HomeMy WebLinkAboutExhibitCITY OF MIAMI, FLORIDA
TO :
Daniel J. iIfonso
City Man' er
mom
Rodolfo
Chief of
INTER -OFFICE MEMORANDUM
DATE :
June 17, 2016
FILE
SUBJECT
Request for item RE.3 Substitution
City Commission 06-23-16
REFERENCES:
ENCLOSURES:.
This memo is a request for Item RE.3 set for City Commission on June 23, 2016, to be substituted.
The published item contains sensitive information. The Police Department's Internal Affairs Section
deals with issues of a highly sensitive nature and utilizes costly equipment. Therefore, I am
requesting that information such as addresses be withheld.
Please acknowledge your approval of this request. Should you have any questions, feel free to
contact me at your convenience.
APPROVEDJ DISAPPROVED: 1Y,
Daniel J. Alf q'SoManager
CC: Anna Medina, Agenda Office
RE:akb
INDUSTRIAL LEAS} AQREEMENT
THIS INDUSTRIAL LEASE AGREEMENT (this "Lease") dated for references purposes only IS made between
P i3P Indu t la L.C., a Delaware timitejliability company ("Landlord"), and City of Miami ("Tenant"), as of
16. (the date of this Lease"),
BASIC LEASE INFORMATION
,PREMISES; Approximately 2,640 rentable square foot commonly known as
depicted on Exhibit A -'I,
PROJECT & PROPERTY; Approximately 216,700 rentable- square foot Commonly referred to as Center.14, es depleted.
on Exhibit A-2, Tho prdjsot Is a pert of the Property of approximately 3,466,390 square foot
commonly referred to as as depicted and more
partieutarlydescribed on ExhibitA42, '
PERMITTED USE; Tenant shell use the Premises only for the following purpdse(s) and for no other purpose whatsoever;
Office for adminis rative use and Warehouse for storage of files, covert equipment and,tovort vohfoles for tho
City of Miami Pollee Department. Tenant aoknowledges that no hazardous materials will be handled at the Premises.
TERM; A period of 76 months and 17 days. SubJeot to Section 1,02, the Term shall cammerlpe on May 16, 2010 (the
"Commencement Date") and, unless terminated early In aocordanco with this Lease, end on September 30,
2022 (the "Term.inati0n Date").
BASE RENT;
Porlod of Term
Monthly
Base Rent
06/15/2016 - 04/30/2017
$2,213,20
06/01/2017- 04/30/2018
$2,279, 60
06/01/2018 — 04/30/2019
$2,247,98
06/0112019'— 04/30/2020
$2,418,42
06/01/2020 M 04/30/2021
$2,490.98
06/01/2021 — 04/30/2022
$2,665,71
06/01 /2022 — 09/30/2022
T2,642.68
ESTIMATED INITIAL MONTHLY OPERATING EXPENSES; $646.80 per month, subject to Exhibit D.
SALES AND USE TAX; Tenant is Tax exempt.
SECURITY DEPOSIT; $0.00
TENANT'S PROPORTIONATE SHARE OF PROJECT; 1.22y/a OF PROPERTY; 0.0,8%,
PARKING DENSITY; 1 unreserved space per 1,000 square foot of the Promises, which spaces shall be in common with
Other tenants of the Project,
LANDLORD'S BROKER: NONE TENANT'S BROKER; NAI Miami
TENANT'S SIC CODE; 9100
ADDRESSES FOR To: Tenant To; Landlord
NOTICES; PS Business Parks, Inc,
8216 NW 14 Street
goral, BL 33126
pkippet,AM., 9U-I6i16,
Fax; 305-600-1118
Director, Department of Roof Estpto and
Asset' Management
444 SW 2na Avenue 3rrd Ftpor
Miami, FL 3313.0
TENANT'S BILLING ADDRESS Elf different from Notice Address); Same as above,
LANDLORD'S REMITTANCE ADDRESS; Same es above.,
This Lease oonsists of the foregoing Basic Lease Information, the following Lease provisions consisting of
Sootfons 1 throuvh 2£3 oriel Exhibits A-1, A-2, El, C, b and E; all of .whloh aro Inoorporatod horoln by this re'faronco,
Defined terms used In this Lease and Included in the Basic Lease Information shall have the meanings given theln in the
Basin Leese Information.
1, Lease of Premises; Complians ewith Laws; Surrender,
1,01 Landlord leases to Theme and Tenant leases from Landlord, the PrernIao , upon the fetus of this Lease,
The Premises are leased "AS IS" except only for the improvements, If any, which are to be constructed by Landlord
pursuant to Exhibit f3, Tenant aoknoWledges that neither Landlord nor any agent of Landlord has made any
representation or warranty regarding the Premises. by taking possession of the Premises, Tenant agrees that the
Premises: are In good order and satlsfaotory condition. The squero footages set forth in this Lease are approximate and
agreed, For purposes of this Lease, the term "Property" means the Building (as defined above 1n the Basic Lease
Information), the'ProJeot (as defined above to the Beek Lease Information), and the parcel(s) of land on which they are
located and, at Landlord's discretion, the parking faclllties and other Improverents, If any, serving the Building, Project
end/or the parcel(s) of land on which they are looated, If the Project Is part of ei larger complex of structures, the term
"Property" may include the entire complex, where appropriate in Landlord's reasonable discretion.
1,02 If for any reason Landlord cannot deliver possession of the Premises on the Commencement Date,
Landlord will not be subjeot to any liability nor will the validity of this Leasebe affected in any manner, Rather, the actual
Commencement pate shalt be delayed until delivery of possession; provided, in the event delivery of possession is
delayed by any sot, omission er request of'Tonent or any Tenant Entity, then the Premises shall be deemed to have been
delivered (and the actual Commencement bate shall occur) on the corder of the actual date of delivery or the date
delivery would have occurred .absent the dumber of days of such delay attributable to Tenant and the Term (es defined
above in the Basle Lease information) shall then be for such number of full calendar menthe (plus any partial first month).
Upon request made by Landlord foiloWing.the Commencorrtent Date, Tenant shall execute and deliver a commencement
'otter setting forth the aotual Commenoorneht pate, the date Upon which the Term shall expire, and suoh other matters
regarding the commencement of this Lease as Landlord shall request, Tenant's failure to execute and return the
oommencement letter, or to provide written objection to the statements contained In the commencement letter, within 10
days 'after the date of the commencement letter shall be deemed an approval by Tenant of the statements contained
therein.
1,03 If Landlord elects to permit Tenant to enter upon the Premises prior to the Commencement Date for the
sole pUrpooe of installing furniture, equipment or other personal property or any other purpose permitted by Landlord other
than for the conduct of its business, such early entry shall be at Tenant`s sofa risk and shall be subjeot to all the terms and
provisions of thie Lease-, except that Tenant shall not be required to pay Sase Rent or Tenant's Proportionate Share of
Operating iFxpenses for any days of possession before the Commencement Date during which Tenant, with the approval
of Landlord, Is in possession of the Premises: for the solo purpose of performing improvements or Installing furniture,
equipment or other personal property. If Tenant takee possession of the Promisee before the Commencement Date for
any other purpoae, such possession shall be subject to the terms and conditions of this Lease, including without I(mitetlon,
Tenant's obligation to pay rent hereunder, and the dete Tenant takes possession of the Premises shall be deemed to bo
the Commencement Dote.
1;04 Tenant, at its sole expense,agrees to ()amply with all federal, state and local laws, bodes, ordinances,
statutes, rUlee, regulations and other legal requirements (including covenants and restrictions) applicable to the Premises
(colleotivoiy, "Laws"). Tonant agroos to oause the Premises to comply with all Laws, Including by making any changes to
the Premises necessitated by any 'Tenant aotiVlty, including but not limited to changes required by (a) any Tenant
improvements or Tenant Alterations' (as defined below), or (b). any use of the Premises or Property by Tenant or any
Tenant Entity, If any activity of Tenant ar any Tenant Entity neeeeeltates changes to the Projeot other than the Promises,
then Landlord shall elect that Landlord accomplish the same' at Tenant's expense or that Tenant accomplish the same at
its own expense, In the event that es a result of Tenant's use, or intended use, of the Premises, the Americans with
Disabilities Act or any other Law requires modifications or the construction or Installation of improvements in or td the
Premises, Building, Project and/or common areas of the Property (as the same are Identified from time to time by
Landlord for common use) (the "Common Areas"), the parties agree that such modifications, construotion or
Improvements shall bo made at Tenant's expense, Landlord or such other porson(s) as Landlord may appoint shall have
the exclusive control and management of the Common Areas, Landlord shall have the right, In Landlord's sole discretion,
from time to time, (I) to make changes to the Common Areas, inoiuding; without limitation, changes In the ioealien, size,
shape and number of the lobbies, windows, stairways, air shafts, elevators, escalators, restrooms, driveways, entrances,
parking spaces, parking areas, Nadine and unloading areas, ingress, ogress, direction of traffic, landscaped areas,
walkways and utility raceways, (li) to close temporarily' any of the Common Areesfor maintenance purposes so long es
reasonable access to the Premises remains available,. (IiI) to designate other land outside the boundaries of the Property
to be a part of the Common Area, (iv) to add .additional buildings and improvements to the Common Areas, and (v) and to
do and perform suoh other aots'elnd make such ether dhenges in, to or with respect to the Common Areas and Property
as Landlord may, in the exercise of sound business judgment, deem to be appropriate.
1.06 Upon expiration or termination of this Lease, Tenant agroos to remove all of Tenant's personal property
from the Premises and return the Premises to Landlord Irt the sauna condition as received by Tenant (excepting normal
wear and tear) with all removal, repair, and restoration duties of Tenant, Including without limitation pursuant to Section
9,04, being fully performed to Landlord's reasonable satisfaction. Notwithstanding any other provision of this Lease to the
contrary, Tenant shall remove at its expense in campllarice with the National Eleotrio Code or other applicable Law, at or
prior to the expiration or termination of this .Lease; all wiring and cabling installed at or about the Promises which shall
have been installed by or on behalf of Tenant. Such wiring and cabling shall Include but not be limited to (a) wiring and
oabiing above the ceiling panels, behind or within walls, andunder or within floors, and (b) wiring and cabling for voioe,
data, security or other purposes, if Tenant abandons, vacates, or surrenders the Promises, or Is dlsposeessed by
prooess of Law, or otherwise, any personal property baicnging to Tenant left In or about the Premises will, at the option of
Landlord, be deemed abandoned and may be disposed of by Landlord at the expense and risk of Tenant.
1,e0 Landlord has no duty to provide seaurlty for any portion of the Property, To the extent Lonellord oloots to
provide any security, Landlord is not warranting the effectiveness of any security personnel, serdloos, procedures ar
equipment and Tenant shall not rely on any such personnel, servloos, 'procedures or equipment. Landlord shall not be
liable for failure of any such security personnel, services, procedures or equipment to prevent or control, or to apprehend
anyone suspected of, personal Injury or property damage in, on or around the Properly.
t
2, Base Rent, On or before tho first dey of oath calendar month of the Term, Tenant will pay to Landlord the Bane
Rent for suoh month. Bann Rent and Additional Ront (defined below) for any first partial month and for the first full
calendar month of the Term, together with the Security Deposit, are due and payable upon execution of this Lease..
Monthly rent for any partial ealender month will be prorated, At sums and other charges payable by Tenant to Landlord
hereunder shall be deemed rent, Base Rent and all other amounts required to be paid by Tenant hereunder shall be paid
without deduction or offset and without prior notloe or demand, All suoh amounts shall be paid In lawful money of the
United States of America and shall he paid to Landlord et the address stated herein or to such other persons or to such
other places as Landlord may designate In writing from time to time. Amounts payable hereunder shall be deemed geld
when actuallyreoeived by Landlord,.
3, Additional Rent, Unless otherwise specifically stated In this Lease, any charge payable by Tenant under this
Lease other than Base Rent Is called "Addltionel Rent." The term"rent" whonever used In this Lease means Base Rent,
Additional Rent andlor any other charge, fee or monies payable by Tenant under the terms of this Lease, Tenant shall
pay Tenant's Proportionate Share of Operating kxpenses In accordanoe with Exhibit D of this Lease.
