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HomeMy WebLinkAboutLease AgreementLEASE AGREEMENT This Lease Agreement (the "Lease Agreement" or "Lease") is made and entered into in. Miami, .Dade County, Florida, this day of N L Oft_ , 2012, by and between Centennial Express incorporated, a Florida Corporation hereinafter called, "Lessor", and the City of Miami, a municipal corporation of the State of. Florida, hereinafter called "Lessee", the term "Lessor" and "Lessee" being intended to include the successors and assigns of the original parties and the hairs, 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. Witnessetit 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 warehouse/office space consisting of approximately 1,326 square feet, as shown in Exhibit "A" ("Premises"), situated at 1251 NW 3611' Street, Miami -Davie County, Florida 33142, with legal description as shown in Exhibit "f' (°`Property"). 1. ACCEPTANCE OF DEMISE BY LESSEE; The Lessee, in consideration of the demise of said Premises by the Lessor, and for the further considerations herein set out, has rented, lemsed and hired, and does hereby rent, lease and hire the said Premises fiom the Lessor, on the terms and conditions hereinafter stated. 2. TERM: The term of this Lease shall commence upon December 1, 2012 ("Effective Date") and shall continue for a term of one (1) year ("Lease Terms" or "Term"). 3. OPTION TO EXTEND: Provided no default then exists, or if a default does exist, Lessee has received Notice of suchdefault as provided herein, has commenced the curial; of said deMult and fiterealter Is diligently prosecuting such' ewe to completion, Lessee may request to extend this Lease for Hvo (5) successive terms of one (1) year each, upon the same terms and conditions set forth in this Lease. Said individual options shall be exercised by Lessee first giving Lessor written notice, no later titan three (3) months prior to the expiration of the then current term, of its desire to extend the term of this Lease. Upon the Lessee providing Lessor with written notification, Lessor shalt provide Lessee with an approval or a denial within one (1) month of having received Lessee's written notification. 4. AMOUNT OF RENT AND MANNER OF PAYMENT: A) The Lessee shalt pay Unto the Lessor a Monthly Rent of $1,500.00 commencing on. the Effective Date ("Monthly Gross Rent" or "Monthly Rent"). The tern? "Monthly Gross Rent" or "Monthly Vent" more specifically refers to all rent due to Lessor by Lessee inclusive of base rent, insurance, real state taxes, maintenance, repairs, security, utilities, administrative fees, and all other expenses related to the rental of the Promises, with the exclusion of janitorial services & electric. B) The Monthly Rent shall be payable, in ndvanee, on the first day of each month, without notice, commencing on the Rff.'ective Date. C) 'r'he Rental Rate for the first extended term(s) shall be adjusted. L es,4ee agrees to pay Lessor an increase in the Rental Rate which shaft be calculated as the lesser of l.) three percent (3%) of the previous tearm or extended term's rental rate, or 2) the increase in. the Consumer Price Index as published by the United States Department of Labor, Bureau of Labor Statistics, Consumer Price Index, US City Average for all Urban Consumers, Seasonally Adjusted Miami -Ft. Lauderdale, AJ1 Items (198244.400) (the "CPI"), The GPI increase shall be calculated by multiplying the Rental Rate at the end of the preceding lease year by a fraoiion, which numerator shall be the difference in (i) the CPI two (2) months prior to the beginning of the extended terns for which the adjustment is to bo made, minus (ii) the CPI published two (2) months immediately prior to the preceding lease year ("Comparison Year"), and the denominator is the same as (ii) above. D) Payments are to be made payable to: Centennial Express Incorporated c/o golden Sands 2500 N.W. 39th Street, Suite 104 Miami, Florida 33142 E) In the event the Term of this Lease commences on a day other than the first Slay of a calendar month, then upon the day of commencement of the Term hereof, Lessee shall pay Lessor a pr•o rats portion of a 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 commencement to the first d►ay of the next succeeding, calendar month by the number of days in the month in which the Terra of this Lease commences. 