Lease Agreement10-9-/0 R7f} 200-27y19
LEASE AGREEMENT
THIS .LEASE AGREEMENT, made this 9th day of June, 2010, by and between the
;CITY OF MIAMI BEACH, a Florida municipal corporation, (hereinafter referred to as "City"
~or- "Landlord"), and ROBIN & BICKMAN, PLLC, a Florida limited liability company,
I(hereinafter referred to as "Tenant").
1. Demised Premises.
The City, in consideration. of the rentals hereinafter reserved to be paid and of the
j covenants, conditions and agreements to be kept and performed by the Tenant,
hereby leases, lets and demisestothe 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 1,518 square feet of City-owned property (the
"Building" a.k.a.."Historic City Hall"), located' at 1130 Washington
Avenue, 4th ..Floor; Miami. Beach;. Florida, 33139, and as more
specifically delineated in "Exhibit 1 ", attached hereto and incorporated
herein.
2. Term.
.1 Tenant shall. be entitled to have and to hold the Demised Premises for an
initial term of three (3) years and twenty one (21) days, commencing on the
10th day of June, 2010 (the "Commencement Date"), and ending on the 30th
day of June, 2013. 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 1 St day of July, and ending on the 30"'
day of June. ~ .
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 o the expiration of
the initial term, this Lease may be extended for two (2) additional three (3)
year renewal terms.- Any extension, if approved, shall be memorialized in
writing and signed by the parties hereto-(with the City hereby designating the
City Manager as the individual authorized to execute such extensions on its
behalf). ~ ~ -
In the event that the City Manager determines, in his sole discretion, not to
extend or renew this Lease Agreement (upon expiration of the initial term or
any renevval term), the City Manager shall notify Tenant of same in writing,
which notice shall be provided to Tenant within fifteen (15) business days of
the City Mahager's receipt of Tenant's written notice.
3. Rent.
Tenant's payment of Rent, as defined in this Section 3, shall commence on October
1, 2010 (the "Rent Commencement Date ") and, thereafter, on each first day of
subsequent months:
3.1 Base Rent:
3.1.1 Throughout the Term herein, the Base Rent for the Demised
Premises ' shall be Fourteen Thousand Eight Hundred Sixty One
Dollars and 22/100- ($14,861.22) per year payable in monthly
installments of One Thousand Two Hundred Thirty Eight Dollars and
43/100 ($1,238.43).
3.1.2 The Base Rent amount pursuant to this Section 3.1 shall be
increased annually, on the anniversary of the Commencement Date of
the Lease, in 'increments of three (3 %) percent per year.
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 Sixteen Thousand Eight Hundred
Nineteen Dollars and 44/100 ($16,819.44) per year, payable in
monthly installments of One Thousand Four Hundred One Dollars and
62/100 ($1,401.62). per month, 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,
electric service, 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
expense s included in the annual common area expenses, provided by
the City for the common or joint use and /or benefit of the occupants of
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.the Building, their employees,. agents; servants, customers and other.
. ~ invitees. '
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"Common Facilities" shall mean aN Building areas, spaces,
' ~ ~ equipment, as well ascertain services, .available for use by or for the
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~` benefit of Tenant.and/or its employees, agents, servants, volunteers,
. ~ ~ customers, guests and/or invitees.
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. 3.2.2 Property Taxes:
The Property Tax Payment shall be payable by Tenant, in accordance
with Section 11 herein. The Property Tax Payment for. Property Tax
_ ~ Year 2009 is estimated at Zero Dollars ($0.00). Notwithstanding the
preceding-sentence; the City ,makes no warranty or representation,
- whether express or implied, .that the Historic City Hall building, the
~. Land, and/or the Demised Premises will not be subject toad valorem
. - (or other) taxes in subsequent years.
3.2.3 Lnsurance:
t The Additional Rent shall. also include Tenant's .pro-rata sharetoward
` ~ ~ estimated, insurance costs incurred o insure the whole of the Building,'
' ~ payable in monthly instalfrnents of Two Hundred Six Dollars and
' 20/100 ($206.20). 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.,
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3.3~ ~ -Sales Taxes:
Concurrent with the payment of the Base_ Rent and Additional Rent as
- provide herein, Tenant shalt 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
} fhere over, even though the taxing statute or ordinance may .purport to
impose such tax against the City.
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3.4i ~ Enforcement.
