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HomeMy WebLinkAboutR-83-0487J-83-341 11 RESOLUTION N0. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT, IN SUBSTANTIALLY THE FORM ATTACHED HERETO, WITH THE DEPARTMENT OF OFF-STREET PARKING FOR THE LEASE OF CERTAIN SPACE ON THE FIFTH FLOOR OF THE OLYMPIA BUILDING, 174 EAST FLAGLER STREET, FOR THE USE OF THE DEPARTMENT OF INTERNAL AUDIT, WITH FUNDS THEREFOR ALLOCATED FROM BUDGETED FUNDS OF THE DEPARTMENT OF INTERNAL AUDIT. BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The City Manager is hereby authorized to execute a Lease Agreement, in substantially the form attached hereto, with the Department of Off -Street Parking for lease of certain space on the fifth floor of the Olympia Building, 174 East Flagler Street, for use of the Department of Internal Audit with funds therefor hereby allocated from budgeted funds of the Department of Internal Audit. PASSED AND ADOPTED this 9th day of June , 1983. M A Y O R ATTEST: RALPH G. ONGIE CITY CLERK PREPARED AND APPROVED BY: Z'A�� - C_ ROBERT F. CLARK DEPUTY CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: E A C A— E- ROSA TY ATTORNEY CITY COMMISSION MEETING OF LSOLUTiJ U N 9 1983 u,. -�o. W:. REMARKS. 6 4 1 Howard Gary DATE: March 7. 1983 City Manager City of Miami SUBJECT: Olympia Building Leases FROM: Roger M. Carr t Director + `Sti4et' p�gDepartment of There are currently three leases in the Olympia Building which should be submitted to the City Commission. The first lease is for 7,935 square feet rented by the Office of Management and Budget. The second lease is for 600 square feet occupied by the Office of Public Information. These leases were due for renewal February 18, 1983. The third lease is for 247 square feet for the Office of Internal Audit to expand their office slightly. The rental rate for the Office of Management and Budget and the Office of Public Information will be $10.85 per square foot. The rate for the Office of Internal Audit will be the same plus $19.50 per square foot to amortize over a three year period $14,448.55 invested by the Department for renovations requested by Sujan Chhabra. Please forward the leases to the City Commission for review in their March 24, 1983 meeting. Att . cc: Manny Alvarez c: n = C= Z. J. �1 W n �•� V i O � T c.n n CA m 83-48 0 i TO: Beatrice Bru DATE: April 8, 1983 Assistant City Attorney SUBJECT: Lease Agreements for the Olympia Building FROM: Roger M. C 1 ' n Director Departme off QPf--�tr . Pursuant to our conversation, please find enclosed three amended leases for the Olympia Building which were originally submitted to the City on March 7, 1983. Please forward the leases to the City Manager's office for scheduling on the City Commission Agenda of April 28, 1983. It is most important that the leases be approved as soon as possible as the incremental rental revenue is needed to meet cash flow requirements. Thank you for your prompt handling of this matter. Enc. 83-487- ! r. CITY OF MIAMI. FLORICA CITY 111,1n: c.Cn,S 0lrC�LffCR-OFFICfi MEMORANDUM 11.. 7., I ;'12:04 _ Jose Garcia -Pedrosa DATE March 24, 1983 rtLE City Attorney Foo-A Carlos E. Garcia Director of Finance 5,,3:E_- Off Street Parking Lease Agreements - REFERENCES. (Our Legal 83-001) ENCLCSu4Es The Property Management Section of the Finance Department has no objections regarding these leases. Please note, however, that the leases with Management & Budget and Public Information should reflect the deleted paragraphs, and the two addenda as contained in the Lease Agreement witfi'-Trit2rnal Audit. Also, note that the Lessees agree to pay all increasef for electri- city and/or water charges that exceed 5% from the date of commence- ment of the leases. Please have your staff review these leases prior to submission to the City Manager for his approval. CEG:hg Enclosures I 83�-481 .0 0 OLYMPIA BUILDING LEASE 174 East Flagler St. Miami. Florida 1 his Agrtrwitt, entered info the. do% elf Ma rch betwern TIIE UEPAHTNIENT OF OFF•STHEET PAHKI\G, hereinahrr called LANDLORD, and CITY OF MIAMI (OFFICE OF INTERNAL AUDIT) hrrrinsfirr called TENANT. IS TO WITNESS: That Landlord deer% thi. day Ies.e unto Tenant: Suite #502-503 Located within the premises of the Olympia Building *Amount is calculated as follows: Base rent at $10.85 per square foot = $223.33 per month Improvements valued at $14,448.55 = 401.34 per month Amortized over 26 month period S624.67 per month Total To have and to hold said premises for the term of 3 years beginning December 1. 