4, Late Charges. If any sum payable by Tenant to Landlord Is not received by Landlord on the dote due, 'Tenant
shall paya late charge equal to $50,00, A $50.Q0 handling fee will be paid to Landlord by Tenant for each bank returned
chock, in the event of e Default.,. 'Tenant, at Landlord's election, shall make at future payments to Landlord by wire or
electronic transfer, by cashier's check or by an automatic payment from Tenant's bank account to Landlord's acoopnt, In
each case without cost to Landlord, The acceptance of late charges and returned check charges by Landlord will not
constitute a waiver of any Tenant default nor aey other rights or remedies of Landlord,
5,, Security Deposit. Upon Tenant's execution of this Lease, Tenant will deposit with Landlord the Security Deposit
(es defined above In the Bodo Lease Information) In the amount speoffied in the Beslo Lease Information ee seourlty for
Tenant's full and faithful performanoe of every provision under .this Lease, Landlord will net be required to keep the
Security Deposit separate' from its generpl funds, Without limiting or impairing any right Landlord may have or hereafter
acquire under this Lease or applicable Law with resent to the Security Deposit, Tenant hereby grants to Landlord a
security Interest In the Security Deposit,. The Security Deposit Is not an advance rent payment or a measure of damages
under this Lease. If "Tenant fails to pay any rent due herein, or otherwise ie In default of any provision of this Lease,
Landlord may, without waiver of the default or of any other right or remedy, use, apply or retain ell or any porter) of the
Security Deposit for the payment of any amount due Landlord or to compensate Landlord for any loss or damage suffered
by Tenant's default. Within 5 days after written notification by Landlord, Tenant will restore the Security Deposit tothefull
amount required under this Lease. No part of the Seourity Deposit shall be considered to be held in trust, to bear Interest
(except when required by Law) or to be prepayment for any monies to Landlord by Tenant under this Lease, Landlord
shall return any unapplled' portion of the Security Deposit to Tenant within 45 days after the later to occur of: (a)
determination of the final rent due from Tenant; or (b) the later to occur of the Termination Date or the date Tenant
surrenders the Premises to Landlord In compliance with this Loase. Landlord may assign the Security Deposit to a
successor or transferee and, following the assignment, Landlord shall have no further liability for the return of the Security
Deposit,
6, Use of Premises,
6.01 The Premises will be used and occupied only for the Permitted Use, "Tenant will, at its sole expense,
comply with all conditions and covenants of tills Loase, and all Laws. Tenant will not use or permit .the use of the
Premises, the Property or any part thereof, In a manner that Ie unlawful or In violation of any Law, ocnfllcts. with or ie
prohibited by the terms and conditions of this Lease or the Rules and Regulations (as defined In Section 28.08 below),
diminishes the appearance or aesthetic quality of any part of the Property, creates waste or a nuisance, or causes
damage to the Property, Tenant shall not permit any objeotlonable or unpleasant odors, smoke, dust, gas, noise or
vibrations to emanate from the Premises nor take or permit enyothef action In the Premises that would endanger, annoy,
or Interfere with the operations of, Landlord or any other tenant of the Property. Tenant shell obtain, at 110 sobs expense,
any permit or other governmental authorization required for Tenant to legally operate its business from the Prkmises. Any
animals, excepting guide doge, on or about the Property or any part thereof are expressly prohibited,
6.02 In the event of any excessive trash In or outside the Premises, as determined by Landlord in It's sole
discretion, Landlord WIIll have the right to remove suoh exeeee trash, oharge all costs and expehses attrlbcitable to Its
removal to Tenant and Impose fines in the event Tenant falls to remedy the situation, Tenant will not cause, maintain or
permit any outside storage on or about' the Property, In the event of any unauthorized outside storage by Tenant or any
Tenant Entity,. Landlord will have .the right, without notice, In addition to such other rights and remedies it may have, to
remove any suoh storage at Tenant's expense..
Parking. All parking will comply with the terms and conditions of this Lease and applicable Rules and
Regulations (as defined in' Exhibit 0 hereto), Tenant will have a non-exclusive privilege on a "first corno, first -served"
bests to use Terant's Propertlenete Shore of those parking spaces designated by Landlord for publlo parking, The
parking privileges granted to Tenant are personal to Tenant; Tenentshall not assign or sublet parking privileges,
ti, Utilities and Services.
8,01 Tenant agrees to make all'arrangements for, and to pay direotly all posts of, utility eervioes supplied to
the Premise$, Including but not limited to, water, gas, beet, light, power, telephone; and sower, In the event It is not
possible for Tenant to obtain separate utility and/or other services; or If Landlord, In Its sole discretion, elects to provide
any such utility and/or other services to Tenant, such utility and/or other services may, at Landlord's discretion, be
obtained in Landlord's name, end Tenant will pay Landlord, as Additional Rerit, the cost of anyutility services proVIdecl by
Landlord either: (a) through inclusion to Operuting'Expensen (exoept for excess usage, whioh will 'Jo paid as e separate
oharge by Tenant to Landlord); (b). by a separate charge payable by Tenant to Landlord; or (o) by a separate charge billed
by the applicable utility company and payable directly by Tenant Landlord reserves the right tb separately meter any
such service at Tenant's expense at any time during the Term,
2
8,02 Landlord will not be liable or deemed In default, nor will there be any abatement of rent, breach of any
covenant of quiet enJoyment, partial or constructive eviction or right to terminate this .Lease, for (a) any Interruption or
reduction of utilities, utility services or telecommunication services, (b) any telecommunications or other company
(whether selegted by Landlord or Tenant) failing to provide such utilities or services or providing the same defectively,
and/or (o) any utility Interruption In the nature of blackouts, brownouts,. rolling Interruptions, hurrioanea, tropical storms or
other natural disasters, Tenant agrees to comply with any energy oonservation programs required by Law or
Implemented by Landlord, Landlord reserves the right, In its sole discretion, to designate, at any time, the utility and
service providers ter Tenant's use within the Property; no such designation shall Impose liability upon Landlord, Tenant
has satisfied itself as to the adequacy of any Landlord 'owned utility equipment and the quantity of telephone lines and
other service oonnoofions to the "Building's Point of Demaroatlon" available for Tenant's use.
8,03 In the event that Landlord elects, end Tenant agrees, to maintain a preventive malnten.enoo/service
contract with respect to any heating and air conditioning systems and equipment serving the Premises, and Tenant shall
pay to Landlord as Additional Rent, the oast of such contreot and any service either as a separate charge paYahle by
Tenant to Landlord or through Inclusion In operating Expenses. Notwithstanding the foregoing,. at Landlord's request at
any time during the Term, 'Tenant shall, at its own cost and expense, enter Into a regularly soheduled pr0Ven'tive
maintenance/service contract with a maintenance contractor approved by Landlord for servicing all heating Iand air
conditioning systems and equipment serving the Premises (and a copy thereof shall be furnished to Landlord)I or use
Tenant's staff trained in HVAC maintenance with the necessary oertifioatlons, The service contract must in lude all
services suggested by tho equipment manufaoturer In the operation/maintenance manual andmust become ffeotive
within 30 days of the date Landlord requires Tenant to obtain and maintain such service contract. Should Tenant ail to do
so, Landlord may, upon notice to Tenant, enter Into such service contract on behalf of Tenant or perform the war< and Iri
either ease, oharge.Tenant the cost thoroof along with a reasonable amount for Landlord's overhead,
9, Tenant Improvements, Tenant Alterations; Mechanic's Liens,
9.0.1 Any improvements to be oonstruoted In the Premises by Tenant prior to Tenant Initially commencing
:use of the Premises are referred to throughout tilts Lease as 'Tenant Improvemonts," All Tenant Improvemontp will be
performed In aecordanoe with the terms and conditions outlined in Exhibit g and also In acoordance with the prbvlslons
set forth In this Lease, iicluding this Article.0 regarding Tenant Alterations,
0,02 The following provisions apply to "Tenant Alterations" which means and Includes (a) any altoratlohs;
additions or Improvements to the Premises undertaken by or on behalf of Tenant, (b) any utility Installations at the
Prerillses undertaken by Tenant, end (o) any repalr, restoration, replacement, or maintenance work at the P*emises
undertaken by or on behalf of Tenant. Tenant shall not oommence any Tenant Alteration Without first obtaining he prior
written consent of Landlord. In each Instance, Tenant shall submit such information regarding the Intended Tenant
Alteration as Landlord may reasonably require, and no request for consent shall be deemed complete ur tll such.
Information' Is so delivered, The following provisions apply to all Tenant Alterations; (1) Tenant shall hire a licensed
general contractor approved by Landlord who, In turn, shall hire only licensed subeontraotors; (II) Tenant shall a flirt all
required permits and deliver a copy of the same to Landlord. Tenant shall Install all Tenant Alterations In strict co iptlance
with all Laws, permits, any plans approved by Landlord, and all conditions to Landlord's approval; (Ili) Unless landlord
elects otherwise, Tenant shall remove each Tenant Alteration at the end of this Lease or Tenant's right of posses ion and
restore the Premlass to Its prior condition, all at -Tenant's sole expense; and (Iv) Tenant shall dollver to t:andlor , within
ten (10) days following installation of:oaoh Tenant Alteration, (A) accurate, reproducible as -built plans, (i3) proo of final
Inspection and approval by all goverimental authorities, (C) complete lien waivers acceptable to Landlord for all costs of
the Tenant Alteration, and (D) a copy of a recorded notice of completion. Landlord's approval of any Tenant
Improvements and Tenant Alterations and/or Landlord's approval or designation of any general contractor, subcontractor,
supplier or other project participant will not create any liability whatsoever on the part of Landlord,
0,03 Tenant shall pay when due all costs for work performed and materials supplied to the Premises,
Tenant shall keep Landlord, the Premises, the Building and Project free from all liens, stop notices and vlolationI notices
relating to the Alterations or any work performed for, materials furnished to or obligations Inourred by or for Projeo4 of and
from any and all loss, cost, damage, liability and expense,including attorney's fees, arising out of or related to ahy such
Ilons or notices, Further, Tenant shall give Landlord not less than seven (7) business days prior written notlo• before
commencing any Alterations In or about the Promises to permit Landlord to.post and rocord appropriate notloe0�of non-
responslbllity. At Landlord's eiectton, Tenant, at its own cost and expense., shall procure and deliver to Landlord not less
than seven (7) business days prior to eomM,enoement of any Alterations, a payment bond in corrtplianoe with Florida
Statues 5eotlon 713.23,1n dual. obligee form adding Landlord as an obligee, If available, which bond shall be In formand
content reasonably satisfactory to Landlord, During the progress of such work, Tenant shall,. upon Landlord's request,
furnish Landlord with sworn contractor's statements and lien waivers covering all work theretofore performed, Tenant
shall satisfy or otherwlse discharge all lions, stop notices or other claims or enoumbranoe within ten (10) days after
Landlord notifies Tenant In writing that any such lien, stop notice, claim or encumbrances has been filed. If Tenant falls to
pay and remove suoh Ilan, claim or enoumbranoe within such ten (10) days, Landlord, at its election, may pay and satisfy
the same and in such event the SUMS so paid by Landlord, with Interest from the date of payment at the rate set forth In
this Article 9 for amounts owed Landlord by Tenant shall be deemed to be additional rent due and payable by Tenant at
once without notice or demand.
9,04 All 'Tenant tmrroVements and 'tenant Alterations are part of the realty and belong to Landlord. Tenant
shall be solely responsible for all taxes applicable to any Tenant Alterations, to Insure all Tenant Alterations and to restore
the same following any casualty,
10, Repairs.
10,01 Subject to Section 10.02 below, Tenant shall, at all times and at Its solo cost and expense, keep all
parts of the Promises (Including Without limitation the Tenant Improvements and Tenant Alterations, windows, glass and
plate glass, doors (Including, without limitation, overhead and roll up doors), eXterior stairs, skylights, any spootal office.
