HomeMy WebLinkAboutApplication & Supporting DocsHEARING BOARDS
444 SW 2nd Avenue, 7th Floor • Miami, Florida 33130
Telephone 305-416-2030 • Fax 305-416-2035
www.miamigov.com/hearing boards
PUBLIC HEARING APPLICATION FOR A
SPECIAL EXCEPTION
Welcome to Hearing Boards! This application is intended to serve as a guide in acquainting
you with our public hearing process. By any means, please feel free to contact us at the number
above, should you have any questions.
CITY OF MIAMI ORDINANCE NO. 11469, CODIFIED IN CHAPTER 2, ARTICLE VI OF THE CITY
CODE STATES THAT ANY PERSON WHO RECEIVES COMPENSATION, REMUNERATION OR
EXPENSES FOR CONDUCTING LOBBYING ACTIVITIES TO REGISTER AS A LOBBYIST WITH
THE CITY CLERK, PRIOR TO ENGAGING IN LOBBYING ACTIVITIES BEFORE CITY STAFF,
BOARDS, COMMITTEES AND THE CITY COMMISSION. A COPY OF SAID ORDINANCE IS
AVAILABLE IN THE OFFICE OF THE CITY CLERK (MIAMI CITY HALL), LOCATED AT 3500
PAN AMERICAN DRIVE, MIAMI, FLORIDA, 33133. Copies of lobbyist documentation with
proof of payment must be submitted with the complete application.
The deadline to file the complete application with supporting documents is the first five working
days (1-5) of each month from 8:00 am until 3:00 pm, and on the fifth day, at 12:00 pm. The
responses to this application must be typed and signed in black ink. Please note that pursuant
to Section 1304.2.2 of the Miami Zoning Ordinance, no application shall be deemed to have been
filed unless and until the applications shall have been completed. All pertinent and accurate
information/documentation; i.e., the plans, reports, exhibits, shall be presented at the time of filing,
in addition to the paid receipt. The applicant is responsible for the accuracy of the information
contained in the application and all supporting materials. If you like, you could bring the materials
to our office for staff review before the deadline to ensure the application is complete. Upon
submittal, this application must be accompanied with a signed Zoning Referral.
You will be responsible, if needed, to bring an interpreter for the English language to any
presentation before city boards, committees and the city commission. A valid power of attorney
will be required if neither applicant or legal counsel representing the applicant execute the
application or desire to make a presentation before - city boards, committees and the city
commission.
An additional fee to record Zoning Board resolutions will be charged and it is determined
contingent upon fees charged at the time of recordation by the Miami -Dade County Recorder's
Office at 22 NW First Street, First Floor. Upon arrival, ask for a certified copy. Please have the
original recorded document mailed to the address above and. bring the certified copy to our office.
Copies of City Commission resolutions can be obtained at our website through the "Legislative
Hub", or for certified copies, contact the City Clerk's Office at 305-250-5360.
Applications given to customers do not constitute action from the City of Miami without
plans review and written comments from the Office of Zoning.
Rev. 09-20-06
Within the City generally, or within certain zoning districts, certain structures, uses, and/or
occupancies specified, are of a nature requiring special and intensive review to determine
whether or not they should be permitted in specific locations, and if so, the special limitations,
conditions, and safeguards, which should be applied as reasonably necessary to promote the
general purposes of the Zoning Ordinance and, in particular, to protect adjoining properties and
the neighborhood from avoidable potentially adverse effects. It is further intended that the
expertise and judgment of the Miami Zoning Board be exercised in making such determinations,
in accordance with the rules, considerations and limitations relating to Special Exceptions (see
Article 16 of the Zoning Ordinance).
NANCY TERMINELLO, As AT°PQ Hy FOR VLADA LOUNGE IIAMI, LLC
hereby apply to the Miami Zoning Board for approval of a Special Exception for the property
located at 3215 N.Em 2ND AVENUE MIAMI, FL 33137
folio number
1. The property/location listed does not have any open code enforcement/lien violations.
2. One (1) original survey prepared by a State of Florida registered land surveyor within six (6)
months from the date of application.
3. One (1) original 24x36" plan, signed and sealed by a State of Florida registered architect or
engineer showing property boundaries and proposed structure(s), parking, landscaping, etc.;
building elevations and dimensions and computations of lot area and building spacing.
4. Original plan needs to be stamped, dated and initialed by Hearing Boards designee first and
then by (1) Public Works on the 8th Floor, (2) Zoning on the 4th Floor and (3) Planning on the 3rd
Floor, prior to submittal. Note: Plans are to be submitted to Zoning for first time review starting
from the 8th through the 20th of each month. Zoning will not be accepting first-time review plans
after the 2O" day of the month.
5. After obtaining signatures from the above departments, two (2) 11x17" and one (1) 8'/zx11"
copies of the original plan, including the survey.
6. At least two photographs that show the entire property (land and improvements).
7. A clear and legible copy of the recorded warranty deed and tax forms of the most current year
that shows the present owner(s) and legal description of the property.
8. A clear and legible copy of the subject property address and legal description on a separate
sheet of paper, labeled as "Exhibit A" to coincide with the current survey's legal description.
9 Affidavit and disclosure of ownership of all owners and contract purchasers of the subject
property (see pages 4 and 5).
Certified list of owners of real estate within 500 feet of the subject property (see pages 6 and 7).
11. What is the acreage of the project/property site?
12. What is the purpose of this application/nature of proposed use?
SPECIAL EXCEPTION FOR BAR/LOUNGE WITH SALE OF BEER,WINE, AND LIQUOR (STATE OF FLORIDA
SEKIES 4 coF QUOTA ALCOHOLIC BEVERAGE LICENSE TO 3:OOA.M.
Rev. 09-20-06 2
13. is the property within the boundaries of a historic site, historic district or archeological zone?
Please contact the Planning Department on the 3`d Floor for information. NO
14. is the property within the boundaries of an Environmental Preservation District? Please contact
the Planning Department on the 3`d Floor for information. NO
15. For corporations and partnerships indicated, the following documents are to be submitted:
a) Articles of incorporation;
b) Certificate from Tallahassee less than one (1) year old showing good standing;
c) Corporate Resolution or a Power of Attorney signed by the secretary of the Corporation
authorizing the person who signed the application to do so;
d) Non-profit organizations: A list of Board of Directors less than one (1) year old.
16. Cost of processing according to Section 62-156 of the Miami City Code*:
a. Special Exception requiring automatic City Commission review
b. Special Exception
c. Extension of time for Special Exception
d. Nonsubstantial modification
Public hearing and public meeting mail notice fees,
including cost of handling and mailing per notice
$ 2,000.00
$ 800.00
$ 500.00
$ 400.00
$ 3.50
Surcharge equal to applicable fee from item above, not to exceed eight hundred dollars
($800.00) except from agencies of the city; such surcharge to be refunded to the
applicant if there is no appeal from the applicant or a property owner within five hundred
(500) feet of the subject property.
*Pursuant to Ordinance 12719, al! planning and zoning fees in excess of $25,000.00, shall be
paid in the form of a certified check, cashier's check, or money order.
Signature
Name
NANCY TERMINELLO, Esq.
Address
Telephone 305-444-5002 E-mail
TERMINELLO & TERMINELLO, P.A.
2700 S.W. 37TH AVENUE
MIAMI, FL 33133
NANCY@TFRMTNFLLO COM
The application submittal date is the date stamped by Hearing Boards' staff on the front
,page.
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
T e foregoing was acknowledged before me this day of
20 V' ,by NANCY TERMINELLO, AS ATTORNEY FOR VLADA LOUNGE MIAMI, LLC
who is a(n) individual/partner/agent/corporation of a(n)
individual/partnership/corporation. He/She is personal! known o me or who has produced
as identification and who did (did not) tkp an oath.
r
(Stamp)
Rev. 09-20-06
�oaaw......esaas.•mess ¢�r�a iraa •sass sasses•® a a
MONICA M. ANDERSON
�µllu4
fires 121/2011
R ma.
Signature
AFFIDAVIT OF AUTHORITY TO ACT
Before me, the undersigned, this day personally appeared NANCY TERMINELLO,Esq.
who being by me first deposes and says:
?. That We, is the owner, or 't _L representative of the ownesubmitting the
accompanying application for a public hearing as required by the Code of the City of
Miami, Florida, affecting the real property located in the City of Miami, as described and
listed on the foregoing pages of this affidavit and made a part thereof.