19 82 and ending November 30, 19 85 for the total rented floor area of 247 square feet, at the agreed monthly price of S ix Hundred Twenty _Four and 67/100 IS 624.67 ) Deellar. Twenty Two Inousana tour munffrecT per square foot, for a total rental of E l q ty F i gh t Dip l l a CS P_ 4n,41 nn (S22,488.40 ) Dollars, payable in equal monthly installments, to be paid on or before the I St day of each month, all payment, to be made to, and at the office of. the Department of Off-street Parking. 190 N.E. 3rd Street. Miami. Florida 33132. IT IS FURTHER AGREED A;\D COVENANTED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS: iECURITY 1. Tenant, concurrently with the execution of this lease, has deposited with Landlord the %um of S —0 the receipt of which is hereby acknowledged by Landlord, which sum is an amount equi%&lent to one month's rent to be retained by Landlord as Security, in addition to the first month's rent plus the last month's rent. as herein agreed to be paid by Tenant and for the faithful performance by Tenant of the terms and covenants of this lease. It is agreed that Landlord, at Landlord's option. may at -any time apply said Security or any pan thereof for the payment of the repairs and/or restoration of damaged rented area which was caused by Tenant, and towards the performance of each and every of Tenant's covenants under this lease, but such covenants and Tenant's liability under this lease shall thereby be discharged only pro tanto: that Tenant shall remain liable for any amounts that such sum shall be insufficient to pay: that Landlord may exhaust any or all rights and remedies against Tenant before resorting to said sum. but nothing herein contained shall require or be deemed to require Landlord so to do; that. in the event thin Security shall not be utilized for any such purposes. then such Security shall be returned by Landlord to Tenant within thirty days next after the expiration of the term of this lease. Landlord shall not be required to pay Tenant any interest on said %ecurity deposit. USE 2. The Tenant will use and occupy the premises for Depa rtmentoff i ees for City of Miami Department of Internal Audit and for no other use or purpose. 45SIGNNIENT 3. Without the written consent of Landlord first obtained in each case. Tenant shall not assign, transfer, mortgage. pledge. or otherwise encumber or dispose of this lease or the term hereof, or underlet the demised premises or any part thereof or permit the premises to be occupied by other persons. If this lease be assigned, or if the demised premises or any part thereof be underlet or oc• cupied by anybody other than the Tenant, the Landlord may, after default by the Tenant, collret rent from the a.%igner, under. tenant. or occupant and apply the net amount collected to the rent herein reserved, but no such collection shall be deemed a waiver of this covenant. or the acceptance of the assignee. undertenant, or occupant as Tenant or a release of the Tenant from the further observance and performance by the Tenant of the covenants herein contained. SERVICE 4. The Landlord will furnish services as follows: Air Cond i t i on i nge 1 - _ r i _ i ty , An n i to r i a l Services Such sere ice shall be given as long as the Tenant is not in default under any of the rotenants of th6 lease, subject to .trite%. accidents, hreakdowns, calastrophes, national or local emergencies, acts of God. and conditions and causrs bryund the euntrul of the Landlord, and upon such happening, no claim for damages or abatement of rent fur failure to furnish any such .cr%ices shall br made by the Tenant or allowed by the Landlord. EXAMINATION OF S. Tenant having examined the premises is familiar with the condition thereof and relying solely on such examination will PREMISES take them in their present condition, unle%a otherwise esprewly agreed upon in writing. REPAIRS XXX�K?f�XKJl>G2cxXif.XKi4�wttiWf lyt,�cdcft4,��CIiJt,,xiq>I,t4){,ItitX}t,c,K�)p1Gtt]tpkkttKat�ca{,ir<x,1ttC�IK,X14�tH>p�C�r,Kxvcx,ttX X?iKiFIiAWC�S.%XXX.)KIS7ilrti6?SXKJ(KYJiWtpQX�(X>f3fsY.