Lease Agreement with MDC Bruno Barreiro's Office LEASE AGREEMENT
THIS LEASE AGREEMENT, made this day of 201y, by
and between the CITY OF MIAMI BEACH, a Florida municipal corporation, (hereinafter
referred to as "City" or "Landlord"), and MIAMI-DADE COUNTY, FLORIDA (hereinafter
referred to as "Tenant").
1. Demised Premises.
The City, in consideration of the rentals hereinafter reserved to be paid and of the
covenants, conditions and agreements to be kept and performed by the Tenant,
hereby leases, lets and demises to the Tenant, and Tenant hereby leases and
hires from the City, those certain premises hereinafter referred to as the
"Demised Premises" and more fully described as follows:
Approximately 412 square feet of City-owned property (the
"Building"), located on the ground floor at 1700 Convention Center
Drive; Miami Beach, Florida, 33139, and as more specifically
delineated in "Exhibit 1", attached hereto and incorporated herein.
2. Term.
2.1 Tenant shall be entitled to have and to he! e De�ed-Premises for an
initial term of forty six (46) months, commencing retroactively as of the 1St
d% of February, 2013 (the "Commencement Date"), and ending on the
30 h day of November, 2016.
For purposes of this Agreement, and including, without limitation,
Subsection 2.2 herein, a "contract year" shall be defined as that certain
one year period commencing on the 1st dad, of February, and ending on
the 31 st day of January.
2.2 Provided Tenant is in good _standing and free from default(s) under
Section 18 hereof; and upon written notice from Tenant, which notice shall
be submitted to the City Manager no earlier than one hundred twenty
(120) days, but in any case no later than sixty (60) days prior to the
expiration of the initial term, this Lease may be extended for one (1)
additional three (3) year renewal term. 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.
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3. Rent.
3.1 Base Rent:
Base Rent for the Demised Premises shall begin to accrue on the
Commencement Date.
3.1.1 Throughout the Term herein, the Base Rent for the Demised
Premises shall be One Dollar and 00/100 ($1.00) per year, payable
annually commencing on the Commencement Date and, thereafter,
on each 1 ST day of December.
3.1.2 Concurrent with the payment of the Base Rent, Tenant shall also
include any and all additional sums for all applicable sales and use
tax, now or hereafter prescribed by Federal, State or local law.
3.2 Intentionally Omitted.
3.3 Sales Taxes:
Concurrent with the payment of the Base Rent, as provide her Tenant
shall also pay any and all sums for all applicable tax(es), including without
limitation, sales and use taxes and Property Taxes, imposed, levied or
assessed against the Demised Premises, or any other charge or payment
required by any governmental authority having jurisdiction there over,
even ,though the taxing statute or ordinance may purport to impose such
tax against the %Clty.
3.4 Enforcement.
Tenant agrees to pay the Base Rent, and any other amounts as may be
due andA ruyublp by Tenant under this Agreement, at the time and in the
manner provided herein, and should said rents and/or other additional
amounts due herein provided, at any time remain due and unpaid for a
period of fifteen (15) days after the same shall become due, the City may
exercise any or all options available to it hereunder, which options may be
exercised concurrently or separately, or the City may pursue any other
remedies enforced by law.
4. Location for Payments.
All rents or other payments due hereunder shall be paid to the City at the
following address:
City of Miami Beach
Revenue Manager
1700 Convention Center Drive, 3�� Floor
Miami Beach, Florida 33139
or at such other address as the City may, from time t4 time, designate in writing.
5. Intentionally Omitted.
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6. Intentionally Omitted.
7. Use and Possession of Demised Premises.
7.1 The Demised Premises shall be used by the Tenant as the Miami Beach
District Office for Commissioner Bruno Barreiro solely for the purpose(s) of
meeting with City of Miami Beach residents and attending to their needs in
a convenient and accessible government location. Said Premises shall be
open for operation a minimum of five (5) days a week, with normal hours
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 by law, ordinance or government
regulation, or that may be dangerous to life, limb or property. Tenant may
commit not nor perms 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)pose(s) f sot enpr essiy permitted i er ain, or tiers i its andiGr
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 iegai action.
