HomeMy WebLinkAboutR-83-0488J-83-342
40
RESOLUTION NO. t:) --45- 8
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 AND NINTH FLOORS OF THE
OLYMPIA BUILDING, 174 EAST FLAGLER STREET, FOR
THE USE OF THE DEPARTMENT OF MANAGEMENT AND
BUDGET, WITH FUNDS THEREFOR ALLOCATED FROM
BUDGETED FUIJDS OF THE DEPARTMENT OF 1ANAGEMENT
AND BUDGET.
BE IT RESOLVED BY THE COMI•II53ION 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 and ninth floors
of the Olympia Building, 174 East Flagler Street, for use of the Department
of Management and Budget with funds therefor hereby allocated from budgeted
funds of the Department of Management and Budget.
PASSED A14D ADOPTED this 9th day of
ATTEST:
_ r"_7/ , cs
RALPH G. ONGIE
CITY CLERK
PREPARED A14D APPROVED BY:
ROBERT F. CLARK
DEPUTY CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
OSE R. GARCIA-PEDROSA
ITY ATTORNEY
June , 1983.
?Ia uri ce A. Ferre
M A Y O R
CITY COMMISSION
I4EETIING OF
J U N fw9� }}198��3qq �)
fiESSnHhS
4 4
3 Howard Gary DATE: March 7, 1983
City Manager
City of Miami
SUBJECT: Olympia Building Leases
FROM: Roger M. C�- t
Director
i l ► ,(
Department of - ti�? Pa ng
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-^
C=CAP
.�
.-..
GO CI
J
C7 T
T_
un C7
to rn
83-486
TO: Beatrice Bru DATE: April 8, 1983
Assistant City Attorney
SUBJECT: Lease Agreements for
the Olympia Building
FROM: Roger M. C 1 'n 1
Director
Departme f-� tr
1
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.
83-48f
0
40
CITY OF MIAMI. FLORIDA
C,T';' ," "' - ^--INTER-OFFICE MEMORANDUM
TO Jose Garcia -Pedrosa DATE. March 24, 1983 FILE
City Attorney
CROM Carlos E. Garcia
Director of Finance
SUBJECT Off Street Parkina_ Lease
Agreements
REFERENCES. (Our Legal 83-001)
ENCLOSURES.
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 with Internal 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
83-486
OLVAPIA BUILDING LEASE 40
174 East Flagier St
Miami, Florida
Litt A;rttil tot, entered into thl- l8th day of February A,D., 14�.
brtwrt•n ME: DE.I'Alfl•NIENT OF OFF-STREET PARKING. htrrineftrr rolled LANDLORD, and
CITY OF MIAMI (MANAGEMENT AND BUDGET
hervinsftrr called TENANT. IS TO RITNESS: That Landlord dare thi. day Ies.r unto Tenant:
Suites 505 through 520
Suites 901 through 920
Located within the premises of the Olympia Building
To hate and to hold Raid prrmi%es for the term of 3 years beginning Ma reh 1 , 19 83
and ending February 28, 19 86 for thhe to of r nt d floor orro of 7935 square
even ousana—one Hun�re� Seventy
feet, at the agreed monthly price of Four DOl Jars and—Sa./I 00 (f 7074.56 ) Dollars
xpmxjp=cKkwx for a total rental of Two Hundred Fifty Eight Thousand Two (E258,284.16 I Dollart�
Hundred Eighty Four and 16/100
psy able in equal monthly installments, to be paid on or before the 1 st do) of each month, all payments to be
made to, and at the office of, the Department of Off-street Parking, 190 N.E. 3rd Street, Aliami. Florida 33132.
IT 1S FURTHER AGREED AND COVENANTED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS:
ECURITY 1. Tenant, concurrently with the execution of this lease, has deposited with Landlord the sum of f
the receipt of w hich is hereby acknowledged by Landlord, which sum is an amount equit alent 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 arartjt ljme apply said Security or any part 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 %o to do; that, in the etent this
Security shall not be utilised for any such purposm then such Security shall be returned by Landlord to Tenant within thirty day%
next after the expiration of the term of this lease- Landlord shall not be required to pa) Tenant an) interest on said .eeurit%
deposit. -
SE 2. The Tenant will use and occupy the premises for offices for the Department of
Management and Budget
and for no other use or purpose.
