Resolution 94-21054 RESOLUTION NO. 94-21054
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI- BEACH APPROVING IN
CONCEPT THE BUSINESS PROPERTY LEASE FOR OFFICE
SPACE AT 1674 MERIDIAN AVENUE, SUBJECT TO THE
CONDITIONS AS STATED BELOW, AND AUTHORIZING
THE MAYOR AND CITY CLERK TO EXECUTE THE LEASE
SUBJECT TO CERTAIN CONDITIONS.
WHEREAS, the Parking Department has been located at different
offices which have compromised the efficiency of the Department;
and
WHEREAS, it is a compelling necessity to rent office space to
alleviate this situation.
NOW, THEREFORE, BE IT DULY RESOLVED BY _ THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, that the Mayor and City
Commission approve in concept the business property lease for
office space at 1674 Meridian Avenue, subject to the conditions as
stated below, and further authorize the Mayor and City Clerk to
execute the lease, subject to the following conditions :-
1 . The receipt of a conditional use permit from the City' s
Planning Board for this contemplated public institutional
use.
2 . An economic impact analysis showing the public necessity
and need for the City to rent the subject premises .
3 . That all terms and conditions of this agreement be
approved by the City Attorney, including Arbitration and
Limitation of Liability provisions.
- PASSED and ADOPTED this 16th , day of February
1994 .
MA OR
1
ATT T:
CITY CLERK
c:\wp51\data\resoluti.lai
FORM APPROVED
LEGAL DEPT.
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BUSINESS PROPERTY LEASE
THIS LEASE, executed this /Si- day of 40V7 / , 1994 between •
1674 MERIDIAN LTD., a Florida limited partnership ("Lessor") and CITY OF
MIAMI BEACH ("Lessee").
WITNESSETH: The Lessor, for and in consideration of the rent herein
reserved to be paid by the Lessee, and in consideration of the covenants herein to
be kept and performed by the Lessee, does hereby lease and demise unto the Lessee
the following described premises (the "premises") situated in the City of Miami
Beach, County of Dade, State of Florida:
"Approximately 2,900 square feet located on the third
floor in the 1674 Meridian Avenue Office Building, 1674
Meridian Avenue, Miami Beach, Florida. The premises
commence at the South East corner and extend towards the
North East corner of the building. A floor plan is attached
hereto marked Exhibit "A" which outlines the premises in
red.
TO HAVE AND TO HOLD the premises unto the Lessee, from the
� day of 49✓i I , 1994 to and including the 315f day of
F-lc rch , 1995, the Lessee yielding and paying to the Lessor the
following rental:
THREE THOUSAND TWENTY AND 83/100
($3,020.83) DOLLARS on 4pti
1994 and THREE THOUSAND TWENTY AND 83/100
on the 1st day of each and every month thereafter during
the term of its lease;
Lessee shall also pay, as additional rent, all sales or use or excise tax
imposed, levied or assessed against the rent or any other charge or payment required
hereby any governmental authority having jurisdiction thereover, even though the
taxing statute or ordinance may purport to impose such sales tax against the Lessor.
The payment of sales tax shall be made by Lessee on a monthly basis, concurrently
with payment of the fixed minimum annual rental.
The Lessee agrees to keep, conform to and abide by each of the following covenants
which are hereby made conditions of this Lease:
1. To pay the rent set forth herein in advance, at the times and in the manner
aforesaid, and should the rent herein provided at any time remain unpaid after same
shall become due, the Lessor shall have such remedies as may be granted pursuant
to the laws of the State of Florida. All rent payments shall be made to the Lessor
at the office of the Lessor, located at 1674 Meridian Avenue, Miami Beach, Florida,
33139, or at such other place as the Lessor may, from time to time, designate in
writing.
2. Lessor will cause to be supplied electric current for all lighting and
equipment of the Lessee located on said premises which is ordinarily used in the type
of business carried on by Lessee. Lessor will also supply water to the demised
premises as presently constituted.
