HomeMy WebLinkAboutExhibit 1LEASE AGREEMENT
BETWEEN
GROVITES UNITED TO SURVIVE, INC.
AND
TEEE CITY OF MIAMI, FLORIDA
FOR THE USE OF THE FOLLOWING DESCRIBED PREMISES:
3686 GRAND AVENUE
MIAMI, FLORIDA 33133
TABLE OF CONTENTS PAGE
1. PURPOSE 1
2. DURATION OF TERM 1
3. AMOUNT OF RENT AND MANNER OF PAYMENT 1
4. SECURITY DEPOSIT 3
5. OPTION TO RENEW 3
6. LESSEE'S SUBORDINATION TO MORTGAGE 3
7. CONDITION OF THE PREMISES 3
8. USE 3
9. CONDITION OF PREMISES AT TERMINATION 4
10. HOLDOVER 4
11. SIGNS 4
12. MAINTENANCE AND REPAIRS 4
13. UTILITIES 5
14. COVENANTS OF THE LESSEE 5
15. COVENANTS OF THE LESSOR 5
16. QUIET ENJOYMENT 6
17. LESSOR'S INSURANCE 6
18. INDEMNIFICATION 6
19. ADDITIONAL MUTUAL COVENANTS 7
20. PROVISIONS OF DEFAULT 7
21. NOTICES 8
22. LESSEE'S RIGHT TO TERMINATE 9
23. FORCE MAJEURE 9
24. PARKING 9
25. ENVIRONMENTAL 9
26. RADON GAS 10
27. CONFLICT OF INTEREST 11
28. MISCELLANEOUS 11
29. WAIVER OF JURY TRIAL 12
EXHIBIT A LEGAL DESCRIPTION
EXHIBIT B SITE PLAN
EXHIBIT C LIST OF IMPROVEMENTS BY CITY
LEASE AGREEMENT
This Lease Agreement (the "Lease Agreement" or "Lease") is made and entered into in Miami-
Dade County, Florida this day of , 2011 by and between Grovites United
to Survive, Inc., a not for profit corporation of the State of Florida (hereinafter called "Lessor"),
and the City of Miami, a municipal corporation of the State of Florida (hereinafter called "Les-
see"). The terms "Lessor" and "Lessee" are intended to include their respective successors,
assigns, heirs, legal representatives, executors, administrators, and personal representatives
wherever the context of this Lease so requires or admits.
Witnesseth:
Whereas in consideration of the mutual agreements subsequently contained herein, the Lessor and
the Lessee agree as follows:
1. PURPOSE
The Lessor is the owner of real property located at 3686 Grand Avenue, Miami, Florida 33133, as
described in Exhibit "A" (the "Property"). The Lessor, hereby leases to the Lessee, the entire
Premises consisting of approximately 3,197 square feet as shown on Exhibit `B" (collectively the
"Premises").
2. DURATION OF TERM:
The Lease Term and duration of this Lease shall be for a period of one (1) year, (the "Lease
Tenn" or Term"), commencing upon the date that this Lease is signed by the City Manager and
attested by the City Clerk (the "Effective Date").
3. AMOUNT OF RENT AND MANNER OF PAYMENT:
A) The monthly rent shall be payable on the first day of each month, in advance and
without notice, commencing on the Effective Date.
B) The Lessee shall pay the Lessor for the first year of the Term of this Lease $5.07
per square foot, or One Thousand Three Hundred Fife, Dollars and no/100 ($1,350.00)
per month (the "Gross Rent" or "Rent"). The term "Rent" more specifically refers to all
rent due to Lessor by Lessee inclusive of insurance, real estate taxes, administrative fees,
maintenance and repairs to the extent provided for in this Lease Agreement, and all other
expenses related to the rental of the Premises. Lessee shall provide Janitorial Services, as
hereinafter defined, and utilities which shall be provided by Lessee at its sole cost and
expense. "Janitorial Services" more specifically refer to the daily vacuuming, garbage
collection from waste cans within the leased premises, light dusting and cleaning of
offices and restrooms, light bulb replacement and care of flooring.
