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Lease Agreement with the Miami Beach Chamber of Commerce b174c7/ 5_ LEASE AGREEMENT g-7 2017 THIS LEASE AGREEMENT, made CITY this OF MIAMI BEACH, FLORIDA, a Florida (the "Lease"), by and between the municipal corporation (the "City") and Miami Beach Redevelopment Agency, a public body corporate and politic (the "RDA"), (hereinafter collectively referred to as "Landlord"), and the MIAMI BEACH CHAMBER OF COMMERCE, a Florida not-for- profit corporation, (hereinafter referred to as "Tenant"). 1. Demised Premises. Landlord owns that certain land (the "Land") and the facility (the "Facility") located thereon, located at 1661 Pennsylvania Avenue, Miami Beach, Florida 33139, which includes a municipal garage (the "Penn Garage"), having approximately 560 parking spaces, and ground floor retail space (the "Retail Space"), having approximately 7,655 square feet (the Land and the Facility shall be collectively referred to herein as the "Property"). Landlord, 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 Tenant, and Tenant hereby leases and hires from Landlord, those certain premises, which are part of the Retail Space (the "Demised Premises"), having approximately 935 square feet, as depicted in Exhibit 1, and more fully described as follows: The north-easterly 935 square feet of Unit 1, of Pennsylvania Garage Condominium, a Condominium, according to the Declaration thereof, as recorded in Official Records Book 28080, at Page 4536, of the Public Records of Miami-Dade County, Florida. a/k/a 530 17 Street, Miami Beach, Florida 33139. 2. Term. 2.1. Tenant shall be entitled to have and to hold the Demised Premises for a term of two (2) years and twenty-five (25) days, commencing retroactively on the 7th day of December, 2016 (the "Commencement Date"), and ending on the 31st day of December, 2018. For purposes of this Lease, and including, without limitation, Subsection 2.2 herein, a "contract year" shall be defined as that certain period commencing on the 1st day of January, and ending on the 31st day of December. 2.2. Notwithstanding anything in this subsection, or any other term or condition in this Lease, Landlord reserves the right, through the City Manager, to terminate this Lease, without cause and without liability to Landlord, upon providing Tenant with ninety (90) days prior written notice. 2.3. This Lease does grant any additional parking privileges not already available to the general public. Although receipt is not guaranteed, Tenant may apply for Garage Access cards at the City Parking Department at the Parking Department's standard rates. 3. Rent. 3.1. Base Rent: Tenant's payment of Rent, as defined in this Section 3, shall commence retroactively on January 1st, 2017 (the "Rent Commencement Date"). 3.1.1. The Base Rent for the Demised Premises shall be for One Dollar($1.00) per Contract Year and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by the parties hereto. 3.2. Additional Rent: In addition to the Base Rent, as set forth in Section 3.1, Tenant shall also pay the following Additional Rent as provided below: 3.2.1. Unless otherwise expressly designated as Tenant's responsibility in this Subsection 3.2 or elsewhere in this Lease, Landlord shall be responsible for the common area operating expenses for the Property, such as common area maintenance for the Property, including any common area within the Retail Space (excluding Tenant's maintenance responsibility, as delineated in Subsection 3.2.2), Property real estate taxes (excluding Tenant's real estate tax responsibility with respect to the Demised Premises, as delineated in Subsection 3.2.4), and all-risk insurance (excluding Tenant's insurance responsibility, as delineated in Section 10). 3.2.2. Janitorial Services for Common Area Restrooms in Demised Premises. Notwithstanding anything in section 3.2.1 or any other provision set forth herein, as Tenant is the sole tenant currently using the restroom facilities in Unit 1, until such time as another tenant moves into Unit 1, Miami Beach Chamber of Commerce shall be solely responsible for any all day to day janitorial maintenance of the restroom including restocking of sanitary supplies. 3.2.3. Intentionally Omitted 3.2.4. Tenant's Taxes and Sales Taxes. Concurrent with the payment of the Base Rent and Additional Rent as provided herein, Tenant shall also pay any and all sums for all applicable tax(es), including without limitation, sales and use taxes and real estate taxes, imposed, levied or assessed against the Demised Premises or Tenant's use of the Premises, or any other charge or 2 payment required by any governmental authority having jurisdiction thereover, even though the taxing statute or ordinance may purport to impose such tax against Landlord. The real estate payment for the Retail Space for year 2017 is estimated at zero dollars ($0.00). Notwithstanding the foregoing sentence, the City makes no warranty or representation, whether expressed or implied, that the Retail Space and/or the Demised Premises will not be subject to ad valorem (or other) taxes (real estate taxes) in subsequent years. If the Retail Space is assessed real estate taxes, the City will pay the real estate tax bill and invoice Tenant for the portion of the real estate tax bill, attributed to the Demised Premises or Tenant's use of the Demised Premises, as determined by Landlord in its sole discretion and judgment. 3.2.5. Enforcement. Tenant agrees to pay the Base Rent, Additional Rent, and any other amounts as may be due and payable by Tenant under this Lease, 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, Landlord may exercise any or all options available to it hereunder, which options may be exercised concurrently or separately, or Landlord may pursue any other remedies enforced by law. 4. Location for Payments. All rents or other payments due hereunder shall be paid to the City at the following address: City of Miami Beach Finance Department 1700 Convention Center Drive, 3rd Floor Miami Beach, Florida 33139 or at such other address as the City manager or his/her designee may, from time to time, designate in writing. 5. Intentionally Omitted 6. Intentionally Omitted 7. Use and Possession of Demised Premises. 