8. Improvements.
8.1 Tenant, accepts the Demised Premised in their present "AS IS" condition
and may construct or cause to be constructed, such interior and exterior
improvements and maintenance to the Demised Premises, as reasonably
necessary for it to carry on its permitted use(s), as set forth in Section 7;
provided, however, that any plans for such improvements shall be first
submitted to the City Manager for his prior written consent, which consent,
if granted at all, shall be at the City Manager's sole and absolute
discretion. Additionally, any and all approved improvements shall be made
at Tenant's sole expense and responsibility. All permanent (fixed)
improvements to the Demised Premises shall remain the property of the
City upon termination and/or expiration of this Agreement. Upon
termination and/or expiration of this Agreement, all personal property and
non-permanent trade fixtures may be removed by the Tenant from the
Demised Premises, provided that they can be (and are) removed without
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damage to the Demised Premises. Tenant will permit no liens to attach to
the Demised Premises arising from, connected with, or related to the
design and construction of any improvements. Moreover, such
construction shall be accomplished through the use of licensed, reputable
contractors who are acceptable to the City. Any and all permits and or
licenses required for the installation of improvements shall be the sole cost
and responsibility of Tenant.
8.2 Notwithstanding Subsection 8.1, upon termination and/or expiration of this
Agreement, and at City's sole option and discretion, any or all alterations
or additions made by Tenant to or in the Demised Premises shall, upon
written demand by the City Manager, be promptly removed by Tenant, at
its expense and responsibility, and Tenant further hereby agreest in such
event, to restore the Demised Premises to their original condition prior to
the Commencement Date of this Agreement.
8.3 The abo�Je requiremiants for submission of Mao;s and th ie use cf sp=CifiC
contractors shall not apply to improvements (which term, for purposes of
this Subsection 8.3 only, shall also inchude Pp e ovements as necessary for
Tenant's maintenance and repair of the Demised Premixes) 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.
9. City's Right of Ent
[y.
9 N.
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 considei ne%essary; and fui the purpose of prcventing fire, theft
or vandalism. The City agrees that, whenever reasonably possible, it shall
use reasonable efforts to provide notice (whether written or verbal), unless
the need to enter the Demised Premises is an emergency, as deemed by
the City Manager, in his sole discretion, which if not immediately
addressed could cause property damage, lass of life or limb, or other
injury to persons. Nothing herein shall imply any duty on the part of the
City to do any work that under any provisions of this Agreement the
Tenant may be required to perform, and the performance thereof by the
City shall not constitute a waiver of the Tenant's default.
9.2 If the Tenant shall not be personally present to open and permit entry into
the Demised Premises at any time, for any reason; and any entry thereon
shall be necessary or permissible, the City Manager, and/or his authorized
representatives, may enter the Demised Premises by master key, or may
forcibly enter the Demised Premises without rendering the City or such
agents liable therefore.
9.3 Tenant shall furnish the City with duplicate keys to 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
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locks to the Demised Premises without the prior written consent of the City
Manager, and in the event such consent is given, Tenant shall furnish the
City with duplicate keys to said locks in advance of their installation.
10. Tenant's Insurance.
Tenant has an on-going self-insurance program as provided in "Exhibit 10"
(Tenant's Insurance), attached hereto and incorporated herein.
11. Intentionally Omitted.
12. Assignment and Subletting.
Tenant shall not have the right to assign or sublet the Demised Premises, in
whole or in part, without the prior written consent of the City Manager, which
consent, if granted at all shall 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
t?E".�Ir"yII�DEI; OF P�rF II�ITEI`�1TIO11IrA LY; EFT BI AN K
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assignment or sublease will not release Tenant from any of its obligations under
this Agreement.
