Real Estate Sales Contract with Lottie Apartments, LLC REAL ESTATE SALES CONTRACT
THIS REAL ESTATE SALES CONTRACT (hereinafter referred to as the
"Agreement"), is dated this 3rd day of December, 2014, and is entered into by and
between the City of Miami Beach, Florida, a municipal corporation organized and
existing under the laws of the State of Florida, whose address is 1700 Convention
Center Drive, Miami Beach, Florida, 33139 ("Buyer" or "City"), and MBCDC: Lottie
Apartments, LLC;;,a Florida limited liability company, whose sole manager and member
is Miami Beach \Community Development Corporation, Inc., a Florida nonprofit
corporation, whose address is 945 Pennsylvania Avenue, Miami Beach, Florida, 33139
("Seller").
1. DESCRIPTION OF PROPERTY:
Seller agrees to sell and Buyer agrees to purchase, under the terms and
conditions set forth in this Agreement, all right, title and interest of Seller in and to
the following:
A. the certain real property, located at 530 75th Street, Miami Beach, Florida,
known as Lottie Apartments, together with any and all easements,
covenants and other rights appurtenant to such parcel and owned by
Seller, and which property is more particularly described in Exhibit "A",
attached hereto and incorporated herein (hereinafter referred to as the
"Property");
B. all improvements on the Property including, without limitation, (i) the
buildings themselves and all appurtenances thereto, and all materials,
furniture, furnishings, fixtures, equipment, and other tangible personal
property of every kind and character owned by Seller that is affixed to
and/or located at/on the Property, as well as (ii) all materials, furniture,
furnishings, fixtures, and equipment that have been ordered and/or
purchased by Seller, as of the Effective Date, for the Property, but that
may not necessarily have been installed on the Property as of the Closing
Date (collectively (i) and (ii) are referred to as the "Personal Property");
C. all intangible property (if any and to the extent assignable) 'owned or held
by Seller in connection with the Property (including the Personal Property)
and including, without limitation, (i) any and all transferable licenses,
permits, certificates of occupancy, and other approvals in effect at the
Closing Date and necessary for the current use and operation of the
Property or the Personal Property; (ii) any and all architectural or
engineering drawings, plans and specifications, or other documents
(hereinafter collectively referred to as the "Plans and Specifications"); (iii)
any and all transferable warranties, tests and studies; and (iv) any and all
development rights that exist and are in Seller's possession, as of the
Closing Date, and relate to the Property or Personal Property (collectively
"Intangible Property").
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2. PURCHASE PRICE:
The total purchase price of the Property is ten and 0/100 dollars ($10.00), which
City and Seller hereby deem to be good, valuable, and sufficient consideration
for such purchase, and is subject to adjustments and prorations as provided for
in this Agreement.
3. ACCEPTANCE:
Until such time as this Agreement has been fully executed by Buyer and Seller,
this Agreement shall not be binding. If this Agreement is not executed by all
parties by 5:00 PM on December 5, 2014, the Agreement shall be null and void.
4. FACSIMILE; EFFECTIVE DATE:
Facsimile copies of this Agreement, signed and initialed in counterpart, shall be
considered for all purposes, including delivery, as originals. The Effective Date of
this Agreement will be (a) the date when the last one of Buyer and Seller has
signed this offer, or (b) if changes in this offer (after signature) have been made
and initialed by the parties, the date when the last one of or Seller has
initialed those changes.
5. INSPECTIONS AND CONDITION OF PROPERTY:
A. Buyer herein acknowledges and agrees to complete its due diligence
inspection of the Property twenty-four (24) hours prior to the Closing Date
(defined below) (the "Inspection Period").
B. During the Inspection Period, Buyer may conduct such analyses,
inspections, tests, and other studies, at Buyer's sole expense, and as
-Buyer may deem necessary, to ascertain the condition of the Property;
provided, however, (i) Buyer agrees to provide Seller with at least twenty-
four (24) hours' prior notice (which notice may be oral or written) of its
intent to inspect, test, survey or study, and (ii) upon Seller's request, Buyer
shall be accompanied by a representative of Seller. Notwithstanding the
foregoing, Buyer shall not perform any invasive testing without the prior
written consent of Seller. Buyer shall, upon its receipt thereof, promptly
deliver to Seller copies of all such audits and assessments obtained by
Buyer.
C. During Buyer's inspection of the Property, Buyer shall (i) not disturb or
interfere with the use of the Property by Seller; and (ii) not damage or
affect the physical structure of the Property. Buyer shall be responsible
for any and all losses, damages, charges and other costs associated with
such inspections and studies, and Buyer covenants and agrees to return
the Property to the same condition as existed prior to such. inspections
and studies. Buyer agrees not to allow any liens to arise against the
Property as a result of such inspections and studies and agrees, to the
extent and subject to the limitations in Section 768.28, Florida Statutes, to
indemnify and hold Seller harmless from and against any and all claims,
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charges, actions, costs, suits, damages, injuries, or other liabilities which
arise, either directly or indirectly, from Buyer's or its agents' or employees'
entry onto the Property prior to Closing. The indemnification obligation of
Buyer under this Section shall survive Closing or any earlier termination of
this Agreement.
D. Buyer agrees to accept the Property at Closing in its then present
condition, "AS IS, WITH ALL FAULTS, AND WITHOUT ANY
WARRANTY WHATSOEVER, EXPRESS OR IMPLIED."
Notwithstanding anything contained herein to the contrary, it is
understood and agreed that Seller, Seller's sole manager and
member, Miami Beach Community Development Corporation, Inc., a
Florida nonprofit corporation ("MBCDC"), their respective agents,
employees, officers, directors, partners, controlling persons and
affiliates and their successors and assigns (collectively; "Seller
Parties") have not made and are not now making, and they
specifically disclaim; any warranties, representations or guaranties
of any kind or character, express or implied, oral or written, past,
present or future, with respect to the Property, including, but not
limited to, warranties, representations, or guaranties as to
environmental matters of any kind relating to the Property, the
improvements or any portion thereof (including the condition of the
soil or groundwater beneath the Property); code or other
governmental authority violations, open permits, delinquent liens,
geological conditions, including, without limitation, subsidence,
subsurface conditions, water table, underground water reservoirs,
limitations regarding the withdrawal of water and earthquake faults
and the resulting damage of past and/or future earthquakes;
whether, and to the extent to which the Property or any portion
thereof is affected by any stream (surface or underground), body of
water, flood prone area, flood plain, floodway or special flood hazard,
drainage, soil conditions, including the existence of instability, past
soil repairs, soil additions or conditions of soil fill, or susceptibility
to landslides, or the sufficiency of any under shoring; zoning to
which the Property or any portion thereof may be subject; the
availability of any utilities to the Property or any portion thereof
including, without limitation, water, sewage, gas, and electric;
usages of adjoining property; access to the Property or any portion
thereof, the value, compliance with plans and specifications, size
location, age, use, design, quality,' description, suitability, structural
integrity, operation, or physical or financial condition of the Property
or any portion thereof, the presence of Hazardous Substances
(defined below) in or on, under or in the vkinity of the Property; the
condition or use of the Property or compliance of the Property with,
any or all past, present or future federal, state or local ordinances, .
rules, regulations, or laws, building, fire, or zoning ordinances,
codes, or other similar laws; the existence or non-existence of
underground storage tanks; any other matter affecting the stability
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or structural integrity of the Property; the potential for further
development of the Property; the existence of vested land use,
zoning or building entitlements affecting the Property; the manner or
quality of the construction or materials incorporated into any part of
the Property; the manner, quality, state of repair, or lack of repair of
the Property; the merchantability of the Property or fitness of the
Property for any particular purpose (Buyer affirming that Buyer has
not relied on Seller Parties° skill or judgment to select or furnish the
Property for any particular purpose, and that Seller Parties do not
make any warranty that the Property is fit for any particular purpose);
and any tax consequences. EXCEPT AS IS EXPRESSLY PROVIDED
IN THIS AGREEMENT, SELLER PARTIES MAKE NO
REPRESENTATIONS OR WARRANTIES OF ANY KIND TO BUYER,
INCLUDING, WITHOUT LIMITATION, THE PHYSICAL CONDITION OF
THE PROPERTY AND ANY IMPROVEMENTS LOCATED THEREON,
OR THEIR SUITABILITY FOR ANY PARTICULAR PURPOSE OR OF
MERCHANTABILITY. BUYER SHALL RELY ON ITS OWN
INVESTIGATIONS OF THE PROPERTY IN DETERMINING TO ACCEPT
IT. THE PROVISIONS OF THIS SECTION ARE A MATERIAL PART OF
THE CONSIDERATION FOR SELLER TO ENTER INTO THIS
AGREEMENT AND SHALL SURVIVE THE CLOSING.
E. Buyer, on behalf of itself and its agents, employees, officers, directors,
partners, controlling persons and affiliates and their successors and
assigns (collectively, "Buyer Parties"), hereby release Seller Parties from
any and all liability, responsibility, or claims arising out of or related to the
presence, including in the soil, air, structures, and surface and subsurface
waters, of Hazardous Substances. Without limitation, Buyer Parties
hereby specifically release Seller Parties from and against any claims they
may have against Seller now or in the future under any Environmental
Law (defined below). The provisions of this Section shall survive the
Closing. For purposes hereof, (i) "Hazardous Substances" means any
and all pollutants, contaminants, toxic or hazardous wastes or any other
substances that might pose a hazard to health or safety, the removal of
which may be required or the generation, manufacture, refining,
production, processing, treatment, storage, handling, transportation,
transfer, use, disposal, release, discharge, spillage, seepage, or filtration
of which is or shall be restricted, prohibited, or penalized under any
Environmental Law (including, without limitation, lead paint, asbestos,
urea formaldehyde foam insulation, petroleum, petroleum products, oils,
diesel fuels, and polychlorinated biphenyls); and (ii) "Environmental Law"
means any law, ordinance, rule, regulation, order, judgment, injunction, or
decree relating to pollution or substances or materials which are
considered to be hazardous or toxic, including, without limitation, the
Resource Conservation and Recovery Act, the Comprehensive
Environmental Response, Compensation and Liability Act, the Hazardous
Materials Transportation Act, the Clean Water Act, the Toxic Substances
Control Act, the Emergency Planning and Community Right to Know Act,
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any state and local environmental law, all amendments and supplements
to any of the foregoing, and all regulations and publications promulgated
or issued pursuant thereto.
6. BUYER'S RIGHT OF CANCELLATION DURING INSPECTION PERIOD:
Buyer shall have the right, in its sole discretion, for any or no reason, to terminate
this Agreement by delivering written notice to Seller on or before 5:00 PM on
January 14, 2015, in which case this Agreement shall be terminated, and the
parties shall be released of all obligations hereunder.
7. CLOSING:
A. The closing for delivery of the deed and payment of the Purchase Price
shall take place at the office of Buyer's attorney, who shall be the closing
agent, or at such other place as the parties may mutually agree upon, on
or before January 15, 2015, or such other date as the parties may
mutually agree upon ("Closing Date").
B. Possession of the Property shall be transferred by Seller to Buyer
simultaneously with the closing of title.
8. FINANCING:
This is an all cash transaction.
9. REPRESENTATIONS AND WARRANTIES:
A. Seller represents and warrants to Buyer that:
(i) As of the Effective Date, the person executing this Agreement on
behalf of Seller is duly authorized to do so, that Seller has full right
and authority to enter into this Agreement, and this Agreement
constitutes a valid and legally binding obligation of Seller,
enforceable against Seller in accordance with its terms;
(ii) Seller is a limited liability company organized and existing under the
laws of the State of Florida, validly existing and in good standing,
and authorized to do business within the State of Florida. Seller
represents and warrants to Buyer that its sole manager and
member is MBCDC, and that MBCDC shall remain as the sole
• manager and member of Seller from the Effective Date and through
and including the Closing Date;
(iii) Seller has good, marketable and insurable fee simple title to the
Property;
(iv) Within the past ninety (90) days, there have been no
improvements, alterations or repairs to the Property;
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(v) There are no mechanic's, materialman's, or laborer's liens against
the Property;
(vi) The Personal Property which is being sold to the Buyer is also free
and clear of all liens, encumbrances, claims and demands
whatsoever;
(vii) Seller has not received written notice of any violations of any
Federal, State, County or City statutes, laws, ordinances or
regulations with respect to the Property;
(viii) Seller is not the subject to any bankruptcy, creditor's reorganization
or insolvency proceeding, and none are pending, contemplated or
threatened;
(ix) Seller has possession of the Property and there is no other person
or entity in possession, nor who has any right in or to the Property;
(x) There are no unrecorded easements, liens, or assessments against
the Property;
(xi) There are no existing contracts for sale, options to purchase, or
unrecorded deeds or mortgages existing against the Property;
(xii) There are no actions, suits, claims, condemnation proceedings, or
other matters pending or threatened against Seller that could affect
Seller's ability to perform its obligations under this Agreement. In
particular, to Seller's actual knowledge, there are no judgments or
decrees which have been entered in any court of this State or of the
United States against Seller and which remain unsatisfied, and that
Seller has no present plans to file proceedings under the
bankruptcy laws, nor are there any other claims of any kind filed or
fileable that would adversely affect the title to the Property;
(xiii) Subsequent to the Closing Date, Seller agrees not to execute any
instrument, or do any act whatsoever, that in any way would or may
affect the title to the . Property including, but not limited to,
mortgaging or conveying the Property, or any interest therein, or
causing any liens to be recorded against the Property;
(xiv) There are no payments for work and/or improvements to the
Property which are unpaid or will become due or owing at Closing;
(xv) A true and accurate copy of the tenant leases encumbering the
Property (Tenant Leases) are set forth in Exhibit "B", attached
hereto and incorporated herein by reference;
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(xvi) The total amount of deposits, paid by tenants in connection with the
Tenant Leases, and reserves, if any, for the Property, are set forth
in Exhibit "B", attached hereto and incorporated herein by
reference;
(xvii) All Funding Agreements which Seller has executed in connection
with the Property are set forth in Exhibit "C", attached hereto and
incorporated herein by reference; and
(xviii) All management and operation agreements (Management and
Operation Agreements) in effect, including, without limitation,
management agreements, service agreements, and other like
agreements, are set forth in Exhibit "D", attached hereto and
incorporated herein by reference.
B. Buyer represents and warrants to Seller that:
(i) Each of the persons executing this Agreement on behalf of Buyer is
duly authorized to do so. Buyer has full right and authority to enter
into this Agreement and to complete the transaction contemplated
herein and this Agreement constitutes a valid and legally binding
obligation of Buyer, enforceable against Buyer in accordance with
its terms;
(ii) There are no actions, suits, claims or other matters pending, or, to
the Buyer's best knowledge and belief, or threatened against Buyer
that could affect Buyer's ability to perform its obligations under this
Agreement; and
(iii) Buyer has sufficient funds and worthy credit available to
consummate the Closing of the transaction described in this
Agreement.
10. CONDITION OF PROPERTY AT CLOSING:
Seller shall be obligated to maintain the Property in the same condition as of the
Effective Date, reasonable wear and tear excepted.
11. CONDITIONS PRECEDENT TO CLOSING:
A. The obligations of Buyer hereunder to consummate the transaction
contemplated hereunder shall in all respects be conditioned upon the
satisfaction of each of the following conditions prior to or simultaneously
with the Closing, any of which may be waived by Buyer at or prior to the
Closing Date:
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(i) Seller shall have performed, in all material respects, all covenants,
agreements and undertakings of Seller contained in this
Agreement.
(ii) Seller shall have executed and delivered to Buyer all of the
documents required of Buyer under this Agreement.
(iii) All representations and warranties of Seller as set forth in this
Agreement shall be true and correct, in all material respects, as of
the date of this Agreement and as of Closing.
In the event any of the conditions in this Section 11(A) have not been
satisfied (or otherwise waived in writing by Buyer) prior to or on the
Closing Date (as same may be extended or postponed as provided in this
Agreement), Buyer shall have the right to terminate this Agreement by
written notice to Seller given prior to the Closing, whereupon except for
those provisions of this Agreement which by their express terms survive
the termination of this Agreement, no party hereto shall have any other or
further rights or obligations under this Agreement.
B. The obligations of Seller hereunder to consummate the transaction
contemplated hereunder shall in all respects be conditioned upon the
satisfaction of each of the following conditions prior to or simultaneously
with the Closing, any of which may be waived by Seller at or prior to the
Closing Date:
(I) Buyer shall have performed, in all material respects, all covenants,
agreements and undertakings of Buyer contained in this
Agreement.
(ii) Buyer shall have executed and delivered to Seller all of the
documents required of Buyer under this Agreement
(iii) All representations and warranties of Buyer as set forth in this
Agreement shall be true and correct, in all material respects, as of
the date of this Agreement and as of Closing.
C. In the event any of the conditions in this Section 11(B) have not been
satisfied (or are otherwise waived in writing by Seller) prior to or on the
Closing Date (as same may be extended or postponed as provided in this
Agreement), Seller shall have the right to terminate this Agreement by
written notice to Buyer given prior to the Closing, whereupon, except for
those provisions of this Agreement which by their express terms survive
the termination of this Agreement, no party hereto shall have any other or
further rights or obligations under this Agreement.
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12. CLOSING; DELIVERIES AT CLOSING:
The closing of the transaction contemplated in this Agreement ("Closing") shall
take place on the date set forth in Paragraph 7 of this Agreement.
A. In addition to any other documents required to be delivered by Seller
under this Agreement, at, or prior to, the time of Closing, Seller shall
deliver to Buyer the following items in form and substance reasonably
acceptable to Buyer:
(i) Special Warranty Deed ("Deed");
(ii) A Bill of Sale with respect to the Personal Property;
(iii) A General Assignment with respect to the Intangible Property (the
"General Assignment");
(iv) A Seller's Title Affidavit in the form reasonably required by the Title
Company and any other documents which may be reasonably
required by the title company to provide marketable title;
(v) Such documentation as may reasonably be required by the Title
Company to establish that this Agreement, the transactions
contemplated herein, and the execution and delivery of the
documents required hereunder, are duly authorized, executed and
delivered by Seller;
(vi) An Assignment of all leases encumbering the Property (attached
and incorporated as Exhibit "B");
(vii) At Buyer's option, an Assignment or Termination Agreement with
respect to any Management and Operation Agreements in effect;
(viii) An accounting of all tenant deposits and reserve funds, which
Seller currently holds in connection with the Property.
B. In addition to any other documents required to be delivered by Buyer
under this Agreement, at the time of closing, Buyer shall deliver or cause
to be delivered to Seller the following items in form and substance
reasonably acceptable to Seller:
(i) The Purchase Price and such other funds necessary to pay all
Closing and other costs and adjustments to be paid by Buyer under
this Agreement;
(ii) A counterpart of the General Assignment; and
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(iii) Such documentation as may reasonably be required by the Title
Company to establish that this Agreement, the transactions
contemplated herein, and the execution and delivery of the
documents required hereunder, are duly authorized, executed and
delivered by Buyer.
C. Each party agrees to execute and deliver at Closing, a settlement
statement setting forth the charges, adjustments and credits to each party
and to execute and deliver such other documents and take such actions
as either party or the closing agent might reasonably request to
consummate the transaction herein contemplated.
13. RISK OF LOSS:
A. Risk of loss prior to Closing shall be borne by Seller.
B. Casualty and Condemnation. In the event that all or any substantial
portion of the Property is damaged by casualty or condemned or taken by
eminent domain prior to Closing, Buyer may, at its option, either: (i)
terminate this Agreement by written notice thereof to Seller within five (5)
days after Seller notifies Buyer of the casualty or condemnation or (ii)
proceed to close the transaction contemplated herein pursuant to the
terms hereof, in which event Seller shall deliver to Buyer at the Closing
any proceeds actually received by Seller attributable to the Property from
such casualty or condemnation or eminent domain proceeding, net of any
costs associated with collecting such casualty proceeds or costs
associated with such condemnation or eminent domain proceeding, or an
assignment of Seller's rights to the casualty proceeds or Seller's rights
against the condemning authority, and there shall be no reduction in the
purchase price. In the event Buyer fails to timely deliver written notice of
termination as described in (i) above, Buyer shall be deemed to have
elected to proceed in accordance with (ii) above.
14. EXPENSES OF CLOSING:
A. Seller shall pay the following costs incurred in this sale:
(i) Seller's attorney's fees and costs.
B. Buyer shall pay the following costs incurred in this sale:
(i) Buyer's attorney's fees and costs;
(ii) the costs of recording the deed of conveyance;
(iii) the cost of a certified survey (if Buyer so requires) certified to the
benefit of the Buyer and the Title Insurer;
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(iv) any documentary stamp or transfer taxes, including surtax,
imposed in connection with the sale of the Property;
(v) all Title Insurance Premiums; and
(vi) the cost of recording any releases or corrective title instruments.
15. SPECIAL ASSESSMENTS; PRORATIONS AND CREDITS:
A. Special Assessment Liens.
Certified, confirmed, and ratified special assessment liens as of the
Closing Date (and not as of the Effective Date) are to be paid by Seller.
Pending liens as of the Closing Date will be assumed by Buyer; provided,
however, that when the improvement resulting in the assessment has
been substantially completed as of the Effective Date, the pending lien will
be considered as certified, confirmed, or ratified and Seller will at Closing
be charged an amount equal to the last estimate by the public body, of the
assessment for the improvement.
B. Prorations:
Current ad valorem real estate taxes, based on the latest tax bill then
available; personal property taxes, rents (if any), maintenance fees and
other similar customarily proratable items shall be prorated, without
discount, as of the Closing Date, with Buyer being responsible for and
being credited with those on the day of Closing. All current year's ad
valorem real property taxes and all personal property taxes shall be paid
by Seller prior to the Closing Date. The provisions of this Paragraph are
intended to survive Closing.
C. Credits:
At Closing, Seller shall provide Buyer with a credit for all tenant deposits
and reserve funds, which Seller currently holds in connection with the
Property.
16. EVIDENCE OF TITLE:
Buyer shall pay all costs for a title update and title policy. Buyer shall obtain,
through its closing agent, at Buyer's sole cost and expense, a commitment for an
owner's title insurance policy (hereinafter referred to as the "Commitment")
written on a nationally recognized title insurance company which is authorized
and registered to issue title insurance in the State of Florida (the "Title
Company") evidencing that Seller is vested with fee simple, good and marketable
title to the Property, free and clear of all liens, encumbrances, exceptions, or
• qualifications whatsoever save and except for (a) those exceptions specified as
"Permitted Exceptions" and (b) those exceptions to title which are to be
discharged by Seller at or before the closing thereof. Buyer shall promptly deliver
a copy of the Commitment to Seller. Legible copies of all exceptions set forth on
the Commitment shall be attached to it. The Commitment shall also evidence that
upon the execution, delivery and recordation of the Deed to be delivered
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pursuant to the provisions of this Agreement and the satisfaction of all
requirements specified in the Commitment, Buyer shall acquire fee simple, good
and marketable title to the Property, subject only to the Permitted Exceptions.
Seller shall comply with all reasonable requirements set forth in Buyer's title
commitment applicable to Seller (including delivery of a "gap" affidavit in addition
to the other documents described in the Commitment) and Buyer shall comply
with all requirements set forth in the Commitment applicable to Buyer. If Buyer or
its attorneys shall determine the Commitment does not meet the requirements
specified above, or that the title to the Property is unmarketable for reasons other
than the existence of a Permitted Exception or Exceptions which are to be
discharged by Seller at or before the closing hereof, the Buyer shall notify Seller
of that fact in writing within 24 hours of the Closing Date. Such written notice
shall specify those liens, encumbrances, exceptions or qualifications to title which
are not (i) Permitted Exceptions; (ii) contemplated by this Contract to be
discharged by Seller at or before closing; or (iii) reasonably acceptable to Buyer
despite not being either Permitted Exceptions or dischargeable at closing; any
such liens, encumbrances, exceptions, or qualifications being hereinafter referred
to as "Title Defects."
Seller, without any obligation on its part to bring lawsuits or expend more than
$100.00 shall have thirty (30) days following their receipt of written notice of the
existence of Title Defects in which to cure or eliminate the Title Defects to the
satisfaction of the Title Company in such manner as to permit the Title Company
to either endorse the Commitment so as to delete the Title Defects therefrom or
issue a new Commitment which specifically provides affirmative insurance over
or against those Title Defects specified by Buyer, and which otherwise meets the
requirements of this Paragraph. If Seller shall in fact cure or eliminate the Title
Defects, the Closing shall take place on the Closing Date specified in this
Agreement, or if such date has passed, within thirty (30) days after the end of
said thirty (30) day period.
If Seller is unable to cure or eliminate the Title Defects within the time allowed, or
is unwilling to cure any Title Defect because it would require the expenditure of
money in excess of $100.00 (in which event Seller shall immediately provide the
Buyer with written notice of that fact and the curative period shall terminate as of
the date of said notice), Buyer may elect to terminate this Agreement within thirty
(30) days following the expiration of the thirty (30) day curative period (or earlier
termination of said curative period) by giving written notice of termination to
Seller or, alternatively, Buyer must close its purchase of the Property and accept
the conveyance of the Property subject to the Title Defects, in which event the
Closing shall take place on the Closing Date specified in this Agreement without
reduction in the Purchase Price, or in the event such date has passed within
thirty (30) days after the end of said thirty (30) day period. If, by giving written
notice to Seller within the time allowed, Buyer elects to terminate this Agreement
because of the existence of uncured Title Defects, this Agreement and all rights
and obligations of the parties hereunder shall terminate and be null and void
except those which expressly survive termination of this Agreement.
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17. Intentionally omitted
18. ASSIGNMENT:
Subject to the following sentence, this Agreement and all rights and obligations
hereunder shall not be assignable by Buyer without the prior written consent of
Seller. Notwithstanding the foregoing to the contrary, upon written notice to
Seller, this Agreement may be assigned by Buyer without consent of Seller to the
Miami Beach Redevelopment Agency.
19. DEFAULT:
Should Buyer fail to purchase on the date on which title is to close in
accordance with this Agreement, or fail to perform any of Buyer's other
obligations under this Agreement and such default is not cured within ten
(10) days after written notice to Buyer, Seller's sole remedy will be to
cancel this Agreement by written notice to Buyer. In such event, this
Agreement shall terminate. Should Seller default under this Agreement or
fail to perform any of Seller's other obligations under this Agreement and
such default is not cured within ten (10) days after written notice to Seller,
Buyer shall have the right to bring an action for specific performance
against Seller without waiving Buyer's right to damages incurred as a
result of Seller's breach.
20. MISCELLANEOUS PROVISIONS:-
A. All written notices and demands provided under this Agreement shall be
hand delivered or sent via certified or registered mail, return receipt
requested, or by Federal Express or other air carrier service. All notices
and demands shall be deemed properly addressed if addressed as follows
and if mailed, shall be deemed given upon being deposited in the United
States mail, postage prepaid:
For Seller: Belkis Beatriz Cuenca-Barberio
Executive Director
Miami Beach Community Development Corporation, Inc.
