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HomeMy WebLinkAboutR-79-0071RESOLUTION NO. ? 9 ' 7 1 j4 A RESOLUTION AU'THORIZINo THE CITY MANAGER TO ENTER INTO LEASE AGREEMENTS WtTH NoN-PROFIT SOCIAL SERVICE ORGANIZATIONS, PoR THE LEASE OF` SPACE IN THE NEW LITTLE HAVANA COMMUNITY CENTER, LOCATED AT 970 S.W. 1st STREET, MIAMI FLORIDA, IN ACCORbANCE WITP THE TERMS AND CONDITIONS CONTAINED IN THE ATTACHED AGREEMENTI WITH CERTAIN EXCEPTIONS AS SPECIFIED IN THE ATTACHED SCHEDULE oF' LiMITATIoNS. WHEREAS, the New Little HaVana Community Center is a City of Miami facility obtained with Community Development funds to provide a multi -purpose social service center,kor the residents of the Little Havana area; Force WHEREAS, the Little Havana Community Development Task in conjunction with City and County Community Develop ment staff have recommended that the Center provide social. services to residents of low and moderate income; WHEREAS, the agencies to be identified shall be non- profit organizations that provide services that have been identified by the community and recommended by the City. Manager as essential,and agencies shall for space as tenants in subject facility; and submit WHEREAS, the City Manager recommends. applications "DOCUMENT INDEX ITEM NO. 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 lease agreements with non-profit social service organizations, for the lease of space in the New Little Havana Community Center, located at 970 S.W, 1St Street, Miami, Florida, in accordance with the terms and conditions contained in the attached lease agreement form, execution of 1/ which is a condition precedent to occupancy of the prem .ses- -SWWWWWW1Al--,.-l1 w,WWWWSWWWW1W1-1R@fitLL1RR.n Ar-ARIA'-1p,}FW-1.' CY-RSS SR-U!-W - !S C1 WS1 • 1/ Oertain eXceptons to toe herein authorization are found in the ;5chedu1.e .of Limitations attached hereto, SECTION •2 r Tie cost per square foot fob 'tie rise of aforesaid City preinisea has been coinpiited ih acebtdanoe with•the•followi t Utilities Maintenande and 1risutahee TOTAL -COST PASSED AND ADOPTED this 1979. 67 �'. �_/7 S G. NGIE, CITY CLERIC $2.50/per sc . ft. $2.00/1per sc . ft. $4.50/pet sq. ft. day of February. Maurice A. Ferre. MAU ICE A. FERRE, MAYOR PREPARED AND APPROVED BY: APPROVED AS TO FORM AND CORRECTNESS: 7'9 71 ge butk 0 MI,T, TtON LITTLE_H ,VAf ..._ OMMUti_TY E Space is' -to be made available to•the.federal office certifying eligibility•for food stamps and/or,issuing food stamps, only -upon a. showing to the City Manage' that'space is not otherwise available'in the.private- sector. Thereupon, such showing is to be confirmed.by .the City Commission prior to execution of the lease agreement and occupancy of the premises. Upon cornfirmation and approval by the City Commission,. the tenancy by the federal agency (or agencies) shall be based upon the prevailing rate paid by federal agencies for other like office space in the community. 7 1 . t ., tf:1',il .-r+,itbh --L'l✓1":•-•t_. �Il :•t C.l"rw;atil' f.r air 4OSephlk Crassie • .City Manager. M1 John F., bond, 11T4� Assistant City Manager January 10, 191 Legislation for the Lease of.Hpace in the New Little Havana Community Center facility, 970 S.i'i► ist St. Attached please find the proposed legislation authorizing the City Manager to enter, into lease agreements with non-profit social service organizations for the lease of space in the hew Little Havana community Center`facilityy 970 S. W. 1st Street. Also endlosed is the recommended lease agreement document. The Little Havana Community Development task force citizen participation process, in conjunction with City and County Community Development staff, have recommended that the facility house organizations that provide the following types of services to the Little Havana area: counselling, health, recreation, handicapped, food. program, transportation, housing improvement, legal services, day care, employment and training. Furthermore, the following criteria were established for recommending. occupancy: 1) Organization serves low and moderate income residents of the Little Havana Target Area. 2) Ability to meet space requirements of organizations. 