HomeMy WebLinkAboutExhibit - SUBCOMMERCIAL LEASE
1. PARTIES
THIS DOCUMENT IS A SUBSTITUTION TO
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This Lease is made this— day of 2016 between RONPOPE BELTWAY, L.L.C, a
Florida Limited Liability Corporation ("Landlord"), and the CITY OF MIAMI ("Tenant").
2. DEMISED PREMISES
Subject to the terms and provisions of this Lease, Landlord hereby leases to Tenant and Tenant
hereby leases from Landlord, those certain Premises (the "Premises") located at 3727 Grand Avenue,
Coconut Grove, FL, 33133, in the County of Miami -Dade, State of Florida (the "Building") comprised of
approximately 2,000 gross rentable square feet of space measured from the center of demising walls. A
floor plan of the Premises is attached hereto and labeled "Exhibit C". Tenant waives any objections to the
square footage, configuration, and other physical features of the Premises, and the amount of Base Rent and
all other charges due hereunder.
3. USE OF PREMISES
3.1 Permitted Use. The Premises shall be used and occupied primarily as a substation for
the City of Miami Police Department and the Neighborhood Enlnancoment Team.
3.2 hours of Business. Suitable to Tenant.
3.3 Opening and Continuous Occupancy. Tenant shall have the premise open to the public
and occupy the premises continuously (with no closures in excess of 14 consecutive days without
Landlord's written consent).
3.4 Tenant's Covenants as to Use and Occupancy. Tenant shall exercise reasonable care in
its use of the Premises or Building and shall not do or permit anything to be done in or about the Premises
or Building, nor bring nor lceep anything in the Premises or Building which will in any way affect the fire
or other insurance upon the Building, or any of its contents, or which shall in any way conflict with any
statute, ordinance, rule, regulation, order, law or other requirement (collectively the "Laws") affecting the
occupancy and use of the Premises or Building, which is now, or may hereafter be, enacted or promulgated
by any public authority. Tenant shall not use, or allow the Premises to be used, for any illegal purpose, or
any purpose constituting a public or private nuisance. It is understood by the Parties that Tenant is to
maintain alarm systems, fire extinguishers, emergency exit signs, etc., at Tenant's sole expense, but that any
extraordinary requirements imposed by the Fire Marshall or by changes in applicable codes will be shared
between the Parties, unless such extraordinary requirements are required by the Tenant's use of the
property, in which case, the Tenant shall be responsible solely for any such costs. Tenant shall pay for all
damage and any amounts expended by Landlord to correct a breach by Tenant of this Section. On or prior
to the Commencement Date and at all times during the Term of this Lease and any extensions or renewals
thereof, Tenant shall, at its expense, obtain and maintain all permits, licenses, and other governmental
authorizations which are necessary for the operation of its business in accordance with. Section 3.1.
4. TERM
4.1 The Initial term (the "Initial Term") of this Lease shall be for a period of Five Years
(60 months) commencing 2016 (the Commencement Date") and ending on
, 2021.
4.2 Option Terms. Thre are no Option Terms under the Lease.
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5. LANDLORD'S AND TENANT'S RIGHT TO TERMINATE LEASE
In addition to any other rights that the Landlord and Tenant may have to terminate the Lease for
breach of the Lease Agreement, after June 30, 2017 both the Landlord and the Tenant shall have the
absolute right to terminate the Lease for any reason that each may deem proper, including for the purpose
of redevelopment of the Grand Island Building, of which this premise is a part, or the sale of the property.
If either the Landlord or the Tenant elect to terminate the Lease, it shall give no less than 180 days witten
notice to the other Party.
6. TOTAL BASE RENT
6.1 Base Rent. The Base Rent for months 1-12 of this Lease shall be $2,800.00 per month
plus applicable taxes.
6.2 Yearly increases. Commencing with the payment due in month 13 there will be a yearly
increase of 3% in the amount of the Monthly payments, plus applicable taxes.
6.3 Payment. As rental for the lease of the Premises, Tenant shall pay to Landlord, at
Landlord's address set forth in in this Lease, or at such other place and to such other person as Landlord
may from time to time designate, the rent due as set forth above, is payable in monthly installments, in
advance, without notice, and is due on the first day of each calendar month during the Term of this Lease,
free from all claims, demands, or setoffs against Landlord of any kind or character whatsoever. If the Term
of this Lease shall begin or terminate on other than the fist or last day respectively of a calendar month, all
Base Rent and other charges accruing under this Lease for such portion of the partial calendar month shall
be apportioned and paid on the basis of a thirty day month. In addition to any other sums due under this
Lease, simultaneously with Tenant's execution of this lease, Tenant shall pay Landlord the first month's
rent.
7. TAXES
All payments of Base Rent and any other charges arising under this Lease shall be paid by Tenant
together with applicable Florida sales, use, and any other taxes thereon if applicable. The Tenant shall pay
when due all taxes (whether imposed on the Landlord or Tenant) attributable to the personal property, trade
fixtures, business income, occupancy, or sales of the Tenant or any other occupant of the Premises and to
the use of the Building by the Tenant (collectively the "Business Tax". If the Tenant's Business Tax is
payable by the Landlord, such charge to be computed for the entire period for which the amount is overdue.
All late charges shall be due immediately upon demand by Landlord without set-off or defense.
8. RENT PAST DUE
In the event any installment of Base Rent, or other charges accruing under this Lease shall become
overdue ("overdue" being defined as more than 10 calendar days late), a late charge of fifty dollars ($50.00)
may be charged by Landlord. If any installment of Base Rent, or other charges accruing under this Lease
remain overdue for more than 15 days, an additional late charge in an amount equal to interest at the rate of
1.5% per month (18% per annum) or the maximum permitted by law, on the delinquent amount may be
charged by Landlord, such charge to be computed for the entire period for which the amount is overdue.
All late charges shall be due immediately upon demand by Landlord without set-off or defense.
9. SECURITY DEPOSIT
At lease signing, Tenant shall pay to Landlord the sum of $2,800.00 representing as security
deposit, to be held by Landlord for the full and faithful performance by Tenant of the terms and conditions
of this Lease. Landlord may utilize such part of the security deposit as is necessary to cure any default of
Tenant under this Lease and in such event Tenant shall immediately replace such portions as may be
expended by Landlord. Upon the expiration of this Lease (except arising due to a default by Tenant),
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delivery of the Premises to the Landlord in their original condition, ordinary wear and tear excepted, and
payment to Landlord of any other calurges that may be due, then the security deposit shall be returned to
Tenant without interest. Upon any conveyance of the Building by Landlord to a successor in title, the
successor shall become liable to Tenant for the return of the security deposit and the conveying party
released from same. In the event any installment of Base Rent or other charges accruing under this Lease
shall not be paid when due (including the return of any of Tenant's checks for insufficient or uncollected
funds or otherwise), the Landlord shall have the right, at the Landlord's sole discretion, to require the
Tenant to place with Landlord an additional security deposit (in excess of the original security deposit), of
up to two installments of then current Base Rent, which sum shall be a part of the original security deposit.
The rights of the Landlord shall in no way be limited or restricted by the security deposit, and the Landlord
shall have the absolute right to pursue any available remedies to protect its interests herein, as if the
security deposit had not been made. Tenant will be charged for any checks or payments received by
Landlord from Tenant and returned for "insufficient funds", in addition to any late fees which may be
accrued.
10. IMPROVEMENTS AND DELIVERY OF POSSESSION
Upon taking possession of the Premises,Tenant acknowledges that Tenant has inspected the
Premises and Tenant is accepting the "as is" condition. Any improvements which are permanently affixed
or installed in the Premises (e.g. built-in cabinets and shelving which cannot be removed without damage to
the premises) shall become Landlord's property and remain on the Premises upon the expiration or earlier
termination of this Lease. Notwithstanding anything to the contrary contained in this Lease, the obtaining
and maintenance of all permits, licenses, zoning and governmental authorizations required for Tenant's
business operations shall be Tenant's sole responsibility and at Tenant's sole cost and expense and in no
case shall the obtaining or maintenance of such be a condition to Tenant's obligations hereunder.
11. NEGATION OF PERSONAL LIABILITY
Notwithstanding anything to the contrary herein contained, Tenant agrees that Landlord and, in
case Landlord is a joint venture, partnership, tenancy in common, shall have absolutely no personal liability
with respect to any of the provisions of this Lease, or any obligation or liability arising therefrom or in
connection therewith.
12. RULES AND REGULATIONS
The rules and regulations as may be hereafter adopted by Landlord for the safety, cleanliness and
operation of the Building and the preservation of good order therein and for the most efficient use by all
tenants, agents, employees, invitees, and visitors of the automobile parking spaces provided by Landlord, if
any, are expressly made a part of this Lease and Tenant agrees to comply with such rules and regulations,
which shall be enforced evenly against all Tenants. No rules and regulations shall prohibit the reasonable
use of the Premises by Tenant, its sublessees (as allowed under Section 13 below), their agents, employees,
invitees, and visitors for the purposes permitted by this Lease. The rules and regulations shall be binding
upon the Tenant upon delivery of a copy of them to Tenant. The initial Rules and Regualtions are hereto
attached as Exhibit D.
13. ASSIGNMENT AND SUBLETTING
Tenant without Landlord's prior written approval, shall not be allowed to assign or alternatively,
to sublet, this Lease. Tenant shall not permit the use of the Premises by any person or persons other than
Tenant, nor shall Tenant sublet the Premises, or any part thereof, without the written consent of Landlord.
