RESOLUTION 87-18981 RESOLUTION NO. 87-18981
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF MIAMI BEACH AUTHORIZING THE MAYOR AND
THE CITY CLERK TO EXECUTE A CONSENT TO THE
SUBLEASE OF A PORTION OF THE SEVENTH (7TH)
FLOOR OF HISTORIC CITY HALL FROM FRANKEL &
ASSOCIATES, INC. TO ROBERT BLUM & COMPANY.
WHEREAS, the City of Miami Beach (hereinafter referred to as
"City" ) entered into a Lease Agreement (hereinafter referred to
as "Lease" ) on March 16 , 1987 with Frankel & Associates , Inc .
(hereinafter referred to as "Lessee" ) for the eighth ( 8th) floor
and a portion of the seventh ( 7th) floor in Historic City Hall ;
and
WHEREAS , pursuant to the Lease , Lessee has an option to
lease approximately 915 feet of the seventh ( 7th ) floor ,
specified as "L-7B" in Amended Exhibit A to the Lease; and
WHEREAS, Lessee has notified the City of its intent to
exercise the option , which exercise is to become effective at
such time as the City consents to the proposed Sublease between
Lessee and Robert Blum & Company ( hereinafter referred to as
"Sublessee" ) ; and
WHEREAS, the City wishes to consent to the proposed Sublease
between Frankel & Associates , Inc . and Robert Blum & Company
dated September 8, 1987 , a copy of which is attached hereto.
NOW THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF
THE CITY OF MIAMI BEACH that the Mayor and the City Clerk are
hereby authorized to execute the Consent to the Sublease of a
portion of the seventh ( 7th) floor of Historic City Hall from
Frankel & Associates, Inc. to Robert Blum & Company.
PASSED AND ADOPTED this 16th day of September , 1987 .
Allert 'au"
MAY• •
ATTEST:
1' ORM APPkU t_
CITY CLERK �LEGAL DEPT.
PNB/mr
09/09/87A
Date 9 9.,,ZEZ
fr
FLORIDA 3 3 1 3 9
VACATlONLAND U. S. A.
)FFICE OF THE CITY MANAGER CITY HALL
ROB W.PARKINS 1700 CONVENTION CENTER DRIVE
CITY MANAGER TELEPHONE: 673-7010
COMMISSION MEMORANDUM NO. 6.2
I-21
DATE: September 16, 1987
TO: Mayor Alex D- • d and
Members o ; e City C. iss !ID
i
- '
FROM: Rob W. Par'
City Manager
SUBJECT: SUBLEASE AGREEMENT BETWEEN FRANKEL AND
ASSOCIATES, INC., AND ROBERT BLUM AND COMPANY, FOR
THE BALANCE OF THE 7TH FLOOR OF HISTORIC CITY HALL
Background:
The City of Miami Beach, as Lessor, and Frankel and Associates, Inc,Agreement dated > as Lessee, entered
Into a Lease
March 16, 1987, as amended, for the 8th floor and one-half of
the 7th floor, with an option to lease the remainder of the 7th floor, of Historic
located at 1130 Washington Avenue. City Hall
Current Status:
Frankel and Associates, Inc., would like to exercise their on option the
floorpremises in Historic Citypbalance of the 7th
Hall, subject to the City Commission's approval of a Sublease
Agreement between Frankel and Associates, Inc., and Robert Blum and
Company.
The Lease Agreement provides that the City of Miami Beach mus i
c' consent in writing to the
sublease of Frankel and Associates,.iates, Inc., of any of its space. Prior to the exercise of the
option, the rental to the City was $997.50 per month plus tax, and after the
option space the total exercise of the
915 square foot
p rent will be $1,455 per month plus tax. The rent for
the additional optioned space shall commence upon the City's issuance of a w
y ritten approval
of the Sublease Agreement.
ADMINISTRATION RECOMMENDATION:
The City Administration recommends that the City Commission approve the Sublease
Agreement by and between Frankel and Associates, Inc., and Robert Blum ando
C m pany.
RWP:WHH:blb
Attachments
14
AGENDA
ITEM
DATE q- 14, -81
CONSENT TO SUBLEASE
The City of Miami Beach, Lessor under that certain Lease
Agreement between the City of Miami Beach and Frankel &
Associates , Inc. , dated March 16 , 1987 , hereby consents to the
Sublease dated September 8, 1987 between Frankel & Associates ,
Inc . , a Florida corporation, and Robert Blum & Company, a sole
proprietor , a copy of which Sublease is attached hereto and by
reference made a part hereof .