3) Non -duplication. of services. 4) Past record of agency's ability to provide services. 5) Stability of funding (ability to pay rent) The following organizations have submitted applications for space as tenants in the new facility and are recommended for occupancy upon Commissionapprovalof the attached legislation: Name of Organization Type of Service Action Community. Center 7�~ Catholic Service Bureau Day Care Catholic Service Bureau (Counsel Industrial Home for 4„Blind /�%riEfOS Transportation for elderly and handicapped Child Day Care Information & referral; counselling service Recreation & employment services for the blind Little Havana Development Authority Planning physical development including. :,0-37 transportation, housing & beautification in Little Havana. Page 1 of 2 Riverside Baptist Church Spanish American League Against Discrimination Los Viejos Utiles (Useful Aged) January 1 Youth &family counselling Legal counselling on discrimination Counselling, health, recreational, employment and training for elderly and handicapped Future applications for space will be evaluated in accordance with the criteria applied to the aforesaid organizations The cost for leasing of office space has been calculated at a rate of S4.50 per square foot, which is a cost recovery rate for maintaining and Operating the facility. The aforesaid organizations have been advised by Citizen Services staff of the rental costs. It is recommended that leases be renewable at the beginning of each City fiscal year in order to ensure that the organizations continue to meet the established criteria. JPB:vp LIT'Ll E HAVAINA CO•S JNITY' CE' TOct MASE AGI Vir,?;T 79,, 7 1 Iten Page Pa i.tPb l e i i 'i 1 i Y i Y Y Y i Y i Yi i `Y Y i i Y Y Y Y Y i 1 i i Y i Y Y Y t Y Y 1 Y Y Y Y Y-c i 1 -Y Y 1 1, Y i i1 Description of Premises ) Y i 4 Y Y Y Y i i i Y Y, Y1 Y 1 3 Y Y i Security Y i Y 1 l Y 1 1 1 is Y 1 Y: i i Y1 1 i, Y 1 i i 6 l Y i Y l Y l Y I i I Y Y. Y i i 1 1 1 Y, Y .L Use 6166646464464664666446 Y i Y i i Y Y i i i 1 1 1 i l Y 1 Y► i Y Y Y Y I Y 1 2 Assignment 664646.664644461 i i Y 1 Y i i i i Y• i i Y i l Y Y Y• i i Y l Y• Y Services i i♦. 1 1 l Y. Y. 1 Y 1• Y i Y. 1 i. ♦ i Y, Y i 3 Utilities 644Yi 1 i, i i 1 6 Y i Y Y1 Y1/Y i Y.. • Y it Examinations and Condition of Premises 3 Repairs Delay and Maintenance -1 , . . Y i i ii . -. i -� / Y l i i., i. i Y , , i, l i1. Y DYJ . elay of Possession , . i i-i Y i1 i 6 . • / . . Y-.i i 1 i 6. Y . . Y i Y i i i . . • 4 Alterations 4 Charges for Services 5 Fire 5 Compliance with City, County, State and. Federal Law . 5 insurance 6 Non-payment , . .... • 66 • • . • 6 Abandonment .,. •.... 7 Act{orney's Fees 7 Assignment of Chattels 7 Waiver.. 8 Right of Entry. ,.•.• .,.,..• ••.....•,., 8 Personal Property 8 8 Indemnification and Hold Harmless ,.,'.,......•.•••'.•••• Right to Mortgage or Lease 9 Notices ,,,,,,,,,,,,,,,,,,,,,,, 9 Written Agreement 10 Time ,,, ,,, , , , , , , , l , ,, , ., , , , , , , Heirs and Assigns 79r71. • ittth Peaoeful PoStessio.. i•i i i, l't 10j Landlord s. Alterations and Repairs . i i -i i i i-i t i i -i i i i i i 46 10 Definitions ..... i1i.1.1.11 116:1 i141Y t. 11i ti.itl 11 8Urt tdel Premises 8.{ t i i i i 6666666666 44444. 1. 1 1 1 i i 1 446 11 Liens t t• i i 1 1 i i. i 44 1 1 1 1 . i t i i t i i• i i i i t '• i t t t i l t . i t \ t t 12 Increase in Rent 12 Violations 46.664666,46666664 t i i i t i i s • i i i • 4 i i / 6 13 Any and All Taxes and Asses •. i..i1i.,:.1 13 Ca.pt ions 1 . 1 ': i i . . '. i . i 1 i 1 : • • l : t i • . • . . . • . 1 ': 1 • . . . i i : 13 • \ond es Vl iminat ion i.. •. i i i i . i , i : i i i' i . . i- i, i, i i • 13 Use and Purpose . i i 1 i-1 -i- i i: i_ i i i. i i i i• -i.: i, i. • i i. i.. 13 else of Music in 'Auditorium, Conference Rooms, Auditorium 14 14Rental rate 7 9 - LITTII HAVANA COMMuNrT? CtNTER LtA8 909 Southwest first Street Miami, Plorida TITS AGREEMENT, entered into this ; day of A, b 10 between THE CITY Off' MUM, PLORIDA, a municipal corporation ih bade County, Florida, hereinafter called ''LANDLORD", and hereinafter called "IS TO WITNESS:•That Landlord does this -day, lease unto Tenant: to have and to hold said premises for