.SSIGNMENT
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 an) part thereof be underlet or oc-
cupied by sn)bod) other than the Tenant, the Landlord may, after default b% the Tenant, collect rent from the s%signee. under•
tenant, or occupant and apply the net amount collected to the rent herein reserved, but no such collection shall be deemed a
waiter 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.
•ERVICE
4. The Landlord will furnish services as follows: Air Conditioning, Electric i tY and
Janitorial Services
Such %er%ice shall be git en as long as the Tenant is not in default under an) of the cotenant% of this lease, subject to .triker:
accidents, breakdowns. cstsstrophes, national or local emergencies, acts of God. and condition% and cau%es beyond the runtrul tit
the Landlord, and upon %uch happening, no claim for damages or abatement of rent for failure to furnish an) such serf ice- -hall be
made b) the Tenant or allowed by the Landlord.
.XANIINAT10N OF
S. Tenant having examined the premises is familiar with the condition thereof and relying wIcI) on such examination will
PREMISES
take them in their present condition, unless otherwise expressly agreed upon in writing.
}:PAIRS
1K)=.y.)=Q{il{NsK"xxxmy'e}"W);i'fiWriist u`einy�Y+�su'�r3ar'x si ` �}�r�is�
Y.xv,ry4xx" .xx.x*x)t*xotxoxxe 1)#.tt"lgx"XXXW.UiXM*xANii "t will at the trrminatiun of thi- lease
by lapse of time or otherwise, return said premises to Landlord in as good condition a% when rrceited, luss b) fire or wind -turns and
ordinar) wear excepted.
)ELAY OF
6A. If the Landlord is unable to give pu%session of the demised premises on the date of the commencement of the afor"id
POSSESSION
term by reason of the holding over of an) prior tenant or tenants or for on) other reasun; an abatement or diminution of the rent
to be paid hereunder shall be allowed Tenant under such circum%tsnces, but nothing herein shall operate to extend the term of the
(rase beyond the agreed expiration date; and said abatement in rent shall be the full estent of Landlurd'% liabilit% to Tcnant Go an%
lox. or damage to Tenant on account of said del&) in obtaining pn%se%%ion of the premises. If Landlord is unable to gi%c pie s iun of
the dr-mi•ed premisro to Tenant within ninety days next after the commencement of the term of this Irass•, then Tenant .I.all hate
the right tit cancel this lessor upon written notice thereof delivered to Landlord within ten do)% after the lap-t- ttf vid ninny day
period; and, upon such cancellation. Landlord and Tenant shall each be relrssrd and di.fhargcd front all liability on thi. Irre.
►LTEHATIONS ;. Tenant will make no alterations, additions or improtemrnt. in or to thr prrmisr% %ithuut the w ritlr•n run%cni of (.rudlord,
and all addition., fi►turr., or iurhrwrment%. rtcrpt only office Turniture and fiuurr% which ►hall br rradil) rt-motablr •itl„wt in.
jury to the premise%. -hall bt- attd rrmain a part of the prcmWt at the e►pirdtiun ut thi% Irssr.
83-488
lI 1Ht.l
®rc
s'f t rH
}. li 1• under.tmod �Iaerr, d rrl •n h t �rrn the paths• herrtn that an% r atarn.t Tontine b% I.andlr�rd f..r .. r� n r..�► i�.r
'Elf\It•(•s
%trrk dttne oo the prrnn.e. b% irdrr mf Tenant. ter tot her%t— acrruint under tile. hvor. -hall be ton.oiered a• rent do•• and •hall Ire -
included tit an% loon for rent.
i ME
4 In the r%enl the prt•toi-rs -hall Ito- de.irrt%rd ur ►tr damaged or injured b% free or other t a.uslt%, durtne the tire• of thi. aerie.
