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HomeMy WebLinkAboutSubmittal-Copy of Lease Agreement and Picturesqt. Glass House Productions, LLC A.A. Holdings, LLC FILE ID 13-00899xc City of Miami City Commission October 24, 2013 ■ BERCOW RADGLL & PERNAN DEZ ZONING. LAND IJSE ANO ENVIRONMENTAL LAW 3 oo 099XC - Sv &;,Py of�as� R,greerv)�����-,� cfures Submitted into the public record in connection with item PZ.6 on 10/24/13 Todd B. Hannon City Clerk Concrete Batching Facility to the South Submitted into the public record in connection with item PZ,6 on 10/24/13 Todd B. Hannon City Clerk 1. Available Parking Across Street on NW Miami Court Submitted into the public record in connection with item PZ.6 on 10/24/13 Todd B. Hannon City Clerk Jul Materials Recycling Facility on NW 20th Street Submitted into the public record in connection with item PZ.6 on 10/24/13 Todd B. Hannon City Clerk On Site Parking Submitted into the public record in connection with item PZ.6 on 1pLV. jZ11 Todd B. Hannon City Clerk is- FEC Railroad Across North Miami Avenue Mitf©azmm Submitted into the public record in connection with item PZ.6 on 10/24/13 Todd B. Hannon City Clerk Fire Station No. 2 Across Miami Avenue to the East Submitted into the public record in connection with item PZ.6 on 10/24/13 Todd B. Hannon City Clerk All HOUSE morsels are served chilled because we like to keep it HOT House Beginning A reinterpretation of Grandmas tomato soup. A duo of shot glasses filed with chilled tomato cream, and sprinkled with seasoned cilantro crouton. raw • House Plant A delectable blend of fresh field greens, topped with edible orchids, and drizzled with a Bourdain vinaigrette. House Warming A mouthwatering rendition of crackers and cheese. Brooklyn Triangle crackers, with a trio of herbed goat, brie, and blue cheeses. Akici-louse Music Cucumber and boysenberry tea sandwiches, paired with a sliver of foie gras. House .Jam An extraordinary take on the traditional PBEI.J. A swirl of peanut butter and Nutella. with a dab of raspberry cream. Submitted into the public record in connection with item PZ.6 on 10/24/13 Todd B. Hannon City Clerk HOUSE is an AO) venue (Anything On Earth) Whatever taste i�. 0u Le5ire we pi -Oxide oust u Capicola ham, with basil infused turkey, and manchego shavings. House Blanket A poppy seed wrap, Filled with melon balls, and pepper sprinkled prosciutto. House Pet:. An over the top classic hot dog. Chilled cocktail franks, served in a puff pastry, infused with fig marmala• House Party Caramel Popcorn drizzled with fudge ripple cream, and House Fin An assortment of edible shol glasses fined with watered banana pudding, stravuberry short cake, and pecan encru tyd chocolate mousse. A. A. HOLDINGS, LLC c/o William R. Hibbs and Robert R. Hibbs 3401 Granada Blvd. Coral Gables, FL 33134 Hbbs. ball dorsey. coin 763-442-3243 rrlribbssyahoo.coin 305-534-8665 October 24, 2013 TO WHOM IT MAY CONCERN: We are the owners of the building(s) located at 1900, 1901 and 1920 North Miami Avenue and 1911 and 1915 NW Miami Court. We are proud to say that we have made a significant investment in areas that some have overlooked. We believe in progress, and believe in growth. The decision to sign HOUSE to a long-term lease was not an easy one. We were concerned, that ( in the long-term) a nightlife establishment might bring a negative element. After much discussion and meeting Mark, we made the decision to go to Ft. Lauderdale to see his nightclub hiving Room. We found a beautiful, first class establishment, and are proud to have HOUSE as a tenant. Since HOUSE moved in, we have seen a significant increase in hi -end business rentals, including PUNCI-I Boxing, House of Thunder Motorcycles, and Toys for Boys (an exotic car and art boutique). We believe all of these businesses together, can increase the legitimacy of the area, with HOUSE serving as a nightlife feeder to their daytime business. Thank You. A. A. HOLDINGS, LLC By: William R. Hibbs, President By: R Robert`&. Hibbs, Vice -President Submitted into the public record in connection with item PZ.6 on 10/24/13 Todd B. Hannon City Clerk uouueH •e ppol £T/t7ZfOI uo g•Zd wall 09/01/2011 08:50 IF,4X faxcenter. mp1@dorsey. tom CD n 0 is 3 t1 n O. 0 0 to r+ m 3 -0 rr = S n a Fax Central ij002/010 Sep• I. 2011 9:45AM ICON CONDOMINIUM ASS. 3056956919 No, 5308 P, 2 LEASE This Lease Is entered into as of August 1, 2011 (the "Effective Datc") between A. A. Holdings, LLC, a Minnesota limited liability company ("AAH"), as agent for itself, William Hibbs, a Florida resident, and Robert Hibbs, a Florida resident, (AAH, William Hibbs rind Robert Hibbs collectively rofetretl to as "Landlord" end AN-1 sometimes referred to es "Landlord's Agent") and Glass House Productions, LLC, a Florida limited liability company ("Tenant"). 1. _'Lcrniyrs. iandlord leases to Tenant, and Tenant leases from Landlord, those rertain preiniac•(t e "Premises") comprised of7,412 square feel In the building having en address of 1911-1915 NW Miami Court, Miami, FL, ns the Premises is designated as "Premises" within the building designated as "Building 5" on Exhihit4 (dho "Building"). It is acknowledged that the Building is a part. of the five -building development located on the land ("Land") legally described on Exhibit )3 (said five -buildings and the Land are collectively referred to as the'`Projcct"). ft is acknowledged that AAH, William Hibbs and Robert Hibbs own the Land, the Building end the entire Project as tenants in common, with ME owning an undivided 95% Interest therein, William Hibbs owning on undivided 2 1/2% interest therein and Robert Hibbs owning nn undivided 2 1/2% interest therein. 2. Term. The term (the "Term") of this Lease commences as of August 1, 2011 (the "Commencement Date") and expires on July.31, 2021 , unless sooner temtinated as pcimittcd by this Lease 3. z •• t, Dose Rent, Additional Rcnt and all amounts payable by Tenant under this Lease arc collectively referred to as Rent. Tenant wit) pay Rent for the Premises in necordance with this Section 3. Tenant will pay Rent to Landlord at the address sci forth In Section 24, or such other place in the United Stales as Landlord may designate. If the Commencement Date is a day other thnn the first Any of a month, the Rent for that month will be prorated bused on the number of days of that month, payable upon execution of the Lease. Otherwise, Rent is due on the first day of each month during the Term. If Rcnt is not received by Landlord within five (5) days after the date when Rent is due, then Tenant shall pay Landlord a laic charge equal to ton perctnt (I0%) attic moon' that was due and Tenant shall also pay interest on the unpaid amount ii•om the date when it was due until it is paid at an interest rale equol.to eighteen percent (18%) per annum. In addition, if Rent is not received by Landlord within twenty (20) days alter Ihe•datc when Rcnt Is due, then Tenant shall pay Landlord an additional late charge equal to ("lye percent (5%) of the amount that was due (and the eighteen percent (18%) interest shall apply to the Into payment charge). 3.1 Base Rent. Tenant agrees to pay Landlord Base Rent as follows: (a) for the first Lease yen,. from the Commencement Date until July 31, 2012, $8,000 per month plus Florida salts tax (currently 7%), or a totnt of $8,560; provided, however, thatTenant shall not be obligated to pay Base Rcnt for the months of August, September and October 2011; (b) for the second Lease year front August 1, 2012 until July 31, 2013, $8,500 per month plus Florida salts tax (currently 7%), or a total of S9,095; (e) for the third Lease year from August 1, 2013 until July 31, 2014. `t.9,000 per month plus Florida sales tax • (currently?