LEASE AGREEMENT between NEW WORLD SYMPHONY, INC. and CMB 2. o.t8 — ctlod
LEASE AGREEMENT
THIS LEASE AGREEMENT ("Agreement"), made this 5- day of
S597tEt--t , 2020 ("Effective Date"), by and between the CITY OF MIAMI BEACH,
FLORIDA,a Florida municipal corporation,(hereinafter referred to as"City"or"Landlord"),and the
NEW WORLD SYMPHONY, INC, a Florida not-for-profit corporation, (hereinafter referred to as
"NWS" or Tenant").
1. City's Contribution/Demised Premises.
1.1 City Contribution.
Pursuant to that certain Amendment No. 1 to the Video and Audio System
Agreement, dated November 29, 2007(as amended, the"Audio System Expansion
Agreement"), which is being executed by and between NWS and the City
simultaneously with this Agreement, NWS and the City have partnered in order to
expand the audio video system at the City's SoundScape Park, by providing outdoor
living rooms, with the City funding the audio system, in an amount not to exceed
$572,000, and NWS funding the video component (collectively, the "Expansion
Project"). As part of the video component of the Expansion Project under the Audio
System Expansion Agreement, NWS will be providing two (2) portable pop up LED
screens, which need to be stored in a climate-controlled facility. The City has
agreed to construct a storage facility (the "Facility"), pursuant to Section 6 of this
Agreement,at the Pennsylvania Avenue Garage(the"Garage"), owned by the City,
having a physical address of 1661 Pennsylvania Avenue, Unit 2, Miami Beach,
Florida, 33139. The space encompasses three (3) standard parking spaces and
one (1) ADA parking space on the ground floor of the Garage in the location set
forth on Exhibit "A", attached hereto. The ADA parking space will be relocated to
another section of the Garage. The City will pay the parking fees associated with
the parking spaces being permanently occupied, based upon the current parking
rates, as may be modified from time to time, in the initial annual amount of
$4,800.00.
1.2 The City, in consideration of the rentals hereinafter reserved to be paid and of the
covenants, conditions and agreements to be kept and performed by the Tenant,
hereby leases, lets and demises to the Tenant,and Tenant hereby leases and hires
from the City, those certain premises, located on the ground floor of the Garage,
identified as Unit 2 of the Pennsylvania Garage Condominium(the"Condominium"),
hereinafter referred to as the "Demised Premises", described as follows:
A Facility, having approximately 693 square feet of space,
located within Unit 2 of the PENNSYLVANIA GARAGE
CONDOMINIUM, as recorded in Official Records Book
28080, at Page 4536, of the Public Records of Miami-Dade
County, Florida,as more particularly described in Exhibit"A",
attached hereto and incorporated herein by reference.
2. Term.
2.1 Tenant shall be entitled to have and to hold the Demised Premises commencing on
the Possession Date (as defined in Section 6.1). The Agreement shall have an
initial term of five (5) years, commencing on the Possession Date (the "Lease
Commencement Date"). For purposes of this Agreement, and including, without
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limitation, Subsection 2.2 herein, a "contract year" shall be defined as that certain
period commencing on the 1st day of month that is the same as for the first full
month of the initial contract year and ending on the last day of the last month that is
the same as the last full month for the initial contract year. The first contract year
shall include any partial month in which the Possession Date occurs. Tenant shall
not occupy the Demised Premises at any time prior to the Possession Date.
2.2 Provided Tenant is in good standing and free from default(s) under Section 15
hereof, and upon written notice from Tenant,which notice shall be submitted to the
City Manager no later than sixty(60)days prior to the expiration of the initial term,
this Lease may be extended for one(1)additional four(4)year renewal term under
the same terms and conditions of this Agreement. Any extension, if approved,shall
be memorialized in writing and signed by the parties hereto (with the City hereby
designating the City Manager as the individual authorized to execute such
extensions on its behalf). The initial term and any approved renewal term shall be
referred to herein as a "Term".
In the event that the City Manager determines, in his sole discretion, not to extend or
renew this Agreement(upon expiration of the initial term or any renewal term), the
City Manager shall notify Tenant of same in writing, which notice shall be provided
to Tenant within fifteen(15)business days of the City Manager's receipt of Tenant's
written notice.
2.3 Termination for Convenience. The City may also, through its City Manager, and
for its convenience and without cause, terminate the Agreement at any time during
the Term by giving written notice to Tenant of such termination;which shall become
effective a year following receipt by Tenant of such notice. Following such
termination for convenience,the City and Tenant shall be discharged from any and
all liabilities, duties, and terms arising out of, or by virtue of, this Agreement, except
with respect to any duties and obligations which are intended to survive termination
of the Agreement, including,without limitation, the indemnification provisions of the
Agreement.
In the event that the City exercises this termination for convenience provision, the
City Manager, in the City Manager's sole discretion, and without an obligation, may
provide Tenant with an alternate facility for the storage of the modular LED screen
video walls.
2.4 Construction of Facility Contingency. This Agreement shall be contingent upon
the City completing the City Improvements; therefore, Tenant shall not have any
leasehold interest in the Demised Premises until the Possession Date. In the event
that the City is unable to construct the City Improvements within one(1)year,due to
funding issues or any other unanticipated factors, the City may terminate the
Agreement, by giving written notice to Tenant of such termination; which shall
become effective upon receipt by Tenant of such notice. Following such
termination, the City shall be discharged from any and all liabilities,duties,and terms
arising out of, or by virtue of, this Agreement.