the term of beginning 19 and ending , 19 - for the total rented floor area of price of Dollars ($ per square foot, for a total rental of Dollars ($ ), payable in equal monthly installments, to be paid on or before the day of each month, all payments to be made to, and at the office of the Little Havana Community Center or such other place or person as the Landlord may designate in writing, square feet, at the agreed monthly IT IS FURTHER AGREED AND THE PARTIES HERETO AS FOLLOWS: SECURITY: 1, Tenant, concurrently with the execution of this lease, has deposited the swn of Dollars ($ ), the receipt COVENANTED BY AND BETWEEN 79 71 of :which is hereby acknowledged by Landlord, Which sum is at amount equivalent to ore 'month's rent to be retained by Landlord as Security, in addition to the first month's rent plus the last rnonth'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, ntay at any time apply Security or any part thereof for the payment of the repairs and/or restoration of damaged tented areas which was caused by Tenant and towards the performance of each and every one 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 retrain 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 Land- lord so to do; that, in the event this Security shall not be utilised for any such purposes, then such Security shall be returned by Landlord to Tenant within thirty days next after the expiration of the term of this lease. Landlord shall not be required to pay Tenant any interest on said security deposit. USE: 2. The Tenant will use and occupy the premises for and for no other use or purpose, ASSIGNMENT: 3, Without the written consent of the Landlord first obtained in each case, Tenant cannot sublet, assign, or transfer this lease or any extension or renewal. thereof, Page 2 of • 5 fJ 1 s 1 .. Th0 44ndlord will furnish services as fo11cWst Sucti torvl ►e shall be given as ions , as the Tet knt is not in default Un4er any of the covenants of this leafs s subject to st'jkasj accidents, breakdowns, catastrophes national or focal cmorgencies, acts of God, and conditions and causes beypnd the control of the Landlord•, and,upon such happenings no claim for damages or abatement of rent for failure to fUrni h any such services shall be made tay the Ten nt or allowed by *he Landlord. UTILITIES 5. The Landlord will pay for utilities, includ- ing water, sewage, and electricity, but not telephone charges and services during the term of this leaseagreement, EXAMINATION AND CONDITION OF PREMISES: 6. Tenant having examined the premises is famili.:r with the condition thereof and relying solely on such examination will take them in their present condition, unless otherwise expressly agreed upon in writing. The Tenant hereby accepts the premises in the condition it in at the beginning of the occupancy of this leasehold and agrees to maintain the interior of said premises in the same condition, order, and repair as it is in at the commence- ment provided, except for reasonable wear and tear by the elements, other acts of God, or riots. REPAIRS AND MAINTENANCE 7. Tenant will at Tenant's own expense keep the leased premises in good order and repair and in an attractive, cleanand sanitary condition during the term of this lease or any extension or renewal thereof, replace at his own expense any and all broken glass in and about said premises, The Tenant shall at the termination of this lease by lapse Page 3 of 15 r'79- 71 of tinc or otherwYse,; feturt said 3i`er iete -to tand1.erd in good condition when received; loss by fire r windL etorn and ordinary wear eiscepted t7 LAY-O „ J v i '7A, -if-the landlord is unable to give•ioe§essidn-,• of the demised -premises on .the date•of the commencement of the aforesaid term -by. reason of the holding over of nny prior tenant or tenants or for -any - other reaeoti; an abatement or diminution of the rent to be paid hereunder shall be, allowed -Tenant.