7.1. Use of Demised Premises: The Demised Premises shall be used by Tenant solely for the purpose(s) of providing brochures, maps, tourism information, guidance, and general 3 assistance with questions or issues regarding Greater Miami and the Beaches. Tenant's uses and/or services provided in conjunction with the Demised Premises may require Tenant to interact, from time to time, with City of Miami Beach officials and employees, acting in their regulatory capacity. Notwithstanding the preceding, Tenant hereby represents and warrants to Landlord that it shall in no way, whether express or implied, give the impression that Tenant is in any way acting as an agent and/or representative of the City of Miami Beach or the Miami Beach Redevelopment Agency, nor that, by virtue of this Lease, Tenant derives any special benefit and/or consideration from the City (acting in its regulatory capacity) with regard to Tenant's services to third parties. Any violation of this Subsection 7.1 by Tenant shall be deemed as an automatic default under this Lease and, notwithstanding any other provision set forth herein, shall entitle Landlord to automatically terminate this Lease, without further notice to Tenant, and without liability to Landlord. 7.2. The Demised Premises may be open for operation seven (7) days a week, with hours of operation being as follows: Hours of Operation: Sunday - Saturday: 9:00 AM to 5:00 PM Nothing herein contained shall be construed to authorize hours contrary to the laws governing such operations. Any change in the days and/or hours of operation shall require enthe prior no eventritten consent of the shallthe hours of operationlty Manager; provided, however, extend earlier than 7:00 AM, or later than 11:00 PM. 7.3. It is understood and agreed that the Demised Premises shall be used by Tenant during the Term of this Lease only for the purpose(s)/use(s) set forth in Section 7 hereof, 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 the event that Tenant uses the Demised Premises (or otherwise allows the Demised Premises to be used) for any purpose(s) not expressly permitted herein, or permits and/or allows any prohibited use(s) as provided herein, then Landlord may declare this Lease in default pntto Section l8 or,other lega�act acut tion. to Tenant, restrain such improper use by injunction or 4 8. Improvements. 8.1. Tenant accepts the Demised Premises in their present "AS IS" condition and may construct or cause to be constructed, such interior and exterior improvements and maintenance to the Demised Premises, as reasonably necessary for it to carry on its permitted use(s), as set forth in Section 7; provided, however, that any plans for such improvements shall be first submitted to the City Manager for his prior written consent, which consent, if granted at all, shall be at the City oshall be made er's sole and absolute discretion. Additionally, any and all approvedimprovements at Tenant's sole expense and responsibility. All permanent (fixed) improvements to the Demised Premises shall remain the property of Landlord upon termination and/or expiration of this Lease. Upon termination and/or expiration of this Lease, all personal property and non- permanent trade fixtures may be removed by Tenant from the Demised Premises, provided that they can be (and are) removed without damage to the Demised Premises. Tenant will permit no liens to attach to the Demised Premises arising from, connected with, or related to the design and construction of any improvements.the use of licensed, construction shall be accomplished throughreputable contractors s who are acceptable to Landlord. Any and all permits and or licenses required for the installation of improvements shall be the sole cost and responsibility of Tenant. 8.2. Notwithstanding Subsection 8.1, upon termination and/or expiration of this Lease, and at City Manager'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 Lease. 8.3. The above requirements for submission of plans and the use of specific contractors shall not apply to improvements (which term, for purposes of this Subsection 8.3 only, shall also include improvements as necessary for Tenant's maintenance and repair of the Demised Premises) which do not exceed Five Hundred ($500.00) Dollars, provided that the work is not structural, and provided that it is permitted by applicable law. 9. Landlord's Right of Entry. 9.1. The City Manager, and/or his authorized representatives, shall have the right to enter upon the Demised Premises at all reasonable times for the purpose of inspecting same; preventing waste; making such repairs as Landlord may consider necessary; and for the purpose of preventing fire, theft or vandalism. Landlord agrees that, whenever reasonably possible, it 5 shall use reasonable efforts to provide notice (whether written or verbal), unless the need to enter the Demised Premises is an emergency, as deemed by the City Manager, in his sole discretion, which if not immediately addressed could cause property damage, loss of life or limb, or other injury to persons. Nothing herein shall imply any duty on the part ofLandlord to do any work that under maythe performance thereof by Landlord be required to perform, and shall not constitute a waiver of Tenant's default. 9.2. If Tenant shall not be personally present to open and permit entry into the Demised Premises at any time, for any reason, and any entry thereon shall be necessary or permissible, the City Manager, and/or his authorized representatives, may enter the Demised Premises by master key, or may forcibly enter the Demised Premises without rendering Landlord or such agents liable therefore. 9.3. Tenant shall furnish Landlord with duplicate keys to all locks including exterior and interior doors prior to (but no later than by) the Commencement Date of this Lease. Tenant shall not change the locks to the Demised Premises without the prior written consent of the City Manager, and in the event such consent is given, Tenant shall furnish Landlord with duplicate keys to said locks in advance of their installation. 10. Tenant's Insurance Requirements. 