14. MAINTENANCE AND REPAIRS
14.1 Tenant's Responsabilities. The parties agree that Tenant, except as provided in Section
14.2, Tenant will be responsible, at Tenant's sole costs and expense, and at all times throughout the term
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and any extensions thereof, for all maintenance, repairs, and replacements in, on, or about the Premises and
all equipment and property thereon shall be maintained in good condition, and in substantially the same
condition as same existed upon the Commencement Date, reasonable wear and tear excepted. Tenant's
responsibilities include the replacement, repair, and maintenance of all interior improvements, fixtures,
appliances, equipment, and systems, and HVAC. The plumbing, electrical systems will be repaired and
replaced by Landlord as may be necessary. Tenant shall not commit nor allow any waste or damage to be
committed on any portion of the Building or Premises. Tenant shall be responsible for the sanitation,
storage and daily removal of all garbage generated by Tenant which is to be placed in the dumpster
provided by Landlord. Tenant shall perform the aforesaid maintenance, repairs, replacements, and services
and shall otherwise use the Premises in a manner that is sensitive and consistent with the historic nature of
the West Coconut Grove Historic District. If the Tenant does not make repairs promptly and adequately or
otherwise fails to comply with this Section, the Landlord, after providing Tenant with written notice, may,
but need not, make repairs or correct such failure, and the Tenant shall pay Landlord the cost thereof on
demand.
14.2 Landlord's Responsibilities. Landlord shall maintain and repair the roof and structure
of the Building. The Landlord shall not be liable to the Tenant for any expense, injury, loss, or damage
resulting from work done in or upon, or the use of any adjacent or nearby building, land, parking lot, street,
or alley. The Tenant shall pay the Landlord for all additional expenses actually incurred in the event
repairs, alterations, decorating, or other work performed by Landlord are not made during ordinary business
hours at the Tenant's request. If any damage to the Premises or Building results from any act or neglect of
the Tenant, its employees, agents, invitees, licensees, or contractors, the Landlord may, at the Landlord's
option, repair such damage, whether caused to the Building or to tenants thereof, and the Tenant shall
thereupon pay to the Landlord, upon demand, the total cost of such repairs and damages both to the
Building and to the tenants thereof, plus a sum equal to ten percent (10%) of such cost, representing
Landlord's overhead.
15. ALTERATIONS, ADDITIONS OR IMPROVEMENTS
15.1 Fixtures. Upon installation, all alterations shall become the property of Landlord and
shall remain upon and be surrendered with the Premises. The right, title and interest of Landlord in all or
any portion of the Premises, Building, underlying property or attached fixtures shall not be subject to any
liens arising directly or indirectly out of any improvements, alterations or changes made to the Premises, or
Building, by or on the behalf of Tenant, its officers, employees, services or agents.
15.2 Building and Zoning Codes. Without limitation of the foregoing, and notwithstanding
anything to the contrary elsewhere in this Lease, Tenant acknowledges the applicable government
requirements for the Building, including without limitation the building and zoning codes of the City of
Miami.
15.3 Mechanics Liens. Tenant shall keep the Premises and all parts thereof at all times free of
mechanic's liens and any other lien for labor, services, supplies, equipment, or material purchased procured
by or for Tenant.
The Tenant herein shall not have any authority to create any liens for labor or material on the
Landlord's interest in the Premises and all persons contracting with the Tenant for the construction or
removal of any facilities or other improvements on or about the Premises, and all materialmen, contractors,
mechanics, and laborers are hereby charged with notice that they must look only to the Tenant and to the
Tenant's interests in the Premises to secure the payment of any bill for work done or material furnished at
the request or instruction of Tenant.
16. DESTRUCTION OF PREMISES
If the Premises or the Building shall be destroyed by fire or other cause, or be so damaged thereby
that they are untenantable and cannot be rendered tenantable within a reasonable time from the date of such
damage, considering the extent of the damage, this Lease may be terminated by Landlord or Tenant by
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written notice given to the other within forty-five (45) days after the event causing such untenantability in
which event rent shall cease as of the date of such untenantability and both parties shall be relieved of all
further liability hereunder accruing after the effective cancellation date. If the damage or destruction is not
sufficient to permit a termination of the Lease as above provided, a proportionate reduction shall be made
in the rent herein reserved corresponding to the time during which, and applicable to the portion of the
Premises of which, Tenant shall be deprived of possession. The decision of a licensed Florida architect or
engineer hired by Landlord and approved by Tenant and certified in writing to Landlord and Tenant shall
conclusively be deemed binding on the parties as to: (i) whether the Premises or Building are rendered
untenantable, (ii) whether the Building or Premises can be rendered tenantable within a reasonable time,
(iii) the percentage of the Premises rendered untenantable and the resulting percentage by which rent and
other charges hereunder should abate during the period of untenantability, (iv) the date upon which the
Premises are restored to tenantability. In no event shall Landlord be liable to Tenant for any damages
resulting to Tenant from the happening of such fire or casualty or from the repairing or reconstruction of
the Premises, except where caused by negligence or intentional act of the Landlord, its employees, or
agents, or from the termination of this Lease as herein provided, nor shall Tenant be relieved thereby or in
any such event from the Tenant's obligations hereunder except to the extent and upon the conditions
expressly stated in this Section.
17. ENTRY, INSPECTION, AND OTHER RIGHTS RESERVED TO LANDLORD
Tenant will permit Landlord and its agents to enter the Premises at all reasonable times for the
purpose of examining or inspecting the same, or for the purpose of protecting Landlord's interest, or to
make alterations, repairs, or additions to the Premises or to any other portion of the Building, or for
maintaining any service provided by Landlord to tenants in the Buildirig, or for the purpose of removing
placards, signs, fixtures, alterations or additions which do not conform to this Lease or the rules and
regulations of the Building, or for any other purpose which Landlord deems necessary for the safety,
comfort, or preservation of the Premises or Building and during such operations. Tenant will permit
Landlord at any time within the earlier of (i) one hundred twenty (120) days prior to the expiration of this
Lease or (ii) failure of Tenant to cure a default within 24 hours of notice by Landlord or (iii) to bring
prospective tenants upon the Premises for purposes of inspection, and to put or keep upon the doors or
windows thereof a "For Rent" and/or "For Sale" notice. In furtherance of such rights, Landlord shall retain
a key to the Premises and Tenant shall not install any new locks to the Premises without the prior written
consent of Landlord and unless Tenant furnishes Landlord with a copy of such key. No entry pursuant to
this Paragraph shall in any way be deemed a breach of the covenant of quiet enjoyment. Landlord reserves
the right to change the name and/or street address of the Building without liability of Landlord to Tenant.
18. INDEMNITY
18.1 Landlord shall not be responsible or liable for the theft, loss or damage to person or
property in, on or about the Premises, and/or the Building. Tenant acknowledges and agrees that Landlord
is not responsible for the security of the Premises or the Building in general. Landlord shall not be liable
for any injury or damage to persons or property resulting from fire, explosion, falling plaster, gas,
electricity, water, rain or leaks from any part of the Building.
19. INSURANCE
The Tenant operates a self insured program in accordance and subject to the limitations and
provisions as set forth in Section 768.28 of the Florida Statutes. The Tenant shall provide Landlord with
evidence of such in connection with this agreement.
20. UTILITIES AND SERVICES
Electricity, water and sewer and any other utilities for the Premises shall be separately metered
and billed when possible in the name of Tenant and the cost thereof, together with the cost and performance
of janitorial, telephone, and security service for the Premises shall be Tenant's sole responsibility. Landlord
shall not liable to Tenant for any interruption in the service of any utility. No interruption or failure of
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such utilities or services shall relieve Tenant from the obligation to pay the full amount of rent and other
charges herein reserved, nor shall the same constitute a constructive or other eviction of Tenant.
21. NOTICE
In every instance where it shall be necessary or desirable for the Landlord to serve any notice or
demand upon the Tenant, it shall be sufficient:
To send a written copy thereof by United States certified mail, postage prepaid, addressed to the
Tenant at the Premises, or
All notices or demands shall be signed by the Landlord or its agent. Where the Tenant desires to
serve notice or demand upon the Landlord, such notice or demand shall be sent certified mail return receipt
requested, postage prepaid to Landlord at the following address:
RONPOPE BELTWAY, L.L.C.
3725 Grand Avenue
Coconut Grove, FL. 33133
Any notice to be given to Tenant prior to the commencement or subsequent to Tenant's occupancy
under this Lease shall be sent to Tenant at
City of Miami
Department of Real Estate and Asset Management
444 SW 2nd Ave. 3rd Floor
Miami, FL 33130
Attention: Lease Manager
And
City of Miami
Office of the City Attorney
444 SW 2" d Ave. 9"' Floor
Miami, FL 33130
Attention: City Attorney
Except as otherwise provided herein, notice given by personal delivery shall be effective as of the
date of delivery; notice mailed shall be effective as of the second day (not a Saturday, Sunday, or legal
holiday) next following the date of mailing; notice by Federal Express shall be effective on the next
business day following the date of sending.
