2015-29074 Reso RESOLUTION NO. 2015-29074
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE
FINANCE AND CITYWIDE PROJECTS COMMISSION COMMITTEE, AND
WAIVING, BY 5/7TH VOTE, THE COMPETITIVE BIDDING REQUIREMENT,
FINDING SUCH WAIVER TO BE IN THE BEST INTEREST OF THE CITY; AND
APPROVING AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE
A LEASE AGREEMENT, SUBSTANTIALLY IN THE FORM ATTACHED TO THIS
RESOLUTION, BETWEEN THE CITY AND SB WAXING, INC. (TENANT), FOR
THE USE OF APPROXIMATELY 1,291 SQUARE FEET OF CITY-OWNED
PROPERTY, LOCATED AT 1701 MERIDIAN AVENUE, UNIT 3 (A/K/A 771 17TH
STREET), MIAMI BEACH, FLORIDA (PREMISES), FOR A TERM OF FIVE (5)
YEARS, WITH ONE (1) RENEWAL OPTION (AT TENANT'S OPTION) FOR FOUR
(4) YEARS AND THREE HUNDRED AND SIXTY FOUR (364) DAYS.
WHEREAS, on July 15, 2009, the Mayor and City Commission adopted Resolution No. 2009-
27129 approving a lease agreement between the City and the Roma Waxing, Inc. (d/b/a Uni.K
Wax) for the use of approximately 1,291 square feet of City-owned property, located at 1701
Meridian Avenue, Unit 3 (a/k/a 771 17th Street), Miami Beach, Florida, to be used for the
purpose(s) of operating a hair removal facility, including waxing and retail sales of related items,
as well as facials and retail sales of related items; and
WHEREAS, the lease contained an initial term of three (3) years, commencing August 1, 2009
and ending July 31, 2012, with one (1) renewal option for an additional three (3) years; and
WHEREAS, on December 9, 2009, the Mayor and City Commission adopted Resolution No.
2009-27275 approving a Consent to Assignment and Assumption of Lease Agreement whereby
Roma Waxing, Inc. assigned its lease to SB Waxing, Inc. (d/b/a Uni.K Wax) (Tenant) and certain
terms and conditions of the Lease Agreement were modified; and
WHEREAS, on May 30, 2012, Tenant exercised its sole renewal option for a period of three
(3) years, commencing August 1, 2012 and ending July 31, 2015; and
WHEREAS, Tenant requested a new lease for an initial term of five (5) years, commencing
August 1, 2015 and ending July 31, 2020, with one (1) renewal option for an additional four (4)
years and three hundred and sixty four (364) days; and
WHEREAS, the Administration secured a fair market rent analysis and negotiated material
terms and conditions for a new lease agreement with Tenant; and
WHEREAS, the Administration submitted the agreed upon terms and conditions to the Finance
and Citywide Projects Committee (FCWPC) at its July 1, 2015 meeting, and the FCWPC
recommended approving a new lease agreement with Tenant, for a period of five (5) years, with
one (1) renewal option for an additional four(4) years and three hundred and sixty four (364) days,
containing the following essential terms:
Initial Term: Five (5) years commencing August 1, 2015 and ending July 31, 2020.
Renewal Option: So long as Tenant has never been in an uncured default of the Lease, upon
providing Landlord written notice six (6) months prior to the expiration of the
Initial Lease Term, Tenant shall have one (1) renewal option, for a period of
four (4) years and 364 days, at the then prevailing fair market rent.
Termination Option: In the event the City determines, in its sole and absolute discretion, to
demolish, renovate or repurpose the 1701 Meridian Avenue building, the
City shall have the right to terminate the lease at any time throughout the
Initial Term, or renewal term, upon providing one hundred eighty days (180)
prior written notice to Tenant.
Base Rental Rate: $42.00 Triple Net, per rentable square foot, plus applicable sales tax.
Increases: The Base Rental Rate shall be increased by three percent (3%) annually.
Lease Basis: Triple Net - Tenant shall pay its proportionate share of the costs of real
estate taxes, insurance and maintenance expenses.
Security Deposit: Two (2) month's gross rent
Construction Tenant shall accept the Premises in "as-is" condition.
Allowance:
WHEREAS, the Administration recommends the approval of a new lease agreement
containing these essential terms, substantially in the form attached hereto as Exhibit A.
NOW, THEREFORE, BE IT DULY RESOLVED THAT THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, hereby accept the recommendation
of the Finance and Citywide Projects Committee, and waive, by 5/7ths vote, the competitive
bidding requirement, finding such waiver to be in the best interest of the City; and approving and
authorizing the Mayor and City Clerk to execute a lease agreement, substantially in the form
attached to this Resolution, between the City and SB Waxing, Inc. (Tenant), for the use of
approximately 1,291 square feet of City-owned property, located at 1701 Meridian Avenue, Unit 3
(a/k/a 771 17th Street), Miami Beach, Florida (Premises), for a term of five (5) years, with one (1)
renewal option (at Tenant's option) for four(4) years and three hundred and sixty four(364) days.
PASSED and ADOPTED this Y day of f;// 2015.
ATTEST:
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COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution Of The Mayor And City Commission Accepting The Recommendation Of The Finance And Citywide Projects
Committee, And Waiving By 5/7ths Vote, The Competitive Bidding Requirement, Finding Such Waiver To Be In The Best
Interest Of The City; And Approving And Authorizing The Mayor And City Clerk To Execute A New Lease Agreement,
Between The City And SB Waxing, LLC (Tenant), For The Use Of Approximately 1,291 Square Feet Of City-Owned
Property Located At 1701 Meridian Avenue, Unit 3 (a/k/a 771 17th Street), For A Term Of Five (5) Years, With One (1)
Renewal Option For An Additional Four(4)Years and 364 Days.
Key Intended Outcome Supported:
N/A
Supporting Data(Surveys, Environmental Scan,etc.):
N/A
Item Summary/Recommendation:
The City of Miami Beach and SB Waxing, Inc. (d/b/a Uni.K Wax) ("Tenant") are parties to a lease dated July 15; 2009 for
the use of approximately 1,291 square feet of City-owned property, located at 1701 Meridian Avenue, Unit 3 (a/k/a 771
17th Street), Miami Beach, Florida, to be used for the purpose(s) of operating a hair removal facility, including waxing and
retail sales of related items, as well as facials and retail sales of related items.
The lease contained an initial term of three (3)years, commencing August 1, 2009 and ending July 31, 2012,with one (1)
renewal option for an additional three (3) years. Tenant exercised its sole renewal option for a period of three (3) years,
commencing August 1,2012 and ending July 31,2015.
Tenant requested a new lease for an initial term of five (5)years, commencing August 1, 2015 and ending July 31, 2020,
with one(1) renewal option for an additional four(4)years and three hundred and sixty four(364)days.
Subsequently, the Administration secured a fair market rent analysis and negotiated material terms and conditions for a
new lease agreement.
The terms and conditions of the new lease agreement include an initial term of five (5)years, commencing August 1, 2015
and ending July 31, 2020, with an additional renewal option for a period of four (4) years and 364 days, at the then
prevailing fair market rent. The Base Rental Rate is $42.00 PSF, with three percent (3%) annual increases, plus $11.80
PSF for Operating Expenses.
Tenant shall accept the Premises in "as-is" condition and shall provide two (2) month's security deposit. There are no
brokerage commissions due for this transaction.
In the event the City determines, in its sole and absolute discretion, to demolish, renovate or repurpose the 1701 Meridian
Avenue building, the City shall have the right to terminate the lease at any time throughout the Initial Term, or renewal
term, upon providing one hundred eighty days(180)prior written notice to Tenant.
The Administration recommends that the City Commission adopt the recommendation of the FCWPC from its July 1, 2015
meeting,and approve a new lease agreement, subject to final review and approval by the City Attorney's Office.
Advisory Board Recommendation:
The Administration submitted the agreed upon terms and conditions to the Finance and Citywide Projects Committee
(FCWPC)at its July 1, 2015 meeting,and the FCWPC recommended approving a new lease agreement with Tenant,for a
period of five(5)years; and further recommended allowing one(1)additional renewal option for five(5)years.
Financial Information:
Amount Account
Source of Funds: 1 N/A
Financial Impact Summary: The Base Rental Rate is $42.00 PSF, plus Operating Expenses of$11.80 PSF. Over the
initial five(5)year term of the lease the aggregate Base Rent amounts to$287,872 and Operating Expenses are projected
at$76,169.
City Clerk's Office Legislative Tracking:
Max Sklar,ext.6116
Sign-Offs: r
De artmeh Dye o, Assistant t4 nager City Ma
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T:WGENDA\2015\July\TC' '•B Waxing, Inc\SB Waxing, Inc.SU (7-2-15).docx
MIAMIBEACH AGENDA ITEM r17A
DATE 7-4-1
•
MIAMI BED H
City of Miami Beach, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Philip Levine and Members f the City ■ ommission
FROM: Jimmy L. Morales, City Manager ........-A
...`
DATE: July 8, 2015
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING
THE RECOMMENDATION OF THE FINANCE AND
CITYWIDE PROJECTS COMMISSION COMMITTEE, AND
WAIVING, BY 5/7TH VOTE, THE COMPETITIVE BIDDING
REQUIREMENT, FINDING SUCH WAIVER TO BE IN THE
BEST INTEREST OF THE CITY; AND APPROVING AND
AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE A LEASE AGREEMENT BETWEEN THE CITY
AND SB WAXING, INC. (TENANT), FOR THE USE OF
APPROXIMATELY 1,291 SQUARE FEET OF CITY-OWNED
PROPERTY, LOCATED AT 1701 MERIDIAN AVENUE,
UNIT 3 (A/K/A 771 17TH STREET), MIAMI BEACH,
FLORIDA (PREMISES), FOR A TERM OF FIVE (5) YEARS,
WITH ONE (1) RENEWAL OPTION FOR FOUR (4) YEARS
AND THREE HUNDRED AND SIXTY FOUR (364) DAYS.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
BACKGROUND
On July 15, 2009, the Mayor and City Commission adopted Resolution No. 2009-27129
approving a lease agreement between the City and the Roma Waxing, Inc. (d/b/a Uni.K
Wax) for the use of approximately 1,291 square feet of City-owned property, located at
1701 Meridian Avenue, Unit 3 (a/k/a 771 17th Street), Miami Beach, Florida, to be used
for the purpose(s) of operating a hair removal facility, including waxing and retail sales of
related items, as well as facials and retail sales of related items. The lease contained an
initial term of three (3) years, commencing August 1, 2009 and ending July 31, 2012,
with one (1) renewal option for an additional three (3) years
On December 9, 2009, the Mayor and City Commission adopted Resolution No. 2009-
27275 approving a Consent to Assignment and Assumption of Lease Agreement
whereby Roma Waxing, Inc. assigned its lease to SB Waxing, Inc. (d/b/a Uni.K Wax)
(Tenant) and certain terms and conditions of the Lease Agreement were modified.
Commission Memorandum
SB Waxing, Inc. -New Lease Agreement
July 8, 2015
Page 2 of 4
On May 30, 2012, Tenant exercised its sole renewal option for a period of three (3)
years, commencing August 1, 2012 and ending July 31, 2015.
ANALYSIS
Tenant requested a new lease for an initial term of five (5) years, commencing August 1,
2015 and ending July 31, 2020, with one (1) renewal option for an additional four (4)
years and three hundred and sixty four(364) days.
In order to obtain current and accurate market rental data, the City procured the services
of a certified appraiser to provide a Market Rent Analysis, dated April 30, 2015 (the
"Analysis"), which is attached hereto as Exhibit A (Market Rent Analysis). As contained
in the Analysis, the current market rent for comparable retail space at 1701 Meridian
Avenue is $45.00 per square foot, on a triple net (NNN) basis, with operating expenses
averaging $15.01 per square foot.