merit, %h.•rrh% the.emr -hall be rendered ontenantable. then Landlord -hall hair the ntht to rt•nder .tit h preroi-e- tenantable b%
repair- within ninet% dal. therefrom. If .aid prrmr.r,o are not rtndt rood trnontablr %uhtn -did time it -hall lit- optooal with erthrr
part% hereto to i anct•I the, b a•t , and in the runt of -uch cancellation the rent -hall be paid onl% to the date of ouch fire or t a-ual•
it The rant ellaton ht•rt•in menuont•d -hall lot- e%idenced in w mine. Durint ant time that live- ltremtot•. are unt•nantahtt• den• to
ao.e- •rot fttrih in tilt, peraeroph, the rent or a ju-t and fair proport in thert•of •full be omrted
F:GI 1.1TIi1�� %%D
lit. Truant .hall prompllt rtecute end eompl% %tile all-tatuto-,. ,rdinaner-, rulr%. order-, rvrulalion%and rr•rtuirt•nu•nt• of tilt-
IN�I'H
F•edr•ral. State-. (.mint% and (.it% Gu%ernmrnt. and of ant and all their lb•porimrnt- and Iturt•su•. apphtwblr to.aid preno.e. for ittr
eorreeton, pre%entmn, and abairtoent of nuisance. or either grin-%anceoo. in. upon. or eonneeted %till .aid premtor-. durin_ .sad
term, and .hall al-o promptl% compl% with and e%rcute all rule-. orders and ri•gulation. of the !%outlir•a-lr•rn I•nderwnti•r. 4••w u•
tun for the pre%eriton of fire.. at Tenant's own too-t and rxprn-too. 'X)bXo(tXAM-XXG4X'xxXtXtXi6KrXX.X*XMX.)4x04)(IxJ(iXkX-)4"X,X
1 rxtx'x x X x x i< X xrx K x x'>cx x x'x x�c �c x K ac xrx x• x x' x k ao K x �4 x iGx x x ac-X a x x xx �ca�xx x�xx a�cx x K �ca4 x�c x a x at- x, It a� �cxtx .
NoN.P11 NIENT
11. Tenant aerr•es: That Tenant will promptly pay said rent at the time- above stated, that, if an% part of the rent or rttilil%
rharge. -hall remain due and unpaid for seven do%* next after the carver shall become due and pa%ahly. Landlord .hall ha%c the rip.
tion of declarint the balance of the entire rent for the enure rental term of this lease to be immediately due and payahly. and
Landlord ma% then prricr•ed to collect all of the unpaid rent called for b% the- Irase h% distress or otherwise.
kil1NDONNIENT 12. If during the term of this lease Tenant shall abandon, locate or remove from the premieroo the major portion of the loud..
wan•., equipment or rurni-hinge u-uaII% kept on .aid premises, or shall erase tit) ine bu•int•.• in .aid prentioro. or .hall •uffvr the rent
to be in arrears. Landlord mat, at its option, cancel this lease, in the manner stated in Paragraph 13 hrrruf, or Landlord may enter
said premises as the agent of Tenant, by force or otherwise, without being liable in an% %av therefor. and rrlet the prcmi-r%with or
without an% furniture that may be therein, as the agent of Tenant, at such price and upon such term, and fur -uch duration of time
a%Landlord may determine, and receive the rent therefor, applying the same to the payment of the rent dur by these present.. and
if the full rental herein pro%ided shall not be realized by Landlord over and above the expensrs to Landlord of -tech relettiree. Te-
nant shall pay andeficient-%.
