2004-25762 ResoRESOLUTION NO. 2004-2.5762
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE
MAYOR AND CITY CLERK, FOLLOWING A DULY NOTICED PUBLIC
HEARING, TO EXECUTE A LEASE AGREEMENT BETWEEN THE CITY
AND THE MIAMI POLICE FEDERAL CREDIT UNION, FOR USE OF
APPROXIMATELY 196 SQUARE FEET OF CITY-OWNED PROPERTY
LOCATED AT 1100 WASHINGTON AVENUE, MIAMI BEACH, FLORIDA;
AND FURTHER WAIVING, BY 5/7THS VOTE, THE COMPETITIVE
BIDDING AND APPRAISAL REQUIREMENTS; AS REQUIRED BY
SECTION 82-39 OF THE MIAMI BEACH CITY CODE, FINDING SUCH
WAIVER TO BE IN THE BEST INTEREST OF THE CITY
WHEREAS, the City and the Miami Police Federal Credit Union (Credit Union) have
agreed to enter into a thirty-five (35) month lease, with any renewal option(s) being at the
City's sole discretion, for the use of approximately 196 square feet of City-owned property
located at 1100 Washington Avenue; and
WHEREAS, Section 82-39 of the Miami Beach City Code, governing the sale/lease
of public property, requires a public bidding process, a Planning Department analysis, and
an independent appraisal to determine the value of the leasehold interest; as well as a
public hearing to obtain citizen input; and
WHEREAS, on November 17, 2004, the City Commission adopted Resolution No.
2004-25732, setting a public hearing on December 8, 2004; and
WHEREAS, Section 82-39 further provides for the waiverofthe competitive bidding
and appraisal requirements, by 5/Tths vote of the Mayor and City Commission, for leases
of City land, upon a finding by the Mayor and City Commission that the public interest
would be served by waiving such conditions.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and Gtty
Commission of the City of Miami Beach, Florida, approve and authorize the Mayor and City
Clerk, following a duly noticed public hearing, to execute a Lease Agreement between the
City and the Miami Police Federal Credit Union, for use of approximately 196 square feet of
City-owned property located at 1100 Washington Avenue, Miami Beach, Florida; and
further waiving, by 5/7ths vote, the competitive bidding and appraisal requirements; as
required by Section 82-39 of the Miami Beach City Code, finding such waiver to be in the
best interest of the City.
PASSED and ADOPTED this 8th
CITY CLERK
JMG\RAM\rarn
day of December,
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
· Ci~ .~tt°me¥~ Data
CITY OF MI*AMI BEACH
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution approving and authorizing the Mayor and City Clerk, to execute a lease agreement between
the City and the Miami Police Federal Credit Union, for use of approximately 196 square feet of City-owned
property located at 1100 Washington Avenue; and further waiving, by 5/7ths vote, the competitive bidding
and appraisal requirements.
Issue:
Shall the Mayor and City Commission approve the lease agreement with Miami Police Federal Credit Union
and waive the competitive bidding and appraisal requirements.~
Item Summary/Recommendation:
The Credit Union has been Providing service to the employees of the Miami Beach Police Department. The
Credit Union currently operates an ATM in the lobby of the Police building and come on-site once a week to
provide service for the members. The Credit Union has requested to expand their service by establishing an
office on-site. The space that they will occupy is currently vacant. The parties mutually agreed to an initial
35 month lease commencing November 1,2004, and ending September 30, 2007. Upon expiration ofthe
initial term, this agreement may be renewed, at the City's sole discretion, for an additional three (3) year
term. The Miami Police Federal Credit Union agrees to pay the City $15.00 per square foot as consideration
for use of the designated space.
Administration recommends adoption of the Resolution.
Advisory Board Recommendation:
Financial Information:
Amount to be expended: None
Fund,:
Finance Dept.
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
www.ci.miami-beach .fl .us
To:
From:
Subject:
COMMISSION MEMORANDUM
Mayor David Dermer and Date: December 8, 2004
Members of the City Commission
Jorge M. Gonzalez t ~~
City Manager
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE
MAYOR AND CITY CLERK, FOLLOWING A DULY NOTICED PUBLIC
HEARING, TO EXECUTE A LEASE AGREEMENT BETWEEN THE CITY
AND THE MIAMI POLICE FEDERAL CREDIT UNION, FOR USE OF
APPROXIMATELY 196 SQUARE FEET OF CITY-OWNED PROPERTY
LOCATED AT 1100 WASHINGTON AVENUE, MIAMI BEACH, FLORIDA;
AND FURTHER WAIVING, BY 5/7THS VOTE, THE COMPETITIVE
BIDDING AND APPRAISAL REQUIREMENTS; AS REQUIRED BY
SECTION 82-39 OF THE MIAMI BEACH CITY CODE, FINDING SUCH
WAIVER TO BE IN THE BEST INTEREST OF THE CITY.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
ANALYSIS
For the past year and a half the Miami Police Federal Credit Union (Credit Union) has
been servicing the employees of the Miami Beach Police Department. The credit union
currently operates an ATM and has its employees come to the police building once a
week to service its members. The Miami Police Credit Union has been interested in
establishing a full service office on-site to provide better service to its members.
The space that they will occupy is currently vacant. The parties mutually agreed to an
initial 35 month lease commencing November 1,2004, and ending September 30, 2007.
