HomeMy WebLinkAboutExhibit BEXHIBIT "B"
LEASE AGREEMENT
Between Miami -Dade County, a political
subdivision of the State of Florida ("Landlord"),
and the City of Miami, a municipal corporation
of the State of Florida located at 1897 N.W. 20th
Street, Miami, Florida 33142
LEASE AGREEMENT
THIS LEASE AGREEMENT ("Lease"), is being entered into and made effective this day of
, 20_ ("Effective Date"), between Miami -Dade County, a political subdivision of the State of
Florida ("Landlord"), and the City of Miami, a municipal corporation of the State of Florida ("Tenant"), by which
Landlord does this day lease unto Tenant, and Tenant does hereby lease from Landlord, the real property consisting of
approximately two thousand eight hundred eighty two (2,882) square feet of air conditioned space, located at 1897 N.W.
201+1 Street, specifically the southside section, Miami, Florida 33142 (Folio No.: 01-3127-043-0370), as shown on the
attached Exhibit A ("Premises"), for the initial term of five (5) years, so long as Tenant, at all times, remains in compliance
with this Lease.
PART I
BASIC LEASE PROVISIONS
The following sets forth basic data hereinafter referred to in this Lease, and where appropriate, constitute
definitions of the terms hereinafter listed:
A. TENANT:
City of Miami, a municipal corporation of the State of Florida
B. TENANT'S TRADE NAME:
Neighborhood Enhancement Team (NET),
C. LANDLORD:
Miami -Dade County, a political subdivision of the State of Florida
D. PRESENT NOTICES, RENT
PAYMENTS AND MAILING
ADDRESS OF LANDLORD:
Internal Services Department
Real Estate Development Division
111 N.W. First Street, Suite 2460
Miami, Florida 33128
E. PREMISES, ADDRESS, AND FOLIO
NUMBER:
1897 N.W. 20" Street, Miami, Florida 33142 consisting of approximately
2,882 square feet, (of the building's8,074 total square feet) on the southside
section of the building. Folio Number: 01-3127-043-0370.
F. MAILING ADDRESS OF TENANT:
City of Miami/ Department of Real Estate and Asset Management
444 S.W. 2" Avenue, 31'i3 Floor
Miami, Florida 33130
G. INITIAL TERM:
The initial term of this Lease is for five (5) years.
H. EFFECTIVE DATE:
The "Effective Date" shall be on the day of execution of the Lease by all
parties involved, which is conditioned upon approval by the City of Miami
City Commission and the Miami -Dade County Board of Commissioners. The
date on which this Lease becomes effective as provided herein is called the
"Effective Date." The Effective Date shall expire five (5) years from the
"Rent Commencement Date," as described herein, unless extended pursuant
to Section I. If extended per Section 1, the Lease would expire ten (10) years
after the initial term of five (5) years, or fifteen (15) years after the "Rent
Commencement Date."(the "Expiration Date").
I. OPTIONS TO RENEW:
Tenant shall have two (2) five (5) year options to renew this Lease in
accordance with the terms contained herein, and such option to renew shall
hereinafter be referred to as an "Option Period."
J. ANNUAL BASE RENT:
$1.00 annually beginning on the "Rent Commencement Date."
K. MONTHLY RENT:
The Tenant shall pay the Landlord, beginning on the Rent Commencement
Date, the annual amount of $1.00 which shall be paid annually. The Annual
Base Rent shall remained fixed for the term of the Lease, inclusive of the
Option Period.
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L. RENT COMMENCEMENT DATE
Commencement of the Annual Base Rent shall begin within ten (10) days of
the Possession Date, as defined herein, and then be paid annually by the
Tenant on the first anniversary date of the Possession Date each year during
the Term of this Lease, inclusive of any Option Period.
M. POSSESSION DATE
Landlord shall deliver possession of the Lease Premises to Tenant and Tenant
shall take possession thereof, subject to Force Majeure delays, upon
execution of the Possession Date Certificate in the form of the certificate
attached hereto as Exhibit "D," which is conditioned upon completion of the
"Scope of Work," incorporated herein as Exhibit "C" and in accordance with
the terms contained herein.
N. OPERATING EXPENSES:
Tenant, at its sole cost, shall'` provide cleaning services for the Premises.
Tenant shall pay for all telephone and/or data related services Tenant may
require including the installation of any necessary lines and equipment.
Tenant, at its sole cost and expense, shall hire a pest control company, as
needed, to insure that the Premises will at all times be in a clean and sanitary
condition and free from vermin.
O. RENT INCREASES:
N/A
Landlord and Tenant agree to execute a Possession Date Certificate in the
form of the certificate attached hereto as Exhibit "D."
P. POSSESSTION DATE CERTIFICATE
Q. RENT PAYMENT ADDRESS:
Internal Services Department, Real Estate Development Division
111 N.W. First Street, Suite 2460, Miami, Florida 33128
Attn: Accounts Receivable
R. SECURITY DEPOSIT:
N/A
S. PERMITTED USE:
Tenant shall utilize the Premises to operate the City of Miami Neighborhood
Enhancement Team (NET) Office and provide related services, to help its
residents, businesses, and property owners access city, county, and federal
government services.
T. UTILITIES
All utility services for the Premises shall be placed in the name of Landlord,
and shall be fully paid for by the Landlord, excluding, any telephone and
data related services Tenant may require, which shall be placed in the name
of and fully paid for by the Tenant.
This Lease consists of the foregoing introductory paragraphs, constituting the Basic Lease Provisions (consisting of
paragraphs A through S), along with Exhibit A, all of which are incorporated herein by this reference. In the event of
any conflict between the information contained in the Basic Lease Provisions, and the language in the Standard Lease
Provisions, which follow, the Standard Lease Provisions shall control.
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STANDARD LEASE PROVISIONS
PART II
TERMS AND CONDITIONS
SECTION 1. DESCRIPTION OF PREMISES: The Landlord
hereby leases to Tenant, and the Tenant hereby rents from
the Landlord the following:
A portion of the building located at 1897 N.W. 201 h Street,
Miami, Florida, consisting of a total of approximately two
thousand eight hundred and eighty two (2,882) square feet
("Premises"). The Premises is depicted on the attached
diagram, marked, Exhibit "A" and incorporated herein by
reference.
Landlord and Tenant agree that the foregoing square
footage is only an approximation of size, as the Premises
has not been duly measured by the Landlord. Further, the
Tenant is fully aware of the size of the Premises and has
determined that it is sufficiently suited for its intended
purposes. Landlord agrees that the Tenant shall be
provided with six (6) assigned parking spaces at the parking
lot adjacent to the west of the subject Premises, located at
1908 NW 21 ST Miami, FL 33142-7314, Folio: 01-3127-043-
0230. From time to time, Tenant may use the remaining
available parking spaces to accommodate staff and visitors
to the Premises.
The Premises is being Leased without furniture, fixtures or
equipment.
SECTION 2. ANNUAL BASE RENT: Tenant shall lease the
Premises at and for the agreed upon amount of One Dollar
and No Cents ($1.00) per year. The Annual Base Rent is
sometimes referred to herein as "Rent."
Tenant shall pay the initial payment of the Annual Base
Rent within ten (10) days of the Possession Date. Tenant
hereby agrees that it shall remit to Landlord all payments
for the Annual Base Rent on or before the first anniversary
of the Possession Date, throughout the Term, and during
the Option Period, without demand, setoff or deduction at
the Rent Payment Address, or mailing address of the
Landlord listed in the Basic Lease Provisions as outlined on
page one (1), or at such other place and to such other person,
as Landlord may from time to time designate in writing.
SECTION 3. TERM: The term of this Lease shall commence
on the Possession Date, and Landlord and Tenant agree
that this Lease is scheduled to terminate five (5) years
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thereafter (hereinafter "Expiration Date"). Landlord and
Tenant shall execute a "Possession Date Certificate,"
identifying the Possession Date, Rent Commencement
Date, and the Expiration Date of this Lease.
Further, either party, be it the Landlord through its County
Mayor or his/her authorized designee, or the Tenant
through its City Manager or his/her authorized designee,
shall have - the right to cancel this Lease at any time,
without cause or reason, by giving one hundred eighty (180)
days written notice to the non -canceling party prior to the
effective date of the cancellation ("Effective Cancellation
Date"). Upon the, Effective Cancellation Date, the Parties
shall be relieved from, any further obligations under this
Lease except for those specifically stated to survive the
expiration or termination of this Lease. This clause shall
survive the termination or cancellation of this Lease.
This Lease shall terminate on the Expiration Date, or at the
end of any extension or renewal thereof, as defined below,
without the necessity of any notice from either the
Landlord or the Tenant to terminate the same, and Tenant
hereby waives notice to vacate or quit the Premises and
agrees that Landlord shall be entitled the benefit of all
provisions of law with respect to the summary recovery of
possession of the Premises from a Tenant holding over to
the same extent as if statutory notice had been given.
If Tenant shall be in possession of the Premises after the
Expiration Date, then, in accordance with Section 5,
Holdover, in the absence of any agreement extending the
term hereof, the tenancy under this Lease shall be deemed
to be in holdover, and on a month -to -month tenancy,
terminable by either party on thirty (30) days prior written
notice. Such month -to -month tenancy shall be subject to
all of the covenants, conditions, provisions, restrictions and
obligations of this Lease
SECTION 4. OPTION TO RENEW: Provided this Lease is
not otherwise in default and subject to the provisions
hereinafter set forth, the Tenant has the option to extend
the Term of this Lease for two (2) additional five (5) year
renewal periods, on the same terms, conditions, and
provisions as contained in this Lease, upon the same terms
and conditions contained in the Lease provided the Tenant
complies with the following condition:
(a) The Tenant has delivered written notice of its
request to extend the Lease three (3) months in
advance of the expiration of the Initial Term, but
not earlier than six (6) months prior to the
expiration of the Initial Term.