entries, .Interior Walls and finish work, floors and floor'covorings), interior and exterior, and all equipment and faollitles
within or serving the Premises, In good order, condition and repair regardless of whether the portion of the Promises
requiring repairs, or the means of repairing same, are reasonably or readily acoessible, and regardless of whether the
need for such repairs or maintenance occurs as a result of Tenant's use, any prior use, vandalism, acts of third parties,
Fordo Majeure (as defined in Artiole 24 below) or the age- of the Premises, reasonable wear and tear excepted, The
standard for comparison of condition will be the oondltlon of the Premises as of the original date of Landlord's delivery of
the Premises and failure to meet such standard shall create the need to repair, If Tenant doss not perform required
maintenance. or repairs, Landlord shall have the right, without waiver of Default or of any other right or remedy, to perform
such obligations of Tenant on Tenant's behalf, and Tenant will reimburse Landlord for any costs lnourrod, together with an
administrative fee In an amount equal to 10% of the cost of the repairs, immediately upon demand,
10.02 In the event tho Premises constitute a portion of a multiple 000upanoy Building or otherwise at
Landlord's oleotion, Landlord shall perform the .repair and maintenance of the roof( exterior walls, exterior areas and
common sewage line plumbing which ere otherwise Tenant's obligation under Section 10,01 abovo, and any other
rrtaintenance and repair of exterior, structural, and/or common elements which Landlord shall elect, and Tenant shall, In
lieu of the obligations set forth under Section 10,01 above with respect to such Items, be liable for Its Preportinnato Share
of the expenses so Incurred by Landlord; provided, Tenant shall reimburse Landlord for 100% of any such expense
lnourrod by Landlord due to the apt or omission of Tenant or any Tenant Entity, Tenant expressly waives the. benefit of
any statute or other legal right now or hereafter In offeot which would otherwise afford Tenant the right to make repairs -at
Landlord's expense; whether by deduction of rent orothorwise, or to terminate this Lease because of Landlord's failure to
keep the Property, or any part thereof In good order, condition and repair,
11, Insurance,
11,01 Tenant operates a self insured program for general liability, auto liability, and workers' compensation In
accordance and subject to the limitations as set forth In Section 768.28 of the Florida Statutes,
11,02
11.03
11,04 Whenever Tenant shall undertake any alterations, .additions or improvements in, to or about the
Premises, including, without limitation, any Tenant Improvements and/or Tenant Alterations ("Work'"), a certificate of
Insuranoe shall be provided from the general contractor affording coverage for bodily Injuries or property damage arising
In connection with such Work, wlthout.limitation including liability under any applicabfe structural work sot, and suoh other
lnsuranea as Landlord shall require; and the policies of or certificates evidencing such insurance must be delivered to
Landlord prior to the oommenoernent of any suoh Work,
42, Waty of-Glalrt1a1-1ndemnlfloatton; enant-walves-all-claims against L-andlierd arid-th ndler4l-1 eieted-lmrtioa
fer-any-damage-te-any-property-In-er-about-the-pr--peony; for-eny-less-ef-business--er;ineeme-and-for injury-te-er-death-ef
any -persons; r-egardlees-of-too oause-ef-any-such-loss-er-event-(ineiu.dined-negiigonee)-or time-of=.peour-renee Tenant -will
Indemnlfy,protee -defend-arid-hold-harmless Landiord=and-the.-:atldlord-Belated-i3ar-ties-from-alai-ageinat ll-eiaims,
fosses;-dan'iegcs, aatieos-of-aodori eoste-expenses-and-Ilabilltles:; inoiuding-Iegm4eoa, arfsing-out-ofT-enant's-aeeupanoy
afthe-Prey, lees-or-priosenee-owrthe-Property, the-conduct-er- Tenant's -business, -any -default -by Tenant and/er-any-act;,:
entissterr-or-neglect-.(Including-vielatlens-of- L-awyyefTenant-nr-its-egentsrcontractors;-employeoc, auppilers-lieensaos or
Invitees;-sucoessers-er assigne-(eaeh-a"Tenant-Cntifiy° and-colieetivel.Mho "T-enact-Er>titlest). T'he-provielena-of-thie
Artiele42-shall-survive-the=expiration-ar-earlier-tat nlnatien-af4his-Deese
13, Hazardous Materials,
13,01 "Hazardous Materials" will mean any substanoe commonly referred to, or defined In any Law, as a
hazardous material or hazardous suhstanoo (or other similar term), Including but not he limited to, chemicals, solvents,
petroleum produote, flammable materials, expiasives, asbestos, urea formaldehyde, PCS's, chlorofluorocarbons, freon or
radioactive materials. Tenant wit not cause or permit any Hazardous Materials to be brought upon, kopt; stored,
discharged, released or used In, under or about any portion of the Property by Tenant, or its agents without the prior
written consent of Landlord, which consent may be withhold or conditioned in Landlord's cols discretion; provided, Tenant
may bring Into the Premises small amounts of Hazardous Materials (such as cleaning products and copy toner) which are
readily available to Tenant by unregulated retail purchase If the same are necessary in Tenant's normal business
operations, If Tenant or any Tenant Entity brings any Hazardous Materials to the Premises or Property, with or without
the prior written consent of Landlord (without waiver of the requirement of prior written oonsont), end in executing this
Lease Tenant aoknowiedges and agrees that by Its director Indiroot Involvement in the introduotion of any Hazardous
Materials to the Premises or Property, with or without the consent of the Landlord, that Tenant accepts full and oornpiete
responsibility for suoh Hazardous Materials and: henoeforth on will he considered the Responsible Party se defined by any
applicable governmental authority and/or Low, Further, Tenant shall; (a) use suoh Hazardous Material only as Is
reasonably necessary to Tenant's business, In small, properly labeled quantities; (b) handle, Use, keep, store, Arid
dispose of suoh Hazardous Material using the hlpheet acoopted Industry standards and In.00mpllaneo with all epplloable
Laws; (0) maintain et all times with Landlord e copy of the most current MSDS shoot for oaoh such Hazardous Material;
and (d) comply with such other' rules and requirements Landlord may from time to time Impose, or with any definition of
Hazardous Waste or Law as if may be Implemented or modified during or after the term of this Lease. Upon expiration or
earlier termination of this Lease, Tenant will, at Tenant'ssolo cost and expense, pause all Hazardous Materials brought to
the Promises or the Property by Tenant or any Tenant Entity, to be removed from the Property In compliance with any and
all applicable Laws,
13.02 if Tenant or any Tenant Entity violates the provislons of this Article 13, or perform any act or omission
which contamtnetes or expands the soope of aontaminatlon of the Premises, the Property, or any part thereof, that
underlying groundwater, or any property adjacent to the Property, or vloietee or allegedly violates any applicable Law,
then Tonant will promptly, at Tenant's expense, take all investigatory and/or remedial action (colleotiveiy called
"Remediatlon"), es directed or required by any goverprnental authority that is necessary to fully clean up, remove and
dispose of suoh Hazardous Materials and any oontarnlnation so caused and shall do so In compliance with any applicable
Laws. Tenant will also repair any damage to the Promises and any other affected portion(a) of the Property paused by
such contamination and Rernodiation,
4
13,03 Tenant shall Immediately provide to Landlord written notice of any Investigation or claim arising out of
the use by Tenant or any Tenant Entity of Hazardous Materials at the Property or the violation of any provislon of this
Artlole 13, or alleged vlolatlon of any Law and shall keep Landlord fully advised regarding the same. Tenant shall provide
to Landlord all reports regarding the use of Hazardous Materials by Tenant or any Tenant Entity at the Property and any
'no'dents regarding the same, regardless of whether any such documentation Is considered by Tenant to be confidential.
Landlord retains the right to participate in any Remedlation and/or legal actions afreoting the Property involving Hazardous
Materials arising from Tenant's actual or alleged vlolatlon of any provision of this Article 13 or Law.
1,3r0A,-Tenant-will-lndernnifyr pretest; defend-and-foreuer-hold-L-andierd, Its-lender-sand-ground-lesser-if-anyr the
Leendlerd-Relate -Panics the-Premdses, the-Propertyeer-arty-perlion-thereof; liarmlessfrem-any-end-alleciamagesr causes
ef-aetlere fines leases; liabeitles; judgreents; penaMee, claims,-and-other-cestsrineiedine 11ut-not; limited-te; any -Landlord
Related-P-ar-t♦ee eesteelneurre4--daring-its--partiolpatien-luteany-Romedta0en-and/or-legal--actions-as opeolfledeir-1-3703
irieine-out-of any-failure-ef-Tspenteer-Tenant-C-ntity-teeobeerve•any eeveneets-ef-this=Artiele.:4-3,—All-previslens--of this
AA.leie 13 sYaail-survive-the-expiration-efthls-Lease-and any-far-minatlon-of-this-Lear,e-ci-of-Tena rt's-right arepossesslerr:
14, Landlord's Moses. Landlord, Its agents, contraotors, oonsultents and employees, will have the right to enter the
Premises at any time In the ease of an emergency, and otherwise at reasonable times to examine the Prernleos, perform
Work In the Premises, inspect any Tenant Alterations and/or any Tenant Improvements, show the Premises, exercise any
right or remedy, .or for any other purpose. Acoess by Landlord will not give Tenent the right to terminate this lease, and
will be without abatement of rent or Ilabiltly on the part of Landlord or any Landlord Related Partlos.
16. Damage or Destruction,
16,01 if the Premises is damaged or destroyed by fire or other casualty, Tenant will immediately give written
notice to Landlord of the casualty. Landlord will have the right to terminate MI6 Lease following a casualty. If any of the
following oocur; (a) Insurance proceeds actually pald to Landlord and available for use are not sufficient to pay the full
Cost to fully repalr the damage; (b) Landlord deterrnines that the Premisesor the Building cannot be fully repaired within
180 days from the date restoration commences; (o) the Premises are damaged or destroyed within the last 12 months of
the Term; (d) Tenant Is In default of this Lease at the time of the casualty; (e) Landlord would be required under this Lease
to abate or reduce Tenant's rent for a period In excess of 6 months. If the repairs were undertaken; or (f) the Property, or
the Building In which the Premises Is located, Is damaged such that the cost of repair of the some would exceed 1 Q% of
the replacement cost of the same, .If this Lease is not terminated pursuant to Section 16,01, Landlord Will repair the
Promises and this Lease shall continuo. The repair obligation of Landlord shall be limited to repair of the Premises
excluding any Tenant improvements, Tenant. Alterations, end any personal property and trade fixtures of Tenant. (luring
the period of repair, rent Will be abated or reduced In proportion to the degree to whioh Tenant'S use of the Premises Is
impaired, as determined by Landlord, not to exceed the total amount of rent loss Insurance proceeds, directly attributable
to Tenant's Premises, Landlord has received, However, rent will not be abhted if Tenant or any of Its agents Is the cause
of the casualty,
16, Assignmeht and Subletting,
16,01 Tenant will not, voluntarily or by operation of law, assign, sell, convoy, sublet or dtherwfse transfer all or
any part of Tenant's right or interest in thl.e Lease, or allow any other person or entity to occupy or use all or any part of
the Premises (collectively called 'Transfer") without first obtaining the Written coheereof Landlord, which oonsrant shall not
be unreasonably withheld. Any Transfer without the prior written consent of Landlord shall be Vold. Without limiting the
generality of thedefinitionof, "Transfer," It le agreed that each of the following shall be deemed a "Transfer" for purposes
Of this .Article 16; (a) .an entity other than Tenant becorning the tenant hereunder by Merger, consolidation; or other
reorganization; and (b) a transfer of any ownership Interest in Tehhnt (unless Tenant is en entity whose stock Is publicly
traded). Tenant shall provide to Landlord ell Information requested by Landlord concerning a Transfer. In no event shall
Tenant mortgage, endumbor, pledge or assign for security purposes all or any part of its interest In this Lease.
Regardless of whether consent by Landlord is granted In oonneotion with any Transfer, no Transfer shall release Tenant
from any obligation or 'lability hereunder; Tenant shall remain primarily liable to pay all rent and other sums due hereunder
to Landlord end to perform all ether obligations hereunder. Similarly, no Transfer, with or Without the consent of Landlord,
shall release any guarantor from Its obligations under Its guaranty. Upon any assignment or sublease, any rights, options
or opportunities granted to Tenant hereunder to extend or renew the Term, toshorten the Term, or to lease additional
spaco shall be null and void.
16,02 In the event Landlord consents to a Transfer, the Transfer will not be effective until Landlord receives a
fully executed agreement regarding the Transfer, in a form and of substance acceptable to Landlord, any documents or
Information required by such agreement (Including any estoppel certificate and any subordination agreement required by
any lender of Landlord), an amount equal to all attorneys' fees incurred by Landlord (regardless of whether such consent
Cs granted and regardless of whether the Transfer is consummated) and other expenses of Landlord Incurred in.
oonnectlon.with the Transfer, and a Transfer fee In an amount of 1260.00,
16.03 Upon the ocourrenoe of a Default, If the Premises or any portion thereof aro sublet, Landlord may, at its
option and In addition and without prejudice to any other remedies herein provided or provided by Law, colleot directly
from the sublessoe(s) all rentals becoming due Tenant and apply such rentals against other sums due hereunder to
Landlord.
17. Default,
Titne is. of the essence in the porformahce of all eevehants of Tenant, A "Default" Is defined as a failure by the
Tenant to comply with or porr'orm any of the terms, covenants, conditions or Rules endRegelatlons under this Lease, after
receiving 30 days written notice to cure and said default is not cured within that time period, including, without limitation,
the following:
17.01 Tenant falls 'to make, as and when due, any payment of Base Rent, Additional Rent, er any other
monetary payment required to be made by Tenant herein.
5
17.02 Landlord dlseoVers that any representation or warranty made by Tenant or any guarantor was
materially false when made or that any financial statement of Tenant or of any guarantor of this Lease given to Landlord
was materially false,
17,03 Tenant makes any general arrangement or assignment for the benefit of creditors,, becomes a "debtor"
In a bankruptcy proceeding, Is unable to pay Its debts or obligations as they occur, or has an rtttechment, execution or
other seizure of substantially all of Its assets located at the Property or Its Interest In this Lease, or any guarantor becomes
insolvent, becomes a "debtor" in a bankruptcy proceeding, falls to perform any obligation under its guaranty, or attempts
to revoke its guaranty,
17,041 Tenant falls to observe, perform dr oornply with any of the non -monetary terms, covenants, conditions,
provisions or rules and regulations applicable to Tenant under this Lease other than as specified above In this Article 17;
provided, If such falluro (a) Is not intentional en the part of Tenant, (b) Is not the type of falluro ee td which Landlord shall.
have previously given Tenant written notice,. (o) does not constitute a default or violation under any .loan or other
agreement to which Landlord Is a party, and (d) Is, in the sole opinion of Landlord, a curable failure, then suoh failure shall
net be a "Default" unless Tenant does not cure such failure within 30 days following written natioe of such failure from
Landlord, Tho foregoing Tenant cure period shall In no event apply to any of the following; Tenant's (I) failure to provide
an estoppel certificate when and as required under Seatlon 20 of this Lease; (II) failure to maintain insurance required
under Article 11 cif the Lease; (III) falluro to vacate the Premises upon the expiration er earlier termination of the Lease;
(Iv) failure to comply with any obligation under the Lease pertaining to Hazardous Materials; (v) failure to provide a
subordination agreement when and as required under Section 23 of this Lease; (v1) any other matter provided for In
another subparagraph of this Article 17 for which another time limit Is provided elsewhere in the Lease,
10, Remedies of Landlord.