-under-'such circumstances, but• nothing herein -shall operate to'etendthe term of the -lease beyond the agreed expiration date; and,,said abatement in rent -shall be the -full extent of -Landlord's --liability. to•the Tenant• for any loss or damage -to -the Tenanton account -of sad- -lay in obtaining possession of•the premises, If the Land- .lord•is.unable to -give -possession of the demised premises to the. Tenant within ninety days next, after'.the commence ment of the term of this lease, then the Tenant shall have right to cancel this lease upon written notice thereof delivered to Landlord within ten days -after the lapse said ninety -day period; and, upon such cancellation, Land- lord and Tenant shall each be released and discharged from all liability on this lease. ALTERATIONS: 8. The Tenant may not make any alterations, additions, partitions, or improvements in or to the premises without the written consent of the Landlord; and, all additions, partitions, or improvements shall become the pro- perty of the Landlord and shall remain a part of the premises at the expiration of this lease agreement. All alterations, additions, partitions, or improvements must be done with proper permits and must comply with the Building and Zon- ing Code of the Landlord, All appropriate permits must be received from the Building Department of the City of - Page 4 of 9 7 4 milmi, Plorida� p'tO ` to undertakitig alterations, partltlong, or repairs, The tgnaft shall have the right to remove any persbtl41 property ► office furhithre, br fiXttires that it places pf thn premises, If any part of the demieed premises is its 4 1y waY damaged by the removal of such itgma i AS herein abovp eta 00► said damage shah be repaired by 00 Tenant at its Gale spot and expense CHAna 0, It to understood and agreed upon between the patties hereto that ally charges against Tenant by Landlord for services or for work done on the premises by order of the Tenant or otherwise accruing under this lease, shall be considered as rent due and shall be included in any lien for rent. FIRE: 10. In the event the premises shall be destroyed or so damaged or injured by fire or other casualty, during the. life of this agreement, whereby the same shall be rendered untenantable, then Landlord shall have the right to render such premises tenantable by repairs within ninety days therefrom. If said premises are not rendered tenantable within said time it shall be optional with either party hereto to cancel this lease and in the event of such cancel- lation the rent shall be paid only to the date of such fire or casualty. The cancellation herein mentioned shall be evidenced in writing. During any time that the premises are untenantable due to causes set forth in this paragraph, the rent or a just and fair proportion thereof shall be omitted. COMPLIANCE WITH CITY) COUNTY, STATE, AND FEDERAL LAW: 11, The Tenant shall comply with all, rules, regu-' latns, and laws of the City of Miami, Dade County, the Page 5 of 1;5.. State of 1iorida, or the United Mates Oovernmeft, applicab tel the leased premises and any immp1 Vernehts located thereon t Any material failure to comply with any such rule) regula- tion) or law shall be deemed to be a default do the part bf the Tenant, INtt1Ai CE, 12, The Tenant shall provide the Landlord with A copy of a Certificate of Insurance, showing coverage for liability in the amount of at least Three Hundred Thousand and 00/100 Dollars ($300,000.00) per occurrence for bodily injury and Twenty Thousand and 00/100 Dollars ($20,000,00) property damage, such insurance to protect the Tenant and the Landlord herein. Said insurance policy shall name the Landlord as an additional insured and shall provide a thirty -day period of notice to Landlord in event of cancel- lation. Insurance required shall be issued by a company authorized to do business in the State of Florida with the with the following qualifications as to management and strength: The company must have a rating no less than "A' as to management, and no less than "Class X" as to strength, in accordance with the latest edition. A. M. Best's Key Rating Guide. The policy of insurance as required herein shall, before this lease agreement becomes effective, be approved by the Landlord's insurance manager in writing. The Land- lord's insurance manager shall have the specific right to reject any insurance that has been provided by the Tenant to the