Lease Agreement with Massage of South Beach, LLC. 262tf � t $'3
DocuSign Envelope ID:670697B4-4079-43BC-A6B9-7A044BF4E7CD
LEASE AGREEMENT LL
THIS LEASE AGREEMENT, made this if day of , , by and
between the CITY OF MIAMI BEACH,a Florida municipal corporation,(hereinafter ref rred to as
"City" or "Landlord"), and MASSAGE OF SOUTH BEACH, LLC., a Florida limited liability
corporation, (hereinafter referred to as"Tenant").
1. Demised Premises..
The City, in consideration of the rentals hereinafter reserved to be paid and of the
covenants, conditions and agreements to be kept and performed by the Tenant, hereby
leases,lets and demises to the Tenant,and Tenant hereby leases and hires from the City,
those certain premises hereinafter referred to as the"Demised Premises" and more fully
described as follows:
Approximately 1,803 square feet of City-owned property (the °Building"),
located at 1701 Meridian Avenue,Unit 2,a/k/a 76717th Street,Miami Beach,
Florida,33139,and as more specifically delineated in "Exhibit 1°, attached
hereto and incorporated herein.
2. Term.
2.1 Tenant shall be entitled to have and to hold the Demised Premises for an initial term
of five (5) years, commencing retroactively on the 1st day of October 2021 (the
"Commencement Date"), and ending on the 30th day of September 2026. For
purposes of this Lease Agreement,and including,without limitation,Subsection 2.2
herein,a"contract year°shall be defined as that certain period commencing on the
1st day of October and ending on the 30th day of September.
2.2 Provided Tenant is in good standing and free from default(s) under Section 18
hereof,and upon written notice from Tenant,which notice shall be submitted to the
City Manager no earlier than one hundred twenty(120)days, but in any case no
later than sixty(60)days prior to the expiration of the initial term,this Lease may be
extended for two (2) additional two (2) year renewal terms. Any extension, if
approved by the City Manager, in the City Manager's sole discretion, shall be
memorialized in writing and signed by the parties hereto.
2.3 Termination for Convenience.
This Section is deleted in its entirety.
3. Rent.
3.1 Base Rent:
Tenant's payment of Rent, as defined In this Section 3, shall commence
retroactively on October 1,2021 (the"Rent Commencement Date")and,thereafter,
on each first day of subsequent months.
3.1.1 Throughout the Term herein,the Base Rent for the Demised Premises shall
be Sixty-Four Thousand and Nine Hundred Twenty-Nine Dollars and 60/100
($64,929.60) per year, payable in monthly installments of Five Thousand
Four Hundred Ten Dollars and 80/100($5,410.80).
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3.1.2 The Base Rent amount pursuant to this Section 3.1 shall be increased
annually, commencing on the second anniversary of the Commencement
Date of the Lease and each anniversary Commencement Date thereafter,as
follows:
Base Rent
Year Escalation Monthly Annual PSF
1 0% $ 5,410.80 $ 64,929.60 $ 36.01
2 3% $ 5,573.12 $ 66,877.49 $ 37.09
3 3% $ 5,740.32 $ 68,883.81 $ 38.21
4 3% $ 5,912.53 $ 70,950.33 $ 39.35
5 3% $ 6,089.90 $ 73,078.84 $ 40.53
6 4% $ 6,333.50 $ 76,001.99 $ 42.15
7 4% $ 6,586.84 $ 79,042.07 $ 43.84
8 4% $ 6,850.31 $ 82,203.75 $ 45.59
9 4% $ 7,124.33 $ 85,491.90 $ 47.42
3.2 Additional Rent:
In addition to the Base Rent, as set forth in Section 3.1, Tenant shall also pay the
following Additional Rent as provided below:
3.2.1 Operating Expenses:
Throughout the Term herein, the Operating Expenses for the Demised
Premises shall be Seven Thousand Two Hundred Eleven Dollars and
56/100($7,211.56)per year,payable in monthly installments of Six Hundred
Dollars and 96/100 ($600.96), for its proportionate share of "Operating
Expenses"which are defined as follows:
"Operating Expenses"shall mean the following costs and expenses incurred
in operating, repairing, and maintaining the Common Facilities (as
hereinafter defined)and shall include,without limitation,water service to the
Building, sewer service to the Building, trash removal from the Building,
costs incurred for gardening and landscaping, repairing and maintaining
elevator(s),painting,janitorial services(except for areas within the Demised
Premises),lighting,cleaning,striping,policing, removing garbage and other
refuse and trash,removing ice and snow,repairing and maintaining sprinkler
systems, water pipes, air-conditioning systems, temperature control
systems,and security systems,fire alarm repair and maintenance and other
equipment in the common areas and the exterior and structural portions of
the Building, paving and repairing, patching and maintaining the parking
areas and walkways, and cleaning adjacent areas, management fees and
the City's employment expenses to employees furnishing and rendering any
services to the common areas, together with an additional administration
charge equal to fifteen percent(15%)of all other expenses included in the
annual common area expenses,provided by the City for the common or joint
use and/or benefit of the occupants of the Building,their employees,agents,
servants,customers and other invitees.
"Common Facilities"shall mean all Building areas, spaces, equipment, as
well as certain services, available for use by or for the benefit of Tenant
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and/or its employees, agents, servants, volunteers, customers, guests
and/or invitees.
Tenant agrees and understands that the costs incurred for Operating
Expenses may increase or decrease and,as such,Tenant's pro-rata share
of Operating Expenses shall increase or decrease accordingly.
3.2.2 Property Taxes:
The Property Tax Payment shall be payable by Tenant,in accordance with
Section 11 herein.The 2021 Property Tax Payment is Twelve Thousand and
Thirty-One Dollars and 20/100($12,031.20),payable in monthly installments
of One Thousand and Two Dollars and 60/100($1,002.60). Hereinafter,
this amount may vary year-after-year, based on actual property tax
payments.
3.2.3 Insurance:
The Additional Rent shall also include Tenant's pro-rata share toward
estimated insurance costs incurred to insure the whole of the Building,
payable in monthly installments of Three Hundred and Fourteen.Dollars and
47/100 ($314.47). This insurance coverage is in addition to the insurance
required pursuant to Section 10, which shall be obtained at Tenant's sole
expense and responsibility.
3.3 Sales Taxes:
Concurrent with the payment of the Base Rent and Additional Rent as provide
herein,Tenant shall also pay any and all sums for all applicable tax(es), including
without limitation, sales and use taxes and Property Taxes, imposed, levied or
assessed against the Demised Premises,or any other charge or payment required
by any governmental authority having jurisdiction there over,even though the taxing
statute or ordinance may purport to impose such tax against the City.
3.4 Sales Reports and Records
On or before the twentieth(20t1)day of each calendar month during the Lease Term,
Tenant shall prepare and provide to landlord a copy of Tenant's Sales and Use Tax
Return(Form DR-15CS or DR-1 5EZ)filed with the Florida Department of Revenue,
Audited Financial Sales Report, reporting Gross Sales made from the Premises
during the preceding calendar month. In addition, within sixty(60) days after the
expiration date of each calendar year and within sixty(60)days after the termination
of this Lease if this Lease should not terminate at the end of a calendar year,Tenant
shall prepare and provide to landlord a payable Statement of Gross Sales made
from the premises during the preceding calendar year, (or partial calendar year),
certified to be correct by Tenant's Chief Financial Officer. Tenant shall furnish a
similar statement for its licenses,concessionaires and subtenants, if any.
3.5 Enforcement.
Tenant agrees to pay the Base Rent, Additional Rent, and any other amounts as
may be due and payable by Tenant under this Agreement, at the time and in the
manner provided herein,and should said rents and/or other additional amounts due
herein provided,at any time remain due and unpaid for a period of fifteen(15)days
after the same shall become due,the City may exercise any or all options available
to it hereunder,which options may be exercised concurrently or separately,or the
City may pursue any other remedies enforced by law.
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3.6 Inspector General Audit Rights
(A)Pursuant to Section 2-256 of the Code of the City of Miami Beach, the City has
established the Office of the Inspector General which may, on a random basis,
perform reviews, audits, inspections and, investigations on all City contracts,
throughout the duration of said contracts. This random audit is separate and distinct
from any other audit performed by or on behalf of the City.
(B)The Office of the Inspector General is authorized to investigate City affairs and
empowered to review past,present and proposed City programs,accounts,records,
contracts and transactions. In addition, the Inspector General has the power to
subpoena witnesses, administer oaths, require the production of witnesses and
monitor City projects and programs.Monitoring of an existing City project or program
may include a report concerning whether the project is on time,within budget and in
conformance with the contract documents and applicable law. The Inspector
General shall have the power to audit, investigate, monitor, oversee, inspect and
review operations, activities,performance and procurement process including but
not limited to project design,bid specifications,(bid/proposal)submittals,activities of
the Tenant, its officers, agents and employees, lobbyists, City staff and elected
officials to ensure compliance with the contract documents and to detect fraud and
corruption. Pursuant to Section 2-378 of the City Code, the City is allocating a
percentage of its overall annual contract expenditures to fund the activities and
operations of the Office of Inspector General.
(C)Upon ten(10)days written notice to the Tenant,the Tenant shall make all requested
records and documents available to the Inspector General for inspection and
copying.The Inspector General is empowered to retain the services of independent
private sector auditors to audit, investigate, monitor, oversee, inspect and review
operations activities,performance and procurement process including but not limited
to project design, bid specifications, (bid/proposal) submittals, activities of the
Tenant its officers,agents and employees,lobbyists,City staff and elected officials
to ensure compliance with the contract documents and to detect fraud and
corruption.
(D)The Inspector General shall have the right to inspect and copy all documents and
records in the Tenants possession, custody or control which in the Inspector
General's sole judgment, pertain to performance of the contract, including,but not
limited to original estimate files,change order estimate files,worksheets,proposals
and agreements from and with successful subcontractors and suppliers,all project-
related correspondence,memoranda,instructions,financial documents,construction
documents, (bid/proposal)and contract documents, back-change documents, all
documents and records which involve cash, trade or volume discounts, insurance
proceeds, rebates, or dividends received, payroll and personnel records and
supporting documentation for the aforesaid documents and records.
(E)The Tenant shall make available at its office at all reasonable times the records,
materials, and other evidence regarding the acquisition (bid_preparation) and
performance of this Agreement,for examination,audit,or reproduction,until three
(3)years after final payment under this Agreement or for any longer period required
by statute or by other clauses of this Agreement. In addition:
i. If this Agreement is completely or partially terminated, the Tenant shall make
available records relating to the work terminated until three (3) years after any
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resulting final termination settlement;and
ii. The Tenant shall make available records relating to appeals or to litigation or the
settlement of claims arising under or relating to this Agreement until such appeals,
litigation,or claims are finally resolved.
