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HomeMy WebLinkAboutR-81-0403AMOLUT ION N _ A RtSOLUTION AUTHORIZING THE CITE' MANAGER TO ENTER INTO A LEASE AGREEMENT, IN SUBSTANTIALLY TIIE FORM ATTACHED HERETO, WITH G & R MANAGEMENT INC. TO RENEW THE LEASE FOR THE TWELFTH (12Til) FLOOR OF THE BUILDING AT 150 S.E. SFCOND AVENUE, MIAMI, FLORIDA, SUBJECT TO THE AVAILABILITY - ;; OF FUNDS. i WHEREAS, the City of Miami has leased the 12th Floor of the Republic National Bank Building since June 1, 1978; and WHEREAS, the lease of space has provided staff office space for the development and construction of the City of Miami/University of Miami James L. Knight International Center; and WHEREAS, the following City departments presently occupy space at this location: Conference and Convention Center Department Watson Island Development Convention Bureau Office of Information & Visitors Office o- Parkirq Construction & Management; and WHEREAS, the City desires the Conference and Convention Center Department to remain at this location until completion of the Convention Center and Parkinq Garage project; and WHEREAS, the City also desires the Convention Bureau and Office of Information and Visitors to remain in the Downtown area until future City space can be provided; 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, in substantially the form attached hereto, with G & R Management, Inc. to renew the lease for the twelfth (12th) floor of the building at 150 S.E. Second Avenue, Miami, Florida, subject to the availability of funds. "DOCUMENT INDEX I- cM NO�� " "SUPPORTIVE CITY COW-4ISS)I 1iN MILLTING OF PLAY 1 5 11 .......................... SSED AND ADOPTED this _ 15 daY of MAY City Clerk PREPARED AND APPROVED BY: fo m", '!,......1 4 S J Assistant City Attorney APPROVED AS TO FORM CORRECTNESS: � t 47 City Attorney fFt_ ... .�........ ....,�,. j • iNflEA"OPFICE. MEMORANDUM Howard V. Gary -F May 5, 1981 City Manager �' ��' --- Renewal of the Lease for the Conference Center Offices U Vincent E. G7rimm, 1N,t rAssistamt C-ity Manager' It is recommended that the Proposed Resolution be adopted by the City Commission in its meeting of May 15, 1981, authorizing the City Manager to enter into a Lease Agreement with G & R Management Inc. to renew the Lease for the Twelfth (12th Floor of t-Tie building at 150 S. E. 2nd Avenue, Miami, Florida. At the City Commission meeting of April 23, 1981, the Commission deferred action on the renewal of the lease for the convention center offices, primarily because they felt that space could be provided elsewhere and secondly, that the lease was too expensive. I think that it is important to keep in mind that the present location of the office is within sight of the largest project that the City has ever undertaken. When the combined convention center, parking garage and trade center are completed, this project will entail an expenditure of both public and private money in excess of $175 million. The City Commission should also keep in mind that when the convention center is completed in a year from now that those offices related to the operation of the convention center will move into the new facility. To move telephones, renovate space, etc. for one year, is rctin my opinion, economical or practical. The City's construction manager, Miami Center Associates, is also located in this office space. To separate them from the City staff would be a disadvantage to the City. At this stage, when every effort is being made to keep the job on schedule and to keep lines of communication open, separation of the City staff from the construction manager will work to the disadvantage of all. I might add that because of the problem of distance and communication, we have moved the architectural staff from the offices of Ferendino, Grafton, Spillis and Candela into a trailer on the site. Our major objective is for better communication. In order to minimize the concerns raised by the City Commission, we have revised the lease to a one year period with an option for a one year extention wit:i City Commission approval. It is still our plan that those facilities involved in the convention center can move into the convention center itself and those other City facilities such as Watson Island, etc. will have a year's opportunity for relocation. Funding for the space occupied by people related to the convention center is paid from convention center funds. "SUPPORTIVE QOGU fVl MTS'�FOLLOW" on corn,CM .1 1 E r i (305) 579-6675 2 ri�i one bilmyhe tower • Miami, fly. 33131 M E M O R A N D U M Downto:m (DDA boundaries) Mar. '81 Mar. '80 Average leasing rate (per square foot) $12.52 $10.28 Occupancy 97.9% 9T" Annual Change Annual Change 5 �- + $ 2.24 + 21.8� Total net leasable area for 34 buildings surveyed this month is 4302,850 square feet of which 4,212,37E square feet are occupied. Downtown UndQ_r Construction Mar. '81 Average leasing rate (per square foot) $21.87 % of pru- l ca!,ed .pace 5 •3" Total net leasable area for the 2 buildings surveyed is 1,875,000 square feet of which 1,055,000 square feet are pre -leased or committed. .. Continued on Pane 2 "SUPPORTIVE DOCU fw, I' CATS FOLLOW" ne� Mara A'aur ' �' F we. ",11nan moron JJCODs am MG%CX Ge•414A Lews.Corr,p'rp♦ .e1 FVIM W r 1•q'rr HYA: JJe rt! r R F rurr,: a E,r..,t..e Doec!or 71 Car.:et K G•+, W.r:.d•n to O:'.er, �r�ry :,.rrrtnuba:a�r, of • 'r I -' •! i :'_,� .,:may : c •� ! i � .., .' •C�l C . i /'•rc,-- .- —. �•` 1✓ �� � Z.? ;i l�rs� �� �y'I�!� it !v i:i.� !I arc; <t)� t`.i�• f� ,j:Fi ._ . I tt ,. _ ,�/�.,�T �r.rrz•• -- -- - - � •/ ! � � � f 4O•/0" � /G� v0 �� IiCU p !j __ Jr /=. Cyr}-7 /I JJ i'� (; /..^`n �� ..•.-.n -=. L/. ra �•, oil '�jCUMEfilTS wil it i v�cJ�l✓G I .� r,:r,�,L ��;�,;., f�i - .F - PAC Al i 7�7r� �.. �.��� -I " �PPQPTIVE DQCUPOEDITS F�OL.L.U��„ LESSOR tHiS AGREEMENT, made and entered into this the loth day of April by and between 6 & R Management, Inc., Aaent for the owners (hereinafter called Lessor), and City of Miami, Florida LESSEE (hereinafter called Lessee), PREMISES 1. Lessor has leased, demised and rented, and by these presents does lease, demise and rent to Lessee the atea located oil the 12 t h f .)