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HomeMy WebLinkAboutExhibit-SUBTHIS DOCUMENT |5ASUBSTITUTION TOORIGINAL, BACKUP ORIGINAL CAN BESEEN ATTHE END OFTHIS DOCUKxEmT� LEASE AGREEMENT This Lease Agreement ("LeuasAgreement" or"Leose^)is made and entered into in K4iami'Dade[ounty, Florida, this day of ' 2013' by and between 3700GRAND AVENUE, LLC.' a Florida Corporation (hereinafter called, "Lessor"), and the City of Miami, a municipal corporation of the State of Florida (hereinafter called "Lessee"), The terms "Lessor" and "Lessee" are intended to include the successors and assigns of the original parties and the heirs, legal representatives, successors and assigns of the respective persons who from time to time are Lessor and Lessee, wherever the context of this Lease so requires or admits. WITNESSETH That the Lessor, for and in consideration of the rents herein reserved to be paid by the Lessee, for and in consideration of the covenants to be kept and performed by the Lessee does hereby lease, let and demise unto the Lessee, a space consisting o/ approximately 1'025 square feet, as shown in Exhibit "A" ("Premises"), situated in Miomi'DodeCounty, Florida, more particularly described as37Z7Grand Avenue, Miami, Florida 33133' with a legal description being o portion of that property as shown in Exhibit "B^ 1. ACCEPTANCE OFDEMISE 8YLESSEE: The Lessee, in consideration of the demise of said Premises by the Lessor, and for the further considerations herein ag out has rented, leased and hired' and does hereby rent, lease and hire the said Premises from the Lessor, onthe terms and conditions hereinafter stated. 3.DURATION O;TERM: The Lease Term and duration of this Lease shall be for a period of 2 years (2) year ("Lease Term" or Term"), commencing upon December 1,ZOI3(^EffeciveDate^). 3. AMOUNT OFRENT AND MANNER OpPAYMENT: A) The Lessee shall pay unto the Lessor for the primary Term of this Lease $I,500.00 per month ("Rental Rate"). This is Gross Lease. The term "Gross Runt" or "Rent" more specifically refers to all rent due toLessor byLessee. The payee ofthe rent shall bethe SarnoffFoundation. B) The monthly rent shall be payable on the first day pfeach month, without notice, commencing onthe Effective Date. Q Payments are tubemade payable to: 370OGRAND AVENUE, LL[ AlTm:ANTHONY R.PARR|5H']R. MANAGER 37Z5GRAND AVENUE M|AK8|'FL33lJ]'4833 D) In the event the Term of this Lease commences on a day other than the first day of a calendar month, then upon the Effective Date hereof, Lessee shall pay Lessor a pro mta portion of full month's rent, determined by multiplying said month's rent by that amount obtained by dividing the number of days from the date of Effective Date of the next succeeding calendar month by the number ofdays inthe month inwhich the Term ofthis Lease commences. THIS DOCUMENT |SASUBSTITUTION TOORIGINAL. BACKUP ORIGINAL CAN BESEEN ATTHE END OFTHIS DOCUMENT. 4. OPTION TO EXTEND: A) Provided no default then exists' or if a default does exist, Lessee has received Notice of such default as provided herejn, has commenced the curing of said default and thereafter is diligently prosecuting such cure to completion, Lessee is hereby granted options to renew this Lease for two (2) successive terms of one (1) year each, upon the same terms and conditions set forth in this Lease EXCEPT THAT THERE SHALL BE A FIVE PERCENT (5%) INCREASE FOR EACH SUCH OPTION YEAR RNEvVAL. Said options to be exercised by Lessee giving Lessor written notice ofits request to extend the term of this Lease no later than sixty (60) days prior to the expiration of the then current term with the Lessor providing the Lessee with an approval or denial within thirty (30) days of receiving said written request from the Lessee. S. USE: A) The Lessee shall exclusively use and occupy the Premises for nffios of a Substation of the Miami Police Department. 8) That Lessee will not occupy o/use said Premises, nor permit the same to beoccupied orused for any activity which is unlawful. That it will comply with all lawful requirements of the Board of Health, Police Department, Rm Department, Municipal, County, State and Federal authorities respecting the manner in which it uses the Premises. O Lessee shall not use the interior and/or exterior portion of the Penises aa as to cause any noise, noxious odors, accumulation of waste and garbage, vibrations, damage or any other distur- bance or nuisance whatsoever which may create undue annoyance or hardship to another tenant of the Lessor, and/or to the Lessor and/or a hazard or element of waste to Lessor's property. D) Lessee shall not make any change to the exterior and/or interior portion of the Building without the express written consent of the Lessor, which consent shall not be unreasonably withheld nor delayed beyond five (6) business days from receipt of Lessee's request, and particularly the Lessee will not cause anything to be done which may impair the over-all appearance of the Building. Although the Premises is intended toinclude 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. E) Lessor hereby grants to Lessee the non-exclusive right to use, in common with Lessor and other tenants ofthe Building, the portions ofthe Building intended tohe for common use, including but not limited to, parking areas, roads, streets, drives tunnels, passageways, landscaped areas, open and enclosed malls, interior and exterior ramps, elevators, walks and arcades, if any (herein collectively referred 0oas"Common Area" or"Common Arexs"). 6. CONDITION qFPREMISES 4TTERMINATION: Upon the expiration or earlier termination of the Lease. Lessee will quit and surrender the Premises in a good and substantial state of repair, reasonable wear and tear excepted. However, Lessee shall not be obligated torepair any damage, which Lessor is required torepair under Section 17(C). 2of11 THIS DOCUMENT |SASUBSTITUTION nOORIGINAL, BACKUP ORIGINAL CAN BESEEN ATTHE END OFTHIS Despite the terminology contained in this Lease Agreement, signs shall not be erected and/or attached to any portion of the Building without the express written consent of the Lessor' which consent shall not be unreasonably withheld nor delayed beyond five (5) business days from receipt ofLessee's request. 