5. LESSEE'S SUBORDINATION TO MORTGAGE: It is specifically understood and agreed by and between the Lessor and the Lessee that the Lessor my, from time to time, secure a oonstruction and/or first mortgage on the Property from a bank, savings and loan association, insurance company or other recognized lending institution; and that this Lease is and shall be subordinate. to the lien of said consiruotion and/or first mortgage; and the Lessee agrees that it will execute such subordination or other documents or agreements as may be requested or required by such lending institution, provided however, that the mortgage and/or subordination agreement, as the Tending institution may direct, shall contain a provision which states, in effort, that the Lessee shall not be disturbed in its possession and occupancy of the Premises during the Term of the Lease, notwithstanding any such mortgage or mortgages, provided that the Lessee shall comply with and perform its obligations hereunder. 6. USE: A) The Lessee shall use and occupy the Treatises for warehouse/office space. It is, however, agreed that in. the event the Lessee shall, in its discretion deem it desirable, the Premises may be used for any other legitimate and lawful business purpose. 13) That Lessee will not occupy or i►se said Premises, nor permit the same to be occupied or used for any business which. is unlawful. That it will comply with all lawful requirements of the Board of Health, Police Department, Fire Department, Municipal, County, State and Federal authorities respecting the manner in which it uses the Premises. C) Lessee shall not use the interior and/or cattalos portion of the Premises so as to cause any noise, noxious odors, accumulation of waste ► nd garbage, vibrations, damage or any other disturbance or nuisance whatsoever which may create undue annoyance or hardship to another tenant of the Lessor, and/or to the Lasser and/or a hazard or element of waste to Lessor's property, D) Lessee shall not ►nake any change to the exterior and/or interior portion of the Premises without the express written consent of the. Lessor, which consent shall not be unreasonably withheld. nor delayed beyond five (5) business days from receipt of Lessee's request, and particularly the Lessee will not came anything to be done which may impair the over-all appearance of the Property. Although the Premises is intended to include the exterior walls and parking spaces, the Lessee covenants that it shall not use the exterior portion of the Property 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, The Lessee shall not cause the aooess street or entrances to the Property to be unnecessarily blocked so as to cause any disruption of truffle. E) Lessor hereby grants to Lessee the non-exclusive right to use, in ooinmon with Lessor and other tenants alto Property, the portions of the Property intended to be for common use, including but not limited to, parking areas, roads, streets, drives, tunnels, passageways, landscaped areas, interior and 2 exterior ramps, elevators, walks and arcades, if any (herein collectively referred to as "Common Area" or "Common Areas"). 7. CONDITION OP PREMISES uMISES AT TERMINATION: 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 to repair any damage which Lessor is required to repair under Article 18 (B), $. BOLD OVER In the absence of any written agreement to the contrary, if Lessee should remain in occupancy of the Premises after the expiration of the Lease Term, it shall so remain as a tenant from month -to -month and the M.onthiy Rent shaft be the same Monthly Rent.ns the last in effect. All provisions of this lease applicable to such tenancy shall remain in full force and effect. 9. SIGNS: Despite the terminology contained in this Lease Agreement, signs shall not be erected and/or attihed to any portion of the Property without the express written consent of the Lessor, which consent shall, not be unreasonably withheld nor delayed beyond five (5) business days from receipt of Lessee's request. 