(,r, designated as tntire Floor TERM identified by a sketch attached hereto; and marked Exhibit "A", in premises located in the building known as Republic National AN'D USE Bank Build ing at 150 S.E. 2nd Ave. Miami, County of Dade, State of Florwa, fora term of 1 year to commence on the 1 S t day of June 1981 and end on the 31 s t day 1), May , 19 8 2, unless sooner terminated as herein provided, the leased premises to be continuously used and occup ec during the full term of this lease and for no other purpose(s) than Municipal Government -related activities; without written consent of Lessor first had and obtained SECURITY 2. Lessee, concurrently with the execution of this lease, has deposited with Lessor the sum of $ None , the rece!pt o! which is hereby acknowledged by Lessor, which sum shall be retained by Lessor as security for the payment by Lessee of the rents herein agreed to be paid by Lessee, and !or the faithful performance by Lessee of the terms and covenants of this lease. In the event of any default by Lessee, Lessor, at I,, option, may at any tune apply said sum, or any part thereof, toward the payment of any rentals in default and toward any and all other sums payab e by Lessee under this lease which are in default, or for any other sum which Landlord may spend or may be required to spend by reasonof Lessee's defau't • and toward the performance of each and every of Lessee's convenants under this lease which are in default, but such covenants and Lessee's I& ,', i, under this lease shall thereby be dscharged only pro tar,to, that Lessee sna.l remain hab:e forany amounts that such sum shall bemsufhc •rt to na- , I ha: Lessor may exhaust any orat! nghtsand remedies aga;.n.stLesseebe`oreresortingtosaid sum but nothing herein contained sha':require. or oedeemed to require, Lessor so to du, that, in the event this deposit shad not be utilized forany suchpurposes, then suchdeposit shal:be returned by Lessor toLes5ee within fifteen 115) days next after theexpiration of the termcifthis lease. Lessor shali not be required to pay Lessee any interest onsaid secutitydepos!t Ir. the event of asaie or transfer of the land and butidtngorleasingorsubleasingof the building,olwhich thedemisedpremises form apart, Lessor sha'i have the right to transfer the security to such Vendee or Lessee and Lessor steali thereupon be released by Lessee from all habi:ity tot the retirn of suc`. security; and Lessee agrees to look to the new Lessor soleiy for the rer,:rn of said security; and it is agreed that the provisions hereof shag: apply to ev er, tray..1fer or assignment made of the security to a new Lessor. BASE RENT 3. Lessee shall pay to Lessor as base rent for the demised premises for the full term of this lease the sum of One hundred tttielVe 100 Thousand three hundred fift}�ol;a��'1e 00/ 112,359.00 ) (hereinafter called base rent) payable in equal month!y installments of Nine thousand three hundred & sixty-three 25/1066llars(0,363.25 ) in advance, without demand, on the first day of each and every calendar month during the term without deductionof setoff s.lf the termof thislease bha" begindunng a caienoar month, then in order that the base rent may beplaeedonacalendarmonth basis, the Tent orsuchportionof the pa rrcu!at month at the beg!nningof the term shall beapporr.onedand pardon the bases ofamonthof thirtydays. Thebaserent shall bepaidtoLessonnlegallender of the United States of America without any demand therefor at the office of Lessor in Miami, Florida, or at such other place as Lessor may from time to tint,• designate by notice in w•nt ing. The annual base rent shall be subject to ,ncrease in accordance with provisions of Article 4 hereof. The lessee shall pay any and as apprcable sales and, or use taxes on the base refit and any increases thereto or any other taxes or charges imposed upon or resulting trum ally such rent except any income taxes imposed against Lessor. INCREASE 4. THE BASF RENT PAYABLE UNDER THiS LEASE SHALL BE INCREASED AS FOLLOWS: OF (a) Real Estate Taxes and Ground Rent. BASE RENT U) The base rent shall be mcreased!or each calendar year (hereinafter referred to as the comparison year or years) following the last fu!! calendar year (hereinafter referred to as base year) prior to the calendar year during which the term of this lease commences (hereinaf ter referred tons first year) by Lessee's prorata snare of any increase for the comparison year over the base year in the amount of real estate taxes and ground lease payments incurrea or accrue.0 by Lessor as relates to the land and building on which the demised premises is a part. Lessee's prorata share of any increase shall be equal to L of the total increase in taxes and ground lease payments. (n) During the first and last year of this lease Lessee shall only pay such increase for the fraction of the portion of the year during which the Lessee occupies the premises Any increase that cannot be determined upon termination of he lease term shall be estimated by the Lessor based upon the previous year's Increase. NO The Lessee's increase for taxes and ground lease payments shall be rendered to the Lessee as soon after December 31st of each year as reasonably possible and shall be deemed additional rent and shall be due and payable in full within 20 days after a statement therefore has been r rendered to the Lessee. (b) Cost of Living. t 01 The base rent for eachyear of the term of this lease shall be increased bya percentage equal to the percentage increase of the Consumer �77P Price Index —US average (hereinafter referred to at, "CPI")issued by the Untted States Department of Labor oneachannwerbarydate of Ih•s!ease over the amount of the Cl'I on the commencement date of this lease. All such percentage increases shall be paid equal:y over the tweive months of the lean j-lyearand such increase will becomputed and paid lot each lease year w•iththe firstsuch payments tocommence onthe first anniversary dale olthis lease. r` �J (it) In the event that the CP1 as now published is not available at anytime during the term of this lease or has been altered or modified then ---J the parties shall use buc h other index as mav be substil uted for the C PI by the United States Depai Intent of Libor to measure qeneral ni: teaties :it wices ... J inflation Any such substituted index shall be applied by the parties hereto as interpu!ated, so as not to reduce lrie additional rent merely by v•riueol the change in the indexuse orthe formula byw•hichthe index isdetermined It is the intent of the parties that this provision shall ata!ltimes cause thebase rent 0 10 be increased annually in proportion to any decrease in the purchasing lx)wer of the United States Dollar and any Inc tease in the cost tit ltvmg between �thecommencementdatehet col and the fit stday ollease year. Not huigcon tainedherein shall cause the rent and, oradddiunaltent paid inanyyear tuho % less than the rent and, or additional rent paid in any prior year. (tit) The CPI increase to the base rent shall accrue commencingwth each anniversary date of this lease and the first such payment thereof shall be on the first day of the month following notice by the Lessor to the Lessee of the amount of such Increase. The first such additional rent payment each year shall include the additional rent payments for that year which accrued but have not yet been paid. SERVICES 5. LESSOR AGREES AS FOLLOWS: TO BE NI S (A) For the aforesaid consideration, to furnish Lessee, while occupying the premises; water, cold and refrigerated, at those points of supply BY LEY LESSOORR provided for general use (it its Lessees; refrigerated air conditioning, during normal business hours, and atsuch temperatures and in such amount b I. it,: considered by Lessor to be standard, such service on Saturdays, Sundays and Holidays to be optional on the part of the Lessor. Elevator service w !. be availaule at ati times during which the budding shall be open Janitor service and electric lighting service will be furnished by the Lessor, and at the cost r,I Lessor, to the rented premises and for all public and special service areas in the manner and to the extent deemed by Lessor to be standard. E,ectric current in addition to that required for lighting shad be provided to the rented premises for normal and customary office