2010-27452 Reso2010-27452
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, APPROVING ON FIRST READING, A
LEASE AGREEMENT BETWEEN THE CITY AND DAVID A. WRUBEL,
CPA, PA, FOR USE OF APPROXIMATELY 1,518 SQUARE FEET OFCITY-
OWNED PROPERTY, LOCATED AT 1130 WASHINGTON AVENUE, 5TH
FLOOR, MIAMI BEACH, FLORIDA; SAID LEASE HAVING AN INITIAL
TERM OF THREE YEARS, WITH TWO ADDITIONAL THREE YEAR
RENEWAL TERMS, AT THE CITY'S SOLE DISCRETION; WAIVING BY
5/7THS VOTE, THE COMPETITIVE BIDDING AND APPRAISAL
REQUIREMENTS, AS REQUIRED BY SECTION 82-39 OF THE MIAMI
BEACH CITY CODE; REFERRING THE LEASE TO THE FINANCE AND
CITYWIDE PROJECTS COMMITTEE FOR DISCUSSION; FURTHER
SETTING A PUBLIC HEARING ON SEPTEMBER 15, 2010, FOR THE
SECOND READING (AND FINAL APPROVAL) OF THE LEASE
AGREEMENT
WHEREAS, on October 21, 2008, the Finance & Citywide Projects Committee
(F&CPC) acknowledged that the City-owned Historic City Hall building (the "Building") was
not needed for City offices and instructed the Administration to advertise, market and
negotiate leases for available-spaces within the Building; and
WHEREAS, David L. Wrubel, CPA, PA, has expressed interest in leasing office
space on the 5th Floor of the Building; and
WHEREAS, the City and Tenant have negotiated the proposed Lease Agreement,
said proposed Lease Agreement having an initial term of three (3) years, commencing
October 1, 2010 and ending September 30, 2013, with two (2) additional three (3) year
renewal terms, at the City's sole discretion; and
WHEREAS, Section 82-39 of the Miami Beach City Code, governing the sale/lease
of public property, requires a competitive bidding process, a Planning Department analysis,
and an independent appraisal to determine the value of the leasehold interest, as well as
two (2) readings of the proposed lease, with the second (and final) reading followed by an
advertised public hearing to obtain citizen input; and
WHEREAS, the Administration would hereby recommend that the Mayor and City
Commission approve the attached Lease Agreement on first reading, refer the Lease to the
F&CPC for discussion, and hereby set the public hearing on September 15, 2010, for
second reading and final approval of the Agreement; and
WHEREAS, Section 82-39 of the City Code further provides for the waiver of the
competitive bidding and appraisal requirements, by 5/7t"S 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; the Administration would
also hereby recommend that the Mayor and City Commission approve said waiver.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby approve on first reading, a Lease Agreement between the City and
David L. Wrubel, CPA, PA, for use of approximately 1,518 square feet of City-owned
property, located at 1130 Washington Avenue, 5th Floor, Miami Beach, Florida. for an initial
term of three years, with two additional three year renewal terms, at the City's sole
discretion, and waiving by 5/7ths vote, the competitive bidding and appraisal requirements,
as required by Section 82-39 of the Miami Beach City Code; referring the Lease to the
Finance and Citywide Projects Committee for discussion, and further setting a public
hearing on September 15, 2010, for the second reading (and final approval) of the Lease
Agreement.
PASSED and ADOPTED this 14th day of July, 2010.
ATTEST:
v ~~
Robert Parcher, CITY CLERK Matti Her era ower, MAYOR
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F:\RHCD\$ALL\ECON\$ALLWSSET\OLDCITY\David L. Wrubel\Wrubel Lease Agreement.1st Reading.RES.doc
(~
APPROVED AS TO
FORM 8~ LANGUAGE
~--~ ~ F012 EXECUTION
COMMISSION ITEM SUMMARY
Condensed Title:
Request for approval for a Lease Agreement between the City and David L. Wrubel, CPA, PA, for use of 1,518 SF ofCity-
owned property located at 1130 Washington Avenue, 5th Floor, for a term of three years, with two additional three year
renewal terms, waiving by 5/7th8 vote the competitive bidding and appraisal requirements as required by Section 82-30,
referring the Lease to the Finance Committee for discussion, and setting a public hearing on September 15, 2010, for
second readin and final a royal of the Lease.
Ke Intended Outcome Su orted:
Increase resident satisfaction with the level of services and facilities.
Supporting Data (Surveys, Environmental Scan, etc.):
Approximately 40% of retail businesses surveyed, rank Miami Beach as one of the best places to do business and 61 % of
the same group would recommend Miami Beach as a place to do business.
Issue•
Should the Ci Commission a rove the lease a reement?
Item Summa /Recommendation:
FIRST READING
On October 21, 2008, the Finance & Citywide Projects Committee (F&CPC) acknowledged that the City-owned Historic City
Hall building (the "Building") was not needed for City offices and instructed the Administration to advertise, market and
negotiate leases for available spaces within the building at competitive market rates. The subject space, which is the only
remaining vacant space in the Building, was never completely renovated by the City and requires extensive tenant
improvements. Subsequently, the City and David L. Wrubel have negotiated a proposed lease for renovation and use of
office space at Historic City Hall, 1130 Washington Avenue, with the following terms:
• Square Footage: 1,518 per updated 2009 survey;
• Term: Three years, with two additional three year renewal terms;
• Rent: $23.30 PSF, $35,369.40 annually;
o Base Rent: $16,075.62 annually, payable monthly @ $1,339.63, with 3% annual increase;
o Additional Rent: $19,293.78 annually, payable monthly @ $1,607.82 to offset City's operating expenses and
insurance costs;
• Security Deposit: Prior to execution of the Lease, the Tenant will furnish the City a Security Deposit in the sum of
$5,894.90 (equal to two months of Rent and Additional Rent costs).
A prior appraisal found comparable per square foot (psf) rents in the nearby area at approximately $25 psf. However, in light
of current economic conditions, the Commission has previously approved a $23.30 PSF rent for the 6th Floor. A tenant credit
is provided in light of the tenant improvements that will be required for this unfinished space.
Section 82-39 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. At the March 10, 2009 meeting of the F&CPC, the Committee determined that it was in the public's best interest
to forgo competitive bidding and staff should proceed in leasing available space in the Building according to market rates and
industry standards. A Planning Department analysis finds that the use of this space is consistent with the land use
designation contained in the Comprehensive Plan. It is recommended that the Mayor and Commission approve the proposed
lease for use of the 5th floor of Historic City Hall as per the negotiated terms and refer the item to the Finance and Citywide
Projects Committee rior to a second readin ublic hearin .
Adviso Board Recommendation:
Finance & Citywide Proiects Committee. October 21.2008 and March 10. 2009.
Financial Information:
Source of Funds: Amount Account
n/a 1 n/a
Financial Im act Summa
Ci Clerk's Office Le islative Trackin
Anna Parekh, extension 7193
Sign-Offs•
Anna Parekh, pepartment Director Hilda M. e~rna ez, Assistant City M er Jorge M. Gonzalez, City Manager
AP HF JMG
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~ MIAMIBEACH
u U U
AGENDA ITEM 71
DATE 7 ~~~ ID
m MIAMIBEACH
City of Miami Beath, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the City Commission
FROM: Jorge M. Gonzalez, City Manager
DATE: July 14, 2010 FIRST READING
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING ON FIRST READING, A LEASE
AGREEMENT BETWEEN THE CITY AND DAVID A. WRUBEL, CPA, PA, FOR
USE OF APPROXIMATELY 1,518 SQUARE FEET OF CITY-OWNED
PROPERTY, LOCATED AT 1130 WASHINGTON AVENUE, 5T"FLOOR, MIAMI
BEACH, FLORIDA; SAID LEASE HAVING AN INITIAL TERM OF THREE
YEARS, WITH TWO ADDITIONAL THREE YEAR RENEWAL TERMS, AT THE
CITY'S SOLE DISCRETION; WAIVING BY 5/7THS VOTE, THE COMPETITIVE
BIDDING AND APPRAISAL REQUIREMENTS, AS REQUIRED BY SECTION 82-
39 OF THE MIAMI BEACH CITY CODE; REFERRING THE LEASE TO THE
FINANCE AND CITYWIDE PROJECTS COMMITTEE FOR DISCUSSION;
FURTHER SETTING A PUBLIC HEARING ON SEPTEMBER 15, 2010, FOR THE
SECOND READING (AND FINAL APPROVAL) OF THE LEASE AGREEMENT
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
KEY INTENDED OUTCOMES SUPPORTED
Increase resident satisfaction with the level of services and facilities.