10. IMPROVEMENTS: N/A 11, REPAIRS: A) The Lessor Will keep the Premises, 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, niaintenanee and relaairs to the interior of the Premises including all windows, doors and openings, all electrical, light bulbs and ballasts, plumbing, fixtures and other systems Installed within the Premises. However, any repairs necessitated by the negligence or willful misconduct of Lessee and Lessee's agent or repairs necessitated for above normal wear and tear will be repaired by Lessor and the Lessor shall have the right to recoup the cost of such repairs by showing Lessee evidence of the Lessee's negligence or witithi misconduct or above normal wear and. tear. It is further intended That the Lessor will maintain the Property including, but not limited to, the exterior masonry of the building, existing rough plumbing, electrical service, elevators, the roof, parking and Common Areas. B) In order to miniinire any disruption to Lessee's use of the Premises, Lessor shall notify Lessee no loss than 24 hours prior to the commencement of any repair. Upon receiving Lessee's consent, which consent shall not be unreasonably withheld, Lessor may construct, repair or complete any work he deems necessary to maintain the integrity of the Property. Should any of the Premises be unusable to Lessee as a result of Lessor's repairs, the Lessee shalt receive a rent abatement for the. period of time such repairs are undertaken, provided, however, that if the Premises bocomo unusable, in Lessee's sole discretion,. as a result of Lessor's work, for a period in excess of 7 days, Lessee shall bave the right to terminate the Lease by written notice to Lessor given at least 14 days prior to the date of termination. 12. UTILITIES: Lessor represents and warrants that water, sanitary sewers, storm sewers, electric current, gas and telephone facilities suf icient to accommodate Lessee's business are, or will be, available at the Premises on or before the Effeetive Date. Lessor shall pay for all water, gas, acid other utilities serving the Premises with the exclusion of electricity and telephone. 1.3. COVENANTS OF TICE LESSEE; A) The Lessee hereby covenants and agrees with the Lessor as follows: 1) That the Lessen takes all risk of any damage to Lessee's property that may by reason of water or the bursting or leaking of any pipes or waste water about said Premises, or from any act 3 of Negligence of any cotenant or other occupants of the Property, or of any other person, or fire, or hurricane, flooding or other acts of God, or from any cause whatsoever, including loss or damage as a result of thefts, except for losses or damages caused by the Lo8sor's negligence. 2) The Lessee is tax exempt, and shall provide upon request a copy of such exemption certificate to the Lessor. B) The Lessee shall play for the following: 1) All occupational licenses, and other licenses necessary hi the operation of the business to be carried on in the P1'0111ises. 2) All janitorial services and supplies for the Premises. 14. COVENANTS OF THE LESSOR: The Lessor hereby covenants and agrees with the Lessee as follows: A) That Lessor is, at the time of the execution of these presents, the sole owner in fee simple of the Property herein above described and that it has good and marketable title, and the full right to lease the same for the term aforesaid. B) That Lessor will keep the Property free end clear of any and ail liens on account of any construction, repair, alterations or improvements which Lessor racy be obligated to make or perform under this Lease. Lessor shall keep any and all mortgage payments current and in good standing. C) Lessor shall pay, prior to delinquency, real estate taxes and assessments which may be levied or assessed upon the Property improvements subsequent to the Effective Date. D) The Lessor further covenants that Lessor will keep the Premises, the exterior of the building, the Common Areas at the Property, in good repair. E) The Lessor shall provide, at no cost to the Lessee, a duinpster for regular office debris. 15, 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 Pre►nines for the terns hereof or any extension or renewal thereof with all rights and privileges and for the use herein provided. Without limiting any of its rights, Lessen 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. 16. LESSOR'S INSURANCE That the Lessor will, during the Lease teran, and any extensions thereof, and at its own expense, carry tire and extended coverage insurance on the Property to the full insurable value. Lessor acknowledges tliat Lessee is self -insured for general liability, and that a certificate of insurance will not be provided nor can the Lessor be named as additional insured. Lessee agrees to defend all claims brought against the Lessee due to the Lessee's use of the Premises; provided, however, that such defense shall be subject to the immunities and limitations inelndcd within Florida Statutes, Section 768.28. 