Landlord. NON-PAYMENT: 13, Tenant agrees: That Tenant will promptly pay said rent at the times above stated; that if any part of the rent or utility charges shall remain due and unpaid for seven days next after the same shall become due and payable, Landlord shall have the option of declaring the balance ef. - Page 0 i'15- ' 7 9R. 1 the entire reAt tot the entire rental term of this Tease to be im ieeiitelY tue Arid payable, and Lat d1ord may then . proceed to collect all of the unpaid rent called far by this lease by distreAs or otherwise. AbANDONML 14, if du►ing the term of this lease Tenant shall abandon, vacate i or rpmove from the premises the major ptil'' tion of the gouts i W4res, equipment, or furnishings usually kept oft said premises, or shall cease doing business in said premises, pr shall suffer the rent to be in arrears, Landlord may, at its pption, cartoel this lease, in the man- ner stated in paragraph 13 hereof, or Landlord may enter said premises as the agent of Tenant, by force or other- wise, without being liable in any way therefor, and relet the premises with or without any furniture that may be there- as the agent of Tenant, at such price and upon such terms and for such duration of time as Landlord may determine; and receive the rent therefor, applying the same to the payment of the rent due by these presents; and if the full rental herein provided shall not be realized by Landlord over and above the expenses to Landlord of such reletting, Tenant shall pay any deficiency. ATTORNEY'S FEES: 15. If the Tenant defaults in, of any in the performance of the covenants of this lease and by reason thereof the Landlord employs the services of an attorney to enforce performance of the covenants by the Tenant, to evict the Tenant to collec t ct monies due by the Tenant, or to perform any service based upon said default, then in any of said events the Tenant does agree to pay reasonable attorney fees and all expenses and costs incurred by the Landlord, pertaining thereto and in enforcement of any remedy avail- able to the Landlord. ASSIGNMENT OF CHATTELS; 16, Tenant hereby pledges and assigns to Land ail the furhitureI goo0t And th6.ttels of TeI ht-which shall • or finny be ,brought or put on .said premises as security for the pgyf;ent• of said rent; and, tenant agrees that said lien nibs be.enforced.by.distress, foreclosure, or otherwise, at the - election -of the bandiordr 'tenant hereby `otpressiy. waives and renounces for ,himself and family any and all homestead gild exemption rights •he tray have now or: hereafter, under or by virtue of the constitution and laws of the State Florida, or of any other state, or of the United States, as against the payment of said rental or any portion thereof or any other obligation or damage that may accrue under the terms of this agreement, WAIVER t 17, No waiver of any condition or covenant of this lease by Landlord shall be deemed to imply or consti- tute a further of waiver by Landlord of any other condition or covenant of this lease. The rights and remedies created by this lease are (nilative and the use of one remedy shall not b.? (Oren to exclude or waive the right of the use of another RIGHT OF ENTRY: 18. Landlord or any of his agents shall right to enter said premises during all reasonable hours to examine the same or to make such repairs, additions, or alterations as may be deemed necessary for the safety, comfort, or preservation thereof, or of said building, or to exhibit said premises at any time within thrity days before the expiration of this lease. Said right of entry shall likewise exist for the purpose of removing placards, signs, fixtures, alterations, or additions which do not conform to this agreement, PERSONAL PROPERTY: 19, All personal property placed or moved in the premises above described shall be at the risk of Tenant Page 8 of 15 or P 79' 71 the ouher thereof s thdl L hdibrd sham riot be liable to Tehaht for,Any !Amite too •said p'etsoi al property• or. to Teh atiy, a,risitig from the hurstthg or ItAitfhft of- water pipes• or froth. ttny:Act of negligefce of any 'cotenant, or. t9t eu iaitts of the huildingo• or, of airy cthei' iersbh