BACKGROUND
At the October 21, 2008 meeting of the Finance & Citywide Projects Committee (F&CPC), and
subsequently at their meeting of March 10, 2009, and following a comprehensive review of the City's
office space use, it was determined that Historic City Hall would not be fully re-occupied by City
offices, resulting in leasable space availability for non-City uses. The Committee directed the
Administration to advertise and market the available leasable space, a total of approximately 14,194
square feet, including the ground floor, but exclusive of the second floor space utilized by the Clerk
of the Courts.
At the meeting, the Committee also approved the Administration's recommendation that the process
of developing lease agreements based on supply and demand be utilized for the leasing and
occupancy of these available spaces, and that any future commercial leases (including renewals
and/or extensions) for use of space at Historic City Hall be handled as it is in the private sector and
not through a competitive bid process, with the Administration ensuring that market rates are
negotiated and operating expenses included. All leases would continue to require City Commission
approval per City Code.
ANALYSIS
Staff- marketed the location using typical real estate marketing tools. However, based on the
Commission Memorandum
David L. Wrubel, CPA, PA
July 14, 2010
Page 2 of 6
fluctuations of the real estate market in this economic environment, the City requested an appraisal,
which was performed by Bondarenko & Associates, Inc. to determine the market rent value; with a
revised appraisal provided on July 7, 2009 to reflect changing conditions. The resulting market rental
rates of $25-$30 PSF were determined to be based on gross rent, full service. The $25 PSF market
rent for floors 1 - 7 was set as an average, with a premium for the $h Floor penthouse set at $30
PSF. The highest and best use for the entire building was deemed to be "office", with the notation
that the ground floor potential use as retail commercial is not practical due to the restrictions of the
historic designation of the building.
On May 25, 2010, Koniver Stern Group, the City's contracted real estate broker, presented the City
with a Letter of Intent (LOI) on behalf of David L. Wrubel, CPA, PA., a Miami Beach certified public
accounting firm, who expressed an interest in the 5th Floor that is currently vacant and available.
Koniver Stern recommended that the City consider the proposed lease terms based on the City's
ability to secure a viable tenant during this economic time and at a competitive PSF rate. Because
the subject space, which is the sole remaining vacant space in the building, was never renovated by
the City and requires extensive tenant improvements, the Tenant is also investing a minimum of
$35,370 in tenant improvements (in exchange for a rent credit). Property Management has
estimated that it would cost the City approximately $37,600 to build out the 5th Floor. Staff
recommended that the build-out of the space be handled and permitted by the prospective tenant.
The Administration proceeded to negotiate a proposed lease agreement for City Commission
approval. A summary of the proposed lease terms are as follows:
TENANT: David L. Wrubel, CPA, PA, a Florida corporation.
DEMISED PREMISES: 1,518 SF on the 5th Floor of Historic City Hall, located at 1130 Washington
Avenue.
TERM: Initial term of three (3) years, with two (2) additional three (3) year renewal
options, at the City's sole discretion.
LEASE COMMENCEMENT DATE: October 1, 2010.
RENT COMMENCEMENT DATE: October 1, 2011.
RENT: $23.30 PSF; $35,369.40 annually;
BASE RENT: $16,075.62 annually, payable in monthly installments of
$1,339.63. Base Rent shall be increased annually, commencing on the third
anniversary of the Commencement Date of the Lease and on each
anniversary Commencement Date thereafter, in increments of three (3%)
percent per year.
ADDITIONAL RENT: $19,293.78 annually, payable in monthly installments
of $1,607.82. Any increase in Operating Expenses and Insurance will result
in an increase to Tenant's proportionate share.
PARKING: Tenant may request, from the City's Parking Department, the use of no more
than four (4) parking spaces. Rates for said spaces are subject to change,
and are currently $70 per month plus applicable sales tax.
Commission Memorandum
David L. Wrubel, CPA, PA
July 14, 2010
Page 3 of 6
SECURITY DEPOSIT: Prior to the execution of the Lease, Tenant will furnish the City with a
Security Deposit in the sum of $5,894.90 (equal to two months Rent and
Additional Rent costs).
USES: The Demised Premises shall be used by the Tenant as office for providing
accounting, consulting and income tax preparation services. The Demised
Premises shall be open a minimum of five days a week (Monday-Friday) from
9:OOAM to 5:OOPM.
IMPROVEMENTS: Tenant agrees to make certain improvement to the Demised Premises in the
minimum amount of $35,370.00 (an amount equal to, and in exchange for,
one year's Rent).
INSURANCE: Tenant shall comply with the following insurance requirements throughout
the Term:
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 parties on this policy, subject to
adjustment for inflation.
Workers Compensation and Employers Liability coverage in accordance with
Florida statutory requirements.
All-Risks property and casualty insurance, written at a minimum of 80% of
replacement cost value and with replacement cost endorsement, covering all
of Tenant's personal property in the Demised Premises (including, without
limitation, inventory, trade fixtures, floor coverings, furniture and other
property removable by Tenant under the provisions of this Agreement) and
all leasehold improvements installed in the Demised Premises by or on
behalf of Tenant, subject to adjustment for inflation.
PROPERTY TAXES: Property taxes for Property Tax Year 2009 are estimated at Zero Dollars
($0.00). Notwithstanding, the City makes no warranty or representation, that
the Historic City Hall building, the Land, and/or the proposed lease premises
will not be subject to ad valorem (or other) taxes in subsequent years. In the
event Miami-Dade County assesses the property, Tenant shall pay its
proportionate share of the property tax bill. Any property tax payment shall be
payable by Tenant immediately upon receipt of notice from the City.
Tax Stog.
Notwithstanding the preceding, in the event the property is subject to Miami-
Dade County property taxes, 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 that amount. Tenant shall promptly reimburse the City
for its portion of the Property Tax Payment (if any) upon receipt of the City's
invoice for same.
UTILITIES: Tenant retains sole responsibility for all utilities (not included as part of
Operating Expenses) including janitorial, Internet and telephone services.
Commission Memorandum
David L. Wrubel, CPA, PA
July 14, 2010
Page 4 of 6
MAINTENANCE
AND REPAIR: Tenant shall be responsible for day-to-day maintenance and repairs of the
Demised Premises, including, without limitation, all fixtures, appurtenances,
equipment and furnishings.
CONCLUSION
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 renewal option periods, requires the following:
1) a public bidding process;
2) Planning Department analysis (see attached Exhibit A);
3) an independent appraisal to determine the value of the leasehold interest;
4) two (2) readings of the proposed lease; and
5) 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.
The proposed lease terms are within the range of comparable spaces in the area, and reflect the
current economic reality. Tenant's use is consistent with the uses envisioned for Historic City Hall.
Given the economic environment that has produced a high inventory of vacant office space in the
33139 zip code, the Administration recommends that a lease agreement with David L. Wrubel, CPA,
PA, for use of the 5th Floor with the proposed terms, as delineated herein, be approved on first
reading. Additionally, the Administration recommends that the City Commission waive by 5/7ths vote,
the competitive bidding and appraisal requirements, as required by Section 82-39 of the Miami
Beach City Code, refer the Lease Agreement to the next available F&CPC meeting for discussion
prior to second reading, and set a public hearing on September 15, 2010, for the second reading
(and final approval) of the Lease Agreement:
Should the City Commission approve this Lease, Historic City Hall will be fully occupied with no
space remaining available for lease.
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Commission Memorandum
David L. Wrubel, CPA, PA
July 14, 2010
Page 5 of 6
EXHIBIT A
m MIAMI E3EACC~
PLANNING DEPARTMENT
INTEROFFICE MEMORANDUM
To: Anna Parekh, Real Estate, Housing & Comm. Development Director
FROM: Richard G. Lorber, Acting Planning Director(~rL=_^'-•
DATE: July 14, 2010 V~t~
SUBJECT: Analysis of Proposed Lease Agreement for DAVID L. WRUBEL, CPA, PA
5"' Floor, Old City Hall, 1130 Washington Avenue
Pursuant to your request, this memorandum will serve as a planning analysis of the
proposed lease agreement between the City and DAVID L. WRUBEL, CPA, PA.
(Tenant), for the use of approximately 1,518 square feet of office space on the 5~' floor of
the City-owned property known as Historic City Hall, located at 1130 Washington
Avenue, said lease agreement for an initial term of three (3) years, with two (2)
additional three (3) year renewal terms, at the City's sole discretion.
Section 82-38 of the Code of the City of Miami Beach requires that any proposed sale or
lease of City-owned land be analyzed from a planning perspective so that the City
Commission and the public are fully apprised of all conditions relating to the proposed
sale or lease. The following is an analysis of the criteria delineated in the Code:
1. Whether or not the proposed use is in keeping with city goals and
objectives and conforms to the city comprehensive plan.