usage which shall include un�y office machines and equipment that operate on standard building circwts, but which in no event shall overload the electrical circuits from which the Lessee ootatns current. No electric current shall be used except that furnished or approved by the Lessor, nor shall e:ectnc wire or service be oroughi L,•r r �r into the premises except upon the written content and approval of the Lessor Any consumption of electric current in excess of that considered uy "i Lessor to be ususal, normal and customary for all iessees,ur whichtequires special circuitsor equipment, bh4bepaodfor bS- the Lesseeisjoil,i,on,ii. I , [it in an amount to be determied by Lebsor's estimated cost of such abnormal current consumption based on the applicable prevailing rate c ass.; :at:,m I � p`b:,sheuu thelo.ale:ecincPwercumPaiiy F&Iute by Letsortoan•, extent toturnibh,orany stoPPa3�of, these� t ; t !.,r L!J11i,. s :o .!r.rr tsrbc:ri of pry; n r br L11-14.:r Lessee, nor work an abatement of nor relieve Lessee from fulfillment of any covenant or agreement hereof Should any equ'prrienr at,, ich net break down or for any cause cease to function property, Lessor shay! use reasonab'e d.lgence to rrpa:r f•:e sdrne prompt-V bur Lessee slid -ave r,u c'a : for rebate of rent or damages on account of any Interruptions in servtce ni-castuned thereby or retiu',nny thetetrom. PEACEFUL (B) Lessee shall and may peaceably have, hold and enioy the demised premises sub)ect to the other terms hereof and provided Lessee pays i F.e ENJOYMLNT rentals herein recited and performs all of his covenants and agreements herein contained (6) LESSEE AGREES AS FOLLOWS: PAYMENTS (A) To pay all rents and sums provided to be paid to Lessor hereunder at the times and in the manner herein provided and in the event Lessee fails to pay any sum required to be paid hereunder within. 15 .lays of the due date there shal! bo added to such payment a "tare charge -in an equal to ten (10 t,) percent of the amount due. Additional "idle charges" shall accrue every thirty (30) days there•ailer until the d-ount due p un accumulated late charges has been paid in full. REPAIRS (B) Lessee will, at Lessee's own cost and expense, repair or replace any damage or Injury done to the building, or any part thereof, caused h, AND Lessee or Lessee's agents, employees, mvitees, or visitors. If Lessee faits to make s'.u_h repairs ur rew,ic ernenis wotnw'y, c,r w L •I ! !cen RL-LNTRY occurrence, Lessor may, at its option, make such repairs or replacement -,,and Lessee shalt fepaythe c,rstthereof toLe;suror, r,ennrnt �cssees,.: place a load upon any floor of the demised premises exceeding the fluor load per situate fir+,! area %wl , h such Nrwjr w,ss c,•, •p ed to t.drr,;:r.c allowed by law. Lessor reserves the right to prescribe the weight and position of all sah•s wiui h it ay )x' {,;a' ed ;o as to C s•t:',U!e tt;e'A id 'y'it. it.," machines and mechanical equipment shall be placed and maintained by Lessee at Lessee's expense it se!!,r,ys suf!,cten, n Le55•.r's;ud;�•e•i! to,1 �,,r and prevent vibration, noise and annoyance. Lessee will not commit or &luw any wdsfe or dameyc tit';e c•,ri.rr'.!!ed on a•>y part ','1 o' t•'e is-, premises, and shall, at the termination of this lease, by lapse of time or otherwise, de!t',er rip s,t'f f,n•rn as !•, l_e;sur'n as'?leer=cure possess!onof Lessee, ordmary wear and tear and damage by fire or windst'nrnalotlevi,( e{,te.d, silt,: ,p'.t,stir_'.!errr.rid! •rlu+ +.ae! es5rs right to reenter and resume possession of the demised premises. \SSIGNMENT (C) Lessee will not assign orincumberthis lease ordoor cause tulie donednyttimyr),atn.dy•dvse,pemiff,rres•,--era:S+irrr,crr,r,r: iH the same to be assigned by operation of law or otherwise, orsublet the dernisedtinrn„es,t,r,:r,yl,arlfrt•ri•+.!,+ ;e•,r{,e„' r^,e;ur,- _,e__,._ _ BLETTING other purpose than stated in the use clause hereof, unthout written {ierrmssuni nl Lin, -,or htsi .a'. ,i• •)'.','a r•i:d I_TFRATIONS (D) Lessee will not make or allow to be made any alterations or physical add.tions !h •t, tu,he 6!ri sed {:re!• sets vr'hou! wr ^en cocsen! c! U1110'`S OR Lessor first had and obtained. Any and a!l such alterations, physical add .ttons or impruvernet,'s v., w- I ,. a ! . .I Ce• :e 1 ;: e^ se5 :, r Le , 'i'nOVEMENTS beat the Lessee's cost and expense Aryand allsuch a;terations, physical adda:on;onmpru'.'::rer!,v.r.w.r e•:ee:e sec;, e^ :es:,' e' e;,• shall be at the Lessee's cost and expense. Any and all such alterations, phy'sica: additions or irr,;,r,,•,t•r! w It, .4.1.i: •• a :e t Cerr :e : Lessee shall be at the Lessee's cos; and expense. Any and all such alteratior;s,physcalad+,.!,ur,sor, r;,r•;,c•rI-, :e,et;, ir• ,..,e',. _ c:. '. of the Lessee sha!! at once become the (iron rt,� of the Lessor and sha!i be surrendered to il.t• 1. • ;,.r e +er•• _ :'�fi.L.h:l�:t..'+,i'RC.I.'1J'�..';..Zia.tak�iJ'.r'd)'++:t'd}.ireIliii�'C(LU1i�c,11:C►i:)'�1{:L,Jt•'1.L'lf('.171t1ii'1!'i.iti''.f1'.!,�},/.� t''!' :+;•:�,•i.r' �..:i�•- ., \(t1, ��;i,'j�,S.;;rlj,:•1tL'!'�itli�tll3:1^Y!1Lif,��•.t(,Y,u'�f.5��,1;V.•S..... tA°r1i„t.!tt;A:1!lr1M•!R`a".h,'.K",�tp•V,:•`.',i:-:•,,..fit•. -J.Sr; ,j:y�tr.,,,... .Vi4(�.Yi•h:'.ti�{'ey4'.�Si�4 ii„u {P(:1,l",.{'�'i:�('.`1(�ii'?�L.:{cl�i R', i;;tf�!:' 4 i'.;�t �'. }'.'Yell 1 )1' .1` . ! •.. :�. ' 1' .. ...... .. . ... . ..... . C .\L USE AND (E) Lessee will not occupy or use, or permit any portion of the dema,:d premises tobecx_cup:eCcr r-ec'_' ,r a ', :_- vise: c r r _r;,ose w~ c s. ;t-AlIONSOF violat;onotthe cemficatewoccupancyissuedfor the cu;'r'ing,oroltern;seun'owf,.: in part or •ri,viU ec_rueerre: �L'HANCE extra hazardous, or perm,.t anything to be dcne which wii: in any way increase the rate of insurance rin 5d.d ',:crclLr :Sc:r.'e• 5,; ee.er; HAGE that, by reason of acts of Lessee, there shad be any increase in rate of the trisurance on the buiid'rgor,:side.ter;:s credlec ::, Lessee sacs r,r cor, d..:I c business, then Lessee rere5y agrees to pay such Increase. ' AND (F) Lessee w!'I keep and maintain the demised premises in a c!ean and heal:hful cordition and comply with ail laws. ordinances, orders, ru'cs :. L1 A% l0NS and regulancns (State, Feder a;, !Municipal and ct'..er a .enc,es or',od:e<_ Paving any )ur,sdincin *. iereof, mc'u::1 ng r.; es, orders ace re, I a•.ors c, re Southeastern Underwriters Assoc!anon for :he prevention of fires), with reference to use, ccnd,t,ons or occ,:paccy of this cernise-, pre", ses. (G) Lessee w•'i indemnify and mve harmless Lessor of and frcrr any and all liens, suits, c!--:ms, demands, and act.ons of any nand by reason of vi E3� L'y�; any breach, olation, or non•oer:ormance of any condition hereof on the part of Lessee, its agents or employees. Lessee is, or w; f becomoam..tar w•t ii the .eased prerr. ses, acknowiedges that the same are received by Lessee !n good state of repair, accepted Iuy Lessee in the cord ;:on .n which they arc now or stall be when ready for occup arc,. Lessor sha:i not be i;ab!e to Lessee or Lessee's agents, employees, invitees or vis'tors for any carnage to persons or property die to condition, cesgn, or defect in the bt:i!ding er ,is mechanical systems or e!5ewhere in thedemised prer!sesor bu.'