22. DEFAULT
Tenant covenants and agrees that any of the following events shall be a default (hereinafter a
"Default") under this Lease:
(i) if any false or materially misleading financial report or statement is furnished or made by
or on behalf of Tenant or any guarantor of any of Tenant's obligations hereunder; or
(ii) if any Base Rent, Percentage Rent, is in arrears, or Tenant fails to pay the same as and
when it becomes due after a 10 day grace period, or
(iii) if Tenant or any guarantor of any of Tenant's obligations hereunder shall fail to perform
or observe or breach any covenant, condition, or agreement to be performed or observed by party hereunder
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or under any guaranty agreement (other than the payment of Rent) after 30 days written notice and
opportunity to cure; or
(iv) if Tenant or any guarantor of any of Tenant's obligations hereunder shall cease doing
business as a going concern, make an.assignment for the benefit of creditors, generally not pay its debts as
they become due, admit in writing its inability to pay its debts as they become due, become insolvent (i.e.
greater liabilities than assets), or take any action looking to its dissolution of liquidation; or
(v) if Tenant or any guarantor of Tenant's obligations should file for relief, or have filed
against them, an action under any provision of any state or federal bankruptcy or insolvency law; or
(vi) if Tenant shall abandon or vacate the Premises; or
(vii) if Tenant fails to pay all charges for gas, sewer, electricity, and other utilities which are
separately metered for the Premises within thirty (30) days after such are due; or
(viii) if applicable governmental authority determines that unpleasant noises, odors, or other
nuisance or nuisances emanate from the premises and Tenant does not take immediate steps to eliminate
such noises and/or odors and/or nuisances or fails to eliminate such noises, odors, or nuisances permanently
within thirty (30) days of notice from said authority; or
(ix) if Landlord has sent Tenant, at any time during the term of this Lease, two notices for the
same type of lease violation which have not been cured.
In the event of any such Default, Landlord may, at its option, without notice, elect any of the
following remedies:
(a) Re -take and recover possession of the Premises, terminate this Lease, and retain Tenant's
security deposit; or
(b) Re -take and recover possession of the Premises, without terminating this Lease, in which
event Landlord may re -rent the Premises as agent for the account of Tenant and recover from Tenant the
difference between the rental herein specified and the rent provided in such re -rental, less all of Landlord's
costs and expenses of re -renting, including, without limitation, attorneys' fees plus all other sums due
hereunder; or
(c) Take any other action as may be permitted at law or in equity.
All of the Landlord's remedies contained in this Lease shall be cumulative and election by
Landlord to take any one remedy shall not preclude Landlord from taking any other remedy not by its
nature absolutely incompatible with any previously or contemporaneously elected remedy. The Landlord
may, at its option, apply any sums received from the Tenant against any amounts due and payable by the
Tenant under this Lease in such manner as the Landlord sees fit and regardless of the express purpose for
which the tender was made and regardless of any endorsement placed on the check by which payment is
made.
23. ATTORNEYS' FEES AND COSTS
Each party shall be responsible for its own legal fees and costs, including costs and fees on appeal,
arising from any litigation between Landlord and Tenant.
24. NON -WAIVER OF BREACH
Landlord's failure to take advantage of any default or breach of covenant on the part of Tenant
shall not be construed as a waiver thereof, nor shall any custom or practice which may grow between the
parties in the course of administering this Lease be construed or to waive or to lessen the right of Landlord
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to insist upon the strict performance by Tenant of any term, covenant or condition hereof, or to exercise any
rights of Landlord on account of any such default. A waiver of a particular breach or default shall not be
deemed to be a waiver of the same or any other subsequent breach or default. No surrender of the Premises
for the remainder of the term hereof shall operate to release Tenant from liability hereunder without
specific agreement of the parties.
25. SUBORDINATION BY TENANT
This Lease and Tenant's rights hereunder, are hereby made expressly subject and subordinate to
any and all security agreements, mortgages, ground or underlying leases, or like instruments resulting from
any financing or refinancing affecting the Premises or Building (or any portion thereof) which are currently
in existence or which may hereafter be created by Landlord, or its successors or assigns, including any and
all extensions and renewals, substitutions, andamendments thereof, and to any and all advances made or to
be made under same (collectively the "Mortgage"). This provision shall be self -operative without the
execution of any further instruments. Tenant agrees to execute any instrument or instruments which the
Landlord may deem necessary or desirable to further evidence the foregoing subordination. Tenant further
agrees to make such reasonable modifications to this Lease (not increasing Tenant's obligations hereunder)
as may be requested by the holder of any such Mortgage (the "Mortgagee").
26. TIME
It is understood and agreed between the parties hereto that time is of the essence of this Lease, and
to all of the terms, conditions, and provisions contained herein. Any time period herein described of ten
(10) days shall mean business days.
27. TRANSFERABILITY BY LANDLORD
Landlord shall have the right to transfer and assign, in whole or in part, all and every feature of its
rights and obligations hereunder as part of a conveyance of the Building and underlying property and, upon
such assignment of this Lease or conveyance of the Building, the Landlord named herein shall be released
from all subsequent obligations or liabilities hereunder which have been transferred, and Landlord's
successor in interest shall become the new Landlord hereunder and responsible to Tenant for all obligations
of Landlord under this Agreement.
28. AMENDMENT OF LEASE
This Lease may not be altered, changed, or amended, except by an instrument in writing, signed
by both parties. This Lease and any exhibits contain the entire agreement reached in all previous
negotiations between the parties hereto and there are no other representations, agreements, or
understandings of any kind, either written or oral, except as specifically set forth herein.
29. CONDEMNATION
In the event all or any material part of the Building shall be taken or condemned for any public or
quasi -public use or purpose, the Landlord may, at its option, terminate this Lease from the time title to or
right to possession of the Building shall vest in or be taken for such public or quasi -public use or purpose.
Tenant shall not be entitled to receive any portion of any award made or paid to Landlord representing the
property or interest of Landlord taken or damaged. Tenant shall have the right to claim and recover from
the condemning authority, but not from Landlord, such special and separate damages as may be recoverable
by Tenant independent of and without diminution of Landlord's recovery. Except as set forth above, any
non -material partial taking shall be treated in the same manner as a casualty loss for which neither party
elects to terminate this Lease, as provided herein.
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30. SURRENDER OF DEMISED PREMISES
Tenant agrees to surrender the Premises at the termination of the tenancy herein created in the
same condition as received by Tenant, reasonable use and wear thereof excepted.
31. HOLDING OVER
In case of holding over by Tenant after expiration or termination of this Lease, Tenant shall be
deemed a Tenant and at sufferance and will be liable for Landlord's damages due to such holdover and, in
addition, shall pay for each month of such holdover period one and one half times the amount of the rent
and other charges accruing for the last month during the term of this Lease. No holding over by Tenant
after the term of this Lease shall operate to extend the Lease, except that Landlord, at its option, by written
notice to Tenant, may elect to consider Tenant's withholding of the Premises as a holdover of this Lease
and treat Tenant as a tenant for another year on the same terms and conditions as are contracted in this
Lease, in which case the total rental shall be one and one half times the rate stipulated herein.
32. QUIET ENJOYMENT
Tenant shall and may peaceably have, hold, and enjoy the Premises subject to the terms of this
Lease and provided Tenant pays the rental herein reserved and performs all the covenants and agreements
herein contained.
33. ATTORNMENT
In the event of any foreclosure of any mortgage encumbering the Building, or deed -in -lieu thereof,
or sale of the Building, Landlord shall be released from all liability hereunder and Tenant shall attorn to the
purchaser upon any such foreclosure or sale and recognize such purchaser as the Landlord under this Lease.
34. ESTOPPEL CERTIFICATE
Within ten (10) days after request therefor by Landlord, Tenant shall deliver to Landlord, in a
form satisfactory to Landlord, a certificate certifying (i) the good standing and absence of default under this
Lease; (ii) the absence of set -offs to charges hereunder; (iii) the validity and completeness of a copy of this
Lease and all amendments to be attached to the certificate; (iv) the amount of pre -paid rent; (v) the amount
of security deposit; (vi) the commencement and expiration dates hereof, (vii) the dates and amounts of the
last made and next due rental installments; and (viii) such other matters as Landlord shall request.
35. SIGNAGE AND WINDOW TREATMENTS
Tenant shall be entitled to place signs in the windows of the Premises, as well as one exterior sign
on the fascia areas of the Grand Island Building provided that (a) Tenant has at Tenant's sole expense
obtained the requisite approvals from the City of Miami and(b) such signage is approved by Landlord
(approval not to be unreasonably withheld).
36. PARKING AND DELIVERY
Tenant shall have non-exclusive use of One (1) on-site parking space in the building's parking lot
immediately behind the building. Other parking for Tenant and Tenant's invitees is "on street."
37. ALARM BOX
Should Tenant install an alarm box, that alarm box must not be visible from the street.
THIS DOCUMENT IS A SUBSTITUTION TO
ORIGINAL. BACKUP ORIGINAL CAN
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38. BROKERAGE
Tenant represents and warrants that there are no brokers involved in this Lease transaction
representing Tenant.
39. RECORDING
Tenant or anyone claiming under Tenant shall not record this Lease or any memorandum thereof
without the prior written consent of Landlord. Landlord shall be entitled, but not required, to record a short
form of memorandum (the "Memorandum") of this Lease. Within five (5) days of written request by
Landlord, Tenant shall execute Landlord's form Memorandum and promptly return such to Landlord.
40. AUTHORITY
Tenant is duly authorized to do business in the state in which the Premises are located, and
Tenant has full right and authority to enter into this Lease, and each of the persons signing on Tenant's
behalf are authorized to do so. In addition, Tenant warrants that it is not necessary for any other person,
firm, corporation, or entity to join in the execution of this Lease to make the Tenant's execution complete,
appropriate and binding.
41. SEVERABILITY
Inapplicability, invalidation, or unenforceability of any one or more of the provisions of this Lease
or any instrument executed and delivered pursuant hereto, by judgment, court order, or otherwise, shall in
no way affect any other provision of this Lease or any other such instrument, which shall remain in full
force and effect.
42. LIEN UPON TENANT'S PROPERTY
Deleted.