945 Pennsylvania Avenue
Miami Beach, Florida 33139
For the Buyer: Jimmy L. Morales
City Manager
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
With a copy to: Raul Aguila
City Attorney
City of Miami Beach
1700 Convention Center Drive, 4th Floor
Miami Beach, Florida 33139
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B. This Agreement supersedes and any all prior understandings and
agreements between Seller, its agents and representatives, and Buyer. It
is mutually understood and agreed that this Agreement represents the
entire understanding between Buyer and Seller. No representations or
inducements made prior to the signing of this Agreement, which are not
expressly included in this Agreement or imposed by law, shall be of any
force or effect.
C. The acceptance of the deeds by Buyer at the Closing of this transaction
shall be acknowledgment by Buyer of the full performance by Seller of all
of its agreements and responsibilities hereunder, and no performance of
any agreement, obligation, responsibility, or representation of Seller shall
survive the closing of this transaction, except those specifically provided
for by statute and those specifically stated in this Agreement to survive the
closing.
D. Time shall be of the essence with regard to performance pursuant to this
Agreement.
E. Any disputes arising in connection with this Agreement shall be settled
according to Florida law and venue for any action in connection with this
Agreement shall be in Miami-Dade County, Florida. This Agreement shall
be governed by, and construed in accordance with, the laws of the State
of Florida, both substantive and remedial, without regard to principles of
conflict of laws. The exclusive venue for any litigation arising out of this
Agreement shall be Miami-Dade County, Florida, if in state court, and the
U.S. District Court, Southern District of Florida, if in federal court. BY
ENTERING INTO THIS AGREEMENT, BUYER AND SELLER
EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A
TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING
OUT OF, THIS AGREEMENT AND/OR THE GROUND LEASE.
F. No modification of this Agreement shall be valid unless in writing and
signed by both parties.
G. This Agreement may be executed in one or more counterparts, each of
which shall be deemed an original, and said counterparts shall constitute
but one and the same instrument which may be sufficiently evidenced by
one such counterpart.
H. Should any part, clause, provision, or condition of this Agreement be held
to be void, invalid, or inoperative, the parties agree that such invalidity
shall not affect any other part, clause, provision, or condition thereof, and
that the remainder of this Agreement shall be effective as though such
void part, clause, provision, or condition had not been contained herein. _
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In the event of any litigation arising from this Agreement the prevailing
party shall be entitled to recover attorney's fees and costs incurred
therewith.
J. If the time period by which any right, option, or election provided under this
Agreement must be exercised, or by which any act required hereunder
must be performed, or by which the Closing must be held, expires on a
day other than a business day, then such time period shall be
automatically extended through the close of business on the next regularly
scheduled business day. No failure'of either party to exercise any power
given hereunder or to insist upon strict compliance with any obligation
specified herein, and no custom or practice at variance with the terms
hereof, shall constitute a waiver of either party's right to demand exact
compliance with the terms hereof. Any amendment to this Agreement shall
not be binding upon Seller or Buyer unless such amendment is in writing
and executed by both Seller and Buyer. This Agreement shall inure to the
benefit of and be binding upon the parties hereto and their respective
heirs, legal representatives, successors, and permitted assigns. The
headings inserted at the beginning of each section or paragraph are for
convenience only, and do not add to or subtract from the meaning of the
contents of each section or paragraph. Except as otherwise provided
herein, all rights, powers, and privileges conferred hereunder upon the
parties shall be cumulative but not restrictive to those given by law. All
personal pronouns used in this Agreement, whether used in the
masculine, feminine, or neuter gender shall include all genders, and all.
references herein to the singular shall include the plural and vice versa.
K. This Agreement shall not be construed more strictly against one party than
against the other merely by virtue of the fact that this Agreement may
have been prepared by counsel for one of the parties, it being mutually
acknowledged and agreed that Seller and Buyer and their respective
counsel have contributed substantially and materially to the preparation
and negotiation of this Agreement. Accordingly, the normal rule of
construction to the effect that any ambiguities are to be resolved against
the drafting party shall not be employed in the interpretation of this
Agreement or any exhibits or amendments hereto.
21. FUNDING AGREEMENTS:
A. Buyer and Seller acknowledge that Seller and/or MBCDC has previously
received and/or been awarded public funding pursuant to grant and/or
funding agreements (the "Funding Agreements", attached and
incorporated as Exhibit "C") entered into for the purpose of purchasing
and/or developing the Property as an affordable multi-family residential
housing project (the "Project").
15
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B. At Closing:
(i) The City and Seller (the "Parties") shall execute and deliver a
release agreement pursuant to which the Parties for themselves,
and for their respective officers, directors, employees, and agents
shall release each other from and against any and all claims,
demands (including demands for repayment of grant funds),
damages, debts, liabilities, obligations, contracts, agreements,
causes of action, suits, and costs, of whatever nature, character or
description, including, without limitation, reasonable attorneys' fees,
whether known or unknown, which the Parties may have or claim
to have against each other in connection with, arising from, or in
any manner relating to the Mortgage and Security Agreement
between MBCDC: Lottie Apartments, LLC, and the City, dated
August 10, 2010, recorded in O.R. Book 27389, Page 1007, of the
Public Records of Miami-Dade County, Florida, in the original
principal amount of $1,864,000.00.
22. RADON GAS:
Radon is a naturally occurring radioactive gas that, when it has accumulated in a
building in sufficient quantities, may present health risks to persons who are
exposed to it over time. Levels of radon that exceed federal and state guidelines
have been found in buildings in Florida. Additional information regarding radon
and radon testing may be obtained from your county health unit.
23. FOREIGN INVESTMENT IN REAL PROPERTY TAX ACT:
The Foreign Investment in Real Property Tax Act (FIRPTA), IRC 1443, requires
that every purchase of U.S. real property must, unless an exemption applies,
deduct and withhold from Seller's proceeds ten percent (10%) of the gross sales
price. The primary exceptions which might be applicable are: (a) Seller provided
Buyer with an affidavit under penalty of perjury, that Seller is not a "foreign
person," as defined in FIRPTA, or (b) Seller provides Buyer with a "qualifying
statement," as defined in FIRPTA, issued by the Internal Revenue Service.
Seller and Buyer agree to execute and deliver as appropriate, any instrument,
affidavit and statement, and to perform any acts reasonably necessary to carry
out the provisions of FIRPTA and regulations promulgated thereunder.
24. BROKERS:
Seller represents and warrants to Buyer, and Buyer represents and warrants to
Seller, that they have not dealt with any other real estate broker, sales person,
finder or other person entitled to a commission or fee in connection with this
Agreement or the sale and purchase of the Property contemplated hereby.
Seller shall and do hereby indemnify and hold Buyer harmless from and against
any and all liability, loss, cost, damage, and expense, including reasonable
attorneys'4ees actually incurred and costs of litigation, that Buyer shall ever
suffer or incur because of any claim by any agent, salesman, or broker, whether
or not meritorious, for any fee, commission or other compensation with regard to
this Agreement or the sale and purchase of the Property contemplated hereby,
16
and arising out of any acts or agreements of Seller. Likewise, Buyer shall and
does hereby indemnify and hold Seller free and harmless from and against any
and all liability, loss, cost, damage, and expense, including reasonable attorneys'
fees actually incurred and costs of litigation, Seller shall ever suffer or incur
because of any claim by any agent, salesman, or broker, whether or not
meritorious, for any fee, commission or other compensation with respect to this
Agreement or the sale and purchase of the Property contemplated hereby and
arising out of the acts or agreements of Buyer.
25. COVENANT OF COOPERATION: Each party agrees to reasonably cooperate
with the other in connection with any and all documents required pursuant to this
Agreement and any other documents or assistance which may be required from
the other. Should it become necessary for either party to enforce this Covenant
of Cooperation, the other party shall be responsible for any and all reasonable
costs and reasonable attorney's fees incurred by the enforcing party, in
connection therewith. This Covenant of Cooperation shall survive Closing.
THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.
17
IN WITNESS WHEREOF, the parties have executed this Agreement on the dates set
forth below.
SELLER: MBCDC: Lottie Apartments, LLC, a Florida limited liability company
By Miami Beach Community Development
Corporation, Inc., its manager and sole
member:
Attest:
Cop - ere s :elkis Beatriz Cuenca-Barberio
Chairman of the Board Executive Director
�. / 1,t 2te\k4
D -to Dat
BUYER: The City of Miami Beach
Attest:
By:
Ji " y L. orales 3? "' L / ° -fael E. Granado
Ci Mana•er ;€ : tit Clerk
I.INCORP °RATED'
11 3 � 3
Date ��, \
444,CH
F:IATTO\TORG\CIosings120141CMB pf MBCDC\Lottie\Final 11-13-14 The Lottie Purchase and Sale Agreement GNT
APPROVED AS TO
FORM & LANGUAGE
&FOR E ECUTION
I ,
JILL&
18 City Attorne' ' Date
Exhibit A
Legal Description
Lot 8, Clock 4, the TOWNSITE OF HARDING, according to the Plat
thereof, as recorded in Plat Book 34, at Page 4, of the Public Records
of Miami-Dade County, Florida,
a/k/a 530 75th Street, Miami Beach, Florida 33141
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Exhibit B
Leases
'Tenant lEx Oration of Lease 'Lease Date !Tenant Deposit
1 Angel Vargas and Eduardo Jimenez 11/30/2013 11/29/2013 $707.00
2 Pedro Borquin and Yasmely Rodriguez 1/31/2014 2/1/2013 $707.00
3 Mayra Morales and Melanie Morales 1/31/2015 1/31/2014 $707.00
Guillermo Perez Gonzalez and Yanet N. 11/27/2013 $692.00
4 Mendez Marrero 11/30/2014
5 Maria Aranda 2/28/2015 2/28/2014 $707.00
6 Vilmarie Figueroa&Sergio Caniza 1/31/2015 1/30/2014 $1,051.00
7 Susan Senra and Adilu Viera 11/30/2014 11/29/2013 $707.00
8 Rosselie Echavarria 2/28/2015 2/28/2014 $707.00
9 Marcia V.Guerrero 3/31/2015 3/28/2014 $707.00
$6,692.00
Seller is not holding any sums in a reserve account.
20
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2 Bdrm/2Bath
50 % AMI
MBCDC: LOTTIE APARTMENTS
LEASE AGREEMENT
This lease agreement ("lease") is made this 29th, November, 2013 between Lessor: MBCDC:
LOTTIE APARTMENTS. Whose address for the purpose of this lease is C/O MIAMI BEACH
COMMUNITY DEVELOPMENT CORPORATION, 945 PENNSYLVANIA AVENUE, MIAMI
BEACH, FL 33139, (hereinafter "Management") and the Lessee [s]("Resident "/ "Tenant"):
ANGEL VARGAS & EDUARDO JIMENEZ . In consideration of(a) Resident's representations in
Resident's rental application, and (b) Resident's payment of the rent and performance of the other
provisions of this lease, Management leases to Resident apartment UNIT 101 ("premises") in the
apartment community known as "THE JEFFERON APARTMENTS, LLC located at 542 Jefferson
Avenue, Miami Beach, Florida 33139
the following individuals may occupy the premises:
OCCUPANCY: Only th g Y pY p
NAME RELATIONSHIP
ANGEL VARGAS Head of Household
EDUARDO JIMENEZ ROOM-MATE
Lease expires: November 30th, 2013
1. TERM: This lease shall be 12 months beginning the 1St December, 2012 .If resident takes
possession of the premises prior to the commencement date of this lease, Resident shall pay rent at the
rate and in the manner required by this lease and such possession in all other respects shall be subject to
the applicable provisions of this lease.
2. RENT: During the term of this lease, Resident shall pay as rent $ 8,304.00/year payable in
monthly installments of$692.00 in advance on or before the first day of each month commencing with
the commencement date of this lease. If Resident does not pay the monthly installment of rent in a
sufficiently timely manner so as to permit its receipt by Management on or before the due date,
Resident shall deliver and pay the monthly installment of rent by Money Order, Certified Check or
Cashier's Check. The rent includes the following utilities:, WATER, SEWER
AND GARBAGE. Resident will pay all other utility charges including
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electric, telephone, and cable television. Light bulbs and air-filters are to
be replaced at the expense of each resident. Resident shall not waste or
misuse any utilities furnished by Management.
3. LATE CHARGE AND RETURN CHECK CHARGE: Resident shall pay a late charge of
$10.00 if the monthly installment of rent is not received by Management by the FIFTH (5TH) day of
the month in which it is due, PLUS $5.00 PER DAY THEREAFTER until the amount due is paid
in full. Resident shall in addition to the late charge also pay Management a $30.00 processing charge
for any Resident's check which is returned because of insufficient funds (NSF), a closed account or any
other similar cause. ALL payments made to replace insufficient (NSF) checks MUST be made by
Money Order, Certified Check or Cashier's Check and Management shall reserve the right to require
Resident to pay the monthly installment of rent by Money Order, Certified Check or Cashier's Check.
Rent shall not be considered paid until actually received by management.
4. ACCELERATION: If Resident should default under this lease, Management shall have the
right to accelerate the payment of the rent reserved for the balance of the term of this lease and declare
said amount due and payable to Management forthwith. If Management should elect to accelerate as
above provided, Resident may not be liable for the total accelerated amount claimed by Management
becauseof Management's obligation to minimize damages, and either Management or Resident may
have a court determine the actual amount, if any, owed by Resident as a result of Management's
acceleration.
5. ADDITIONAL CHARGES: If the Resident should default under this lease requiring
Management to take legal action and Management prevails in said legal action, Resident shall pay all of
Management's attorney's fees and other charges, costs, expenses and damages no later than the next
monthly rental installment due date.
6. SECURITY DEPOSIT: Resident hereby deposits with Management the sum of $707.00
(PAID) as a security deposit under this Lease Agreement, the receipt of which is hereby
acknowledged, which sum shall be held by Management in a separate non-interest bearing account and
upon the following terms and conditions: N/A PAYMENT ARRANGEMENT
A. As security for the performance by residents of all the terms, conditions and covenants of
this Lease Agreement; and
B. If resident breaks the lease, or moves out before the end of lease term, or in the event of
default of any kind or nature by Resident, then in such an event Management shall be deemed
authorized to retain security deposit as liquidated, stipulated and agreed upon damages, or Management
may offset security deposit against actual loss or damage sustained by Management; provided,
however, that in no event shall Management be deprived of any other remedy, whether at law or equity
or reserved by the terms of this Lease Agreement, regardless of retention by Management of the
security deposit;RESIDENT MAY NOT USE THE SECURITY DEPOSIT TO PAY RENT and
C. Within 15 days from the expiration of the term of this Lease Agreement, and in the event
that there has been no default of any kind whatsoever on the part of Resident, said security deposit shall
be returned to Resident or the Management shall give written notice of Management's intention to
impose a claim against said security deposit on account of loss or damage to real property or to the
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items constituting fixtures in demised premises, reasonable wear and tear expected. •
D. The fact that Management holds a security deposit shall not affect Management's right to
obtain possession of the premises for non-payment of rent.
E. Lessee MAY NOT USE THE SECURITY DEPOSIT TO PAY RENT. If during the term
of this lease the lessor elects to apply all or part of the security deposit to cure a violation committed by
the lessee, then within 3 days after notice from the lessor, the lessee agrees to pay sufficient monies to
restore the security deposit to the original sum deposited.
7. PURPOSE: Resident are to occupy the premises only as a private residential dwelling.
8. POSSESSION: Resident shall not be entitled to possession of the premises until (a) Resident
and Management have signed this lease,and (b) the prior Resident has vacated the premises and (c)
Resident has paid the rent for the first month of the lease term and the security deposit. If the Resident
is unable to take possession at the commencement date of the lease because the premises are not ready
for occupancy or because a prior Resident is holding over or because of any cause beyond
Management's control, the lease term will begin on the first day of the following month provided that
possession can be delivered to the Resident by that time. If possession cannot be delivered by that
time, either party to this lease shall have the right to terminate this lease.
9. ASSIGNMENT AND SUBLEASE: Resident shall not assign this lease nor sublet the
premises without first obtaining Management's written consent. Any sublease shall be on
Management's sublease form and shall be signed by all persons therein designated.
10. USE OF PREMISES: Resident shall use and occupy the premises in a clean and wholesome
manner and in compliance with all applicable governmental requirements, including all public health,
police and fire regulations relating to such use and occupancy to the full extent required by law.
Resident shall not use or operate any equipment or machinery that is harmful to the premises or to the
apartment, community or that is disturbing to other residents of the apartment community. Resident
shall not employ any person or persons in or about the premises whose employment may by law
constitute or create a liability on the part of Management. Resident shall not hire as Resident's
employee any of Management's employees to perform any services at the apartment community.
11. CONDITION OF PREMISES AND REPAIRS BY RESIDENT: Resident
acknowledges that Management has made no representations regarding the condition or state of repairs
of the premises except as expressly set forth in this lease.
RESIDENT AGREES TO BE RESPONSIBLE FOR, AND TO REPAIR AT RESIDENT'S
EXPENSE, ANY DAMAGE THAT OCCURS DURING THE TERM OF THIS LEASE. Resident
agrees to pay any damage done to the premises caused by resident's misuse, recklessness or neglect,
willful or otherwise. Resident shall not cause, allow or permit any waste, misuse or neglect of the
premises and shall pay in advance for the repair of any damages so caused by resident or resident's
guest. During the term of this lease, the Resident shall keep the premises in good repair to the full
extent required by law, and at the expiration of the term of this lease the Resident shall return the
premises to Management in as good condition as when taken, except for reasonable use and wear.
If the Resident should fail to snake required repairs and replacements, then Management shall have
the right to enter the premises without causing or constituting a termination of this lease, and at the
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Resident's cost, make the required repairs or replacement. Resident shall pay the lawful expenses so
incurred on the next ensuing monthly rental installment due date. Management shall also have the
right to enter the premises without causing or constituting a termination of this lease, in order to install
a separate meter to measure the consumption of heating fuel or other utilities at the premises in the
event that Management should decide to do so, Management's entry into the premises shall be at
reasonable times and in the manner prescribed by law.
12. ACCESS TO PREMISES: Management shall have reasonable access to the premises to the
extent permitted by law. You agree to allow management to enter your apartment for inspection,
extermination,or to make necessary repairs or improvements.
13. ALTERATIONS: Resident shall make no alterations, decorations, additions or
improvements in or to the premises or to Management's equipment or. fixtures in the premises.
Resident shall not install any fixture or equipment without Management's prior written consent, and
then only by contractors or mechanics first approved in writing by the Management. Any such
installation by Resident without Management's prior written consent may be removed by Management,
and Resident shall pay Management's cost thereon on the next monthly rental installment due date. In
the event that Management's written consent is received, Resident shall cause such work to be done at
such times and in such a manner as Management shall designate in writing and Resident shall pay for
same in a prompt manner. Any mechanic's lien filed against the premises or the apartment community
for work claimed to have been done for or materials claimed to have been furnished to Resident shall
be discharged by the Resident within ten days thereafter. Management shall have the right, but not the
obligation to pay or discharge any such mechanic's lien. If Management should elect to exercise this
right, the Resident shall forthwith pay to management the amount so expended.
14. RULES AND REGULATIONS: Resident shall comply with all of the rules and regulations
governing the premises and the apartment community and shall comply with all of Management's
changes and additions to the rules and regulations. Failure to do so will result in the termination of a
resident's lease.
15. DAMAGE BY FIRE OR OTHER CASUALTY: If the premises are partially damaged by
fire or other casualty but can be restored to tenantable condition, Management shall repair the premises
with reasonable dispatch. The Resident's obligation to pay rent shall be suspended during the time that
the premises remain untenantable. If the premises are destroyed by fire or other casualty or if the
premises cannot be restored to tenantable condition within a reasonable time, either party shall have
the right to terminate this lease by written notice to the other party. Management is not liable for any
damage to resident's furniture, clothes or other personal items due to casualty including but not limited
to: water, wind, burst pipe, or leak in the roof, windows or side of the building.
16. WAIVER OF SUBROG ATION: Each party releases the other party from any liability for
loss, damage or injury caused by the fire or other casualty for which insurance (permitting waiver of
liability and waiver of insurer's rights of subrogation) is carried by the insured party to the extent of
any recovery by the insured party under such insurance policy. Management at its sole expense shall
obtain fire and extended coverage insurance covering the buildings in the apartment community.
Resident, at Resident's sole expense,. shall obtain fire and extended coverage insurance covering
Resident's personal property in the premises and at the apartment community, i.e. "Renter's
Insurance. "
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17. EMINENT DOMAIN: If any part of the premises is condemned by any governmental
• authority, then this lease shall terminate as of the date that possession is taken by the governmental
authority. Under this provision, Resident agrees to waive all rights to claim compensation from
Management.
18. DEFAULT: If the Resident should default under this lease by failure to pay the rent when
due, violate or fail to perform any of the terms, conditions, or obligations of this agreement, vacate or
abandon the apartment before the end of the lease term, or if Resident's statements in the rental
application are found to be incorrect or untrue; Management shall have the right to terminate this lease
and to repossess the premises; and cause the Resident to vacate the premises in the manner provided by
law. If this should occur, Resident shall pay Management the expense incurred in obtaining possession
of the premises and all other damages sustained by Management to the extent permitted by law.
19. SEVERABILITY: If any provision of this lease should be or become invalid, such invalidity
shall not in any way affect any of the other provisions of this lease which shall continue to remain in
full force and effect.
20. WAIVER: If Management should waive any provisions of this lease, it shall not be
construed as a waiver of a further breach of such provision.
21. MODIFICATIONS: No modification of this lease shall be binding unless in writing signed
by the Resident and by an authorized agent of Management and countersigned by an officer of the
management company.
22. RIGHT TO MORTGAGE: Management shall have the right to subordinate this lease to any
mortgage now or hereafter placed on the premises or on the apartment community. At Management's
request, Resident shall execute and deliver such documents as may be required in order to accomplish
the purposes of this paragraph.
23. MORTGAGE: Financing inancmg for the Housing Finance Agency p rovided this apartment
community, and Low Income Housing Tax Credits. The Tax Credit Program and other financing
sources require an income certification by the resident certifying that all information set forth therein is
true complete and correct. If any information contained within the certification should prove to be
untrue, incomplete, or incorrect, Management has the right to terminate this lease. These income
certifications shall be renewed annually.
24. LIABILITY: In the event that this lease should be signed as Resident by more than one
person, then the liability of the persons signing shall be joint and several.
25. QUIET ENJOYMENT: Upon Resident paying the rent and performing all of the other
provisions of this lease, Management agrees that Resident shall peacefully and quietly have, hold and
enjoy the premises during the term of this lease.
26. PETS: RESIDENT OR RESIDENT'S GUESTS SHALL KEEP NO PETS IN, AT OR
ABOUT THE PREMISES.
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27. STORAGE OF PROPERTY: If Management should provide storage space, Resident's
property shall only be stored in the space designated by Management. This storage space shall be
subject to all applicable provisions of this lease.
28. NOTICE OF INTENTION TO VACATE OR RENEW: At least thirty.(30) days before the
end of this lease, (i) if Management refuses to renew the lease, Management shall provide tenant with
written notice specifying the grounds for said refusal, or (ii) if the tenancy will be renewed,
Management shall notify Resident in writing of any increase/decrease in rent for the following year and
Resident shall notify management in writing that Resident offers to sign a new lease at the rent set by
Management in the manner permitted by law and subject to all provisions of this lease which may be
applicable, or that the premises will be vacated at the end of this lease. The Resident's written notice
shall indicate the names and family relationship of each of the occupants. Notwithstanding anything
herein to the contrary, Management shall not be obligated to enter a new lease. Resident shall deliver
the keys of the premises to Management at the time Resident vacates premises. Any of Resident's
property left in, at or about the premises at the time the Resident vacates the premises shall be deemed
to be abandoned by the Resident and Resident hereby authorized Management to dispose of same as
abandoned property. Until the keys are delivered to Management as evidenced by Management's
receipt therefore, the Resident shall remain liable under this lease to the extent permitted by law. Keys
shall be delivered to Management upon vacating the premises and in any event no later than 12:00 noon
on the next business day following the expiration of the term of this lease and/or the Resident's vacating
of the premises. (DOES NOT APPLY TO SECTION 8 TENANTS)
29. NOTICE OF INJURIES: In the event of any injuries to Tenant tenants family, guests, or
invitee's or in the event of any damage to any of their property that is allegedly caused by the
negligence of Management or its agents or employees, Tenant shall give Management a written notice
of the occurrence of the injury or damage within five (5) days of the happening thereof. The written
notice shall be delivered to Management at Management's office set forth in the introductory clause-
preceding Paragraph 1 above, or at such other address, which Management should hereafter furnish in
writing to the Tenant. Management shall not be liable for any injury, damage or loss resulting from any
accident or occurrence, acts of other tenants, wrongful or criminal acts of any third party in or upon the
building or your apartment sustained by you or any person claiming through you.
30. REMEDIES NOT EXCLUSIVE: Each and every of the rights, remedies and benefits
provided by this lease shall be cumulative and shall not be exclusive of any other of said rights,
remedies and benefits or of any other rights,remedies and benefits allowed by law.
31. LEASE BINDING: The provisions of this lease shall be binding upon and shall be for the
benefit of Management and Tenant and their respective successors in interest.
32. ADDITIONAL DOCUMENTS: The Lessee hereby agrees to execute and deliver, if and to
the extent necessary, any additional certifications, agreements and other documents as may be required
from time to time by the Florida Housing Finance Agency with respect to the occupancy, prospective
occupancy or continued occupancy of the Premises by the Lessee and all other occupants of the
Premises.
33. RADON GAS DISCLOSURE STATEMENT: This disclosure is required by Florida
Statutes 404.056(8): Radon is a naturally occurring radioactive gas that, when it is accumulated in a
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building in sufficient quantities, may present health risks to persons who are exposed to it over time.
Levels of radon that exceed federal and state guidelines have been found in buildings in Florida.
Additional information regarding radon and radon testing may be obtained from your county public
health unit.
34. AUDIT: Errors found through audit by Management in the term of lease or the amount of rent
is grounds for correction to this lease agreement.
35. RETURN OF SECURITY DEPOSIT: Tenant promises to deliver the premises in good
condition upon termination of tenancy. Management will deduct from your security deposit, the cost, if
any, of doing the following work:
Fixing any damage, defects, or deterioration to your apartment or building caused by you or an
occupant or guest of your apartment: Cleaning-the apartment, including the stove, oven, refrigerator,
closets cabinets, tiles, etc. Removal and disposal of any garbage, trash or furniture left by you in the
apartment. Removal of all nails screws fasteners from the walls or ceilings, and patching or plastering
all holes. Cleaning and waxing all tiles floors. Cleaning the carpet and leaving it spotless and odorless.
Re-keying or changing the lock due to failure to return keys. Curing any other violations by you of the
terms of this lease.
36. NO BROKER: You represent that no agent or real estate broker, other than Miami Beach
Community Development Corporation, has introduced you or shown you the apartment and that no
other agent or broker is entitled to any commission in connection with this lease. You agree to
indemnify the lessor with respect to any such claim.