10.1. Before beginning any work and throughout the term of the Lease (including renewal periods), Tenant shall, at its sole cost and expense, comply with all insurance requirements of Landlord. It is agreed by the parties that Tenant shall not occupy the Demised Premises until proof of the following insurance coverage have been reviewed and approved by the City's Risk Manager. All insurance policies required below shall be issued by companies authorized to do business under the laws of the State of Florida. Provider shall indicate that insurance coverage has been obtained which meets the requirements as outlined below by submitting original certificates of insurance to the City's Risk Manager and Asset Manager respectively: 10.2. Worker's Compensation for all employees of the provider as required by Florida Statute 440 and Employer's Liability coverage in accordance with the Florida Statutory requirements. 10.3. Commercial General Liability on a comprehensive basis in an amount not less than $1,000,000 combined single limit per occurrence, for bodily injury and property damage. beCityof shownlaasl BeachadditionalMnsured withiami Beach Redevelopment Agency must respect to this coverage. 6 10.4. Additionally Tenant will be insured for the following coverage: 10.4.1. Intentionally Omitted 10.5. Intentionally Omitted 10.6. 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 Premises (including, without limitation, inventory, trade fixtures, floor coverings, furniture, and other property removable by Tenant under the provisions of this Lease). 10.7. Intentionally Omitted 10.8. The insurance coverage required shall include those classifications, as listed in standard liability insurance manuals, which most nearly reflect the operations of the provider. 10.9. Any insurance coverage required above must include a waiver of subrogation in favor of the City and the RDA. 10.10. The company must be rated no less than "B+" as to management, and no less than "Class VII" as to financial strength, by the latest edition of Best's Insurance Guide, published by A.M. BestCompany, phe O1dwick, New Jersey, Risk Management or its equivalent, subject to the approvalCity Division. 10.10.1. CERTIFICATE HOLDER MUST READ: C/O Insurance Tracking Services, Inc. (ITS) P.O. Box 20270 Long Beach, CA 90801 10.10.2. Updated COI must be submitted to ITS via email with the following: 1. Email address: miamibeach.contracts@instracking.com 2. Copy Andrew Bejel at AndrewBejel@miamibeachfl.gov and Febe Perez at febeperez@miamibeachfl.gov on the submittal to ITS 10.11. Compliance with the foregoing requirements shall not relieve the vendor of his liability and obligation under this section or under any other section of this Lease. 7 10.12. Landlord reserves the right to impose additional reasonable insurance requirements as Landlord may deem necessary or in accordance with common practice. 10.13. The policies of insurance referred to above shall not be subject to cancellation or changing coverage except upon at least thirty (30) das s written notice to Landlord and then subject to the prior written approval f the City's Risk Manager. Should Tenant fail to obtain, maintain or renew the policies of insurance referred to above, in the required amounts, Landlord may, at its sole discretion, obtain such insurance, and any sums expended by Landlord in obtaining said insurance, shall be repaid by Tenant to Landlord, plus ten percent (10%) of the amount of premiums paid to compensate Landlord for its administrative costs. If Tenant does not repay City's expenditures within fifteen (15) days of demand, the total sum owed shall accrue interest at the rate of twelve percent (12%) until paid, and such failure shall be deemed an event of default hereunder. 10.14. Waiver of Subrogation. Tenant hereby waives, on behalf of itself and its insurer(s) (none of which shall ever be assigned any such claim or be entitled thereto due to subrogation or otherwise), any and all rights of recovery, claim, action, or cause of action, against Landlord, its agents, officers, or employees, for any loss or damage that may occur to the Demised Premises, or any improvements thereto, or any personal property of such party therein, by reason of fire, the elements, or any other causes which are, or could or should be insured against under the terms of the standard fire and extended coverage insurance policies referred to in this Lease, regardless of whether such insurance is actually maintained and regardless of the cause or origin of the damage involved, including negligence of Landlord, its agents, officers, or employees. The Tenant shall obtain from its respective insurer(s), under all policies of fire, theft, public liability, worker's compensation, and other insurance maintained at any time during the term hereof insuring or covering the Retail Space or any portion thereof or operations therein, a waiver of all rights of subrogation which Tenant's insurer might have against Landlord, and Tenant shall indemnify, defend, and hold harmless Landlord against any loss or expense, including reasonable attorneys' fees (appellate or otherwise) resulting from the failure to obtain such waiver. 11. Intentionally Omitted 12. Assignment and Subletting. Tenant shall not have the right to assign the Lease or sublet the Demised Premises. 8 13. Operation, Maintenance and Repair. 13.1. Tenant shall be solely responsible for the operation, maintenance and repair of the Demised Premises. Tenant shall, at its sole expense and responsibility, maintain the Demised Premises, and all fixtures and appurtenances therein, and shall make all repairs thereto, as and when needed, to preserve them in good working order and condition. Tenant shall be responsible for all interior walls and the interior and exterior of all windows and doors, as well as immediate replacement of any and all plate glass or other glass in the Demised Premises which may become broken, using glass of the same or better quality. 