Upon expiration of the initial term, this agreement may be renewed, at the City's sole
discretion, for an additional three (3) year term. The Miami Police Federal Credit Union
agrees to pay the City its proportionate share of operating expenses, insurance, and real
estate taxes.
The Administration deems the proposed agreement with the Credit Union is in the City's
best interest. Furthermore, since the Credit Union's operation is viewed as an amenity
and benefit to the City and its employees, it is recommended and deemed in the City's
best interest to waive the competitive bidding and appraisal requirements.
Section 82-39 of the Miami Beach City Code, governing the sale/lease of public property,
provides that the lease of any City-owned property, including option periods, requires the
following:
1)
2)
3)
4)
a public bidding process
a Planning Department analysis
an independent appraisal to determine the value of the leasehold
interest
a public hearing to obtain citizen input
Section 82-39 further provides for the waiver of the competitive bidding and appraisal
requirements, by 5/7ths vote of the Mayor and City Commission, upon a finding by the
Mayor and City Commission that the public interest would be served by waiving such
conditions.
On November 17, 2004, the City Commission adopted Resolution No. 2004-25732,
setting a public hearing on December 8, 2004.
Based on the foregoing, the Administration recommends that the Mayor and City
Commission, following the duly noticed public hearing, approve and authorize the Mayor
and City Clerk, to execute a Lease Agreement between the City and the Miami Police
Federal Credit Union, for use of approximately 196 square feet of City-owned property
located at 1100 Washington Avenue, Miami Beach, Florida; and further waiving, by
5/Tths vote, the competitive bidding and appraisal requirements; as required by Section
82-39 of the Miami Beach City Code, finding such waiver to be in the best interest of the
City.
JMG\~l\ram
CITY OF MIAMI BEACH
Planning Department
Interoffice Memorandum
To:
From:
Subject:
Cristina M. Cuervo
Assistant City Manager
Jorge G. Gomez ~
Planning Director
PLANNING ANALYSIS PURSUANT TO SHAPIRO ORDINANCE
Date: December 1, 2004
The following is the Planning analysis pursuant to Section 82-38 of the City Code for the use of 196
square feet of space on the first floor of Police Headquarters at 1100 Washington Avenue, which is
owned by the City. This analysis is for the lease with the Credit Union.
Whether or not the proposed ordinance is in keeping with City Goals and objectives
and conforms to the Comprehensive Plan.
The use contemplated in the above mentioned lease is not inconsistent with the
Comprehensive Plan.
The impact on adjacent property, including the potential positive or negative impacts
such as diminution of open space, increased traffic, noise level or enhanced property
values, improved development patterns and provision of necessary services. Based
on the proposed use of the property, the City shall determine the potential impact of
the project on City utilities and other infrastructure needs and the magnitude of the
costs associated with needed infrastructure improvements. Should it become
apparent that further evaluation of traffic impact is needed, the proponent shall be
responsible for obtaining a traffic impact analysis from a reputable traffic engineer.
The proposed use is not expected to have any detrimental impact on any adjacent
properties. This use in a limited portion of the existing structure is not foreseen to have any
increase in traffic or other infrastructure needs, as most of the patrons will be employees
working inside the building.
A determination as to whether or not the proposed use is in keeping with a public
purpose and community needs, such as expanding the City's revenue base, reducing
City costs, creating jobs, creating a significant revenue stream, and improving the
community's overall quality of life.
The Credit Union provides a valuable service for City employees and retirees, and provides
employment for the employees of the Credit Union.
Determination as to whether or not the development is in keeping with the
surrounding neighborhood, will block views, or create other environmental
intrusions, and evaluation of the design and aesthetic considerations of the project.
The lease agreement is for office space within an existing structure and the use is not
expected to create environmental intrusions into the community.
Credit Union space rental
December 1,2004
Page 2
The impact on adjacent properties, whether or not there is adequate parking, street
and infrastructure needs.
There are no negative impacts to the criteria items from this project. The lease for an
individual office use within an existing structure do not create any additional impacts, as all
those needs were met or mitigated during construction of the overall building.
A determination as to whether or not alternatives are available for the proposed
disposition, including assembly of adjacent properties, and whether the project could
be accomplished under a private-ownership assembly.
It is possible that the rental of office space to the Credit Union could be accomplished in
other places within the City; however no other readily available site provides as much
convenience to City employees as the proposed location within the Police Department.
Within the constraints of public objectives, the department should examine financial
issues such as job generation, providing housing opportunities and the return to the
City for its disposition of property.
As detailed above, jobs are created and a significant amenity for City employees and
retirees is provided. Other issues are not applicable.
Such other issues as the Planning Department may deem appropriate in analysis of
the proposed disposition.
None.
JGG/RGL~L
F:\PLAN\$ALL\Shapiro amend files\Credit Union PD space rental.doc
CITY OF MIAMI BEACH
NOTICE OF PUBLIC HEARINGS
NOTICE IS HEREBY given that pub!lc hearings will be held by the Mayor and City Commission of the City of Miami Beach, Florida,
in the Commission Chambers, 3rd floor, City Hall, 1700 Convention Center Drive, Miami Beach, Florida, on Wedne~day~
December 8, 2004, at the times listed below to consider the following:
at 10:20 a.m,:
TO GRANT A CERTIFICATE OF APPROPRIATENESS FOR DEMOLITION OF THE EXISTING STRUCTURE LOCATED AT 7601 ATLANTIC
WAY AND 7611 COLLINS AVENUE, RESPECTIVELY; BOTH STRUCTURES DESIGNATED AS SINGLE FAMILY CONTRIBUTING
STRUCTURES IN THE CiTY OF MIAMI BEACH HISTORIC PROPERTIES DATABASE AND LOCATED WITHIN THE HARDING TOWNSrrE/
ALTOS DEL MAR LOCAL HISTORIC DISTRICT; SAID DEMOLITION NECESSARY IN ORDER TO PROCEED WITH THE DEVELOPMENT ON
THE SAME SITE OF THE ALTOS DEL MAR PARK PROJECT.