37. TENANTS NON-MONETARY OBLIGATIONS: Tenant agrees not to make loud
noise, play an instrument, radio or television so that it disturbs your neighbors or in any way breach the
peace. If anyone in the building complains about noise from your apartment, you agree to immediately
curtail the noise. You must respect other resident's privacy and right to quiet enjoyment. Keep
air-filters, refrigerator, and plumbing facilities clean and sanitary. Remove and dispose of trash
by bagging and disposing of trash only in the properly designated area of the building. Not use,
keep, or store any toxic or flammable material considered hazardous by any insurance company. No
bicycle is to be kept in the lobby, halls, or stairwells. You are fully responsible for the conduct and
actions of all your guests and invitees. A $25 fine per incident will be assessed to any resident found
to be in violation of the above conditions.
38.TERMINATION: In the event that Tenant violates paragraphs 14, 18, 23 or. any other
provisions of this Lease and Management elects to terminate this Lease, Management shall serve
written notice to Tenant specifying the grounds for termination at least thirty (30) days before said
termination.
VIOLATION OF ANY PROVISION OF THIS LEASE MAY SUBJECT THIS LEASE TO
TERMINATION AND DEPOSIT FORFEITURE.
MANAGEMENT
MIAMI BEACH COMMUNITY DEVELOPMENT CORP. TENANT(S)
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ATTACHMENTS TO THIS LEASE AGREEMENT
The tenant certifies that he/she has received a copy of this Agreement and the following
Attachment to this Agreement and understands that this Attachment is part of this Lease Agreement.
A. Attachment#1 - Tenancy Addendum Section 8 Tenant- Based Assistance Housing
Choice Voucher Program
Initials:
Initial:
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' I B RTO DATOR' , 'RESI DENT ANGEL VARGAS
And/or Magda S.ntiso,
Director Prope' y Manager and/or
Property Management Agent EDUARDO JIM t4 "Z
KEYS RECEIVED: X Unit X Mail X Entry n/a Trash Room
LOCKS: You agree not to change your lock or install any additional locks on any doors without the
prior written approval by Management. In case of such approval, you must furnish Management with
duplicate keys before installation of the lock(s).
Addendum: Tenant shall notify Management/owner of intent to vacate the unit in the form of a 30-
day written notice. Management/Owner shall notify tenant of intent of non-renewal in the form of a
30-day written notice.. (DOES NOT APPLY TO SECTION 8 TENANTS)
Tenants responsibilities are to pay the following:Electric & telephone.
Owner provides the following: Central a/c, water,garbage, sewer, range, refrigerator, ceiling fans&
water-heater.
THE LOTTIE APARTMENTS. C/O MBCDC DOES NOT DISCRIMINATE ON THE BASIS OF
HANDICAPPED STATUS IN THE ADMISSION OR ACCESS TO, OR TREATMENT OR
EMPLOYMENT IN, ITS FEDERALLY ASSISTED PROGRAMS AND ACTIVITIES.
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2 Bdrm/2Bath
60 % AMI
MBCDC LOTTIE APARTMENTS
LEASE AGREEMENT
This lease agreement ("lease") is made this 1st, February 2013 between Lessor: MBCDC: LOTTIE
APARTMENTS. Whose address for the purpose of this lease is C/O MIAMI BEACH
COMMUNITY DEVELOPMENT CORPORATION, 945 PENNSYLVANIA AVENUE, MIAMI
BEACH, FL 33139, (hereinafter "Management") and the Lessee [s]("Resident "/ "Tenant"):
Pedro Borquin & Yasmely Rodriguez . In consideration of(a) Resident's representations in Resident's
rental application, and (b) Resident's payment of the rent and performance of the other provisions of
this lease, Management leases to Resident apartment UNIT 102 ("premises") in the apartment
community known as "LOTTIE APARTMENTS, LLC located at 530 — 75th Streete, Miami Beach,
Florida 33141
OCCUPANCY: Only the following individuals may occupy the premises:
NAME RELATIONSHIP
Pedro Borquin Head of Household
Yasmely Rodriguez Spouse
Jonathan C Rodriguez Son
Lease expires: January 31st, 2014
1. TERM: This lease shall be 12 months beginning the 1st February, 2013 .If resident takes
possession of the premises prior to the commencement date of this lease, Resident shall pay rent at the
rate and in the manner required by this lease and such possession in all other respects shall be subject to
the applicable provisions of this lease.
2. RENT: During the term of this lease, Resident shall pay as rent$ 11,076.00/year payable in
monthly installments of$923.00 in advance on or before the first day of each month commencing with
the commencement date of this lease. If Resident does not pay the monthly installment of rent in a
sufficiently timely manner so as to permit its receipt by Management on or before the due date,
Resident shall deliver and pay the monthly installment of rent by Money Order, Certified Check or
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Cashier's Check. The rent • includes the following utilities:, WATER, SEWER
AND GARBAGE. .Resident will pay all other : utility charges including
electric, telephone, and cable television. Light bulbs and air-filters are to
be replaced at the expense of each resident., Resident shall not waste or
misuse any utilities furnished by Management.
3. LATE CHARGE AND RETURN CHECK CHARGE: Resident shall pay a late charge of
$10.00 if the monthly installment of rent is not received by Management by the FIFTH (5TH) day of
the month in which it is due, PLUS $5.00 PER DAY THEREAFTER until the amount due is paid
in full. Resident shall in addition to the late charge also pay Management a $30.00 processing charge
for any Resident's check which is returned because of insufficient funds (NSF), a closed account or any
other similar cause. ALL payments made to replace insufficient (NSF) checks MUST be made by
Money Order, Certified Check or Cashier's Check and Management shall reserve the right to require
Resident to pay the monthly installment of rent by Money Order, Certified Check or Cashier's Check.
Rent shall not be considered paid until actually received by management.
4. ACCELERATION: If Resident should default under this lease, Management shall have the
right to accelerate the payment of the rent reserved for the balance of the term of this lease and declare
said amount due and payable to Management forthwith. If Management should elect to accelerate as
above provided, Resident may not be liable for the total accelerated amount claimed by Management
becauseof Management's obligation to minimize damages, and either Management or Resident may
have a court determine the actual amount, if any, owed by Resident as a result of Management's
acceleration.
5. ADDITIONAL CHARGES: If the Resident should default under this lease requiring
Management to take legal action and Management prevails in said legal action, Resident shall pay all of
Management's attorney's fees and other charges, costs, expenses and damages no later than the next
monthly rental installment due date.
6. SECURITY DEPOSIT: Resident hereby deposits with Management the sum of $707.00
(PAID) as a security deposit under this Lease Agreement, the receipt of which is hereby
acknowledged, which sum shall be held by Management in a separate non-interest bearing account and
upon the following terms and conditions: N/A PAYMENT ARRANGEMENT
A. As security for the performance by residents of all the terms, conditions and covenants of
this Lease Agreement; and
B. If resident breaks the lease, or moves out before the end of lease term, or in the event of
default of any kind or nature by Resident, then in such an event Management shall be deemed
authorized to retain security deposit as liquidated, stipulated and agreed upon damages, or Management
may offset security deposit against actual loss or damage sustained by Management; provided,
however, that in no event shall Management be deprived of any other remedy, whether at law or equity
or reserved by the terms of this Lease Agreement, regardless of retention by Management of the
security deposit;RESIDENT MAY NOT USE THE SECURITY DEPOSIT TO PAYMENT and
C. Within 15 days from the expiration of the term of this Lease Agreement, and in the event
that there has been no default of any kind whatsoever on.the part of Resident, said security deposit shall
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be returned to Resident or the Management shall give written notice of Management's intention to
impose a claim against said security deposit on account of-loss or damage to real property or to the
items constituting fixtures in demised premises, reasonable wear and tear expected.
D. The fact that Management holds a security deposit shall not affect Management's right to
obtain possession of the premises for non-payment of rent.
E. Lessee MAY NOT USE THE SECURITY DEPOSIT TO PAY RENT. If during the term
of this lease the lessor elects to apply all or part of the security deposit to cure a violation committed by
the lessee, then within 3 days after notice from the lessor, the lessee agrees to pay sufficient monies to
restore the security deposit to the original sum deposited.
7. PURPOSE: Resident are to occupy the premises only as a private residential dwelling.
8. POSSESSION: Resident shall not be entitled to possession of the premises until (a) Resident
and Management have signed this lease, and (b) the prior Resident has vacated the premises and (c)
Resident has paid the rent for the first month of the lease term and the security deposit. If the Resident
is unable to take possession at the commencement date of the lease because the premises are not ready
for occupancy or because a prior Resident is holding over or because of any cause beyond
Management's control, the lease term will begin on the first day of the following month provided that
possession can be delivered to the Resident by that time. If possession cannot be delivered by that
time, either party to this lease shall have the right to terminate this lease.
9. ASSIGNMENT AND SUBLEASE: Resident shall not assign this lease nor sublet the
premises without first obtaining Management's written consent. Any sublease shall be on
Management's sublease form and shall be signed by all persons therein designated.
10. USE OF PREMISES: Resident shall use and occupy the premises in a clean and wholesome
manner and in compliance with all applicable governmental requirements, including all public health,
police and fire regulations relating to such use and occupancy to the full extent required by law.
Resident shall not use or operate any equipment or machinery that is harmful to the premises or to the
apartment, community or that is disturbing to other residents of the apartment community. Resident
shall not employ any person or persons in or about the premises whose employment may by law
constitute or create a liability on the part of Management. Resident shall not hire as Resident's
employee any of Management's employees to perform any services at the apartment community.
11. CONDITION OF PREMISES AND REPAIRS BY RESIDENT: Resident
acknowledges that Management has made no representations regarding the condition or state of repairs
of the premises except as expressly set forth in this lease.
RESIDENT AGREES TO BE RESPONSIBLE FOR, AND TO REPAIR AT RESIDENT'S
EXPENSE, ANY DAMAGE THAT OCCURS DURING THE TERM OF THIS LEASE. Resident
agrees to pay any damage done to the premises caused by resident's misuse, recklessness or neglect,
willful or otherwise. Resident shall not cause, allow or permit any waste, misuse or neglect of the
premises and shall pay in advance for the repair of any damages so caused by resident or resident's
guest. During the term of this lease, the Resident shall keep the premises in good repair to the full
extent required by law, and at the expiration of the term of this lease the Resident shall return the
-premises to Management in as good condition as when taken, except for reasonable use and wear.
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If the Resident should fail to make required repairs-and replacements, then Management shall have
the right to enter the premises without causing or constituting a termination of this lease, and at the
Resident's cost, make the required repairs or replacement. Resident shall pay the lawful expenses so
incurred on the next ensuing monthly rental installment due date. Management shall also have the
right to enter the premises without causing or constituting a termination of this lease, in order to install
a separate meter to measure the consumption of heating fuel or other utilities at the premises in the
event that Management should decide to do so, Management's entry into the premises shall be at
reasonable times and in the manner prescribed by law.
12. ACCESS TO PREMISES: Management shall have reasonable access to the premises to the
extent permitted by law. You agree to allow management to enter your apartment for inspection,
extermination, or to make necessary repairs or improvements. .
13. ALTERATIONS: Resident shall make no alterations, decorations, additions or
• improvements in or to the premises or to Management's equipment or fixtures in the premises.
Resident shall not install any fixture or equipment without Management's prior written consent, and
then only by contractors or mechanics first approved in writing by the Management. Any such
installation by Resident without Management's prior written consent may be removed by Management,
and Resident shall pay Management's cost thereon on the next monthly rental installment due date. In
the event that Management's written consent is received, Resident shall cause such work to be done at
such times and in such a manner as Management shall designate in writing and Resident shall pay for
same in a prompt manner. Any mechanic's lien filed against the premises or the apartment community
for work claimed to have been done for or materials claimed to have been furnished to Resident shall
be discharged by the Resident within ten days thereafter. Management shall have the right, but not the
obligation to pay or discharge any such mechanic's lien. If Management should elect to exercise this
right, the Resident shall forthwith pay to management the amount so expended.
14. RULES AND REGULATIONS: Resident shall comply with all of the rules and regulations
governing the premises and the apartment community and shall comply with all of Management's
changes and additions to the rules and regulations. Failure to do so will result in the termination of a
resident's lease.
15. DAMAGE BY FIRE OR OTHER CASUALTY: If the premises are partially damaged by
fire or other casualty but can be restored to tenantable condition, Management shall repair the premises
with reasonable dispatch. The Resident's obligation to pay rent shall be suspended during the time that
the premises remain untenantable. If the premises are destroyed by fire or other casualty or if the
premises cannot be restored to tenantable condition within a reasonable time, either party shall have
the right to terminate this lease by written notice to the other party. Management is not liable for any
damage to resident's furniture, clothes or other personal items due to casualty including but not limited
to: water, wind,burst pipe, or leak in the roof, windows or side of the building.
16. WAIVER OF SUBROGATION: Each party releases the other party from any liability for
loss, damage or injury caused by the fire or other casualty for which insurance (permitting waiver of
liability and waiver of insurer's rights of subrogation) is carried by the insured party to the extent of
any recovery by the insured party under such insurance policy. Management at its sole expense shall
obtain fire and extended coverage insurance covering the buildings in the apartment community.
Resident, at Resident's sole expense, shall obtain fire and extended coverage insurance covering
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Resident's personal property in the premises and at the apartment community, i.e. "Renter's
Insurance. "
17. EMINENT DOMAIN: If any part of the premises is condemned by any governmental .
authority, then this lease shall terminate as of the date that possession is taken by the governmental
authority. Under this provision, Resident agrees to waive all rights to claim compensation from
Management.
18. DEFAULT: If the Resident should default under this lease by failure to pay the rent when
due, violate or fail to perform any of the terms, conditions, or obligations of this agreement, vacate or
abandon the apartment before the end of the lease term, or if Resident's statements in the rental
application are found to be incorrect or untrue; Management shall have the right to terminate this lease
and to repossess the premises; and cause the Resident to vacate the premises in the manner provided by
law. If this should occur, Resident shall pay Management the expense incurred in obtaining possession
of the premises-and all other damages sustained by Management to the extent permitted by law.
19. SEVERABILITY: If any provision of this lease should be or become invalid, such invalidity
shall not in any way affect any of the other provisions of this lease which shall continue to remain in
full force and effect.
20. WAIVER: If Management should waive any provisions of this lease, it shall not be
construed as a waiver of a further breach of such provision.
21. MODIFICATIONS: No modification of this lease shall be binding unless in writing signed
by the Resident and by an authorized agent of Management and countersigned by an officer of the
management company.
22. RIGHT TO MORTGAGE: Management shall have the right to subordinate this lease to any
mortgage now or hereafter placed on the premises or on the apartment community. At Management's
request, Resident shall execute and deliver such documents as may be required in order to accomplish
the purposes of this paragraph.
23. MORTGAGE: Financin g for the Florida Housing Finance Agency provided this apartment
community, and Low Income Housing Tax Credits. The Tax Credit Program and other financing
sources require an income certification by the resident certifying that all information set forth therein is
true complete and correct. If any information contained within the certification should prove to be
untrue, incomplete, or incorrect, Management has the right to terminate this lease. These income
certifications shall be renewed annually.
24. LIABILITY: In the event that this lease should be signed as Resident by more than one
person, then the liability of the persons signing shall be joint and several.
25. QUIET ENJOYMENT: Upon Resident paying the rent and performing all of the other
provisions of this lease, Management agrees that Resident shall peacefully and quietly have, hold and
enjoy the premises during the term of this lease.
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26. PETS: RESIDENT OR RESIDENT'S GUESTS SHALL KEEP NO PETS IN, AT OR
ABOUT THE PREMISES. _
27. STORAGE OF PROPERTY: If Management should provide storage space, Resident's
property shall only be stored in the space designated by Management. This storage space shall be
subject to all applicable provisions of this lease.
28. NOTICE OF INTENTION TO VACATE OR RENEW: At least thirty(30) days before the
end of this lease, (i) if Management refuses to renew the lease, Management shall provide tenant with
written notice specifying the grounds for said refusal, or (ii) if the tenancy will be renewed,
Management shall notify Resident in writing of any increase/decrease in rent for the following year and
Resident shall notify management in writing that Resident offers to sign a new lease at the rent set by
Management in the manner permitted by law and subject to all provisions of this lease which may be
applicable, or that the premises will be vacated at the end of this lease. The Resident's written notice
shall indicate the names and family relationship-of each of the occupants. Notwithstanding anything
herein to the contrary, Management shall not be obligated to enter a new lease. Resident shall deliver
the keys of the premises to Management at the time Resident vacates premises. Any of Resident's
property left in, at or about the premises at the time the Resident vacates the premises shall be deemed
to be abandoned by the Resident and Resident hereby authorized Management to dispose of same as
abandoned property. Until the keys are delivered to Management as evidenced by Management's
receipt therefore, the Resident shall remain liable under this lease to the extent permitted by law. Keys
shall be delivered to Management upon vacating the premises and in any event no later than 12:00 noon
on the next business day following the expiration of the term of this lease and/or the Resident's vacating
of the premises. (DOES NOT APPLY TO SECTION 8 TENANTS)
29. NOTICE OF INJURIES: In the event of any injuries to Tenant tenants family, guests, or
invitee's or in the event of any damage to any of their property that is allegedly caused by the
negligence of Management or its agents or employees, Tenant shall give Management a written notice
of the occurrence of the injury or damage within five (5) days of the happening thereof. The written
notice shall be delivered to Management at Management's office set forth in the introductory clause-
preceding Paragraph 1 above, or at such other address, which Management should hereafter furnish in
writing to the Tenant. Management shall not be liable for any injury, damage or loss resulting from any
accident or occurrence, acts of other tenants, wrongful or criminal acts of any third party in or upon the
building or your apartment sustained by you or any person claiming through you.
30. REMEDIES NOT EXCLUSIVE: Each and every of the rights, remedies and benefits
provided by this lease shall be cumulative and shall not be exclusive of any other of said rights,
remedies and benefits or of any other rights,remedies and benefits allowed by law. .
31. LEASE BINDING: The provisions of this lease shall be binding upon and shall be for the
benefit of Management and Tenant and their respective successors in interest.
32. ADDITIONAL DOCUMENTS: The Lessee hereby agrees to execute and deliver, if and to
the extent necessary, any additional certifications, agreements and other documents as may be required
from time to time by the Florida Housing Finance Agency with respect to the occupancy, prospective
occupancy or continued occupancy of the Premises by the Lessee and all other occupants of the
Premises.
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33. RADON GAS DISCLOSURE STATEMENT: This disclosure is required by. Florida
radioactive en it i accumulated in a
Statutes 404.056(8): Radon is a naturally occurring gas that, when is Y g g
building in sufficient quantities, may..present health risks to persons who are exposed to it over time.
Levels of radon that exceed federal and state guidelines have been found in buildings in Florida.
Additional information regarding radon and radon testing may be obtained from your county public
health unit.
34. AUDIT: Errors found through audit by Management in the term of lease or the amount of rent
is grounds for correction to this lease agreement.
35. RETURN OF SECURITY DEPOSIT: Tenant promises to deliver the premises in good
condition upon termination of tenancy. Management will deduct from your security deposit, the cost, if
any, of doing the following work:
Fixing any damage, defects, or deterioration to your apartment or building caused by you or an
occupant or guest of your apartment. Cleaning the apartment, including the stove, oven, refrigerator,
closets cabinets, tiles, etc. Removal and disposal of any garbage, trash or furniture left by you in the
apartment. Removal of all nails screws fasteners from the walls or ceilings, and patching or plastering
all holes. Cleaning and waxing all tiles floors. Cleaning the carpet and leaving it spotless and odorless.
Re-keying or changing the lock due to failure to return keys. Curing any other violations by you of the
terms of this lease.
36. NO BROKER: You represent that no agent or real estate broker, other than Miami Beach
Community Development Corporation, has introduced you or shown you the apartment and that no
other agent or broker is entitled to any commission in connection with this lease. You agree to
indemnify the lessor with respect to any such claim.
37. TENANTS NON-MONETARY OBLIGATIONS: Tenant agrees not to make loud
noise,play an instrument, radio or television so that it disturbs your neighbors or in any way breach the
peace. If anyone in the building complains about noise from your apartment, you agree to immediately
curtail the noise. You must respect other resident's privacy and right to quiet enjoyment. Keep
air-filters, refrigerator, and plumbing facilities clean and sanitary. Remove and dispose of trash
by bagging and disposing of trash only in the properly designated area of the building. Not use,
keep, or store any toxic or flammable material considered hazardous by any insurance company. No
bicycle is to be kept in the lobby, halls, or stairwells. You are fully responsible for the conduct and
actions of all your guests and invitees. A $25 fine per incident will be assessed to any resident found
to be in violation of the above conditions.
38.TERMINATION: In the event that Tenant violates paragraphs 14, 18, 23 or any other
provisions of this Lease and Management elects to terminate this Lease, Management shall serve
written notice to Tenant specifying the grounds for termination at least thirty (30) days before said
termination.
VIOLATION OF ANY PROVISION OF THIS LEASE MAY SUBJECT THIS LEASE TO
TERMINATION AND DEPOSIT FORFEITURE.
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MANAGEMENT
MIAMI BEACH COMMUNITY DEVELOPMENT CORP. TENANT(S)
p '")/ 44
OB 'TO DATO' ' ,PRESID r T PEDRO BAR UIN
And/or Magda S. iso,
Director Property Manager and/or .'� /,
Property Management Agent YASMELY RIQUEZ //
KEYS RECEIVED: X Unit X Mail X Entry n/a Trash Room
LOCKS: You agree not to change your lock or install any additional locks on any doors without the
prior written approval by Management. In case of such approval, you must furnish Management with
duplicate keys before installation of the lock(s).
Addendum: Tenant shall notify Management/owner of intent to vacate the unit in the form of a 30-
day written notice. Management/Owner shall notify tenant of intent of non-renewal in the form of a
30-day written notice.. (DOES NOT APPLY TO SECTION 8 TENANTS)
Tenants responsibilities are to pay the following:Electric & telephone.
Owner provides the following: Central a/c, water,garbage, sewer, range, refrigerator, ceiling fans&
water-heater.
THE LOTTIE APARTMENTS. C/O MB CD C DOES NOT DISCRIMINATE ON THE BASIS OF
HANDICAPPED STATUS IN THE ADMISSION OR ACCESS TO, OR TREATMENT OR
EMPLOYMENT IN,ITS FEDERALLY ASSISTED PROGRAMS AND ACTIVITIES.
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ATTACHMENTS TO THIS LEASE AGREEMENT
The tenant certifies that he/she has received a copy of this Agreement and the following
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Attachment to this Agreement and understands that this Attachment is part of this Lease Agreement.
A. Attachment#1 -Tenancy Addendum Section 8 Tenant-Based Assistance Housing
Choice Voucher Program
Initials: L
Initial:
1 V 2
2 Bdrm/2Bath
50 % AMI
MBCDC: LOTTIE APARTMENTS
LEASE AGREEMENT
- - - This lease agreement ("lease") is made this 31St,January, 2014 between Lessor: MBCDC: LOTTIE
APARTMENTS., Whose address for the purpose of this lease is C/O MIAMI BEACH
COMMUNITY DEVELOPMENT CORPORATION, 945 PENNSYLVANIA AVENUE, MIAMI
BEACH, FL 33139, (hereinafter "Management") and the Lessee [s]("Resident "/ "Tenant"):
MAYRA MORALES & MELANIE MORALES . In consideration of(a) Resident's representations
in Resident's rental application, and (b) Resident's payment of the rent and performance of the other
provisions of this leases Management leases to Resident apartment UNIT 103 ("premises") in the
apartment community known as "MBCDC:LOTTIE APARTMENTS" located at 530-75th Street,
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Miami Beach,Florida 33141
OCCUPANCY: Only the following individuals may occupy the premises:
NAME RELATIONSHIP
MAYRA MORALES Head of Household,
MELANIE MORALES DAUGHTER
Lease expires: January 31st, 2015
1. TERM: This lease shall be 12 months beginning the 1st February, 2014 .If resident takes
possession of the premises prior to the commencement date of this lease, Resident shall pay rent at the
rate and in the manner required by this lease and such possession in all other respects shall be subject to
the applicable provisions of this lease.
2. RENT: During the term of this lease, Resident shall pay as rent$ 8,052.00/year payable in
monthly installments of$671.00 in advance on or before the first day of each month commencing with
the commencement date of this lease. If Resident does not pay the monthly installment of rent in a
sufficiently timely manner so as to permit its receipt by Management on or before the due date,
Resident shall deliver and pay the monthly installment of rent by Money Order, Certified Check or
Cashier's Check. The rent includes the following utilities:, WATER, SEWER
AND GARBAGE. Resident will pay all other . utility charges including
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electric, telephone, and cable television. Light bulbs and air-filters are to
be replaced at the expense of each resident. Resident shall not waste or
misuse any.utilities furnished by Management. .
3. LATE CHARGE AND RETURN CHECK CHARGE: Resident shall pay a late charge of
$10.00 if the monthly installment of rent is not received by Management by the FIFTH (5TH),day of
the month in which it is due, PLUS $5.00 PER DAY THEREAFTER until the amount due is paid
in full. Resident shall in addition to the late charge also pay Management a $30.00 processing charge
for any Resident's check which is returned because of insufficient funds (NSF), a closed account or any
other similar cause. ALL payments made to replace insufficient (NSF) checks MUST be made by
Money Order, Certified Check or Cashier's Check and Management shall reserve the right to require
Resident to pay the monthly installment of rent by Money Order, Certified Check or Cashier's Check.
Rent shall not be considered paid until actually received by management.
4. ACCELERATION: If Resident should default under this lease, Management shall have the
right to accelerate the payment of the rent reserved for the balance of the term of this lease and declare
said amount due and payable to Management forthwith. If Management should elect to accelerate as
above provided, Resident may not be liable for the total accelerated amount claimed by Management
becauseof Management's obligation to minimize damages, and either Management or Resident may
have a court determine the actual amount, if any, owed by Resident as a result of Management's
acceleration.
5. ADDITIONAL CHARGES: If the Resident should default under this lease requiring
Management to take legal action and Management prevails in said legal action, Resident shall pay all of
Management's attorney's fees and other charges, costs, expenses and damages no later than the next
monthly rental installment due date.
6. SECURITY DEPOSIT: Resident hereby deposits with Management the sum of $707.00
(PAID) as a security deposit under this Lease Agreement, the receipt of which is hereby
acknowledged, which sum shall be held by Management in a separate non-interest bearing account and
upon the following terms and conditions: N_PAYMENT ARRANGEMENT
A. As security for the performance by residents of all the terms, conditions and covenants of
this Lease Agreement; and
B. If resident breaks the lease, or moves out before the end of lease term, or in the event of
default of any kind or nature by Resident, then in such an event Management shall be deemed
authorized to retain security deposit as liquidated, stipulated and agreed upon damages,or Management
may offset security deposit against actual loss or damage sustained by Management; provided,
however, that in no event shall Management be deprived of any other remedy, whether at law or equity
or reserved by the terms of this Lease Agreement, regardless of retention by Management of the
security deposit; RESIDENT MAY NOT USE THE SECURITY DEPOSIT TO PAY RENT and
C. Within 15 days from the expiration of the term of this Lease Agreement, and in the event
that there has been no default of any kind whatsoever on the part of Resident, said security deposit shall
be returned to Resident or the Management shall give written notice of Management's intention to
impose a claim against said security deposit on account of loss or damage to real property or to the
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items constituting fixtures in demised premises, reasonable wear and tear expected.