%), or a total of$9,630; (d) for the fourth -Lose year from August 1, 2614 until July 3 I, 2015, 39,500 per month plus Florida soles tax (currently 7%), or a total of$10,165; (c) for the fifth Lease year Train August 1, 2015 until July 31, 2016, $10,000 per month plus Florida sales tan (currently 7%), or a total of S10,700; • (1) for the sixth Lease year from August 1, 2016 until July 31, 2017, S10,500 per month plus Florida sales tax (currently 7%), or a total of $11,235; (g) for the seventh Lease year from August 1, 2017 until July 31, 2018, S11,000 per month plus Florida sales tax (currently 7%), or a total of S11,770; (h) for the eighth Lease year front August 1, 2018 until July 31, 2019, $11,500 per month plus Florida sales tax (currently 7%), or a total of S12,305; (i) for the ninth Lease year from August 1, 2019 until July 31, 2020, $12,000 per month plus Florida sales tax (currently 7%), or a total of S 12,840; and (j) for the tenth Lease year from August 1, 2020 until July 31, 2021, $12,500 per month phis Florida sales tax (currently 7%), or a Iola! of S 13,375. 3.2 6119itiga41 Rens, Additional Rcnt shall mean the "Limited Property Tax Increases" payable by Ttatant pursuant to Subsection 3.3 below. 3.3 Limited Property Tax Increases. "Limited Property Tax increases" shall mean Tenant's pro-rata share of the increases in the real estate taxes payable by Landlord with respect to the Premises (1911-1915 NW Miami Court - Folio No, 01-3125-048-0580), between (a) Ibe calendar year'2010 and (b) each of the calen�lt APu . • 08/01/2011 08:50 IFAX faxcenter.mp1@dorsey.Corn ' Fax Central Z 003/010 Sep, 1. 2011 9:46AM ICON CONDOMINIUM ASS. 3056956919 No,5308 P. 3 years 2012 through 2020, (and each of the calendar years 2021 through 2025 if Tenant exercises its option to renew pursuant to Section 23 below); provided, however, that for purposes of this Section 3.3, (i) there shall bo.no Limited Property Tax Increases payable during the year 2011, (ii) "pro-rata share" shall mean 70.3% (which is the percentage square footage of the Premises as a function of the square footage of the entire Folio No. 01-3 125.048- 0580), and (iii) for each of the calendar years 2013 through 2020 (and, if applicable, each of the calendar years 2021 through 2025), the Limited Property Tax Increases payable by Tenant for each such year shall not exceed 110%of the Limited Property Tax Increases payable by Tenant hereunder for the immediately preceding calendar year. On or before December 30 of each such calendar year (excluding the calendar year 2011), Tenant shall pay Landlord, as Additional Rent, an amount equal to the Limited Property Tax Increases, cnlculnted pursuant to this Subsection 3.3, for the calendar year just ending. 3.4 Deposit. As a security deposit, coincident with the execution of this Leese, Tenant shall pay the Landlord a security deposit of S16,000, which is ewe( to the t tse Rent (excluding Florida sales tax) for the first and last Ain month of the Term, the receipt ofwhich is hereby acknowledged by Landlord. 4. Utilit(cg. Tenant shall be obligated to pay for the Utilities on the Building, payable as provided for in this Section 4. Tenant's failure to pay such Utilities ns provided for herein shall be deemed a default for failure to pay Rent under this Lease. "Utilities" are defined as the total cost -of electricity, gas, fuel, steam, water usage and .wafer -related charges, electrical, telephone and other communication services and electric and telephone lint repairs arid other utilities Incurred in the occupancy and use of the Premises, Tenant shall ninety pny the providers of n11 such Utilities directly (anti shall indemnity Landlord lathe event it fails to timely pay any of such Utilities), Tennnt Shall reimburse Landlord for any Utilities which arc not directly billed to Tenant for Tenant's share of such Utilities, with stich reimbursement due within ten (10) days of Tenant's receipt of notice from Landlord ea to the amount of snch Utilities expenses then due. 5. Eos ss" . lfTenent pays the Rent and other charges and performs all of Tenant's obligations under this Lease; Landlord promises that Tenant may peaceably and quietly possess and enjoy the Premises under this Lease. The cost of ,Waking keys to the Premises and remote controls to the drive-in galc into'tha Common Aren situated on the Land, shall be borne by Tenant. 6. Use. Tenant shall use the Premises for the same legal purposes in which it is used by Tenant as of the date of this Lease, and no other purposes whatsoever. Tenant's rise of the Premises shall be as o high end club and lounge. Lfi ndlord disclaims any warranty that the Premises are suitable for Tenant's use and Tenant acknowledges that it has had foil opportunity to make its own determination in this regard. 7, Ctiug of Building rind Premises During the Tenn, Landlord will mtrintein and repair the roof and structural components and exterior of the Building ("Building Conditions") in the same condition as exists on the •Commencement Date. Should Tenant identify n problem with respect to any of the Building Conditions, Tenant will notify Landlord (by phone call and bye -mail to Robert Hibbs) of the problem, and Landlord shall itnmediatcly undertake to repair the problem; should Landlord not rcpnir the problem within n rcasonablc period (taking into account the Building Condition that needs repair) following such notice, Landlord shall allow Tenant n proportionate abatement of Trent during the time and to the extent the Premises arc unfit for occupancy for the purposes permitted under this Lease and not occupied by Tennnt as a result thereof until the problem Is folly resolved. Without Itatiting the generality of the foregoing, should the roof of the Building produce a leak into the Premises, a "reasonable period" shall not exceed two (2) days following such notice. Landlord shall not be liable for any inconvenience or annoyance to Tenant or its visitors, or injury to Tenant's business resulting In any way from such damage or the repair thereof. Provided that on the Cornrneneement Bate the air conditioning, electrical and bathroorn facilities are functional, Tenant will during the Term, at its cost and expense, maintain and repair the same, and, at Tenant's option and at its cost and expense, make any capital expenditures to or otherwise improve the same. Tenant shall put, keep, repair and maintain the Premises and the fixtures and equipment therein at n11 times in a good, properly fbnctiotting, snfe and snnitmy condition, and state of repair, reasonable wear and tear excepted, free of debris and other similar obstructions, which includes the engagement, at Tenant's cost, to m of an air conditioner maintenance company to provide monthly nir conditioner maintenance for those air conditioners located _1 3 0 c inside or otherwise servicing the Premises. If Tenant fails t0 complete such maintenance and repairs within 30 days after the date Q Q- rt of Landlord's notice, or if maintenance or repairs cannot reasonably be completed within such thirty -day period, such reasonably Q N 3 longer period of time as long as Tenant commences such maintenance or repair within such thirty -day period, Landlord may co C e fl- perform the maintenance and repairs and charge the costs to Tennnt (plus interest on such charges from the date the charges arc x 3 3 incurred by Landlord, at the rale set forth in Section 3 of this Lease). Any cost of repairs, modifications, alterations or n tu 3 o improvements to the Building, the Premises or the Project, specifically including the fence, the gales or the security systems to � the Project, which arise as a result of the intrusive or intentional acts or the negligence or default of Tenant, its officers, n3 \ 5 a employees, agents or i❑vitccs, or by the requirements of law, ordinance or other governrnentnl directive and which arise out of FD- the nature of Tenant's use and occupancy of the Premises or the installations of Tenant in the Premises shall be paid solely by un a Tenant, and Tenant agrees to indemnify Landlord for Landlord's direct or indirect costs of repairing the same, sr, 8. Compliance with Laws, Tenant will fit its expense promptly comply with all laws, ordinances, rules, order, regulations, directives and other requirements of governmental authorities now or subsequently pertaining to the Premises, including, without limitation, performance of all alterations required for such compliance. uouueH •g ppol 09/01/2011 08:50 IFAX faxcenter.mpl@dorsey.com a Fax Central d 004/010 Sep. 1. 