HomeMy WebLinkAboutExhibitCITY OF MIAMI POLICE STATION LEASE
THIS LEASE AGREEMENT (the "Lease") is made and entered into this day of
20, ("Commencement Date" by and between BCC Facilities Manager
LLC,("Landlord"), whose address for purposes hereof is 98 S.E. 7th Street , Suite 601, Miami
Florida 33131, and the City of Miami ( "Tenant').
PREMISES: Landlord hereby leases to Tenant and Tenant hereby leases from Landlord,
upon the terms and conditions hereinafter set forth, those certain premises (the
"Premises" consisting of approximately 195 square feet of floor space on the ground
floor of the building commonly known as Brickell City Centre EAST loading dock ("the
Building") located at 701 South Miami Avenue, Miami, Florida 33131, such premises
being more particularly described in the floor plan attached as Exhibit "A" to this lease.
Landlord shall provide the Tenant non-exclusive pedestrian access to the leased premises
through the loading dock from SE 8th Street.
2. TERM: This Lease shall be for a term (the "Term") of five (5) years, unless sooner
terminated or extended as provided herein. The Parties may, at any time after giving
thirty (3 0) days' written notice, terminate the Contract for convenience and without
cause. The Term shall commence on the Commencement Date as noted above.
3. CONDITION OF PREMISES: Tenant acknowledges and agrees that it has previously
inspected the Premises, and Tenant is accepting the Premises in "as is" condition. Tenant
further acknowledges and agrees that the taking of possession of the Premises by Tenant
shall be conclusive evidence against Tenant that the premises were in good and
satisfactory condition when possession was taken and Landlord shall have no obligations
to Tenant with respect to the completion of any tenant finishes and other tenant work
including without limitation to the installation of phone service to the Premises. All work
to be performed by or for Tenant in the Premises to prepare same for Tenant's occupancy
(the "Tenant's Work") shall be subject to Landlord's prior written approval, and
thereafter shall be undertaken by or for Tenant, at Tenant's sole cost and expense.
4. BASE RENT: Intentionally deleted
5. ADDITIONAL RENT: Intentionally deleted
6. USE: The Tenant will use and occupy the Premises for general office and dispatch
purposes of the Miami Police Department Brickell Avenue Patrol, including detainment
of suspects, and for no other use or purpose. In the event that Tenant uses the Premises
for purposes not expressly permitted herein, the Landlord may, in addition to all other
remedies available to it, terminate this Lease, subject to the Default provisions contained
in Section 19 allowing the Tenant to cure.
7. INSURANCE PREMIUMS: Intentionally deleted
8. RULES AND REGULATIONS: Intentionally deleted.
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9. GOVERNMENTAL AND OTHER REQUIREMENTS:
Tenant shall faithfully observe in the use of the Premises all municipal and county
ordinances and codes and all state and federal statutes, rules and regulations now in force
or which may hereafter be in force. In addition, Tenant shall comply with all covenants,
restrictions, rules and regulations administered or adopted by the Brickell City Centre
Project from time to time with respect to the Building, the land on which the Building is
located. Without limiting the generality of the foregoing, Tenant convents and represents
to Landlord that Tenant will not use, generate, manufacture, produce, store, release,
discharge, or dispose of, on, under or about the Premises or transport to or from the
Premises any hazardous materials.
10. SERVICES: Landlord will furnish only the following services to Tenant:
(a) Cleaning Services
(b) Air- cooling and heating as necessary to provide a temperature condition required,
in Landlord's judgement, for comfortable occupancy if the Premises, under normal
business operations. Air conditioning will be provided at no charge. The regular
operating hours are Monday through Sunday 7.00am — lam, Holidays excluded.
Landlord's obligations hereunder are subject to other governmental restrictions on
energy use, as well as other causes beyond Landlord's control
(c) Electric current for lighting and normal office usage as deemed by Landlord to be
normal and usual
d) A working refrigerator and microwave
(e) 2 desks, 2 chairs and water cooler
(f) Restrooms in the retail concourse
(g) Internet service
Such services shall be provided as long as the Tenant is not in default under any of the
terms and provisions of this Lease, subject to interruption caused in whole or in part by
repairs, renovations, improvements, changes of service, alterations, strikes, lockouts,
labor controversies, inability to obtain fuel, power or utility service, accidents,
breakdowns, catastrophes, national or local emergencies, "Acts of God" and conditions
and causes beyond the control of Landlord, and upon such happening, no claim for
damages, for failure to furnish and such services shall be made by the Tenant or allowed
by the Landlord. If any such service shall be interrupted other than upon any of the
foregoing happenings, Tenant shall notify Landlord in writing and Landlord will use its
reasonable efforts to restore such service as soon as reasonably possible.