43. EFFECT OF UNLAWFUL RETENTION OF PREMISES BY OTHER
Deleted.
44. BINDING EFFECT
This instrument becomes effective as a Lease only upon execution and delivery of both Landlord
and Tenant.
45. TRIAL BY JURY LITIGATION
Tenant and Landlord hereby waive any and all right to a jury trial of any issue or controversy
arising under this Lease, related to the Premises or the relationship of the parties created hereby. Any
litigation arising between the parties shall be maintained solely in the state court of competent jurisdiction
in Miami -Dade County, Florida, and the Landlord, Tenant hereby irrevocably submit themselves to the
jurisdiction of said courts for all purposes in connection herewith.
46. CONCLUSIVENESS OF LANDLORD'S BILLING
If Tenant has any objection or dispute with any billing or invoicing by the Landlord under or
pursuant to this lease, Tenant shall object in writing to the Landlord within 45 days from the date of the
invoice. In the event Tenant fails to so object in writing to any invoice from the Landlord, the parties agree
that it shall be conclusively presumed that such billing is accurate in all respects, that Tenant has no
defenses to the payment of such invoice, and that Tenant is fully liable for the payment of the invoice.
THIS DOCUMENT IS A SUBSTITUTION TO
ORIGINAL. BACKUP ORIGINAL CAN
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47. FORCE MAJEURE
This Lease and the obligations of the Tenant hereunder shall not be affected or impaired and
Landlord shall not be liable in the event Landlord is unable to fulfill any of its obligations hereunder or is
delayed in doing so if such inability or delay is caused by force majeure. The term force majeure as used in
this Lease shall mean Acts of God, labor disputes (whether lawful or not), material or labor shortages,
restrictions by any governmental authority, civil riots, floods or other cause beyond Landlord's control.
48. INTERPRETATION
The captions, sections, clauses, article numbers, section numbers and table of contents, if any, of
this Lease are inserted for convenience only and in no way limit, enlarge, define, or otherwise affect the
scope or intent of the Lease or any provision thereof. The parties hereto intend that the interpretation and
enforcement of this Lease be governed by the laws of the State of Florida. If there is more than one Tenant,
the obligations and liabilities hereunder imposed upon Tenant shall be joint and several. The words
"Landlord" and "Tenant" shall also extend to and mean the successors in interest of the respective parties
hereto and their permitted assigns, although this shall not be construed as conferring upon the Tenant the
right to assign this Lease or sublet the Premises or confer rights of occupancy upon anyone other than
Tenant. All charges due from Tenant to Landlord hereunder, including, without limitation, any charges
against Tenant by Landlord for services or work done on the Premises by order of Tenant, except sales tax,
shall be deemed additional rent, shall be included in any lien for rent, and shall be paid (including sales tax)
without setoff or defense of any kind. Provisions inserted herein or affixed hereto shall not be valid unless
appearing in the duplicate original hereof held by the Landlord and initialed by the Parties hereto. This
Lease and the exhibits, schedules, addenda, riders, and guaranty, if any, attached hereto are incorporated
herein and set forth the entire agreement between the Landlord and Tenant concerning the Premises and
Building and there are no other agreements or understandings between them. This Lease and its exhibits,
schedules, addenda, riders, and guaranty, if any, may not be modified except by agreement in writing
executed by the Landlord and Tenant. Nothing in this Lease creates any relationship between the parties
other than that of lessor and lessee and nothing in this Lease constitutes the Landlord a partner of the
Tenant or a joint venturer or member of a common enterprise with the Tenant.
THIS DOCUMENT IS A SUBSTITUTION TO
ORIGINAL. BACKUP ORIGINAL CAN
BE SEEN AT THE END OF THIS DOCUMENT.
IN WITNESS WHEREOF, Landlord and Tenant have duly executed this Lease in several
counterparts as of the day and year first above written, each of which counterpart shall be considered an
executed original. In making proof of this Lease it shall not be necessary to produce or account for
Witnesses:
Name:
Name:
Witnesses:
(SEAL)
ATTEST:
By:
Todd B. Hannon, City Clerk
APPROVED AS TO LEGAL FORM AND
CORRECTNESS:
go
Victoria Mendez, City Attorney
LANDLORD:
RONPOPE BELTWAY, L.L.C.
A Florida limited liability company
By:
Chirag Desai, Managing Member
TENANT:
CITY OF MIAMI, FLORIDA, a municipal
Corporation of the State of Florida
By:
Daniel J. Alfonso, City Manager
APPROVED AS TO INSURANCE
REQUIREMENTS:
ME
Ann -Marie Sharpe, Director
Risk Management Department
THIS DOCUMENT IS A SUBSTITUTION TO
ORIGINAL. BACKUP ORIGINAL CAN
BE SEEN AT THE END OF THIS DOCUMENT.
EXHIBIT A
Deleted
THIS DOCUMENT IS A SUBSTITUTION TO
ORIGINAL. BACKUP ORIGINAL CAN
BE SEEN AT THE END OF THIS DOCUMENT.
Exhibit B
(Deleted)
THIS DOCUMENT IS A SUBSTITUTION TO
ORIGINAL. BACKUP ORIGINAL CAN
BE SEEN AT THE END OF THIS DOCUMENT.
Exhibit C
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THIS DOCUMENT IS A SUBSTITUTION TO
ORIGINAL. BACKUP ORIGINAL CAN
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THIS DOCUMENT IS A SUBSTITUTION TO
ORIGINAL. BACKUP ORIGINAL CAN
BE SEEN AT THE END OF THIS DOCUMENT.
Exhibit D
Rules and Regulations
1. In the event of any conflict between the terms of these rules and regulations and the express
provisions of the Lease, the express, applicable provisions of the Lease shall control.
2. Tenant, or the employees, agents, servants, visitors, or invitees of Tenant shall not at any time
place, leave, or discard any rubbish, paper, articles, or object of any kind whatsoever outside the doors of
the Premises or in the corridors or passageways of the Premises.
3. Tenant shall not place, or cause or allow to be placed, any sign, placard, picture, advertisement,
notice, or lettering whatsoever, in, about or on the exterior of the Premises or Building except in and at
such places as may be designated by Landlord and consented to by Landlord in writing.
4. Without Landlord's prior approval, Tenant shall not place, or cause, or allow to be placed, any
satellite dish, communications equipment, computer or microwave receiving equipment, antennae, or other
similar equipment about or on the exterior of the Premises. Any such equipment so placed may be removed
by Landlord without notice to and at the expense of Tenant.
5. Canvassing, soliciting, or peddling in the Building and or Premises is prohibited and Tenant shall
cooperate reasonably to prevent same.
6. Only workmen employed, designated, or approved by Landlord may be employed for repairs,
installations, alterations, painting, material moving, and other similar work that may be done in or on the
Premises. Said approval shall not be unreasonably withheld.
7. Tenant shall not bring or permit to be brought or kept in or on the Premises any inflammable,
combustible, corrosive, caustic, poisonous, or explosive substance, or cause or permit any odors to
permeate in or emanate from the Premises.
8. No additional locks or bolts of any kind shall be placed on any door in the Building or the
Premises and no lock on any door therein shall be changed or altered in any respect without Landlord's
prior gpproval. All keys shall be returned to Landlord upon the termination of this Lease. Landlord may at
all times keep a pass key to the Premises. All entrance doors to the Premises shall be left closed at all times
and left locked when the Premises are not in use.
9. Tenant shall give immediate notice to Landlord in case of known theft, unauthonized solicitation,
or accident in the Premises or of known defects therein or in any fixtures or equipment, or of any known
emergency in the Building.
10. Tenant shall not use the Premises or permit the Premises to be used for photographic, multilith or
multigraph reproductions, except in connection with its own business and not as a service for others
without Landlord's prior written permission.
11. Without Landlord's prior permission, no animals or birds shall be brought or kept in or about the
Premises, with the exception of guide dogs accompanying visually handicapped persons.
12. No awnings, draperies, shutters, or other interior or exterior window coverings that are visible
from the exterior of the Building or from the exterior of the Premises within the Building may be installed
by Tenant without Landlord's prior written consent.
THIS DOCUMENT IS A SUBSTITUTION TO
ORIGINAL. BACKUP ORIGINAL CAN
BE SEEN AT THE END OF THIS DOCUMENT.
13. Tenant shall not place, install, or operate within the Premises or any other part of the Building any
engine, stove, or machinery, or conduct mechanical operations therein, without the written consent of
Landlord.
14. No portion of the Premises or any other part of the Building shall at any time be used or occupied
as sleeping or lodging quarters.
15. Tenant shall, at all times keep the Premises neat and orderly.
16. The toilet rooms, urinals, wash bowls, and other apparatus shall not be used for any purpose other
than that for which they were constructed and no foreign substance of any kind whatsoever shall be thrown
therein. The expenses of any breakage, stoppage, or damage resulting from the violation of this rule shall
be borne by the Tenant who (or whose employees or invitees) shall have caused such damage.
17. All tenant modifications resulting from alterations or physical additions in or to the Premises must
conform to all applicable building and fire codes. Tenant shall obtain written approval from the Landlord
prior to commencement of any such modifications and shall deliver as built plans to the management office
upon completion.
18. Persons using the parking area do so at their own risk. Landlord specifically disclaims all liability,
except when caused solely by its gross negligence or willful misconduct, for any personal injury incurred
Tenant or other users of the parking area, their agents, employees, family, friends, guests or invitees, or as a
result of damage to, theft of, or destruction of any vehicle or any contents thereof as a result of the
operation or parking of vehicles.