13.1.1. Landlord shall be responsible for the maintenance of the roof, the exterior of the Property, the structural electrical and plumbing (other than plumbing surrounding any sink(s) and/or toilet(s), including such sink(s) and toilet(s) fixture(s), within the Demised Premises), the common areas and any HVAC systems shared by more than one tenant. Landlord shall maintain and/or repair those items that it is responsible for, so as to keep same in proper working condition. Demised 13.1.2. If Landlord provides separatea air-conditioning thagTenant shall unit for besolely Premises, Tenant agrees and responsible for the maintenance, repair and replacement of the heating/ventilation/air-conditioning (HVAC) equipment servicing the Demised Premises, at Tenant's sole expense. 13.1.3. Tenant further agrees and understands that, if Landlord provides a separate HVAC unit for the Demised Premises, Landlord, at its sole discretion, may require that Tenant obtain, at any time during the Term of this Lease, and continuously maintain in good standing, at Tenant's expense, throughout the Term of this Lease, a maintenance and r contract, approved by Landlord, with a service company previously approved in writing by Landlord, providing for the preventative maintenance and repair of all HVAC equipment servicing the Demised Premises. In the event that Landlord notifies Tenant that it will require Tenant to contract for said maintenance and repair services, Tenant shall provide to Landlord, 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 approval of the service company, as proof of Tenant's compliance with this provision. 13.2. All damage or injury of any kind to the Demised cmand equipment) (if wwithout limitation its fixtures, glass, appurtenances 9 any), or to the building fixtures, glass, appurtenances, and equipment, if any, except damage caused by the gross negligence and/or willful misconduct of Landlord, shall be the sole obligation of Tenant, and shall be repaired, restored or replaced promptly by Tenant, at its sole expense and to the satisfaction of Landlord. be in 13.3. Allof the aforesaid torepairs, shall or better than the original work or installations class quality and class equallinstallations and shall be done in good and workmanlike manner. 13.4. If Tenant fails to make such repairs or restorations or replacements, the same may be made by Landlord, at the expense of Tenant, and all sums spent and expenses incurred by Landlord shall be collectable by Landlord and shall be paid by Tenant within three (3) days after submittal of a bill or statement therefore. 13.5. shallIt Tenant's sole made by obligation l renovations, to the Demised renovaa tioo ns, repairs and/or improvements Premises comply with all applicable building codes and life safety codes of governmental authorities having jurisdiction. 13.6. Tenant Responsibilities for Utilities (not included within Operating Expenses). a when due all Tenant is solely responsible for, and shall promptly pay charges for electricity, gas, cable, telephone, internet, janitorial garage service and any other utility service provided to the Demised Premises, including, without limitation, all hook-up fees and impact fees, NOT included as an Operating Expense (pursuant to Subsection 3.2.1). In addition to other rights and remedies hereinafter reserved to Landlord, upon the failure of Tenant to pay for such utility services (as contemplated in this Subsection 13.6) when due, Landlord may elect, at its sole discretion, to pay same, whereby Tenant agrees to promptly reimburse Landlord upon demand. In no event, however, shall Landlord be liable, whether to Tenant or to third parties, for an interruption or failure in the supply of any utilities or services to the Demised Premises. 13.7. TENANT HEREBY ACKNOWLEDGES AND AGREES THAT ARE BEING LEASED IN THEIR PRESENT THE DMISED PREMISES "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 10 governments, and any and all of their departments and bureaus applicable to the Demised Premises, and shall also comply with and fulfill all rules, orders, and regulations for the prevention of fire, all at Tenant's own expense and responsibility. Tenant shall pay all cost, expenses, claims, fines, penalties, and damages that may be imposed because of the failure of Tenant to comply with this Section, and shall indemnify and hold harmless Landlord 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 agents, contractors, 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 Tenant; provided however, Tenant shall have the right to contest the validity or amount of any such lien or claimed lien. In the event of such contest, Tenant shall give Landlord reasonable security as may be demanded by Landlord to insure payment thereof and prevent sale, foreclosure, or forfeiture of the Premises or improvements by reasons of such non-payment. Such security need not exceed one and one half (11A) times the amount of such lien or such claim of lien. Such security shall be posted by Tenant within ten (10) days of written notice from Landlord, or Tenant may "bond off' the lien according to statutory procedures. Tenant will immediately pay any judgment rendered with all proper costs and charges and shall have such lien released or judgment satisfied at Tenant's own expense. 16. Intentionally Omitted. 17. Condemnation. 17.1. If at any time during the Term of this Lease (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 Lease 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 Lease 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 Lease, up to the date of such taking. 