�lKYifdG�isY.KDrt[sY J4lCtli�Wtl4ld Tenant will at the termination of thi.lra%c by lap.e of time or otherwise. return aid prrmi.es to Landlord in as good condition as when recritrd, loss by fire ur windstorm and ordinary wear excepted. DELAY OF 6A. If the Landlord is unable to give possession of the demised premises on the date of the commencement of the sfurraid POSSESSION term by reason of the holding otter of sny prior tenant or tenants or for any other reason. an abatement or diminution of the- rent to be paid hereunder shall be alluwrd Tenant under such circumstances, but nothing herein shall operate to extend thr term of the (ease brtond the agrrrd expiration date: and said abatement in rent ,hall be the full extent of Landlord's liability to Trnant f4,r any Iuss or damage to Tenant tin account of said delay in obtaining possession of the premi%es. If Landlord i. uuable to give po.4—ieen of the drmised prrmisrs to Tenant within ninety days next after the commencement of the trrm of this (rase, then Tenant .hall have the right to cancel this (rase upon written notice thereof dchilered to landlord within ten days after the Ispw of said mnrty day prriud. and. upon such cancrllation. Landlord and Tenant shall each be rrles%rd and dis3•hargrd (turn all liability on this lrasr. 41TE04TIONS 7. Tenant will make noel lerationol. addition. or improtrments in or to thr premise+ aithuut the wriuca cun.ent of landlord. and all addition, fixtures, or improvements, except unit, office Turniturr and f►►turrs which shall br rradily rrmo%ablr w ithuut in. jury to the premise►. shall br and remain a part of thr premi%rs at the expiration of this (case. 10-1 --4 8 83ge a • !1 \Itt.h h1'H !I. 1! i. und#-r•tmid . t atrred ut•on hrtw.•rn the yarttre hrrNo That ana a rarer-. a¢ane•t To rent ha I.aodlord L.r .era nee-. or (or - �h H\ It ( work d..nr• --or thr pr•ntt.r• ba orlrr of Trnstit. or othrrw tr accrutnt under the. 1#-r....0trll Ito- ron.rderr•d re rent the. and .hall I . included in on% tern fur rrnt. 4 In Ilet• rant that prrtnt.r..hall be- d..art%rd ter .o damrted or injured b% fire ter other i a.iiall%. durme thr life of thi. a:rrr. nirnt. whrrt•bv the• .amr -hall be- rendered untt•reantable. then Landlord .hall hate- thr right its rrndt•r .tit It Itremt-e. tenantable b% repair• %alien ninrtt do%- thrrrfrom. If •aid premne. are nut rendered irnantablr within .aid tint#- it -hall I- opto•na) will* either parse hrrt•ttt lit rant -el the. Ira%e, and in the sent of .uch cancrllatton the- rent -hall be- paid onl% to Ilte date of .uelt fire ter tv•ual• la. The eanrellauon hrrt•in menuonrd .hall he- r%idenerd in writint. Donne an% time that Ili#- Pr nti.e• err uneenantabte due to t ateee..r•i forth in thi. paragraph• thr rent ter a lu.t and fair proporimn ther•rtf •hall bt• omitt#-d. esessw I.%TI()*%) 011 111. Tenant -hall prooptl% evcute and ronipla with all ciatuo•., orlinanert, rule.- urdrr.. reeulatitm. and rerloirt•ntrnt. of the- 1 Nil Hit\LE Federal. stair, Counts and (.it% (;oaernnit•nt. and of ana and all sheer Ui•partmrnt. and Burrru., applit able- Ito -aid prentter•. for the currrrlenn, pr•aentmn, and abatement of nut.anr•e. or other erie%anrrc. in, upon, or runnrcted with .aid prrnn•e., darn,; .aid it-rm. and -hall al.ri pnreopt1% rompl% with and earcute all real#-., order. and r•tulatiomof lit,- Snuthra•lern I'mlr•rwriter. 1•.oeia. fire.. Tenant'- %XirXiii tXi�iYii�ir�i%�XifrXi�XiriX SiitxX.ilixi�iiXK%i►�ii�x tion for the pre%ention of at own coca and caper•e. YxxKV�K�ctx'xK x+XtX xIX'x K XIxXdGX'XKr)d,K X K 6ttXtx•XIxiXD(K+x K XK XXt)Ei4K K9(XwXJ6Kxxx•x�>Fx Xxtx,wxtxaxxD(J(J(XJ(JiJGXx. WN-11\) \1ENT I I. Tenant agrrt.: That Tenant will promptly pay -aid rent at lite• amr, above .tatrd, that. if am part of the rem or otilitio_ charge. -hall remain due and unpaid for Fern days neat after the •amr -hall he•t•nme due and payabb•. Landlord -hall ha%r the op. Lion of dt•rlarine lite• balancr rif the entirr rent for the rntire rental term ref the. (ra•t• Ito be immediately dur and pavaldc. and Landlord may thrn proceed In rollrt•t all of the unpaid rent called for by the. Ir•a.r by di.trt•ee or otht•rui•e. %B \ND(tN\IENT 12. If durine the term of thi, Ira.#- Tenant •hall abandon, aacate ear remo%e from thr premier. the major portion ttf the good-. ware•.