!~ Tenant-agrees to pay the Base Rent; Additional- Rent; and any other
amounts as may be due.and payable by Tenant underthis 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
far 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. '
' 4. Location for Payments. ,
r ~ ' All rents or other payments due hereunder shalt be paid to the City at the following
address: ,
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City of Miami Beach
Revenue Manager
1700 .Convention Center Drive, 3~d Floor
' ~ ~ Miami Beach, Florida 33139
! or at such~other address as the City may, from time to time, designate in writing.
i:' Parking.. .
Tenant may request, from the City's Parking Department, the use of no more than
four (4) parking.spaces, if available,. at Municipal Parking Garage G-2 located at the
. intersection of 12th Street and Drexel Avenue. Rates for said spaces are subject to
.change, and' are currently Seventy Dollars ($70.00,) per month, plus applicable.sales
.; and use tax per space. .
~.;.. ; Security Deposit.
Upon execution of this Agreement Tenant shall furnish the City with a Security
+~ Deposit, in the amount of. Five Thousand Six Hundred Ninety Two Dollars and
' 50/100 _($5.,692.50). Said Security Deposit shall .serve to secure Tenant`s
t ~. perforrimance '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 IJeposit, as well as pursue any and all other legal remedies provided
herein, oi- as may be provided by applicable law.
Tlie .parties agree and acknowledge that the foregoing condition is intended to be a
's ~ ~_eondition 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. maybe available to
. him for breach.of contract.
7. ~ Use and Possession of Demised Premises.
7.1' The Demised~Premises shall be used.by the Tenant as office space for
providing legal services. Said Premises shall be open for operation a
,, minimum of five (5) days a week, with minimum hours of operation being as
. follows:
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Monday -Friday: 9:00 AM to 5:00 PM
Tenant shalt not otherwise modify the days or hours of operation without the
prior written approval of the City Manager. Nothing herein contained shall be
construed o authorize hours contrary to the laws governing such operations.
It is understood and agreed that the Demised Premises shall be used 6y 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 bylaw, ordinance or government regulation,
or that may be dangerous tolife, limb or property. Tenant. may.not commit
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- (n®r 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
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{ ' °:; ~~(orotherwise 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, withoufi notice to Tenant, restrain such improper
`~ use by injunction or other legal action. .
8,. , Improvements.
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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
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improvements and-maintenance to the Demised .Premises, as reasonably _
t `~ necessary for it to carryon its permitted. use(s), as set forth in Section 7;
.provided, however; that any plans for, such improvements shall be first
}i. submitted to the City Managerforhis priorwritten-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. Alt 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
thisAgreement, all .personal property and non-permanent trade fixtures may
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'" 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 na 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
s~: 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.
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- : 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 kiyTenant 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.
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8 3> ~ The above requirements for submission of plans and 'the use of specific ,
~ _ contractors shalt not apply to .improvements (which term, for purposes of this
~: ~ Subsection 8.3 only, shall also include improvements as necessary for
~. ~~~ Tenant's maintenance and repair of the Demised Premises) which do not
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~~ ' . exceed Five .Hundred ($500.00) Dollars, provided .that the work is not
~+ ~structur-al, and provided that if is permitted by applicable.law.
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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
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` '~ need to enter~the Demised Premises is an emergency, as deemed by the
~~ City Manager; in his sole discretion, which if not immediately addressed
,~ I ~? 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.
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49.2, 1f 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
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,shall. be necessary or permissible, the City`Manager, and/or his authorized.
representatives, may enter the Demised Premises by master key, or may
4 forcibly enter the Demised- Premises without rendering the City or such
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4 agents liable therefore.
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f9.3;~ Tenant shall furnish the City with duplicate keys to all 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 nor written consent of fihe Cit Mana er, and in the event such
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~ i, consent is given, Tenant shall furnish the City with duplicate keys to said
~~ locks in advance of their installation.
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I10~~ Tenant's Insurance.
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10 C.;1 Tenantshall, at its sole expense and responsibility, comply with all insurance .