3. The Lessor shall be obliged to furnish air conditioning to the Lessee and
the Lessor shall have the right to determine the degrees of temperature to be
maintained, and the Lessee hereby agrees to keep all doors, windows and other
openings in the premises completely closed during the period when air conditioning
is furnished. The Lessor shall only be obliged to furnish air conditioning during the
hours between 9 A.M and 6 P.M. on week days and on Saturdays from 8 A.M. to
12 noon. The Lessor shall not be liable for any loss or damage caused by delay or
by total or partial failure in furnishing air conditioning due to any cause or condition
whatsoever, and the Lessee shall not be entitled to any abatement of rent by reason
thereof.
4. The floor coverings in the premises are the property of the Lessor and it
is expressly agreed that the Lessor does not undertake to maintain, renew or replace
the same; further, if the Lessee wishes to remove, renew or replace said floor
coverings, written permission to do so must first be procured from the Lessor. The
Lessee shall at all times maintain the floor of the premises in good condition and
repair promptly any damage thereto that may be caused by removing, renewing or
replacing the floor coverings.
5. Lessee agrees that any noise disturbance, inconvenience, disruption,
failure of any facilities, the shutting off of light or access to the premises, or any
other nuisance or nuisances, caused by or due to any repairs, alterations,
improvements, additions or construction by the Lessor, its agents, servants or
employees to any part or portion of the building and for parking areas wherein the
premises are located, shall not be deemed or construed as a breach or violation of
the peaceful possession of the premises on the part of the Lessee. It is specifically
further agreed that any such conditions shall not give rise to any abatement, rebate
or diminution of the rent reserved herein, nor to any liability or responsibility by
reason thereof on the part of the Lessee.
6. All additions upon the premises, made by either party, including attached
carpets or other floor covering, shall, unless the Lessor elects otherwise, become its
property, and shall remain upon and be surrendered with said premises as a part
thereof, at the end of the Lease.
7. It is understood that any property left on the premises at the expiration of
the Lease, shall be considered abandoned and shall become and be deemed the
property of the Lessor.
8. Any and all alterations or additions made by the Lessee to or in the
premises shall at the request of the Lessor, at the expiration of the term of this Lease
or sooner termination thereof, be removed by the Lessee at his own cost and expense
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and Lessee further hereby agrees in such event, to restore the premises to their
original condition as of the date of this Lease.
9. Not to assign the Lessee's interest in this Lease, nor underlet the whole or
any part of the premises, nor to use the same for any purpose other than for use as
an office for the City of Miami Beach Parking Department; without first having
obtained the written consent to such assignment or underletting, or to such change
of purpose for the use of the premises, from the Lessor, and the Lessee further
covenants that the premises will not be used for any purpose that will invalidate any
policies of insurance now or hereafter written on the building on which the premises
are located, or will increase the rate of premium thereof.
10. To use the premises in pursuance with all laws and ordinances now or
hereinafter applicable; also to exercise all reasonable care in the use of halls, stairs,
corridors, toilets and other fixtures and parts of the premises used in common with
other tenants in said building which may be necessary for the preservation of the
property and comfort of the other tenants.
11. Not to permit or suffer any noise, disturbance or nuisance whatsoever on
the premises detrimental to same or annoying to the neighbors, and the Lessee
acknowledges that the premises have been received in thoroughly good order,
tenantable condition and repair, of which the execution of this Lease, and taking
possession hereunder shall be conclusive evidence; and that no representations as to
the condition of the premises have been made by the Lessor, or the Lessor's agent,
and that no obligation as to the repairing, adding to, or improving the premises has
been assumed by the Lessor, and that no oral arrangements have been entered into
in consideration of making this Lease and that this Lease contains a full statement
of the obligation of both parties hereto.
12. To keep the interior of the premises in good condition during the
continuation of the term herein demised, and every part thereof, including the
plumbing, doors and windows, and awnings, if any (which said awnings, if any, the
Lessor shall not be called upon to furnish or replace during the term of the Lease),
and will keep the same in good, sound, clean condition and repair, ordinary wear
and tear, fire, hurricane or other act of God alone excepted, and will not suffer or
permit any strip or waste of the premises.