C) The Rent payment shall be made by check payable to:
Grovites United to Survive, Inc. "
c/o James Gibson, Treasurer
11220 Washington Boulevard
Miami, Florida 33176
D) Commencing on the first day of the fast full month of the second year of the
Additional Term, and every twelve (12) months thereafter, and such date being referred
to herein as the "Anniversary Date", Lessee agrees that, as provided for below, Rent shall
be increased by the increase during the prior year not to exceed five percent (5%) in the
index known as "United States Bureau of Labor Statistics, Consumer Price Index. The
Rent shall utilize the "Consumer Price Index for All Items, Miami - Ft. Lauderdale,
Florida", Base Year 1982-84=100 (hereinafter the "CPI"). Said adjustment shall be
hereinafter referred to as the "CPI Escalation".
The CPI Escalation of the Rent shall be equal to the Rent in effect for the immediately
preceding year plus the product of that Base Monthly Rent multiplied by the "CPI
Percentage" (as defined below).
The CPI Percentage shall equal the fraction (i) whose numerator equals the total of (a) the
monthly Index published immediately prior to the Anniversary Date (or the nearest
reported previous month), minus (b) the monthly Index published immediately prior to
the Anniversary Date of the immediately preceding year and (ii) whose denominator is
the same as (b) above.
If the Index is discontinued with no successor Index, Lessor and Lessee shall agree to use
a comparable index. However, the increase determined by such comparable index shall
not exceed five percent (5%).
Lessor shall compute the CPI Escalations and send a notice, with calculations, to Lessee
setting forth the adjusted Rent within sixty (60) days of the commencement of each
current year or as soon as such Index is available. In the event the Rent increases, Lessee
shall pay to Lessor, within thirty (30) days of receiving such notice, the additional Rent
owed for the month, which have elapsed in the current year. A hypothetical example:
CPI Index:
All Urban Consumers, All Items — Miami/Ft. Lauderdale
Base Year 1982-84 = 100
CPI Escalations:
Anniversary Date of Immediately Preceding Year October 1, 2009
Current Anniversary Date October 1, 2010
CPI — Preceding year (month prior to Anniversary Date of Preceding Year)
(or nearest reported month) August 1, 2009 =
221.306
CPI — Current year (month prior io current Anniversary Date)
Or nearest reported month) August 1, 2010 = 222.803
CPI increase = 222.803 — 221.306 = %
221.306
CPI Adjusted Base Rent = $1, 350.00 x .68 % _ $1, 359.13
Cap on annual increase in Rent = $1, 350.00 x 5.0% = $1, 417.50
E) In the event the Rent commences on a day other than the first day of a calendar
month, then upon the day of Rent commencement, Lessee shall pay Lessor a pro rata
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portion of a full month's rent, determined by dividing a full month's rent by the total days
in the month of usage and multiplying the product by the number of days of occupancy.
4. SECURITY DEPOSIT:
No Security Deposit required.
5. OPTION TO RENEW:
Provided no default then exists, or if a default does exist and Lessor or Lessee has received
Notice of such default as provided herein, has commenced the curing of said default and
thereafter is diligently prosecuting such cure to completion, Lessor and Lessee are hereby granted
five (5) 1-year options to renew this Lease (hereinafter the "Additional Term"), upon the same
terms and conditions set forth in this Lease with the exception of Rent which will be determined
in accordance with Section 3. Said Additional Term shall require Lessee to notify Lessor no less
than three (3) months prior to the expiration of the then current term, of its election to exercise
such option, which option is subject to approval by 'Lessor. Upon Lessee exercising its option,
and the Lessor agreeing to the exercise of said option, the Lease Term shall be deemed to include
the Additional Term.
6. LESSEE'S SUBORDLNATION TO MORTGAGE:
It is specifically understood and agreed by and between the Lessor and the Lessee that the Lessor
may, from time to time, secure a construction and/or first mortgage on the Premises from a bank,
savings and loan association, insurance company or other recognized lending institution; and that
this Lease is and shall be subordinate to the lien of said construction and/or first mortgage; and
the Lessee agrees that it will execute such subordination or other documents or agreements as
may be reasonably required by such lending institution, provided however, that the mortgage
and/or subordination agreement, as the lending institution may direct, shall contain a provision
which states, in effect, that the Lessee shall not be disturbed in its possession and occupancy of
the Premises during the Term of this Lease, notwithstanding any such mortgage or mortgages,
provided that the Lessee shall comply with and perform its obligations hereunder.