(F) The provisions in this section shall apply to the Tenant, its officers, agents,
employees, subcontractors and suppliers. The Tenant shall incorporate the
provisions in this section in all subcontracts and all other agreements executed by
the Tenant in connection with the performance of this Agreement.
(G)Nothing in this section shall impair any independent right to the City to conduct
audits or investigative activities.The provisions of this section are neither intended
nor shall they be construed to impose any liability on the City by the Tenant or third
parties.
4. Location for Payments.
All rents or other payments due hereunder shall be paid to the City at the following address:
City of Miami Beach
Finance Department
1700 Convention Center Drive
Miami Beach, Florida 33139
or at such other address as the City may, from time to time, designate in writing.
5. Parking.
Tenant may request,from the City's Parking Department,the use of no more than five(5)
parking spaces,if available,within the Municipal Parking Garage at the prevailing rates,plus
applicable sales and use tax per space. Rates for said spaces are subject to change.
6. Security Deposit/Guaranty.
6.1 Upon execution of this Agreement Tenant shall furnish the City with a Security Deposit, in
the amount of Eighteen Thousand Twenty-Eight Dollars and 89/100 ($18,028.89). Said
Security Deposit shall serve to secure Tenant's performance in accordance with the
provisions of this Agreement. In the event Tenant fails to perform in accordance with said
provisions, the City may retain said Security Deposit, as well as pursue any and all other
legal remedies provided herein,or as may be provided by applicable law.
The parties agree and acknowledge that the foregoing condition is intended to be a
condition subsequent to the City's approval of this Agreement.Accordingly,in the event that
Tenant does not satisfy the aforestated, then the City Manager or his designee may
immediately, without further demand or notice, terminate this Agreement without being
prejudiced as to any remedies which may be available to him for breach of contract.
6.2 Upon execution of this Agreement,Tenant shall execute and deliver to City the Guaranty,in
the form attached as Exhibit 6.2 hereto.
7. Use and Possession of Demised Premises.
7.1 The Demised Premises shall be used by the Tenant for the purpose(s)of operating
a massage therapy clinic providing facials and related products and services.Said
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Premises shall be open for operation as follows:
Monday-Sunday: 10:00 AM to 10:00 PM
Tenant shall not otherwise modify the days or hours of operation without the prior
written approval of the City Manager.Nothing herein contained shall be construed to
authorize hours contrary to the laws governing such operations.
7.2 It is understood and agreed that the Demised Premises shall be used by the Tenant
during the Term of this Agreement only for the above purpose(s)/use(s),and for no
other purpose(s)and/or use(s)whatsoever.Tenant will not make or permit any use
of the Demised Premises that,directly or indirectly,is forbidden by law,ordinance or
government regulation, or that may be dangerous to life, limb or property. Tenant
may not commit(nor permit)waste on the Demised Premises;nor permit the use of
the Demised Premises for any illegal purposes; nor commit a nuisance on the
Demised Premises. In the event that the Tenant uses the Demised Premises (or
otherwise allows the Demised Premises to be used) for any purpose(s) not
expressly permitted herein, or permits and/or allows any prohibited use(s) as
provided herein, then the City may declare this Agreement in default pursuant to
Section 18 or,without notice to Tenant,restrain such improper use by injunction or
other legal action.
8. Improvements.
8.1 Tenant accepts the Demised Premises in their present"AS IS"condition and may
construct or cause to be constructed,such interior and exterior improvements and
maintenance to the Demised Premises,as reasonably necessary for it to carry on its
permitted use(s), as set forth in Section 7; provided, however, that any plans for
such improvements shall be first submitted to the City Manager for his prior written
consent, which consent, if granted at all, shall be at the City Manager's sole and
absolute discretion.Additionally,any and all approved improvements shall be made
at Tenant's sole expense and responsibility.All permanent(fixed)improvements to
the Demised Premises shall remain the property of the City upon termination and/or
expiration of this Agreement.Upon termination and/or expiration of this Agreement,
all personal property and non-permanent trade fixtures may be removed by the
Tenant from the Demised Premises, provided that they can be(and are)removed
without damage to the Demised Premises. Tenant will permit no liens to attach to
the Demised Premises arising from, connected with, or related to the design and
construction' of any improvements. Moreover, such construction shall be
accomplished through the use of licensed,reputable contractors who are acceptable
to the City. Any and all permits and or licenses required for the installation of
improvements shall be the sole cost and responsibility of Tenant.
8.2 Notwithstanding Subsection 8.1, upon termination and/or expiration of this
Agreement, and at City's sole option and discretion, any or all alterations or
additions made by Tenant to or in the Demised Premises shall, upon written
demand by the City Manager, be promptly removed by Tenant,at its expense and
responsibility, and Tenant further hereby agrees, in such event, to restore the
Demised Premises to their original condition prior to the Commencement Date of
this Agreement.
8.3 The above requirements for submission of plans and the use of specific contractors
shall not apply to improvements(which term, for purposes of this Subsection 8.3
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only,shall also include improvements as necessary for Tenant's maintenance and
repair of the Demised Premises) which do not exceed Five Hundred ($500.00)
Dollars,provided that the work is not structural,and provided that it is permitted by
applicable law.
8.4 Tenant Improvements.
Tenant agrees to make certain improvements (Tenant Improvements) to the
Demised Premises(valued by the parties at approximately One Hundred Thousand
Dollars and 00/100($100,000.00), as delineated in "Exhibit 8.4", attached hereto
and incorporated herein (the Tenant Improvements). The Tenant Improvements
shall be made in accordance with the following timeline:
• Tenant shall obtain a building permit no later than one hundred and
eighty(180)days from the Commencement Date of this Agreement;
• Tenant shall commence making the Tenant Improvements no later than
forty-five (45) days from the date the building permit is issued (the
"Building Permit Date");and
• Tenant Improvements shall be completed,and Tenant shall obtain final.
approval by the City's Building Department for said Tenant
Improvements, no later than one hundred eighty (180) days from the
Building Permit Date.
Failure to comply with the timeline and complete the Tenant Improvements within
the time period specified shall.constitute an event of default hereunder.
9. City's Right of Entry..
9.1 The City Manager, and/or his authorized representatives, shall have the right to
enter upon the Demised Premises at all reasonable times for the purpose of
inspecting same; preventing waste;making such repairs as the City may consider
necessary; and for the purpose of preventing fire, theft or vandalism. The City
agrees that,whenever reasonably possible,it shall use reasonable efforts to provide
notice(whether written or verbal),unless the need to enter the Demised Premises is
an emergency,as deemed by the City Manager,in his sole discretion,which if not
immediately addressed could cause property damage,loss of life or limb,or other
injury to persons. Nothing herein shall imply any duty on the part of the City to do
any work that under any provisions of this Agreement the Tenant may be required to
perform,and the performance thereof by the City shall not constitute a waiver of the
Tenant's default.
9.2 If the Tenant shall not be personally present to open and permit entry into the
Demised Premises at any time, for any reason, and any entry thereon shall be
necessary or,permissible,the City Manager,and/or his authorized representatives,
may enter the Demised Premises by master key,or may forcibly enter the Demised'
Premises without rendering the City or such agents liable therefore.
9.3 Tenant shall furnish the City with duplicate keys to ail locks including exterior and
interior doors prior to (but no later than by) the Commencement Date of this
Agreement.Tenant shall not change the locks to the Demised Premises without the
prior written consent of the City Manager, and in the event such consent is given,
Tenant shall furnish the City with duplicate keys to said locks in advance of their
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• installation.
10. Tenant's Insurance.
10.1 Tenant shall, at its sole expense and responsibility, comply with all insurance
requirements of the City.It is agreed by the parties that Tenant shall not occupy the
Demised Premises until proof of the following insurance coverages have been
reviewed and approved by the City's Risk Manager:
• 10.1.1 Comprehensive General Liability, in the minimum amount of One Million
($1,000,000)Dollars(subject to adjustment for inflation)per occurrence for
bodily injury and property damage.The City of Miami Beach must be named
as an additional insured on this policy.
10.1.2 Workers Compensation and Employers Liability coverage in accordance with
Florida statutory requirements.
10.1.3 All-Risk property and casualty insurance, written at a minimum of eighty
(80%) percent of replacement cost value and with replacement cost
endorsement,covering all leasehold improvements installed in the Demised
Premises by or on behalf of Tenant and including without limitation all of
Tenant's personal property in the Demised Premises (including, without
limitation, inventory, trade fixtures, floor coverings, furniture, and other
property removable by Tenant under the provisions of this Agreement).
10.2 Proof of these coverages must be provided by submitting original certificates of
insurance to the City's Risk Manager and Asset Manager respectively.All policies
must provide thirty(30) days written notice of cancellation to both the City's Risk
Manager and Asset Manager(to be submitted to the addresses set forth in Section
27 hereof). All insurance policies shall be issued by companies authorized to do
business under the laws of the State of Florida and must have a rating of B+:VI or
better per A.M. Best's Key Rating Guide, latest edition,and certificates are subject
to the approval of the City's Risk Manager.
10.3 Certificates must be sent directly to certificates-miamibeach(a riskworks.com.Please
ask vendors to include the following information when sending the insurance
certificates:
• Include the Contract's#and the Vendor's name in the subject line of the email.
• COI must include that the City of Miami Beach is an "Additional Insured" with
respect to the General Liability coverage.
• Certificate Holder on all COI shall read:
City of Miami Beach
c/o Exigis Insurance Compliant Services
P.O.Box 947 •
Murrieta, CA 92564
11. Property Taxes and Assessments.
For the purposes of this Section and other provisions of this Agreement:
11.1 The term "Property Taxes" shall mean (i) real estate taxes, assessments, and
special assessments of any kind which may be imposed upon the Demised
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Premises,and(ii)any expenses incurred by the City in obtaining a reduction of any
such taxes or assessments.
11.2 The term"Property Tax Year"shall mean the period of twelve(12)calendar months,
beginning on January 1 St of each year.
11.3 Tenant shall pay,as Additional Rent pursuant to Section 3.2,for such Property Tax
Year an amount ("Property Tax Payment") equal to Tenant's pro-rata share of
Property Taxes (if any) for such Property Tax Year; said pro-rata share to be
determined by the City based upon the ratio of the Demised Premises to the tax lot.
If a Property Tax Year ends after the expiration or termination of the term of this
Agreement,the Property Tax Payment therefore shall be prorated to correspond to
that portion of such Property Tax Year occurring within the term of this Agreement.
The Property Tax Payment shall be payable by Tenant immediately upon receipt of
notice from the City.A copy of the tax bill(s)or other evidence of such taxes issued
by the taxing authorities, together with the City's computation of the Property Tax
Payment,will be made available to Tenant once received from the taxing authorities,
if requested by Tenant.Tenant shall pay any difference in the amount between the
estimated property taxes and the actual property taxes to the City immediately,upon
receipt of request for said payment from the City.
