HomeMy WebLinkAboutLease AgreementLEASE AGREEMENT
BETWEEN
SCOTT ROBERTS MCNARY AND BETTY MARIE MCNARY
AND
THE CITY OF MIAMI, FLORIDA
FOR THE USE OF THE FOLLOWING DESCRIBED PREMISES:
1150 SW 22" ' STREET
MIAMI, FLORIDA 33129
TABLE OF CONTVNTS PAGE
1,
PURPOSE
2
2.
DURATION OF TERM
2
3,
AMOUNT OF RENT AND MANNER OF PAYMENT
2
4.
SECURITY DEPOSIT
4
5,
OPTION TO RENEW
4
6.
INCORPORATION
5
7.
CONDITION OF PREMISES
5
8.
USE
5
9.
CONDITION OF PREMISES AT TERMINATION
6
10.
HOLDOVER
6
11.
SIGNS
6
12.
MAINTENANCE AND REPAIRS
6
13.
UTILITIES
7
14.
COVENANTS OF THE LESSEE
7
15.
COVENANTS OF TIME LESSOR
7
16.
QUIET ENJOYMENT
8
17.
LESSOR'S INSURANCE
8
18,
INDEMNIF]CATION
8
19.
ADDITIONAL MUTUAL COVENANTS
9
20.
PROVISIONS OF DEFAULT
10
21.
NOTICES
10
22.
CONTINGENCY CLAUSE
11
23.
FORCE MAJEURE
11
24.
PARKING
11
25.
ENVIRONMENTAL
12
26.
RADON GAS
13
27.
CONFLICT OF INTEREST
13
28.
MISCELLANEOUS
13
EXHIBIT A LEGAL DESCRIPTION (PROPERTY)
EXHIBIT B SITE PLAN (PREMISES)
EXHIBIT C INVENTORY OF FURNISHINGS/EQUIPMENT
EXHIBIT D LESSEE'S TAX EXEMPTION CERTIFICATE AND SELF-
INSURANCE LETTER
LEASE AGREEMENT
This Lease Agreement (the "Lease Agreement" or "Lease") is made and entered into at
Miami -Dade County, Florida, the day of , 2007 (herein the
"Effective Date"), by and between Scott Roberts McNary and Betty Marie McNary, both
individuals over the age of 21, as sole owners by the entirety real property, (hereinafter
collectively called, "Lessor" or "Landlord"), and the City of Miami, a municipal
corporation of the State of Florida,. (hereinafter called "Lessee" or "Tenant"), the terms.
"Lessor" and "Landlord" and "Lessee" and "Tenant" shall include their respective
successors, assigns, heirs, legal representatives, executors, administrators, and personal
representatives wherever the context of this Lease so requires or admits.
Witnesseth:
WHEREAS, in consideration of the mutual agreements subsequently contained herein,
the Lessor and the City agree as follows:
1. PURPOSE
The Lessor is the owner of real property located at 1150 SW 22 Street, Miami, Florida
33129, as legally described in Exhibit "A" (the "Property"). The Lessor hereby leases to
the Lessee, the entire Premises consisting of approximately 3,900 square feet of office
space and six related parking areas as shown on Exhibit "B" (the "Premises").
2. DURATION OF TERM:
The Lease Term and duration of this Lease shall be for a period of two (2) years, (the
"Lease Term" or Term") commencing on the Effective Date, which shall be the date that
this Lease is fully executed by the City Manager and attested by the City Clerk. Rent
shall commence on the Effective Date and shall be prorated for the first month as set
forth below.
3. AMOUNT OF RENT AND MANNER OF PAYMENT:
The Lessee shall pay the Lessor for the first year of the Term of this Lease Twenty -Four
Dollars and No Cents ($24.00) per square foot for the year or Seven Thousand, Eight
Hundred Dollars and No Cents ($7,800) per month (the "Rent"), The Rent payment shall
be made by check payable to Scott R. McNary and Bettie M. McNary in advance, and
delivered, by the fifteenth (I 5'h) day of each month, without notice, to the following
address at:
170 Shore Drive South, Miami, Florida 33133
Commencing on the first day of the first full month of the second year of the Term, and
every twelve (12) months thereafter, and such date being referred to herein as the
"Anniversary Date", Lessee agrees that, as provided for below, Rent shall be increased by
the increase during the prior year, not to exceed three percent (3%) per year, in the index
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known as "United States Bureau of Labor Statistics, Consumer Price Index, The Rent
shall utilize the "Consumer Price Index for All Items, Miami - Ft. Lauderdale, Florida",
Base Year 1982-84=100 (hereinafter the "CPI"). Said adjustment shall be hereinafter
referred to as the "CPI Escalation".