D. The fact that Management holds a security deposit shall not affect Management's right to
obtain possession of the premises for non-payment of rent.
E. Lessee MAY NOT USE THE SECURITY DEPOSIT TO PAY RENT. If during the term
of this lease the lessor elects to apply all or part of the security deposit to cure a violation committed by
the lessee, then within 3 days after notice from the lessor, the lessee agrees to pay sufficient monies to
restore the security deposit to the original sum deposited.
7. PURPOSE: Resident are to occupy the premises only as a private residential dwelling.
8. POSSESSION: Resident shall not be entitled to possession of the premises until (a) Resident
and Management have signed this lease, and (b).the prior Resident has vacated the premises and (c)
Resident has paid the rent for the first month of the lease term and the security deposit. If the Resident
is unable to take possession at the commencement date of the lease because the premises are not ready
for occupancy or because a prior Resident is holding over or because of any cause beyond
Management's control, the lease term will begin on the first day of the following month provided that
possession can be delivered to the Resident by that time. If possession cannot be delivered by that
time, either party to this lease shall have the right to terminate this lease.
9. ASSIGNMENT AND SUBLEASE: Resident shall not assign this lease nor sublet the
premises without first obtaining Management's written consent. Any sublease shall be on
Management's sublease form and shall be signed by all persons therein designated.
10. USE OF PREMISES: Resident shall use and occupy the premises in a clean and wholesome
manner and in compliance with all applicable governmental requirements, including all public health,
police and fire regulations relating to such use and occupancy to the full extent required by law.
Resident shall not use or operate any equipment or machinery that is harmful to the premises or to the
apartment, community or that is disturbing to other residents of the apartment community. Resident
shall not employ any person or persons in or about the premises whose employment may by law
constitute or create a liability on the part of Management. Resident shall not hire as Resident's
employee any of Management's employees to perform any services at the apartment community.
11. CONDITION OF PREMISES AND REPAIRS BY RESIDENT: Resident
acknowledges that Management has made no representations regarding the condition or state of repairs
of the premises except as expressly set forth in this lease.
RESIDENT AGREES TO BE RESPONSIBLE FOR, AND TO REPAIR AT RESIDENT'S
EXPENSE, ANY DAMAGE THAT OCCURS DURING THE TERM OF THIS LEASE. Resident
agrees to pay any damage done to the premises caused by resident's misuse, recklessness or neglect,
willful or otherwise. Resident shall not cause, allow or permit any waste, misuse or neglect of the
premises and shall pay in advance for the repair of any damages so caused by resident or resident's
guest. During the term of this lease, the Resident shall keep the premises in good repair to the full
extent required by law, and at the expiration of the term of this lease the Resident shall return the
premises to Management in as good condition as when taken, except for reasonable use and wear.
If the Resident should fail to make required repairs and replacements, then Management shall have
the right to enter the premises without causing or constituting a termination of this lease, and at the
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Resident's cost, make the required repairs or replacement. Resident shall pay the lawful expenses so
incurred on the next ensuing monthly rental installment due date. Management shall also have the
right to enter the premises without causing or constituting a termination of this lease, in order to install
a separate meter to measure the consumption of heating fuel or other utilities at the premises in the
event that Management should decide to do so, Management's entry into the premises shall be at
reasonable times and in the manner prescribed by law.
12. ACCESS TO PREMISES: Management shall have reasonable access to the premises to the
extent permitted by law. You agree to allow management to enter your apartment for inspection,
extermination, or to make necessary repairs or improvements.
13. ALTERATIONS: Resident shall make no alterations, decorations, additions or
improvements in or to the premises or to Management's equipment or fixtures in the premises..
Resident shall not install any fixture or equipment without Management's prior written consent, and
then only by contractors or mechanics first approved in writing by the Management. Any such
installation by Resident without Management's prior written consent may be removed by Management,
and Resident shall pay Management's cost thereon on the next monthly rental installment due date. In
the event that Management's written consent is received, Resident shall cause such work to be done at
such times and in such a manner as Management shall designate in writing and Resident shall pay for
same in a prompt manner. Any mechanic's lien filed against the premises or the apartment community
for work claimed to have been done for or materials claimed to have been furnished to Resident shall
be discharged by the Resident within ten days thereafter. Management shall have the right,but not the
obligation to pay or discharge any such mechanic's lien. If Management should elect to exercise this
right, the Resident shall forthwith pay to management the amount so expended.
14. RULES AND REGULATIONS: Resident shall comply with all of the rules and regulations
governing the premises and the apartment community and shall comply with all of Management's
changes and additions to the rules and regulations. Failure to do so will result in the termination of a
resident's lease.
15. DAMAGE BY FIRE OR OTHER CASUALTY: If the premises are partially damaged by
fire or other casualty but can be restored to tenantable condition, Management shall repair the premises
with reasonable dispatch. The Resident's obligation to pay rent shall be suspended during the time that
the premises remain untenantable. If the premises are destroyed by fire or other casualty or if the
premises cannot be restored to tenantable condition within a reasonable time, either party shall have
the right to terminate this lease by written notice to the other party. Management is not liable for any
damage to resident's furniture, clothes or other personal items due to casualty including but not limited
to: water, wind,burst pipe, or leak in the roof, windows or side of the building.
16. WAIVER OF SUBROGATION: Each party releases the other party from any liability for
loss, damage or injury caused by the fire or other casualty for which insurance (permitting waiver of
liability and waiver of insurer's rights of subrogation) is carried by the insured party to the extent of
any recovery by the insured party under such insurance policy. Management at its sole expense shall
obtain fire and extended coverage insurance covering the buildings in the apartment community.
Resident, at Resident's sole expense, shall obtain fire and extended coverage insurance covering
Resident's personal property in the premises and at the apartment community, i.e. "Renter's
Insurance. "
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17. EMINENT DOMAIN: If any part of the premises is condemned by any governmental
authority, then this lease shall terminate as of the date that possession is taken by the governmental
authority. Under this provision, Resident agrees to waive all rights to claim compensation from
Management.
18. DEFAULT: If the Resident should default under this lease by failure to pay the rent when
due, violate or fail to perform any of the terms, conditions, or obligations of this agreement, vacate or
abandon the apartment before the end of the lease term, or if Resident's statements in the rental
application are found to be incorrect or untrue; Management shall have the right to terminate this lease
and to repossess the premises; and cause the Resident to vacate the premises in the manner provided by
law. If this should occur, Resident shall pay Management the expense incurred in obtaining possession
of the premises and all other damages sustained by Management to the extent permitted by law.
19. SEVERABILITY: If any provision of this lease should be or become invalid, such invalidity
shall not in any way affect any of the other provisions of this lease which shall continue to remain in
full force and effect.
20. WAIVER: If Management should waive any provisions of this lease, it shall not be
construed as a waiver of a further breach of such provision.
21. MODIFICATIONS: No modification of this lease shall be binding unless in writing signed
by the Resident and by an authorized agent of Management and countersigned by an officer of the
management company.
22. RIGHT TO MORTGAGE: Management shall have the right to subordinate this lease to any
mortgage now or hereafter placed on the premises or on the apartment community. At Management's
request, Resident shall execute and deliver such documents as may be required in order to accomplish
the purposes of this paragraph.
23. MORTGAGE: Financing for the Florida Housing Finance Agency provided this apartment
community, and Low Income Housing Tax Credits. The Tax Credit Program and other financing
sources require an income certification by the resident certifying that all information set forth therein is
true complete and correct. If any information contained within the certification should prove to be
untrue, incomplete, or incorrect, Management has the right to terminate this lease. These income
certifications shall be renewed annually.
24. LIABILITY: In the event that this lease should be signed as Resident by more than one
person, then the liability of the persons signing shall be joint and several.
25. QUIET ENJOYMENT: Upon Resident paying the rent and performing all of the other
provisions of this lease, Management agrees that Resident shall peacefully and quietly have, hold and
enjoy the premises during the term of this lease.
26. PETS: RESIDENT OR RESIDENT'S GUESTS SHALL KEEP NO PETS IN, AT OR
ABOUT THE PREMISES.
Initial:
27. STORAGE OF PROPERTY: If Management should provide storage space, Resident's
property shall only be stored in the space designated by Management. This storage space shall be
subject to all applicable provisions of this lease. .
28. NOTICE OF
INTENTION TO VACATE OR RENEW: At least thirty (30) days before the
end of this lease, (i) if Management refuses to renew the lease, Management shall provide tenant with
written notice specifying the grounds for said refusal, or (ii) if the tenancy will be renewed,
Management shall notify Resident in writing of any increase/decrease in rent for the following year and
Resident shall notify management in writing that Resident offers to sign a new lease at the rent set by
Management in the manner permitted by law and subject to all provisions of this lease which may be
applicable, or that the premises will be vacated at the end of this lease. The Resident's written notice
shall indicate the names and family relationship of each of the occupants. Notwithstanding anything
herein to the contrary, Management shall not be obligated to enter a new lease. Resident shall deliver
the keys of the premises to Management at the time Resident vacates premises. Any of Resident's
property left in, at or about the premises at the time the Resident vacates the premises shall be deemed
to be abandoned by the Resident and Resident hereby authorized Management to dispose of same as
abandoned property. Until the keys are delivered to Management as evidenced by Management's
receipt therefore, the Resident shall remain liable under this lease to the extent permitted by law. Keys
shall be delivered to Management upon vacating the premises and in any event no later than 12:00 noon
on the next business day following the expiration of the term of this lease and/or the Resident's vacating
of the premises. (DOES NOT APPLY TO SECTION 8 TENANTS)
29. NOTICE OF INJURIES: In the event of any injuries to Tenant tenants family, guests, or
invitee's or in the event of any damage to any of their property that is allegedly caused by the
negligence of Management or its agents or employees, Tenant shall give Management a written notice
of the occurrence of the injury or damage within five (5) days of the happening thereof. The written
notice shall be delivered to Management at Management's office set forth in the introductory clause-
preceding Paragraph 1 above, or at such other address, which Management should hereafter furnish in
writing to the Tenant. Management shall not be liable for any injury, damage or loss resulting from any
accident or occurrence, acts of other tenants, wrongful or criminal acts of any third party in or upon the
building or your apartment sustained by you or any person claiming through you.
30. REMEDIES NOT EXCLUSIVE: Each and every of the rights, remedies and benefits
provided by this lease shall be cumulative and shall not be exclusive of any other of said rights,
remedies and benefits or of any other rights,remedies and benefits allowed by law.
31. LEASE BINDING: The provisions of this lease shall be binding upon and shall be for the
benefit of Management and Tenant and their respective successors in interest.
32. ADDITIONAL DOCUMENTS: The Lessee hereby agrees to execute and deliver, if and to
the extent necessary, any additional certifications, agreements and other documents as may be required
from time to time by the Florida Housing Finance Agency with respect to the occupancy, prospective
occupancy or continued occupancy of the Premises by the Lessee and all other occupants of the
Premises.
33. RADON GAS DISCLOSURE STATEMENT: This disclosure is required by Florida
Statutes 404.056(8): Radon is a naturally occurring radioactive gas that, when it is accumulated in a
Initi V
building in sufficient quantities, may present health risks to persons who are exposed to it over time.
Levels of radon that exceed federal and state guidelines have been found in buildings in Florida.
• Additional information regarding radon and radon testing may be obtained from your county public
health unit.
34. AUDIT: Errors found through audit by Management in the term of lease or the amount of rent
is grounds for correction to this lease agreement.
35. RETURN OF SECURITY DEPOSIT: Tenant promises to deliver the premises in good
condition upon termination of tenancy. Management will deduct from your security deposit, the cost, if
any, of doing the following work:
Fixin g any damage, defects, or deterioration to your apartment or building caused by you or an
Y
occupant or guest of your apartment. Cleaning the apartment, including the stove, oven, refrigerator,
closets cabinets, tiles, etc. Removal and disposal of any garbage, trash or furniture left by you in the
apartment. Removal of all nails screws fasteners from the walls or ceilings, and patching or plastering
all holes. Cleaning and waxing all tiles floors.-Cleaning the carpet and leaving it spotless and odorless.
Re-keying or changing the lock due to failure to return keys. Curing any other violations by you of the
terms of this lease.
36. NO BROKER: You represent that no agent or real estate broker, other than Miami Beach
Community Development Corporation, has introduced you or shown you the apartment and that no
other agent or broker is entitled to any commission in connection with this lease. You agree to
indemnify the lessor with respect to any such claim.
37. TENANTS NON-MONETARY OBLIGATIONS: Tenant agrees not to make loud
noise, play an instrument, radio or television so that it disturbs your neighbors or in any way breach the
peace. If anyone in the building complains about noise from your apartment, you agree to immediately
curtail the noise. You must respect other resident's privacy and right to quiet enjoyment. Keep
• facilities clean and sanitary. Remove and dispose of trash
_ refrigerator, and plumbing rY
g
air filters, p
by bagging and disposing of trash only in the properly designated area of the building. Not use,
keep, or store any toxic or flammable material considered hazardous by any insurance company. No
bicycle is to be kept in the lobby, halls, or stairwells. You are fully responsible for the conduct and
actions of all your guests and invitees. A $25 fine per incident will be assessed to any resident found
to be in violation of the above conditions.
38. 'TERMINATION.
In the event that Tenant violates paragraphs 14, 18, 23 or any other
provisions of this Lease and Management elects to terminate this Lease, Management shall serve
written notice to Tenant specifying the grounds for termination at least thirty (30) days before said
termination.
VIOLATION OF ANY PROVISION OF THIS LEASE MAY SUBJECT THIS LEASE TO
TERMINATION AND DEPOSIT FORFEITURE.
MANAGEMENT
MIAMI BEACH COMMUNITY DEVELOPMENT CORP. TENANT(S)
Initial: A //11
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,,. .11111111/411110
By:
RL KENNE ,VIC:PRESIDENT 'MA 2;,�MORAL pr
and/or
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a
Property Management Agent Melanie Morales
KEYS RECEIVED: X Unit X Mail X Entry n/a Trash Room
LOCKS: You agree not to change your lock or install any additional locks on any doors without the
prior written approval by Management.In case of such approval, you must furnish Management with
duplicate keys before installation of the lock(s).
Addendum: Tenant shall notify Management/owner of intent to vacate the unit in the fora of a 30-
day written notice. Management/Owner shall notify tenant of intent of non-renewal in the form of a
30-day written notice.. (DOES NOT APPLY TO SECTION 8 TENANTS)
Tenants responsibilities are to pay the following:Electric & telephone.
Owner provides the following: Central a/c, water,garbage, sewer, range, refrigerator, ceiling fans&
water-heater.
THE LOTTIE APARTMENTS. C/O MBCDC DOES NOT DISCRIMINATE ON THE BASIS OF
HANDICAPPED STATUS IN THE ADMISSION OR ACCESS TO, OR TREATMENT OR
EMPLOYMENT IN, ITS FEDERALLY ASSISTED PROGRAMS AND ACTIVITIES.
Initial:
ATTACHMENTS TO THIS LEASE AGREEMENT
The tenant certifies that he/she has received a copy of this Agreement and the following
Attachment to this Agreement and understands that this Attachment is part of this Lease Agreement.
A. Attachment#1 - Tenancy Addendum Section 8 Tenant- Based Assistance Housing
Choice Voucher Program
Initials: P-n--10/1-
Initial:
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2 Bdrm/2Bath
50 % AMI
MBCDC: LOTTIE APARTMENTS
LEASE AGREEMENT
This lease agreement ("lease") is made this 27th, November, 2013 between Lessor: MBCDC:
LOTTIE APARTMENTS. Whose address for the purpose of this lease is C/O MIAMI BEACH
COMMUNITY DEVELOPMENT CORPORATION, 945 PENNSYLVANIA AVENUE, MIAMI
BEACH, FL 33139, (hereinafter "Management") and the Lessee [s]("Resident "/ "Tenant"):
Guillermo Perez Gonzalez and Yanet N. Mendez Marrero . In consideration of (a) Resident's
representations in Resident's rental application, and (b) Resident's payment of the rent and performance
of the other provisions of this lease, Management leases to Resident apartment UNIT 104 ("premises")
in the apartment community known as "THE LOTTIE APARTMENTS located at 530-75th Street,
Miami Beach, Florida 33141
OCCUPANCY: Only the following individuals may occupy the premises:
NAME RELATIONSHIP
Guillermo Perez Gonzalez Head of Household
Yanet N. Mendez Marrero Spouse
Catherine Perez Child
Mia Andrea Perez Child
Lease expires: November 30th, 2014
1. TERM: This lease shall be 12 months beginning the 1st December, 2013 .If resident takes
possession of the premises prior to the commencement date of this lease, Resident shall pay rent at the
rate and in the manner required by this lease and such possession in all other respects shall be subject to
the applicable provisions of this lease.
2. RENT: During the term of this lease, Resident shall pay as rent$ 8,304.00/year payable in
monthly installments of$692.00 in advance on or before the first day of each month commencing with
the commencement date of this lease. If Resident does not pay the monthly installment of rent in a
sufficiently timely manner so as to permit its receipt by Management on or before the due date,
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Resident shall deliver and pay the monthly installment of rent by Money Order, Certified Check or
Cashier's Check. The rent includes the following utilities:, WATER, SEWER
AND GARBAGE.. Resident will pay all other utility charges including
electric, telephone, and cable television. Light bulbs and air-filters are to
be replaced at the expense of each resident. Resident shall not waste or
misuse any utilities furnished by Management.
3. LATE CHARGE AND RETURN CHECK CHARGE: Resident shall pay a late charge of
$10.00 if the monthly installment of rent is not received by Management by the FIFTH (5TH) day of
the month in which it is due, PLUS $5.00 PER DAY THEREAFTER until the amount due is paid
in full. Resident shall in addition to the late charge also pay Management a $30.00 processing charge
for any Resident's check which is returned because of insufficient funds (NSF), a closed account or any
other similar cause'. ALL payments made to replace insufficient (NSF) checks MUST be made by
Money Order, Certified Check or Cashier's Check and Management shall reserve the right to require
Resident to pay the monthly installment of rent by Money Order, Certified Check or Cashier's Check.
Rent shall not be considered paid until actually received by management.
4. ACCELERATION: If Resident should default under this lease, Management shall have the
right to accelerate the payment of the rent reserved for the balance of the term of this lease and declare
said amount due and payable to Management forthwith. If Management should elect to accelerate as
above provided, Resident may not be liable for the total accelerated amount claimed by Management
becauseof Management's obligation to minimize damages, and either Management or Resident may
have a court determine the actual amount, if any, owed by Resident as a result of Management's
acceleration.
5. ADDITIONAL CHARGES: If the Resident should default under this lease requiring
Management to take legal action and Management prevails in said legal action, Resident shall pay all of
Management's attorney's fees and other charges, costs, expenses and damages no later than the next
monthly rental installment due date.
6. SECURITY DEPOSIT: Resident hereby deposits with Management the sum of $692.00
(PAID) as a security deposit under this Lease Agreement, the receipt of which is hereby
acknowledged, which sum shall be held by Management in a separate non-interest bearing account and
upon the following terms and conditions: N/A PAYMENT ARRANGEMENT
A. As security for the performance by residents of all the terms, conditions and covenants of
this Lease Agreement; and
B. If resident breaks the lease, or moves out before the end of lease term, or in the event of
default of any kind or nature by Resident, then in such an event Management shall be deemed
authorized to retain security deposit as liquidated, stipulated and agreed upon damages, or Management
may offset security deposit against actual loss or damage sustained by Management; provided,
however, that in no event shall Management be deprived of any other remedy, whether at law or equity
or reserved by the terms of this Lease Agreement, regardless of retention by Management of the
security deposit;RESIDENT MAY NOT USE THE SECURITY DEPOSIT TO PAY RENT and
C. Within 15 days from the expiration of the term of this Lease Agreement, and in the event
Initial: / /0
that there has been no default of any kind whatsoever on the part of Resident, said security deposit shall
be returned to Resident or the Management shall give written notice of Management's intention to
impose a claim against said security deposit on account of loss or damage to real property or to the
items constituting fixtures in demised premises, reasonable wear and tear expected.
D. The fact that Management holds a security deposit shall not affect Management's right to
obtain possession of the premises for non-payment of rent.
E. Lessee MAY NOT USE THE SECURITY DEPOSIT TO PAY RENT. If during the term
of this lease the lessor elects to apply all or part of the security deposit to cure a violation committed by
the lessee, then within 3 days after notice from the lessor, the lessee agrees to pay sufficient,monies to
restore the security deposit to the original sum deposited.
7. PURPOSE: .Resident are to occupy the premises only as a private residential dwelling. .
8. POSSESSION: Resident shall not be entitled to possession of the premises until (a) Resident
and Management have signed this lease, and (b) the prior Resident has vacated the premises and (c)
Resident has paid the rent for the first month of the lease term and the security deposit. If the Resident
is unable to take possession at the commencement date of the lease because.the premises are not ready
for occupancy or because a prior Resident is holding over or because of any cause. beyond
Management's control, the lease term will begin on the first day of the following month provided that
possession can be delivered to the Resident by that time. If possession cannot be delivered by that
time, either party to this lease shall have the right to terminate this lease.
9. ASSIGNMENT AND SUBLEASE: Resident shall not assign this lease nor sublet the
premises , without first obtaining Management's written consent. Any sublease shall be on
Management's sublease form and shall be signed by all persons therein designated. .
10. USE OF PREMISES: Resident shall use and occupy the premises in a clean and wholesome
manner and in compliance with all applicable governmental requirements, including all public health,
police and fire regulations relating to such use and occupancy to the full extent required by law.
Resident shall not use or operate any equipment or machinery that is harmful to the premises or to the
apartment, community or that is disturbing to other residents of the apartment community. Resident
shall not employ any person or persons in or about the premises whose employment may by law
constitute or create a liability on the part of Management. Resident shall not hire as Resident's
employee any of Management's employees to perform any services at the apartment community.
11. CONDITION OF PREMISES AND REPAIRS BY.RESIDENT: . Resident
acknowledges that Management has made no representations regarding the condition or state of repairs
of the premises except as expressly set forth in this lease.
RESIDENT AGREES TO BE RESPONSIBLE FOR, AND TO REPAIR AT RESIDENT'S
EXPENSE, ANY DAMAGE THAT OCCURS DURING THE TERM OF THIS LEASE. Resident
agrees to pay any damage done to the premises caused by resident's misuse, recklessness or neglect,
willful or otherwise. Resident shall not cause, allow or permit any waste, misuse or neglect of the
premises and shall pay in advance for the repair of any damages so caused by resident or resident's
guest. During the term of this lease, the Resident shall keep the premises in good repair to the full
Initial:
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extent required by law, and at the expiration of the term of this lease the Resident shall return the
premises.to Management in as good condition as when taken, except for reasonable use and wear.
If the Resident should fail to make required repairs and replacements, then Management shall have
the right to enter the premises without causing or constituting a termination of this lease, and at the
Resident's cost, make the required repairs or replacement. Resident shall pay the lawful expenses so
incurred on the next ensuing monthly rental installment due date. Management shall also have the
right to enter the premises without causing or constituting a termination of this lease, in order to install
a separate meter to measure the consumption of heating fuel or other utilities at the premises in the
event that Management should decide to do so, Management's entry into the premises shall be at
reasonable times and in the manner prescribed by law.
12. ACCESS TO PREMISES: Management shall have reasonable access to the.premises to the
extent permitted by law. You agree to allow,management to enter your apartment for inspection,
extermination,-or-to make necessary repairs or improvements.
13. ALTERATIONS: Resident shall make no alterations, decorations, .additions or
improvements in or to the premises or to Management's_ equipment or fixtures in the premises.
Resident shall not install any fixture or equipment without Management's prior written consent, and
then only by contractors or mechanics first approved in writing by the Management. .Any such
installation by Resident without Management's prior written consent may be removed by Management,
and Resident shall pay Management's cost thereon on the next monthly rental installment due date. In
the event that Management's written consent is received, Resident shall cause such work to be done at
such times and in such a manner as Management shall designate in writing and Resident shall pay for
same in a prompt manner. Any mechanic's lien filed against the premises or the apartment community
for work claimed to have been done for,or materials claimed to have been furnished to Resident.shall
be discharged by the Resident within ten days thereafter. 'Management shall have the right, but not the
obligation to pay or discharge any such mechanic's lien. If Management should elect to exercise this
right, the Resident shall forthwith pay to management the amount so expended.
14. RULES AND.REGULATIONS: Resident shall comply with all of the rules and regulations
governing the premises and the apartment community and shall comply with all of Management's
changes and additions to the rules and regulations. Failure to do so will result in the termination of a
resident's lease.
15. DAMAGE BY FIRE OR OTHER CA SUALTY: If the premises are partially damaged by
fire or other casualty but can be restored to tenantab le condition, Mana ement shall repair the premises
Resident's obligation to pay reasonable dispatch. The R p Y rent shall be suspended during the time that g
the premises remain untenantable. If the premises are destroyed by fire or other_ casualty or if the
premises cannot be restored to tenantable condition within a reasonable time, either party shall have
the right to terminate this lease by written notice to the other party. Management is not liable for any
damage to resident's furniture, clothes or other personal items due to casualty including but not limited
to water, wind, burst pipe, or leak in the roof, windows or side of the building.
16. WAIVER OF SUBROGATION: Each party releases the other party from any liability for
loss, damage or injury caused by the fire or other casualty for which insurance (permitting waiver of
liability and waiver of insurer's rights of subrogation) is carried by the insured party to the.extent of
any recovery by the insured party under such insurance policy. Management at its sole expense shall
Initial:
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obtain fire and extended coverage insurance covering the buildings in the apartment community.
Resident, at Resident's sole expense, shall obtain fire and extended coverage insurance covering
Resident's personal property in. the premises and at the apartment community, i.e. "Renter's
Insurance. "
17. EMINENT DOMAIN: If any part of the premises is condemned by any governmental
authority, then this lease shall terminate as of the date that possession is taken by the governmental
authority. Under this provision, Resident agrees to waive all rights to claim compensation from
Management.
18. DEFAULT: If the Resident should default under this lease by failure to pay the rent when
due, violate or fail to perform any of the terms, conditions, or obligations of this agreement, vacate or
abandon the apartment before the .end of.the lease term, or if Resident's, statements in the rental
application are found to be incorrect or untrue; Management shall have the right to terminate this lease
and to repossess the premises; and cause the Resident to vacate the premises in the manner provided by
law. If this should occur, Resident shall pay Management the expense incurred in obtaining possession
of the premises and all other damages sustained by Management to the extent permitted by law.
19. SEVERABILITY: If any provision of this lease should be or become,invalid, such invalidity
shall not in any way affect any of the other provisions of this lease which shall continue to remain,in
full force and effect.
20. WAIVER: If Management .should waive any provisions of this lease, it shall not be
construed as a waiver of a further breach of such provision.
21. MODIFICATIONS: No modification of this lease shall be binding unless in writing signed
by the Resident and by an authorized agent of Management and countersigned by an officer of the
management company.
22. RIGHT TO MORTGAGE: Management shall have the right to subordinate this lease to any
mortgage now or hereafter placed on the premises or on the apartment community. At Management's
request, Resident shall execute and deliver such documents as may be required in order to accomplish
the purposes of this paragraph.