at 10:25 e.m,:
TO GRANT A CERTIFICATE OF APPROPRIATENESS FOR DEMOLITION OF AN EXISTING RESTROOM FACILITY LOCATED AT 1401
OCEAN DRIVE, IN ORDER TO CONSTRUCT A NEW RESTROOM FACILITY AT THE SAME SITE.
Inquiries may be directed to Capital Improvements Projects at (305)673-707t.
at 10:.30 a.m.:
TO HEAR PUBLIC COMMENT REGARDING THE LEASE SETWEEN THE MIAMI POLICE FEDERAL CRED T UNION AND TIlE CITY OF
MIAMI BEACH, OF APPROXIMATELY 190 SQUARE FEET OF CITY-OWNED PROPERTy, LOCATED AT 1100 WASHINGTON AVENUE,
MIAMI BEACH, FLORIBA, FOR AN INITIAL THIRTY FIVE (35) MONTH TERM, COMMENCING ON NOVEMBER 1, 2004 AND ENOING ON .
AS(~E[.M~.E,R. ,.3,0:.2..0~0.7i .F..U..R_T..~HE.R_. C_O_N~S_E.N_TI_N.G TO_ THE NEGOTIATED TERMS PRESENTED HEREIN, SUBJECT TO A LE/I~E +
~M~Ni ~m A ~'u~rvl A[;t.;~:FIAULI:/U iht: L;I [Y ATTORNEY AND COMPLIANCE WITH THE REQUIREMENTS OF SECTION 82-36'
oEACH c,TY CODE FURTHER WA,V,.G SY 6 THS VOTE THE COMP ,T,VE B,DO,.G i
Inquiries may be directed t°'City Maneger's Office at (305)673'701 O' ~' :J
FLORIDA STATUTES, ALSO REFERRED TO AS THE "FLORIDA LOCAL GOVERNMENT DEVELOPMENT AGREEMENT ACT, THE FIRST
AMENDMENT TO THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND THE NEW WORLD SYMPHONY,
DATED JANUARY 5, 2004, FOR THE DEVELOPMENT OF A PORTION OF THE SURFACE PARKING LOT, ROUNDED BY 17TH STREET'
TO THE NORTH, NORTH LINCOLN LANE TO THE SOUTH, WASHINGTON AVENUE TO THE EAST AND PENNSYLVANIA AVENUE TO THE
WEST, FOR CONSTRUCTION OF AN APPROXIMATELY 50,000 SQUARE FOOT EDUCATIONAL, PERFORMANCE AND INTERNET
BROADCAST FACILITY WITH AN EXTERIOR SCREEN ("SOUNDSPACE"), AND AN APPROXIMATELY 320-SPACE (+/-) PUBLIC PARKING ~
GARAGE FACILEY; SAID ADDENDUM SPECIFICALLY AMENDING THE DEVELOPMENT AGREEMENT, REQUIRING THE DEVELOPER TO
~iRNOcC[EED WITH THE DESIGN AND DEVELOPMENT OF ZONE 1, COMPRISING THE PARK AND ~REXEL AVENUE BETWEEN NORTH
COLN LANE AND 17TH STREET, AT THE OWNER'S COST AND EXPENSE NOT TO EXCEED StO 000,00,0,; ZONE 2, COMPRISING
THE JACKIE GLEASON THEATER OF THE PERFORM NG ARTS (TOPA ENTRY LANDSCAPING AT THE OWNER S COST AND EXPENSE, .
NOT TO EXCEED $1,150,000; AND ZONE 3, COMPRISING NORTH LINCOLN LANE IMPROVEMENTS, AT OWNER'S COST AND
EXPENSE, NOT TO EXCEED $500,000.
Inquiries may be directed to Economic Development at (305)673-7260.
iNTERESTED PARTIES are invited to appear at this meeting, or be represented by an agent, or to express the r views in writing
addressed to the City Commission, c/o the City Clerk, 1700 Convention Center Drive, 1st Floor, City Hall, Miami Beach, Ftodda
33139. This meeting may be opened and continued and, under such cimumstances additional legal notice would not be provided.
Robert E. Parcher,
City Clerk
City of Miami Beach
Pursuant to Section 286.0105, Fla. Stat., the City hereby advises the public that: if a person decides to appeal any decision made
by the City Commission with respect to any matter considered at its meeting or its hearing, such person must ensure that a
verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be
based. This notice does not constitute consent by the City for the introduction or admission of otherwise inadmissible or
irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law.
To request this material id accessible format, sign language interpreters, information on access for persons with d sab ities, and/
or an~ aCC°rolq~datiop to reviey~ arly document or participate in any c ty-sponsored proceeding, please contact (305) 604-2489
(vOtGe),,~305)i573:721~'~ive da~s in advance to initiate your request. TTY users may also call 711 (Florida Relay Service).