• cyuipment ter furni.hing, u.oally krpt on .aid premise., or .hall rra.e• doing bu.inr.. in -.aid pr•mi.c., ear .hall .uffer the rent it) be in arr•ar.. Landlord area%, at it- option. cancel thi% lease, in the manner .fated in Paragraph 13 hereof, or Landlord ties% enter .aid prrntr.e, a. the agent of Tenant, by force or otherwise, without bring liable- in any way therefor. and re -let the premier- with or — without any furniture that may be therein, at the agent of Tenant, at •each price and upon .each Ierm% and for wch duration of time a. Landlord may determine, and receive the rent therefor, applyine the .ante to the pay mrnt of the rent due boo the.e prcerntt, and if the- full rental hrrrin prta ided shall not be realized ha Landlord n%er and abn%e the caprn.r< to Landlord ref eurh reletlinF. Te- nant .hall pay am deficiency. IS.\�KRI'I'i(:1 XXAXUXXX- 1yjX.KxxxXuitiXX?iifriiifiidXrifiiieYtMAX XX'xaM"KuXxagums%ixa AXXl xxXXXXAWXX&X.XVUXiifrXXXXiX — xrXaXpf,iulEX xxxtXJGXtYa4xJ4iEXxJ1i*(txxXex �iXJfXJf{tr%X.)4XrXsXX Y 34JGJirxxY,X.�4X,X?G�(XtxXJ(X �`rX•XdG XJ�>4 xKXr�(XXXrKX•XtY.XIXXXX XrX XX,X-XX-cAX-X X-X9rxrxxXXKI X%IXK'X'XXX44klh'X*XtXixKlXO(04)4xexauxXXrXXaclx)axxaaxXXAXIXWAxtxxxxtxXYiKXty4XX'Xt*Xac X,XttAX9tXixXVX'"%XXX.%.X0(KxiKD6xXXdCYvXXKJ(IXtxilSJEJ K"KXXxK,)UK"XLXXMXXiXAXXXNX-KV XXXiY1XpLWXK.YaXr"X X*XrX40X!Xrx+XX"KK-X,XDCX-iCAXX,XrXUX--f►XXtX)OKXix,XJ4XiXKxtxXXrK{4XX,XXKJLXXX�(XXrI(XXa%KXx,XtxtXtxX.x�XKKXXXXX O( )QK �x�KJ(J(rX�xK K•XJtX04X,xx}SJ(i'ExrXPrXd(i! XK�(a4Xi JGX iiJ4xKX x�iYrK�h(�vYrxtYeiGXOGi6XXiXtYa�(tX,YrXX�XiXJ(:Y.XXXti.YrXKd(X�(XiXr�tX kxAv,-%4(kkftXTAVXWXXK'XVX,XIX?gXIx9(X'Xx'XIXX9(NeA)OX'rxx+XrkhfiX"X•X4XIXX t*)OXwxK-KJ(xd(+xKK-X,X'bXxK)OKXK•XJ(-xkx X�4XIXt►�fi+CXJ6KtX(i6XXIX+yOXiXaGXJ(xrYtfl(J4itfXOW(Xtit+X�(d(fXJEX(XJ6x04Xd(KJtxXJFXxI�(xdH(xYrxKXKxJGXJ(l4KYtKJCX,XX,X�f xJ�XXrK.xiXJC•X p+j('x114w36Xi►YxJ(+XtX�K'xx•wXJ�'il(wxxa(istJ(Y�xd(�rx�CRd(JfixlxD(JE�GXx.i�XribxXaGii�iK�(�0xx0�Li(J(txx�(eiiXJ4a4Xii�FXrYrK•xx�6x�(iX•xXXXvG 1��ex�Cx��xlxtxNx�c;�xlkxxX�x� xxx�ft'xxhc�r� kix�'x�xhax si �a+�a>t>�c� K x+�r�ctxaa'x xr>�x'xa(4frt�c x>fx�crxa(•Xxtx•xax~?axaac�c x�c•x xx,x xaxc�(xac�(tXJSXK�KiJ(i(JfrXrXXJ(sXx,Xr� ��JSXJEJ4�eK�6it�KYri�(rXJLXxxX�XX�f.JiJGX�XrxJ(J4,XX•x�eXJf.Xi4XeXXr}�4XiXJGX.YrX 1�1�XXxX�4xX�tX,X %TT'ORNEl"S 14. If either party defaults in the performance of any of the covenants of this FEES lease and by reason thereof either party employs the services of an attorney to enforce performance of the covenants by either party to evict the Tenant, to collect moneys due by either party, or to perform any service based upon said default, then in any of said events either party does agree to pay a resonable xRA1d�R*, Wkl'Sol= attorney's fee a6d all expenses and costs incurred by either party pertaining thereto and in enforcement of any remedy available to either party. '16. No waiver of any condition or covenant of this lease either party shall be deemed to imply or constitute a further waiver either party of any other condition, WAI\•ER or covenant of this lease. The rights and remedies created by this lease are cumulative and the use of one remedy shall not be taken to exclude or waive the L right to the use of another. HIGHT OF 17. Landlord, or any of his agents, shall have the right to enter said premises during all reasonable hours to examine the sanie ENTRY or to male such repair. additions or alterations as may be deemed necessary for the safety, comfort. or preservation thereof, or of said building, or to exhibit said premises at any time within thirty days before the eapiratiun of this lease. Said right elf sentry .hall likewise exist for the purpose of removing placards, signs, fixtures, alterations, or additions which do not conform to thi% agree- ment. PERSONAL 18. All personal property placed or moved in the premises above described shall be at the rifk of Tenant or the owner thereof. PROPERTY and Landlord shall not be liable to Tenant for any damage to said personal property, or to Tenant, arising from the bur.tine or beak. ing of water pipes or from any act of negligence of any co -tenant or occupants of the building or of any other per -tin whttmenevrr. INDEMNIFY XX iXIiiXXiiiX�iiisiiiiXX�iirili�t it�:ill,��ii�ii F X xx XvYri1K(XX�{►�Xi LANDLORDgCeXrKllhix�dKKxai+X►14atiGi('XtXO(�GXC4Xd(IFxd6XJOXIx,i(i6Xxi4J(YgxXOWLk�( jCl(�4i:XXXXXKXvXXXXX.XXXILXiOXX>XXXXXeXX 9pxNlx�t*�c�c+XX'xxi(4rlxao-x�c x+�(�xauxxovwxa�'x'�a>�Ixa(�(twxo�xxxxxi�xX�X�cX,x�c KkacX �C�xacac,KXa�i�txx xxxx>�xxxxx h(+�Q9(r1tXK�(ex�PXtK+14X9(r1hx96•KX K04xiXX'X xdI�X�4'KJid(M►`�XJ(J(J4x�(xtYt►YexJfiX�(XJ4KIYrX►YtxiGJlJ(JQXX� �(XiE XXtXXr�(X XXiYtXtX X,X iiaLX i)tlXkKht XxXKrx9(lQ9(+i�kK�XO(eltitk0(r!�')Ql(J�K�UX6�r?