:1 N K R I PTCY xXXDi4XxtXiXiGifrlG�flXtiKJixrXliJG ,Xd(Did(Kei4�4aiXQ6J(XDfiIliJLiirixli(a}lxtiiY%;iiirXiXai:fi-0(s�QiitXX,d(t ip:rxiXXtXXIXXritxiXXsXXiaiLxxifrKXXIC
XixJ(x•xXrY04YJ4lEYrx?4lGXd(Jfd4Xtx►�XXI)LXJffiEXJi•YdGxxJ(rXiX�4J�XiY>a(iX.�EX1X%XYcYsXtYrXtK.X•x�0:(XKiX1Yua6XOf,)GXYXJ(iYs�GXJ4•XaXJ(DfiXXJfrXX
X � X X lK(dx(U�4t•X�i K� i�(�J�(K J�(t� Jx4X�X� �Xd(tO�Gx XX xtY�X K� J�f•1�QX X Xi X �3E �JX(J�4lKOX� X �iX�XJKC,xXXXXXDKG,Y�X4 �iXK.XXi?�f XX X� Pxl 1wS Jt� JL i(x � X XdC
wxae 14xtxxrx xXJXX�rJ(XX:JIpQ'X;XKtX(xxxI)6Yri(XJ(J(txn4xJCa4�cYK�a(�ct>FXxxxXXrIGX,X 14XJ(D(•1ftX YtX XXXr4,YX �iXrX KJCifr)�,XNXdLX•xX.XrXX
t OGX K•XJ(XrK14JFxtXrl4xt�',KrX xA41(xt34xNt1frxrx04�E)FiX,X K14)4XIXJ4>•(J4Y.�J4x YXJ(IYtXsYrXXXi?4XX.x1(J4XXKJ(iX�frYrJ4XX,XXtXrXd(iaGYrXXYr,LXJ(
UXN)4XXX)(X,XXXrYAX"X XUXK"X*XMtt*Y4X-XX"K)6XXXr XX,XXX:xX•XMX)OX.xx•Xa4X.GXXOI.XX-MXXxaixxXXXYX
xxKJ4x,Axx*xxtXy,.xsaxX,4,)rxxrxd;,xx,xxxtxKAXMix X"u'rXIX"XXXXtX
)(AXXX-XX4(.XXO(XXXKMD(D6xXrX)aXfiKO()4KtXXX,YAXXMKXaXAXi6X> XXtXKXtxiXrXxXXXKX"C,Xtxs,"XXXX*XXtXX•XY.X
lxXJ4KJGX 1(a4xxixwx,»xacK?EJ�Kt iFx,Y YD[JfcX ZxrYiKtYrxX Xt�kKtxJGX,X �(r)4YiYaXXdGXv1�KJ�?FXJ(•XxXtXxX�(JLX Xt?(•XtXXX XO(JfiX�SXxXX.Y►;C
xrR�4lrX+x�►�3'c�xrx�caxax�c�ax�ax�xt>tix�r!'tR'�rk�xX�x �tbct�axxt�(►rX��tx�xaxxx►x��ax�x'xxx�c�xaK,x��ax�r�ctx�c%xix�4xxxX•X%
rtXxtXX+X Xixltx �(t3tK�9i9tK K�(PfiXtkXrXxX�x9EXIitKexxtxx 9(d(1�'Xet(�X�(t1QKfl4XXrxx�h?QxtXJ4ifi)RxXtx•xt?Slli(tx�(1►CIx1GX xtxaeae►xaGx•xxae
x x�, ct xxtx xfa~ xilc �rx
tTTORNEYS
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
•xxx
default, then in any of said events either party does agreesto pay a reasonable
attorney's fee and all expenses and costs incurred by either party pertaining
thereto and in enforcement of any remedy available to tither party.
16. No waiver of any condition or covenant of this lease either party shall be
'deemed to imply or consitute a further waiver either party of any other condition
'deemed
WAIVER
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
RIGHT OF
r tO tilt use of another.
r 4�h
L andlord, or any of his agents. shall have the right to enter said premiers during all reasonable hours to examine the same
ENTRY
or to make such repairs, additions or alterations as maybe deemed necessary for the safety, comfort. or preservation thereof, or of
said building, or to exhibit said premises at any time within thirty day% before the expiration of this (rase. Said right of entry .hall
likewise exist for the purpose of removing placards. signs. fixtures. alterations. or additions which do not conform to this agree.
ment.
PERSONAL
18. All per%unal property placed or moved in the premises above described shall be at the risk of Tenant or the owner therrof.
PROPERTY
and Landlord shall not be liable to Tenant for any damage to said personal property. or to Tenant. arising from the bursting or leak-
ing of water pipes or from any act of negligence of any co -tenant or occupants of the building or of am other person w hum%oe%er.
INDENINIFI'
xx)jkxjQXp(pp)pl�q�xppxptl(%d(�C1cQtpjhK�(fXifr�(tX�((aXfXlXxi(XaiisYXiiX('iii(i+X�(slitXiitKiii�iiXiii(ri�XXliv%ii�Xr�sXXXidXsiiiiXw�ii!