whbmsbever. INbtiiNtVICATtOW b ..The Tenant M N b i t O i l A MI t 8. t does hereby agree to indemnify and hold the Landlord harmless from any and all claims, liability, losses, and caiis4e of actions which may arise out of this lease agreement or the Tenant'e activities in the demised premises. The Tenant shall pay all claims and losses of any nature whatsoever in connection there- with and shall defend all suits in the name of the Landlord, when applicable, and shall pay all costs and judgments which may issue therefrom. RIGHT TO MORTGAGE OR LEASE: 21. Tenant's rights shall be subject to any bonafiae mortgage which now covers said premises and which may hereafter be placed on said premises by Landlord, or underlying lease now or later covering the entire property. NOTICES: 22. Except for the monthly rental notices, all notices shall be certified or registered mail or notices delivered in hand to the Landlord or Landlord's agent and to the Tenant or Tenant's agent on the premises. If the premises are unoccupied or acceptance of said fused by the Tenant or Tenant's agent, said notice may served on the Tenant by posting same in a prominent place on the premises. This paragraph shall apply to notices provided for in this lease by the laws of the State of Florida. Notices from Landlord to Tenant shall be deemed duly served if mailed by registered or certified mail or hand delivered by a duly authorized agent of the Landlord; notices from Tenant to Landlord shall be deemed duly served if mailed the spier thereof; tnd, Landlord sha11•not be- liable to `eiiatit for shy da.Mage to said so ial•property or to 1401i. ahy, £tt isit trot •the bursting or. 1eakihF . o Water t thes• oi'•fl'ofn my act bt negligence of any toi.tehahttor oceu atits of the building, or of ally • other pereon whormsoever. 0f1AMNI.tI,CAT N.. Alb.. t (i 11. 41Lt 0. The Tenant. does- hereby agree. to- ihdeniaify a d hold the Landlord • harmless • from any and' all c1 .i s, iiabi ity a losses, and cause' of• actions which may arise out of this lease agreement or the Tenant's activities in the demised premises. The Tenant shall pay all claims and losses of any nature whatsoever in connection there with and shall defend all suits in the name of the Landlord, applicable, and shall pay all costs and judgments which may issue therefrom. RIGHT TO MORTGAGE OR LEASE: 21. Tenant's rights shall be subject to any bonafide mortgage which now covers said premises and which may hereafter be placed on said premises by Landlord, or. underlying lease now or later covering the entire property. NOTICES: 22. Except for the monthly rental notices, all notices shall be certified or registered mail or notices delivered in hand to the Landlord or Landlord's agent and to the Tenant or Tenant's agent on the premises. If the premises are unoccupied or acceptance of said n fused by the Tenant or Tenant's agent, said notice may be served on the Tenant by posting same in a prominent place on the premises. This paragraph shall apply to notices provided for in this lease by the laws of the State of Florida. Notices from Landlord to Tenant shall be deemed duly served if mailed by registered or certified mail or hand delivered by a duly authorized agent of the Landlord; notices from. Tenant to Landlord shall be deemed duly served if mailed by registered 'cj .certified Mail or hand delivered by a duly autho`ited agent of the Tenant The Landlord ar the Tenant may ehange such MAI ing addresses at ftby time upon giving the tither party written notice. All hotices under this lease agreement must be in writing and shall be deemed to bt served when delivered to the address of the addressee WRITM' N AGRtFMtN 't 23. This lease contains the entire agreement between the patties hereto and all previous negotiations lead- ing thereto; and, it may be modified only by an agreement in writing, signed, and sealed by and between the Landlord and Tenant, subject to the approval of the Law Department of the City of Miami, as to form and content; the city mana- ger: and the City Commission of the City of Miami Florida. TIME: 24. It is understood and agreed between the parties hereto that time is the essence of all of the