2011 9:46AM ICON CONDOMINIUM ASS. 3056956919 No.5308 P. 4 9, / ltcrAtions. Tenant shrill not make any alterations, additions or improvements to the Premises without first obtaining the written consent of Landlord, which consent will not be unreasonably withheld. Tenant will obtain Landlord's prior written approval of any contractor or subcontractor who performs work on the Premises, which consent will not be unreasonably withheld. Tenant will immediately notify Landlord of nny claim of lien or other action of which it has knowledge which relates to nny improvements in the Premises made by Tenant or at its direction: If Tenant fails to remove or contest the lien within the 10-day period, Landlord may take such notion es it deems necessary to remove the lion, And the entire cost to Lnndlord in removing the lien will immediately be due and payable by Tenant to Landlord. Id consideration of Landlord granting its consent to Tenant's improvements, Tenant shall promptly pay all parties providing labor, materinl, work or services in connection with theaTennnt_altcundons-imaccordancuvitluha.terms-nfaheir-respectb atagrceinents.slith-theTennnt`shnll-prouide-pmof.of payment to the foregoing parties upon the request of Landlord; agrees that Tenant Is solely responsible for the payment of those parties; shall not allow any lien to be recorded against the Premises or the Project by one or more of those parties; agrees dint nothing contained in either this letter or the Lease cony be constnied as a consent on the part of Landlord to subject the estate of Landlord to liability under the Consrrnclion Lien Law of the State of Florida, it being expressly understood that Landlord's estate shall not be subject to such liability; agrees that neither -Tenant nor anyone claiming by, through or under -Tenant, including, but not limited to, contractors, subcontractors, nnateriehncn, mechtmics land laborers, have the right to me or place any mechanics' or nnnteriolmen's liens of any kind whatsoever upon the Premises nor upon any Property or improvement thereon, nor upon the interest of Lnndlord in the Premises or other property or improvement thereon, and any such liens ere specifically prohibited; Agrees that all parties with whom Tenant may deal ore put on notice that Tenant has no power to subject Landlord's Interest to any claim or lien of any kind or character, and all such persons so dealing with Tenant must look solely 10 the credit of Tenant, and not to Landlord's interest or assets; agrees that Tenant shell so -jetty comply with the Constmction Lien Law of the State of Florida as set forth.in Florida Statutes :Section 713; agrees that, if a mechanic's claim of lien is filed against the Premises in connection with any work performed by or on behalf of Tenant, Tenant shall satisfy such claim or•shall transfer same to security, within ten (10) days from the date of filing; agrees that if Tenant fails to satisfy or transfer such clam within said ten (10) day period, Landlord may do so and • . thereafter charge Tennnt, as Rent, all costs incurred by Landlord in connection with salisfnclion or transfer of snit claim, including Attorneys' fees; agrees that Tenant shall indemnify, defend And save Landlord harmless from and against any damage, liability; loss, expense or cost (including, without limitation, attonnoys' fees) incurred by Landlord as a result of any such claim of lieu; and agrees thin any breach by Tenant of the provisions of this Lease is also a default under the Lease. Tenant shnll, on or before the expiration or earlier termination of the Lease, remove all alterations, additions or improvements made to the Premises by Tenant, unless otherwise agreed to between Landlord and Tenant. Tenant shall, in connection with such removals, be required to make nil repairs and replacements an art neeessnry to retam the damaged Area to tho seine condition that such area was In prior to the damage. 10. Entry by Landlord. Landlord and its Agents have the right to enter the Premises (a) at any time during the Term for inspecting, cleaning, maintaining And repairing the Premises, or for exhibiting the Premises to Insurance carriers, lenders and prospective purchasers and (b) daring the last 6 months of the Tarn, or nt nny time after n Tenant default and the running of the applicable graco period, for exhibiting the Premises to prospective tenants. 11. Subordination. At the request of any mortgagee or ground lessor this Lease will be subject and subordinate to any mortgage or ground lease which may now or hereafter encumber the Premises, and Tenant will execute, acknowledge and deliver to Landlord a subordination, nttornment And non -disturbance agreement evidencing such subordination and Tcnnnt's agreement to nttont to such mortgagee or ground lessor if such mortgagee or ground lessor acquires title to the Premises; provided, however, thnt this Lease remains unmodified end that the mortgagee or ground lessor agrees in such subordination, attornment and non -disturbance agreement that Tenant's peaceable and quiet possession of the Premises under this Lease will not be disturbed so long as Tenant is not in default under this Lease. 12. Estoppel Ccrtificatea. Within 10 days after written request from Landlord, Tenant will execute, acknowledge And deliver to Landlord a doctnnent furnished by Lnndlord, which may be relied upon by Landlord and any prospective purchaser, mortgagee or ground lessor of the Premises, slitting (a) (hat this Lease is unmodified and in full force and effect (or if modified, that the Lease is in full force and effect as modified and stating the modifications), (b) the dates to which rent and other charges have been paid, (o) the owrcnt Rent, (d) the dates on which the Tenn begins and ends, (c) that Tenant has aocepacd the Premises and is in possession, (f) that, to the knowledge of Tenant, Landlord is not In default under this Lease, or specifying any such default, and including such other information as the prospective purchnser, mortgagee or ground lessor may reasonably require. 13. Assumption of Risks. Tenant assumes All risk of loss or damage Of 'tenant's property within the Premises and all risk of business interruption, Including any loss or damage nosed by water leakage, fire, windstorm, explosion, theft, vandalism, act of any other tenant, or other cause, and no such actual, perceived or anticipated Joss or damage will relieve Tenant of its obligation to timely pay Rent thereunder. Landlord will not be liable to Tenant, or those ela ring through Tenant, for injury, death or property dnmago occurring in the Premises. 