17.2. Except as hereunder provided, Tenant shall not be entitled to participate in the proceeds of any award made to Landlord in any such Eminent Domain proceeding, excepting, however, Tenant shall have the right to claim and recover from the condemning authority, but not from Landlord, such 11 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 Landlord's option, any of the following shall constitute an Event of Default under this Lease: 18.1.1. The Base Rent, Additional Rent, or any other amounts as may be due and payable by Tenant under this Lease, or any installment thereof, is not paid promptly when and where due, and Tenant shall not have cured such failure within five (5) days after receipt of written notice from Landlord specifying such default; 18.1.2. The Demised Premises shall be deserted, abandoned, or vacated; Tenant shall fail to comply with any material term, provision, condition or covenant contained herein other than the payment of rent and shall not cure such failure within thirty (30) days after the receipt of written notice from Landlord specifying any such default; or such longer period of time acceptable to Landlord, at its sole discretion; 18.1.3. Receipt of notice of violation from any governmental authority having jurisdiction dealing with a law, code, regulation, ordinance or the like, which remains uncured for a period of thirty (30) days from its issuance, or such longer period of time as may be acceptable and approved in writing by the City Manager, at his sole discretion; 18.1.4. Any petition is filed by or against Tenant under any section or chapter of the Bankruptcy Act, as amended, which remains pending for more than sixty (60) days, or any other proceedings now or hereafter authorized by the laws of the United States or of any state for the purpose of discharging or extending the time for payment of debts; 18.1.5. Tenant shall become insolvent; 18.1.6. Tenant shall make an assignment for benefit of creditors; 18.1.7. A receiver is appointed for Tenant by any court and shall not be dissolved within thirty (30) days thereafter; or 18.1.8. The leasehold interest is levied on under execution; or 12 19. Rights on Default. 19.1. Rights on Default: 19.1.1. In the event of any default by Tenant as provided herein, Landlord 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 Lease; 19.1.2. Terminate this Lease, in which event Tenant shall immediately surrender the Demised Premises to Landlord, but if Tenant shall fail to do so Landlord may, without further notice, and without prejudice to any other remedy Landlord may have for possession or arrearages in rent or damages for breach of contract, enter upon the Demised Premises and expel or remove Tenant and its effects in accordance with law, without being liable for prosecution or any claim for damages therefore, and Tenant agrees to indemnify and hold harmless Landlord for all loss and damage which Landlord may suffer by reasons of such Lease termination, whether through inability to re-let the Demised Premises, or otherwise. 19.1.3. Declare the entire amount of the Base Rent and Additional Rent which would become due and payable during the remainder of the term of this Lease to be due and payable immediately, in which event Tenant agrees to pay the same at once, together with all rents therefore due, at the address of Landlord, as provided in the Notices section of this Lease; provided, however, that such payment shall not constitute a penalty, forfeiture, or liquidated damage, but shall merely constitute payment in advance of the rents for the remainder of said term and such payment shall be considered, construed and taken to be a debt provable in bankruptcy or receivership. 19.1.4. Enter the Demised Premises as the agent of Tenant, by force if necessary, without being liable to prosecution or any claim for damages therefore; remove Tenant's property there from; and re-let the Demised Premises, or portions thereof, for such terms and upon such conditions which Landlord deems, in its sole discretion, desirable, and to receive the rents therefore, and Tenant shall pay Landlord 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 Landlord; and for the purpose of re-letting, Landlord 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 Landlord any deficiency as aforesaid. 13 19.1.5. 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. 19.1.6. It is expressly agreed and understood by and between the parties hereto that any installments of rent accruing under the provisions of this Lease which shall not be paid when due shall be subject to a late charge of Fifty and 00/100 ($50.00), plus interest at the rate of eighteen (18%) percent per annum, or the maximum amount allowable under Florida law, whichever is lesser, from the due date of payment until such time as payment is actually received by Landlord. Any failure on Landlord's behalf to enforce this Section shall not constitute a waiver of this provision with respect to future accruals of past due rent. 19.1.7. If Tenant shall default in making any payment of monies to any person or for any purpose as may be required hereunder, Landlord may pay such expense but Landlord shall not be obligated to do so. Tenant, upon Landlord's paying such expense, shall be obligated to forthwith reimburse Landlord for the amount thereof. All sums of money payable by Tenant to Landlord hereunder shall be deemed as rent for use of the Demised Premises and collectable by Landlord from Tenant as rent, and shall be due from Tenant to Landlord on the first day of the month following the payment of the expense by Landlord. 19.1.8. The rights of Landlord under this Lease shall be cumulative but not restrictive to those given by law and failure on the part of Landlord to exercise promptly any rights given hereunder shall not operate to waive or to forfeit any of the said rights. 19.2. Default by Landlord: The failure of Landlord to perform any of the covenants, conditions and agreements of this Lease which are to be performed by Landlord and the continuance of such failure for a period of thirty (30) days after notice thereof in writing from Tenant to Landlord (which notice shall specify the respects in which Tenant contends that Landlord failed to perform any such covenant, conditions and agreements) shall constitute a default by Landlord, unless such default is one which cannot be cured within thirty (30) days because of circumstances beyond Landlord's control, and Landlord within such thirty (30) day period shall have commenced and thereafter shall continue diligently to prosecute all actions necessary to cure such defaults. However, in the event Landlord 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 14 hardship for Tenant, then such failure to perform (regardless of circumstances beyond its control) as indicated above, shall constitute a default by Landlord. 