Subject to the three percent (3%) per year maximum increase, the CPI Escalation of the
Rent shall be equal to the Rent in effect for the immediately preceding year plus the
product of that Base Monthly Rent multiplied by the "CPI Percentage" (as defined
below).
'fhe CPI Percentage shall equal the fraction (i) whose numerator equals the total of (a) the
monthly Index published immediately prior to the Anniversary Date (or the nearest
reported previous month), minus (b) the monthly Index published. immediately prior.to
the Anniversary Date of the immediately preceding year and (ii) whose denominator is
the same as (b) above.
If the Index is discontinued with no successor Index, Lessor and Lessee shall agree to use
a comparable index. However, the increase determined by such comparable index shall
not exceed three percent (3%) per year.
Lessor shall compute the annual CPI Escalations, if any, and shall determine whether
such CPI Escalation is greater than or lesser than three percent (3%) and shall send a
notice, with. calculations, to Lessee setting forth the adjusted Rent (which shall be no
greater than the three percent (3%) limitation) within sixty (60) days prior to, the
commencement of each new year or as soon as such Index is available before the
beginning of the next year's tern. In the event the Rent increases for the next year's term,
Lessee shall pay to Lessor the increased Rent beginning with the first month of the new
year's term. A hypothetical example:
CPI Index: All Urban Consumers, All Items — Miami/Ft. Lauderdale; Base Year 1982-84
CPI Escalations:
Anniversary Date of Immediately .Preceding Year April 1, 2004
Current Anniversary Date April 1, 2005
CPI — Preceding year (month prior to Anniversary Date of Preceding Year)
(or nearest CPI reported month) 183.6
CPI — Current year (month prior to current Anniversary Date)
(or nearest reported month) 19016
CPI Increase --) =
190.6-183.6 => 3.8%
183.6
CPI Adjusted Base Rent = $2,300.00 x 3.8 % =>
Cap on annual increase in Rent = $2,300.00 x 3.0% =>
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$2,387.40
$2,369.00
The term "Rent" more specifically refcrs to all rent due to Lessor by Lessee. Lessee is a
tax-exempt entity and is self insured and Lessee has provided Lessor with its tax -
exemption certificate and its letter of self-insurance attached hereto as Exhibit D. Lessor
is responsible for insurance, real estate taxes, administrative fees, maintenance and
repairs to the extent provided for in this Lease Agreement, and all other expenses related
to the rental of the Premises. Lessor shall provide Janitorial Services, as hereinafter
defined, which shall be provided by at its sole cost and expense. "Janitorial Services"
more specifically refer to the daily vacuuming, garbage collection from waste cans within
the leased premises, light dusting and cleaning of offices and restrooms, light bulb
replacement and care of flooring. However, Lessee must keep in stock the basic cleaning
products (except for garbage bags which will be supplied by Lessor) used to clean the
Premises.
In the event the Rent for the first month commences on a day other than the first day of a
calendar month, then upon the day of Rent commencement, Lessee shall pay Lessor a pro
rata portion of a full month's rent, determined by dividing a full month's Rent by the total
days in the month of usage and multiplying the product by the number of days of
occupancy.
4, SECURITY DEPOSIT:
On execution of this Lease, the Tenant will pay the Landlord a security deposit equal to
the amount of Eleven Thousand, Seven Hundred Dollars and No Cents ($11,700) (the
"Security Deposit"). The Security Deposit shall remain the same amount during the Term
of this Lease and any extensions hereof without any increased amount. The Landlord
will return the Security Deposit to the Tenant at the end of this tenancy, less such
deductions as provided in this Lease but no deduction will be made for damage due to
reasonable wear and tear. The Landlord will deliver or mail the Security Deposit less
any proper deductions after the termination of the Lease, payable to City of Miami;
City of Miami
Department of Finance
444 SW 2"d Avenue, 6'h Floor
Miami, FL 33139
Attention; Collections
5. OPTION TO RENEW:
Provided no default then exists, or if a default does exist and Lessor or Lessee has
received Notice of such default as provided herein, has commenced the curing of said
default and thereafter is diligently prosecuting such cure to completion, Lessee is hereby
granted an option to renew this Lease for five (5) terms of one (1) year each, upon the
same terms and conditions set forth in this Lease with the exception of Rent which will
be determined in accordance with Section 3. Lessee shall notify Lessor in writing no less
than three (3) months prior to the expiration of the then current term, of its election to
exercise such option. Upon the Lessee exercising its option, the Lease Term shall be
deemed to include the new option period.