7. CONDITION OF TH UPREMISES:
The Lessee shall accept possession of the Premises in its "as is" condition existing on the
Effective Date with the noted exceptions in Section 12Aand 12B of this Lease. Lessor shall
ensure that the Premises and all its components shall be in good condition and in good working
order on or before the Effective Date,
S. USE:
A) The Lessee shall use and occupy the Premises for the purpose of providing a recreational
facility. It is, however, agreed that in the event the Lessee shall, in its discretion deem it
desirable, the Premises may be used for any other legitimate and lawful business purpose
provided that no such use shall cause Lessor's insurance to substantially increase without
the written consent of the Lessor, which consent will not be unreasonably withheld.
B) The Lessee will not occupy or use said Premises, nor permit the same to be occupied or
used for any business which is unlawful. Lessee agrees to comply with all lawful
requirements of the Health Department, Police Department, Fire Department, Municipal,
County, State and Federal authorities respecting the manner in which it uses the
Premises.
C) Lessee shall not make any change to the exterior and/or interior portion of the Premises
without the express written consent of the Lessor, which consent shall not be
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unreasonably withheld nor delayed beyond five (5) business days from receipt of
Lessee's request, and particularly the Lessee will not cause anything to be done which
may impair the over-all appearance of the Premises. Although the Premises is intended
to include the exterior walls and parking spaces; as per Exhibit B, the Lessee covenants
that it shall not use the exterior portion of the Premises except for parking, and ingress
and egress without the express written consent of the Lessor, which consent shall not be
unreasonably withheld nor delayed beyond five (5) business days.
D) Lessor hereby grants to Lessee the non-exclusive right to use, in common with Lessor and
other tenants of the Premises, the portions of the Premises intended to be for common use,
including but not limited to, parking areas, roads, streets, drives, passageways, landscaped
areas, open and enclosed malls, interior and exterior ramps, elevators, walks and arcades, if
any (herein collectively referred to as the "Common Area").
9. CONDITION OF PREMISES AT TERMINATION:
Upon the expiration or earlier termination of the Lease, Lessee will quit and surrender the
Premises in a good state of repair and broom swept, reasonable wear and tear excepted.
However, Lessee shall not be obligated to repair any damage, which Lessor is required to repair
under section 19(B). All fixtures, window treatments and keys shall at the end of the term revert
back to the Lessor.
10. HOLD OVER:
In the absence of any written agreement to the contrary, if Lessee should remain in occupancy of
the Premises after the expiration of the Lease Term, it shall so remain as a tenant from month -to -
month and the Rent shall be the same Rent as the last in effect at lease term. All provisions of
this lease applicable to such tenancy shall remain in full force and effect.
11. SIGNS:
Despite the terminology contained in this Lease Agreement, outside signs shall not be erected
and/or attached to any portion of the Premises without the express written consent of the Lessor,
which consent shall not be unreasonably withheld nor delayed beyond five (5) business days from
receipt of Lessee's request.
12. MAINTENANCE AND REPAIRS: .
A) Within thirty (30) days after Lessee takes possession of the Premises, Lessor, at its sole
cost and expense, must complete the repairs and the following preventative maintenance
and repairs to the Premises:
I) Replace rear door.
2) Provide inspection certificate that the HVAC system is operational and free of
mold and other contamination.
3) Provide plumbing certification that all plumbing is operating properly, including
restrooms and urinals. Lessor shall install a water fountain and must seal open
toilet seat opening in vacant restroom.
4) Provide electrical inspection that front entry light fixtures are operating and
replace any damaged covers.
5) Provide electrical inspection that rear entry light fixtures are operating and
replace any damaged covers.
6) Provide electrical inspection that inside light fixtures are operating and replace
where necessary.
B) Lessor, at its sole cost and expense, shall keep the Premises and Common Areas in a
good state of repair, and it shall be responsible for all maintenance, repairs and
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replacements to any structural portion of the Premises, the roof and exterior masonry and
paint of the Premises as well as rodent and termite infestation to the Property. Lessee
shall be responsible for pest control within the Premises, except for rodent and termite
infestation. The Lessor shall make, certain the HVAC system is in working order during
the term of this Lease and shall comply with all building and zoning codes, as applicable.
C) Lessee shall keep the interior to the Premises and the improvements placed therein in a
good state of repair, and Lessee shall be responsible for repairs, the painting, maintenance
and repairs to the interior of the Premises including all windows, doors and openings, all
electrical, ballasts, plumbing, fixtures, routine change of filters to the HVAC system at
least every thirty (30) days, and other systems installed within the Premises. Lessee shall
make certain improvements and repairs herein described in Exhibit C. Lessor shall make
all necessary repairs to the HVAC system within twenty-four (24) hours upon receiving.
notice from Lessee.