The City entered into negotiations with Tenant and agreed to a non-binding Letter of
Intent, dated June 19, 2015, which is attached hereto as Exhibit B (Letter of Intent). The
basic terms and conditions of the Letter of Intent are as follows:
Size: Approximately 1,291 rentable square feet
Initial Term: Five (5) years commencing August 1, 2015 and ending July 31,
2020.
Renewal Option: So long as Tenant has never been in an uncured default of the
Lease, upon providing Landlord written notice six (6) months prior
to the expiration of the Initial Lease Term, Tenant shall have one
(1) renewal option, for a period of four (4) years and three hundred
and sixty four (364) days, at the then prevailing fair market
rent.
Termination Option: In the event the City determines, in its sole and absolute
discretion, to demolish, renovate or repurpose the 1701 Meridian
Avenue building, the City shall have the right to terminate the
lease at any time throughout the Initial Term, or renewal term,
upon providing one hundred eighty days (180) prior written notice
to Tenant.
Base Rental Rate: $42.00 Triple Net, per rentable square foot, plus applicable sales
tax.
Increases: The Base Rental Rate shall be increased by three percent (3%)
annually.
Lease Basis: Triple Net -Tenant shall pay its proportionate share of the costs of
real estate taxes, insurance and maintenance expenses.
Security Deposit: Two (2) month's gross rent
Commission Memorandum
SB Waxing, Inc. -New Lease Agreement
July 8, 2015
Page 3 of 4
Construction Tenant shall accept the Premises in "as-is" condition.
Allowance:
Additionally, the Lease Agreement, in substantial form, subject to final review and
approval by the City Attorney's Office, is attached hereto as Exhibit C (Lease
I Agreement).
Under the current Lease, Tenant is paying an annual rate of $31.85 per square foot, on
a NNN basis. Additionally, Tenant pays $11.80 PSF for operating expenses which
consist of $6.90 PSF for real estate taxes, $4.00 PSF for maintenance expenses and
$0.90 PSF for insurance. South Florida Salon Group is currently $55.73 PSF on a gross
basis. Massage Partners is currently paying $29.28 PSF on a NNN basis, plus $11.80
PSF for operating expenses. Damian Gallo &Associates is currently paying $37.74 PSF
on a NNN basis, plus $11.80 PSF for operating expenses (plus 15% of gross sales
above the gross rent for the café portion of the premises). A current rent detail for all
four (4) retail tenants at 1701 Meridian Avenue, and the proposed new rent for Tenant,
are contained in the following charts:
Tenant Suite Sq.Ft. Rent Basis RE Taxes Insurance C.A.M. Total
South Florida Salon Group,Inc. 1 1,327
Monthly $ 6,162.71 $ - $ - $ - $ 6,162.71
Annually $73,952.49 $ - $ - $ - $73,952.49
PSF $ 55.73 Gross $ - $ - $ - $ 55.73
Massage Partners,Inc. 2 1,803
Monthly $ 4,399.47 $ 1,036.38 $ 135.22 $ 600.96 $ 6,172.03
Annually $52,793.61 $12,436.60 $ 1,622.64 $ 7,211.52 $74,064.37
PSF $ 29.28 NNN $ 6.90 $ 0.90 $ 4.00 $ 41.08
SB Waxing,Inc. 3 1,291
Monthly $ 3,426.18 $ 742.08 $ 96.79 $ 430.20 $ 4,695.25
Annually $41,114.12 $ 8,904.97 $ 1,161.48 $ 5,162.40 $56,342.97
PSF $ 31.85 NNN $ 6.90 $ 0.90 $ 4.00 $ 43.64
Damian J.Gallo&Associates,Inc. 4 1,269
Monthly $ 3,990.92 $ 785.18 $ 95.17 $ 422.96 $ 5,294.23
Annually $47,891.04 $ 8,753.21 $ 1,142.04 $ 5,075.52 $62,861.81
PSF $ 37.74 NNN $ 6.90 $ 0.90 $ 4.00 $ 49.54
*Plus 15%of Gross Sales above Gross Rent for Café space(801 SF)
SB Waxing,Inc.(PROPOSED) 3 1,291 _
Monthly $ 4,518.50 $ 742.08 $ 96.79 $ 430.20 $ 5,787.57
Annually $54,222.00 $ 8,904.97 $ 1,161.48 $ 5,162.40 $69,450.85
PSF $ 42.00 NNN $ 6.90 $ 0.90 $ 4.00 $ 53.80
As illustrated above, the proposed new lease contains an increase in Tenant's gross
rental rate from $43.64 PSF to $53.80 PSF. This represents an increase of over twenty
three percent (23%).
FINANCE AND CITYWIDE PROJECTS COMMITTEE
At the July 1, 2015 Finance and Citywide Projects Committee (FCWPC) meeting, the
Administration presented the terms and conditions set forth above. The FCWPC
considered this matter and recommended approving a new Lease Agreement with SB
Commission Memorandum
SB Waxing, Inc. -New Lease Agreement
July 8, 2015
Page 4 of 4
Waxing, Inc., for a period of five (5) years, with (1) renewal option for an additional four
(4) years and three hundred and sixty four (364) days.
CONCLUSION AND RECOMMENDATION
The Administration recommends in favor of executing a new lease agreement with
Tenant, in accordance with the above stipulated terms and conditions.
The Administration is seeking a recommendation from the Finance and Citywide
Projects Committee.
JLM/ B MMM
Exhibits:
A Market Rent Analysis
B Letter of Intent
C Lease Agreement
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COUNSELING REPORT
MARKET RENT ANALYSIS FOR RETAIL SPACE
1661 Pennsylvania Ave.
1701 Meridian Avenue
Miami Beach,FL 33139
Report 201526
PREPARED FOR
City of Miami Beach
Mark Milisits
Asset Manager
Tourism,Culture and Economic Development Department
Office of Real Estate
1755 Meridian Ave.
Miami Beach,FL 33139
PREPARED BY
BLAZEJACK& COMPANY
172 W Flagler Street,Suite 340
Miami,Florida 33130
Phone: (305)372-0211
Fax: (305)374-1948
BLAZEJACK & COMPANY
REAL ESTATE COUNSELORS
April 30,2015
City of Miami Beach
Mark Milisits
Asset Manager
Tourism,Culture and Economic Development Department
Office of Real Estate
1755 Meridian Ave.
Miami Beach,FL 33139
Re: Appraisal of Real Property-201526
Market Rent Analysis
1661 Pennsylvania Ave.
1701 Meridian Avenue
Miami Beach,FL 33139
Dear Mr.Milisits:
At your request,we have completed an analysis of the market rent of the above referenced property,to various
Assumptions and Limiting Conditions set forth in the accompanying report. The physical inspection and analysis
that form the basis of the report has been conducted by the undersigned.
Our analyses have been prepared in compliance with the standards and regulations of the Uniform Standards
of Professional Practice(USPAP). The accompanying report includes pertinent data secured in our investigation,
exhibits and the details of the processes used to arrive at our conclusion of value.
As a result of the examination and study made, it is my opinion that the Market Rent of the two properties,
subject to economic conditions prevailing,as of April 30,2015,the date of the analysis are:
Pro pert∎ \tlklre Market T∎pe Total Operating
Rent of Rent Expenses
Retail 1701 Meridian Ave. $45 NNN $15.01
Restaurant 1661 Pennsylvania Ave. $70 NNN $15.57
Respectfully submitted,
BLAZEJACK&COMPANY
1410
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Thomas J.Blazejack,MAI,AI-GRS,CCIM Jose Wong
President Senior Consultant
Cert Gen RZ-1015 Cert Gen RZ-2797
Digitally signed by Thomas J.Blazejack,MAI,CCIM
DN:cn=Thomas J.Blazejack,MAI,CCIM,o=Blazejack
&Company,ou=State Cert.Gen.R.E.A.1015,
email=tom @blazejack.com,c=US
Date:2015.05.04 10:13:35-04'00'
172 W FLAGLER STREET,SUITE 340,MIAMI,FLORIDA 33130•PHONE(305)372-0211 •FAX(305)374-1948
Pennsylvania and Meridian Ave
REPORT 201526
SUMMARY OF FACTS AND CONCLUSIONS
•
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Property Name: 1701 Meridian Avenue
Property Type: Retail
Location: 1701 Meridian Avenue Miami Beach
FL 33139
Parcel Identification 02-3234-226-0010
Source:Miami Dade Public Records
Owner: City of Miami Beach
Client: City of Miami Beach
Interest Appraised: Market Rent
Date of Appraisal: April 30,2015
Dates of Inspection: April 28,2015
Date of Report: April 30,2015
Property Size: 1,291 SF
Highest and Best Use:
As Vacant: Mixed-Use Building Development
As Improved: Continued use as Mixed-Use Building
Value Indication,as of April 30,2015:
Property Address Market Type Total Operating
Rent of Rent Expenses
Retail 1701 Meridian Ave. $45 NNN $15.01
BLAZEJACK& COMPANY
REAL ESTATE COUNSELORS
Pennsylvania and Meridian Ave
REPORT 201526
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Property Name: 1661 Pennsylvania Ave.
Property Type: Retail-Restaurant
Location: 1661 Pennsylvania Ave.Miami Beach
FL 33139
Parcel Identification 02-3234-226-0010
Source:Miami Dade Public Records
Owner: City of Miami Beach
Client: City of Miami Beach
Interest Appraised: Market Rent
Date of Appraisal: April 30,2015
Dates of Inspection: April 28,2015
Date of Report: April 30,2015
Property Size: 7,807 SF. Additional 2,230 SF for storage in the underground.
Highest and Best Use:
As Vacant: Mixed-Use Building Development
As Improved: Continued use as Mixed-Use Building
Value Indication,as of April 30,2015:
l'ro pe rt v Address Market Type Total Operating
Rent of Rent Expenses
Restaurant 1661 Pennsylvania Ave. $70 NNN $15.57
BLAZEJACK& COMPANY
REAL ESTATE COUNSELORS
Pennsylvania and Meridian Ave
REPORT 201526
TABLE OF CONTENTS
CERTIFICATE OF VALUE 1
ASSUMPTIONS AND LIMITING CONDITIONS 2
MARKET RENT ANALYSIS 3
IDENTIFICATION OF THE PROPERTY 4
PURPOSE DATE AND FUNCTION OF THE REPORT 4
SCOPE OF THE ASSIGNMENT 4
DEFINITIONS OF VALUE AND INTEREST APPRAISED 4
1701 Meridian Avenue UNIT 3 6
LEGAL DESCRIPTION 7
MARKET RENT ANALYSIS 7
CONCLUSION 11
1661 Pennsylvania Ave. 12
PROPERTY HISTORY 13
LEGAL DESCRIPTION 13
MARKET RENT ANALYSIS 14
CONCLUSION 18
ADDENDA
Exhibit A Subject Photographs
Exhibit B Comparable Rent Photographs
Exhibit C Contract Leases
Exhibit D Engagement Letter
Exhibit E Qualifications of the Appraisers
BLAZEJACK & COMPANY
REAL ESTATE COUNSELORS
Pennsylvania and Meridian Ave
REPORT 201526
CERTIFICATE OF VALUE
I certify that,to the best of my knowledge and belief,
• the statements of fact contained in this report are true and correct.
• the reported analyses, opinions, and conclusions are limited only by the reported assumptions and
limiting conditions,and are my personal,unbiased professional analyses,opinions,and conclusions.
• We have no present or prospective interest in the property that is the subject of this report, and no
personal interest with respect to the parties involved.