3. Rent.
Tenant's payment of Rent, as defined in this Section 3, shall commence upon the Lease
Commencement Date(the"Rent Commencement Date")and, thereafter, on each first day
of each subsequent contract year. Base Rent and Additional Rent may be individually or
collectively referred to as Rent.
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3.1 Base Rent:
Throughout the Term herein,the Base Rent for the Demised Premises shall be One
and 00/100 ($1.00) Dollar per year, payable in advance, on the first day of each
contract year.
3.2 Additional Rent:
Taxes. Concurrent with the payment of the Base Rent, Tenant shall also pay any
and all sums for all applicable tax(es), including without limitation, sales and use
taxes and Property Taxes (in accordance with Section 9), imposed, levied or
assessed against the Demised Premises. Additional Rent shall be due within fifteen
(15) days from receipt of a bill from the City.
3.3 Intentionally Omitted.
4. Location for Payments.
All rents or other payments due hereunder shall be paid to the City at the following address:
City of Miami Beach
Revenue Manager
1700 Convention Center Drive, 3rd Floor
Miami Beach, Florida 33139
or at such other address as the City may, from time to time, designate in writing.
5. Use and Possession of Demised Premises.
5.1 The Demised Premises shall be used by the Tenant as a storage facility for modular
LED screen video walls and for any other component related to the Expansion
Project. No additional uses shall be permitted unless agreed to by the parties and
memorialized in writing in the form of an amendment to the Agreement. The
Demised Premises may be accessed by Tenant 24 hours and seven days per week.
Nothing herein contained shall be construed to authorize hours contrary to the laws
governing such operations.
5.2 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 the event that the 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 the City may declare this Agreement in default pursuant to
Section 15.2 or, restrain such improper use by injunction or other legal action.
6. Improvements.
6.1 City Improvements.
The City agrees to construct a storage Facility on the Demised Premises, including
an air conditioning unit and a separately installed electric meter to serve the
Demised Premises exclusively (valued by the parties at an amount not to exceed
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One Hundred Eighty Thousand and 00/100 ($180,000.00) Dollars, as more
particularly described in Exhibit "B", attached hereto and incorporated herein (the
"City Improvements").The City will be responsible for the preparation of and cost of
the architectural and engineering plans for the City Improvements. The City will use
reasonable efforts to complete the City Improvements as soon as practical, but
makes no warranties or representations as to the expected construction time that it
will take to complete. The initial building plans for the City Improvements shall be
subject to the approval of Tenant, which approval shall not be unreasonably
withheld, conditioned or delayed. The City may substitute materials or modify the
initial building plans, as the City, in its sole judgment and discretion, determines is
necessary or desirable. The City shall deliver possession (including keys) to the
Demised Premises to NWS (i)with the City Improvements substantially completed
(i.e. completed except for minor punch list items), as evidenced from a Certificate of
Completion or Certificate of Occupancy from the City's Building Department, and
substantially in accordance with the plans approved by Tenant; (ii)with a watertight
roof and structure and with all exterior doors and windows in good working order
and condition; and (iii) with all building systems, including without limitation,
electrical,A/C and fire suppression systems serving the Demised Premises in good
working order and condition(collectively, the"Possession Date"). Tenant shall have
ten (10)days from the Possession Date("Inspection Period")to advise Landlord, in
writing, of any punch list items. Landlord will review the punch list items and
determine, in its reasonable discretion, which punch list items are required to
complete the Work. Landlord will have ninety (90) days to complete the Landlord
approved punch list items. Tenant shall not be able to use the Demised Premises
until the Possession Date. For the sake of clarity, the parties understand that NWS
will not purchase the modular LED video walls and any related equipment unless the
City completes the City Improvements.
6.2 As of the Possession Date, Tenant accepts the Demised Premises in their"AS IS"
condition. Tenant shall not be permitted to further improve the Demised Premises
without the City Manager's written consent. Any Tenant requests for additions or
alterations to the Demised Premises("Tenant Improvements")shall require Tenant
to first submit plans for such improvements to the City Manager for his prior written
consent, which consent, if granted at all, shall be at the City Manager's sole and
absolute discretion.Additionally,any and all approved improvements shall be made
at Tenant's sole expense and responsibility.All permanent(fixed)improvements to
the Demised Premises shall remain the property of the City upon termination and/or
expiration of this Agreement. Upon termination and/or expiration of this Agreement,
all personal property and non-permanent trade fixtures may be removed by the
Tenant from the Demised Premises, provided that they can be (and are) removed
without 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 approved Tenant Improvements. Moreover, such construction
shall be accomplished through the use of licensed, reputable contractors who are
acceptable to the City. Any and all permits and or licenses required for the
installation of any approved Tenant Improvements shall be the sole cost and
responsibility of Tenant.
6.3 Notwithstanding Subsection 6.2, upon termination and/or expiration of this
Agreement, and at City's sole option and discretion, any Tenant Improvements
made by Tenant to or in the Demised Premises(unless the City Manager agrees in
writing that the Tenant Improvements need not be removed) shall, upon written
demand by the City Manager, be promptly removed by Tenant, at its expense and
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responsibility, and Tenant further hereby agrees, in such event, to restore the
Demised Premises to their original condition as of the Acceptance Date of this
Agreement.