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6. INCORPORATIONS: All Exhibits to this Lease are hereby incorporated into and
made a part of this Lease Agreement.
7. CONDITION OF THE PREMISES:
The Lessee shall accept possession of the Premises in its "as is" condition existing on the
Effective Date. Lessor shall ensure that the Premises and all its components shall be in
good condition and in good working order on or before the Effective Date. The
Premises will be provided to Lessee furnished. The inventory of said furnishings and
equipment is attached hereto as Exhibit "C".
8. USE:
A) The Lessee shall use and occupy the Premises for offices and/or other such
related functions. Lessee shall be allowed to sublease any portion of the offices
with Lessor's prior written consent, which shall not be unreasonably withheld nor
delayed, beyond fifteen (15) business days from receipt of Lessee's request. It is,
however, agreed that in the event the Lessee shall, in its discretion deem it
desirable, the Premises may be used for any other legitimate and lawful business
purpose provided that no such use shall cause Lessor's insurance to substantially
increase without the written consent of the Lessor, which consent will not be
unreasonably withheld.
B) The Lessee will not occupy or use said Premises, nor permit the same to be
occupied or used for any business which is unlawful. Lessee agrees to comply
with all lawful requirements of the Health Department, Police Department, Fire
Department, Municipal, County, State and Federal authorities respecting the
manner in which it uses the Premises.
C) Lessee shall not make any change(s) to the exterior and/or interior portion(s) of the
Premises without the express written consent of the Lessor, which consent shall
not be unreasonably withheld nor delayed beyond five (5) business days from
receipt of Lessee's request, and particularly the Lessee will not cause anything to
be done which may impair the over-all appearance of the Premises. Although the
Premises is intended to include the exterior walls and parking spaces and the
outside courtyard area abutted by the neighboring property, as per Exhibit B, the
Lessee covenants that it shall not use the exterior portion of the Premises except
for parking, and ingress and egress without the express written consent of the
Lessor, which consent shall not be unreasonably withheld nor delayed beyond
five (5) business days. However, it is agreed that should Lessee need to use the
external areas of the Property for federal, state, or local emergency purposes,
Lessee will as soon as practicable provide Lessor with oral notice followed as
soon as practicable with written notice of its need to use the external areas of the
Properly for such emergency purposes and Lessor shall provide consent, which
consent shall not be unreasonably withheld or delayed beyond five (5) business
days from the receipt of Lessee's written request.
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D) Lessor hereby grants to Lessee the non-exclusive right to use, in common with
Lessor and other tenants of the Premises, the portions of the Premises intended to
be for common use, including but not limited to, parking areas (herein collectively
referred to as the "Common Area"),
9. CONDITION OF PREMISES AT TERMINATION:
Upon the expiration or earlier termination of the Lease, Lessee will quit and surrender the
Premises in a good state of repair and broom swept, reasonable wear and tear excepted,
However, Lessee shall not be obligated to repair any damage, which Lessor is required to
repair under section 19(13). All fixtures, window treatments and keys shall at the end of
the term revert back to the Lessor. Lessee shall return Lessor's furnishings/equipment as
described in Exhibit C in good state of repair, reasonable wear and tear excepted,
10. HOLDOVER:
In the absence of any written agreement to the contrary, if Lessee should remain in
occupancy of the Premises after the expiration of the Lease Term, it shall so remain as a
tenant from month-to-month and the Rent shall be the same Rent as the last in effect at
lease term. All provisions of this Lease applicable to such tenancy shall remain in full
force and effect.
11. SIGNS:
Despite the terminology contained in this Lease Agreement, outside signs shall not be
erected and/or attached to any portion of the Premises without the express written consent
of the Lessor, which consent shall not be unreasonably withheld nor delayed beyond five
(S) business days from receipt of Lessee's request.