9. REPAIRS: A) The Lessee will keep the Premises Building, Common Areas and the improvements placed therein in a good state of repair, and it will be responsible for all repairs including, but not limited to, the painting, maintenance and repairs to the interior of the Premises including all windows, doors and openings, light bulbs and within the Premises. It is further intended that the Lessor will maintain the Building including, but not limited to, the exterior masonry of the Building, existing rough plumbing, electrical service and systems, elevators, HVA[the roof, and Common Areas. D) In order to minimize any disruption to Lessee's use of the Premises, Lessor shall notify Lessee no less than 24 hours prior tuthe commencement ofany repair. Upon receiving Lessee's consent, which consent shall not be unreasonably withheld, bsuyr may construct, repair orcomplete any work hedeems necessary tomaintain the integrity ofthe Building. 10. UTILITIES: Lessor represents and warrants that water, sanitary sewers, storm sewers, electric current, gas and telephone facilities sufficient to accommodate Lessee's business are, or will be, available at the Premises un or before the Effective Date. Lessor shall pay for all water, gas, electricity and other utilities serving the Premises. 18. COVENANTS OFTHE LESSEE: A) The Lessee hereby covenants and agrees with the Lessor ashoUows: l) The Lessee is tax exempt, and shall provide upon request a copy of such exemption certificate ,othe Lessor. 8) The Lessee shall pay for the following: l) All occupational licenses and other licenses necessary in the operation of the business tobecarried on in the Premises. 2) All janitorial services and supplies for the Premises. x2.COVENANTS AFTHE LESSOR: The Lessor hereby covenants and agrees with the Lessee as follows: Aj That Lessor is, at the time of the execution of these presents, the yn|e owner in fee simple of the Building herein above described and that it has good and marketable title, and the full right to lease the same for the term aforesaid. B) That Lessor will put the Lessee in actual possession of the Premises on the Effective Date. Q That Lessor will keep the Building free and dear 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. 3nfll THIS DOCUMENT |S4SUBSTITUTION TOORIGINAL. BACKUP ORIGINAL CAN 8ESEEN ATTHE END 0FTHIS D) Lessor shall pay, prior 1odelinquency, real estate taxes and assessments which may be levied or assessed upon the Building improvements subsequent to the Effective Date. E) The Lessor further covenants that Lessor will keep the Premises, the exterior, the Common Areas and the Building, ingood repair. F) The Lessor shall provide, at no cost to the Lessee, a clumpster for regular office debris. 13.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 ten (10) days Notice to Lessor in the event that enjoyment or use of the Premises is prohibited contrary to the previous provisions. 14. LESSOR'S INSURANCE: That the Lessor will, during the Lease Term' and any extensions thereof, and at its own expense, carry fire and extended coverage insurance on the completed real estate improvements of the Building to the full insurable value. Lessor acknowledges that Lessee is self -insured for general liability, and that acertificate of insurance will not he provided nor can the Lessor be named as additional insured. Lessee agrees todefend all claims brought against the Lessee due tnthe Lessee's use ofthe Premises; provided, however, that such defense shall be subject to the immunities and limitations included within Florida Statutes, Section 768.28. 15. RESTRICTED TOEMERGENCIES: Lessor shall not be allowed on the Premises, except in case of emergency. In case of emergency, Lessor shall notify Lessee prior to entry and Lessee shall accompany Lessor onto the Premises. Lessor and Lessee stipulate that this provision results from the nature ofthe leasehold and the use of the Premises by Lessee. 16.|NQBmm|FICATON: Lessor agrees to indemnify, defend and hold harmless Lessee, its subtenants and assignees, from and against any and all debts, liens, claims, causes of action, administrative orders and notices, costs (including, without limitation, response and/or remedial costs)' personal injuries, |uooes' damages, liabilities, demands, interest, fines, penalties and expenses, including reasonable attorney's fees and expenses, consultants' fees and expenses court costs and all other out of pocket expenses' suffered or incurred by Lessee o, its subtenant, and assignees as a result of: A) the breach of any of the representation and warranties set forth herein; and 8) any occurrence, matter, condition, act n,omission involving Environmental Laws or Hazardous Materials which existed on or arose prior to commencement of the lease term and which failed to comply with the Environmental ixwo in effect as of that date or any existing common law theory based on nuisance or strict liability in existence as of that date, regardless of whether or not Lessor had knowledge ofsame usofthat date. If Lessee's use and occupancy is materially interfered with as a result of any of the above for which, Lessor is responsible under this section, Lessee, in addition to any other available remedy, shall be entitled to an abatement ofGross Rent. 4ofll THIS DOCUMENT |34SUBSTITUTION TOORIGINAL. BACKUP ORIGINAL CAN OESEEN ATTHE END OF THIS DOCUMENT. 17.ADDITIONAL MUTUAL COVENANTS: The following stipulations and agreements are expressly understood by both the Lessor and the Lessee and they dnhereby agree toabide bythem: A) In the event improvements in the Building shall be partially damaged by fire or other casualty but not rendered unrentab|e' 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 60Y6ofleased floor space usable for Lessee's purposes, and rendering the Pre- mises unfit for occupancy, the Lessor and Lessee shall both have the option of terminating this lease within thirty (30) days from the date of the casualty by providing notice to the other party. Provided that the Lessor elects to rebuild the Premises, the Lessor shall proceed with such construction and complete same with all reasonable diligence. In the event the Lessor elects not to reconstruct, then and in that event the Lease shall be deemed terminated. If the Premises are rendered untreatable, or Lessee is unable to use o portion of the Premises due to repairs, then and in that evert the Rent during the period that the Premises are in said condition shall be reduced in direct proportion to that portion of the Premises, which is, in fact, untreatable or under repair, B) The covenants and agreements contained inthis Lease are interdependent and are binding on the parties hereto, their successors and assigns. This Lease has been prepared in several