Consistent -The property is located within the PF Public Facilities future land
use category, and surrounded by the CD-2 medium intensity commercial future land use
category. The proposed use is for office space for providing accounting and income tax
services. The lease agreement between the City and the proposed tenant is consistent
with the future land use category description contained in the Comprehensive Plan.
2. 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 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.
Consistent -The property subject to the lease is in the existing Historic City Hall,
and previously was used as office space as well. There would be no diminution of open
space as no new construction is being proposed. No additional utility or infrastructure is
expected to be necessary.
3. A determination as to whether or not the proposed use is in keeping with a
Commission Memorandum
David L. Wrubel, CPA, PA
July 14, 2010
Page 6 of 6
Proposed Lease -David L. Wrubel, CPA, PA
~h Floor, Old City Hall, 1130 Washington Avenue
Jcrly i4, 2010
Page 2
public purpose and community needs, such as expanding the city's revenue base,
creating jobs, creating a significant revenue stream, and improving the
community's overall quality of life.
Consistent -The proposal will accrue approximately $16,075.62 per year in rent,
plus operating expenses to the City, and there is a potential to create additional jobs.
The revenue stream generated will help defray the cost of maintenance needs of Historic
City Hall.
4. Determination as to whether or not the development is in keeping with the
surrounding neighborhood, will block views or create environmental intrusions,
and evaluation of the design and aesthetic considerations of the project.
Consistent -The surrounding neighborhood consists of the Washington Avenue
commercial corridor and the City of Miami Beach Police Headquarters. This office on
the 5'h floor of Historic City Hall will not be out of character with the surrounding uses.
View and environmental considerations are not applicable.
5. The impact on adjacent properties, whether or not there is adequate
parking, street and infrastructure needs.
Consistent -The previous use on this property was office space, therefore, there
should be no negative impact on adjacent properties. As this use is existing, and is
adjacent to a parking garage, there are no issues with respect to required parking. No
further infrastructure needs are anticipated.
6. 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.
Not applicable -This is a City-owned property, of which this proposed use is a
small portion of the available space. No assembly of land is necessary, nor would such
be under private ownership.
7. 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.
The proposed lease agreement will help to defray the cost of maintenance of the
building. No housing opportunities will be created.
8. Such other issues as the Planning Department may deem appropriate in
analysis of the proposed disposition.
Not applicable -The Planning Department has no other issues it deems
appropriate to analyze for this proposal.
RGUrgI
F:\PLAN\$ALL\GEN_CORR\INTEROFF\DAVID L. WRUBEL, CPA, PA planning analysis.docx
LEASE AGREEMENT
THIS LEASE AGREEMENT, made this 15th day of September, 2010, by and
between the CITY OF MIAMI BEACH, a Florida municipal corporation, (hereinafter referred
to as "City" or "Landlord"), and DAVID L. WRUBEL, CPA, PA, a Florida corporation,
(hereinafter referred to as "Tenant"). ,~
.1. Demised Premises.
The City, in consideration of the rentals hereii
covenants, conditions and agreements to be
hereby leases, lets and demises to the Tena
from the City, those certain premises ei
Premises" and more fully described as otgr~ir.
``c~° a ed to be paid and of the
n rmed by the Tenant,
Tenan " e by leases and hires
r referre o s the "Demised
Approximately 1,518 square of ned proper(the
"Building" a.k.a. "Historic City Ha ~ , t at 1130 Washington
Avenue, 5th Floor, i Beach, ori' a, 33139, and as more
specifically delineate i " it 1 ", atta hereto and incorporated
herein. ;~ a
2. Term.
2.1 Tena s -`° II be a ti ed to h ~~ and to hold the Demised Premises for an
initi t m of thre Oyears, mencing on the 1St day of October, 2010
(the o menc `' ate"), n ending on the 30th day of September,
2013. r o f e Agreement, and including, without
.ion, u ' ction 2.2 Y~ a "contract year" shall be defined as that
ce 'n rio mencing on the 1 St day of October, and ending on the 30th
,~ day o e ., em r. .
2.2 Provided n nt is i ood standing and free from default(s) under Section
8 hereof, n upon written notice from Tenant, which notice shall be
miffed t t e City Manager no earlier than one hundred twenty (120)
bu 'n y case no later than sixty (60) days prior to the expiration of
the ' it f m, this Lease may be extended for two (2) additional three (3)
year r wal 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 renewal 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 Manager'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, 2011 (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 Sixteen Thousand Seven Five Dollars and 62/100
($16,075.62) per year, payable in m hl installments of One
Thousand Three Hundred Thirty Nine If' and 63/100 ($1,339.63).
3.1.2 The Base Rent amount pursu o 's ection 3.1 shall be
increased annually, commen ' n the t ' § nniversary of the
Commencement Date of Lease an ch anniversary
Commencement Date th e ° er, in increments o r (3%) percent
per year. n
3.2 Additional Rent: ~/
In addition to the Ba ent, as set rt_ m Section 3.1, Tenant shall also
pay the following Ad ~'ti ~~~ °~a nt as pr below:
3.2.1 O eratin Ex en
Thr t the r ' th Op rating Expenses for the
D ~~ , mises s' I e Si Thousand Eight Hundred
teen of rs an 4/100 ($16,819.44) per year, payable in
~# onthly ins `11 ents of Thousand Four Hundred One Dollars and
6 100 , ' 2) pe onth, for its proportionate share of
` ~e~:, : are defined as follows:
er ~n Expenses" shall mean the following costs and expenses
red Aerating, repairing, and maintaining the Common
Fa 'l ' s (a einafter defined) and shall include, without limitation,
elec ''c servic ,water service. to the Building, sewer service to the
Builds g trash removal from the Building, costs incurred for gardening
and ~ `°` scaping, repairing and maintaining elevator(s), painting,
'a o ' I services (except for areas within the Demised Premises),
g, cleaning, striping, policing, removing garbage and other
use and trash, removing ice and snow, repairing and maintaining
sprinkler systems, water pipes, air-conditioning systems, temperature
control systems, and security systems, fire alarm repair and
maintenance and other equipment in the common areas and the
exterior and structural portions of the Building, paving and repairing,
patching and maintaining the parking areas and walkways, and
cleaning adjacent areas, management fees and the City's
employment expenses to employees furnishing and rendering any
services to the common areas, together with an additional
administration charge equal to fifteen percent (15%) of all other
expenses included in the annual common area expenses, provided by
2
the City for the common or joint use and/or benefit of the occupants of
the Building, their employees, agents, servants, customers and other
invitees.
"Common Facilities" shall mean all Building areas, spaces,
equipment, as well as certain services, available for use by or for the
benefit of Tenant and/or its employees, agents, servants, volunteers,
customers, guests and/or invitees.
3.2.2 Property Taxes:
The Property Tax Payment shall be pa bl y Tenant, in accordance
with Section 11 herein. The Prope T yment for Property Tax
Year 2009 is estimated at Zero ii ($ Q .Notwithstanding the
preceding sentence, the City " , es no war n or representation,
whether express or implie h the Historic all building, the
Land, and/or the Demise r ises will not be su 'e to ad valorem
(or other) taxes in sub ~q~=:" nt years.
3.2.3 Insurance:
The Additional t shall also cl' a Tenant's pro-rata share toward
estimated insu is incurr t; 'nsure the whole of the Building,
payable in mo ~ h ~ to ents o Hundred Six Dollars and
20/100 ($206.20 his ur e c ge is in addition to the
insu required "'` su t 1 ,which shall be obtained at
T~~'s-sole exnen n resnon ' ' itv_
3.3 Sal s
Conc r
provide
tax , n
im e
charge i
there ovE
impose s
3.4 orcerr
#h ment f the Base Rent and Additional Rent as
sha pay any and all sums for all applicable
without h n, sales and use taxes and Property Taxes,
r assessed against the Demised Premises, or any other
tt quired by any governmental authority having jurisdiction
o h the taxing statute or ordinance may purport to
aga'M st the City.
t re s to pay the Base Rent, Additional Rent, and any other
am n ' may be due and payable by Tenant under this Agreement, at the
4. Location for Payments.
All rents or other payments due hereunder shall be paid to the City at the following
address:
time a m the manner provided herein, and should said rents and/or other
additional amounts due herein provided, at any time remain due and unpaid
for a period of fifteen (15) days after the same shall become due, the City
may exercise any or all options available to it hereunder, which options may
be exercised concurrently or separately, or the City may pursue any other
remedies enforced by law.
3
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.
5. Parking.
Tenant may request, from the City's Parking Department a use of no more than
four (4) parking spaces, if available, at Municipal Parki G age G-2 located at the
intersection of 12th Street and Drexel Avenue. Rate ory` aid spaces are subject to
change, and are currently Seventy Dollars ($70.00 a th, plus applicable sales
and use tax per space.