�xrY►XixKX+XJ(J(>XXdEK,X,XJCx,X�OK�dbXXJ(JE►�CX•XXXiYtXtXXd(XXXJ(XXX►XXXXXJC '9(x!('Ji9CltDCxX'XX7CX''�kx'X Q'X719(9PXfxii�KXkK�Pk9(+XtX`XXhCN9t'X+XKK x�Q X•)E'XX XK4(9H(X�11FK�4�kt1�X'XXtKkEt16K+YrXIfJf KO(:)F►10xJfJ( See kOkxrk AIX fxift, xK KXK KKOWOOKxxx .addendum 2 XxVtX0%)tKIXKOOKAIAKwXXtirXW(JiJtxJ(i6i(dCNYrxJ(eYrxx)VKJF�tx;xX�XXr�(A4xY+�(xxxXJ(D(XJOXJ(XxJ(l�Xt4xXIXKXrXJGXXp�4,'x(fXS�c xKxxxacxtxxxxaxyxxzcxwzxcrxXxXXC�Xx,Xlxcxx�XiiXxSX`LX?c(XXXXt. tu•11TTU x1xMrXXJiXtiJ4Y,a(XxJ�Xti(�tXiXt�(Xii(eXIXJGX,Y►�OXfiii(rXi1(JC. MORTGAGE OR 20. Tenant's rights shall be subject to any bnnefide mortgage which now covers said premises and w hich may hereafter be plat- LEASE reel on said premises by Landlord, or undrrlying lease now or later coaering the entire property. `OTICES 21. Except for the monthly rental notices, all notices shall be certirird or registered mail or notices delivered in hand to the Landlord or Landlord's Agent and to the Tenant or Tenants Agent on the premises. If the premises are unuccupicd ear acceptance of .aid notice is refused by the Tenant or Tenant's Agent, said notice may be served on the Tenant by posting &me in a pro. minent place on the premises. This paragraph shall apply to notices provided fur in this lease by the laws of the State of Flurida. iIVLES AND 22. It i% mutuallyse agreed that all the Rules and Regulations printrd upon the back of this in.trumrnt .hall be and arr hereby IILGCLATIONS madr, a part of this leaand Tenant covenants es and agrethat he and his servants and agents will at all limes ub.er%e, perform and abide by said rules and regulations. HITTEN 23. This Irase contains the entire agreement brtwern the parties hrrrin and all previnus negotiations leading thereto. and it \GHEEMENT may be modified only by an agreement in w riling signed and sealed by Landlord and Tenant. No surrender of the demieed premises. or err the remainder of the term of this Irase, shall be %slid unless acceptrd by Landlurd in writing. TIME 21. It is understood and agreed between the parties hereto that time is the rssence of all of the terms and provisions of this lease. 813-487 -- r OLYMPIA BUILDING RULES & REGULATIONS I. The ssdrwel►, entrances passatev. courts. eletator., er.ubules. atsrratti corridor., or hall. ,hell not Ire ub•trucird or encumbered lit one Tenant ter used for one purpose other than merro and rereves to and from the- drmned prerno s. 2. No sesnmts ter other prolrrtions shall be attached to the ountde wall- of the building w lthout the pnnr written ctmvnt of the Landirerd. \u ruriaens, blind-. shode% or screens -hall Les attached to nr hunt in. ter used in ennnertnm with, ant wrndoet ter dour ter the drmevd prrmiv. . without the prior written consent of the Landlord. Such swnen". prigrcteons. curtain. blind-. had—. screens, ter either fixture. must Ix of a quaes• Is. ttpr. drsetn. and colter, and attached in the manner apprntrd bt the Landlord. 1. Nei -tan. sdtertssrment. notice. fir other lettering -hell be exhibited. inscribed. painted, ter affisrd be ant Tenant nn om part ter the nutsede ter inside ter the drmevd prrmnra or building without the pnnr wreatrn rnn sent (if the Landlord. In the resent elf the vodattren of the f treemnt ht onv Tenant. Landlord mat remote terms without ant liabslite. and most charge the rtepense encurrrd bt such remntal to the Tensest ter Tenant. tiolaune the, rule. Intrrioe .tans on doors and dirrrinrt tablet .hall be inscribed. pointed ter affsvrd at the rxprnv ter the Tenant, and shall be of a •site, color, and style acceptable to the Landlord. 4. The sashes•.ssh deeora, ski lights, windows, and door~ that rrflrct or odmit Lehi Bind her utter rh.Qsalls, pawtrveat.. ter other public plares in the building •hall costs be cosered. or obvtructad by any Tyruntr nor siluU ass bottles. other. arucirs, be placed sent the wvtduse.ellt. . 5. The rater and rash clouts and other plumbint fixtures shall not br used for any purpose+ other then those for which they were run• .trusted and no swrepinn. rubbish, rage, or other substances shall be thrown therein. All damaecs resulting from am ms.use of the fistures shall be borne by the Tenant who, or whose servants, employeea. agents, tititnnr, nor Ilren.eM .hall have caused the same. 6. No Tenant shall mar►• point, drill into, or in any way deface any part of the demised premier• or the building of which then form a part. No boring. cutting. or stringing of wires shall be permeated, except with the prior written consent of the Landlord, and as it me,, direct. No bievrlm vehicles, or animals of any kind shall be brought into or kept in or about the prrmt.es, and no cooking shall be dune or per. mitted bt any Tenant ten said premises. No Tenant shall cause or permit env unusual or objectionable odors to be prnduced upon or permeate from the demised premises. 