cnunter' parts'eachofvvhichsaidcnunterpart,whenexecuted'shaUbedeemed1obeanuri0inu|hereo[ [) IfLessee shaU hereafter install, at its expense, any shelving, lighting and other fixtures, unit heaters, portable air conditioning units, portable partitions or any trade fixtures, orifLessee 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 atthe termination uf this Lease, provided that insuch removal Lessee shall repair any damage occasioned to the Premises' ingood workman -like manner. The Lessee has the right upon notice tothe Lessor tuinstall telecommunication services, equipment and security equipment and Lessor's consent to such installation shall not be unreasonably withheld. The Lessee shall not remove any fixtures, equipment, oradditions which are normally considered to be affixed to the realty such as, but not limited to, electrical conduit and wiring, panel or circuit boxes, terminal boxes' partition walls paneling, central air conditioning and ducts, plumbing fixtures, etc. 18. PROVISIONS OF DEFAULT: A) By Lessee: If the Lessee defaults in any rent payment required by this Lease and such default continues for thirty (30) days after receipt of Notice thereof by the Lessee, or if the Lessee defaults in any ofits other covenants, and within a period of forty-five (45) days after receipt of Notice specifying such default by the Lessee, has not cured the default or defaults, or if they cannot reasonably be cured within this period, has not yet begun to cure such default, the Lessor may at its option' but subject to other provisions of this Lease, terminate this Lease. In the event of such termination, the Lessee 'is responsible for the payment of rental installments accrued and unpaid to the date of termination. Thereafter, Lessee shall have no further obligations to make rental payments hereunder. O) Notwithstanding anything set forth within this Lease, in the event of bssn/s default, Lessee shall be entitled to pursue any and all remedies available to it at law or equity, including but not limited tothe right ofSpecific Performance. 19. NOTICES. All notices by the Lessor to the Lessee shall be given by certified mail, return receipt 5ofl1 THIS DOCUMENT |S A5U8STTUTK]N TOORIGINAL. BACKUP ORIGINAL CAN 8ESEEN ATTHE END OFTHIS DOCUMENT - requested, City ofMiami City Manager 444lVV.Z"*Avenue,lVmFloor Miami, FL33130 and a copy to City ofMiami Director ofPublic Facilities Department 4445]W.2ndAvenue,]r dF|oor Miami, FL 33130 and a copy to City nfMiami City Attorney 444 S.VV.Z-Avenue, Suite 945 Miami, FL33l30 and a copy to Miami Police Department Attn: Police Chief 4V0N.VV.2'dAvenue Miami, FL33l3l or to such other address as the Lessee may from time to time give the Lessor. If Notice bgiven by hand delivery or courier, Notice shall be deemed served on the date of such delivery. If the Notice is sent via certified maU. Notice shall bedeemed served five (5) business days after the date the Notice isdeposited with the U.5. Post Office. 30. RIGHT TOTERMINATE: Separate and apart from all other rights granted to Lessee and lessor toterminate this Lease the Lessee and lessor shall have the right at any time toterminate this Lease bygiving the other partyrat least ninety (90) days Notice.. Upon any such termination, this Lease shall terminate as though the termination were the date originally fixed asthe end of the term. 21. FORCExxAUEURE: In the event that Lessor or Lessee shall be delayed, hindered in, or prevented from the performance of any act required hereunder by reason of strikes, lockouts, inability to procure materials, restrictive governmental laws or regulations, riots' insurrection or other reason beyond their control, the prevented party shall provide Notice to the other party, and the performance of such act shall be excused for the period of the delay and the period for the performance nfany such act shall be extended for a period equivalent tothe period ufsuch delay. 6cf1l THIS DOCUMENT |SASUBSTITUTION TOORIGINAL. BACKUP ORIGINAL CAN DESEEN ATTHE END OFTHIS DOCUMENT. 22. PARKING: . Through -out the Vsnn of the Lease and any extension 1henyof. Lessor shall provide Lessee with nne(l) reserved parking space, for the sole use of Lessee, Lesee's employees, and those associated with Lessee. 23.ENV|RONK0ENTAL: A) Lessor represents and warrants to Lessee that: I) no Hazardous Materials (as defined below) have been located on the Premises or have been released into the environment, or discharged, placed or disposed of at, on or under the Premises; 2) no underground storage tanks have been or are located on the Premises; 3) the Premises have never been used as a dump for any Hazardous Materials (as defined below); and 4) the Premises and its prior uses comply with and at all times have complied with, Environmental Laws (as defined be|ow). a) The term "Hazardous Materials" d`aU mean any substance, material, waste gas, orparticulate matter which at the time of the execution of the Lease nfany 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 mateho|"' "hazardous substance", "extremely hazardous waste", or "restricted hazardous waste" under any provision ofState Law; (ii) petroleum; (iii)asbegos (iv) polychlorinated biphenyl; (v) radioactive material; (vi) designated as "hazardous substance" pursuant to Section 3I1 of the Clean Water Act, 33 U.S.C. Sec. 1251et seg. (B U.S.C. Sec. 137I); (vii) defined as u "hazardous waste" pursuant to Section IOOu of the Resource Conservation and Recovery Act, 42 U.S.C. 5ec69O1 et seg. (42 UI[Sec. 6903);or (viii) defined asa"hazardous substance" pursuant toSection IOIofthe Comprehensive Environmental Response, Compensation and Liability Act 4ZU.6.[Sec, 9sU1egseg,(4ZV.5I.Sec. 9GOI). (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. 24.mAQON GAS: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of Radon that exceed federal and gate guidelines have been found in buildings in Florida. Additional information regarding Radon and Radon testing may be obtained from your county health unit. 7of1I THIS DOCUMENT |SASUBSTITUTION T0ORIGINAL. BACKUP ORIGINAL CAN 8ESEEN 4TTHEEND OFTHIS DOCUMENT. 