6. Security Deposit.
Upon execution of this Agreement T a shall furnish the ith a Security
Deposit, in the amount of Five Thou n Eight Hu .red Ninety ,.u ollars and
90/100 ($5,894.90). Said Security sits II erve to sec Tenant's
performance in accordance with the pro 's '-`this Agreement. In the event
Tenant fails to perform in ac ance with s ovisions, the City may retain said
Security Deposit, as well a rrs, any an I ther legal remedies provided
herein, or as may be provide pk~X a~Rr le law.
The parties agree knowle th h e condition is intended to be a
condition subs u City's r=' al of th greement. Accordingly, in the
event that T a does o satisfy h aforestated, then the City Manager or his
designee a immedia withou ,, oher demand or notice, terminate this
Agreement ut bei p iced a t any remedies which may be available to
him for breach f ra - . ~~
7. n sio o emised Premises.
7.1 The Dem' ; Pre ia:a s shall be used by the Tenant as office space for
providing a nting,'consulting and income tax preparation services. Said
remises sh _II a open for operation a minimum of five (5) days a week, with
imum h u of operation being as follows:
Monday -Friday: 9:00 `AM to 5:00 PM
Tenant shall not otherwise modify the days or hours of operation without the
prior written approval of the City Manager. Nothing herein contained shall be
construed to authorize hours contrary to the laws governing such operations.
7.2 It is understood and agreed that the Demised Premises shall be used by the
Tenant during the Term of this Agreement only for the above
purpose(s)/use(s), and for no other purpose(s) and/or use(s) whatsoever.
Tenant will not make or permit any use of the Demised Premises that,
directly or indirectly, is forbidden bylaw, ordinance or government regulation,
or that may be dangerous to life, limb or property. Tenant may not commit
4
(nor permit) waste on the Demised Premises; nor permit the use of the
Demised Premises for any illegal purposes; nor commit a nuisance on the
Demised Premises. In the event that the Tenant uses the Demised Premises
(or otherwise allows the Demised Premises to be used) for any purpose(s)
not expressly permitted herein, or permits and/or allows any prohibited use(s)
as provided herein, then the City may declare this Agreement in default
pursuant to Section 18 or, without notice to Tenant, restrain such improper
use by injunction or other legal action.
8. Improvements.
8.1 Tenant accepts the Demised Premises i e' ~ - sent "AS IS" condition
and may construct or cause to be con ru ' ed, u interior and exterior
improvements and maintenance tot mised es, as reasonably
necessary for it to carry on its pe d use(s), ass h in Section 7;
provided, however, that any p n or such improvem shall be first
submitted to the City Manager or is prior wr n consent, consent, if
granted at all, shall be at the C nag ~s le and absol `discretion.
Additionally, any and all approved p ,, : e nts shall be made at Tenant's
sole expense and re sibility. All p Went (fixed) improvements to the
Demised Premises s e ; in the pr of the City upon termination
and/or expiration of thi m . Upon a ination and/or expiration of
this Agreement, all pets prop non a anent trade fixtures may
be remove a Tena m e i emises, provided that they
can be ~ e oved u amage a Demised Premises. Tenant
will p __ no li s to att h to the Demised Premises arising from,
co ed with, r related ~ the design and construction of any
impr a ents. r such struction shall be accomplished through
the use f ' s to ractors who are acceptable to the City.
A0 nd !1 rmits an ~ icenses required for the installation of
im ~en s II be the sole cost and responsibility of Tenant.
8.2 Nofinrithst 'ng ction 8.1, upon termination and/or expiration of this
Agreement, `a d at C 's sole option and discretion, any or all alterations or
dditions m d by Tenant to or in the Demised Premises shall, upon written
and b City Manager, be promptly removed by Tenant, at its
e e se r~ esponsibility, and Tenant further hereby agrees, in such event,
to r t re a Demised Premises to their original condition prior to the
Comm cement Date of this Agreement.
8.3 The above requirements for submission of plans and the use of specific
contractors shall not apply to improvements (which term, for purposes of this
Subsection 8.3 only, shall also include improvements as necessary for
Tenant's maintenance and repair of the Demised Premises) which do not
exceed Five Hundred ($500.00) Dollars, provided that the work is not
structural, and provided that it is permitted by applicable law.
8.4 Tenant Improvements.
Tenant agrees to make certain improvements (Tenant Improvements) to the
5
Demised Premises (valued by the parties at approximately Thirty Five
Thousand Three Hundred Seventy Dollars and 00/100 ($35,370.00), as
delineated in "Exhibit 8.4", attached hereto and incorporated herein (the
Tenant Improvements). The Tenant Improvements shall be made in
accordance with the following timeline:
• Tenant shall obtain a building permit no later than ninety (90) days
from the Commencement Date of this Agreement;
• Tenant shall commence making the T . a Improvements no later
than forty five (45) days from the d ~ ` building permit is issued
(the "Building Permit Date"); an
• Tenant Improvements sha ~ ompleted, "n Tenant shall obtain
final approval by the Ci s wilding Depart for said Tenant
Improvements, no la r~"" an ninety (90) days ~o the Building
Permit Date. n
Failure to comply with this timeline lete the Tenant Improvements
within the time per' ecified s it constitute an event of default
hereunder. Cam.
9. City's Right of Entry.
9.1 The Ci `~' ' , d/or h ~iit rized resentatives, shall have the right
to en r on the ~ ised P ises at all reasonable times for the purpose
of i P cting sam ; `~ eventin ste; making such repairs as the City may
consi r ece for h purpose of preventing fire, theft or
vandalis P s enever reasonably possible, it shall use
g : gas abl ff s to provi tice (whether written or verbal), unless the
nee ~ me h Demised Premises is an emergency, as deemed by the
City M ~ r, i h sole discretion, which if not immediately addressed
could cau rope mage, loss of life or limb, or other injury to persons.
Nothing he ` i shall i ply any duty on the part of the City to do any work that
der any ra isions of this Agreement the Tenant may be required to
orm, a d e performance thereof by the City shall not constitute a
w 'v o h enant's default.
9.2 If the Want shall not be personally present to open and permit entry into
the Demised Premises at any time, for any reason, and any entry thereon
shall be necessary or permissible, the City Manager, and/or his authorized
representatives, may enter the Demised Premises by master key, or may
forcibly enter the Demised Premises without rendering the City or such
agents liable therefore.
9.3 Tenant shall furnish the City with duplicate keys to 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
6
without the prior written consent of the City Manager, and in the event such
consent is given, Tenant shall furnish the City with duplicate keys to said
locks in advance of their installation.
10. Tenant's Insurance.
10.1 Tenant shall, at its sole expense and responsibility, comply with all insurance
requirements of the City. It is agreed by the parties that Tenant shall not
occupy the Demised Premises until proof of a following insurance
coverages have been reviewed and approved t City's Risk Manager:
10.1.1 Comprehensive General Liability, ' t ''~ ; inimum amount of One
Million ($1,000,000) Dollars (sub' c o a ' ent for inflation) per
occurrence for bodily injury a o erty da .The City of Miami
Beach must be named as a itional insure his policy.
10.1.2 Workers Compensati rt nd Emp ers Liabili verage in
accordance with Florida ory r ui " ments.
10.1.3 All-Risk prope _ nd casual in. rance, written at a minimum of
eighty (80%) p r replacem ~ ost value and with replacement
cost endorsem , c n all lea h d improvements installed in
the Demised Pr ' es o be of Tenant and including
with ' - itation t.: f T on I property in the Demised
P luding, w o limita ~ ,inventory, trade fixtures, floor
rings, iture, other property removable by Tenant under
_ e provisio s f this A r ment).
10.2 Proof o e v m rovided by submitting original certificates
o ~ .ran to a City's i Hager and Asset Manager respectively. All
po ~'' s us t~~: ide thirty (30) days written notice of cancellation to both the
City's an and Asset Manager (to be submitted to the addresses
set forth 'T ~ ectio hereof). All insurance policies shall be issued by
companies u horize to do business under the laws of the State of Florida
nd must ha e a rating of B+:VI or better per A.M. Best's Key Rating Guide,
a st editio , nd certificates are subject to the approval of the City's Risk
11. Property Taxand Assessments.
For the purposes of this Section and other provisions of this Agreement:
11.1 The term "Property Taxes" shall mean (i) real estate taxes, assessments,
and special assessments of any kind which may be imposed upon the
Demised Premises, and (ii) any expenses incurred by the City in obtaining a
reduction of any such taxes or assessments.
11.2 The term "Property Tax Year" shall mean the period of twelve (12) calendar
months, beginning on January 1St of each year.