13. Operation, Maintenance and Repair.
13.1 Tenant shall be solely responsible for the operation, maintenance and
repair of the Demised Premises. Tenant shall, at its sole expense and
responsibility, maintain the Demised Premises, and all fixtures and
appurtenances therein, and shall make all repairs thereto, as and when
needed, to preserve them in good working order and condition. Tenant
shall be responsible for all interior walls and the interior and exterior of all
windows and doors, as well as immediate replacement of any and all plate
glass or other glass in the-Demised Premises which may become broken,
using glass of the same or better quality.
The City shall be responsible for the maintenance of the roof, the exterior
Ofthe Ming, all heating/ventilation LJrI.-l�t�n�-,irig !'1-1;f,�•^) �qui�11nent
LhV �..�11 1�1 11 11%./ L 1 %to V L�.11 1. a .V 11 ` I V v 1
servicing the Demised Premises, the structural electrical and plumbing
(other than plumbing surrounding any sinks) and/or toilet(s), including
such sink(s) and toilet(s) fixture(s), within the Demised Premises); the
common areas and the chilled water supply system. The City shall
maintain and/or repair those items that it is responsible for, so as to keep
same in proper working condition.
13.2 All damage or injury of any kind to the Demised Premises, and including
without limitation its fixtures, glass, appurtenances, and equipment (if
any), or to the building fixtures, glass, appurtenances, and equipment, if
any, except damage caused by the gross negligence and/or willful
misconduct of the City, shall be the sole obli"yatiJ i of Tenant, and shall. be
repaired, restored or replaced promptly by Tenant, at its sole expense and
to the satisfaction of the City.
13.3 All of the aforesaid repairs, restorations and replacements shall be in
quality and class equal to or better than the original work or installations
and shall be done in good and workmanlike manner.
13.4 If Tenant fails to make such repairs or restorations or replacements, the
same may be made by the City, at the expense of Tenant, and all sums
spent and expenses incurred by the City shall be collectable by the City
and shall be paid by Tenant within three (3) days after submittal of a bill or
statement therefore.
13.5 It shall be Tenant's sole obligation and responsibility to insure that any
renovations, repairs and/or improvements made by Tenant to the Demised
Premises comply with all applicable building codes and life safety codes of
governmental authorities having jurisdiction.
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13.6 Tenant Responsibilities for Utilities.
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.
In addition to other rights and remedies hereinafter reserved to the City,
upon the failure of Tenant to pay for such utility services (as contemplated
in this Subsection 13.6) when due, the City may elect, at its sole
discretion, to pay same, whereby Tenant agrees to promptly reimburse the
City upon demand.
In no event, however, shall the City be liable, whether to Tenant or to third
parties, for an interruption or failure in the supply of any utilities or services
to the Demised Premises.
13.7 TENANT HEREBY ACKNOWLEDGES AND AGREES THAT THE
DEMISED PREMISES ARE BEING LEASED IN THEIR PRESENT "AS
IS" CONDITION.
14. Governmental Regulations.
Tenant covenants and agrees to fulfill and comply with a!! statutes, ordinances,
rules, orders; regulations, and requirements of any and all governmental bodies,
including but not limited to Federal, State, Miami-Dade County, and City
governments, and any and all of their departments and bureaus applicable to the
Demised Premises, and shall also comply with and fulfill all rules, orders, and
regulations for the prevention of ire, all at enan s own expense an
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 i-compliance.
15. Liens.
Tenant will not permit any mechanics, laborers, or materialman's liens to stand
against the Demised Premises or improvements for 'any labor or materials to
Tenant or claimed to have been furnished to Tenant's agents, contractors, or
sub-tenants, in connection with work of any character performed or claimed to
have performed on said Premises, or improveI!I L by or at the direction or
sufferance of the Tenant; provided however, Tenant shall have the right to
contest the validity or amount of any such lien or claimed lien. In the event of
such contest, Tenant shall give the City reasonable security as may be
demanded by the City to insure payment thereof and prevent sale, foreclosure, or
forfeiture of the Premises or improvements by reasons of such non-payment.