LEASE AGREEMENT
THIS LEASE AGREEMENT, made this 0' '"day of December, 2004, by and
between the CITY OF MIAMI BEACH, a Florida municipal corporation, (hereinafter referred
to as "City" or "Landlord"), and Miami Police Federal Credit Union, a federally chartered
credit union, (hereinafter referred to as "Tenant").
Demised Premises.
Landlord, 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 Landlord, those certain premises hereinafter referred to as the "Demised
Premises", located in the City of Miami Beach, 1100 Washington Avenue, Miami
Beach, Florida 33139, and more fully described as follows:
Unit 1100 Washington Avenue, Rooms 110 and 111:
encompassing one hundred and ninety six (196) square feet on the
ground floor (total leasable space).
2. Term.
2.1.
The Tenant shall be entitled to have and to hold the Demised Premises for a
term of thirty-five (35) months, commencing retroactively on the 1st day of
November, 2004 (Commencement Date), and ending on the 30th day of
September, 2007.
2.2.
The term of this Lease Agreement may be renewed for an additional three-
year term, at the Landlord's sole discretion. In the event of such renewal,
Landlord reserves the right (and Tenant hereby acknowledges same), to
calculate any Rent as set forth in Section 3 of this Lease Agreement. In the
event Tenant intends not to have the term extended beyond the Lease term
which is currently in effect, Tenant shall communicate same, in writing, to
Landlord at least thirty (30) days prior to the end of the current Lease term.
3. Rent.
3.1
Base Rent: Base Rent for the Demised Premises shall begin to accrue,
retroactively, as of December 1, 2004, and shall be based upon a total
leasable space of 196 square feet.
3.1.1
Base Rent for the Demised Premises shall total one dollar ($1.00)
for the term, including any extensions thereof, payable in advance
upon execution of this agreement.
3.2
Additional Rent:
In addition to the Base Rent, as set forth in Section 3.1, Tenant shall also
pay to Landlord Additional Rent as provided below:
3.2.1
Operating Expenses:
Tenant shall pay Landlord two hundred and forty-five dollars
($24,5.00) per month, towards "Operating Expenses" which are
defined as follows:
"Operating Expenses" shall mean the total cost and expenses
incurred by Landlord in operating, repairing, and maintaining the
Common Facilities (hereinafter defined) actually used, or the
Common Facilities (hereinafter defined) available for use by the
Tenant and its employees, agents, servants, customers and
invitees, excluding only the items included within the Base Rent
amount.
"Common Facilities" shall mean all areas, space, equipment and
special services, including 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 Landlord'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
Landlord for the common or joint use and/or benefit of the
occupants of 1100 Washington Avenue, their employees, agents,
servants, customers and other invitees.
Tenant agrees, and understands, that the costs incurred by the
Landlord for Operating Expenses may increase or decrease, and
as such the Tenant's pro-rata share of Operating Expenses shall
increase or decrease accordingly.
3.3 INTENTIONALLY OMITTED
3.4
Sales Tax:
Concurrent with the payment of the monthly installment of Base Rent and
Additional Rent provided herein, the Tenant shall also include any and all
additional sums for all applicable sales and use tax, as provided in Section
3.5, now or hereafter prescribed by State, Federal or local law, and now
described by Florida Statute 212.031, presently at the rate of seven (7%)
percent of the rental payments.
Location for Payments.
All rents or other payments due hereunder shall be paid to the City of Miami Beach
at the following address:
City of Miami Beach
Police Department
Financial Management Unit
cio Financial Manager
1100 Washington Avenue
Miami Beach, Florida 33139
Parking.
5.1
Tenant may request, from the City's Parking Department, the use of parking
spaces, if available, a first come, first served basis, at Municipal Parking
Garage located on 12th Street and Drexel Avenue. Rates for said spaces are
subject to change, and are currently $60.00 per month, plus applicable sales
and use tax per space.
INTENTIONALLY OMITTED
Use and Possession of Demised Premises.
7.1
The Demised Premises shall be used by the Tenant solely as a federal credit
union to provide financial services to members comprised primarily of City of
Miami Beach Police Department employees. Said Premises shall be open
for business in accordance with Federal Law. 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 Lease only for the above purposes, and for no
other purposes or uses whatsoever. Tenant will not make or permit any use
of the Demised Premises that, directly or indirectly, is forbidden by public
law, ordinance or government regulation, or that may be dangerous to life,
limb or property. Tenant may not commit waste on the Demised Premises,
use the Demised Premises for any illegal purpose, or commit a nuisance on
the Demised Premises. In the event that the Tenant uses the Demised
Premises for any purposes not expressly permitted herein, then the Landlord
may declare this Lease in default pursuant to Section 18, or without notice to
Tenant, restrain such improper use by injunction or other legal action.
Improvements.
8.1
Tenant acknowledges that the Landlord has constructed improvements, to
accommodate Tenants needs in accordance with the plans approved by the
Tenant, at Landlord's sole cost and expense, which are reasonably
necessary for Tenant to carry on its permitted use(s), as set forth above. In
the event Tenant wishes to additionally improve or alter the Demised
Premises, the plans for such improvements shall be submitted to the
Landlord for the Landlord's prior written consent, which will not be
unreasonably withheld or delayed. All permanent (fixed) improvements to
the Demised Premises shall remain the property of the Landlord upon
termination of the Lease. Upon the lawful termination of the Lease, all
personal property and trade fixtures belonging to the Tenant may be
removed by the Tenant from the Demised Premises without damage to the
Demised Premises. The failure of Tenant to complete the any additional
improvements and be granted a Certificate of Occupancy or Certificate of
Completion (whichever is applicable) within a reasonable time from the date
of execution of this Lease shall be deemed a default by Tenant. Tenant will
permit no liens to attach to the Demised Premises arising from, connected
with or related to the construction of the additional improvements. Moreover,
such construction shall be accomplished through the use of licensed,
reputable contractors who are acceptable to Landlord, approval of which will
not be unreasonably withheld. Any and all permits and or licenses required
for the installation of improvements shall be the sole responsibility of Tenant.