• We have performed no services regarding the property that is the subject of this report within the three-
year period immediately preceding acceptance of this assignment.
• We have no bias with respect to the property that is the subject of this report or to the parties involved
with this assignment.
• Our engagement in this assignment was not contingent upon developing or reporting predetermined
results.
• our compensation for completing this assignment is not contingent upon the development or reporting of
a predetermined value or direction in value that favors the cause of the client, the amount of the value
opinion,the attainment of a stipulated result,or the occurrence of subsequent event directly related to the
intended use of this appraisal.
• Our analyses,opinions,and conclusions were developed,and this report has been prepared,in conformity
with the Uniform Standards of Professional Appraisal Practice.
• Jose Wong have made a personal inspection of the property that is the subject of this report. Thomas J.
Blazejack has not made a personal inspection of the property.
• No one provided significant real property appraisal assistance to the persons signing this certification.
• The reported analyses, opinions, and conclusions were developed, and this report has been prepared, in
conformity with the Code of Professional Ethics and Standards of Professional Appraisal Practice of the
Appraisal Institute.
• The use of this report is subject to the requirements of the Appraisal Institute relating to review by its
duly authorized representative.
• As the date of this report Thomas J. Blazejack has completed the continuing education program of the
Appraisal Institute. Jose Wong has completed the requirements of the education program established by
the State of Florida.
•
BLAZEJACK&COMPANY
All . P i / /.%,,r
leeK1) ' -
Thomas J.Blazejack,MAI,AI-GRS,CCIM Jose Wong
President Senior Consultant
Cert Gen RZ-1015 Cert Gen RZ-2797
Digitally signed by Thomas J.Blazejack,MAI,CCIM
DN:cn=Thomas J.Blazejack,MAI,CCIM,o=Blazejack&
Company,ou=State Cert.Gen.R.E.A.1015,
email=tom @blazejack.com,c=US
Date:2015.05.04 10:14:20-04'00'
BLAZEJACK& COMPANY 1
CERTIFICATE 1
Pennsylvania and Meridian Ave
REPORT 201526
ASSUMPTIONS AND LIMITING CONDITIONS
The appraisal is subject to the following assumptions and limiting conditions:
1 No survey of the subject property was undertaken.
2 The subject property is free and clear of all liens except as herein described. No responsibility is
assumed by the appraisers for matters, which are of a legal nature, nor is any opinion on the title
rendered herewith. Good and marketable title is assumed.
3 The information contained herein has been gathered from sources deemed to be reliable. No
responsibility can be taken by the appraisers for its accuracy. Correctness of estimates, opinions,
dimensions, sketches and other exhibits which have been furnished and have been used in this report
are not guaranteed. The value estimate rendered herein is considered reliable and valid only as of the
date of the appraisal, due to rapid changes in the external factors that can significantly affect the
property value.
4 This study is to be used in whole and not in part. No part of it shall be used in conjunction with any
other appraisal. Publication of this report or any portion thereof without the written consent of the
appraiser is not permitted.
5 The appraisers herein, by reason of this report, are not required to give testimony in court with
reference to the property appraised unless notice and proper arrangements have been previously made
therefore.
6 The value estimate assumes responsible ownership and competent management. The appraiser
assumes no responsibility for any hidden or in apparent conditions of the property, subsoil, or
structures,which would render it more or less valuable. No responsibility is assumed for engineering,
which might be required to discover such factors.
7 Neither all nor any part of the contents of this report shall be conveyed to the public through
advertising, public relations, news, sales or other media without the written consent and approval of
the authors, particularly as to valuation conclusions,the identity of the appraisers or firm with which
they are connected,or any reference to the Appraisal Institute.
8 Any exhibits in the report are intended to assist the reader in visualizing the property and its
surroundings. The drawings are not intended as surveys and no responsibility is assumed for their
cartographic accuracy. Any drawings are not intended to be exact in size, scale,or detail. Areas and
dimensions of the property may or may not have been physically measured. If furnished by the
principal or from plot plans or surveys furnished by the principal, or from public records, we assume
them to be reasonably accurate. No responsibility is assumed for discrepancies, which may become
evident from a licensed survey of the property.
9 The Americans with Disabilities Act(ADA)became effective January 26, 1992 sets strict and specific
standards for handicapped access to and within most commercial and industrial buildings.
Determination of compliance with these standards is beyond appraisal expertise and, therefore, has
not been attempted by the appraisers. For purposes of this appraisal, we are assuming the building is
in compliance; however, we recommend an architectural inspection of the building to determine
compliance or requirements for compliance.
BLAZEJACK& COMPANY 2
ASSUMPTIONS AND LIMITING CONDITIONS
Pennsylvania and Meridian Ave
REPORT 201526
MARKET RENT ANALYSIS
BLAZEJACK& COMPANY 3
MARKET RENT ANALYSIS
Pennsylvania and Meridian Ave
REPORT 201526
IDENTIFICATION OF THE PROPERTY
The properties under analysis in this report, are two retail spaces located at 1661
Pennsylvania Ave. and 1701 Meridian Avenue Unit 3 in Miami Beach FL 33139. The property
at Pennsylvania Avenue is a restaurant space. The property at Meridian Avenue is a general
retail space.
PURPOSE DATE AND FUNCTION OF THE REPORT
The purpose of this report is to estimate the market rent for the retail space. The date of
the analysis was April 30, 2015. It is understood that the function of this report is for internal
asset management for lease negotiations.
SCOPE OF THE ASSIGNMENT
This is a summary analysis presented in a narrative report. The scope of this analysis
was to inspect the property, consider market characteristics and trends, collect and analyze
pertinent data, develop a conclusion and estimate the property's market rent. During the course
of this assignment, we developed and analyzed current retail space rents located in the Miami
Beach area.
The extent of verification consisted of assembling and analyzing raw data gathered from
a variety of sources including public records data services, news periodicals, broker or
knowledgeable third parties when available,and in-houses files.
DEFINITIONS OF VALUE AND INTEREST APPRAISED
According to the Code of Federal Regulations, Title XI of the Financial Institutions
Reform,Recovery and Enforcement Act of 1989 ("FIRREA"), and according to the 12th Edition
of The Appraisal of Real Estate,market value is defined as follows:
Market Value
The most probable price, which a property should bring in competitive and open market under
all conditions requisite to a fair sale, the buyer and seller each acting prudently and
knowledgeably, and assuming the price is not affected by undue stimulus. Implicit in this
definition is the consummation of a sale as of a specified date and the passing of title from seller
to buyer under conditions whereby:
1 Buyer and seller are typically motivated.
BLAZEJACK& COMPANY 4
MARKET RENT ANALYSIS
Pennsylvania and Meridian Ave
REPORT 201526
2 Both parties are well informed or well advised,and acting in what they consider their own best
interests;
3 A reasonable time is allowed for exposure on the open market.
4 Payment is made in terms of cash in U.S. dollars or in terms of financial arrangements
comparable thereto;and
5 The price represents a normal consideration for the property sold unaffected by special or
creative financing or sales concessions granted by anyone associated with the sale.
Fee Simple Interest
Absolute ownership unencumbered by any other interest or estate,subject only to the limitations
imposed governmental powers of taxation,eminent domain,police power,and escheat.
Leased Fee Interest
An ownership interest held by a landlord with the right to use and occupancy conveyed by a
lease to others; usually consists of the right to receive rent and the right to possession at
termination of the lease.
Market Rent
The rental income that a property would most probably command on the open market; indicated
by current rents paid and asked for comparable space as of the date of the appraisal.
Source: Appraisal Institute,The Appraisal of Real Estate, 13th Edition,(Chicago,2008)
BLAZEJACK& COMPANY 5
MARKET RENT ANALYSIS
Pennsylvania and Meridian Ave
REPORT 201526
1701 Meridian Avenue UNIT 3
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The building is located at the NEC of 17th Street and Meridian Avenue at 1701 Meridian
Avenue Unit 3. The Subject unit#3 has 1,291 SF according to Public Records of Miami Dade.
The building is a four-story structure that contains retail spaces on first floor and office space on
second, third and fourth floors. Currently, the retail space is leased to Roma Waxing, Inc. for
waxing treatments services. The contract lease can be found in the Addenda.
BLAZEJACK& COMPANY 6
MARKET RENT ANALYSIS
Pennsylvania and Meridian Ave
REPORT 201526
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PROPERTY HISTORY
The property is held in the name of City of Miami Beach according to the Public
Records of Miami Dade County. We are not aware of any transfer of the property or purchase
listing or offering within the past five years.
LEGAL DESCRIPTION
Short Legal Description
1701 MERIDIAN BLDG CONDO
UNIT 3
UNDN 1290.59/28466
INT IN COMMON ELEMENTS
OFF REC 25724-1183
MARKET RENT ANALYSIS
Retail Market
We are estimating the market rent of the subject property, therefore a rent survey of the
Miami Beach area was conducted. The basis for classification was location, design, and quality
of construction,quality of interior finishes,age,and condition.
The comparable properties selected give an indication of the level of rent that could be
commanded by the subject if offered in the open market. The restaurant rent survey, a location
BLAZEJACK& COMPANY 7
MARKET RENT ANALYSIS
Pennsylvania and Meridian Ave
REPORT 201526
map, and a table of adjustments can be found following. Photos of the comps are shown in the
Addenda.
All the retail rates in our survey are asking rates. Leasing agents interviewed in
gathering rental data indicated that no concessions are provided although some terms are
negotiable depending on the credit of the prospect, size of space and length of the lease. In most
cases,the rates actually achieved in leases are near the asking rates.
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www.debrme.com MN(6.3'NO Data Zoom 136
Retail Map Comparable
BLAZEJACK& COMPANY 8
MARKET RENT ANALYSIS
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Pennsylvania and Meridian Ave
REPORT 201526
RETAIL RENT COMPS ADJ1'STNIENT GRID
Rent 1 2 3 4
0/SF $55 $75 $60 $48
Location 0% -30% -30% -30%
Building Quality -10% 0% 0% 7%
Condition -5% 5% 0% 10%
Size 0% 0% 0% 0%
Others 0% 0% 0% 0%
Overall Adjustment -15% -25% -30% -13%
Adjusted Rent $47 $56 $42 $42
Average All Comps: $47
Average Best Comp 1: $47
Chosen Retail Rent($/SF)for Subject I $45 NNN
LIE END
Comparison Adjustm
Similar to Subject = the comp does not need adjustment
Inferior to Subject + the comp needs a plus adjustment
Superior to Subject - the comp needs a negative adjustment
Base on comparison with the market data we concluded that the market rent for the
subject retail space (1,291 SF) to be $45 per square foot rentable net per year for vacant space.
We have concluded that the market rent would typically span a 5-year lease.
The total rent for the subject retail space is $58,095 (1,291 SF x$45/SF).
Operating Expenses
The annual operating expenses of the subject property were projected in this analysis
based on similar properties.
RE TAIL
OPERATING EXPENSES STATEMEN1
A ril 2015
EXPENSES: Per SF
FIXED EXPENSES
Property Taxes $3.62
Insurance $1.15
TOTAL FIXED EXPENSES: $4.77
VARIABLE EXPENSES
Administrative&General $1.53
Repairs/Maintenance $0.79
Utilities $1.50
Cleaning $0.31
Others $5.96
Reserves $0.15
$10.24
TOTAL,EXPENSES $15 01
BLAZEJACK& COMPANY 10
MARKET RENT ANALYSIS
Pennsylvania and Meridian Ave
REPORT 201526
Our estimated total stabilized Operating Expenses for the stabilized year is $15.01 per
square foot of rentable area.