.a r.g .,•t cn m y now exist or nereaner Occur, :nc!,:d.ng acts of neg;.;ence of co -tenants or others. Lessee assumes a'.! risks of damage to persuns or Prep er:y. ALES OF ft Lessee and Lessee's agents, employees, invitees and vsitors will comply fully with all requ:rements of rules of the but'd ng which are ILDING attached hereto, and rr.ade a par, hereof as though f,.',y set out herein. Lessor shall at ail times `save the tight to change such ruses arc reg'at.ons or to arnend them in any reascndnie manner as may be deemed adwsab!e by Lessor for the sc!e:y, care and cieankriess of the demised prem•ses arn: for preservationofroc;,cratertherein,aaotwh coil angesand amendmentsw::;besent byLessertoLesseeinwntmgandsha5bethereaLcrcarr:eco :!ant! observed oy Lessee. Nothing in tlt:s Lease conttrued s^aa be construed to Impose upon Lessor, any duty or ob'!gatiun to enforce :.nee ru es are: regulations or teirr.s, cori>.. scam or cord•tions in any other lease, as against any otner Lessee, and Lessor s!ia:! not be —Ib:e to Lessee fur v!o at on of ine same by any other Lessee, its servants, employees, agents, visitors or !icensees. -TRY FOR (1) Lessee will permit Lessor or:ts officers, agent s or representatives the right to enter into an upon anVand a): parts of the derni Sed premises, at SIRS AND anytime to inspect same orclear. or make repairs or ai terations or additions as Lessor may deem necessary or desirab:e, and Lessee toij ! no, cle ii ticc -PECTION !o any abatement or reduction o! rent by reason thereof. (J) Lessee will conduct h'sbusiness, arid control his agents, employees, invitees and visitors insuchamanner asnot tocreateany nu:sance,or interfere with, annoy, or d sturb any uther Lessee or Lessor in its mariagment of the building. FAULT '(A)• if Lessee defaults in fuifX:ivg any of the covenants of this lease other than the covenants for the payment of rent or adddiona! rent, or if the •dem;se:ds become vacant or deser:c.., or it the demised premises are damaged by reason of neq. Bence or carelessness of Lessee, it s agents. employees f or then, inan,,, one or move of such events, upon Leb:iarberving a wt-tten 15clays notice upon Lessee specifying ilie natuteo!saddefautanu upon the expiration ofsaIJJ5days,ifLesseesnallhaiefailed tocomp!ywithorremedy sucnde!au't,oritthe sa:ddeiau!toromiss.uncornp'auied atsna. be of such a nature that the same cannot be comp.etc;y cured or remed.ed within said ? 5 day penod, and ii Lessee sha i not have sent y t tort.rnencedcunrgsuch defaultw•ithmsuch 5 day period, and shaanot therea!terwithredscinab.ed.!igenceandingoodfaith proc.eatoren•.rc:,or cure such default, the Lessor rr.ay serve a written 30 days notice of cance!!auon ofthis lease upon Lessee, and upon the exp•rat.onof sa.c ? '? C_`... days, this lease and the term thereunder shall end and expire asfullyandcomp!eteiyasifthe date ofexp'rat,onofsuch 30 day ;irroce,ere !ncday herein definitely fixed for the end and expiration of this lease and the term thereof and Lessee sha.! then quit and surrender the dem i:sed prem.ses to rw� Lessor but Lessee shall remain ,.able as hereinafter prou•,ded. �M r•" t (B) It the notice pro,. scled for in (A) above shall have been given, and the term shall expire as aforesaid; or I if it Lessee shal! default in the payment L i ,. - �(eftherentreseredandlorcovendntedtobepaidhcreineranyitemoladda:ona!renthereinmentionedoranypartolcitheronnmai.nganyot!icroricr t - - - payment herein provided or it this lease it. Recorded by lessee in the public records or rl'l it anyexecutionor attachment sha:: be ssueC a i.:rb! Lesseeur 6 •. any of Lessee's (_ property whereupon the demised premises shall be taken or occupied or attempted to be taken or occupied by soineore otiier th,,n J Y Lessee, or(w)ifLessee s)iaildclaui; with respect toanyotner!easebetwrenLrsenrandLessee, urt;s)aLesseesha:!lay!turno,erttJoflaner�»ass;onut ----J ; J Lam;. the premises within fifteen (IS) days after commencement of the term of eus!ease, of whtc•h tact Lessor sna!! bethe so'e,ucge• Olen a••d r, any o' suc!i (f� event Lessor may without notice, reenter the demised premises either by force or otherwise, and dispJsses Lessee l-v sumn•aty taocrrd Rs of otherwise, and the legal representative of Lessee or other occupant of the demised prenusas and rernuve their effects and tio',J4 the prom ses a; .! t-i's lease had not been mace, and Lessee hereby waives the service of the notice of Intention to re-enter or the right to or5t.iute 'e,ial pru,cccc rgs to tri.tt end. If Lessee shall default hereunder prior to the date fixed as the commencement of any rencu.al or extension of this !case, Lcs:,or ntay C.It-CO and terminate such renewal or extension agreement by written notice. Lii shall not be tesponsib'e for any fuss or danwge to an; oI the Lessee's c0ect, upon the removal of such enects from the demised premises by the lasur persuant to the terms of th:s !ease. %IEDIES B(A)• In caw of any such default, re-entry, expiration andrordtspossessbysummaryprocet.'dmgsorotherwlse,(I)therentshallImmediatelybecome due thereupon for the full remaining term of this Lease together with such expenses as lessor oiay:r,curr,tot lega!extwnse•s,al for nelilees,bio,eta,*w, ySOR and or putting the dernisedprernuesingood order, orfur prepainngthe same(or re-tentaland, or; (u)Lessor mayre'!etthe premtsesoranypat tot par14 thereof, either in the name ofLiiorOfherwise, for aterm,wh:chmayatLeaur'sopt Ion beless ihanore xceedttit! Wticvj vn1chwould atner,v•se'iave constituted the ba!anceofthe term ofthis lease and may grant cuncessionsorfree tent and, tit iLess.rue[he!eg.ilrepnscr.tau es orLcsscea^,i aeo pay Lessor &s liquidated damages tar the failure of Lessee to obs-evveand per form s-aid Lessee's C01iV11allt s here,n conidmej viy k!L !'cc tic I, aecntne rent hereby reserved and or covenanted to be padi and the net amount, of the tents co�!ected un account of the :ease of leases of thee:em sed or end scs for each month of the per iud which would otherw•;se have: constituted the balance of icier term of this lease. (B). The failure or refusal of Lessor to re let the premises or any part or parts thereof shall not release or affect Lessee's itab;'ty for damages. in computing such liquidated damages there shall be ad,fed to the said deficnene y wch expenses as ,essor may incur,n conr.e; .on w;t:i re;ett rig, such a5 legal, expenses, attomey's fees, brokerage and for keeping the demised pteintb" III good order or for preparing the same for re citing Any 51ch liquidated damages shall be paid in monthly Installments by Lessee on the rent ,:ay sjie,:&cJ in this !ease acid anysua brougnt to co.'ect trie amount of { , the deticinecy fur any month shall not prc)udice in arty way the rights of Lessor to co !ect the derticnency for any su`equent rnunt'i U., a s n.tar - - proceeding. Lessor at Lessor option may make such alterations repairs, replacements and, or decorations in rite dem sed preen yes, as Leas:.r n Lessor's sole judgment considers advisable and necessary fur the purpose of tc!etiing the dem sed premises; and me n'.aK.ng of —c- .0erai ors aid; or decoration shal! not operate or be construed to rc!ease Lessee trom !iabi!. ty hereunder as atoresaid. Lessor seal; in no e,•ert to I,) e it at,, way I ( whatsoever for failure to re -let the demtsed premises, o in the event that the demised premises are re let for to 'ure to co .ect Ine rn•ri !,•exec,' _r: er such redetting. In the event of a breach or threatened breach by Lessee of any of the covenants or provisions nereot, Lcssur sna. 