8. No Tenant shell make, or permit to be made, any unseemly or disturbing noises or disturb nor interfere with occupants of this or neighbor• ing buildings or premiw or those having business with them, whether by the use of any musical instrument, radio. talking machine, unmusical noise, whistling, singing, or in any other way. No Tenons shall throw anything nut of the doors, windows._or.kthliht., or down the psssageways. 9. No additional lucks or bolts of ■n% kind shall be placed upon any of the doors or windows by any Tenant. nor shall any changes be made in existing Inclose or the mechanism thereof. Each Tenant must, upon the termination of his tenancy, rret ore to the Landlord oil keys of offirret and toilet rooms. either furnished to, or otherwise procured by, such Tenant. and in the event of the loss of om keys so furnished, lush tenant shall pay to the Landlord the cost thereof. 10. %11 remntals, or the carrying in or out of any safes, freight, furniture. cer bully matter of ant description must lake place during the hours which the Landlord or its agent may determine from time to time. The Landlord reserves the right to prescribe the weight and position of ell vies. which must be placed upon 2-inch thick plank strips to distribute the weight. The moving of safes or other fixtures or bulky metier of any kind must be made after precious notice to the Manager of the building. Any damage done to the building or to the tenants or to other persons in bringing in or removing safes, furniture or other bulky or heats articles shall be paid for by Tenant. 11. No Tenant shall occupy or permit any portion of the premises demited to him to be used for manufacturing or for the possession, storage, manufacture, or sale of liquor or narcotics or as a barber or manicure shop, or a► an employment bureau. No Tenant shall engages or pay any employees on the demised prosniises, eicepi those actuary warfiin5 for eoc}t Tenant on said premises nor ad%ertme for laborers giving an addrev at said premises. 12. Each Tenant, before closing and leaving the wid premises at am time, shall ore that bill s indova are closed. All tenants and occupants must observe strict care not to leave their windows open when it rains, and for eery default or carelessness in these respectk or any of them, shall male good any injury sustained by other tenants_ and to the Landlord for damage to point, plastering or other parts of the building, resulting from default or carelessness. 13. Each Tenant shall, at his expense. provide artificial light for the employees of the Landlord while doingjanitor service or other cleaning, and in making repairs or alterations in said demised premises. 14. The premises shall not be used for gambling, lodging or sleeping or for any immoral or illegal purposes. 15. The requirementaof?enants will be attended to only upon application at the office of the building. Employees shall not perform any work or do anything outside of the regular duties, unlew under special instructions from the office of the Landlord. 16. Canvassing, soliciting, and peddling in the building is prohibited and each Tenant shall cooperate to prevent the same. 17. Tenant shell hove the free use of the mail chutes installed in the building, but the Landlord in no wise guarantee the efficiency of the said mail chutes and shall be in no wise responsible for any damage or delay which met arise from the use thereof. 18. The Landlord specifically reserves the right to refuse admittance to the building after 7 p.m. daily, or on Sundays or on legal holida►s, to any per►un or persons who cannot furnish satisfactory identification, or to any person or persons w hot for ores other resson in the Landlord's judg- ment. /hould be denied access to the premises. The Landlord, for the protection of the Tenants and their effects me) prescribe hours end intervals during the night, on Sundays and Holidays, when all persons entering and deporting the Building shall be required to enter their names, the office to which they are going or from which they are leaving, and the time of entrance or departure in a Register prodded for that purpose by the Landlord. 