SECTION 5. HOLDOVER: In the event Tenant remains in
possession of the Area after the expiration of the Lease
Term, Tenant, at the option of Landlord, shall be deemed
to be occupying the Premises as a Tenant at sufferance.
Such tenancy shall be subject to all the other conditions,
provisions and obligations of this Lease. Tenant's
obligation to pay any rents or sums provided in this Lease
shall survive the expiration or earlier termination of this
Lease.
SECTION 6. OPERATING EXPENSES: Tenant, at its sole
cost, shall provide cleaning services for the Premises.
Tenant shall pay for all telephone services and/or data
related service Tenant may require including the
installation of any necessary lines and equipment. Tenant,
at its sole cost and expense, shall hire a pest control
company, as needed, to insure that the Area will at all times
be in a clean and sanitary condition and free from vermin.
SECTION 7. PERMITTED USE: It is hereby understood
and agreed that the Premises is to be utilized by the Tenant
to operate the City of Miami Neighborhood Enhancement
Team (NET) Office and related services, to help its
residents, businesses, and property owners access city,
county, and federal government services. The NET Office
provides information on City of Miami services and
programs (i.e., housing, economic development, social
programs and public' improvements). The NET Office also
serves as a liaison between the City ' of Miami and its
neighborhood and homeowner associations. Any violation
of the agreed use, or any type of disturbance or interference
with any other adjacent or nearby landowner or tenant,
including any business and/or governmental entity, will be
a violation of this Lease. Any violation related to the
permitted use of the Premises, as described herein, will be
grounds for termination of this Lease, and the Premises will
transfer back to the Landlord, pursuant to Florida Statutes
Section 125.38, and Miami -Dade County Resolution No.:
R-461-13. Further, the Landlord shall retain the right at
its sole option to terminate this Lease, or to pursue any
other remedy at law or equity. Subject to the limitations
and provisions as set forth in Section 768.28, Florida
Statutes, Tenant shall indemnify Landlord for any losses,
damages, and/or injury caused by Tenant's violation of this
Permitted Use clause.
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SECTION 8. ASSIGNMENT: Except as expressly provided
herein, Tenant shall neither mortgage, pledge, encumber,
nor assign this Lease (which term, without limitation, shall
include the granting of concessions, licenses, and the like)
the Premises, or any part thereof, without the Landlord's
prior written consent, which may not be reasonably
withheld at Landlord's discretion Further, the Tenant
acknowledges and hereby agrees that any assignment
and/or sublease must be to a governmental and/or a non-
profit entity, and meeting the requirements of Section
125.38, Florida' Statutes.
SECTION`:9. TENANT'S RESPONSIBILITIES; PERSONAL
PROPERTY: Tenant agrees to use and occupy the Premises
at its own risk; and that, except for the gross negligence or
willful misconduct of Landlord and/or Landlord's
employees, vendors, contractors and/or agents, Landlord
shall have no responsibility or liability for any loss of or
damage to Tenant, Tenant's leasehold improvements or to
equipment, furniture, fixtures, or to the personal property
of Tenant, or those claiming by, through or under Tenant.
The provisions of this Section shall apply during the whole
of the Term hereof, including the Option Period.
SECTION 10. COMPLIANCE WITH LAWS;
GOVERNMENTAL APPROVALS: Tenant shall comply
with any and all statutes, ordinances, rules, orders,
regulations and requirements of any applicable federal,
state, county, and city government, if applicable, and of
any and all governmental agencies, departments, and
bureaus including any taxing authority and/or utility; and
the Tenant shall also promptly comply with all rules, orders
and regulations of the applicable fire prevention codes for
the prevention of fires, all the foregoing at Tenant's own
cost and expense.
LANDLORD, AT LANDLORD'S SOLE EXPENSE,
SHALL BE RESPONSIBLE FOR PROMPTLY
OBTAINING ANY PERMIT, LICENSE, SERVICE,
ARCHITECTURAL PLANS AND/OR CERTIFICATES
OF OCCUPANCY NECESSARY FOR THE
CONSTRUCTION AND/OR OPERATIONS OF THE
PREMISES.
SECTION 11. SOVEREIGN PREROGATIVES: It is
expressly understood that notwithstanding any provision
of this Lease and the Landlord's status thereunder:
The Landlord retains all of its sovereign prerogatives and
rights and regulatory authority as a county under Florida
laws and shall in no way be estopped from withholding or
refusing to issue any approvals of applications for building,
zoning, planning, or development under present or future
laws and regulations of whatever nature applicable to the
planning, design, construction, and development of the
Premises or the operation thereof, or be liable for the same;
and the Landlord shall not by virtue of this Lease be
obligated to grant the Tenant any approvals of applications
for building, zoning, planning, or development under
present or future laws and ordinances of whatever nature
applicable to the planning, design, improvement, repair,
restoration, construction, and/or operation of the Premises.
No Liability for Exercise of Police Power
Notwithstanding and prevailing over any contrary
provision in this Lease, or any Landlord covenant or
obligation that may be contained in this Lease, or any
implied or perceived duty or obligation including, but not
limited to the following:
(a) To cooperate with, or provide good faith, diligent,
reasonable or other similar efforts to assist the Tenant,
regardless of the purpose required for such cooperation;
(b) To execute documents or give approvals,
regardless of the purpose required for such execution or
approvals;
(c)
To apply for or assist the Tenant in applying for
any county, city or third party permit or needed approval;
or
(d) To contest, defend against, or assist the Tenant in
contesting or defending against any challenge of any
nature;
shall not bind the Miami -Dade County Board of County
Commissioners, or the Regulatory and Economic Resources
Department, or any division thereof, or any other county,
city, federal, or state department or authority, committee,
or agency to grant or leave in effect any zoning changes,
variances, permits, waivers, contract amendments, or any
other approvals that may be granted, withheld or revoked
in the discretion of the Landlord or any other applicable
governmental agencies in the exercise of its police power;
and, subject to the limitations and provisions as set forth in
Section 768.28, Florida Statutes, the Landlord shall be
released and held harmless, by the Tenant from and against
any liability, responsibility, claims, or losses to the Tenant
or to any third parties resulting from denial, withholding or
revocation (in whole or in part) of any zoning or other
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changes, variances, permits, waivers, amendments, or
approvals of any kind or nature whatsoever. Without
limiting the foregoing, the parties recognize that the
approval of any building permit and/or certificate of
occupancy will require the Landlord to exercise its quasi-
judicial or police powers. Notwithstanding any other
provision of this Lease, the Landlord shall have no
obligation to approve, in whole or in part, any application
for any type of permit, license, zoning or any other type of
matter requiring government approval or waiver. The
Landlord's obligation to use reasonable good faith efforts in
the permitting of the use of Premises shall not extend to any
exercise of -quasi-judicial or police powers, and shall be
limited solely to ministerial actions, including the timely
acceptance and processing of any requests or inquiries by
Tenant as authorized by this Lease. Moreover, in no event
shall a failure of the Landlord to adopt any of the Tenant's
request or application for any type of permit, license, zoning
or any other type of matter requiring government approval
or waiver be construed a breach or default of this Lease.
SECTION 12. ABANDONMENT: If Tenant shall fail to
occupy, or abandon, or vacate the Premises before the end
of the Term of this Lease, except in the event Tenant elects
to close the Premises temporarily for the purpose of
remodeling same for no more than thirty (30) days (or such
longer period upon prior written permission of Landlord),
or shall suffer the Rent to be in arrears, Landlord may, at
its option, forthwith cancel this Lease and/or enter the
Premises as the agent of Tenant, without being liable in any
way therefore, and re -let the Premises with or without any
furniture, fixtures, and equipment that may be therein, as
the agent of Tenant, at such price and upon such terms and
for such duration of time as Landlord may determine, and
receive the Rent therefore (without any compensation to
Tenant) applying the same to the payment of Rent due by
this Lease, and if the full Rent shall not be realized by
Landlord over and above the expenses to Landlord in such
re -letting, the said Tenant shall pay any deficiency.
Landlord shall not be liable to Tenant in the event of any
excess. Notwithstanding Tenant's abandonment or
Landlord's acceptance thereof, Tenant shall be responsible
to satisfy any and all covenants and obligations due to
Landlord under the terms of this Lease.
SECTION 13. COLLECTION AND LANDLORD'S
EXPENSES: The parties hereby agree to pay for their own
costs of collections, attorneys' fees, and other disbursements
incurred by either party in the event of any breach of this
Lease.
SECTION 14. UTILITIES: Landlord is responsible for any
and all charges for all utilities, including but not limited to
electricity and water . The Tenant shall be responsible for
the installation, maintenance, and cost associated with the
telephone and/or data services, as applicable, consumed in
and about the Premises, and for all licenses and permits for
same.
SECTION 15. INTENTIONALLY OMITTED
SECTION 16. LANDLORD'S ACCESS: Landlord, and/or its
employees, shall have the right to enter the Premises during
all reasonable hours, and with reasonable prior notice
(except in the event of emergency), and without materially
interfering with the conduct of Tenant's business, to
examine the same to make reasonable inspections, repairs,
additions or alterations as may be deemed necessary for the
safety, comfort, or preservation thereof, and to make
certain that the Premises is being used in accordance with
this Lease, or to exhibit the Premises, and to put or keep
upon the doors or windows thereof a notice "for rent", "for
lease" or "available" at any time within four; (4) months
before the expiration of this Lease. The right of entry shall
likewise exist for the purpose of removing placards, signs,
fixtures, alterations, or additions, which do not conform to
this Lease, or to the rules and regulations of the Premises.
Landlord shall make reasonable efforts -to minimize
disruption of Tenant's business, activities. In the event of
an emergency, the Landlord, and/or its employees, shall
have the right to immediately gain entry into the Premises
without any prior notice and/or warning; to the Tenant.
