713-2025 RDA . _-_.____-._ / .-_- I�f\
1
RESOWTION NO:� 713-2025 " ,
A RESOLUTION OF THE CHAIR AND BOARD OF DIRECTORS OF THE
MIAMI BEACH REDEVELOPMENT AGENCY (RDA), ACCEPTING THE
RECOMMENDATION OF THE CITY'S FINANCE AND ECONOMIC �
RESILIENCY COMMITTEE (FERC) AND APPROVING, IN SUBSTANTIAL
FORM, A LEASE AGREEMENT BETWEEN THE RDA (LANDLORD) AND
MIAMI-DADE COUNTY OFFICE OF THE TAX COLLECTOR (TENANT), FOR
USE OF APPROXIMATELY 3,955 SQUARE FEET OF GROUND FLOOR
RETAIL SPACE AT THE ANCHOR SHOPS AND GARAGE, LOCATED AT,100
16TH STREET, UNIT 1-5 (PREMISES), FOR A PERIOD OF NINE (9) YEARS
AND THREE HUNDRED AND SIXTY-FOUR (364) DAYS; FURTHER,
AUTHORIZING THE EXECUTIVE DIRECTOR TO FINALIZE THE LEASE
AGREEMENT; AND FURTHER, AUTHORIZING THE EXECUTIVE DIRECTOR
AND SECRETARY TO EXECUTE THE FINAL NEGOTIATED LEASE
AGREEMENT.
, WHEREAS, the Miami Beach Redevelopment Agency (the "RDA") is a public body
corporate and politic, which owns the facility commonly known as the "Anchor Shops and
Garage," containing a municipal parking garage and ground floor retail spaces ("Retail Space"),
bounded by Washington Avenue and Collins Avenue in the proximity of 16th Street(the"Facility");
and
WHEREAS, following the lease expiration of the previous Tenant(Mr. R Sports) in 2022,
the Retail Space located at 100 16th Street, Suite Nos. 1-5, Miami Beach, Florida 33139
("Premises") remained vacant, prompting the City, on behalf of the RDA, to begin marketing the
space for lease; and -
WHEREAS, a Market Rent Analysis from CBRE determined that the market rent for
comparable spaces is $54.00 per square foot on a triple net (NNN) basis; and
WHEREAS, after exploring various leasing options, the RDA commenced negotiations
with Miami-Dade County Office of the Tax Collector, which resulted in a Letter of Intent (LOI)
outlining the following essential terms for a new Lease Agreement("Lease"):
Landlord: Miami Beach Redevelopment Agency(RDA)
Tenant: Miami-Dade County Office of the Tax Collector .
Premises: Approximately 3,955 square feet located at 100 16 Street,
Unit 1-5, Miami Beach, FL 33139.
Term: Nine (9)years and three hundred and sixty-four(364) days.
Lease Commencement: Lease Commencement shall be upon mutual execution of
a Lease Agreement.
Rent Commencement: Rent Commencement Date shall be the earlier of: Tenant
opening for business with all required permits issued by
local authorities; or
(a) Three hundred sixty-five (365) days after Delivery Date,
subject to Landlords Delays.
Base Rental Rate: $54.00 per rentable square foot, triple net (NNN), plus
applicable sales tax.
Annual Rent Increases: Three percent(3%)annually, commencing January 1, 2027.
Rent Abatement: � Base Rent shall be abated ("Abatement") for the first ten
(10) months after Rent Commencement Date — subject to
Landlord's Dealy as defined herein.
NNN Charges: The Tenant shall be responsible to pay its proportionate
share of the actual expenses necessary to operate the
Premises, including but not limited to insurance, common
area maintenance, etc. For this Lease, the NNN charges for
Year one (1) of the Lease Term shall be $14.00 per square
foot plus applicable sales tax, subject to true-up at the end
of Year one (1) based upon Tenant's actual proportionate
share of operating expenses for Year one (1). However, the
controllable portion of building's operating expenses shall
not increase more than 5% in any calendar year during the
Lease Term.