12. Assignment and Subletting.
Tenant shall not have the right to assign or sublet the Demised Premises, in whole or in
part,without the prior written consent of the City Manager,which consent, if granted at all
shall beat the City Manager's sole and absolute discretion.Such written consent is not a
matter of right and the City is not obligated to give such consent. If granted as provided
herein,the making of any assignment or sublease will not release Tenant from any of its
obligations under this Agreement.
13. Operation,Maintenance and Repair.
13.1 Tenant shall be solely responsible for the operation,maintenance and repair of the
Demised Premises.Tenant shall,at its sole expense and responsibility,maintain the
Demised Premises,and all fixtures and appurtenances therein,and shall make all
repairs thereto,as and when needed,to preserve them in good working order and
condition. Tenant shall be responsible for all interior walls and the interior and
exterior of all windows and doors,as well as immediate replacement of any and all
plate glass or other glass in the Demised Premises which may become broken,
using glass of the same or better quality. Tenant shall also be responsible for
replacing all fixtures and equipment listed above which are stolen,damaged beyond
repair or worn out.
The City shall be responsible for the maintenance of the roof, the exterior of the
Building,the structural electrical and plumbing(other than plumbing surrounding any
sink(s) and/or toilet(s), including such sink(s) and toilet(s) fixture(s), within the
Demised Premises),the common areas and the chilled water supply system.The
City shall maintain and/or repair those items that it is responsible for,so as to keep
same in proper working condition.
If the City provides a separate air-conditioning unit for the Demised Premises,
Tenant agrees and understands that Tenant shalt be solely responsible for the
maintenance, repair and replacement of the heating/ventilation/air-conditioning
(HVAC)equipment servicing the Demised Premises,at Tenant's sole expense.
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Tenant further agrees and understands that, at any time during the Term of this
Agreement, the City may require that Tenant to maintain, at Tanat's expense, a
maintenance, and repair contract, to be approved by the City, with a service
company previously approved in writing by the City, providing for the preventative
maintenance and repair of all HVAC equipment servicing the Demised Premises.In
the event that the City notifies Tenant that it will require Tenant to contract for said
maintenanceand repair services,Tenant shall provide to the City,in writing,within
ten (10) business days, the name(s) and telephone number(s) of service
company(ies)for the City's review and approval. Tenant shall provide a copy of a
current, enforceable and fully executed maintenance and repair contract, no later
than ten (10) business days after receipt of the City's approval of the service
company,as proof of Tenant's compliance with this provision.
13.2 All damage or injury of any kind to the Demised Premises, and including, without
limitation, its fixtures, glass, appurtenances, and equipment (if any), or to the
building fixtures, glass, appurtenances, and equipment, if any, except damage
caused by the gross negligence and/or willful misconduct of the City, shall be the
sole obligation of Tenant,and shall be repaired, restored or replaced promptly by
Tenant,at its sole expense and to the satisfaction of the City.
13.3 All of the aforesaid repairs, restorations and replacements shall be in quality and
class equal to or better than the original work or installations and shall be done in
good and workmanlike manner.
13.4 If Tenant fails to make such repairs or restorations or replacements,the same may
be made by the City,at the expense of Tenant, and all sums spent and expenses
incurred by the City shall be collectable by the City and shall be paid by Tenant
within three(3)days after submittal of a bill or statement therefore.
13.5 It shall be Tenant's sole obligation and responsibility to ensure that any renovations,
repairs and/or improvements made by Tenant to the Demised Premises comply with
all applicable building codes and life safety codes of governmental authorities
having jurisdiction.
13.6 Tenant Responsibilities for Utilities(not included within Operating Expenses).
Tenant is solely responsible for, and shall promptly pay when due all charges for
electricity, gas, cable, telephone, Internet,janitorial garage service and any other
utility service provided to the Demised Premises, including, without limitation, all
hook-up fees and impact fees,NOT included as an Operating Expense(pursuant to
Subsection 3.2.1).
In addition to other rights and remedies hereinafter reserved to the City, upon the
failure of Tenant to pay for such utility services(as contemplated in this Subsection
13.6)when due, the City may elect, at its sole discretion, to pay same, whereby
Tenant agrees to promptly reimburse the City upon demand.
In no event,however,shall the City be liable,whether to Tenant or to third parties,
for an interruption or failure in the supply of any utilities or services to the Demised
Premises.
13.7 TENANT HEREBY ACKNOWLEDGES AND AGREES THAT THE DEMISED
PREMISES ARE BEING LEASED IN THEIR PRESENT"AS IS"CONDITION.
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14. Governmental Regulations.
Tenant covenants and agrees to fulfill and comply with all statutes, ordinances, rules,
orders,regulations,and requirements of any and all governmental bodies,including but not
limited to Federal, State, Miami-Dade County, and City governments, and any and all of
their departments and bureaus applicable to the Demised Premises,and shall also comply
with and fulfill all rules,orders,and regulations for the prevention of fire,all at Tenant's own
expense and responsibility.Tenant shall pay all cost,expenses,claims,fines,penalties,and
damages that may be imposed because of the failure of Tenant to comply with this Section,
and shall indemnify and hold harmless the City from all liability arising from each non-
compliance.
15. Liens.
Tenant will not permit any mechanics,laborers,or materialman's liens to stand against the
Demised Premises or improvements for any labor or materials to Tenant or claimed to have
been furnished to Tenant's agents,contractors,or sub-tenants,in connection with work of
any character performed or claimed to have performed on said Premises,or improvements
by or at the direction or sufferance of the Tenant; provided however,Tenant shall have the
right to contest the validity or amount of any such lien or claimed lien. In the event of such
contest,Tenant shall give the City reasonable security as may be demanded by the City to
ensure payment thereof and prevent sale, foreclosure, or forfeiture of the Premises or
improvements by reasons of such non-payment. Such security need not exceed one and
one half(11/2)times the amount of such lien or such claim of lien. Such security shall be
posted by Tenant within ten(10)days of written notice from the City,or Tenant may"bond
off'the lien according to statutory procedures.Tenant will immediately pay any judgment
rendered with all proper costs and charges and shall have such lien released or judgment
satisfied at Tenant's.own expense.
16. Intentionally Omitted.
17. Condemnation.
17.1 If at any time during the Term of this Agreement (including any renewal term
hereunder)all or any part or portion of the Demised Premises is taken,appropriated,
or condemned by reason of Eminent Domain proceedings, then this Agreement
shall be terminated as of the date of such taking,and shall thereafter be completely
null and void, and neither of the parties hereto shall thereafter have any rights
against the other by reason of this Agreement or anything contained therein,except
that any rent prepaid beyond the date of such taking shall be prorated to such date,
and Tenant shall pay any and all rents,additional rents,utility charges,and/or other
costs for which it is liable under the terms of this Agreement,up to the date of such
taking.
17.2 Except as hereunder provided, Tenant shall not be entitled to participate in the
proceeds of any award made to the City in any such Eminent Domain proceeding,
excepting, however, Tenant shall have the right to claim and recover from the
condemning authority, but not from the City, such compensation as may be
separately awarded or recoverable by Tenant in Tenant's own right on account of
any and all damage to Tenant's business by reasons of the condemnation and for or
on account of any cost or loss which Tenant might incur in removing Tenant's
furniture and fixtures.
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DocuSign Envelope ID:670697B4-4079-43BC-A6B9-7A044BF4E7CD
•
18. Default.
18.1 Default by Tenant:
At the City's option, any of the following shall constitute an Event of Default under
this Agreement:
18.1.1 The Base Rent,Additional Rent, or any other amounts as may be due and
payable by"Tenant under this Agreement,or any installment thereof, is not
paid promptly when and where due,and Tenant shall not have cured such
failure within five (5) days after receipt of written notice from the City
specifying such default;
18.1.2 The Demised Premises shall be deserted,abandoned,or vacated;
18.1.3 Tenant shall fail to comply with any material term, provision, condition or
covenant contained herein other than the payment of rent and shall not cure
such failure within thirty(30)days after the receipt of written notice from the
City specifying any such default;or such longer period of time acceptable to
the City,at its sole discretion;
18.1.4 Receipt of notice of violation from any governmental authority having
jurisdiction dealing with a law,code,regulation,ordinance or the like,which
remains uncured for a period of thirty(30)days from its issuance, or such
longer period of time as may be acceptable and approved in writing by"the
City Manager,at his sole discretion;
18.1.5 Any petition is filed by or against Tenant under any section or chapter of the
Bankruptcy Act, as amended, which remains pending for more than sixty
(60)days,or any other proceedings now or hereafter authorized by the laws
of the United States or of any state for the purpose of discharging or
extending the time for payment of debts;
18.1.6 Tenant shall become insolvent;
18.1.7 Tenant shall make an assignment for benefit of creditors;
18.1.8 A receiver is appointed for Tenant by any court and shall not be dissolved
within thirty(30)days thereafter;or
18.1.9 The leasehold interest is levied on under.execution.
19. Rights on Default.
19.1 Rights on Default:
In the event of any default by Tenant as provided herein,City shall have the option
to do any of the following,in addition to and not in limitation of, any other remedy
permitted by law or by this Agreement;
19.1.1 Terminate this Agreement, in which event Tenant shall immediately
surrender the Demised Premises to the City,but if Tenant shall fail to do so
the City may, without further notice, and without prejudice to any other
remedy the City may have for possession or arrearages in rent or damages
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DocuSign Envelope ID:670697B4-4079-43BC-A6B9-7A044BF4E7CD
for breach of contract, enter upon the Demised Premises and expel or
remove Tenant and its effects in accordance with law,without being liable
for prosecution or any claim for damages therefore,and Tenant agrees to
indemnify and hold harmless the City for all loss and damage which the City
may suffer by reasons of such Agreement termination, whether through
inability to re-let the Demised Premises,or otherwise.
19.1.2 Declare the entire amount of the Base Rent and Additional Rent which would
become due and payable during the remainder of the term of this Agreement
to be due and payable immediately,in which event Tenant agrees to pay the
same at once, together with all rents therefore due, at the address of the
City, as provided in the Notices section of this Agreement; provided,
however, that such payment shall not constitute a penalty, forfeiture, or
liquidated damage, but shall merely constitute payment in advance of the
rents for the remainder of said term and such payment shall be considered,
construed and taken to be a debt provable in bankruptcy or receivership.