19.3. Tenant's Rights on Default: If an event of Landlord's default shall occur, Tenant, to the fullest extent permitted by law, shall have the right and option to terminate this Lease and all of its obligations hereunder by giving written notice of such election to Landlord, and shall further have the right to pursue any actions at law or suits in equity to obtain damages resulting from Landlord's default. Notwithstanding anything in this Section 19.3 or the Lease, in the event of a default by Landlord, Tenant hereby agrees and acknowledges that in no event shall Landlord be liable for any incidental, indirect, special or consequential damages, including without limitation loss of revenue and lost profits, of Tenant which may be alleged as a result of Landlord's default. 20. Laws: 20.1. Compliance. Tenant shall comply with all applicable City, County, State, and Federal ordinances, statutes, rules and regulations (including but not limited to all applicable environmental City, County, State, and Federal ordinances, statutes, rules and regulations, as same may be amended from time to time. 20.2. No Discrimination. Tenant hereby agrees hereby agrees to comply with the City of Miami Beach Human Rights Ordinance, as codified in Chapter 62 of the City Code, as may be amended from time to time, prohibiting discrimination in employment, housing, public accommodations, or public services, on the basis of actual or perceived race, color, national origin, religion, sex, intersexuality, sexual orientation, gender identity, familial and marital status, age, ancestry, height, weight, domestic partner status, labor organization membership, familial situation, political affiliation, or disability. 21. Indemnity Against Costs and Charges. 21.1. Tenant shall be liable to Landlord for all costs and charges, expenses, reasonable attorney's fees, and damages which may be incurred or sustained by Landlord, by reason of Tenant's breach of any of the provisions of this Lease. Any sums due Landlord under the provisions of this item shall constitute a lien against the interest of Tenant and the Demised Premises and all of Tenant's property situated thereon to the same extent and on the same conditions as delinquent rent would constitute a lien on said premises and property. 15 21.2. If Tenant shall at any time be in default hereunder, and if Landlord shall deem it necessary to engage an attorney to enforce the City's rights and Tenant's obligations hereunder, Tenant will reimburse Landlord for the reasonable expenses incurred thereby, including, but not limited to, court costs and reasonable attorney's fees, whether suit be brought or not and if suit be brought, then Tenant shall be liable for expenses incurred at both the trial and appellate levels. 22. Indemnification Against Claims. 22.1. Tenant shall indemnify and save Landlord 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 the Property or appurtenance used in connection with the Demised Premises, occasioned in whole or in part by any of the following: 22.1.1. An act or omission on the part of Tenant, or any employee, agent, contractor, invitee, guest, assignee, sub-tenant or subcontractor of Tenant; 22.1.2. 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; 22.1.3. Any breach, violation, or non-performance of any undertaking of Tenant under this Lease; 22.1.4. The use or occupancy of the Demised Premises by Tenant or anyone holding or claiming to hold through or under this Lease. 22.2. Tenant agrees to pay all damages to the Demised Premises and/or the Property used in connection therewith, caused by Tenant or any employee, agent, contractor, guest, or invitee of Tenant. 23. Signs and Advertising. Without the prior written consent of the City Manager, which consent, if given at all, shall be at the City Manager's sole and absolute discretion, Tenant shall not permit the painting and display of any signs, plaques, lettering or advertising material of any kind on or near the Demised Premises. All additional signage shall comply with signage standards established by the City and comply with all applicable building codes, and any other municipal, County, State and Federal laws. 24. Effect of Conveyance. The term "City", "RDA", and/or "Landlord" as used in the Lease means only the owner for the time being of the Property containing the Demised Premises, so 16 that in the event of any sale of said Property, or in the event of a lease of said Property, Landlord shall be and hereby is entirely freed and relieved of all covenants and obligations of Landlord hereunder, and it shall be deemed and construed without further agreement between the parties, or between the parties and the purchaser at such sale, or the lease of this building, that the purchaser or Tenant has assumed and agreed to carry out all covenants and obligations of Landlord hereunder. 25. Damage to the Demised Premises. 25.1. If the Demised Premises shall be damaged by the elements or other casualty not due to Tenant's negligence, or by fire, but are not thereby 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"), Landlord, 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, Landlord shall as soon as possible utilize the insurance proceeds to cause the damage to be repaired, and the Rent meanwhile shall be abated proportionately as to the portion of the Demised Premises rendered untenantable; provided however, that Landlord 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 Lease. 25.2. If the Demised Premises shall be rendered wholly untenantable by reason of such occurrence, Landlord 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, Landlord 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 Lease 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 Landlord within thirty (30) days from and after said occurrence, to elect to terminate this Lease, the Rent to be adjusted accordingly. Notwithstanding any clause contained in this Section 25, if the damage is not covered by the City's insurance, then Landlord shall have no obligation to repair the damage, but Landlord shall advise Tenant in writing within thirty (30) days of the occurrence giving rise to the damage and of its 17 decision not to repair, and Tenant may, at any time thereafter, elect to terminate this Lease, and the Rent shall be adjusted accordingly. 26. Quiet Eniovment. Tenant shall enjoy quiet enjoyment of the Demised Premises and shall not be evicted or disturbed in possession of the Demised Premises so long as Tenant complies with the terms of this Lease. 