SECTION 17. CONDITION OF PREMISES: Tenant, at its sole
costs and expense, shall be responsible for the installation of
any and all phone lines and conduit for phone lines as well as
cable television utility lines, for its own use, in and to the
Premises
SECTION 18. MAINTENANCE ANI2 REPAM: Tenant agrees
to maintain and keep in good repair, condition, and
appearance, during the Term of this Lease, or any extension
or renewal thereof, at its sole cost and expense any item or
property in need of maintenance within the four (4) walls of
the Premises. Tenant shall be responsible for keeping the
Premises safe and free of any health hazard. Landlord shall
be responsible for the maintenance, repair, and replacement
of structural components of the building, including but not
limited to floor slab, windows (including any damage
caused by leaks), roof; electrical system; plumbing within
the space, restrooms; HVAC system; restroom fixtures and
equipment; lighting systems.
In regards to the general maintenance and occupancy of the
Premises, within the four walls of same, Tenant will at its
expense: (a) maintain the Premises in a clean, orderly and
sanitary condition and free of insects, rodents, vermin and
other pests; (b) keep any garbage, trash, rubbish and/or
other refuse in safe containers that do not encourage the
existence of vermin; (c) cause to have such garbage, trash,
rubbish, and refuse removed on a daily, weekly, or as
needed basis to ensure cleanliness; (d) keep all mechanical
equipment apparatus free of vibration and noise which may
be transmitted beyond the Premises and/or which could
disturb adjacent landowners, and/or tenants; (e) prevent
any objectionable odors to emanate or to be dispelled from
the Premises; (f) comply with and observe all rules and
regulations established by the Landlord from time to time
which to the Premises; and (g) conduct its operation in all
respects in a dignified manner in accordance with the high
standards of other similar organizations.
SECTION 19. LANDLORD RENOVATIONS: Landlord
agrees to effect the renovation of the Premises in order to
make the Premises more suitable for Tenant's business
operations. '`Landlord shall complete the interior of the
Premises to the extent stated in Exhibit "C" hereinafter.
Any improvements within the Premises not specified
herein, however required to comply with laws, ordinances,
regulations, or codes of any legally constituted authority
that may have authority over its use of the Premises,
including any ordinances or requirements for handicapped
access leased to, from, or inside of the Premises shall be
completed by Landlord and shall be at the Landlord's sole
expense. In connection therewith and notwithstanding
anything to the contrary in this Lease, Landlord will not
require Tenant to restore any portion of the Premises to its
condition prior to such Buildout.
Landlord understands and agrees to procure any and all
construction and any and all trades services in strict
compliance with Section 255.20, Florida Statutes.
TENANT HEREBY AGREES THAT IT SIIALL NOT
MAKE, OR CAUSE TO BE MADE, WITHOUT
LANDLORD'S PRIOR WRITTEN APPROVAL, ANY
CONSTRUCTION, ALTERATION, ADDITIONS,
AND/OR STRUCTURAL MODIFICATIONS TO THE
PREMISES.
Tenant and/or its employees, shall have the right to enter
the Premises during all reasonable hours, in coordination
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with Landlord, to examine the construction, alterations,
additions, and/or structural improvements of the Premises,
as may be underway. Prior to commencing with
construction the Landlord covenants and agrees to obtain
all necessary permits, licenses, and approvals as required by
the Landlord's Internal Services Department, Community
Action and Human Services Department, Regulatory and
Economic Resources Department, the State of Florida,
local _ Fire Department and any local municipality as
applicable, and that all alterations and improvements shall
be in conformance with all applicable laws, including
Section 255.05 of the Florida Statutes. All additions,
fixtures, or improvements shall be and remain part of the
Premises at the expiration of this Lease or any extension
thereof. Upon completion of any construction, alterations,
additions, and/or structural improvements, the Landlord
shall promptly deliver a copy of its Certificate of Occupancy
to the Tenant, and in no event later than ten (10) days
following Landlord's receipt thereof.
All work in the Premises will be performed in a good and
workman like manner and by a licensed general contractor
under the guidelines of the applicable building codes and in
compliance with all applicable governmental regulations.
Such general contractor shall be approved and selected by
Landlord prior to the commencement of any work in the
Premises.
Landlord shall promptly pay all persons or entities
furnishing labor and material with respect to any work
performed by its contractor on or about the Premises, and
shall obtain and deliver to Tenant "releases" or waivers of
hens from all parties doing work on or about the Premises,
along with an affidavit from Landlord stating that all bills
have been paid with regard to such work and that there are
no outstanding obligations owed with respect to any such
work performed on the Premises.
Landlord acknowledges and agrees that any improvements
to the Premises, and as a result of such improvements it is
determined by a governmental entity that further
improvements to the Premises are necessary in order to
comply with the American with Disabilities Act (and
related state and local laws and regulations), then the
Landlord shall be solely responsible for making such
improvements to ensure that the Premises complies with
the American with Disabilities Act, along with any and all
amendments, and/or additions, as well as with any and all
Florida accessibility requirements, including, but not
limited to, the Florida Americans with Disability
Accessibility Implementation Act, including Sections
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553.501-553.513, Florida Statutes, and shall immediately
bring the physical components of the Premises into
compliance.
All leasehold improvements installed on or about the
Premises at any time, whether by or on behalf of the Tenant
or by or on behalf of Landlord, shall not be removed from
the Premises at any time, unless removal is consented to in
advance, in writing, by Landlord; and at the expiration of
this Lease (either on the termination date, or any extension
or renewal thereof, or upon such earlier termination or
cancellation as provided for in this Lease), all such leasehold
improvements (fixtures) shall be deemed to be part of the
Premises, and shall not be removed by Tenant when it
vacates the Premises, and title thereto shall vest solely in
the Landlord.
Should the Tenant- bring and/or add any additional
furniture and/or equipment to the Premises, which personal
property can be removed without damage to the Premises,
such shall remain the Tenant's property and may be
removed from the Premises, in accordance with the terms
and conditions of this Lease, upon the Expiration
Date.
SECTION 20. LANDLORD NOT RESPONSIBLE FOR ACTS
OF OTHERS: Landlord shall not be responsible or liable to
Tenant, or to those claiming by, through or under Tenant,
for loss or damage which may be occasioned by or through
the acts or omissions of persons coming onto the Premises,
including but not limited to invitees, trespassers, and/or
licensees for any loss or damage resulting to Tenant, or
those claiming by, through or under Tenant, for themselves
and/or their personal property, from actions or activity by
such person(s), including, but not limited to, such actions or
activity which is the direct or indirect cause of any lack of
security, insufficient safety measures, failure to provide
adequate or sufficient warnings, precautions, and/or
inadequate protection to the Premises, the Tenant, or
anyone claiming by, through or under the Tenant. To the
maximum extent permitted by law, the Tenant agrees to
use and occupy the Premises at Tenant's own risk. Tenant
shall secure, maintain, and utilize security personnel, at its
sole cost and expense, as it deems necessary to protect the
Tenant, its guests, employees, licensees, and/or the
Premises.
SECTION 21. BANKRUPTCY: If Tenant shall become a
debtor under the bankruptcy code then, to the extent that
the bankruptcy code may be applicable or affect the
provisions of this Lease, the following provisions shall also
be applicable. If the trustee or debtor in possession shall fail
to elect to assume this Lease within sixty (60) days after the
filing of the petition (or such other minimum time as
required by any applicable law), this Lease shall, at
Landlord's option, be deemed to have been rejected and
Landlord shall be thereafter immediately entitled to
possession of the Premises and this Lease shall be
terminated subject to and in accordance with the provisions
of this Lease and of law (including such provisions for
damages and acceleration). No election to assume (and, if
applicable, to assign) this Lease by the trustee or debtor in
possession shall be permitted or effective unless:
(i) all defaults of Tenant shall have been
cured and Landlord shall have been provided with adequate
assurances reasonably satisfactory to Landlord, including
(a) any reasonably required guaranties and/orsecurity
deposits, and (b) any other reasonably required assurances
that there will continue to be sufficient funds and personnel
available to professionally staff and operate the Premises in
strict compliance with all provisions of this Lease; and
(ii) neither such assumption nor the
operation of the Premises subsequent thereto shall, in
Landlord's judgment, cause or result in any breach or other
violation of any provision of this or any applicable lease,
mortgage or other contract; and
(iii) the assumption and, if applicable, the
assignment of this Lease, has been ratified and approved by
order of such court or courts as have final jurisdiction over
the bankruptcy code and the case; and (iv) the assignment`
must be to a governmental entity or to a not -for -profit
entity in accordance with Section 125.38, Florida Statutes.
No assignment of this Lease by the trustee or debtor in
possession shall be permitted or effective > unless the
proposed assignee likewise shall have satisfied (i), (ii), (iii),
and
(iv) of the preceding paragraph and any
such assignment, shall, without limitation, be subject to the
provisions of this Section. ' When pursuant to the
bankruptcy code the trustee or debtor in possession is
obligated to pay reasonable use and occupancy charges,
such charges shall not be less than the Rent, Operating
Expenses, along with other charges specified in this Lease
to be payable by Tenant. Neither Tenant's interest or estate
in the Premises herein or created hereby, nor any lesser
interest or estate of Tenant, shall pass to anyone under any
law of any state or jurisdiction without the prior written
consent of Landlord. In no event shall this Lease, if the
Term hereof has expired or has been terminated in
accordance with the provisions of this Lease, be revived,
and no stay or other proceedings shall nullify, postpone or
otherwise affect the expiration or earlier termination of the
8
Term of this Lease pursuant to the provisions of this Section
or prevent Landlord from regaining possession of the
Premises thereupon in the event of a bankruptcy.