17. INDEMNIFICATION: Lessor agrees to indemnify, defend and hold harmless Lessee, its subtenants and assignees, froin and against any and all debts, lietas, claims, Causes of action, administrative orders and notices, costs (including, without limitation, response and/or remedial costs), personal injuries, losses, 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 or its subtenants and assignees as a result oft 4 A) The breach of any of the representation and warranties set forth herein; and 13) any occurrence, matter, condition, act or omission involving Environmental Laws or hazardous Materials which existed on or those prior to comJnetleoir►ent of the Lease Term and which failed to comply with the .Environmental Laws in effect as of that date or stay existing common law theory based on nuisance or strict liability in existence as of that date, regardless of whether or not Lessor had knowledge of same as of that date. If Lessee's use and occupancy in materially interfered with as a result of any of the above for which Lessor is responsible under this section, Lessee, in addition to any other available remedy, shall be entitled to an abatement of Monthly Rent. Should the Promises become unusable, in Lessee's sole discretion, as a result of arty of the above, for a period in excess of 7 days, Lessee shall have the right to terminate the Lease by written notice to Lessor given at least 14 days prior to the date of terininntion. 18. ADDITIONAL MUTUAL COVENANTS: The following stipulations and agreements are expressly understood by both the Lessor and the Lessee and they do hereby agree to abide by them: A) That in the event the Lessor shall fail to make the payments on any mortgages, or taxes or other payments on the Property which Lessor is required to pay, the Lessee may, but shall not he required to, make such mortgage or tax payments or such other payments or do such ants and things as may be necessary to keep the mortgage or taxes on the Property from being in default, and may deduct the cost thereof from the next ensuing rentals due under this Lease, 13) In the event the Property shall be partially damaged by fire or other casualty but not rendered unrentable, the same shall be repaired with due diligence by the Lessor, and at Lessor's expense. If the Premises shall be damaged by fire, the elements or unavoidable easnalty, leaving more than 60% of leased floor space usable for Lessee's purposes, and rendering the Premises 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 oasualty 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 recoixstsuct, or reconstruction exceeds thirty (30) days, then and in that event the Lease shall be deemed terminated. If the Premises are rendered untenantabio, or Lessee is unable to use a portion of the Premises due to repairs,. then and In that event the Rent during the period that the Premises are in saki condition shall be reduced in direct proportion to that portion of the Premises which is, in fact, untenantahle or under repair. C) The covenants and agreetents eontaitted in this Lease are interdependent and are binding en the parties hereto, their successors and assigns. This Lease has been prepared in several counterparts, each of which said counterpart, when executed, shall be deemed to be an original hereof. 10) If .Lessen shall hereafter install, at its expense, any shelving, lighting and other fixtures, unit heaters, portable air conditioning units, portable partitions or any trade fixtures, or if Lessee shall hereafter install or apply any advertising signs or other standard identifications of Lessee, any article so installed or any identification so applied shall be the property of the .Lessee, which Lessee may remove at the termination nfthis Lease, provided that in such removal Lessee shall repair any damage occasioned to the .Premises, in good workman -like manner. The Lessee has the right upon Notice to the Lessor to install telecommunication services and equipment and Lessor's consent to sack installation shall not be unreasonably withheld. The Lessee shalt not remove any fixtures, equipment, or additions which are normally considered to be affixed to the realty such as, but not limited to, electrical conduit and wiring, panel or circuit boxes, terminal boxes, partition walls paneling, central air conditioning and ducts, plumbing fixtures, etc. E) Each party represents and warrants that it dealt with no broker in connection with this transaction, 5 19. PROVISIONS OIL DEFAULT: A) By Lessee: If the Lessee defaults in any rent payment required by