Use: Tenant shall use the Premises as a Miami-Dade County Tax
Collector's office, serving as an agent for the Florida
Department of Highway Safety & Motor Vehicles. Services '
will include vehicle registration renewals, tax payments,
business tax processing, electronic title management,
specialty license plate issuance, and driver license
renewals, or as otherwise detailed and approved in writing
by the Landlord.
Delivery Conditions: The Premises shall be delivered in "As-Is" condition.
Tenant's Work: To be determined (TBD)
Signage: Subject to Landlord approval and compliance with City of
Miami Beach signage criteria.
Landlord Responsibilities: Landlord will keep in good condition and in good working
order, repair and replace�( as necessary) the following
portions of the Retail Space and Premises:
i. The structural components of the Retail Space,
including structural, party and load-bearing walls,
the roof, roof inembrane, foundation and columns
ii. Maintain, repair or replace all of the Retail Space's
common areas
iii. All fire alarms and sprinklers, where applicable due
to wear and tear, code requirements or annual
inspections. Tenant is responsible for alterations,
repairs, relocation of fixtures, etc. due to Tenant's
construction, redesign of the Premises, negligence
or other related causes imposed by Tenant.
Tenant Responsibilities: With the exception of base building, roof and foundation,
which are the obligation of the Landlord, Tenant is
responsible for maintaining and repairing (i) the portion of
any pipes, lines, ducts, wires, or conduits contained within
the Premises including, without limitation, interior plumbing
and electrical installation, (ii) windows, plate glass, doors,
any fixtures or appurtenances composed or glass
,_ � (including,without limitation, interior and exterior washing of
windows; (iii) Tenan's sign; (iv) electrical systems; and (v)
any heating or air conditioning equipment serving the
Premises ("HVAC"), which shall include, without limitation,
a preventive maintenance HVAC service contract no less
than monthly. '
Utility: Tenant shall pay for its own utility usage, beginning upon
Delivery Date.
Parking: The City of Miami Beach Parking Department will provide up
to forty (40) parking passes per month. Each parking pass
will be priced at$132.00 per month and subject to an annual
CPI adjustment.
Right To Early Occupancy: Upon Delivery Date, Tenant shall be permitted access to the
� Premises for the purposes of planning, permitting, and,
perForming tenant improvements at no charge prior to the
Rent Commencement Date for such purposes.
WHEREAS, the proposed Lease structure 'is expected to generate an estimated
$2,169,680.30 in ba`se rent and $562,509.71 in operating expenses over the Term, resulting in
approximately $2,732,190.00 in total revenue forthe City; and
WHEREAS, the Lease terms ensures long-term financial benefits for the RDA and
guarantees continued accessibility to critical public services for Miami Beach residents; and
WHEREAS, the Finance and Economic Resiliency Committee (FERC) reviewed this item
at its June 4, 2025 meeting and recommended approval of the Lease with Miami-Dade County
Office of the Tax Collector based on the terms and conditions outlined herein; and
WHEREAS, based on the competitive rental rate and favorable lease terms, the Executive
Director recommends accepting the recommendation of FERC, and approving, in substantial
form, the proposed Lease Agreement, a draft copy of which is attached to the RDA Memorandum
accompanying this Resolution as Exhibit "B"; authorizing the Executive Director to finalize the
Lease Agreement; and "authorizing the Executive Director and Secretary to execute the final
negotiated Lease Agreement.
N01iV, THEREFORE, BE IT DULY RESOLVED BY THE CHAIR AND BOARD OF
DIRECTORS OF THE MIAMI BEACH REDEVELOPMENT AGENCY, that the Chair and Board
of Directors of the Miami Beach Redevelopment Agency (RDA) hereby accept the
recommendation of the City's Finance and Economic Resiliency Committee and approve, in
substantial form, a Lease Agreement between the RDA(Landlord)and Miami-Dade County Office
of the Tax Collector (Tenant), for use of approximately 3,955 square feet of ground floor retail
space at the Anchor Shops and Garage, Iocated at 100 16th Street, Unit 1-5, for a period of nine
(9) years and three hundred sixty-four (364) days; further, authorize the Executive Director to
finalize the Lease Agreement; and further, authorize the Executive Director and Secretary to
execute the final negotiated Lease Agreement.
PASSED and ADOPTED this�day of ✓N ' 2025.
ATTEST:
.