D) Notwithstanding the obligations of the Lessor provided in section 12 "A" and "B" above,
any repairs necessitated by the gross negligence or willful misconduct of Lessee, its
employees, and invitees will be repaired by Lessor and the Lessor shall have the right to
recover the cost of such repairs from Lessee upon submission of evidence of such gross
negligence or willful misconduct .
E) Notwithstanding anything herein to the contrary, Lessor shall be solely responsible for all
damages and repairs caused by Lessor's negligence.
F) 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 it deems necessary to maintain the integrity of the
Premises. Should any of the Premises be unusable to Lessee as a result of Lessor's
repairs, the Lessee shall receive a rent abatement for the period of time such repairs are
undertaken.
13. UTILITIES:
Lessor represents and warrants that water, sanitary sewers, storm sewers, electric current, and
telephone facilities sufficient to accommodate Lessee's business are, or will be, available at the
Premises on or before the Effective Date. Lessee shall pay for all water, electricity, telephone,
and other utilities serving the Premises. The space is cable/computer ready and separately
metered for utility service.
14. COVENANTS OF THE LESSEE:
A) The Lessee hereby covenants and agrees with the Lessor as follows:
1) That the Lessee shall not hold Lessor liable for any damage to Lessee's property
caused by reason of water or the bursting or leaking of any pipes or waste water
about said Premises, or fire, or hurricane, flooding or other acts of God, or loss or
damage as a result of thefts, except for losses or damages caused by the Lessor's
negligence.
2) The Lessee shall have the right, at its sole cost and expense, to continue to activate
the alarm system. In the event Lessee continues to activate the alarm system, Lessee
shall pay for all costs associated with its maintenance, repair and monitoring.
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15. COVENANTS OF THE LESSOR:
The Lessor hereby covenants and agrees with the Lessee as follows:
A) That Lessor is, at the time of the execution of these presents, the sole owner in fee simple
of the Premises herein above described and that it has good and marketable title, and the
full right to lease the same for the term aforesaid.
B) That Lessor will keep the Premises free and clear of any and all liens on account of any
construction, repair, alterations or improvements, which Lessor may be, obligated to
make or perform under this Lease. Lessor shall keep any and all mortgage payments
current and in good standing.
C) That Lessor shall pay, prior to delinquency, real estate taxes and assessments, which may
be levied or assessed upon the Premises improvements subsequent to the Effective Date.
D) The Lessor further covenants that Lessor will keep the Premises, parking areas, the
exterior, the Common -Areas and the Property , in good repair.
E) Lessor hereby covenants that on the Effective Date the premises shall be in compliance
with all applicable Federal, State, County and City laws, codes and regulations including
but not limited to Federal, State and Building and Zoning codes.
16. QUIET ENJOYMENT
Lessee or its sublessee, on payment of the rent herein provided and performance of its
obligations, hereunder, shall and may peacefully and quietly have, hold, and enjoy the Premises
for the term hereof or any extension or renewal thereof with all rights and privileges and for the
use herein provided. Without limiting any of its rights, Lessee may terminate and cancel this
Lease upon thirty (30) days Notice to Lessor in the event that enjoyment or use of the Premises is
prohibited provided that from the date of receipt of such notice by Lessor, Lessor shall have
fifteen (15) days to cure the prohibited enjoyment or use.
17. LESSOR'S INSURANCE:
The Lessor shall, during the Lease Term, and any extensions thereof; and at its sole cost and
expense, carry fire, windstorm, hail, flood and extended coverage insurance on the improvements
of the Premises to the full replacement 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.
18. INDEMNIFICATION:
A) To the extent permitted by law, Lessor agrees to indemnify, hold harmless and defend
Lessee, its subtenants and assignees, its officials and/or employees against, from and against
any and all statutory or similar claims, civil actions, injuries or damages arising or resulting
from permitted work, even if it is alleged that Lessee, its officials and/or employees were
negligent.
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B) If Lessee's use and occupancy is materially interfered with as a result of any of the above
for which Lessor is responsible under this section, Lessee, in addition to any other
available remedy, shall be entitled to an abatement of Rent.