13. Not to make any alterations or changes in the premises without the
written consent of the Lessor, and all additions, fixtures, or improvements, except
only office furniture and fixtures which shall be readily removable without injury to
the premises, shall be and remain a part of the premises at the expiration of this
Lease.
14. To permit the Lessor, or the Lessor's agent, at any reasonable time, to
enter and inspect the premises, and make repairs, if in the Lessor's sole judgment,
the Lessor should elect to do so.
15. If the Lessee shall not pay the rents herein reserved at the time and in the
manner stated, or shall fail to keep and perform any other condition, stipulation or
agreement herein contained, on the part of the Lessee to be kept and performed, or
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if the Lessee shall suffer to be filed against the Lessee and involuntary petition in
bankruptcy or shall be adjudged a voluntary or involuntary bankrupt or make an
assignment for the benefit of creditors, or should there be appointed a Receiver to
take charge of the premises either in the State or Federal courts, or if the Lessee
shall vacate or abandon the premises prior to the end of the term hereof, then, in any
such events, the Lessor may, at the Lessor's option, terminate and end this Lease
and re-enter upon the premises, whereupon the term hereby granted, and at the
Lessor's option, all of the Lessee's right, title and interest in this Lease shall end and
the Lessee shall become a tenant at sufferance. The exercise of any options herein
contained shall not be deemed to be exclusive and the Lessor shall at all times in the
event of the Lessee's default hereunder, have such remedies as may be provided by
the laws of the State of Florida.
16. If the Lessee shall abandon, vacate or remove the major portion of the
furniture and fixtures usually kept on the premises when the same is open for
business and shall cease doing business in the premises, then, at the option of the
Lessor, this Lease shall immediately terminate, and all payments made by the Lessee
shall be retained by the Lessor as payment in full for the period of time the premises
are occupied by the Lessee and the Lessee shall not be entitled to any monies so paid
by him, even though such payment is for time subsequent to such closing of the
premises and removal of furniture and fixtures.
17. The Lessee pledges with the assigns unto the Lessor all the furniture and
fixtures, goods and chattels of the Lessee, which may be brought or put on the
premises, as security for the payment of the rent herein reserved, and agrees that the
Lessor's lien for the payment of said rent may be enforced by distress, foreclosure
or otherwise, at the option of the Lessor, and the Lessee agrees that such lien is
granted to the Lessor and vested in the Lessor, the Lessee to pay the rent herein
reserved when the same shall become due, and it becomes necessary for the Lessor
to collect said rent by suit or through an attorney, the Lessee will be obligated to pay
the Lessor a reasonable attorney's fee, together with all costs and charges thereof.
18. In the event the premises, or any part thereof, shall at any time be
destroyed or so damaged by fire or other elements so as to be unfit for occupancy
or use by the Lessee, then and in that event, the Lessor shall have the option to
terminate this lease or to repair and rebuild the premises, remitting rents hereby
damage sustained, until the premises are reinstated and made fit for occupancy and
use; and in the event the Lessor elects to exercise the option to repair and rebuild,
the same shall be done and completed within a reasonable time, but in no event shall
such time be more than sixty (60) days from the date of the initial damage or
destruction rendering the premises untenantable.
19. The Lessee shall not attach any signs to the premises, or place any
lettering on the plate glass windows, unless such signs, and such lettering, have been
approved by the Lessor.
20. If the Lessee shall occupy the premises with or without the consent of the
Lessor after the expiration of this Lease, and the rent is accepted from the Lessee
during such period, such occupancy and payment shall be construed as an extension
of this Lease on a month-to-month basis only from the date of such expiration,
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unless other terms of such extension are endorsed hereon in writing and signed by
the parties hereto.
21. The Lessee agrees that this Lease shall be subject and subordinate to
any mortgage or deed of trust presently encumbering the premises, or which may
hereafter be made on.account of any proposed loan to be placed on the premises by
the Lessor to the full extent of all debts and charges secured thereby, and to any
renewals and extensions of all or any part thereof, which the Lessor may hereafter
at any time elect to place on the premises.