this Lease and suoh default continues for thirty (30) days after receipt of Notice thereof by the Lessee, or if the Lessee defaults in any of its 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 pure 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 scorned and unpaid to the date of termination, Thereafter, Lessee shall have no further obligations to make rental payments hereunder. B) By Lessor: Should the Lessor default in the payment of Any obligation under arty mortgage, deed of trust, judgment, assessment, tax or outer encumbrance affecting the Premises, or fail to perform any obligation specified under this Lease, Lessee shall have the right but shall not be obligated, to pay or discharge any such obligation. Should Lessee elect to pay or discharge any such obligation, Lessor shall, within ten (10) calendar days from the date of Lessee's written demand, reimburse Lessee in the full amount thereof together with Lessee's expense incurred in connection therewith, including but not limited to reasonable attorney's fees and interest from the date of Lessee's disbursement. In the event Lessor fails to reimburse the monies and costs expended by and accrued for Lessee, Lessee shall have the right to deduct from rent(s) thereafter due and payable under this Lease all amounts that have been so paid by, or accruing for Lessee. Notwithstanding anything set forth within this Lease, in the event of Lessor's default, Lessee shall be entitled to pursue any and all remedies available to it at Iaw or equity, including but not limited to the right of Specific Performance. 20. NOTICLES. Ail notices by the Lessor to the Lessee shall be given by certified mail, return receipt requested, hand delivery, or courier, ("Notice") addressed to the Lessee at: City of Miami City Manager 3500 Part American Drive Miami, FL 33133 and a copy to City of Miami City Attorney 444 S.W. 2' Avenue, 9`sFloor Miami, .FL 33130 and a copy to City of Miami Director of Public Facilities Department 444 S,W. 2"d Avenue, 3" Floor Miami, FL 33130 and a copy to City of Miami Chief of Police Police Department 400 NW 2" d Avenue, 4th Floor Miami, FL 33131 6 or to such other address as the Lessee may from time to time. give the Lessor. If Notice 1s given by hand delivery or courier, Notice shall be deemed served en the date of such delivery. If the Notice is sent via certified mail, Notice shall be deemed served five (5) business days after the date the Notice is deposited with the U,S. Post Office. Ail notices by the Lessee to the Lessor shall be given by certified mail, return receipt requested, hand delivery, or courier, ("Notice") addressed to the Lessor at: Centennial Express Incorporated ATTN: Peter Fedele, President 2500 N.W. 39th Street, Suite 104 Miami, FL 33142 or to such other address as the Lessor may from time to tune give the Lessee. If Notice is given by hand delivery or courier, Notice shall be deemed served on the date of such delivery, If the Notice is sent via certified. mail, Notice shall be deemed served five (5) business days after the date the Notice is deposited with the U.'S. Post Office. 21. SPECIAL PROVISION(S): None. 22. LESSEE'S RIGHT TO TERMINATE: Separate and apart from all other rights granted to Lessee to terminate this Lease, the Lessee shall have the right at any time to terminate this Lease by giving the Lessor at least ninety (90) days notice. Upon any such termination, this Lease shall terminate as though the termination were the date originally fixed as the end of the term. 23. LESSEE'S FINANCIAL RESPONSIBILI`I"Y OF IMPROVEMENTS COST DUE TO SPECIAL LESSEE'S It.IGIIT TO TERMINATE • Lessor is fully aware that Lessee operation may be reduced or fully eliminated during any year in this Lease Term. Lessor than not hold Lessee responsible for any portion of the cost or expenses associated with Lessor's improvements costs should Lessee exercise its options under Section 22, 24. FORCE 1VIAJEURL: In the event that Lessor or Lessee shall be delayed, hindered in, or prevented from the performance of any Rot required hereunder by reason of strikes, lockouts, inability to procure materials, failure of power, restrictive governtncntal laws or regulations, riots, insurrection, default of the other party, or other reason beyond their control, the prevented party shall provide Notice to the other party, and the performance of such act shall be excused for the period of the delay and the period for the performance of any such act shall be extended for a period equivalent to the period of such delay. 