terms and pro- visions of this lease. HEIRS AND ASSIGNS: 25. This lease and all provisions, covenants, and conditions thereof shall be binding upon and inure to the benefits of the heirs, legal representatives, successors, and assigns of the parties hereto, except that no person, firm, corporation, or court officer holding under or through Tenant in violation of any of the, terms, provisions , or conditions of this lease, shall have any right, interest, or equity in or to this lease, the terms of this lease, or the premises covered by this lease. PEACEFUL POSSESSION 26, Subject to the terms, conditions, of, this lease, Landlord agrees that Tenant shall and may peace- ably have, hold, and enjoy the premises above described, without hindrance or molestation by Landlord, LANDLORD'S ALTERATIONS AND REPAIRS: 27. It is further agreed that this lease is made by the Landlord and accepted_ by the Tenant under the distinct understanding and agreement that the Landidrd shall leas ,theright and pri'vi1ege to make and bulld additions to the building, of which the demised space is a part, :and make such alterations and repairs to said building as it may tieeh wise and advisable without any liability to the Tenant therefor. bt'IN/TI6NS: 28, The terms "Landlord" and "Tenant" as heroin contained shall include singular and/or plural, masculine, feminine, and/or neuter) heirs, successors, executors) ad- ministrators, personal representatives, and/or assigns wherever the context so requires or admits SURRENDER PREMISES: 29 Tenant agrees to surrender to Landlord at the end of the term of this lease and/or upon any cancellation' of this lease said leased premises in as good condition as said premises were at the beginning of the term of this lease, ordinary wear and tear, and damage by fire and wind- storm or other acts of God excepted. Tenant agrees that if Tenant does not surrender to Landlord at the end of the term of this lease or upon any cancellation of the term of this lease, said leased premises, then. Tenant will pay to Land- lord all damages that Landlord may suffer on account of Tenant's failure to so surrender to Landlord possession o said leased premises, and will indemnify and save Land- lord harmless from and against all claims made by any succeed- ing tenant of said leased premises against Landlord' on account of delay of Landlord in delivering possession of said premises to said succeeding tenant so far as such de- lay is occasioned by failure of Tenant to so surrender said premises. It is further understood by and between the parties hereto that all improvements to the property made by the Tenant shall upon termination of this lease agreement, for whatever reason, become the property of the Landlord, - page 11 of /5• �y 1 79 71 LItM M. 'tenant further agrees that Tenant iuill pay all. liens of contractors,. subdontractors, mechanics, labor- em materialmen, and other items of• like -character a.iid will • indeffini 'y Lat d1brd against' ail legal eCists 'and oh :rgeei bond premiutis'. for release of liens,•including counsel fees • reasonably incurred in and about' the defense•of any suit in discharging the said premises - or any -part thereof .from any hens judgments,' or encumbrances caused or suffered b -Tenant- it is understood and agreed between' the parties hereto that the costs and Charges above referred to' shall •be'considered -as rent -due and shall..be included in any lien •for rent. The Tenant herein shall not have any authority to create any liens for labor or material on the Landlord's interest in the above -described property; and, all persons contracting with the Tenant for the destruction or removal of any building or for the erection, installation, altera- tion, or repair of any building or other improvements on the above -described premises, and all materialmen, contractors, mechanics, and laborers are hereby charged with notice that they must look to the Tenant and to the Tenant's interests only in the above -described property to secure the payment of any bill for work done or material furnished during the rental period created by this lease. INCREASE IN RENT 31. The rental rate for premises leased by the Landlord to the Tenant shall be subject to periodic semes- ter revision so as to adjust for operating cost increases and the change in the rental rate shall become effective the first day of the ne ct fiscal year, "Fiscal Year" shall mean a period of time beginning the first day of October of a current year and ending the last day of September of the year next to the current year in question, Page 12 of 15 4 '79 71 VI iAPI:0 if the Thnatit in -,any. fiiahtier.violates the cc- Vehants and - eoiidit iofls . of . 