19. ADDITIONAL MUTUAL COVENANTS:
The following stipulations and agreements are expressly understood by both the Lessor and the
Lessee and they do hereby agree to abide by them:
A) In the event the Lessor shall fail to make the payments on any mortgages, or taxes or
other payments on the Premises which Lessor is required to pay, the Lessee may, but
shall not be required to, make such mortgage or tax payments or such other payments or
do such acts and things as may be necessary to keep the mortgage or taxes on the
Premises from being in default, and may deduct the cost thereof from the next ensuing
rentals due under this Lease.
B) In the event improvements in the Premises shall be partially damaged by fire or other
casualty 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 50% of leased floor space unusable for
Lessee's purposes, and rendering the Premises unfit for occupancy, the Lessor and Lessee
shall each have the option of terminating this lease within thirty (30) days from the date
of the casualty by providing Notice to the other party as provided in this Lease. Provided
that the Lessor elects to rebuild the Premises, the Lessor shall proceed with such
construction and complete same with all reasonable diligence. In the event the Lessor
elects not to reconstruct, then and in that event the Lease shall be deemed terminated. If
termination occurs, the rights and obligations of the parties shall cease as of the date of
such termination, and Rent shall be adjusted as of the date of such casualty. If the
Premises are rendered untenantable in the Lessee's sole opinion, or Lessee is unable to
use a portion of the Premises due to repairs, then and in that event the Rent during the
period that the Premises are in said condition shall be reduced in direct proportion to that
portion of the Premises, which is, in fact, untenantable or under repair.
C) The covenants and agreements contained in this Lease are interdependent and are binding
on the parties hereto, their successors and assigns. This Lease has been prepared in
several counterparts, each of which said counterpart, when executed, shall be deemed to
be an original hereof.
D) If Lessee shall hereafter install, at its expense, any shelving, lighting and other fixtures,
unit heaters, portable air conditioning units, portable partitions or any trade fixtures, or if
Lessee shall hereafter install or apply- any advertising signs or other standard
identifications of Lessee, any article so installed or any identification so applied shall be
the property of the Lessee, which Lessee may remove at the termination of this Lease,
provided that in such removal Lessee shall repair any damage occasioned to the Premises,
in good workman -like manner. The Lessee has the right upon Notice to the Lessor to
install telecommunication services and equipment and Lessor's consent to such
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.
E) It is specified that Lessee has not sought or used the services of any broker in connection
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with this Lease. Any and all real estate commissions payable to broker(s) shall be the
sole responsibility of the Lessor. Lessor agrees to indemnify the Lessee against, and hold
it harmless from, all liabilities arising from claims of any broker who alleges the right to
commission based upon having dealt with Lessee (including, without limitations, the
reasonable counsel fees in connection therewith). Any and all real estate commissions
payable to Lessor's broker shall be the sole responsibility of Lessor.
20. PROVISIONS OF DEFAULT:
A) By Lessee:
1) Should the Lessee default in payment of Rent and such default continues for thirty
(30) days after receipt of Notice thereof by the Lessor, or if the Lessee defaults in any
other non -monetary covenants, and within a period of forty-five (45) days after
receipt of Notice specifying such non -monetary default by the Lessor, has not cured
the default or defaults, or if they cannot reasonably be cured within this period, has
not yet begun to cure such default, the Lessor may at its option, but subject to other
provisions of this Lease, terminate this Lease. Lessor's exercise of its rights under
this Lease shall not be deemed to be equivalent to the Lessor's termination of this
Lease, unless and until Lessor shall specifically give actual notice of termination of
the Lease by providing written notice in accordance with Section 21 of this Lease. In
the event of such termination, the Lessee is responsible for the payment of rental
payments accrued and unpaid to the date of termination. Thereafter, Lessee shall
have no further obligations to make rental payments hereunder.
2) If Lessor defaults in the performance of any provision hereof and such default
continues for forty five (45) days after receipt of notice thereof by the Lessee, or if
the default cannot reasonably be cured within this period, then the Lessee may, at its
option, but subject to other provisions of this Lease, terminate this Lease. Lessee, at
its option and if possible, may cure the default and Lessor must reimburse Lessee for
all expenses within ten (10) days upon receiving invoice.
Notwithstanding anything set forth within this Lease, in the event of Lessor or Lessee's default,
Lessee or Lessor shall be entitled to pursue any and all remedies available to it at law or equity,
including but not limited to the right of Specific Performance.
