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HomeMy WebLinkAboutExhibitLease Agreement This Lease Agreement is made and entered into of this -- day of - ---- -- — , 2016, — by and between PARK PLACE ASSOCIATES, LLC ("Lessor"), and CITY OF MIAMI, a municipal corporation of the State of Florida, ("Lessee"). WITNESSETH: IT IS MUTUALLY UNDERSTOOD AND AGREED BY THE REPRESENTATIVE PARTIES HERETO: 1. Leased Premises and Use Subject to and upon the ternis, provisions and conditions hereinafter set forth, Lessor grants unto Lessee a Lease (the "Lease") to use 324 square feet of space located in the northeast corner of the roof, and an enclosed equipment room measuring 18 feet by 18 feet in the northeast corner of the roof of the Biscayne View Apartment Building located at 915 Northwest 1ST Avenue, Miami, Florida (the "Premises"), in order to operate and maintain the Lessee's communication equipment that is currently housed at the Premises (the "Communications Equipment"). The Lessee owns said Communications Equipment for purposes of providing communication services used in the operation of Lessee's internal business activities. Lessee at Lessee's discretion may add or delete Communications Equipment. Any new Communications Equipment installed on the Premises shall comply with all terms of this Lease Agreement. 2. Term The term of this agreement shall commence on January 1st, 2016, (the "Commencement Date") and shall continue for two (2) years (until December 31st, 2017). Thereafter, Lease shall renew automatically, on a yearly basis on the effective date of January 1st, unless either party, ---- Lessor or Lessee, provides written notification of cancelation sixty (60) days prior to the yearly - renewal (the "Renewal Period"). 3. Rent Lessee shall pay to the Lessor an annual rent of Four Thousand Four Hundred Dollars ($4,400.00) beginning on the Commencement Date and on every anniversary date thereafter during the Term and Renewal Period(s) of this Lease. If Lessee cancels this Lease at any time during the Tenn or Renewal Period(s), the annual fee shall be prorated for such partial year. 4. Electrical Facilities Lessee may provide air conditioning and related masonry and construction at its sole expense. Lessee shall pay for the cost of installing electrical facilities to furnish sufficient power for Lessee's Communications Equipment, and for the installation of any separate meters required thereby, and the sum charges of Lessor by the applicable utility for such services reflected by such meter. If any of Lessee's Communications Equipment fails because of a loss of electrical power, Lessor shall use reasonable diligence to restore electrical power promptly. In the event that Lessor must shut down the electrical service to the Premises and Lessee's Communications Equipment, Lessor agrees to give Lessee reasonable prior written notice, except in emergency situations, which notice may be verbal. 5. Interference If, in the judgment of Lessee, any electrical, electromagnetic, radio frequency or other interference shall result from the operation of any other tenant or lessee of Lessor at or near the Premises, Lessee shall notify Lessor and Lessor shall within forty-eight (48) hours after receiving Lessee's-notice-exercise-due-diligenee-to-analyze-the-cause-of-the interference and make such modifications as are necessary to eliminate the interference. If the Lessor fails to cure the interference -problem -with its other-tenants-or-lessees,--Lessor-shall notify -Lessee -of its failure to cure the interference problem and identify to Lessee the additional corrective measures it propose - to undertake in an effort to resolve the interference. Lessor shall use due diligence to implement the proposed corrective measures and keep Lessee informed regarding the status of the corrective work. 6. Maintenance Lessor shall keep the areas immediately surrounding the Premises neat and clean. Lessee shall keep the Premises neat and clean and shall have reasonable access to the Premises to ensure the proper maintenance and operation of Communications Equipment. 7. Compliance with Laws The access to, and installation, maintenance and operation of Lessee's Communications Equipment must at all times be in strict compliance with applicable federal, state and local laws, ordinances and regulations, including without limitation the rules of the Federal Communications Commission, Federal Aviation Administration and City Building and Fire Codes. 8. Inspection Lessee .shall permit Lessor or its agent or representative at all hours to have reasonable access to the Premises and to Lessee's Communications Equipment to (a) inspect Lessee's Communications Equipment, (b) make technical measurements or tests related to the Communications Equipment and (c) perfoitm any obligations of Lessee hereunder which Lessee has failed to perform, however, in conducting the inspection and testing of the Communications Equipment, Lessor and Lessor's agents or representatives shall not perform any adjustments to Lessee 's-C-oimunications-Equipment without L-essee's-written-approval, except as may -be permitted by Section 5 above. 9. Removal of Communications Equipment Lessee may remove its Communications Equipment at any time pnor to the termination of this Lease provided Lessee repairs any damage to the Premises caused by such removal. 10. Destruction of Premises In the event the Premises should be destroyed or so damaged by fire, windstorm or other casualty to the extent that the Premises are rendered untenantable or unfit for the purpose of the Lessee, either party may cancel this Lease by giving written notice to the other, however, if neither party shall exercise the foregoing right of cancellation within thirty (30) days after the date of such destruction or damage, the Lessor shall cause the building and Premises to be repaired and placed in good conditions as soon as is practical thereafter. In the event of cancellation, the Lessee shall be liable for rents only until the date of such fire, windstorm or other casualty. In the event of partial destruction, which shall not render the demised premises wholly untenantable, the rents shall be proportionately abated in accordance with the extent to which the Lessee shall be deprived of use and occupancy. The Lessee shall not be liable for rent during such period of time as the Premises shall be totally untenantable by reason of fire, windstorm or other casualty. 