Tenant shall be solely responsible for payment, and shall promptly pay, all charges for
telephone and other utilities or services with respect to the Premises except as specifically
provided by Landlord above. There shall be no water hook-up provided; however, a
water cooler shall be provided.
Tenant agrees to cooperate fully, at all times, with Landlord in abiding by all reasonable
regulations and requirements which Landlord may prescribe for the proper functioning
and protection of all utilities and services reasonably necessary for the operation of the
Building and the Premises. Landlord, throughout the Term, shall have free access to any
and all mechanical installations in the Premises, and Tenant agrees that there shall be no
construction of partitions or other obstructions which might interfere with moving of the
servicing equipment of Landlord to or from neither Tenant nor its employees, agents,
invitees, licensees or contractors shall at any time tamper with, adjust or otherwise in any
manner affect Landlord's mechanical installations.
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11. TENANT MAINTENANCE AND REPAIR OF PREMISES: Tenant, at Tenant's own expense,
will keep and maintain the Premises continuously in a neat and attractive manner, in good
repair and leasable condition during the Term.
Tenant will make no alterations, additions or improvements in or to the Premises without
the prior written consent of Landlord, which shall not be unreasonably withheld. All
additions, fixtures, carpet improvements shall be and remain a part of the Premises at the
expiration of this Lease.
It is further agreed that this Lease is made by the Landlord and accepted by the Tenant
with the distinct understanding and agreement that the Landlord shall have the right and
privilege to make any building additions and repairs to said Building as it may deem
necessary and advisable without any liability to the Tenant therefore.
12. PARKING: For so long as Tenant is not in default of the terms and conditions of the
Lease, Landlord does hereby grant Tenant a revocable license for the exclusive use of
four (4) unassigned parking spaces at 700 Brickell Avenue. The Parking will be
unassigned, but will be designated by Landlord (and subject to re -designation by
Landlord from time to time, specifically in the case of redevelopment of 700 Brickell
Avenue). Operation and maintenance of the Parking structure may be assigned to, and
title of same may be deeded to, a property owner's association hereafter created or a
separate person or entity, provided that Tenant's parking rights as established by this
Lease shall not be diminished as a result thereof.
13. LOSS DAMAGE: 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 or from the pipes, appliances or plumbing works or
from the roof, street or sub -surface or from any other place of by dampness, humidity or
by any other cause or nature whatsoever, unless caused by or due to the gross negligence
of Landlord, its agents, or employees; nor shall Landlord or its agents be liable for any
such damage caused by other tenants or persons in the Building or caused by construction
of any private, public, or quasi -public work; nor shall Landlord be liable for any latent
defect in the Premises or in the Building. Tenant shall give immediate notice to Landlord
in case of fire or accidents in the Premises or in the Building or of defects therein or in
any fixtures or equipment. Landlord shall not be responsible or liable for the theft, loss or
damage to person or property in, on or about the Premises of the Building.
14. SUBORDINATION OF LEASE ATTORNMENT: This lease is subject and subordinate to any
and all mortgages now or hereafter encumbering the Building, and to any renewals,
extensions and/or modifications thereof, and in the event Landlord's interest in the
Premises is transferred by reason of foreclosure or other proceeding for enforcement of
any such mortgage. Tenant agrees to attorn to and recognize the rights of the transferee of
Landlord's interest in the Premises as if such transferee were the Landlord under the
Lease. This provision shall be self -operative without the execution of any further
instruments. Notwithstanding the foregoing, however, Tenant herby agrees to execute
any instrument(s) which Landlord may deem desirable to further evidence such
attornment and its subordination of this Lease to any and all such mortgages. At the
option of the holder of any such mortgage, upon written notice to Tenant, Tenant will
simultaneously give to such holder a copy of any and all notices to Landlord and such
holder shall have the right (but not the obligation) to cure or remedy any default of
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Landlord during the period that is permitted to Landlord hereunder, plus an additional
thirty (30) days, and Tenant may accept such curative or remedial action (if any) taken by
Landlord's mortgagee with the same effect as if such action had been taken by Landlord.
Tenant may further agree to execute any reasonable modification(s) of this Lease
requested by any mortgagee.