Such security need not exceed one and one half (%) times the amount of such
lien or such claim of lien. Such security shall be posted by Tenant within ten (10)
days of written notice from the City, or Tenant may "bond off' the lien according
to statutory procedures. Tenant will immediately pay any judgment rendered with
all proper costs and charges and shall have such lien released or judgment
satisfied at Tenant's own expense.
16. Intentionally Omitted.
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17. Condemnation.
17.1 If at any time during the Term of this Agreement (including any renewal
term hereunder) all or any part or portion of the Demised Premises is
taken, appropriated, or condemned by reason of Eminent Domain
proceedings, then this Agreement shall be terminated as of the date of
such taking, and shall thereafter be completely null and void, and neither
of the parties hereto shall thereafter have any rights against the other by
reason of this Agreement or anything contained therein, except that any
rent prepaid beyond the date of such taking shall be prorated to such date,
and Tenant shall pay any and all rents, additional rents, utility charges,
and/or other costs for which it is liable under the terms of this Agreement,
up to the date of such taking.
17.2 Except as hereunder provided, Tenant shall not be entitled to participate in
the proceeds of ?r1.1 award ri!aU t7 the City ir•! 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 Tena,nt in
Tenant's own right on account of any and all damage to Tenant's business
by reasons of the condemnation and for or on account of any cost or loss
which Tenant might incur in removing Tenant's furniture and fixtures.
18. Default.
18.1 Default by Tenant:
At the City's option, any of the following shall constitute an Event of
Default u ±er this gre-ern. ent:
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18.1.1 The Base Rent, or any other amounts as may be due and payable
by T enant under this Agreement, or any installment thereof, is not
paid promptly when and where due within fifteen (15) days of due
date, and Tenant shall not have cured such failure within five (5)
days after receipt of written notice from the City specifying such
default;
18.1.2 The Demised Premises shall be deserted, abandoned, or vacated;
18.1.3 T enant shall fail to comply with any material terns, provision,
condition or covenant contained herein other than the payment of
rent and shall not cure such failure within thirty (30) days after the
receipt of written notice from the City specifying any such default; or
such longer period of time acceptable to the City, at its sole
discretion;
18.1.4 Receipt of notice of violation from any governmental authority
having jurisdiction dealing with a law, code, regulation, ordinance or
the like, which remains uncured for a period of thirty (30) days from
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its issuance, or such longer period of time as may be acceptable
and approved in writing by the City Manager, at his sole discretion;
18.1.5 Any petition is filed by or against Tenant under any section or
chapter of the Bankruptcy Act, as amended, which remains pending
for more than sixty (60) days, or any other proceedings now or
hereafter authorized by the laws of the United States or of any state
for the purpose of discharging or extending the time for payment of
debts;
18.1.6 Tenant shall become insolvent;
18.1.7 Tenant shall make,an assignment for benefit of creditors;
18.1.8 A receiver is appointed for Tenant by any court and shall not be
dissolved within thirty (30) days thereafter; or
18.1.9 The leasehold interest is levied on under execution.
19. Rights on Default.
19.1 Rights on Default:
In the event of any default by Tenant as provided herein, City shall have
the option to do any of the following, in addition to and not in limitation of,
any other remedy permitted yaw 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 i naji, without f u ti Ver notiie, and without jir eji.idicc
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 or,any
claim for damages therefore, and Tenant agrees to indemnify and
hold harmless the City for all loss and damage which the City may
suffer by reasons of such .Agreer-�ent termination, whether through
inability to re-let the Demised Premises, or otherwise.