/ �uL 3 t aa25
Rafael E. Granado, Secretary Steven Meiner, Chair
(Sponsored by Steven Meiner, Chair, and Alex J. Fernandez, Director; and Co-sponsored by
Kristen Rosen Gonzalez, Director; Laura Dominguez, Director; David Suarez, Director; Tanya K.
Bhatt, Director; and Joseph Magazine, Director)
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APPROVED AS TO
FORM & LANGUAGE
XECUTION
-�)�oJa�z�'
Redevelopment Agenc
' General Counsel�
Redevelopment Agency Items (RDA) 2
� �A l( Y 1 � ����1 1
COMMISSION MEMORANDUM
TO: Honorable Chair and Board of Directors
FROM: Eric Carpenter, Executive Director
DATE: July 23, 2025 , 1Q:01 a.m. Public Hearing
TITLE: A RESOLUTION OF THE CHAIR AND BOARD C�F DIRECTORS OF THE MIAMI
BEACH REDEVELOPMENT AGENCY (RDA), ACCEPTING THE
RECOMMENDATION OF THE CITY'S FINANCE AND ECONOMIC RESILIENCY
COMMITTEE (FERC) AND APPROVING, tN SUBSTANTIAL FORM, A LEASE
AGREEMENT BETWEEN THE RDA (LANDLC?RD} AND MIAMI-DADE COUNTY
OFFICE OF THE TAX COLLECTOR (TENANT), FOR USE OF APPROXIMATELY
3,955 SQUARE FEET OF GROUND FLOOR RETAIL SPACE AT THE ANCHOR
SHOPS AND GARAGE, LOCATED AT 1(�0 16TH STREET, UNIT 1-5 (PREMISES),
FOR A PERiOD OF NINE (9) YEARS AND THREE HUNDRED AND SIXTY-FOUR
(364) DAYS; FURTHER, AUTHORIZING THE EXECUTIVE DIRECTOR TO
FINALIZE THE LEASE AGREEMENT; AND FURTHER, AUTHORIZING THE �
EXECUTIVE DIRECTOR AND SECRETARY. TO EXECUTE THE FfNAL
NEGOTIATED LEASE AGREEMENT.
RECOMMENDATION
The Administration recommends the Chair and Board of Directors of the PVliami Beach
Redevelopment Agency accept the recommendation from the Finance and Economic Resiliency
Committee, approving a new Lease with the Pvliami-Dade County Tax Collector's Office.
BACKGROUPID/HISTORY ,
The Miami Beach Redevelopment Agency (the RDA (Landlord) is the owner of a facility �
containing a Municipa( parking garage ("Garage"}and certain retail spaces ("Retail Space")
bounded by Washington Avenue and Collins Avenue in the proximity of 16t'' Street(the
"Facility"), which includes approximately 3,955 square feet of ground floor retail space.
� Foliowing the lease exprration of the previous Tenant(Mr. R Sports) in 2022, the premises
remained vacant. The City, on behalf of the RDA, began marketing the space ior lease upon its
vacancy. The City also requested a Market Rent Analysis from CBRE for comparable spaces.
As per their analysis, the market rent for corr�parable space is$54.00 per square foot, on a triple
net(NNN) basis. �
Initially, the Landlord utilized CBRE's services to secure prospective tenants. However, after not
receiving any viable leads, the Landlord decided to market the space under its own program. In
2023, leasing efforts were halted, pending the final decision of the South Shore Community
Center, in the event these vacancies would be needed fo relocate Tenants to this property.
Recently, the Landlord started negotiations with Miami-Dade County Tax Collector's Office.
Attached hereto as Exhibit A is the Letter of intenf (LOI), containing the below basic terms and
conditions of the proposal for use of a portion of the Retail Space.
Landlord: Miami Beach Redevelopment Agency (RDA)
1654 of 1791
Tenant: Miami-Dade County Tax Collector's Office
Premises: Approximately 3,955 square feet located at '100 16 Street,
Unit 1-5, Miami Beach, FL 33139.
Term: Nine (9)years and three hundred and sixty-four (364} �
days.
Lease Commencement: Lease Commencement shall be upon mutual execution of
a Lease Agreement.