14. Indcmnifteetion. Tenant will Indemnify Landlord ngainst all olnims, demands And Actions, and all related costs and expenses (including attorneys' fees) for injury, death, disability or illness of any person occurring in the Premises or arising out of Tenant's use attic Premises. 15. Waiver of lnsurrihle Gains. Tenant releases Landlord from any liability for loss or damage by fire or other casualty covetable by a standard form of property insurance policy, whether or not the loss or damage resulted from the negligence of Landlord, its agents or employees. Tenant will use reasonable efforts to obtain policies of insurance wh' I rovide r V (iiiA ( ( 08/01/2011 08:50 IFAX faxcenter.mpl@dorsey.com i Fax Central m 005/010 Sep. 1. 2011 9:46AM ICON CONDOMINIUM ASS. 3056956919 No.5308 P. 5 that this release will not adversely affect the rights of the insureds tinder the policies. The release in this section will be effective whether or not the loss was nctually covered by insurance. 16. Assignment and Subletting. Tenant's right to assign or sublease shnll be subject to the approval of Landlord that is based on Landlord's evaluation of the financial strength and credit record, criminal record, general business reputation and intended use of the Premises of and by the assignee or sublessee, which approval (based on such criteria) shall not be unreasonably withheld. In the event of an assignment by Tenant that is approved by Landlord, Tenant shall remain jointly and severally liable with the assignee for each of rho tenant obligations under the Lenso following such assignment through the end of the Term. 17. Eminent Domain. If there Is a substantial taking of any of the Premises, either Landlord or Tenant may terminate this Lease by giving written notice to the other within 30 days alter a final determination under applicable lows that the taking will occur. All damages, awards and payments for the taking will belong to Landlord irrespective of the basis upon which they were made or awarded, except that Tenant will be entitled to any amounts specifically awarded for Tenant's leasehold interest, Iradc fixtures or equipment or recovery for rho cost of improvements made solely by Tenant exclusive of any contribution or loan by Landlord or as a relocation payment or allowance. 1 g. pcfaults. The occurrence of any one or more of the following events shall constitute an "Event of Default" by Tenant, which ifnot cured within any applicable time permitted for cure below, shall give rise to Landlord's remedies, set forth in Sections 19 and 20, below: (l) failure by Tenant to make when due any payment of Rent, unless such failure is cured within ten (10) days after it is due; (ii) failure by Tenant.to observe or perform any of the tetms.or conditions of this Lease to be observed or performed by Tenant other than the payment of Rent, or as provided below, unless such failure is cured within ten (10) days after notice, or such shorter period expressly provided elsewhere in this Lease (provided, Witte nature of Tenant's failure, is such that more time is reasonably required in order to curo, Tenant shall not have created an Event of Default if Tenant commences to cure within such period and thereafter reasonably seeks to cure such failure to completion); (iii) failure by Tenant to comply with the Rules and Regulations, unless such failure is cured within five (5) days after notice (provided, if the nature of Tenant's failure is such that more than five (5) days time is reasonably required in order to cure, Tenantshall not be in Default if Tenant commences to cure within such period And thereafter reasonably seeks to cure such failure to completion); (iv) vacation of all or a substantial portion of the Premises for more than thirty (30) consecutive days, or the failure to take possession of the Premises within thirty (30) days after the Commencement Tate; (v) (a) making by Tenant or any guarantor of this Lease ("Guarantor") daily general assignment for the benefit of creditors, (b) filing by or against Tenant or any Guarantor of a petition to have Tenant or such Guarantor adjudged a bankrupt or a petition for reorganization or arrangement under any Law relating to bankruptcy (unless, in the ease of a petition filed against Tenant or such Guarantor, the same is dismissed within sixty (60) days), (c) nppointment of a trustee or receiver to take possession of substantially all of Tenant's assets located on the premises or of Tenant's interest in this Lease, where possession is not restored to Tenant within thirty (30) days, (d) attachment, execution or other judicial seizure of substantially all of Tenant's assets located on the premises or of Tenant's interest in this Lease, or (e) Tenant's or any Guarantor's insolvency or admission of an inability to pay its debts as they mature; (vi) any material misrepresentation herein, or material misrepresentation or omission in any financial statements or other materials provided by Tenant or any Guarantor in connection with negotiating or entering this Lease; (vii) cancellation or purported cancellation of any guaranty of this Lease by any Guarantor; (viii) failure by Tenant to cure within any applicable times pennitted thereunder any default under any other lease for space at the project now or hereafter entered by Tenant (and any Event of Default hereunder not cured within the times permitted for curt herein shall, at Landlord's election, constitute a default under any such other lease or leases). failure by Tenant to comply with the same term or condition of this Lease on three occasions during any twelve month period shall cause any failure to comply with such term or condition during the succeeding twelve month period, at Landlord's option, to constitute an incurable Event ofDefault. The notice and cure periods provided herein are in lieu of, and not inaddition to, any notice and cure periods provided by law. 19. Landlord's Remedies. If an Event of Default occurs and is not cured within any applicable time permitted under Section 18, Landlord shall have the rights and remedies hereinafter set forth, which shall be distinct, separate and cumulative with And in addition to any other right or remedy allowed under any Law or other provisions of this Lease: (i) Landlord may terminate this Lease, repossess the Premises by detainer suit, summary proceedings or other lawful means, and recover as damages a sum of money equal to: (a) any unpaid Rent as of the termination date including interest at an annual rate equal to eighteen percent (18%) per atmum, or the maximum rote of interest permitted by law, whichever is less, referred to as the "Default Rate", (b) any unpaid Rent which would have accrued after the termination date through the time of award including interest at the Default Rate, (c) any unpaid Rent which would have accnied after the time award during the balance of the R dt OS/01/2011 013:50 IFAX faxcenter.mpl@dorsey.com a Fax Central 1j006/010 Sep. 1. 