2. That all owners who h represents, if any, have given hi II and complete
permission for him/her to act in hi behalf for the change or modification of a
classification or regulation of zoning as set out in the foregoing petition, a including or
❑ not including responses to day to day staff inquires.
3. That the foregoing pages are made a part of this affidavit contain the current names,
mailing addresses, telephone numbers and legal descriptions for the real property of
which he/she is the owner or legal representative.
4. The facts as represented in the application and documents submitted in conjunction
with this affidavit are true and correct.
Further Affiant sayeth not.
NANCY 1.R'fINELLO, Esq. ON BEHALF
Applicant(s) Name
OF APPLICANT Vlada LOUNGE MIAMI, LLC
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
Applicant(s) Signature
The foregoing was acknowledged before me this day of _
20 , by NANCY TERMINELLO, AS ATTORNEY FOR VLADA LOUNGE MIAMI, LLC
who is a(n) individual/partner/agent/corporation of
a(n) individual/partnership/corporation. He he s ersonal
has produced as identification and who did (did not) take an oath.
(Stamp)
MONICA M.ANDERSON
,•,""," Cor'rmm# UO0714380
z,'71c f'" p res 212112091
Rev. 09-20-05 '�','�a'a � Florida Notary Assn., Inc ' 4
s sepJt. nts� �eaa�a saaa�ca aaa a�
Signature
or who
DISCLOSURE OF OWNERSHIP
1. List the owner(s) of the subject property and percentage of ownership. Note: The
Miami City Code requires disclosure of all parties having a financial interest, either
direct or indirect, with respect to a presentation, request or petition. Accordingly,
disclosure of shareholders of corporations, beneficiaries of trusts, and/or any other
interested parties, together with their address(es) and proportionate interest are
required. Please supply additional lists, if applicable.
Owner's Name(es) TENANT: VLADA LOUNGE MIAMI.. LLC
Subject Property Address(es) 3215 E. 2ND AVENUE MIAMI, FL 33137
Telephone Number 305_444_SW17
E-mail Address NANCY@TERMINELLO.COM
-C.
2. Street address and legal description of any property owned by any and all parties listed
in answer to question #1 located within 500 feet of the subject property. Please supply
additional lists, if applicable.
Street Address
NANCY TERMINELLO Esq.
Owner(s) or Attorney Name
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
Legal Description
L_, 2. ;4.1.14k- 47,-4)r 3
B..
.or1 i 4
pe-r Vim.
At cc.
Owner s) or Attorney Signature
The foregoing was acknowledged before me this /` day of
20 0 ,by NANCY TERMINELLO, AS ATTORNEY FOR VLADA LOUNGE MIAAMI, LLC
who is a(n) individual/partner/agent/corporation of
a(n) individual/partnership/corporation. He/is personally._known to me or who
has produced as identification and who did (did nqt) take an oath.
(Stamp)
MONICA M. ANDERSON E.
,pill!,!!! S
. Ya; /' Comm# D00714380
4 � ' Expires 2121/2011
# Florida Notary Assn., is�c
1�.�¢h�ll9.El..9 MSW93s HY9@RW}®8f.e6ffiRER3E9®89l1�
Rev. 09-20-06
Signdture
I
Feb 04 08 0224p
darts b sutt n
305-93G-9109
1
1
DISCLOSURE OF OWNERSHIP
List the ovvner(s) of the subject property and percentage of ownership. Note: The
Miami City Code requires disclosure of all parties having a financial interest, either
direct or indirect, with respect to a presentation, request or petition Accordingly,
disclosure of shareholders of corporations, beneficiaries of trusts and/or any other
interested parties, together with their address(es) and proportionate interest are
required. Please supplY additionlists, if applicable.
Owner's Narne(es}
Subject Properly Address(es)
Telephone Number
E-mail Address
2. Street address and legOl description of any property owned by any and all parties listed
in answer to question # located ithin 500 feet of the subject property. Please supply
additional lists, if applicable. N
Street Address
Owner(s) or Attorney Name Owner(s) or Attorney Signature
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
20 by C.,,),RA.1 ,
The foregoing was aknowledged before me this day of
41,
TL
who is a(n) Indiviclual/pOrtneriagenticorporation of
a(n) individuaypartnerihipicorporation. He/She is personally known to me or who
has produced Mik ti-iVetl-:) as identification and who
id not) take an oath.
Stamp)
FtQv. 09-20-
/Signa re
rnatiof Map
Page i o31
My Home
Miami -Dade County, Florida
Property Information Map
Digital Orthophotography - 2006 0 120 ft
This map was created on 2/5/2008 12:09:49 PM for reference purposes only.
Web Site O 2002 Miami -Dade County. All rights reserved.
EXHIBIT
«A„
Summary Details:
Folio No.:
01-3230-010-0010
Property:
3221 NE 2 AVE
Mailing
Address:
NORMAN PURCEL &
DORIS B SUTTIN
18901 NE 29 AVE #101
AVENTURA FL
33180-2868
Profii information:
Primary Zone:
6100 RESTRICTED
COMMERCIAL
GLUC:
0011 RETAIL
Beds/Baths:
0/0
Floors:
1
Living Units:
0
Adj Sq Footage:
14,061
Lot Size:
32,145 SO FT
Year Built:
1941
Legal
Description:
ELWOOD COURT PB 9-
181 LOTS 1 & 2 &
W2OFT LOT 3 BLK 1 &
LOTS 1 & 2 BLK 4 &
PRIVATE ALLEY LYG
BETW PB 11-47 OR
17282-2512 0796 5
ADDRESS OF SUBJECT: 3215 — 3221 / NE / 2ND / AVE /
Sale Information:
Sale O/R:
106490016
Sale Date:
111980
Sale Amount:
$329,700
Assessment Information:
Year:
2007
2006
Land Value:
$3,407,370$2,893,050
Building Value:
• $10,000
$10,000
Market Value:
.$3,417,370
$2,903,050
Assessed Value:
$3,417,370/$2,903,050
$0
$0
Total Exemptions:
Taxable Value:
$3,417,370
$2,903,050
Page 1 of 1
har://2isims2.ca.miami-dade.fl.us!MyHotne/printmap.asp?mapurl=http:// isimsImiamidad..a 2/5/2008
BUSINESS LEASE
This agreement entered into on this day of JANUARY, 2008
is by and between PURCEL & SUTTIN hereinafter called LANDLORD, and VLADA LOUNGE MIAMI
LLC, a Florida limited liability company, herein after called TENANT, for the building space located at
3215 NE 2ND AVE., MIAMI in DADE county in the state of Florida.
TERM TO HAVE AND TO HOLD said premises for the term of 60 months beginning FEBRUARY 1,
2008, and ending JANUARY 31, 2013 at and for the agreed rental, payable to and at the office of
Landlord as follows:
For the first twelve (12) consecutive months commencing FEBRUARY 1, 2008, through JANUARY
31, 2009 Tenant shall pay Landlord the sum of $3333.33 per month, plus a minimum of $1100.00 projected
per month for insurance and tax escrow for a total of T4433.33 per month.
For the second twelve (12) consecutive months commencing FEBRUARY 1,2009, through JANUARY
31,2010 Tenant shall pay Landlord the sum of 3566.66 per month, plus a minimum of $1100,00 projected per
month for insurance and tax escrow for a total of .} 4666.66 per month..
For the third twelve (12) consecutive months commencing FEBRUARY 1, 2010, through JANUARY 31,
2011, Tenant shall pay Landlord the sum of $ 3816.33 per month, plus a minimum of $1100.00 projected per
month for insurance and tax escrow for a total of $4918.33 per month.
For the fourth twelve (12) consecutive months commencing FEBRUARY 1, 2012, through JANUARY 31,
2012, Tenant shall pay Landlord the sum of $4083.47 per month, plus a minimum of $1100.00 projected per
month for insurance and tax escrow for a total of $5183.47 per month.
For the fifth twelve (12) consecutive months commencing FEBRUARY 1, 2012 through JANUARY 31,
2013 Tenant shall pay Landlord the sum of 4369.31 per month, plus a minimum of $1100.00 projected per month
for insurance and tax escrow for a total of $5469.31 per month.
Tenant shall also pay at the same time and place as the rental installments, the common area cleaning,
sewer & water and such Florida State Sales Tax and other such applicable taxes due on rentals either city, state,
county or federal as may be in effect from time to time and any special assessments.
At the signing of the lease, Tenant shall pay the February rent and applicable sales tax for the amount of ;
$4743.66
Notwithstanding the above, rent for February, 2008, is hereby waived. For March, 2008, the base rent of
$3333.33 shall be waived, but Tenant shall pay tax & insurance escrow, trash, water, sewer & common
area cleaning and sales tax.