6.4 The requirements in Subsection 6.2 for submission of plans and the use of specific
contractors shall not apply to improvements (which term, for purposes of this
Subsection 6.4 only, shall also include improvements as necessary for Tenant's
maintenance and repair of the Demised Premises) which do not exceed Two
Thousand Five Hundred($2,500.00)Dollars, provided that the work is not structural,
and provided that it is permitted by applicable law.
7. City's Right of Entry.
7.1 The City Manager, and/or his authorized representatives, shall have the right to
enter upon the Demised Premises at all reasonable times for the purpose of
inspecting same; preventing waste; making such repairs as the City may consider
necessary; and for the purpose of preventing fire, theft or vandalism. The City
agrees that,whenever reasonably possible, it shall use reasonable efforts to provide
notice(whether written or verbal), unless the need to enter the Demised Premises is
an emergency, as deemed by the City Manager, in his sole discretion, which if not
immediately addressed could cause property damage, loss of life or limb, or other
injury to persons. Nothing herein shall imply any duty on the part of the City to do
any work that under any provisions of this Agreement the Tenant may be required to
perform,and the performance thereof by the City shall not constitute a waiver of the
Tenant's default.
7.2 If the Tenant shall not be personally present to open and permit entry into the
Demised Premises at any time, for any reason, and any entry thereon shall be
necessary or permissible,the City Manager, and/or his authorized representatives,
may enter the Demised Premises by master key,or may forcibly enter the Demised
Premises without rendering the City or such agents liable therefore.
7.3 Tenant shall furnish the City with duplicate keys to all locks including exterior and
interior doors prior to (but no later than by) the Commencement Date of this
Agreement.Tenant shall not change the locks to the Demised Premises without the
prior written consent of the City Manager, and in the event such consent is given,
Tenant shall furnish the City with duplicate keys to said locks in advance of their
installation.
8. Tenant's Insurance.
8.1 Worker's Compensation Insurance as required by Florida, with Statutory
limits and Employer's Liability Insurance with limit of no less than$1,000,000
per accident for bodily injury or disease.
8.2 Commercial General Liability Insurance on an occurrence basis, including
products and completed operations, contractual liability, property damage,
bodily injury and personal & advertising injury for vehicles while in the
Tenant's care, custody and control with limits no less than $1,000,000 per
occurrence, and $2,000,000 general aggregate
8'.3 Property Insurance against all risks of loss to any tenant improvements or
betterments, including tenant's personal property, at full replacement cost
with no coinsurance penalty provision.
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8.4 Additional Insured Status
The City of Miami Beach must be covered as an additional insured with respect to
liability arising out of work or operations performed by or on behalf of the Tenant.
8.5 Waiver of Subrogation •
Tenant hereby grants to City of Miami Beach a waiver of any right to subrogation
which any insurer of the Tenant may acquire against the City of Miami Beach by
virtue of the payment of any loss under such insurance. Tenant agrees to obtain
any endorsement that may be necessary to affect this waiver of subrogation, but this
provision applies regardless of whether or not the City of Miami Beach has received
a waiver of subrogation endorsement from the insurer.
8.6 Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best's rating of no less
than A:VII, unless otherwise acceptable to the City of Miami Beach Risk
Management Office.
8.7 Verification of Coverage
Tenant shall provide the required insurance certificates,endorsements or applicable
policy language effecting coverage required by this Section. All certificates of
insurance and endorsements are to be received prior to the Possession Date.
However, failure to obtain the required coverage prior to the work beginning shall
not waive the Tenant's obligation to provide them. The City of Miami Beach
reserves the right to require complete, certified copies of all required insurance
policies, including endorsements required by these specifications, at any time.
8.8. Special Risks or Circumstances
The City of Miami Beach reserves the right to modify these requirements, including
limits, based on the nature of the risk, prior experience, insurer, coverage, or other
special circumstances.
8.9 Certificate Holder
CITY OF MIAMI BEACH
c/o INSURANCE TRACKING SERVICES
1700 CONVENTION CENTER DRIVE
MIAMI BEACH, FL 33139
8.10 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
agreement.
8.11 Loss or Damage. Tenant acknowledges that the City will be performing any
maintenance and repairs required of the City hereunder. The City shall not be liable
for any death or injury arising from or out of any occurrence in, upon, at, or relating
to the Demised Premises or damage to property of Tenant or of others located on
the Demised Premises or elsewhere in the Unit, nor shall it be responsible for any
loss of or damage to any property of Tenant or others from any cause, unless such
death, injury, loss, or damage results from the gross negligence or willful misconduct
of the City.
9. Property Taxes and Assessments.
For the purposes of this Section and other provisions of this Agreement:
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9.1 The term "Property Taxes" shall mean (i) real estate taxes, assessments, and
special assessments of any kind which may be imposed upon the Demised
Premises, and (ii)any expenses incurred by the City in obtaining a reduction of any
such taxes or assessments.
9.2 The term "Property Tax Year"shall mean the period of twelve(12)calendar months,
beginning on January 1St of each year.
9.3 Tenant shall pay, as Additional Rent pursuant to Section 3.2,for such Property Tax
Year an amount ("Property Tax Payment") relating to the Demised Premises or
Tenant's use of the Demised Premises. In the event that the Demised Premises is
assessed Property Taxes, either party may terminate the Agreement by providing
the other party with thirty (30) days notice.
10. 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 from any of its
obligations under this Agreement.