18.01 If 'Tenant falls to perform any duty or obligation of Tenant under this Lease,. Landlord may at Ito option,
without waiver of Default nor any other right or remedy, perform any suoh duty or obligation on Tenant's behalf. The costs
and expenses of any sUoh performance by Landlord will be Immediately due and payable by Tenant uport rooelpt.from
Landlord of the reimbursement amount required,
10,02 Upon a Default,with er without notice or demand, and Without limiting any other of Landlord's rights or
remedies, Landlord may:
(a) Terminate this Lease, In which case Tenant shall immediately surrender the Premises to Landlord< if
Tenant falls to surrender the Premises, Landlord, in compliance with Law, may enter upon and take
possession or the Premises and remove Tenant, Tenant's Property and any party occupying the
Premises, Tenant shall pay Landlord, on demand, all past due Rent and other losses and damages
Landlord suffers as a result of Tenant's Default,
(b) Terminate Tenant's right to possession of the Promisee dhd, In oompllanoe with Law, remove Tenant,
Tenant's Property and any parties occupying the Premises, Landlord may (but shall not be obligated
to) rolet all or any part of the Premises, without notloe to Tenant, for shah polled of time and on such
terms and conditions (Which. may include eonoessloris, free runt and work allowances) ae Landlord in
Ito absolute discretion shall determine, Landlord may collect and receive ell runts and other Income
from the roletting, Tenant shall pay Landlord on demand all past dos. Rent, all Costs of Reletting and
any deflolenoy arising from the roletting or failure to relet the Promises, The re-entry or taking of
possession of the Promises shall not be.construed as an election by Landlord tb terminate thle Lease,.
(o) Pursue any other remedy now or hereafter available to Landiord under the laws or judicial decisions
of the state wherein. the Promises ie located,.
18.03 in lieu of-caloulating damages under Section 18.02, Landlord may elect to receive as damages the sum
of (a) all rent accrued through the date of terrntnatien of this Lease or Tenant's right to possosslan, and (b) an amount
equal to the total rent that Tenant would have been required to pay for the remainder of the Term discounted to present
value at the Prime Rate (defined below) than In effect, minus the then present fair rental value of the Promises for the
remainder of the Term, similarly discounted, "Prime Rate" shall be the per annum Interestrate publicly announced as Its
primp or base rate by a federally Insured bank selected by Landlord in the State in whioh the Building is located,
18.04 If Tenant is In Default of any of Its non -monetary obligations under this Lease, Landlord shall have the
right .te perform such obligations. Tenant shall reimburse Landlord for the cost of such performanoe upon demand
together with an administrative charge equal to 10% of the oust of the work performed by Landlord, The repossession or
re-entering of all or any part of the Premises shall not relieve Tenant of Its liabilities and obligations under this Lease, No
right or remedy conferred upon or reserved to Landlord In this Lease Is Intended to be exclusive of any right or remedy
granted to Landlord by statute or oommon law, and each and every such right and remedy will be cumulative and in
addition to any other right and remedy now er subsequently available to Landlord at Law or In equity.
10. Condemnation, If the Premises or any portion thereof ere taken under the power of eminent domain or sold
under the threat of the exercise of said power (eolleotively, 'Condemnation"), this Lease shall terminate as to the part
taken as of the date the condemning authority takes title or possession, whichever first occurs, If all or e material portion
of the rentable area of the Premises are taken by Condemnation, Tenant may, at Tenant's option, to be exorelsed in
writing within 10 days after Landlord shalt have given Tenant written notice of such taking (or In the absence of such
notice, within 10 days after the candemrling authority shall have taken possession) terminate this Lease as of the date the
condemning authority takes such possession. Landlord shall also have the right to terminate thls Lease If there Is a taking
b/ Condemnation of any portion of the t3uilding or Property which would hove a material adverse effect on Landlord's
aolllty to profitably operate the remainder of the Building. If neither party terminates this Lease In accordance with the
foregoing, this Lease shall remain in full force and effect as to the portion of the Promises remaining, exoopt that the Base
Rent shall be reduced in proportion to the reduction In utility of the Premises oaused by suoh Condemnation,
6
Condemnation awards and/or payments shall be the property of Landlord, whether suolr award ehall be mode as
compensation for diminution In value of the leasehold, the value of the part taken or for severance damages.
2q. Estoppel Certificates; Plnanclal Statements,
20,01 Tenant will execute and deliver to Landlord, within 30 days after written request from Landlord, a
commercially reasonable estoppel oertlfleete to those parties as are reasonably requested by Landlord (including a
Mortgagee or prospective purchaser), Without limitation, such estoppel certificate may Include a cortifleation as to the
status of this Lease, the existence of any default and the amount of rent that is due and payable, Any such estoppel
certificate may be rollod`tpon by Landlord and by any eotual or prospective buyer or lender of the Property and any other
third party •designated by Landlord. If Tenant falls to execute and deliver such estoppel certiflceto within such 30 day
period, such estoppel :certificate shall be binding on Tenant as prepared,
20,02 Within 30 days after written request from Landlord, Tonere shall deliver to Landlord such financial
statements as Landlord reasonably requests regarding Tenant or any assignee, subtenant, or guarantor of Tenant,
Tonant represents and warrants to Landlord that each financial statements are true and accurate statements,
21, Notices, At communications end notices required underthis Lease shall be In writing and shall be addressed to
the respective address of the reooiving party. All notices to Tenant shall be given by reputable overnight courier, U, S,
mall (return reeelpt required, postage prepeld), or hand delivery, and shag be deemed reeelved on the date of delivery (or
attempteddelivery) as evidenced by return reoelpt, Any notice to Tenant may also be given by posting at the Promises
and shall be effeativo upon stash posting, At.. any time during the Term, Landlord or Tenant may specify a different Notice
Address (excluding post ogee boxes) by providing written notlfioation to the other,
22, Holdover. If Tenant.remalns In possession of all or any part of the Premises with Landlord's prior written consent
after the expiration or termination of this Lease or of Tenant's right to posseeefon, such possession will constitute a.
month-toimonth tenancy which may be terminated by either Landlord or Tenant upon 30 days written geode and will not
constitute e renewal or extension of the Term, If Tonant falls to surrender all or any part of the promisee at the
termination of this Lease, occupancy of the Premises eftor termination shall be that of a tenancy at sufferance, Tenant's
ocoupancy shall be subject to all the terms and provisions of this Lease, and Tenant shall pay an amount (on e per month
basis without reduction for partial months during the holdover) equal to 150% of the sum of the groator of (a) Sase Rent
and Additionai Rent duo far the period immediately preceding the holdover, and (b) then -current fair market rent for the
Premises as reasonably determined by Landlord. No holcl.over by Tenant or payment by Tenant after the termination of
this Lease shall be construed to extend the Term or prevent Landlord from immediate recovery of possession of the
Premises by summary proceedings or otherwise.
23. Subordination, Tenant aoo.opts this Lease subject and subordinate to any mortgago(s), deed(s) of trust, ground
lease(e) or other lien(s) now or euhsequentiy arising upon the Promisee, tho i3uliding or the Property, and to renewals,
modifications, refinancings and oxtenslons thereof (collectively referred to as a "Mortgage"). The party having the benefit
of a Mortgage shall bereferred to as a "Mortgagee This olause shall bo self -operative, but upon request from a
Mortgagee, Torrent shall, within ton (10) days of request therefor, exeoute e commercially reasonable subordination
agreement in favor of the Mortgagee. As an alternative, a Mortgagee shall have the right et any time to subordinate its
Mortgage to this Lease, Upon request, Tenant, without charge, .shall ettorn to any successor to Landlord's Interest In this
Lease,
24, porue Majeure, Landlord will not be_doemed In breach or default of this Lease or have liability to Tenant, nor will
Tenant have any right to terminate this Lease or ebete rent or assert a claim of breach of any covenant of quiet enjoyment
or partial or oonstruotive eviction, because of Landlord's failure to perform any of Its obligations under this Lease if the
failure is due in part or in full to strikes, acts of God, shortages of labor or materials, war, terrorist acts, oiVil disturbances
and other causes beyond Landlord's reasonable control ("Porto MaJeure'), if this. Lease speolfies. a time period for
performance a an obligation by Landlord, that time period Will be extended by the period of any delay In Landlord's
performance oeused by such P.orce.Majeuro events as described herein,
26, Miseellaneous Provisions,
25,01 Whenever the context of this Lease requires, the word "person" shall inolude any entity, and the singular
shall Include the plural and the plural shall include the singular. If more than one person or entity is Tenant, the
obligations of each such person or entity under thle Lease will be Joint and several. The terms,conditions and provisions
of this Lease will apply to and bind the heirs, su000ssors, executors, administrators and assigns of Landlord and Tenant,
No remedy or election hereunder shall be deemed exolusive but shall, whenever possible., be cumulative with all other
remedies at law or In equity. Time is of the essentre for the performance of each terra, condition and covenantof this
Lease,
25,02 The captions and headings of this Lease are used for the purpose' •of oonveniertoe only, This Lease
contains all of the agreements and conditions made between Landlord and Tenant and may net be modified in any
manner other then by e written agreement eigned by both Landlord and Tenant, Any statements, promises, agreements,
warranties or representations, whether oral or written, not expressly contained herein will in no way bind Landlord and
Tenant expressly waives all olefins for damages by reason of any statements, promises, agreements, warranties or
representations, If any, not oohtalned 1n this Lease, No provision of this Lease shall bo deemed to have been waived by
Landlord unless such waiver is In writing signed by a regional vice president or higher title of Landlord or of Landlord's
management company, and no custom or practice which may develop between the parties during the Terre shall waive or
diminish the Landlord's right to enforce strict performance by Tenant of any terms of this Lease. Additionally, regardless
of Landlord's knowledge of e default et the time er ouch acceptance, the rtoceptanoe of rent or any other payment by
Landlord will pot constitute e waiver by Landlord of any default by Tenant. Thls Lease Is governed and construed In
accordance with the laws of the stets In which the Premises are looated,and venue of any legal aotlon will be in the
county where the Premises are located, This Lease may be exeouted In any number of counterparts, each of whlph shall
be deemed an original, but ell of which, together, shall constitute ens and the some Lease. In order to expedite the
transaction contemplated herein, to the extent allowable under applicable Law, tdleroplod signatures or signatures.
7
transmitted by electronic mall In so-called "pdf" format may be used in plaoe of original signatures on this Lease. Landlord
and Tenant intend to be bound by the signatures on the teleoopled or a -mailed document, are aware that the other party
will rely on the teleoopled or o-mailed signatures which shall he of the same force and affect as hand-written signatures,
and hereby waive any defenses to the enforcement of the terms of this Lease based on such teleoopled or e-milled
signatures,
26,03 This Lease has been fully reviewed by both parties and shall not be striotly or adversely construed
against the drafter. If any provision csontalnsd herein Is determined to be Invalid, Illegal or unenforceable in any respect,
then (a) suoh provision shall be onferced to the fullest extent allowed, and (b) such. Invalidity, illegality, or unenforceabliity
will not affect any other provision of this base.
26,04 Except-as-required-under-•Artlolos 20-anther 26 o-thle-L-Dace, Tenant-hGr-eby agree.e ne to-disolose-any
torms-ef-thie-Lease-without-the-erlor-writton-eensent--ef-Landlerdi Tenant shall not record this Lease or any short forhil
memorandum hereof,
25.05 All obligations of Tenant under this Lease not fully performed as of the expiration or earlier termination of
the Term shall survive the expiration or earlier termination of this Lease,
26,05Landlord and Tenant each warrant to the other that It has not dealt with any broker or agent In connection
with this Leese, other than the person(s) listed In the Basic Lease Information, Landlord -and' -errant -each -agree to
inderxarfify-the-ether-againnst--all-costs; expenses; legal-foes-and-ether-liability-fer-commisslens-er-other-compensation
eIat ed-by-an) Either broken -en -agent by reason -ref the -act -or -agreement -of rho-indpmnlfying-party. The provisions of this
Section 26,05 shall survive the expiration or earlier termination of this Lease.