COMMERCIAL :LEASE
1. PARTIES
SUBSTITUTED
This Lease is made this day of 2016 between RONPOPE BELTWAY, L
Florida Limited Liability Corporation ("Landlord"), and the CITY OF MIAMI ("Tenant"), /
2. DEMISED PREMISES
Subject to the terms and provisions of this Lease, Landlord hereby leases to T pant and Tenant
hereby leases from Landlord, those certain Premises (the "Premises") located at 3 7 Grand. Avenue,
Coconut Grove, FL, 33133, in the County of Miami-Dado, State of Florida (the " Bu' ding") comprised of
approximately 2,000 gross rentable square feet of space measured from the cent of demising walls. A
floor plan of the Premises is attached hereto and labeled " Extzi it .. Tenant w ves an.y objections to the
square footage, configuration, and other physical features of the Premises, and e amount of Base hent and
all other charges due hereunder.
3. USE OF PREMISES
3.1 Permitted Use, The Premises shall: be used an gocupi.ed primarily as a substation for
the City of Miami Police Department and the Neighbo/--aa
cement Team,
3.2 Hours of Business. Suitable to Ten
3.3 Opening and Continuous Occupanshall have the promise open to the public
and occupy the premises continuously (with no c�excess of 14 consecutive days without
Landlord's written consent),
3,4 Tenant's Covenants as to U Viand Occupancy, Tenant shall exercise reasonable care in
its use of the Premises or Building and shall of do or permit anything to be done in or about the. Premises
or Building, nor bring nor keep. anything ' the Premises or Building which will in any way affect the fire.
or other insurance upon the Building, o any of its contents, or which shall in any way conflict with any
statute, ordinance, rule, regulation, or I r,, law or'other requirement (collectively the "Laws") affecting the
occupancy and use of the Premises o uilding, which is now, or may hereafter be, enacted or promulgated
by any public authority. Tenant s not use, or allow the Premises to be used, for any illegal purpose, or
any purpose constituting a pub c or private nuisance, It is understood by the Parties that Tenant is to
maintain alarm systems, fire e inguishers, emergency exit signs, etc., at Tenant's sale expense, but that any
extraordinary requirements}} posed by the Fire Marshall or by changes. in. applicable codes will be shared
between the Parties, unt s such extraordinary requirements are required by the Tenant's use of the
property, in which ease- he Tenant shall be responsible solely for any such costs. Tenant shall pay for all
damage and any amo is expended by Landlord to correct a breach by Tenant of this Section. On or prior
to the Commence Date and at all times during the Term of this Lease and any extensions or renewals
thereof, Tenant s, all, at its expense, obtain and maintain all permits, licenses, and other governmental
authorizations ich are necessary for the operation of its business in accordance with Section 3.1.,
4.
4.1 The Initial term (the "Initial Term") of this Lease shall be. for a period of Five Years
(60 , onths) commencing 2016 (the Commencement Date") and ending on
, 2021.
4.2 Option Terms. Thre are no Option Terms under the Lease.
SUBSTITUTED
5. LANDLORD'S RIGHT TO TERMINATE LEASE
In addition to any other rights that the Landlordmay have to terminate the Lease for Tenant's
breach of the Lease Agreement, after June 30, 2018 the Landlord shall have the absolute right to terminate
the Lease for any reason it deems proper, including for the purpose of redevelopment of the Grand 1 l/nd
-` —`"'" Building; of which thisrezriises is a part, or in the sale of the property: In the Landlord elects to teinate
the Lease it shall give no less than 180 days Witten notice to Tenant, ,/
6. TOTAL BASE RENT
6.1 Base Rent, The Base Rent for months 1-1.2 of this Lease/shadlbe800.00 permonth
plus applicable taxes,
6.2 Yearly increases, Commencing with the payment due in rre will be a yearly
increase of 3% in the amount of the Monthly payments, plus applicable taxes
6.3 Payment. As rental for the lease of the Premises, enant shall pay to Landlord, at
Landlord's address set forth in in this Lease, or at such other place a to such other person as Landlord
may from time to time designate., the rent due as set forth above, ' payable. in monthly installments, in
advance, without notice, and is due on the first day of each calen r month during the Term of this Lease,
free from all claims,. demands, or setoffs against Landlord of an 'nd or character whatsoever. If the Term
of this Lease shall begin or terminate on other than the fist or ast day respectively of a calendar month, all.
Base Rent and other charges accruing under this Lease for rch portion of the partial calendar month shall
be apportioned and paid on the basis of a thirty day m.o. t . In addition to any other sums due under this
Lease, simultaneously with Tenant's execution of this . ease, Tenant shall pay Landlord the first month's
rent..
7. TAXES
All payments of Base Rent and an other charges arising tinder this Lease shall be paid by Tenant
together with applicable Florida sales, us/, and any other taxes thereon if applicable. The Tenant shall pay
when due all taxes (whether imposed o he Landlord or Tenant) attributable to the personal property, trade
fixtures, business income, occupancy or sales of the Tenant or any other occupant of the Premises and to
the use of the Building by the To nt (collectively the "Business Tax", If the Tenant's BusinessTax is
payable by the Landlord, such ch go to be computed for the entire period for which the amount is overdue.
All late charges shall be due 1 1, ediately upon demand by Landlord without set-off or defense.
RENT PAST
In the eventalai installment of Base Rent, or other, charges accruing under this Lease shall become
overdue ("overdue" urg defined as more than 10 calendar days late), a late charge of fifty dollars ($50.00)
may be charged b Landlord. If any installment of Base Rent, or other charges accruing under this Lease
remain overdue r more than 15 days, an additional late charge in an amount equal to interest at the rate of
1,5% per mon (18% .per annum) or the maximum permitted. by law, on the delinquent amount may be
charged by andlord, such charge to be computed for the entire period for which the amount is overdue.
All late chi ges shall be due immediately upon demand by Landlord without set-off or defense,
9. / SECURITY DEPOSIT
At lease signing, Tenant shall pay to Landlord the sum of2$ ,800.00 representing as security
eposit, to be held by Landlord for the full and faithful performance by Tenant of the terms and conditions
of this Lease.. Landlord may utilize such part of the security deposit as is necessary to cure any default of
Tenant under this Lease and in such event Tenant shall immediately replace such portions as may be
expended by Landlord. Upon the expiration of this Lease (except arising due to a default by Tenant),
delivery of the Premises to the Landlord in their original condition, ordinary wear and tear excepted, and
SUBSTITUTED
payment to Landlord of any 'other cahrges that may be due, then the security deposit shall be returned cP �`—
Tenant without interest, Upon any conveyance of. the Building by Landlord to a successor in title he
successor shall become liable to Tenant for the return of the security deposit and the conveyin party
----released from same In the -event -any -installment of Base Rent or other charges -accruing under s•Lease -- ----
shall not be paid when due (including the return of any of Tenant's checks for insufficient o uncollected
fronds or otherwise), the Landlord shall have the right, at the Landlord's sole discretion o require the --
Tenant to place with Landlord an additional security. deposit (in excess of the original se rity deposit), of
up to two installments of then current Base Rent, which sum shall be a part of the orig' al security deposit,
The�rights_of the..;Landlord-shalLin,no_ ay be limited or restricted by the security de sit, and the Landlord.__._.__.-___
shall have the absolute right to pursue any available remedies to protect its i erests herein, as if the
security deposit had not been made, Tenant will be charged for any .check or payments received by
Landlord from. 'Tenant and returned for "insufficient funds", in addition to ny late fees whichmay be
accrued,
10. IMPROVEMENTS AND DELIVERY OF POSSESSION
Upon taking possession of the Premrtises,Tenant ackn Wedges that Tenant has inspected the
Premises and Tenant is accepting the ``as is" condition, Any i rovements which..are permanently affixed
or installed in the Premises (e,g, built-in cabinets and shelvin which cannot be removed without damage to
the premises) shall become Landlord's property and rema" on the Promises upon the expiration or earlier
termination of -this Lease, Notwithstanding anythingity0and
e contrary contained in this Lease, the obtaining
and maintenance of all permits, licenses, zoning. agvernmental authorizations required for Tenant's
business operations shall be Tenant's sole responsi at Tenant's sole cost and expense and in no
case shall the obtaining or maintenance of such be condition to Tenant's obligations hereunder.
11. NEGATION OF PERSONAL
Notwithstanding anything to th contrary herein contained, Tenant agrees that Landlord and, in
case Landlord is a joint venture, partneip, tenancy in common,. shall have absolutely no personal liability
with respect to any of the provision of this Lease, or any obligation or liability arising therefrom or in
connection therewith.
12. RULES AND REGUXATIONS
The rules and reg dations as may be hereafter adopted by Landlord for the safety, cleanliness and
operation of the Building and the preservation of good order therein and for the most efficient use by all
tenants, agents, employ es, invitees, and visitors of the automobile parking spaces provided by Landlord, if
any, are expressly m e a part of this Lease and Tenant agrees to comply with such rules and .regulations,
which shall be enfo ed evenly against all Tenants. No rules and regulations shall. prohibit the reasonable
use of the Premix�j by Tenant, its sublessees (as allowed under Section 13 below), their -agents, employees,
invitees, and vi�.ilors for the purposes permitted by this Lease, The rules .and regulations shall be binding
upon the Tena�it upon delivery of a copy of them to Tenant, The initial Rules and Regualtions are hereto
attached as hibi.t D.