25. PARKING: The parking at the Property is non -reserved on a first come first serve basis. 26. ENVIRONMENTAL; A) Lessor represents and warrants to Lessee that; 1) No JIaXardous Materials (as defined below) have been located on the Premises or have been released into the environment, or discharged, placed or disposed of at, on or under the Premises; 2) No underground storage tanks have been or are located on the Premises; 3) The Premises has never been used as a dump for any Hazardous Materials (as defused below); and 7 4) The Premises and its prior uses comply with and at all times have complied with, Environmental Laws (as defined below). a,) The term "Hazardous Materials" shall mean any substance, material, waste gas, or particulate matter which at the time of the execution ate Lease of any time thereafter is regulated by any local governmental authority, the State in which the Premises is located, or the United States Goverment, including but not limited to, any material or substance which is: (i) defined as a "hazardous material "hazardous substance", "extremely hazardous waste", or ";restricted hazardous mast$°' under any provision of State Law; (ii) petroleum; (iii) asbestos (iv) polychlorinated biphenyl; (v) radioactive material; (vi) designated as a "hazardous substance" pursuant to Section 311 of the Clean Water Act, 33 U.S.C. See. 1231 et seg. (33 U.S.C. Sec. 1371); (vii) defined as a "hazardous waste" pursuant to Section 1004 of the Resource Conservation and Recovery Act, 42 U.S.C. Sec. 6901 et seg. (42 U.S.C. Sec. 6903); or (vili) defined as a "hazardous substance" pursuant to Section 101 of the Comprehensive Environmental Response, Compensation and Liability Act 42 U.S.C. Sec. 9601 et seg. (42 U.S.C. Soo. 9601). (ix) The term "Environmental Laws" shall mean all statutes specifically described in the foregoing sentence and all federal, state, and local governmental health and. safety statutes, ordinances, codes, rules, regulations, orders and decrees regulating to or imposing liability or standard concerning or in connection with Hazardous Materials. 27. MISCELLANEOUS A) This Lease may be amended, modified and changed only by written instrument signed by the City Manager and the Lessor. The City Manager is authorized to approve and execute amendments for non -substantive modifications to this Lease as needed. B) This Lease shall be construed according to the laws of the State ofFlorida. C) Should any portion of this Lease be declared invalid and enforceable, 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 Louse contains all terms, covenants, conditions and agreements between the parties hereto relating to the subject matter of this Lease, and that no prior agreements or understandings, either oral or written, pertaining to the same shall be valid or of any force and effect, and that the terms, covenants, conditions and provisions of this Lease cannot be altered., changed, modified or added to except in writing by all parties hereto. L) 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 party's 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 to the psrly or parties prevailing in any such action or proceeding. F) Lessor or Lessee's failure to take adventago of any default hereunder, or breach of any term, covenant, condition or agreement of this Lease on the part of Lessee or Lessor to be performed shall not be (or be construed to be) a waiver thereof, nor shall any custom or practice which may 8 grow between the parties in the course of administering this Lease be construed to waive or to lessen the right of Lessor or Lessee to insist upon the performance by Lessee or Lessor of any term, covenant, condition or agreement hereof, or to exercise any rights given by either of them on acoouitt of any such default or breach. Waiver of a particular default under or breach of any term, covenant, condition or agreement of this Lease, or any leniency shown by 'Lessor or Lessee in respect thereto, shall not be construed as or constitute a waiver of any other or subsequent defaults under this Lease, or a waiver of the right of either party to proceed against the other for the same or any other subsequent default under, or breach of any other term, covenant, condition or agreement of this Lease, G) Lessor represents that the Premises are not currently in violation of any building code, environmental regulation or other governmental ordinance or regulation, Lessor