2011 9;46AM ICON CONDOMINIUM ASS. 3056956919 No. 5308 P. 6 Term, and (d) any other amounts necessary to compensate Landlord for ail damages proximately caused by Tenant's failure to perform its obligations ender this Lease, including without limitation all cosrs of re -letting. (ii) l f applicable Law permits, Landlord may terminate Tenant's right of possession and repossess the Premises by detainer suit, summary proceedings or other lawful means; without terminating this Lease (and if such Law permits, and Landlord shall not have expressly tenninated the Lease in writing, any termination shall be deemed a termination of Tenant's right of possession only). in such event, Landlord may recover: (a) any unpaid Rent as of the date possession is terminated, including interest at the Default Rate, (b)-anymnpaicl Rent-which-accrmes-daringthe-Tenrrfrom the-date-possessions-terminated-throrrgirthrtime 01 award (or which may have accrued from the time of any earlier award obtained by Landlord through the time of award), including interest at the Default Rate, and (c) any other amounts necessary to compensate Landlord for all damages proximately caused by Tenant's failure to perform its obligations under this Lease, including without limitation, all costs of re -letting. Landlord may bring suits for such amounts or portions thereof, at any time or times as the same accrues or alter the same have accrued, and no suit or recovery of any portion due hereunder shall be deemed a waiver of Landlord's right to collect all amounts to which Landlord is entitled hereunder;, nor shall the sane serve as any defense to any subsequent snit brought for any amount riot theretofore reduced to judgment. 20. Specific Performance; Collection ofRenfand AcceTration. Landlord shall at all times have the rights and remedies (which shall be cumulative with each other and cumulative and in addition to those rights and remedies available under Section 19, above or any Law or other provision of this Lease), without prior demand or notice except as required by applicable Law: (i) to seek any declaratory, injunctive or other equitable relief, and specifically enforce this Lease, or restrain or enjoin a violation or breach of any provision hereof, and (ii) to sue for and collect any unpaid Rent which has accrued. Notwithstanding anything to the contrary contained in his Lease, to the extent not expressly prohibited by Applicable Law, upon occurrence of an Event of Default by Tenant not cured within any applicable time for cure hereunder, Landlord may terminate this Lease or Tenant's right to possession and accelerate and declare that all Rent reserved for the remainder of the Term shall be immediately due and payable, 21. No Representations by Landlord. Neither Landlord nor any agent, employee or property manager of Landlord has made any representations with respect to the premises or the Project except as herein expressly stated, and no right, privileges, easements or licenses aro acquired by Tenant except as herein expressly stated. 22. 1 Iolding Over. Should the Tenant continue to occupy the Premises, or any part thereof, after tho expiration or tenninatton of the Term of this Lease whether with or against the consent of the Landlord, such tenancy shall be from month to month and Tenant shall pay Landlord two times the Base Rent set forth in Section 3 during the entire period 'that Tenant continues to so occupy the Premises nftcr the Term of this Lease, phis any other charges occasioned by such holdover, plus all attorney fees and expenses incurred by Landlord to enforce its rights hereunder. 23. Tenant's Oration to Renew Lease. Provided that Tenant is not then In default under (his Lease, Tenant shall have the option of renewing this Lease for one additional five-year term following expiration of the Term on Slily 31, 2021, but only so long as Tenant provides Lessor with written notice of exercise of its renewal option at least one hundred eighty (180) days prior to the expiration of the Term on July 31, 2021. The monthly Base Rent for the first extended lease year (beginning August 1, 2021 and ending July 31, 2022) shall be based upon the then "market" rental rates as agreed to between Landlord and Tenant during the period between August 1, 2020 and January31, 2021. The monthly Base Rent for the second through fifth extended lease years, respectively, shall equal 105% of the Base Rent for the immediately preceding extended lease year. 24. Notices. Any notice tinder this Lease trust be in writing, and must be sent by prepaid emitted mail, or by reputable overnight Conner, addressed to Landlord and Tenant, as appropriate, at the Addresses set forth below, or to such other address as is designated by either party In a notice given under this section. A notice Is given on the date of actual receipt or three days after the deposit in the mail, whichever is toter. Submitted into the public record in connection with item PZ.6 on 10/24/13 Todd B. Hannon City Clerk 08/01/2011 08:50 IFAX faxcenter.aipl@3dorsey.com a Fax Central 7h007/010 Sep. 1. 2011 9:46AM ICON CONDOMINiUM ASS. 3056956919 No.5308 P. 7 Tenn, and (d) any other amounts necessary to compensate Landlord for all damages proximately caused by Tenant's failure to perform its obligations under this Lease, including without limitation all costs of re•le►ting. (ii) if applicable Law permits, Landlord may terminate Tenant's right of possession and repossess the Premises by detainer suit, slummy proceedings or other lawful means, without terminating this Lease (and if such Law pennits, and Landlord shall not have expressly terminated the Lease in writing, any termination shall be deemed a termination of Tenant's right of possession only). In such event, Landlord may recover: (a) any unpaid Rent as of the date possession is terminated, including interest at the Default Rale, (b)-enymtpafd-i nt edriclruccruea dnrirra thererur fror rth Asti ptrssrasirstris- rnffiniterd'ti>rerrgh-tlre ttrii f award (or which many have accrued from the tine of any earlier award obtained by Landlord through the time of award), including interest at the Default Rate, and (e) any other amounts necessary to compensate Landlord for all damages proximately caused by Tenant's failure to perform its obligations under this Lease, including without limitation, all costs of re -letting. Landlord may bring sui►s for such amounts or portions thereof, at any time or tunes a the some accrues or after the same have accnted, and no suit or recovery of any portion due hereunder shall be deemed a waiver of Landlord's right to collect all amounts to which Landlord is entitled hereunder, nor shall the sane serve as any defense to any subsequent suit brought for any amount not theretofore reduced to judgment. 20. Specific Performance, Collection of Rent and Acceleration. Landlord shall at ail times have the rights and remedies (which shall be cumulative with each other and cumulative and in addition to those rights and remedies available under Section 19, above or any Law or other provision of this Lease), without prior demand or notice except as required by applicable Law: (i) to seek any declaratory, injunctive or other equitable relief, and specifically enforce this Lease, or restrain or enjoin a violation or breach of any provision hereof, and (ii) to sue for and collect any unpaid Rent which has accrued. Notwithstanding anything to the contrary contained in his Lease, to the extent not expressly prohibited by npplicable Law, upon occurrence of an Event of Default by Tenant not cured within any applicable time for cure hereunder, Landlord may terminate this Lease or Tenant's right to possession and accelerate and declare that all Rent reserved for the remainder of the Term shall be immediately due and payable. 