25,07 The grant of any consent or approval required from Landlord under this Lease shall be proved only by
proof of a written document signed and delivered by Landlord expressly setting forth such consent or approval, Unless
otherwise;spoolfled herein, any such consent or approval may be withheld In Landlord's sole dlsoretlon. Notwithstanding
any other provision of this Lease, the sole and exclusive remedy of 'Tenant far any alleged or actual Improper withholding,
delaying or conditioning of any consent or approval by Landlord shall be the right to specifically enforoo any right of
Tenant to require issuance of such consent or approval oh conditions allowed bythis Lease,
25.08 'Tenant agrees to abide by, keep end observe, and shall cause its employees,. suppliers, shippers,
customers, agents, contractors and Invitees to so abide by, keep and observe, all Rules and Regulations set forth in
Exhibit C (the "Rules and Regulations") end all reasonable additions end amendments to the same of which Landlord
provides .written notice to Tenant, Landlord will not be responsible to -Tenant for anynonperformenee by any other tenant,
occupant or Invitee of the Property of any said Rules and Regulations,
26,00 Tenant will not place any signage on or about the Property, or on any part thereof, without the prior
written consent of Landlord which Landlord may withhold or eendltion in its sole discretion, All Tenant signago will comply
with the terms and conditions of this Lease, all applicable Laws,. end sign criteria for the Building as prdmulgated by
Landlord from time to time and the Rules and Regulations and/or other criteria which Landlord may establish Vern time to
time.
4a,-1-0--ifron-aoaownt-of-any-breach-er-default-by-Teriant In T-cram tobNgatlonaunder-the-tenne and -conditions
efthis-L-eeee-It-shall-beeel-neeeasery-er appropriate-fer-Landlerd-te-employ er -consultwith-en attorney-or-eelieetion
agoney-oonser+Wing-or-to-enforoo-o defend-a.ny-of landlord's-rlghts-or-remodies-arising-under-thIS-L-ease-or-to-eelleot-any
sums-due-from-Tenantr-TWant-agrees-to-pay-all-awls--and-fees se-incurred-by-L-andlerd; including -Without -limitation;
reasonable -attorneys' feoc and casts. rf-elther-party-Institutes e--suit-sgalnst-the-ether-for-vlolation-of or -to onforee-any
covenant;-term-er-coedWien--of-tams-Lease;-the-prevailing-party-shall-be-entitled-tEr rely berset rent-ef-all-01-1t costs -and
expenses,-I.noludi,ne wathoutlirnitatlon reasonable -attorney Lfees:
26,11 Tenant represents and warrants to Landlord that eaoli Individual exeouting thls Lease on behalf of Tenant
is authorized to do so on behalf of Tenant and that Tenant Is not, end the entitles or individuals constituting Tenant or
which may own or control Tenant Or whloh may be owned or controlled by Tonont are not, (I) in violation of any IaWs
relating to terrorismor money laundering, or (II) among. the Individuals or entitles Identlflee on any list complied pursuant
to Ekeoutive Order 13224 for the purpose of identifying suspected terrorists or on the most current list published by the
U.S, Treasury Department Offlos of Foreign Assets Control at Its official webslte, http://www,treas.gov/ofac/tlledn,pdf or
any replacement webslte or other replacement dfflotel publlsatton of such list,
26.12 Waiver of Jury Trial, THE PARTIES HEREBY WAIVE THEIR RESPECTIVE RIGHTS TO. TRIAL BY
JURY IN. ANY ACTION OR PROCEEDING INVOLVING'T'1-iIS PROPERTY OR ARISING OUT OP THIS LEASE,
1 olely-for-the-purpose-ef=effectuating- errant indernnificetion-oblici-attons-wader-ilia L-easerand-not for
the-benefit-of,any-third-parties-(inoludhtg- -but-net4im iced-to-employees-of-Tenant),-Tenantspeolfl Bally -and -expressly -waives
any immenity-tenant-ma r-bo-gr-nnted-under-appticahle-federal•state-er-local-Werksr-aempensatlen-Acre, Dlsabitlt eneflt
Acts-cr ether-employee-benefit-aet urthermerarthe-Indemnifleatien-ebilc atio- ne-under-taxis-L-oase,-shall-notbe-Itmited-ln
any-way-by-ar lirri-katten-en-the-amount-or type-ef-aarnages; eempensation-er-benefits-payable-to-er-for-any-third-party
undo uVerkor-Gerrtponsatien-Acts,-ptsabillty-I enefit-Act er-ether-empleyeo-boneittoete The-partleaaeknowledge that
rho-foregoing-provisions-ef-this-Zeotion-have-been-speeifleaity-and-Mutually-negotiated-between4he-parties;
26,14 Landlord and any successor Landlord have the right. to sell the Property or any portion of it, or to assign
Rainforest In this Lease, et any time and from Limo to time, Upon the sale or any other conveyance by Landlord of the
Property, or a portion thereof which Includes the Premises, Landlord shall be released fiord all obligations and ilability
under this Lease arising out of any act, event, ccourrenee Or omission ocourring or existing after the date of such
conveyance, and In scldh event Tenant agrees to look solely to the responsibility of the sucoessor iti Interest of Landlord in
and to this Lease.
26, Additional Provisions.
8
28,01 Tenant heraby pledges and assigns to Landlord aS security for the payment of any and all Base Rent,
Tenant's Proportlonate.Sharo of Operating Expenses, Additional Rent or other sums or amounts provided for herein, all of
the furniture, fixtures, equipment, goods and chattels of Tenant which shall or may he brought or put Into the Premises,
provided, however that same may be subject to purohase money security Interests or equipment leases in favor of
unrelated parties, and Tenant agrees that sold lien may be enforced by distress, foreclosure or otherwise, at the election
of Landlord,
28,02 The following notification Is provided Under Section 404,036(6), Florida Statutes: "Radon is a naturally
occurring radioactive gas that, when It has accumulated In a building. in suff101ent quantities, may present health risks to
persons who are exposed to it over time, Levels of radon that exceed federal and state guidelines have boon found In
buildings In Ploride, Additional Information regarding radon and radon testing rney beobtainedfrom your county health
department,'
28,03 Mold Is a naturally occurring Substance, Mold is found both Indoors and Outdoors, The presence of mold.
may cause property damage or health problems, Landlord shall not be liable for .any loss, damage or personal Injury
suffered by Tenant, or any of the Tenant's officers,, directors, employees, or Invitees, duo to the presence of mold in or
around the Properly or Premises, Tenant acknowledges that It shall. be Tenant's responsibility to undertake necessary
measures to retard and prevent mold from accumulating within the Premises, Including, but not limited. to, the following:
(a) maintaining appropriate climate control within tho Premises; (h) maintaining the cleanliness of the Premises; (o).
rerhoving visible moisture aocumulations o.n windows, window sills, walls, floors, Onilings and other surfaces as soon as
reasonably possible; and (d) not blooldng ar covering any hooting; ventilating or air conditioning ducts within the Premises,
Tenant shall report Immediately In writing to Landlord any evidence of meld or of a water leak or excessive moisture within
the Premises, of which Tenant becernos aware, Should Tenant desire a mold Inspection or' additional information about
mold, Tenant should contact professional In this flold,
[SIGNATURE PAGE TO FOLLOW]
9
Submission of this Lease for examination and signature by Tenant Is not an offer to Lease and does not create a
reservation or option to lease. This Lease will b000me effective and binding only upon full execution and delivery by both
Tenant and Landlord. THIS LEASE, WHETHER OR NOT EXECUTED BY TENANT, IS SUBJECT TO ACCEPTANCE BY
LANDLORD, ACTING BY ITSELF OR BY ITS AGENT BY THE. SIGNATURE ON THIS LEASE OF ITS SENIOR VICE
PRESIDENT, ASSISTANT VICE PRESIDENT OR REGIONAL MANAGER AND DELIVERY OF SUCH SIGNATURE TO
TENANT.
Landlordand Tenant have exeoutod this Lease as of the day and year first above written,
WITNESSES:
Signature
LANDLORD;
PSI3P Industrial, L,L,C., a Delaware limited liability company
By: .PS' Business Parks, LP a California limited partnership
Its; Managing Member
By: PS Business Parks, Ino„ a California corporation
Its: General Partner
Print Name By;.
Signature
Print Name
WITNESSES:
Name: David Vicars
Title: Vice President
TENANT;
City of Miami', a rtlunlaipal corporation of the State of
Florida
3y
Todd 13. Hannon
City Clerk By:
Byl
Signature
Print Name
Daniel J. Alfonso
City Manager
APPROVED AS TO INSURANCE APPROVED AS TO FQSMVI AND
REQUIREMENTS; CORRECTNESS:
By;
13y:
Ann -Marie Sharpe, Director Victoria MHndez
Risk Management Department City Attorney
10
EXHIBIT A -I
PREMISES
This Exhibit Is attached to and made a part of the Lease by and between PSBP Ihdustrial, L.L.C., a Delaware
limited liability company ("Landlord') and City of Mlaml ("Tenant") for space In the Building located at
EXHIBIT A-2
PROJECT AND PROPERTY
This Exhibit is attached to and made a part of the Lease by and between PSBP Industrial, L.LC., a Delaware
limited liability company ("Landlord") and City of Miami ("Tenant") for space in the Building
{2095 0000/00101136;2}
A-2
A-3
EXHIBIT B
TENANT IMPROVEMENTS
This Exhibit is attached to and made a part of the Lease by and between PSBP Industrial, L.L.C., a Delaware
limited liability company ("Landlord") and City of Miami ("Tenant") for space in the Building located at r.
Capitalized terms not otherwise defined in this Exhibit B shall have the meaning given to
such terms in the Lease of which this Exhibit B is a part.
Tenant hereby accepts the demised Premises in an "as -Is" condition and in no event shall Landlord be responsible
for any tenant Improvement work. Any tenant improvement work shall be the sole responsibility of Tenant, shall be subject to
the terms of the Lease including, without limitation, Article 9, and any and all costs for such tenant improvement work shall
be paid directly by Tenant.
{2095-0000/001011.36; 2)
B-1
EXHIBIT C
RULES AND REGULATIONS
This Exhibit is attached to and made a part of the Lease by and between PSBP Industrial, L.L.C., a Delaware
limited liability company. ("Landlord") and City of Miami ("Tenant") for space in the Building. located at
Landlord reserves the right to make such other and reasonable rules and regulations as in its judgment may from time to
time be needed for safety and security, for care and cleanliness of the Building and the Project and for the preservation of
good order therein. Tenant agrees to abide by all such Rules and Regulations herein stated and any additional rules and
regulations which are adopted.
1. Driveways, sidewalks, halls, passages, exits, entrances, elevators, escalators and stairways shall not be obstructed by
tenants or used by tenants for any purpose other than for ingress to and egress from their respective premises.. The
driveways, sidewalks, halls, passages, exits, entrances, elevators and stairways are not for the use of the general public
and Landlord shall in all cases retain the right to control and prevent access thereto by all persons whose presence, in
the Judgment of Landlord, shall be prejudicial to the safety, character, reputation and interests of the Building, the
Property and Its tenants, provided that nothing herein contained shall be construed to prevent such access to persons
with whom any tenant normally deals in the ordinary course of such tenant's business unless such persons are engaged
In illegal activities. No tenant, and no employees or invitees of any tenant, shall go upon the roof of any Building, except
as authorized by Landlord.
2, No signs, advertisements or notices shall be painted or affixed to windows, doors or other parts of the Building, except
those of such color, size, style and In such places as are first approved In writing by Landlord, All tenant identification
and suite numbers at the entrance to the Premises shall be installed by Landlord, at Tenant's cost and expense, using
the standard graphics for the Building. Landlord shall have the right to remove any such sign, placard, banner, picture,
name, advertisement, or notice without notice to and at the expense of Tenant, which were installed or displayed in
violation of this rule. All approved signs or lettering on doors and walls shall be printed, painted, affixed or inscribed at
the expense. of Tenant by a person or vendor approved by Landlord and shall be removed by Tenant at the time of
vacancy at Tenant's expense. Except In connection with the hanging of lightweight pictures and wall decorations, no
nails, hooks or screws shall be inserted into any part of the Premises or Building except by the Building maintenance
personnel without Landlord's prior approval.
3. The directory of the Building or Property, if any, will be provided exclusively for the display of the name and location of
tenants only and Landlord reserves the right to charge for the use thereof and to exclude any other names therefrom.