25. CONFLICT OFINTEREST: Lessor is aware of the conflict of interest laws of the City of Miami (Miami City [ode Chapter 2, Article V), Dade County, Florida (Dade County [ode, Section 2'11.1 et. osqj and of the State of Florida as sat 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 orresponsibilities in connection with this Agreement, has any personal financial interests, direct or indirect, with the City. Lessor further covenants that, in the performance of this Agreement, no person or entity having such conflicting interest shall be utilized in respect to services provided hereunder. Any such conflict ofinterest(d on the part of Lessor, its employees or associated persons, orentities must bedisclosed inwriting tothe City. 26. MISCELLANEOUS: 4) This Lease may be amended' modified and changed only by written instrument signed by the City Manager and the Lessor. B) This Lease shall be construed according to the laws of the state of Florida. The venue for any litigation tnthis Lease shall beMiami-Dade County, Florida. Q 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 banoe contains all terms, covenants' conditions and agreements between the parties hereto relating to the subject matter of this Lease' and that no prior agreements orunderstandings, either oral or written, pertaining to the same shall be valid or of any force and effect, and that the terms, covenants' conditions and provisions of this Lease cannot be altered, changed, modified or added to, except in writing by all parties hereto. E) Should any party or parties hereto institute any action or proceeding in Court to enforce any provision or provisions hereof, or for damages by reason of any default under this Lease, or for a declaration of such partys or parties' rights or obligations hereunder, or for any other judicial remedies, the Court may adjudge to be reasonable attorney's fees and court costs for the services rendered ,othe party orparties prevailing inany such action urproceeding. F) Lessor or Lessee's failure totake advantage of any default hereunder, or breach of any term covenant, condition or agreement ofthis 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 con/trued 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 ofa 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 he 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 oragreement ofthis Lease. G) Lessor represents that the Premises are not currently in violation of any building code, environmental regulation orother governmental ordinance or regulation. Lessor further warrants and represents that ithas received nonotice ofany such violation. 8cf11 THIS DOCUMENT |SASUBSTITUTION TOORIGINAL. BACKUP ORIGINAL CAN 8ESEEN ATTHE END QFTHIS M) Lessor agrees that the Premises now mntoml or that, prior to Lessee's occupancy, that the Premises shall, at the Lessor's sole cost and expense be brought into conformance with the requirements of Section 553.48,F.S' providing requirements for the physically handicapped per American with Disabilities Act ("ADA") compliance. |) Lessor hereby grants Lessee an easement for ingress/egress, access, parking and for driveway purpose of the Premises. J) Lessor hereby represents and warrants to Lessee that there are no tenants in the Building or other parties, who have leases oragreements which prohibit, restrict orinterfere with the use by Laope' its employees or invitees, ofthe Premises orCommon Areas. Nor will Lessor enter into any such lease oragreement, K) Lessor hereby represents and warrants to Lessee that the drinking water at the Premises is available to the degree of the educational code and it is free of all contaminants and harmful chemicals. U Lessor hereby represents and warrants to Lessee that there are no rats, rodents, termites insects, or pests of any kind within the Premises. Should Lessee evidence anything to the contrary, Lessor shall immediately rectify the situation by employing n pest extermination contractor, at Lessor's sole cost and expense' at such reasonable intervals as to keep the Premises free from such w1) 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 haconstrued infavor nforagainst either uf the parties. 27. Waiver OfJury Trial: The parties hereby knowingly, irrevocably, voluntarily and intentionally waive any right either may have to a trial byjury in respect toany action, proceeding orcounterclaim based on this Agreement, orarising 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. 9ofll THIS DOCUMENT |SASUBSTITUTION rOORIGINAL BACKUP ORIGINAL CAN 8ESEEN ATTHE END OFTHIS DOCUMENT. In Witness Whereof, the parties hereto have hereunto set their hands and seals nnthe day and year first above written, Lessor: Witness: ANTHONY RLPARRBH,]R�,MANAGER 3700 GRAND AVENUE, LLC. (as to Lessor) Date Dated and executed by the City as of 2013. ATTEST: CITY OFw1iAKx|, aMunicipal Corporation ofthe State ofFlorida By: By: Todd Hannon, IVISL Johnny Martinez, Pf. City Clerk City Manager APPROVED AS0INSURANCE APPROVED AST0LEGAL FORM AND REQUIREMENTS: CORRECTNESS: By: By Calvin Ellis, Director Risk Management Department City Attorney NctohaM(ndez 10ofll THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. "Exhibit B" MAC FARLANE HOMESTEAD PB 5-81 LOTS 3 & 5 & PORT OF LOT 4 DESC BEG NW COR OF LOT 4 TH E79.99FT SLY-SWLY AD 37.53FT SWLY56.14FT N28.61FT TO POB LOT SIZE 10502 5Q FT Folio: 01-4120-006-0030 11 of 11 SUBSTITUTED NTED LEASE AGREEMENT his Lease Agreement ("Lease Agreement" or "Lease") is made and entered into in Miami -Dade County, ida, this day of � 2013, by and between 3700 GRAND AVENUE, LLC., a Florida Co` `oration (hereinafter called, "Lessor"), and the City ofMiami, a municipal corporation of the State of For, (hereinafter called "Lessee"). The terms "Lessor" and "Lessee" are intended to Include the wccz,a^ o and assigns of the original parties and the heirs, legal representatives, successors and assign, of thenspe` 'veperouno who from time to time are Lessor and Lessee, wherever the context of this Lease so requires or . mits. WITNESSETH That the Lessor, for '~d in consideration of the rents herein reserved to be paid by the Lessee, for and in consideration ofthe c" -nants to be kept and performed by the Lessee does hereby lease, let and demise unto the Lessee, a sp. ' consisting of approximately 1,025 square feet as shown in Exhibit "A" ("Premises"), situated in 'mi'DadeCoun4\ Florida, more particularly described as 37l7Grand Avenue, Miami, Florida ]3l33, with a, -al description as shown |nExhibit "B"("Property"). z. ACCEPTANCE orDEMISE BvLES` : The Lessee, in consideration of th` demise of said Premises by the Lessor, and for the further considerations herein set out, has rente, leased and hired, and does hereby rent lease and hire the said Premises from the Lessor, onthe terms an^ onditiunvhereinafter stated. %. DURATION oFTERM: The Lease Term and duration of this Lease shall be commencing upon December 1, 2013 ("Effective Date 