19.1.3 Enter the Demised Premises as the agent of Tenant, by force if necessary,
without being liable to prosecution or any claim for damages therefore;
remove Tenant's property there from;and re-let the Demised Premises,or
portions thereof, for such terms and upon such conditions which the City
deems, in its sole discretion,desirable, and to receive the rents therefore,
and Tenant shall pay the City any deficiency that may arise by reason of
such re-letting,on demand at any time and from time to time at the office of
the City;and for the purpose of re-letting,the City may(i)make any repairs,
changes,alterations or additions in or to said Demised Premises that may
be necessary or convenient;(ii)pay all costs and expenses therefore from
rents resulting from re-letting; and (iii) Tenant shall pay the City any
deficiency as aforesaid.
19.1.4 Take possession of any personal property owned by Tenant on said
Demised Premises and sell the same at public or private sale, and apply
same to the payment of rent due, holding Tenant liable for the deficiency,if
any.
19.1.5 It is expressly agreed and understood by and between the parties hereto
that any installments of rent accruing under the provisions of this Agreement
which shall not be paid when due shall bear interest at the maximum legal
rate of interest per annum then prevailing in Florida from the date when the
same was payable by the terms hereof, until the same shall be paid by
Tenant. Any failure on the City's behalf to enforce this Section shall not
constitute a waiver of this provision with respect to future accruals of past
due rent. In addition,there will be a late charge of Fifty($50.00)Dollars for
any payments submitted after the due date.
19.1.6 If Tenant shall default in making any payment of monies to any person or for
any purpose as may be required hereunder,the City may pay such expense,
but the City shall not be obligated to do so. Tenant, upon the City's paying
such expense, shall be obligated to forthwith reimburse the City for the
amount thereof.All sums of money payable by Tenant to the City hereunder
shall be deemed as rent for use of the Demised Premises and collectable by
the City from Tenant as rent,and shall be due from Tenant to the City on the
first day of the month following the payment of the expense by the City.
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DocuSign Envelope ID:670697B4-4079-43BC-A6B9-7A044BF4E7CD
19.1.7 The rights of the City under this Agreement shall be cumulative but not
restrictive to those given by law and failure on the part of the City to exercise
promptly any rights given hereunder shall not operate to waive or to forfeit
any of the said rights.
19.2 Default by City:
The failure of the City to perform any of the covenants,conditions and agreements
of this Agreement which are to be performed by the City and the continuance of
such failure for a period of thirty(30)days after notice thereof in writing from Tenant
to the City(which notice shall specify the respects in which Tenant contends that the
City failed to perform any such covenant, conditions and agreements) shall
constitute a default by the City, unless such default is one which cannot be cured
within thirty(30)days because of circumstances beyond the City's control,and the
City within such thirty(30)day period shall have commenced and thereafter shall
continue diligently to prosecute ail actions necessary to cure such defaults.
However,in the event the City fails to perform within the initial thirty(30)day period
provided above, and such failure to perform prevents Tenant from operating its
business in a customary manner and causes an undue hardship for Tenant, then
such failure to perform(regardless of circumstances beyond its control)as indicated
above, shall constitute a default by the City.
19.3 Tenant's Rights on Default:
If an event of the City's default shall occur,Tenant,to the fullest extent permitted by
law,shall have the right to pursue any and all remedies available at law or in equity,
including the right to sue for and collect damages, including reasonable attorney
fees and costs, to terminate this Agreement; provided however, that Tenant
expressly acknowledges and agrees that any recovery by Tenant shall be limited to
the amount set forth in Section 32 of this Agreement.
20. Indemnity Against Costs and Charges.
20.1 Tenant shall be liable to the City for all costs and charges,expenses, reasonable
attomey's fees, and damages which may be incurred or sustained by the City, by
reason of Tenant's breach of any of the provisions of this Agreement.Any sums due
the City under the provisions of this item shall constitute a lien against the interest of
the Tenant and the Demised Premises and all of Tenant's property situated thereon
to the same extent and on the same conditions as delinquent rent would constitute a
lien on said premises and property.
20.2 If Tenant shall at any time be in default hereunder, and if the City shall deem it
necessary to engage an attorney to enforce the City's rights and Tenant's
obligations hereunder,Tenant will reimburse the City for the reasonable expenses
incurred thereby,including,but not limited to,court costs and reasonable attomey's
fees, whether suit be brought or not and if suit be brought, then Tenant shall be
liable for expenses incurred at both the trial and appellate levels.
21. Indemnification Against Claims.
21.1 Tenant shall indemnify and save the City harmless from and against any and all
claims or causes of action(whether groundless or otherwise)by or on behalf of any
person,firm,or corporation,for personal injury or property damage occurring upon
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DocuSign Envelope ID:670697B4-4079-43BC-A6B9-7A044BF4E7CD
the Demised Premises or upon any other land or other facility or appurtenance used
in connection with the Demised Premises,occasioned in whole or in part by any of
the following:
21.1.1 An act or omission on the part of Tenant, or any employee, agent,
contractor, invitee,guest,assignee,sub-tenant or subcontractor of Tenant;
21.1.2 Any misuse,neglect,or unlawful use of the Demised Premises by Tenant,or
any employee, agent, contractor, invitee, guest, assignee, sub-tenant or
subcontractor of Tenant;
21.1.3 Any breach, violation, or non-performance of any undertaking of Tenant
under this Agreement;
21.1.4 Anything growing out of the use or occupancy of the Demised Premises by
Tenant or anyone holding or claiming to hold through or under this
Agreement.
21.2 Tenant agrees to pay all damages to the Demised Premises and/or other facilities
used in connection therewith,caused by Tenant orany employee,agent,contractor,
guest,or invitee of Tenant.
22. Skins and Advertising.
Without the prior written consent of the City Manager,which consent,if given at all,shall be
at the City Manager's sole and absolute discretion,Tenant shall not permit the painting and
display of any signs, plaques, lettering or advertising material of any kind on or near the
Demised Premises.All additional signage shall comply with signage standards established
by the City and comply with all applicable building codes,and any other municipal,County,
State and Federal laws.
23. Effect of Conveyance.
The term"City"and/or"Landlord"as used in the Agreement means only the owner for the
time being of the land and building containing the Demised Premises,so that in the event of
any sale of said land and building,or in the event of a lease of said building,the City shall
be and hereby is entirely freed and relieved of all covenants and obligations of the City
hereunder,and it shall be deemed and construed without further agreement between the
parties,or between the parties and the purchaser at such sale,or the lease of this building,
that the purchaser or Tenant has assumed and agreed to carry out all covenants and
obligations of the City hereunder.
24. Damage to the Demised Premises.
24.1 If the Demised Premises shall be damaged by the elements or other casualty not
due to Tenants negligence,or by fire,but are not thereby rendered untenantable,as
determined by the City Manager,in his sole discretion,in whole or in part,and such
damage is covered by the City's insurance,if any,(hereinafter referred to as"such
occurrence"),the City,shall,as soon as possible after such occurrence, utilize the
insurance proceeds to cause such damage to be repaired and the Rent(Base Rent
and Additional Rent) shall not be abated. If by reason of such occurrence, the
Demised Premises shall be rendered untenantable, as determined by the City
Manager,in his sole discretion,only in part,the City shall as soon as possible utilize
the insurance proceeds to cause the damage to be repaired, and the Rent
meanwhile shall be abated proportionately as to the portion of the Demised
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DocuSign Envelope ID:670697B4-4079-43BC-A6B9-7A044BF4E7CD
Premises rendered untenantable; provided however,that the City shall promptly
obtain a good faith estimate of the time required to render the Demised Premises
tenantable and if such time exceeds sixty (60) days, either party shall have the
option of canceling this Agreement.
24.2 If the Demised Premises shall be rendered wholly untenantable by reason of such
occurrence, the City shall have the option, but not the obligation, in its sole
discretion,to utilize the insurance proceeds to cause such damage to be repaired
• and the Rent meanwhile shall be abated.However,the City shall have the right,to
be exercised by notice in writing delivered to Tenant within sixty(60)days from and
after said occurrence,to elect not to reconstruct the destroyed Demised Premises,
and in such event,this Agreement and the tenancy hereby created shalt cease as of
the date of said occurrence,the Rent to be adjusted as of such date.If the Demised
Premises shall be rendered wholly untenantable,Tenant shall have the right,to be
exercised by notice in writing,delivered to the City within thirty(30)days from and
after said occurrence,to elect to terminate this Agreement,the Rent to be adjusted
accordingly.
24.3 Notwithstanding any clause contained in this Section 24, if the damage is not
covered by the City's insurance,then the City shall have no obligation to repair the
damage, but.the City shall advise Tenant in writing within thirty (30) days of the
occurrence giving rise to the damage and of its decision not to repair, and the
Tenant may,at any time thereafter,elect to terminate this Agreement,and the Rent
shall be adjusted accordingly.
25. Quiet Enjoyment.
Tenant shall enjoy quiet enjoyment of the Demised Premises and shall not be evicted or
disturbed in possession of the Demised Premises so tong as Tenant complies with the
terms of this Agreement.
26. Waiver.
26.1 It is mutually covenanted and agreed by and between the parties hereto that the
failure of the City to insist upon the strict performance of any of the conditions,
covenants,terms or provisions of this Agreement,or to exercise any option herein
conferred,will not be considered or construed as a waiver or relinquishment for the
future of any such conditions,covenants,terms,provisions or options but the same
shall continue and remain in full force and effect.
26.2 A waiver of any term expressed herein shall not be implied by any neglect of the
City to declare a forfeiture on account of the violation of such term if such violation
by continued or repeated subsequently and any express waiver shall not affect any
term other than the one specified in such waiver and that one only for the time and
in the manner specifically stated.
26.3 The receipt of any sum paid by Tenant to the City after breach of any condition,
covenant,term or provision herein contained shall not be deemed a waiver of such
breach, but shall be taken, considered and construed as payment for use and
occupation,and not as Rent,unless such breach be expressly waived in writing by
the City.
27. Notices.
The addresses for all notices required under this Agreement shall be as follows,or at such
16
DocuSign Envelope ID:67069764-4079-43BC-A6B9-7A044BF4E7CD
•
other address as either party shall be in writing, notify the other:
LANDLORD: City Manager
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
With copy to: Asset Manager
Facilities and Fleet Management Department
City of Miami Beach
1833 Bay Road,Second Floor
Miami Beach, Florida 33139
TENANT: Massage of South Beach, LLC.
767 17th Street, Unit 2
Miami Beach, Florida 33139
With copies to: Jeff Unger, Manager
3000 Island Blvd.,Apt. 2701
Aventura, Florida 33160
Massage Envy Franchising, LLC
14350 North 97th Street,Suite 200
Scottsdale,AZ 85260
All notices shall be hand delivered and a receipt requested,or by certified mail with Return
receipt requested,and shall be effective upon receipt.