7
11.3 Tenant shall pay, as Additional Rent pursuant to Section 3.2, for such
Property Tax Year an amount ("Property Tax Payment") equal to Tenant's
pro-rata share of Property Taxes (if any) for such Property Tax Year; said
pro-rata share to be determined by the City based upon the ratio of the
Demised Premises to the tax lot. If a Property Tax Year ends after the
expiration or termination of the term of this Agreement, the Property Tax
Payment therefore shall be prorated to correspond to that portion of such
Property Tax Year occurring within the term of this Agreement. The Property
Tax Payment shall be payable by Tenant immedia upon receipt of notice
from the City. A copy of the tax bill(s) or other ev' a "e of such taxes issued
by the taxing authorities, together with the Ci c putation of the Property
Tax Payment, will be made available to Te nt n received from the taxing
authorities, if requested by Tenant. Ten nt a any difference in the
amount between the estimated prope a es and tual property taxes
to the City immediately, upon re ' # request fors ' yment from the
City.
11.4 Tax Stop.
Notwithstanding the preceding Se 'o ti3 a City shall be responsible for
payment of the Prope ax Paymen p `o an amount not to exceed Three
Dollars ($3.00) per q r of (Tax t Amount) with Tenant to be
responsible for anythi 'n a of tha unt. Tenant shall promptly
reimburse the City for it rtion th rope ax Payment (if any) upon
receipt of t~e-fit~'s invoi r s Q^.,,
12.
13.
Tenant sh I t have the ri ht to ass or sublet the Demised Premises, in whole
or in part, t the p or en co e t of the City Manager, which consent, if
granted at all a ity er's sole and absolute discretion. Such
wr' en co nt i o matter o and the City is not obligated to give such
nt. ed vided herein, the making of any assignment or sublease
` not releas an any of its obligations under this Agreement.
13.1 T ant sha b solely responsible for the operation, maintenance and repair
o 'sed Premises. Tenant shall, at its sole expense and
res nib`` maintain the Demised Premises, and all fixtures and
appu antes therein, and shall make all repairs thereto, as and when
needed, to preserve them in good working order and condition. Tenant shall
be responsible for all interior walls and the interior and exterior of alt 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.
The City shall be responsible for the maintenance of the roof, the exterior of
the Building, all heating/ventilation/air conditioning (HVAC) equipment
servicing the Demised Premises, the structural electrical and plumbing (other
than plumbing surrounding any sink(s) and/or toilet(s), including such sink(s)
8
and toilet(s) fixture(s), within the Demised Premises), the common areas and
the chilled water supply system. The City shall maintain and/or repair those
items that it is responsible for, so as to keep same in proper working
condition.
13.2 All damage or injury of any kind to the Demised Premises, and including
without limitation its fixtures, glass, appurtenances, and equipment (if any),
or to the building fixtures, glass, appurtenances, and .equipment, if any,
except damage caused by the gross negligence a or willful misconduct of
the City, shall be the sole obligation of Ten t, nd shall be repaired,
restored or replaced promptly by Tenant, a tts ole expense and to the
satisfaction of the City.
13.3 All of the aforesaid repairs, restoratio replace"~~~e s shall be in quality
and class equal to or better than t o 'ginal work or i _ lations and shall
be done in good and workmanli nner.
13.4 If Tenant fails to make such re ai,~ or r o tions or repla ments, the
same may be made by the City, a nse of Tenant, and all sums
spent and expenses i red by the all be collectable by the City and
shall be paid by Te 'n three - ys after submittal of a bill or
statement therefore.
13.5 It shall bee's sole leg . o d ofisibility to insure that any
renovate s r and/o ' _ ro ements ~ de by Tenant to the Demised
Prem' es omply all ap li : ble building codes and life safety codes of
gov rrti ental aut ' ies have g 'urisdiction.
13.6 Tenant a si ' ' ' for ' ' ' of included within O eratin Ex enses .
Te t is o!e response 5 r, and shall promptly pay when due, all
. ~ c e nd ' ct fees for any and all utilities for the Demised Premises
NOT in u d a a Operating Expense (pursuant to Subsection 3.2.1).
In addition - her ri is and remedies hereinafter reserved to the City, upon
e failure o rt Want to pay for such utility services (as contemplated in this
section 3£ )when due, the City may elect, at its sole discretion, to pay
s w re y Tenant agrees to promptly reimburse the City upon demand.
In no nt, however, shall the City be liable, whether to Tenant or to third
parties, for an interruption or failure in the supply of any utilities or services to
the Demised Premises.
13.7 TENANT HEREBY ACKNOWLEDGES AND AGREES THAT THE
DEMISED PREMISES ARE BEING LEASED IN THEIR PRESENT "AS IS"
CONDITION.
14. Governmental Regulations.
Tenant covenants and agrees to fulfill and comply with all statutes, ordinances,
9
rules, orders, regulations, and requirements of any and all governmental bodies,
including but not limited to Federal, State, Miami-Dade County, and City
governments, and any and all of their departments and bureaus applicable to the
Demised Premises, and shall also comply with and fulfill all rules, orders, and
regulations for the prevention of fire, all at Tenant's own expense and responsibility.
Tenant shall pay all cost, expenses, claims, fines, penalties, and damages that may
be imposed because of the failure of Tenant to comply with this Section, and shall
indemnify and hold harmless the City from all liability arising from each non-
compliance. ,~
15. Liens.
Tenant will not permit any mechanics,
against the Demised Premises or improv
or claimed to have been furnished to Te
in connection with work of any characte
on said Premises, or improvements
Tenant; provided however, Tenant a
amount of any such lien or claimed lie
give the City reasonable security as n
payment thereof and preve , ale, fore
improvements by reasons o r -pa
and one half (1'h) times the a o n s
shall be posted by Tenant wit 'n en
Tenant may "bo 'the lien~a cor
immediately p ~ ent ren e> d
have such li r eased r dgme t
16. Intentional) 'tted.
17. Co~tdemiiation. \ / '`~~.~..
laborers
nan ' Lnts, con'lr~
r rf` med or claim
o at the direction
I have the ,Fight to ~
Iman's liens to stand
or materials to Tenant
rs, orsub-tenants,
have performed
or a ranee of the
;onte t validity or
~h~e ev~nt such contest, enant shall
he'd anded by the City to insure
re or forfeiture of the Premises or
en . h security need not exceed one
lien o u claim of lien. Such security
of notice from the City, or
s to procedures. Tenant will
i all p er costs and charges and shall
:d at Tenant's own expense.
17. ~ If at an i du " he Term of this Agreement (including any renewal term
hereunde ` I or art or portion of the Demised Premises is taken,
appropriate r con emned by reason of Eminent Domain proceedings,
en this Age ment shall be terminated as of the date of such taking, and
II there a be completely null and void, and neither of the parties hereto
s ! th a er have any rights against the other by reason of this
Agr a or anything contained therein, except that any rent prepaid
beyon a date of such taking shall be prorated to such date, and Tenant
shall pay any and all rents, additional rents, utility charges, and/or other costs
for which it is liable under the terms of this Agreement, up to the date of such
taking.
17.2 Except as hereunder provided, Tenant shall not be entitled to participate in
the proceeds of any award made to the City in any such Eminent Domain
proceeding, excepting, however, Tenant shall have the right to claim and
recover from the condemning authority, but not from the City, such
compensation as may be separately awarded or recoverable by Tenant in
Tenant's own right on account of any and all damage to Tenant's business
10
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.
18. Default.
18.1 Default by Tenant:
At the City's option, any of the following shall constitute an Event of Default
under this Agreement:
p y ,p dton
or covenant contained herei o fi' n the payment of rent and shall
not cure such a within thi ( )days after the receipt of written
notice from th 's cifying an s h default; or such longer period
of time accepta toy, at its o discretion;
and payable by Tenant under this ent, or any installment
thereof, is not paid promptly when d ~' a due, and Tenant shall
not have cured such failure within av 5) after receipt of written
notice from the City specifyin default;
18.1.1 The Base Rent, Additional Rent, or any o er ounts as may be due
18.1.2 The Demised Premises ~1 a deserted, aban a or vacated;
18.1.3 Tenant shall fail to com I an at ~ ial term rovis con i i
18.1.4 Rec ' notice o v lat' `~$ a: o~/ernmental authority having
j s ' aling :, ! ,code, ulation, ordinance or the like,
h rem in uncu d for a period of thirty (30) days from its
suance, o = s ch long r eriod of time as may be acceptable and
a roved ' by th ity Manager, at his sole discretion;
/ ~~ ~ An et. ` n is filed ~6''~e~rgainst Tenant under any section or chapter
~ the ruptcy Act, as amended, which remains pending for more
`~ 4 a si )days, or any other proceedings now or hereafter
au o 'zed a laws of the United States or of any state for the
purp s of dis arging or extending the time for payment of debts;
18.1.x,, \ Ten~fat~hall become insolvent;
18.1.7 `T`ent shall make an assignment for benefit of creditors;
18.1.8 A receiver is appointed for Tenant by any court and shall not be
dissolved within thirty (30) days thereafter; or
18.1.9 The leasehold interest is levied on under execution.
19. Rights on Default.
19.1 Rights on Default:
In the event of any default by Tenant as provided herein, City shall have the
option to do any of the following, in addition to and not in limitation of,,any
11
other remedy permitted. by law or by this Agreement;
19.1.1 Terminate this Agreement, in which event Tenant shall immediately
surrender the Demised Premises to the City, but if Tenant shall fail to
do so the City may, without further notice, and without prejudice to
any other remedy the City may have for possession or arrearages in
rent or damages for breach of contract, enter upon the Demised
Premises and expel or remove Tenant and its effects in accordance
with law, without being liable for prosecution any claim for damages
therefore, and Tenant agrees to indemni a °` hold harmless the City
for all loss and damage which the City a; uffer by reasons of such
Agreement termination, whether thr _g .~y ility to re-let the Demised
Premises, or otherwise.