8.2
The above requirements for submission of plans and the use of specific
contractors shall not apply to maintenance or repairs which do not exceed
ten thousand ($10,000.00) dollars, provided that the work is not structural,
and provided that it is permitted by applicable law.
8.3 Signs: See Section 22 herein.
Landlord's Right of Entry.
9.1
The Landlord, or its authorized agent or agents, 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 Landlord may
consider necessary and for the purpose of preventing fire, theft or vandalism.
However, Landlord agrees that whenever possible, Landlord shall provide
reasonable notice, in writing, to Tenant, except in the event of an emergency
as provided below, and provided Tenant is allowed to reasonably enjoy the
Premises and conduct its business and shall enter the Premises only when
accompanied by an authorized representative of the Tenant, unless the need
to enter the Demised Premises is an emergency, as deemed by Landlord at
its sole discretion, which if not immediately addressed could cause property
damage, loss of life or limb, or other injury to persons. Nothing herein shall
9.2
imply any duty on the part of the Landlord to do any work that under any
provisions of this Lease the Tenant may be required to perform, and the
performance thereof by the Landlord shall not constitute a waiver of the
Tenant's default.
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 Landlord, or its agents, may enter the'
Demised Premises by master key, or may forcibly enter the Demised
Premises without rendering the Landlord or such agents liable therefore.
9.3
Tenant shall furnish Landlord duplicate keys to all locks including exterior
and interior doors upon the effective date of this Lease Agreement. Tenant
shall not change the locks to the Demised Premises without the prior written
consent of Landlord, not to be unreasonably withheld, and in the event such
consent is given Tenant shall furnish Landlord duplicate keys to said locks in
advance of their installation.
10. Tenant's Insurance.
11.
12.
10.1
The Tenant shall, at its sole cost and expense, comply with all insurance
requirements of the Landlord. It is agreed by the parties that the Tenant
shall not occupy the Demised Premises until proof of the following insurance
coverages have been furnished to and approved by the City's Risk Manager:
10.1.1
Comprehensive General Liability in the minimum amount of
$1,000,000 per occurrence for bodily injury and property damage.
The City of Miami Beach must be named as additional insured on
this policy.
10.1.2
Workers Compensation and Employers Liability coverage in
accordance with Florida statutory requirements.
10.2
Proof of these coverages must be provided by submitting original certificates
of insurance. All policies must provide thirty (30) days written notice of
cancellation to both the City's Risk Manager and Asset Manager at 1700
Convention Center Drive, Miami Beach, Florida, 33139. 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.
Property Taxes and Assessments. INTENTIONALLY OMITTED
Assi,qnment and Sub etting.
12.1. Tenant shall not have the right to assign or sublet the Demised Premises, in
whole or in part, without the prior written consent of Landlord, approval of
which will not be unreasonably withheld. Such written consent is not a
matter of right and Landlord 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 Lease. A sale or
transfer of a majority interest of the stock of Tenant's corporate entity shall
be deemed an assignment, and for purposes of this Lease Agreement, the
Landlord shall have the right to approve the new majority owner. Said
approval shall be provided in writing. A change in majority interest shall not
be deemed to occur if ownership interests change among any of the
Tenant's current shareholders. However, any such change in majority
interest shall be communicated to the Landlord in writing immediately upon
said occurrence. Tenant is prohibited from assigning or subletting this Lease
to any person or entity which is not of the same or higher financial
responsibility as Tenant, as shall be determined by Landlord, in its sole
judgment and discretion.
12.2
Any consent by the Landlord to any act of assignment shall apply only to the
specific transaction thereby authorized. Such consent shall not be construed
as a waiver of the duty of the Tenant or the legal representatives or assigns
of the Tenant, to obtain from the Landlord consent to any other or
subsequent assignment, or as modifying or limiting the rights of the Landlord
under the foregoing covenants of the Tenant not to assign without such
consent.
12.3
Any violation of the provisions of this Lease, whether by act or omissions, by
assignee, sub-tenant, or under-tenant or occupant, shall be deemed a
violation of such provision by the Tenant, it being the intention and meaning
of the parties hereto, that the Tenant shall assume and be liable to the
Landlord for any and all acts and omissions of any and all assignees, sub-
tenants, or under-tenants or occupants. If the Lease be assigned, the
Landlord may and is hereby empowered to collect rent from the assignee; if
the Demised Premises or any part thereof be underlet or occupied by any
person, other that the Tenant, the Landlord, in the event of the Tenant's
default, may, and is hereby empowered to, collect rent from the under-tenant
or occupants; in either of such events, the Landlord may apply the net
amount received by it for rent herein reserved, and no such collection shall
be deemed a waiver of the covenant herein against assignment or the
acceptance of the assignee, under-tenant or occupant as tenant, or a
release of the Tenant from the further performance of the covenants herein
contained on the part of the Tenant.