CONCLUSION
Market Retail Rent is based on a triple net lease basis, where the tenant pays all
expenses, including utilities,water, electricity,common areas,cleaning,taxes,and insurance.
The market rent for the subject located at 1701 Meridian Avenue, Unit 3, in Miami
Beach as of April 30, 2015, is $45 per square foot of rentable area net. Operating expenses are
$15.01/per square foot of rentable area.
Pro pert∎ kcldretis Market Type Total Ope rating
Rent of Rent Expenses
Retail 1701 Meridian Ave. $45 NNN $15.01
BLAZEJACK& COMPANY 11
MARKET RENT ANALYSIS
Pennsylvania and Meridian Ave
REPORT 201526
1661 Penns lvania Ave.
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BLAZEJACK& COMPANY 12
MARKET RENT ANALYSIS
Pennsylvania and Meridian Ave
REPORT 201526
The restaurant is located at the east side of Pennsylvania Avenue, between 17th Street
and N. Lincoln Lane. The address is 1661 Pennsylvania Ave. Subject property under analysis
is the retail component of the `Pennsylvania Garage' building built in 2012. The building is a
six-story structure with garage and retail spaces on the first floor. The subject is a restaurant to
be used as first-class, high quality restaurant plus 2,230 SF of additional area to be used as
storage. The space has high ceiling. Currently is leased to Penn 17 LLC for 9 years and 364
days. The lease was signed in October 31, 2011, and began 90 days after the certificate of
occupancy was issued.
The contract lease can be found in the Addenda.
PROPERTY HISTORY
The property is held in the name of City of Miami Beach according to the Public
Records of Miami Dade County. We are not aware of any transfer of the property or purchase
listing or offering within the past five years.
LEGAL DESCRIPTION
Short Legal Description
PENNSYLVANIA GARAGE CONDO
UNIT t
UNOIV 3.7%
INT IN COMMON ELEMENTS
OFF REC 28084-4536
BLAZEJACK& COMPANY 13
MARKET RENT ANALYSIS
Pennsylvania and Meridian Ave
REPORT 201526
MARKET RENT ANALYSIS
Restaurant Market
We are estimating the market rent of the subject property, therefore a rent survey of the
Miami Beach area was conducted. The basis for classification was location, design, and quality
of construction,quality of interior finishes,age, and condition.
The rent comparable selected give an indication of the level of rent that could be
commanded by the subject if offered in the open market. The restaurant rent survey, a location
map, and a table of adjustments can be found following. Photos of the comps are shown in the
Addenda.
All the restaurant rates in our survey are asking rates. Leasing agents interviewed in
gathering rental data indicated that no concessions are provided although some terms are
negotiable depending on tenant credit, the size of space and length of the lease. In most cases,
the rates actually achieved in leases are near the asking r
rates.
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Century Lane �p_•Restaurant Rent 1 11:I.1,1 I rl m —j t
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1542 Washington Ave. , — IZ i
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Retail Map Comparable
BLAZEJACK& COMPANY 14
MARKET RENT ANALYSIS
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Pennsylvania and Meridian Ave
REPORT 201526
RESTAI i RANT COMPS ADJ I ISTM ENT G RID
Rent 1 2 3 4
$/SF $60 $83 $60 $100
Location 5% -15% -10% -10%
Building Quality 10% 0% 0% 5%
Condition 10% 0% 0% 5%
Size 0% 0% 0% 0%
Others 0% 0% 0% -10%
Overall Adjustment 25% -15% -10% -10%
Adjusted Rent $75 $71 $54 $90
Average All Comps:I $72
Chosen Retail Rent($/SF)for Subject I $70 NNN
Comparison ,Adjustor
Similar to Subject =
Inferior to Subject +
Su.-rior to Subject -
Base on comparison with the market data we concluded that the market rent for the
subject retail space (7,807 SF) to be $70 per square foot rentable net per year for vacant space.
We have considered that the market rent includes a 5-year term rental lease. The total rent for
the subject retail space is$546,490(7,807 SF x$70/SF).
Operating Expenses
The annual operating expenses of the subject property were projected in this analysis
based on similar properties.
RISTAI R.1\I
(WI RA I I\(;EXPENSES ti I N.l I:\II:\I
)ril 2015
EXPENSES: Per SF
FIXED EXPENSES
Property Taxes $4.02
Insurance $1.15
TOTAL FIXED EXPENSES: $5.17
VARIABLE EXPENSES
Administrative&General $1.53
Repairs/Maintenance $0.79
Utilities $1.66
Cleaning $0.31
Others $5.96
Reserves $0.15
$10.40
TOTAL,F,XPF.NSES S15 57
Our estimated total stabilized Operating Expenses for the stabilized year is $15.57 per
square foot of rentable area. As secondary data information, we have presented a table below
with contract restaurant rents.
BLAZEJACK& COMPANY 16
MARKET RENT ANALYSIS
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REPORT 201526
CONCLUSION
Market Retail Rent is based on a triple net lease basis, where the tenant pays all
expenses, including utilities,water,electricity,common areas, cleaning,taxes,and insurance.
The market rent for the subject located at 1661 Pennsylvania Avenue in Miami Beach as
of April 30,2015 is $70 per square foot of rentable area net. The market rent is based on a 7,807
SF of rentable area. Operating expenses are $15.57/per square foot of rentable area.
Property kcldre�s Market Type Total Ope rating
Rent of Rent Expenses
Restaurant 1661 Pennsylvania Ave. $70 NNN $15.57
BLAZEJACK& COMPANY 18
MARKET RENT ANALYSIS
ADDENDA
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Exhibit B
Comparable Rent Photographs
RETAIL PHOTOS
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1601 Washington a gton Ave.
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WORLD FAMOUS SOUTH BEACH
3,500 SQ FT AVAILABLE
Retail 4
1841 Washington Ave.
RESTAURANT PHOTOS
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Exhibit B
•
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11111 411/111111■ 41112111.11‘.
UMW
1915•2015—
AA AM BEACH
City of Miami Beach,1700 Convention Center Drive,Miami Beach FL.33134,www.rnianribeachfLgov
TOURISM,CULTURE AND ECONOMIC DEVELOPMENT DEPARTMENT
Office of Real Estate
Tel:305-673-7193/Fax:786-394-4539
June 19, 2015
Mr. Gabriel Castillo Sent Via E-mail:acastillo@unikwax.com
SB Waxing, Inc.
771 17th Street
Miami Beach, Florida 33139
Re: Non-Binding Letter of Intent
771 17th Street
Miami Beach, Florida 33139
Dear Mr. Castillo:
This Non-Binding Letter of Intent shall set forth the basic terms and conditions under which the
City of Miami Beach ("City") is willing to enter into a lease agreement with SB Waxing, Inc.
("Tenant").
Landlord: City of Miami Beach
Tenant: SB Waxing, Inc. d/b/a Uni.K Wax
Premises: 1701 Meridian Avenue, Unit 3(a/k/a 771 17th Street)
Miami Beach, Florida 33139
Size: Approximately, 1,291 rentable square feet
Initial Term: Five(5)years commencing August 1, 2015 and ending July 31, 2020.
Renewal Option: So long as Tenant has never been in an uncured default of the Lease,
upon providing Landlord written notice six (6) months prior to the
expiration of the Initial Lease Term, Tenant shall have one (1) renewal
option, for a period of four(4) years and 364 days, at the then prevailing
fair market rent.
Termination Option: In the event the City determines, in its sole and absolute discretion, to
demolish, renovate or repurpose the 1701 Meridian Avenue building, the
City shall have the right to terminate the lease at any time throughout the
Initial Term, or renewal term, upon providing one hundred eighty days
(180) prior written notice to Tenant.
Base Rental Rate: $42.00 Triple Net, per rentable square foot, plus applicable sales tax.
Increases: The Base Rental Rate shall be increased by three percent(3%)annually.
Lease Basis: Triple Net - Tenant shall pay its proportionate share of the costs of real
estate taxes, insurance and maintenance expenses.
Letter of Intent- SB Waxing, Inc.
771 17th Street
June 19, 2015
Page 2 of 2
Security Deposit: Two (2) month's gross rent
Construction
Allowance: Tenant shall accept the Premises in "as-is" condition.
Use: Hair removal facility, including waxing and retail sales of related items;
facials and retail sales of related items.
Agency Disclosure: Tenant represents that it is not represented by a real estate broker
regarding this transactions and no commission shall be due regarding
this transaction.
Conditions: The terms and conditions of this Letter of Intent are subject to approval
by the City of Miami Beach Commission. This Letter of Intent is non-
binding to either party, and may be modified or withdrawn by the City,
without notice, at any time. Only a fully executed and delivered lease
agreement, which shall be negotiated in good faith by both parties, shall
serve as a binding agreement in this regard.
Please let me know if I can provide you with any additional information. I may be reached at
(305) 673-7193.
Sinc rely,
ck/efres;j4;
Mark M. Milisits, RPA
Asset Manager
Agreed to and Accepted by:
Tenant: SB Waxing, Inc. ,
Sign:
_._,„„00101,11L
Print: ( t 7! c
Title: S `ee " y -- L % -4 o
Date: .71-°r i`5-
F:IRHCD\$ALL\ECON\$ALL\ASSET1777-17th Street\SB Waxing\SB Waxing Proposal(6-19-15).docx
LEASE AGREEMENT
THIS LEASE AGREEMENT (hereinafter referred to as "lease Agreement" or
"Lease"), made this day of , 2015, by and between the CITY OF
MIAMI BEACH, a Florida municipal corporation, (hereinafter referred to as "City" or
"Landlord"), and SB WAXING, INC. (d/b/a Uni.K Wax Center), a Florida corporation,
(hereinafter referred to as "Tenant").
1. Demised Premises.
The City, in consideration of the rentals hereinafter-;reserved to be paid and of the
covenants, conditions and agreements to be.kept=and performed by the Tenant,
hereby leases, lets and demises to the TeriantK and Tenant hereby leases and
hires from the City, those certain premises hereinafter referred to as the
"Demised Premises" and more fully described as foll .
•
•:.V.eT•5...
{}4+,�r J '2}
1,291 square feet of City-owned property (the "Building"), located at
J`fr�'`�
1701 Meridian Avenue, Unit 3, (a.k.a. 771 17 th Street), Miami
Beach, Florida, 33139, and as - morespecifically delineated in
"Exhibit 1", attache'Sh'ereto and incorporated herein. lh?y
1y�
2. Term. rg a x
2.1 Tenant shall lbe.entitled toohave andYtot hold the_=Demised Premises for an
� � � � �` St 2015
initial) m of five L(5) years, commencing on the 1st day of August,
(the Cmencermnt DateViarkl ending'on the 31st day of July, 2020.
For purposes of this Lease Agreement, and including, without limitation,
:Subsection 2 2 herein, a "contra year" shall be defined as that certain
period com men ing on the 1St day of August, and ending on the 31st day
�! of July "t K
z ,
.S�•� r. l.4 YSSY
2.2 - Provided Tenant is in.„good standing and free from default(s) under
fft
-I:Section 18 hereof, and upon written notice from Tenant, which notice shall
besubmitted to the City Manager no later than one hundred and eighty
(180) {da s priOito the expiration of the initial term, this Lease may be
9 y
extended:forone` (1) additional four (4) year and three hundred sixty four
(364) day renewal term. Said extension, if applicable shall be
memorializedr in writing and signed by the parties hereto (with the City
hereby designating the City Manager as the individual authorized to
execute such extensions on its behalf).
2.3 In the event the City determines, in its sole and absolute discretion, to
demolish, renovate or repurpose the 1701 Meridian Avenue building, the
City, through its City Manager, shall have the right to terminate this Lease
at any time throughout the Initial Term, or renewal term, upon providing
one hundred eighty days (180) prior written notice to Tenant. Upon
termination, the City shall be fully discharged from any and all liabilities,
•
duties, and terms arising out of, or by virtue of, this Lease. EXHIBIT
1
fk
Rent.