LANDLORD
X'1(�lCtjpK11f9(X�'9(k9fk)(ell9QKIKi(]l�lK�Q9(4QXIi(K9Cx9t)<itKXti�x>)!Kd(X�14GKKJExa6ilx'x�EKiiKXa4xJ4J(KtX�(Xd(a(xJfX'xXi(iYxtxfXXXYi1lX
zrXexottx'1ixKeKl{tx06xX%xeX)4K�%4�XK+XX►�Ed6XJ(XtYr�,tl(d61ii(ri(xtirXaiii XJ jXiiXXai(ilXi:a�tXtXtXXIXX4X•X7.X liX�lr,X�KXJtXXX�JiXXJ(X
�X'K)QK9�x0(9tK7(rxtXKrx�E9(OPK�x9?xx Kx�t1El�X 7��lCXt1Q9(!�(�tX'x K9i X�x;xlCxx4c�l4QX'X�>Gx•xx>XR,x04Ka x�CJ(iXii•KxJiJ(lGx'xK'>Fx>'c1E
Seex
XtXj?xiYrK?4cXxxaxfxwix(xxzzcxxxwxxxxxwXaxXxtxxixxbaccxX�xcacilxXfXacxxzX-z
Addendum 2
"�'>Qx�eK4(x►X�kX9QX�(•x�tD(XXX�x�QKt�fX4(')NKXx'x9(DG)Gx�C9QXi(�(1(9t>QXxxO(M�1(ai)tiXJ�W(•lSXiilxxJ(i(�Xri(JitXU(•x'XJ(J(tXx�()�xX
XO(X)tXO( X•X(XtA*KrXOKx'(44KtXXr)[x+xXNotX(n)(,KtxXrXX"Kd416KeXXrxKXIfOXXO)O)4KKKO4x16xix(ilXYIAXXi4')OX%liKfxvl(UXJ(t"
kxx��ei�x�xxsa�cx><ixh�1{91rxXlxi�t�x►�k1tlr><xax x�lx�cexK�cxxhc x�4 x xx�r xx ktx�414xtx�c x,aa►�(a4carxxt>GKa(�a x'xx1(�x Kt;F>vx wlcxx•1�x
XXXXX9XrX9AIX*XX)MMXXKK-)4XXIxXfKX^X)OtXX9{i)}KekXkT)WX)OX-X KXXa4XtXXW)OI(eAK04X",X*XUX,x
K
;0.I►XX,Y(
IaIT TO
MORTGAGE OR
20. Tenant's rights shall be subject to any bonefide mortgage which now co%erts said premises and which may hereafter be plac.
LEASE
ed on said premiers by Landlord, or underlying lease now or later co%ering the entire property.
%0TICES
21. Except for the monthit rental notices. all notices shall be certified or registered mail or nuticroo delivered in hand it) the
Landlord or Landlord'% Agent and to the Tenant or Tenant's Agent on the premises. If the premiss are uo tecupird ur act•eptancr
of -aid notice is refused by the Tenant or Tenant's Agent, said notice may be ser%ed on the Tenant by posting same in a pro.
minent place on the premises. This paragraph shall apply to notices pro%ided for in this lease by the laws of the State of Florida.
Ht LES AND 22. It is mutually agreed that all the Rules and Regulations printed upon the back of this instrument shall be and are brn•b%
IILCULATIONS made a part of this (rase and Tenant co%enants and agrers that he and hie ser%ants and agents will at all times ub.er%e, perform and
abide by wid rules and regulations.
y RITTEN 23. This lease contsins the entire agreement between the parties hereto and all prr%iou- nrgututions leading thereto, and it
%GRELNIENT may be mndifird only s
by an agreement in writing signed and sealed by Landlord and Tenant. No surrender of the demisted premiers e
or of the remainder of the term of this lease. shall be valid unleaccepted by Landlnrei in writing.
TIME 21. It is understood and agreed between the parties hereto that time is the n.ence of all of the terms and provision► of this.
lease.
83-488
�. 40
ADDENDUM 2
1NDEMNIF 1CATION
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.
8 3-488
- r.. �... .� -. -r: - } , � .. � .. . �._ ter••' - • •• .S . _ .. .. . •�. .t .•..... .. ^ LR'!;'�.Yh.F�r ��w r.l.p,,•ol.�,►s
F:SR54
&\b 25. This lease and all pr-oti-men•, rotenants and condition+ thereof •hall be hindint upon and inure to the brnrrit of the hrir..
ti��Sf,\j legal reprr-rntahtr urre,.or•c and 4•4rem of the partrr+ herein. except that no prnon, firm. cnrporauon..rr court rofficer holding
antler or through Tenant in t uilatton of ant of the termer. prnte.ions or condition, of this Iea•r. -hall hate am right. enterr,t or
t ..Hutt% in or to tilt. Iea-r. the terms of this lease or the premurs rotrred bt this !rase.