11. Operation, Maintenance, Repair and Utilities.
11.1 Tenant shall be solely responsible for the maintenance and repair of the interior 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 for repairs or
maintenance which is caused as a result of the negligence of Tenant, its employees,
contractors or agents.
11.2 The City shall be responsible for the maintenance of the roof, the exterior of the
Demised Premises, all ventilation/air conditioning (VAC) equipment servicing the
Demised Premises,and the structural electrical within the Demised Premises. The
City shall maintain and/or repair those items that it is responsible for, so as to keep
same in proper working condition. Except with respect to the continuous operation
of the air conditioner serving the Demised Premises, the City Manager or his
designee, will make the determination as to whether or not a requested repair is
necessary or optional. Notwithstanding the foregoing, the City will not be
responsible for,damages to the Demised Premises caused by the negligence and/or
willful misconduct of Tenant, its employees, contractors or agents.
11.3 Tenant Responsibilities for Electricity.
Tenant is solely responsible for, and shall promptly pay when due,the.electric bill for
electrical usage related to the Demised Premises pursuant to the separate meter
established for the Demised Premises.
In addition to other rights and remedies hereinafter reserved to the City, upon the
failure of Tenant to pay for such utility services(as contemplated in this Subsection
11.3) when due, the City may elect, at its sole discretion, to pay same, whereby
Tenant agrees to promptly reimburse the City upon demand.
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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.
11.4 TENANT HEREBY ACKNOWLEDGES AND AGREES THAT THE DEMISED
PREMISES ARE BEING LEASED IN THEIR PRESENT(OR AS CONSTRUCTED)
"AS IS" CONDITION.
12. 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 hold harmless the City from all liability arising from each non-
compliance.
13. 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 or contractors, in connection with work of any character
performed or claimed to have performed on said Demised 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 amount of any such lien or claimed lien. In the event of such contest,
Tenant shall give the City reasonable security as may be demanded by the City to ensure
payment thereof and prevent sale, foreclosure, or forfeiture of the Premises or
improvements by reasons of such non-payment. Such security shall be posted by Tenant
within ten (10) days of written notice from the City, or Tenant may "bond off' the lien
according to statutory procedures.Tenant will immediately pay any judgment rendered with
all proper costs and charges and shall have such lien released or judgment satisfied at
Tenant's own expense.
14. Condemnation.
14.1 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.
14.2 Tenant shall not be entitled to participate in the proceeds of any award made to the
City in any such Eminent Domain proceeding.
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15. Default.
15.1 Default by Tenant:
At the City's option, any of the following shall constitute an Event of Default under
this Agreement:
15.1.1 The Base Rent, Additional Rent, or any other amounts as may be due and
payable by Tenant under this Agreement, 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 the City
specifying such default;
15.1.2 The Demised Premises shall be deserted, abandoned, or vacated;
15.1.3 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 the
City specifying any such default; or within sixty (60) days after receipt of
written notice from the City specifying the default, if such default is one
which reasonably cannot be cured within thirty (30) days because of
circumstances beyond Tenant's control;
15.1.4 Receipt of notice of violation from any governmental authority having
jurisdiction dealing with a law, code, regulation, ordinance or the like,which
remains uncured for a period of thirty (30) days from its issuance, or such
longer period of time as may be acceptable and approved in writing by the
City Manager, at his sole discretion;
15.1.5 Any petition is filed by or against Tenant under any section or chapter of the
Bankruptcy Act, as amended, which remains pending for more than sixty
(60)days,or any other proceedings now or hereafter authorized by the laws
of the United States or of any state for the purpose of discharging or
extending the time for payment of debts;
15.1.6 Tenant shall become insolvent;
15.1.7 Tenant shall make an assignment for benefit of creditors;
15.1.8 A receiver is appointed for Tenant by any court and shall not be dissolved
within thirty (30) days thereafter; or
15.1.9 The leasehold interest is levied on under execution.
15.2 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;
15.2.1 Terminate this Agreement, in which event Tenant shall immediately
surrender the Demised Premises to the City, but if Tenant shall fail to do so
the City may, without further notice, and without prejudice to any other
remedy the City may have for possession or arrearages in rent or damages
for breach of contract, enter upon the Demised Premises and expel or
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remove Tenant and its effects in accordance with law, without being liable
for prosecution or any claim for damages therefore, and Tenant agrees to
indemnify and hold harmless the City for all loss and damage which the City
may suffer by reasons of such Agreement termination, whether through
inability to re-let the Demised Premises, or otherwise.
15.2.2 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 Agreement
to be due and payable immediately, in which event Tenant agrees to pay the
same at once, together with all rents therefore due, at the address of the
City, as provided in the Notices section of this Agreement; provided,
however, that such payment shall not constitute a penalty, forfeiture, or
liquidated damage, but shall merely constitute payment in advance of the
rents for the remainder of said term and such payment shall be considered,
construed and taken to be a debt provable in bankruptcy or receivership.
15.2.3 Enter the Demised Premises as the agent of Tenant, by force if necessary,
without being liable to prosecution or any claim for damages therefore;
remove Tenant's property there from; and re-let the Demised Premises, or
portions thereof, for such terms and upon such conditions which the City
deems, in its sole discretion, desirable, and to receive the rents therefore,
and Tenant shall pay the City any deficiency that may arise by reason of
such re-letting, on demand at any time and from time to time at the office of
the City;and for the purpose of re-letting,the City may(i)make any repairs,
changes, alterations or additions in or to said Demised Premises that may
be necessary or convenient; (ii) pay all costs and expenses therefore from
rents resulting from re-letting; and (iii) Tenant shall pay the City any
deficiency as aforesaid.