12. MAINTENANCE AND REPAIRS:
A) Lessor, at its sole cost and expense, shall keep the Premises and Common Areas
in a good state of repair, and it shall be responsible for all maintenance, repairs
and replacements to any structural portion of the Premises, all electrical,
plumbing; the roof and exterior masonry and paint of the Premises as well as
rodent and termite infestation to the Property. Lessee shall be responsible for pest
control within the Premises, except for rodent and termite infestation, The Lessor
shall make certain the HVAC system is in working order and shall comply with
all building and zoning codes, as applicable. Lessor agrees to provide Janitorial
Services to the Premises as described above
B) Lessee shall keep the interior to the Premises and the improvements placed
therein in a good state of repair, and Lessee shall be responsible for repairs, the
painting, maintenance and repairs to the interior of the Premises including all
windows, doors and openings, ballasts, fixtures, minor plumbing (e,g. clogs),
routine change of filters to the HVAC system at least every thirty (30) days, and
other systems installed within the Premises. Lessor shall make all necessary
repairs to the HVAC system as soon as practicable and if possible within forty-
eight (48) hours upon receiving notice from Lessee.
Q7-186
C) Notwithstanding the obligations of the Lessor, provided in "A" and "B" above,
any repairs necessitated by the gross negligence or willful misconduct of Lessee,
its employees, and invitees will be repaired by Lessee. Lessor shall have the
right to make such repairs if not repaired by Lessee and to recover the cost oi'such
repairs from Lessee.
D) Notwithstanding anything herein to the contrary, Lessor shall be solely
responsible for all damages and repairs caused by Lessor's negligence.
1✓) In order to minimize any disruption to Lessee's use of the Premises, Lessor shall
notify Lessee no less than twenty-four (24) hours prior to the commencement of
any repair, Upon receiving Lessee's consent, which consent shall not be
unreasonably withheld, Lessor may construct, repair or complete any work it
deems necessary to maintain the integrity of the Premises. Should any of the
Premises be unusable to Lessee as a result of Lessor's repairs, the Lessee shall
receive a rent abatement for the period of time such repairs are undertaken.
13. UTILITIES, INSURANCE, TAXES:
Lessor represents and warrants that water, sanitary sewers, storm sewers, electric current,
and telephone facilities are, or will be, available at the Premises on or before the
Effective Date. Lessee shall pay for its telephone and cable. Lessor will pay for the
water and electric serving the Property as well as the insurance and taxes related to the
property. The space is cable/computer ready and metered for utility service. Lessor
shall pay in full the monthly electricity bill.
14. COVENANTS OF THE LESSEE:
A) The Lessee hereby covenants and agrees with the Lessor as follows.-
1)
ollows;
1) That the Lessee shall not hold Lessor liable for any damage to. Lessee's
Properly caused by reason of water or the bursting or leaking of any pipes or
waste water about said Premises, or fire, or hurricane, flooding or other acts of
God, or loss or damage as a result of thefts, except for losses or damages
caused by the Lessor's negligence.
2) The Lessee shall have the right, at its sole cost and expense, to continue to
activate the alarm system. In the event Lessee continues to activate the alarm
system, Lessee shall pay for all costs associated with its maintenance, repair
and monitoring.
15. COVENANTS OF THE LESSOR:
The Lessor hereby covenants and agrees with the Lessee as follows:
A) That Lessor is, at the time of the execution of these presents, the sole owner in fee
simple absolute of the Premises herein above described and that it has good and
marketable title, and the full right to lease the same for the term aforesaid.
07.186
B) That Lessor will keep the Premises free and clear of any and all liens on account
of any construction, repair, alterations or improvements, which Lessor may. be,
obligated to make or perform under this Lease. Lessor shall keep any and all
mortgage payments current and in good standing.
C) That Lessor shall pay, prior to delinquency, real estate taxes and assessments,.
which may be levied or assessed upon the Premises and any improvements
subsequent to the Effective Date and throughout the Term of this Lease and any
extensions hereof.
D) The Lessor further covenants that Lessor will keep the -Premises, parking areas,
the exterior, the Common Areas and the Property , in good repair.
E) Lessor hereby covenants that on the. Effective Date the Premises shall be in
compliance with all applicable Federal, State, County and City laws; codes and
regulations including but not limited to Federal, State and Building and Zoning
codes.
16. QUIET ENJOYMENT
Lessee or its sublessee, on payment of the rent herein provided and performance of its
obligations, hereunder, shall and may peacefully and quietly have, hold, and enjoy the
Premises for the Term hereof or any extension or renewal thereof with all rights and
privileges and for the use herein provided. Without limiting any. of its rights, Lessee may
terminate and cancel this Lease upon thirty (30) days prior written Notice to Lessor in the
event that enjoyment or use of the Premises is prohibited, provided that from the date of
receipt of such notice by Lessor, Lessor shall have fifteen (15) days to cure the prohibited
enjoyment or use.
