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RESOLUTION 90-19868 9[ • /01, • -7 .fie ,aii<?/; -7- a„Z. -7Oi /71A4ve7/-J ‘h /11-7 -awid 9 if .g"0.J /-Are ae, /-/--/W --z51472., _Zd/ cziT7A/,,077 . 2r 7d0,5e._) fr7,W.,Z W0101/ V(1,1 .L /-.4 Ota °47/0, 01 -1-/ 07 • ca-ry IwijA -N,.v.1,77720 c.i h it__ A. _ 4ii -Y -car - V r r-*1/fi -6 i 'e"Pd v v Vi ° ' , Ar ' el —DT -7)-rfr,r's p ; --:- AIL 4/1_ _ 4,4154k/ _Yr, V' Wrerv/7A / 7/ - IV W, , - • --- r? 11-c-kir- -7-7-,-D-ev -72'. (r-z' '-'11 ?%-s.r- ervc41 ai "Pin- -�'- 7c —ml+-"-b-c ,/ '-"ti '--.1-1n.r,,' ' ,--,.titr4e --.0YLo-r-r -7-7- c)'7*-47,77-101 eli 77.1AL rrint pr--ps-7 • 43/10/ri fo.,0 -----,--)-4e -10-7,t,-r7r- --,e)nt 671c-t-, c---74.1-).L( sA- Ir-p DI, -._•."-vvA .., ,,,,?7,,;c3 csi-, v( ,- # • )+ , 2 ` r'// _ _ At ' f iir. vir -1m-x--e" 7 71/4 7-7-v 0-i- nr--A--itoley r-atrip -7/1L-71,),,r (c-- dwyoo›e/tv- ,A „zy . / i/ i czt3v:,A,. 7-,,,Jd (7.1.f.5 ,,,,, . /?wire.* tri"',474, -.-,72,cfri.eiv i 4, 1/ ie.- :# -vt.:,.- ,r,..7 6/tr,„ . fre21 (131 .1,-s77,4 30 41, / :1/ 40—72- ( r1-11 4'14 e'7101,11."1/iii)112) -7--)-45110 ,,__77--)--- ---).2,r1„/ j_.v. , „., i,.- 4..rx.pi-To c;— " �'( `�-v/1 '"'"'�rr?`�O 7� � �T--�e 3' „„_.,n,-6::-., ,.....„„r71,5/ 1 ., 412 ...„_e_w__a_77.7.,,, 6/_ .),Trv, 6 1/' /o/li �1/l� c__ , lieriQ/ Ode, 17. Parking Permits. The parties acknowledge that the Sublessee shall have the right to the use of two (2) of the parking permits granted by the Main Lease. The parties further agree that additional parking permits shall be purchased for the use of the Sublessee, the cost of which permit shall be borne by the Sublessee. IN WITNESS WHEREOF, the parties hereto have executed this Sublease Agreement on the day and year first above written. , WITNESSES: �► . _% FRANKEL & AS' •CIA INC ,r/ Suble- • 41111 / , 11"/"/ 401100 / • ' KUS A. FRANK - , Presi ent • l/r /'' LILLIAN VARE . l- • Sub le By: Lillian Varela, President 17 Sublessee be entitled to any interest on the Security . 12. Furniture and Fixtures. All furniture and fixtures and equipment placed in the Leased Premises by Sublessee shall remain the property of Sublessee, subject to the rights of Sublessor thereon as provided by law. The Sublessee may, at the lawful expiration of the term hereof , remove such furniture and fixtures if removal is done so as not to damage the Leased Premises. 13. Assignment and Sub1_ettinq : A. No assignment or subletting of the Leased Premises or any part thereof shall be made by Sublessee. 14. Eminent Domain. If the whole, or any part of the Leased Premises shall be taken by any public authority under the power of eminent domain, then the term of this Sublease shall cease on the part so taken from the date the possession of that part shall be required for any public purpose, and the rent shall be payable to that day. 15. General Provisions. A. This Sublease embodies the entire agreement between the parties hereto relative to the subject matter hereof and shall not be modified , changed or altered in any respect except in writing. B. The 'covenants, agreements and obligations herein contained shall extend to , bind and inure to the benefit not only of the parties hereto , but their heirs, personal representatives, successors and assigns. C. Whenever under this Sublease, a provision is made for notice of any kind , such notice shall be in writing and signed on or behalf of the party giving or making the same, and it shall be deemed sufficient notice and service thereof, if such notice is sent by registered or certified mail , postage prepaid , to the address furnished for such purposes. All notices to be given to the Sublessor hereinder shall be given to Frankel & Associates, Inc . at 1130 Washington Avenue, 8th Floor , Miami Beach , Florida 33139, with a copy to its attorney, Marjorie F. Robbins, Esq . , Laza'', Trute, Moss, Robbins & Howard , 1090 Kane Concourse, Suite #202, Bay Harbor Islands, Florida 33154, unless and until some other place is designated in writing by the Sublessor . All notices to be given to Sublessee hereunder shall be given to it at the 7th Floor , 1130 Washington Avenue, Miami Beach , Florida 33139, unless and until some other place is designated in writing by Sublessee. 