13. Maintenance and Repair.
13.1
Tenant shall maintain the Demised Premises and the fixtures and
appurtenances therein, and at its sole cost and expense shall make all
repairs thereto as and when needed to preserve them in good working order
6
and condition. Landlord 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 within the Demised Premises), the common
areas and the chilled water supply system. Landlord shall maintain and/or
repair those items that it is responsible for, so as to keep same in proper
working condition. Tenant shall also 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, at its sole cost and expense.
14.
13.2
All damage or injury of any kind tothe Demised Premises and to its fixtures,
glass, appurtenances, and equipment, if any, or to the building fixtures,
glass, appurtenances, and equipment, if any, except damage caused by the
wrongful acts or negligence of the Landlord, shall be the obligation of Tenant,
and shall be repaired, restored or replaced promptly by Tenant at its sole
cost and expense to the satisfaction of Landlord.
13.3
All of the aforesaid repairs, restorations and replacements shall be in quality
and class equal to 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 Landlord, at the expense of Tenant, and all sums
spent and expenses incurred by Landlord shall be collectable as Additional
Rent and shall be paid by Tenant within ten (10) days after rendition of a bill
or statement thereof.
13.5
It shall be Tenant's obligation to insure 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 THE DEMISED PREMISES ARE BEING LEASED IN ITS PRESENT "AS
IS" CONDITION.
Governmental Requlations.
The 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 cost and expense. The
Tenant shall pay all cost, expenses, claims, fines, penalties, and damages that may
be imposed because of the failure of the Tenant to comply with this Section, and
shall indemnify and hold harmless the Landlord from all liability arising from each
15.
16.
event of non-compliance.
Liens.
Tenant will not permit any mechanics, laborers, or materialman's liens to stand
against the leased 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
Landlord reasonable security as may be demanded by Landlord to insure 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
(1-1/2) 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 Landlord, or Tenant
may "bond off" the lien according to statutory procedures. Tenant will immediately
pay any judgment rendered with all proper cost and charges and shall have such
lien released or judgment satisfied at Tenant's own expense.
Enforcement.
Tenant agrees to pay the Base Rent and any Additional Rent herein reserved at the
time and in the manner aforesaid, and should said rents herein provided, at any
time remain due and unpaid for a period of fifteen (15) days after the same shall
become due, the Landlord may exercise any or all options available to it hereunder,
which options may be exercised concurrently or separately or the Landlord may
pursue any other remedies enforced by law.
17. Condemnation.
17.1
If at any time during the term of this Lease and any renewal term hereunder,
all or any part or portion of the building in which the Demised Premises are
located, sufficient in size, to cause the Demised Premises to be
untenantable, is taken, appropriated, or condemned by reason of Eminent
Domain proceedings (except if the Eminent Domain proceedings are initiated
by the City of Miami Beach), then this Lease 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 Lease or anything contained therein, except that any rent
prepaid beyond the date of such taking shall be prorated to such date, and
the Tenant shall pay any and all rents, additional rents, utility charges, or
other costs including excess taxes for which it is liable under the terms of this
Lease, 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 Landlord in any such Eminent
Domain proceeding, excepting, however, the Tenant shall have the right to
claim and recover from the condemning authority, but not from the Landlord,
such compensation as may be separately awarded or recoverable by Tenant
18.
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.
Default.
18.1 Default by Tenant: At the Landlord's option, any of the following shall
constitute an Event of Default under this Lease:
18.1.1
The Base Rent, Additional Rent, or any installment thereof is not
paid promptly when and where due within fifteen (15) days of due
date and if Tenant shall not cure such failure within five (5) days
after receipt of written notice from Landlord specifying such
default;
18.1.2 Any other payment provided for under this Lease is not paid
promptly when and where due;
18.1.3 The Demised Premises shall be deserted, abandoned, or vacated;
18.1.4
The 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 Landlord specifying any such default;
or such longer period of time acceptable to Landlord, at its sole
discretion;
18.1.5
Receipt of notice of violation from any governmental authority
having jurisdiction dealing with a code, regulation, ordinance orthe
like, which remains uncured for a period of thirty (30) days from its
issuance, or such longer period of time acceptable to Landlord, at
its sole discretion;
18.1.6
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;
18.1.7 Tenant shall become insolvent;
18.1.8 Tenant shall make an assignment for benefit of creditors;
18.1.9
A receiver is appointed for Tenant by any court and shall not be
dissolved within thirty (30) days thereafter; or
18.1.10 The leasehold interest is levied on under execution.
9
19. Rights on Default.
Ri.qhts on Default: In the event of any default by Tenant as provided herein,
Landlord 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 Lease;
19.1.1
19.1
19.1.2
Terminate this Lease, in which event Tenant shall immediately
surrender the Demised Premises to Landlord, but if Tenant shall
fail to do so Landlord may, without further notice, and without
prejudice to any other remedy Landlord may have for possession
or arrearages in rent or damages for breach of contract, enter
upon Demised Premises and expel or remove Tenant and his
effects in accordance with law, without being liable for prosecution
or any claim for damages therefore, and Tenant agrees to
indemnify and hold harmless Landlord for all loss and damage
which Landlord may suffer by reasons of such Lease termination,
whether through inability to re-let the Demised Premises, or
through decrease in rent, or otherwise.
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 Lease 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 Landlord, as provided in the
Notices section of this Lease; provided, however, that such
payment shall not constitute a penalty, for[eiture, 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 Landlord deems, in its sole discretion,
desirable, and to receive the rents therefore, and Tenant shall pay
Landlord 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 Landlord; and for the purpose of re-letting, Landlord 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 Landlord any deficiency as
aforesaid.