:h. oiub)ert tit the term:. rtinditions and rogenanU of this Irasr. LANDLORD aerr" that tenant -hail and mat pe•acrabFt
ha%e. hold and enfot the premt-es abo%e dr-cribrd. without hindrance or molrstation tit Landlord.
t l TER M11\- '', end it t- further agreed that the- lea-e is made tit the Landlord and arretited tit the Tenant ender the eli.trnrt ender-tan-
\\0 sung and ,rereement that the Landlord -hall hate the right and pnttlree In make and build addition- to tilt- hmiding of whreh the
iF.P 11N- rletiu-rd -pace t- a part. and make -m•h ahrrations and repair+ to -aid building a• it mat deem w ter and ads e.abl,• w rthout ant habiii•
ti to the I'enant therefor.
_IS. Tilt- term, Landlord and Tenant as herein rontaimed -hall include .insular and.or plural, ntasrulme. frounitiv. and or
neuter. heirs. •urresfirs. executor.. administratter-. per-onal repro-cntattte. andtor a••ien- whcrr.cr tilt- rontett -o rr.ltnre- or ao•
nut..
.011N0,T
at cndenation or einnt domain pnnrtding•. the
:'►. In the etent ant portion of •aid leased prrmi.es is taken booncondemnation me
M 0l \IN
I onnnnurn I month!♦ rental herein-pre•ified to he paid .hall be ralablt rrduced acrrirdine to the area of the leased prenn-e- which is
taken, and Tenant -hall be• entitled to no other inn-ideration bt reason of -uch taking. and ant dantaet•--ufferrd bt Tenanl on are
.,mint of the taking of ant portmin of -ani leased premises and ant damage- to any-trurture• crertrd on -aid Ira-ed premier.. rr-per.
Melt. that -hall he awarded to Tenant in -Aid preeceedines shall be paid to and reerited bt Landlord. and Crnant •hill hate no right
therein or thereto or to arry part thereof. and Tenant doer hrrcby relinquish and assign to Landlord all of Tenant'. right- and
i•quuie• in and to any such damage%. Ant rental based upon the percentage of gro-s sales specified in till. leas tit be paid -hall in nip
wat he re•ilured or afferted ht the taking of ant portion of the prenttse. ht condemnation or i•ninu•tit duniain prorretiing-. should
Al of the Ir•a-ed prenn•es be taken by eminent domain, then and in that rtent Tenant hall be entitled to no damage- or any con.
.iiirralmn lot, reason of such taking, except the cancellation and termination of this Ira.e a- of the date of -aid taking.
-t I410"'M It
.111. Tenant acmes to-urrender to Landlord. at the end of the term of this lease and/or upon ant rancellation of tilt- lease. -aid
PItENIL^F�
Ir.i•rd premises in as good condition ay said prenti-es were at the beginning of the term of this lease. ordinar% wear and tear. and
dattiat c bt fire anti wind -corm or other acts of God. excepted. Tenant agrees that. if Tenant fines nip( surrender to Landlord. at the•
end of the term of this lease. or upon any cancellation of the term of thi- lease. said lea-ed prenii-e-. then Tenant will pay to
Landlord all elanlaces that Landlord "toy suffer on account of Tenant's failure it) .o-urrender sir Landlord posse --ion of -did It•a•rd
will indemnify and -ate Landlord harmle-- from and against all claims made by am-ucceedine tenant if -aid
prcnei-r-. and
premi-e. again-t Landlord on account of delay of Landlord in delitering posrs+ion of -aid premises tit -aid •ucce•rdine tenant -o far
.e- such de(at is occasioned by failure of Tenant to so surrender -aid premises.
1.1E.N'i
:11. Tenant further agrees that Tenant will pay all liens of contractors. subcontractor-, mechanics. labtirrr-. materialmten. and
-other items of like character. and will indemnify Landlord against all legal costs and charges. bond premium• for release of lien-.
inrludine noun -el fees reasonably incurred in and about the defense of any -uit in discharging the said premier- or any part thereof
from any liens. judgment%. or encumbrances caused or suffered by Tenant. It is understood and agreed between the parties hereto
that tilt- costs and charges aboxe referred to -hall be considerrd as rent due and -hall he included in am lien for rent.