13, /ASSIGNMENT AND SUBLETTING
Tenant without Landlord's prior written approval, shall not be allowed to assign or alternatively,
i/to s blet, this Lease, Tenant shall not permit the use of the Premises by arty person or persons other than
ant, nor shall Tenant sublet the Premises, or any part thereof, without the written: consent of Landlord,
14, MAINTENANCE AND REPAIRS
14,1 Tenant's Responsabilities. The parties agree that Tenant, except as provided in Section
14.2, Tenant, will be responsible, at Tenant's sole costs and expense, and at all times throughout the terra
and any extensions thereof, for all maintenance, repairs, and replacements in, on, or about the Premises and
_S_UBSTITUTE_D
all equipment and property thereon shali_be maintained in_good condition, and in substantially the same
condition, as -same existed upon the Commencement Date, reasonable wear and tear excepted, Tenant's
responsibilities -include the replacement, repair, and maintenance of all. interior improvements, fixtures,
appliances,—equipment; and -systems; and. HVAC; The plumbing, --electrical systems -will-be repaired and.—
replaced by Landlord as. may be necessary, Tenant shall not commit nor allow any waste or damage to b
committed on. any portion of the Building or Premises, Tenant shall be responsible for the sanitat' n,"'
storage and daily removal of all garbage generated by Tenant which is to be placed uh the dun. ster
provided by Landlord, Tenant shall perform the aforesaid maintenance, repairs, replacements, and rvices
_________._.and.shall otherwise use the.Preinises in a manner that is sensitive -and consistent with the histori afire of
the West Coconut Grove Historic District, If the Tenant does not make repairs promptly and a equately or
otherwise fails to comply with this Section, the Landlord, after providing Tenant with writt notice, may,
but need not, make. repairs or correct such failure, and the Tenant shall.. pay Landlord th cost thereof on
demand.
14.2 Landlord's Responsibilities. Landlord shall maintain and repa' the roof and structure
of the Building, The Landlord shall :not be liable to the Tenant for any expens , 'injury,. loss, or damage
resulting from work clone in or upon, or the use of any adjacent or nearby buil ' ig, land, parking lot, street,
or alley. The Tenant shall pay the Landlord: for all additional expenses tually incurred in the event
repairs, alterations, decorating, or other work performed by Landlord. are n made during ordinary business
hours at the Tenant's request, If any damage to the Premises or Buildin results from any act or neglect of
the Tenant, its employees, agents, invitees, licensees, or contractors, e Landlord may, at. the Landlord's
option, repair such damage, whether caused to the Building or t tenants thereof, and the Tenant shall
thereupon pay to the Landlord, upon demand, the total cost o such repairs and damages both to the
Building and to the tenants thereof, plus a sum equal to to percent (10%0) of such cost, representing
Landlord's overhead.
15, ALTERATIONS, ADDITIONS OR
15.1 Fixtures, Upon installation, all orations shall become the property of Landlord and
shall remain upon and be surrendered with the P 6mises. The right, title and interest of Landlord in all or
any portion of the Premises, Building, underly' g property or attached fixtures shall not be subject to any
liens arising directly or indirectly out of any' provements, alterations or changes made to the Premises, or
Building, by or on the behalf of Tonant, its , fficers, employees, services or agents,
1.5.2 Building and Zoni Codes. Without limitation of the foregoing, and notwithstanding.
anything to the contrary elsetvY),
in this Lease, Tenant acknowledges the applicable .governiaent
requirements for the Building, inding without limitation the building and zoning codes of the City of
Miami.
1.5.3 Nfychani s Liens, Tenant shall keep the Premises and all parts thereof at all times free of
mechanic's liens and any/t,_
ny tier lien for labor, services, supplies, equipment, or material purchased procured
by or for Tenant,
The Ten t herein shall not have any authority to create any liens for labor or material on the
Landlord's inter p t in the Premises and all persons contracting with the Tenant for the construction or
removal of an facilities or other improvements on or about the Premises, and all materialmen, contractors,
mechanics,�akrd laborers are hereby charged with notice that they must look only to the Tenant and to the
Tenant's ' terests in the Premises to secure the payment of any bill for work done or material furnished at
the requ t or instruction of Tenant.
16, / DESTRUCTION OF PREMISES
If the Premises or the Building shall be destroyed by ire or other cause, or be so damaged. thereby
,t at they are untenantable and cannot be rendered tenantable within a reasonable time from the data of such
damage, considering the extent of the damage, this Leasemay be terminated by Landlord or Tenant by
written notice given to the other within forty-five (45) days after the event causing such untenantability in
SUBSTITUTED
which event rent shall cease as of the date of such untenantability and. b/ablh
parties shall be relieved all __--
further liability hereunder accruing after the effective cancellation date, Idamage or destructio is not
sufficient to permit a termination of the Lease as above provided, a propnate reduction sha ' e made
in the -rent -herein -reserved corresponding to the time during which, anlicable to the p ion of the-- - — -
Prenuses of which,. Tenant shall be deprived of possession, The decision licensed Flo a architect or
engineer hired by Landlord. and approved by Tenant and certified in wrio .Landlor d Tenant shall
conclusively be deemed binding on the parties as to; (i) whether the Pes or B1 ding are tendereduntenantable, (ii) whether the Building or Premises can be rendered tenle wit n a reasonable time,(iii) the percentage of the Premises rendered untenantable and the resultence age by._which rent:ancl:other charges hereunder should abate during the period of runtenantabiliv the date upon which thePremises are restored to tenantability, In no event shall Landlord. be lo Tenant for any damagesresulting to Tenant from the happening of such fire or casualty or from epairing or' reconstruction ofthe Premises, except where caused. by negligence or intentional. act oLandlord, its employees, or
agents, or from the termination: of this Lease as herein provided, nor s all Tenant be relieved .thereby or in
any such event from the Tenant's obligations hereunder except the extent and. upon the conditions
expressly stated in this Section,
17. ENTRY, INSPECTION, AND OTHER RIGHTS DESERVED TO LANDLORD
Tenant. will permit Landlord and its agents to nter the Premises at all reasonable times for the
Purpose of examining or inspecting the same, or for e purpose of protecting Landlord's interest, or to
make alterations, repairs, or additions to the Pre ses or to any other portion of the Building, or for
maintaining any service provided by Landlord to enants in the Buildirig,. or for the purpose of removing
placards, signs, fixtures, alterations or additi s which do not conform to this Lease or the rules and
regulations of the Building, or for any oth purpose which Landlord deems necessary for the safety,
comfort, or preservation of the Premises Building and during such operations. Tenant will permit
Landlord at any time within the earlier o (i) one hundred twenty (120) days prior to the expiration, of this
Lease or (ii) failure of Tenant to our ,a default within 24 hours of notice by Landlord or (iii) to bring
prospective tenants upon the Premiss for purposes of inspection, and to put or keep upon the doors or
windows thereof a "Fox Rent" and/ r "For Sale" notice, In furtherance of such rights, Landlord shall retain
a key to the Premises and Tena . shall not install any noir locks to the Premises without the prior written
consent of Landlord and unles Tenant furnishes Landlord with a copy of such key, No entry pursuant to
this Paragraph shall in any w y be deemed a breach of the covenant of quiet enjoyment, Landlord reserves
the right to chanthe n
ge a and/or street address of .the Building without liability of Landlord to Tenant,
18. Ili TDEMNITV
18,1 dndlord shall not be responsible or liable for the theft, loss or damage to person or
property in, on c about the Premises, and/or the Building, Tenant acknowledges and agrees that Landlord
is not responsi e for the security of the Premises or the Building in general. Landlord shall not be liable
for any inju or damage to persons or property resulting from fire, explosion,. falling plaster, gas,
electricity, ter, rain or leaks from any part of the Building,
19,
The Tenant operates a self insured program in accordance and subject to the limitations and
is as set forth in Section 768,28 of the Florida Statutes, The Tenant shall provide Landlord with
of such in connection with this agreement,
20. UTILITIES AND SERVICES
Electricity, water and sewer and any other utilities for the. Premises shall be separately metered
and billed when possible in the name of Tenant and the cost thereof, together with the cost and performance.
of janitorial, telephone, and security service for the Promises shall be Tenant's sole responsibility. Landlord
shall not liable to Tenant for any interruption in the service of any utility. No interruption or failure of
_ SUBSTITUTED
such utilities or services shall relieve Tenant from the obligation to pay the full amount of rent and other
charges herein reserved, nor shall the same constitute a constructive or other eviction of Tenant,
_ ...,. 21:._... NOTICE ...--- --- ......_ _.......-_..._ .--------
In
--- In every instance where it shall be necessary or desirable for the Landlord to s e any notice or
demand upon the Tenant, it shall be sufficient:
To send a written copy thereof by United States certified mail, postage p paid, addressed to the .... ..._..
Tenant at the Premises, or.