' ~~ .: requirements of the City. 1t is~ agreed by the, parties that Tenant shall not ;
` ~~ ~ ` occupy he Demised Premises until proof of the following insurance
coverages have been reviewed and approved by the City's, Risk Manager;
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- _~ 10.1.1. ~ Comprehensive General Liability, in the minimum amount of One
Million ($1,000,000) Dollars (subject to adjustment for inflation) per
` Ei - ~ occurrence for bodily injury and property.damage. The City of Miami
Beach must be named as an additional insured on this policy:
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i ~ 10.1..2 Workers °Compensation and Employers Liability coverage in
' ' . ~ accordance with Florida statutory requirements.
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.10.1.3 All-Risk property and casualty insurance, written at a minimum of
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~ eighty (80%) percent of replacement cost value and with replacement
~~ cost. endorsement, covering all leasehold improvements installed in
I . ~~{ ~ the. Demised Premises by or on behalf of Tenant and including
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C 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
t the provisions-of this -Agreement):
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1012 Proof of these coverages must be provided by submitting original certificates
!r 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 .
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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,
G; latest edition,: and certificates are subject to the approval of the City's Risk
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!~ Manager.
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11 ~! Property Taxes and Assessments.
}~~ .For the purposes of this Section and other provisions of this Agreement:
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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 Premises, and (ii) any expenses incurred by the City in obtaining a
reduction of, any such taxes or assessments.
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11 ~2 The term "Property Tax Year" shall mean the period of twelve (12) calendar
f' months, beginning on January 1St of each year.
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11 ~3 Tenant shall pay, as Additional Rent pursuanf to Section 3.2, for such
r~ 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
1;.. ~ '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
a 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
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!, ~ amountt between the estimated property taxes and the actual propertytaxes
~ to the City. immediately, upon receipt of request for said payment :from the
~. City.
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Tax Stop..
,Notwithstanding the;preceding Section 11.3,-the City shall be responsible for
payment of the Property Tax Payment'up to an'amount not to exceed Three
Dollars ($3.00) per- square foot (Tax Stop Amount) with Tenant to be
responsible. for anything in excess of than amount. Tenant shall promptly
reimburse the City for its portion of the Property Tax Payment (if any}upon
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~'• recei t of the Cit 's invoice for same.
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~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 of .all shall be at -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
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~~ ~~ -will not release Tenant from any of its obligations under this Agreement,
13~' ~ Operation; Maintenance and Repair.
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X13::1 Tenant shall be solely responsible for the operation, maintenance and .repair
~` of the Demised Premises. Tenant shall, at .its .sole expense and
~*f responsibility, maintain the Demised Premises, and. all fixtures and
;, .. appurtenances therein, and shall :make all. repairs thereto, as and .when
'~ f ~ ~~ ~ needed, to preserve them in good working order and condition. Tenant shalt ,
` w~ be responsible for all interior walls and the interior and exteriorof 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
f ~j of the same or better quality.
~- ~ ~' ~ The. City shall be responsikle. for the maintenance of the roof, the exterior of
the Buildin all heatin /ventilation/air conditionin
` g, g (HVAC) equipment
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. ~ ~ servicing the Demised Premises, the structural electrical and plumbing (other
`. "j thane plumbing surrounding any sink(s) and/ortoilet(s), including such sink(s)
- ~ and toilet(s) fixture(s), within the Demised Premises), the common areas and
. ~k _ 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 _
~ ,4 condition. '
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#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),
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'~ or to the building fixtures, glass, appurtenances, and .equipment, if any,
.j 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.
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13.3 All of the aforesaid repairs, restorations and replacements shall be in quality
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and class equal to or better than. the original work or installations and. shall
~~ °~ be done in.good and workmanlike manner..
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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 ail sums
;r 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. ofi a bill or
statement therefore.
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13.5 I# shall. be Tenant's sole .obligation and responsibility to .insure that any.
. :a renovations, repairs-and/or improvements made by Tenant to the Demised
. ~ Premises comply with all applicable building codes and life safety codes of
f ., governmental authorities fiaving~ jurisdiction. ,
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,13.6 ' . Tenant Responsibilities for Utilities (not included within Operating Expenses
~ ;~ t . Tenant is solely responsible for, and shall ..promptly pay when due, all '
'' ' charges and impact fees for any and all utilities for the Demised Premises
;~ NOT included as an Operating Expense (.pursuant to Subsection. 3.2.1).
;f k 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.
` ~ Ln 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
E ~ the Demised. Premises.
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~13 47 ~ - 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,
' , . ihcluding 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 compl'y~ with and fulfill all. rules, orders, and.