'a.e t•.e w Injunction and the night to invoke any remedy allowed it law or in equity is If re song, summary proceedings atria utder rcn,cC.rs Kcre nut r r•c n provided for. Mention In this lease of any particular teniedy, snail not, preclude Lessor from any otner remedy, in .aw )r ,n ea,.ity ' cnscc rrrrn; expressly waives any and all rights to redemption granted by or under any `,resent or future laws in the event of Lessee oe.ng Cvt:IcCJ or i. ,pussy ssr for any cause, or in the event of Lessor obtaining possession of the demise prernues, by reason of the violation by Lessee of any ul tree cu.cr,.ir;, -if eu cond,nons lease, or otherwise. i (C) Anything herein to the contrary notwithstanding, the premises herein mentioned are demised for the whole term with the whole arrou n, r'� the teht herein reserved due and payable at the time of the making of this lease, and the payment of rent in msta!'ments as above provided ,s Or convenience of the Lessee only, and in default of any installment of rent, or additional rent or any other de'au!t di provided above then the w ho'c o - rent reserved for the whole of the period then remaining unpaid, shall, at the Lessor's option, at once become due and payable wit`tout any mot e. demand. :ONDEMNATiON 9. LESSOR AND LESSEE MUTUALLY AGREE AS FOLLOWS: (A) In the event the whole or any part of the building other than apart not interfeering with the maintenance or operation thereof shdilbe rt or condemned for any public or ouasi-vublic use or ouroose, the Lessor may m its option terminate th,s'ease from the time t't e cior n(I`',t to voisr, shall vest in or be taken for such public or quasi public use or purp,)se, do i the Lessor shalt be ent,t'ed to any and of r•conw, rent. , • interest therein whatsoever which may be paid or made in connection therewith wi:h the Lessee having nu clean against the Les5ur !ur I' e .,l _e unexpired term of this Lease. OSS OR (B) Lessor shall not be liable or responsible for any loss or damage to any property or person occasioned bytheft, fire, water, act ofGod. r..`' i .%%I AGE enemy, injunction, not, stoke, Insurrection, war, court order, requts,tion or order of govvtrimenml body c,r author !y, or any other matter `'e, conttol of Lessor, or for any damage or inconceninence which may arise thro::gh tepa,r or d'terdt',On of any pdtt of the ! u..d.ng, its eq.: 9'1 C! . mechanical systems, or failure to make any such repairs or from any cause whatever un.ess caused so:e.y by Lessor's gross ne9',yence ,....... .. ties r ,...r. ... ... y,..1+. ...t... ; �. ..� .................. }{:{X;{; :{t3�rdirttiirjvtxtdsbi► 3i'Nrl �{(ii��bai �a�wn +l�i9c`3 tt'Iw�teL'exsre�133z6i!ch�yt„ec�y.�}� tiwyw ritdE:r��ebr artyir,;r,',•:', ,'. TN FOR ! tiT •)vs�,+vm�r� r.hvrv+(terU n t'rmvrn tltrr;:rrnnui r.r+n�sst�xce trcnV Vt• I.AW rn <ce {me a'+L� ►n' !vv�,r 1 .'xt, A 1 1.3 ) + +I �l r •ru , + r .�. 11',. ,'{�.1'\ S. '�3' ,nit, 14.�'. 1A > ++ 1f � � !! )t t t ,t tit, \ � t�}p t � u� �,H r ', t�ti': .�`, � +t '�'.}�i' 1 �� 'J ' 1� rt.lF4.�!>t L.y'y'lli�•,11'i,'}i':i:L':�ii�l/i Jir: .,+::�,r,t� .�'i1'.:tt'i1'y r'Irt•1 t ... .tetu�tld.tif:Atr...t.:l..Lt{.:,F�k4'ttuLrll'.i�,t..'tA�.t.:'ut�fvLUr,`.:t.:t.Y.lh:h:'r:lu'lu`.Etutllt+..r'{.ts_.r4Ywtuh>.'uilltr.•,`:..)rt.vl::\.t. :f�ift.6,V iK►�I:4ui3Vttip:)r{)iJiYt2Clti4.4:(XXXXX:...XXXXXXXXX:i::XXXX:+:{XX t.:.••:.......,XX, t.,................ 'OLDING (D) In case of holding over by Lessee after expiration or termination of this !ease, Lessee will pay as i:quida!ed damages doii-'e re' -! entire holdover period N-ihold:n, over byLessee after Ilie term ofthrilease, eIEerv.ithorwit houIcon5entandacgIcscenceofLessor, s1,1 doe•i:,• extend the:ease!era.)nyerF>eruxi thane^emunth,ardanyho%dmge�erw�at`tecorsen:o!Ltasor nwrt.r.gs`nailt``erea'!arconst.;utet•i.s'a.+��•.+ •... form month to month. ' RE (E) Lessee shall, in case of fire, give immediate notice thereof to Lessor. In the event of damage by fire or other causes resulting from fau'! or _ 1 _\USE negligence of Lessee cr Lessee's agents, employees, m:,:ees or :^s:tors, the same she' be repaired by and at the expense of Lessee tin\!e r-,e !e_: ,:•• and supervision of Lessor. If the demised prem:scs, w :bout fau!t or ncglect of Lessee, h s agents, cirpioyees, Inv;tees or v ,•tor5, 5 1 C, '_e destroyed by fire or o"ter casualty, same wiJ be repaired `); Lebsur wit!: a ire d.':ger•ce but w.:' r.o abatrn:ent o! rent. .•. c,ae a' !!'e tots '•:e�err,sed rem;seb�'.:�outfawtcrr•,e,•ecto:�essae,r,isd �n;s,er: ees, r.cr.ee5 yr tors,on.fr�rr sucrcause slimes be5uca•na:,.:i .. Lessor sha., cec:de not to rebu!;d, then a!i rcnta, due up to the time of such acs:rust:or or terryunat,cn shall oe paid by Lessee, and: lencef,ir`,: sha.,cease and ccrretoe-ne^d Nopene,tyshai,accrieaga.nstthe Leb5orfir reasonable ce!avinr•erevarofthe prermseswhchrnayar,totiv•.,:,e ,. ad, .,simentofinsurance onIhepart eftheLc5sorand, orLessee, and for reasonauiede!ayondccountofdnyutt'.ercause neyond-le Lessur4reas_,• %il - contru:. T'TORNEYS' (F) In case Lessee defaults in the performance of any of the terms, covenants, agreements or conditions contained in this !ease and Lessc, _ !_ES places the enforcement of tm5 !case, or an; part thereof, or the collection o! any rent due, or to become due hereunder, or recover,; of the tw5sess u ,)' tr+e cen-.aed :.remises in the napes of ar. attorney, or I. es suit upon the sdm,e, Lessee agrees to nay Lessor reasonab:e attorneys' tees and court inc,uc,ng appe!!ate costs & fees and payment of Inc same anal the iWeres::hereon shill, be deeme:. to be ada`,t:onai rent hereu•der an,: 5,,% . e pe _ Lessee to Lesscr w'•th.n t:ve 15) days of rendaicr. of ary b .: or s!atemer: to Lessee. tF•NDMlEN'T (G) This agreement may not be a!tered, changed or amended, except by an instrument in wr.tmg, signed by both parties hereto. LEASE (H) Lessor shall have the ri;ht !o transfer and ass:gn, in whc:e or in part, a" and every feature of its rights and obNigations hcre::nder and m the bu:!d rg and proNrty re!erred to herein Such transrers ;r ass:;r^.ec!: may be made either to a corporation, trust company, I )drv:lira. it gro-v c' %'%SFER :nd!-.idua s, lira ncwsoeser rn&oe, are .o `ire in a:: l,.;r 3 re• ,wc:ed ar'd recci�r. zed y Lessee. Lesscr shai! also have Inc n;ht et any i-re, v :'ia::! E:SSOR'S cer,st t .na an tc!,.a: or constr'.:c,.�e e.,c:,on ar,d w !,10-t .noun -g dry at..!y tc Lessee !here!or, to cnar,ne the arran .ement dn;:,' r oca! o!• u' entrances or pesa.eways doors or doorxdys, ana car doors, eie liters, stairs, to.!ets or other public parts of the bui:d:ng aria to cna n;e :-e r,! ne, _ number ,r des'ynal!cr, by wh ch t`.e comma:', , known. (1) Fa:lure of Lessor to declare any default immed.ateiy upon occurrence thereof or de!ay in taking any action:ntcrrection therew th sha"not RIVER waive such defau't, but Lessor shali.have the riSht to dec!are any such defaul, at ary time ari-d take such acr.m as rn;31be!aw•fu!oraxiorize.J'iereurder, either in law or in equity. (J) If, for any reason, the demmsed prem:bes shall not be ready for occupancy by Lessee at the time or commencement of th•s !ease, th•s'ease 55ESSION shall not beatfectedt'",erecy, nor sha,;Lesscc`,a.earyc!a.tnagains,Lessor t)yreasor.t.