SECURITY: 1. Tenant, concurrently with the execution of this lease pays:
$20,000.00
Page 1
acknowledged by Landlord, which sum shall be retained by Landlord as security for the payment by Tenant of the
rents 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 the Landlord, at the Landlord's option, may at any time apply said sum or any part
thereof toward the payment of the rents and all other sums payable by Tenant under this Lease and towards the
performance of each and every of Tenants covenants under this Lease, but such covenants and Tenants liability
under this Lease shall thereby be discharged only pro rata, that Tenant shall remain liable for any amounts that
such sum shall be insufficient to pay, the Landlord may exhaust any of all rights and remedies against Tenant
before resorting to said sum, but nothing herein contained shall require or be deemed to require Landlord to do
so; that, in the event this deposit shall be returned by Landlord to Tenant within ten 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.
COMPLETION
OF PREMISES 2. Space is being leased in as is condition. Landlord will deliver A/C in working condition.
DELAY OF
POSSESSION 3. if the Landlord is unable to give possession of the demised premises on the date of the
commencement of the aforesaid term by reason of the holding over of any prior Tenant or Tenants or for any
other reason, an abatement or diminution of the rent to be paid hereunder shall be allowed under such
circumstances, but nothing herein shall operate to extend the term of the Lease beyond the agreed expiration
date, and said abatement in rent shall be the full extent of Landlord's liability to Tenant for any Toss or damage to
Tenant on account of said delay in obtaining possession of the premises. If Landlord is unable to give possession
of the demised premises to Tenant within 30 days next after the commencement of the term of this Lease, then
Tenant shall have the right to cancel this Lease upon written notice thereof delivered to Landlord within ten days
after the lapse of said 30 day period, and upon such cancellation, Landlord and Tenant shall each be released
and discharged from all liability on this Lease.
USE 4 The premises will be used for. LOUNGE/SUPPER CLUB/NIGHT CLUB
It is further agreed that Tenant will conduct the above business daily throughout the term and remain open during
hours normal to the particular type of business permitted herein.
ALTERATIONS 5. Tenant will make no alterations, additions or improvements in or to the premises
without the written consent of Landlord, and all additions, fixtures, or improvements, except only store and
business furniture and fixtures which shall be readily removable without injury to the premises, shall be and
remain a part of the premises at the expiration of this Lease. Tenant shall install a push bar or replace back
door as required by fire code. Notwithstanding the foregoing, the Tenant shall install a new separate water meter
to the demised premises at Tenants expense.
EXTERIOR 6. Landlord agrees to keep the structural wails and roof of said premises in good repair, but
Tenant shall give to Landlord seven (7) days written notice of needed repairs and Landlord shall have a
reasonable time thereafter to make them_ However, if any part of the exterior or interior of the premises is injured
or damaged by any breaking and/or entering said premises, by any third person or persons, Tenant agrees to
promptly cause all necessary repairs to be made at Tenants expense so as to promptly restore said premises to
its condition immediately prior to said breaking and/or entering or said attempt to break and/or enter. Tenant shall
install tile on storefront.
INTERIOR 7. Tenant agrees to keep the interior part of said premises, all windows, screens, awnings, doors,
interior walls, pipes, machinery, plumbing, electrical wiring, and other fixtures and interior appurtenances in the
same condition as at commencement of the Lease at Tenants own expense, fire, windstorm, or other acts of
God, and reasonable wear and tear excepted. The Tenant agrees to insure and to keep insured the demised
premises and to furnish Landlord with certification of said insurance. All glass, both interior and exterior, is at the
sole risk of Tenant and Tenant agrees to replace at Tenants own expense, any glass broken during the terms of
this Lease, and the Tenant agrees to insure and to keep insured, all plate glass in the demised premises and to
furnish the Landlord said insurance. It is hereby understood and agreed that in the event that there is/are air
Page 2
conditioning unit/or units in the demised premises. Tenant shall maintain the same during the term of this Lease
and shall return said unit/or units to Landlord at the termination of this Lease in good working order, reasonable
wear and tear expected. Tenant shall contract with a service company for the maintenance of the H.V.A.C.
equipment exclusively serving the Demised Premises, with a copy of the service contract to be furnished to the
Landlord within ten (10) days after Tenant's opening for business, and a copy of any subsequent contracts to be
furnished from time to time during the lease terrn. Throughout the term of this lease Tenant shall perform a
monthly inspection of the air conditioning system, cleaning and changing filters where necessary and shall keep a
log of such inspections to be provided to Landlord upon request. If Tenant refuses or neglects to make repairs
and/or maintain the Demised Premises, or any part thereof, in a manner reasonably satisfactory to Landlord and
as required hereunder, Landlord shall have the right, upon giving Tenant reasonable written notice of election to
do so, to make such repairs or perform such maintenance on behalf of and for the account of Tenant. In such
event the cost of such work, plus ten percent (10%) administrative costs, shall be paid by Tenant as additional
rent promptly, upon receipt of a bill therefore Upon any surrender of the Demised Premises, Tenant shall
redeliver the Demised Premises to Landlord in good order, condition and state of repair, and other requirements
according to building code, ordinary wear and tear , excepted. Landlord shall install refrigeration compressors on
roof on hurricane proof stands and shall be responsible for roof from any penetration from installation.
REGULATIONS &
INSURANCE EK Tenant shall promptly execute and comply with all statutes, ordinances, rules, orders,
regulations and requirements of the Federal, State, City Governments, and all their Departments and Bureaus
and obtain the proper licenses and permits for the operation of the business applicable to premises and for the
correction, prevention and abatement of nuisances or other grievances, in, upon or connected with said premises,
during said terms. Any impact fees are the responsibility of the Tenant (and Landlord shall have no responsibility
or liability therein). Tenant shall also promptly comply with and execute all rules, orders, and regulations of the
Southeastern Underwriters Associations for the prevention of fires, all at Tenant's own cost and expense. Tenant
agrees to pay any increase in the amount of insurance premiums, over and above the rate now in force, that may
be caused by Tenant's use or occupancy of the premises. Tenant agrees to cany $2,000,000/2,000,000 dollars
liability insurance naming Landlord as additional insured. Proof of such coverage shall be sent to Landlord within
10 days of Tenant's occupancy of the demised premises. If tenant fails or refuses to procure and maintain
insurance as required by this Lease or fails or refuses to furnish Landlord with required proof that the insurance
has been procured and is in force and paid for, Landlord shall have the right at Landlord's election without notice,
to procure and maintain such insurance. The premiums paid by Landlord shall be treated as Additional Rent to
be paid by Tenant to Landlord upon demand with interest at the highest lawful rate allowed by law. Landlord shall
give prompt notice of the payment of such premiums, stating the amount paid and the name of the insurer or
insurers.
ABANDONMENT 9. If Tenant shall abandon or vacate said premises before the end of the term of this
Lease, or shall suffer the rent to be in arrears, Landlord may, at Landlord's option, cancel the Lease, in the
manner stated in Paragraph 32 hereof, or Landlord may enter said premises as the agent of Tenant, by force or
otherwise, without being liable in any way therefore and relet the premises with or without any furniture or
equipment that may be therein, 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 therefore applying the same 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 in such reletting, Tenant shall pay any deficiency.
ASSIGNMENT
OF CHATTELS 10. Tenant hereby pledges and assigns to Landlord all furniture, fixture, good and
chattels of Tenant which shall or may be brought or put on said premises as security for payment of said rent, and
Tenant agrees that said lien may be enforced by distress, foreclosure or otherwise, at the election of Landlord. It
is understood and agreed that any merchandise, fixture, furniture or equipment !eft in the premises when tenant
vacated shall be deemed to have been abandoned by Tenant and such abandonment Tenant automatically
relinquishes any right to interest therein. Landlord is authorized to sell, dispose of or destroy same.
FIRE 11. In the event the premises are 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 said premises tenantable by repairs within ninety (90) days therefrom. If said premises
Page 3
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 cancellation the rent shall be paid only to the date of such fire or casualty. The cancellation
herein mentioned shall be evidenced in writing. If the demised premises are destroyed or damaged, and Landlord
repairs or restores therm pursuant to the provisions of this paragraph, Tenant shaft continue the operation of its
business in the demised premises to the extent reasonably practical from the standpoint of prudent business
management, and the fixed minimum rent payable hereunder for the period during which such damage, repair or
restoration continues, shall be abated to proportion to the degree to which Tenant's use of the demised premises
is impaired, but only to the extent of any proceeds received by Landlord from the rent abatement insurance
obtained by the Landlord.