Dated this /7 day of September , 1987 .
CITY OF MIAMI BEACH
A .`
op- MAYI
ATTEST: `-7{ ;�'�E��L�� ii�,d C
U EPT.
tpc‘37_, ,,--
CITY CLERK
Date_2!/2/22___
PNB/mr
09/11/87r-1
SUBLEASE AGREEMENT
This Sublease is made on
Beach, Florida, between . 1987 at Miami
FRANKEL & ASSOCIATES, INC. , a Florida
corporation, hereinafter called "Sublessor, " and ROBERT BLUM &COMPANY, a Sole Proprietor, hereinafter called "Sublessee. "
WITNESSETH :
1 . Demise and Descri tion of Pro ert . Sublessor
leases to Sublessee and Sublessee hereby
ereby leases from Sublessor,
for the term and subject to the conditions and covenants
hereinafter set forth, the property hereinafter referred to as
the "Subleased Premises, " located in Dade County
described as follows: , Florida,
Approximately 875 sq. feet of office space
on the seventh
(7th) floor of Historic City
Hall at 1130 Washington Avenue, Miami Beach,
Florida 33139 , which space is specified as
"L-78 pursuantP
to the Floor Sketch marked
Exhibit A which is "4ttached hereto and
incorporated herein by reference. Included
in the Subleased Premises is a reception
area totallingapproximatelyP
80 sq. feet,
which area is to be shared in common by
Sublessor and Sublessee. A
Sublessee is
being charged with rent hereunder for one-half half
) of the said reception area or 40 sq. feet.
2 . Term. The term of this Sublease s
o f the ha 11 �be for the
remainder
five (5) year period designated in that
Lease hereinafter referred to as the certain
"Main Lease, " dated March
16 , 1987 between the City of Miami Beach, a •
Florida Municipal
Corp. , as Landlord, and Frankel & Associates, Inc
By the terms of the Main Lease, • • • as Lessee.
Sublessor has an option to lease
the above described property. A copyof •
attached hereto the Main Lease is
and incorporated herein by reference as Exhibit
B. The initial five (5) year habit
term of the Main Lease commenced
March 16 , 1987 and will end on March 15 , 1992 , on
Sublease; provided, as will this
however, that this Sublease shall soon
terminate at the option of the Sublessor, sooner
Paragraph 5 of this as set forth in
Agreement, or by surrender or forfeiture
the Main Lease. of
3 . Rent. For and during the initial term
Sublease , which shall of this
commence upon the City' s approval of
Sublessor ' s option to rent the subleased
in Article 1 above, as providedPremises, as described
for in the Main Lease , and end n
March 15 , 1992 , Sublessee shall payto Sublessor1 9
subleased premises as rent for the
the sum of $6 . 00 per sq. foot for 875
or $5 , 250 . 00per sq. feet
year, payable payable in monthly installments
$437 . 50 , plus applicable sales tax, anyof
cost overrides, special utility charges and any
levies and/or assessments required
Main Lease. In addition, commencingq by the
March 16 , 1990, Sublessee
shall also pay the energy surcharge required quired by paragraph 3D of
the Main Lease. During the option term (s) , Sublessee ' s rent
shall be adjusted annuallyin
proportion to changes in the
Consumer Price Index (C.P. I . ) , as set forth
in paragraph 5A of
the Main Lease.
4 . Use of Premises . The Subleased Premises sbe
general �1�11 usedby Sublessee as a
g ral business office, and for u'Jr!s normall.
incident thereto, and for no other purpose . }
5 . Right of Termination. In the event Sublessor needs to
expand its present office space into the
Subleased Premises any
time after the first four (4) years of this Sublease,
o tion of Sublessor Sublessee must at the
vacate either a minimumof
25% of t e Su Premises,easesuch space •
• d to be designated by
Sublessor immediately adjacent to the
Sublessor, as tenant, 100% space occupied by
or of the Subleased Premises.