4, No curtains, draperies, blinds, shutters, shades, screens or other coverings, awnings, hangings or decorations shall be
attached to, hung or placed in, or used In connection with, any window or door on the Premises without the prior written
consent of Landlord. In any event with the prior wttten aonseht of Landlord, all such items shall be Installed inboard of
Landlord's standard window covering and shall in no way be visible from the exterior of the Building. All electrical ceiling
fixtures hung in offices or spaces along the perimeter of the Building must be fluorescent or of a quality, type, design,
and bulb color approved by Landlord. No articles shall be placed or kept on the window sills so as to be visible from the
exterior of the Building. No articles shall be placed against glass partitions or doors which Landlord considers unsightly
from outside Tenant's Premises,
5. Each tenant shall be responsible for all persons for whom it allows to enter the Building or the Property and shall be
Liable to Landlord for all acts of such persons. Landlord. and Its agents shall not be liable for damages for any error
concerning the admission to, or exclusion from, the Building or the Property of any person, During the continuance of
any invasion, mob, riot, public excitement or other circumstance rendering such action advisable in Landlord's opinion,
Landlord reserves the right (but shall not be obligated) to prevent access to the Building and the Property during the
continuance of that event by any means it considers appropriate for the safety of tenants and protection of the Building,
property in the Building and the Property.
6. Tenant, upon the termination of its tenancy, shall deliver to Landlord the keys for all doors which have been furnished to
Tenant, and in the event of loss of any keys so furnished, shall pay Landlord therefor.
7. The restroorns, toilets, urinals, wash bowls and other apparatus shall not be used for any purpose other than that for
which they were constructed and no foreign substance of any kind whatsoever shall be thrown into them. The expense
{2095-0000/00101136; 2,}
C-1
of any breakage, stoppage, or, damage resulting from violation ofthis rule shall bebornobythe tenant who, or whose
employees or invItees, shall have caused the breakage, stoppage, or damage.
8. Tenant shall not use or keep In or on the Promises, the Building or the Property any kerosene, gasoline, or Inflammable
or no0bVoUbl8 MU|d or material except In strict accordance with the terms of the Lease. Tenant shall DcdUse, keep or
permit to be used or kept in Its Premises any foul or noxious gas or substance, Tenant shall not allow the Premises to
be occupied or used In a manner offensive or objectionable to Landlord or other occupants of the Buildingby reasonof
noise, odors and/or vibrations or Interfere In any way with other tonantsor those having business therein, No animals,
except those assisting handicapped persons, shall. be brought onto the Property or kept in or about the Premises,
V. Except with the 1prior written consent of Landlord, Tenant shall not oe4|. or permit the oo|e/ at utoi|, of newspapers,
magez|nos, porkzdio8|a, theater tickets or any other goods or monuh8nd|mo in or on the Premises, nor ohm|| Tenant carry
on, or permit or allow any employee or other person to carry on, the business of stenography, typewriting oronye|m||ar
business in or from thoPremisesfor the service or accommodation of occupants ofany other portion ofthe Building, or
the business ofapublic barber shop, beauty parlor, norshall the Premises b&used for any illegal, Improper, immoral or
objectionable purpose, or any bWo|noao or activity other than that mpeo|fiooUv provided for |n such Tenant's Lo$ao.
Tenant shall not accept he|roty||ng, barbadng' ahoenh|Ro, nail, rnaoaagm nrsimilar services in the Premises orcommon
areas except ooauthorized byLandlord.
lO. |fTenant requires telegraphic, telephonic, te|eoommun|ooUone.. data processing, burglar alarm orsimilar snrv|coo,|tshall
first Vbta|n, and comply with, Landlord's Instructions in their Installation. The cont of purchasing, installation and
maintenance of such oorvkmn shall be borne solely by Tengnt. Landlord will d|naot electricians as to where and how
telephone, telegraph and electrical. wires are b}boIntroduced or Installed. No borIng or cuttingfor wires will bnallowed
without the prior written consent ofLandlord, The \000t|nn of burglar alarms, te|ephoDon, nm|| bnXmn and other nff|oo
equipment affixed to the Premises shall be subject to the prior written approval of Landlord,
11. Tenant shall not Install any radio or television antenna, satellite dish, loudspeaker or any other device on. the exterior
vxa||o or the roof of the Building, without Landlord's consent, Tenant oho|| not Interfere with radio or television
broadcasting or reception from or in the Building, the Property or elsewhere.
1lTenant shall not lay linoleum, tile, carpet orany other floor covering oothat the same shall baaffixed hothof|oorof Its
Premises |nany manner except eoapproved inwriting byLandlord.
13. Tenantoha||notoperatoorperm|ttoba,noeratodaon|nortVhenoparotedvoDdingVnaoh|Ooore|m||ardoYioVUDc|ud|n0.
without limitation, telephones, |ockero, toUeta, uoo|ea, mnnuoement devices and machines for na|o of beverages, foods,
candy, cigarettes and other goods), except for ro8oh|ngm for the exclusive use of TeOant!s ornp|oynmo and |Ov|b9ns,
Bicycles and other vehicles are not permitted inside the Building or on the walkways outside the Building, except in areas
designated by Landlord.
14. Business 0aoh|noo and mwohmn|oo| oqp|pment belonging to Tenant which cause noise or vibration that may be
transmitted to the structure of the Building or to any space therein to such a degree as to be objectionable to Landlord or
toany tenants iAthe Bu||diQg shall bwplaced and maintained byToOant.atTenant's expense, unvibration eliminators or
other devices sufficient toeliminate noise orvibration, The persons employed tomove such equipment |OVrout ofthe
Building must be acceptable to Land|ord. Tenant shall not |nntal|, operate or maintain in the Premises or in any other
area of the Building, e|oothms| equipment that would overload the electrical system beyond its capacity for proper,
efficient and safe operation an determined solely by Landlord. Torrent ohm|i not furnish cooling or heating to the
Premises, including, without ||n1|tot|on' the use of n|octdo or gas heating devices, without Landlord's prior written
consent, Tenant shall not use more than Its proportionate share oftelephone lines and other telecommunication facilities
available tOservice the Building,
15. Each tenant shall store all its trash and garbage within the interior of the Premises or as otherwise directed by Landlord
from time to time, Tenant shall not place in the trash bmme or receptacles any personal trashmaterial that may
not or cannot be disposed of In the ordinary and customary manner of ny0ovNA and disposing of trash and garbage in
the city, without violation of any law or ordinance governing such disposal.
16. Canvassing, solloitIng, distribution of handbills or any other written material and peddling In the Building and the Property
are prohibited and each tenant shall cooperate to prevent the same. No tenant shall make room -to -room solicitation of
business from other tenants In the Building or the Property, without the written consent of Landlord.
17. Landlord shall have the right, exercisable without notice and without liability to any tenant' to change the name and
address ofthe Building and the Property, Without the prior written consent of Landlord, Tenant shall not use the name of
! �the Building, Project or the Property or any photograph or other likeness of, the Building, Project or the Property in
connection with, or In promoting or advertising,
hue|nee8 mXoop Ulo Tenantmay include Um BuUd�g�.
Pndent'morProperty's name |OTenant's address.
lX. Landlord may from time to time adopt systems and procedures for the security and safety of the Building andPm
Its occupants, entry, use and contents. Tenant, Its agents, employees, contractors, guests and Invitees shall comply with
Landlord's systems and procedures, Tenant shall comply with all safety, fire protection and evacuation procedures and
regulations established by any governmental agency, Tenant assumes any and all responsibility for protecting its
Premises from. theft, robbery and pilferage, which includes keeping doors locked and other mean8 of entry to the
Premises closed.
19. No Tenant is allowed to unload, unpack, pack or in any way manipulate any products, mahado|o or goods In the
common areas of the Property including the parking and driveway areas of the Property. All products, goods and
materials must be manipulated, handled, Rept, and stored within the Tenant's Prem'Ises and not In any exterior areas,
Including, but not limited to, exterior dock platforms, against the exterior of the Building, parking areas and driveway
areas of the Property, Tenant also agrees to keep the exterior of the Promises clean and free of nails, wood, pallets,
packing materials, barrels and any otlher debris produced from their operation, All products, materials and goods are
to enter and exit the Premises by being loaded or unloaded through dock high doors into trucks and or trailers, over
dock high loading platforms intotrucks and or trailers or loaded or unloaded Into trucks and or trailers within the
Premises through grade level door access, Movement in or out of the Building of furniture or office equipment, or
dispatch or receipt by Tenant of merchandise or materials requiring the use of elevators, stairways, lobby areas or
loading dock areas, shall be restricted to hours reasonably designated by Landlord, Tenant shall obtain Landlord's
prior approval by providing a detailed listing of the activity, which approval shall not be unreasonably withheld, If
approved by Landlord, the activity shall be under the supervision of Landlord and performed in the manner required
by Landlord, Tenant shall assume all risk for damage to articles moved and injury to any persons resulting from the
activity.. If equipment, property, or personnel of Landlord or of any other party Is 'damaged or Injured as a result. of or
in connection with the activity, Tenant shall be solely liable for any resulting damage, loss or Injury. Tenant shall not
make deliveries to or from the Premises in a.m8nner that might Interfere with the use by any other tenant of its premises
or of the Common Areas, any pedestrian use, or any use which IsInconsistent with good business practice,
20, Smoking of any kind is strictly prnh|bitecL at all U0eo` at any location on the Property, except in the dow|gnmhsd
smoking area which is located at the OUTSIDE PERIMETER OF THE BUILDING ONLY, Landlord may relocate the
designated smoking area at Its sole discretion, at any time during the Term of this Lease.
Tenant mhoU be responsible for the observance of all of the foregoing Rules and Regulations and the Parking Rules and
Ro0Ulat|VDo set forth b8|om/ by Tenant's employees, aOento, o|kantn. customers, invitees and guests, These Rules and
Regulations are In addition to, and shall not be construedto in any way modify, alter or amend, in whole or In part, the terms,
covenants, agreements and conditions ofany lease nfany premises |nthe Property, Land|ordnueyw/ol"vgany one or -more Vf
these Rules and Regulations for the benefit of any particular tenant or tenants, but no such waiver by Landlord shall be
construed as a waiver of -such Rules and Regulations In favor of any other tenant or toDonto` nor prevent Landlord from
thereafter enforcing any such Rules and Regulations against any or all tenants of the Building.
,PARKING
1. Cars must be parked ontiro|yvvUh|npm|nted stall lines.
2. All directional signs and arrowsmust beobserved.
3. All posted speed UNlte for the parking areas shall be observed. If no speed limit is posted for an area, the speed
limit shall befive (S) miles per hour,
4. Parking \uprohibited:
(a)
(N kA hlareas not striped for parking;
In aisles;
.
where "no narkno"signs are posted;
(d) an ramps;
(e) |ncross hatched areas; and
Ml insuch other areas anmay bodesignated by Landlord.
O. Handicap and visitor stalls shall be used only by handicapped persons or visitors, as applicable,
8. Parking stickers or any other device or form of Identification supplied by Landlord from time to Umo(If any) oheU
rg0a|O the property 4fLandlord, Such parking Identification device must be displayed as requested and may not
be mutilatedin any manner, The serial number of the parking Identification device may not be obliterated, Devices
are not transferable and any device may not be obliterated. Devices are not transferable and any device In
possession of any unauthorized holder will be void, There will be a replacement charge payable by the parker and
such porker's appropriate (eOeMt equal tothe amount posted from time to time by Landlord for |oma of any
magnetic parking card orany parking at|okor.
7. Every pod<or is required to park and look his or her own car. All responsibility for- damage to oars or persons Is
assumed bythe parker.
8. Loss or theft of parking Identification devices must be reported to Landlord, and a report of such loss or theft must
be filed by the parker at that t|rne. Any parking identification dnY|oeo reported lost or stolen found on any
unauthorized car will be confiscated and the illegal holder will be subject to prn0004t|oO. Lout or stolen devices
found by the parker must be reported to Landlord Immediately to avoid confusion,
Q. PerNngspaces are for the express purpose ofparking one automobile per space. Washing, woxing, o|eon|ng, or
servicing of any vehicle- by the parker and/or such poroon'e agents Is prohibited. The parking anaou ohuU not be
used for overnight orother storage for vehicles nfany type,
10. Landlord reserves. the right to refuse the Issuance of parking identification or access devices to any tenant and/or
ouohtenant'oemp|oyees'aQonte'v|n|toroorrwpreeentativmevvhovv|||fU||yrofueot000nnp|yw|ththePark|ngRu|ou
and Regulations and/or all app||nmb|8 governmental ordinances, !ovYo. or agreements,
11. Tenant shall acquaint its employees, agents, visitors or representatives with the Parking Rules and Regulations,
anthey may baineffect from time tutime.