PERSONAL
PROPERTY 12. All personal property placed or removed in the premises above described shall be at the risk
of Tenant or the owner thereof, and Landlord shall not be liable to Tenant for any damages to said personal
property unless caused by or due to gross negligence of Landlord, Landlord's agents or employees_
CHARGES
FOR SERVICE 13_ It is understood and agreed between the parties hereto that any charges against Tenant by
Landlord for services, utilities or for work done on premises by order of Tenant, or otherwise accruing under this
Lease, except as Landlord and Tenant may have expressly agreed otherwise on this lease, shall be considered
as rent due and shall be included in any lien for rent
SIGNS
AND AWNINGS 14_ No awning, sign or signs shall be attached to or erected on the exterior of the
premises without the written consent of Landlord having first been obtained, , which shah not be unreasonably
withheld, and compliance by tenant with all applicable laws at its sole cost and expense.
RIGHT OF
ENTRY 15. Landlord or any of his agents, shall have the 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 of said building. Landlord may put or keep upon the
doors or windows thereof a notice "FOR RENT' at any time within ninety (90) 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
TIME 16_ It is understood and agreed between the parties hereto that time is the essence of all
of the terms and provisions of this Lease.
NOTICES 17. It is understood and agreed between the parties hereto that written notice addressed to
Tenant and mailed or delivered to the premises leased hereunder shall constitute sufficient notice to the Tenant,
and written notice addressed to Landlord shall constitute sufficient notice to the Landlord, to comply with the
terms of this Lease.
NON-PAYMENT 18. Tenant agrees: That Tenant will promptly pay said rent at the tirnes above stated, that
Tenant will pay all charges for gas, electricity, air conditioning, other illuminant, waste service, common area
cleaning, water and sewer charges, used on the premises during the term of this lease, that, if any part of the rent
shall remain due and unpaid for ten (10) days next after written notice to Tenant, Landlord shall have the option of
declaring the balance of the entire rent for the entire rental term of the Lease to be immediately due and payable,
and Landlord may then proceed immediately to collect all of the unpaid rent called for by this Lease by distress or
otherwise in accordance with the Florida Statutes_ If the rent is unpaid after ten (10) days, there shall be a late
charge of Ten percent (10%) of the then gross rent and utility proration.
Immediately following the Tenant's failure to pay rental due within the above ten (10) days limit, Landlord shall
have the right to enter upon the premises and place and thereafter maintain a "FOR RENT' sign in a place where
the sign would most likely seen by the public.
WRITTEN
AGREEMENT
19. This Lease contains the entire Agreement between the parties hereto and all previous
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negotiations leading thereto; and it may be modified only by an agreement in writing signed and sealed by
Landlord and Tenant No surrender of the demised premises, or of the remainder of the term of this Lease, shall
be valid unless accepted by Landlord in writing.
INDEMNIFY
LANDLORD 20. In consideration of said premises being leased to Tenant for the above rental, Tenant
agrees: That Tenant, at all times, will indemnify and keep harmless Landlord from all losses, damage, liabilities
and expenses, which may arise or be claimed against Landlord and be in favor of any person, firm or corporation,
for any injuries or damages to the person or property of any person, firm or corporation, consequent upon or
arising from the use or occupancy of said premises by Tenant, or consequent upon or arising from any acts,
omissions, negligence or fault of Tenant ( his agents, servants, employees, licenses, customers or invitee) or
consequent upon or arising from Tenant's failure to comply with the aforesaid laws, statutes, ordinances or
regulations, that Landlord shall not be liable to Tenant for damages, losses or injuries to the person or property of
Tenant which may be caused by acts, neglect, omissions or faults of any person, firm or corporation, and that
Tenant will indemnify and keep harmless Landlord from all damages, liabilities, losses, injuries, or expenses,
which may arise or be claimed against Landlord and be in favor of any person, firm or corporation, where said
injuries or damages, arose about or upon said premises caused by, or resulting from, the bursting, breaking,
leaking, running, seeping, overflowing or backing up of water, gas steam or sewage in any part of the Premises or
caused by, or resulting from, acts of God or the elements, or resulting from any defect or negligence in the
occupancy, construction, operation or use of any buildings or improvements in the Building, including the
Premises or any of the equipment fixtures, machinery, appliances or apparatus therein.
BANKRUPTCY 21. It is agreed between the parties hereto: If Tenant shall be adjudicated a bankrupt or
an insolvent or take the benefit of any federal reorganization or composition proceeding or make a general
assignment or take the benefit of any insolvency law, or if a Tenant's leasehold interest under this Lease shall be
sold under any execution or process of law, or if said trustee in bankruptcy or a receiver be appointed or elected
or had for Tenant (whether under federal or state laws), or if said premises shall be abandoned or deserted, or if
this Lease or the terms hereof be transferred or passed to or devolve upon any person, firm officer or corporation
other than Tenant, then, in any such events, Landlord may, at Landlord's option, terminate and end this Lease
and reenter upon the premises; whereupon the term hereby granted and, at the Landlord's option, all right, title
and interest under it shall end and Tenant shall become a Tenant at sufferance, but this shall not impair or affect
Landlord's right to maintain summary proceedings for the recovery of the possession of the demised premises in
all cases provided by law. If the term of this Lease shall be so terminated, Landlord may immediately or at any
time thereafter reenter or repossess the premises and remove all persons and property therefrom without being
liable for trespass or damages.
WAIVER 22. No waiver of any condition or covenant of this Lease by Landlord shall be deemed to imply or
constitute a further waiver by Landlord of any other condition or covenant of this Lease. The rights and remedies
credited by this Lease are cumulative and the use of one remedy shall not be taken to exclude or waive the right
to the use of another.
QUIET
ENJOYMENT 23. Upon payment by the Tenant of the rents herein provided and upon the observance
and performance of all covenants, terms and conditions on Tenant's part to be observed and performed, Tenant
shall peacefully and quietly hold and enjoy the demised premises for the term hereby demised without hindrance
or interruption by Landlord or any other person or persons lawfully or equitably claiming by, through or under the
Landlord, subject nevertheless to the terms and conditions of this Lease.
RIGHT TO MORTGAGE
OR LEASE 24. 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, and, not withstanding the automatic subordination provisions of number 34 hereof, tenant agrees
to execute any documents indicating its subordination to such mortgage at the request of the Landlord.
HEIRS AND
ASSIGNS 25. This Lease and all provisions, covenants and conditions thereof shall be binding upon and
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ensure to the benefit 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.
BEYOND LANDLORD'S
CONTROL 26. tone of the acts, promises, covenants, agreements or obligations on the part of the Tenant to
be kept, performed or not performed as the case may be, nor the obligation of the Tenant to pay rent and/or
additional rent or other charge or payment shall be in anywise waived, impaired, excused or affected by reason of
the Landlord being unable at any time or times during the term of this Lease to supply, or being prevented from,
or delayed in supplying heat, light, elevator service, or any other service expressly or implied on the part of the
Landlord to be supplied, or by reason of the Landlord being unable to make any alterations, repairs or decorations
or to supply any equipment or fixtures, or any other promise, covenant, agreement or obligation on the part of the
Landlord to be performed, of any law, rule or regulation of any Federal, State, Municipal or other governmental
department, agency or subdivision thereof, or by reason of conditions of supply and demand due to national
emergency or other conditions or causes beyond the Landlord's control.
EMINENT
DOMAIN 27. In the event any portion of said leased premises is taken by any condemnation or eminent
domain proceedings the (minimum) monthly rental herein specified to be paid shall be ratably reduced according
to the area of the leased premises which is taken, and Tenant shall be entitled to no other consideration by
reason of such taking, and any damages suffered by Tenant on account of the taking of any portion of said leased
premises and any damages to any structures erected on said leased premises, respectively, that shall be
awarded to Tenant in said proceedings shall be paid to and received by Landlord, and Tenant shall have no right
therein or thereto or to any part thereof, and Tenant does hereby relinquish and assign to Landlord ail of Tenant's
rights and equities in and to any such damages. y Should all of the leased premises be taken by eminent domain,
then and in that event Tenant shall be entitled to no damages or any consideration from landlord by reason of
such taking, except for the cancellation and termination of this lease as of the date of said taking. However, if the
condemning authority specifically allocates an award to the tenant for its business and/or leasehold interest or
improvements, then the tenant shall be entitled to that specifically allocated award. Notwithstanding the
foregoing, if a portion of the leased premise is taken by any condemnation or eminent domain proceedings, such
that the Tenant cannot reasonably and practically continue the operation of its business, from the standpoint of
prudent business management, then the Tenant may terminate this lease upon 30 days' written notice to the
Landlord.