Notwithstanding the foregoing, Landlord may elect to
accept Rent from a receiver, trustee, or other judicial officer
during the Term of their occupancy in their fiduciary
capacity without affecting Landlord's rights as contained in
this Lease, but no receiver, trustee or other judicial officer
shall ever have any right, title, or interest in or to the above
described property by virtue of this Lease. Landlord shall
also be granted immediate relief from any applicable
automatic stay to seek eviction or other remedies or shall
likewise be entitled to obtain an order authorizing a
rejection of the Lease at Landlord's option which may limit
Tenant from, maintaining possession of the Premises,
notwithstanding the institution of bankruptcy. In the event
Landlord is required to exercise any rights under this
Section, Tenant agrees to immediately consent to any and
all of the relief requested by Landlord.
SECTION 22. ACCORD AND SATISFACTION: No payment
by Tenant, or receipt by Landlord, of a lesser amount than
the Rent due hereunder shall be deemed to be other than on
account of the earliest stipulated Rent due, nor shall any
endorsement or statement or any check or any letter
accompanying any check or payment as Rent be deemed an
accord and satisfaction, and Landlord may accept such
check or payment without prejudice to Landlord's right to
recover the balance of such Rent or pursue any other
remedy provided herein or by law. Any letter
accompanying such check that such lesser amount is
payment in full shall be given no effect, and Landlord may
accept such check without prejudice to any other rights or
remedies which Landlord may have against Tenant.
SECTION 23. BINDING TERMS: This Lease shall bind
Landlord and Tenant and their respective assigns or
successors, personal representatives, as the case may be.
The reference in the preceding sentence to the successors
and assigns of Tenant is not intended to constitute consent
to any assignment by Tenant, but as a reference only to
those instances in which Landlord has given written
consent to a particular assignment.
SECTION 24. TIME OF ESSENCE: It is understood and
agreed between the parties hereto that time is of the essence
of this contract and this applies to all terms and conditions
contained herein.
SECTION 25. NOTICE: All notices by the Landlord or the
Tenant, to the other party, shall be delivered by either hand
delivery, or by a nationally recognized courier, such as
FedEx or DHL, or by the United States Postal Service, sent
Certified Mail, return receipt requested, postage prepaid,
and addressed to the party as follows:
To Landlord:
Internal Services Department
Real Estate Development Division
111 N.W. First Street, Suite 2460
Miami, Florida 33128
Attention: Director
with a copy to: Community Action and Human
Services Department
701 N.W. First Court, 11" Floor
Miami, Florida 33136
Attention: Director
with a copy to: Miami -Dade County Attorney's
Office
111 N.W. First Street, 28th Floor
Miami, Florida 33128
To Tenant:
The City of Miami
Department of Real Estate and
Asset Management
444 S.W. 2" Avenue, 31'1 Floor
Miami, Florida 33130
Attention: Director
with a copy to: City of Miami
NET Administration
151 NW 27th Ave
Miami, FL 33125
Attention: NET Director
with a copy to: Office of the City Attorney
City of Miami
444 S.W. 2nd Avenue, 9th Floor
Miami, Florida 33130
Attention: City Attorney
or to such other address as either party may designate in
writing from time to time. If notice is delivered by hand,
and signed by the recipient, the notice shall be deemed
served on the date of such delivery. If notice is sent by
courier, or by Certified Mail, then notice shall be deemed
served three (3) business days after the date the notice was
given to the courier or deposited in a United States Post
Office receptacle.
9
SECTION 26. NUISANCE AND WASTE: Tenant shall not
commit any waste upon the Premises or any nuisance or
other act or thing which may adversely affect Landlord's
fee interest in the Premises. No loudspeakers, stereos,
machinery, mechanical apparatus, or other devices shall be
used or allowed to operate in a manner so as to be heard or
seen outside of the Premises without the prior written
consent of Landlord. Tenant shall ensure, at its sole cost
and expense that it operates in a manner such that any
odors, smells, or noise emanating from its use of the
Premises does not impact neighboring properties, or other
Tenants in the building. These remedial measures shall
include, without limitation, installing appropriate
ventilation systems and/or insulation to mitigate such
odors, smells or noise, as the case may be. Tenant covenants
and agrees to prevent the Premises from being used in a way
which will injure the reputation of the Landlord, or which
may be a nuisance, annoyance, inconvenience, or damage
to other Tenants in the building, including, without limiting
the generality of the foregoing, noise by the playing of any
musical instrument, radio or television, or the use of
microphone, loudspeaker, electrical equipment, or other
signage outside the Premises or any odors (e.g., smoking)
from visitors of Tenant.
SECTION 27. RIGHTS OF THE PARTIES: The rights of the
parties under this Lease shall be cumulative, and failure on
the part of either party to exercise promptly any rights
given hereunder shall not operate as a waiver of any of such
party's rights.
SECTION 28. INDEMNIFICATION AND INSURANCE:
Tenant operates a self -insured program for general liability,
automobile liability, and workers' compensation in
accordance and subject to the limitations as set forth in
Section 768.28 of the Florida Statutes. Tenant shall provide
Landlord with a certificate of self-insurance routinely issued
by Tenant's Risk manager as Tenant is a self -insured
Florida municipal corporation. Subject to the limitations
and provisions as set forth in Section 768.28, Florida
Statutes,
SECTION 29. LANDLORD'S WORK ON BEHALF OF
TENANT; ADDITIONAL RENT: It is understood and
agreed between the parties hereto that any charges against
Tenant by Landlord for services or for work, excluding
items stated in Exhibit "C" hereinafter, or any
improvements within the Premises not specified herein,
however required to comply with laws, ordinances,
regulations or codes of any legally constituted authority
that may have authority over its use of the Premises,
including any ordinances or requirements for handicapped
access leased to, from, or inside of the Premises, Tenant
Improvements, done on the Premises by order of Tenant
shall be considered Additional Rent due.
SECTION 30. HAZARDOUS MATERIALS: Hazardous
materials shall not be used, generated, handled, disposed of,
discharged or stored on the Premises. The requirements of
this Section may be enforced by preliminary and
permanent, prohibitory and mandatory injunctions as well
as otherwise provided by law or ordinance. Subject to the
limitations and provisions as set forth in Section 768.28,
Florida Statutes, Tenant hereby indemnifies and holds
harmless the Landlord, and Landlord's employees, assigns,
vendors, contractors, against claims, causes of action,
liability or loss, arising out of a violation by Tenant of this
provision. Tenant's obligations and liabilities under this
Section shall survive the termination of this Lease. The
Tenant agrees that the Director of the Regulatory and
Environmental Resources Department, Division of
Environmental Resources Management of Miami -Dade
County, may also enforce the requirements of this Section.
SECTION 31. CORPORATE STATUS: Tenant represents
that any business organization status that it may purport
to have at the time of the execution of this Lease, shall be
maintained in any and all lawful form. To the extent that
the Tenant possesses a corporate or other legal business
status, Tenant shall maintain such legal business status as
active and current with the appropriate state authorities,
and in the event Tenant fails to maintain such status,
Landlord shall have the express authorization, at its sole
option, to declare this Lease in default and cancel this
Lease. Further, at all times during the duration of this
Lease the Tenant shall 'maintain its not -for -profit status
with the State of Florida, and any failure to do so, shall be
an event of default.
SECTION 32. REPRESENTATIONS/WARRANTIES: The
Tenant, as a corporation, limited liability company, or a
partnership, acknowledges and hereby agrees that the party
and the persons executing the Lease on its behalf, represent
and warrant that the individuals executing this Lease on
behalf of the Tenant are duly authorized to execute and
deliver the Lease on the Tenant's behalf in accordance with
the Tenant's organizational documents, and that this Lease
is binding upon it in accordance with its terms. Further,
each party warrants that it has the full legal power and
authority to execute and enter into this Lease and to
perform all of its obligations hereunder, and the execution
and delivery of this Lease and the performance of its
10
obligations hereunder will not conflict with or result in a
breach of, or constitute a default, under any agreement,
instrument, judgment, order or decree to which it is a party
or to which it may be subject. In the event either party fails
to operate as a government entity, or as an active
corporation, limited liability company, or partnership, as
the case may be, at any time during the Term, without
limiting the foregoing, in the event of any such breach of
warranty, covenant or representation, the other party may,
in addition to any other remedy, terminate this Lease by
written notice to the other party, upon thirty (30) days'
notice.
SECTION 33. RIGHT TO A JURY TRIAL: LANDLORD
AND TENANT HEREUNDER HEREBY
KNOWINGLY, VOLUNTARILY AND
INTENTIONALLY AGREE NOT TO WAIVE ANY
RIGHT THAT ANY PARTY MAY HAVE TO A TRIAL
BY JURY IN RESPECT TO ANY LITIGATION BASED
HEREON, ARISING OUT OF, OR RELATED
HERETO, WHETHER UNDER OR IN CONNECTION
WITH THIS LEASE OR ANY AGREEMENT
CONTEMPLATED TO BE EXECUTED IN
CONJUCTION HEREWITH, OR ANY COURSE OF
CONDUCT, COURSE OF DEALING, STATEMENTS
(WHETHER VERBAL OR WRITTEN) OR ACTIONS
OF EITHER PARTY. IN THE EVENT EITHER
PARTY INITIATES LEGAL PROCEEDINGS TO
ENFORCE ANY OF THE TERMS OF THIS LEASE,
EACH PARTY SHALL BE RESPONSIBLE FOR ITS
OWN COST OF SUIT, INCLUDING, BUT NOT
LIMITED TO, COURT COSTS, ATTORNEYS' FEES
AND OTHER EXPENSES AT TRIAL AND ON ANY
APPEAL.
SECTION 34. SUBORDINATION: Landlord and Tenant
hereby agree that this Lease shall be automatically subject
and subordinate to any and all mortgages, deeds of trust
and other instruments in the nature of a mortgage, secured
by the Landlord, either now or at any time hereafter, or any
other lien or liens placed on the property by the Landlord
of which the Premises are a part and Tenant shall, when
requested, promptly execute and deliver such written
instruments that shall be necessary to show the
subordination of this Lease to said mortgages, deeds of trust
or such other instruments in the nature of a mortgage.