23. MORTGAGE: Financing for the Florida Housing Finance Agency provided this apartment
community, and Low Income Housing Tax Credits. The Tax Credit Program and other financing
sources require an income certification by the resident certifying that all information set forth therein is
true complete and correct. If any information contained within the certification should prove to be
untrue, incomplete, or incorrect, Management has the right to terminate this lease. These income
certifications shall be renewed annually.
24. LIABILITY: In the event that this lease should be signed as Resident by more than one
person, then the liability of the persons signing shall be joint and several.
25. QUIET ENJOYMENT: Upon Resident paying the rent and performing all of the other
provisions,of this lease, Management agrees that Resident shall peacefully and quietly have, hold and
enjoy the premises during the term of this lease.
Initial: 6' 1
26. PETS: RESIDENT OR RESIDENT'S GUESTS SHALL KEEP NO PETS IN, AT OR
ABOUT THE PREMISES. .
27. STORAGE OF PROPERTY: If Management should provide storage space, Resident's
property shall only be stored in the space designated by Management. This storage space shall be
subject to all applicable provisions of this lease.
28. NOTICE OF INTENTION TO VACATE OR RENEW: At least thirty (30) days before the
end of this lease, (i) if Management refuses to renew the lease, Management shall provide tenant with
written notice specifying the grounds for said refusal, or (ii) if the tenancy will be renewed,
Management shall notify Resident in writing of any increase/decrease in rent for the following year and
Resident shall notify management in writing that Resident offers to sign a new lease at the rent set by
Management in the manner permitted by law and subject to all provisions of this lease which may be
applicable, or that the premises will be vacated at the end of this lease. The Resident's written notice
shall indicate the names and family relationship of each of the occupants. Notwithstanding anything
herein to the contrary, Management shall not be obligated to enter a new lease. Resident shall deliver
the keys of the premises to-Management at the time Resident vacates premises.. Any of Resident's
property left in, at or about the premises at the time the Resident vacates the premises shall be deemed
to be abandoned by the Resident and Resident hereby authorized Management to dispose of same as
abandoned property. Until the keys are delivered to Management as evidenced by Management's
receipt therefore, the Resident shall remain liable under this lease to the extent permitted by law. Keys
shall be delivered to Management upon vacating the premises and in any event no later than 12:00 noon
on the next business day following the expiration of the term of this.lease and/or the Resident's vacating
of the premises. (DOES NOT APPLY TO SECTION 8 TENANTS),
29. NOTICE OF INJURIES: In the event of any injuries to Tenant tenants family, guests, or
invitee's or in the event of any damage to any of their property that is allegedly caused by the
negligence of Management or its agents or employees, Tenant shall give Management a written notice
of the occurrence of the injury or damage within five.(5) days of the happening thereof. The written
notice shall be delivered to Management at.Management's office set forth in the introductory clause-
preceding Paragraph 1 above, or at such other address, which Management should hereafter furnish in
writing to the Tenant. Management shall not be liable for any injury, damage or loss resulting from any
accident or occurrence, acts of other tenants, wrongful or criminal acts of any third party in or upon the
building or your apartment sustained by you or any person claiming through you.
30. REMEDIES NOT EXCLUSIVE: Each and every of the rights, remedies and benefits
provided by this lease shall be cumulative and shall not be exclusive of any other of said rights,
remedies and benefits or of any other rights, remedies and benefits allowed by law.
31. LEASE BINDING: The provisions of this lease shall be binding upon and shall be for the
benefit of Management and Tenant and their respective successors in interest.
32. ADDITIONAL DOCUMENTS: The Lessee hereby agrees to execute and deliver, if and to
the extent necessary, any additional certifications, agreements and other documents as may be required
from time to time by.the Florida Housing 'Finance Agency with respect to the occupancy, prospective
Initial: (IA
Yiq
occupancy or continued occupancy of the Premises by the Lessee and all other occupants of the
Premises.
33. RADON GAS DISCLOSURE STATEMENT: This disclosure is required by Florida
Statutes 404.056(8): Radon is a naturally occurring radioactive gas that, when it is accumulated in a
building in sufficient quantities, may present health risks to persons who are exposed to it over time.
Levels of radon that exceed federal and state guidelines have been found in buildings in Florida.
Additional information regarding radon and radon testing may be obtained from your county public
health unit.
34. AUDIT: Errors found through audit by Management in the term of lease or the amount of rent
is grounds for correction to this lease agreement.
35. RETURN OF SECURITY DEPOSIT: Tenant promises to deliver the premises in good
condition upon termination of tenancy. Management will deduct from your security deposit, the cost, if
any, of doing the following work:
Fixing any damage, defects, or deterioration to your apartment or building caused by you or an
occupant or guest of your apartment. Cleaning the apartment, including the stove, oven, refrigerator,
closets cabinets, tiles, etc. Removal and disposal of any garbage, trash or furniture left by you in the
apartment. Removal of all nails screws fasteners from the wa lls or ceilings, and patching or plastering
floors. Cleaning the carpet and leaving it spotless and odorless.
all holes. Cleaning and waxing all tiles g rp g p
Re-keying or changing the lock due to failure to return keys. Curing any other violations by you of the
terms of this lease.
36. NO BROKER: You represent that no agent or real estate broker, other than Miami Beach
Community Development Corporation, has introduced you or shown you the apartment and that no
other agent or broker is entitled to any commission in connection with this lease. You agree to
indemnify the lessor with respect to any such claim.
37. TENANTS NON-MONETARY OBLIGATIONS: Tenant agrees not to make loud
noise, play an instrument, radio or television so that it disturbs your neighbors or in any way breach the
peace. If anyone in the building complains about noise from your apartment, you agree to immediately
curtail the noise. You must respect other resident's privacy and right to quiet enjoyment. Keep
air-filters, refrigerator, and plumbing facilities clean and sanitary. Remove and dispose of trash
by bagging and disposing of trash only in the properly designated area of the building. Not use,
keep, or store any toxic or flammable material considered hazardous by any insurance company. No
bicycle is to be kept in the lobby, halls, or stairwells. You are fully responsible for the conduct and
actions of all your guests and invitees. A $25 fine per incident will be assessed to any resident found
to be in violation of the above conditions.
38. TERMINATION: In the event that Tenant violates paragraphs 14, 18, 23 or any other
provisions of this Lease and Management elects to terminate this Lease, Management shall serve
written notice to Tenant specifying the grounds for termination at least thirty (30) days before said
termination.
Initial:
VIOLATION OF ANY PROVISION OF THIS LEASE MAY SUBJECT THIS LEASE TO
TERMINATION AND DEPOSIT FORFEITURE.
MANAGEMENT
MIAMI BEACH COMMUNITY DEVELOPMENT CORP. TEN,r T(S)
4
' O RTO DATO' ' ,PRESID• T GUILLERMO PE' ! : TALEZ
And/or Magda S:ntiso,
/
Director Prope 'y Manager and/or it
Property Management Agent. YANET N.ME•∎DEZ ' ' RO
KEYS RECEIVED: X Unit X Mail X Entry n/a Trash Room
LOCKS: You agree not to change your lock or install any additional locks on any doors without the
prior written approval by Management. In case of such approval, you must furnish Management with
duplicate keys before installation of the lock(s).
Addendum: Tenant shall notify Management/owner of intent to vacate the unit in the form of a 30-
day written notice. Management/Owner shall notify tenant of intent of non-renewal in the form of a
30-day written notice.. (DOES NOT APPLY TO SECTION 8 TENANTS),
Tenants responsibilities are to pay the following:Electric & telephone.
Owner provides the following: Central a/c, water,garbage, sewer, range, refrigerator, ceiling fans &
water-heater.
THE LOTTIE APARTMENTS. C/O MBCDC DOES NOT DISCRIMINATE ON THE BASIS OF
HANDICAPPED STATUS IN THE ADMISSION OR ACCESS TO, OR TREATMENT OR
EMPLOYMENT IN,ITS FEDERALLY ASSISTED PROGRAMS AND ACTIVITIES.
Initial: fi
p/If,.
I -
I
ATTACHMENTS TO THIS LEASE AGREEMENT
The tenant certifies that he/she has received a copy of this Agreement and the following
Attachment to this Agreement and understands that this Attachment is part of this Lease Agreement.
A. Attachment#1 -Tenancy Addendum Section 8 Tenant-Based Assistance.Housing
Choice Voucher Program
•
Initials:
Initial:
7A:-/
2 Bdrm/ 1Bath
50 % AMI
MBCDC: LOTTIE APARTMENTS
LEASE AGREEMENT
This lease agreement ("lease") is made this 28th, February, 2014 between Lessor: MBCDC:
LOTTIE APARTMENTS. Whose address for the purpose of this lease is C/O MIAMI BEACH,
COMMUNITY DEVELOPMENT CORPORATION, 945 PENNSYLVANIA AVENUE, MIAMI
BEACH, FL 33139, (hereinafter "Management") and the Lessee [s]("Resident "/ "Tenant"):
Maria Aranda . In consideration of(a) Resident's representations in Resident's rental application, and
(b) Resident's payment of the rent and performance of the other provisions of this lease, Management
leases to Resident apartment UNIT 105 ("premises") in the apartment community known as "THE
LOTTIE APARTMENTS, LLC located at 530—75 Street, Miami Beach,Florida 33141
OCCUPANCY: Only the following individuals may occupy the premises:
NAME RELATIONSHIP
Maria Aranda • Head of Household
Sofia Aranda, Daughter,
Lease expires: February 28th, 2015
1. TERM: This lease shall be 12 months beginning the 1st March 2014 .If resident takes
possession of the premises prior to the commencement date of this lease, Resident shall pay rent at the
rate and in the manner required by this lease and such possession in all other respects shall be subject to
the applicable provisions of this lease.
2. RENT: During the term of this lease, Resident shall pay as rent $ 8,052.00/year payable win
ith installments of$671.00 in advance on or before the first day of each month commencing ith
the commencement date of this lease. If Resident does not pay the monthly installment of rent date
sufficiently timely manner so as to permit its receipt by Management on or before the due date,
Resident shall deliver and pay the monthly installment of rent by Money Order, Certified Check or
Cashier's Check. The rent includes the following utilities:, WATER, SEWER
AND GARBAGE. Resident will pay all other utility charges including
electric, telephone, and cable television. Light bulbs and air-filters are to,
Initial: M. •
/ :
be replaced at the expense of each resident. Resident shall not waste or.
misuse any utilities furnished by Management.
3. LATE CHARGE AND RETURN CHECK CHARGE: Resident shall pay a late charge of
$10.00 if the monthly installment of rent is not received by Management by the FIFTH (5TH) day of
the month in which it is due, PLUS $5.00 PER DAY THEREAFTER until the amount due is paid
in full. Resident shall in addition to the late charge also pay Management a $30.
processing charge
for any Resident's check which is returned because of insufficient funds (NSF), a closed acco nt or any
by
other similar cause. ALL payments made to replace insufficient (NSF) checks MUST y
Money Order, Certified Check or Cashier's Check and Management shall reserve the right to require
Resident to pay the monthly installment of rent by Money Order, Certified Check or Cashier's Check.
Rent shall not be considered paid until actually received by management.
4. ACCELERATION: If Resident should default under this lease, Management shall have the
right to accelerate the payment of the rent reserved for the balance of the term of this lease and declare
said amount due and payable to Management forthwith. If Management should elect to accelerate as
above provided, Resident may not be liable for the total accelerated amount claimed by Management
becauseof Management's obligation to minimize damages, and either Management or Resident may
have a court determine the actual amount, if any, owed by Resident as a result of Management's
acceleration.
5. ADDITIONAL CHARGES: If the Resident should default under this lease requiring
g
Management to take
legal action and Management prevails in said legal action, Resident shall pay all of
Management's attorney's fees and other charges, costs, expenses and damages no later than the next
monthly rental installment due date.
6. SECURITY DEPOSIT: Resident hereby deposits with Management the sum of $7 0_
(PAID) as a security deposit under this Lease Agreement, the receipt of which is e an
acknowledged, which sum shall be held by Management in a separate non-interest bearing account
upon the following terms and conditions: N/A_PAYMENT ARRANGEMENT
A. As security for the performance by residents of all the terms, conditions and covenants of
this Lease Agreement; and of
B. If resident breaks the lease, or moves out before the end of lease term, or in the event
default of any kind or nature by Resident, then in such an event Management shall be deemed
authorized to retain security deposit as liquidated, stipulated and agreed upon damages, or Management
may offset security deposit against actual loss or damage sustained by Management; provided,
however, that in no event shall Management be deprived of any other remedy, whether at law or equity
or reserved by the terms of this Lease Agreement, regardless of retention by Management of the
security deposit;RESIDENT MAY NOT USE THE SECURITY DEPOSIT TO PAY RENT and
C. Within 15 days from the expiration of the term of this Lease Agreement, and in the event
that there has been no default of any kind whatsoever on the part of Resident, said security deposit ll
be returned to Resident or the Management shall give written notice of Management's intentio n to
impose a claim against said security deposit on account of loss or damage to real property or to the
items constituting fixtures in demised premises,reasonable wear and tear expected.
Initial:
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D. The fact that Management holds a security deposit shall not affect Management's right to
obtain possession of the premises for non-payment of rent.
E. Lessee MAY NOT USE THE SECURITY DEPOSIT TO PAY RENT. If during the term
of this lease the lessor elects to apply all or part of the security deposit to cure a violation
enm tied by
to
the lessee, then within 3 days after notice from the lessor, the lessee agrees to pay s
restore the security deposit to the original sum deposited.
7.
PURPOSE: Resident are to occupy the premises only as a private residential dwelling.
8. POSSESSION: Resident shall not be entitled to possession of the premises until (a) Resdent
nt have signed this lease, and (b) the prior Resident has vacated the premises and dent
and Management �
t has paid the rent for the first month of the lease term and the security deposit. If the rR�read
Resident p
is unable to take possession at the commencement date of the lease because the premises ause beyond
for occupancy or because a prior Resident is holding over or because
lrof month provided be that
P
Management's control, the lease term will begin on the first day of the following be delivered by that
possession can be delivered to the Resident by that time• If this lease
time, either party to this lease shall have the right to terminate
ASSIGNMENT AND SUBLEASE: Resident shall not assign this lease nor sublet the
9. ASSI sublease shall be
premises without first obtaining Management's written consent. designated.su
Management's sublease form and shall be signed by all persons therein
10. USE OF PREMISES: Resident shall use and occupy the premises in a clean and wholesome
compliance with all applicable governmental requirements, including all public health,
manner and in p
and fire regulations relating to such use and occupancy to the full extent required
or to the
police �
Resident shall not use or operate any equipment or machinery that is harmful to community. Resident
apartment, community or that is disturbing to other residents of the apartment
employment may by law
p
shall not employ any person or persons in or about the premises whose
constitute or create a liability on the part of Management. Resident shall not hire as Resident's
p Y
em to ee any of Management's employees to perform any services at the apartment community.
11. CONDITION OF PREMISES AND REPAIRS BY RESIDENT: R id state of re airs
acknowledges that Management has made no representations regarding the conditio n P
of the premises except as expressly set forth in this
FOR, AND TO REPAIR AT RESIDENT'S
RESIDENT AGREES TO BE RESPONSIBLE
ANY DAMAGE THAT OCCURS DURING THE TERM OF THIS LEASE. Resident
EXPENSE, A .
agrees to pay any damage done to the premises caused by resident's misuse, recklessness
neglect r of the
gr p Y
willful or otherwise. Resident shall not cause, allow or permit any waste,used b misuse
or resident's
premises and shall pay in advance for the repair of any damages so caused
in good repair to the full
guest. During the term of this lease, the Resident shall keep premises
by extent required
b law, and at the expiration of the term of this lease the Resident shall return the
premises s to Management in as good condition as when taken, except for reasonable use and sal a r. have ve
If the Resident should fail to make required repairs and replacements, then or of g lease, h at the
the ri ht to enter the premises without causing or constituting a termination f
t
g
Resident's cost, make the required repairs or replacement. Resident shall pay the lawful expenses so
Initial: H
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incurred on t he next ensuin g monthly rental installment due date. Management shall also have the
to enter the premises without causing or constituting a termination of this lease, in order to install
right t p .
a separate meter to.measure the consumption of heating fuel or other utilities at the premises shall in e
p Management's entry into the premises
event that Management should decide to do so,
reasonable times and in the manner prescribed by law.
12. ACCESS TO PREMISES: Management shall have reasonable access to the premises to the
permitted ermitted by law. You agree to allow management to enter your apartment for inspection,
extermination, or to make necessary repairs or improvements.
13. ALTERATIONS: Resident shall make no alterations, decorations, additions or
improvements in or to the premises or to Management's equipment or fixtures in the iand
Resident shall not install any fixture or equipment without Management's prior written consent
only by contractors or mechanics first approved in writing by the Management. Any such
then y y
installation by Resident without Management's prior written consent may be removed by Management,
date. It,
and Resident shall pay Management's cost thereon on the next monthly rental installment
to be done at
the event that Management's written consent is received, Resident shall cause such work
nt shall done
for
such times and in such a manner as Management shall designate in writing the apartment community
same in a prompt manner. Any mechanic's lien filed against the premises or
for work claimed to have been done for or materials claimed to have been furnished to Resident she
g
be discharged by the Resident within ten days thereafter. Management shall have the right,ut this the
obligation to pay or discharge any such mechanic's lien. If Management should elect to
right, the Resident shall forthwith pay to management the amount so expende d
14. RULES AND REGULATIONS: Resident shall comply with all of the rules and regulations
governing premises comply 1
vernin the remises and the apartment community and shall p y
with all of Management's
changes and additions to the rules and regulations. Failure to do so will result in the termination of a
resident's lease.
15. DAMAGE BY FIRE OR OTHER CASUALTY: If the premises are partially damaged by fire or other casualty but can be restored to tenantable condition, Management shall repair the premises
with reasonable dispatch. The Resident's obligation to pay rent shall be suspended during the time th that
the premises remain untenantable. If the premises are destroyed by fire or other casualty shall have
p party
premises cannot be restored to tenantable condition within a reasonable time, either
ny
the rig ht to terminate this lease by written notice to the other party. Management is not liable for any
damage to resident's furniture, clothes or other personal items due to casualty including but not
to: water, wind,burst pipe, or leak in the roof, windows or side of the building.
16. WAIVER OF SUBROGATION: Each party releases the other party from any liability for
loss, damage or injury caused by the fire or other casualty for which insurance (permitting waiver of
liability
and waiver of insurer's rights of subrogation) is carried by the insured party to the extent of
any recovery by recover b the insured party under such insurance policy. Management at its sole expense shall
obtain fire and extended coverage insurance covering the buildings in the apartment community.
Resident, at Resident's sole expense, shall obtain fire and extended coverage insurance over ng
Resident's personal property in the premises and at the apartment community, i.e.
Insurance. "
Initial: Nt- Pt
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17. EMINENT DOMAIN: If any part of the premises is condemned by any governmental
authority, then this lease shall terminate as of the date that possession is taken by the governmental
authority. Under this provision, Resident agrees to waive all rights to claim compensation from
Management.
18. DEFAULT: If the Resident should default under this lease by failure to pay the rent when
due, violate or fail to perform any of the terms, conditions, or obligations of this agreement, vacate or
abandon the apartment before the end of the lease term, or if Resident's statements in the rental
application are found to be incorrect or untrue; Management shall have the right to terminate this lease
and to repossess the premises; and cause the Resident to vacate the premises in the manner provided by
law. If this should occur, Resident shall pay Management the expense incurred in obtaining possession
of the premises and all other damages sustained by Management to the extent permitted by law.
19. SEVERABILITY: If any provision of this lease should be or become invalid, such invalidity
shall not in any way affect any of the other provisions of this lease which shall continue to remain in
full force and effect.
20. WAIVER: If Management should waive any provisions of this lease, it shall not be
construed as a waiver of a further breach of such provision.
21. MODIFICATIONS: No modification of this lease shall be binding unless in writing signed
by the Resident and by an authorized agent of Management and countersigned by an officer of the
management company.
22. RIGHT TO MORTGAGE: Management shall have the right to subordinate this lease to any
mortgage now or hereafter placed on the premises or on the apartment community. At Management's
request, Resident shall execute and deliver such documents as may be required in order to accomplish
the purposes of this paragraph.
23. MORTGAGE: Financing for the Florida Housing Finance Agency provided apartment i
community, and Low Income Housing Tax Credits. The Tax Credit Program and other
sources require an income certification by the resident certifying that all information set forth therein is
true complete and correct. If any information contained within the certification should prove to be
untrue, incomplete, or incorrect, Management has the right to terminate this lease. These income
certifications shall be renewed annually.
24. LIABILITY: In the event that this lease should be signed as Resident by more than one
person, then the liability of the persons signing shall be joint and several.
25. QUIET ENJOYMENT: Upon Resident paying the rent and performing all of the other
provisions of this lease, Management agrees that Resident shall peacefully and quietly have, hold and
enjoy the premises during the term of this lease.
26. PETS: RESIDENT OR RESIDENT'S GUESTS SHALL KEEP NO PETS IN, AT OR
ABOUT THE PREMISES. N/A
Initial:
M - �
27. STORAGE OF •PROPERTY: If Management should provide storage space, Resident's
property shall only be stored in the space designated by Management. This storage space shall be
subject to all applicable provisions of this lease.
28. NOTICE OF INTENTION TO VACATE OR RENEW: At least thirty (30) days before the
Management shall provide tenant with
nt refuses to renew the lease, p
end of this lease, (i) if Management g
written notice specifying the grounds for said refusal, or (ii) if the tenancy will be renewed,
Management shall notify Resident in writing of any increase/decrease in rent for the following year and
Resident shall notify management in writing that Resident offers to sign a new lease at the rent set by
Management in the manner permitted by law and subject to all provisions of this lease which may be
applicable, or that the premises will be vacated at the end of this lease. The Resident's written notice
shall hall indicate the names and family relationship of each of the occupants. Notwithstanding anything
ent shall not be obligated ated to enter a new lease. Resident shall deliver
herein to the contrary, Management g
the keys of the premises to Management at the time Resident vacates premises. Any of Resident's
property left in, at or about the premises at the time the Resident vacates the premises shall be deemed
to be abandoned by the Resident and Resident hereby authorized Management to dispose of same as
abandoned property. Until the keys are delivered to Management as evidenced by Management's
receipt therefore, the Resident shall remain liable under this lease to the extent permitted by law. Keys
shall be delivered to Management upon vacating the premises and in any event no later than 12:00 noon
on the next business day following the expiration of the term of this lease and/or the Resident's vacating
of the premises. (DOES NOT APPLY TO SECTION 8 TENANTS)
29. NOTICE OF INJURIES: In the event of any injuries to Tenant tenants family, guests, or
invitee's or in the event of any damage to any of their property that is allegedly caused by the
negligence of Management or its agents or employees, Tenant shall give Management a written notice
of the occurrence of the injury or damage within five (5) days of the happening thereof. The written
notice shall be delivered to Management at Management's office set forth in the introductory clause-
preceding Paragraph 1 above, or at such other address, which Management should hereafter furnish in
writing to the Tenant. Management shall not be liable for any injury, damage or loss resulting from any
accident or occurrence, acts of other tenants, wrongful or criminal acts of any third party in or upon the
building or your apartment sustained by you or any person claiming through you.
30. REMEDIES NOT EXCLUSIVE: Each and every of the rights, remedies and benefits
provided by this lease shall be cumulative and shall not be exclusive of any other of said rights,
remedies and benefits or of any other rights,remedies and benefits allowed by law.
31. LEASE BINDING: The provisions of this lease shall be binding upon and shall be for the
benefit of Management and Tenant and their respective successors in interest.
32. ADDITIONAL DOCUMENTS: The Lessee hereby agrees to execute and deliver, if and to
the extent necessary, any additional certifications, agreements and other documents as may be required
from time to time by the Florida Housing Finance Agency with respect to the occupancy, prospective
occupancy or continued occupancy of the Premises by the Lessee and all other occupants of the
Premises.
33. RADON GAS DISCLOSURE STATEMENT: This disclosure is required by Florida
Statutes 404.056(8): Radon is a naturally occurring radioactive gas that, when it is accumulated in a
Initial: 1--A. -
building in sufficient quantities, may present health risks to persons who are exposed to it over time.
Levels of radon that exceed federal and state guidelines have been found in buildings in Florida.
Additional information regarding radon and radon testing may be obtained from your county public
health unit.
34. AUDIT: Errors found through audit by Management in the term of lease or the amount of rent
is grounds for correction to this lease agreement.
35. RETURN OF SECURITY DEPOSIT: Tenant promises to deliver the premises in good
condition upon termination of tenancy. Management will deduct from your security deposit, the cost, if
any, of doing the following work:
Fixing any damage, defects, or deterioration to your apartment or building caused by you or an
occupant or guest of your apartment. Cleaning the apartment, including the stove, oven, refrigerator,
closets cabinets, tiles, etc. Removal and disposal of any garbage, trash or furniture left by you in the
apartment. Removal of all nails screws fasteners from the walls or ceilings, and patching or plastering
all holes. Cleaning and waxing all tiles floors. Cleaning the carpet and leaving it spotless and odorless.
Re-keying or changing the lock due to failure to return keys. Curing any other violations by you of the
terms of this lease.
36. NO BROKER: You represent that no agent or real estate broker, other than Miami Beach
Community Development Corporation, has introduced you or shown you the apartment and that no
other agent or broker is entitled to any commission in connection with this lease. You agree to
indemnify the lessor with respect to any such claim.
37. TENANTS NON-MONETARY OBLIGATIONS: Tenant agrees not to make loud
noise, play an instrument, radio or television so that it disturbs your neighbors or in any way breach the
peace. If anyone in the building complains about noise from your apartment, you agree to immediately
curtail the noise. You must respect other resident's privacy and right to quiet enjoyment. Keep
air-filters, refrigerator, and plumbing facilities clean and sanitary. Remove and dispose of trash
by bagging and disposing of trash only in the properly designated area of the building. Not use,
keep, or store any toxic or flammable material considered hazardous by any insurance company. No
bicycle is to be kept in the lobby, halls, or stairwells. You are fully responsible for the conduct and
actions of all your guests and invitees. A $25 fine per incident will be assessed to any resident found
to be in violation of the above conditions.
38.TERMINATION: In the event that Tenant violates paragraphs 14, 18, 23 or any other
provisions of this Lease and Management elects to terminate this Lease, Management shall serve
written notice to Tenant specifying the grounds for termination at least thirty (30) days before said
•
termination.
VIOLATION OF ANY PROVISION OF THIS LEASE MAY SUBJECT THIS LEASE TO
TERMINATION AND DEPOSIT FORFEITURE.
MANAGEMENT
MIAMI BEACH COMMUNITY DEVELOPMENT CORP. TENANT(S)
Initial: 1"-i
/,
Al
` • ' KENNEDY,V CE PRESID NT r4'IA A' • DA
And/or Property anagement Agent
KEYS RECEIVED: X Unit X Mail X Entry n/a Trash Room
LOCKS: You agree not to change your lock or install any additional locks on any doors without the
prior written approval by Management. In case of such approval, you must furnish Management with
duplicate keys before installation of the lock(s).