15. ASSIGNMENT: Unless Landlord's written consent is first obtained, Tenant shall not,
directly or indirectly, assign, transfer, mortgage, pledge or otherwise encumber or dispose
of this Lease or sublet the Premises or any part of thereof or permit the Premises to be
occupied by other persons.
16. Intentional Deletion.
17. CASUALTY LOSS: In the event of such fire or other casualty and: (a) the Premises ( or a
material portion thereof) are rendered unleaseable, as aforesaid; or (b) the Building shall
be so damaged that substantial alteration or reconstruction of the Building shall, in
Landlord's opinion, be required (whether or not the Premises shall have been damaged
by such casualty); or (c) in the event any mortgage of Landlord's interest in the Building
should require that the insurance proceeds payable as a result of the casualty be applied to
the payment of the mortgage debt, or (d) in the event of any uninsured loss to the
Building in excess of $100,000.00, then in any such event, Landlord may, at its option,
terminate this Lease by notifying Tenant, in writing of such termination within sixty (60)
days after the date of such casualty. If Landlord does not thus elect to terminate this lease,
Landlord shall commence and proceed with reasonable diligence (subject to delay caused
by force majeure) to repair the Premises. Landlord's obligation to restore shall not require
Landlord to spend for work done by Landlord an amount in excess of the insurance
proceeds actually received by Landlord as a result of the casualty or require Landlord to
exceed the scope of work which was the responsibility of Landlord in initially preparing
the Premises for Tenant or which is necessary to restore the Premises and common areas
of the Building to the condition existing prior to delivery of the Premises and common
areas of the Building to the condition existing prior to delivery of the Premises to the
Tenant, normal wear and tear excepted. When the repairs described in the proceeding
sentence have been completed by Landlord, Tenant shall complete the restoration of all
Tenant improvements which are necessary to permit Tenant's re -occupancy of the
Premises and the restoration of Tenant's furniture, equipment, and fixtures. Landlord
shall not be liable for any inconvenience or annoyance to Tenant or injury to the business
of Tenant resulting in any way from such casualty, damage, or the repair thereof.
1s. CONDEMNATION: In the event that the Premises or any material part thereof is taken for
any public or quasi -public use by condemnation or by right of eminent domain or
purchase in avoidance or settlement of a condemnation or eminent domain proceeding,
Landlord and Tenant agree that this Lease shall be cancelled.
19. DEFAULT: If any one or more of the following events (herein sometimes called "events
of default") shall happen:
(a) if default shall be made by Tenant in the performance of or compliance with any of
the covenants, agreements, terms or conditions contained in this Lease or default in
compliance of any of the rules or regulations adopted for the Building, and such default
shall continue for a period of ten (10) days after written notice thereof from Landlord to
Tenant; or
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(b) if Tenant:
(i) fails to take possession and open for business within thirty (30) days after
commencement of the Term, or
(ii) should vacate, abandon or desert the Premises, or ceases the continual
operation of Tenants business therein,
then in any such event Landlord may at any time thereafter terminate this Lease and/or
retake possession. Provided that such default and all other defaults at the time existing
have not been fully cured, and all expenses and costs incurred by the Landlord, including
reasonable attorneys' fees and court costs, at trial and all appellate levels, in connection
with enforcing this Lease, shall not have been fully paid. Nothing herein contained shall
be construed as precluding the Landlord from having such remedy as may be and become
necessary in order to preserve the Landlord's right or the interest of the Landlord in the
Premises and in this Lease, even before the expiration of the grace or notice periods
provided for in this Lease, if under particular circumstances then existing the allowance
of such grace or the giving of such notice will prejudice or will endanger the rights and
estate of the Landlord in this Lease or in the Premises. All rights and remedies granted in
this Lease to Landlord or available at law or equity shall be cumulative and not mutually
exclusive.
20. WAIVER OF DEFAULT: Failure of Landlord to declare any default immediately upon
occurrence thereof, or delay in taking any action in connection therewith, shall not waive
such default, but Landlord shall have the right to declare any such default at any time and
take such action as might be lawful or authorized hereunder, in law and/or in equity. No
waiver of any term, provision, condition or covenant of this Lease by Landlord shall be
deemed to imply or constitute a further waiver by Landlord of any other term, provision,
condition or covenant of this Lease and no acceptance of Rent or other payment shall be
deemed a waiver of any default hereunder.
21. RIGHT OF ENTRY: Intentionally deleted.
22. INSURANCE/INDEMNITY: Landlord herby acknowledges that Tenant is self-insured. As
such Tenant will provide liability and property damage coverage under its self-insurance
program. Tenant will maintain such coverage in effect for the Term of this Lease.