2 t. No Representations by Landlord. Neither Landlord nor any agent, employee or property manager of Landlord hits made any representations With respect to ihePremises Or the Project except as herein expressly slated, and no right, privileges, easements or licenses are acquired by Tenant except ns herein expressly stated, 22. Folding Over. Should the Tenant continue to occupy the Premises, or any part thereof, after thc expiration or rumination of the Term of this Lease whether with or against the consent of the Landlord, such tenancy shall be from month to month and Tenant shall pay Landlord two times the Base Rent sct fonh in Section 3 during the entire period that Tenant continues to so occupy the Premises niter the Term of this Lease, plus any other charges occasioned by such holdover, plus nil attomcy fees and mpcnses incurred by Landlord to enforce its rights hereunder. 23. Tenant's Cotton to Renew Lease. Provided that Tenant is not then in default under this Lense, Tenant shall have the option of renewing this Lease for one a4ditional five-year term following expiration of the -ram on July 31, 2021, but only so long as Tenant provides Lcssor with written notice of exercise of its renewal option nt least one hundred eighty (180) days prior to the explrnlion of the Term on July 31, 2021. The monthly Base Rent for the first extended lease year. (beginning August 1, 2021 rind ending July 31, 2022) shall be based upon the then "market" rental ratcs as agreed to between Landlord and 'tenant during thc period between August 1, 2020 And January 31, 2021. The monthlyJ3ase Rent for the second through fifth ci:tenctcd lease years, respectively, shall equal 105% of the Base Rent for the immediately preceding extended lease year. 2h. Notices. Any notice under this Lease must be in writing, and must be scut by prepaid certified mail, or by reputable overnight courier, addressed to Landlord end Tenant, as appropriate, at the addresses set forth below, or to such other address as is designated by either party in ,a notice given under this section. A notico is given on the date of aelual receipt or three days after the deposit in the mail, whichever is later. Submitted into the public record in connection with item PZ.6 on 10/24/13 Todd B. Hannon City Clerk uo 97d Luali a 09/01/2011 08:50 IFAX faxcenter.rap1@dorsey,com d Fax Central Ij 00S/010 Sep. 1, 2011 9:47Af'l ICON CONDOMiNIUM ASS. 3056956919 No. 5308 P. 8 s n Landlord: A. A. Holdings, LLC, for itself and es agent for William Hibbs and Robert Hibbs c/o William R. ilibbs 50 South Sixth Street, Suite 1500 Minneapolis, MN 55402.1498 With Copy to: Robert R. Hibbs 493--Cranoda-131v,i Coral Gables, FL 33134 Tenant: Ginss House Productions, LLC c/o Mark Lowe Mennging Ivfcmber 434 NW 1st Avenue 11604 Ft. Lauderdale, FL 33301 Note: All rental payments should be made peyablo to "A. A. Holdings, LLC" and should be sent to 'William R. Hibbs, 50 South Sixth Street, Suite 1500, Minneapolis, MN 55402.1498. 25, Responsi )11ity for Tennnt's Invites, All of Tenant's invitees, guests and customers must conduct themselves inn professional and cartons manner while in or around the Building and the Premises, including, Without litnilalion, al) common areas and parking lots. Tenant shall control, :rnd is solely responsible for, the norther and behavior of all of its invitees, guests and customers entering in the Building clad the Premises, including, without limitation, all common areas. Tennml shall indemnify Landlord for all damages, claims, liabilities, expenses and costs, including, without limitation, reasonable attorneys' fees, to the extent riot Landlord suffers or incurs the same in connection with any Tenant brcaclncereunder regardless if the same rises to the level' of a default, Forpurposes of this section a breach is any failure by Tenant to comply With this Section. Notwithstanding anything in this Lease to the contrary, no waiver by Landlord of claims regarding property damage or subrogation provisions are applicable to any property damage enuscd by one or more ofTennnt's invitees, gueStS or Customers. During (he Term, and the renewal term if Tenant exercises its renewal option pursuant to Section 23, Tenant shalt at all limes maintain and pay premiums on Dram Shop insurance coverage for the Premises, naming both Landlord and Tenant as named insureds, with the form, substance and amount of such Dram Shop insuronce covernge being subject to Landlord's reasonable npprodnl, 26, Access to and Use of Landlgrt1's Parkin Lot, Subject to this Section 26, Tenant is granted a revocable license to use, at Tenant's risk, the enclosed parking that can be accessed from the Premises. Such parking may only be used by Tenant's employees (with a limit of ten (10) employees at any one time), and may not be used by any of Tenant's other invitees, guests or customers, and will be used by Tenant's employees, each of whom will share the parking lot with other of Landlord's tenants on the Property and with the Landlord. Landlord reserves the right to provide assigned parking if the Landlord deems it necessary, And Tenant agrees that if there is assigned parking, Tenant's employees will use only the spaces assigned to snob employees. The parking nrte shall not be considered part of the Premiscs, and the reduction or removal of such parking area shall not effect the rental amounts or conditions of this I: case. 'this Lease does not guarantee parking. 27. Tenant's Limited Use of Common Area Patio. Subject to this Section 27, during the Tenn and the renewal tern hereunder, Tenant's employees and other invitees shall have access to, And limited use of, Landlord's common arca patio space ("CAP Space"), subject to such roles and regulations regarding the use of the CAP Space as Landlord shall from time -Io- dine csinblish. It is understood and agreed that such CAP Space Is not part of the premises, thnt such CAP Space will be shared with Landlord's tenanta who are from time -to -time leasing some of or 411 of the space within Buildings numbered 2, 3 and 4 within Landlord's Properly. It Is further understood that if, in Landlord's sale judgment, any of 'rennin's employees or other invitees foil to use the CAP Space in a manner that is entirely consistent with Landlord's rules and regulations, then Landlord may provide Tenant with written notice of such fact, and, upon delivery of such notice to Tenant, Landlord may thereafter entirely restrict Tenant's and Tenant's employees and other invitees from nny Anther Access to and use of the CM' Space for the bolancc of the Term and for the renewal term hereunder. 28. Brokerage Commission. Other than the brokerage commission payable to Metro 1 Properties,lno., Landlord And Tenant represent and wnrrnnt to each other that they have dealt with no brokers, finders or the like in connection with this Lease and agree to indemnify each other and to hold each other harmless against ell such fens or commissions. 29. Casunity Damnee. If the Premises shall be damaged by fire or other casualty, Landlord shall use available Insurance proceeds to restore the same. Such restoration shall be to substantially the condition prior to the casualty, except for modifications required by zoning and building codes and other Laws (provided access to the Premises is not materially unpaired), and except that Landlord shall not be required to repair or replace any of Tenant's furniture, furnishings, fixtures or.equtpment, or any alterations or improvements in excess of any work performed or pnid for by Landlord under separate agreement signed by tha parties in eouneetlon herewith. Landlord shall not be )table for any inconvenience or annoyance to Tenant or its visitors, or injury to Tenant's business resulting in any way from such damage or the repair thereof However, Landlord shall allow Tenant a proportionate abatement of Rent during the line and to the extent the Premises arc unlit for occupancy for the purposes permitted under this Lease and not occupied by Tenant as a result thereof (unless Tenant or its employees or agents caused the damage). Notwithstanding the foregoing to the contrary, Lendlard may elect to terminate this Lease by notifying Tenant in writing ofsuoh temtinntion within sixty (60) days after the date of damage (such termination notice to include a termination date providing al least ninety (90) days for Tenant to vacate the Premises), lithe Property shall be materially damaged by Tenant or its employees or agents, or if the Property shall be rimmed by fire or other casualty or cause such that: (a) rcpnirs to the Premises and access 1 1� i/!