SURRENDER
PREMISES 28. Tenant agrees to surrender to Landlord, at the end of the terms 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 windstorm or other acts of God excepted.
Tenant agrees that, if Tenant does not surrender to Landlord, at the end of the term of this {_ease, or upon any
cancellation of the term of this Lease, said leased premises, then Tenant will pay to Landlord all damages that
Landlord may suffer on account of Tenant's failure to so surrender to Landlord possession of said leased
premises, and will indemnify and save Landlord harmless from and against all claims made by any succeeding
tenant so far as such delay is occasioned by failure of Tenant to surrender said premises.
LIENS 29. Tenant further agrees that Tenant will pay all liens of contractors, subcontractors, mechanics,
laborers, material men and other items of like character, and will indemnify Landlord against all legal costs and
charges, bond premiums 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 liens, judgments or encumbrance caused
or suffered by 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 materials 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, alteration or repair of any building or other improvements on the above mentioned premises
and all material men, 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
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work done or material furnished during the rental period created by this Lease.
LANDSCAPE 30. The Tenant, at its own cost and expense, shall maintain all portions of the leased
property and adjoining area in a clean and orderly condition, free of dirt, rubbish and unlawful obstructions.
ATTORNEY'S
FEES 31, Tenant agrees to pay all costs and expenses of collection and reasonable attorneys
fees on any part of said rental that may be collected by an attorney, suit, distress, or foreclosure; and further, in
the event that Tenant faits to promptly and fully perform and comply with each and every condition and covenant
hereunder and the matter is turned over to Landlord's attorney, Tenant shall pay Landlord's attorney a reasonable
attorney's fee plus costs, where necessary, whether suit is instituted or not. The prevailing party in any litigation
between the parties under this Agreement, shall pay reasonable attorney's fees and court costs at all trial and
appealable levels.
PROMPT
PAYMENT 32_ The prompt payment of the rent for said premises upon the dates named, and the faithful
observance of the rules and regulations printed upon this Lease, and which are hereby made part of this
covenant, are the conditions on which the Lease is made and accepted. If the Tenant fails to comply with the
terms of said Lease, or any of said rules and regulations now in existence, or which may be hereafter prescribed
by the Landlord, then and in any such events, this Lease and all of the rights of the Tenant hereunder, at the
Landlord's option, shall expire, and thereupon the Landlord, its agent or attorney's, shall have the right to enter
said premises, and remove all persons therefrom forcibly or otherwise, and the Tenant thereby expressly waives
any and all notice required by law to terminate tenancy, and also waives any all legal proceedings to recover
possession of said premises.
WATER
DAMAGE 33. It is expressly agreed and understood by and between the parties of this agreement,
that the Landlord shall not be liable for any damage or injury by water, which may be sustained by the said Tenant
or other person or for any other damage or injury resulting from the carelessness, negligence, or improper
conduct on the part of any other Tenant or agents or employees or by reason of the breakage, leakage or
obstruction of the water, sewer or soil pipes or other leakage in or about the said building for any reason
whatsoever, including, but not limited to leaks from the roof, unless there is gross negligence from the Landlord.
SUBORDINATION 34. This Lease is and shall be subject and subordinate to any and all permanent or
building loan mortgages covering the fee of the leased premises now existing or hereafter made by Landlord into
all advances made or to be made thereon and to all renewals, modifications, consolidations, replacements, or
extensions thereof, and the lien of any such mortgage or mortgages shall be superior to all rights hereby or
hereunder vested in Tenant, to the full extent of the principle sums secured thereby and interest thereon. This
provision shall be self -operative and no further instrument of subordination shall be necessary to effect such
subordination, and the recording of any such mortgage shall have preference and precedence and be superior
and prior in lien to this tease, irrespective of the date of recording.
ESTOPPEL
CERTIFICATE 35. Tenant, upon request of Landlord or any holders of a mortgage against the fees, shall from
time to time deliver or cause to be delivered to Landlord or such mortgagee, within ten (10) days from date of
written demand, a certificate duly executed and acknowledged in form for recording, without charge, certifying, if
true, that this Lease is valid and subsisting and in full force and effect, the amount of rent paid and the period
covered thereby, the amount of security deposit, and that Landlord is not in default under any of the terms of this
Lease.
LANDLORD'S
LIABILITY 36. Notwithstanding any provision in this Lease to the contrary, Tenant agrees that Tenant shall
look solely to Landlord's interest under this leasehold estate in the event of any default or breach by Landlord with
respect to any of the terms and provisions of this Lease on the part of the Landlord to be performed or observed,
and no other assets of Landlord shall be to levy, execution, or other judicial process or award for the satisfaction
of Tenant's claims.
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PARTIAL
INVALIDITY 37. if any term or provision of this Lease or the application thereof to any person or circumstance
shall, to any extent, be invalid or unenforceable, the remainder of this Lease and the application of such term or
provision to persons or circumstances other than those as to which it held invalid or unenforceable, shall not be
affected thereby, and each term and provision of this Lease shall be valid and be enforceable to the fullest extent
permitted by law_
CAPTIONS 38. The captions of the paragraphs of this instrument are solely for convenience and shall not be
deemed a part of this instrument for the purpose of construing the meaning thereof, or for any other purpose.
ASSIGNMENT 39. Tenant shall not assign, transfer, mortgage, pledge or otherwise encumber the demised
premises or any part thereof without the express, written consent of Landlord first obtained, provided however,
that Landlord's consent shall not be unreasonably withheld. in the event of any assignment, transfer by Tenant,
Tenant shall remain liable for the full performance of each and every covenant and condition hereunder, and the
assignee shall execute such documents as required in the Landlords reasonable discretion. Any sale of stock of
Tenant (if a corporation), assignment of partnership interest (if a partnership), assignment of beneficial interest (if
a trust), or other devise which has the effect of transferring the practical benefits of this lease from the parties
currently controlling tenant, shall be a prohibited transfer. if Tenant assigns or Transfers this Lease, the Base
Rent may increase by 50% and will be discussed at the time. The subletting of a1l or any portion of the demised
premises is absolutely prohibited without the consent of Landlord. This article 39 shall not be applicable as long
as Viada VonShats remains as managing member of the Tenant.
SERVICE
OF NOTICE 40. All service of Notices shall be sent by registered or certified mail, courier or process
server, return receipt requested or hand delivery as follows:
TENANT:
VLADA VONSHATS
21 COLUMBIA AVE.
CLIFFSIDE PARK, NJ 07010
917-553-8928
212-974-8030
LANDLORD:
PURCEL & SUTTIN
18901 NE 29 AVE., #101
AVENTURA, FL 33180
305-937-1909
TAX AND INSURANCE
ESCROW 41. Tenant shall pay to the Landlord as Additional Rent the following: Any real estate
taxes and assessments which shall or may become a lien upon, become due and payable or be assessed,
imposed, or levied by lawful taxing authorities against the building, the building site and any other improvements
on the building site; which arise in connection with the use, occupancy, or possession of the building site or any
part thereof; which become due and payable out of or for the building site, or any part thereof; or which are
imposed, assessed or levied in lieu of, in substitution for, or in addition to any or all of the foregoing (collectively
referred to hereinafter as the "Tax Cost"). The Tax Cost shall not include any charge (such as water meter
charge), which is measured by actual user consumption. A real estate tax bill or copy thereof submitted by
Landlord to Tenant shall be conclusive evidence of the amount of any real estate taxes, assessments, or
installment thereof. The Tenant's pro rata share of the tax and insurance, common area maintenance and other
expenses is 15 % of the total for the property unless Tenant leases any additional space or parking spaces or
encloses in any parking spaces the percentage shall change accordingly_
All premiums for public liability, fire and extended coverage or all risk, business interruption, and/or any other
insurance coverage which may reasonably be carried by Landlord insuring the Premises, the building, the building
site or any improvements thereon ("Insurance Cost), and expense of Common Area Maintenance as set forth in
paragraph 13 hereinunder and Tenant's proportional share of any charges incurred by Landlord for security
related services.