Specifically, if requested by Landlord or Landlord's lender,
if any, Tenant shall execute a subordination, non -
disturbance and attornment agreement ("SNDA") on
Landlord's form within ten (10) business days of such
request, so long as such SNDA is in a form reasonably
acceptable to Tenant.
SECTION 35. FINANCING AGREEMENTS: The Tenant
hereby acknowledges and agrees that it shall not enter into,
execute or deliver any financing agreement, arrangement,
mortgage, encumbrance, and/or lien upon the Premises,
and/or the Tenant's leasehold interest in the Premises,
without the Landlord's prior written consent to do so.
Further, the Tenant further agrees that any financing
agreement, arrangement, mortgage, encumbrance, and/or
lien upon the Premises, and/or the Tenant's leasehold
interest in the Premises, which might be approved by the
Landlord cannot be considered as a priority to any
mortgage or deed of trust that Landlord may have placed,
or places in the future, upon the Premises.
SECTION 36. LIENS: Tenant shall not permit any type of
lien to be filed against the Premises for any reason
whatsoever without the Landlord's prior written consent.
This includes any type of lien for materials, labor, utilities
or anything related to the Premises If, for whatever
reason, any mechanic's or other lien shall be filed against
the Premises, or any part thereof, purporting to be for labor
or materials furnished or to be furnished at the request of
Tenant, then Tenant shall, at its expense, cause such lien, to
be discharged of record by payment, bond, or otherwise as
allowed by law, within seven (7) calendar days after the
filing thereof. If Tenant shall fail to cause such lien to be
discharged of record within such seven (7) day, period,
Landlord, in addition to any other rights and remedies,
may, but shall not be obligated to, cause such hen to be
discharged by payment, bond or otherwise, without
investigation as to the validity thereof or as to any offsets
or defenses thereto, and Tenant shall,, upon written
demand, promptly within ten (10) calendar days, pay to
Landlord a sum equal to the amount of such lien(s) and
reimburse Landlord for all amounts paid and costs incurred,
including interest thereon at the maximum legal rate from
the respective dates of Landlord's payment in having such
lien discharged of record and, further, subject to the
limitations and provisions as set forth in Section 768.28,
Florida Statutes, Tenant shall otherwise indemnify and
save Landlord harmless from any claim or damage resulting
therefrom.
SECTION 37. DAMAGE, DESTRUCTION, CASUALTY
(NATURAL DISASTER) AND EMINENT DOMAIN: The
11
Tenant shall immediately notify the Landlord, in writing,
upon discovering any damage and/or destruction to the
Premises.
If the Premises is totally or partially destroyed or damaged
as a result of a casualty, disaster (natural or otherwise) or
hazard (a "Casualty Event"), either party may terminate
this Lease by giving the other party thirty (30) calendar
days' advanced written notice, and this Lease shall
terminate, and the Landlord shall have no obligation to
rebuild or repair the Premises. If the Premises is not
rendered tenantable, either party hereto may cancel this
Lease by written notice, which cancellation shall be
effective upon the receipt of such notice.
If this Lease is terminated as provided in this Section, all of
Tenant's obligationsunder this Lease shall cease, effective
from the date of the Casualty Event. If this Lease is not
terminated, and if Tenant remains open for business in any
portion of the Premises after a Casualty Event, Tenant shall
be obligated to pay Rent, maintain the Premises.
If this Lease is not terminated, Tenant shall have the option
to repair the Premises to the extent damaged by such an
event. In connection with the foregoing, Tenant shall be
responsible for the interior contents of the Premises, as well
as replacing or restoring all of Tenant's personal furniture,
fixtures and equipment, and signs after the occurrence of a
Casualty Event. During periods of hurricane or tropical
storm watches and/or warnings, Tenant shall have the
option to install hurricane shutters and otherwise protect
the Premises, along with its furniture, fixtures, and
equipment therein, such as utilizing all appropriate means
of protection, at its sole cost and expense. Landlord shall
have no obligation, either prior to, or during the periods of
hurricane or tropical storm watches and/or warnings, to
protect that Tenant's furniture, fixtures and equipment.
In the event the Premises, or a substantial portion thereof,
is taken by any condemnation or eminent domain
proceeding (a "Taking") whereby the same is rendered
untenantable, the parties hereto shall have the right to
terminate this Lease without further liability on the part of
Landlord or Tenant as of the date of the Taking, by
providing thirty (30) calendar days written notice from the
date of such Taking. If this Lease is not terminated, and if
Tenant remains open for business in any portion of the
Premise after a Taking, Tenant shall be obligated to pay
Rent, maintain the Premises, and pay all expenses in
proportion to the square footage of the Premises which
remains tenantable after a Taking, and the Rent shall be
reduced in proportion to the square footage of the Premises
rendered untenantable. Any award of proceeds resulting
from a condemnation or sale in lieu thereof of the whole or
part of the Premises will belong to Landlord and Tenant as
their respective rights might appear. Provided, however,
that Landlord is not entitled to any award specifically made
to Tenant for the taking of Tenant's fixtures, furniture, or
leasehold improvements.
SECTION 38. RETURNED CHECK FEES: Intentionally
Deleted.
SECTION 39. DEFAULT: Tenant shall be in default under
this Lease if it fails to (i) make timely payments of Rent or
other sums due hereunder, or to (ii) faithfully observe all
terms, covenants, rules and regulations contained in this
Lease, or such other uniform and non-discriminatory rules
or regulations as may be hereafter made and promulgated
by Landlord. Further, in the event of a default, the Tenant
acknowledges and agrees that in addition to the Landlord's
rights pursuant to Section 40, Termination by Landlord,
the Landlord shall have the following rights:
In the event of any default by Tenant remaining uncured
past any applicable cure period, notwithstanding any
waiver of any former breach of covenant or waiver of the
benefit hereof or consent in a former instance, Landlord
may immediately perform any and/or all of the following:
(1) without terminating this Lease, cure Tenant's default,
including, but not limited to, making any and all
maintenance and repairs, at Tenant's cost and expense,
and/or (2) without 'terminating this Lease, re-enter the
Premises and remove all persons and all or any property
therefrom, by any suitable action or proceeding at law, or
otherwise, without being liable for any prosecution or
damages therefrom for trespass or otherwise, and repossess
and enjoy the Premises, with all additions, alterations and
improvements, and Landlord may at its option, repair,
alter, remodel and/or change the character of the Premises
as it may reasonably deem fit; (3) terminate this Lease upon
written notice to Tenant, and thereafter relet the Premises
or any part or parts thereof; and/or (4) terminate this Lease
upon written notice to Tenant; and/or (5) exercise any other
remedies otherwise available to Landlord provided herein,
or at law or in equity. In connection with the foregoing, if
Landlord so elects, it may sell any personal property of
Tenant at public auction or private sale and apply the net
proceeds to the payment of all sums due to Landlord from
Tenant, if any, and pay over the balance to Tenant. All
rights and remedies available to Landlord shall be
cumulative and non-exclusive.
The exercise by Landlord of any right granted in this
Section shall not relieve Tenant from the obligation to make
all Rent payments, and also to fulfill all other covenants
and/or obligations required by this Lease, at the time and
in the manner provided herein. The Tenant throughout the
remaining Term hereof shall pay Landlord, no later than
the last day of each month during the Term, the then
current excess, if any, of the sum of the unpaid rentals and
costs to Landlord resulting from such default by Tenant
over the proceeds, if any, received by Landlord from such
reletting, if any, but Landlord shall have no liability to
account to Tenant for any excess. Landlord shall not be
required to relet the Premises nor exercise any other right
granted to Landlord hereunder, nor shall Landlord be under
any obligation to minimize Tenant's loss as a result of
Tenant's default, but will nonetheless use commercially
reasonable good faith efforts to mitigate damages. If
Landlord attempts to relet_ the Premises, Landlord shall be
the sole judge as to whether or not a proposed tenant is
suitable and acceptable.
Should Tenant fail to occupy, or elect to vacate, or abandon
the Premises at any time during the Term of this Lease,
Landlord shall be permitted to immediately take possession
of the Premises.
Upon any default, and after the expiration of any cure
period, as described in this Lease, the Landlord may, with
or without judicial process, enter the Premises and take
possession of any and all goods, inventory, equipment,
fixtures and all other personal property of Tenant situated
in the Premises without liability for trespass or conversion,
and may sell or otherwise dispose of any and all such
property after thirty (30) calendar days' notice to Tenant,
which notice shall constitute reasonable and sufficient
notice (so long as such property is valued by the Landlord
at more than One Thousand ($1,000.00) Dollars, otherwise,
such property shall be considered abandoned by the
Tenant, and Landlord shall have no obligation to either
store, maintain, sell or otherwise dispose of the property).
The proceeds of any such sale or disposition shall be applied
first to the payment of all costs and expenses of conducting
the sale and/or caring for and/or storing said property;
second, toward the payment of any indebtedness, including
(without limitation) indebtedness for Rent, which may be
due or become due to Landlord; and third, to pay Tenant,
on demand in writing, any surplus remaining after all
indebtedness of Tenant to Landlord has been fully paid, so
long as Tenant in fact makes such demand within sixty (60)
calendar days of any such sale or disposition of property.
12
Upon any default, Landlord may perform, on behalf of and
at the expense of the Tenant, any obligation of Tenant
under this Lease which Tenant has failed to perform and of
which Landlord shall have given Tenant notice of, the cost
of which performance by Landlord, together with interest
thereon, at the highest legal rate of interest as permitted by
the State of Florida, and shall be immediately payable by
Tenant to Landlord.
All rights and remedies of Landlord under this Lease shall
be cumulative and shall not be exclusive of any other rights
and remedies provided to Landlord under applicable law.
The Tenant further acknowledges and agrees that should
the Landlord elect to terminate, or otherwise cancel, this
Lease due to any breach by the Tenant, the Tenant shall
not be entitled to any type of compensation or
reimbursement for any improvements made to the Premises
by the Tenant, and/or for the value of the remaining Term.
