HomeMy WebLinkAboutExhibitLEASE AGREEMENT
This Lease Agreement (the "Lease Agreement' or "Lease") is made and entered into in Miami -Dade County,
Florida, this day of , 2010, by and between Golden Sands Allapattah Corp., a
Florida Corporation (hereinafter called, "Lessor"), and the City of Miami, a municipal corporation of the
State of Florida (hereinafter called "Lessee"). The terms "Lessor" and "Lessee" are intended to include the
successors and assigns of the original parties and the heirs, legal representatives, successors and assigns of
the respective persons who from time to time are Lessor and Lessee, wherever the context of this Lease so
requires or admits.
Witnesseth
That the Lessor, for and in consideration of the rents herein reserved to be paid by the Lessee, for and in
consideration of the covenants to be kept and performed by the Lessee does hereby lease, let and demise
unto the Lessee, a space consisting of approximately 9,000 square feet, as shown in Exhibit "A" (the
"Premises"), on the fifth Floor in the office building, situated in Miami -Dade County, Florida, more
particularly described as Bank of America Building, 1313 N.W. 36th Street, Miami, Florida 33142, with a
legal description as shown in Exhibit "B" (the "Building").
1. ACCEPTANCE OF DEMISE BY LESSEE:
The Lessee, in consideration of the demise of said Premises by the Lessor, and for the further
considerations herein set out, has rented, leased and hired, and does hereby rent, lease and hire the said
Premises from the Lessor, on the terms and conditions hereinafter stated.
2. DURATION OF TERM:
A) The Lease Term and duration of this Lease shall be for a period of One (1) year (the "Lease
Term" or Term"), commencing upon April 1, 2010 (the "Effective Date").
3. AMOUNT OF RENT AND MANNER OF PAYMENT:
A) The Lessee shall pay unto the Lessor for the primary Term of this Lease Fifteen Dollars and
Twenty-five cents ($15.25) per square foot (the "Rental Rate") or Eleven Thousand Four Hundred
Thirty -Seven Dollars and 50/100 per month (the "Gross Rent" or "Rent'). The term "Gross Rent" or
"Rent" more specifically refers to all rent due to Lessor by Lessee inclusive of base rent, insurance,
real estate taxes, maintenance, repairs, security, utilities, administrative fees, and all other
expenses related to the rental of the Premises, with the exclusion of janitorial services and
overtime air conditioning usage. At the present square footage of 9,000 square feet, the total
monthly rental payment will be $11,437.50.
B) The monthly rent shall be payable on the first day of each month, without notice, commencing
on the Effective Date.
C) Payments are to be made payable to:
Golden Sands Allapattah Corp.
2500 N.W. 39th Street
Miami, Florida 33142
D) In the event the Term of this Lease commences on a day other than the first day of a calendar
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month, then upon the Effective Date hereof, Lessee shall pay Lessor a pro rata portion of a full
month's rent, determined by multiplying said month's rent by that amount obtained by dividing
the number of days from the date of Effective Date of the next succeeding calendar month by the
number of days in the month in which the Term of this Lease commences.
E) If Lessee requires air conditioning usage after 6:00 PM and before 7:00 AM on weekdays and on
Saturday, Sundays and Holidays, there will be an overtime air conditioning usage per hour charge
of $15.00 for High Voltage Air Conditioning ("HVAC").
F) The Rental Rate for the first extended term(s) shall be adjusted. Lessee agrees to pay Lessor an
increase in the Rental Rate which shall be calculated as the lesser of 1) three percent (3%) of the
previous extended term's rental rate or 2) the increase in the Consumer Price Index as published
by the United States Department of Labor, Bureau of Labor Statistics, Consumer Price Index, US
City Average for all Urban Consumers, Seasonally Adjusted Miami -Ft. Lauderdale, All Items (1982-
84=100) (the "CPI"). The CPI increase shall be calculated by multiplying the Rental Rate at the end
of the preceding lease year by a fraction, which numerator shall be the difference in (i) the CPI two
(2) months prior to the beginning of the extended term for which the adjustment is to be made,
minus (ii) the CPI published two (2) months immediately prior to the preceding lease year (the
"Comparison Year"), and the denominator is the same as (ii) above.
4. OPTION TO EXTEND:
A) Provided no default then exists, or if a default does exist, 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 options to renew this Lease for two
(2) successive terms of one (1) year each, upon the same terms and conditions set forth in this
Lease. Said options to be exercised by Lessee giving Lessor notice of its election to extend the
term of this Lease no later than three (3) months prior to the expiration of the then current term.