21. NOTICES:
All notices, by the Lessor to the Lessee or by the Lessee to the Lessor, shall be given by certified
mail, return receipt requested, hand delivery, or courier, ("Notice") addressed to the Lessee or
Lessor, or to such other address as either party may designate from time to time, at:
Lessee:
City of Miami
City Manager
3500 Pan American Drive
Ivl:iami; FL 33133
and a copy to
City of Miami
.City Attorney
444 S.W. 2"d Avenue, Suite 945
Miami, FL 33130
Lessor:
Mr. Henry Lee Givens, President
Grovites United to Survive
10500 SW 149t''Street
Miami, Florida 33176
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and a copy 10
City of Miami
Director, Department of Public Facilities
444 S.W. 2nd Avenue, 3`d Floor
Miami, FL 33130
and a copy to
Miami Police Department
Attn: Police Chief
400 N.W. 2nd Avenue
Miami, FL 33131
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.
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 sixty (60) days
Notice. 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, failure of power, restrictive governmental laws or regulations, riots, insurrection,
default of the other party, or other reason beyond their control, the prevented party shall provide
Notice to the other party, and the performance of such act shall be excused for the period of the
delay and the period for the performance of any such act shall be extended for a period equivalent
to the period of such delay.
24. PARKING:
During the term of the Lease and any extension thereof, Lessor shall provide Lessee with no less
than six (6) parking spaces for the sole use of Lessee, Lessee's employees, and those associated
with Lessee. These sb: (6) parking spaces must conform to all existing governmental codes in
effect at the time of occupancy.
25. ENVLRONMENTAL:
A) Lessor represents and warrants to Lessee that:
1) no Hazardous Materials (as defined below) have been located on the Premises or
have been released into the environment, or discharged, placed or disposed of at, on
or under the Premises;
2) . no underground storage tanks. have been or are located on the Premises;
3) the Premises has never been used as a dump for any Hazardous Materials (as defined.
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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.
5) Lessor hereby indemnifies Lessee from any matter related to the
representation and covenants provided herein.
26. RADON GAS:
Radon is a naturally occurring radioactive gas that, when it has accumulated iu a building in
sufficient quantities, may present health risks to persons who are exposed to it over time. Levels
of Radon that exceed federal and state guidelines have been found in buildings in Florida.
Additional information regarding Radon and Radon testing may be obtained from your county
health unit.
27. CONFLICT OF INTEREST:
Lessor is aware of the conflict of interest laws of the City of Miami (Miami City Code Chapter 2,
Article V), Dade County, Florida (Dade County Code, Section 2-11.1 et. seq.) 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 Lease, has any personal financial interests, direct or indirect, with the City. Lessor further
covenants that, in the performance of this Lease, no person or entity having such conflicting
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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 in which the Premises are
located.
C) Should any portion of this Lease be declared invalid and unenforceable, then such portion
shall be deemed to be severable from this Lease and shall not affect the remainder
thereof.
D) It is expressly understood that this Lease contains all terms, covenants, conditions and
agreements between the parties hereto relating to the subject matter of this Lease, and
that no prior agreements or understandings, either oral or written, pertaining to the same
shall be valid or of any force and effect, and that the terms, covenants, conditions and
provisions of this Lease cannot be altered, changed, modified or added to except in
writing by all parties hereto.
E) Lessor waives a trial by jury of any and all issues arising in any action or proceeding
between the parties hereto, or their successors or assigns, under or connected with this
Lease, or any of its provisions, the relationship of the parties, the Lessee's use or
occupancy of the Property, Lessor's rights thereto, and/or any claim of injury or damage
and any emergency statutory or any other statutory remedy, or otherwise.
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 as of the Effective Date, the•Premises will not be in violation of
any building code, environmental regulation or other governmental ordinance or
regulation. Lessor further warrants and represents that it has received no notice of any
such violation.
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
12
with the requirements of Section 553.513 F.S., providing requirements for the physically
handicapped.
I) Lessor hereby grants Lessee an easement for ingress/egress, access, parking and for
driveway purpose, for the Premises.
J) Lessor hereby represents and warrants to Lessee that the drinking (faucet) water at the
Premises is available to the degree of the educational code and it is free of all
contaminants and harmful chemicals.
K) Lessor hereby represents and warrants to Lessee that there are no rats, rodents, termites,
insects, or pests of any kind within the Premises. Should Lessee find evidence of
anything to the contrary, Lessor shall immediately rectify the situation by employing a
pest exterminator.