22. Provided this Lease is in good standing and the Lessee is not in default
hereunder, the Lessor hereby grants to the Lessee (1) year, upon the same terms and
conditions as set forth herein, THREE THOUSAND TWO HUNDRED SIXTY-
TWO AND 50/100 ($3,262.50) DOLLARS per month. The Lessee shall exercise '
such option by giving written notice thereof, sent by certified mail to the Lessor at
the address of the Lessor where rent payments are made, not less than ninety (90)
days prior to the expiration of the original term hereof, otherwise this option shall
be void.
23. At the expiration of the term hereof, the Lessee shall quietly. and
peaceably deliver the premises to the Lessor in the same repair and condition in
which they were received, ordinary wear and tear excepted. No estate for years is
created by this Lease.
24 The Lessor covenants that Lessor will keep the exterior roof and walls of
the building in which premises are situated, in good repair. The Lessee shall give
to the Lessor seven. (7) days written notice of needed repairs, and the Lessor shall
have a reasonable time thereafter within which to commence said repairs.
25. The terms Lessor and Lessee as herein contained shall include the
singular and/or plural, masculine, feminine, and/or neuter, and heirs, successors,
personal representatives and/or assigns of the parties hereto.
26. The failure of the Lessor in one or more instances to insist upon strict
performance or observance of one or more of the covenants or conditions hereof or
to exercise any remedy, privilege or option herein conferred upon or reserved to the
Lessor, shall not operate or be construed as a relinquishment or waiver for the future
of such covenant or condition or of the right to enforce the same or the exercise such
privilege, option, or remedy, but the same shall continue in full force and effect.
The receipt by the Lessor of rent, or additional rent, or any other payment required
to be made by the Lessee, or any part thereof, shall not be a waiver of any other
additional rent or payment then due, nor shall such receipt, though with knowledge
of the breach of any covenant or condition hereof, operate as or be deemed to be a
waiver of such breach, and no waiver by the Lessor of any of the provisions hereof,
or any of the Lessor's rights, remedies, privileges or options hereunder shall be
deemed to have been made unless made by the Lessor in writing. If the Lessor shall
consent to the assignments of this Lease or to a subletting of all or a part of the
premises, no further assignment or subletting shall be made without the written
consent of the Lessor first obtained. No surrender of the premises for the remainder
of the term hereof shall be valid unless accepted by the Lessor in writing.
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27. Lessee represents and warrants that there are no claims for broker's
commissions or finders' fees in connection with the execution of this Lease.
28. Lessee shall not stock, use or sell any article or undertake any activity in
the premises which may be prohibited by Lessor's insurance policies or which will
increase any insurance rates or premiums for which Lessor is responsible.
29. Should any mechanics' or other liens be filed against the premises or any
part thereof for any reason whatsoever by reason of Lessee's acts or omissions or
because of a claim against Lessee, Lessee shall cause the same to be cancelled and
discharged, of record, by bond or otherwise within twenty (20 days after the filing
of such lien.)
30. Lessee agrees to abide by the rules and regulations which are attached
hereto and made a part hereof by reference.
31. In the event the premises are not ready for occupancy by the Lessee upon
the commencement date hereof, for any reason whatsoever, including the fact that
the building in which the premises are located has not been completed or sufficiently
completed to make the premises ready for occupancy, the Lessor shall have no
liability to the Lessee by reason of the Lessor's inability to deliver possession. In
such event, the rent set forth herein shall abate until such time as the premises are
ready for occupancy and the commencement date of the term hereof shall be deemed
to commence upon such date, provided, however, that notwithstanding such
commencement date, this Lease shall expire on the termination date set forth on
Page 1 hereof.
32. In the event that is shall become necessary for Lessor to employ the
services of an attorney to enforce any of its rights under this Lease or to collect any
sums due to it under this Lease or to remedy the breach of any covenant of this
Lease on the part of the Lessee to be kept or performed, regardless of whether suit
be brought, Lessee shall pay to Lessor such fee as shall be charged by Lessor's
attorney for such services. Should suit be brought for the recovery of possession of
the Leased Premises or for rent or any other sum due Lessor under this Lease, or
because of the breach of any of Lessee's covenants under this Lease, Lessee shall
pay to Lessor all expenses of such suit and any appeal thereof, including a
reasonable attorney's fee.