17. LESSOR'S INSURANCE;
The Lessor, during the Lease Term, and any extensions thereof, and at its sole cost and
expense, shall carry fire, windstorm, hail, flood and extended coverage insurance on the
improvements of the Premises to the full replacement value. Lessee is self-insured.
18. INDEMNIFICATION;
A) To the extent permitted by law, Lessor agrees to indemnify, hold harmless and
defend Lessee, its successors, subtenants, and assignees, from and against any and
all claims, actions, damages, liabilities and expenses, judgments, settlement
payments, fines, paid, incurred or suffered by Lessee in connection with loss of
life, personal injury and/or damage to property, arising from or out of the Lessor's
responsibilities under this Lease and from Lessor's ownership of the Property.
B) If Lessee's use and occupancy is materially interfered with as a result of any of
the above for which Lessor is responsible under this section, Lessee, in addition to
any other available remedy, shall he entitled to an abatement of Rent.
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19. ADDITIONAL MUTUAL COVENANTS:
The following stipulations and agreements are expressly understood by both the Lessor
and the lessee and they do hereby agree to abide by them;
A) In the event the Lessor shall fail to make the payments on any mortgages, or taxes
or other payments on the Premises which Lessor is required to pay, the Lessee
may, but shall not be required to, make such mortgage or tax payments or such
other payments or do such acts and things as may be necessary to keep the
mortgage or taxes on the Premises from being in default, and may deduct the cost
thereof from the next ensuing rentals due under this Lease.
B) In the event improvements in the Premises shall be partially damaged by fire or
other casualty due to the sole negligence of the Lessor or Lessee, but not rendered
unrentable, the same shall be repaired with due diligence by the party whose
negligence caused such damage. If the Premises shall be damaged by fire, the
elements or unavoidable casualty, leaving more than 50% of leased floor space
unusable for Lessee's purposes, and rendering the Premises unfit for occupancy,
the Lessor and Lessee shall each have the option of terminating this Lease within
thirty (30) days from the date of the casualty by providing Notice to the other
party as provided in this Lease. Provided that the Lessor elects to rebuild the
Premises, the Lessor shall proceed with such construction and complete same
with all reasonable diligence. In the event the Lessor elects not to reconstruct,
then and in that event the Lease shall be deemed terminated. If termination
occurs, the rights and obligations of the parties shall cease as of the date of such
termination, and Rent shall be adjusted as of the date of such casualty. If the
Premises are rendered untenantable in the Lessee's sole opinion, or Lessee is
unable to use a portion of the Premises due to repairs, then and in that event the
Rent during the period that the Premises are in said condition shall be reduced in
direct proportion to that portion of the Premises, which is, in fact, untenantable or
under repair.
C) The covenants and agreements contained in this Lease are interdependent and are
binding on the parties hereto, their successors and assigns. This Lease has been
prepared in several counterparts, each of which said counterpart, when executed,
shall be deemed to be an original hereof.
D) If Lessee shall hereafter install, at its expense, any shelving, lighting .and other
fixtures, unit heaters, portable air conditioning units, portable partitions or any
trade fixtures, or if Lessee shall hereafter install or apply any advertising signs or
other standard identifications of Lessee, any article so installed or any
identification so applied shall be the property of the Lessee, which Lessee may
remove at the termination of this Lease, provided that in such removal Lessee
shall repair any damage occasioned to the Premises, in good workman -like
manner, The Lessee has the right upon Notice to the Lessor to install
telecommunication services and equipment and Lessor's consent to such
07.166
installation shalt not be unreasonably withheld. The Lessee shall not remove any
fixtures, equipment, or additions which are normally considered to be affixed to
the realty such as, but not limited to, electrical conduit and wiring, panel or circuit
boxes, terminal boxes, partition walls paneling, central air conditioning and ducts,
plumbing fixtures.
E) It is specified that Lessee has not sought or used the services of any broker in
connection with this Lease. Any and all real estate commissions payable to
broker(s) shall be the sole responsibility of the Lessor. Lessor agrees to
indemnify and defend the Lessee against, and hold it harmless from, all liabilities
arising from claims of any broker who alleges the right to commission based upon
having dealt with Lessee (including, without limitations, the reasonable counsel
fees in connection therewith). Any and all real estate commissions payable to
Lessor's broker shall be the sole responsibility of Lessor.