28. Entire and Binding Agreement.
This Agreement contains all of the agreements between the parties hereto,and it may not
be modified in any manner other than by agreement in writing signed by all the parties
hereto or their successors in interest.The terms,covenants and conditions contained herein
shall inure to the benefit of and be binding upon the City and Tenant and their respective
successors and assigns,except as may be otherwise expressly provided in this Agreement.
29. Provisions Severable.
If any term or provision of this Agreement or the application thereof to any person or
circumstance shall, to any extent, be invalid or unenforceable, the remainder of this
Agreement,or the 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 Agreement shall be valid and be enforced to the fullest
extent permitted by law.
30. Captions.
The captions contained herein are for the convenience and reference only and shall not be
deemed a part of this Agreement or construed as in any manner limiting or amplifying the
terms and provisions of this Agreement to which they relate.
31. Number and Gender.
Whenever used herein, the singular number shall include the plural and the plural shall
17
DocuSign Envelope ID:670697B4-4079-43BC-A6B9-7A044BF4E7CD
include the singular,and the use of one gender shall include all genders.
32. Limitation of Liability.
The City desires to enter into this Agreement only if in so doing the City can place a limit on
the City's liability for any cause of action for money damages due to an alleged breach by
the City of this Agreement,so that its liability for any such breach never exceeds the sum of
Fifty Thousand($50,000.00)Dollars.Tenant hereby expresses its willingness to enter into
this Agreement with Tenant's recovery from the City for any damage action for breach of
contract to be limited to a maximum amount of $50,000.00. Accordingly, and
notwithstanding any other term or condition of this Agreement,Tenant hereby agrees that
the City shall not be liable to Tenant for damage in an amount in excess of$50,000.00 for
any action or claim for breach of contract arising out of the performance or non-performance
of any obligations imposed upon the City by this Agreement. Nothing contained in this
Section or elsewhere in this Agreement is in any way intended to be a waiver of the
limitation placed upon the City's liability as set forth in Florida Statutes,Section 768.28.
33. Surrender of the Demised Premises.
Tenant shall, on or before the last day of the Term herein demised, or the sooner
termination thereof, peaceably and quietly leave,surrender and yield upon to the City the
Demised Premises,together with any and all equipment,fixtures,furnishings,appliances or
other personal property,if any, located at or on the Demised Premises and used by Tenant
in the maintenance, management or operation of the Demised Premises, excluding any
trade fixtures or personal property, if any,which can be removed without material injury to
the Demised Premises,free of all liens, claims and encumbrances and rights of others or
broom-clean,together with all structural changes,alterations,additions,and improvements
which may have been made upon the Demised Premises, in good order, condition and
repair,reasonable wear and tear excepted,subject,however,to the subsequent provisions
of this Section.My property which pursuant to the provisions of this Section is removable
by Tenant on or at the Demised Premises upon the termination of this Agreement and is not
so removed may, at the option of the City, be deemed abandoned by Tenant, and either
may be retained by the City as its property or may be removed and disposed of at the sole
cost of the Tenant in such manner as the City may see fit. If the Demised Premises and
personal property, if any, be not surrendered at the end of the Term as provided in this
Section,Tenant shall make good the City all damages which the City shall suffer by reason
thereof, and shall indemnify and hold harmless the City against all claims made by any
succeeding tenant or purchaser,so far as such delay is occasioned by the failure of Tenant
to surrender the Demised Premises as and when herein required.
34. Time is of the Essence.
Time is of the essence in every particular and particularly where the obligation to pay money
is involved.
35. Venue:
This Agreement shall be deemed to have been made and shall be construed and
interpreted in accordance with the laws of the State of Florida. This Agreement shall be
enforceable in Miami-Dade County, Florida,and if legal action is necessary by either party
with respect to the enforcement of any and all the terms or conditions herein, exclusive
venue for the enforcement of same shall lie in Miami-Dade County, Florida.
CITY AND TENANT HEREBY KNOWINGLY AND INTENTIONALLY WAIVE THE RIGHT
TO TRIAL BY JURY IN ANY ACTION OR PROCEEDING THAT THE CITY AND TENANT
MAY HEREIN AFTER INSTITUTE AGAINST EACH OTHER WITH RESPECT TO ANY
MATTER ARISING OUT OF OR RELATED TO THIS AGREEMENT.
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DocuSign Envelope ID:670697B4-4079-43BC-A6B9-7A044BF4E7CD
36. Radon is a naturally occurring radioactive gas that,when it is accumulated in a building in
sufficient quantities, may present health risks to persons who are exposed to it over time.
Levels of Radon that exceed Federal and State guidelines have been found in buildings in
Florida.Additional information regarding Radon and Radon testing may be obtained from
your County Public Health Unit.
37. No Dangerous Materials.
Tenant agrees not to use or permit in the Demised Premises the storage and/or use of
gasoline, fuel oils, diesel, illuminating oils, oil lamps, combustible powered electricity
producing generators,turpentine,benzene,naphtha,propane,natural gas,or other similar
substances, combustible materials, or explosives of any kind, or any substance or thing
prohibited in the standard policies of fire insurance companies in the State of Florida.Any
such substances or materials found within the Demised Premises shall be immediately
removed.
Tenant shall indemnify and hold the City harmless from any loss,damage,cost,or expense
of the City,including,without limitation,reasonable attomey's fees,incurred as a result of,
arising from,or connected with the placement by Tenant of any"hazardous substance"or
"petroleum products"on, in or upon the Demised Premises as those terms are defined by
applicable Federal and State Statute, or any environmental rules and environmental
regulations promulgated thereunder. The provisions of this Section 37 shall survive the
termination or earlier expiration of this Agreement.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
19
DocuSign Envelope ID:670697B4-4079-43BC-A6B9-7A044BF4E7CD
IN WITNESS WHEREOF,the parties hereto have caused their names to be signed and their
seals to be affixed, all as of the day and year first above written, indicating their agreement.
FOR CITY: CITY OF MIAMI BEACH, FLORIDA
ATTEST:
rf(-..-------j
Ra f7..... )1,
ael E. kRae,eitiglirk Alina T. Hudak, ity Manager
Date
MAR 2 - 2022
0BP
C
\� � APPROVED AS TO
oa-+ter FORM&LANGUAGE
51 a (ORP\,R,,,C):51,
FORE TION
t 4V- Otijr 1Z ZO/'��C City Attorney Date / 7' 1
FOR TENANT: MASSAGE OF SOUTH BEACH, LLC.
ATTEST:
AA4
Sign M.M. U ir, Manager
Cc\(3'f-e.)I 4 Se,4e7- a y-,Q.,,,
411111104S' - —
S •7
t Ca4 rim Greta, , C�c E ao✓ta r- r
ame,Title
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Dat
CORPORATE SEAL
(affix seal here)
20
DocuSign Envelope ID:670697B4-4079-43BC-A6B9-7A044BF4E7CD
i
•
EXHIBIT 1
Demised Premises
__J . . ,
. ....,,.. ........, ,,,,,,,,,,,..„ ,,„,....„
..--
a F.M.1011 •
sWORM N
UNIT 4
e k.
• 4 a \Z\\ .
r �ss'k.s\:tea\\"Wo,s,\ `,.
I\ \ f
�\`.\ \
% \N UNIT 3
:.'\\ *.\\moo'.. bli: R m
m y.
. . ***. ' I
,P\. , .i 4 (r
• Ili� s @. ' Q0
lEn NzN
5z \ • UNIT 1 \�z
•
a o \, 3, •••e�:.\-�t�\�n� \\\ \s\` \ , :t
yr 2' „ , r'�� \��\.\lam..\
¢. 11. COMMON / " !t••:i
J ELEMENTS : + ",..
11 II1 STAIRS •1:r ti
•
AREA UNIT 1=1,326.78 S/F
AREA UNIT 2=1,802.89 S/F ° 1O° 300
AREA UNIT 3=1,290.59 S/F I = =""= ra`
- AREA UNIT 4=1,268.87 S/F
•
•
•
SURVflVlr:HD1L•
OLTALS OF gria,DR9 WALL$FF_AE BASW H ODOM&DRAW=NO OM'H40,111004 WWI MOW MO WR.£f
•
First Floor Plan
Prepared by: 1701 MERIDIAN BUILDING CONDOMINIUM
•
-�g /ss II ens-sago • Exhibit(B" ���o%s/poop
s. Q
21
DocuSign Envelope ID:670697B4-4079-43BC-A6B9-7A044BF4E7CD
EXHIBIT 6.2
Lease Guaranty
"Lease is herein defined to be that certain Lease Agreement date2b52.1" , and
entered into by Massage of South Beach, LLC., as Tenant, and the City of Miami Beach, as
Landlord with respect to certain Demised Premises located at 1701 Meridian Avenue,Unit 2(a/k/a
767 17th Street), Miami Beach,Florida, 33139.
In order to induce the Landlord to enter into the Lease, and for the Ten Dollars($10.00)in hand
paid and other good and valuable consideration, receipt and sufficiency of which is hereby
acknowledged,the undersigned,hereby irrevocably guarantees prompt payment when and as due
of all rents and other monetary obligations,and the performance of all other obligations,required to
be paid or performed by the Tenant pursuant to the Lease for the entire Term and all extensions
and renewals thereof and agrees to pay and perform as a primary obliger all liabilities,obligations
and duties of Tenant pursuant to the Lease, including,without limitation, payment of Rent.
The undersigned expressly. agrees that the validity and enforceability of this Lease Guaranty
("Guaranty") and the obligations and liability of the Guarantor hereunder shall in no way be
terminated, affected or impaired by reason of any modification, indulgence, compromise,
settlement, variation of terms, renewal'or extension of the Lease, and the undersigned hereby
consents to any such modification,renewal and extension,and agrees that this Guaranty shall not
be affected by any termination of the Lease.Action or suit may be brought against the undersigned
and reduced to final judgment with or without first concurrently proceeding against the Tenant under
the Lease.This Guaranty creates,joint and several,liability to all the undersigned for payment and
performance as herein before stated,and the undersigned hereby waives and renounces any and
all exemption rights under or by virtue of the Laws of any state or the United States and further
waives all notice, demand, protest, presentment, notice of demand, notice of default, diligence,
protest, presentment and nonpayment. Any notices or communications to the Tenant under the
Lease shall be deemed to constitute notice or communication to the undersigned individually.
Landlord and Tenant,without notice to or consent by the undersigned, may at any time and from
time to time,enter into modifications,extensions,amendments or other covenants respecting the
Lease and the undersigned shall not be released thereby,but shall continue to be fully liable for the
payment and performance of all liabilities,obligations,and duties of Tenant pursuant to the Lease
as so modified,extended or amended.The force and effect of this Guaranty shall not be affected by
the execution of other guaranties securing the same obligations,liabilities and duties.This Guaranty
shall be cumulative of any such guaranties and the liability of all the guarantors of the Lease shall
be joint and several.The Landlord in its sole discretion shall be entitled to release,compromise or
settle the obligations, liabilities,and duties of any one or more of such guarantors and such action
shall not affect the right of Landlord, to enforce the Lease against the Tenant and any other
guarantors. If any party executing the Guarantee is a corporation or partnership, then the
undersigned officer or partner hereby represents and warrants that the Board of Directors of such
corporation or the partners of such partnership, have authorized the execution on its behalf and
acknowledge the benefit and consideration to the undersigned.