Adde'ndum. Tenant shall notify Management/owner of intent to vacate the unit in the form o f a 30-
day written notice..Management/Owner shall notify tenant of intent of non-renewal in the form of a
30-day written notice.. (DOES NOT APPLY TO SECTION 8 TENANTS)
Tenants responsibilities are to pay the following:Electric& telephone.
Owner provides the following: Central a/c, water,garbage,sewer, range, refrigerator, ceiling fans&
water-heater.
THE LOTTIE APARTMENTS. C/O MBCDC DOES NOT DISCRIMINATE ON THE BASIS OF
HANDICAPPED STATUS IN THE ADMISSION OR ACCESS TO, OR TREATMENT OR
EMPLOYMENT IN, ITS FEDERALLY ASSISTED PROGRAMS AND ACTIVITIES.
Initial: ri . ► 1
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•
C.
ATTACHMENTS TO THIS LEASE AGREEMENT
The tenant certifies that he/she has received a copy of this Agreement and the following
Attachment to this Agreement and understands that this Attachment is part of this Lease Agreement.
A. Attachment#1 - Tenancy Addendum Section 8 Tenant- Based Assistance Housing
Choice Voucher Program
Initials: -
Initial: H . P
s r _
( . . 3 Bdrm/ 2 Bath
60 % AMI
MBCDC: LOTTIE APARTMENTS
LEASE AGREEMENT
This lease agreement ("lease") is made this 30th January, 2014 between Lessor: MBCDC:
LOTTIE APARTMENTS., Whose address for the purpose of this lease is C/O MIAMI BEACH,
COMMUNITY DEVELOPMENT CORPORATION, 945 PENNSYLVANIA AVENUE, MIAMI
BEACH, FL 33139, (hereinafter "Management") and the Lessee [s]("Resident "/ "Tenant"):
VILMARIE FIGUEROA & SERGIO CANIZA In consideration of(a) Resident's representations in
Resident's rental application, and (b) Resident's payment of the rent and performance of the other
provisions of this lease, Management leases to Resident apartment UNIT 106 ("premises") in the
apartment community known as MBCDC: LOTTIE APARTMENTS, located at 530 75th Street
Miami Beach, Florida 33141.
OCCUPANCY: Only the following individuals may occupy the premises:
NAME RELATIONSHIP
Vilmarie Figueroa Head of Household
Sergio Caniza Spouse
Isabel Caniza Child
Andres M. Figueroa Child
Angel V. Figueroa Child
Lease expires: 01/31/2015
1. TERM: This lease shall be 12 months beginning the 1st February, 2014 .If resident takes
possession of the premises prior to the commencement date of this lease, Resident shall pay rent at the
rate and in the manner required by this lease and such possession in all other respects shall be subject to
the applicable provisions of this lease.
2. RENT:- During the term of this lease, Resident shall pay as rent$ 12,000.00/year payable in
monthly installments of$1,000.00 in advance on or before the first day of each month commencing
with
Initial: VF
the commencement date of tlik::, ,'ease. If Resident does not pay the _Mthly installment of rent in a
sufficiently timely manner so as to permit its receipt by Management on or before the due date,
Resident shall deliver and pay the monthly installment of rent by Money Order, Certified Check or
Cashier's Check. The rent includes the following utilities:, WATER, SEWER
AND GARBAGE. •. Resident will pay all other utility charges including
electric, telephone, and cable television. Light bulbs and air-filters are to
be replaced at the expense of each resident. Resident shall not waste or
misuse any utilities furnished by Management.
3. LATE CHARGE AND RETURN CHECK CHARGE: Resident shall pay a late charge of
$10.00 if the monthly installment of rent is not received by Management by the FIFTH (5TH) day of
the month in which it is due, PLUS $5.00 PER DAY THEREAFTER until the amount due is paid
in full. Resident shall in addition to the late charge also pay Management a $30.00 processing charge
for any Resident's check which is returned because of insufficient funds (NSF), a closed account or any
other similar cause. ALL payments made to replace insufficient (NSF) checks MUST be made by
Money Order, Certified Check or Cashier's Check and Management shall reserve the right to require
Resident to pay the monthly installment of rent by Money Order, Certified Check or Cashier's Check.
Rent shall not be considered paid until actually received by management.
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4. ACCELERATION: If Resident should default under this lease, Management shall have the
right to accelerate the payment of the rent reserved for the balance of the term of this lease and declare
said amount due and payable to Management forthwith. If Management should elect to accelerate as
above provided, Resident may not be liable for the total accelerated amount claimed by Management
becauseof Management's obligation to minimize damages, and either Management or Resident may
have a court determine the actual amount, if any, owed by Resident as a result of Management's
acceleration.
5. ADDITIONAL CHARGES: If the Resident should default under this lease requiring
Management to take legal action and Management prevails in said legal action, Resident shall pay all of
Management's attorney's fees and other charges, costs, expenses and damages no later than the next
monthly rental installment due date.
6. SECURITY DEPOSIT: Resident hereby deposits with Management the sum of $1,051.00
(PAID) as a security deposit under this Lease Agreement,the receipt of which is hereby acknowledged,
which sum shall be held by Management in a separate non-interest bearing account and upon the
following terms and conditions: N/A PAYMENT ARRANGEMENT
A. As security for the performance by residents of all the terms, conditions and covenants of
this Lease Agreement; and
B. If resident breaks the lease, or moves out before the end of lease term, or in the event of
default of any kind or nature by Resident, then in such an event Management shall be deemed
authorized to retain security deposit as liquidated, stipulated and agreed upon damages, or Management
may offset security .deposit against actual loss or damage sustained by Management; provided,
however, that in no event shall Management be deprived of any other remedy, whether at law or equity
or reserved by the terms of this Lease Agreement, regardless of retention by Management of the
security deposit; RESIDENT MAY NOT USE THE SECURITY DEPOSIT TO PAY RENT and
C. Within 15 days from the expiration of the term of this Lease A e ent, and in the event
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been no default(....An kind whatsoever on the part of Re ent, said security deposit shall
that there has b y
be returned to Resident or the Management shall give written notice of Management's intention to
impose a claim against said security deposit on account of loss or damage to real property or to the
items constituting fixtures in demised premises,reasonable wear and tear expected.
D. The fact that Management holds a security deposit shall not affect Management's right to
obtain possession of the premises for non-payment of rent.
E. Lessee MAY NOT USE THE SECURITY DEPOSIT TO PAY RENT. If during the term
of this lease the lessor elects to apply all or part of the security deposit to cure a violation committed by
the lessee, then within 3 days after notice from the lessor, the lessee agrees to pay sufficient monies to
restore the security deposit to the original sum deposited.
7. PURPOSE: Resident are to occupy the premises only as a private residential dwelling.
• 8. POSSESSION: Resident shall not be entitled to possession of the premises until (a) Resident
and Management have signed this lease, and (b) the prior Resident has vacated the premises and (c)
Resident has paid the rent for the first month of the lease term and the security deposit. If the Resident
is unable to take possession at the commencement date of the lease because the premises are not ready
for occupancy or because a prior Resident is holding over or because of any cause beyond
Management's control, the lease term will begin on the first day of the following month provided that
possession can be delivered to the Resident by that time. If possession cannot be delivered by that
time, either party to this lease shall have the right to terminate this lease.
9. ASSIGNMENT AND SUBLEASE: Resident shall not assign this lease nor sublet the
premises without first obtaining Management's written consent. Any sublease shall be on
Management's sublease form and shall be signed by all persons therein designated.
10. USE OF PREMISES: Resident shall use and occupy the premises in a clean and wholesome
manner and in compliance with all applicable governmental requirements, including all public health,
police and fire regulations relating to such use and occupancy to the full extent required by law.
Resident shall not use or operate any equipment or machinery that is harmful to the premises or to the
apartment, community or that is disturbing to other residents of the apartment community. Resident
shall not employ any person or persons in or about the premises whose employment may by law
constitute or create a liability on the part of Management. Resident shall not hire as Resident's
employee any of Management's employees to perform any services at the apartment community.
11. CONDITION OF PREMISES AND REPAIRS BY RESIDENT: Resident
acknowledges that Management has made no representations regarding the condition or state of repairs
of the premises except as expressly set forth in this lease.
RESIDENT AGREES TO BE RESPONSIBLE FOR, AND TO REPAIR AT -RESIDENT'S
EXPENSE, ANY DAMAGE THAT OCCURS DURING THE TERM OF THIS LEASE. Resident
agrees to pay any damage done to the premises caused by resident's misuse, recklessness or neglect,
willful or otherwise. Resident shall not cause, allow or permit any waste, misuse or neglect of the
premises and shall pay in advance for the repair of any damages so caused by resident or resident's
guest. During the term of this lease, the Resident shall keep the premises in good repair to the full
extent required by law, and at the expiration of the term of this lease the Resident shall return the
premises to Management in as good condition as when taken, except for reasonable use and wear.‘(#.
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If the Resident should fail td ._ake required repairs and replacemen then Management shall have
the right to enter the premises without causing or constituting a termination of this lease, and at the
Resident's cost, make the required repairs or replacement. Resident shall pay the lawful expenses so
incurred on the next ensuing monthly rental installment due date. Management shall also have the
right to enter the premises without causing or constituting a termination of this lease, in order to install
a separate meter to measure the consumption of heating fuel or other utilities at the premises in the
event that Management should decide to do so, Management's entry into the premises shall be at
reasonable times and in the manner prescribed by law.
12. ACCESS TO PREMISES: Management shall have reasonable access to the premises to the
extent permitted by law. You agree.to allow management to enter your apartment for inspection,
extermination, or to make necessary repairs or improvements.
13. ALTERATIONS: Resident shall make no alterations, decorations, additions or
improvements in or to the premises or to Management's equipment or fixtures in the premises.
Resident shall not-install any fixture or,equipment.without.Management's prior written consent, and
then only by contractors or mechanics first approved in writing by the Management. Any such
installation by Resident without Management's prior written consent may be removed by Management,
and Resident shall pay Management's cost thereon on the next monthly rental installment due date. In
the event that Management's written consent is received, Resident shall cause such work to be done at
such times and in such a manner as Management shall designate in writing and Resident shall pay for
same in a prompt manner. Any mechanic's lien filed against the premises or the apartment community
for work claimed to have been done for or materials claimed to have been furnished to Resident shall
be discharged by the Resident within ten days thereafter. Management shall have the right, but not the
obligation to pay or discharge any such mechanic's lien. If Management should elect to exercise this
right, the Resident shall forthwith pay to management the amount so expended.
14. RULES AND REGULATIONS: Resident shall comply with all of the rules and regulations
governing the premises and the apartment community and shall comply with all of Management's
changes and additions to the rules and regulations. Failure to do so will result in the termination of a
resident's lease.
15. DAMAGE BY FIRE OR OTHER CASUALTY: If the premises are partially damaged by
fire or other casualty but can be restored to tenantable condition, Management shall repair the premises
with reasonable dispatch. The Resident's obligation to pay rent shall be suspended during the time that
the premises remain untenantable. If the premises are destroyed by fire or other casualty or if the
premises cannot be restored to tenantable condition within a reasonable time, either party shall have
the right to terminate this lease by written notice to the other party. Management is not liable for any
damage to resident's furniture, clothes or other personal items due to casualty including but not limited
to: water, wind, burst pipe, or leak in the roof, windows or side of the building.
16. WAIVER OF SUBROGATION: Each party releases the other party from any liability for
loss, damage or injury caused by the fire or other casualty for which insurance (permitting waiver of
liability and waiver of insurer's rights of subrogation) is carried by the insured party to the extent of
any recovery by the insured party under such insurance policy. Management at its sole expense shall
obtain fire and extended coverage insurance covering the buildings in the apartment community.
Resident, at Resident's sole expense, shall obtain fire and extended coverage insurance covering
Resident's personal property in the premises and at the apartment community, i.e. "Renter's
Insurance. "
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17. EMINENT DOMAIN: If any part of the premises, is condemned by any governmental
authority, then this lease shall terminate as of the date that possession is taken by the governmental
authority. Under this provision, Resident agrees to waive all rights to claim compensation from
Management.
18. DEFAULT: If the Resident should default under this lease by failure to pay the rent when
due, violate or fail to perform any of the terms, conditions, or obligations of this agreement, vacate or
abandon the apartment before the end of the lease term, or if Resident's statements in the rental
application are found to be incorrect or untrue; Management shall have the right to terminate this lease
and to repossess the premises; and cause the Resident to vacate the premises in the manner provided by
law. If this should occur, Resident shall pay Management the expense incurred in obtaining possession
of the premises and all other damages sustained by Management to the extent permitted by law.
19. SEVERABILITY: If any provision of this lease should be or become invalid, such invalidity
shall not in any way affect any of the other provisions of this lease which shall continue to remain in
full force and effect.
20. WAIVER: If Management should waive any provisions of this lease, it shall not be
construed as a waiver of a further breach of such provision.
21. MODIFICATIONS: No modification of this lease shall be binding unless in writing signed
by the Resident and by an authorized agent of Management and countersigned by an officer of the
management company.
•
22. RIGHT TO MORTGAGE: Management shall have the right to subordinate this lease to any
mortgage now or hereafter placed on the premises or on the apartment community. At Management's
request, Resident shall execute and deliver such documents as may be required in order to accomplish
the purposes of this paragraph.
23. MORTGAGE: Financing for the Florida Housing Finance Agency provided this apartment
community, and Low Income Housing Tax Credits. The Tax Credit Program and other financing
sources require an income certification by the resident certifying that all information set forth therein is
true complete and correct. If any information contained within the certification should prove to be
untrue, incomplete, or incorrect, Management has the right to terminate this lease. These income
certifications shall be renewed annually.
24. LIABILITY: In the event that this lease should be signed as Resident by more than one
person, then the liability of the persons signing shall be joint and several.
25. QUIET ENJOYMENT: Upon Resident paying the rent and performing all of the other
provisions of this lease, Management agrees that Resident shall peacefully and quietly have, hold and
enjoy the premises during the term of this lease.
26. PETS: RESIDENT OR RESIDENT'S GUESTS SHALL KEEP NO PETS IN, AT OR
ABOUT THE PREMISES.
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27. STORAGE OF PRv.f'ERTY: If Management should provide storage space, Resident's
property shall only be stored in the space designated by. Management. This storage space shall be
subject to all applicable provisions of this lease.
28. NOTICE OF INTENTION TO VACATE OR RENEW: At least thirty (30) days before the
end of this lease, (i) if Management refuses to renew the lease, Management shall provide tenant with
written notice specifying the grounds for said refusal, or (ii) if the tenancy will be renewed,
Management shall notify Resident in writing of any increase/decrease in rent for the following year and
Resident shall notify management in writing that Resident offers to sign a new lease at the rent set by
Management in the manner permitted by law and subject to all provisions of this lease which may be
applicable, or that the premises will be vacated at the end of this lease. The Resident's written notice
shall indicate the names and family relationship of each of the occupants. Notwithstanding anything
herein to the contrary, Management shall not be obligated to enter a new lease. Resident shall deliver
the keys of the premises to Management at the time Resident vacates premises. Any of Resident's
property left in, at or about the premises at the time the Resident vacates the premises shall be deemed
to be abandoned by the Resident and Resident hereby authorized Management to dispose of same as
abandoned property. Until the keys are delivered to Management as evidenced by Management's
receipt therefore, the Resident shall remain liable under this lease to the extent permitted by law. Keys
shall be delivered to Management upon vacating the premises and in any event no later than 12:00 noon
on the next business day following the expiration of the term of this lease and/or the Resident's vacating
of the premises. (DOES NOT APPLY TO SECTION 8 TENANTS)
29. NOTICE OF INJURIES: In the event of any injuries to Tenant tenants family, guests, or
invitee's or in the event of any damage to any of their property that is allegedly caused by the
negligence of Management or its agents or employees, Tenant shall give Management a written notice
of the occurrence of the injury or damage within five (5) days of the happening thereof. The written
notice shall be delivered to Management at Management's office set forth in the introductory clause-
preceding Paragraph 1 above, or at such other address, which Management should hereafter furnish in
writing to the Tenant. Management shall not be liable for any injury, damage or loss resulting from any
accident or occurrence, acts of other tenants, wrongful or criminal acts of any third party in or upon the
building or your apartment sustained by you or any person claiming through you.
30. REMEDIES NOT EXCLUSIVE: Each and every of the rights, remedies and benefits
provided by this lease shall be cumulative and shall not be exclusive of any other of said rights,
remedies and benefits or of any other rights, remedies and benefits allowed by law.
31. LEASE BINDING: The provisions of this lease shall be binding upon and shall be for the
benefit of Management and Tenant and their respective successors in interest.
32. ADDITIONAL DOCUMENTS: The Lessee hereby agrees to execute and deliver, if and to
the extent necessary, any additional certifications, agreements and other documents as may be required
from time to time by the Florida Housing Finance Agency with respect to the occupancy, prospective
occupancy or continued occupancy of the Premises by the Lessee and all other occupants of the
Premises.
33. RADON GAS DISCLOSURE STATEMENT: This disclosure is required by Florida
Statutes 404.056(8): Radon is a naturally occurring radioactive gas that, when it is accumulated in a
building in sufficient quantities, may present health risks to persons who are exposed to it over time.
Levels of radon that exceed federal and state guidelines have been found in buildings in Florida.
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Additional information regar L.g radon and radon testing may be obiained from your county public
health unit.
34. AUDIT: Errors found through audit by Management in the term of lease or the amount of rent
. is grounds for correction to this lease agreement.
35. RETURN OF SECURITY DEPOSIT: Tenant promises to deliver the premises in good
condition upon termination of tenancy. Management will deduct from your security deposit, the cost, if
any, of doing the following work:
Fixing any damage, defects, or deterioration to your apartment or building caused by you or an
occupant or guest of your apartment. Cleaning the apartment, including the stove, oven, refrigerator,
closets cabinets, tiles, etc. Removal and disposal of any garbage, trash or furniture left by you in the
apartment. Removal of all nails screws fasteners from the walls or ceilings, and patching or plastering
all holes. Cleaning and waxing all tiles floors. Cleaning the carpet and leaving it spotless and odorless.
Re-keying or changing the lock due to failure to return keys. Curing any other violations by you of the
terms of this lease.
36. NO BROKER: You represent that no agent or real estate broker, other than Miami Beach
Community Development Corporation, has introduced you or shown you the apartment and that no
other agent or broker is entitled to any commission in connection with this lease. You agree to
indemnify the lessor with respect to any such claim.
37. TENANTS NON-MONETARY OBLIGATIONS: Tenant agrees not to make loud
noise, play an instrument, radio or television so that it disturbs your neighbors or in any way breach the
peace. If anyone in the building complains about noise from your apartment, you agree to immediately
curtail the noise. You must respect other resident's privacy and right to quiet enjoyment. Keep
air-filters, refrigerator, and plumbing facilities clean and sanitary. Remove and dispose of trash
by bagging and disposing of trash only in the properly designated area of the building. Not use,
keep, or store any toxic or flammable material considered hazardous by any insurance company. No
bicycle is to be kept in the lobby, halls, or stairwells. You are fully responsible for the conduct and
actions of all your guests and invitees. A $25 fine per incident will be assessed to any resident found
to be in violation of the above conditions.
38. TERMINATION: In the event that Tenant violates paragraphs 14, 18, 23 or any other
provisions of this Lease and Management elects to terminate this Lease, Management shall serve
written notice to Tenant specifying the grounds for termination at least thirty (30) days before said
termination.
VIOLATION OF ANY PROVISION OF THIS LEASE MAY SUBJECT THIS LEASE TO
TERMINATION AND DEPOSIT FORFEITURE.
MANAGEMENT
MIAMI BEACH COMMUNITY DEVELOPMENT CORP. TENANT(S)
• •• ,�•r t; t D NT VILMARIE FIGUER
V1 cE piz t �` T Initial: •/
r
Property Management Agent SERGIO CANI
KEYS RECEIVED: X Unit X Mail X . Entry n/a Trash Room
LOCKS: You agree not to change your lock or install any additional locks on any doors without the
prior written approval by Management. In case of such approval, you must furnish Management with
duplicate keys before installation of the lock(s).
Addendum: Tenant shall notify Management/owner of intent to vacate the unit in the form of a 30-
day written notice. Management/Owner shall notify tenant of intent of non-renewal in the form of a
30-day written notice.. (DOES NOT APPLY TO SECTION 8 TENANTS)
Tenants responsibilities are to pay the following:Electric & telephone.
Owner provides the following: Central a/c, water,garbage, sewer, range, refrigerator, ceiling fans&
water-heater.
MBCDC: LOTTIE APARTMENTS, C/O MBCDC DOES NOT DISCRIMINATE ON THE
BASIS OF HANDICAPPED STATUS IN THE ADMISSION OR ACCESS TO, OR TREATMENT
OR EMPLOYMENT IN,,ITS FEDERALLY ASSISTED PROGRAMS AND ACTIVITIES.
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ATTACHMENTS TO THIS LEASE AGREEMENT
The tenant certifies that he/she has received a copy of this Agreement and the following
Attachment to this Agreement and understands that this Attachment is part of this Lease Agreement.
A. Attachment#1 - Tenancy Addendum Section 8 Tenant- Based Assistance Housing
Choice Voucher Program
Initials: V
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2 Bdrm/2Bath
50 % AMI
MBCDC: LOTTIE APARTMENTS
LEASE AGREEMENT
This lease agreement ("lease") is made this 29th, November, 2013 between Lessor: MBCDC:
LOTTIE APARTMENTS. Whose address for the purpose of this lease is C/O MIAMI BEACH
COMMUNITY DEVELOPMENT CORPORATION, 945 PENNSYLVANIA AVENUE, MIAMI
BEACH, FL 33139, (hereinafter "Management") and the Lessee [s]("Resident "/ "Tenant"):
SUSANA SENRA & ADILU VIERA . In consideration of(a) Resident's representations in Resident's
rental application, and (b) Resident's payment of the rent and performance of the other provisions of
this lease, Management leases to Resident apartment UNIT 107 ("premises") in the apartment
community known as "MBCDC:LOTTIE APARTMENTS" located at 530-75th Street, Miami
Beach, Florida 33141
OCCUPANCY: Only the following individuals may occupy the premises:
NAME RELATIONSHIP
SUSANA SENRA Head of Household
ADILU VIERA DAUGHTER
Lease expires: November 30th, 2014
1.. TERM: This lease shall be 12 months beginning the 1st December, 2013 .If resident takes
possession of the premises prior to the commencement date of this lease, Resident shall pay rent at the
rate and in the manner required by this lease and such possession in all other respects shall be subject to
the applicable provisions of this lease.
2. RENT: During the term of this lease, Resident shall pay as rent $ 8,304.00/year payable in
monthly installments of$692.00 in advance on or before the first day of each month commencing with
the commencement date of this lease. If Resident does not pay the monthly installment of rent in a
sufficiently timely manner so as to permit its receipt by Management on or before the due date,
Resident shall deliver and pay the monthly installment of rent by Money Order, Certified Check or
Cashier's Check. The rent includes the following utilities:, WATER, SEWER
AND GARBAGE. Resident will pay all other utility charges including
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electric, telephone, and cable television. Light bulbs and air-filters are to
be replaced at the expense of each resident. Resident shall not waste or
misuse any utilities furnished by Management.
3. LATE CHARGE AND RETURN CHECK CHARGE: Resident shall pay a late charge of
$10.00 if the monthly installment of rent is not received by Management by the FIFTH (5TH) day of
the month in which it is due, PLUS $5.00 PER DAY THEREAFTER until the amount due is paid
in full. Resident shall in addition to the late charge also pay Management a $30.00 processing charge
for any Resident's check which is returned because of insufficient funds (NSF), a closed account or any
other similar cause. ALL payments made to replace insufficient (NSF) checks MUST be made by
Money Order, Certified Check or Cashier's Check and Management shall reserve the right to require
Resident to pay the monthly installment of rent by Money Order, Certified Check or Cashier's Check.
Rent shall not be considered paid until actually received by management.
4. ACCELERATION: If Resident should default under this lease, Management shall have the
right to accelerate the payment of the rent reserved for the balance of the term of this lease and declare
said amount due and payable to Management forthwith. If Management should elect to accelerate as
above provided, Resident may not be liable for the total accelerated amount claimed by Management
becauseof Management's obligation to minimize damages, and either Management or Resident may
have a court determine the actual amount, if any, owed by Resident as a result of Management's
acceleration.
5. ADDITIONAL CHARGES: If the Resident should default under this lease requiring
Management to take legal action and Management prevails in said legal action, Resident shall pay all of
Management's attorney's fees and other charges, costs, expenses and damages no later than the next
monthly rental installment due date.
6. SECURITY DEPOSIT: Resident hereby deposits with Management the sum of $707.00
(PAID) as a security deposit under this Lease Agreement, the receipt of which is hereby
acknowledged, which sum shall be held by Management in a separate non-interest bearing account and
upon the following terms and conditions: N/A PAYMENT ARRANGEMENT
A. As security for the performance by residents of all the terms, conditions and covenants of
this Lease Agreement; and
B. If resident breaks the lease, or moves out before the end of lease term, or in the event of
default of any kind or nature by.Resident, then in such an event Management shall be deemed
authorized to retain security deposit as liquidated, stipulated and agreed upon damages, or Management
may offset security deposit against actual loss or damage sustained by Management; provided,
however, that in no event shall Management be deprived of any other remedy, whether at law or equity
or reserved by the terms of this Lease Agreement, regardless of retention by Management of the
security deposit;RESIDENT MAY NOT USE THE SECURITY DEPOSIT TO PAYMENT and
C. Within 15 days from the expiration of the term of this Lease Agreement, and in the event
that there has been no default of any kind whatsoever on the part of Resident, said security deposit shall
be returned to Resident or the Management shall give written notice of Management's intention to
impose a claim against said security deposit.on account of loss or damage to real property or to the
Initial: AV/55
(f,.
items constituting fixtures in demised premises,reasonable wear and tear expected.
D. The fact that Management holds a security deposit shall not affect Management's right to
obtain possession of the premises for non-payment of rent.
E. Lessee MAY NOT USE THE SECURITY DEPOSIT TO PAY RENT. If during the term
of this lease the lessor elects to apply all or part of the security deposit to cure a violation committed by
the lessee, then within 3 days after notice from the lessor, the lessee agrees to pay sufficient monies to
restore the security deposit to the original sum deposited.
7. PURPOSE: Resident are to occupy the premises only as a private residential dwelling.
8. POSSESSION: Resident shall not be entitled to possession of the premises until (a) Resident
and Management have signed this lease, and (b) the prior.Resident has vacated the premises and (c)
Resident has paid the rent for the first month of the lease term and the security deposit. If the Resident
is unable to take possession at the commencement date of the lease because the premises are not ready
for occupancy or because a prior Resident is holding over or because of any cause beyond
Management's control, the lease term will begin on the first day of the following month provided that
possession can be delivered to the Resident.by that time. If possession cannot be delivered by that
time, either party to this lease shall have the right to terminate this lease.
9. ASSIGNMENT AND SUBLEASE: Resident shall not assign this lease nor sublet the
premises without first obtaining Management's written consent. Any sublease shall be on
Management's sublease form and shall be signed by all persons therein designated.