27. Waiver. 27.1. It is mutually covenanted and agreed by and between the parties hereto that the failure of Landlord to insist upon the strict performance of any of the conditions, covenants, terms or provisions of this Lease, 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. 27.2. A waiver of any term expressed herein shall not be implied by any neglect of Landlord 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. 27.3. The receipt of any sum paid by Tenant to Landlord 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 Landlord. 28. Notices. The addresses for all notices required under this Lease 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 With copy to: Office of Real Estate City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 18 TENANT: Jerome Libbin, President Miami Beach Chamber Of Commerce 1920 Meridian Ave, 3rd Floor Miami Beach, Florida 33139 All notices shall be hand delivered and a receipt requested, or by certified mail with Return receipt requested, and shall be effective upon receipt. 29. Entire and Binding Lease. This Lease contains all of the agreements between the parties hereto, and it may not be modified in any manner other than by agreement in writing signed by all the parties hereto or their successors in interest. The terms, covenants and conditions contained herein shall inure to the benefit of and be binding upon Landlord and Tenant and their respective successors and assigns, except as may be otherwise expressly provided in this Lease. 30. Provisions Severable. If any term or provision of this Lease or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this Lease, 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 Lease shall be valid and be enforced to the fullest extent permitted by law. 31. Captions. The captions contained herein are for the convenience and reference only and shall not be deemed a part of this Lease or construed as in any manner limiting or amplifying the terms and provisions of this Lease to which they relate. 32. 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. 33. Limitation of Liability. Landlord desires to enter into this Lease only if in so doing Landlord can place a limit on the City's liability for any cause of action for money damages due to an alleged breach by Landlord of this Lease, so that its liability for any such breach never exceeds the sum of one hundred ($100.00) Dollars. Tenant hereby expresses its willingness to enter into this Lease with Tenant's recovery from Landlord for any damage action for breach of contract to be limited to a maximum amount of $100.00. Accordingly, and notwithstanding any other term or condition of this Lease, Tenant hereby agrees that Landlord shall not be liable to Tenant for damage in an amount in excess of $100.00 for any action or claim for breach of contract arising out of the performance or non-performance of any obligations imposed upon Landlord by this Lease. Nothing contained in this Section or elsewhere in this Lease is in any way intended to be a waiver of the 19 limitation placed upon the City's liability as set forth in Florida Statutes, Section 768.28. 34. Surrender of the Demised Premises. Tenant shall, on or before the last day of the Term herein demised, or the sooner termination thereof, peaceably and quietly leave, surrender and yield upon to Landlord the Demised Premises, together with any and all equipment, fixtures, furnishings, appliances or other personal property, if any, located at or on the Demised Premises and used by Tenant in the maintenance, management or operation of the Demised Premises, excluding any trade fixtures or personal property, if any, which can be removed without material injury to the Demised Premises, free of all liens, claims and encumbrances and rights of others or broom-clean, together with all structural changes, alterations, additions, and improvements which may have been made upon the Demised Premises, in good order, condition and repair, reasonable wear and tear excepted, subject, however, to the subsequent provisions of this Section. Any property which pursuant to the provisions of this Section is removable by Tenant on or at the Demised Premises upon the termination of this Lease and is not so removed may, at the option of Landlord, be deemed abandoned by Tenant, and either may be retained by Landlord as its property or may be removed and disposed of at the sole cost of Tenant in such manner as Landlord 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 Landlord all damages which Landlord shall suffer by reason thereof, and shall indemnify and hold harmless Landlord against all claims made by any succeeding tenant or purchaser, so far as such delay is occasioned by the failure of Tenant to surrender the Demised Premises as and when herein required. 35. Time is of the Essence. Time is of the essence in every particular and particularly where the obligation to pay money is involved. 36. Venue: this Lease shall be deemed to have been made and shall be construed and interpreted in accordance with the laws of the State of Florida. this Lease shall be enforceable in Miami-Dade County, Florida, and if legal action is necessary by either party with respect to the enforcement of any and all the terms or conditions herein, exclusive venue for the enforcement of same shall lie in Miami-Dade County, Florida. LANDLORD AND TENANT HEREBY KNOWINGLY AND INTENTIONALLY WAIVE THE RIGHT TO TRIAL BY JURY IN ANY ACTION OR PROCEEDING THAT LANDLORD AND TENANT MAY HEREIN AFTER INSTITUTE AGAINST EACH OTHER WITH RESPECT TO ANY MATTER ARISING OUT OF OR RELATED TO THIS AGREEMENT. 20 37. Radon is a naturally occurring radioactive gas that, when it is accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of Radon that exceed Federal and State guidelines have been found in buildings in Florida. Additional information regarding Radon and Radon testing may be obtained from your County Public Health Unit. 38. No Dangerous Materials. Tenant agrees not to use or permit in the Demised Premises the storage and/or use of gasoline, fuel oils, diesel, illuminating oils, oil lamps, combustible powered electricity producing generators, turpentine, benzene, naphtha, propane, natural gas, or other similar substances, combustible materials, or explosives of any kind, or any substance or thing prohibited in the standard policies of fire insurance companies in the State of Florida. Any such substances or materials found within the Demised Premises shall be immediately removed. Tenant shall indemnify and hold Landlord harmless from any loss, damage, cost, or expense of Landlord, 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 38 shall survive the termination or earlier expiration of this Lease. 