The undersigned agree to pay reasonable attomey's fees, plus expenses incurred by Landlord in
the enforcement of any right of Landlord hereunder or in thedefense of any action against Landlord
hereunder.
This instrument shall inure to the benefit of the Landlord under the Lease, its successors and
assigns,and shall bind the undersigned,and heirs,successors and assigns.If more than one party
has executed this Guaranty,then the liability of all such'parties who have signed below shall be joint
and several.
22
DocuSign Envelope ID:670697B4-4079-43BC-A6B9-7A044BF4E7CD
This Guaranty is made and entered into this IL day of 2.02,2_
ATTEST: Guarantor
ffrey M. Unger, individually
Name,Title . /
7/4,1,--G-re / `Sign /
7,7 k5ct"5-,c e)(� fe%)Lt �► «� ( C" C
Name,Title
/ /2,c.)Z.,
Date
APPROVED AS TO
FORM& LANGUAGE
&FOR EXECUTION
Afgafilr- AOZI
City A1torney `, Date
23 J�9�►�'/1• ,�
DocuSign Envelope ID:67069764-4079-43BC-A6B9-7A044BF4E7CD
. •
EXHIBIT 8.4
Tenant improvement(e)
•
•
•
24
DocuSign Envelope ID:670697B4-4079-43BC-A6B9-7A044BF4E7CD
RESOLUTION NO. 2021-31893
•
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, FOLLOWING A DULY ADVERTISED PUBLIC
HEARING, ACCEPTING THE RECOMMENDATION OF THE FINANCE AND
ECONOMIC RESILIENCY COMMITTEE, AND WAIVING, BY 5/7TH VOTE, THE
FORMAL COMPETITIVE BIDDING REQUIREMENT IN SECTION 82-39(a) OF
THE CITY CODE, FINDING THAT THE PUBLIC INTEREST WOULD BE
BETTER SERVED BY WAIVING SUCH CONDITION, AND APPROVING AND
AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE A
LEASE AGREEMENT BETWEEN THE CITY(LANDLORD)AND MASSAGE OF
SOUTH BEACH, INC. (TENANT) FOR THE USE OF APPROXIMATELY 1,803
SQUARE FEET OF GROUND FLOOR RETAIL SPACE, LOCATED AT 1701
MERIDIAN AVENUE, UNIT 2(A/K/A 77717TH STREET), FOR A TERM OF FIVE
(5) YEARS, WITH TWO (2) SUCCESSIVE TWO-YEAR RENEWAL TERMS AT
THE CITY'S OPTION.
WHEREAS, on September 15,2010,the Mayor and City Commission adopted Resolution
No.2010-27488, approving a Lease Agreement between the City and Massage Partners, Inc.for
the use of approximately 1,803 square feet of City-owned property, located at 1701 Meridian
• Avenue, Unit 2(a/k/a 777 17th Street(Leased Premises); and
WHEREAS, said Lease having a term of nine (9) years and 364 days, commencing'on
December 2, 2010, and ending on November 30, 2020; and
WHEREAS, on November 16, 2018 the lease was assigned to Massage of South Beach,
LLC("Tenant"), the current operator; and
WHEREAS,the Tenant and the City entered into a month to month for a period not to
exceed ten months, September 30, 2021; and
WHEREAS, prior to the expiration of the Lease Agreement, Massage of South Beach,
LLC submitted a letter to the City requesting to enter into a new lease agreement; and
WHEREAS, the Tenant has proven to be a successful operator since the lease
assignment in 2018; and
WHEREAS, the Tenant is ready to invest approximately $100,000.00 by performing
upgrades to the clinic to meet the new corporate franchise standards, which must be completed
by August 2022; and
WHEREAS, on July 30, 2021, the Administration presented Tenant's proposal for a new
lease to the Finance and Economic Resiliency Committee (FERC), and FERC recommended in
favor of approving a new lease for Tenant based on the below proposed financial terms:
Demised Premises: Approximately 1,803 square feet of City-owned property, located at 1701
Meridian Avenue, Unit 2(a/k/a 777 17 Street), Miami Beach, Florida;
Initial Term: Five (5)Years, commencing October 1, 2021;
Renewal Options: Two (2) renewal options for two (2)years each, at the City Manager's sole
discretion; and
Rent: No increase on the first year due to investment($100,000.00)and following
annual escalations increasing over time per the schedule below:
DocuSign Envelope ID:670697B4-4079-43BC-A6B9-7A044BF4E7CD
Base Rent
Year Escalation Monthly Annual PSF
1 0% $ 5,410.80 $ 64,929.60. $ 36.01
2 3% $ 5,573.12 $ 66,877.49 $ 37.09
3 3% $ 5,740.32 $ 68,883.81 $ 38.21
4 3% $ 5,912.53 $ 70,950.33 $ 39.35
5 3% $ 6,089.90 $ 73,078.84 $ 40.53
6 4% $ 6,333.50 $ 76,001.99 $ 42.15
7 4% $ 6,586.84 $ 79,042.07 $ 43.84
8 4% $ 6,850.31 $ 82,203.75 $ 45.59
9 4% $ 7,124.33 $ 85,491.90 $ 47.42
WHEREAS, keeping a successful operator, instead of incurring additional costs to locate
a new tenant, which may not be successful in the space, makes better business sense; and
WHEREAS, based upon the foregoing, the City Manager recommends accepting the
recommendation of FERC, and waiving, by 5/7ths vote, the formal competitive bidding
requirement, as permitted under Section 82-39(a) of the City Code, finding such waiver to be in
the best interest of the City, and approving a new lease with Tenant, in the form attached to the
City Commission Memorandum accompanying this Resolution.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH,FLORIDA,that the Mayor and City Commission,
following a duly advertised public hearing, hereby accept the recommendation of the Finance and
Economic Resiliency Committee, and waive, by 5/7th vote, the formal competitive bidding
requirement in Section 82-39(a) of the City Code, finding that the public interest would be better
served by waiving such condition, and approve and authorize the City Manager and City Clerk to
execute a Lease Agreement between the City (Landlord) and Massage of South Beach, Inc.
(Tenant) for the use of approximately 1,803 square feet of ground floor retail space, located at
1701 Meridian Avenue, Unit 2 (a/k/a 777 17th street), for an initial term of five (5) years, with two
(2)successive two-year renewal terms at the City's option.
PASSED and ADOPTED THIS !3 day of 0c66-e✓ 2021.
•
ATTEST:
731 OCT 152021 Dan Gelber, Mayor
Rafael E. Granado, City Clerk
IEaCORtiRA1ED•`•
�tn;
APPROVED AS TO
�'�1QR6N 264)-- FORM & LANGUAGE
& FOR EXECUTION '
(+ City Attorney at
DocuSign Envelope ID:670697B4-4079-43BC-A6B9-7A044BF4E7CD
Resolutions-R7 A
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Aline T. Hudak, City Manager
DATE: October 13,2021
2:00 p.m. Public Hearing
SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, FOLLOWING A DULY ADVERTISED PUBLIC
HEARING, ACCEPTING THE RECOMMENDATION OF THE FINANCE AND
ECONOMIC RESILIENCY COMMITTEE, AND WAIVING, BY 5RTH VOTE,
THE FORMAL COMPETITIVE BIDDING REQUIREMENT IN SECTION 82-
39(A) OF THE CITY CODE, FINDING THAT THE PUBLIC INTEREST
WOULD BE BETTER SERVED BY WAIVING SUCH CONDITION, AND
APPROVING AND AUTHORIZING THE CITY MANAGER AND CITY CLERK
TO EXECUTE A LEASE AGREEMENT BETWEEN THE CITY (LANDLORD)
AND MASSAGE OF SOUTH BEACH, INC. (TENANT) FOR THE USE OF
APPROXIMATELY 1,803 SQUARE FEET OF GROUND FLOOR RETAIL
SPACE, LOCATED AT 1701 MERIDIAN AVENUE, UNIT 2 (A/K/A 777 17TH
STREET), FOR A TERM OF FIVE (5) YEARS, WITH TWO (2)SUCCESSIVE
TWO-YEAR RENEWAL TERMS AT THE CITY'S OPTION.
BACKGROUND/HISTORY
On September 15, 2010, the Mayor and City Commission adopted Resolution No. 2010-2748E
approving a Lease Agreement between the City and Massage Partners, Inc. (Tenant)for the use c
approximately 1,803 square feet of City-owned property, located at 1701 Meridian Avenue, Unit :
(a/k/a 777 17th Street)(Premises).The Lease contained an initial term of nine(9)years and 364 days
commencing on December 2,2010,and which ended on November 30,2020.
On November 16, 2018 the Lease was assigned to Massage of South Beach, LLC, the currer
operator. Prior to the expiration of the Lease, Massage of South Beach, LLC submitted a letter to thi
City requesting to enter into a new lease agreement.The Tenant and the City entered into a month b
month for a period not to exceed ten months,which expires on September 30,2021.
ANALYSIS
Massage of South Beach,'LLC has proven to be a successful operator since the lease assignment i
2018. Current comparable operators in the adjacent retail spaces have experienced significant loss i
revenue due to the COVID-19 pandemic. Massage of South Beach, LLC, despite any revenue lose
desires to continue operating at this location. The Tenant.is ready to invest approximately$100,000.01
by performing upgrades to the clinic to meet the new corporate franchise standards, which must bi
completed by August 2022. , Furthermore, Massage of South Beach, LLC has committed to makirr
Page 570 of 1095
DocuSign Envelope ID:670697B4-4079-43BC-A6B9-7A044BF4E7CD
significant additional improvements to the space, including updating the front desk area, a
conditioning unit, replacing the flooring, adding fixtures, and installing new outside signage. Then
changes will enhance the property and provide a better overall experience to guests.
The proposed base rent below was derived at upon negotiations with the tenant, taking into
consideration the significant investment the tenant is committing to of over$100,000.00 to upgradt
the space and it being the first year recovering from the COVI D-19 pandemic. The tenant has nc
requested additional rent abatement and has continued making timely payments. If the space were ti
go up for lease instead,the City will lose revenue for the time the space is on the market as well as thi
City would have to incur brokerage fees associated with leasing the space.According to CoStar, thi
leading commercial real estate industry comprehensive data platform with access to all brokerage firr
• inventory and leasing rates,the average comparable office lease rate is approximately$35 per squan
foot(PSF)to$45 PSF within a one-mile radius of this location.