16. Contingencies. This Sublease Agreement is contingent upon the following : 1 . The Sublessor 's exercising its option to lease the balance of the seventh floor in Historic City Hall building , as set forth in the Main Lease and the Landlord 's acknowledging the valid exercise of same; and 2. The Landlord 's approval of the Sublessee as required by the Main Lease. In the event either or both of the foregoing contingencies are not met , then this Sublease Agreement shall be considered null and void and all parties released therefrom. • 1.f i \. 1 1 • cancellations, termination, expiration, or surrender of the Main Lease, the Landlord will accept the Sublessee, its successors and assigns , as its Lessee for a period equal to the full une l apsed portion of the term of this Sublease, including any extensions and renewals thereof, and on the same covenants and conditions as are contained herein, and the Landlord will thereafter become the Lessor under this Lease. C. Insofar as the provisions of the Main Lease do not conflict with specific provisions herein contained , they and each of them are incorporated into this Sublease as fully as if completely rewritten herein, and the Sublessee Agrees to be bound to the Sublessor by all of the terms of the Main Lease and to assume toward Sublessor and perform all of the obligations and responsibilities that Sublessor by the Main Lease assumes toward the Landlord , and to indemnify and hold harmless Sublessor from any claim or liability under the Main Lease except for payment of rental by Sublessor to the Landlord as provided in the Main Lease. The relationship between the Sublessee and Sublessor hereunder shall be the same as that between he Sublessor and the Landlord under the Main Lease. 10. Limitation o f Liability and Indemnity. Sublessee agrees to indemnify and hold Sublessor and Landlord harmless of, from, and against all claims , actions, damages, liabilities, and expenses asserted against the Sublessor and/or Landlord on account of innuries to person or damage to property when and to the extent that any such danger or injury may be caused , either proximately or remotely, wholly or in part by any act or omission, whether negligent or not , of Sublessee or any of its agents, servants, employees, contractors, patrons, or invitees (while such invitees are on the Leased Premises) , or of any other person entering on the Leased Premises under or with the expressed or implied invitation of Sublessee, or if any such injury or damage may in any other way arise from or out of the occupancy or use by Sublessee, its agents, employees , and invitees, of the Leased Premises. This paragraph is for the benefit of the Sublessor and Landlord of the Leased Premises only, and no right of action shall accrue hereunder to any th i r t party by way of subrogation or otherwise. 11 . Security Deposit . Concurrently with the execution of this Sublease, the Sublessee has deposited with the Sublessor the sum of Two Hundred Fifty Dollars ( $250.00) for the full and faithful performance by the Sublessee of each and every /term, covenant and condition of this Sublease. In the event that Sublessee defaults in respect of any of the terms, provisions , covenants and conditions of this Sublease, including but not limited to , the payment of any rentals, the Sublessor may use, apply or retain the whole or any part of the Security Deposit so deposited for the payment of such rentals in default or any other sum which the Sublessor may expend or be required to expend by reason of the Sublessee's default , including any damages or deficiency in the reletting of the Demise dPremises , whether such damages or deficiency may accrue before or after summary proceedings or other re-entry by Sublessor . In the event that the Sublessee shall fully and faithfully comply with all of the terms , provisions , ocvenants and conditions of this Sublease , the Security or any balance thereof , shall b,e returned to the Sublessee after the lawful termination of this Sublease. Sublessor shall not be required to keep the Security in a segregated account and the Security may be commingled with other funds of Sublessor and in no event shall II _1 ,f) l'd Sublesee is required ens . In the event the r the 1st fired of 6. Im rovem Agreement , e of the Subleased Premises a of this 9 to vacate lOa paragraph 5 term, as set forth i n P for the costs of the initial a l reimburse Sub1essee vel't i` .�1 then Sublessor essor sha 1 he Subleased Premises ( i .e . , cost c,f. • vements to be left in t reimbursement less impro • and/or curtains) . The requiredpaid at the time SublesseC blinds if any, shall be _ repairs required , vacates the Subleased Premises. 7. 