalidity of any portion, article, paragraph provision or clause of this Lease Agreement shall have no effect upon the validity of any ether part or portion thereof. r 1 ARTICLE 21 Ve__.nuer.ts .`rda 21.61 The v6nud for any action ariaing from this Lease Agree, ment shall be Dade County, 716rida, and the laws of the State df Florida shall apply, AF„ I CLE 8U*-r6-nd4r of Lrefit ses �2,01 The Lessee shall surrender up and deliver the leased prern,ises to the County upon termination of this Leese Agreement, AI) Provided the Lessee is not in default in the payment of rentals fees and charges required herein, the Lessee, within fifteen (15) calendar days following the termination of this Lease Agreement, shall remove all of its personal property forthwith. Any personal property of Lessee not removed in accordance with this Article ma -z be re -moved by the Departtient for storage at the cost of Lessee. Failure on the part of Lessee to reclaim its personal property within (30) days from the date of termination shall constitute a gratuitous transfer of title thereof to the County for whatever disposition is deemed to be in the best interests of the County. ARTICLE 23 1 Notice of Commencement of Civil Actions 23.01 In the event that the County or the Lessee commence a civil action in the State or Federal Courts, where such action is based, in whole or in part on an alleged breach of this Lease Agreement', the County and the Lessee agree to waive the procedure for initial service of process mandated by Chapters 48 and 839 Florida Statutes, Rule 1,070, Florida Rules of Civil procedures and Rule 4(c), Federal Rules of Civil. Procedure. In such event the County and the Lessee agree to submit themselves to the jurisdiction of the court in which the action has been filed when initial service has been made by Certified mail, Return Receipt 13 Aoquested, in the event that the County and)6r the teasee rai§a an objectid'h to gervi e of itiitiat leadit� s at � � provided fay °s heroift, and the trial dourt ovarrules st oh objection, the 6b'edt- in Party y shall pay li4u�daead datiag0-9 feed) in the Amount of 1110 HUMD = FIFTY DOLLARS (8250, 06) to plaintiff in suoh s action, prior to answering the do,nplaint. ARTICLE A 4,01 Notwithstanding any of the foregoing terms, provisions M 3 and donditIons of this Lease Agreement, it is understood and ri agreed by both parties hereto that the provisions of the Trust Agreement dated as of the 1st day of October, 1954, as amended by r supplemental agreements, from time to time, by and between the County and the Chase tanhattan Bank (now the Chase Manhattan Bank, National Association) as Trustee and the First National Bank of Miami (now Southeast Bank, National .association), as Co -Trustee, which -Trust Agreement, as amended, is incorporated herein by - reference thereto, shall prevail and govern in the event of any inconsistency with or ambiguity relating to rents, fees or charges or to their codifications or adjustment. ARTICLE 25 Rights Reserved to the County 25,01 Rights not specifically granted the Lessee by this Lease Agreement are reserved to the County. s v } � 14