.~ regulations for the prevention of fire, all at Tenant's own expense and responsibility.
' aTenant 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.
t15: Liens. '
enant will not .permit any mechanics; laborers, or materialman's liens to stand
against the:Demised Premises or improvements for any labor or materiaisto Tenant
: ` :.or claimed to have been furnished to Tenant's agents, contractors, orsub-tenants,
r ~ ;~ in connection with work of any character performed or claimed to have performed
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on said Premises, or improvements .by or at the direction or sufferance of the
~' ' ~ enant; 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 insure
;., payment. thereof and .prevent. sale, foreclosure, or forfeiture of the .Premises or
. r ~ .improvements by reasons of such non-payment. Such security need not exceed one
and one half (1'/2) timestlie 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
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Tenant may "bond off' the lien. according. to statutory .procedures. Tenant will
,' iimmediately pay any~judgment rendered with all proper costs and charges and shall
. have such lien released or judgment satisfied at Tenant's own expense.
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16: , ~ Intentionally Omitted.
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1f 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
shat(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.
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
• ~°I which Tenant might incur in removing Tenant's furniture and fixtures.
8: Default.
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81 Default by Tenant:.
At the City's option, any of the following shall constitute an Event of Default
E ~ under this Agreement:.
18.1.1
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The Base Rent, Additional Rent, or any other amounts asmay bedue -
and payable by Tenant under this Agreement, or any installment
.thereof, is not paid promptly when and, where due,within fifteen (15)
days of dtae date, and Tenant shall not have cured such failure within
. five. (5) ,days after receipt of written notice from the City specifying
such default;.
The Demised Premises shall be deserted, abandoned., or vacated;
Tenant shall fail to comply with arty 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;
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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 maybe acceptable and
}I 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;
1..8.1..6 Tenant shall become. insolvent;
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' 18.1`.7 Tenant shall make an assignment for benefit of creditors;
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~' 18.1.8 A receiver is appointed for Tenant by any court .and shall not be
F dissolved within thirty (30) days thereafter; or
18.1.9 ~ The .leasehold interest. is levied ~on under execution. ~ .
,. , .
9:: ;Rights on Default.
9;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 otherremedy the City may have for possession or arrearages in
rent or damages, for breach df 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 1"enant~agrees to indemnify-and hold harmless the City -
. ~ ~ for ail 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
shalt nofi 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,..
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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 fume 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:
. ' 1.9:.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
~ if 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 fo 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 (5) days from the due
• . ` date. In addition, there will be a late charge of Fifty {$50.00) Dollars
..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, 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 forthe 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.
:19.1.'7 The rights of-the City" underthis 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.
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Default by City
The failure of the City to perform any of the covenants, conditions and
agreements of this Agreement which are tabe .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 all actions necessary to cure such defaults.
However, in the event the Cityfails 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 6y law, shall have the right to pursue any and all remedies
.l ~ available at law or in equity,. including the right to sue for and collect
r 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.E Indemnity Against Costs and Charges. '
20.,1 .. Tenant shall- be liable. to the City for all costs and charges, expenses,
reasonable attorney'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 asdelinquent rent would constitute a lien on said.
" x 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 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.
~2,1..~ Indemnification Against Claims.
. 21.E1 Tenant shall indemnify and save the City harmless from and against any and'
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.all claims or- causes of action (whether groundless or otherwise) by or on
behalf of any person, fi'rrn, or corporation, forpersonal injury or property
`~ damage occurring upon 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 ° , ~ qn 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.
21x2 Tenant agrees to pay all damages to the Demised Premises and/or other
facilities used in connection therewith,. caused by Tenant or any employee,
agent, contractor; .guest, or invitee of Tenant.
r'I -
22 " Signs and Advertising.. -
~' Withoutthe priorwritten consent of the City Manager; which consent, if given at all,
~f 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 nearthe Demised Premises. All additional signage shall cornplywith
' _ . 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
`forthe tune 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
F` 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.' ~ Damaae to the Demised Premises.
`, 24'.`1 if the Demised Premises shall be damaged by the elements orothercasualty
' . not due toTenant's negligence, or by fire, but are not"thereby rendered
untenantable; as determined by the City Manager, in his sole discretion, in
<<
is 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
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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.
a' 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 Premises
rendered untenantable; provided .however, that the City shall .promptly obtain
a good #aith es#imate of the time :required to render the Demised Rremises
' 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 notto .reconstruct the
- , - destroyed ~ Demised Premises, and in such event, this Agreement 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, Tenant shall have the right, to_be exercised by
,.notice in writing, delivered to the City within thirty (30) days from- and after
t 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
' i , ~ 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 long as Tenant
complies with the terms of this. Agreement.