The City entered into negotiations with Tenant and agreed to the following basic terms:
Demised Premises: Approximately 1,803 square feet of City-owned property
located at 1701 Meridian Avenue, Unit 2 (a/k/a 777 17t' Street), Miami Bead
Florida
Initial Term: Five(5)Years
Renewal Option(s): Two (2)renewal options for two (2)years each,at the
City Manager's sole discretion.
Base Rent: $36.01 per rentable square foot, plus applicable sales tai
No increase on the first year due to investment$100,000.00 and following annuE
escalations increasing over time per the schedule below.
Base Rent
Year Escalation Monthly Annual PSF
1 0% $ 5,410.80 $64,929.60 $36.01
2 3% $5,573.12 $66,877.49 $37.09
3 3% $ 5,740.32 $68,883.81 $38.21
•
4 3% $5,912.53 $70,950.33 $39.35
5 3% $6,089.90 $73,078.84 $40.53
6 4% $6,333.50 $76,001.99 $42.15
7 4% $6,586.84 $79,042.07 $43.84
8 4% $6,850.31 $82,203.75 $45.59
9 4% $7,124.33 $85,491.90 $47.42
Following the recommendation of the Finance and Economic Resiliency Committee meeting on
July 30,2021 in favor of approving a new lease for tenant based on the proposed financial terms,
I recommend that the Mayor and City Commission waive the formal competitive bidding
requirement, by 5/7ths vote, as permitted under Section 82-39(a) of the City Code, as being in
the best interest of the City, in that, keeping a successful operator, instead of incurring additional
Page 571 of 1095
DocuSign Envelope ID:670697B4-4079-43BC-A6B9-7A044BF4E7CD
costs to locate a new tenant, which may not be successful in the space, makes better business
sense. The proposed rent schedule, currently at $36.01 per square foot, will place this tenant
within current market asking rents ($35 PSF - $45 PSF). Additionally, standard current leases
usually carry an escalation of 3% per year. Tenant's new lease escalation increases to 4% per
year as of year six(6),which allows for the base rent schedule to remain above market rents.
SUPPORTING SURVEY DATA •
N/A
CONCLUSION
Based upon the foregoing, the Administration recommends that the Mayor and City Commission
adopt the Resolution, accepting to waive the formal competitive bidding requirement, by a 5/7ths .
vote, as permitted under Section 82-39(a)of the City Code,finding such waiver to be in the best
interest of the City. Said Resolution approving and authorizing the Mayor and City Clerk to
execute a new lease agreement with Massage of South Beach, LLC, in accordance with the
above stipulated terms and conditions.
Applicable Area
South Beach
Is this a"Residents Right Does this item utilize G.O.
to Know" item,pursuant to Bond Funds?
City Code Section 2-14?
No No
Legislative Tracking •
Facilities and Fleet Management
ATTACHMENTS:
Description
o Memo •
o Resolution
D Ad
•
•
•
Page 572 of 1095
DocuSign Envelope ID:670697B4-4079-43BC-A6B9-7A044BF4E7CD
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139,
www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Honorable Mayor Dan Gelber and Members of the City
Commission
FROM: Alina T. Hudak, City Manager
DATE: September 17, 2021
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, FOLLOWING A DULY
ADVERTISED PUBLIC HEARING, ACCEPTING THE
RECOMMENDATION OF THE FINANCE AND ECONOMIC
RESLIENCY COMMITTEE, AND WAIVING, BY 5/7T" VOTE, THE
FORMAL COMPETITIVE BIDDING REQUIREMENT IN SECTION
82-39(a) OF THE CITY CODE, FINDING THAT THE PUBLIC
INTEREST WOULD BE BETTER SERVED BY WAIVING SUCH
CONDITION, AND APPROVING AND AUTHORIZING THE CITY
MANAGER AND CITY CLERK TO EXECUTE A LEASE
AGREEMENT BETWEEN THE CITY (LANDLORD) AND
MASSAGE OF SOUTH BEACH,LLC(TENANT)FOR THE USE OF
APPROXIMATELY 1,803 SQUARE FEET OF GROUND FLOOR
RETAIL SPACE LOCATED AT 1701 MERIDIAN AVENUE, UNIT 2
•
(A/K/A 777 17TH STREET) FOR AN INITIAL TERM OF FIVE (5)
YEARS, WITH TWO (2) SUCCESSIVE TWO-YEAR RENEWAL
TERMS AT THE CITY'S OPTION.
BACKGROUND
On September 15,2010,the Mayor and City Commission adopted Resolution No.2010-27488,
approving a Lease Agreement between the City and Massage Partners, Inc. (Tenant) for the
use of approximately 1,803 square feet of City-owned property, located at 1701 Meridian
Avenue, Unit 2 (a/k/a 777 17th Street) (Premises). The Lease contained an initial term of nine
(9) years and 364 days, commencing on December 2, 2010, and which ended on November
30, 2020.
On November 16, 2018 the Lease was assigned to Massage of South Beach, LLC,the current
operator. Prior to the expiration of the Lease, Massage of South Beach, LLC submitted a letter
to the City requesting to enter into a new lease agreement. The Tenant and the City entered
into a month to month for a'period not to exceed ten months, which expires on September 30,
2021.
•
Page 573 of 1095
DocuSign Envelope ID:670697B4-4079-43BC-A6B9-7A044BF4E7CD
•
Commission Memorandum
Massage of South Beach,LLC.—Retail Lease Agreement
Page 2 of 3
ANALYSIS
Massage 'of South Beach, LLC has proven to be a successful operator since the lease
assignment in 2018. Current comparable operators in the adjacent retail spaces have
experienced significant loss in revenue due to the COVID-19 pandemic. Massage of South
Beach,LLC,despite any revenue loss,desires to continue operating at this location.The Tenant
is ready to invest approximately$100,000.00 by performing upgrades to the clinic to meet the ,
new corporate franchise standards, which must be completed by August 2022. , Furthermore,
Massage of South Beach, LLC has committed to making significant additional improvements to
the space, including updating the front desk area, air conditioning unit, replacing the flooring,
adding fixtures, and installing new outside signage. These changes will enhance the property
and provide a better overall experience to guests.
The proposed base rent below was derived at upon negotiations with the tenant, taking into
• consideration the significant investment the tenant is committing to of over $100,000.00 to
upgrade the space and it being the first year recovering from the COVID-19 pandemic. The
tenant has not requested additional rent abatement and has continued making timely payments.
If the space were to go up for lease instead,the City will lose revenue for the time the space is
on the market as well as the City would have to incur brokerage fees associated with leasing
the space. According to CoStar, the leading commercial real estate industry comprehensive
data platform with access to all brokerage firm inventory and leasing rates, the average
comparable office lease rate is approximately$35 per square foot(PSF) to $45 PSF within a
one-mile radius of this location.
The City entered into negotiations with Tenant and agreed to the following basic terms:
Demised Premises: Approximately 1,803 square feet of City-owned property,located at 1701
Meridian Avenue, Unit 2(a/k/a 77717th Street), Miami Beach, Florida
Initial Term: Five(5)Years
•
Renewal Option(s): Two(2)renewal options for two(2)years each, at the City
Manager's sole discretion.
Base Rent: $36.01 per rentable square foot, plus applicable sales tax. No increase
on the first year due to investment $100,000.00 and following annual
escalations increasing over time per the schedule below.
Base Rent
• Year Escalation Monthly Annual PSF
1 0% $ 5,410.80 $ 64,929.60 $ 36.01
2 3% $ 5,573.12 $ 66,877.49 $ 37.09 •
3 3% $ 5,740.32 $ 68,883.81 $ 38.21
4 3% $ 5,912.53 $ 70,950.33 $ 39.35
5 3% $ 6,089.90 $ 73,078.84 $ 40.53
•
Page 574 of 1095
DocuSign Envelope ID:670697B4-4079-43BC-A6B9-7A044BF4E7CD
Commission Memorandum
Massage of South Beach,LLC.—Retail Lease Agreement
Page 3 of 3
6 4% $ 6,333.50 $ 76,001.99 $ 42.15
7 4% $ 6,586.84 $ 79,042.07 $ 43.84
8 4% $ 6,850.31 $ 82,203.75 $ 45.59
9 4% $ 7,124.33 $ 85,491.90 $ 47.42
Following the recommendation of the Finance and Economic Resiliency Committee
meeting on July 30, 2021 in favor of approving a new lease for tenant based on the
proposed financial terms, I recommend that the Mayor and City Commission waive the
formal competitive bidding requirement, by 5/7ths vote, as permitted under Section 82-
39(a)of the City Code,as being in the best interest of the City,in that,keeping a successful
operator, instead of incurring additional costs to locate a new tenant, which may not be
successful in the space, makes better business sense. The proposed rent schedule,
currently at$36.01 per square foot,will place this tenant within current market asking rents
($35 PSF-$45 PSF).Additionally, standard current leases usually carry an escalation of
3% per year. Tenant's new lease escalation increases to 4% per year as of year six(6),
which allows for the base rent schedule to remain above market rents.
FINANCE AND ECONOMIC RESILIENCY COMMITTEE
At the July 30, 2021 Finance and Economic Resiliency Committee(FERC) meeting, the
Administration presented the terms and conditions set forth above. The FERC considered
this matter and recommended in favor of approving a new Lease Agreement with Massage
of South Beach, Inc., for a period of five (5) years, with (2) renewal options for two (2)
additional two(2)years and three hundred and sixty four(364)days.
CONCLUSION
Based upon the foregoing, the Administration recommends that the Mayor and City
Commission adopt the Resolution, accepting to waive the formal competitive bidding
requirement, by a 5/7ths vote, as permitted under Section 82-39(a) of the City Code,
finding such waiver to be in the best interest of the City. Said Resolution approving and
authorizing the Mayor and City Clerk to execute a new lease agreement with Massage of
South Beach, LLC, in accordance with the above stipulated terms and conditions.