^,ereot,but r,orentb'•.allbepa;ab:etorthe pet ,i!c.:nngwrt.chInc premises shai.:,at be read, for occupancy; and a!; claims for damages aribmo out ut such de.ay are waived and re;edsed by Lessee. y ^ �,!fvc•�•t*`arY.nrtkrttt•.,•;..-r,,r.ti+ti ^.:.. * 1,�c+vsZe,r , r tti�►.;. . ., ...,, t. ! ' � '?C � . ,1' .,IR '1f" .r" •V pL +Ft�Nc1„'1t,tt' Y'?.. 1'. tell: �► t — 'tiKRUF'TCY tr t: et t .t .,.r ... .�. t...•.. t't t..:1 r s. . .i:l'. .. .I •1 'l t}! �;,r �.l'�. t•.L'•f• ;.�` t. `fir �' t +. i t. •1 �.r.>it,e5a•.:�:v.•.ar,.v:i:�rti:4•`{ .R• .• �.4•.e. :,;i.X...�•...�.rlf.,e::�i•k:�: �:.•.:,. ::.a.•,;,�ti.t;:S't .vl:::n:.+:ear.:\........,..+... Z r :n?4 '.i: r,r. 1. t .. \ : • 1 1 ..�+ 1 •. I . I t I ' • 1 • (`•i' y- I'Y, tie,.. , , }'.:'ti.�r.'i:1.�t.ii':ti }{' ..:...X`•{:'i:.:x::-{'.i•r .:;i�:•{ .:�.�rt?•:l.•:{:K,a::ti:i;t,(,tie•?�:•..t..?:�X•....::,�''(4tii,{•.riX ^ .0NOUNS (L) When th.s contract is executed by more than one person -t sha'! be construed as thouo_h Lessee were written "Lessees" and the words m ^ �./ .!) their number were changed to correspond; and pronouns of the masculine gender whenever used nere,n shai! ir,c!ude persons of the fema'e sex, and J :UEEt corporations, associations and any other form or bub,ress entity J (M) This'case is hereby made expressly subject and subordinate at all times to any and all mortgages, deeds of trust, ground or undet'l, i., O NA TIO'V NAt)E leases a'tecting the dem:sea premises "r-cn h.i.e been executed ana de'ivcred, or which may at any t me nerva!tcr be executed and Ie .•ern•: , a+..: any and a'l extenb:ons drd renew•a'b Inc -cot and hubs::tutions therefor, and to any and ali ad: _-noes made or to be made under or utx,n sn niort ,.I_;,;U. deeds of trust, ground or underiy,ng leases. Lessee agrees to execute any Instrument or instruments wh.ch the Lessor may Been! • e:eso,u, . r desirable to effect the subordination of tms !ease to any- or a!I such mortgages, deeds of trust, grour:d or under!y:ng!eascs and'., ,n Inc e.er! ! !e Le -'see shai refuse after reasonao!e notice to execute such instrument or Instruments, it sna!I be deemed a default under th:s Lease and Lessor rt exrr: ,. any rijnt or remedy available to Lessor hereunder in the event of default, and the estate hereby granted is expressly !,m fed accord !1; ; . ..IF OF THE (N) It is understood and agreed between the parties hereto that time it, of the essence of this contract, and this applies to a:! terms antiCh ,E_NCE conditions contained herein. Ch ' REPRE• 10. Lessor or Lessor's agents have made no representations or promises with respect to the said building, the land upon which is erected !i,e Z i AI TUNS demised prem:acs, except as herein expressly set lorth and no ngnts, edbemcnis or ::censes are acquired by Lesbee by imp!.caron or uinvrw .e < ^:. •,: "as LS�C)I{ as expressly set forth in the provisions of this Lcabe. Lesbee acceplb the prentibes _n an U" CunCrliafi attd ac:.inow'ed]eb Iha! the CL!M..r :sire,• ;..• and the bu,!d,ng are in ;oc.d and satisfactory cued lion. �.. s t UCATION .' "9T t+r; r�trau �trt Yr nrt!fY e^ti! t 1 t"tM +Pitt t1 1 ti r P i} 'ml ry ,!.Y, '• .,.,.::K ry4t . ^t 'tf 4f t ''4 i'1z4`444t3tH.� Fti :.:4t?Q�{:KI QE?S!t►;Sl:K'X?^�t'h!G`i?t'p{.{ ;:t .{•?{•?,. ?!..'t( '�"^l _i Ilk Ut',w fair'. Ji'Jxl'iL t't:1t i}'.Y^:.SJt V )TICE 12. Except as otherwise pro-.,ded in this Lease, any Nonce which Lebbor may desire or be required to give to Lessee, bha!I be deemed!, ,ff,cr ew O k X * * given or rendered, il, It w•tltur), delnered toZ..�;cr.j)erbiwna;;y or sent by crrnt'.ed m.1.;, ref m re:e:p red ues!eci _ u t 1 , a.:dtessed to Lesbee a!1\ �.:. � e\ •,.r( `{ ++tt•!r,``,1•\ } r .,..i .,. .. 3. .. r..., t \ 73 \ , t• •tr t f ,... .. �il�l�L.{'hi)1J,i Cii7.L't:A .V,i.I{JIiL1S'i'11i'l..)(tlT•.'1�'.:1:�:'::_.'. � r7l)tin.IVY /'J il4's:ti4iJt1'..,i,X"')l7{11��'iX"4i illL.C.UYi ,,u.L t'3 cdt6 J:,1 d, and the tune of the rena,t,on ui au,h Nance bf:a,: ue tr.e I tue when, tr:r 5ani,' i, Jf .0 ea to Lesbee, In.I ea, or :eft ..t • •,e ; as here,ri proi,dcd Any notice by Les5ce to LebbOr r.iubt be serves :)y cer!r''ea ma!, return rece'pt reyuestec:, a...`tessea ra Lessor at !n; a r:: •.. the bu.iding or at such other address as Lessor shall designate by written notice. LJ It iCf LLANEOUS 13. (A) Lessee warrants and represents that it dealt with no real estate broker in the negotiation of this Lease and Lessor in executing lh s Lease 1% :s reising upon such reprebentation. +'� ;L -- � (B) The captauons are inserted herein only as a matter of convenience and for reference and in noway define, lima or describe the scope of this Lease nor the intent ut any pru'.ulon thcreot. �-- l +� (C) The covenants, condu ,ons and agreements contained in this Lease shall bind and inure to the benefit of Ina Lessor and the Les see line ~� their respecl.ve tw-rs, dmtributecs, executors, administrators, successcrb and their fternulted assigns. _ f Xtie.{:.}tX:`{iAXi.';;iXwXI?if."atl"I'LYiLJJ'ArX'AKXJNrXNI]I1.t1ILX'XXl."IL }l'.{.11:}1u1.IV_Xc,XXIX .ul KXl X?{K... {1J:•a•,l'�,r{ .�•.•l -• ---_� ia.ri:r~ii:'i}L:iiG.ritlt.lHilt:C'ii+.11L+'.;..t,t::J1,.•..C.i�'l•:S:i�1:J::isn:ij�::Li:titlet1. :t1i,i1:fleet! y ..K�_is.:f...:{.aA.X.................. .,....I (E) Any payment due to the Lessor under the terms of this Lease shai! tic deemed to be rent and, or add tional rent. * R* City Manager 35uu 1'a!i ..:ii,_�..C.:11 Dri'.'L•, !'i--,III h'1c:._..,. LES AND 14. (A) Lessee will refer all contractors, contractors' representatives and installation technicians rendering any service for Lessee, to Lessor for (1L'LATIONS Lessor's supervision and/or approval before performance of any such contractual services. This shall apply to all work performed �n the bu!'d ng including, but not limited to, installation of telephones, telegraph equipment, electrical devices and attachments, and insta:iations of any ane eery nature effecting floors, walls, woodwork, trim, windows, ceilings, equipment or any other physical portion of the buiid!ng. None of th s worK be r )ne by Lessee without Lessor's written approval first had and obtained. (B) The work of the janitor or cleaning personnel shall not be hindered by Lessee after 5:30 P.M., and such work may be done at any t-me when the offices are vacant. The vmndows, doors, and fixtures may be cleaned at any time. Lessee shall provide adequate waste and r_^ s.) receptacle, cabinets, book cases, map cases, etc., necessary to prevent unreasonable hardship to Lessor in d,scharl its ob!:ya! or. regarc;!tt cleaning service. (C) Movement in or out of the building of furniture oroffice equipment, or dispatch or receipt by Lessee of any merchandise or maser ills which requires the use of elevators or stairways, or movement through the building entrances or lobby shall be resincted to the hours des;gn.vej Lessor from time to time. All such movements shall be as directed by Lessor and in a manner to be agreed upon between Lessee and Lessor y prearrangement before performance. Such