15.2.4 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.
15.2.5 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 this provision with respect to future accruals of past
due rent. In addition, there will be a late charge of Fifty ($50.00) Dollars for
any payments submitted after the due date.
15.2.6 If Tenant shall default in making any payment of monies to any person or for
any purpose as may be required hereunder,the City may pay(such expense
but the City shall not be obligated to do so. Tenant, upon the City's paying
such expense, shall be obligated to forthwith reimburse the City for the
amount thereof.All sums of money payable by Tenant to the City hereunder
shall be deemed as rent for use of the Demised Premises and collectable by
the City from Tenant as rent,and shall be due from Tenant to the City on the
first day of the month following the payment of the expense by the City.
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15.2.7 The rights of the City under this Agreement shall be cumulative but not
restrictive to those given by law and failure on the part of the City to exercise
promptly any rights given hereunder shall not operate to waive or to forfeit
any of the said rights.
15.3 Default by City:
The failure of the City to perform any of the covenants, conditions and agreements
of this Agreement which are to be performed by the City and the continuance of
such failure for a period of thirty(30)days after notice thereof in writing from Tenant
to the City(which notice shall specify the respects in which Tenant contends that the
City failed to perform any such covenant, conditions and agreements) shall
constitute a default by the City, unless such default is one which cannot be cured
within thirty(30)days because of circumstances beyond the City's control, and the
City within such thirty (30) day period shall have commenced and thereafter shall
continue diligently to prosecute all actions necessary to cure such defaults.
However, in the event the City fails to perform within the initial thirty(30)day period
provided above, and such failure to perform prevents Tenant from operating its
business in a customary manner and causes an undue hardship for Tenant, then
such failure to perform(regardless of circumstances beyond its control)as indicated
above, shall constitute a default by the City.
15.4 Tenant's Rights on Default:
In the event of any default by the City as provided herein, Tenant, to the fullest
extent permitted by law, shall have the right to pursue any and all remedies
available at law or in equity, including the right to sue for and collect damages,
including reasonable attorney fees and costs,to terminate this Agreement; provided
however, that Tenant expressly acknowledges and agrees that any recovery by
Tenant shall be limited to the amount set forth in Section 29 of this Agreement.
16. Intentionally Omitted.
17. Indemnity Against Costs and Charges.
17.1 Tenant shall be liable to the City for all costs and charges, expenses, reasonable
attorney's fees, and damages which may be incurred or sustained by the City, by
reason of Tenant's breach of any of the provisions of this Agreement.Any sums due
the City under the provisions of this item shall constitute a lien against the interest of
the Tenant and the Demised Premises and all of Tenant's property situated thereon
to the same extent and on the same conditions as delinquent rent would constitute a
lien on said premises and property.
17.2 If either party shall deem it necessary to engage an attorney(including an in-house
attorney)to enforce the terms and conditions of this Agreement,the prevailing party
shall be entitled to recover all reasonable costs in connection with the prosecution of
such actions, including reasonable attorney's fees.
18. Indemnification Against Claims.
18.1 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:
11
18.1.1 An act or omission on the part of Tenant, or any employee, agent,
contractor, invitee, guest, assignee, sub-tenant or subcontractor of Tenant;
18.1.2 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;
18.1.3 Any breach, violation, or non-performance of any undertaking of Tenant
under this Agreement;
18.1.4 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.
18.2 Tenant agrees to pay all damages to the Demised Premises and/or other facilities
used in connection therewith, caused by Tenant or any employee,agent,contractor,
guest, or invitee of Tenant.
19. 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.
20. Effect of Conveyance.
The term "City" and/or"Landlord" as used in the Agreement means only the owner for the
time being of the land and building containing the Demised Premises, so that in the event of
any sale of said land and building, or in the event of a lease of said building, the City shall
be and hereby is entirely freed and relieved of all covenants and obligations of the City
hereunder, and it shall be deemed and construed without further agreement between the
parties, or between the parties and the purchaser at such sale,or the lease of this building,
that the purchaser or Tenant has assumed and agreed to carry out all covenants and
obligations of the City hereunder.
21. Damage to the Demised Premises.
21.1 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
an "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 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.
12
21.2 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 within thirty (30) days from and
after said occurrence, to elect to terminate this Agreement, the Rent shall be
adjusted accordingly.
21.3 Notwithstanding any clause contained in this Section 21, if the damage (other than
Third Party Damage)is not covered by the City's insurance, then the City shall have
no obligation to repair the damage, but the City shall advise Tenant in writing within
thirty(30)days of an occurrence giving rise to the damage and of its decision not to
repair, and the Tenant may, at any time thereafter, elect to terminate this
Agreement, and the Rent shall be adjusted accordingly.
21.4 Third Party Damage. If damage to the structure of the Demised Premises is
caused by the negligence or intentional act of a third party (other than Tenant, its
employees, contractors, or agents, or a weather related occurrence), such as a car
crash or act of vandalism (collectively, "Third Party Damage"),the City agrees to be
responsible for the repairs for the portions of the Demised Premises damaged by
the third party which fall within the City's maintenance responsibility in Section 11.2,
such as the structure of the Demised Premises. The City reserves the right to
pursue the at fault party for reimbursement of said Third Party Damage costs.