10. USE OF PREMISES: Resident shall use and occupy the premises in a clean and wholesome
manner and in compliance with all applicable governmental requirements, including all public health,
police and fire regulations relating to such use and occupancy to the full extent required by law.
Resident shall not use or operate any equipment or machinery that is harmful to the premises or to the
apartment, community or that is disturbing to other residents of the apartment community. Resident
shall not employ any person or persons in or about the premises whose employment may by law
constitute or create a liability on the part of Management. Resident shall not hire as Resident's
employee any of Management's employees to perform any services at the apartment community.
11. CONDITION OF PREMISES AND REPAIRS BY RESIDENT: Resident
acknowledges that Management has made no representations regarding the condition or state of repairs
of the premises except as expressly set forth in this lease.
RESIDENT AGREES TO BE RESPONSIBLE FOR, AND TO REPAIR AT RESIDENT'S
EXPENSE, ANY DAMAGE THAT OCCURS DURING THE TERM OF THIS LEASE. Resident
agrees to pay any damage done to the premises caused by resident's misuse, recklessness or neglect,
willful or otherwise. Resident shall not cause, allow or permit any waste, misuse or neglect of the
premises and shall pay in advance for the repair of any damages so caused by resident or resident's
guest. During the term of this lease, the Resident shall keep the premises in good repair to the full
extent required by law, and at the expiration of the term of this lease the Resident shall return the
premises to Management in as good condition as when taken, except for reasonable use and wear.
If the Resident should fail to make required repairs and replacements, then Management shall have
the right to enter the premises without causing or constituting a termination of this lease, and at the
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Resident's cost, make the required repairs or replacement. Resident shall pay the lawful expenses so
incurred on the next ensuing monthly rental installment due date. Management shall also have the
right to enter the premises without causing or constituting a termination of this lease, in order to install
a separate meter to measure the consumption of heating fuel or other utilities at the premises in the
event that Management should decide to do so, Management's entry into the premises shall be at
reasonable times and in the manner prescribed by law.
12. ACCESS TO PREMISES: Management shall have reasonable access to the premises to the
extent permitted by law. You agree to allow management to enter your apartment for inspection,
extermination, or to make necessary repairs or improvements.
13. ALTERATIONS: Resident shall make no alterations, decorations, additions or
improvements in or to the premises or to Management's equipment or fixtures in the premises.
Resident shall not install any fixture or equipment without Management's prior written consent, and
then only by contractors or mechanics first approved in writing by the Management. Any such
installation by Resident without Management's prior written consent may be removed by Management,
and Resident shall pay Management's cost thereon on the next monthly rental installment due date. In
the event that Management's written consent is received, Resident shall cause such work to be done at
such times and in such a manner as Management shall designate in writing and Resident shall pay for
same in a prompt manner. Any mechanic's lien filed against the premises or the apartment community
for work claimed to have been done for or materials claimed to have been furnished to Resident shall
be discharged by the Resident within ten days thereafter. Management shall have the right, but not the
obligation to pay or discharge any such mechanic's lien. If Management should elect to exercise this
right, the Resident shall forthwith pay to management the amount so expended.
14. RULES AND REGULATIONS: Resident shall comply with all of the rules and regulations
governing the premises and the apartment community and shall comply with all of Management's
changes and additions to the rules and regulations. Failure to do so will result in the termination of a
resident's lease.
15. DAMAGE BY FIRE OR OTHER CASUALTY: If the premises are partially damaged by
fire or other casualty but can be restored to tenantable condition, Management shall repair the premises
with reasonable dispatch. The Resident's obligation to pay rent shall be suspended during the time that
the premises remain untenantable. If the premises are destroyed by fire or other casualty or if the
premises cannot be restored to tenantable condition within a reasonable time, either party shall have
the right to terminate this lease by written notice to the other party. Management is not liable for any
damage to resident's furniture, clothes or other personal items due to casualty including but not limited
to: water, wind, burst pipe, or leak in the roof, windows or side of the building.
16. WAIVER OF SUBROGATION: Each party releases the other party from any liability for
loss, damage or injury caused by the fire or other casualty for which insurance.(permitting waiver of
liability and waiver of insurer's rights of subrogation) is carried by the insured party to the extent of
any recovery by the insured party under such insurance policy. Management at its sole expense shall
obtain fire and extended coverage insurance covering the buildings in the apartment community.
Resident, at Resident's sole expense, shall obtain fire and extended coverage insurance covering
Resident's personal property in the premises and at the apartment community, i.e. "Renter's
Insurance. "
Initial: 1//55
17. EMINENT DOMAIN: If any part of the premises is condemned by any governmental
authority, then this lease shall terminate as of the date that possession is taken by the governmental
authority. Under this provision, Resident agrees to waive all rights to claim compensation from
Management.
18. DEFAULT: If the Resident should default under this lease by failure to pay the rent when
due, violate or fail to perform any of the terms, conditions, or obligations of this agreement, vacate or
abandon the apartment before the end of the lease term, or if Resident's statements in the rental
application are found to be incorrect or untrue; Management shall have the right to terminate this lease
and to repossess the premises; and cause the Resident to vacate the premises in the manner provided by
law. If this should occur, Resident shall pay Management the expense incurred in obtaining possession
o f the premises and all other damages sus tained by Management to the extent permitted by
law.
19. SEVERABILITY: If any provision of this lease should be or become invalid, such invalidity
shall not in any way affect any of the other provisions of this lease which shall continue to remain in
full force and effect.
20. WAIVER: If Management should waive any provisions of this lease, it shall not be
construed as a waiver of a further breach of such provision.
21. MODIFICATIONS: No modification of this lease shall be binding unless in writing signed
by the Resident and by an authorized agent of Management and countersigned by an officer of the
management company.
22. RIGHT TO MORTGAGE: Management shall have the right to subordinate this lease to any
mortgage now or hereafter placed on the premises or on the apartment community. At Management's
request, Resident shall execute and deliver such documents as may be required in order to accomplish
the purposes of this paragraph.
23. MORTGAGE: Financing for the Florida'Housing Finance Agency provided this apartment
community, and Low Income Housing Tax Credits. The Tax Credit Program and other financing
sources require an income certification by the resident certifying that all information set forth therein is
true complete and correct. If any information contained within the certification should prove to be
untrue, incomplete, or incorrect, Management has the right to terminate this lease. These income
certifications shall be renewed annually.
24. LIABILITY: In the event that this lease should be signed as Resident by more than one
person, then the liability of the persons signing shall be joint and several.
25. QUIET ENJOYMENT: Upon Resident paying the rent and.performing all of the other
provisions of this lease, Management agrees that Resident shall peacefully and quietly have, hold and
enjoy the premises during the term of this lease.
26. PETS: RESIDENT OR RESIDENT'S GUESTS SHALL KEEP NO PETS IN, AT OR
ABOUT THE PREMISES.
Initial: 4 V s
27. STORAGE OF PROPERTY: If Management should provide storage space, Resident's
property shall only be stored in the space designated by Management. This storage space shall be
subject to all applicable provisions of this lease. .
28. NOTICE OF INTENTION TO VACATE OR RENEW: At least thirty (30) days before the
end of this lease, (i) if Management refuses to renew the lease, Management shall provide tenant with
written notice specifying the grounds for said refusal, or (ii) if the tenancy will be renewed,
Management shall notify Resident in writing of any increase/decrease in rent for the following year and
Resident shall notify management in writing that Resident offers to sign a new lease at the rent set by
Management in the manner permitted by law and subject to all provisions of this lease which may be
applicable, or that the premises,will be vacated at the end of this lease. The Resident's written notice
shall indicate the names and family relationship of each of the occupants. Notwithstanding anything
herein to the contrary, Management shall not be obligated to enter a new lease. Resident shall deliver
the keys of the premises to Management at the time Resident vacates premises. Any of Resident's
property left in, at or about the premises at the time the Resident vacates the premises shall be deemed
to be abandoned by the Resident and Resident hereby authorized Management to dispose of same as
abandoned property. Until the keys are delivered to Management as evidenced by Management's
receipt therefore, the Resident shall remain liable under this lease to the extent permitted by law. Keys
shall be delivered to Management upon vacating the premises and in any event no later than 12:00 noon
on the next business day following the expiration of the term of this lease and/or the Resident's vacating
of the premises. (DOES NOT APPLY TO SECTION 8 TENANTS)
29. NOTICE OF INJURIES: In the event of any injuries to Tenant tenants family, guests, or
invitee's or in the event of any damage to any of their property that is allegedly caused by the
negligence of Management or its agents or employees, Tenant shall give Management a written notice
of the occurrence of the injury or damage within five (5) days of the happening thereof. The written
notice shall be delivered to Management at Management's office set forth in the introductory clause-
preceding Paragraph 1 above, or at such other address, which Management should hereafter furnish in
writing to the Tenant. Management shall not be liable for any injury, damage or loss resulting from any
accident or occurrence, acts of other tenants, wrongful or criminal acts of any third party in or upon the
building or your apartment sustained by you or any person claiming through you.
30. REMEDIES NOT EXCLUSIVE: Each and every of the rights, remedies and benefits
provided by this lease shall be cumulative and shall not be exclusive of any other of said rights,
remedies and benefits or of any other rights,remedies and benefits allowed by law.
31. LEASE BINDING: The provisions of this lease shall be binding upon and shall be for the
benefit of Management and Tenant and their respective successors in interest.
32. ADDITIONAL DOCUMENTS: The Lessee hereby agrees to execute and deliver, if and to
the extent necessary, any additional certifications, agreements and other documents as may be required
from time to time by the Florida Housing Finance Agency with respect to the occupancy, prospective
occupancy or continued occupancy of the Premises by the Lessee and all other occupants of the
Premises.
33. RADON GAS DISCLOSURE STATEMENT: This disclosure is required by Florida
Statutes 404.056(8): Radon is a naturally occurring radioactive gas that, when it is accumulated in a
Initial: AV ,5 S
building in sufficient quantities, may present health risks to persons who are exposed to it over time.
Levels of radon that exceed federal and state guidelines have been found in buildings in Florida.
Additional information regarding radon and radon testing may be obtained from your county public
health unit.
34. AUDIT: Errors found through audit by Management in the term of lease or the amount of rent
is grounds for correction to this lease agreement.
35. RETURN OF SECURITY DEPOSIT: Tenant promises to deliver the premises in good
condition upon termination of tenancy. Management will deduct from your security deposit, the cost, if
any, of doing the following work:
Fixing any damage, defects, or deterioration to your apartment or building caused by you or an.
occupant or guest of your apartment. Cleaning the.apartment, including the stove, oven, refrigerator,
closets cabinets, tiles, etc. Removal and disposal of any garbage, trash or furniture left by you in the
apartment. Removal of all nails screws fasteners from the walls or ceilings, and patching or plastering
all holes. Cleaning and waxing all tiles floors. Cleaning the carpet and leaving it spotless and odorless.
Re-keying or changing the lock due to failure to return keys. Curing any other violations by you of the
terms of this lease.
36. NO BROKER: You represent that no agent or real estate broker, other than Miami Beach
Community Development Corporation, has introduced you or shown you the apartment and that no
other agent or broker is entitled to any commission in connection with this lease. You agree to
indemnify the lessor with respect to any such claim.
37. TENANTS NON-MONETARY OBLIGATIONS: Tenant agrees not to make loud
noise, play an instrument, radio or television so that it disturbs your neighbors or in any way breach the
peace. If anyone in the building complains about noise from your apartment, you agree to immediately
curtail the noise. You must respect other resident's privacy and right to quiet enjoyment. Keep
air-filters, refrigerator, and plumbing facilities clean and sanitary. Remove and dispose of trash
by bagging and disposing of trash only in the properly designated area of the building. Not use,
keep, or store any toxic or flammable material considered hazardous by any insurance company. No
bicycle is to be kept in the lobby, halls, or stairwells. You are fully responsible for the conduct and
actions of all your guests and invitees. A $25 fine per incident will be assessed to any resident found
to be in violation of the above conditions.
38. TERMINATION: In the event that Tenant violates paragraphs 14, 18, 23 or any other
provisions of this Lease and Management elects to terminate this Lease, Management shall serve
written notice to Tenant specifying the grounds for termination at least thirty (30) days before said
termination.
VIOLATION OF ANY PROVISION OF THIS LEASE MAY SUBJECT THIS LEASE TO
TERMINATION AND DEPOSIT FORFEITURE.
MANAGEMENT
MIAMI BEACH COMMUNITY DEVELOPMENT CORP. TENANT(S)
Initial: s S
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MP",RL KENNED ,VICE P' : DENT 'USANA j RA
And/or Magda antiso, /
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Director Property Manager and/or
Property Management Agent ADILU VI:T
KEYS RECEIVED: X Unit X Mail X Entry n/a Trash Room
LOCKS: You agree not to change your lock or install any additional locks on any doors without the
prior written approval by Management. In case of such approval, you must furnish Management with
duplicate keys before installation of the lock(s).
Addendum: Tenant shall notify Management/owner of intent to vacate the unit in the form of a 30-
day written notice. Management/Owner shall notify tenant of intent of non-renewal in the form of a
30-day written notice.. (DOES NOT APPLY TO SECTION 8 TENANTS)
Tenants responsibilities are to pay the following:Electric & telephone.
Owner provides the following: Central a/c, water,garbage, sewer, range, refrigerator, ceiling fans &
water-heater.
THE LOTTIE APARTMENTS. C/O MBCDC DOES NOT DISCRIMINATE ON THE BASIS OF
HANDICAPPED STATUS IN THE ADMISSION OR ACCESS TO, OR TREATMENT OR
EMPLOYMENT IN, ITS FEDERALLY ASSISTED PROGRAMS AND ACTIVITIES.
Initial: AV/5.5.
•
ATTACHMENTS TO THIS LEASE AGREEMENT
The tenant certifies that he/she has received a copy of this Agreement and the following
Attachment to this Agreement and understands that this Attachment is part of this Lease Agreement.
A. Attachment#1 -Tenancy Addendum Section 8 Tenant-Based Assistance Housing
Choice Voucher Program
Initials:
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Initial:
• 2 Bdrm/2Bath
50 % AMI
MBCDC: LOTTIE APARTMENTS
LEASE AGREEMENT
This lease agreement ("lease") is made this 28th, February, 2014 between Lessor: MBCDC:
LOTTIE APARTMENTS. Whose address for the purpose of this lease is C/O MIAMI BEACH
COMMUNITY DEVELOPMENT CORPORATION, 945 PENNSYLVANIA AVENUE, MIAMI
BEACH, FL 33139, (hereinafter "Management") and the Lessee [s]("Resident "/ "Tenant"):
Rosselie Echavarria . In consideration of(a) Resident's representations in Resident's rental application,
and (b) Resident's payment of the rent and performance of the other provisions of this lease,
Management leases to Resident apartment UNIT 108 ("premises") in the apartment community known
as "MBCDC LOTTIE APARTMENTS, LLC located at 530 — 75th Street, Miami Beach, Florida
33141
OCCUPANCY: Only the following individuals may occupy the premises:
NAME RELATIONSHIP
Rosselie Echavarria Head of Household
Manny Medina Son
Lease expires: February 28th, 2015
1. TERM: This lease shall be 12 months beginning the 1St March, 2014 .If resident takes
possession .of the premises prior to the commencement date of this lease, Resident shall pay rent at the
rate and in the manner required by this lease and such possession in all other respects shall be subject to
the applicable provisions of this lease.
2. RENT: During the term of this lease, Resident shall pay as rent $8,052.00/year payable in
monthly installments of$671.00 in advance on or before the first day of each month commencing with
the commencement date of this lease. If Resident does not pay the monthly installment of rent in a
sufficiently timely manner so as to permit-.its receipt by Management on or before the due date,
Resident shall deliver and pay the monthly installment of rent by Money Order, Certified Check or
Cashier's Check. The rent includes the following utilities:, WATER, SEWER
AND GARBAGE. Resident will pay all other utility charges including
Initial:
electric, telephone, and cable television. Light bulbs and air-filters are to
be replaced at the expense of each resident. Resident shall not waste or
misuse any utilities furnished by Management.
3. LATE CHAR GE AND RETURN CHECK CHARGE: Resident shall pay a late charge of
$10.00 if the monthly installment of rent is not received by Management by the FIFTH (5TH) day of
the month in which it is due, PLUS $5.00 PER DAY THEREAFTER until the amount due is paid
ill full. Resident shall in addition to the late charge also pay Management a $30.00 processing charge
for any Resident's check which is returned because of insufficient funds (NSF), a closed account or any
other similar cause. ALL payments made to replace insufficient (NSF) checks MUST be made by
Money Order, Certified Check or Cashier's Check and Management shall reserve the right to require
Resident to pay the monthly installment of rent by Money Order, Certified Check or Cashier's Check.
Rent shall not be considered paid until actually received by management.
4. ACCELERATION: If Resident should default under this lease, Management shall have the
right to accelerate the payment of the rent reserved for the balance of the term of this lease and declare
said amount due and payable to Management forthwith. If Management should elect to accelerate as
above provided, Resident may not be liable for the total accelerated amount claimed by Management
becauseof Management's obligation to minimize damages, and either Management or Resident may
have a court determine the actual amount, if any, owed by Resident as a result of Management's
acceleration.
5. ADDITIONAL CHARGES: If the Resident should default under this lease requiring
Management to take legal action and Management prevails in said legal action, Resident shall pay all of
Management's attorney's fees and other charges, costs, expenses and damages no later than the next
monthly rental installment due date.
6. SECURITY DEPOSIT: Resident hereby deposits with Management the sum of $707.00
(PAID) as a security deposit under this Lease Agreement, the receipt of which is hereby
acknowledged, which sum shall be held by Management in a separate non-interest bearing account and
upon the following terms and conditions: N_PAYMENT ARRANGEMENT
A. As security for the performance by residents of all the terms, conditions and covenants of
this Lease Agreement; and
B. If resident breaks the lease, or moves out before the end of lease term, or in the event of
default of any kind or nature by Resident, then in such an event Management shall be deemed
authorized to retain security deposit as liquidated, stipulated and agreed upon damages, or Management
may offset security deposit against actual loss or damage sustained by Management; provided,
however, that in no event shall Management be deprived of any other remedy, whether at law or equity
or reserved by the.terms of this Lease Agreement, regardless of retention by Management of the
security deposit;RESIDENT MAY NOT USE THE SECURITY DEPOSIT TO PAY RENT and
C. Within 15 days from the expiration of the term of this Lease Agreement, and in the event
that there has been no default of any kind whatsoever on the part of Resident, said security deposit shall
be returned to Resident or the Management shall give written notice of Management's intention to
impose a claim against said security deposit on account of loss or damage to real property or to the
Initial:
items constituting fixtures-in demised premises, reasonable wear and tear expected.
D. The fact that Management holds a security deposit shall not affect Management's right to
obtain possession of the premises for non-payment of rent.
E. Lessee MAY NOT USE THE SECURITY DEPOSIT TO PAY RENT. If during the term
of this lease the lessor elects to apply all or part of the security deposit to cure a violation committed by
the lessee, then within 3 days after notice from the lessor, the lessee agrees to pay sufficient monies to
restore the security deposit to the original sum deposited.
7. PURPOSE: Resident are to occupy the premises only as a private residential dwelling.
8. POSSESSION: Resident shall not be entitled to possession of the premises until (a) Resident
and Management have signed this lease, and (b) the prior Resident has vacated the premises and (c)
Resident has paid the rent for the first month of the lease term and the security deposit. If the Resident
is unable to take possession at the commencement date of the lease because the premises are not ready
for occupancy or because a prior Resident is holding over or because of any cause beyond
Management's control, the lease term will begin on the first day of the following month provided that
possession can be delivered to the Resident by that time. If possession cannot be delivered by that
time, either party to this lease shall have the right to terminate this lease.
9. ASSIGNMENT AND SUBLEASE: Resident shall not assign this lease nor sublet the
premises without first obtaining Management's written consent. Any sublease shall be on
Management's sublease form and shall be signed by all persons therein designated.
10. USE OF PREMISES: Resident shall use and occupy the premises in a clean and wholesome
manner and in compliance with all applicable governmental requirements, including all public health,
police and fire regulations relating to such use and occupancy to the full extent required by law.
Resident shall not use or operate any equipment or machinery that is harmful to the premises or to the
apartment, community or that is disturbing to other residents of the apartment community. Resident
shall not employ any person or persons in or about the premises whose employment may by law
constitute or create a liability on the part of Management. Resident shall not hire as Resident's
employee any of Management's employees to perform any services at the apartment community.
11. CONDITION OF PREMISES AND REPAIRS BY RESIDENT: Resident
acknowledges that Management has made no representations regarding the condition or state of repairs
of the premises except as expressly set forth in this lease.
RESIDENT AGREES TO BE RESPONSIBLE FOR, AND TO REPAIR AT RESIDENT'S
EXPENSE, ANY DAMAGE THAT OCCURS DURING THE TERM OF THIS LEASE. Resident
agrees to pay any damage done to the premises caused by resident's misuse, recklessness or neglect,
willful or otherwise. Resident shall not cause, allow or permit any waste, misuse or neglect of the
premises and shall pay in advance for the repair of any damages so caused by resident or resident's
guest. During the term of this lease, the Resident shall keep the premises in good repair to the full
extent required by law, and at the expiration of the term of this lease the Resident shall return the
premises to Management in as good condition as when taken, except for reasonable use and wear.
If the Resident should fail to make required repairs and replacements, then Management shall have
the right to enter the premises without causing or constituting a termination of this lease, and at the
Initial:
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Resident's cost, make the required repairs or replacement. Resident shall pay the lawful expenses so
incurred on the next ensuing monthly rental installment due date. Management shall also have the
right to enter the premises without causing or constituting a termination of this lease, in order to install
a separate meter to measure the consumption of heating fuel or other utilities at the premises in the
event that Management should decide to do so, Management's entry into the premises shall be at
reasonable times and in the mariner prescribed by law.
12. ACCESS TO PREMISES: Management shall have reasonable access to the premises to the
extent permitted by law.• You agree to allow management to enter your apartment for inspection,
extermination, or to make necessary repairs or improvements.
13. ALTERATIONS: Resident shall make no alterations, decorations, additions or
improvements in or to the premises or to Management's equipment or fixtures in the premises.
Resident shall not install any fixture or equipment without Management's prior written consent, and
then only by contractors or mechanics first approved in writing by the Management. Any such
installation by Resident without Management's prior written consent may be removed by Management,
and Resident shall pay Management's cost thereon on the next monthly rental installment due date. In
the event that Management's written consent is received, Resident shall cause such work to be done at
such times and in such a manner as Management shall designate in writing and Resident shall pay for
same in a prompt manner. Any mechanic's lien filed against the premises or the apartment community
for work claimed to have been done for or materials claimed to have been furnished to Resident shall
be discharged by the Resident within ten days thereafter. Management shall have the right, but not the
obligation to pay or discharge any such mechanic's lien. If Management should elect to exercise this
right, the Resident shall forthwith pay to management the amount so expended.
14. RULES AND REGULATIONS: Resident shall comply with all of the rules and regulations
governing the premises and the apartment community and shall comply with all of Management's
changes and additions to the rules and regulations. Failure to.do so will result in the termination of a
resident's lease.
15. DAMAGE BY FIRE OR OTHER CASUALTY: If the premises are partially damaged by
fire or other casualty but can be restored to tenantable condition, Management shall repair the premises
with reasonable dispatch. The Resident's obligation to pay rent shall be suspended during the time that
the premises remain untenantable. If the premises are destroyed by fire or other casualty or if the
premises cannot be restored to tenantable condition within a reasonable time, either party shall have
the right to terminate this lease by written notice to the other party. Management is not liable for any
damage to resident's furniture, clothes or other personal items due to casualty including but not limited
to: water, wind, burst pipe, or leak in the roof, windows or side of the building.
16. WAIVER OF SUBROGATION: Each party releases the other party from any liability for
loss, damage or injury caused by the fire or other casualty for which insurance (permitting waiver of
liability and waiver of insurer's rights of subrogation) is carried by the insured party to the extent of
any recovery by the insured party under such insurance policy. Management at its sole expense shall
obtain fire and extended coverage insurance covering the buildings in the apartment community.
Resident, at Resident's sole expense, shall obtain .fire and extended coverage insurance covering
Resident's personal property in the premises and at the apartment community, i.e. "Renter's
Insurance. "
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17. EMINENT DOMAIN: If any part of the premises is condemned by any governmental
authority, then this lease shall terminate as of the date that possession is taken by the governmental
authority. Under this provision, Resident agrees to waive all rights to claim compensation from
Management.
18. DEFAULT: If the Resident should default under this lease by failure to pay the rent when
due, violate or fail to perform any of the terms, conditions, or obligations of this agreement, vacate or
abandon the apartment before the end of the lease term, or if Resident's statements in the rental
application are found to be incorrect or untrue; Management shall have the right to terminate this lease
and to repossess the premises; and cause the Resident to vacate the premises in the manner provided by
law. If this should occur, Resident shall pay Management the expense incurred in obtaining possession
of the premises and all other damages sustained by Management to the extent permitted by law.
19. SEVERABILITY: If any provision of this lease should be or become invalid, such invalidity
shall not in any way affect any of the other.provisions of this lease which shall continue to remain in
full force and effect.
20. WAIVER: If Management should waive any provisions of this lease, it shall not be
construed as a waiver of a further breach of such provision.
21. MODIFICATIONS: No modification of this lease shall be binding unless in writing signed
by the Resident and by an authorized agent of Management and countersigned by an officer of the
management company.
22. RIGHT TO MORTGAGE: Management shall have the right to subordinate this lease to any
mortgage now or hereafter placed on the premises or on the apartment community. At Management's
request, Resident shall execute and deliver such..documents_as may be required in order to accomplish
the purposes of this paragraph.
23. MORTGAGE: Financing for the Florida Housing Finance Agency provided this apartment
community, and Low Income Housing Tax Credits. The Tax Credit Program and other financing
sources require an income certification by the resident certifying that all information set forth therein is
true complete and correct. If any information contained within the certification should prove to be
untrue, incomplete, or incorrect, Management has the right to terminate this lease. These income
certifications shall be renewed annually.
24. LIABILITY: In the event that this lease should be signed as Resident by more than one
person, then the liability of the persons signing shall be joint and several.
25. QUIET ENJOYMENT: Upon Resident paying the rent and performing all of the other
provisions of this lease, Management agrees that Resident shall peacefully and quietly have, hold and
enjoy the premises during the term of this lease.
26. PETS: RESIDENT OR RESIDENT'S GUESTS SHALL KEEP NO PETS IN, AT OR
ABOUT THE PREMISES.
Initial:
27. STORAGE OF PROPERTY: If Management should provide storage space, Resident's
property shall only be stored in the space designated by Management. This storage space shall be
subject to all applicable provisions of this lease.