12. Any monthly rental for parking shall be paid one month In advance prior to the first day of such month. Failure to
do so will automatically oaDoe| parking- priv||oggs, and e charge of the prevailing daily rate will be dum. No
deductions or aUomyenreefnrN~the -monthly rental for parking will be made for days o parker dgon not use the
parking facilities,
18. Each parker shall pay reasonable deposit for any parking Gard Issued to such a person.Such deposit shall be
paid at the time the parking card is issued and shall be forfeited If the parking card Is lost. Such deposit ehe|| be
returned without (ntmrmmt, at the time such person oesm$n to utilize the parking facilities, upon surrender of the
parking card. A reoaVmatde replacement charge aheU be paid to replace m lost card and an amount |nexcess of
the Initial deposit may becharged omthe replacement fee,
14. Except as provided above, No trucks, truck tractors, trailers or fifth wheel are allowed to be parked anywhereatany
time Yv|th\n the Property other than In Tenant's oYYO truck dock well. Vehicles in violation of the above oho|| be
subject to toN-ommy, at vehicle owner's expense, Vek|n|en parked In public parking areas will be no larger than
fu||-mlz$d poaoanQar automobiles or standard p|ck'Up trucks. Landlord ranorvoo the right, without notice to
Tonent, to tow away at Tenant's ou|o cost and expense any voh|o|eo parked in any parking area for any
continuous period of 24 hours or more, or earlier If Landlord, in its sole discretion, determines such parking to be
o hazard or 'inconvenience to other tenants orLond|ord, or violates any rules or regulations or posted notices
related to parking, Land|ord`oha|| not be responsIble for enforcing Tenant's po[K|Dg rights against. third parties.
From time to time, Landlord reserves the right, upon written Dcd|oe to Tenant, to change the |nmat|un' the
availability and nature of parking spaces, establish reasonable time limits on parking, and, on an equitable basis,
to assign specific spaces with orwithout charge to Tenant as Additional Rent.
15. Tenant shall at all times comply With all applicable Laws (as defined in the Lease) respecting the use of the parking
fa:|hyserving the Building,
16, LANDLORD SHALL NOT BE LIABLE FOR ANY LOSS, INJURY OR DAMAGE TO PERSONS USING THE
PARKING FACILITY OR AUTOMOBILES OR OTHER PROPERTY THEREIN, IT BEING AGREED THAT, TO
THE FULLEST EXTENT PERMITTED BY LAW, THE USE OF THE SPACES SHALL BE AT THE SOLE RISK.
OF TENANT AND ITS EMPLOYEES. WITHOUT LIMITING THE FOREGOING, TENANT HEREBY
VOLU-NTARILY R-�RELEA-.SE-S; DISCFIAI CEST1'AWES-AND-RELIN LASHES ANY -AND -ALL -ACTIONS --OR
CAUSES OF AC' ION--POR--RER-SON=AL-INJURY--OR-PROPER-T-Y-DAMAGE OCCURRING TO TENANT
ARISING -AS -A -RESULT OF -PARKING --IN THE---PARKING-FAGIL-1-TY, -OR ANY -ACTT I-TIES-INGII ENTAL.
T-kIERE-" W-Hl=RDV-ER--OR-%1OWEVER THE SAME -MAY OGCUR; ANi -FURTHER-AGREES-TTHAT T-ENANT
WILL: RIOT -I ROSE-G TMANY--CLAIM-F-4R-PER NAL.-INJURY 0R-P-R01 ERTY DAMAGE -AGAINST
LANDL---ORD-Off--ANY OF T'HE-LANDLORD-RELATED-PARTI€S-FOR--ANY-SAID-CAUSES4F ACTION —IN
ALL -EVENTS; TE-NANT-AGREE-S: TOLOOK FIRST TO -ITS -INSURANCE -CARRIER AND TO REQUIRE -THAT
'ENANTIS EMI LO-YEE-S-L-OO:I -FIRST-T-04HEIR-I ESPEC 'WE-INBURANG GAF RIE-RS-F-OR P11-XMl~N-T=GF
ANX-LOSSES--SUSTAINED-IN--CONNECTION WITM ANY USE OFTHE -PARKING-F-ACILIT"Y, TENANT
14EREB-Y-WAIVE-S-ON-BEHALF--OF' IT 4NSURANCE CARRIERS-ALL-RIGHT-OF-SU&ROGA-TION AGAINST
LANDLORD-GR-LA FORD-REI.-ATED-P--ART-IIE
17. Landlord hereby reserves the right to enter into a management agreement or lease with another entity for the
operation of the Parking Facility ("Operator"), In such event, Tenant, upon request of Landlord, shall enter into a
parking agreement upon substantially the same terms hereunder with the Operator and pay the Operator the
monthly charge established hereunder, and Landlord shall have no liability for claims arising through acts or
omissions of the Operator, It is understood and agreed that the identity of the Operator may change from time to
time during the Term, In connection therewith, any parking lease or agreement entered into between Tenant and
any Operator shall be freely assignable by such Operator or any successors thereto,
18. If Tenant defaults with respect to the same term or condition under these Parking Rules and Regulations more than
3 times during any 12 month period, and Landlord notifies Tenant thereof promptly after each such default, the next
default of such term or condition during the succeeding 12 month period, shall, at Landlord's election, constitute an
incurable default. Such cancellation right shall be cumulative and in addition to any other rights or remedies
available to Landlord at law or equity, or provided under the Lease (all of which rights and remedies under the Lease
are hereby incorporated herein, as though fully set forth), Any default by Tenant under these Parking Rules and
Regulations shall be a default under the Lease.
{2095.0000/00101136; 2}
C-5
EXHIBIT D
OPERATING EXPENSES
This Exhibit is attached to and made a part of the Lease by and between PSBP Industrial, L.L.C., a Delaware
limited liability company ("Landlord") and City of Miami (."Tenant") for space in the Building located at
1. Operating Expenses. Tenant shall pay Tenant's Proportionate Share of the total amount' of Operating Expenses
(defined below) for each calendar year during the Term.
1.01 "Operating Expenses" as used in the Lease shall include at costs and expenses related to the
ownership, management, operation, maintenance, replacement, improvement and repair of the Premises, Building,
Project and/or Property, or any part thereof, incurred by Landlord including but not limited to: (a) Property supplies,
materials, labor, equipment, and tools; (b) Utility and Service Costs (as further described in Section 1.03 below), security,
janitorial, trash removal, and all applicable service and maintenance agreements.; (o) Property related legal, accounting,
and consulting fees, costs and expenses, including but not limited to the cost of contests of Real Property Taxes; (as
further described In Section 1.02 below); (d) Insurance Premiums for all policies deemed necessary by Landlord and/or its
lenders, and all deductible amounts under such policies '(as further described In Section 1.04 below).; (e) costs and
expenses of operating, maintaining, and repairing the Property, Including but not limited to all interior areas and also
driving, parking, loading, and other paved or unpaved areas (including but not limited to, resurfacing and striping and --any
snow and-i•ee-removal-Landlord elects to conduct), landscaped areas (including but not limited to, tree trimming), building
exteriors (including but not limited to, painting and roof repairs), signs and directories, and lighting; (f) (g) compensation
(Including but notlimited to, any payroll taxes, worker's compensation for employees, and customary employee benefits)
of all persons, including independent contractors, who perform duties, or render services on behalf of, or in connection
with the Property, or any part thereof, Including but not limited to, Property operations, maintenance, repair, and
rehabilitation; (h) Property management fees and the cost of providing space used by the Property manager; and O Real
Property Taxes.
1.02 "Real Property Taxes' shall include any fee, license fee, tax, levy, charge, or assessment (hereinafter
individually and/or collectively referred to as "Tax") imposed by any authority having the direct or indirect power to tax and
where such Tax is Imposed against the Property, or any part thereof, or Landlord in connection with its ownership or
operation of the Property, including but not limited to; (a) any Tax on rent or Tax against Landlord's business of leasing
the Property; (b) any Tax by any authority for services or maintenance provided to the Property, or any part thereof,
including but not limited to, fire protection, streets, sidewalks, and utilities; (c) any Tax on real estate or personal property
levied with respectto the Property, or any part thereof, and any fixtures and ,equipment and other property used in.
connection with the Property; (d) any Tax based upon a reassessment of the Property due to a change in ownership or
transfer of all or part of Landlord's Interest in the Property; and, (e) any Tax replacing, substituting for, or in addition to any
Tax previously Included in this definition. Real Property Taxes do not Include Landlord's federal or state net income
taxes.
1.03 "Utility and Service Costs" shall include all Landlord incurred utility and servlce costs and expenses
including but not limited to costs related to water and plumbing, electricity, gas, lighting, steam, sewer, waste disposal,
and HVAC, and all costs related to plumbing, mechanical, electrical, elevator, HVAC, and other systems.
1.04 "Insurance Premiums" shall include all insurance premiums 'for all insurance policies maintained by
Landlord from time to time related to the Property.
1.05 Throughout the Term, Tenant will pay as Additional Rent its Proportionate Share (of the Project, Property
and/or Building, as designated from time to time by Landlord) of Operating Expenses which will be equal to each calendar
year's total Operating Expenses multiplied by Tenant's Proportionate Share. Estimated payments shall be made monthly
on or before the first day of each calendar month each in the amount of Landlord's then current estimate as outlined
below. Tenant's Proportionate Share will be prorated for partial months.
1.0.6 Tenant's Proportionate Share of Operating Expenses shall be determined and paid as follows:
(a)
{209540000/00101156;2}
Tenant's Operating Expense estimates: As soon a$ Is practical following the end of each
calendar year, Landlord will provide Tenant with a determination of; (a) Tenant's annual share of
estimated Operating Expenses for the then current calendar year; (b) Tenant's monthly Operating
p-1
Expense, estimate for the then current and, /d Tenant's retroactive estimate correction
UU| the period mfJanuary Vtthrough the date Immediately h to the commencementdate
of Tenant's new monthly Operating Expense a\imate\ for the difference between Tenant's now
and previously billed monthly Operating Expense estimates for the then current year,
(b) Tenant's Proportionate Share of actual annual Operating Expenses: Each year. Landlord will
provide Tenant with a determination reflecting the total Operating BxpeOomo for the previous
calendar year, If the total of Tenant's Operating Expense estimates billed for the previous
calendar year are |msa than Tenant's Proportionate Share of the actual Operating Expenses., the
determination will |ndiooba the a t amount and date due. |fTenant has paid more than It
Proportionate Share of Operating Expenses for the preceding calendar year, Landlord will credit
the overpayment toward Tenant's future Operating Expense obligations, Monthly OperatIng
Expense estimates are due on the I't of each month and shall commence in the month specified
by Landlord. Tenant's retroactive estimate correction, and actual annual Operating Expense
charges, If any, shall be due, In full, on the date(s) specified by Landlord,
2. Unless Landlord otherwise elects, Tenant shall pay each Operating Expense In accordance with Tenant's
Proportionate Share of the Building or Tenant's Proportionate Share of the Project or the Property, whichever is
designated by Landlord, Tenant, within 00 days after receiving Landlord's determination of Operating Expenses, may
give Landlord written notice ("Review Notice") that Tenant intends to. review Landlord's records of the Operating
Expenses (excluding Real Property Tax) for the calendar year to which the. statement applies, Withla a reasonable time
after recelpt of the Review Notice, Landlord shall provide copies of all pertinent records that are reasonably necossary for
Tenant to conduct its review. If Tenant retains an agent to review Landlord's records, the agent: must be With a CPA firm
licensed to do business in the state where the Property Is located, Tenant shall be solely responsible for all costs,
expenses and fees incurred for the audit, Within 90 days after the records are made available to Tenant, Tenant shall
have the right to give Landlord written notice (an "Objection Notice") stating In reasonable detall any objection to
Landlord's statement of Operating Expenses for that year, If Tenant falls to give Landlord an Objection Notice within the
90-day period or falls to provide Landlord with aReview Notice within the 60-day period described above, Tenant shall be
deemed to have approved Landlord's determination of Operating Expenses and shall be barred from raising any claims
regarding Operating Expenses for that year. If Tenant provides Landlord with a timely Objection Notice, Landlord and
Tenant shall work together in good faith to resolve any Issues raised In Tenant's Objection Notice. If Landlord and Tenant
determine that Operating Expenses for the calendar year are less than reported, Landlord shall provide Tenant with a
credit against the next Installment of Tenant's Proportionate Share of Operating Expenses in the arnount of the
overpayment by Tenant.. Likewise, if Landlord and Tenant determine that Operating Expenses for the calendar year are
greater then reported, Tenant shall pay Landlord the amount of any underpayment within 30 days, N4�0 eveAt—sr4al-I.
p096-0000NN136;2�
|
EXHIBIT
SIGN CRITERIA
This Exhibit Is attached to and made a part of the Loeoo by and between PSBP lnduat,|m|. LL.C.' a Du|owonn
limited 1101111tv company ("Landlord") and City of Miami, ("Tenant") -for space In the Building located at
Each tenant is responsiblefo the written approval of aniginstalled at thetr i es by MICC/PS Business Parks
priorto submissionhoM1emi:-Dade[buntvand/OrOMvofDona|foraaignpormUandoriorto any fabrication orinstallation.
The cost of any fabrication and installation Is the responsiblilty of each tenant. Any signs not specifically covered within
these criteria shall besubmitted toN1|C[XPSBusiness Parks for wra|. The sole judge nfthe acceptability uf
any submission shall be MICCIPS Business Parks and Its architect or planner.
Approval by MICC/PS Business Parks in no way relieves the sign contractor ortenant from the responsibility obtaining
idyNioVd~DadeCou and/or -City of Dora] Building and Zoning sign permit, A copy of the approved permit must be
submitted to MICC/PS Business Parks prior to the commencement of any work on site.