3. AMOUNT OF RENT AND MANNER OF PAYMENT: A) The Lessee shall pay unto the Lessor for the pri Term of this Leaseg1,5UOOV per month ("Rental Rate"). This is a Gross Lease. The term "Gross 'nt" or "Rent" more specifically refers to all rent due mLessor byLessee. The payee ofthe rent sha ^ethe SamoffFoundation, 8) The monthly rent shall bepayable onthe first day dfeac month, without notice, commencing on the Effective Date. a period of 2 years (2) year ("Lease Term" or Term"), Q Payments are to be made payable to: ANTHONY R.PAR0SHLJR. MANAGER o725GRAND AVENUE rw|AM|' FL531B'4D33 D) |nthe event the Term ofthis Lease commences nnaday other than the first ^' ofacalendar month, then upon the Effective Date hereof, Lessee shall pay Lessor pro ram p^ )on ofofull mnnth'u rant, determined by multiplying said mnnth'x rent by that amount obtaine" °y dividing the number of days from the date ofEffective Date nfthe next succeeding calendar mo by the number of days in the month in which the Term of this Lease commences. SUBSTITUTED NTED 4. OPTION TO EXTEND: /4 Provided no default then exists, or if default does exist, Lessee has received mqMpe of such default as provided herein, has commenced the curing v(said defau�tand thereafter is diligently prosecuting such cure to completion, Lessee is hereby granted options to renew this Lease for two 2) successive terms of one (1) year each, upon the same terms and conditions set forth in this ase, Said options to be exercised by Lessee giving Lessor written notice of Its request to extend thk ennofthis Lease nolater than sixty (5U)days prior tothe expiration cfthe then current tcnn with e Lessor providing the Lessee with an approval or denial within thirty (30) days of receiving said ten request from the Lessee. A) The Less- . shall use and occupy the Premises for offices of Substation of the Miami Police Department. It ' however, agreed that inthe event the Lessee shall, In its discretion deem it desirable, the Pre `isesmay beused for any other legitimate and lawful bvdnesapurpuse. O) That Lessee will no. occupy or use said Premises, nor permit the same to be occupied or used for any activity which is ` lawful. That kwill comply with all lawful requirements ofthe Board nf Health, Police Departme Fire Deportment, Municipal, County, State and Federal authorities respecting the manner inw hituses the Premises. q Lessee shall not use the int;. 'or and/or cmehn, portion of the Premises so as to cause any noise, noxious odors, accumu!atio ~fwoste and garbage, vibrations, damage or any other distur- bancepr nuisance whatsoeverwvhic " ay create undue annoyance or hardship to another tenant ofthe Lessor, and/or tothe Lessor and ohazard orelement ofwaste tnLessor's property. V) Lessee shall not make any change tothe 'terlorand/or interior portion ufthe Building without the express written consent of the icssor,w In consent shall not be unreasonably withheld nor delayed beyond five (5) business days from rece t of Lessee's request, and particularly the Lessee will not cause anything to be done which may ~pair the over-all appearance of the Building. Although the Premises |sintended toinclude the r .'dorwalls and parking spaces, asper Exhibit ^a^,the Lessee covenants that it shall not use the ' ednrpnrbon of the Premises except for parking, and Ingress and egress without the express wd 'n consent of the Lessor, which consent shall not beunreasonably withheld nor delayed beyond fiv^` ) business days. E) Lessor hereby grants mLessee the non-exclusive right tous- 'ncommon with Lessor and other tenants ofthe Building, the portions ufthe Building intended mI , for common use, including but not limited to, parking areas, mad,' streets, drives, tunnels, passag° pvs' landscaped a,ea,, open and enclosed malls, Interior and exterior ramps, elevators, walks . d arcades, if any (herein collectively referred to as "Common Area" or "Common Areas"). 6. CONDITION OF PREMISES AT TERMINATION: Upon the expiration or codKr termination of the Lease, Lessee will quit and surrender e Premises in a good and substantial state of repair, reasonable wear and tear excepted. However, Les - shall not be obligated to repair any damage, which Lessor is required to repair under Section 17 (B). 7. SIGNS: 2ofl3 SUBSTITUTED NTED Despite the terminology contained in this Lease Agreement, signs shall not be erected and/or attached to y portion of the Building without the express written consent of the Lessor, which consent shall not be u easonably withheld nor delayed beyond five (5) business days from receipt of Lessee's request. 8. REP- HS: The Lessee will keep the Premises, Building, Common Areas and the improvements placed b- `in in v good state of repair, and it will he responsible for all repairs including, but not limited to, t ' painting, maintenance and repairs to the imehn, of the Premises including all windows, doors ' d openings, all electrical, i�htbulbs and baUam� �me plumbing, and other systems imst openings,!thin the Premises, It is further intended that the Lessor will maintain the Building including, t not limited to, the exterior masonry of the 8ui|dino, existing rough plumbing, electrical ,er ce, elevators, the roof, and Common Areas. B) In order to |mize any disruption to Lessee's use ufthe Premises, Lessor shall notify Lessee noless than Z4hp. sprior tuthe commencement ofany repair. Upon receiving Lessee's consent, which consent shall ptbe unreasonably withheld, Lessor may construct, repair orcomplete any work hedeems neces ytomaintain the integrity of the Building. 10.ununES: Lessor represents and warrants that @tor, sanitary sewers, storm sewers, electric current, gas and telephone facilities sufficient tqaccomm"*ate Lessee's business are, mwill be, available at the Premises on or before the Effective Date. Lessor shall . -yfor all water, gas' electricity and other utilities serving the Premises. 11. COVENANTS OF THE LESSEE: A) The Lessee hereby covenants and agrees % ith the Lessor as follows: 1) The Lessee Is tax exempt, and sha orovide upon request a copy of such exemption certificate tnthe Lessor, 13) The Lessee shall pay for the following: 1) All occupational licenses and other licenses ecessary in the operation of the business tobecarried oninthe Premises. 