19.1.2 Declare the entire amount of the Base Rent which would become
due and payable during the remainder of' the term of this
Agreement to be due and payable immediately, in which event
Tenant agrees to pay the same at once, together with all rents
therefore due, at the address of the City, as provided in the Notices
section of this Agreement; provided, however, that such payment
shall not.constitute a penalty, forfeiture, or liquidated damage, but
shall merely constitute payment in advance of the rents for the
remainder of said term and such payment shall be considered,
construed and taken to be a debt provable in bankruptcy or
receivership.
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19.1.3 Enter the Demised Premises as the agent of Tenant, by force if
necessary, without being liable to prosecution or any claim for
damages therefore; remove Tenant's property there from; and re-let
the Demised Premises, or portions thereof, for such terms and
upon such conditions which the City deems, in its sole discretion,
desirable, and to receive the rents therefore, and Tenant shall pay
the City any deficiency that may arise by reason of such re-letting,
on demand at any time and from time to time at the office of the
City; and for the purpose of re-letting, the City may (i) make any
repairs, changes, alterations or additions in or to said Demised
Premises that may be necessary or convenient; (ii) pay all costs
and expenses therefore from rents resulting from re-letting; and (iii)
Tenant shall pay the City any deficiency as aforesaid.
19.1.4 Take possession of any. personal property owned by Tenant on
Said Demised Premises and Sell the same at . UllC or . 110M'J Sairc,
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
ida-frorrrt-he-date-when-theame-was ayal�le- y
hereof, until the same shall be paid by Tenant. Any failure on the
City's behalf to enforce this Sections a not constitute a waiver of
this provision with respect to future accruals of past due rent. No
int-rest will be charged ;or payments rnaude 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 for the amount thereof. All sums of
money payable by Tenant to the City hereunder shall be deemed
as ren it 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 under this Agreement shall be cumulative but
not restrictive to those given by law and failure on the part of the
City to exercise promptly any rights given hereunder shall not
operate to waive or to forfeit any of the said rights.
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19.2 Default by City:
The failure of the City to perform any of the covenants, conditions and
agreements of this Agreement which are to be performed by the City and
the continuance of such failure for a period of thirty (30) days after notice
thereof in writing from Tenant to the City (which notice shall specify the
respects in which Tenant contends that the City failed to perform any such
covenant, conditions and agreements) shall constitute a default by the
City, unless such default is one which cannot be cured within thirty (30)
days because of circumstances beyond the City's control, and the City
within such thirty (30) day period shall have commenced and thereafter
shall continue diligently to prosecute all actions necessary to cure such
defaults.
However, in the event the City fails to perform within the initial thirty (30)
day period provided above, and such failure to perform prevents Tenant
from operating its business in a customary manner and causes an undue
hardship for Tenant, then juch iailu c tv perform (regard!ess of
circumstances beyond its control) as indicated above, shall constitute a
default by the City.
19.3 Tenant's Rights on Default:
If an event of the City's default shall occur, Tenant, to the fullest extent
permitted by law, shall have the right to pursue any and all remedies
available at law or in equity, including the right to sue for and collect
damages, including reasonable attorney tees and costs, to terminate this
Agreement; provided however, that Tenant expressly acknowledges and
agrees that any recovery by Tenant shall be limited to the amount set forth
in Section 32 of this Agreement.
20. Indemnity Against Costs and Charges.
20.1 Tenant shall be liable to the City for all costs and charges, expenses,
reasonable 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 s"a!! ccnsti#;.:#e a lien against the intQrest of the Tenant and the
Demised Premises and all of Tenant's property situated thereon to the
same extent and on the same conditions as delinquent rent would
constitute a lien on said premises and property.
20.2 if Tenant shall at any time be in default hereunder, and if the City shall
deem it necessary to engage an attorney to enforce the City's rights and
Tenant's obligations hereunder, Tenant will reimburse the City for the
reasonable expenses incurred thereby, including, but not limited to, court
costs and reasonable 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.
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21. Indemnification Against Claims.