/' A 03/01/2011 08:50 IFAX faxcenter.rapl@dorsey.cotn Sep, I. 2011 9:47AM ICON CONDOMINIUM ASS. 3056956919 No, 5308 P. 9 thereto cannot rensonnbly be completed within 120 dnys after thc casualty without the payment of overtime or other premiums, (b) more than 25% of the Premises is affected by the damage, tad fewer Men 24 months remaining in the Tenn, or any material damage occurs to the Premises during the last 12 month of the Term, or (c) the cost oldie repairs, alterations, restoration or improvement work would exceed 25% of the repincemtnt value of the Tluilding, or the nature of such work would make termination of this Lease necessary or convenient. Tenant agrees that Landlord's obligation to restore, and the abatement of Rent provided herein, shall be Tenant's sole recourse in the event of such damage, to the Premises or Property, Tennnt Acknowledges that this Section represents the entire agreement between the parties respecting damnge to the Premises or Property. 30. Tenant's Right to Terminate, Anytime on or before September 30, 2011, Tenant shall have thc right to erminate-his-beastrby-delivering to Landlord-at-Lendlortil's-ndtiress—at-Stetiorei,l-hereof 3'-cnanerwritterrntotice-of its dcsire-to terminals. in the cvent,that Tenant so elects to terminate, Landlord shall be entitled to retnin the entire Security Deposit (delivered by Tenant to Landlord pursuant to Section 3.4 above), whether or not there has been any wear and tenr or other damage to the Premises and whether or not Tenant has on obligation with respect to such wear and tear or other damage to the Premises. 31. Occasional 11so of Premises by Landlord's Owners& nd (tests. In consideration of this Lease, and for the purpose of enabling Landlord's owners (Robert Hibbs and Bill Hibbs) to enjoy and to promote use by other patrons of the club and lounge facilities operated by Tenant within the Premises, Tenant agrees that during the Term (and lease renewals), Tenant • will permit such owners and their guests (to the extent nccompnnied by owners) neecss to such facilities during normal business hours And will provide drinks to such parties, such access and such drinks fret of charge. 32, �,�i� y�c llnneous. This Lease will be construed under and governed by the laws of Plorida, Tiny provision of this Lease is illegal or uncnforccabke, it will bo severable and All other provisions will remain in force ns though the severable provision had never been included, waiver of any provision of this Lease will be deemed n waiver of any other provision, and waiver of aright or remedy hi one instance will not preclude enforcement of that same right or rernedy in the future. This Lcasc contains the entire agreement between Landlord and Tenant regarding the Premises, This Lease, end Tenant's use of the Premises and of the Common Areas outside. the Premises located on the land shall be governed by the Landlord's Rules and Regulations, as from timc-to-time modified by Landlord. Otherwise, this Lease my be modified only by an agreement in writing signed by Landlord And Tenant. No surrender of the Premises, or of the remainder of the Term, will be valid unless accepted by Landlord in writing. All provisions of this Leese will be binding on and for the benefit of the successors and Assigns of Landlord and Tenant, except that no person or entity holding under or through Tenant in violation of any provision of this Lease will have tiny right or Interest in this Lease or the ?realists. Any dispute, controversy or claim prising out of, in conjunction with or relating to this Lease or any breach or alleged breach thereof shall be determined and settled by nrbitration in Miami -Dade County, ?loridn pursuant to the laws and rules then in effect in tht state of Florida, and Tenant hereby.eonsents to the service of process on any claims made hereunder if mailed, certified mail, return receipt requested, to nny person who then occupies the Premises the addresses of the Premises es set forth in Section 23 above. This Lease shall be subject to n Guaranty ns provided for nt Exhibit C. Landlord and Tenant have executed this Lease to be effective as of the date slated in the first paragraph of this Lease. WITNESS: LANDLORD . A. A. Holdings, LLC, on behalf of itself, and as agent for the rest of Landlord, and, any assignees of such parties Robert R. Hibbs Its: fls Vice President TENANT Glass !louse Productions, L Ey: Its; Submitted into the public record in connection with item PZ.6 on 10 24 13 Todd B. Hannon City Clerk + Fax Central Z 008/010 1.33)11S RLSl M N EXHIBIT A N W MIAMI COURT BLDG #3 BLDG #4 ALLEY BLDG #2 ALLEY BLDG #5 7,412 Sq Ft 1915 OPEN ASHALT LOT BLDG #1 NORTH MIAMI AVENUE i Submitted into the public record in connection with item PZ.6 on 10/24/13 Todd B. Hannon City Clerk Lcga1 Description Lots 9 through I4, Block 20, JOHNSON & WADDELL'S ADDITION TO MIAMI SUBDIVISION, according to the Plat thereof, as recorded in Plat l3ook 13, at Page 53, of the Public Records of Miami -Dade County, Florida, together with the buildings and improvements now located upon said premises. A/K/A 1900 NORTH MIAMI AVENUE, MIAMI, FLORIDA 1901 NORTH MIAMI AVENUE, MIAMI, FLORIDA 1920 NORTH MIAMI AVENUE, MIAMI, FLORIDA 1911 N.W. MIAMI COURT, MIAMI, FLORIDA Parking Clause. During the initial Term of lease at 1915 NW MIAMI CT, iMIAMI, FLORIDA Landlord agrees to allow use to Tenant (GLASS HOUSE PRODUCTIONS LLC) a total of thirty-two (32) unreserved parking (collectively, the "SPACES") for the use of Tenant, employees and its customers. This is located at 1900 North Miami Avenue Miami, Florida 33136. (See EXHIBIT A) Use of this lot is between the hours of 7pm through Sam, 7 days per week. Tenant shall not assign or sublease any of the Spaces without the consent of Landlord. Landlord may elect to provide parking cards or keys to control access to the lot, if any. Submitted into the public record in connection with item PZ.6 on 10/24/13 Todd B. Hannon City Clerk OS/01/2011 0B:50 IFAX faxcenter.rnpl@dorsey.cora Sep. I. 2011 9:47AM ICON CONDOMINIUM ASS. 3056956919 EXHIBIT C Leese Cunrnnly i Fax Central fjo10/410 No. 5308 P. 10 In order to induce Lnndlord to execute the foregoing lease, and for other consideration, the receipt and sufficiency of which ore hereby acknowledged, the undersigned ("Guarantor") does hereby absolutely and unconditionally, jointly and severally, guarantee to Landlord, its successors and assigns, the full performance and observance of nil the covenants, conditions, and agreements provided to be performed and observed by Tenant in said lease, including, without limitation, the prompt payment of the Rent and all other amounts provided in saki lease to be paid by Tenant, and all obligations of Tenant under any parlchvtgreernent7stontge—agrcemem, „odcapretrae'tt'omtiter'agret bents etweetntl►e pt`uess now o "hereafter enierc0 m connection with said lease or the Premises thereunder (collectively referred to herein as lease). Notwithstanding the generality of the foregoing, and in addition to the other obligations atilt undersigned hereunder, the undersigned hereby agrees to indemnify and hold harmless Landlord, its employees, agents, successors and assigns, of and from all financial and legal exposure which may be incnrted by Landlord as a rtsuIl of any and all alternations, additions or improverne»ts in and to the Premises at any time during the Term, whether or not such alterations, additions and improvements were approved pursuant to Section 9 of the Lease. The undersigned hereby waives acceptance and notice of acceptance of this Guaranty, and »olive of non-pnymcnt, non- perfortnonce or non-observAnee, And all other notices and all proof or demands. The undersigned covenonts and egrets that this Guaranty shall remain and continue in hell force and effect as to any renewal, modification or extension of the lease tvhether or not the undersigned shall have received any notice of or consented so Such renewal, modification or extension. The undersigned further agrees shot the Landlord niay, at its option, proceed against the undersigned and the Tenant, jointly or severally, and may proceed against the undersigned without having commenced any action ngainst or having obtained any judgment against the Tenant and that Landlord may proceed against any one or more guarantors without proceeding against the others. No assignment or other trnnsfcr of the ?remises or the Lease, or any interest therein, shall operate to extinguish or diminish the liability of the undersigned hereunder, 1f Landlord obtains a judgment ngainst the undersigned by reason of a breach duds Guaranty, the undersigned shall pay all reasonable attorneys fees and costs incurred in any collection or attempted collection of the obligations hereby guarnnteed or in enforcing this Guaranty. This Gruarnoty shall be binding upon and inure to the benefit of the parties and their respective heirs, administrators, executors, successors and assigns. The foregoing in This Guaranty notwithstanding, Landlord and Guarantor hereby ngrcc that if, at any time during the Terra and pursuant to Section 16 of the Lease, Tenant assigns in writing Tenant's entire interest in this Lease to a person or entity that is not in any respect related to or Affiliated with Tenant (such person or entity, the "Assignee"), and such assignment hns, as of the date of such nssignmcnt ("Assignment Date"), been approved in writing by Lnndlord under the terms of Section 16, then (A) Guarantor shall not be obligated under this Guaranty for rent that becomes due under the Lease from and after the date that is thirty-six (36) Atli months following the Assignment llate (such later date, the"Guaranty Stop Date") and 03) Guarantor's obligation under this Guaranty for rent due by Assignee after the Assignment Date and before the Guaranty Stop Date shall be reduced by any rent that is No (from Assignee or any other tenant of the Premises) for the period between such dates, but only to the extent that suoh rent is actually collected by Landlord. lb/WITNESS W11EREoF, this Guaranty is executed thisday of August, 2011. LAT:01,0RO: A. A.11 • LONGS, LLC By R be t R. Hibbs Its: Vice President WITNESS: ADDRESS FOR NoncE PURPOSES: 434NW ISTAVENUE, #604 Pr. Ln1TOERDA11t, FL 33301 Submitted into the public record in connection with item PZ.6 on 10/24/13 Todd B. Hannon City Clerk PARKING LOT LEASE AGREEMENT THIS AGREEMENT made effective as of the 21st day of October, 2013. BETWEEN: Miami Design Group LLC ("Lessor") 1932 NW Miami Ct, Miami, Florida 33136 - and - Glass House Productions LLC ("Lessee") 1915 NW Miami Ct. Miami, Florida 33136 WHEREAS Lessor is the owner of record of that certain property located at 1932 NW Miami Ct, Miami, Florida 33136 ;which contains developed area for the purpose of parking of multiple vehicles (the "Parking Lot"); AND WHEREAS Lessee's business premises are located near to the Parking Lot, and Lessee requires additional parking for its customers; AND WHEREAS Lessor desires to lease to Lessee, and Lessee desires to lease from Lessor, a portion or all of the Parking Lot, all on the following terms and conditions. NOW THEREFORE THIS AGREEMENT WITNESSES that in consideration of the mutual covenants and agreements contained in this Agreement, the parties hereby agree as follows: 1. Grant of Lease : For and in consideration of the rents to be paid, Lessor does hereby lease and let unto the Lessee the Parking Lot , to be used exclusively for the purpose of off-street parking and for no other purpose during the Lessee operating business hours and mutually agreed special events. 2. Term: The initial term of this Lease shall be for a period of One(1)year, commencing on November lst ,2013 and ending on November lst, 2014. At the expiration of the initial term, Lessee item PZ.6 on Todd B. Hannon may elect to renew the Lease for an additional time with the minimum of one (1)year, for such consideration and on such terms and conditions as the parties may mutually agree, by giving Lessor thirty (30)days written notice of its intention to renew. 3. Rent: Lessee shall pay Lessor the sum of five -hundred dollars ($500.00) per month as rent for the Leased Property. The rent payment is due on or before the 3rd day of each month thereafter for the entire term of this Lease, or unless and until the Lease is otherwise terminated by either party as provided herein. 4. Termination of Lease: Lessee and Lessor agrees that a 30 day notice is required to terminate this lease agreement by either parties for acceptable reasons if done so before lease term sad above. Reasons for termination may include but not limited to; default of payment, change of use of property, sale of property, and change of "lessor." 5. Use: The Lessee's sole use of the Leased Premises shall be for the parking of vehicles used by its agents, employees, consultants, affiliates, guests, invitees and third party assignees, and designees. 6. Compliance with Laws: Throughout the term of this Lease, the Lessee, at its sole cost and expense, shall comply with any and all laws, regulations and ordinances that are applicable to the Leased Premises or any part thereof. The Lessee shall not be required to correct any condition of or on the Leased Premises that existed at the Effective Date and at that time represented a violation of, or noncompliance with, any applicable law, regulation or ordinance by the Landlord. 7. Alterations and improvements: Lessee shall make no alterations to the property or improvements on the Premises or construct any building or make any other improvements on the Premises without the prior written consent of Lessor. Any and all alterations, changes, and/or improvements built, constructed or placed on the Premises by Lessee shall, unless otherwise provided by written agreement between Lessor and Lessee, be and become the property of Lesse and remain on the Premises at the expiration or earlier termination of this Agreement. 8. Governing Law: This Agreement shall be governed, construed and interpreted by, through and under the Laws of Florida O s 3 •5 c N 0 N 4 0 0 C CCC — 0 0 4-, .— a L E .Q 0 u cjj a) V) . Todd B. Hannon Lessor: Miami Design Group LLC ("Lessor") 1932 NW Miami Ct, Miami, Florida 33136 (305)-395-74500 Sign: Print: 1, Date: td 22 12 // Lessee: Glass House Productions LLC ("Lessee") 1915 NW Miami Ct. Miami, Florida 33136 f954)-65.219886 Sign: Date: Gf` Ct(E /.3 Submitted into the public record in connection with item PZ.6 on 10/24/13 Todd B. Hannon City CIPrk