19.1.2 Declare the entire amount f e Base Rent rt Additional Rent
which would become du a: payable during th r ainder of the
term of this Agreement o due and yable imme 'a ly, in which
event Tenant agrees top ~ e sa once, togethe ith all rents
therefore due, at the addre a ity, as provided in the Notices
section of this Bement; p v~d' d, however, that such payment
shall not cons ' enalty, foe re, or liquidated damage, but
shall merely c it ent i a vance of the rents for the
remainder. of sa < erm d' ch p nt shall be considered,
conaed~and toe t rovable in bankruptcy or
~,
19.1.3 nter the a ised Pr 'ses as the agent of Tenant, by force if
n; essa ,. ut bei - iable to prosecution or any claim for
m f e, enant's property there from; and re-let
the ' ed Premis~portions thereof, for such terms and upon
ch c 'ions which the City deems, in its sole discretion, desirable,
o re ~i the rents therefore, and Tenant shall pay the City any
de i cy ay arise by reason of such re-letting, on demand at
any ' and om time to time at the office of the City; and for the
purp of re-letting, the City may (i) make any repairs, changes,
alter #~ s or additions in or to said Demised Premises that may be
n ' ary or convenient; (ii) pay all costs and expenses therefore
t~ rents resulting from re-letting; and (iii) Tenant shall pay the City
y deficiency as aforesaid.
19.1.4 Take possession of any personal property owned by Tenant on said
Demised Premises and sell the same at public or private sale, and
apply same to the payment of rent due, holding Tenant liable for the
deficiency, if any.
19.1.5 It is expressly agreed and understood by and between the parties
hereto that any installments of rent accruing under the provisions of
this Agreement which shall not be paid when due shall bear interest at
the maximum legal rate of interest per annum then prevailing in
12
Florida from the date when the same was payable by the terms
hereof, until the same shall be paid by Tenant. Any failure on the
City's behalf to enforce this Section shall not constitute a waiver of
this provision with respect to future accruals of past due rent. In
addition, there will be a late charge of Fifty ($50.00) Dollars for any
payments submitted after the due date.
19.1.6 If Tenant shall default in making an
person or for any purpose as may be
may pay such expense but the City sh
Tenant, upon the City's paying such
forthwith reimburse the City for the o
payable by Tenant to the City her u
use of the Demised Premises c Ile
as rent, and shall be due fr enant
y payment of monies to any
req ' ed hereunder, the City
a ~ e obligated to do so.
p se, shall be obligated to
t ereof. All sums of money
er s e deemed as rent for
ctable y e City from Tenant
to the the first day of
the month following the y nt of the expense .: City.
19.1.7 The rights of the City un r is A e ent shall be c~iulative but
not restrictive to those give d failure on the part of the City
to exercise pr I any right ~v n hereunder shall not operate to
waive or to fo fan f the sai ': _~ s.
19.2 Default by City:
The failure a City t rFo o .~: a ovenants, conditions and
agreem is is greem n h are t performed by the City and the
Conti a ' e of su ilure f eriod of thirty (30) days after notice thereof
in from Te n to the which notice shall specify the respects in
whic ~' ant c e .that th 'ty failed to perform any such covenant,
conditio a nt~ constitute a default by the City, unless
su efa is a which c nta a cured within thirty (30) days because of
cir nce `b and the City's control, and the City within such thirty (30)
day pe ' hal a__ commenced and thereafter shall continue diligently to
prosecut~a actin cessary to cure such defaults.
owever, in h: event the City fails to perform within the initial thirty (30) day
'od prov' above, and such failure to perform prevents Tenant from
o r in s usiness in a customary manner and causes an undue hardship
for n n hen such failure to perform (regardless of circumstances beyond
its con ` ) as indicated above, shall constitute a default by the City.
19.3 Tenant's Rights on Default:
If an event of the City's default shall occur, Tenant, to the fullest extent
permitted by law, shall have the right to pursue any and all remedies
available at law or in equity, including the right to sue for and collect
damages, including reasonable attorney fees and costs, to terminate this
Agreement; provided however, that Tenant expressly acknowledges and
agrees that any recovery by Tenant shall be limited to the amount set forth in
Section 32 of this Agreement.
13
20. 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 as delinquent rent w~~constitute a lien on said
premises and property.
20.2 If Tenant shall at any time be in default her rt ' +` r, nd if the City shall deem
it necessary to engage an attorney to en ~ th r 's rights and Tenant's
obligations hereunder, Tenant will r ' rse the ~ or the reasonable
expenses incurred thereby, inclu g; ut not limite to, court costs and
reasonable attorney's fees, wh suit be brought or ' o and if suit be
brought, then Tenant shall b is a for exp es incurre th the trial
and appellate levels.
21. Indemnification Against Claims,
21.1 Tenant shall indemnify a City h ss from and against any and
all claims or causes of ~ 'on ( t rou ~ s or otherwise) by or on
behalf of son, fir r rp 'o , or ersonal injury or property
damage on th ed Pre ' es or upon any other land or
other a ' ty or p urtena used in connection with the Demised
Pre is s, occasio in who in part by any of the following:
21.1.1 t~ r n o , art of Tenant, or any employee, agent,
~~~con ct ,invitee, ,assignee, sub-tenant or subcontractor of
1.2 An 'sus , n lect, or unlawful use of the Demised Premises by
Ten t, or an mployee, agent, contractor, invitee, guest, assignee,
sub-t n nt or subcontractor of Tenant;
21.1.3 ~~~-~each, violation, or non-performance of any undertaking of
e nt under this Agreement;
21.1.4 Anything growing out of the use or occupancy of the Demised
Premises by Tenant or anyone holding or claiming to hold through or
under this Agreement.
21.2 Tenant agrees to pay all damages to the Demised Premises and/or other
facilities used in connection therewith, caused by Tenant or any employee,
agent, contractor, guest, or invitee of Tenant.
22. Signs and Advertising.
Without the prior written consent of the City Manager, which consent, if given at all,
14
shall be at the City Manager's sole and absolute discretion, Tenant shall not permit
the painting and display of any signs, plaques, lettering or advertising material of
any kind on or near the Demised Premises. All additional signage shall comply with
signage standards established by the City and comply with all applicable building
codes, and any other municipal, County, State and Federal laws.
23. Effect of Conveyance.
The term "City" and/or "Landlord" as used in the Agreement means only the owner
for the time being of the land and building containing the D ised Premises, so that
in the event of any sale of said land and building, or in vent of a lease of said
building, the City shall be and hereby is entirely free a relieved of all covenants
and obligations of the City hereunder, and it shall d and construed without
further agreement between the parties, or betty n e p rt -sand the purchaser at
such sale, or the lease of this building, that urchaser Want has assumed
and agreed to carry out all covenants an ob ' ations of the ereunder.
24. Damage to the Demised Premises.
24.1 If the Demised Premises shall be ~' the elements or other casualty
not due to Tenant's igence, or fi e, but are not thereby rendered
untenantable, as det a the Ci ager, in his sole discretion, in
whole or in part, ands 's cove the City's insurance, if any,
(hereinafter referred to s "suc ence a City, shall, as soon as
possible a _ h occurr n e, i e=t ra ce proceeds to cause such
damage ' ed an t nt (Bas nt and Additional Rent) shall
not b b ed. If b ason o ~ ch occurrence, the Demised Premises shall
be n red unte ~ able, as d ermined by the City Manager, in his sole
discr ~o -, only i ~ e City I as soon as possible utilize the insurance
procee # s ma repaired, and the Rent meanwhile shall
~be ate ' ortionately ` o the portion of the Demised Premises
ren r unt table; provided however, that the City shall promptly obtain
a goo es of the time required to render the Demised Premises
tenantab a d if c time exceeds sixty (60) days, either party shall have
the option nceli this Agreement.