3.1 Base Rent:
Base Rent for the Demised Premises shall begin to accrue on the
Commencement Date.
3.1.1 Throughout the Term herein, the Base Rent for the Demised
Premises shall be Fifty Four Thousand Two Hundred Twenty Two
and 00/100 Dollars ($54,222.00) per year, payable in monthly
installments of Four Thousand Five Hundred Eighteen and 50/100
Dollars ($4,518.50), commencing _on, the Commencement Date
C'f.
and, thereafter, on each first day of>sRubsequent months.
3.1.2 Concurrent with the payment theYBase Rent, Tenant shall also
x__
include any and all additional sums foriall applicable sales and use
tax, now or hereafter prescribed by Federal, State or local law.
3.1.3 The Base Rent amount pursuant to this"-Section 3.1 shall be
increased annually, on the of the Commencement Date
t���: .girt �:��:�;�
of the Lease,_in increments=of:three ({3%) percent perizyear.
nrik
3.2 Additional Rent:
In addition ta the Base Rent,-as.set forth in_Section 3.1, Tenant shall also
pay the following Additional Rent-Ws provided below:
3.2.1 Operating iEx enses =. or �.
3
Tenant shall pay Four=_Hundred Thirty and 20/100 Dollars ($430.20)
per imonth,vfor its propionate share of "Operating Expenses"
S
which areidefined?as follows:
r a '"'+ 14tV
Az -Operating Expenses- shall mean the following costs and expenses' i and maintaining the Common
siklk
incur in°4.o erating repairing, g
Facilities (as"Thereinafter defined) and shall include, without
limitation; water service to the Building, sewer service to the
<- Building trash removal from the Building, costs incurred for
.gardening,Fand landscaping, repairing and maintaining elevator(s),
painting,'janitorial services (except for areas within the Demised
Premiss), lighting, cleanin g, striping,g, policing, removing garbage
and other refuse and trash, removing ice and snow, repairing and
maintaining sprinkler systems, water pipes, air-conditioning
systems, temperature control systems, and security systems, fire
alarm repair and maintenance and other equipment in the common
areas and the exterior and structural portions of the Building,
paving and repairing, patching and maintaining the parking areas
and walkways, and cleaning adjacent areas, management fees and
the City's employment expenses to employees furnishing and
rendering any services to the common areas, together with an
additional administration charge equal to fifteen percent (15%) of all
other expenses included in the annual common area expenses,
2
provided by the City for the common or joint use and/or benefit of
the occupants of the Building, their employees, agents, servants,
customers and other invitees.
"Common Facilities" shall mean all Building areas, spaces,
equipment, as well as certain services, available for use by or for
the benefit of Tenant and/or its employees, agents, servants,
volunteers, customers, guests and/or invitees.
Tenant agrees and understands that the costs incurred for
Operating Expenses may increaseor decrease and, as such,
Tenant's pro-rata share of OperatinfgExpenses shall increase or
i..
decrease accordingly.
3.2.2 Property Taxes: °A
The Property Tax Payment shall be payable by Tenant, in
accordance with Section 11 herein. Tle 2014 Property Tax
*sr Payment is Eight Thousand Nine Hundred Four and 97/100 Dollars
($8,904.97), payable 01-Monthly ,installments ofzrSeven Hundred
Forty Two and 08/100 Dollars:($74 2,.:0'8).
Vce; �. d r
'�ti d
3.2.3 Insurance: tfsC(
The Additional iRent`shall also include Tenant's pro-rata share
toward estimatedzinsurance}zcosts incurred to insure the whole of
the Building, payable in MOM* installments of Ninety Six and
79/100 Dollars ($96 79) gThis insurance, coverage is in addition to
tinsurane required;: pursuant to Section 10, which shall be
obtained atTenant s sole=expense and responsibility.
3.3 L -Saleses z
C . r ..
Concurrent. with"=t_he paymentv'of the Base Rent and Additional Rent as
t1K�-
- ? provide herein, Tenant shall also pay any and all sums for all applicable
tax es without limitation, sales and use taxes and Property
Taxes, imposed levied or assessed against the Demised Premises, or
r 1t
any other char or payment required by any governmental authority
havingjurisdictig there over, even though the taxing statute or ordinance
may purport toy°impose such tax against the City.
mew
3.4 Enforcement:'
Tenant agrees to pay the Base Rent, Additional Rent, and any other
amounts as may be due and payable by Tenant under this Agreement, at
the time and in the manner provided herein, and should said rents and/or
other additional amounts due herein provided, at any time remain due and
unpaid for a period of fifteen (15) days after the same shall become due,
the City may exercise any or all options available to it hereunder, which
options may be exercised concurrently or separately, or the City may
pursue any other remedies enforced by law.
3
3. Location for Payments.
All rents or other payments due hereunder shall be paid to the City at the
following address:
City of Miami Beach
Revenue Manager
1700 Convention Center Drive, 3rd Floor
Miami Beach, Florida 33139
or at such other address as the City may, from time to time, designate in writing.
5. Parking. Aar
Tenant may request, from the City's Parking::Department, the use of no more
than three (3) parking spaces, if availabl,ef.tat'-Municipal Parking Garage 2-G
SAL-�•.� r�<.•
located on 17th Street and Meridian Court: Rates .for said spaces are subject to
change, and are currently Seventy Dollars ($70.00).per3 month, plus applicable
sales and use tax per space. t-r
6. Security Deposit. a
Upon execution of this Agreement Tenant:shall furnish the City rwith a Security
Deposit, in the amount OVgleyen ThousandrFive Hundred Seventy Five and
14/100 Dollars ($11,575($11,575N4ilitaid Security Deposit shall serve to secure
Tenant's performance in accordance-?with the provisions of this Agreement. In the
event Tenant fails to perform in'�accordance with°°said provisions, the City may
retain said Security sD`eposit, as'well as..puraue any and all other legal remedies
provided herein.,or as may be provided by-applicable law.
The parties agree:and acknowledge that the foregoing condition is intended to be
a condition subsequent to 'theCity's approval of this Agreement. Accordingly, in
thewevent=that Tenant does not-i'satisfy the aforestated, then the City Manager or
his-designee may immediately, wittiOat further demand or notice, terminate this
Agreement without being'prejudiced as to any remedies which may be available
to himfor breach ofcontract
7. Use and=-Possession of Demised Premises.
7.1 The De"misedPremises shall be used by the Tenant solely for the
purposes) of operating a hair removal facility, including waxing and retail
sale of related items, facials and retail sales of related items. Said
Premises shall be open for operation a minimum of five (5) days a week,
with normal hours of operation being as follows:
Monday -Wednesday: 10:00 AM to 7:00 PM
Thursday and Friday: 10:00 AM to 8:00 PM
Saturday 10:00 AM to 6:00 PM
Sunday 11:00 PM to 6:00 PM
Tenant shall not otherwise modify the days or hours of operation without
the prior written approval of the City Manager. Nothing herein contained
4
shall be construed to authorize hours contrary to the laws governing such
operations.
7.2 It is understood and agreed that the Demised Premises shall be used by
the Tenant during the Term of this Agreement only for the above
purpose(s)/use(s), and for no other purpose(s) and/or use(s) whatsoever.
Tenant will not make or permit any use of the Demised Premises that,
directly or indirectly, is forbidden by law, ordinance or government
regulation, or that may be dangerous to life, limb or property. Tenant may
not commit (nor permit) waste on the Demised Premises; nor permit the
use of the Demised Premises for any illegal purposes; nor commit a
nuisance on the Demised Premises. In theevent that the Tenant uses the
Demised Premises (or otherwise allows the Demised Premises to be
used) for any purpose(s) not expressly:perrnitted herein, or permits and/or
allows any prohibited use(s) as provided herein;_then the City may declare
this Agreement in default pursuant to Section .�-1a8 or, without notice to
�=f. 2:�7
Tenant, restrain such improper:use by injunction ors_other legal action.
8. Improvements.
8.1 Tenant accepts they Demised Premises rn their present "AS IS" condition
and may construct or.=;cause to be constructed, such interior and exterior
improvements and maintenance to the Deni ed Premises, as reasonably
necessary for it to carryon its permitted use(kss), as set forth in Section 7;
provided, however, that7any plansrfortsuch improvements shall be first
submit ed-to the'City Manager for=phis prior{written consent, which consent,
ter:
if granted at all,;_shall beathe City Manager's sole and absolute
discretion Additionally, any and all approved improvements shall be made
at aTenant's ~sole 'expense and responsibility. All permanent (fixed)
im`<rovementsk to�the De s s iced Premises shall remain the roe of the
-�;� :�rR P �H�;� � � � property rtY
City upon terrnir ati on and/ors expiration of this Agreement. Upon on
i iterminatioand/ore<praton
of this Agreement, all personal property and
non-permane tradefures may be removed by the Tenant from the
-SDDeemised Premi s, provided that they can be (and are) removed without
damage age to the Demised Premises. Tenant will permit no liens to attach to
the'Demised Premises arising from, connected with, or related to the
r�.. s.� .y.
design: sand construction of any improvements. Moreover such
construction shhall be accomplished through the use of licensed, reputable
contractors who are acceptable to the City. Any and all permits and or
P Y Y P
licenses required for the installation of improvements shall be the sole cost
and responsibility of Tenant.
8.2 Notwithstanding Subsection 8.1, upon termination and/or expiration of this
Agreement, and at City's sole option and discretion, any or all alterations
or additions made by Tenant to or in the Demised Premises shall, upon
written demand by the City Manager, be promptly removed by Tenant, at
its expense and responsibility, and Tenant further hereby agrees, in such
event, to restore the Demised Premises to their original condition prior to
the Commencement Date of this Agreement.
5
8.3 The above requirements for submission of plans and the use of specific
contractors shall not apply to improvements (which term, for purposes of
this Subsection 8.3 only, shall also include improvements as necessary for
Tenant's maintenance and repair of the Demised Premises) which do not
exceed Five Hundred Dollars ($500.00), provided that the work is not
structural, and provided that it is permitted by applicable law.
9. City's Right of Entry.
9.1 The City Manager, and/or his authorized representatives, shall have the
right to enter upon the Demised Premise, g5fall reasonable times for the
.�tir.
purpose of inspecting same; preventingkwaste, making such repairs as the
City may consider necessary; and for-:tte=purpose of preventing fire, theft
or vandalism. The City agrees that, wheneverreasonably possible, it shall
use reasonable efforts to providelnotice (whether.written or verbal), unless
the need to enter the Demised Premises is an eme gency, as deemed by
the City Manager, in his sole discretion, which, if not immediately
rahx }? £
addressed could cause propert=y__damage loss of life for limb, or other
injury to persons. Nothing herein==shall ;imply any duty on_-the part of the
City to do any wor=k that under any. provisions of this Agreement the
Tenant may be requ;id Ito erform, and;_the performance thereof by the
City shall not constitute a waivers of the Tenants default.
rt;c; 4014
9.2 If the Tenant shall not be':p'ersonally�present toopen and permit entry into
the Demised Premises at any time -for any reason, and any entry thereon
shall besn i ecessa r permissible, the City Manager, and/or his authorized
representatives, may enter the%Demised Premises by master key, or may
�^.., forcibly enters the,Demised Premises without rendering the City or such
agents liable therefore. 7-
age
•
9.3 Tenant shall_-furnishthe City with duplicate keys to all locks including
=-exterior andinterior doors prior to (but no later than by) the
` :Co .mmencementDate 'of=this Agreement. Tenant shall not change the
locks to the Demised Premises without the prior written consent of the City
Mater, and the event such consent is given, Tenant shall furnish the
City with dplicate keys to said locks in advance of their installation.