21.5 For the sake of clarity, notwithstanding anything to the contrary in this Section 21,
Tenant shall be responsible for any Third Party Damage to the Demised Premises,
which falls within Tenant's maintenance responsibility under Section 11.1 including,
without limitation, the personal property contained in the Demised Premises, which
personal property is required to be insured under Section 8.3 of the Agreement.
22. Quiet Enjoyment.
Tenant shall enjoy quiet enjoyment of the Demised Premises and shall not be evicted or
disturbed in possession of the Demised Premises so long as Tenant complies with the
terms of this Agreement.
23. Waiver.
23.1 It is mutually covenanted and agreed by and between the parties hereto that the
failure of the City to insist upon the strict performance of any of the conditions,
covenants, terms or provisions of this Agreement, or to exercise any option herein
conferred, will not be considered or construed 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.
23.2 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
13
term other than the one specified in such waiver and that one only for the time and
in the manner specifically stated.
23.3 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.
24. Notices.
The addresses for all notices required under this Agreement shall be as follows, or at such
other addressas 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: Director
City of Miami Beach
Tourism & Culture Department
1700 Convention Center Drive
Miami Beach, Florida 33139
TENANT: Mr. Howard Herring, President
New World Symphony
500 17th Street
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.
25. Entire and Binding Agreement.
This Agreement contains all of the agreements between the parties hereto, and it may not
be modified in any manner other than by agreement in writing signed by all the parties
hereto or their successors in interest.The terms,covenants and conditions contained herein
shall inure to the benefit of and be binding upon the City and Tenant and their respective
successors and assigns,except as may be otherwise expressly provided in this Agreement.
26. 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.
27. 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.
14
28. 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.
29. Limitation of Liability.
The City desires to enter into this Agreement only 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 Agreement,so that its liability for any such breach never exceeds the sum of
Ten Thousand and 00/100($10,000.00)Dollars.Tenant hereby expresses its willingness to
enter into this Agreement with Tenant's recovery from the City for any damage action for
breach of contract to be limited to a maximum amount of Ten Thousand and 00/100
($10,000.00) Dollars. Accordingly, and notwithstanding any other term or condition of this
Agreement, Tenant hereby agrees that the City shall not be liable to Tenant for damage in
an amount in excess of Ten Thousand and 00/100 ($10,000.00) Dollars for any action or
claim for breach of contract arising out of the performance or non-performance of any
obligations imposed upon the City by this Agreement. Nothing contained in this Section or
elsewhere in this Agreement is in any way intended to be a waiver of the limitation placed
upon the City's liability as set forth in Florida Statutes, Section 768.28.
30. Surrender of the Demised Premises.
Tenant shall, on or before the last day of the Term herein demised, or the sooner
termination thereof, peaceably and quietly leave, surrender and yield upon to the City the
Demised Premises, together with any and all equipment,fixtures,furnishings,appliances or
other personal property, if any, located at or on the Demised Premises and used by Tenant
in the maintenance, management or operation of the Demised Premises, excluding any
trade fixtures or personal property, if any, which can be removed without material injury to
the Demised Premises, free of all liens, claims and encumbrances and rights of others or
broom-clean, together with all structural changes, alterations, additions, and improvements
which may have been made upon the Demised Premises, in good order, condition and
repair, reasonable wear and tear excepted, subject, however,to the subsequent provisions
of this Section. Any property which pursuant to the provisions of this Section is removable
by Tenant on or at the Demised Premises upon the termination of this Agreement and is not
so removed may, at the option of the City, be deemed abandoned by Tenant, and either
may be retained by the City as its property or may be removed and disposed of at the sole
cost of the Tenant in such manner as the City may see fit. If the Demised Premises and
personal property, if any, be not surrendered at the end of the Term as provided in this
Section, Tenant shall make good the City all damages which the City shall suffer by reason
thereof, and shall indemnify and hold harmless the City against all claims made by any
succeeding tenant or purchaser,so far as such delay is occasioned by the failure of Tenant
to surrender the Demised Premises as and when herein required.
31. Time is of the Essence.
Time is of the essence in every particular and particularly where the obligation to pay money
is involved.
32. 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 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.
15
CITY AND TENANT HEREBY KNOWINGLY AND INTENTIONALLY WAIVE THE RIGHT
TO TRIAL BY JURY IN ANY ACTION OR PROCEEDING THAT THE CITY AND TENANT
MAY HEREIN AFTER INSTITUTE AGAINST EACH OTHER WITH RESPECT TO ANY
MATTER ARISING OUT OF OR RELATED TO THIS AGREEMENT.
33. Radon is a naturally occurring radioactive gas that, when it is accumulated in a building in
sufficient quantities, may present health risks to persons who are exposed to it over time.
Levels of Radon that exceed Federal and State guidelines have been found in buildings in
Florida. Additional information regarding Radon and Radon testing may be obtained from
your County Public Health Unit.
34. 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 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.
35. Tenant's Compliance with Florida's Public Records Law.
Tenant shall comply with Florida Public Records law under Chapter 119, Florida Statutes,
as may be amended from time to time.
35.1 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.