0 tion to Re eW• None. its own expense, comply e, Sublessee shall ; at i Sublessee shall B. Insuranc __ requirements of Sublessee. roof of the with all insuranceSubleased Premises until p and approved not occupy the P following insurance coverages have been furnished to by Sublessor and the Landlord : liability in the minimun A. Comprehensive generalinjury occurrance for bodily ly e amount of $300,000 perContractual liability coverage damage. and property • t of Miami Beach and the is to be included . The City insured on Sublessor must be named as an additional this policy . Compensation and employees'ees ' liability B. Worker ' s COmP Statutes. Proof of these coverage per Florida original be provided by submitting provide coverages must Ce, All policies must P to Certificates of Insuran notice of cancellation in (30) days written thirtyof Miami Beach 's Risk Sublessor and to the City Drive, Miami Manager at 1700 Convention Centerm Miami 33139. The insurance Co thes Beach , Florida coverages are subject to providing the above � Risk Manager who shall have approval of the City' s increase the amounts and the right t© reasonably � � ed . type of insurance coverage r equ i r 9• sum • tl•n A reement and Covenants. with all of the provisions The Sublessee shall comply to be observed or A. the Main Lease which are the as of during the term hereof byt Sublessors rent performed that the payment Tenant thereunder , exceptparagraph 3 bythe provisions of p t as shall be governed of the Main Lease, except above, and paragraph 3 be inapplicable to shall otherwise provided herein, Sublessee. or termination of the the event of cancellation date thereof and B. Inexpiration Main Lease prior to the any date of this Sublease or of riot to the expirationor in the event P and renewals thereof , extensions der thereof, whether voluntary : surren the of law,, the Sublessee or by operationto tf� involuntary , complete shall make full and attornment of the term of thi Landlord for the balance extensions and renewals including any a are Sublease, covenants and conditions as thereof , 'on the same . so as to establish direct privity contained herein, between the Landlord and the S estate and contract and effect as of the same Sublessee and with forcemade directly thisSublease was originally though Sublessee The the Landlord to the Sublessee . er directly to from thereund shall make all rent payments or represents that the e Landlord . The Subless th that , in the event of the Landlord has covenanted 2 ,.\ ASSIGNMENT/TERMINATION OF SUBLEASE KNOW ALL MEN BY THESE PRESENTS, that DACRA DEVELOPMENT CORPORATION, a Florida corporation, party of the first part, in consideration of the sum of $10. 00 and other valuable • considerations, has granted, bargained, sold, assigned, transferred and set over and by these presents does grant, bargain, sell, assign, transfer and set over unto the party of the second part, FRANKEL & ASSOCIATES, INC. , a Florida corporation, that certain Sublease Agreement dated September 8 , 1987, by and between FRANKEL & ASSOCIATES, INC. , as Sublessor, and ROBERT BLUM & COMPANY, as Sublessee, which Sublease Agreement was subsequently transferred and assigned by the Estate of Robert Blum to Dacra Development, as Sublessee. TO HAVE AND TO HOLD the same unto the said party of the second part. Copies of the said Sublease Agreement and the said Assignment are attached hereto and incorporated herein by reference as Exhibits A and B respectively. By this Assignment, the said Sublease Agreement dated September 8 , 1987 is hereby terminated. IN WITNESS WHEREOF, the said party of the first part has hereunto set its hand and seal this day of October, 1989. Signed, Sealed and Delivered in Presence of: • DACRA DEVE ii P EN ' ORPORATI r jiff* � � M ON i ....--, By: CONSENT TO ASSIGNMENT FRANKEL & ASSOCIATES consents to the above and foregoing Assignment of Sublease Agreement to Frankel & Associates , and Sublessor further acknowledges that said Sublease Agreement is hereby terminated. Signed, Se. • . - • Delivered in = Pr-sence of: dc,, Ar • 7 /c ! _.�I . '1 �. . FRANKEL & • 1C E 40.000" Al / . --III& , mi.A• - Y �� Oma. .