prearrangement initiated by Lessee shall include determination by Lessor and subject to its c:0cs e^ .W,: control of the time, method, and routing of movement limitations imposed by safety or other concerns which may prohibit any article, eau "n l cr any other item from being brought into the budding. Lessee expressly assumes a!l risk of damage to any and all articles so moved, as we as •, .:r; any person or persons or the public engaged or not engaged in such movement, including equipment, property, and persorne! of Lessor -! ,:.'rage.. i.r injured as a result of any acts in connection with carrying out this service for Lessee from the time of entering protxrty to comp et:or. e! ! -le vur,, ,mr. Lessor shall not be liable for the act or acts of any person or persons so engaged in, or anydaniage or loss to any property of persons res- '. tie C roc- ; or indirectly from any act in connection with such service performed by or fur Lessee. (D) No sign or signs will be allowed in any form on the exterior of the bu!ding or any window or windows inside or outside of the bu *& rag and no sign or signs, except ;n uniform location and uniform style fixed by Lessor, w,'i be permitted in the puo'.c corridors or or, corrector doors or a ^,ranee to Lessee's space. Xi signs w;li be contracted for by Lessor for Lessee at the rate fixed by Lessor from time to r.me, and Lessee w, such service accordingly. Written consent from Lessor ;s an absolute prerequisite for any such sign or s-gns any Lessee may be xl pvrr, "r.: (E) Lessee shall not place, install or operate on the derrused premises or in any part of the building, any engine, stove, or machinery, or conduct mechanical operations or cook thereon or therein, or place or use in or about the demised prem:ws any explosives, gasoline, iervsoro. o , acids, caustics, or any other inflammable, explosive or hazardous material without the written consent of Lessor first had and ob:a,n,eu. (F) Lessor will not be responsible for any lost or stolen personal property, equipment, money, or jewelry from Lessee's area or public rooms regardless of whether such loss occurs when the area is locked against entry or not. (G) No birds, animals, bicycles or vehicles shall bt! brought into or kept in or about the building. (H) No additional locks shall be placed upon any doors of the premises and the Lessee shall not permit any duplicate keys to be made, but if more than tw•o ke;s !^. ^; der or !cc'k sha' bv: desired e addincr •! n umber must be cbtatr.ed from the Lessor and be paid for by the Lessee; each Lessee must, upon the termination of this!ease, leave the windows and doors in the demised premises in l.ke conditions as of the date of saia'ease. and must surrender ail keys to the office. Lessor may permit entrance to Lessee's offices by use of pass keys controlled by Lessor or employees, contractors, or service personnel, supervised or emp o;ed by Lessor. (1) None of the entries, passages, doors, elevetors, elevator doors, hallways, or stairways shall be blocked or obstructed, or any rubbish, litter, trash, or material of any nature placed, cmpt,ed or throwxn into these areas, nor shall such areas be used at any time except for access or egress by Lessee, Lesse's agents, empioyees, or +nv:lees. Not!l;ng sha:l be placed on the outside of the buiid,ng, or the windows, window si is or pru,ect-ons. (J) Lessor shall have the right to determine and prescribe the weight and proper position of any unusually heavy equipment including safes, large files, etc., that are to be placed in the bu::dirg and only those which in the op:n;on of Lessor might without reasona_ile probab;;ity do damage to the ':oors, structure and/or elevators may be moved into said bui cling. Any damage occass;oned in connection with the moving or ;nsta!,ing of such aforementioned articles ;n said budding or the existence of same in said budding shai be paid for by Lessee. (K) No portion of Lessee's area or any other part of the building shall at any time be used or occupied as sleeping or lodging quarters. (L) Without prior written consent of the Lessor no Lessee shall sell or permit the sale, at retail, of newspapers, magazines, periodicals or theatre tickets, 'n or from its premises, nor shall any Lessee carry on or permit or allow any employee or other person to carry on the bua.ness of stenography, :ycRw'r ,ins or any s;mdar business in or from -is premises for the service or accommodation of the occupantso I any uther port un ui sad budding, or the business of a public barber shop or a manicuring or chiropoc:st business, or any retail sales business, or any cosiness other t.'lan that specifically provided for in the Lessee's lease. (M) The sash -doors, windows, glass doors and any lights or skylights that reflect or admit liqht into the halls or other places of said but:ding, shall not be coffered or obstructed, nor shall anything be placed upon or hung from the window sills. The water and wash closets and urmaa anal, not be used for any other purpose than the purposes for which they were respectively constructed, and the expense of any breaKage, stoppage or damage resulting from a violation of this rule shall be borne by the Lessee whose clerks, agents, servants or licensees sha:: have caused it. No Lessee Shall mark, paint, drill into or in any way deface the wails, ceilings, partitions, Coors,wood, stone or iron work, or make or perm.( any;mproper ncisea in the budding. (N) Only persons authorized by the Lessor will be permitted to furnish Ice, dunking water, towel and other similar services to Lessee, and only at hours and under regulations fixed by the Lessor. No Lessee shai; employ any person or persons, other than the janitor o! the Lessor or ine purpose of cleaning, or taking charge of sa!d premises, it being understood and agreed that the Lessor shall be in no way responsible to any Lessee !or any damage done to the furniture or other effects of any Lessee by the janitor or any of his employees, or any other person, or for loss v; pronerry of any kind whatever from leased premises, however occurring Lesssee wt!I see each day that the windows are closed and the door seem e.y !ott%eo before leaving the budding. (0) No window shades will be placed on any of the windows excepting the shades approved by the Lessor. No awnings will be, allowed on any of the windows. (P) The Lessor shall have the nght to prohibit any advertising by any Lessee which, in its opinion, tends to impair the reputation of the budding or its desirability as a building for offices or for financial, insurance and other imututions and business of like nature; and upon writen notice from the Lessor, Lessee shall refrain from or discontinue such advertising. (Q) Access may be had by the Lessee to the halls, corridors, elevators and stairways in the building and to the offices leased by them during the hours provided form flits Lase During other than the hours herein set forth, access to the bw'd.ng may be refused. Tie Lessor via ' it,. no cabe be !table in damages for the adrnuston or exclusion of any jlet sun tram said oullding. In case of uxas,on, nluo nut, pus is exr Cement or utrer cominJl )I%. the Lessor reserves the right to prevent access to the building during the continuance