Without limitation, all of Tenants personal property which may at any time be at, on or
within the Premises shall be at Tenant's sole risk.
Prior to the commencement of the Term and thereafter, upon Landlord's written request
(such request not to be made more than one (1) time in any twelve (12) month period),
Tenant shall furnish to the Landlord a letter evidencing that Tenant has elected to self-
insurance.
23. NOTICE: Any notice to be given Landlord as provided for in this Lease shall be in
writing and shall be sent to Landlord by United States certified mail, postage prepaid,
return receipt requested, addressed to Landlord at Landlord's office at the address set
forth on page 1 hereof, or hand delivered to Landlord at such office. Any notice to be
given Tenant under the terms of this Lease, shall be in writing and shall be sent by United
States certified mail, postage prepaid, return receipt requested, or hand delivered to the
Tenant at the Premises.
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24. COMMON AREAS. All automobile parking areas, driveways, sidewalks, truck way or
ways, loading areas, pedestrian walkways and ramps, landscaped areas, and other areas
and improvements provided by Landlord for the general use, in common, of tenants, their
officers, agents, employees and invitees, shall be at all times subject to the exclusive
control and management of Landlord, and Landlord shall have the right from time to time
to establish, modify and enforce rules and regulations with respect to all such facilities,
areas and improvements, and to do and perform such other acts in and to said areas and
improvements as, in the sole judgment of Landlord, the Landlord shall determine to be
advisable with a view to the improvement of the convenience and use thereof by tenants,
their officers, agents, employees and invitees. Landlord will operate and maintain the
common areas and other facilities referred to above in such reasonable manner as
Landlord shall determine from time to time.
25. CONDITION OF PREMISES ON TERMINATION OF LEASE AND HOLDING OVER:
Tenant agrees to surrender to Landlord, at the end of the Term of this Lease and/or upon
cancellation or early termination of this Lease, the Premises in as good condition as the
Premises were at the beginning Term of this Lease, ordinary wear and tear, and damage
by fire or other casualty not caused by Tenant's negligence accepted. Provided Tenant is
not in default under this Lease, all trade fixtures, alterations, additions and improvements
originally installed by Tenant which are not permanently attached to the Premises shall
remain the Tenant's property and Tenant, at its sole expense shall have the right to
remove same on or before the termination of this Lease, provided further that Tenant
repairs any damage caused by such removal. If Tenant fails to remove any such property
on or before the termination of this Lease at Landlord's option: (a) Tenant shall be
conclusively presumed to have abandoned such property; (b) such property shall become
the property of Landlord and be surrendered with the Premises; (c) Landlord may remove
same in any manner that Landlord shall choose and store same without liability to Tenant
for loss, and the Tenant agrees to pay the Landlord on demand all expenses directly or
indirectly incurred in such removal, storage, and/or sales; and/or (d) Landlord may at its
option without notice, sell such property or any part, at private sale with or without legal
process for such prices as Landlord may obtain and apply the proceeds of such sale to any
amount due under this Lease and to the expenses incident to the removal and sale of said
property or dispose of said property in any manner which Landlord may deem
appropriate or desirable.
Tenant's failure to remove any such property and repair any damage caused thereby on or
before the termination of this Lease shall not relieve Tenant of the obligation to do so.
Tenant agrees that if Tenant does not surrender the Premises to Landlord at the end of the
Term of this Lease, then Tenant will pay all damages that Landlord may suffer on
account of Tenant's failure to so surrender to Landlord possession of the Premises.
Tenant shall provide Landlord with thirty (30) day written notice to Landlord of the
date(s) scheduled by Tenant to move out.
No receipt of money by Landlord from Tenant after termination of this Lease or the
service of any notice of commencement of any suit or final judgement for possession
shall reinstate, continue or extend the Term of this Lease or affect any such notice,
demand, suit or judgement.
No act or thing done by Landlord or its agents during the Term herby granted shall be
deemed an acceptance of a surrender of the Premises, and no agreement to accept a
surrender of the Premises shall be valid unless it be made in writing and signed by a duly
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authorized officer or agent of Landlord.
26. SIGNS: Landlord shall have the right to install signs on the interior and exterior of the
Building and on the exterior of the Premises, and Landlord shall also have the right to
change the Building's name or street address. Anything to the contrary notwithstanding,
Tenant shall not be entitled to place signs of any kind on the exterior of the Building or
Premises or on the interior of the Premises if visible to the exterior, except that Tenant's
standard seal and signage will be installed at Tenant's expense adjacent to the Premises
entrance.