OPTION TO RENEW 42. . There shall be an option for an additional term of five (5) years. This option and
extension of lease shall be subject to the same covenants and agreemenib as are contained in this Lease,
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provided Tenant shall have given written notice to the Landlord of it's desire to renew this Lease at feast one
hundred twenty (120) days before the expiration of the term of the Lease, provided further, that Tenant is not in
default in the performance of any of the terms and conditions of this lease, and provided this Lease is not
terminated before the end of the term hereof as provided herein. There shall be an increase of 10% per year of
the base rent based on the previous years rent, plus pro rata share of taxes and insurance and maintenance, and
applicable sales tax.
PARKING
AND ACCESS 43_ Tenant, its business invitee and customers, shall have reasonable nonexclusive use
of the adjacent parking area in common with the adjoining tenants. In the event Tenant requires a number of
exclusive parking spaces, there will be a charge of $100 per month, per space for the length of this lease and any
extensions.
SIGNAGE
REQUIREMENTS 44. Tenant is required to follow all existing and/or future rules and regulations of the
Landlord and/or city, county or state regulations regarding signs or signage on or about the leased premises.
PENALTIES
AND INTEREST 45. Notwithstanding any other language to the contrary in this agreement, Tenant shall
pay a late charge penalty of ten percent (1O%) of any rent not paid within ten (10) days of the first day of any
month_ Furthermore, in addition, Tenant shall pay eighteen percent (18%) interest calculated on a per annurn
basis on any balance remaining unpaid which is past due for thirty (30) days.
EXEMPTION
OF LANDLORD 46_ Landlord shall not be liable for injury or damage which may be sustained by the
person, goods, merchandise or property of Tenant, its employees, invitees or customers or any other person in or
about Demised Premises caused or resulting from fire, steam, electricity, gas, water or rain, which may leak or
flow from or into any part of the Demised Premises, or from the breakage, leakage, obstruction or other defects of
the pipes, sprinklers, wires, appliance, plumbing, air conditioning or lighting fixtures of the same, whether the said
damage or injury results from conditions arising upon the Demised Premises, or from other sources. Landlord
shall not be liable for any damages arising from act or neglect of any other Tenants, tenants employees or
invitees.
RECYCLING
TRASH REMOVAL 47. The Tenant shall be responsible, at Tenant's cost, for the removal of all trash and for
the recycling of all recyclable materials. Tenant shall be responsible for all costs necessary to comply with all
federal, state and local regulations regarding the removal of trash, debris and/or recyclable materials as
promulgated from time to time.
PERSONAL
PROPERTY TAX 48. Tenant shall pay prior to delinquency all taxes assessed against the levied upon trade
fixtures, furnishings, equipment and all other personal property of Tenant to be assessed and billed separately
from the real property of Landlord.
RADON GAS 49. Pursuant to Florida Statutes, the following disclosure is required by law 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 public health unit.
ENVIRONMENTAL 50. Tenant acknowledges and agrees that Tenant shall not use, store or dispose of any
hazardous material in or about the Premises or in any adjoining area For purposes of this Lease "Hazardous
Material" shall include but not be limited to hazardous substances, hazardous waste, pollutants, toxic, corrosive,
reactive or material which is ignitable or flammable or combustible materials (including without limitations
gasoline) or dangerous materials defined as such in or for purposes of the Comprehensive Environmental
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Response Compensation and Liability Act, the Resource Conservation and Recovery Act or any other federal,
state or local statutes, laws, ordinances, codes, rules, regulations, consents, agreements or other requirement of
any governmental authority regulating relating to or imposing liability or standards of conduct concerning
environmental regulation. Tenant agrees to indemnify Landlord, its directors, officers, employees, affiliates,
agents, nominees, successors and assigns (Protected Parties) for, from and against all demands, claims, actions,
causes of action, assessments, costs for any and all necessary remedial work, losses, damages, liabilities,
expenses, fees and disbursements, including without limitation attomey's and paralegal fees and costs at all
tribunal levels in connection with all proceedings asserted against, imposed on or incurred by any Protected
Parties, directly or indirectly, pursuant to or in connection with the application of any Environmental Law (as
hereinafter defined); to any condition(s) connected with or related to directly or indirectly, any occurrence on the
Premises during the term of this Lease, or connected with or related to, directly or indirectly to Tenant disposal or
storage of Hazardous Materials in, on or about the Premises or on adjoining land, or, directly or indirectly,
Tenant's occupancy or use of the Premises or activities occurring thereon or occasioned in whole or in part by any
act or omission by Tenant, its agents, contractors, customers, invitees, principals, directors, officers or employees
or other persons on the Premises within Tenant's control.
For purposes of this Lease, the term "Environmental Laws" shall mean all federal, state or
local statutory or common laws now or hereinafter in existence relating to pollution or protection of the
environment, including without limitation any common law of nuisance or trespass, and any law or regulation
relating to emissions, discharges, releases or threatened releases of Hazardous Materials or relating to the
manufacture, processing, distribution, use, treatment, storage, disposal, transport or handling of Hazardous
Material.
HOLDING OVER 51. If Tenant, without Landlord's consent, remains in possession of the Premises or any
part thereof after the expiration of the term hereof, such occupancy shall be tenancy from month to month upon all
the provisions of this Lease pertaining to the obligation of Tenant, but ail options and rights of first refusal, if any,
granted under the terms of this Lease shall be deemed terminated and be of no further effect during said month to
month tenancy and rent may, at Landlord's option and acting in Landlord's sole discretion, by increased to two
hundred percent (200%) of the highest monthly payment of rent and additional charges theretofore paid during
the term of this Lease.
RECORDING 52_ Neither this Lease nor any memorandum thereof shall be recorded by Tenant, or
anyone acting on behalf of Tenant, in any public records or the same shall, at Landlord's option, be deemed to be
a material default of Tenant under this Lease. Notwithstanding the foregoing, the Landlord shall have the option
of recording this lease or any memorandum thereof if the Landlord so elects.
ATTORNMENT 53. If the interests of Landlord under this Lease shall be transferred voluntarily or by
reason of foreclosure or be bound to such transferee (herein sometimes called the "Purchaser") for the balance of
the Lease Term, and any extensions or renewals thereof which may be effective in accordance with the terms and
provisions hereof, with the same force and effect as if the Purchaser were the Landlord under this Lease, and
Tenant does hereby agree to attorn to the purchaser, including the Mortgagee under any such mortgage if it be
the self -operative without the execution of any further instruments under this Lease. The respective rights and
obligations of Tenant and Purchaser upon such attomment, to the extent of the then remaining balance of the
Lease Term and any such extensions and renewals thereof, shall be and are the same as those set forth herein.
In the event of such transfer of landlord's interest, Landlord shall be released and relieved from all liability and
responsibility thereafter accruing to Tenant under this Lease or otherwise and Landlords successor by
acceptance of rent from Tenant hereunder shall become liable and responsible to Tenant in respect to all
obligations of the Landlord under this Lease.
RULES AND
REGULATIONS 54. The rules and regulations as may be hereafter adopted by Landlord for the safety,
cleanliness and operation of the Building and the preservation of good order therein and for the most efficient use
by all tenants, agents, employees, invitees and visitors of the automobile parking spaces provided by Landlord, if
any, are expressly made a part of this Lease and Tenant agrees to comply with such rules and regulations. No
rules and regulations shall prohibit the reasonable use of the Premises by Tenant, its agents, employees, invitees
Page 10
and visitors for the purposes permitted by this Lease. The Landlord shall not be responsible to Tenant for any
nonobservance of such rules and regulations by any other tenant of the Building.
FACADE 55. Tenant will obtain a Certificate of Use and Occupational License for his space and
will cooperate with Landlord in applying for facade improvement program for the building which funds will be used
in Landlord's sole discretion for improvements to the facade of the building.
INTERPRETATION 56. This lease should not be interpreted more favorably in favor of the landlord or the
lessee as a result of one party or the other having drafted this lease.
TENANT'S MAINTENANCE
OF PREMISES 57. Tenant, at Tenant's sole expense, shall keep and maintain the Premises, including
but not limited to, the Premises' plumbing, electrical fixtures, lights, alarm system, flooring, interior surfaces,
Tenant's proportionate share of the landscaping, including Tenant's proportionate share of the landscaping in the
parking area. An annual check of the fire safety equipment on the Premises and every part thereof, in good
working order, condition and repair (which repair shall mean replace if necessary).
In the event the Tenant shall fail to so maintain the Premises, within (10) days after notice from Landlord
(or if the maintenance is of such nature as cannot reasonably be performed within ten (10) days) then if Tenant
fails to commence to cure within ten (10) days then Landlord may perform the maintenance, and Tenant shall
promptly reimburse Landlord for the cost incurred, plus an administrative fee equal to twenty-five percent (25%) of
such costs, such sums to be Additional Rent hereunder. Landlord as the absolute right of entry upon the
Premises to perform such maintenance and shall in no event be held to be a trespasser upon the Premises.