��// Ar ��►• 'KUS A. FRAI EL, Pres: dent • SUBLEASE AGREEMENT This Sublease is made on November 1 , 1989 at Miami Beach , Florida, between FRANKEL ASSOCIATES, INC. , a Florida corporation, hereinafter cal led "Sublessor , " and Lillian Vaslela • Inc . , Fforida Corporation f , ► hereinafter called "Sublessee. .. WITNESSETH : 1 . Demise and Desc r i_p t i on of Proper ty Sublessor hereby leases to Sublessee and Sublessee hereby leases from Sublessor , for the term and subject to the conditions and covenants hereinafter set forth , the property hereinafter referred to as the "Subleased Premises" , located in Dade County, Florida, described as follows : Approximately 480 square feet of office space on the seventh (7th ) floor of Historic City Hall at 1130 Washington Avenue, Miami Beach , Florida 33139, which space is specified as East side of "L--79" , pursuant to the Floor sketch marked Exhibit A which is attached hereto and incorporated herein by reference. Included in the Subleased Premises is a reception area totalling approximately 80 sq . feet , which area is to be shared in common by Sublessor and Sublessee. 2. Term. The term of this Sublease shall commence November 1 , 1989 through October 31 , 1991 , and shall be in accordance with that certain Lease hereinafter referred to as the "Main Lease" , dated March 16, 1987 between the City of Miami Beach, a Florida Municipal Corp . , as Landlord , and Frankel & Associates , Inc . , as Lessee. By the terms of the Main Lease, Sublessor has an option to lease the above described property . A copy of the Main Lease is attached hereto and incorporated by reference as Exhibit B. 3. Rent . For and during the initial term of this Sublease, which shall commence November 1 , 1989, subject to Sublessor ' s option to rent the subleased premises, as described in Article 1 above, as provided for in the Main Lease, and ending October 31 , 1990, Sublessee shall pay to Sublessor as rent for the subleased premises the sum of $425.00 per month for the first 12 months, and then $450.00 per month for the second 12 months , or $5, 100.00 per year and $5,400.00/year , plus applicable sales tax , and charges for the pro-rata Chilled Water consumption by Air Conditioner of the space. 4 . Use of Premises. The Subleased Premises shall be used '4 by Sub l esee as a general business office, and for Accounting ,�� ` r Services and for no other purpose. A • 5. Right of Termination: In the event Sublessor needs to expand its present office space into the Subleased Premises any time after the first 18mos. of thisgublease, at the option of • Sublessor , Sublessee must vacate 100% of the Subleased Premises , at which time this Sublease Agreement will terminate. Sublessor must exercise its right to terminate as herein specified by delivering written notice of such intention to Sublessee, within 60 days of expiration of the initial 18 mos-of this Sublease Agreement . 13 / 400/ Oi I CONSENT TO ASSIGNMENT/TERMINATION OF SUBLEASE AND CONSENT TO FURTHER SUBLEASE The City of Miami Beach, Lessor under that certain Lease Agreement between the City of Miami Beach and Frankel and Associates, Inc. , dated March 16, 1987 , hereby consents to the Assignment/Termination of Sublease, dated October 1 , 1989 between Frankel and Associates, Inc. and DACRA DEVELOPMENT CORPORATION, a Florida corporation, a copy of which Assignment/Termination of Sublease is attached hereto and by reference made a part hereof. The City of Miami Beach further consents to the Sublease dated November 1, 1989 between Frankel and Associates, Inc. , a Florida corporation, and Lillian Varela, Inc. , a Florida corporation, a copy of which Sublease is attached hereto and by reference made a part hereof. Dated this /1day of January, 1990. CITY OF MIAMI BEACH 401 v cp y ATTEST: )71 /. FORM APPROVED CITY CLERKLEGAL DEPT. 7s- --s.-7? `-`' Bt L..— HCM: ses e'4 (4m I Eead r`` F L O R I D A 3 3 1 3 9 ,.r ORP�OpA?tD�* '' � I`! �I ''��\ �h VAC 4 TIONL,�, L) C. .�. .1. r26 OFFICE OF THE CITY MANAGER CITY HALL ROB W.PARKINS 1700 CONVENTION CENTER DRIVE CITY MANAGER TELEPHONE: 673-7010 COMMISSION MEMORANDUM NO. ?‘5 `90 DATE: January 17, 1990 TO: Mayor Alex Dao a and Members of e City Comm' s'• • RobW. Par • s '� ff FROM: '� � •‘ City Manager r- SUBJECT: CONSENT TO THE ASSIGNMENT/TERMINATION OF SUBLEASE BETWEEN FRANKEL AND ASSOCIATES, INC. AND DACRA DEVELOPMENT CORPORATION AND THE FURTHER SUBLEASE OF A PORTION OF THE SEVENTH (7TH) FLOOR OF HISTORIC CITY HALL BETWEEN FRANKEL AND ASSOCIATES, INC. AND LILLIAN VARELA, INC. HISTORY The City of Miami Beach, as Lessor and Frankel and Associates, Inc. as Lessee entered into a Lease Agreement dated March 16, 1987 for the eighth floor and a portion of the seventh floor, with an option to lease the remainder of the seventh floor. The Lessee submitted a sublease with