21.1 The City shall indemnify and hold harmless the Tenant from any liability
losses or damages which Tenant may incur as a result of claims,
demands, suits, causes of actions or proceedings of any kind or nature
arising out of, relating to or resulting from the negligence of the City or its
employees, agents, principals or subcontractors, to the extent and within
the limitations of Section 768.28, Florida Statutes, subject to the
provisions of that Statute whereby the City shall not be held liable to pay a
personal injury'or property damage claim or judgment by any one person
which exceeds the sum of $100,000.00, or any claim or judgments or
portions thereof, which, when totaled with all other occurrences, exceeds
the sum of $200,000.00 from any and all personal injury or property
damage claims, liabilities, losses or causes of action.
21.2 Tenant does hereby agree to indemnify and hold harmless the City to the
extent and within the limitations of Section 763.28, Florida Statutes,
subject to the provisions of that Statute whereby the Tenant shall not be
held liable to pay a personal injury or prcperty damage claim or judgment
by and% one person which exceeds the sure of $100;000, or any claim or
judgments or portions thereof, which, when totaled with all other
occurrence, exceeds the sum of$200,000 from any and all personal injury
or property damage claims, liabilities, losses or causes of action which
may arise solely as a result of the negligence of the Tenant.
22. Signs and Advertising.-
Without the prior written consent of the City Manager, which consent, if given at
all, shall be at the City Manager's sole and absolute discretion, Tenant shall not
permit "he painting and display of any signs, plaques, icttering ar adver ti;ing
p p 0 p
material of any kind on or near the Demised Premises. All additional signage
shall comply with signage standards established by she City and comply
with all
applicable building codes, a nd any other municipal, County, State and Federal
laws.
23. Effect of Conveyance.
The terra "City" andror "Landlord" as pled in the Agreement means only the
owner for the time being of the land and building containing the Demised
Premises, so that in the event of any sale of said land and building, or in the
event of a lease of said building, the City shall be and 'hereby is entirely freed and
relieved of all covenants and obligations of the City hereunder, and it shall be
deemed and construed without further agreement between the parties, or
between the parties and the purchaser at such sale, or the lease of this building,
that the purchaser or Tenant has assumed and agreed to carry out all covenants
and obligations of the City hereunder.
24. Damage to the Demised Premises.
24.1 If the Demised Premises shall be damaged by the elements or other
casualty not due to Tenant's negligence, or by fire, but are not thereby
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rendered untenantable, as determined by the City Manager, in his sole
discretion, in whole or in part, and such damage is covered by the City's
insurance, if any, (hereinafter referred to as "such occurrence"), the City,
shall, as soon as possible after such occurrence, utilize the insurance
proceeds to cause such damage to be repaired and the Rent shall not be
abated. If by reason of such occurrence, the Demised Premises shall be
rendered untenantable, as determined by
the City Manager, in his sole discretion, only in part, the City shall as soon
as possible utilize the insurance proceeds to cause the damage to be
repaired, and the Base 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 faith estimate of the
time required to render the Demised Premises tenantable and if such time
exceeds sixty (60) days, either party shall have the option of canceling this
Agreement.
24.2 If the Demised Premises shall be rendered wholly untenantable by reason
of such occurrence, the City shall have the option, but not the obligation,
in its sole discs°t9�r;, tC Utilize the insurance proceeds to caUSP Such
damage to be repaired and the Rent meanwhile shall be abated. However,
the City shall have the right, to be exercised by notice in writing delivered
to Tenant within sixty (60) days from and after said occurrence, to elect
not to reconstruct the destroyed Demised Premises, and in such event,
this Agreement and the tenancy hereby created shall cease as o e 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 (3u) days from Bind after said occurrence, to e�elil lU ��I mir'nlle
this Agreement, the Rent to be adjusted accordingly.