SECTION 40. TERMINATION BY LANDLORD: In addition
to the Landlord's rights pursuant to Section 7 and 39 above,
the occurrence of any of the following shall cause this Lease
to be terminated by the Landlord upon the terms and
conditions also set forth below:
A. Automatic Termination:
1) Institution of proceedingsin voluntary bankruptcy
by the Tenant.
2) Institution of proceedings in involuntary
bankruptcy against the Tenant if such proceedings
continue for a period of ninety (90) days.
3) Assignment by Tenant for the benefit of creditors.
4) Failure of Tenant to maintain its not -for -profit tax
status.
B. Termination after ten (10) calendar days from receipt by
Tenant of written notice by Certified Mail sent to Tenant
for any of the following:
1) Non-payment of any sum or sums due hereunder
after the due date for such payments; provided,
however, that such termination shall not be
effective if Tenant makes the required payment(s)
during the thirty (30) calendar day period from date
of the written notice.
2) Notice of any condition posing a threat to health or
safety of the public or patrons and not remedied
within the ten (10) business day period from date of
written notice.
C. Termination after thirty (30) calendar days from
receipt by Tenant of written notice by Certified Mail sent
to the Tenant for the following:
1) Non-performance of any covenant of this Lease
other than non-payment of Rent and others listed
in A and B above, and failure of the Tenant to
remedy such breach within the thirty (30) calendar
day period from receipt of the written notice, or
where a court finds that the Tenant has brought a
frivolous and/or baseless claim or defense.
All of the remedies of the Landlord shall be cumulative,
and enforcing one or more of the remedies herein provided
upon an Event of Default and shall not be deemed or
construed to constitute a waiver of such default, or an
election of remedies.
SECTION 41. EARLY TERMINATION BY TENANT
Tenant shall have the option to terminate this Lease at any
time by giving the Landlord one hundred eighty (180) days
written notice or the Landlord fails to complete the Scope
of Work and Tenant Improvements within twelve months
of the "Effective Date" of the Lease Agreement.
SECTION 42. EARLY TERMINATION BY LANDLORD:
Landlord shall have the right to terminate this Lease at any
time by giving the Tenant one hundred eighty (180) days
written notice. Should Landlord elect to cancel or otherwise
terminate this Lease (through no fault or breach by Tenant)
within the initial Term, then it shall reimburse the Tenant
for the unamortized portion of the improvements, including
but not limited to, any capital improvements, renovations,
additions, plumbing and electrical installation, furnishings,
and related expenses thereto, made to the Premises Tenant
shall provide written documentation of potentially all
expenses to be reimbursed by the Landlord, immediately
upon the completion of such improvements. The Tenant
shall provide the Landlord with documents relating to the
cost of the improvements, which expenses shall be verified
by review and/or audit by the Landlord.
SECTION 43. LEASEHOLD IMPROVEMENTS UPON
LEASE EXPIRATION OR TERMINATION: Tenant shall, at
the expiration or other termination of this Lease, remove all
of Tenant's goods, furniture, trade fixtures and effects, and
other personal property from the Premises, (including,
without hereby limiting the generality the foregoing, all
signs and lettering affixed or painted by Tenant, either
inside or outside the Premises). All other improvements
made by Tenant to the Premises shall remain in exchange
for mutually agreed upon sum. All electrical connections
from Tenant's sign(s) shall be capped and the exterior
facade surface of the sign area shall be made weather -tight
13
and be restored to a like -new condition that is consistent
with the rest of the facade (including any necessary
cleaning, painting and/or patching of the surface). Tenant's
right to remove personal property items from the Premises
is conditioned upon Tenant's full and complete discharge of
any and all obligations under this Lease. In the event any
obligations are due and owed to Landlord at the time
Tenant seeks to vacate the Premises, Tenant shall take no
action to remove any of its personal property items located
on, in or outside the Premises, and Landlord shall be
entitled to exercise any and all rights as Landlord against
such property in order to satisfy all such obligations.
Furthermore, Tenant also agrees to repair any damage
caused to the Premises by the removal of its personal
property. Anything attached to the Premises by electrical,
plumbing or gas connections or anything attached to the
ceilings, walls and floors (including any carpeting) will
remain the property of Landlord and shall not be removed
from the Premises by Tenant. Any special equipment
servicing the Premises, including on the roof or exterior of
the Premises (e.g., cabling or wiring), shall not be removed
without Landlord's written prior consent. Any removal of
such items without Landlord's prior written consent will
result in Landlord charging Tenant for the cost of such
items as new, as Additional Rent due.
SECTION 44. RETURN OF PREMISES: If the Expiration
Date occurs on a weekend day or a state or county holiday,
the Premises shall be returned to the Landlord in
accordance with this Section no later than 5:00 p.m. on or
before the last business day prior to such weekend day or
state or county holiday. On or before the specified time,
Tenant shall deliver to Landlord the Premises, including all
keys, locks thereto, and other fixtures connected therewith
and all alterations and additions made to or upon the
Premises, in good condition subject to reasonable wear and
tear (including being broom swept/vacuumed), damage by
fire or other casualty only excepted. In_ the event of
Tenant's failure to remove any of Tenant's personal
property from the Premises, Landlord` is hereby, as
described otherwise in this Lease, authorized without
liability to Tenant for loss or damage thereto, and at the
sole risk and cost of Tenant, to remove and store any of the
personal property at Tenant's expense, or to retain same
under Landlord's control or to sell at public or private sale,
without notice, any or all of the personal property not so
removed, and to apply the net proceeds of such sale to the
payment of any sum due hereunder.
SECTION 45. MODIFICATION, INTEGRATION AND
INTERPRETATION: This Lease contains the entire
agreement between the parties hereto and all prior
negotiations. All negotiations, agreements, considerations,
representations, and understandings between Landlord and
Tenant are incorporated herein and may be modified or
altered only by agreement in writing between Landlord and
Tenant, and no act or omission of any employee or agent of
Landlord and/or Tenant shall alter, change, or modify any
of the provisions hereof. Tenant specifically acknowledges
that it has freely negotiated this Lease and that it has not
been influenced to enter into this transaction. Tenant
acknowledges that it has not relied upon any warranties or
representations not specifically set forth in this Lease.
Tenant specifically acknowledges that the condition of the
Premises or any building of which the Premises are a part
are not a significant inducement for entering into this
Lease. Tenant further acknowledges that Landlord's repair
and/or maintenance of the Premises, or lack thereof, or in
the building of which the Premises may be part, is not a
significant inducement for entering into this Lease. In any
controversy, dispute, or contest over the meaning,
interpretation, validity, or enforceability of this Lease or
any of its; terms or conditions, there shall be no inference,
presumption, or conclusion drawn whatsoever against
either party by virtue of that party having drafted this
Lease or any portion thereof. The parties to this Lease agree
that the terms of this Lease shall not be more strictly
construed against Landlord, or more favorably for Tenant,
notwithstanding Landlord's presentation of this Lease.
SECTION 46. QUIET ENJOYMENT: Tenant, on paying the
rental and performing the conditions hereof, shall and may
peaceably and quietly have, hold and enjoy the Premises
throughout the Term of the lease, without hindrance or
molestation by Landlord.
SECTION 47. RULES AND REGULATIONS AND TENANT
OBLIGATIONS: Landlord reserves the right to promulgate,
and Tenant agrees to comply with reasonable non-
discriminatory Rules and Regulations for the Premises,
including, but not limited to, the following:
a) Tenant is expressly prohibited from placing,
erecting, or maintaining any sign, lettering,
banners, or advertising devices on, in, or about the
windows, doors, lobby, hallway, and/or gate of the
building in which the Premises is located, other
than as specifically permitted in this Lease.
b) Tenant will not install any equipment which
exceeds the capacity of the utility lines leading into
14
the Premises or the building of which the Premises
constitutes a portion.
c) Tenant shall give Landlord prompt written
notice of any accident, fire or damage occurring on
or to the Premises, and shall immediately process
its claim through its insurance carrier.
d) Tenant shall immediately notify the Landlord of
any incident in which someone is seriously injured
or dies on or about the Premises, irrespective of the
cause of injury or death. For the purposes of this
Section, serious injury is any injury that results in
hospitalization, wound care, and/or surgery.
e) No radio, television, heater, fan, refrigerator,
fiber-optic cable, satellite dish or other electrical
device shall be installed without obtaining in each
instance, the written consent of Landlord. No
antenna or satellite dish shall be erected on the roof
or exterior walls of the building, or on the grounds
without Landlord's written consent. Any antenna
or satellite dish so installed without such written
consent of Landlord shall be removed promptly at
the direction of Landlord. If Landlord removes such
equipment, Landlord shall not be liable for l such
removal and disposal of such equipment.
f) The plumbing facilities shall not be used for any
other purpose than for which they are constructed.
No foreign substance of any kind shall be permitted
therein, and the expenses of any breakage,
stoppage, or damage resulting- from a violation of
this provision shall be borne by Tenant. Tenant
shall be responsible for repairing all plumbing and
electrical lines inside or outside of the Premises, if
such damage was caused by the Tenant, or any of
its employees, guests, vendors, and/or agents.
g) The Landlord shall be responsible for the timely
maintenance and the general upkeep of the
Premises.
Tenant agrees that Landlord may from time to time
suspend, amend or supplement the foregoing rules and
regulations, and may adopt additional reasonable rules and
regulations applicable to the Premises. Notice of such rules
and regulations and amendments and supplements thereto,
if any, shall be given to Tenant.
SECTION 48. LANDLORD'S RIGHTS: Landlord shall in no
event be in default in the performance of any of Landlord's
obligations hereunder unless and until Landlord shall have
failed to perform such obligations within thirty (30)
calendar days of written notice from Tenant, or such
additional time as is reasonably required to correct any such
default after written notice by Tenant properly specifying
wherein Landlord has failed to perform such obligation.
SECTION 49. AIR QUALITY; RADON GAS; MOLD: Tenant
is hereby made aware of the following: Radon Gas is a
naturally occurring radioactive gas that, when it has
accumulated in a building in sufficient quantities, may
present health risks to persons who are exposed to it over
time. Levels of Radon that exceed federal and state
guidelines have been found in buildings in Florida.
Additional information regarding Radon Gas, and Radon
testing, may be obtained from the county public health
unit. If the radon level exceeds acceptable EPA standards,
the Landlord may choose to reduce the radon level to an
acceptable EPA level, failing which either party may cancel
this Lease.
Tenant further acknowledges that mold and fungi are
naturally occurring conditions and that mold or fungi may
be present in the Premises. Therefore, prior to the
possession of the Premises, Landlord, at Landlord's
expense, shall treat and eradicate any type or form of
fungus, including mold or mildew and any mycotoxins,
spores, scents or byproducts produced or released by fungi.
Subject to the limitations and provisions as set forth in
Section 768.28, Florida Statutes, pursuant to the Scope of
Work as set forth in Schedule "C".
SECTION 50. INDEPENDENT COVENANT: Each and every
Rent obligation Tenant is obligated for under the terms of
this Lease shall be deemed to be independent covenants to
Landlord and shall remain independent covenants
notwithstanding any other obligation Landlord may have
to Tenant under the Lease.
SECTION 51. DISPLAY RESTRICTIONS: Tenant will
display and maintain the Premises in a first class manner at
all times. Tenant cannot display any items, signs, or
merchandise outside the Premises promoting its business, or
for sale including, but not limited to, the front door, in the
lobby and along the sidewalk(s) of the Premises, without
the Landlord's prior written consent.
SECTION 52. SIGNAGE/ADVERTISING: All signs are to be
constructed at the Tenant's sole cost and expense
(including all costs associated with the preparation of the
15
facade and/or removal of the existing signage and for
connecting the electricity to the sign) and installed only
with proper permits and approvals by licensed sign and
electrical contractors, which signs shall be deemed a fixture
to the Premises.
The following signs are prohibited:
(1) flashing lights or animated signs, (2) audible devices and
temperature signs, (3) all Styrofoam, plastic, foam and
wood signs, (4) all paper signs and banners of any kind
(unless professionally prepared), (5) no flood lights, flags,
pennants or signs held by ropes, (6) no window signage, and
(7) balloons, sandwich boards, sidewalk signs, portable
signage, signs, characters or mascots, parking lot signage
and the like.
SECTION 53. NON -WAIVER PROVISION: No assent,
express or implied, by either party to any breach of any
agreement or condition herein contained on the part of the
applicable party to be performed or observed, and no
waiver, express or implied, of any such agreement or
condition, shall be deemed to be a waiver of or assent to any
succeeding breach of the same of any other agreement or
condition; the acceptance by Landlord, of Rent or other
payment hereunder or silence by Landlord as to any breach
shall not be construed as waivingany of Landlord's rights
hereunder unless such waiver shall be in writing.'
SECTION 54. USE OF ADDITIONAL AREAS: The use and
occupation of the Premises shall include the use of other
areas of the overall property, commonly known as the
Allapattah Community Resource Center, in common with
other tenants, including, but not limited to the parking
areas and common areas; within the building that the
Premises is located. Landlord agrees that the Tenant will
have full access and use of six (6) assigned parking spaces
at the parking lot lying directly across the street to the west
of the subject property located at 1908>NW 21 ST Miami,
FL 33142-7314, Folio: 01-3127-043-0230.
SECTION 55. TENANT'S TAXES AND ASSESSMENTS:
Tenant is exempt from any applicable sales tax, tax on rent,
and any other charges, taxes and/or impositions now in
existence or hereafter unposed.
SECTION 56. FORCE MAJEURE: Neither Landlord nor
Tenant shall be liable for failure to perform any obligation
under this Lease, except for the payment of money, in the
event it is prevented from so performing by strike, lockout,
breakdown, accident, order or regulation of or by any
governmental authority or failure to supply or inability by
the exercise of reasonable diligence to obtain supplies, parts
or employees necessary to furnish such services or because
of war, casualty, act of God, or for any other cause that is
completely beyond its reasonable control, but financial
inability shall never be deemed to be a cause beyond a
party's control, and in no event shall either party be
excused or delayed in the payment of any money due under
this Lease by reason of any of the foregoing.
SECTION 57. ADA/HANDICAPPED; CODE UPGRADES:
Tenant agrees, at its sole expense, to comply promptly with
all applicable current and future requirements, laws,
ordinances, regulations or codes of any legally constituted
authority that may have authority over its use of the
Premises, including any ordinances or requirements for
handicapped access leased to, from, or inside of the Premises.
Except in instances in which the Tenant has made
improvements to the Premises, The Landlord shall he
responsible for upgrading the Premises for any code upgrades
that may be currently enacted or enacted in the future.
Regarding any improvements to the Premises by the Tenant,
the Tenant acknowledges and agrees that it will comply with
the terms and conditions of the federal Americans with
Disabilities Act ("ADA"), along with any and all
amendments, and/or additions, as well as with any and all
Florida accessibility requirements, including, but not limited
to, the Florida Americans with Disability Accessibility
Implementation Act, including Sections 553.501-553.513,
Florida Statutes, and shall immediately bring the physical
components of the Premises into compliance upon request.
Tenant acknowledges and agrees that Landlord shall have no
obligation in any manner to Tenant or any claimants on
behalf of Tenant for any improvements or upgrades made by
the Tenant to the Premises, including if any such
improvements were made to any access leading to or from
the Premises.
SECTION 58. SECURITY: Tenant acknowledges and agrees
that Tenant assumes any and all responsibility and liability
for the security of its employees, guests, invitees, as well as
for any and all of the Tenant's personal property, including,
but not limited to, furniture, fixtures, and equipment
within or about the Premises. Tenant, at its option, may
enlist its own security personnel, and install its own security
devices within or about the Premises.
SECTION 59. NO OFFER: THE PRESENTATION OF
THIS LEASE BY LANDLORD DOES NOT
CONSTITUTE AN OFFER WHICH MAY BE
16
ACCEPTED BY TENANT. THIS LEASE ONLY
BECOMES VALID, BINDING AND EFFECTIVE
UPON EXECUTION AND DELIVERY OF THIS
LEASE BY BOTH LANDLORD AND TENANT.
FURTHER, EMPLOYEES OR AGENTS OF
LANDLORD HAVE NO AUTHORITY TO MAKE OR
AGREE TO MAKE A LEASE OR ANY OTHER
AGREEMENT OR UNDERTAKING IN CONNECTION
HEREWITH.
SECTION 60. ESTOPPEL CERTIFICATES: Tenant agrees,
at any time and from time to time, upon not less than fifteen
(15) business days' prior written request by Landlord, to
5execute, acknowledge and deliver to Landlord a statement
in writing certifying that this Lease is unmodified and in
full force and effect (or, if there have been modifications,
that the same are in full force and effect as modified and
stating the modifications), that no uncured defaults exist
hereunder (or if any such defaults exist, specifying the
same), and the dates to which the rent and other charges
due hereunder have been paid in advance, if any, it being
intended that any such statement delivered pursuant to this
Section may be relied upon by any prospective purchaser or
mortgagee of, or assignee of any mortgage upon, the
building. If such an estoppel is not executed within, this
fifteen (15) business day period, in addition to other default
remedies provided herein, Tenant shall pay Landlord an
amount equal to Ten ($10.00) Dollars per day for each day.
of delay.
SECTION 61. NON-DISCRIMINATION: The < Tenant for
itself, and its successors and _assigns, as a part of the
consideration hereof, does hereby covenant and agree that:
A. In the use of Premises, Tenant will comply with
Resolution No. 9601 dated March 24, 1964, which
states that as a matter of policy, there shall be no
discrimination based on race, color, creed, gender,
or national origin, and Resolution No. 85-92 dated
January 21, 1992, which states that there shall be
no discrimination on the basis of disability in
connection with any of the Landlord's property or
facilities operated or maintained under lease
agreements, license, or other agreement from
Miami -Dade County or its agencies. No person, on
the grounds of race, religion, ancestry, sex, age,
color, gender, pregnancy, national origin, disability
or physical handicap, marital status, familial
status, gender identity, gender expression, or sexual
orientation shall be excluded from participation
therein, or be denied the benefits thereof, or be
otherwise subjected to discrimination.
B. In the construction of any improvements to the
Premises, and in the furnishings of services thereon,
no person on the grounds of race, sex, age, gender,
national origin, or physical handicap, shall be
excluded from participation therein or be denied the
benefits accruing therefrom, or be otherwise
subjected to discrimination.
C. Tenant agrees, in accordance with Section 11A of
the Miami -Dade County Code, that it shall not
discriminate against any employee, subtenant,
person, etc. on the basis of race, color, religion,
ancestry, age, national origin, sex, disability,
marital status, familial status, pregnancy, sexual
orientation, gender identity or gender expression, or
perceived or actual status of domestic violence,
dating or stalking.
D. Pursuant to Ordinance No. 14-65, in the use of
single occupancy restroom, tenant shall afford
access to all persons regardless of their race, color,
religion, ancestry, national origin, sex, pregnancy,
age, disability, marital status, status as a victim of
domestic violence, dating violence or stalking,
familial status, gender identity, gender expression,
or sexual orientation. Notwithstanding the
foregoing, access to a single occupancy restroom
located in a secured building, facility or area of such
building or facility that is not generally opened to
the public may be denied for security or other
nondiscriminatory reasons.
SECTION 62. MISCELLANEOUS:
A. CAPTIONS AND SECTION NUMBERS: The captions in
this Lease are for convenience of reference only and
shall not define, modify, explain, amplify, augment, or
limit the provisions, interpretation, construction, or
meaning hereof.