10
19.2
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 the 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 Lease 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
Landlord's behalf to enforce this Section shall not constitute a
waiver of this provision with respect to future accruals of past due
rent. No interest will be charged for payments made within the
grace period, such grace period to be defined as within five days
of the due date. In addition, there will be a late charge of $50.00
for any payments submitted after the grace period.
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,
Landlord may pay such expense but Landlord shall not be
obligated to do so. Tenant upon Landlord's paying such expense
shall be obligated to forthwith reimburse Landlord for the amount
thereof. All sums of money payable by Tenant to Landlord
hereunder shall be deemed as Rent for use of the Demised
Premises and collectable by Landlord from Tenant as Rent, and
shall be due from Tenant to Landlord on the first day of the month
following the payment of the expense by Landlord.
19.1.7
The rights of the Landlord under this Lease shall be cumulative
but not restrictive to those given by law and failure on the part of
the Landlord to exercise promptly any rights given hereunder shall
not operate to waive or to forfeit any of the said rights.
Default by Landlord:
The failure of Landlord to perform any of the covenants, conditions and
agreements of the Lease which are to be performed by Landlord and the
continuance of such failure for a period of sixty (60) days after notice thereof
in writing from Tenant to Landlord (which notice shall specify the respects in
which Tenant contends that Landlord failed to perform any such covenant,
conditions and agreements) shall constitute a default by Landlord, unless
such default is one which cannot be cured within sixty (60) days because of
circumstances beyond Landlord's control, and Landlord within such sixty (60)
day period shall have commenced and thereafter shall continue diligently to
prosecute all actions necessary to cure such defaults.
However, in the event Landlord fails to perform within the initial 30 day period
provided above, and such failure to perform prevents Tenant from operating
11
its business in a customary manner and causes an undue hardship for the
Tenant, then such failure to perform (regardless of circumstances beyond its
control) as indicated above, shall constitute a default by Landlord.
20. Indemn ty A.qainst Costs and Char.qes.
20.1
The Tenant shall be liable to the Landlord for all costs and charges,
expenses, reasonable attorney's fees, and damages which may be incurred
or sustained by the Landlord, by reason of the Tenant's breach of any of the
provisions of this Lease. Any sums due the Landlord 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 Landlord shall
deem it necessary to engage an attorney to enforce Landlord's rights and
Tenant's obligations hereunder, the Tenant will reimburse the Landlord for
the reasonable expenses incurred thereby, including, but not limited to, court
costs and reasonable attorney'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 A.qainst Claims.
21.1
The Tenant shall indemnify and save the Landlord 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 the Demised Premises or upon any
parking lot 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
' 21.1.2
An act or omission on the part of the Tenants, or any employee,
agent, invitee, or guest, assignee or sub-tenant of the Tenant;
Any misuse, neglect, or unlawful use of the Demised Premises or
the building in which the Demised Premises is located or any of its
facilities by Tenant, or any employee, agent, invitee, or guest,
assignee or sub-tenant or the Tenant, but not to include
trespassers upon the Demised Premises;
21.1.3
Any breach, violation, or non-performance of any undertaking of
the Tenant under this Lease;
21.1.4
Anything growing out of the use or occupancy of the Demised
Premises by the Tenant or anyone holding or claiming to hold
through or under the Lease.
12
22.
23.
21.2
Tenant agrees to pay all damages to the Demised Premises or other facilities
used in connection therewith, caused by the Tenant or any employee, guest,
or invitee of the Tenant.
Si.qns and Advertising.
Without the prior written consent of Landlord, 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 signage shall comply with signage standards
established by Landlord and comply with all applicable building codes, and any
other Municipal, County, State and Federal laws.
Effect of Conveyance.
The term "Landlord" as used in the Lease 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
Landlord shall be and hereby is entirely freed and relieved of all covenants and
obligations of the Landlord 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 Landlord
hereunder.
24. Damage to the Demised Premises.
24.1
The building in which the Demised Premises are located is insured under
Landlord's fire insurance policy. If the Demised Premises shall be damaged
by the elements or other casualty not due to Tenant's negligence, or by fire,
but are not thereby rendered untenantable, as determined by Landlord, in
whole or in part, and such damage is covered by Landlord's insurance, if
any, (hereinafter referred to as "such occurrence"), Landlord, shall, as soon
as possible after such occurrence, utilize the insurance proceeds to cause
such damage to be repaired and the rent shall not be abated. If by reason of
such occurrence, the Demised Premises shall be rendered untenantable, as
determined by Landlord, only in part, Landlord 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 Premises rendered untenantable; provided however, if the Demised
Premises are by reason of such occurrence, rendered more than 50% but
less than 100% untenantable, as determined by Landlord, Landlord shall
promptly obtain a good faith estimate of the time required to render the
Demised Premises tenantable. If such time exceeds sixty (60) days, the
Tenant shall have the option of canceling this Lease, which option shall be
exercised by Tenant in writing within ten (10) days of receipt of notice of
same from Landlord.
24.2
If the Demised Premises shall be rendered wholly untenantable by reason of
such occurrence, the Landlord shall utilize the insurance proceeds to cause
such damage to be repaired and the rent meanwhile shall be abated in
13
25.
26.