Robert Blum and Company for the remaining portion of the seventh floor and the City consented to such sublease pursuant to Resolution No. 87-18981, approved September 16, 1987 . The sublease with Robert Blum and Company was subsequently assigned to DACRA DEVELOPMENT CORPORATION by the Estate of Robert Blum, although the City was not formally notified of such assignment and did not consent to the assignment. BACKGROUND: Frankel and Associates, Inc. has submitted an Assignment/Termination of Sublease with DACRA DEVELOPMENT CORPORATION and a Sublease with Lillian Varela, Inc. for use of a portion of the seventh floor of Historic City Hall . The sublease provides for a two year term beginning November 1, 1989 and for a monthly rental of $425 . 00 during the first year and $450. 00 per month during the second year. The sublease provides for appropriate insurance coverage and indemnity of the Lessee and the City. ADMINISTRATION RECOMMENDATION: The City Administration recommends the City Commission approve a Resolution authorizing the Mayor and City Clerk to execute a Consent to Assignment/Termination of Sublease between Frankel and Associates, Inc. and DACRA DEVELOPMENT CORPORATION and the further Sublease between Frankel and Associates, Inc. and Lillian Varela, Inc. for a portion of the seventh floor of Historic City Hall . RWP:WHH:EJD:HCM: ses AGENDA C - Li- a . ITEM DATE i - i 7 - o NOW THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH that the Mayor and the City Clerk are hereby authorized to execute the Consent to the Assignment/Termination of Sublease between Frankel & Associates, Inc. and DACRA DEVELOPMENT CORPORATION ; and the consent to the further sublease between Frankel & Associates, Inc. and Lillian Varela, Inc. for use of a portion of the seventh (7th) floor of Historic City Hall. PASSED AND ADOPTED this 17th day of January , 1990. f VICE-MAYOR ATTEST: . C FORM r ,,� ti� APPROVED CITY CLERK LEGAL DEPT By Date " g° HCM:ses RESOLUTION NO. 90-19868 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF MIAMI BEACH AUTHORIZING THE MAYOR AND THE CITY CLERK TO EXECUTE A CONSENT TO THE ASSIGNMENT/TERMINATION OF SUBLEASE BETWEEN FRANKEL & ASSOCIATES, INC. AND DACRA DEVELOPMENT CORPORATION AND THE FURTHER SUBLEASE OF A PORTION OF THE SEVENTH (7TH) FLOOR OF HISTORIC CITY HALL BETWEEN FRANKEL & ASSOCIATES, INC. AND LILLIAN VARELA, INC. WHEREAS, the City of Miami Beach (hereinafter referred to as "City") entered into a Lease Agreement (hereinafter referred to as "Lease") on March 16, 1987 with Frankel & Associates, Inc. (hereinafter referred to as "Lessee") for the eighth (8th) floor and a portion of the seventh (7th) floor in Historic City Hall ; and WHEREAS, pursuant to the Lease, Lessee has an option to lease approximately 915 feet of the seventh (7th) floor, specified as "L- 7B" in Amended Exhibit A to the Lease; and WHEREAS, Lessee notified the City of its intent to exercise the option, which exercise became effective at the time the City consented to the Sublease between Lessee and Robert Blum & Company; and WHEREAS, the City consented to a Sublease between the Lessee and Robert Blum & Company, which was subsequently transferred to DACRA DEVELOPMENT CORPORATION; and WHEREAS, the Lessee has notified the City of an assignment/termination of the sublease between Frankel & Associates, Inc. and DACRA DEVELOPMENT CORPORATION dated October 1, 1989 ; and WHEREAS, the Lessee has notified the City of a further sublease between Frankel & Associates, Inc. and Lillian Varela, Inc. dated November 1, 1989 ; and WHEREAS, the City wishes to consent to the Assignment/Termination between Frankel & Associates, Inc. and DACRA DEVELOPMENT CORPORATION and further wishes to consent to the Sublease between Frankel and Associates, Inc. and Lillian Varela, Inc. , a copy of which consent is attached hereto. r ORIGINAL RESOLUTION NO. 90-19868 t , Authorizing the Mayor and the City Clerk • . • to execute a consent to the assignment/ termination of sublease between Frankel and Associates, Inc. and Dacra Develop . . _ . - . :ii7L - ment Corporation and the further sublease of a portion of the seventh (7th) floor of Historic City Hall between Frankel & Associates, Inc. and Lillian Varela, Inc. • 4, _ . ; y f f - r` >f sf1 doe. • tp` • '.,::...,-,..••,-.1.foiat.0,,:f. /r-i -31..--,,-..„-„,i%.,.47i.....r,,,,, , -:,,,...,...,:,::,,,,'•••• . . . .. .. { ? r . ,, • .. .....N4.,.2..„ tea + .. 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