39. FLORIDA PUBLIC RECORDS LAW. 39.1. Tenant shall comply with Florida Public Records law under Chapter 119, Florida Statutes, as may be amended from time to time. 39.2. The term "public records" shall have the meaning set forth in Section 119.011(12), which means all documents, papers, letters, maps, books, tapes, photographs, films, sound recordings, data processing software, or other material, regardless of the physical form, characteristics, or means of transmission, made or received pursuant to law or ordinance or in connection with the transaction of official business of the City. 39.3. Pursuant to Section 119.0701 of the Florida Statutes, if Tenant meets the definition of"Tenant" as defined in Section 119.0701(1)(a), Tenant shall: 39.3.1. Keep and maintain public records required by the City to perform the service; 39.3.2. Upon request from the City's custodian of public records, provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not 21 exceed the cost provided in Chapter 119, Florida Statutes or as otherwise provided by law; 39.3.3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed, except as authorized by law, for the duration of the contract term and following completion of the Lease if Tenant does not transfer the records to the City; 39.3.4. Upon completion of the Lease, transfer, at no cost to the City, all public records in possession of Tenant or keep and maintain public records required by the City to perform the service. If Tenant transfers all public records to the City upon completion of the Lease, Tenant shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If Tenant keeps and maintains public records upon completion of the Lease, Tenant shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the City, upon request from the City's custodian of public records, in a format that is compatible with the information technology systems of the City. 39.4. REQUEST FOR RECORDS; NONCOMPLIANCE. 39.4.1. A request to inspect or copy public records relating to the City's contract for services must be made directly to the City. If the City does not possess the requested records, the City shall immediately notify Tenant of the request, and Tenant must provide the records to the City or allow the records to be inspected or copied within a reasonable time. 39.4.2. Tenant's failure to comply with the City's request for records shall constitute a breach of this Lease, and the City, at its sole discretion, may: (1) unilaterally terminate the Lease; (2) avail itself of the remedies set forth under the Lease; and/or (3) avail itself of any available remedies at law or in equity. 39.4.3. A Tenant who fails to provide the public records to the City within a reasonable time may be subject to penalties under s. 119.10. 39.5. CIVIL ACTION. 39.5.1. If a civil action is filed against a Tenant to compel production of public records relating to the City's contract for services, the court shall assess and award against Tenant the reasonable costs of enforcement, including reasonable attorney fees, if: 22 39.5.1.1. The court determines that Tenant unlawfully refused to comply with the public records request within a reasonable time; and 39.5.1.2. At least 8 business days before filing the action, the plaintiff provided written notice of the public records request, including a statement that Tenant has not complied with the request, to the City and to Tenant. 39.5.2. A notice complies with subparagraph (1)(b) if it is sent to the City's custodian of public records and to Tenant at Tenant's address listed on its contract with the City or to Tenant's registered agent. Such notices must be sent by common carrier delivery service or by registered, Global Express Guaranteed, or certified mail, with postage or shipping paid by the sender and with evidence of delivery, which may be in an electronic format. 39.5.3. A Tenant who complies with a public records request within 8 business days after the notice is sent is not liable for the reasonable costs of enforcement. 39.6. IF THE TENANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE TENANT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: CITY OF MIAMI BEACH ATTENTION: RAFAEL E. GRANADO, CITY CLERK 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 E-MAIL: RAFAELGRANADO@MIAMIBEACHFL.GOV PHONE: 305-673-7411 REMAINDER OF PAGE INTENTIONALLY LEFT BLANK 23 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. Landlord: CITY OF MIAMI B , ' , LORIDA A ATTEST: / / 4,/ ,, By: Me Numemmit1 '' i i .. \ ; '4x Rafael E. Grandado, C' y CI', .•• ••e .r / "rf"e;Mayor �' _ �sr INCURP Iy �'1:/ APP *VED AS TO PP FOR & LANGUAGE Prit S ' ^r-- . , / / .�) ..1 ii" c R EXECUTION me ..... • IF City Attorney Ir at .7 Date: 0-5/2_ 26)1'7 Landlord: MIAMI BEACH REDEVELVaPMENT AGENCY /ATTEST: (----A,11 By: 5/,‘/7 Ra ael E. Granado, creta Philip Levin, ' hairman v / ,..001101 -111111-111:211111111.11..--A1P; / / ' e i//,r Pr'k'me Date: 05-- Z._/z /7 = •' "1VEDASTO Cell.`OR % LANGUAGE & •R EXECUTION tiP 07 development Agen Date General Counsel 24 TENANT: MIAMI BEACH CHAMBER OF COMMERCE ATTEST: . „" )1 /'Pre ident � lA 'Z', .. Print Name h 0 , ,... 1i(1A IPr Print Name ' Date: F:\RHCD\$ALL\ECON\$ALLWSSET\Pennsylvania Ave Garage Leases\MBCC Visitor Center\Draft Lease\Miami Beach Chamber of Commerce Agreement_Final_3.docx EXHIBIT 1 Demised Premises ''''l . I ii.i...t.:44:-..-vimf,.....,.:„.. ..*:,,,,,,., ....---- _ , , r:,1..;...,,,, ..,,...4":,,,, x ihp, , .,..„. 1. , ,,,„ , i' ,,,' „,„,' , ,1 _ �:; ', : :' ;/ r :, BCC VISITOR ,, ; ':: : , CENTER • . ,. , , , , , ‘4. 1 , / P ,"i Al ps xil riMilling' ..1 ,"', .6" , . 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