further warrants and represents that it has received no notice of any such violation. m Lessor agrees that the Premises now warm, 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,B,S,, providing requirements for the physically disabled per American with Disabilities Act ("ADA") compliance_ I) Lessor hereby grants Lessee an easement for ingress/egress, access, perking and for driveway purpose, of the Premises. :l) Lessor hereby represents and warrants to Lessee that there are no tenants in the Property er other parties, who have leases or agreements which prohibit, restrict or interfere with the ttse by Lessee, its employees or invitees, of the Premises or Common Areas, Nor will Lessor enter into any such tease or agreement, I() Lessor hereby represents and warrants to Lessee that the drinking water at the Premises is available to the degree of the educational coda and it is free of all contaminants and harmlid chemicals. L) Lessor hereby represents and warrants to Lessee that there are no rats, rodents, termites, insects, or pests of any kind within tba Premises, Should Lessee evidence anything to the contrary, Lesser shall immediately reetify the situation by employing a pest extermination contractor, at Lessor's sole cost and expense,, at such reasonable intervals as to keep the Premises tree from such pests. M) This Lease Agreement is the result of negotiations between the parties ati.d has been typed/printed by one party for the convenience of both parties, and the parties covenant that this Lease Agreement shad not be construed in favor of or against either of the parties. 28. Waiver Of Jury Trial: The parties hereby knowingly, irrevocably, voluntarily and intentionally waive any right either may have to a trial by jury in respect to any action, proceeding or counterclaim based on this Agreement, or arising out of, under or in commotion with this Agreement or any amendment or modioation 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. 9 In Witness Whereof, the parties hereto have hereunto set their hands and seals on the day and year first above written. Lessor: ele; R?rasi�lent; C iai Express, incorporated (as o7.,essor) Witness: � L s to Lessor' Date 11 Dat Dated and executed by the City as of O/ j , 2/9/2"2!5 ATST: ,.._„,,, 1-,A5-1a7 odd 6. C:,.4.1 e ier,Y / APPRQV$6`AS TO TN _,( 916 ENTS: /til Calvin Ellis Rusk Manag 1.0 CITY OF MIAMT, a Munieipat Corporation of the State of Florida y Martine ; P.E. C y Manager APPROVB1) AS TO FORM AND COREECTNESS: By ,JulWO. Bru City Attorney\[ " I EXHIBIT A THE PREMISES 11 EXHIBIT B THE PI&OPBRTY 12 Miami -Dade My Lorne Page 1 of 2 My Home Show 1111e: Property InforrnRtlon Search By; Select Item r Text„o,11 , t P79.0 ,}f ARgrfl�6Er Tflx Stirrl8tor. 1.0 Prepery Appraiser Tax Qaer tw/Mt. summary Details: aim No,: 0 • 3 • 30 Ronan , 1251 NW 36 $'r Mailing CENTENNIAL EXPRESS INC Address: 2500 NW39 ST MIAMI FL 33142-5227 property Information:. rimaiyzona: timely cloy RESIDENTIAL - RETAIL I.UC: 10013 OFFICS, SLiILDIN3 .eds!Saths: H 1 loots: 2 Ivin_ Units: d S. Foota ! e; 6 003 La S Zo: 74,783 8 ear Eulll: 1945 N MIAMI ICSTS PE3 5.4$ LOTS 1 Tf1RU 12 LESS ©gal EXT AREA OF CURVE yosarlptlan: IN LOTS 1 0 6 FOR RM! 8LK 69 LOT SIZE 74733 SQ FT OR 14649.1007 0690 6 Assessment Information: Year: 2012 2011 $747,320 Len Value: , 3747,336 flufkiin Value: 1590976$1,6a1637 -Markel Value: $2,333,300 82,546,067 Assessed Value: 82,33$000 82,266,997 Taxable Value Information: Year: 2912 2011 Applied Applied Pxempliori Taxing Authority: Taxable Taxable Taxable Value: Value: Regional; VI 82,338,308 $0! 82,266,967 County: 60i 2,336,906 $0! $2,206,967 Oily:• . 2,353 306 , 60i 2 2665 087 3 hool Boards �! $2,336,308 01 82,348,987• Salo ntermation: ale pate: 611990 MO AMNIA" $0 ale CRR: ales ueII1Ioetlon 9963.t10 4546 Sates which are %qu911119d as a result or examination of the deed Additional Information: 'r�lr tnt};; r tr is Aerial Photography - 2012 00/10414#7,01**130ft !WV , iorhaotfij?ro,p oprofaa e 1e a ! Ua3nn urSi j Mope eireetea I Mao I Plecigingr if you experience technical difficulties with the Property information application, or wish to send us your comments, questions or suggestions please oinall Us at W¢t}Ijl,7i r, Web Site w 2002 MIomI-Dade County. All rights reserved. Legend Property o Boundary Selected Proporty Street 414 Highway Mlaml-Dads County Water bitp://gisims2,miamidade.gov/inyhome/propmap.asp 2/4/2013 Miami -Dade My Home Page 2 of 2 QiigUlfitgASELIncife Welk (ar thlo