Upon the Lessee exercising its option, the Lease Term shall be deemed to include the option
period.
5. USE:
A) The Lessee shall use and occupy the Premises for offices of the Internal Affairs Division of the
Miami Police Department. 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.
B) That Lessee will not occupy or use said Premises, nor permit the same to be occupied or used
for any activity which is unlawful. That it will comply with all lawful requirements of the Board of
Health, Police Department, Fire Department, Municipal, County, State and Federal authorities
respecting the manner in which it uses the Premises.
C) Lessee shall not use the interior and/or exterior portion of the Premises so as to cause any
noise, noxious odors, accumulation of waste and garbage, vibrations, damage or any other distur-
bance or nuisance whatsoever which may create undue annoyance or hardship to another tenant
of the Lessor, and/or to the Lessor and/or a hazard or element of waste to Lessor's property.
D) Lessee shall not make any change to the exterior and/or interior portion of the Building 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 Building.
Although the Premises is intended to include the exterior walls and parking spaces, as per Exhibit
"B", the Lessee covenants that it shall not use the exterior portion of the Premises except for
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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. The Lessee shall not
cause the access street or entrances to the Building to be unnecessarily blocked so as to cause any
disruption of traffic.
E) Lessor hereby grants to Lessee the non-exclusive right to use, in common with Lessor and other
tenants of the Building, the portions of the Building intended to be for common use, including but
not limited to, parking areas, roads, streets, drives, tunnels, passageways, landscaped areas, open
and enclosed malls, interior and exterior ramps, elevators, walks and arcades, if any (herein
collectively referred to as "Common Area" or "Common Areas").
6. CONDITION OF PREMISES AT TERMINATION:
Upon the expiration or earlier termination of the Lease, Lessee will quit and surrender the Premises in a
good and substantial state of repair, reasonable wear and tear excepted. However, Lessee shall not be
obligated to repair any damage, which Lessor is required to repair under Section 17 (B).
7. 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 Gross Rent shall be the same Gross Rent as the last in effect. All provisions of this lease applicable to
such tenancy shall remain in full force and effect.
8. SIGNS:
Despite the terminology contained in this Lease Agreement, signs shall not be erected and/or attached to
any portion of the Building 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.
9. REPAIRS:
A) The Lessor will keep the Premises, Building, Common Areas and the improvements placed
therein in a good state of repair, and it will be responsible for all repairs including, but not limited
to, the painting, maintenance and repairs to the interior of the Premises including all windows,
doors and openings, all electrical, light bulbs and ballasts, plumbing, fixtures and other systems
installed within the Premises. However, any repairs necessitated by the negligence or willful
misconduct of Lessee and Lessee's agent or repairs necessitated for above normal wear and tear
will be repaired by Lessor and the Lessor shall have the right to recoup the cost of such repairs by
showing Lessee evidence of the Lessee's negligence or willful misconduct or above normal wear
and tear. It is further intended that the Lessor will maintain the Building including, but not limited
to, the exterior masonry of the Building, existing rough plumbing, electrical service, elevators, the
roof, and Common Areas.
B) In order to minimize any disruption to Lessee's use of the Premises, Lessor shall notify Lessee
no less than 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 he deems necessary to maintain the integrity of the Building. 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.
11. UTILITIES:
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Lessor represents and warrants that water, sanitary sewers, storm sewers, electric current, gas and
telephone facilities sufficient to accommodate Lessee's business are, or will be, available at the Premises on
or before the Effective Date. Lessor shall pay for all water, gas, electricity and other utilities serving the
Premises with the exclusion of telephone and overtime usage of air conditioning.
12. COVENANTS OF THE LESSEE:
A) The Lessee hereby covenants and agrees with the Lessor as follows:
1) That the Lessee takes all risk of any damage to Lessee's property that may by reason of
water or the bursting or leaking of any pipes or waste water about said Premises, or from
any act of negligence of any co -tenant or other occupants of the Building, or of any other
person, or fire, or hurricane, flooding or other acts of God, or from any cause whatsoever,
including loss or damage as a result of thefts, except for losses or damages caused by the
Lessor's negligence.
2) The Lessee is tax exempt, and shall provide upon request a copy of such exemption
certificate to the Lessor.
B) The Lessee shall pay for the following:
1) All occupational licenses and other licenses necessary in the operation of the business
to be carried on in the Premises.
2) All janitorial services and supplies for the Premises.
13. 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 of
the Building herein above described and that it has good and marketable title, and the full right to
lease the same for the term aforesaid.
B) That Lessor will put the Lessee in actual possession of the Premises on the Effective Date.