If Tenant fails to reimburse Landlord for its costs and the administrative fee as aforesaid within the (10)
days after written demand therefor, then Tenant shall be deemed to be in default of its obligation to pay rent under
the Lease and Landlord, in addition to its remedies set for in this Lease, and provided at law or in equity, is hereby
granted a lien and security interest in and to all of Tenant's equipment, fixtures and other personal property on or
within the Premises, which lien shall secure said monies due, together with interest thereon at the highest rate
permitted under the laws of the State of Florida and the costs of enforcing said lien, including, but not limited to,
court costs and reasonable attorney's fees incurred at all tribunal levels. The lien herein granted shall be effective
from and after the date of recording Landlord's claim of lien in the public records of Dade County, Florida, and the
claim of lien shall state the description of the Property encumbered thereby, the name of the record owner, the
amount due and the date when due and the lien shall continue in effect until ail sums secured by said lien,
provided herein shall have been paid in full.
DEFAULT BY
TENANT 58_ In accordance with the terms and conditions of this lease, in the event of any
failure of Tenant to pay any sums when due hereunder, or if this Lease or any portion of Tenant's interest
hereunder is assigned (voluntarily .or by operation of law) or the Premises or any portion thereof is sublet, or if
Tenant defaults in performing any other terms, conditions or covenants of this Lease to be observed or performed
by Tenant, Landlord shall have, at its option, the following rights and remedies:
a) to terminate this Lease;
b) enter upon and take possession of the Leased Premises and expel or remove Tenant in
accordance with the requirements of Florida Statutes Chapter 83;
c) relet the Premises and receive the rent therefor and Tenant agrees to pay
Landlord upon demand any deficiency and cost that may arise by reason of such
reletting;
d) to declare all the rent due or becoming due for the entire Lease Term remaining, immediately due
and payable and accelerate same so that the full amount of such rent will become immediately
due and payable by Tenant and paid to Landlord upon demand therefor, and Landlord may
collect all the unpaid rent called for by the Lease by civil action or otherwise;
e) take any and all other actions and pursue any and all other rights and remedies
provided by law or equity.
Tenant shall have thirty (30) days after notice of default has been received from Landlord to cure non -monetary
defaults_ Landlord's hand -delivery of Notice of Default to Tenant's Premises shall be deemed received by Tenant.
Page 11
in addition, the Landlord shall have a statutory and contractual lien for rent upon all of the property of the
Tenant brought upon the Premises. All of the rights of Landlord herein shall be cumulative, and no rights shall
operate as an exclusion of any other rights provided to Landlord hereunder or under the laws of the State of
Florida.
The parties hereby waive their rights to trial by jury in any action, proceeding or counterclaim brought by
either party against the other or any matter arising whatsoever out of, or in connection with, this Lease, the
relationship of Landlord and Tenant created hereby, Tenant's use or occupancy of the Premises, and/or claim for
injury or damage,
No waiver of any covenant or condition or of the breach of any covenant and condition of this Lease shall
be taken to constitute a waiver of any subsequent breach of such covenant or condition, or justify or authorize the
nonobservance on any other occasion of the same or of any other covenant or condition hereof, nor shall the
acceptance of rent or any other payment due hereunder by Landlord at any time when Tenant is in default under
any covenant or condition hereof, be construed as a waiver of such default or of Landlord's right to terminate this
Lease on account of such default, nor shall any waiver or indulgence granted by Landlord to Tenant be taken as
an estoppel against Landlord, its being expressly understood that if at any time Tenant shall be in default in any of
its covenants or conditions hereunder, an acceptance by Landlord of rent or any other payment due hereunder or
the failure on the part of Landlord promptly to avail itself of any rights or remedies it may have, shall not be
construed as a waiver of such default, but Landlord may at any time thereafter, if such default rights hereunder
including but not limited to termination of this Lease on account of such default.
HURRICANE
PREPAREDNESS 59.. In case of a tropical storm warning/hurricane warning or hurricane, it will be
the sole responsibility of the Tenant to take any precautions it deems necessary to secure the Premises and the
contents thereof. Landlord shall have the right, but not the obligation, to provide any additional protection for the
Premises which it deems necessary or appropriate. In no event shall Landlord have the duty to provide protection
for the contents of the Premises or the property of the Tenant.
LANDLORD'S RIGHT TO EARLY TERMINATION 64_, If at any time during the term of this Lease or any
extensions thereof, the Landlord sells the building, part of which constitutes the demised premises, the third party
purchaser, successor Landlord, shall have the right to terminate this lease upon 24 months' written notice to the
Tenant.
NO LIENS 61. The interests of Landlord in the leased premises shall not be subject to liens for
improvements made by or on behalf of Tenant. Nothing contained in this lease shall be construed as a consent
on the part of Landlord to subject Landlord's estate and the leased premises to any hen or liability under
applicable law_ In the event that any mechanic's,material men's or other hen or any notices of claim, including,
without limitation, stop notices (herein "lien") is filed against the leased premises as a result of any work, labor,
services or materials performed or furnished, or alleged to have been performed of furnished to or for anyone
holding the leased premises through or under the Tenant, Tenant, at its own expense, shall cause the lien to be
discharged or fully bonded to the satisfaction of Landlord within 10 days after notice of the filing. If the Tenant
fails to discharge or bond against said mechanic's, material men's or other lien, Landlord may, in addition to any
other remedies Landlord may have, but without obligation to do so, bond against or pay the lien without inquiring
into the validity or merits of such lien, and all sums so advanced, including reasonable attomey's fees incurred by
Landlord in defending against such lien, procuring the bond or in discharge of such bond, shall be paid by Tenant
on demand as additional rent. The parties with whom Tenant may deal are put on notice that Tenant has no
power to subject Landlord's interest to any mechanic's, material men's lien of any kind or character, and all such
persons so dealing with Tenant must look solely to the credit of the Tenant, and not to the Landlord's said
interests or assets. The Tenant shall provide written notice to each contractor, sub -contractor, material
men,mechanics and laborer performing work in the leased premised of the foregoing.
RENT FOR ADDITONAL SPACE 62. If the Tenant deems it necessary and/or advisable to seek additional
adjoining space owned by the Landlord, and if the Landlord agrees to the letting of the additional adjoining space ,
or reserve parking spaces, or using parking lot space or other space as part of the demised premises as a patio
Page 12
or enclosed area, then the fixed minimum rent provided for in this lease shall be determined on a square foot
basis, and multiplied by the number of additional square feet added to the demised premises, plus all escrows,
taxes & maintenance
CONSENT REQUIRED 63, Whenever consent is required under this Lease, by either party, such consent
shall not be unreasonably withheld.
IN WITNESS WHEREOF, the parties hereto have signed, sealed and delivered this lease atc73 Miami, _
Dade County , Florida on the day and year first written.
SS
Witness
Witness
Witness
By:
Doris B. Satin, PFtner
PURCEL &
•
56xa_e_r_r_I-7 By:
enant VLADA VON HATS
VLADA LOU GE MIAMI C
2
SS #
alleging Member
Page 13
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Florida Limited Liability Con -par
VLADA LOUNGE MI M LLC
Filing information
Document Number L07000124342
FEI Number NONE
Date Filed 12/14/2007
State FL
Status ACTIVE
Effective Date 12/13/2007
Principal Address
250 NE 25TH ST - # 910
MIAMI FL 33137
Mailing Address
250 NE 25TH ST - # 010
MIAMI FL 33137
Registered Agent Name & Address
VON SHATS. VLADA
250NE25THST-#910
MIAMI FL 33137
Manager/Member Detail
Name & Address
Title MGRM
VON SHATS. VLADA
250 NE 25TH ST - # 910
MIAMI FL 33137
Title MGRM
SLESAREV. DtMITRY
250 NE 25TH ST - # 9t 0
MIAMI FL 33137
Annual Reports
No Annual Reports Filed
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Michael B. Denherg, Esq.
2875 MA. 191 Street, Suite 500
Aventura, IT 33180
This instruinent Prepared By:
LAURA SANTAMARIA
ATTORNEY AT LAW, P.A.