Community Development Dtelrlot Community Redevelopment Area Empowerment Zone Enterprise Zone Zoning band Use Urban Development Boundary Zoning Non -Ad Valorem Aeenaejnonls Lturafflgamitcellons htip://gisims2.miamidade.gov/myhoino/propmap.asp 2/4/2013 CERTIFICATE OF CORPORATE RESOLUTIONS We, the undersigned, being all of the Directors of CENTENNIAL EXPRESS INC., a Florida corporation (hereinafter referred to as the °CORPORATION"), do hereby certify that at a special meting of the Board of Directors of said CORPORATION, was duly held at the CORPORATION'S office on February 22, 2.011, et which a quorum was preterit and acting throughout, arid the following resottitlons were duty moved, seconded and unanimously adopted: NOW, THEREFORE, BE IT RESOLVED that John Petiole, Director of the CORPORATION, is hereby authorized to sign on behalf of the corporation and his sole signature shall represent the signatures of all the undersigned partners. Dated; February 22, 2011 uny, 'Director ire,Director Oireotor— I�edcl Director DEPARTMENT OF RISK MANAGEMENT INSURANCE/SAFETY APPROVAL FORM Name Olga Zamora Department Public Facilities Review Status Commercial General Liability Hired and Non Owned Autos Workers Comp: Owned Autos Equipment Floater Building and BPP D&O Medical Excess f Crime CoveragWµ c t Pollution: -7, I APPROVAL STA xx APPROVE/ Frank Gomez Property and Casualty Manager Description Lease Agreement Centennial Express Tracking # Date: 1/9/2013 Financial Ratings Strength REQUIREMENTS; Insurance WI Required ity of Miami is Named Additional insured r1T he City City of Miami is Loss Payee riBayfrant Park Named Additional Insured Not Approved Coverage is insufficient Not A Rated Company LIA Type of Coverage is Missing Other The City NOT Named Additional Insured laisu once/Safety Coniablegtteg Lease Agreement between the City of Miami and Centennial Express for ase of property of lessor by City located at 1251 N.W. 36 Street Miami, Florida. Risk 002 1/9/2013 1:45 PM City of Miami Text File Report City Hall 3500 Pan. American. Drive Miami, FL 33133 www.miainigev.com Pile ID: 12-01147 nactl1eft#: R-12-0439 Verson: 1 Typo: Resolution Introduced: 10/5/12 Statue: Passed Efnctxnent Date: 11/15/12 Controlling) Body: Office of the City Clerk A RESOLUTION OF THE 1V1.IAMI CITY COMMISSION, W fFH ATTACHIvIENT(S), AUT IORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREE. ("LEASE"), IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI („CITY") AND CENTENNIAL. EXPRESS INCORPORATED, FOR THE USE OF APPROXIMATELY 1,326 SQUARE FEET OF WAREHOUSE SPACE LOCATED IN THE CITY, FOR THE PURPOSE OF PROVIDING SPACE TO THE CITYS PONCE, DEPARTMENT, WITH A MONTHLY RENT OF $1,500 ($13.57 PER SQUARE FOOT), FOR TIC PERIOD OF ONLY (1) YEAR WITH THE OPTION TO RENEW FOR FIVE (5) ONE-YEAR TERMS; ALLOCATING FUNDS FROM THE CITY'S POLICE, DEPARt'IVIENT'S BUDGET, WITH TERMS AND CONDITIONS AS MORE SPECIFICALLY SET FORTH IN SAID LEASE. WHEREAS, the City of Minrni's ("City") Pollee Deparrtrnmtt currently occupies space located in the City of Mhuni, Florida C'Premises") from Centennial Express Incorporated ('1. essor") tinder a month -to -mouth tenancy; and WHEREAS, the City's Police Department has expressed a need to continue occupying the Premises; and WF] REAS, the City and the Lessor wish to enter Into the Lease Agreement ("Lease"), attached and incorporated, with a monthly rent of $1,500, providing for an initial term of one (1) year, with the option to renew fbr five (5) Successive terms of one (1) your each, subject to the rent increases provided for in the Lease; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE; CITY OF MIAME, FLORIDA; Seel ion 1. The recitals and findings contained in the 'Preamble to this Rose/titian are adopted by reference and incorporated as folly set forth in this Section. Section 2. The City lvlanager is authorized{1) to execute a Lease, in substantially the attached form, between the City and the Lessor, for the use of approximately 1,326 square feet of warehouse space located in the Prcinises, Mr the purpose of providing space to the City's Police Department, with a monthly rent of $1,500 ($13.57 pet square foot), for the period of one (1) year, with the option to renew for five (5) one-year terms, with funds allocated from the City's Police Department's budget with terms and conditions as more specifically set forth in said Lease. Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor. {2) City of Min,nt Page 1 Prtared u+i 1 t/20012.