Sublessee ,shall have the option to remain
Premises (that in 75% of the Subleased
portion to be designated by Sublessor) or to
vacate 100% of the
Subleased Premises, at which time this
Sublease Agreement shall terminate. In the
event Sublessee
vacates 25% o f the Subleased Premises, a s hereinbefore •
' required,
then the rent shall accordingly be reduced 25%. Sublessor must
exercise its right to terminate as herein
specified by delivering
written notice of such intention to Sublessee. Sublessee shall
notify Sublessor in writing within fifteen (15) days of receipt
of Sublessor 's notice of exercise of right to terminate , whether
Sublessee intends to vacate 25% or 100% of the Subleased
Premises. Sublessee must then vacate the gp Its Subleased Premises
within ninety ( ) days of notification to Sublessor of
whether Sublessee will vacate 25% or 100% of Subleased Premises.
6 . Improvements. Sublessee shall
of improvingthe pay the cost and expense
Subleased Premises with the basic -tenant
improvements designated on the Plans
Inc. , dated Augustby Frankel & Associates,
19, 1987, which are made apart
cost of Sublessee ' s said basic P hereof. The
improvements, including Plans,
fees and permits, shall bepaid bySublessee
ninety and amortized over a
• y . (90) month period on a straight-line •
basic improvements shall9 basis. The said
P have a cost basis of Eighteen
Dollars, pursuant to Owner Co g Thousand
Owner/Contractor AIA Document
107 , whichi
chAgreement is attached hereto, plus $1 , 148 . 44 for ArchitectsEngineers Plans. In the
event the Sublessee is
vacate 25% or 100% of the Subleased required to
Premises after the 4th year
of the initial term, as set forth inparagraph 5 of this
Agreement, then Sublessor shall reimburse Sublessee for
100% , as the case maybe, of the 25% or
balance of the amortization of
the initial principal investmentaid bySublessee for the said
basic tenant improvements. The required reimbursement
required, if any, less cost
of repairs re
g ► shall be paid at the time Sublessee
vacates the Subleased Premises. In addition, the
have the option of Sublessor shall
p • using the glass interior partition installed
by Sublessee, provided Sublessor reimburses
Sublessee the balance
of the amortization of the $1 , 000. 00 cost •
of the said glass
partition.
7 . Option to Renew. At the expiration
term of this Sublease A p ion of the original
Agreement, provided Sublessee is current ,
in good standing and free from default •
• hereunder, and provided
Sublessor does not exercise his right 5 g to terminate, as provided
in paragraph
hereunder, the Sublessee isgiven the option
renew and extend this Sublease on ption to
, the same terms, conditions and
rental as set forth in paragraph 5 (Option
the Main Lease and subject P to Extend or Renew) of
sect to the same terms and conditions set
forth in this Sublease Agreement.
8 . Insurance.
Sublessee shall at its own expense comply
requirements of Sublessee . P P Y with all insurance
Sublessee shall not occupy
Subleased Premises until the
proof of the following insurancu
coverages have been furnished to and approved
the Landlord : PP by Sublessor and
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1 . Comprehensive general liabilityin the minimum
� um
amount of
$300 ,000 per occurrence for bodily injury
yand property damage. Contractual liability
coverage
is to be included. The City of Miami Beach and
the
Sublessor must be named as an additional insured on
this policy.
2. .Workers ' Compensation and employees' liability
aper Florida
coverage orida Statutes. Proof of these
coverages must be provided by submitting original
Certificates of Insurance. All9
policies must provide
thirty (30) days written notice of cancellation tion to
Sublessor and to the City of Miami Beach' s Risk
Manager at 1700 Convention Center Drive, Miami
Beach, Florida 33139. The insurance companies
providing aboveP
P g the coverages are subject to the
approval of the City's Risk Manager who shall have
the right to reasonably increase the amounts and
type of insurance coverage required.
9. Assumption Agreement and Covenants.
•
A. The Sublessee shall, comply with all of the '
of the Main Lease which are to be observed or performed�rovlsions
during
the term hereof by the Sublessor as Tenant thereunder,
that the payment of rent shall be governed except
by the provisions of
paragraph. 3 above, and paragraph 3 of the Main Lease,
otherwise provided herein, shall be 'inapplicable except as
inapplicable to Sublessee.