24.3 Notwithstanding any clause contained in this Section 24, if the damage is
not covered by the City's insurance, then the City shall have no obligation
to repair the damage, but the City shall advise Tenant in writing within
thirty (30) days of the occurrence giving rise to the damage and of its
d2i13io i i vt tv r epair, and the Tenant ;�1ay, at any time thereaft-r, 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. 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
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as a waiver or relinquishment for the future of any such conditions,
covenants, terms, provisions or options but the same shall continue and
remain in full force and effect.
26.2 A waiver of any term expressed herein shall not be implied by any neglect
of the City to declare a forfeiture on account of the violation of such term if
such violation by continued or repeated subsequently and any express
waiver shall not affect any term other than the one specified in such
waiver and that one only for the time and in the manner specifically stated.
26.3 The receipt of any sum paid by Tenant to the City after breach of any
condition, covenant, term or provision herein contained shall not be
deemed a waiver of such breach, but shall be taken, considered and
construed as payment for use and occupation, and not as Rent, unless
such breach be expressly waived in writing by the City.
27. i�IoU UO.
The addresses for all notices required under this Agreement shall be as follows,
W at such other address as ether pa:-t�' shall be in v.'riting, note j!the other:
LANDLORD: City Manager
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
With copy to: Asset Manager
City of Miami Beach
1700 Convention Center Drive
Iviiai Iii Beach, Florida- .5J i JJ
TENANT: Commissioner Bruno Barreiro
Miami-Dade County
1700 Convention Center Drive
Miami Beach, Florida 33139
With copy to: Commissioner Bruno Barreiro
Miami-Dade County
111 N.W. 1St Street, Suite 220
Miami, Florida 33128
Miami-Dade County
Internal Services Department
Real Estate Development Division
111 N.W. 1 st Street, Suite 2460
Miami, Florida 33128
All notices shall be hand delivered and a receipt requested, or by certified mail
with Return receipt requested, and shall be effective upon receipt.
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28. Entire and Binding Agreement.
This Agreement contains all of the agreements between the parties hereto, and it
may not be modified in any manner other than by agreement in writing signed by
all the parties hereto or their successors in interest. The terms, covenants and
conditions contained herein shall inure to the benefit of and be binding upon the
City and Tenant and their respective successors and assigns, except as may be
otherwise expressly provided in this Agreement.
29. Provisions Severable.
If any term or provision of this Agreement or the application thereof to any person
or circumstance shall, to any extent, be invalid or unenforceable, the remainder
of this Agreement, or the application of such term or provision to persons or
circumstances other than those as to which it is held invalid or unenforceable,
shall not be affected thereby and each term and provision of this Agreement shall
be valid and be enforced to the fullest extent permitted by law.
30. Captions.
The captions contained herein are for the convenience and reference only and
shall not be deemed a part of this Agreement or construed as in any manner
limiting or amplifying the terms and provisions of this Agreement to which they
relate.
31. Number and Gender.
Whenever used herein, the singular number shall include the plural and the plural
same ud-e the-singular, and the use of one gender s-hatt-include all ge-nde
32. Limitation of Liability.
The City desires to enter into this Agreement only if in so doing the City can
place a iir nit of the City's liabiiity foi any C.ausc of aviion f o, ri�o ey uamages due
to an alleged breach by the City of this Agreement, so that its liability for any
such breach never exceeds the sure of Five Thousand ($5,000.00) 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 $5,000.00. Accordingly, and notwithstanding
any other term or condition of this Agreement, Tenant hereby agrees that the City
shall not be liable to Tenant for darnage in an amount in excess of $5,000.00 for
any action or claim for breach of contract arising out of the performance or non-
performance of any obligations imposed upon the City by this Agreement.
Nothing contained in this Section or elsewhere in this Agreement is in any way
intended to be a waiver of the limitation placed upon the City's liability as set forth
in Florida Statutes, Section 768.28.