2) All janitorial services and supplies for thcPremise 12. COVENANTS 0FTHE 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 so ' owner in fee simple of the Building herein above described and that it has good and marketable t e, and the full right to lease the same for the term aforesaid. B) That Lessor will put the Lessee in actual possession of the Premises on the Eff- tive Date. q That Lessor will keep the Building free and dear of any and all Upro on a "unt of any construction, repair, alterations or improvements which Lessor may be obligated ° make or perform under this Lease. Lessor shall keep any and all mortgage payments current a ' in good standing. 3 ofl3 SUBSTITUTED D) Lessor shall pay, prior to delinquency, real estate taxes and assessments which may be levied or assessed upon the Building improvements subsequent tothe Effective Date. E) The Lessor further covenants that Lessor will keep the Premises, the exterior, the common Areas and the Building, ingood repair. The Lessor shall provide, at no cost to the Lessee, a clumpster for regular office debris, x3.QUIET cm1%vMsmr Lessee or its x-`lesoee, on payment of the mm herein provided and performance of its obligations, hereunder, shall m " may peacefully and quietly have, hold' and enjoy the Premises for the term hereof or any extension or re -wa| thereof with all rights and privileges and for the use herein provided. Without limiting any ofIts righ` Lessee may terminate and cancel this Lease upon ten (10) days Notice to Lessor in the event that enjoymc oruse ofthe Premises i,prohibited contrary tothe previous provisions. zo'LESSOR'S INSURANCE: That the Lessor will, during the and extended coverage insurance insurable value. Lessor acknowledges insurance will not beprovided nor can all claims brought against the Lessee due defense shall be subject to the immunities 15. RESTRICTED TO EMERGENCIES; Leom`haUnot brallowed onthe Premises, except case ofemergency. |ncase of emergency, Lessor shah notify Lessee prior to entry and Lessee shall accn any icsonr onto the Premiseo. Lessor and Lessee stipulate that this provision results from the nature nfth leasehold and the use pfthe Premises byLessee, e Term, and any extensions thereof, and at its own expense, carry fire he completed real estate improvements of the Building to the full at Lessee is self -insured for generai liability, and that a certificate of essor be named as additional insured. Lessee agrees to defend heLessee's use ofthe Premises; provided, however, that such a * limitations Included within Florida Statutes, Section 768.28. x*. |mosxxm|ncATIOmr Lessor agrees to indemnify, defend and hold harmless Leoe" its subtenants and assignees, from and against any and all debts, liens, claims, causes ofaction, adminbt - iveorders and notices, costs (induding, without limitation, response and/or remedial co,t,),personal inju,!- losses, damages, liabilities, demands, interest, Une,'penalties and expenses, including reasonable attorney - eesand expenses, consultants' fees and expenses' court pasts and all other out of pocket expenses, su^ 'eJ or Incurred by Lessee or its subtenants and assignees as a result of: A) the breach of any of the representation and warranties set forth h. ein; and BV any occurrence, matter, condition, act oromission invoWngEnvimn -nm/ Laws nrHazardous Materials which existed on or arose prior to commencement of the lease t~ m and which failed to comply with the Environmental Laws in effect as of that date or any exlst|n: ommun law theory based on nuisance or strict liability in existence as of that date, regardless of w' 'therprnot Lessor had knowledge of same as of that date. If Lessee's use and occupancy is materially interfered with as a result of any of the above for h|ch, Lessor is responsible under this section, Lessee, in addition to any other available remedy, shall be e tied to an abatement of Gross Rent. 4ofls SUBSTITUTED 7. ADDITIONAL MUTUAL COVENANTS: e following stipulations and agreements are expressly understood by both the Lessor and the Lessee and h do hereby agree to abide by them: n the event improvements in the Building shall be partially damaged by fire or other casualty b not rendered unrentable, the same shall be repaired with due diligence by the Lessor, and at Lesss expense. If the Premises shall be damaged by fire, the elements or unavoidable casualty, leavin more than 60% of leased floor space usable for Lessee's purposes, and rendering the Pre- mises u It for occupancy, the Lessor and Lessee shall both have the option of terminating this lease with thirty (30) days from the date of the casualty by providing notice to the other party. Provided th. the Lessor elects to rebuild the Premises, the Lessor shall proceed with such construction . ,d complete same with all reasonable diligence. In the event the Lessor elects not to reconstruct, 'en and in that event the Lease shall be deemed terminated. If the Premises are rendered untreat 'le, or Lessee is unable to use a portion of the Premises due to repairs, then and in that event the Re during the period that the Premises are in said condition shall be reduced in direct proportion to t portion of the Premises, which is, in fact, untreatable or under repair. B) The covenants and ag ements contained in this Lease are interdependent and are binding on the parties hereto, their suc, ssors and assigns. This Lease has been prepared in several counter- parts, each of which said coun,-rpart, when executed, shall be deemed to be an original hereof. C) If Lessee shah hereafter inst. at its expense, any shelving, lighting and other fixtures, unit heaters, portable air conditioning u 'ts, portable partitions or any trade fixtures, or if Lessee shall hereafter install or apply any advert 'ng signs or other standard identifications of Lessee, any article so installed or any identification s applied shall be the property of the Lessee, which Lessee may remove at the termination of this Lea -, provided that in such removal Lessee shall repair any damage occasioned to the Premises, in gooorkman-like manner. The Lessee has the right upon notice to the Lessor to install telecommunicat services, equipment and security equipment and Lessor's consent to such installation shall not , unreasonably withheld. The Lessee shall not remove any fixtures, equipment, or additions wh are normally considered to be affixed to the realty such as, but not limited to, electrical condu`. and wiring, panel or circuit boxes, terminal boxes, partition walls paneling, central air conditionin: -nd ducts, plumbing fixtures, etc. 18. PROVISIONS OF DEFAULT: A) By Lessee: If the Lessee defaults in any rent payment req continues for thirty (30) days after receipt of Notice thereof by in any of its other covenants, and within a period of forty-flve specifying such default by the Lessee, has not cured the defaul reasonably be cured within this period, has not yet begun to cure suc its option, but subject to other provisions of this Lease, terminate this termination, the Lessee is responsible for the payment of rental insta to the date of termination. Thereafter, Lessee shall have no further oblig payments hereunder. ed by this Lease and such default essee, or if the Lessee defaults days after receipt of Notice defaults, or if they cannot default, the Lessor may at e. In the event of such s accrued and unpaid ns to make rental B) Notwithstanding anything set forth within this Lease, in the event of Lessor shall be entitled to pursue any and all remedies available to it at law or equity, Inc limited to the right of Specific Performance. 