B. In the event of cancellation or termination •
expiration of the Main
Lease prior to the ex
p on date thereof and prior to the
expiration date of this Sublease or anyextensions
thereof, or in the the
and renewals
event of the surrender thereof, whether
voluntary, involuntary, or by operation of law, the Sublessee
shall make full and complete attornment to the Landlord
for the
balance of the term of this
Sublease, including any extensions
and renewals thereof, on the same covenants andconditi'
ons as are
contained herein, so as to establish directrivit
contract between the LandlordP y of estate and
and the Sublessee and with the same
force and effect as though this Sublease was '
directlyfrom the Landlordoriginally made
to the Sublessee. The Sublessee shall
make all rent payments thereunder directlyto the
represents Landlord. The
Sublessor re
p nts that the Landlord has covenanted that, in
the event of the cancellation, termination, '
surrender of the Main Lease, expiration, or
the Landlord will accept the
Sublessee, its successors and assigns , as its Lessee equal to the fullg for a period
unelapsed portion of the term of this Sublease,
including any extensions and renewals thereof, and on the same
covenants and conditions as are contained herein
Landlord will thereafter become � and the
the Lessor under this Lease.
C. Insofar as , the provisions of the Main Lease se do not
conflict with specific provisions herein contained, they and each
of
them are incorporated into this Sublease as
fully as if
completely rewritten herein, and the Sublessee agrees to be bound
to the Sublessor by all of the terms of the Main
assume toward Sublessor Leaseand to
and perform all of the obligations and
responsibilities that Sublessor bythe Main Lease aSe assumes toward
the Landlord, and to indemnify and hold harmless Sublessor from
any claim or liability under the Main Lease except
rental bySublessor •c Pt in
for payment o f
lessor. to the Landlord as provided in the Main
Lease . The relationshipbetweenthe in
Sublessee and Sublessor
hereunder shall be the same as that between theSubless•
or and the
Landlord under the Main Lease.
--3-
10 . Limitation of Liability and Indemnity.
agrees to indemnifyand Sublessee
hold Sublessor and Landlord harmless of,
from, and against all claims, actions,
damages, liabilities,
and expenses asserted against the Sublessor
and/or Landlord on
account of injuries to person or damage to property h
' the extent that anysuch dangerP P Y w en and to
or injury may be caused, either
proximately or remotely, wholly or inart
omission, whether P by any act or
negligent or not, of Sublessee or anyof its
ees contractors,
agents, servants, emplo •
(while Y tors, patrons, or invitees
( ile such invitees are on the Leased Premises) ,, or of any other
person entering on the Leased Premises under or with
expressed or implied the
p invitation of Sublessee, or if anysuch
injury or damage may in anyother
way arise from or out of the
occupancy or use by Sublessee, its agents , em to ees
�.nvltees, of the Leased P Y , a nd
Premises. This paragraph is for the
benefit of the Sublessor and Landlord of
the Leased Premises
only, and no right of action shall accrue hereunder •
to any third
party by way of subrogation or otherwise.
11 . Security Deposit. 'Concurrentlywith the execution
this Sublease, the Sublessee xecution of
e has deposited with the Sublessor the
sum of Four Hundred Fifty Dollars ($450.00) for the
performance bythefull and
faithful
Sublessee of each and everyterm
covenant and condition of this Sublease. '
In the event that
Sublessee defaults in respect of anyof the
terms, provisions,
covenants and conditions of this Sublease, including
limited to, the but not
payment of any rentals, the Sublessor mayuse,
apply or retain the whole or anypart of the •
deposited for Security Deposit so
P the payment of such rentals in default or
sum which the Sublessor mayany other
� expend or be required to expend by
reason of the Sublessee 's default, including
deficiency in the reletting any damages or
of the Demised Premises, whether such
damages or deficiency mayaccrue
. before or after summary
proceedings or other re-entry by Sublessor.
In the event that the Sublessee shall fully
comply with all of the and faithfully
° • terms, provisions, covenants and
conditions of this Sublease, the Security or any balance thereof,
shall be returned to the Sublessee after the lawful termination.
of this Sublease. Sublessor shall not
be required to keep the
Security in
a segregated account and the Security
commingled with other funds may be
of Sublessor and in no event shall
Sublessee be entitled to any interest on the Security.
12 . Furniture and Fixtures. All furniture and '
laced in the L fixtures and
equipment
P eased Premises by Sublessee shall remain
the property of Sublessee, subject to the rights of Sublessor
thereon as provided by law. The Sublessee
of the term hereof, may, at the lawful
expiration
is remove such furniture and fixtures
if removal done so as not to damage the Leased Premises.
ses.
13 . Assignment. and Subletting.