The Tenant herein shall not hate ant authority to create any liens for labor or material on the Lanolord'- interest in the
abate de-cribed property. and all person; contracting with the Tenant for the de-truction nr rrmotal of ant building or for the
erection, installation. alteration. or repair of any building or other improtements on the abuse dr-cnbi•d premi-". and all
materialmen. contractors, mechanics, and laborers, are hereby charged with notice that they must look to the Tenant and to the
Tenant'- interests only in the abate described property to secure the pay ment of any bill for work done or material furni•he•d dur.
ins the rental period created by this lease.
I\ 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:
DEPARTMENT OF OFF-STREET PARKING
By:
As to Lessor
Ut:
As to Lessee
Lessor ( Director)
Lessee
APPROVED AS TO FORM AND CORRECTNESS:
ADDENDUM 1
By:
Ut i 1 i t ies OSE R. GARCIA—PEDROSA, City Atty.
The Landlord, during the rm hereof, shall pay all charges for water and
sewers and electricity ed 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 l
(Seal)
83--488
OLYMPIA BUILDING RULES 8t REGULATIONS
The odiswalk.. entrances, pa--aeeo. cnurt-. eletstors. %r-tibulea.-tsir-a%s. corridor%. or halls. -hall not lie „b,tructvd tar encumbered b%
am Tenant or u,rd for an% purpose other than inerr-, and eere-s to and from the demo-ed prrm,-e-.
_• No s-nmg% or other projertiorrt -hall he attached to the outode wails of the buildine without the prior written r n-rnt of the Landlord. \,.
irtatn+, blind,. •hadr-. or ,rrren% .hall he attarhied to or hone in. or u-rd in connection with. ant-tnd,.- or door of ihr drmi-rd "rem..r
+,thout the arinr written rnn-ent of the Landlord..-ttrh a -nine-. prigw•uona. vurtairn%. blind•..hadp%, •vreem, tar other hit ire+inu-t to of a qualt•
it, itpe, dr,ien. and color. and atiarhed in the manner apprn%ed bs the Landlord.
i. No sign. ad%ertt•ement, notice, or other Irtterint •hall he exhibited. in-cribrd. painted. or affited ht am Tenant on anv part of the nut.Mr
„r of-ide ,if the demised premw% or building without the print written cnn-ent of the Landlord. In the event of the %rotation of the fori•toint Its
ant renant. Landlord mas remove came-iihout anv liahtlitt, and nias rharee the, r%prnw incurred b% -urh rrmo%al cis the Tenant nr T,•nant.
- olatirie thta rule. Interior steno on loon and directory tablet -hail be in-t•rtbed. painted or affixed at the ripen-e of the rrnant, and -itail br of
A -tar, color. and sttle acceptable to the Landlord.
I. The .a-hra• -ash doom; sktlielNs. windows. stuff doom that or admit Gcht and iir irrt.i tht%4mll% paweewsv+. or tither public Alarm in
the building -hall n+tt be vVvaered, or obstructed by and Tanant. nor ,hall aay bottles, parrrJs.or other, srutlev be placrd son. the wnduw.illi. .
I. The -sire and -ash clo-eta and other piumbint fixtures -hall not br used for anv purpo.rs other than (hoar for which thrs were eon.
-trurtvd and on,rrepinrs. rubbi%h. rats. or other-ub-tancrs,hall lie thrown therein. lit damage+re-ultint from anv mi-u+eof the fixture --hall be
borne h% the Tenant who, or who-e-rrvents, employrrs, seems. victors. tar licen-re% -hall hair cau,ed the same.
it. Na Tenant -hall mark. paint, drill into, nr in anv -a% deforr anv part of the demt-rd prrmt-r-tar the buildine n( which the% form a part. No
horint. cutting. or-trineing of wirrx -hall be permitted. exerpt with the prior written con,ent of the Landlord, and as it ma% direet.
No hie%vlr-. %ehicles, nr animals of anv kind -hall be broocht into or kept in nr about the premt-ea, and no rookirce -hall he door tie per.
mitted bt anv Tenant on -aid premise%. No Tenant -hall vau-e or permit any unususl or ubjecuonable odors to be procured upon tar permeate from
the demi-ed premi-es.