2809 Bird Avenue # 189
Coconut Grove, 11. 33133
Tel. (305) 668-9069
V. I Ta a5 12
Tax Folio Number: 04- 3002-036-1100
96R319552 1996 JUL 22 08133
UOCStPOEE 352.20 SURTX 264.15
HARVEY RUV1H, (i_ERK DADE COUHTYe FL
WARRANTY DEED
THIS WARRANTY DEED, made the day of July, 1996, by and between
FRANK Il. TOLIN, a married man, called the Grantor, as to Grantor's entire
undivided 33 1l3% interest in the property, to DORIS 13. SUTTIN, as to75* of
Grantor's undivided interest, and NORMAN PURCEL., as to % of Grantor's
undivided interest, as tenants in common, called the Grantee, whose post office address
is 3a15 -39.31 N1,-10,i,Jck., 31.30
(Wherever used herein, the term Grantor and Grantor shall include all parties to this
lntrument and the heirs, legal representatives, and assigns of individuals, and the
successors and assigns of the corporation).
WITNESSETII: That the Grantor, for and in consideration of the sum of
$10.00 and other valuable consideration, receipt whereof Is hereby acknowledged,
hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the
Grantee all that certain land situated In Dade County, Florida, to wit:
SEE EXHIBIT "A" attached hereto.
SUBJECT TO:
1.- Taxes for the year of conveyance, and subsequent years.
2.- Conditions, limitations, restrictions, easements and reservations of
record.
***This is not the Grantor's homestead, nor any property contiguous or adjacent
thereto. The subject property Is vacant land. The Grantor has Instead resided at 1120
South Hallandale Beach Boulevard, Hollywood, Florida.
TOGETHER, with all the tenements, hereditaments, and appurtenances thereto
belonging or In anyways appertaining.
TO HAVE AND TO HOLD, the same in fee simple forever.
AND the Grantor hereby covenants with said Grantee that the Grantor Is
lawfully Relied of said land in fee simple; that the Grantor has good right and lawful
authority to sell end convey said land, and hereby warrants the title to said land rind
wilt defend the came against the lawful claims of all persons whomsoever, and that said
land is free of all encumbrances, except taxes accruing for the year of conveyance.
IN WITNESS WHEREOF, the said Grantor has signed and sealed these
presents the day and first written above.
8�25 3
Signed, sealed and delivered in the presence of:
Printed Name
-1:-.1r-r"T"
.r .Yrl f-t ft
Printed Name
STATE OF FLORtDA
COUNTY OF DADE
FRANK D. TOLIN
i t / a ' /)c i &L !-' 171
Forwarding Address et t (0 ,, ri c r t e,
I HEREBY CERTIFY, that on this day, before me, an officer duly authorized to administer oaths
and take aeknowkdEmenta, personally appeared FRANK D. TOLIN, known to sue to be the person
described la and who executed the foregoing instrument, vrho acknowkdred before me that he/she
executed the same, that I relied upon the following farm of Identification. driver's license, and that
an oath was taken.
Witness m d and official seal In the County and State last
, 19%.
1
My commission expires:
Moly foubk SW of plodda
#�►Odrslx egilree June a, 100e
NO. CO PION
Undid Theo COW Way Sofa
d this Z day of
Nola Pubik - State of Flori
EXHIBIT"A"
Lots 1 and 2 and the West 20 feet of Lot 3, Block 1, of ELWOOD COURT,
according to the Plat thereof, recorded in Plat Book 9, at Page 181 of the Public
Records of Dade County, Florida. And Lots 1 and 2, in Block 4, of BEVERLY
TERRACE, according to the Nat thereof recorded id Plat Book 11, at Page 47 of
the Public Records of Dade County, Florida and bounded as follows: 1. On the
West by the East boundary of Lot 1 of said Block 4 of BEVERLY TERRACE; 2,
On the South by the North boundary of Block 1 of ELWOOD COURT, Plat Book
9, at Page 181, tithe Public Records of Dade County, Florida; 3. On the East by
the West boundary of Lot 2 of said Block 4 of BEVERLY TERRACE; 4. On the
North by the South Right -of -Way boundary of N.E, Thirty -Third Street as
delineated on said Plat of BEVERLY TERRACE.
RECOMIEDwOFFACAu PEcr max*
Cre GMUE COUN(Y. Fl OVd[.li
nEtoRo vEmnPo
HARVEY RUVIN
CAM* r,*rcurr coup?.
CITY OFMIA.M.I
DISCLOSURE- OF CONSIDERATION PROVIDED OR COMMITTED FOR AGREEMENT TO
SUPPORT OR WITHHOLD OBJECTION
The City of Miami requires any person or entity requesting approval relief or other action from the City Commission or any of its
boards; authorities, agencies, councils or committees, to disclose at the commencement (or continuance) of the hearings) on the
issue, any consideration provided or committed, directly or on its behalf, to any entity or person for an agreement to support or
withhold objection to the requested approval, relief or action. "Consideration" includes anv gift, payment, contribution, donation, fee,
commission,a promise or grant of anv money- property, service, credit or financial assistance of any kind or value, whether direct or
implied, or any promise or agreement to provide any of the foregoing in the future.
Individuals retained or employed by a principal as a lobbyist as defined in Sec. 2-653, and appearing before the City Commission or
any of its boards, authorities, agencies, councils or committees solely in the capacity of a lobbyist and not as the applicant, or owners'
legal representative are not required to till out this Corm.
NAME:
VLADA VON SEATS
(First Name)
lli:)ME At7i Ri: ti-. 250 N.E, 2ND AVE
r': MIAMI
(Middle) (Last Name)
(Address Line 1)
HOME-. PI-{ONI:N/A
I MA[L: NANCY@TERMINELLO.CO'M
(Address Line 2)
STATE: Florida
CM —PHONE: 917-553-8928
:7 l
•
1 7
FAX: 305-448-5566
f.3USSIN.ESS or .APPLICANT or ENTITY NAME
BUSINESS ADI)l2ESS:
VLADA LOUNGE MIAMI, LLC
3215 N.E. 2N1 AVE MIAMI, FL 33137
(Address Line 1)
(Address Line 2)
1. Please describe the issue for which you are seeking approval, relief or other action from the City Commission, board,
authority, agency, council, or committee.
SPECIAL EXCEPTION FOR BAR/LOUNGE WITH SALE OF BEER, WINE, AND LIQUOR. PARKING VARIANC
FOR 12 PARKING SPACES.
2. Has any consideration been provided or committed, directly or on your behalf, to any entity or person for an agreement to
support or withhold objection to the requested approval, relief or action?
YES a NO
If your answer to Question 2 is No, do not answer questions 3, 4 & 5 proceed to read and execute the Acknowledgment. .lf
your answer to Question 2 is Yes, please answer questions 3, 4 & 5 and read and execute the Acknowledgement.
Doc. No.:86543
3. Please provati€ the nattre, address a nd phone number of the person(s) or entities to whore consideration has been provided
or committed,
Name A eldrC;-S- PCone4
ji
I a.
b.
\JditiC)ml names can he placed can a separate nag.e auae.hed to iris fbr .
4. Please describe the nature of the consideration.
5. Describe what is heing requested in exchange for the consideration.
ACKNOWLEDGEMENT OF COMPLIANCE
1 hereby acknowledge that it is unlawful to employ any device, scheme or artifice to circumvent the disclosure requirements of
Ordinance 129.18 and such circumvention shall be deemed a violation of the Ordinance; and that in addition to the criminal
or civil penalties that may be imposed under the City Code, upon determination by the City Commission that the foregoing
disclosure requirement was not fully and timely satisfied the following may occur:
1. the application or order, as applicable, shall be deemed void without further force or
effect; and
2. no application from any person or entity for the same issue shall be reviewed or
considered by the applicable board(s) until expiration of a period of one year after the
nullification of the application or order.
PERSON SUBMITTING .DISCI., �>
Signature
INA 1 ; 1
Print Name
Swvrn2 IL) cruel subscribed before me this day of rt+ t 200 t-' .._.: The forevoinr
ios°in roie. nt r-,-as acienowierig,ed before me by iV '° , rvho has produced
as identifcalion and/or is r ersonally known to me and who did `did not take an Truth.
STMT.O 1 I LORII_)A
CITY OF Mi 1M1
MY COMM1S5[ON Notary
,� r
Print Name
tlncia�surc s)
4 aea®waasagrla.arga0a00aeaa®mneaeamaaaaa.maa®r,o.
MONICA M. ANDERSON Page 2
Doc. No__36543 +. .,001 4e
tdorn mit)I14 0
Expires 2J2112011
Nea
PknOa Notary Asan., tnc
aP@d¢B�xae �a4a.-