A. No assignment or sublettingof the Leased '
any part thereof shall a ed Premises or
be made by Sublessee without Sublesso '
prior written consent, which consent willr s
withheld. not be unreasonably
B. In the event of an assignment, the '
in writingto g assignee shall agree
assume all of the terms, covenants and conditions
of this Sublease on Sublessee '
s part to be performed, and a
duplicate original of such agreement shall •
g be delivered to
Sublessor within ten (10) days followingthe date '
execution or its effective of its
° date, whichever is sooner. The
liability of Sublessee hereunder and •
the liability of any
assignee of this Lease shall survive anyassignment ignment or
-4-
subletting, and such liability shall be unaffected by any
extension of time which Sublessor maygrant to any assignee or
sublessee for the
payment of any rent or other charges due
hereunder, or for theperformance of 9
conditionany other term, covenant or
of this Lease.
14. Eminent Domain. If the whole or anypart
of the Leased
Premises shall be taken
y any public authority under the power
of eminent domain, then the term of this Sublease
shall cease on
the part so taken from
the date the possession of thatart shall
public purpose,be required for any �'
and the rent shall bea 1
up to that day.
p yab e
15. General Provisions.
A. This Sublease embodies the entire agreement between etween the
parties hereto relative to
the subject matter hereof and shall
not be modified, changed or altered in anyrespect
writing. P except in
B. The covenants, agreements and obligations 9 herein
contained shall extend
to, bind and inure to the benefit not only
of the parties hereto but th0r heirs, personal
successors and ass ' representatives,
assigns.
C. Whenever under this Sublease, arovision is
notice of any kind, such noticeP made for
shall be in writing and signed by
art g
or on behalf of the
party giving or making the same, and it shall
be deemed sufficient notice and service thereof,, i f such notice
is sent by registered or certified mail, •
postage prepaid, to the
address furnished for such purpose. All notices to beiven t
the Sublessor hereunder shall be9 o
given to Frankel & Associates,
Inc. at 1521 Alton Road, Miami Beach, Florida
September 30 , 1987 , 33139 , until
. , and thereafter, at 1130 Washington Avenue,
8th Floor, Miami Beach, Florida 33139, with
a copy to its
attorney, Marjorie F. Robbins, Esq. , Lazan, Trute, Moss ,oss , Robbins
& Howard, 1090 Kane Concourse, Suite 202, Bay Harbor Islands,
Florida 33154 , unless and until some otherplace '
writingbythe Sublessor. is designated in
All notices to be given to Sublessee
hereunder shall be given to it at the DemisedPremises,Premises, 1130
Washington Avenue, Miami Beach, Florida 33139, unless •
place is designated and until
some other
in writing by Sublessee.
16. Contingencies. This Sublease Agreement is c
upon the following:
g contingent
1 . The Sublessor' s exercising its option to lease
ase
the balance of the seventh floor in Historic City
Hall building, as set forth in the Main Lease and
the
Landlord' s acknowledging the valid exercise of same; and
2. The Landlord ' s approval of the Sublessee as
required bythe
4 Main Lease.
In the event either or both of the foregoing •
not met, then this Sublease9 n9 contingencies are
Agreement shall be considered null
and void and all parties released therefrom.
.
17 . Parking Permits. The parties acknowledge
Sublessee shall have the right that the
right to the use of three of thea rkin
permits granted by the Main Lease. TheP g
parties further agree
that one additional parking permit shall be
of the Sublessee , thepurchased for the use
cost of which permit shall be shared
equally by the Sublessor and the Sublessee.
IN WITNESS WHEREOF, the partite; hereto r xecuted '
this
-5-
.
Sublease Agreement on the day and year first above written.
WITNESSES:
AdgeA
1//
Aril, ,_ / f" FRANKEL & ASSOCIATES, 'C. ,
Sublessor
7411F
v,
4., .��,_? �1�i�•-
By: 7, ____, . /• �filK UA. FRAM , Presi• = t
•
IP
V U‹
P‘itt
ROBERT BLUM & P
Sublessee WA
ilk 11 ,11,__-, "Awls
". By:
1411010,. By:
'OB 'T BLStl
r
•
c
-6-
ORIGINAL t:
RESOLUTION NO. 87-18981
(Authorizing the Mayor and the City Clerk
to execute a consent to the sublease of
a portion of the seventh (7th) floor of
Historic City Hall from Frankel & Assn.
Inc. , to Robert Blum & Company)