35.2 Pursuant to Section 119.0701 of the Florida Statutes, if the Tenant meets the
definition of"Contractor" as defined in Section 119.0701(1)(a), the Tenant shall:
35.2.1 Keep and maintain public records required by the City to perform the
service;
35.2.2 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 exceed the cost
provided in Chapter 119, Florida Statutes or as otherwise provided by law;
35.2.3 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
16
completion of the Agreement if the Tenant does not transfer the records to
the City;
35.2.4 Upon completion of the Agreement,transfer, at no cost to the City, all public
records in possession of the Tenant or keep and maintain public records
required by the City to perform the service. If the Tenant transfers all public
records to the City upon completion of the Agreement, the Tenant shall
destroy any duplicate public records that are exempt or confidential and
exempt from public records disclosure requirements. If the Tenant keeps
and maintains public records upon completion of the Agreement,the 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.
35.3 Request for Records; Noncompliance.
35.3.1 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 the Tenant of the
request, and the Tenant must provide the records to the City or allow the
records to be inspected or copied within a reasonable time.
35.3.2 Tenant's failure to comply with the City's request for records shall constitute
a breach of this Agreement, and the City, at its sole discretion, may: (1)
unilaterally terminate the Agreement; (2)avail itself of the remedies set forth
under the Agreement;and/or(3)avail itself of any available remedies at law
or in equity.
35.3.3 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.
35.4 Civil Action.
35.4.1 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 the Tenant the reasonable costs of enforcement, including
reasonable attorneys' fees, if:
i. The court determines that the Tenant unlawfully refused to
comply with the public records request within a reasonable
time; and
ii. At least 8 business days before filing the action, the plaintiff
provided written notice of the public records request,
including a statement that the Tenant has not complied with
the request, to the City and to the Tenant.
35.4.2 A notice complies with subparagraph 35.4.1(ii) if it is sent to the City's
custodian of public records and to the Tenant at the Tenant's address listed
on its contract with the City or to the Tenant's registered agent.Such notices
must be sent by common carrier delivery service or by registered, Global
17
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.
35.4.3 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.
35.5 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
36. Inspector General Audit Rights.
36.1 Pursuant to Section 2-256 of the Code of the City of Miami Beach, the City has
established the Office of the Inspector General which may, on a random basis,
perform reviews, audits, inspections and investigations on all City contracts,
throughout the duration of said contracts. This random audit is separate and distinct
from any other audit performed by or on behalf of the City.
36.2 The Office of the Inspector General is authorized to investigate City affairs and
empowered to review past, present and proposed City programs,accounts,records,
contracts and transactions. In addition, the Inspector General has the power to
subpoena witnesses, administer oaths, require the production of witnesses and
monitor City projects and programs. Monitoring of an existing City project or program
may include a report concerning whether the project is on time,within budget and in
conformance with the contract documents and applicable law. The Inspector
General shall have the power to audit, investigate, monitor, oversee, inspect and
review operations, activities, performance and procurement process including but
not limited to project design, bid specifications,(bid/proposal)submittals,activities of
Tenant, its officers,agents and employees, lobbyists, City staff and elected officials
to ensure compliance with the contract documents and to detect fraud and
corruption. Pursuant to Section 2-378 of the City Code, the City is allocating a
percentage of its overall annual contract expenditures to fund the activities and
operations of the Office of Inspector General.
36.3 Upon ten (10) days written notice to Tenant, Tenant shall make all requested
records and documents available to the Inspector General for inspection and
copying.The Inspector General is empowered to retain the services of independent
private sector auditors to audit, investigate, monitor, oversee, inspect and review
operations activities, performance and procurement process including but not limited
to project design, bid specifications, (bid/proposal) submittals, activities of Tenant,
its officers, agents and employees, lobbyists, City staff and elected officials to
ensure compliance with the contract documents and to detect fraud and corruption.
36.4 The Inspector General shall have the right to inspect and copy all documents and
records in Tenant's possession, custody or control which in the Inspector General's
sole judgment, pertain to performance under the Agreement, including, but not
18
limited to original estimate files, change order estimate files,worksheets, proposals
and agreements from and with successful subcontractors and suppliers,all project-
related correspondence, memoranda, instructions,financial documents, construction
documents, (bid/proposal) and Lease documents, back-change documents, all
documents and records which involve cash, trade or volume discounts, insurance
proceeds, rebates, or dividends received, payroll and personnel records and
supporting documentation for the aforesaid documents and records.
36.5 Tenant shall make available at its office at all reasonable times the records,
materials, and other evidence regarding the acquisition (bid preparation) and
performance of this Lease, for examination, audit, or reproduction, until three (3)
years after final payment under this Lease or for any longer period required by
statute or by other clauses of this Lease. In addition:
36.5.1 If this Lease is completely or partially terminated, Tenant shall make
available records relating to the work terminated until three (3) years after '
any resulting final termination settlement; and
36.5.2 Tenant shall make available records relating to appeals or to litigation or the
settlement of claims arising under or relating to this Lease until such
appeals, litigation, or claims are finally resolved.
36.5.3 The provisions in this section shall apply to Tenant, its officers, agents,
employees, subcontractors and suppliers. Tenant shall incorporate the
provisions in this section in all subcontracts and all other agreements
executed by Tenant in connection with the performance of this Lease.
36.6 Nothing in this section shall impair any independent right to Landlord to conduct
audits or investigative activities. The provisions of this section are neither intended
nor shall they be construed to impose any liability on Landlord by Tenant or third
parties.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
1.9
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
•
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tzsev ,
RAFAEL E. GRANADO, CI Y CLERK DAN GELBER, MAYOR
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(PRINT NAME)
(79 S- 20,7..e7
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(Date)
1 CJ- 20
Attest: NEW WORLD SYMPHONY, INC.