C) That Lessor will keep the Building 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.
D) Lessor shall pay, prior to delinquency, real estate taxes and assessments which may be levied or
assessed upon the Building improvements subsequent to the Effective Date.
E) The Lessor further covenants that Lessor will keep the Premises, the exterior, the Common
Areas and the Building, in good repair.
F) The Lessor shall provide, at no cost to the Lessee, a dumpster for regular office debris.
14, 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
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limiting any of its rights, Lessee may terminate and cancel this Lease upon ten (10) days Notice to Lessor in
the event that enjoyment or use of the Premises is prohibited contrary to the previous provisions.
15. LESSOR'S INSURANCE:
That the Lessor will, during the Lease Term, and any extensions thereof, and at its own expense, carry fire
and extended coverage insurance on the completed real estate improvements of the Building to the full
insurable value. Lessor acknowledges that Lessee is self-insured for general liability, and that a certificate of
insurance will not be provided nor can the Lessor be named as additional insured. Lessee agrees to defend
all claims brought against the Lessee due to the Lessee's use of the Premises; provided, however, that such
defense shall be subject to the immunities and limitations included within Florida Statutes, Section 768.28.
16. RESTRICTED TO EMERGENCIES:
Lessor shall not be allowed on the Premises, except in case of emergency. In case of emergency, Lessor shall
notify Lessee prior to entry and Lessee shall accompany Lessor onto the Premises. Lessor and Lessee
stipulate that this provision results from the nature of the leasehold and the use of the Premises by Lessee.
17. INDEMNIFICATION:
Lessor agrees to indemnify, defend and hold harmless Lessee, its subtenants and assignees, from and
against any and all debts, liens, claims, causes of action, administrative orders and notices, costs (including,
without limitation, response and/or remedial costs), personal injuries, losses, damages, liabilities, demands,
interest, fines, penalties and expenses, including reasonable attorney's fees and expenses, consultants' fees
and expenses, court costs and all other out of pocket expenses, suffered or incurred by Lessee or its
subtenants and assignees as a result of:
A) the breach of any of the representation and warranties set forth herein; and
B) any occurrence, matter, condition, act or omission involving Environmental Laws or Hazardous
Materials which existed on or arose prior to commencement of the lease term and which failed to
comply with the Environmental Laws in effect as of that date or any existing common law theory
based on nuisance or strict liability in existence as of that date, regardless of whether or not Lessor
had knowledge of same as of that date.
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 be entitled to an
abatement of Gross Rent.
18. 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 improvements in the Building shall be partially damaged by fire or other casualty
but not rendered unrentable, the same shall be repaired with due diligence by the Lessor, and at
Lessor's expense. If the Premises shall be damaged by fire, the elements or unavoidable casualty,
leaving more than 60% of leased floor space usable for Lessee's purposes, and rendering the Pre-
mises unfit for occupancy, the Lessor and Lessee shall both have the option of terminating this
lease within thirty (30) days from the date of the casualty by providing notice to the other party.
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 the Premises are
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rendered untreatable, 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, untreatable or under repair.
B) 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 counter-
parts, each of which said counterpart, when executed, shall be deemed to be an original hereof.
C) 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, equipment and security equipment and
Lessor's consent to such installation shall 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, etc.
19. PROVISIONS OF DEFAULT:
A) By Lessee: If the Lessee defaults in any rent payment required by this Lease and such default
continues for thirty (30) days after receipt of Notice thereof by the Lessee, or if the Lessee defaults
in any of its other covenants, and within a period of forty-five (45) days after receipt of Notice
specifying such 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. In the event of such
termination, the Lessee is responsible for the payment of rental installments accrued and unpaid
to the date of termination. Thereafter, Lessee shall have no further obligations to make rental
payments hereunder.
B) Notwithstanding anything set forth within this Lease, in the event of Lessor's default, Lessee
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.
20. NOTICES. All notices by the Lessor to the Lessee shall be given by certified mail, return receipt
requested, hand delivery, or courier, ("Notice") addressed to the Lessee at:
City of Miami
City Manager
444 S.W. 2"d Avenue, 10th Floor
Miami, FL 33130
and a copy to
City of Miami
Director of Public Facilities Department
444 S.W. 2nd Avenue, 3'd Floor
Miami, FL 33130
Golden Sands Allapattah Corp.
Attn: Peter Fedele, President
2500 N.W. 39th Street
Miami, FL 33142
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and a copy to
City of Miami
City Attorney
444 S.W. 2"d Avenue, Suite 945
Miami, FL 33130
and a copy to
Miami Police Department
Attn: Police Chief
400 N.W. 2"d Avenue
Miami, FL 33131
or to such other address as the Lessee may from time to time give the Lessor. If Notice is given by hand
delivery or courier, Notice shall be deemed served on the date of such delivery. If 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.