`:
26. Y . 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.P2 ~ A waiver of any term expressed herein shall not be implied by any neglect of
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. 26.E
the Cityto 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:
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
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.
Notices: .
.The addresses for all notices required. under this Agreement shall be as follows, or
at such other address as either party shall be in writing, notify the other:
. LANDLORD: City Manager
With copy to: ~ Director
City of Miami Beach
Office of Real Estate, Housing & Community Development
1700 Convention Center Drive
Miami Beach, Florida 33139
?9.1
I}
' TENANT: Rubin & Bickman, PLLC
1130 Washington Avenue, 4th Floor
Miami Beach, Florida 33139
:¢
All. notices shall be hand delivered and a receipt requested,. or by certified mail with
Return receipt requested, and shall be effective upon receipt.
~~ ,.~
?8 ~; Entire and Binding Agreement.
,;
Thin. 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
~`f and Tenant and their respective successors and. assigns, except as may be
~~ othe,rwise expressly provided in this Agreement.
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,
16
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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,. r ~ Number and Gender.
. ~ Whenever used fierein, the singular number shall include the plural and the plural
. ~. + shall include the singular, and the use of one gender shall include all genders:
~1 .
. 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 acfion 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 .Ten Thousand ($10,000.00) Dollars. Tenant hereby
.. { , expresses its willingness to enter into this Agreement with Tenant's recovery from.'
1. ~ the City for any damage action for breach of contract to be limited to a maximum
amount of $10;000.00. Accordingly, and notwithstanding any otherterm or condition
of this Agreement, Tenant hereby agrees thatthe City shall not be liable to Tenant
_ ~ for. damage in an amount in excess of $10,000.00 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
E 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 bemised 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-
a Premises, free of all liens; claims and encumbrances and rights of others orbr-oom-.
clean,. together with all structural changes, alterations, additions,. and improvements
which-may have been made upon the Demised Premises, in good order, condition.
i :and repair, reasonable wear and tear excepted,. ~ -subject, however, to the ~ -
subsequent provisions of this Section. Any property which pursuant to the provisions
of this Secfiion 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 maybe removed and disposed of at the sole cost offhe Tenant in such
'~ •- ~ manner as the City .may see fit. If the Demised Premises and personal property,. if
~. ~ any, be notsurrendered' 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..
,;
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Time is of the Essence.
Time is of the essence in every particular and particularly where the obligation to
pay money is involved. .
Venue:....
This Agreement shall kie 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
Gounty,: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 HEREINAFTER INSTITUTE AGAINST EACH OTHER WITH
RESPECT TO ANY MATTER ARISING OUT OF OR RELATED TO THIS
AGREEMENT.
Radon is a'naturaNy 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.'Additionallnformation regarding Radon and
Radon testing may be obtained-from your County Public Health Unit.
_. 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.
,~
1 ,
t Tenant shalLindemnify and hold the City harmless from any loss; damage, cost, or
~~ expense of the. City, including,. without limitation, reasonable attorney's fees,
incurred. as a result of, arising from, or connected with the. placement by Tenant of
f~ any "hazardous substance" or "petroleum products" on, in or upon the Demised
f; _ -.Premises as those terms are defined by applicable Federal and State Statute, or
#f any environmental rules and environmental regulations promulgated thereunder.
~~ The provisions ofthis Section 37 shall survive the termination or earlier expiration of
~{ .this Agreement. .
~~
. ~'~ ..
~:' . REMAINDER OF PAGE INTENTIONALLY LEFT BLACK
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~~ 1fN`WITNESS WHEREOF, the parties hereto have caused their names to be signed
' ~ andF their seals to be affixed; all as of the day and year first above written, indicating their
~ag~reement.
~~
. k~
Attest:. ~ CITY OF MIAMI BEACH, FLORIDA
~l
C'~
~ ~~ "Robert Parcher, CITY CLERK " Matti He era Bower, MAYOR
i .x _
~~
F -,
Attest: ROBIN & BICKMAN, PLLC
~~,~,_
Neil R in, Manager
APPROVED A3 TO .