All notices or demands shall be signed by the Landlord or its ager Where the Tenant desires to
serve notice or demand upon the Landlord, such notice or demand shall be ent certified mail return receipt
requested, postage prepaid. to Landlord at the following address;
RONPOPE BELTWAY', L.L.C,
3725 Grand Avenue
Coconut Grove, FL, 3:3133
Any notice to be given to Tenant prior to the comme cement or subsequent to Tenant's occupancy
under this Lease shall be sent to Tenant at
City of Miami
Department. of Real Estate and Asset
444 SW 2°1 Ave. 3rd Floor
Miami, FL 33130
Attention: Lease Manager
And
!' City of Miami
Office of the City Attorney
444 SW 2°d Ave. 91h Floor
Miami, FL 33130
I Attention: City Attorney/
Except as otherwise iovided herein, notice given by personal delivery shall be effective as of the
date of delivery;. notice ma' ed. shall be effective .as of the second day (not a Saturday, Sunday, or legal
holiday) next following t e date of mailing; notice by Federal Express shall be effective on the next
business day following t� date of sending,
22. DEFAULT
Tenantvenants and agrees that any of the following events shall be a default (hereinafter a
"Default") unde this Lease:
(i) if any false or materially misleading financial report or statement is furnished or made by
or on beha of Tenant or any guarantor of any of Tenant's obligations hereunder; or
i
/-t
ii) if any Base Rent, Percentage Rent, is in arrears, or Tenant fails to pay the same as and
comes due after a 10 day grace period, or
iii) if Tenant or any guarantor of any of Tenant's obligations hereunder shall fail to perform
or breachany covenant, condition, or -agreement to be performed or observed by party hereunder
i
SUBSTITUTED
or under any guaranty agreement (other than the payment of Rent) after 30 days written notice and --
opportunity to cure; or
(iv) ----if Tenant or any guarantor of any of Tenant's obligations hereunder, shall cease do' -- ---
business as a going concern, make an assignment for the benefit of creditors, generally not pay its deb as
they become due, admit in writing its inability to pay its debts as they become due, become insolve ((ix,
greater liabilities than assets), or take any action looking to its dissolution of liquidation; .or
...... .if Tenant or.any guarantor of Tenant's obligations. should file for relief, • have filed._...-
against them, an action under any provision of any state or federal bankruptcy or insolvency w; or
(vi) if Tenant shall abandon or vacate the Premises; or
(vii) if Tenant fails to pay all charges for gas, sewer, electricity, and or futilities which are
separately metered for the Premises within thirty (30) days after such are due; or
(viii) if applicable governmental authority determines that unpl sant noises; odors, or other
nuisance or nuisances emanate from the .premises and Tenant does not tan immediate steps to eliminate
such noises and/or odors and/or nuisances or fails to eliminate such noise odors, or nuisances permanently
within thirty (30) days of notice from said authority; or
(ix) if Landlord has sent Tenant, at any time during th term of this Lease, two notices for the
same type of lease violation which have not been cured.
In the event of any such Default, Landlord may, its option, without notice, elect any of the
following remedies:
(a) Re -take and recover .possession ofth remises, terminate this ;Lease, and retain Tenant's
security deposit; or
(b) Re -take and recover po/-i
f the Premises, without terminating this Lease, in which
event Landlord may re -rent the Premisesfor the account of Tenant and recover from Tenant the
difference between the rental herein specific he rent provided in such re -rental, less all of Landlord's
costs and expenses of re -renting, incluout limitation, attorneys' fees plus all other sums due
hereunder; or
(o) Take any other act/n as may be permitted at law or in equity,
All of the Landlord's medics contained in this Lease shall be cumulative and election by
Landlord to take any one re dy shall not preclude Landlord from taking any other remedy not by its
nature absolutely incompati e with any previously or contemporaneously elected remedy, The Landlord
may, at its option, apply a sums received from the Tenant against any amounts due and payable by the
Tenant under this Lease ' . such manner as the Landlord sees fit and regardless of the express purpose for
which the tender was ado and regardless of any endorsement placed on the check by which payment is
made,
23, ATT0 M.EYS' V, EES AND 'C0STS
ac arty shall be responsible for. its own legal fees and costs, including costs and fees oil-appeal,arisilng fro any litigation between Landlord and Tenant,
24. /NON -WAIVER OF BREACH
Landlord's failure to take advantage of any default or breach of covenant on the part of Tenant
not be construed as a waiver thereof, nor shall any custom or practice which may grow between the
s in thecourse of administering this Lease be construed or to waive or to lessen the right of Landlord
SUBSTITUTED
to insist upon: the strict performance by Tenant of any term, covenant or condition hereof, or: to exercise any
rights of Landlordon account of any such default. A waiver of a particular breach or default shall not be
deemed to be a waiver of the same or any other subsequent breach or default. No surrender of the Premises
for the remainder -of -the term -hereof shall operate to release Tenant from liability hereunder-withau —
specific agreement of the parties.
25. SUBORDINATION BY TENANT
._- __. _...._.This Lease. and Tenant's rights hereunder, are hereby made expressly subject and bordinate to
any and all security agreements, mortgages, ground or underlying leases, or like instrume resulting from
any financing or refinancing affecting the Premises or Building (or any portion thereo ch are currently
in existence or which may hereafter be created by Landlord, or its successors or asst s, including any an
all extensions and renewals, substitutions, and amendments thereof, and to any and. 1 advances made or to
be made under. same (collectively the '"Mortgage"), This provision shall be f operative without the
execution of any further instruments. Tenant agrees to execute any instrume or instruments which the
Landlord may deem necessary or desirable to further evidence the foregoin subordination. Tenant further
agrees to snake such reasonable modifications to this Lease (notincreasin onant's obligations hereunder)
as may be requested by the holder of any such Mortgage (the "Mortgage . ),
26. TIME
It is understood and agreed between the parties keret hat time is of the essence of this Lease, and
to all of the terms, conditions, and provisions contained h ein, .Any time period herein described of ten
(10) days shall paean business days,
27. TRANSFERABILITY BY LANDLORD
Landlord shall. have the right to transfer d assign., in whole or in part, all and every feature of its
rights and obligations hereunder as part of a co vcyance of the Building and underlying property and upon
such assigaain;ent of this Lease or con,veya.nc of the Building, the Landlord named herein s11a11 be released
front all subsequent obligations or li.ab�a ies hereunder which have been, transferred, and Landlord's
successor in interest shall become the n.e� Landlord hereunder and responsible to Tenant for all obligations
of Landlord under this Agreement. 7
28. AMENDMENT OF
This Lease may notye altered, changed, or amended, except by an instrument in writing ,signed
by both. parties. This Le e and any exhibits contain the entire agreement reached in all previous
negotiations between parties hereto and there are no other representations, agreements, or
understandings of any 1 ' d, either written or oral, except as specifically set North herein,
29. CONDEMA-ATION
In thetent all or any material part of the Building shall be, taken. or condemned for any public or
quasi -public te or purpose, the Landlord may, at its option, terminate this Lease from the time title to or
right to yor%torest
ssion of the Building shall vest in or be taken for such public or quasi -public use or purpose.
Tenant sot be, entitled to receive any portion of any award made or paid to Landlord representing the
property of Landlord taken or damaged, Tenant shall have the right to claim and recover from
the co owning authority, but not from Landlord, such special and separate damages as may be recoverable
by T pant independent of and without diminution of Landlord's recovery. except asset forth above, any
no -material partial taking shall be treated in the same manner as a casualty loss for which neither party
ects to terminate this Lease, as .provided herein.
SUBSTITUTED
30. SURRENDER OF, DEMISED PREMISES
Tenant agrees tosurrender the Premises at the termination of the tenancy herein created.
condition as received .by Tenant, reasonable use and wear thereof
31. HOLDING OVER
the
In case of holding over by Tenant after expiration or termination of this/tlio
Tenant shall be
---......-..-. deemed a Tenant and at sufferance and will be liable for Landlord's damages duo holdover and,
addition, shall pay for each month of such holdover period one and one half timmount of the rent
and other charges accruing for the last :month daring the. term of this Lease. holding over by Tenant
after the term of this Lease shall operate to extend the Lease, except that Lan ord, at its option, by written
notice to Tenant, may elect to consider Tenant's withholding of the Pren ' es as a holdover of this Lease
and treat Tenant as a tenant for another year on the same terms and c di ions as are contracted in this
Lease, 'in which case the total rental shall be one and one half times the ate stipulated herein.
31 QUIET ENJOYMENT
Tenant shall and may peaceably have, hold., and cr 'oy the Premises subject to the terms of this
Lease and provided Tenant pays the rental herein reserve nd performs all the covenants and agreements
herein contained.
33. ATTORNMENT
In the event of any foreclosure of any i ortgage encumbering the Building, or deed -in -lieu thereof,
or sale of the Building, Landlord shall be role ed from all liability hereunder and Tenant shall attorn to the
purchaser upon any such foreclosure or sale nd recognize such purchaser as the Landlord under this Lease.
34. ,ESTOPPEL CERTII'ICA
Within ten (10) days afto request therefor by Landlord, Tenant shall deliver to Landlord, in a
form satisfactory to Landlord, a c rtificate certifying. (i) the good standing and absence of default under this
Lease; (ii) the absence of set -o s to charges hereunder; (iii) the validity and completeness of a copy of this
Lease and all amendme/thoommencoment
e attached to the certificate; (iv) the amount of pro -paid rent; (v) the amount
of security deposit; (vi) and expiration dates hereof, (vii) the dates and. amounts of the
last made and next due rstallments; and (viii) such other matters as Landlord shall. request.
35. SIGNAGE XND WINDOW TREATMENTS
Tenant s all be entitled to place signs in the windows of the Premises, as well as one exterior sign
on: the fascia are s of the Grand Island Building provided that (a) Tenant has at Tenant's sole expense
obtained the x uisite approvals from the City of Miami and(b) such signage is approved by Landlord.
(approval no to be unreasonably withheld),
36. JARIONG AND DELIVERY
Tenant shall have non-exclusive use of One (1) on-site parking space in the building's parking lot
toly behind the building, Other parking for Tenant and. Tenant's invitees is "on street."
Should Tenant install, analarm. box, that alarm box must not be visible from the street,
SUBSTITUTED
38, BROKERAGE
Tenant represents and warrants that there are no brokers involved in this Lease trarrsaotio '
Tenant.