20. PROVISIONS OF DEFAULT:
Should the Lessee default in payment of Rent and such default continues for thirty (30)
days after receipt of Notice thereof by the Lessee, or if the Lessee defaults in any other
non -monetary covenants, and within a period of forty-five (45) days after receipt of
Notice specifying such non -monetary default by the Lessee, has not cured the default or
defaults, or if they cannot reasonably be cured within this period, has not yet begun to
cure such default, the Lessor may at its option, but subject to other provisions of this
Lease, terminate this Lease. Lessor's exercise of its rights under this Lease shall not be
deemed to be equivalent to the Lessor's termination of this Lease, unless and until Lessor
shall specifically give actual notice of termination of the Lease by providing written
notice in accordance with Section 21 of this Lease. In the event of such termination, the
Lessee is responsible for the payment of rental accrued accrued and unpaid to the date of
termination. Thereafter, Lessee shall have no further obligations to make rental payments
hereunder.
If Lessor defaults in the performance of any provision hereof and such default continues
for forty five (45) days after receipt of notice thereof by the Lessee, or if the default
cannot reasonably be cured within this period, then the Lessee may, at its option, but
subject to other provisions of this Lease, terminate this Lease. Lessee, at its option, may
cure the default and Lessor must reimburse Lessee for all expenses within ten (10) days
upon receiving invoice.
Notwithstanding anything set forth within this Lease, in the event of Lessor or Lessee's
default, Lessee or Lessor shall be entitled to pursue any and all remedies available to it at
law or equity, including but not limited to the right of Specific Performance,
21. NOTICES:
All notices, by the Lessor to the Lessee or by the Lessee to the Lessor, shall be given by
certified mail, return receipt requested, hand delivery, or courier, ("Notice") addressed to
the Lessee or Lessor as maybe applicable, at:
07-186 10
Lessee:
City of Miami
City Manager
3500 Pan American Drive
Miami, FL 33133
and a copy to
Lessor:
City of Miami
City Attorne�
444 S.W. 2" Avenue, Suite 945
Miami, FL 33130
City of Miami
Director, Department of Public Facilities
444 S.W. 2° Avenue, 3`d Floor
Miami, FL 33130
Scott R. McNary and Betty M. McNary
170 Shore Dr. South
Miami, FL 33133
or to such other address as either party may designate from time to time. If Notice is
given by hand delivery or courier, Notice shall be deemed served on the date of such
delivery. 1f the Notice is sent via certified mail, Notice shall be deemed served five (5)
business days after the date the Notice is deposited with the U.S. Post Office,
22. CONTINGENCY CLAUSE: Funding for this Lease Agreement is contingent on
the availability of funds and continued authorization for program activities and the Lease
Agreement is subject to amendment or termination due to lack of funds, reduction of
funds and/or change in regulations, upon thirty (30) days written notice.
23. FORCE MAJEURE:
In the event that Lessor or Lessee shall be delayed, hindered in, or prevented from the
performance of any act required hereunder by reason of strikes, lockouts, inability to
procure materials, failure of power, restrictive governmental laws or regulations, riots,
insurrection, default of the other party, or other reason beyond their control, the prevented
party shall provide Notice to the other party, and the performance of such act shall be
excused for the period of the delay and the period for the performance of any such act
shall be extended for a period equivalent to the period of such delay.
24. PARKING:
During the term of the Lease and any extension thereof, Lessor shall provide Lessee, at
no additional cost, with no less than six (6) designated parking spaces for the sole use of
07-186 11
Lessee, Lessee's employees, and those associated with Lessee. These six (6) parking
spaces must conform to all existing governmental codes in effect at the time of
occupancy.
25. ENVIRONMENTAL.
A) Lessor represents and warrants to Lessee that:
1) no Hazardous Materials (as defined below) have been located on the Premises
or have been released into the environment, or discharged, placed or disposed
of at, on or under the Premises;
2) no underground storage tanks have been or are located on the Premises;
3) the Premises has never been used as a dump for any.Hazardous Materials (as
defined below); and
4) the Premises and its prior uses comply with and at all times have complied
with, Environmental Laws (as defined below).