28. NOTICE OF INTENTION TO VACATE OR RENEW: At least thirty (30) days before the
end of this lease, (i) if Management refuses to renew the lease, Management shall provide tenant with
written notice specifying the grounds. for said refusal, or (ii) if the tenancy will be renewed,
Management shall notify Resident in writing of any increase/decrease in rent for the following year and
Resident shall notify management in writing that Resident offers to sign a new lease at the rent set by
Management in the manner permitted by law and subject to all provisions of this lease which may be
applicable, or that the premises will be vacated at the end of this lease. The Resident's written notice
shall indicate the names and family relationship of each of the occupants. Notwithstanding anything
herein to the contrary, Management shall not be obligated to enter a new lease. Resident shall deliver
the keys of the premises to Management at the time Resident vacates premises. Any of Resident's
property left in, at or about the premises at the time the Resident vacates the premises shall be deemed
to be abandoned by the Resident and Resident hereby authorized Management to dispose of same as
abandoned property. Until the keys are delivered to Management as evidenced by Management's
receipt therefore, the Resident shall remain liable under this lease to the extent permitted by law. Keys
shall be delivered to Management upon vacating the premises and in any event no later than 12:00 noon
on the next business day following the expiration of the term of this lease and/or the Resident's vacating
of the premises. (DOES NOT APPLY TO SECTION 8 TENANTS),
29. NOTICE OF INJURIES: In the event of any injuries to Tenant tenants family, guests, or
invitee's or in the event of any damage to any of their property that is allegedly caused by the
negligence of Management or its agents or employees, Tenant shall give Management a written notice
of the occurrence of the injury or damage within five (5) days of the happening thereof. The written
notice shall be delivered to Management at Management's office set forth in the introductory clause-
preceding Paragraph 1.above, or at such other address, which.Management_should hereafter furnish in
writing to the Tenant. Management shall not be liable for any injury, damage or loss resulting from any
accident or occurrence, acts of other tenants, wrongful or criminal acts of any third party in or upon the
building or your apartment sustained by you or any person claiming through you. •
30. REMEDIES NOT EXCLUSIVE: Each and every of the rights, remedies and benefits
provided by this lease shall be cumulative and shall not be exclusive of any other of said rights,
remedies and benefits or of any other rights, remedies and benefits allowed by law.
31. LEASE BINDING: The provisions of this lease shall be binding upon and shall be for the
benefit of Management and Tenant and their respective successors in interest.
32. ADDITIONAL DOCUMENTS: The Lessee hereby agrees to execute and deliver, if and to
the extent necessary, any additional certifications, agreements and other documents as may be required
from time to time by the Florida Housing Finance Agency with respect to the occupancy, prospective
occupancy or continued occupancy of the Premises by the Lessee and all other occupants of the
Premises.
33. RADON GAS DISCLOSURE STATEMENT: This disclosure is required by Florida
Statutes 404.056(8): Radon is a naturally occurring radioactive gas that, when it is accumulated in a
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• building in sufficient quantities, may present health risks to persons who are exposed to it over time. .
Levels of radon that exceed federal and state guidelines have been found in buildings in Florida.
Additional information regarding radon and radon testing may be obtained from your county public
health unit.
34. AUDIT: Errors found through audit by Management in the term of lease or the amount of rent
is grounds for correction to this lease agreement.
35. RETURN OF SECURITY DEPOSIT: Tenant promises to deliver the premises in good
condition upon termination of tenancy. Management will deduct from your security deposit, the cost, if
any, of doing the following work:
Fixing any damage, defects, or deterioration to your apartment or building caused by you or an
occupant or guest of your apartment. Cleaning the apartment, including the stove, oven, refrigerator,
closets cabinets, tiles, etc. Removal and disposal of any garbage, trash or furniture left by you in the
apartment. Removal of all nails screws fasteners from the walls or ceilings, and patching or plastering
all holes. Cleaning and waxing all tiles floors. Cleaning the carpet and leaving it spotless and odorless.
Re-keying or changing the lock due to failure to return keys. Curing any other violations by you of the
terms of this lease.
36. NO BROKER: You represent that no agent or real estate broker, other than Miami Beach
Community Development Corporation, has introduced you or shown you the apartment and that no
other agent or broker is entitled to any commission in connection with this lease. You agree to
indemnify the lessor with respect to any such claim.
37. TENANTS NON-MONETARY OBLIGATIONS: Tenant agrees not to make loud
noise, play an instrument, radio or television so that it disturbs your neighbors or in any way breach the
peace. If anyone in the building.complains about noise from your apartment, you agree to immediately
curtail the noise. You must respect other resident's privacy and right to quiet enjoyment. Keep
air-filters, refrigerator, and plumbing facilities clean and sanitary. Remove and dispose of trash
by bagging and disposing of trash only in the properly designated area of the building. Not use,
keep, or store any toxic or flammable material considered hazardous by any insurance company. No
bicycle is to be kept in the lo bby, halls, or stairwells. You are fully responsible for the conduct and
actions of all your guests and invitees. A $25 fine per incident will be assessed to any resident found
to be in violation of the above conditions.
38. TERMINATION: In the event that Tenant violates paragraphs 14, 18, 23 or any other
provisions of this Lease and Management elects to terminate this Lease, Management shall serve
written notice to Tenant specifying the grounds for termination at least thirty (30) days before said
termination.
VIOLATION OF ANY PROVISION OF THIS LEASE MAY SUBJECT THIS LEASE TO
TERMINATION AND DEPOSIT FORFEITURE.
MANAGEMENT
MIAMI BEACH COMMUNITY DEVELOPMENT CORP. TENANT(S)
Initial:
•
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'N S RUSS,ACTING EXECU IV ROSSELIE ECHAVARRIA
DIRECTOR AND/O'
PROPERTY MANA 1 GMENT AGENT
KEYS RECEIVED: X Unit X Mail X Entry n/a Trash Room
LOCKS: You agree not to change your lock or install any additional locks on any doors without the
prior written approval by Management. In case of such approval, you must furnish Management with
duplicate keys before installation of the lock(s).
Addendum: Tenant shall notify Management/owner of intent to vacate the unit in the form of a 30-
day written notice. Management/Owner shall notify tenant of intent of non-renewal in the form of a
30-day written notice.. (DOES NOT APPLY TO SECTION 8 TENANTS)
Tenants responsibilities are to pay the,following:Electric& telephone.
Owner provides the following: Central a/c, water,garbage, sewer, range, refrigerator, ceiling fans&
water-heater.
THE LOTTIE APARTMENTS. C/O MBCDC DOES NOT DISCRIMINATE ON THE BASIS OF
HANDICAPPED STATUS IN THE ADMISSION OR ACCESS TO, OR TREATMENT OR
EMPLOYMENT IN, ITS FEDERALLY ASSISTED PROGRAMS AND ACTIVITIES.
Initial:
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ATTACHMENTS TO THIS LEASE AGREEMENT
The tenant certifies that he/she has received a copy of this Agreement and the following
Attachment to this Agreement and understands that this Attachment is part of this Lease Agreement.
A. Attachment#1 - Tenancy Addendum Section 8 Tenant- Based Assistance Housing
Choice Voucher Program
Initials: //27�
Initial: ir21"----
2 Bdrm/2Bath
• 50 % AMI
•
MBCDC: LOTTIE APARTMENTS
LEASE AGREEMENT
This lease agreement ("lease") is made this 28th, March, 2014 between Lessor: MBCDC: LOTTIE
APARTMENTS. Whose address for the purpose of this . lease is C/O MIAMI BEACH
COMMUNITY DEVELOPMENT CORPORATION, 945 PENNSYLVANIA AVENUE, MIAMI
BEACH, FL 33139, (hereinafter "Management") and the Lessee [s]("Resident "/ "Tenant"):
Marcia V. Guerrero . In consideration of (a) Resident's representations in Resident's rental
application, and (b) Resident's payment of the rent and performance of the other provisions of this
lease, Management leases to Resident apartment UNIT 109 ("premises") in the apartment community
known as "THE LOTTIE APARTMENTS located at 530 75th' Street, Miami Beach,Florida 33140
OCCUPANCY: Only the following individuals may occupy the premises:
NAME RELATIONSHIP
Marcia V. Guerrero Head of Household
Sofia C. Obispo DAUGHTER
Emely V. Olivares DAUGHTER
Alejandro M. Olivares SON
Lease expires: March 31st, 2015
• shall be 12 months be innin
1. TERM: This lease sh g g the 1St April, 2014 .If resident takes
possession of the premises prior to the commencement date of this lease, Resident shall pay rent at the
rate and in the manner required by this lease and such possession in all other respects shall be subject to
the applicable provisions of this lease.
2. RENT: During the term of this lease, Resident shall pay as rent$ 8,052.00/year payable in
monthly installments of$671.00 in advance on or before the first day of each month commencing with
the commencement date of this lease. If Resident does not pay the monthly installment of rent in a
sufficiently timely manner so as to permit its receipt by Management on or before the due date,
Resident shall deliver and pay the monthly installment of rent by Money Order, Certified Check or
Initial: 1 \4 G
Cashier's Check. The rent includes the following utilities:, WATER, SEWER
AND . GARBAGE. Resident will pay all other utility charges including
electric, telephone,.and cable television. Light bulbs and air-filters are to
be replaced at the expense of each resident. Resident shall not waste or
misuse any utilities furnished by Management.
3. LATE CHARGE AND RETURN CHECK CHARGE: Resident shall pay a late charge of
$10.00 if the monthly installment of rent is not received by Management by the FIFTH (5TH) day of
the month in which it is due, PLUS $5.00 PER DAY THEREAFTER until the amount due is paid
in full. Resident shall in addition to the late charge also pay Management a $30.00 processing charge
for any Resident's check which is returned because of insufficient funds (NSF), a closed account or any
other similar cause. ALL payments made to replace insufficient (NSF) checks MUST be made by
Money Order, Certified Check or Cashier's Check and Management shall reserve the right to require
Resident to pay the monthly installment of rent by Money Order, Certified Check or Cashier's Check.
Rent shall not be considered paid until actually received by management.
4. ACCELERATION: If Resident should default under this lease, Management shall have the
right to accelerate the payment of the rent reserved for the balance of the term of this lease and declare
said amount due and payable to Management forthwith. If Management should elect to accelerate as
above provided, Resident may not be liable for the total accelerated amount claimed by Management
becauseof Management's obligation to minimize damages, and either Management or Resident may
have a court determine the actual amount, if any, owed by Resident as a result of Management's
acceleration.
5. ADDITIONAL CHARGES: If the Resident should default under this lease requiring
Management to take legal action and Management prevails in said legal action, Resident shall pay all of
Management's attorney's fees and other charges, costs, expenses and damages no later than the next
monthly rental installment due date.
6. SECURITY DEPOSIT: Resident hereby deposits with Management the sum of $707.00
(PAID) as a security deposit under this Lease Agreement, the receipt of which is hereby
acknowledged, which sum shall be held by Management in a separate non-interest bearing account and
upon the following terms and conditions: N/A PAYMENT ARRANGEMENT
A. As security for the performance by residents of all the terms, conditions and covenants of
this Lease Agreement; and .
B. If resident breaks the lease, or moves out before the end of lease term, or in the event of
default of any kind or nature by Resident, then in such an event Management shall be deemed
authorized to retain security deposit as liquidated, stipulated and agreed upon damages, or Management
may offset security deposit against actual loss or damage sustained by Management; provided,
however, that in no event shall Management be deprived of any other remedy, whether at law or equity
or reserved by the terms of this Lease Agreement, regardless of retention by Management of the
security deposit;RESIDENT MAY NOT USE THE SECURITY DEPOSIT TO PAYMENT and
C. Within 15 days from the expiration of the term of this Lease Agreement, and in the event
that there has been no default of any kind whatsoever on the part of Resident, said security deposit shall
• Initial: Ne\a,
be returned to Resident or the Management shall give written notice of Management's intention to
impose a claim against said security deposit on account of loss or damage to real property or to the
items constituting fixtures in demised premises, reasonable wear and tear expected.
D. The fact that Management holds a security deposit shall not affect Management's right to
obtain possession of the premises for non-payment of rent.
E. Lessee MAY NOT USE THE SECURITY DEPOSIT TO PAY RENT. If during the term
of this lease the lessor elects to apply all or part of the security deposit to cure a violation committed by
the lessee, then within 3 days after notice from the lessor, the lessee agrees to pay sufficient monies to
restore the security deposit to the original sum deposited.
7. PURPOSE: Resident are to occupy the premises only as a private residential dwelling.
8. POSSESSION: Resident shall not be entitled to possession of the premises until (a)Resident
and Management have signed this lease, and (b) the prior Resident has vacated the premises and (c)
Resident has paid the rent for the first month of the lease tern and the security deposit. If the Resident
is unable to take possession at the commencement date of the lease because the premises are not ready
for occupancy or because a prior Resident is holding over or because of any cause beyond
Management's control, the lease term will begin on the first day of the following month provided that
possession can be delivered to the Resident by that time. If possession cannot be delivered by that
time, either party to this lease shall have the right to terminate this lease.
9. ASSIGNMENT AND SUBLEASE: Resident shall not assign this lease nor sublet the
premises without first obtaining Management's written consent. Any sublease shall be on
Management's sublease form and shall be signed by all persons therein designated.
10. USE OF PREMISES: Resident shall use and occupy the premises in a clean and wholesome
manner and in compliance with all applicable governmental requirements, including all public health,
police and fire regulations relating to such use and occupancy to the full extent required by law.
Resident shall not use or operate any equipment or machinery that is harmful to the premises or to the
apartment, community or that is disturbing to other residents of the apartment community. Resident
shall not employ any person or persons in or about the premises whose employment may by law
constitute or create a liability on the part of Management. Resident shall not hire as Resident's
employee any of Management's employees to perform any services at the apartment community.
11. CONDITION OF PREMISES AND REPAIRS BY RESIDENT: Resident
acknowledges that Management has made no representations regarding the condition or state of repairs
of the premises except as expressly set forth in this lease.
RESIDENT AGREES TO BE RESPONSIBLE FOR, AND TO REPAIR AT RESIDENT'S
EXPENSE, ANY DAMAGE THAT OCCURS DURING THE TERM OF THIS LEASE. Resident
agrees to pay any damage done to the premises caused by resident's misuse, recklessness or neglect,
willful or otherwise. Resident shall not cause, allow or permit any waste, misuse or neglect of the
premises and shall pay in advance for the repair of any damages so caused by resident or resident's
guest. During the term of this lease, the Resident shall keep the premises in good repair to the full
extent required by law, and at the expiration of the term of this lease the Resident shall return the
premises to Management in as good condition as when taken, except for reasonable use and wear.
Initial: 1\(\G
If the Resident should fail to make required repairs and replacements, then Management shall have
the right to enter the premises without causing or constituting a termination of this lease, and at the
Resident's cost, make the required repairs or.replacement. Resident shall pay the lawful expenses so
incurred on the next ensuing monthly rental installment due date. Management shall also have the
right to enter the premises without causing or constituting a termination of this lease, in order to install
a separate meter to measure the consumption of heating fuel or other utilities at the premises in the
event that Management should decide to do so, Management's entry into the premises shall be at
reasonable times and in the manner prescribed by law.
12. ACCESS TO PREMISES: Management shall have reasonable access to the premises to the
extent permitted by law. You agree to allow management to enter your apartment for inspection,
extermination, or to make necessary repairs or improvements.
13. ALTERATIONS:• Resident shall make •no alterations, decorations, additions or
improvements in or to the premises or to Management's equipment or fixtures in the premises.
Resident shall not install any fixture or equipment without Management's prior written consent, and
then only by contractors or mechanics first approved in writing by the Management. Any such
installation by Resident without Management's prior written consent may be removed by Management,
and Resident shall pay Management's cost thereon on the next monthly rental installment due date. In
the event that Management's written consent is received, Resident shall cause such work to be done at
such times and in such a manner as Management shall designate in writing and Resident shall pay for
same in a prompt manner. Any mechanic's lien filed against the premises or the apartment community
for work claimed to have been done for or materials claimed to have been furnished to Resident shall
be discharged by the Resident within ten days thereafter. Management shall have the right,but not the
obligation to pay or discharge.any such mechanic's lien. If Management should elect to exercise this
right, the Resident shall forthwith pay to management the amount so expended.
14. RULES AND REGULATIONS: Resident shall comply with all of the rules and regulations
governing the premises and the apartment community and shall comply with all of Management's
changes and additions to the rules and regulations. Failure to do so will result in the termination of a
resident's lease.
15. DAMAGE BY FIRE OR OTHER CASUALTY: If the premises are partially damaged by
fire or other casualty but can be restored to tenantable condition, Management shall repair the premises
with reasonable dispatch. The Resident's obligation to pay rent shall be suspended during the time that
the premises remain untenantable. If the premises are destroyed by fire or other casualty or if the
premises cannot be restored to tenantable condition within a reasonable time, either party shall have
the right to terminate this lease by written notice to the other party. Management is not liable for any
damage to resident's furniture, clothes or other personal items due to casualty including but not limited
to: water, wind, burst pipe, or leak in the roof, windows or side of the building.
16. WAIVER OF SUBROGATION: Each party releases the other party from any liability for
loss, damage or injury caused by the fire or other casualty for which insurance (permitting waiver of
liability and waiver of insurer's rights of subrogation) is carried by the insured party to the extent of
any recovery by the insured party under such insurance policy. Management at its sole expense shall
obtain fire and extended coverage insurance covering the buildings in the apartment community.
Resident, at Resident's sole expense, shall obtain fire and extended coverage insurance covering
Initial: ki\G
• Resident's personal property in the premises and at the apartment community, i.e. "Renter's
Insurance. "
17. EMINENT DOMAIN: If any part of the premises is condemned by any governmental
authority, then this lease shall terminate as of the date that possession is taken by the governmental
authority. Under this provision, Resident agrees to waive all rights to claim compensation from
Management.
18. DEFAULT: If the Resident should default under this lease by failure to pay the rent when
due, violate or fail to perform any of the terms, conditions, or obligations of this agreement, vacate or
abandon the apartment before the end of the lease term, or if Resident's statements in the rental
application are found to be incorrect or untrue; Management shall have the right to terminate this lease
and to repossess the premises; and cause the Resident to vacate the premises in the manner provided by
law. If this should occur, Resident shall_pay Management the expense incurred in obtaining possession
of the premises and all other damages sustained by Management to the extent permitted by law.
19. SEVERABILITY: If any provision of this lease should be or become invalid, such invalidity
shall not in any way affect any of the other provisions of this lease which shall continue to remain in
full force and effect.
20. WAIVER: If Management should waive any provisions of this lease, it shall not be
construed as a waiver of a further breach of such provision.
21. MODIFICATIONS: No modification of this lease shall be binding unless in writing signed
by the Resident and by an authorized agent of Management and countersigned by an officer of the
management company.
22. RIGHT TO MORTGAGE: Management shall have the right to subordinate this lease to any
mortgage now or hereafter placed on the premises or on the apartment community. At Management's
request, Resident shall execute and deliver such documents as may be required in order to accomplish
the purposes of this paragraph.
23. MORTGAGE: Financing for the Florida Housing Finance Agency provided this apartment
community, and Low Income Housing Tax Credits. The Tax Credit Program and other financing
sources require an income certification by the resident certifying that all information set forth therein is
true complete and correct._ If any information contained within the certification should prove to be
untrue, incomplete, or incorrect, Management has the right to terminate this lease. These income
certifications shall be renewed annually.
24. LIABILITY: In the event that this lease should be signed as Resident by more than one
person, then the liability of the persons signing shall be joint and several.
25. QUIET ENJOYMENT: Upon Resident paying the rent and performing all of the other
provisions of this lease, Management agrees that Resident shall peacefully and quietly have, hold and
enjoy the premises during the term of this lease.
Initial:
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26. PETS: RESIDENT OR RESIDENT'S GUESTS SHALL KEEP NO PETS IN, AT OR
ABOUT THE PREMISES.
27. STORAGE OF PROPERTY: If Management should provide storage space, Resident's
property shall only be stored in the space designated by Management. This storage space shall be
subject to all applicable provisions of this lease.
28. NOTICE OF INTENTION TO VACATE OR RENEW: At least thirty (30) days before the
end of this lease, (i) if Management refuses to renew the lease, Management shall provide tenant with
written notice specifying the grounds for said refusal, or (ii) if the tenancy will be renewed,
Management shall notify Resident in writing of any increase/decrease in rent for the following year and
Resident shall notify management in writing that Resident offers to sign a new lease at the rent set by
Management in the manner permitted by law and subject to all provisions of this lease which may be
applicable, or that the premises will be vacated at.the.end of this lease. The Resident's written notice
shall indicate the names and family relationship of each of the occupants. Notwithstanding anything
herein to the contrary, Management shall not be obligated to enter a new lease. Resident shall deliver
the keys of the premises to Management at the time Resident vacates premises. Any of Resident's
property left in, at or about the premises at the time the Resident vacates the premises shall be deemed
to be abandoned by the Resident and Resident hereby authorized Management to dispose of same as
abandoned property. Until the keys are delivered to Management as evidenced by Management's
receipt therefore, the Resident shall remain liable under this lease to the extent permitted by law. Keys
shall be delivered to Management upon vacating the premises and in any event no later than 12:00 noon
on the next business day following the expiration of the term of this lease and/or the Resident's vacating
of the premises. (DOES NOT APPLY TO SECTION 8 TENANTS)
29. NOTICE OF INJURIES: In the event of any injuries to Tenant tenants family, guests, or
invitee's or in the event of any damage to any of their property that is allegedly caused by the
negligence of Management or its agents or employees, Tenant shall give Management a written notice
of the occurrence of the injury or damage within five (5) days of the happening thereof The written
notice shall be delivered to Management at Management's office set forth in the introductory clause-
preceding Paragraph 1 above, or at such other address, which Management should hereafter furnish in
writing to the Tenant. Management shall not be liable for any injury, damage or loss resulting from any
accident or occurrence, acts of other tenants, wrongful or criminal acts of any third party in or upon the
building or your apartment sustained by you or any person claiming through you.
30. REMEDIES NOT EXCLUSIVE: Each and every of the rights, remedies and benefits
provided by this lease shall be cumulative and shall not be exclusive of any other of said rights,
remedies and benefits or of any other rights, remedies and benefits allowed by law.
31. LEASE BINDING: The provisions of this lease shall be binding upon and shall be for the
benefit of Management and Tenant and their respective successors in interest.
32. ADDITIONAL DOCUMENTS: The Lessee hereby agrees to execute and deliver, if and to
the extent necessary, any additional certifications, agreements and other documents as may be required
from time to time by the Florida Housing Finance Agency with respect to the occupancy, prospective
occupancy or continued occupancy of the Premises by the Lessee and all other occupants of the
Premises.
Initial: IV\CO
•
33. RADON GAS DISCLOSURE STATEMENT: This disclosure is required by Florida
Statutes 404.056(8): Radon is a naturally occurring radioactive gas that, when it is accumulated in a
building in sufficient quantities, may present health risks to persons who are exposed to it over time.
Levels of radon that exceed federal and state guidelines have been found in buildings in Florida.
Additional information regarding radon and radon testing may be obtained from your county public
health unit.
34. AUDIT: Errors found through audit by Management in the term of lease or the amount of rent
is grounds for correction to this lease agreement.
35. RETURN OF SECURITY DEPOSIT: Tenant promises to deliver the premises in good
condition upon termination of tenancy. Management will deduct from your security deposit, the cost, if
any, of doing the following work:
Fixing any damage, defects, or deterioration to your apartment or building caused by you or an
occupant or guest of your apartment. Cleaning the apartment, including the stove, oven, refrigerator,
closets cabinets, tiles, etc. Removal and disposal of any garbage, trash or furniture left by you in the
apartment. Removal of all nails screws fasteners from the walls or ceilings, and patching or plastering
all holes. Cleaning and waxing all tiles floors. Cleaning the carpet and leaving it spotless and odorless.
Re-keying or changing the lock due to failure to return keys. Curing any other violations by you of the
terms of this lease.
36. NO BROKER: You represent that no agent or real estate broker, other than Miami Beach
Community Development Corporation, has introduced you or shown you the apartment and that no
other agent or broker is entitled to any commission in connection with this lease. You agree to
indemnify the lessor with respect to any such claim.
37. TENANTS NON-MONETARY OBLIGATIONS: Tenant agrees not to make loud
noise, play an instrument, radio or television so that it disturbs your neighbors or in any way breach the
peace. If anyone in the building complains about noise from your apartment, you agree to immediately
curtail the noise. You must respect other resident's privacy and right to quiet enjoyment. Keep
air-filters, refrigerator, and plumbing facilities clean and sanitary. Remove and dispose of trash
by bagging and disposing of trash only in the properly designated area of the building. Not use,
keep, or store any toxic or flammable material considered hazardous by any insurance company. No
bicycle is to be kept in the lobby, halls, or stairwells. You are fully responsible for the conduct and
actions of all your guests and invitees. A $25 fine per incident will be assessed to any resident found
to be in violation of the above conditions.
38.TERMINATION: In the event that Tenant violates paragraphs 14, 18, 23 or any other
provisions of this Lease and Management elects to terminate this Lease, Management shall serve
written notice to Tenant specifying the grounds for termination at least thirty (30) days before said
termination.
VIOLATION OF ANY PROVISION OF THIS LEASE MAY SUBJECT THIS LEASE TO
TERMINATION AND DEPOSIT FORFEITURE.
Initial: I\1\
MANAGEMENT
MIAMI BEACH COMMUNITY DEVELOPMENT CORP. TENANT(S)
B . u
'L KENNE ,VIC 'RESIDENT MARCIA V.GUERRERO
and/or Property Management Agent
KEYS RECEIVED: X Unit X Mail X Entry n/a Trash Room
LOCKS: You agree not to change your lock or install any additional locks on any doors without the
prior written approval by Management. In case of such approval, you must furnish Management with
duplicate keys before installation of the lock(s).
Addendum: Tenant shall notify Management/owner of intent to vacate the unit in the form of a 30-
day written notice. Management/Owner shall notify tenant of intent of non-renewal in the form of a
30-day written notice.. (DOES NOT APPLY TO SECTION 8 TENANTS)
Tenants responsibilities are to pay the following:Electric& telephone.
Owner provides the following: Central a/c, water,garbage, sewer, range, refrigerator, ceiling fans &
water-heater.
THE LOTTIE APARTMENTS. C/O MBCDC DOES NOT DISCRIMINATE ON THE BASIS OF
HANDICAPPED STATUS IN THE ADMISSION OR ACCESS TO, OR TREATMENT OR
EMPLOYMENT IN,ITS FEDERALLY ASSISTED PROGRAMS AND ACTIVITIES.
Initial: G
. r
v
Y •
ATTACHMENTS TO THIS LEASE AGREEMENT
The tenant certifies that he/she has received a copy of this Agreement and the following
Attachment to this Agreement and understands that this Attachment is part of this Lease Agreement.
A. Attachment #1 -Tenancy Addendum Section 8 Tenant - Based Assistance Housing
Choice Voucher Program
Initials:
Initial:
Exhibit C
Funding Agreements
Mortgage and Secu ri ty Agreement between MBCDC: Lottie Apartments, LLC, and the
City, dated August 10, 2010, recorded in O.R. Book 27389, Page 1007, of the Public
Records of Miami-Dade County, Florida, in the original principal amount of
$1,864,000.00.
21
I
Composite Exhibit D
Management and Operation Agreements
There are no third party Management and Operation Agreements. The
existing Management and Operation Agreements with Seller shall be
terminated at closing.