27. TRIAL BY JURY: It is mutually agreed by and between Landlord and Tenant that the
respective parties hereto shall and hereby do waive trial by jury in any action, proceeding
or counterclaim brought by either of the parties hereto against the other on any matters
arising out of or in any way connected with this Lease, the relationship of Landlord and
Tenant, and Tenant's use of occupancy of the Premises. The foregoing shall not preclude
Tenant from pursing any claim of Tenant in an independent action, as may be permitted
by law.
28. INVALIDITY OF PROVISION: If any terra or provision, of this Lease or the application
thereof to any person or circumstances shall, to any extent, be invalid or unenforceable,
the remainder of this Lease or application of such term or provision, to persons or
circumstances other than those as to which it is held invalid or unenforceable shall not be
affected thereby and each term and provision of this Lease shall be valid and be
enforceable to the fullest extent permitted by law.
29. GOVERNING LAW AND VENUE: Governing law for this Lease shall be construed in
accordance with laws of the State of Florida and venue shall be Miami -Dade County.
30. TIME OF ESSENCE: It is understood and agreed between the parties hereto that time is of
the essence of all the terms and provisions of this Lease.
31. SUCCESSORS AND ASSIGNS: All terms and provisions of this Lease to be observed and
performed by Tenant shall be applicable to and binding upon Tenant's respective heirs,
personal representatives, successors, and assigns, subject, however, to the restrictions as
to assignment and subletting by Tenant as provided herein. The obligations of Landlord
contained herein shall be binding upon Landlord, its successors and assigns, subject to
the terms and conditions hereof. All expressed covenants of this Lease shall be deemed
to be covenants running with the land.
32. ATTORNEY FEES: If either party defaults in the performance of any of the terms or
provisions of this Lease and by reason thereof the other party employs the services of an
attorney to enforce performance of the covenants, or to perform any service based upon
defaults, then in any of said events each Party shall be responsible for its own attorney's
fees..
33. MISCELLANEOUS: The terms Landlord and Tenant as herein contained shall include
singular and/or plural, masculine, feminine and/or neuter, heirs, successors, personal
representatives and/or assigns wherever the context so requires or admits. The
"Landlord" shall be the owner of the Premises from time to time, and upon any sale of
the Premises by the present owner, the new owner shall upon acceptance of a deed of
conveyance become bound and liable as Landlord under all of the terms and provisions
hereunder, and the former owner shall automatically be released from all obligations to
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the Tenant hereunder. The terms and provisions of this Lease are expressed in the total
language of this Lease and the Paragraph headings are solely for the convenience of the
reader and are not intended to be all inclusive and shall not be deemed to limit or expand
any of the provision of this Lease. Any formally executed addendum or rider to or
modification of this Lease shall be expressly deemed incorporated by reference herein
unless a contrary intention is clearly stated therein. Anything herein to the contrary
notwithstanding, Landlord shall not be or be deemed to be in default hereunder unless it
has failed to cure its default within a reasonable time following its receipt of notice
thereof. The Exhibit attached to this Lease are hereby incorporated in and made a part
hereof. Nothing in this Lease shall be deemed to create a partnership or joint venture
between Landlord and Tenant, the parties intending their relationship hereunder to be
solely that of Landlord and Tenant. Any consent to be given by Landlord hereunder
should not be deemed effective unless given in writing.
34. TENANT'S AUTHORITY TO EXECUTE LEASE: Tenant, hereby represents and warrants to
Landlord that the Lease has been duly authorized, executed and delivered by and on
behalf of Tenant and constitutes a legal, valid and binding agreement of Tenant
enforceable in accordance with its terms.
[Signature page to follow]
IN WITNESS WHEREOF, the parties hereto have signed, scaled and delivered this Lease in
several counterparts each of which shall be deemed an original, but all constituting a single
agreement, at Dade County, Florida as of the day and year first above written.
ATTEST
By:
Todd B. Hannon
City Clerk
Tenant
City of Miami a municipal
Corporation of the State of Florida
By:
Date Daniel J. Alfonso
City Manager
APPROVED AS TO INSURANCE
REQUIREMENTS:
Ann -Marie Sharpe, Director
Risk Management Department
BCC Facilities Manager LLC
-Eff eA 4' E5
Landlord Name
Wil-"
Lanrd Signature Date
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APPROVED AS TO LEGAL FORM &
CORRECTNESS:
an
Victoria Mendez
City Attorney
EXHIBIT A
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