(a) The term "Hazardous Materials" shall mean any substance, material, waste
gas, or particulate matter which at the time of the execution of the Lease
of any time thereafter is regulated by any local governmental authority, the
State in which the Premises is located, or the United States Government,
including but not limited to, any material or substance which is:
(i) defined as a "hazardous material", "hazardous substance",
"extremely hazardous waste", or "restricted hazardous waste"
under any provision of State Law;
(ii) petroleum;
(iii) asbestos
(iv) polychlorinated biphenyl;
(v) radioactive material;
(vi) designated as a "hazardous substance" pursuant to Section 311 of
the Clean Water Act, 33 U.S.C. Sec. 1251 et seg. (33 U.S.C. Sec.
1371);
(vii) defined as a "hazardous waste" pursuant to Section 1004 of the
Resource Conservation and Recovery Act, 42 U.S.C. Sec. 6901 et
seg. (42 U.S.C. Sec. 6903); or
(viii) defined as a "hazardous substance" pursuant to Section 101 of the
Comprehensive Environmental Response, Compensation and
Liability Act 42 U.S.C. Sec. 9601 et seg. (42 U.S.C. Sec. 9601).
(b) The term "Environmental Laws" shall mean all statutes specifically
described in the foregoing sentence and all federal, state, and local
governmental health and safety statutes, ordinances, codes, rules,
regulations, orders and decrees regulating to or imposing liability or
standard concerning or in connection with Hazardous Materials.
07-186 12
5) Lessor hereby indemnifies and shall defend and hold Lessee harmless
from any matter related to the representation and covenants provided herein.
26. RADON GAS:
Radon is a naturally occurring radioactive gas that, when it has accumulated in a building
in sufficient quantities, may present health risks to persons who are exposed to it over
time. Levels of Radon that exceed federal and state guidelines have been found in
buildings in Florida. Additional information regarding Radon and Radon testing may be
obtained from your county health unit.
27. CONFLICT OF INTEREST:
Lessor is aware of the conflict of interest laws of the City of Miami (Miami City Code
Chapter 2, Article V), Dade County, Florida (Dade County Code, Section 2-11.1 et, sea.)
and of the State of Florida as set forth in the Florida Statutes, and agrees that it will
comply in all respects with the terns of said laws and any future amendments thereto.
Lessor covenants that no person or entity under its employ, presently exercising any
functions or responsibilities in connection with this Lease, has any personal financial
interests, direct or indirect, with the City. Lessor further covenants that, in the
performance of this Lease, no person or entity having such conflicting interest shall be
utilized in respect to services provided hereunder. Any such conflict of interest(s) on the
part of Lessor, its employees or associated persons, or entities must be disclosed in
writing to the City.
28, MISCELLANEOUS:
A) This Lease may be amended, modified and changed only by written instrument
signed by the City Manager and the Lessor. The City Commission hereby
authorizes the City Manager to amend or modify this Lease as needed.
B) This Lease shall be construed according to the laws of the State of Florida.
C) Should any portion of this Lease be declared invalid and unenforceable, then such
portion shall be deemed to be severable from this Lease and shall not affect the
remainder thereof.
D) It is expressly understood that this Lease contains all terms, covenants, conditions
and agreements between the parties hereto relating to the subject matter of this Lease,
and that no prior agreements or understandings, either oral or written, pertaining.to
the same shall be valid or of any force and effect, and that the terms, covenants,
conditions and provisions of this Lease cannot be altered, changed, modified or added
to except in writing by all parties hereto.
E) Lessor and Lessee waives a trial by jury of any and all issues arising in any action
or proceeding between the parties hereto, or their successors or assigns, under or
connected with this Lease, or any of its provisions, the relationship of the parties, the
Lessee's use or occupancy of the Property, Lessor's rights thereto, and/or any claim of
07196 13
injury or damage and any emergency statutory or any other statutory remedy, or
otherwise. The parties hereto agree to venue and jurisdiction in Miami -Dade County,
Florida.
F) Should any party or parties hereto institute any action or proceeding in Court to
enforce any provision or provisions hereof, or for damages by reason of any default
under this Lease, or for a declaration of such party's or parties' rights or obligations
hereunder, or for any other judicial remedies, the Court may adjudge reasonable
attorney's fees for the services rendered the party or parties prevailing in any such
action or proceeding.