33. Surrender of the Demised Premises.
Tenant shall, on or before the last day of the Term herein demised, or the sooner
termination thereof, peaceably and quietly leave, surrender and yield upon to the
City the Demised Premises, together with any and all equipment, fixtures,
furnishings, appliances or other personal property, if any, located at or on the
Demised Premises and used by Tenant in the maintenance, management or
operation of the Demised Premises, excluding any trade fixtures or personal
15
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property, if any, which can be removed without material injury to the Demised
Premises, free of all liens, claims and encumbrances and rights of others or
broom-clean, together with all structural changes, alterations, additions, and
improvements which may have been made upon the Demised Premises, in good
order, condition and repair, reasonable wear and tear excepted, subject,
however, to the subsequent provisions of this Section. Any property which
pursuant to the provisions of this Section is removable by Tenant on or at the
Demised Premises upon the termination of this Agreement and is not so
removed may, at the option of the City, be deemed abandoned by Tenant, and
either may be retained by the City as its property or may be removed and
disposed of at the sole cost of the Tenant in such manner as the City may see fit.
If the Demised Premises and personal property, if any, be not surrendered at the
end of the Term as provided in this Section, Tenant shall make good the City all
damages which the City shall suffer by reason thereof, and shall indemnify and
hold harmless the City against all claims made by any succeeding tenant or
purchaser, so far as such delay is occasioned by the failure of Tenant to
Suiiendei ihe'' �"'ern�sF.d Pra..amisays as a nd 1°hen haaire��1 teq1�:rA�.
34. Time is of the Essence.
Time is of the essence in every particular and particularly where the obligation to
pay money is involved.
35. Venue:
This Agreement shall be deemed to have been made and shall be construed and
interpreted in accord ance with the laws of the State o -Flo rida. This greem �t --
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 Mliami-Dade County, Florida.
CITY AND TENANT HEREBY KNOWINGLY AND INTENTIONALLY WAIVE
THE RIGHT TO TRIAL BY JURY IN ANY AC I IuN 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. Leveis of Radon that exceed Federal and State
guidelines have been found in buildings in Florida. Additional information
regarding Radon and Radon testing may be obtained from your County Public
Health Unit.
37. No Dangerous Materials.
Tenant agrees not to use or permit in the Demised Premises the storage and/or
use of'gasolin e, 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
16
insurance companies in the State of Florida. Any such substances or materials
found within the Demised Premises shall be immediately removed.
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
Rafael Granado, CITY Rlk = atti Herrera Bower, MAYOR
:INCORP ORATED:
�•' • •Cry
Witness: � •'••••.......• I-DADS COUNTY FLORIDA
26
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city Atom® /' Date
F:\RHCD\$ALL\ECON\$ALL\ASSET\777-17th Street\Rep Richardson&Comm Barreiro\Barreiro Lease Agreement FINAL.docx
Approved by the County Attorney
as to form and legal sufficiency:
17
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EXHIBIT 1
Demised Premises
412 SQFT
OFFICE PLAN
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FOURTH FLOOR PLAN
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EXHIBIT 10
Tenant's Insurance
Internal Services
Risk Management Division
111 NW 1 st Street c Suite 2340
MIAMI-DA®E Miami,Florida 33128
•
miamidade.gov
October 3,2013
City of Miami Beach
1700 Convention Center Drive,3rd Floor
N'llam Beach,Rollo 33139
RE: Commissioner Bruno Barreiro District Office Lease
Location: Miami Beach Convention Center,1700 Convention Center Drive
To Whom it May Concern:
This is to inform you that Miami-Dade County has. an on-going self-insurance program for
Worker's Compensation, General Liability; and Automobile Liability ccvenng employees and
officials of the County.
Since the County does not carry insurance with an insurance company,we cannot provide you
with a Certificate of Insurance.
However, in compliance with and subject to the limitations of Florida Statutes, Section 768.28.
provisions have been made in this office to process any clai��is that may arise and the same
protection will be afforded as would be provided by a policy of insurance.
Sincerely,
Barbara Dunlop,ARM
Risk Management,Property and Casualty Manager
BD/cp
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