FORM & LANGUAGE
-- ef~-FOR EXECUTION
`~.Q_ ~ ~ iii ~b
' m(~ity Attorney Date
ian\Rubin & Rickman Lease Agreement.FINAL.doc
19
L `~~ _ .
_ ~ ~ .~ ~ a, .~ ~ '.` _ _ 4th fl Area - 1,518 SF
N ~ ' ~ ' a ~ Floor Common. Area - 713 SF
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. 20
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i ~ __ ;_ _____ _`_r MiarnrNerald.e~~ ~ ~I ~.THE.MIAMIcHERALD
.. .~,
i - I - -
;~, ~ N1 I AM~I B EAC H -
;_ = _ . ~ .,
.; ., ,~
~ - --- -~ITY'OF,~IVIIAMI,BEA~~H
~ ~ ~ NOTICE O~-~P~UBLIC,HEARING ~~
I _ NOTICEIS HEREBY qi~r n that a second reading and public hearing ~^~ill tip held by the City Commission"
~ ~ !if Ur City of tvliai~i Beach~;ih the Comh~i.~.,~~n"-Chambers 3rd floor City,Hall ~•17r~ili:onvention Center° ~-~'
-D~i ~ Miami Beach Florida ion Wednesday„June 9th; 2010 at-1015 A M to ~ eider A Resolution ''
~ Appru.ing;i)n ,ecrSnd Reading A LN ~~;e ~amemr nt Between ThF_City And~Rubm & Beckman PLLC For
~_U~,c OFl~pproximately 1 518~Square Feet Of City, Owned-Property, .Located At 1130 WashingtonAvenue -~~
4th Flr~or;Miam~ Ranch, Fion~ia Said Lease Having An Initial Te~ m Of Th ee'~Ya~, ~ A d T..n^h~,!lne Da,c, ` .u3
~~~ Wilh F .u Add~iinn~l Threr Yens Re~~ewal Terms ~AtThe City, s Soh,Di~ ~ r tioii.- ~ `~~
~~ [~ ~ roar in nin ~~ directed b the ~ ~~fir ufR~ i' F i ,'~ H~ i i iq {ur' ~ ~m~runi y fir /r I ~i ~~, ~~~t rt ~ ~)_ c73 72eU~,
'~ ~ INTERESTED PARTIES are nvi}erl to ap~rear attlii niec~ting ~r be mpr~ ,anted by ~n agent n~ to expri ~s
(~ their i~ ~'s ~n ~rrding addressed ~o the guy Con mi .ion r r thei it, Clerk 1,~~0 Com~~rti~~i Center°~
Drn e 1 t~~l~~o~ Cit'yHall Miami Beach Flonda~ 1 ~t~ The mect~iiq may be~cnntinued rlnd•under sucf~ ~ ;j~
circumst~in~e additional Ieyal nolir e-,v~uld hot b~ providFd ,,; ?
Robert E ''archer ~;ir; ~~,lerh ~ y
,~ (,sty of Miami Beach '~
~Pur~uant tc tientioh 236 0105 Fla Stat thF ;it} hereby ad/i~,es the public chat rf a per on de~~ihe~ tr::
•i appeal any decision~n~adebyahP l ii}~Cammi.»ion r,ith respFrt to an} matter considered at.itsmentinq-=
i or its hearing suchperson'must e~isure that a~veYbatiii~ recordof.the proreedinys is made which`record- ~,
' includes.ttir testimony aril eJdenrevpan ~~hich';the a~{;eal i , to be Fasetl This noti~;e doe n~* con ~titi~te `_ i~
° cun,entby the Citv fo~the inttodui.tio'n or admission ofotheiti ise inadmisible or,irrelevanteviden~e. nor ''t
;~
does It aritho~ize~challPn~ges or napeals.not otherwise.alloi^ ed by,la:~~- ~ ;~:~
to request this m itPnnl in~~a~cP sibleform~t~sign language mte~hr~aers.infolmatio~i ~n access for;
i ~ ~ :per ans ~~nth disabilitiFS and or any accnnimodatir~h to ie~~iew any document or participate m any. ~ ,~
cin spunsoted pmceedinu .plea~F cony ~ t ~~05 e0~1 '430 ~.nic?! .,05i~6; , , ~1~3!TFl five-days in_d -j