Attachments:
1) Resolution
Page 575 of 1095
DocuSign Envelope ID:670697B4-4079-43BC-A6B9-7A044BF4E7CD
•
•
VINE I • NEIGHBORS I I SUNDAYSEPTEMBEEI20I1
CITY OF MIAMI BEACH CITY OF MIAMI BEACH
NOTICE OF PUBLIC HEARING MEETING NOTICES
September 13-17,2021
eon0A7,up..H.0
SEPTEMBER 17, 2021 CITY COMMISSION MEETING 1w*RwwwieOm( ' •=p.^Wd.cd 441.7.41.,MII 11.7114141a LULU,,.„
I 1 1H411 lie lam II llidMNaa
On September 17,2021,the City of MIamt Beach will host a Hybrid Cru mbsfon Meeting. see i' •nwr-•../rr•a fly i MI Gs*.tn e+. .•aComm/UlanDuring the Hybrid Commi Wen Meeting,the Clly Comm/Ulan will be phkeicaIly present Ina socially distanced I n w
7..40.41.74111.4 ai,.hwawn I vuaw0
NM!,In the Commission Chamber,Miami Beach City Hall.1700 Convention Carder Drive,Ord Root, II fulfil fautee Swatnaa•
Miami Beach,FL 33139.The public is encouraged to attend the meeting uirtudly as provided befaw). rYak°ed•a I r.,w.k+*r.�'•.+sm^Itfssudsna...�.,aerw
Howes,,members of the public who*His to attend the meeting or prOdde public comment in person (epos"• n nar°o"r. i rTRjI1Wa
may appear at the Commission Chamber.Members of the public arc legated to wear ladal covering° -- p..dht.a°.+. .-- •luau o!wRliab - -
(pursuant to City of Miami BeachResolution 2031-31625)and observe soda(distancing consistent with CDC TUMMY,°'Nava''14
guidance Is om0 the spread of COVED-19. I tie.,.. r/x e.Sed=rImW rrt4 ).mnwarww..✓nurtas0lro.s..nw.rnoatrranearavuol
p.,,urryi ,Nr,up0Y/0dall rnuN,Yam
•To participate or preside comment vidu dui the Commissfn Meeting,the public mayotn 1s1WLttlataWlma
P °Ay n0 p ) I NanofUNulu.htux.nmt.
the webinar at hfes:/7mlamibeecMWovneomusVl8139285767t or via telephone at 1.301.715.6592(U.S.) 1 Waco ud,vawa'awahetW.rw- ,marwwa .rm auma.siss:.9,vea1❑euru mut
ton
or 669.475.4499(Toll Free).Webinar ID:81392657671e,Members of the public wanting to speak%i nv.IN on momesutmleu•
an Horn during the meeting,must dick the'raise hand'Icon Outing the Zoom app or pre u'9 en the telephone I fa+titlf~haesAidiir=ss Spook C.Orens ask
to raise their hand. I tal.w rwra.asaearwardw►try {r0a,..tfi.ird✓ydululnlrwnfaaomv eea4(N.1••••U61
Waawlfg 9n.ltUlEe rush$p=9
NOTICE IS HEREBY GIVEN that the Wowing Public Hearing will be heard by the Mayor and i I a'aii outman. a'amfatm°.
City Commisslonere of the City of Miami Beady,Florida,on September 17,2021 at L00 p.m.or as won i I0:i.- odtoot, .aanet.l!cab,kt I boar• •••••—•-ytWaw 1/.rpssss=luvue.nusu
thereaher an the matter can ho heard: I Oowll '1 j s.we011uUb.4r.
1 rmfn iaGlabw fanfw blame,s4 400a i 1.1111411111
am a.m.Politic Hurlttp 1 aMIAe•1 puu
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH.FLORIDA. rms. vanar.,ca.n+w,l.ea..ewm'wr• 1 wwaal
FOLLOWING A DULY ADVERTISED PUBLIC HEARING,ACCEPTING THE RECOMMENDATION OF THE IndOisuilesserfusst t I wtmba f
FINANCE AND ECONOMIC RESLIENCY COMMITTEE,AND WAIVING BY 5I7TH VOTE,THE FORMAL rtes. e..a u a.ae. l,a •aaw.w✓,nnuortdlr rnneromsmlaarw.'wrddt
COMPETITIVE BIDDING REQUIREMENT IN SECTION 60-39(A)OF THE CITY CODE,FINDING THAT THE hone.," I.snanmaa'sal.mne
sun plltmuls r rauaeermerta
PUBLIC INTEREST WOULD BE BETTER SERVED BY WAIVING SUCH CONDITION,AND APPROVING AND •• •• • •'
�
AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE A LEASE AGREEMENT BETWEEN THE bpan ha„'r:a'''do"c'ntn mav w rwaiwaaryttmm m•nianrwoouwvna meusuvaoo=
2lady 371/rtaill.•.II11wlft
CITY(LANDLORD)AND MASSAGE OF SOUTH BEACH.LLC.(TENANT)FOR THE USE OF APPROXIMATELY I aurwe,inimrte. Pasale nun.
1,1103 SQUARE FEET OF GROUND FLOOR RETAIL SPACE LOCATED AT 1701 MERIDIAN AVENUE, aamassoAY,f.tanbv la
UNIT 2(A/K/A 7YI t7TH STREET)FOR AN INITIAL TERM OF FIVE(5)YEARS.WITH TWO(2)SUCCESSIVE Isla. i ph A,apar aurnjs,/aaeN.•. •rr,c,L euw.•7isaun, ,ilattntanUou=aautl
TWO-YEAR RENEWAL TERMS AT THE CRTYS OPTION.this Resolution is being beard pursuant to¢t66.041 P.S. •bnomraaa:end. I loanpntrronas
Ingrfdies may be direeled to Me Facilities and Fleet Management Department at 305.673.7631. motormen I,IbYW M j. n. aA!te•a O'. u,ilydt
See . II Noare1.11DU.boyLoalt ra.na.,.yWlaunNih.a•aoUPrtsowxra.oane=hm
INTERESTED PARTIES are;rotted to lake port In h1,meeting or be represented by an agent { s ho.u:rig !.MLLiWscrucu Upi
The public may eubmlt written comments by sending an email to:CltyCterkainlamlbeache nay by 5A0 p.m. 1 1 .a, wpnYulbo, Paw.aa was.
the day before the City Commission Meeting.New Identify the Agenda gem Number to the Small Subject I My,.My,. I•"MOBen infendn,Y,olet an t,nnam,a51um8rm6a•.anasN'einowrnrula,man
Me.Emstls received wIT be forwarded to Ole Mayor and Corrmdssbners and will be Included a.a part ad the fools.bl ;au..p=aRRam Pe..f.supra
Luapula
meeting record. i aupnna. tlnl. Io ua,U mfa.
Codes of this Agenda Item are available Tar public Inspection al:h11o526610 mlamiheheo 11 TMY�aa''°e°".ir If ••
gpv/cOvhalf/cMleraraeanda•arcMve.nahroeae-27.This meeting,or any Item therein,may be continued, IA.' I lcru°wart m"ru.+ubro.rnn
MO Cove•floteeto Me.,t It
and under net, flakecircumstances,additional legal flake need not be provided. aim 4 rnu.
rma s.attetcoo•var went i kale rm
Prpsuant to Section 266.0155,Fla.Sul,the City hereby adobes the public that a a person decIdes w.v,ah.aw„ ,mmontaatn
to west any deaislan made by the City Cmnnrladm with respect to any matter considered al its meeting or IMMOn.S.pt0N0,r 17
SD hearing,such person must ensu,ethat a verbatim record al the proceedings is mask,which record Includes I en.. I luPor.m_U ,nwn^n.0,a,0's•.x•rmtirin.r lell,llill.rpaamarn
the testimony and evidence upon Witch the aPOaal la 10 be based.This notice does not constitute cmaant by !nontenn wctoraana• i sum ppunipw.
I jkAwa•47 imeaeenur:efu•v I n.r6wraece.ma cart.
the ClNtor the introduction or admission cf otherwise Inadmisstbie or IrmIevant evidence.nor does it authorise _
chalceoe or appeals not otherwise slowed by law. •four AunovuRrts',.tawnoutnnuu.,n Aasher.,drssonsa�ro,..wsry� � �ewYre.f..ra.shn.heb.r
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channel,and on social media el hItte•Mwsvorfecnbaek cerec3vofmlambeaah• .rdtwaewargdteporm,Maa.,n•fat crdaNAaaMwy.Awne,o'asnYaaaa.n tiawlaApaaa waladmi:
aw.,Natalamlw 7..."4•wrialb,r.NalMb.C.AwMw.arwl
Read E.Gronodo,City Clerk Ghoul i wade Ma Crna ew 0*vee.aa4 leld Taradarem kwnd a el Cowes foe,Ms h.,wesn.r w.eve=•aW.'i♦ty&
,1�` Gry of Miami Beazh arrd../w,.lffi4 kg r.e.aroa,W.fr.,.a;dW.riJM drat w.it*Me,M'w'peeyeee.a'a:.4...dr nrvrnwa Sur
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Page 578 of 1095
DocuSign Envelope ID:670697134-4079-43BC-A6B9-7A044BF4E7CD
".
M I AM IBEACH • Contract/Document Routing Forth,
_ • • .
Cohtract Nal "
Massage of South Beach,LLC-New Lease Agreement
'Contractor De•artment
Facilities and Fleet Management
De.attment Dir- t:Seturfe''' ACM Name Stet ture,_ '
Or LS
Adrian Morales Lester Sola S
‘--546369F721 81340F. 180o2o9DI Ove4LE
^ "."'''"f;;;;,*i" Seletthhe• ' ' ,e •
Type 1—Contract,amendment,change order or task order resulting from a procurement-issued competitive solicitation.
Type 2—Other contract,amendment,change order or task order not resulting from a procurement-issued competitive solicitation.
Type 3—Independent Contractor Agreement(ICA) X Type 6—Tenant Agreement
Type 4—Grant agreements with the City as the recipient Type 7—Inter-governmental agency agreement
Type 5—Grant agreements with the City as the grantor Other:
&PurOse,atiatfiMierifc'rif s.`aCe is*neCeS-sar - " I
Attached please find for your signature a new lease agreement between the City and Massage of South Beach,LLC.
as approved pursuant to Resolution No.2021-31893 adopted at the October 13,2021 Commission Meeting.
7Renewal PetiOd's '7. 7 Total:Tenn
5 Years 2(2)year options 9 Years
° ' , -
Grant Funded: Yes x No State Federal _ Other:
. Cost&Fundin:Source "." •""
„.Year Annual-Cost , : Acccant . Re.uire Enhancement -
1 Yes No
2 Yes No
3 Yes No
4 Yes No
5 Yes No
1.For contracts longer than five years,contact the Procurement Department. 2.Attach any supporting explanation needed.
3. Budget approval indicates approval for current fiscal year only. Future years are subject to City Commission approval of
annual adopted operating budget.
?Authlirit e
City Commission Approved: x Yes No Resolution No.: CC Agenda Item No.: CC Meeting Date:
2021-31893 R7 A October 13,2021
If no,explain why CC approval is not required:
Legal Form Approved: x Yes No If no,explain below why form approval is not necessary:
pf, 4,M!.!..rigzta7t, ;,,if Corn.liance"A.'.royals,see`'attached,aztv,t-T:af
Procurement: Grants:
Budget: Information Technology:
,--DocuSigned by:
Risk Management: Fleet&Facilities: Ozzie Dominguez 61.02,11it,
•
Human Resources: Other: