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Home My WebLink About23076AGREEMENT INFORMATION AGREEMENT NUMBER 23076 NAME/TYPE OF AGREEMENT MIAMI PARKING AUTHORITY DESCRIPTION MPA RENEWAL OF SUBLEASE AGREEMENT -LOT 11 / DEPARTMENT OF OFF-STREET / SKATE FREE, INC EFFECTIVE DATE April 23, 2020 ATTESTED BY NO SIGNATURE REQUIRED ATTESTED DATE NO SIGNATURE REQUIRED DATE RECEIVED FROM ISSUING DEPT. 5/1/2020 NOTE ) 307(0 RFT;7 vE0 2020-I Pt9 2:0 tFF1t2 EO TU Mlr'+PtfCLERK Y 40 N.W. Third Street, Suite 1103 Miami, FI 33128 Phone (305) 373-6789 Fax (305) 371-9451 www.miamiparkinq.com TO: Todd B. Hannon, City of Miami - City Clerk FROM: Miami Parking Authority SUBJECT: MPA Renewal of Sublease Agreement — LOT 11 DATE: April 27, 2020 Enclosed I have attached the Fully Executed and Miami Parking Authority Renewal of Sublease Agreement for Lot 11. Should you have any questions, please feel free to contact me at 305-373- 6789 ext. 227. MIAMI PARKING AUTHORITY RECEIVED RENEWAL OF SUBLEASE AGREEMENT 2020 flA Y _ f Pt! 2, O, (FDOT Parcel No. 622; MPA Lot 11) OFFICE OF THE CITY Cl_I_itl( CITY OF MIAMI THIS RENEWAL OF SUBLEASE AGREEMENT ("First Renewal") is made and entered into this 23 day of 4,0,,; L , 2020, (but effective as of January 26, 2020, the "Effective Date") by and between the Department of Off -Street Parking, d/b/a Miami Parking Authority, an agency and instrumentality of the City of Miami ("City"), located at 40 NW 3`d Street, Suite 1103, Miami, Florida 33128 ("MPA" or "Sublessor"), and Skate Free, Inc., a not for -profit corporation organized and incorporated to do business in the State of Florida, with a principal business address of 1035 N. Miami Avenue, 4th Floor Desk ID, Miami, Florida 33136 ("Sublessee"). The MPA and Sublessee shall collectively be referred to as the "Parties", and each may individually be referred to as a "Party". RECITALS WHEREAS, on January 27, 2015, the Parties entered into that certain Sublease Agreement for the term commencing on January 27, 2015 and ending on January 26, 2020 ("Sublease Agreement"), which is incorporated herein and attached hereto as Exhibit I; and WHEREAS, the Sublease Agreement allows the parking lot space designated as the Florida Department of Transportation ("FDOT") Parcel No. 622 a/k/a MPA Lot 11 ("Premises"), to be used only and solely as a skateboarding facility; and WHEREAS, the Sublease Agreement allows one (1) renewal for an additional term of five (5) years, unless it is terminated prior to the ending date; and WHEREAS, consistent with the Sublease Agreement (and with other agreements referred to below), the Premises continue to be used and operated by Sublessee as a skateboarding facility for the general benefit of the public; and WHEREAS, the Sublease Agreement may be amended by a written document, signed by the Parties; and WHEREAS, the Parties have determined thatit is in the public's best interest to execute this First Renewal in order to extend the Sublease Agreement for an additional period of five (5) years. NOW THEREFORE, in consideration of the mutual promises and covenants set forth herein and other good and valuable consideration, the Parties hereto agree as follows: 1. TERM. The Parties agree to extend the .Term of the Sublease Agreement by five (5) additional years commencing on January 26, 2020 and ending on January 26, 2025. Skate Free, Inc. — Sublease Agreement (RCG) Page 1 of 4 2. SUBORDINATION. This First Renewal is subordinate to all the terms, conditions and specifications contained in that certain Memorandum of Understanding. entered into on July 9, 2018, between the MPA, the City, and Sublessee (attached hereto as Exhibit II and made a part hereof). Additionally, this First Renewal is . subordinate to all the terms, conditions and specifications contained in that certain Airspace Agreement entered into on March 9, 2018, between the MPA and FDOT ("FDOT Lease"), attached hereto as Exhibit III and made a part hereof. 3. COTERMINOUS. This First Renewal is coterminous with the FDOT Lease. To be clear, if the FDOT Lease is terminated, then this First Renewal shall terminate with the same effective date as the date of termination of the FDOT Lease. In the event Sublessee is in default or violates any federal, state, or local laws or regulations, the MPA Chief Executive Officer reserves the right to immediately terminate this First Renewal. 4. SECURITY. Sublessee acknowledges that as of the Effective Date and at all times during the Term hereof, Sublessee shall maintain security measures appropriate to reasonably protect the Premises, adjacent and surrounding properties, patrons, invitees, and employees of Sublessee, as may reasonably be necessary to safely operate the Premises. 5: NOTICES. All notices or other communications, which may be given pursuant to this First Renewal shall be in writing and shall be deemed properly served if delivered by personal service, email, or by certified mail return receipt requested addressed as indicated below: To Sublessor: Terrell Reid Director of Planning & Development Miami Parking Authority 40 NW 3rd Street, Suite 1103 Miami, FL 33128 Phone: (305) 373-6789, ext. 223 Email: Treid@miamiparking.com With a copy to: Email: To Sublessee: Nicholas Katz Corporate Secretary Skate Free, Inc. 41 SE 5th Street, Apt. #1007 Miami, FL 33131 Phone: 3.05 20.5r.9962 9 aids® Roland C. Galdos, Esq. Senior Executive Advisor 40 NW 3rd Street, Suite 1103 Miami, FL 33128 Phone: (305) 373-6789, ext. 228 Email: Rgaldos@miamiparking.com 5.1 Such notice shall be deemed given on the day on which personally served or emailed; or if by certified mail, on the fifth day after being posted or the date of actual receipt, whichever is earlier. Skate Free, Inc. — Sublease Agreement (RCG) Page 2 of 4 6. MISCELLANEOUS PROVISIONS: 6.1 The Parties agree that this First Renewal is hereby incorporated into and made a part of the Sublease Agreement, entered by the Parties on January 27, 2015 for the period commencing on January 27, 2015 and ending on January 26, 2020 (attached hereto as Exhibit I). 6.2 No modification or amendment to this First Renewal shall be valid unless in writing and executed by properly authorized representatives of the Parties. 6.3 This First Renewal shall be binding upon the Parties hereto, their successors in interest, heirs, executors, assigns and personal representatives. 6.4 The MPA is exempt from Federal Excise and State of Florida taxes. The applicable tax exemption number or certificate shall be made available upon request. Sublessee will be responsible - for any and all local business taxes, any . other levies, government impositions,' surcharges, fees, and any other taxes or assessments associated with the use of the Premises. 6.5 In the event of any dispute arising under or related to this First Renewal, each Party is responsible for its own attorney's fees, costs and expenses incurred at all judicial levels, including appeal, until such dispute is resolved with finality. 6.6 All other terms of the Sublease Agreement which have not been modified by this First Renewal, shall remain, in full force and effect. 6.7 This First Renewal may be executed in two or more counterparts, each of which shall constitute an original but all of which, when taken together, shall constitute one and the same agreement. [The remainder of this page is intentionally left blank. Skate Free, .Inc. — Sublease Agreement (RCG) . Page 3 of 4 3a7� IN WITNESS WHEREOF, the Parties have executed this First Renewal by their respective. proper officers duly authorized the day and year first written above. ATTEST: Sublessee r icer or Wi i ess: B Print Name: _Nicolas Katz Skate Free, Inc., -a Florida for profit corporation, "Sublessee": By: Print Name: Richie Effs Title: Secretary Title: President ATTEST: MPA Witness: Depai liiient of Off -Street Parking a/k/a Miami Parking Authority; agency and instrumentality of the City of Miami, "MPA": Q Qt By: Print Name: Wriq CdO Print Name: Alejandra Argudin Title: Chief Executive Officer Skate Free, Inc. — Sublease Agreement (RCG) Page 4 of 4