19. The Landlord may retain a passkey to the lessed premises, and be allowed admittance thereto stall times to enable its representative to es• amine the said premises. 20. The Landlord reserves the right to make such other and further rravonable rules and regulations as in its judgment may from time to time be needful for the safety, care and cleanlineu of the premises, and for the presery ation of good order therein, and any such other or further rule. and regulations shall be binding upon the parties hereto with the same force and effect as if they had been inserted herein at the time of the eteru• tion hereof. 21. No Tenant, nor any of the Tenant's servants, employees, agents, visitors or licensreoo.. shall at ans time bring or keep upon the demised premise any inflammable, combustible, or explosive fluid, chemical, or substance. p C V C � V F� „ I I I I I I I I e r. I I 83-48 ADDENDUM 2 INDEMNIFICATION The City of Miami does hereby acknowledge and agree that any and all operation of the programs implemented by the City of Miami which utilizes the facilities provided hereunder are the sole and complete responsibility of said Provider and all persons hired by the City hereunder are the employees, agents or officers of said City of Miami and not that of the Off -Street Parking Department. In this connection, the City acknowledges and agrees that it is solely liable and responsible for damages which might arise out of acts or omissions of the City, its officers, employees, agents or persons under its direction and control, and to the extent that the Off -Street Parking Department may be named in a suit which arises out of the acts or omissions of the City, its officers, employees, agents or persons under its direction and control, the City shall indemnify, defend and hold the Off -Street Parking Department harmless however, liability under this clause is governed by the limits and to the extent provided in Section 768.28, Florida Statutes, the partial waiver of sovereign immunity. In this connection, the Off -Street Parking Department acknowledges and agrees that it is solely liable and responsible for damages which might arise out of acts or omissions of the Off -Street Parking Department, its officers, employees, agents or persons under its direction and control, and to the extent that the City of Miami may be named in a suit which arises out of the acts or omissions of the Off -Street Parking Department, its officers, employees, agents or persons under its direction and control, the Off -Street Parking Department shall indemnify, defend and hold the City of Miami harmless however, liability under this clause is governed by the limits and to the extent provided in Section 768.28, Florida Statutes, the partial waiver of sovereign immunity. �3--487 F IN, \!1 Ties. I,s-c and all pratt-ton., t otrnants and condiltuna thereof .hall be binding upon and inure. to the IwncRt ttf the heir.. 1•?Itr\� legal rr•prr-°•ntatrtr-.-urrt•--.rr- and a--iten- of the parties hereto. except that nu prr.ttn, firm, rnr .ration, ur ruurt n w frit•rr holding ° under ttr thruuth Tenant to tiolation of ant of the terms, prntr-inn- or rondttiun- of the. Ira -or. %hall he%r am right, intrrr•.t tor cguitt in or tit the- Irs.e, the term, of this Irs-r or the prrme.ra cn%rrrd bt ties- leas. F.11'.F:PI 1. .h. '-ubjt•ct to the term., condition, and cutrnant. of thin Ira-e. LANDLORD sgrre. that Tenant .hall and mat pese.csblt NII�•F.s-111\ hair, hold and enjoy the prrmt.t•- abate dc-embed, wtthnut hindraner ur molr-tateure boo Landlord. "' %rid it t- further agreed that thi. Ira-r is, made ht the Landlord and arrrptrd be the Tenant under the tit -tins t under -tan. 1\It tine and agreement that the Landlord -hall hart the right sad pritilege to makr and build addttiun. to the building of wherlt the dcmtse.d .pare e- a part, and male -urh alterations and repar- tit said building a% it mey dorm wt.r and ad% i.abit• w ttitot►t ant leabili. tt to the Tenant therefor. 211. The. term. Landlord and Tenant ■a herein contained •hall include-tncular and/or plural, ma-rulinc, femtntne, and/tor neuter, heir.,-ucer-.nrs, cat t•uturs, admini-trator., personal rt•pre-entatitrs and/or s.