HomeMy WebLinkAboutExhibitAMENDMENT NO. 1 TO THE LEASE AGREEMENT BETWEEN THE CITY OF
MIAMI AND CENTENNIAL EXPRESS, INC.
This Amendment is entered into as of , 2006, [but effective as of
August 31, 2006] by and between Centennial Express, Inc., a Florida corporation (the
"Lessor") and the City of Miami, a municipal corporation of the State of Florida (the
"Lessee"), for the purpose of extending and amending that certain Lease Agreement
between the Lessor and Lessee, dated August 30, 2005 (the "Lease") as set forth herein.
RECITALS:
Whereas, the Lessee entered into a Lease with Lessor for the provision of
approximately 1,326 square feet of warehouse space on the ground floor in the rear portion
of the building located at 1251 NW 36th Street, Miami, Florida (the "Premises") for the
Internal Affairs Division of the Miami Police Department; and
Whereas, the term of the Lease was for one (1) year, terminating on August 30,
2006; and
Whereas, Lessee has two options to extend the term of the Lease for periods of
two (2) years each, under the same terms and conditions of the Lease, with the exception
that the rental amount which was to be negotiated; and
Whereas, Lessee currently occupies the Premises and pays a rental rate of $10 per
square foot ("Rental Rate"), in the amount of $1,105.00 per month; and
Whereas, Lessor and Lessee wishes to enter into this Amendment to extend the
term of the Lease for an additional two year term (the "Extended. Term") and to amend
the Lease to establish the rental rates for the Extended Term(s);
NOW, THEREFORE, in consideration of the foregoing and of the mutual
agreements and covenants of the parties as set forth in the Lease, Lessor and Lessee agree
as follows:
1. Option to Extend: Section 4 of the Lease entitled "Option to Extend" is
amended as follows:
"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 two (2) years. Said options to be exercised by
Lessee giving Lessor notice of its election to extend the term of this Lease
no later than four (4) months prior to the expiration of the then current
term. Lessor shall respond of its acceptance to extend the term within
thirty (30) days from the date of receipt of Lessee's notice, at such time
The parties agree to extend the Lease for two (2) years commencing on
August 31, 2006 and terminating on August 30, 2008 ("First Extended
Term'). For this first Extended Term, the parties hereby waive the above
provision of this Lease which required the Lessee to give notice to the
Lessor of its election to extend the term of the Lease no later than four (4)
months prior to the expiration of the current term."
2. Amount of Rent and Manner of Rent Payment: Section 3 of the Lease entitled
"Amount of Rent and Manner of Rent Payment" is amended by adding a second clause to
Subsection A:
"The Rental Rate for the first Extended Term shall be $13.79
per square foot. Currently, Lessee occupies 1,326 square feet
of the Premises therefore the total monthly rental is in the
amount of $18, 285.54. Said Rental Rate shall be adjusted bi-
annually (once every two years) so as to coincide with the
subsequent Extended Term(s),. Lessee agrees to pay Lessor an
increase in the Rental Rate which shall be calculated as the
lesser of 1) six percent (6%) 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) (hereinafter 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 (a) the CPI two (2)
months prior to the beginning of the Extended Term for which
the adjustment is to be made, minus (b) the CPI published two
(2) months immediately prior to the preceding lease year (the
"Comparison Year'), and the denominator is the same as (b)
above.
3. Governing Conditions: Except as specifically provided herein, all of the terms
and provisions of the Lease shall remain in effect.
In Witness Whereof, the parties hereto have executed this Amendment No. 1 to the
Lease as of the day and year first above written.
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LESSOR:
Attest: Centennial Express, a Florida corporation.
Corporate Secretary
Print Name
Attest:
By:
Priscilla A. Thompson, City Clerk
APPROVED AS TO FORM
AND CORRECTNESS:
By:
Jorge L. Fernandez, City Attorney
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By:
President
Print Name
LESSEE:
City of Miami a municipal corporation
of the State of Florida
By:
Pedro G. Hernandez, City Manager
APPROVED AS TO INSURANCE
REQUIREMENTS:
By:
LeeAnne Brehm
Director, Risk Management