of the same by closing the doors or oihenvrsc for I'12 safety of the tenants and protectiun of protxrty in said bui:duig L Lessor desires to maintain high standards of environment, comfort and convenience for its lessees. It will be appreciated if any undesirable conditions or lack or courtesy of attention by Its enlpinyees rs reported dnecCy to Lessor. r (R) Lessor shall have the right to prohibit any advertising by any Lessee which in Landlord's opinion tends to impair the reputation of the budding or its desirability as a budding for offices, and upon written nonce from Lessor. Lessee shall retrain from or d;scontim-e such aeveit s ng. "SUPPORTIVE D0CL1PiA 7"T� (S) The tequirements of Lessee will be attended to only upon application at the office of the bu:1drng Employees shall not perfoPM any work or do anything outside of the regular duties, unless under special instrucvons from tie uf!ice of the Lessor, (T) Canvassing, soliciting and pedding in the building is prohibited and each Lessee sha!1 cooperate to prevent same. (U) There shall not be used in any space or in the public halls of any building, either by any Lessee or by jobbers or others, in the der,veryor receipt of merchandise, any hand trucks, except those equipped with rubber ;Tres and side guaras. } (V) The rules and regulations set forth herein apply only to this Lessee and the inclusion of ru!es and regulations or any other terms arse conditions in any lease with any other Lessee shall be at the sole discretion of the Lessor and the enforcement of any such ru es and regu atiors o, ,-, other terms and conditions conidlned herein shall be at the sole discretion of the Lessor. (N) Lessor shall invoice the City for the monthly installments two weeks in advance and the Lessee shall process such invoice with the Finance Department for the payment within two weeks of receipt. (X) It is recognized by both parties that minor alterations and modifications are to be made by the Lessee within the first year of this agreement. Said modifications shall be submitted to the Lessor by plan. (Y) Lessee shall have the right to renew this Lease for an additional ,;ear at current market price at time of expiration. h ;fl't 1 I I Irt i 1! Ii a � r I S - ,�.IDt1 ti 1 L t ul r .... .. ,,. .. .t,,..0 :... .5•.:. .., .-. ..:• �... ... ... ... ..: a•�; .. .: -,.: ,.. .f�.� .... .. .. _r .. " ,.k.. t,. ....,.:,. Y f . 1 -I: f s , .r { _ 't F-h � a t - r 'I- - .1 }sti > ,-t } _ 1 t ! rlt t r tjjjit tr ,l 7 1 J, aer� x,. t s t i u 1 4' ` f IT a As to Lessee ! S FORM T' A � 0 ORh D CORRECTNESS: A PPR _D AN COR C NESS. /T, GEORGNTORNEY ". KNOX, JR. CITY ' WITNESSES: o> to Lessor 1.1.9TNESSES: By Richard Stuart Lease`; City of +i ami, a municipal C ornorat _on t CITY OF MIAM-t, F"4_ORfC\ INttR-OFFICE Mcr.10RAN1Z,1._;M 'J Howard Gary City Manager Lit l q Aida T. Levitan, Director Office of Information & VisitOtS (OIV) "'' May 6 j 1981 Justification for Request to Extend OIV Lease at 150 S.E. 2nd Avenue, Suite 1250 tt F.Fi FENC L.- As per the Commission's request for justification of request to extend the OIV lease at 150 S.E. 2nd Avenue, Suite 1250, the following factors should be considered: 1. The ideal location for OIV would be at Bayfront Auditorium because of visibility, space, cost, and parking facilities. However, the Commission needs to choose the best alternative for using this Auditorium. The Committee that is studying these options has not yet presented them to the Commission. The space is therefore not available at this time unless the Commission decides in favor of OIV. 2. If OIV is not granted the space at Bayfront, it is our re- commendation that the lease at the present location (150 S.E. 2nd Avenue) should be renewed for the following reasons: a. OIV moved to this location about one year ago. It has taken a long time to establish its identity and location with community groups and individuals. Identity is crucial to the communications arm of the City. Thus, another change in location so soon after the last move would only be justified if the new location offers obviously greater .advantages. b. The cost of the new lease at 150 S.E. 2nd Avenue would be $23,592., $5,382. more than this fiscal year. A move to another building would entail the following costs: moving charges $699.05; telephone transfers $635.00; new stationery, cards, and other materials $400.00; employee time to publicize new location need to refurbish new $4,000.00 pquarters (repainting, curtains, etc.) $1,000. C. The Olympia Building as a possible new location is not available at this time (Art Brawn, Off -Street Parking, 6780). In summary, OIV is still in the process of establishing a solid identity within the City. A move to a new location may hampe'rJ this effort. Unless the savings and advantages of the new K r 0 RTIV E location are considerable, the move may not be advisable M E N TS FOLLOW" _ .. 0 3 - �LPH' G. UNUIri l 1.1 .L 1 APPP•OVED AS TO FOILM AND CORPXCTNLtib. , JP.. D 0 C U 1%!1 E.N I S F0 L LOWY? "DOCUMENT INDEX ITEM NO. 1� " CITY VIL1:.T:i5G OF I;I'Ay_ ............................ 0 CITY OF K41A%1!, t"l.0R!rA 1 -tt t*-OFFICE MEM0R,- ,. :_;M 'J Howard Gary City Manager Lit - J- - VQAida T. Levitan, Director Office of Information & Visitors (OIV) May 6, 1981 Justification for Request to Rxtend OIV Lease at 150 S.E. 2nd Avenue, Suite 1250 As per the Commission's request for justification of request to extend the OIV lease at 150 S.E. 2nd Avenue, Suite 1250, the following factors should be considered: 1. The ideal location for OIV would be at Bayfront Auditorium because of visibility, space, cost, and parking facilities. However, the Commission needs to choose the best alternative for using this Auditorium. The Committee that is studying these options has not yet presented them to the Commission. The space is therefore not available at this time unless the Commission decides in favor of OIV. 2. If OIV is not granted the space at Bayfront, it is our re- commendation that the lease at the present location (150 S.E. 2nd Avenue) should be renewed for the following reasons: a. OIV moved to this location about one year ago. It has taken a long time to establish its identity and location with community groups and individuals. Identity is crucial to the communications arm of the City. Thus, another change in location so soon after the last move would only be justified if the new location offers obviously greater advantages. b. The cost of the new lease at 150 S.E. 2nd Avenue would be $23,592., $5,382. more than this fiscal year.. A move to another building would entail the following costs: moving charges $699.05; telephone transfers $635.00; new stationerv, cards, and other materials $400.00; employee time to publicize new location $4,000.00 ; possible need to refurbish new quarters (repainting, curtains, etc.) $1,000. C. The Olympia Building as a possible new location is not available at this time (Art Brawn, Off -Street Parking, 6780). In summary, OIV is still in the process of establishing a solid identity within the City. A move to a new location may hampe'OrJ this effort. Unless the savings and advantages of the new K t' RTIV E location are considerable, the move may not be advisable `j U ��'f M E N TS FOLLOW" W.