-tgn- where%rr the rontrtt •tr require-. or ad. mtt.. 011\E\T 111tN1 A1\ 1-9. In the rtent ant porttr►n of said leaned prrmisrn is taken bt ant rt►ndemnation ur eminent domain prnrrrdine•. the t minimum) monthly rental herein-pecified to be. paid .hall be ratably rrducrd according tit the errs of the Ira-cd prrmi-e. on hick in taken, and Tenant .hall be entitled to no other ron•iderstion by rra.on of such taking, and an♦ damage--uffered by Tenant on at•. count of the taking of any portion of said leased prrmisrs and onto damage% to any structure, erected on -aid lea-rd prrmt-e%. re. -pre• titclt. that -hall be awarded to Tenant in said prnrredine--hall be paid to and retvtted bt Landlord. and Tenant -hall hasr net right thrum ter thereto or to am part thereof. end Tenant doer hereby relinqui-Ft and a -sign to Landlord all of Trnent'- right. and equine- in and tit am -uch damages. Any rental based upon the percentage of ero...ales .perifird in thi- lease to be. paid -hall in net wag bv reduced or affected by the taking of en% portion of the premi-es by cundemnatiun or cntenent domain prttcerding-. Should all r►f till, Ica-ed premises be taken b) eminent domain, then and in that stunt Tenant shall be entitled to no damage. or am cure. .ideration by rea-on of such taking, except the cancellation and termination of this lease as of the date of said taking. -t RRE\UER 30. Tenant agree% to surrendrr to Landlord, at the end of the term of this Irase and/or upon am cancrllation of thi- lease. said PKL)11SLS Ira-ed premises in as good condition as said premise, were at the beginning of the term of this leave. ordinan wear and tear, and damage bt fire and wind.torm or other sets of God, excepted. Tenant agrees that, if Tt•nant due. not-urrrndrr to Landlord. at the end of the term of this lease, or upon any cancellation of the term of this lea-e, said leaned prrmi-c-, then Tenant will pay to Landlord all damage+ that Landlord may suffer on account of Tenant's failure to so ,urrender to Landlord pos.eesion of aid Ica.ed premises, and will indemnify and sate Landlord harmless from and against all claims made 6% am succeeding tenant of said premiss against Landlord on account of delay of Landlord in delitering pat.-e,-ion of .aid premi-t•- to said .ucceeding tenant •o far as such delay is occasioned by failure of Tenant to so surrender said premises. LIES 31. Tenant further agree, that Tenant will pay all liens of contractors, subcontractors, mechanics. laburem materialmrn, and other itrms of like character, and will indemnify Landlord against all legal cost, and charges, bond premiums for rrlea%e of liens. including coun,rl fee, rrasonably incurred in and about the defense of any suit in discharging the said premises or any part thereof from any liens, judgments, or encumbrances caused or suffered by Tenant. It is understood and agreed between the partir- hereto that the cost- and charge, abote referred to shall be considered as rent due and .hall be included in ant lien for rent. The Tenant herein shall not hate any authority to create any liens for labor or material on the Landlord's interest in the above described property, and all persons contracting with the Tenant for the destruction or remotal of an% building or rnr the erection, installation, alteration, or repair of any building or other improtements on the abote described premise., and all materialmrn. contractors. mechanics. and laborers, are hereby charged with notice that the) must look to the Tenant and to the Tenant's interests only in the above described property to secure the psy ment of an) bill for work done or material furni-hed dur. ing the rental period created by this lease. Iti WITNESS WHEREOF, the parties hereto have hereunto executed this instrument for the purpose herein expressed; the day and year above written. Signed, sealed and delivered in the presence of: As to Lessor As to Lessee DEPARTSIENT OF OFF-STREET PARKLtiG By: (Seal) Lessor (Director) By: Lessee APPROVED S T FORM AND CORRECTNESS: B — Y lisoidootie6esseassionesse— �6 ADDENDUM 1 E R. GARCIA-PEITROSA, City Attorney Utilities The Landlord, during the term hereof, shall pay all charges for water and sewers and electricity used by the Tenant. In the event that rate increases for water and sewers and/or electricity exceed 5 percent or more from the commencement date of the lease, Tenant will pay its pro rata share of such increases. (Seal) 83-48a7-