27.
whole; provided, however, that Landlord 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 lease and the tenancy hereby created shall 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, the Tenant shall
have the right, to be exercised by notice in writing, delivered to Landlord
within thirty (30) days from and after said occurrence, to elect to terminate
this lease, the rent to be adjusted accordingly. Notwithstanding any clause
contained in this Section, if Landlord becomes self insured or the damage is
not covered by Landlord's insurance, then Landlord shall have no obligation
to repair the damage, but Landlord 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 the
lease, and the rent shall be adjusted accordingly.
Quiet Enjoyment.
The Tenant shall enjoy quiet enjoyment of the Demised Premises and shall not be
evicted or disturbed in possession of the Demised Premises so long as Tenant
complies with the terms of this Lease.
Waiver.
26.1
It is mutually covenanted and agreed by and between the parties hereto that
the failure of Landlord to insist upon the strict performance of any of the
conditions, covenants, terms or provisions of this Lease, 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
Landlord 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 Landlord 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 Landlord.
Notices.
The addresses for all notices required under this Lease shall be as follows, or at
such other address as either party shall be in writing, notify the other:
14
LANDLORD:
With Copies to:
And:
TENANT:
City Manager
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
Asset Manager
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
Financial Manager
Miami Beach Police Department
1100 Washington Avenue
Miami Beach, Florida 33139
Credit Union Manager
Miami Police Federal Credit Union
400 NW 2nd Avenue
Miami, Florida 33129
28.
29.
30.
31.
All notices shall be hand delivered and a receipt requested, or by certified mail with
Return receipt requested, and shall be effective upon receipt.
Entire and Binding A.qreement.
This Lease 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 Landlord and
Tenant and their respective successors and assigns, except as may be otherwise
expressly provided in this Lease.
Provisions Severable.
If any term or provision of this Lease or the application thereof to any person or
circumstance shall, to any extent, be invalid or unenforceable, the remainder of this
Lease, 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 Lease shall be valid and be enforced to
the fullest extent permitted by law.
Captions.
The captions contained herein are for the convenience and reference only and shall
not be deemed a part of this Lease or construed as in any manner limiting or
amplifying the terms and provisions of this Lease to which they relate.
Number and Gender.
Whenever used herein, the singular number shall include the plural and the plural
shall include the singular, and the use of one gender shall include all genders
15
$2.
Governin.q Law.
This Lease shall be governed by and construed in accordance with the law of the
State of Florida.
33.
Limitation of Liability.
The Landlord desires to enter into this Agreement only if in so doing the Landlord
can place a limit on Landlord's liability for any cause of action for money damages
due to an alleged breach by the Landlord of this Agreement, so that its liability for
any such breach never exceeds the sum of Ten Thousand Dollars and no/100
($10,000.00). Tenant hereby expresses its willingness to enter into this Agreement
with the Tenant's recovery from the Landlord for any damage action for breach of
contract to be limited to a maximum amount of Ten Thousand (10,000.00) Dollars.
Accordingly, and notwithstanding any other term or condition of this Agreement,
Tenant hereby agrees that the Landlord shall not be liable to Tenant for damage in
an amount in excess of Ten Thousand ($10,000.00) Dollars for any action or claim
for breach of contract arising out of the performance or non-performance of any
obligations imposed upon the Landlord 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 Landlord's liability as set forth in Florida Statutes, Section
768.28.
34.
Surrender of the Demised Premises.
The 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 Landlord 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 Article. Any property which pursuant to the provisions
of this Section is removable by Tenant on or at the Demised Premises upon the
termination of this Lease and is not so removed may, at the option of the Landlord,
be deemed abandoned by the Tenant, and either may be retained by the Landlord
as its property or may be removed and disposed of at the sole cost of the Tenant in
such manner as the Landlord may see fit. If the Demised Premises and personal
p~operty, if any, be not surrendered at the end of the term as provided in this
Section, the Tenant shall make good the Landlord all damages which the Landlord
shall suffer by reason thereof, and shall indemnify and hold harmless the Landlord
against all claims made by any succeeding tenant or purchaser, so far as such
delay is occasioned by the failure of the Tenant to surrender the Demised Premises
as and when herein required.
16
35.
Time is of the Essence.
Time is of the essence in every particular and particularly where the obligation to
pay money is involved.
36.
Venue.
This Lease 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.
LANDLORD AND TENANT HEREBY KNOWINGLY AND INTENTIONALLY
WAIVE THE RIGHT TO TRIAL BY JURY IN ANY ACTION OR PROCEEDING
THAT THE LANDLORD AND TENANT MAY HEREIN AFTER INSTITUTE
AGAINST EACH OTHER WITH RESPECT TO ANY MATTER ARISING OUT OF
OR RELATED TO THIS LEASE AGREEMENT.
IN WITNESS WHEREOF, the parties hereto have. caused these presents to be
signed by the r?~pective duly authorized officers and the ~'~pective corporate seals to be
affixed this~r'"day of December, 2004. ///1,1~/I. ~
ATTEST: LANDLORD: /~1 ,~~1 BEACH, FLORIDA
CITY CLERK
ATTEST:
Raymond l~lar t ±nez
CORPORATE SEAL
(affix here)
TENANT: MIAMI POLICE FEDERAL CREDIT UNION
BY:
CREDIT UNION PRESIDENT
Richard L. Hudson
(Print Name)
APPROVED ASTO
FORM &LANGUAGE
&FOREXECUTION
' '~ity ~ziomey,,~l,- Date
17