-124.4
WITNESS
Howard Herring, President
David Phillips (PRINT NAME)
(PRINT NAME)
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WITNESS
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(PRINT NAME)
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(Date)
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
City-Attar !yate
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20
EXHIBIT "A"
SKETCH AND LEGAL DESCRIPTION FOR DEMISED PREMISES
21
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LOCATION SKETCH
NOT "0 SCALL
LEGAL DESCRIPTION:
BEING AN LEASE AREA LYING IN A PORTION OF PENNSYLVANIA GARAGE CONDOMINIUM. AS RECORDED IN OFFICIAL RECORD BOOK 28080, PAGE
4605 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY FLORIDA AND LYING IN A PORTION OF THE NORTHEAST ONE-QUARTER (NE 1/4) OF
SECTION 34, TOWNSHIP 53 SOUTH. RANGE 42 EAST. CITY OF MIAMI BEACH, MIAMI-DADE COUNTY, FLORIDA, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHWEST CORNER OF SAID PENNSYLVANIA GARAGE CONDOMINIUM; THENCE N 88'00'00" E ALONG THE NORTHERLY LINE
OF SAID CONDOMINIUM A DISTANCE OF 68.83 FEET; THENCE S 02'00'00" E A DISTANCE OF 56.08 FEET TO THE POINT OF BEGINNING;
THENCE S 02'00'00" E A DISTANCE OF 35.00 FEET; THENCE N 88'00'00" E A DISTANCE OF 21.00 FEET, THENCE N 02'00'00" W A DISTANCE
OF 31.00 FEET; THENCE N 81'12'57" W A DISTANCE OF 21.38 FEET TO THE POINT OF BEGINNING'
CONTAINING 693 SQUARE FEET MORE OR LESS.
SURVEYORS NOTES:
1. THE SKETCH IS NOT A BOUNDARY SURVEY THIS NOTE IS REQUIRED BY RULE 5J-17.053(5)(b) FAC
2 BEARINGS SHOWN HEREON ARE BASE UPON FLORIDA STATE PLANE COORDINATE SYSTEM, FAST ZONE NAD 1983/90, REFERENCED TO THE NORTHERLY
LINE OF PENNSYLVANIA GARAGE CONDOMINIUM WHICH IS ASSUMED TO BEAR N 88'00'00 E
3. THIS SKETCH OF DESCRIPTION IS NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND
MAPPERS
4 THE LEGAL DESCRIPTION AND SKETCH OF DESCRIPTION IS NOT FULL AND COMPLETE WITHOUT A SHEETS L-1 THROUGH L-2
CERTIFICATION:
HEREBY CERTIFY: THIS "LEGAL DESCRIPTION AND SKETCH" IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. AS DESCRIBED AND
DRAWN UNDER MY DIRECTION, AND THAT IT MEETS THE STANDARDS OF PRACTICE AS SET FORTH BY THE FLORIDA BY THE FLORIDA STATE BOARD OF
PROFESSIONAL SURVEYORS AND MAPPERS IN CHAPTER FJ-17 FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION 472 027 FLORIDA STATUES
I
2
� BRIAN T BELLING DATE
CITY SURVEYOR MANAGER
PROFESSIONAL SURVEYOR AND MAPPER NO.4973
THE LEGAL DESCRIPTION AND THE SKETCH OF DESCRIPTION IS NOT
FULL AND COMPLETE WITHOUT ALL SHEETS (L-1 THROUGH L-2)
�`�ii/�/1/i�IBEACH ACCEPTED BY R11/26/19 EVISED TITLE PENNSYLVANIA GARAGE L-1
PUBLIC WORKS DEPARTMENT CONDO — NWS LEASE AREA PROJECT NO
e700 CONVENTION CENTER DRIVE.MIAMI BEACH FL 33119 BRIAN T BELUNO
SM 2019•--
3 CITY SURVEYOR
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PENNSYL IA GARAGE (CONDOMINIUM s
n I ORB. 28080. PG. :I, m 0
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1 15.0' 15.0' //— I
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1 LEGEND SKETCH OF DESCRIPTION LINE BEARING DISTANCE
PO C PONT OF COMMENCEMENT SCAi_E--.1"-30 (8 5�X 1 1" SHEET) L1 N 88'00'00" E 68.83'
4§ P08 POINT OF BEGINNING
RAW RIGHT OF WAY L2 S 02'00'00" E 56.08'
L3 S 02'00'00" E 35.00'
A ARC LENGTH
CA CENTRAL ANGLE L4 N 88'00'00" E 21.00'
CHORD BEAR
< CO CHORD D$AINCE NG L5 N 02'00'00" W 31.00'
PG PAGE L6 N 81'12'57" W 21.38'
PB PLAT BOOK
NWS NEW WORLD SYNPHONY
(p) PLAT DIMENSION
THE LEGAL DESCRIPTION AND THE SKETCH OE DESCRIPTION IS NOT
FULL AND COMPLETE WITHOUT ALL SHEETS (L-1 THROUGH L-2.)
1 MIAMI BEACH ACCEPTEDBY REVISED TIRE PENNSYLVANIA GARAGE L-2
tt46n9
PUBLIC WORKS DEPARTMENT
1100 CONVENTION CENTER OHNE NW.BEACH EE 33I)) BRIAN T BELLINO CONDO - NWS LEASE AREA P• ROJECT NO
CITY SURVEYOR SM 2019--
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