21. SPECIAL PROVISION:
Lessee is leasing space for the Internal Affairs Division of the Miami Police Department and the rental of
Internal Affairs office space is contingent upon the availability of funds. Lessee is hereby granted a special
provision for a reduction in total square footage rental if funding allocations are reduced in any year of this
lease. This special provision is granted in recognition of the fact that the budgets are primarily of a one-
year duration and are subject to renewal. Lessee will be granted the option of reducing the square footage
of this lease, without penalty, to insure continued services within a reduced budget. Lessee agrees to notify
the Lessor three (3) months in advance of a projected reduction in funding that would necessitate re-
negotiating the total square footage to be leased for the subsequent year. Lessee will, additionally, have
the responsibility of providing documentation for the Lessor of the reduction in funding that is necessitating
a reduction in square footage.
22. LESSEE'S RIGHT TO TERMINATE:
Separate and apart from all other rights granted to Lessee to terminate this Lease, the Lessee shall have the
right at any time to terminate this Lease by giving the Lessor at least ninety (90) days Notice if the program
shall be deemed to be discontinued at this location. Upon any such termination, this Lease shall terminate
as though the termination were the date originally fixed as the end of the term.
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, restrictive
governmental laws or regulations, riots, insurrection, , 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:
Through -out the term of the lease and any extension thereof, Lessor shall provide Lessee with no less than
thirty-five (35) reserved parking spaces, for the sole use of Lessee, Lessee's employees, and those
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associated with Lessee. These parking spaces, as shown in Exhibit "C", will be clearly marked "City of
Miami" and shall have tow away signs stating that unauthorized parked cars will be towed at owner's
expense.
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 have 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).
(ix) 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.
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.
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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. seg.) and of the State of Florida as set forth in
the Florida Statutes, and agrees that it will fully comply in all respects with the terms 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 Agreement, has any personal financial
interests, direct or indirect, with the City. Lessor further covenants that, in the performance of this
Agreement, 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.
B) This Lease shall be construed according to the laws of the state of Florida. The venue for any
litigation to this Lease shall be Miami -Dade County, 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) 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 to be reasonable attorney's fees and court costs for the services
rendered to the party or parties prevailing in any such action or proceeding.
F) 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.
G) Lessor represents that the Premises are not currently 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.
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H) 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 per
American with Disabilities Act ("ADA") compliance.
1) Lessor hereby grants Lessee an easement for ingress/egress, access, parking and for driveway
purpose of the Premises.
J) Lessor hereby represents and warrants to Lessee that there are no tenants in the Building or
other parties, who have leases or agreements which prohibit, restrict or interfere with the use by
Lessee, its employees or invitees, of the Premises or Common Areas. Nor will Lessor enter into any
such lease or agreement.
K) Lessor hereby represents and warrants to Lessee that the drinking 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 evidence anything to the contrary,
Lessor shall immediately rectify the situation by employing a pest extermination contractor, at
Lessor's sole cost and expense, at such reasonable intervals as to keep the Premises free from such
pests.
M) This Lease Agreement is the result of negotiations between the parties and has been
typed/printed by one parry 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.
30. Waiver Of Jury Trial:
The parties hereby knowingly, irrevocably, voluntarily and intentionally waive any right either may have to a
trial by jury in respect to any action, proceeding or counterclaim based on this Agreement, or arising out of,
under or in connection with this Agreement or any amendment or modification of this Agreement, or any
other agreement executed by and between the parties in connection with this Agreement, or any course of
conduct, course of dealing, statements (whether verbal or written) or actions of any party hereto. This
waiver of jury trial provision is a material inducement for the Lessor and Lessee entering into this Lease
Agreement.
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In Witness Whereof, the parties hereto have hereunto set their hands and seals on the day and year first
above written.
Lessor:
Peter Fedele, President, Golden Sands Allapattah Corp.
Witness:
(as to Lessor)
Dated and executed by the City as of
ATTEST:
By:
Priscilla A. Thompson, CMC
City Clerk
APPROVED AS TO INSURANCE
REQUIREMENTS:
By:
LeeAnn Brehm, Director
Risk Management Department
Date
2010.
CITY OF MIAMI,
a Municipal Corporation of the
State of Florida
By:
Pedro G. Hernandez
City Manager
APPROVED AS TO FORM AND
CORRECTNESS:
By
Julie O. Bru
City Attorney
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