10. Tenant's Insurance:
10.1 Tenant shall, at its sole expense and responsibility, comply with all
insurance requirements of the City. It is agreed by the parties that Tenant
shall not occupy the Demised Premises until proof of the following
insurance coverages have been reviewed and approved by the City's Risk
Manager:
10.1.1 Comprehensive General Liability, in the minimum amount of One
Million Dollars ($1,000,000) (subject to adjustment for inflation) per
occurrence for bodily injury and property damage. The City of
6
Miami Beach must be named as an additional insured on this
policy.
10.1.2 Workers Compensation and Employers Liability coverage in
accordance with Florida statutory requirements.
10.1.3 All-Risk property and casualty insurance, written at a minimum of
eighty (80%) percent of replacement cost value and with
replacement cost endorsement, covering all leasehold
improvements installed in the Demised Premises by or on behalf of
Tenant and including without limitation all of Tenant's personal
property in the Demised Premise (ncluding, without limitation,
inventory, trade fixtures, floor-; coverings, furniture, and other
property removable by Tenant�=-under the provisions of this
Agreement). :f=
•
10.2 Proof of these coverages; Oust be providedf=by submitting original
certificates of insurance to the City's Risk Managers and Asset Manager
respectively. All policies must rovide thirty (30) days written notice of
cancellation to both the City's Risk;Manager and Asset=:_Manager (to be
submitted to the addresses set forth in :Section 27 hereof). All insurance
policies shall be issued-bye"companies'authorized to do business under the
-fib
laws of the State of Florida and ..11must havela rating of B+:VI or better per
A.M. Best's Key Rating'Guide, lateSteditiorr,land certificates are subject to
the approval of the City'sRisk Manager
-• ''ry ,'.. '+.iy
11. Property Taxes:and Assessments. =g
e.
For the purposes of this,Section and other provisions of this Agreement:
11.1 The term "Property Taxes' shall mean (i) real estate taxes, assessments,
and special assesments of-,,any kind which may be imposed upon the
lit; Demised Premises and (ii) any expenses incurred by the City in obtaining
=sa reductionany such taxes or assessments.
11.2 The term Property Tax Year" shall mean the period of twelve (12)
calendar montlsibeginning on January 1st of each year
11.3 Tenant shall pay, as Additional Rent pursuant to Section 3.2, for such
Property Tax•Year an amount ("Property Tax Payment") equal to Tenant's
pro-rata share of Property Taxes (if any) for such Property Tax Year; said
pro-rata share to be determined by the City based upon the ratio of the
Demised Premises to the tax lot. If a Property Tax Year ends after the
expiration or termination of the term of this Agreement, the Property Tax
Payment therefore shall be prorated to correspond to that portion of such
Property Tax Year occurring within the term of this Agreement. The
Property Tax Payment shall be payable by Tenant immediately upon
receipt of notice from the City. A copy of the tax bill(s) or other evidence of
such taxes issued by the taxing authorities, together with the City's
computation of the Property Tax Payment, will be made available to
7
Tenant once received from the taxing authorities, if requested by Tenant.
Tenant shall pay any difference in the amount between the estimated
property taxes and the actual property taxes to the City immediately, upon
receipt of request for said payment from the City.
12. Assignment and Subletting.
Tenant shall not have the right to assign or sublet the Demised Premises, in
whole or in part, without the prior written consent of the City Manager, which
consent, if granted at all, shall be at the City Manager's sole and absolute
discretion. Such written consent is not a matter of right and the City is not
obligated to give such consent. If granted as provided herein, the making of any
assignment or sublease will not release Tenant,frorn any of its obligations under
this Agreement. =i_==
.f K:[G:r: n`j1
13. Operation, Maintenance and Repair.
13.1 Tenant shall be solely responsible for the operation, maintenance and
repair of the Demised Premiss Tenant shall, atits sole expense and
responsibility, maintain the Demised Premises, and .all fixtures and
appurtenances therein, and shall}m ake :,all'repairs thereto,.as and when
1 L.,
needed, to presejthem in good working order and condition. Tenant
shall be responsible-,for alll i erior wallsi;and the interior and exterior of all
windows and doors, aswell as".immediater�replacement of any and all plate
p•LLz• ..,e M�t.
glass or other glass in the Demised_ Premises:which may become broken,
other 7 ?,> �t�
using glass4of the same or better.quality r
'Mr- ?spy "* r
The City,:,shall be res onsible for the maintenance of the roof, the exterior
L
9
of the Bu ldin the strructural electrical and plumbing (other than plumbing
..,. P 9 ( p 9
L •
;3 surrounding anysink(sf) and/or toilets) including such sink(s) and toilet(s)
ti f•�ti x_ r L r sj'�d.: u 1
° {fixture(s) within'the Demised Premises the common areas and the
_,ia : chilled'Water supply system The City shall maintain and/or repair those r items that .itis responsible for, so as to keep same in proper working
: condition.
-reliant agrees sand understands, that if the City provides a separate air-
conioning unit for the Demised Premises, the City, at its sole discretion,
may require{Fthat Tenant obtain, at any time during the Term of this
Agreement_ and continuously maintain in good standing, at Tenant's
expense, throughout the Term of this Agreement, a maintenance and
repair contract, approved by the City, with a service company previously
approved in writing by the City, providing for the preventative maintenance
and repair of all heating/ventilation/air-conditioning (HVAC) equipment
servicing the Demised Premises. In the event that the City notifies Tenant
that it will require Tenant to contract for said maintenance and repair
services, Tenant shall provide to the City, in writing, within ten (10)
business days, the name(s) and telephone number(s) of service
company(ies) for the City's review and approval. Tenant shall provide a
copy of a current, enforceable and fully executed maintenance and repair
contract, no later than ten (10) business days after receipt of the City's
8
approval of the service company, as proof of Tenant's compliance with
this provision.
If the City provides a separate air-conditioning unit for the Demised
Premises, as provided herein, Tenant may request that the City inspect
same to ensure that it is in proper working order. If the unit is not in proper
working order, the City shall, at its sole discretion, repair or replace the
unit.
13.2 All damage or injury of any kind to the Demised Premises, and including
without limitation its fixtures, glass, appurtenances, and equipment (if
any), or to the building fixtures, glass, appurtenances, and equipment, if
any, except damage caused by the gross negligence and/or willful
misconduct of the City, shall be the sole=obligation of Tenant, and shall be
repaired, restored or replaced promptly by *ant, at its sole expense and
to the satisfaction of the City. ?
13.3 All of the aforesaid repairs �estorations and replacements shall be in
quality and class equal to or better than the original work or installations
and shall be done in.good and workmanlike-Manner. y:
d ? F
,x, -tip
13.4 If Tenant fails to make L or
such, repairs :restorations or replacements, the
same may be made 6y the Ci-,. at the expense ense of Tenant and all sums
spent and expenses incurred bythe City shalt be collectable by the City
and shallrbe paid by Tenant within,three:(3) days after submittal of a bill or
41.statement therefore. , _ {
Ver
13.5 It shall beTenanq sole obligation and responsibility to insure that any vfk
renovations repairs and/or improvements made by Tenant to the Demised
SrF'�rr f �:�r_.
orb>ti with all a
,� ---Premises comply-� pp.icable building codes and life safety codes of
-, governimental authorities having::jurisdiction.
y.y2
13.6 _Tenant Responsibilities. for Utilities (not included within Operating
Expenses). ; =As
naann tt is solely responsible for, and shall promptly pay when due, all
charges and impact fees for any and all utilities for the Demised Premises
NOT included as=an Operating Expense (pursuant to Subsection 3.2.1).
In addition to other rights and remedies hereinafter reserved to the City,
upon the failure of Tenant to pay for such utility services (as contemplated
in this Subsection 13.6) when due, the City may elect, at its sole
discretion, to pay same, whereby Tenant agrees to promptly reimburse the
City upon demand.
In no event, however, shall the City be liable, whether to Tenant or to third
parties, for an interruption or failure in the supply of any utilities or services
to the Demised Premises.
9
13.7 TENANT HEREBY ACKNOWLEDGES AND AGREES THAT THE
DEMISED PREMISES ARE BEING LEASED IN THEIR PRESENT "AS
IS" CONDITION.
14. Governmental Regulations.
Tenant covenants and agrees to fulfill and comply with all statutes, ordinances,
rules, orders, regulations, and requirements of any and all governmental bodies,
including but not limited to Federal, State, Miami-Dade County, and City
governments, and any and all of their departments and bureaus applicable to the
Demised Premises, and shall also comply with and fulfill all rules, orders, and
regulations for the prevention of fire, all at ::Tenant's own expense and
responsibility. Tenant shall pay all cost, expenses°==-claims, fines, penalties, and
damages that may be imposed because of the:failure of Tenant to comply with
this Section, and shall indemnify and holds=h-armless the City from all liability
arising from each non-compliance.
15.Liens. `
Tenant will not permit any mechanics, laborers, or materialman's liens to stand
against the Demised Premises or improvements::for any labor or materials to
Tenant or claimed to have been furnished to Tenant's agentscontractors, or
sub-tenants, in connection,with work of any character performed or claimed to
have performed on said Premises, or improvements by or at the direction or
sufferance of the Tenant; provided however, Tenant shall have the right to
contest the validity or amountof anyhs. lien orclaimed lien. In the event of
such contest, sTenant. shall give the City. Y reasonable security as may be
demanded by the City-to insure a meat thereof and prevent sale, foreclosure, or
forfeiture of the Premises or improvements by reasons of such non-payment.
sfiiy�
Such security'need not exceed one an-d one half (1%) times the amount of such
lien or such clai.nlek_lienIta. curitit.shall be posted by Tenant within ten (10)
{ :s. 4 or Tenant may "bond off' the lien according
written.notice,.from the C-ity, y g
t"o statutory procedures:$Tenant will immediately pay any judgment rendered with
allproper costs and cha:rg and shall have such lien released or judgment
satisfied at Tenant's_own expense.
16. Intentionally F Omitted.
17. Condemnation. •f~
17.1 If at any time during the Term of this Agreement (including any renewal
term hereunder) all or any part or portion of the Demised Premises is
taken, appropriated, or condemned by reason of Eminent Domain
proceedings, then this Agreement shall be terminated as of the date of
such taking, and shall thereafter be completely null and void, and neither
of the parties hereto shall thereafter have any rights against the other by
reason of this Agreement or anything contained therein, except that any
rent prepaid beyond the date of such taking shall be prorated to such date,
and Tenant shall pay any and all rents, additional rents, utility charges,
and/or other costs for which it is liable under the terms of this Agreement,
up to the date of such taking.
10
Except as hereunder provided, Tenant shall not be entitled to participate in
the proceeds of any award made to the City in any such Eminent Domain
proceeding, excepting, however, Tenant shall have the right to claim and
recover from the condemning authority, but not from the City, such
compensation as may be separately awarded or recoverable by Tenant in
Tenant's own right on account of any and all damage to Tenant's business
by reasons of the condemnation and for or on account of any cost or loss
which Tenant might incur in removing Tenant's furniture and fixtures.
18. Default.
18.1 Default by Tenant:
At the City's option, any of the following shall constitute an Event of
Default under this Agreement: t} Y -% :.
iYJ :t
18.1.1 The Base Rent, Additional:»Rent, or any;other amounts as may be
due and payable by Tenant under tlis .Agreement, or any
installment thereof, is Yn paid promptly whenland where due within
fifteen (15) days of due date, and Tenant shall not.have cured such
failure within_five (5) da s afterti `i
O y receipt of written from the
City specifying:such default, .,,
�?':{t�.