All sig.nage that I*s to be repaired, replaced, painted, updated or newly constructed within the MICCIPS Business Parks
boundaries are subject to these criteria and must be submitted to MICC/PS Business Parks for written approval whether
the property owner or tenant is a new property owner or tenant, or whether they are an existing older property owner or
,tenant. Adherence to these criteria applies to both new and old property owners or tenants Within MICC,
N1|CO0z8Business Parks may from time totime, gttheir sole disoreUoV, modify orchange these guidelines |Rorder to
reflect changes etthodevelopment. MICC/PS Business Parks, as owner and association manager, shall be exempt from
these guidelines iDpuroul'nQthe best 1OtgnestsofK4|{}C.
A. INDUSTRIAL DOCK HEIGHT WAREHOUSE AND STANDARD
STREET LEVEL BUILDINGS:
Each site occupledby a single tenant industrial warehouse type of building will be: allowed a
primary user/tenant ID- sign on the building. elevation facing the street consisting of the
company name and corporate logo only. The. user/tenant's sign Must be located only within the
upper areas of the building in such a wayso as not to be unsightly and should not Interfere
with architectural details or features of the building,
2. For tenants withmulti-tenant industrial warehouseallowed
one primary tenant/user sign on the fagade of the building facing the right -a -way of the primary
street, The sign may contain the. company name and corporate logo only, centered in the
designated sign area of the specific building where the tenant Is occupying space, The tenant
sign must be located only within the upper areas -of the building in such a way so as not to, be
unsightly and should not Interfere with. the architectural details or features of the loWding,
8. All signagoohal|boeurfocemounted.non.-IUun,|natod|MdiWdua|lettemandohaUbo|000tednM
the building over or adjacent to the oDtrgnuo, where appl|oab|e. Building user/tenant 811gnaga
shall be a maximum of 80% of the width of wall space, located between -the architectural pilasters on the
building and no more then 3'-40" In 0YereU height. In no Instance shall the total o|Qn area exceed that allowed
under the Miami Dade County and/or City ofOnra|m|gnogecode, Where nVarchitectural pilasters or
features occur onthe building ad then omaximum width. ofi2'`8"may beused, for the sign area,
pmY|dedUhatam|n|Olumeetbonk-fro[noeohofthedonl|a|ngporUtionUnenof1-8"|arno|Otainednnnither
side ofthe sign.
4. The Maximum allowable height for Individual letters ornumbers Is18" for the height of the
uppercase characters, unless Improved inadvance byK4|OC/PSBusiness Parks for special
(2085�0000N001106;2)
circumstances.
5. Should a special circumstance or situation arise where a tenant has questions on how to best
display their sign or identity, MICC/PS Business Parks at their sole discretion may approve in
writing a variance to this criteria,
Methods -of fabrication for the primary tenant identity are listed below. (It consists of two
possible ways to manufacture non -illuminated signs as the primary user/tenant ID.)
a, Computer cutout aluminum, acrylic or sintra (PVC Board), 1" thick letters, painted, pin
mounted on spacers 1/2" off the face of the building.
(No lighted signs are permitted on warehouse buildings),
b. Non -illuminated reverse channel type letters, up to 3" thick with a stand off of a
minimum of 1/2".
c. Plaque signs or signs on a panel or background of any sort are prohibited.
7. Each tenant's space shall have a building standard postal ID number at the front entrance that
is visible from the street.
B, ALL SERVICE CENTER FLEX/OFFICE WAREHOUSE BUILDINGS (Building 1901)
1. All tenants are required to install a sign,
2. Unless otherwise noted, box or cabinet type signs are only type permitted (in these locations only). Cabinets
aro to be structurally constructed and anchored to comply with local code.
3. Cabinets are to be single face aluminum with bronze frame. Face to be 1/4" Lexan or Acrysteel
Plexi. Tenant has the option of either an illuminated or non -illuminated cabinet. If cabinet Is
illuminated, tenant must use six (6) day light type, high output fluorescent lamps.
4. All signs shall be 11' long by 3'-0" high. Tenant shall submit location sign face layout and sign
requests to MICC/PS Business Parks for written approval through proper procedures described
in these criteria,
C, ALL SHOWROOMS AND STREET LEVEL WAREHOUSES, (Buildings L, M, N and Buildings 3501, 3502, 3503)
1. Box or cabinet type or plaque type signs are not permitted.
2. Signs may be illuminated or non -illuminated.
3, Methods of fabrication for non -illuminated Sign Type A are shown In Exhibit C, (It consists
of two possible ways to manufacture non -illuminated signs as the primary user/tenant ID),
a. Computer cut-out aluminum, acrylic or sintra (PVC Board), 1" thick letters, painted,
pin -mounted on spacers 1/2" off the face of the building, (No lighted signs are
permitted on warehouse buildings),
b.. Non-illuminatedreverse channel type letters, up to 3" thick with a stand off of a minimum
of 1/2".
o, 12" maximum letter height only for Buildings M, N,. 3501 and 3503. For Buildings L
and 3502, the maximum height of the letters shall not exceed 24".
{2095-0000/00101136;2)
D-5
All details shown |nExhibit Cmust bafollowed bythe sign fabricator, Noexceptions Vr
substitutions will boallowed, Illuminated signs orletters are not permitted. Plaque signs
orsigns oO@panel orbackground ofany sort are prohibited.
4. Illuminated signs must be constructed of aluminum channels and bsoks to a depth
of4'1/2"-5" Interior illuminated vv|thDenn. Plastic faces to have m"JawUte" type
retainer nrexposed face edge typo construction, "Jow|ite" retainer, if utilized, must bopainted the same color
amthe return orside ofthe |ottarformn. Letter tobomaximum height of12"for
Buildings M, N, 3501 and 3503. For Buildings L and 3502, the maximum height of the letters shal'i not exceed
24!.(See exhibit A~5l.
O. All signs h UbeamaxhmVnO|en on Buildings L and 3502, and a maximumlength of1[YoO
Buildings yN, N, 3501 and 8601 Copy shall be centered on wall from garage door to expansion joint,
separating both tenants. First line ofcopy shall be18"from top cf wall.
0. Tenants taking double occupancy shall center signs between the two garage doors follow|nQ
the same criteria outlined above,
D. CENTERPO|NTAJM|CCBUILDINGS
1. All tenants are required to Install their sign on the freestanding, monument outlined in Exhibit A-9
and A-10 herein.
2. Sign is to be double-faced and made to the dimensions, size, position, location on site, and colors 8m
specified In Exhibit A-10.
3. Sign shall be6'-O"-tell xO'-O"wide per design 'in Exhibit 4r1O. Text nnsign cannot exceed i2"inoverall
capital letters height.
4. Care should be taken when using the company logo or brand identity to ensure compatibility with the sign and
shape of. the sign panel,
5. Basic sign colors are to be as specified In Exhibit A-1 0, Text and logo colors may be per company standards.
6. All text and logos are to be applied to the sign panel byusing computer printed vinyl die -out letters and
graphics,
7. The postal ID number of the tenant's space must appear at the bottom of the sign In the location, size, type
font, and color indicated in Exhibits A-9 and. Awl 0,
8. All signsor non -illuminated.
ESPECIFIC PROHIBITIONS
Note: A8yN|COisoOexisting center, signs that -exist as of January 01, 2004 will be considered to be grandfathered
into this criteria, However, |nthe event of any changes, repairs, painting ornew oonmtrundonnfsigns that
occur within the borders of MICC/PS Business Parks after this criteria Is In effect, August 1, 2004, need to be done
incompliance with these criteria.
Non -conforming signs located on properties within MICC but not owned by MICC/PS Business Parks
will be considered grandfathered in,
Non�onforrnlng signs located on properties owned by MICC/PS Business Parks shall be required to
(2095-0000/00101186; 2)
comply with these criteria,
If any circumstances arise which conflict with these criteria then they should be submitted to MICC/PS
Business Parks' management team at the Management Office located at821ONYY14Street, Miami, Florida,
305,500.1515. Doo(o|onarnadebyK4|CC/P8Business Parks nOsubmissions for exceptions and/or variances tn
these criteria are made onaone byone basis. The sole judge nfacceptability shall beN1|G{XPSBusiness Parks'
management team. All decisions are final,
1. Examples ufsign types orsign Oomponontsthat will not be. permitted are as follows:
2, Moving or rotating signs, or signs with moving or flashing lights, strobes, light races, eta.
3,, Signs pal'nted or attached on a background, or plaques of any material that. 18 then attached to a
building, (plywood, etc,),
4. Signs employing exposed raceways, ballast boXon. or transformers.
5. Signs employing surface jumping ofwires orneon tubes between letters orwords on
sign panels ornnbuilding woUet
0. Signs exhibiting the names, stamps or decals of the sign manufacturer or installer in such a way
anbzbeoverly visible (with the exception |frequired byMiami Dade County and/or City nfDora|
7. Signs nfbox crcabinet employing luminous plastic panels (light boXhypeak1nsd.DExnmptan
specifically allowed, BuUd*fng10O11.
8. Signs employing luminous ornon-luminous vacuum formed type plastic letters (whether cmsign panels oron
& Cloth, wood paper or cardboard signs, stickers, decals mtemporary painted signs around or
pnexterior surfaces (d000.and/or glass) o[the dem|aodpremises.
10. Signs that are permanently sandblasted onto the glass windows ordoors of
the building, (Simulated etched glass by use of3[0 v|ON etch -mark film is
11. Signs employing the use ofany sound urnoise making devices orcomponents,
12.Signs, letters, symbols, oridentification ofany nature painted directly onexterior masonry walls
of the dem'Ised premises.
13. Signs ufa temporary oharmuten0rpurpnaa.|rre0000iveaftheoompositionnrmoh»Mo|nfthnuiyO.
14. Outrigger signs, signs, roof top signs, or parapet signs,
16. Signs on any vehicle, trailer, etc,, permanently parked so as to attract attention to, a place of
business.
18. Any permanent or temporary advertising device using a hot air balloon or any aerial device,
illuminated ornnn^U|Vm|nndGd,shall beprohibited.
17. U[uUl|nmtad ovvn|nQa
18. Flags, banners, pennant,atroamons,arepmh|bKodexooptthoaaflagamfthoU.S~4.`Sbah»ofFlndda
or Miami -Dade County displayed in anappropriate way,
F. REMOVAL UPON VACATION OF PREMISES
Any property owner, business owner and/or lessee's identification signs advertising a commodity or service
associated with a premise shall be removed from the premises by the lessee not later than the expiration date of the
lease or from the date the premises are vacated, and/or such activity has ceased to exist on the premises.
Signs that are abandoned or not removed within the appropriate period will be removed by MICC/PS Business
Parks at the tenant's expense,
G. ELECTRICAL WORK
a. Ail electrical work shall be in accordance with the requirements of all applicable Miami -Dade
County and/or City of Doral building codes, as well as the applicable Electric Code and is the
responsibility of each tenant, site owner or developer.
b. The tenant is responsible for all parapet, wall or roof membrane penetrations for the tenant's
signs which occur either during sign installation or sign removal, and is responsible to re -seal and
water proof any suchpenetrations to the satisfaction of MICC/PS Business Parks.
H. PROCEDURES
1, Any sign lawfully existing as of January 01, 2004 will be subject to the following conditions and
restrictions.
a. If the sign Is repaired or replaced or structurally altered in any way where the repairs
constitute more than 49% of the initial value of the sign then said sign shall be made to
comply with these regulations. This provision shall not prevent the routine maintenance
or repair of existing signs.
2. Approval of a sign by MICC/PS Business Parks in no way relieves the tenant of the responsibility
of obtaining a valid sign permit through the normal permitting prooedures of the Miami•Dade
County and/or City of Doral Building and Zoning Department.
3, Tenant must submit for MICC's/PS Business Parks written approval the following plans and specifications
prior to beginning any work on any signage for their site,
a, Two copies showing elevation drawings of any and all signs, (as an Individual sign or as a
sign program), to a scale of 1/2"=1'-0" showing complete sign elevations, colors, and
dimensions of each sign.
b, Two copies of a scaled drawing at 1/4"=1'-0" scale showing the complete elevation of the
building or buildings where the sign is located indicating the following;
i. Location of sign, actual typography of sign, colors, and size of logo and/or lettering
to scale,
{20996-0000/00101136; 2}
D.8
�
|
�
! IL Aceourate scale drawing nfthe Individual sign Vrsigns shown et1/2"=14O" scale,
footage of sign, and applicable logo colors, materials, etc.
|U. A location site plan showing the location of any or all signs Indicating all buildings.
K\ Amtructunal drawing signedand sealed byeFlorida licensed engineer atan
appropriate scale meeting the South Florida and Miami Dade County and/or City of
Doral Building and Zoning requirements and hurricane wind load requirements,
f16Omph'for one hour) .
p0e5*000/0001136;2