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. Notice shall be deemed properly given hereunder when made in writing
and deposited in the United States certified or registered mails, with sufficient
postage prepaid thereon to carry it to its addressed destination; and the said notices
shall be addressed as follows:
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For the Lessor: 1674 Meridian Ltd.
1674 Meridian Avenue
Miami Beach, Florida 33139
With a copy to: Leo Rose, Jr., Esq.
Therrel Baisden & Meyer Weiss
1111 Lincoln Road
Suite #500
Miami Beach, Florida 33139
For the Lessee: City of Miami Beach
City Hall
1700 Convention Center Dr.
Miami Beach, Florida 33139
With a copy to: City Attorney
1700 Convention Center Dr.
Miami Beach, Florida 33139
or to such other address as shall from time to time be supplied in writing by any
party to the other.
35. Landlord agrees that Landlord will improve the premises prior to
occupancy by the Tenant by performing the work at Landlord's expense described
on Exhibit "B" attached hereto and made a part hereof by reference. In the event
Landlord completes Landlord's work prior to March 1, 1994 then Tenant will pay
additional rent for the days prior to March 1, 1994 then Tenant will pay additional
rent for the days prior to March 1, 1994 at a daily rate of ONE HUNDRED SEVEN
AND 89/100 ($107.89) DOLLARS. Such payment will be made on March 1, 1994.
36. As used herein, Lessee's "Proportionate Share" means a fraction the
numerator of which is the square footage of the premises and the denominator of
which is the square footage of all of the rentable area in the building of which the
premises is a part ("Building") including the square footage of the premises. Lessee
agrees that Lessee will pay its Proportionate Share of real estate taxes assessed
against the Building and its Proportionate Share of electricity consumed in the
Building. Lessee's Proportionate Share of real estate taxes will be paid upon
demand accompanied by a copy of the paid tax bill. Lessee's Proportionate Share
of electricity consumption will be paid monthly upon demand by Landlord.
37. Limitation of Liability
Lessee desires to enter into this Lease only if in so doing Lessee can place a
limit on the Lessee's liability for any cause of action for money damages due to an
alleged breach by the Lessee of this Lease, so that its liability for any such breach
never exceeds the sum of$10,000. Lessor hereby expresses its willingness to enter
into this Lease with Lessor's recovery from Lessee for any damage action for breach
of contract to be limited to a maximum amount of the amount of$10,000. .
Accordingly, and notwithstanding any other term or condition of this Lease,
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Lessor hereby agrees that the shall not be liable to the Lessor for damages in an
amount in excess of $10,000.00, for any action or claim for breach of contract
arising out of the performance or non-performance of any obligations imposed upon
the Lessee by this Lease. Nothing contained in this paragraph or elsewhere in this
Agreement is in any way intended to be a waiver of the limitation placed upon City's
liability as set forth in Florida Statutes, Section 768.28.
38. Arbitration
Any controversy or claim for money damages arising out of or relating to this
Lease, or the breach hereof, shall be settled by arbitration in accordance with the
Commercial Arbitration Rules of the American Arbitration Association, and the
arbitration award shall be final and binding upon the parties hereto and subject to
no appeal, and shall deal with the question of the costs of arbitration and all matter
related thereto. In that regard, the parties shall mutually select one arbitrator, but
to the extent the parties cannot agree upon the arbitrator, then the American
Arbitration Association shall appoint one. Judgement upon the award rendered may
be entered into any court having jurisdiction, or application may be made to such
court for an order of enforcement. Any controversy or claim other than a
controversy or claim for money damages arising out of or relating to this
Agreement, or the breach thereof, including any controversy or claim relating to the
right to specific performance shall be settled by litigation and not arbitration.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the
day and year stated above.
Signed, sealed and delivered
in the presence of:
LESSOR:
1674 MERIDIAN LTD.,
a Florida limited pa ership
By:
L SEE:
Attest: CITY OF MIAM EACH
City Clerk Mayor
FORM APPROVED
j LEGA D P . 8
Date l