~ advanceto imtiate.your re~iuest TtY risers mad als~~ call 711 iFlorida f'ela, Serwce. -
Ad #603. '
z
. ~ ~~~
~. - m. MIAMLBEACH
~ --
'~ CITY OF MIAMI BEACH ;,
~, - ~ r
NOTICE OF PUBLIC.~HEAR'INC ,,,;
~ NOTICE-IS HEREBY_yi~~~i that 3 ,~~~wui rradintl_~~~d ,iublic heanng:wdl beheld by U e City r~o!i~ni ~~ion.`
~ ,
;~ ' of tn~ ~-sty of 1liami-EP~ch lh 1~~r. [:ooSmrtiianChnmbers 3rd.floo"r City Hall 1700 Convention ~ enter.-
~ Drn~c Mnimi Rra~li Fli~i ida; on Wednesday, June 9~",~2010~at 10 20 A M to consider APe~alution `r
~ .AF~prc,niq On Si,cariil I ~admg A t~ i~;c H~~r,i~iri~~nT Fetween .The (;ty~And Stranr~-q~ams :F.~; F/r.I4sr tl
.j ~ `'Of1P0~r~xiniitel ~,BSauare~FeetOtGlty(i~~,n~tfPruf~rrty.ForatndAtll~~iNl:hin~atoiiAvenur ~riFlnnr"~
! ~EaSt Miami bet h Fiunda Said Lease:tiavmgAh Initial~Term~Ot.ThreeYears~And:Tv,eiih/.One,D_ays_Wrtfi
~ Trio ",drntn ~ha' Tiree~YeartRenewal Terms At TheCity s Sblr Discretion - °,-
' o. : _ r,:
~ Ingin~ia, ma; be directed to tt~~ C~fn~ ~ of Real Estate; H~ u~i ~g rind Community Devel,pmrnt at (305)673 72617
€ INTERESTED PARTIES rn in: it d n aprear ai 1!ii, me~~ti~ia or be represenl~d ~ ~ iu agent or to'express _
~ ; tITE n dies ~s in ^~~~ iti~ig iddr~ sed to ttia r rf Cora ~ ~i ..inn, r n the City Clerk., 7 , (0` Co_nventiori;Cenler "1
~ ~ .'Dn ~c 1 ~t Flnr~r (,~tv Hall fAlam~ E~ach;;Fi~,~~da~3:,~ 0 7hl/ n~ret~nq mot,, ~~~,'~ onii~ued and under such,;';
~° cir u~n~tanc~,:, addition~il I~ua! notice would not~tie pro~.ide~ri ~. _ - -;
.I Robert L Pr~~c7er GityClerk
~ - ~F;tti~ ot,MiamrBeach~~~-
I ~ Pun u~int to section 2" ~ ~~105; FIa Stat the r;~ty I~ rnl~} ;ad~is~s tliz pubhc~fliat if_a person decides to ., ,7
~appr 11 aiiyderisi,~n iii i it by the City,Commi ~,~ion itl e<~pect to,ariy matter,considered~at its meeting,,.;
or~its nearing such person must ensure~that a,verbaUm'record of theproceedings is made whlcti record J ~p
includes the eshmony and.evidence upon which ttie appeal:is to be based Thisnotice does not constitute ~ `~:
consent bythe City for the~introducUori or admission of otherwise inadmissible or irrelevant evidence n ~r,:
~ ! , Buts n authors. ~ challenUr ;-ar~ip,~,aia riot the r,rr~ allu~~ded b, 1~~:~~. ~ ~ ~~
~~ To r~rlucsi the m~~cu~il in rt< ~ c.s ihl irnin it sun language intrrpialer~ information on accessfor person ,
~~~ _ .~ ~
~ ~ ~,,~ith 'i.,~ihil~tir ti and/or ih anc~ n~ waa~.iun t ~ :~iew any d,~~ ument,pr partini~atP m~aay city spn'nsnrF g; ''
~ ,cro~~ediny ~Ic ~>e coat is l ~ ~O~i h(4'2489 (voic,e) (305)673 7[18~`Tl Yi't~/r? d~~4~, inadvance toinin it - ~~~
~~ ~ ,ai~r~rerluest TTY ~^Pt niay alsnrall7ll (FlondaRrla, ar~~viul"~
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Ad #604
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