24.2 "f a Demi remises shall be rendered wholly untenantable by reason of
s h cc ce, the City shall have the option, but not the obligation, in its
sole $ cr on, to utilize the insurance proceeds to cause such damage to be
repair and the Rent meanwhile shall be abated. However, the City shall
have the right, to be exercised by notice in writing delivered to Tenant within
sixty (60) days from and after said occurrence, to elect not to reconstruct the
destroyed Demised Premises, and in such event, this Agreement and the
tenancy hereby created 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
said occurrence, to elect to terminate this Agreement, the Rent to be
adjusted accordingly.
15
24.3 Notwithstanding any clause contained in this Section 24, if the damage is not
covered by the City's insurance, then the City shall have no obligation to
repair the damage, but the City shall advise Tenant in writing within thirty (30)
days of the occurrence giving rise to the damage and of its decision not to
repair, and the Tenant may, at any time thereafter, elect to terminate this
Agreement, and the Rent shall be adjusted accordingly.
25. Quiet Enjoyment.
Tenant shall enjoy quiet enjoyment of the Demised Pr ises and shall not be
evicted or disturbed in possession of the Demised P , m' es so long as Tenant
complies with the terms of this Agreement.
26. Waiver.
26.1 It is mutually covenanted and agre b.' and between rties hereto that
the failure of the City to insist o the strict perform of any of the
conditions, covenants, terms P: visions of is Agreeme to exercise
any option herein conferred, wil o e co id ed or construe ' as a waiver
or relinquishment for the future o tt c ~ conditions, covenants, terms,
provisions or options a same sh ( time and remain in full force and
effect.
26.2 A waiver of any term exp a sed a all n implied by any neglect of
the City to a forfei r on t o e iolation of such term if such
violation y ~°~ iri d or r fat °~ subse ntly and any express waiver
shall t ect an # m othe t n the one specified in such waiver and that
on ort for the ti a nd in th anner specifically stated.
26.3 The rem p'l~ofia `~ p enant to the City after breach of any
co 'ion, v'e ant, term or~p~o. ision herein contained shall not be deemed
a {~"~`v of s reach, but shall be taken, considered and construed as
payme us a occupation, and not as Rent, unless such breach be
expressl ' 'ved i 'ting by the City.
27.
The a d sses for _ ~#~ otices required under this Agreement shall be as follows, or
at such a re s as either party shall be in writing, notify the other:
LAND D: City Manager
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
With copy to: Director
City of Miami Beach
Office of Real Estate, Housing & Community Development
1700 Convention Center Drive
Miami Beach, Florida 33139
16
TENANT: David L. Wrubel, CPA, P.A.
1130 Washington Avenue, 5th Floor
Miami Beach, Florida 33139
With copy to: David L. Wrubel
1063 West 47th Street
Miami Beach, Florida 33140
All notices shall be hand delivered and a receipt requeste or by certified mail with
Return receipt requested, and shall be effective upon~~~t.
28. Entire and Binding Agreement.
This Agreement contains all of the agreement a ee parties hereto, and it
may not be modified in any manner other th greeme '" ~ riting signed by all
the parties hereto or their successors ' i Brest. The to covenants and
conditions contained herein shall inure t benefit of and be bi upon the City
and Tenant and their respective s ssors an ssigns, exc s may be
otherwise expressly provided in this A ent.
29. Provisions Severable.
If any term or provision of thi ent or the p ication thereof to any person or
circumstance shall, to any ext n or un f ceable, the remainder of this
Agreement, or the application o s ch to o ovisi persons or circumstances
other than those a ich it is a in i ' n or "eable, shall not be affected
thereby and e h d pro `si this ement shall be valid and be
enforced to e ~ " lest e e "~ permi ` ~ by law.
30. .Captions.
The captions c t ' re onvenience and reference only and shall
n e de ed a art f this Agre or construed as in any manner limiting or
m in a rm provisions of this Agreement to which they relate.
31. tuber and Ge d
h ever used h r 'n, thee` ingular number shall include the plural and the plural
sh i lude the si g , lar, and the use of one gender shall include all genders.
32. Limitati a Li ili
The City d it s enter into this Agreement only if in so doing the City can place a
limit on the s liability for any cause of action for money damages due to an
alleged breach by the City of this Agreement, so that its liability for any such breach
never exceeds the sum of Ten Thousand ($10,000.00) Dollars. Tenant hereby
expresses its willingness to enter into this Agreement with Tenant's recovery from
the City for any damage action for breach of contract to be limited to a maximum
amount of $10,000.00. Accordingly, and notwithstanding any other term or condition
of this Agreement, Tenant hereby agrees that the City shall not be liable to Tenant
for damage in an amount in excess of $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
17
placed upon the City's liability as set forth in Florida Statutes, Section 768.28.
33. Surrender of the Demised Premises.
Tenant shall, on or before the last day of the Term herein demised, or the sooner
termination thereof, peaceably and quietly leave, surrender and yield upon to the
City the Demised Premises, together with any and all equipment, fixtures,
furnishings, appliances or other personal property, if any, located at or on the
Demised Premises and used by Tenant in the maintenance, management or
operation of the Demised Premises, excluding any tr a fixtures or personal
property, if any, which can be removed without mat is njury to the Demised
Premises, free of all liens, claims and encumbrance n fights of others or broom-
clean, together with all structural changes, alterati s 'tions, and improvements
which may have been made upon the Demised °°" is _ good order, condition
and repair, reasonable wear and tear ted, su ' however, to the
subsequent provisions of this Section. An ro erty which pur to the provisions
of this Section is removable by Tena on rat the Demised ~ses upon the
termination of this Agreement and is of o remove ay, at the o io of the City,
be deemed abandoned by Tenant, an e' er y retained by `' City as its
property or may be removed and dispose Q h ole cost of the Tenant in such
manner as the City may see ;~ , f the Demis d emises and personal property, if
any, be not surrendered at t e the Term s rovided in this Section, Tenant
shall make good the City all d h the all suffer by reason thereof,
and shall indemnify and hold ~a les ~ a in t all claims made by any
succeeding tenan chaser, oar s d is occasioned by the failure of
Tenant to surr d mised , ' es as a '° hen herein required.
34. Time is of : e ssence.
Time is oft ~ sence ' artic I and particularly where the obligation to
pay money is i o
/~
35. Xlen~\
is Agreem t all erred to have been made and shall be construed and
erpreted in ac ance the laws of the State of Florida. This Agreement shall
forceable in mi-Da a County, Florida, and if legal action is necessary by
eit r~ rty with re p ct to the enforcement of any and all the terms or conditions
herei elusive a ue for the enforcement of same shall lie in Miami-Dade
County, to.'da ,.
CITY AND T~4i NT HEREBY KNOWINGLY AND INTENTIONALLY WAIVE THE
RIGHT TO TRIAL BY JURY IN ANY ACTION OR PROCEEDING THAT THE CITY
AND TENANT MAY HEREIN AFTER INSTITUTE AGAINST EACH OTHER WITH
RESPECT TO ANY MATTER ARISING OUT OF OR RELATED TO THIS
AGREEMENT.
36. Radon is a naturally occurring radioactive gas that, when it is accumulated in a
building in sufficient quantities, may present health risks to persons who are
exposed to it over time. Levels of Radon that exceed Federal and State guidelines
18
have been found in buildings in Florida. Additional information regarding Radon and
Radon testing may be obtained from your County Public Health Unit.
37
~, ~ 1
~.,'~. ,
REMAIN~E OF PAGE INTENTIONALLY LEFT BLANK
,.` ~;y,~
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 of materials found within
the Demised Premises shall be immediately remov
~`
Tenant shall indemnify and hold the City harmless from jt~ss, damage, cost, or
expense of the City, including, without li tion, reas agile attorney's fees,
incurred as a result of, arising from, or co ~~ ed with the pl ent by Tenant of
any "hazardous substance" or "petrol m~roducts" on, in or o the Demised
Premises as those terms are define `~by~applicabl~wederal and a ,~ Statute, or
any environmental rules and environ I regu~'atr~ris promulgate ereunder.
The provisions of this Section 37 shall su~# urination or earlier expiration of
this Agreement. h '~.,
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19
IN WITNESS WHEREOF, the parties hereto have caused their names to be signed
and their seals to be affixed, all as of the day and year first above written, indicating their
agreement.