L) This Lease Agreement is the result of negotiations between the parties and has been
typed/printed by one party for the convenience of both parties, and the parties covenant
that this Lease Agreement shall not be construed in favor of or against either of the
parties.
29. WAIVER OF .FURY TRAIL:
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.
In Witness Whereof, the parties hereto have hereunto set their hands and seals on the day and
year first above written.
Lessor:
Henry Lee Givens, President
Grovites United to Survive
Witness: Date
(as to Lessor)
CORPORATE SECRETARY
CORPORATE SEAL:
13
AIIEST:
CITY OF MIAMI,
a Municipal Corporation of the
State of Florida
By: By:
Priscilla A. Thompson, CMC Johnny Martinez, P.E.
City Clerk City Manager
APPROVED AS TO INSURANCE APPROVED AS TO FORM AND
REQUIREMENTS:
CORRECTNESS:
By: By
Calvin Ellis, Director
Risk Management Department
Julie O. Bru
City Attorney
Dated and executed by the City as of , 2011
14
EXHIBIT "A"
LEGAL DESCRIPTION
LOTS A AND B, IN BLOCK 26, OF JOSEPH T. FROW HOMESTEAD, ACCORDING TO
THE PLAT THEREOF, AS RECORDED IN PLAT BOOK `B", AT PAGE 106, OF THE
PUBLIC RECORDS OF DADE COUNTY, FLORIDA.*
LOT SIZE IRREGULAR
OR 12186-3107 0684 2
*LESS THE PORTION THEREOF TAKEN FOR SIDEWALK PURPOSES, AS SET FORTH
IN CIRCUIT COURT CASE NO. 61L*2743, DADE COUNTY, FLORIDA BY JUDGMENT
DATED JULY 10TH, 1962.
FOLIO NO. 01-4121-007-4290 AND 01-4121-007-4300
LEGAL ADDRESS:
3692 GRAND AVENUE
SPACE ADDRESS: 3686 GRAND A\
OWNER NAME AND ADDRESS:
GROVITES UNITED TO SURVIVE
10500 SW 149`" STREET
MIAMI, FL
15
EXHIBIT •B"
SITE PLAN
16
EXIST. II-IR FR. TENANT
rSEPARATION WALL.
INSTALL NEW HOLLOW
CORE DOOR 32" WIDE
IN WALL E FINISHED
ACCORDLY.
OFFICE
ROOM
CONFERENCE
ROOM
EXISTIN 5' SIDEWALK
S.W. 37TH AVENUE
OFFICE
ROOM
LLLLk
L LLLLLL
l LL &LL
``_LLL _L
LLLLI�
LL_LLL
1
1.LLI_.LL
_LL
,�`u`i iT LLLLLL
_LL,LLLLLLI
_LLL-L..!\LLL �}
LLL LLLL
LLfL1LLLLLLL LLL
s-CLLLLL�LL LL
_LI_LLI w'-OI LL
_LCC_LLLLL
_L LLLLLLL LL
_LL LLLLLL LLL
_LLL LL
_LLb LL
'-,LLLLL�CL
LLLL l_L
BUILDING FLOOR PLAN (EXISTING TO -REMAIN)
SCALE 1/4" = 1'-0'
EXHIBIT "C"
LIST OF REPAIRS BY CITY OF MIAMI TO COCONUT GROVE BOXING GYM
OUTSIDE
1. MURALS OF PAL OFFICER AND KIDS
2. MURAL OF BOXING CHAMP AND CHAMPIONSHIP BELTS
3. ADD CITY OF MIAMI SEAL TO DOORS FACING NORTH
INSIDE
1. REPAIR BROKEN MIRRORS ON WEST WALL
2. REMOVE 3FT. BARRIER WALL THAT IS FACING EAST
3. ADD SWING GATE TO 3FT BARRIER WALL THAT IS FACING NORTH
4. ADD SHELVING IN CLOSET AREA TO STORE PRODUCTS
5. ADD SHOWER TO RESTROOM AREA ( POSSIBLE WHERE OPEN TOILET
DRAIN PIPE IS LOCATED)
6. WIDEN EAST BATHROOM DOOR TO MEET ADA REQUIREMENT FOR WHEEL
CHAIRS
7. PAINT INTERIOR WALLS
8. ADD SHELVING IN WAITING AREA FOR BOOKS AND PRODUCTS
17