3 Li
fYC�.
18.1.2 The Demised Premisesshall be deserted, abandoned, or vacated;
18.1.3 Tenant-4shall fail to comply with any anjqmaterial term, provision,
condition;ors covenant contained herein other than the payment of
--rent and shall not cure:such failure within thirty (30) days after the
.
receipt of written noticeefrom the City specifying any such default; or
suchlonger"perod of me acceptable to the City, at its sole
t ew*- discretion v � :.
181.4 Receipt of 'notice of violation from any governmental authority
having jurisdicct on-dealing with a law, code, regulation, ordinance or
- the like -which remains uncured for a period of thirty (30) days from
its issuance, or such longer period of time as may be acceptable
ppv : writing by City 9
: .::,and a roved in writin b the Cit Manager, at his sole discretion;
18.1.5 A y :pe�tition is filed by or against Tenant under any section or
chapter of the Bankruptcy Act, as amended, which remains pending
for more than sixty (60) days, or any other proceedings now or
hereafter authorized by the laws of the United States or of any state
for the purpose of discharging or extending the time for payment of
debts;
18.1.6 Tenant shall become insolvent;
18.1.7 Tenant shall make an assignment for benefit of creditors;
11 •
18.1.8 A receiver is appointed for Tenant by any court and shall not be
dissolved within thirty (30) days thereafter; or
18.1.9 The leasehold interest is levied on under execution.
19. Rights on Default.
19.1 Rights on Default:
In the event of any default by Tenant as provided herein, City shall have
the option to do any of the following, in addition to and not in limitation of,
any other remedy permitted by law or by this:Agreement;
19.1.1 Terminate this Agreement, in wh'icht;event Tenant shall immediately
surrender the Demised Premisess=to=-the City, but if Tenant shall fail
to do so the City may, withoutdfurther:notice, and without prejudice
to any other remedy, the y'ha
City mave for possession or
arrearages in rent or sdamages for breachof contract, enter upon
the Demised Premises}and expel or remove-Tenant and its effects
in accordance with law, without being liable for prosecution or any
'Vxl-Y i •rrc-
claim for damages therefore, .andTenant agrees}to-indemnify and
hold harmless`zthe City for all:loss--and damage which the City may
suffer by reasons*_such Agreement termination, whether through
inability to re-let the Devised Premises, or otherwise.
19.1.2 Declare DeCraTeA.the entire amount.`A thee. Base:Rent and Additional Rent
which would become due:and payable during the remainder of the
term of this SAgreement1>to be due `and payable immediately, in
which event;Tenant agrees to pay the same at once, together with
1�} f �Zl f
all rents therefore.:due athe address of the City, as provided in the
� “ F�Noticessection of this_ Agreement; provided, however, that such
payment shall not constitute a penalty, forfeiture, or liquidated
damage, butshall merely constitute payment in advance of the
rents or the remainder of said term and such payment shall be
to
r
-V considered, construed and taken to be a debt
4 . provable in
bankruptcy or receivership.
19.1.3 `Enter ,theDemised Premises as the agent of Tenant, by force if
necessary, without being liable to prosecution or any claim for
damages therefore; remove Tenant's property there from; and re-let
the Demised Premises, or portions thereof, for such terms and
upon such conditions which the City deems, in its sole discretion,
desirable, and to receive the rents therefore, and Tenant shall pay
the City any deficiency that may arise by reason of such re-letting,
on demand at any time and from time to time at the office of the
City; and for the purpose of re-letting, the City may (i) make any
repairs, changes, alterations or additions in or to said Demised
Premises that may be necessary or convenient; (ii) pay all costs
and expenses therefore from rents resulting from re-letting; and (iii)
Tenant shall pay the City any deficiency as aforesaid.
12
19.1.4 Take possession of any personal property owned by Tenant on
said Demised Premises and sell the same at public or private sale,
and apply same to the payment of rent due, holding Tenant liable
for the deficiency, if any.
19.1.5 It is expressly agreed and understood by and between the parties
hereto that any installments of rent accruing under the provisions of
this Agreement which shall not be paid when due shall bear interest
at the maximum legal rate of interest per annum then prevailing in
Florida from the date when the same was payable by the terms
hereof, until the same shall be paid by Tenant. Any failure on the
City's behalf to enforce this Section�=shall not constitute a waiver of
'-�':}r
this provision with respect to y future :accruals of past due rent. No
interest will be charged fopayments made within the grace period,
such grace period to be defined as withinfive (5) days from the due
date. In addition, therewil be a late chargeof Fifty ($50.00) Dollars
for any payments submitted after the grace period.
19.1.6 If Tenant shall default in making payment ofd f onies to any
person or forany:purpose as`may be required hereunder, the City
:yam
may pay such expense but the6C;itvy shall not be obligated to do so.
Tenant, upon the such__expense, shall be obligated to
forthwith reimburse the-iCity for thearnount thereof. All sums of
money:payable by_Tenant totthe City 'hereunder shall be deemed
as`rent
for ruse of the Demised Prem es and collectable by the City
-from Tenantas rent, and shall be due from Tenant to the City on
they first da'y; of the month:following the payment of the expense by
the City, 04
AS9 1.7 1The� rights;of the City�u�nder this Agreement shall be cumulative but
notestricti■eto those given by law and failure on the part of the
City laexerCipromptly any rights given hereunder shall not t
operate:;to.waive'or�to forfeit any of the said rights.
19.2 Default byCity:
The faifure of._the City to perform any of the covenants, conditions and
agreementsof°this Agreement which are to be performed by the City and
the continuance of such failure for a period of thirty (30) days after notice
thereof in writing from Tenant to the City (which notice shall specify the
respects in which Tenant contends that the City failed to perform any such
covenant, conditions and agreements) shall constitute a default by the
City, unless such default is one which cannot be cured within thirty (30)
days because of circumstances beyond the City's control, and the City
within such thirty (30) day period shall have commenced and thereafter
shall continue diligently to prosecute all actions necessary to cure such
defaults.
13
However, in the event the City fails to perform within the initial thirty (30)
day period provided above, and such failure to perform prevents Tenant
from operating its business in a customary manner and causes an undue
hardship for Tenant, then such failure to perform (regardless of
circumstances beyond its control) as indicated above, shall constitute a
default by the City.
19.3 Tenant's Rights on Default:
If an event of the City's default shall occur, Tenant, to the fullest extent
permitted by law, shall have the right to pursue any and all remedies
available at law or in equity, including the._right to sue for and collect
damages, including reasonable attorneyfees and costs, to terminate this
Agreement; provided however, that Tenant expressly acknowledges and
agrees that any recovery by Tenant;-shlls belimited to the amount set forth
in Section 32 of this Agreement. ,_.
20. Indemnity Against Costs and Char es '''
20.1 Tenant shall be liable to the`'City for allk:costs and Fcharges, expenses,
reasonable attorneys fees, anddamages which may.;be incurred or
sustained by the "C:ity tir by reasontiTenant s breach 'of any of the
provisions of this Agrment. Any sumstdue the City under the provisions
of this item shall constitute a lien•.against�theAinterest of the Tenant and the
ter:
Demised Premises and 3al^l of tenant's property situated thereon to the
same extent and on the!:same_:2conditions as delinquent rent would
r{os- v ti `r@ .• _ � � v{.ibfv-k� •6
constitute a lien:.on said premises and property 20.2 If Tenant shall ata_ny time begin default hereunder, and if the City shall
deem it necessary tb engage an=attorney to enforce the City's rights and
Tenant's obligations hereunder,*Tenant will reimburse the City for the
447-5- reasonable.:expenses incurred&thereby, including, but not limited to, court
costs and4easonable:attorneys fees whether suit be brought or not and if
.suit be brought,, then'enant shall be liable for expenses incurred at both
the trial and appellate levels.
21. Indemnification Against_Claims.
mss.
21.1 Tenant shall indemnify and save the City harmless from and against any
and all claims or causes of action (whether groundless or otherwise) by or
on behalf of any person, firm, or corporation, for personal injury or
property damage occurring upon the Demised Premises or upon any other
land or other facility or appurtenance used in connection with the Demised
Premises, occasioned in whole or in part by any of the following:
21.1.1 An act or omission on the part of Tenant, or any employee, agent,
contractor, invitee, guest, assignee, sub-tenant or subcontractor of
Tenant;
14
21.1.2 Any misuse, neglect, or unlawful use of the Demised Premises by
Tenant, or any employee, agent, contractor, invitee, guest,
assignee, sub-tenant or subcontractor of Tenant;
21.1.3 Any breach, violation, or non-performance of any undertaking of
Tenant under this Agreement;
21.1.4 Anything growing out of the use or occupancy of the Demised
Premises by Tenant or anyone holding or claiming to hold through
or under this Agreement.
21.2 Tenant agrees to pay all damages to the:Demised Premises and/or other
facilities used in connection therewith,_c-a�used by Tenant or any employee,
;,arc{�iS;�.
agent, contractor, guest, or invitee of:Ten-ant:•
s fa
22. Signs and Advertising.
Without the prior written consent of_t r;.e"City Manager, which consent, if given at
all, shall be at the City Manager's soleand absolute discretion, Tenant shall not
permit the painting and display of any signs,Vogues, letterg,or advertising
material of any kind on or near the Demised Premises. All adational signage
shall comply with signage standards established by the City and comply with all
applicable building codes, and any,other m eipal, County, State and Federal
laws. _ fit
,
23. Effect of Conv� x
lIl-;'
The term "earl and/ol'aiLandlord' a �
y � as°used in -the Agreement means only the
owner for the time being of theYlknd and building containing the Demised
Premises, so that:in the event of any' sale of said land and building, or in the
event of a-.lease ofsaid building the Cityy shall be and hereby is entirely freed and
relieverofallcovenants and'ObAationtof the City hereunder, and it shall be
deemed and 4 'construed:without further agreement between the parties, or
between the partes_and "the purchaser at such sale, or the lease of this building,
that the purchasero.rTenant has assumed and agreed to carry out all covenants
and obligations of theCity hereunder.
24. Damage tolhe. DemisedPremises.
24.1 If the Demisedr Premises shall be damaged by the elements or other
casualty nofdue to Tenant's negligence, or by fire, but are not thereby
rendered untenantable, as determined by the City Manager, in his sole
discretion, in whole or in part, and such damage is covered by the City's
insurance, if any, (hereinafter referred to as "such occurrence"), the City,
shall, as soon as possible after such occurrence, utilize the insurance
proceeds to cause such damage to be repaired and the Rent (Base Rent
and Additional Rent) shall not be abated. If by reason of such occurrence,
the Demised Premises shall be rendered untenantable, as determined by
the City Manager, in his sole discretion, only in part, the City shall as soon
as possible utilize the insurance proceeds to cause the damage to be
repaired, and the Rent meanwhile shall be abated proportionately as to
15
the portion of the Demised Premises rendered untenantable; provided
however, that the City shall promptly obtain a good faith estimate of the
time required to render the Demised Premises tenantable and if such time
exceeds sixty (60) days, either party shall have the option of canceling this
Agreement.
24.2 If the Demised Premises shall be rendered wholly untenantable by reason
of such occurrence, the City shall have the option, but not the obligation,
in its sole discretion, to utilize the insurance proceeds to cause such
damage to be repaired and the Rent meanwhile shall be abated. However,
the City shall have the right, to be exercised.by notice in writing delivered
to Tenant within sixty (60) days from and after said occurrence, to elect
not to reconstruct the destroyed Demised Premises, and in such event,
this Agreement and the tenancy hereby created shall cease as of the date
of said occurrence, the Rent to be adjusted as of such date. If the
Demised Premises shall be rendered wholly untenantable, Tenant shall
have the right, to be exercised-by notice in writing; delivered to the City
�:�_ti-�.- RJR,..
within thirty (30) days from and after said occurrence, to elect to terminate
this Agreement, the Rent to be°adjusted accordingly. err.
r
�JA}4. J°Jr .