39. RECORDING
Tenant or anyone claiming under: Tenant shall not record this Lease or any memor. dtun thereof
----- -- - without the prior written consent of Landlord. Landlord shall be entitled, but not required, record a shout .. ... -..._-
forrn of memorandum (the "Memorandum") of this Lease. Within five (S) days of ritten request by
Landlord, Tenant shall execute Landlord's form Memorandum and promptly return su to Landlord,
40. AUTHORITY
Tenant is duly authorized to do business in the state in which e Premises are located, and
Tenant has full .right and authority to enter into this Lease, and each of c persons signing on Tenant's
behalf are authorized to do so, In addition, Tenant warrants that it is t necessary for any other person,
firm, corporation, or entity to join in the execution of this Lease to rsce the Tenant's execution complete,
appropriate and binding.
41. SEVERABILITY
Inapplicability, invalidation, or unenforceab/aother
ny one or more of the provisions of this Lease
or any instrument executed and delivered pursuant hy judgment, court order, or otherwise, .shall in
no way affect any other provision of this Lease or such instrument, which shall remain in .full
force and effect,
42,. LIEN UPON TENANT'S PRO
Deleted,
43, EFFECT OF UNLAWFUL R9TENTION OF PREMISES BY OTHER
Deleted.
44. BINDING EFFECT
This instrument becomes effective as a Lease only upon execution and delivery of both Landlord
and Tenant. /
45, TRIAL BY YURY LITIGATION
Tenant a d Landlord, hereby waive any and all right to a jury trial of any issue or controversy
arising under t 's Lease, related to the Premises or the relationship of the parties created hereby. Any
litigationiris' g between the parties shall be maintained solely in the state court of competent jurisdiction
in Miami -D de County, Florida, and the Landlord, Tenant hereby irrevocably .submit themselves to the
jurisdi.ctio of said courts for all purposes in connection herewith.
46. / CONCLUSIVENESS OF LANDLORD'S BILLING
If Tenhas any objection or dispute with any billing or invoicing by the Landlord under or
suant to thisanlet ase, Tenant shall object in writing to the Landlord within 45 days from the date of the
Invoice. In the event Tenant fails to so object in writing to any invoice from the Landlord, the parties agree
that it shall be conclusively presumed that such bilking is accurate in all respects, that Tenant has no
defenses to the payment of such invoice, and that Tenant is fully liable for the payment of the invoice,
47, FORCE MAJEUItE .-SUBSTITUTED,'
This Lease and the obligations of the Tenant hereunder shall not be affected or impa'n"d and
--`---Landlord shall not be liable in the event Landlord is unable to fulfill any of its obligationsor is --- — -- -
delayed in doing so if such inability or delay is caused by force majeure, The term force ma j � to as used in
this Tease shall mean Acts of God, labor disputes (whether lawful or not), material o abor shortages,
restrictions by any governmental authority, civil riots, floods or other cause beyond La ord's control,
48. INTERPRETATION �. ....._----...._._... __
. The captions, sections, clauses, article numbers, section numbers did table .of contents, if any, of
this Lease are inserted for convenience only and in no way limit, enlar define, or otherwise affect .the
scope or intent of the Lease or any provision thereof. The parties her o intend that the interpretation and
enforcement of this Lease be .governed by the laws of the, State ofP rida. If there is more than one Tenant,
the obligations and liabilities hereunder imposed upon Tena shall be joint and several, The words
"Landlord" and "Tenant" shall also extend to and mean. the s cessors in interest of the respective parties
hereto and their permitted assigns, although flus shall: not e construed as conferring upon the Tenant the
right to assign this Lease or sublet the Premises or co r rights of occupancy upon anyone other than
Tenant. All charges Clue from Tenant to .Landlord he under, including, without limitation, .any charges
against Tenant by Landlord for services or work do on the Premises by order of Tenant, except sales tax,
shall be deemed additional rent, shall be included' any lien for rent, and shall be paid (including sales tax)
without setoff or defense of any kind, Provision . inserted herein or affixed hereto shall not be valid unless
appearing in the .duplicate original hereof he by the .Landlord and initialedby the Parties hereto. This
Lease and the exhibits, schedules, addenda riders, and guaranty, if any, attached hereto are incorporated
herein and set forth the entire agreement etween the Landlord and Tenant concerning the Premises and
Building and there are no other agree nts or understandings between there, This Lease and its exhibits,.
schedules, addenda, riders, and gu nty, if any, may not be modified except by agreement in writing
executed by the Landlord and Ten t, Nothing in this Lease creates any relationship between the parties
other than that of lessor and les ee and nothing in this Lease constitutes the Landlord a partner of the
Tenant or a joint venturer or in bei of a common enterprise with the Tenant.
SUBSTITUTED
IN WITNESS WREREOF, Landlord and Tenant have duly executed this Lease in sever I
counterparts as of the day and year first above written, each of which counterpart shall be consider Zarn'
executed original, In making proof of this Lease it shall not be necessary to produce or account for
.. .... ..... .......
Witnesses: LANDLORD:
.. ... . ......
RONPOPE BELTWAY L, LIC,
Name: A Florida limited liability
Name:
Witnesses:
(SE -AL)
ATTEST:
By:
Todd B, Hannon, Cit Clerk
AS TO LEGAL FORM AND
3 S S:
By:/
/Victoria -M6ndczCity Attorney
By; --I/
Chirag Desai, Mana/igiMember
CITY OF MIAMI, FLORIDA, a municipal
Corporation of the, State of Florida
By:
Daniel J. Alfonso, City Manager
APPROVED AS TO INSURANCE
REQUIREMENTS,:
By: -
Ami -Marie Sharpe, Director
Risk Management Department
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Exhibit b
Rules and Regulations
1. In the event of any conflict between the terms of these rules and regul/notat
ess
provisions of the Lease, the express, applicable provisions of the Lease shall control.
__..............-2, Tenant, or the employees, agents, servants, visitors, or invitees of Tenae
place, leave, or discard any rubbish, paper, articles, or object of any kind what Bever outside the doors of
the Premises or in the corridors or passageways of the Premises.
3. 'Tenant shall not place, or cause or allow to be placed, any A placard, picture, advertisement,
notice, or lettering whatsoever, in, about or on the exterior of the Pr raises or Building except in and at
such places as may be designated by Landlordand consented to by I ndl.ord in writing,
4. Without Landlord's prior approval, Tenant shall not ace, or cause, or allow to be placed, any
satellite dish, communications equipment, computer or micr ave receiving equipment, antennae, or other
similar equipment about or on the exterior of: the Premises, y such equipment so placed may be removed.
by Landlord without notice to and at the expense of Ten t.
S, Canvassing, soliciting, or peddling in the ilding and or Premises is prohibited and Tenant shall
cooperate reasonably to prevent same,
6. Only workmen employed, designat , or approved by Landlord may be employed for repairs,
installations,. alterations, painting, material ovang, and other similar work that may be done in or on the
Premises, Said approval shall not be unrea onably withheld,
7, Tenant shall not bring or pe it to be brought or kept in or on the Premises any inflammable,
combustible, corrosive, caustic, p 'sonous, or explosive substance, or cause or permit any odors to
permeate. in or emanate from. the P emises.
& No additional looks r bolts of any kind shall be placed on any door in the Building or the
Premises and no lock on. a door therein shall, be changed or altered in any respect without Landlord's
prior c�pprovcil, 1111 keys s 11 be returned to Landlord upon the termination of this Lease, Landlord may at
all times keep a pass key o the Premises. All entrance doors to the Premises shall be left closed at all times
and left locked when t Premises are not in use,
9.. 'Tenant sh),t give immediate notice to Landlord in case of known theft, unauthonized solicitation,
or accident in the remises or of known defects therein or in any fixtures or equipment, or of any known
emergency in/1,1t
Building.
10, To hall not use the Premises or permit the Premises to be used for photographic, multilith. or
multigrap reproductions, except in connection with its own business and not as a service for others
without I ndlord's prior written permission.
11. Without Landlord's prior permission, no animals or birds shall be brought or kept in or about the
Pre ices, with the exception of guide dogs accompanying visually hlndicapped. persons.
No awnings, draperies, shutters, or other interior or exterior window coverings that are visible
ora the exterior of the Building or from the exterior of the Premises within the Building may be installed
by Tenant without Landlord's prior written consent.
SUBSTITUTED
D, 'I onant shall not place, install, or operate within the Promises or any other part of the Buildi any
engine, stove, or machinery, or conduct mechanical operations therein, without the written 00 ent of
Landlord,
14, No portion of the Premises or any other part of the Building shall at any time be ed or occupied
as sleeping or lodging quarters.
15, Tenant shall, at all times keep the Promises neat and orderly.
16. The toilet rooms, urinals, wash bowls,, and othorapparaws shall not oused for any purpose other
than that for which they were constructed and no foreign substance of any nd whatsoever shall be thrown
therein. The expenses of any breakage, stoppage, or damage resulting om the. violation of this rule shall
be borne by the Tenant who (or whose employees or invitees) shall ha e caused such damage,
17. All tenant modifloations resulting from alterations or p.. sical additions in or to the Premises must
Gonform to all applicable building and fno codes, Tenant sha obtain written approval from the :Landlord
prior to commencement of any such modifications and shall oliver as built plans to the management office
upon completion.
18. Persons using. the parking area do so at their wn risk. Landlord specifically disclaims all liability,
except when caused solely by its gross negligence r willful misconduct, for any personal injury incurred
Tenant or other users of the parking area, their as nts, employees, family, friends, guests or invitees; or as a
result of damage to, theft of, or destruction f any vehicle or any contents thereof as a result of the
operation or parking of vehicles,,