5 of 13 efault, Lessee ing but not SUBSTITUTED 19. NOTICES. All notices by the Lessor to the Lessee shall be given by certified mail, return receipt equested, hand delivery, or courier, ("Notice") addressed to the Lessee at: City of Miami City Manager 444 S.W. 2"d Avenue, loth Floor ami, FL 33130 and a copy to City of mi Director o 'ublic Facilities Department 444 S.W. 2 venue, 3rd Floor Miami, FL 331 and a copy to City of Miami City Attorney 444 S.W. 2"d Avenue, Suite 9 Miami, FL 33130 and a copy to Miami Police Department Attn: Police Chief 400 N.W. 2"d Avenue Miami, FL 33131 or to such other address as the Lessee may from time to e give the Lessor. If Notice is given by hand delivery or courier, Notice shall be deemed served on the • te of such delivery. If the Notice is sent via certified mail, Notice shall be deemed served five (5) busines says after the date the Notice is deposited with the U.S. Post Office. 20. RIGHT TO TERMINATE: Separate and apart from all other rights granted to Lessee and Lessor to te inate this Lease, the Lessee and Lessor shall have the right at any time to terminate this Lease by giving t each party at least ninety (90) days Notice. Upon any such termination, this Lease shall terminate as thoug he termination were the date originally fixed as the end of the term. 21. FORCE MAJEURE: In the event that Lessor or Lessee shall be delayed, hindered in, or prevented from the per mance of any act required hereunder by reason of strikes, lockouts, inability to procure materia restrictive governmental laws or regulations, riots, insurrection or other reason beyond their control, the •revented party shall provide Notice to the other party, and the performance of such act shall be excus- ' for the period of the delay and the period for the performance of any such act shall be extended for . •eriod equivalent to the period of such delay. 6of13 SUBSTITUTED .pA:mNG: ough-cut the term of the Lease and any extension thereof, Lessor shall provide Lessee with one (1) e -rved parking space, for the sole use of Lessee, Lessee's employees, and those associated with Lessee. 23.sm 'ONMsNTAu A Lessor represents and warrants to Lessee that: ) no Hazardous Materials (as defined below) have been located on the Premises orhave een released into the environment, or discharged, placed or disposed of at, on or under Premises; 2) n, , nderground storage tanks have been or are located on the Premises; 3) the P mises have never been used as a dump for any Hazardous Materials (as defined below); an 4) the Premi and its prior uses comply with and at all times have complied with, Environmental L. s (as defined below), a) The ter "Hazardous KAateria|s^ shall mean any substance, material, waste gas, orpartic `tematter which atthe Umeofthe execut|onofthe Lease ofany time thereafter regulated by any local governmental authority, the State in which the Premis^is located, or the United States Government, including but not limited to, any Aerial or substance which is: (i) defined "extremely hao,^"w any provision ofS (ii)petpo|evm; (Iii) asbestos (iv) po|ych|odnatedWph (v) radioactive material; (vi) designated as a "hazard the Clean Water Act, 33U.5.C.S (vii) defined as a "hazardous Resource Conservation a^dnecov, (viii) defined a,a"hazardous substun Comprehensive Environmental Response, Act 42U.5,C.Sec. 96V1et seg. (oIU.lC.Sec. (ix)The term "Environmental Laws" shall n described in the foregoing sentence and a governmental health and safety statutes, regulations, orders and decrees regulating to or i standard concerning or in connection with Hazardous 24. RADON GAS: Radon is n naturally occurring radioactive gas that, when it he accumulated in u building in fficient quantities, may present health risks to persons who are exposed to it over time. Levels of Rao that a "hazardous material", "hazardous substance", waste", or "restricted hazardous waste" under ' substance" pursuant to Section 311 of iZ5l,xseg. (3BU.S.C,Sec, l37l); e^ pursuant to Section 1004 of the '4zu�.cSec. oeozmseg. (4z uouantmSection 1Vzurthe pensaUnn and Liability 5O1). e', all statutes specifically eral, state, and local ord| `nces,mdcs, rules, odng liability or teha|s. 7ofI3 SUBSTITUTED xceed federal and state guidelines have been found in buildings in Florida. Additional information arding Radon and Radon testing may be obtained from your county health unit. 25. ' NFLICT OF INTEREST: Lessor 1 .ware of the conflict of interest laws of the City of Miami (Miami City Code Chapter 2, Article V), Dade Cou y, Florida (Dade County Code, Section 2-11.1 et. seq.) and of the State of Florida as set forth in the Florida atutes, and agrees that it will fully comply in all respects with the terms of said laws and any future amen• ents thereto. Lessor covenants that no person or entity under its employ, presently exercising any ctions or responsibilities in connection with this Agreement, has any personal financial Interests, direct indirect, with the City. Lessor further covenants that, in the performance of this Agreement, no per .n or entity having such conflicting interest shall be utilized in respect to services provided hereunder. ny such conflict of interest(s) on the part of Lessor, its employees or associated persons, or entities mu be disclosed in writing to the City. 26. MISCELLANEOUS: A) This Lease may be ended, modified and changed only by written instrument signed by the City Manager and the Le •r. B) This Lease shall be const ed according to the laws of the state of Florida. The venue for any litigation to this Lease shall be 4iami-Dade County, Florida. C) Should any portion of this Leas e declared invalid and unenforceable, then such portion shall be deemed to