24.3 Notwithstanding any clause contained rn this Section 24, if the damage is
not covered by the City's s-•i.'ns:s urance, .v_ the City shall have no obligation
thenp
to repair the damage; but the City shall advise Tenant in writing within
thirty (30).,days of the 4occurren'ce giving rise:,:to the damage and of its
decisioninot to_repair, and the Tenantmay, at any time thereafter, elect to
terminate Agreement, and the Rent`shall be adjusted accordingly.
25. Quiet Enjoyment
Stis
i.` :0 'Y.
Tena_ nt sh'all enjoy quiet enjoyment of the Demised Premises and shall not be
evicted or disturbed in°{p s session 6f fthe Demised Premises so long as Tenant
complies with theterms ofthis Agreement.
vtik: i
26. Waiver }
26.1 It is='mitually couenanted and agreed by and between the parties hereto
that tlefailure of the City to insist upon the strict performance of any of
the conditions covenants, terms or provisions of this Agreement, or to
exercise any option herein conferred, will not be considered or construed
as a waiver or relinquishment for the future of any such conditions,
covenants, terms, provisions or options but the same shall continue and
remain in full force and effect.
26.2 A waiver of any term expressed herein shall not be implied by any neglect
of the City to declare a forfeiture on account of the violation of such term if
such violation by continued or repeated subsequently and any express
waiver shall not affect any term other than the one specified in such
waiver and that one only for the time and in the manner specifically stated.
16
26.3 The receipt of any sum paid by Tenant to the City after breach of any
condition, covenant, term or provision herein contained shall not be
deemed a waiver of such breach, but shall be taken, considered and
construed as payment for use and occupation, and not as Rent, unless
such breach be expressly waived in writing by the City.
27. Notices.
The addresses for all notices required under this Agreement shall be as follows,
or at such other address as either party shall be in writing, notify the other:
LANDLORD: City Manager
City of Miami Beach
1700 Convention-Center Drive
Miami Beach`"Florida 33139
, f
With copy to ' Asset Managers{
City of Miami Beach" "
17OO=Convention Center:�Drive
Miami zBeach, Florida 33139u{4
TENANT: :Gabriel Castillo, Secretary
44 SB W ng, Inc.
- 3201 N E;:183�d Street, #1806
-; �. AventurafFlorida 331'60
t �s yY
With copy to 'V- Branch Manager
zfi
1:6U ni.K. Wax Center
- = 771 17th Street
Y. Miami_Beach, Florida 33139
,14. jam ?#'
All notices shall`-L a}:hand delivered and a receipt requested, or by certified mail
witli keturn receipt{requested,ahnd shall be effective upon receipt.
28. Entire and Binding Agreement.
This Agreement contai`s all of the agreements between the parties hereto, and it
_t�Y
may not be modifiedfinany manner other than by agreement in writing signed by
all the parties he a odor their successors in interest. The terms, covenants and
conditions contained herein shall inure to the benefit of and be binding upon the
City and Tenant and their respective successors and assigns, except as may be
otherwise expressly provided in this Agreement.
29. Provisions Severable.
If any term or provision of this Agreement or the application thereof to any person
or circumstance shall, to any extent, be invalid or unenforceable, the remainder
of this Agreement, or the application of such term or provision to persons or
circumstances other than those as to which it is held invalid or unenforceable,
shall not be affected thereby and each term and provision of this Agreement shall
be valid and be enforced to the fullest extent permitted by law.
17
30. Captions.
The captions contained herein are for the convenience and reference only and
shall not be deemed a part of this Agreement or construed as in any manner
limiting or amplifying the terms and provisions of this Agreement to which they
relate.
31. Number and Gender.
Whenever used herein, the singular number shall include the plural and the plural
shall include the singular, and the use of one gender shall include all genders.
32. Limitation of Liability. w
The City desires to enter into this Agreementionly if in so doing the City can
place a limit on the City's liability for any cause'of action for money damages due
to an alleged breach by the City of this:Agreementso that its liability for any
such breach never exceeds the sum of Ten Thousand ($10,000.00) Dollars.
Tenant hereby expresses its willingness to enter into(this Agreement with
Tenant's recovery from the City forany g �`
dama a action fors=breach of contract to
be limited to a maximum amount of $_:10,000.00. " {Accordingly, and
notwithstanding any other,term or condition .of this Agreementaenant hereby
agrees that the City shallnot Lbe liable f&‘:1::. enant for damage in an amount in
excess of $10, ' �.
000.00 for a�naction or clairrrfOkDreach of contract arising out of
the performance or non-perfomance°-of:any obligations imposed upon the City by
this Agreement. Nothing contained in"thisy Section orelsewhere in this Agreement
is in any wayntendedato be aCwaiver sof�the,limitatihon placed upon the City's
}
liability as set-forth int:Florida Statutes,-Section 76:8828.
F� a
33. Surrender of the Demises Premises. ::
Tenant:shall, on or;beforether last day of the Term herein demised, or the sooner
ter ination thereof, peaceably�andquietly-leave, surrender and yield upon to the
kCi�`` the Demised Premises, together; with any and all equipment, fixtures,
furnishings, appliances or?other personal property, if any located at or on the
Demised Premises Viand used::by Tenant in the maintenance, management or
operation, of the Dem_ ised Premises, excluding any trade fixtures or personal
�.•� Sp+av
property;_;ifany, which be removed without material injury to the Demised
Premises, ~free of all.�:liens claims and encumbrances and rights of others or
broom-clean;=�togetherwith all structural changes,
} s ; alterations, additions, and
N
improvements whjch%:may have been made upon the Demised Premises, in good
order, condition and repair, reasonable wear and tear excepted, subject,
however, to the subsequent provisions of this Section. Any property which
pursuant to the provisions of this Section is removable by Tenant on or at the
Demised Premises-upon the termination of this Agreement and is not so
removed may, at the option of the City, be deemed abandoned by Tenant, and
either may be retained by the City as its property or may be removed and
disposed of at the sole cost of the Tenant in such manner as the City may see fit.
If the Demised Premises and personal property, if any, be not surrendered at the
end of the Term as provided in this Section, Tenant shall make good the City all
damages which the City shall suffer by reason thereof, and shall indemnify and
hold harmless the City against all claims made by any succeeding tenant or
18
purchaser, so far as such delay is occasioned by the failure of Tenant to
surrender the Demised Premises as and when herein required.
34. Time is of the Essence.
Time is of the essence in every particular and particularly where the obligation to
pay money is involved.
35. Venue:
This Agreement shall be deemed to have been made and shall be construed and
interpreted in accordance with the laws of the State of Florida. This Agreement
shall be enforceable in Miami-Dade County, Florida, and if legal action is
necessary by either party with respect to theinforcement of any and all the
terms or conditions herein, exclusive venue forth.e enforcement of same shall lie
in Miami-Dade County, Florida.
CITY AND TENANT HEREBY KNOWINGLY AND INTENTIONALLY WAIVE
.:�. r, s�:rr-
THE RIGHT TO TRIAL BY JURY6Nf$ANY ACTION OR PROCEEDING THAT
THE CITY AND TENANT MAY HEREIN AFTER INSTITUTE AGAINST EACH
OTHER WITH RESPECT TO ANY VI TTER ARISING OUTOF OR RELATED
TO THIS AGREEMENT.
�. �,., g
36. Radon is a naturally occurring-radioactive gas that when it is accumulated in a
building in sufficient quantities, mayrr£paresent health risks to persons who are
exposed to it over time Leuels of•°Radon that';exceed Federal and State
guidelines have .been found inkbuildings-' in. Florida. Additional information
regarding Radon and-{.Radon testing, ay- be 'obtned from your County Public
Health Unit.
37. No Dangerous Materials = _..
Ten `nt agrees not touse or perrnati in the,Demised Premises the storage and/or
fuse of gasolinefuel oils diesel, illuminating oils, oil lamps, combustible powered
electricity producing. genera, turpentine, benzene, naphtha, propane, natural
ga-S or other similarr-substances, combustible materials, or explosives of any
kind, o;r-_:any substance or thf ng prohibited in the standard policies of fire
insurance'companiesithe State of Florida. Any such substances or materials
found within4he Demised Premises shall be immediately removed.
Tenant shall indemnify and hold the City harmless from any loss, damage, cost,
or expense of the City, including, without limitation, reasonable attorney's fees,
incurred as a result of, arising from, or connected with the placement by Tenant
of any "hazardous substance" or "petroleum products" on, in or upon the
Demised Premises as those terms are defined by applicable Federal and State
Statute, or any environmental rules and environmental regulations promulgated
thereunder. The provisions of this Section 37 shall survive the termination or
earlier expiration of this Agreement.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
19
IN WITNESS WHEREOF, the parties hereto have caused their names to be
signed and their seals to be affixed, all as of the day and year first above written,
indicating their agreement.
Attest: CITY OF MIAMI BEACH, FLORIDA
Rafael E. Granado, City Clerk Philip Levine.Mayor
h
of °- . _
Signature =:
Aine
a 1::-.1.47.41.
L
Print Name
r + .,
Y•, t
Attest: Null--sr SB WAXING, INC.
w
.,
}
��1^ i .rte '-,--: 1. `.A Y3�C
Yi+t .f t, 'vF+' yt;i-Y Kam_b" ~,4.
Signature / Corporate Secrete.; ' • t�abriel Castillo, Secretary
p rY =t�. rY
:r ,vV {
:_PrrntName ay -_
Signature {
Print N me us='``
CORPORATE SEAL
(affix seal here)
T:\AGENDA\2015\July\TCED\SB Waxing, Inc\SB Waxing Inc.-Lease Agreement(Final Draft).docx
20
EXHIBIT 1
Demised Premises
A—
F.P.L ROOM
•
_ , ELECTRICAL ROOM \ N
! UNIT 4 -
STORAGE ■.it- m % `\
•
•
IlIl,‘,*-‘..■......\. ..'..,‘,....•'+,. ..-N '4. i[I...•
•
-M∎iv; UNIT
•
•
'- .'' ".' 7,,k.' s-"N.‘ - ::
ce
'ti. • "*.`:•:S I 4,
UNIT 2 z •
i, ; w •
N
z ti \ •
W
Z UNIT 1p
•
:; `\
_ III
I 1 ,,.
�. COMMON __ `.
-!� ELEMENTS .i _
W' gIil STAIRS -• :+,•
•CLOSET !��,. - -. *',�- .v '
Yrw " _ ... m1.-
AREA UNIT 1=1,326.78 S/F h--....:'�'•r`=1
AREA UNIT 2=1,802.89 S/F I f:=«:=7"---A o ioo zoo
AREA UNIT 3=1,290.59 S/F =� ;:; "1 SCALE FEET
_ AREA UNIT 4=1,268.87 S/F h:;;;='::µ °::_:,1
•
•
SURVEYOR'S NOTE:
DETAILS OF INTERIORS WALLS WERE BASED IN ORIGINAL DRAWINGS AND BEST INFORMATION OBTAIN FROM FFELD SURVEY
First Floor Plan
•
Prepared by. 1701 MERIDIAN BUILDING CONDOMINIUM
wNyy g!../KiarnLSGach' ,
•,91.40, eovirrv1Oe altsne,u
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77 Os��orn•onlloiv cund1gsino Page 4 of 9 -
`' �77.oe d5 6790439 Exhibit"B" Oale'4I77IQ007
21
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