H. No Tenant -hall make, or permit to be made. any unseemly or di%turbine noise% or disturb or interfere with occupants of this nr nriehbor.
int buildings nr premises or those hovinc business with them. whether by the use of any musical in-trument. radio, talking machine, unmu-teal
not-e. -histlint. orietne. or in any other way. No Tenant ,hail throw anything out of the doors, windows. or •kyliaht4. or down the passagesays.
a. Na additional locks or bolt%of any kind -hall be placed upon any of the doors or window% hs any Tenant, nor -hall any chance- be made in
etaaunt locks tar the merhani,m thereof. Each Tenant must, upon the termination of his trnanc%. re -tore to the Landlord all keys of offirea and
itoirt room+. rither furnished to, it uthrrwi.e procured by. such Tenant. and in the event of the Ina of anv keys so furnished. such tenant •hall pay
to the Landlord the rust thereof.
10. till remoial%. or the csrr%int in or out of anv safes. freitht, furniture. tie bulkv matter of any drw•ription must take place durint the huura
-high the Landlord or its agent may determine from time to time. The Landlord resers ea the right to pre-cribe the writht and pu•itiun of all -afes.
which mu-t be placed upon 2-inch thick plank ,trips to distribute the weight. The moving of ,aft, or other fixturesor bulks matter of air% kind must
be made after previous notice to the Manster of the building. Any damete done to the building or to the tenants or to other persons in brineine in
or remosint vies, furniture or richer bulky or hes%y articles ,hall be paid for by Tenant.
11. No Tenant ,half occupy or permit any portion of the premise drmisd to him to be u-rd (or manufacturing or for the posar%aion, storage.
manufacture, or -ale of liquor or nsrrotic% or as a barber or manicure -hop. or as an employment bureau. No Tenant %hall engage or pay am
emploter- on the demi,rd premises, except tho,r actually ,sorkinc for wc}i Tenant on %aid premiss, nor advertise for laborers ti%ing an address at
,aid premi-es.
)2. Each Tenant, before closing and lea%int the said premiss at any time, shall see that all windows are -clued. AI( tenant, and occupants must
obserte strict care not to lease their window% open when it rain%, and for any default or earrlrs%nr%% in these rrspect3. or any of them. shall make
good any injury %u>.wined by other tenants, and to the Landlord for damage to paint• plastering or tither parts of the building, resulting from default
or rarely,-ness.
13. Each Tenant %hall. at his expense. provide artificial tight for the employers of the Landlord while duint janitor service tar 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.
13. The requirements of Tenants will be attended to only upon application at the office of the buildint. Emplovees thall not perform any work
or do anything outside of the regular duties. unless under special instructions from the office of the Landlord.
16. Carvytaing, soliciting. and peddling in the building is prohibited and each Tenant shall cooperate to present the same.
IT. Tenant shall have the free use of the mail chutes installed in the building, but the Landlord in no wise guarantees the efficiency of the %aid
mail chutes and shalt be in no wise responsible for any damage or delay which may arise from the use thereof.
18. The Landlord -pacifically reserves the right to refuse admittance to the building after 7 p.m. daily• or on Sundays or on legal holidam to
any person or persons who cannot furnish satisfactory identification, or to any person or persons who, for any other reason in the Landlord'%judg•
ment, should be denied access to the premises. The Landlord. for the protection of the Tenants and their effects may prescribe hours and intervals
during the night, on Sundays and Holidays, when all persons entering and departing the Building shall be required to enter their names. the uffiers
to which they are going or from which they are tea%ing, and the time of entrance or departure in a Register provided for that purpose by the
Landlord.
19. The Landlord may retain a pass key to the leased premises- and be allowed admittance thereto at all times to enable its representative to es•
amine the said premises.
20. The Landlord reserves the right to make such tither and further reasonable rules and regulations as in its judgment may from time to time
be needful for the-afety, care and cleanliness of the premises, and for the preservation of good order therein. and anv such other or further rule%
and regulations shall be binding upon the parties hereto with the some force and effect as if they had been inserted herein at the time of the e%ecu•
titan hereof.
21. No Tenant. nor any of the Tenants servants, employees, sitents, visitors, or licensees, shall at any time bring or keep upon the Jemised
premises any inflammable, combustible, or explosive fluid, chemical. tie substance.
r-
' 1 - 83-488