be severable from this ease and shall not affect the remainder thereof. D) It is expressly understood that t agreements between the parties hereto r prior agreements or understandings, either of any force and effect, and that the terms, cannot be altered, changed, modified or added Lease contains all terms, covenants, conditions and ting to the subject matter of this Lease, and that no I or written, pertaining to the same shall be valid or venants, conditions and provisions of this Lease t except in writing by all parties hereto. E) Should any party or parties hereto institute any ction or proceeding in Court to enforce any provision or provisions hereof, or for damages by rea n of any default under this Lease, or for a declaration of such party's or parties' rights or obligat 'ns hereunder, or for any other judicial remedies, the Court may adjudge to be reasonable attorn 's fees and court costs for the services rendered to the party or parties prevailing in any such action r proceeding. F) Lessor or Lessee's failure to take advantage of any default reunder, or breach of any term, covenant, condition or agreement of this Lease on the part of Le ee or Lessor to be performed shall not be (or be construed to be) a waiver thereof, nor shall any . stom or practice which may grow between the parties in the course of administering this Lease . - construed to waive or to lessen the right of Lessor or Lessee to insist upon the performance by Le ee or Lessor of any term, covenant, condition or agreement hereof, or to exercise any rights give by either of them on account of any such default or breach. Waiver of a particular default under . breach of any term, covenant, condition or agreement of this Lease, or any leniency shown by essor or Lessee in respect thereto, shall not be construed as or constitute a waiver of any of •r or subsequent defaults under this Lease, or a waiver of the right of either party to proceed agai t the other for the same or any other subsequent default under, or breach of any other term, cove nt, condition or agreement of this Lease. G) Lessor represents that the Premises are not currently in violation of any buildi code, environmental regulation or other governmental ordinance or regulation. Lessor further w. ants 8 of 13 SUBSTITUTED 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 emises shall, at the Lessor's sole cost and expense, be brought into conformance with the uirements of Section 553.48,F.S., providing requirements for the physically handicapped per A rican with Disabilities Act ("ADA") compliance. |) bs [ hereby grants Lessee an easement foxm8,ea/egress, access, parking and for driveway purpcoe, the Premises, ]) Lessor h~ -by represents and warrants to Lessee that there are no tenants in the Building or other parties, he have leases or agreements which prohibit, restrict or interfere with the use by Lessee, its emp|° asorinvitees, ofthe Premises nrCommon Areas. Nor will Lessor enter Into any such lease oraBe~^ cnt. W Lessor hereby rep ents and warrants to Lessee that the drinking water at the Premises is available to the degree of the educational code and It is free of all contaminants and harmful U Lessor hereby represents nd warrants to Lessee that there are no su' rodents, termites, insects, or pests ufany kind wit' the Premises. Should Lessee evidence anything tothe contrary, Lessor shall immediately rectify e situation by employing a pest extermination contractor, at Lessor's sole cost and expense, at reasonable intervals ps to keep the Premises free from such pests. K3) This Lease Agreement is the rea typed/printed byone party for the ounvrn Lease Agreement shall not be construed in 27. Waiver OfJury Trial; The parties hereby knowingly, irrevocably, voluntarily and int trial by jury in respect to any action, proceeding or counterclai under nrin connection with this Agreement vr any amendmen other agreement executed by and between the parties in conne conduct, course of dealing, statements (whether verbal or written) waiver of jury trial provision is a material inducement for the bssu Agreement. negotiations between the parties and has been ce of both parties, and the parties covenant that this a ofuragainst either ofthe parties, 9ofl3 onally waive any right either may have to a on this Agreement, or arising out of, modification of this Agreement, or any o ith this Agreement, or any course of actions of any party hereto. This SUBSTITUTED NTED /n VVhneo Whereof, the parties hereto have hereunto set their hands and ocab on the day and st above written. Lessor: Witness: /\ HONYR.RuRR|StJR, | 370`GRAND AVENUE, UI. | as to Lesso Date Dated and executed by the ,'ty as of , 2013. CITY DpmU\MI, aMunicipal Corporation ofthe 5tvtcpfFlorida By: By: Todd Hannon City Clerk Johnny Martinez, P.E. City Manager APPROVED A3TOINSURANCE APPROVED A5TOLEGAL FORM AND REQUIREMENTS: CORRECTNESS: By: By Calvin Ellis, Director Risk Management Department City ttorney N°aria K46ndo / i / ORSNNG DAR.GA E4 E0TSNc WRONG ROTA PART OFINNIN KT SITE Tt PLAN mi K- 1 ASO SF., CROSS COMMEMOAL/RUA( COMMERUPL/REfAIL 1,044 SF. GROSS RBIDERDGC EESIDENTI4 M{{4R1OM REMODEUNG Of OPM GROUND ROM SPAGFS UP0 UDING NEW TOILET ROOMS NMCONOt%IMNG AND ELECTRIGK. NEW INTERIOR STAIRS TO PROVIDE WORK MO LIVING INCLUDING NEW TOILET ROOMS. RR CONOITONING AND REPLACEMENT OF WINDOWS. E%TERMIR PAWING, 8 A-1 MN go TO WOOCOO i N ED ...... --1 1 Ar0i6N-0.1. n— ...., ISTING SECOND FLOOR ( TO RE UL 1/4--v-er , ) x NNW?, r 1 MI% 0 , i 1 / a ... TO , , r41 ,_ -4 a E.. t.- I PROPOSED GROUND FLOOR sril.f. I/ 4-,1"-a" MARK SUE IT • , IS NC • rs anon ad,,,,Its WINDOW SCHEDULE WASS-DADE PLOA 1=traZir" ANCHORS MP°. •-ifr PAIW.I.N, LEGEND warm r corceenr....tt Elm too r a.orrt WaLcwirr 0MM( OMOO*Ralm rem OW, imam from. NM. MM. ••,"•••g•,•,..s,,gpo, 31141S/Aret- . •Ofr,03•071,121,E1,214 4••••••,•••• 0,13 • Ir. NO,coco.OLuocatoi WSW,. er2.101/I 11 = sesmaraime - SOW fr IYAJL,J£G.V1.1131eiret.C. 401112•06,0:1 PAW. VIZSIT.Z CONS S.L.LICIIM.M.P.DC•213 0, az.7..,ERMORtift Inuo....opTol.tonow.io a••• •••• I 1, .4. .••• I 1, CUM IT. SPAONO =WM. MAO OLL WAGS swim ow. At. Wiot SHUTTEFI SCHEDULE PARK 0..E1O .AN Kau CIEZI4 LOAD. s tOr ••••71•1• 14104-DADE NOA 7.,,,•••••1? t.,•160.11• r,v=, 044o, A mon MGM e1114.13 ° ,11•191 ,3••••••0A•11•41l 0001•9•311, A-3 SUBSTITUTED "Exhibit B" MA . RLANE HOMESTEAD PB 5-81 LOTS 3 & 5 & PORT OF LOT 4 DESC BEG NW COR OF LOT 4 TH E79,99FT SLY- S Y AD 37.53FT SWLY56.14FT N28.61FT TO POB LOT SIZE 10502 SQ FT Folio: 01-4 n'O-006-0030 13 of 13