'the lease n.greeriiet t , then and in • that event, after. ten days written notiee given to the V'eiiant by the ,andlord to' correct such deficieiioies and uson `failure of Tenant to- correct, such deficiencies after eueh written notice, this agreement shallterrninate forthwith at the ' option of the. Land ord•and upon written- notice to • Tenant. ANY ANC ALL , TAX1S . ANb _ASStSSMt NTS 38, The Tenant agrees that it shall pay as addi- tional rent during the term of this lease agreement, taxes and assessments, general and special, which may be levied, assessed, or otherwise imposed upon said demised premises as a result of the Tenant's occupancy: The monthly rent is subject to the State of Florida sales and use tax, unless otherwise exempted. CAPTIONS; 34. The captions contained in this lease agree- ment are inserted only as a matter of convenience and for reference and in no way define, limit, or prescribe the scope of this lease of the intent of any provision thereof.. NON-DISCRIMINATION: 35, The Landlord agrees that there shall be no discrimination as to race, creed, color, or national origin in connection with the use, maintenance, or operation of leased premises, USE AND PURPOSE 36. It is understood and agreed that the demised space and premises shall be continually occupied by the Tenant during the term of this lease only for purposes and activities in accordance to the purpose and aims of the Little Havana Community Center, that are expressed in the policies of such Landlord as expressed in the regu1ati ones herein o �e . � orsted pY re erenQe lava 4ale in the CQ �� tY Center .gager' a Orrice). T Page 13 of 15 - 79 71 `St _obi. Mt1Ct . At'fio1+ 87 = The Tenant covenants and agrees that he has/or Wile Obtain by the date of the event, the necessary copyright lioentes authorising the use of music, mechanical and/or live, for the subject Event in subject facility. 38= The use of the Conference Booms shah_ be included in the rent to the Tenant for no additional charge All use of said t1 _ Conference Rooms shall be scheduled by the Manager of the Little l-Iavana C..-,m7lunite Center. AUDITORIUM (RE TAL RATE): 39. An additional amount of rent shall be paid by the TeIant fcr any use of the Auditorium facility upon premises. The Rental Rate will be established by the Little Havana Corr.._._"-: Center Manager. The Rental Fee will be computed on an ly rate and the scheduling of times and dates of events shall be the respe '..t; of said Manager. The Tenant will have the option of paying the Auditorium rental the time of the use of the Auditorium or at the time of the next ^:cnths' Rental Payment. IN WtPNiJ8S .Wi#i riiJOr', the : tiet hereto- hAve here 'Unto a ;e iited this it strilmefit for the purpose herein emprested, the -day and •year above written:• TtNAN Attest: President LANbLORb-• - Attest ;___:.__ Secretary (Corporate Seal) Director of Community Affairs for Little Havana Community Center Witnesses: Prepared and Approved by Approved as to Form and Correctness: George F. Knox, Jr. City Attorney Pap 1.5•of15 - r 79 7 I ketolution 79 1 Stipulated amendments to attadhed resolution Pt: ", t telicept in the ease of Iikg Pool gtalp Agency, We feel they should try to seek sftaee it the private secte%, if no space is available in the area then HRH should pay thatever the going tate is fot federal agencies en the tutting of spaces" Gi t fthefote the agreetteht is signed the Cote fission Should be apprised that Hkg eauld not find space available anywhere else." ?1: "And that the Cottttiissit h should be at3ar'e of all other `such groups that are seekittg space in the net., tittle #&Jana Community Center" 79 7 .