B. CONSTRUCTION OF CERTAIN TERMS: As used in this
Lease, the word "person" shall mean and include where
appropriate, any individual, corporation, partnership or
other entity; the plural shall be substituted for the
singular, and the singular for the plural, where
appropriate; and words of any gender shall mean and
include any other gender.
C. COUNTERPARTS: This Lease and any amendment
17
hereof may be executed in several counterparts and by
each party on a separate counterpart, each of which
when so executed and delivered shall be an original, and
all of which together shall constitute one instrument.
D. LIMITATION OF LIABILITY: The term "Landlord" as
used in this Lease, so far as covenants or obligations to be
performed by Landlord are concerned, shall be limited to
mean and include only the owner or owners at the time in
question of the Premises, and in the event of any transfer or
transfers of title to the Premises, the Landlord (and in case of
any subsequent transfers or conveyances, the then grantor)
shall be concurrently freed and relieved from and after the
date of such transfer or conveyance, without any further
instrument or agreement, of all liability as respects the
performance of any covenants or obligations on the part of
Landlord contained in this Lease thereafter to be performed,
it being intended hereby that the covenants and obligations
contained in this Lease on the part of Landlord, shall, subject
as aforesaid, be binding on Landlord, its successors and
assigns, only during and in respect of their respective
successive periods of ownership of said leasehold interest or
fee, as the case may be.
E. RECORDING: The parties hereto agree not to record
this Lease, except for the Landlord filing this lease with
the Clerk of the Board, Miami Dade County, Florida.
F. CONFIDENTIALITY: Landlord and Tenant
acknowledge and agree that because the Landlord and
Tenant are governmental entities, any and all
information pertaining to this Lease is subject to be
disclose to others, and therefore none` of the
information contained herein is, or shall be, considered
confidential and is 'subject to Florida Public Records
Law pursuant to Chapter 119 of the Florida Statutes.
Landlord and Tenant hereby agree to comply with any
and all maintenance of public records' and applicable
requirements related to this Lease, and all aspects of
Chapter 119, Florida Statutes.
G. SUCCESSORS AND ASSIGNS: The covenants and
agreements of this Lease shall, subject to the terms of this
Lease to the contrary, be binding upon and inure to the
benefit of the parties hereto and their respective successors
and assigns, as the case may be.
H. LANDLORD -TENANT RELATIONSHIP: Landlord and
Tenant are not creating a joint venture or partnership by the
provisions of the Lease and they are and at all times shall
remain in the relationship of Landlord and Tenant.
I. PARTIAL INVALIDITY OR UNENFORCEABILITY: The
invalidity of one or more of the provisions of this Lease shall
not affect the remaining portions of this Lease; and, if any one
or more of the provisions of this Lease should be declared
invalid by final order, decree or judgment of a court of
competent jurisdiction, this Lease shall be construed as if such
invalid provisions had not been included in this Lease.
J. BROKERS: There are no brokerage commissions due
under this Lease or that shall become due upon the
renewal or extension of this Lease.
K. GOVERNING LAW: This Lease shall begoverned by and
construed and enforced in accordance with the laws of the
State of Florida and venue for all actions shall lie in Miami -
Dade County, Florida.
L. ENTIRE AGREEMENT: This Lease, including all
exhibits attached hereto, contains the entire
agreement of the parties hereto with respect to the
matters covered thereby. This Lease cancels, voids,
and nullifies all prior lease agreements, addendums,
written agreements and oral agreements between
the parties for the Premises. This Lease may not be
amended, modified or supplemented except by
written instrument executed by Landlord and
Tenant, and approved by the Miami -Dade County
Board of County Commissioners and, if necessary,
the City of Miami Commission.
M. TELECOPIED AND EMAILED SIGNATURE
PAGES: In order to expedite the transaction
contemplated herein, telecopied or emailed
signatures may be used in place of original
signatures on this Lease. The parties intend to be
bound by the signatures on the telecopied
document, are aware that the other party will rely
on the telecopied or emailed signatures and hereby
waive any defenses to the enforcement of the terms
of this Lease based on the form of signature.
N. REPRESENATION BY COUNSEL: The parties
hereby acknowledge and agree that each was
properly represented by counsel and this Lease was
negotiated and drafted at arm's length so that the
judicial rule of construction to the effect that a legal
document shall be construed against the draftsman
shall be inapplicable to this Lease which has been
18
drafted by counsel for both Landlord and Tenant.
[THE REMAINDER OF THIS PAGE
INTENTIONALLY LEFT BLANK]
[ONLY THE SIGNATURE PAGE REMAINS]
19
IN WITNESS WHEREOF, Landlord has caused this Lease to be executed in its name by the County
Mayor, or the Mayor's designee, as authorized by the Board of County Commissioners, and Tenant has
caused this Lease to be executed by its duly authorized representative, and this Lease is therefore
effective on the day and year first hereinabove written.
LANDLORD
MIAMI-DADE COUNTY,
A political subdivision of the State of Florida
BY ITS BOARD OF COUNTY COMMISSIONERS
By:
Name:
Title:
ATTEST: Date:
RARVEY RUVIN, CLERK
By:
Approved by the County Attorney as
to form and legal sufficiency._
ATTEST
Todd B. Hannon
City Clerk
TENANT
CITY OF MIAMI, a municipal corporation of the State
of Florida
By:
Emilio T. Gonzalez,
City Manager
Witness Witness
Print: Print:
APPROVED AS TO LEGAL FORM APPROVED AS TO INSURANCE
AND CORRECTNESS REQUIREMENTS
Victoria Mendez,
City Attorney
Anne -Marie Sharpe,
Director of Risk Management
20
D
EXHIBIT A
DIAGRAM OF PREMISES
j
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GS�
ti
r°J 0
21
EXHIBIT "C"
SCHEDULE OF SCOPE OF WORK - LEASEHOLD IMPROVEMENTS
1. REMOVE ALL EXISTING CEILING TILES AND GRID
2. REMOVE ALL EXISTING LIGHT FIXTURES
3. PROVIDE ANO INSTALL NEW CEILING GRID AND TILES AT 8'-4" AF.F.
THROUGHOUT
4. PROVIDE AND INSTALL NEW HVAC UNIT(S), DUCT WORK AND
SUPPLY/RETURN GRILLS TO ADEQUATELY COOL/HEAT THE PREMISES
5. PROVIDE ANO INSTALL NEW LED LIGHT FIXTURES THROUGHOUT TO
INSURE ADEQUATE LIGHT LEVELS FOR OFFICE SPACES (500
LUX/LUMENS/M2)
6. REMOVE ALL EXISTING FLOORING THROUGHOUT THE AREA OF WORK.
PATCH/REPAIR EXISTING SLAB ANO PROVIDE A 1/4" THICK SELF LEVELING
CONCRETE TOPPING WITH MECHANICAL POLISH FINISH.
7. REMOVE ALL ABANDONED VOICE/DATA CABLING THROUGHOUT
8. ALL ELECTRICAL DEVICES SHALL BE IN COMPLIANCE TO FEDERAL, STATE
AND LOCAL CODES.
9. PROVIDE ANO INSTALL ALL REQUIRED FIRE SAFETY DEVICES TO COMPLY
WITH ALL APPLICABLE CODES.
10. PROVIDE AND INSTALL REPLACMENT FOR ALL FIXTURES IN THE 3 TOILET
ROOMS IN THE AREA OF WORK. (3) SINKS (3) TOILETS, (1) SET GRAB
BARS, PLUS ALL ACCESORIES.
11. REMOVE AND DISCARD EXISTING MILLWORK COUNTERS
12. PROVIDE AND INSTALL NEW VINYL BASE THROUGHOUT
13. DOORS TO REMAIN AT EXISTING LOCATIONS TO BE REPLACED WITH NEW
DOORS AND HARDWARE.
14. PROVIDE AND INSTALL NEW WINDOW TREATMENT THROUGHOUT
15.CONDUCT MOLD REMEDIATION AND AIR QUALITY TESTING
16. PROVIDE ASBESTOS TESTING AND ABATEMENT IF REQUIRED
17. PROVIDE TERMITE TESTING AND TENTING IF REQUIRED
18. DRYWALL PARTITIONS FLOOR TO CEILING
19. DEMOLITION OF WALLS PURSUANT TO ALLAPPATTAH NET OFFICE
LAYOUT
20. RAISING OF WALLS PURSUANT TO ALLAPPATTAH NET OFFICE LAYOUT
21.CONDUCT AND SECURE 40 YEAR CERTIFICATION.
22.SECURE CERTIFICATE OF OCCUPANCY
22
EXHIBIT "D"
POSSESSION DATE CERTIFICATE
This Possession Date Certificate is entered into by Landlord and Tenant pursuant to Section "M"
of the Lease (as hereinafter defined). Capitalized terms not defined herein shall have the meanings
provided in the Lease.
1) Definitions. In this certificate the following terms have the meanings given below:
Tenant: CITY OF MIAMI, a municipal corporation of the State of Florida
Landlord: MIAMI-DADE COUNTY, A political subdivision of the State of Florida
Lease: Lease dated as of / / between City and Landlord.
Subject Property: 1897 N.W. 20th Street, Miami, Florida 33142 consisting of approximately 2,882
square feet, (of the building's 8,074 total square feet) on the south side section of the building.
Folio Number: 01-3127-043-0370, as legally described and identified in Exhibit attached to
the Lease.
2) Confirmation of Possession Date:
Landlord and Tenant confirm that the Possession Date of the Lease is / / .
Landlord and Tenant confirm that the Rent Commencement Date of the Lease is / / .
Landlord and Tenant confirm that the expiration date, of the Initial Term is / / .
3) Acceptance of the Subject Property: Tenant accepted the Subject Property on / /
Landlord and Tenant have executed this Possession Date Certificate as of the dates set forth below:
LANDLORD:
MIAMI-DADE COUNTY
TENANT
CITY OF MIAMI
NAME: NAME:
TITLE: TITLE:
23