G) Lessor or Lessee's failure to take advantage of any default hereunder, or breach of
any term, covenant, condition or agreement of this Lease on the part of Lessee or
Lessor to be performed shall not be (or be construed to be) a waiver thereof, nor shall
any custom or practice which may grow between the parties in the course of
administering this Lease be construed to waive or to lessen the right of Lessor or
Lessee to insist upon the performance by Lessee or Lessor of any term, covenant,
condition or agreement hereof, or to exercise any rights given by either of them on
account of any such default or breach. Waiver of a particular default under or breach
of any term, covenant, condition or agreement of this Lease, or any leniency shown
by Lessor or Lessee in respect thereto, shall not be construed as or constitute a waiver
of any other or subsequent defaults under this Lease, or a waiver of the right of either
party to proceed against the other for the same or any other subsequent default under,
or breach of any other term, covenant, condition or agreement of this Lease.
H) Lessor represents that at the Effective Date, Premises will not be in violation of
any building code, environmental regulation or other governmental ordinance or
regulation. Lessor further warrants and represents that it has received no notice of
any such violation.
I) Lessor agrees that the Premises now conform, or that, prior to Lessee's occupancy,
that the Premises shall, at the Lessor's sole cost and expense, be brought into
conformance with the requirements of Section 553.48 F.S., providing requirements
for the physically handicapped.
J) Lessor hereby grants Lessee an easement for ingress/egress, access, parking and
for driveway purposes, for the Premises.
K) Lessor hereby represents and warrants to Lessee that the drinking (faucet) water
at the Premises is available to the degree of the educational code and it is free of all
contaminants and harmful chemicals,
L) Lessor hereby represents and warrants to Lessee that there are no rats, rodents,
termites, insects, or pests of any kind within the Premises. Should Lessee find
evidence of anything to the contrary, Lessor shall immediately rectify the situation by
employing a pest exterminator.
07-186 14
M) This Lease Agreement is the result of negotiations between the parties and has
been typed/printed by one party for the convenience of both parties, and the parties
covenant that this Lease Agreement shall not be construed in favor of or against either
of the parties.
IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals on
the day and year first above written.
Witness:
Witness
Lessor: e I
Betty Iffarie McNary, Owne
(a ssor)
(as to Lessor)
Miami -Dade County )
State of Florida )
Date'
Date s
Betty Marie McNary, as Owner and Lessor of the Pr perty described in the above Lease
Agreement, appeared before me this 6244d day of 2007, and she is
personally known to me�-preduced as identification.
(SEAL)
NOTARY PULl , State of Florida
tiA J. EM
CarmO DD056M
Expires 10115!2010
Florida Notary Asan. Inc
.............................I...........0.
Witness:'
(as to Lessor)
Lessor:
Sc6lt RobeKs McNary, Vn r
Date
Witness: _—LL Date
(as to Lesso
Miami -Dade County
State of Florida
07-186 15
Scott Roberts McNary, as Owner and Lessor of the Property described in the above Lease
Agreement, appeared before me this��day of 2007, and he is
personally known to me or--whcTroduced . as identification.
(SEAL)
§NOTARY
�^ ZBIC, State of Florida
CECILIA J. (iMCM
Com►n0 0008ma
......:::...................................:
07.186 16
.ATTEST: CITY OF MIAMI
a Municipal Co o ti of the
State of Florida
B By:
Priscilla A. Thompson Pedro G. Hernandez
City Clerk City Manager
APPROVED AS TO INSURANCE APPROVED AS TO FORM AND
REQUIREMENTS: ;fRR
By: 0.
LeeAnn R. Brehm, Director zRisk Management Department �V
William W. Bryson, Fire C ief Jo ahralban, USAR
Department of Fire -Rescue artment of Fire -Rescue
07.186 17
EXHIBIT A:
LEGAL DESCRIPTION OF PROPERTY
East Shenandoah PB 14-55 Lots 8 & 9 BLK 51 LOT SIZE
IRREGULAR OR 20307-0547 0302 1
07-186 18
EXHIBIT B:
SITE PLAN OF PREMISES
07-186 19
EXHIBIT "C"; INVENTORY OF FURNISHINGS/EQUIPMENT
4 complete desk sets
1 Granite conference table
10 leather chairs
2 bookshelves
16 file cabinets
2 floor to ceiling supplies cabinets
1 t.v/vcr recorder
4 indoor surveillance cameras
3 outdoor surveillance cameras
1 surveillance recorder
18 wall pictures
5 reception area chairs
2 couches
I waiting room table
2 mini computer stations?
5 secretarial build ins (one is in an office off of Joe's office)
I coffeemaker
1 toaster
1 refrigerator
all phone equipment (extra sets on hand if needed)
07-186 20
EXHIBIT D
Lessee's Tax -Exemption Certificate and Sclf Insurance Letter
To be provided upon document execution
07.186 21