11. Lessee's Insurance Lessee, in the capacity of a government jurisdiction shall maintain liability insurance under a qualified self -insured program. 12. Indemnification and Hold Harmless To the extent authorized by Section 768.28, Florida Statutes, the Lessee hereby agrees to indemnify and save the Lessor harmless from any and all claims, liabilities, losses and causes of action which-may-arise-as-a-result-of-Lessee-s-activities-under this Lease-atthe-P-remises,-unless such -claims, —liabilities, —losses -or -causes of action are caused -by -or are due -to -the -negligence -of Lessor, its agents or employees. 13. Notice Any notice, communication, request, reply or advise ("Notice") in this Lease provided or permitted to be given, made or accepted by either party to the other must be in writing and shall effectively be given if deposited in the United States mail, postpaid and registered and addressed to the party to be notified, with return receipt requested, or delivered in person to such party. Any notice mailed shall be effective, unless otherwise stated in this Lease, from and after the expiration of five (5) days after it is deposited in a depository of the United States Postal Service. Notice given in any other manner shall be effective only if and when received by other party to be notified. For purposes of notice the addresses of the parties shall, until changed as hereinafter provided, be as follows: To Lessor: Park Place Associates, LLC Professional Management, Inc. 9095 S.W. 87th Avenue, Suite 777 Miami, FL 33176 Attention: Alexander Sherry To Lessee: City of Miami Department of Real Estate and Asset Management 444 S.W. 2"d Avenue, 3rd Floor Miami, Florida 33130 Attention: Lease Manager with copies to • City of Miami Office of the City Attorney 444 S.W. 2nd Avenue, 9th Floor Miami, Florida 33130 Attention: City Attorney The parties hereto and their respective heirs, successors, legal representatives and assigns shall have the right from time to time at any time to change their respective addresses and each shall have the right to specify as its address any other address, by at least fifteen (15) days written notice to the other party. 14. Peaceful Possession Subject to the terms, conditions and covenants of this Lease, Lessor agrees that Lessee shall and may peaceably have, hold and enjoy the Premises above described, without hindrance or molestation by Lessor. 15. Successors in Interest It is hereby covenanted and agreed between the parties hereto that all covenants, conditions, agreements and undertakings contained in this Lease shall extend to and be binding on the respective successors and assigns of the respective parties hereto, the same as if they were in every case named and expressed. 16. Alteration This lease may not be altered, changed or amended except by a written instrument signed by both parties hereto. 17. Right and Remedies All rights and-remedies-of-L-essee-under-this-Lease-shall be-cumuiative--and-none shall exclude any other rights or remedies allowed by law. 18. Public -Records Lessor understands that the public shall have access, at all reasonable times, to the City's contracts, subject to the provisions of Chapter 119, Florida Statutes, and agrees to allow access by the City and the public to the City's Agreement subject to disclosure under applicable law. Lessor's failure or refusal to comply with the provisions of this section shall result in the immediate cancellation of this Agreement by the City. Notwithstanding the foregoing or anything else in this Agreement to the contrary, subject to the provisions of Florida law, including, but limited to Chapter 119, Florida Statutes, City agrees not to disclose any confidential and proprietary information and trade secrets of Lessor. Lessor shall additionally comply with the provisions of Section 119.0701, Florida Statutes, entitled "Contracts; public records". This Agreement and any attachments it may have shall be construed and enforced according to the laws of the State of Florida. 19. Venue and Governing Law Venue for any legal action shall be in Miami -Dade County, Florida in order to expedite the conclusion of any action the parties agree to waive their right to trial by jury, their right to file permissive counterclaims, or to claim attorney's fees in any civil or appellate action between them arising from this Agreement. 20. Headings Title and paragraph headings are for convenient reference and are not a part of this Agreement. 21. Waiver No waiver or breach of any provision of this Agreement shall constitute a waiver of any subsequent breach of the same or any other provision hereof, and no waiver shall be effective unless made in writing. 22. Severability Should any provision, paragraph, sentence, word or phrase contained in this Agreement be determined by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable under the laws of the State of Florida or the City of Miami, such provision, paragraph, sentence, word or phrase shall be deemed modified to the extent necessary in order to conforiii with such laws, or if not modifiable, then same shall be deemed severable, and in either event, the remaining terms and provisions of this Agreement shall remain unmodified and in full force and effect or limitation of its use. IN WITNESS WHEREOF,_the_Lessor-and Lessee_have_caused_this _Lease_Agreement to be executed by their respective and duly authorized -officers the day and year first written above. ATTEST: LESSOR: Park Place Associates, LLC, a limited liability company of the State of Florida BY: (Signature) (Name) (Title) LESSEE: CITY OF MIAMI, a municipal corporation of the ATTEST: State of Florida Todd B. Hannon City Clerk Daniel J. Alfonso City Manager Approved as to form and correctness: Approved as to insurance requirements: Victoria Mendez City Attorney Ann -Marie Sharpe Risk Management Department