Attest:
CITY OF MIAMI BEACH, FLORIDA
i
Robert Parcher, CITY CLERK
Attest:
~''°~,
WITNESS - .~ ~,D~rid L. Wrubel, President
Bower, MAYOR
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' ~ DAVID L. WRUBEL CPA, PA
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20
EXHIBIT 1
5th Floor
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Scale i/8" = 1'
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,~ Floor Common Area - 713 SF
21
EXHIBIT 8.4
Tenant. Improvement(s)
(page 1 of 3)
2400 NE 2nd Avenua, Siudb B
AMICON CONSTRUCTION MI4mI,Flaa387
SERVICES Isos)s7s-aoso
laos) s7aa7nrax
www.amicond4vabpmorduxm
Wrubel Offices
1130 Washington Ave
5th Floor
Miami Beach, FL 33139
PRELIMINARY SCHEDULE OF VALUES PRESENTATION
wiutid omwssza io iota
22
EXHIBIT 8.4
Tenant Improvement(s)
(page 2 of 3)
~ama4,7010
zl,•,~iar>n,:lp4 cteEmflbo
ca~» anDhel o~~ ~,~,
'~01N~iBt~°""'~ AMICOH8EHVICESCTIOPI ~h~D
5th Fbor (~~
M18m1B.edyFL39159
~mw
ADC
^~'~
6BtERAL R64UIREINE16T5
sw~l.n/froJn]khnap.~en/Atln111/Oward f b215AD
01241
o17W finrral lakor
fkwcwn
f 60°'0D
@ f SSOm
> slm ftWQln f 7aom
01528 1001Da Oa.r. NauOn(e IEEDa rdlofleonLllws 1 5425A0 f BSDd0
01051 PvnB.llg Pw /Nam NonRlq By pry
IDC
01901 6amal lkMi0ly lm.raneafnnlWn f 640.0D
SRHNORK
O.Illentlen S 2A00.00
WOpD58 PIASTItS
0836D uninatW Nastla Brack Re9m-a0eararca~peralyhlf f 1.800m
AMtltbml gora8a Bonmwlkly/lrtl9fekJ f ].Doom
f 1A00aD
08200 Hn.k GrpsnrY Nna w.otl W7aln [.mrnoe anw f 75040
TMERMAtA f5as7une P8o7ECT1oN
Inlwa.m 6a1lMgmnmab .Ic
ooauswn
08200 hrMAar WOOd Oxon and framm/haMran Fblbw mepltruna,Wmgreds a01k1mn d0on 9 f950.0o f 5.800.OD
08103 Oeor Ekbd~mlamab NIC
oeaao ab.amnk~ inafa p.laln ssrt9fBn f 750.00
HNI511F5
Fnmb68 1 hang mwdryanllowraakabg sotly acprior ara0s f 4
SSDa0
,
09510 Aawuleal CNn1~6 AOOannoa- PauNro dmm demo f 69ode
09800 SmMi/TIY
9900
Carea6lRT ibortl8 andv9ry18w
anowanca
1518
57.75 .IC
f
s,174sD
Painb6 .e9alm a01n w8a antlnw kua f 7V070L0
SPEOAL71E5
10090 Elgm
~
10870 fin no oklmbindutlatl f 890.00
ec~uroMavr
11440 Appllanna ND~ramr/Dbnara9hs 87 D.sn
.IC
filRNt99,NGf
12490 991Mw7r9almama AOevenm f 2.50D.00
MEQUftRAL
18050 NVAC taktlnBminnaln
NIC
19900
i501D NumkinB Lobar
f 7390.00
Nutabi Fk.uro Nola alnlts~/coast
15400
fka 5prlnkbra
6a.llrymnwln indlW~
IOC
EtECTRIt;AI.
36050 EbgAn! I.aba
36900
Lq. V YN f lOpODO0
16500
16900
~KFn.Yrn
fba Al Atleaau.a
AOannaYa4'P.rabollebwan
25
511600 i 5.000dD
f 2.75D1ID
arm 7a.ekgm nmab .IC
1
3 30
mmraelor fr 730% f y~1
7mu
S 57,so9.n
wrabN Onbu62510 :a7i
23
EXHIBIT 8.4
Tenant Improvement(s)
(page 3 of 3)
Alternatives/Exdusbns:
1 No corridor work included
2 Permit fees/architecture/engineering
3 GC not responsible for exkUng systems installed by previous contractor
Notes:
1 This prcing h based on stta vast walkthrough (6/23/10) and layout aketrh provided
2 Soundproofing NIL. Speclflcatlon required
3 Upon receipt of final approved, permitted Construction Documents, pricing may require adjustments.
4 Pricing assumes existing construction end conditions are in compliance with ell current applipble construction codes unless otherwise noted in above pridng.
5 Asbestos /hazardous materials survey / abatement k not lnduded.
6 Environmental/governmental/water/sewerlmpact fees are not included.
7 All work is priced during normal business hours in a single phase vacant space (i.e. all furniture, equipment, FF & E) personnel /staff are not on site.
8 Allfurniture /equipment moving, installation and coordination by others.
9 All telephone, computer, security and television, audio /visual equipment /wiring removal, relocation and installation by other.
SO If x-raying of the slab for floor outlets and plumbing Imes Is required, pricing is based on one (1) set of x-rays. If additional x•reys ere required due to conflk~ts
or obstructions they will be priced aaordingly.
11 R b aswmed that all materials and equipment can be delivered on site through loading docks /service elevators and no additional hoisting equipment is
required.
12 All existing Mechanicel, Eledriwl, Plumbing and Fire wppression systems are assumed to be In good working order and code worthy. Refurbishment or repair
ff required is not included. Any additional tests or balanced required are not included.
13 The base cost proposal does NOT include special ventilation requirements such as removing exterior glass and installing exhaust
fans, rerouting fresh air/return duchvark, etc..
14 The base proposal does NOT Include provisions / funds for seariry, elevator, building management or tenant personnel time /coordination that maybe
required to complete the scope of work fl these persons involvement is required, the cost of wch time /coordination [hat may be required to complete the
scope of work. If these persons involvement is required, the cost of wch
15 This cost proposal is based on completing the scope of work in a standard time frame. Accelerated /compressed scheduling due to lead times, permitting,
contract execution, work stoppages etc, may rewlt in additional cost such as overtime and quids shipment of materials to be paid by the tenant /owner.
16 This cast proposal is based on the quantities and scope of work shown. Changes in the quantities /srope of work may rewlt in the unit costs changing.
17 The ceiling space on the floors below ere assumed to be accessible and to have sufficient space to accommodate the new under slab eledripl work or piping
lines and allow adequate slope as will be required. Relocation of any obstructions/ rerouting of the plumbing lines or patching of hard callings, if required will
he priced on a case by ase basis.
18 Normal floor preparations and ramping for carpet is included. leveling of the fbor slab if required is NIC.
19 This cost proposal is valid for 30 days from the date of the proposal.
20 This cart proposal is based on the execution of a standard AIA document A311(Standard Form of Agreement between Owner and Contractor) or other
standard Alit documents prior to commencement of work.
21 R h assumed that all samples, wbmtttels, shop drawings etc.. will be reviewed by the Architect and / or Engineer with a timefreme that coincides with [he
project schedule at no charge to AMICON Construnion Services. It is also assumed that CAD fllesand / or PDF files will be provided to AMICON Construction
Services as needed at no additional charge.
22 Change Orders will be billed at a cost of the work which Includes additional General Conditions related to the changes in the scope
of work (excluding supervision) and a 10%fee which coven wpervision, overhead and profit.
23 change Orden rewiring in a reduction In the scope of work /contract amount will be credited back at the cost of the work as credited back to AMICON
Construction Services by Its wpplien and vendor. No tees or general conditions will be credited bade for Items that reduce the scope of work /contract
amount.
24 All applkable sales taxes are lnduded
wnANOmens131o aaa
Wee/m3o
24
July 8, 2010
Ms. Hilda M. Fernandez
City of Miami Beach
1700 Convention Center Drive
Miami Beach, FL 33139
Re: 1130 Washington Avenue office space for David Wrubel
Dear Hilda:
Koniver Stern endorses the City of Miami Beach moving forward with the above referenced
lease. The reasons are: 1) the space cannot be expanded or contracted which limits the number
of tenants that the space is appropriate for; 2) the tenant is willing to pay for their required
tenant specific build-out since no cash tenant improvement allowance is offered and the space
currently needs to be built out; 3) the office space is Class B/C space and currently the general
office market is not robust. We are .recommending the 5th floor space to be leased at .$23.30
based upon the space having a more desirable view that the lower floors. We :are also
recommending a 12 month rent :abatement based upon the City's estimate of $37,600 to
complete the space. We have been showing the space since January and have been negotiating
this proposal for three months. Additionally, the tenant is currently leasing .space in Miami
Beach.
.Based on all these factors, Koniver Stern recommends that the City lease the office space at
1130 Washington Avenue to David Wrubel.
Thank you.
..~- --
Lyle B. Stern
1665 Washington Avenue, Penthouse
Miami Beach, Florida 33139
T (305) 532-6100 F (305) 532-6101
www. koniversterngroup.com