Rent Commencement: Rent Commencement Date shall be the earlier of:
(a) Tenant opening for business with all required permits
. , issued by local authorities; or
(b) Three hundred sixty-five (365)days after Delivery Date,
subject to Landlords Delays
Base Rental Rate: $54.00 per rentab(e square foot, tripfe net (NNN), pius
app(icabfe safes tax.
Annual Rent Increases: Three percent (3%) annual(y, commencing January 1,
, 2027. �
Rent Abatement: Base Rent shall be abated ("Abatemenf"}for the first ten
(10) months after Rent Commencement Date—subject to
Landlord's delays.
NNN Charges: The Tenant shall be responsible to pay its proportionate
share of the actual expenses necessary to operate the
Premises, including but not limited to insurance, common
area maintenance, etc. For this Lease, the NNN charges
for Year 1 of the Lease Term shall be $14.00 per square
foot plus applicable sales tax, subject to true-up at the end •
of Year 1 based upon Tenant's actual proportionate share
of operating expenses for Year 1. However, the
, controllable portion of building's operating expenses shall
not increase more than 5°/a in any calendar year during the
Lease Term. '
f
Use: Tenant shall use the Premises as a Miami-Dade County �
. Tax Collector's office, serving as an agent for the Florida
� Department of Highway Safety & Motor Vehicles. Services
1655 of 1791
will include vehicle registration renewals, tax payments,
business tax processing, electronic title management,
specialty license plate issuance, and driver license
renewals, or as otherwise detailed and approved in writing
by the Landlord. .
Delivery Conditions: The Premises shall be delivered in "As-Is" condition.
Tenant's Work: To be determined (TBD)
Signage: Subject to Landlord and City of Miami Beach signage
criteria.
Right to Assign or Sublease: To be further addressed in the Lease and with Landlord's
written consent.
Landlord Responsibilities: Landlord will keep in good condition and in good working
order, repair and replace ( as necessary)the following
portions of the Retail Space and Premises:
i. The structural components of the Retail Space,
including structural, party and load-bearing walls,
the roof, roof inembrane, foundation and columns
ii. Maintain, repair or replace all of the Retail Space's
common areas
iii. All fire alarms and sprinklers, where applicable due
to wear and tear, code requirements or annual
inspections. Tenant is responsible for alterations,
repairs, relocation of fixtures, etc. due to Tenant's
construction, redesign of the premises, negligence
or other related causes imposed by Tenant
Tenant Responsibilities: With the exception of base building, roof and foundation,
which are the obligation of the Landlord, Tenant is
responsible for maintaining and repairing (i)the portion of
any pipes, lines, ducts, wires, or conduits contained within
the Premises including, without limitation, interior plumbing
and electrical installation, (ii)windows, plate glass, doors,
any fixtures or appurtenances composed or glass
(including, without limitation, interior and exterior washing
of windows; (iii)Tenan's sign; (iv) electrical systems; and
(v) any heating or air conditioning equipment serving the
Premises ("HVAC"), which shall include, without limitation,
a preventive maintenance HVAC service contract no less
than monthly.
1656 of 1791
Quiet Enjoyment: Tenant shall have peaceful possession of the Premises
provided all lease obligations are met.
Utility: Tenant shall pay for its own utility usage, beginning upon
Delivery Date.
Parking: The City of Miami Beach Parking Department will provide
up to forty (40} parking passes per month. Each parking
pass will be priced at$132.00 per month and subject to an
annual CPI adjustment.
Right To Early Occupancy: Upon Delivery Date, Tenant shall �,e permitted access to
the Premises for the purposes of planning, permitting, and
perForming tenant improvements. Tenant shall comply with
all the terms and conditions of the Lease; however, Tenant
shall have access to the Premises at no charge prior to the
Rent Commencemenf Date for such purposes.
As contained in said Letter of Intent, the Base Rental Rate is $54.00 per square foot, with three
percent (3%) annual increases. The Operating Expenses for the Anchor Shops building are
estimated at $14.00 per square foot for 2025. The schedule of Base Rent and Operating
Expenses due over the initial term are illustrated in the following chart:
Square Feeh 3,955
Base Rent: S 5�.00
Annual Inuease: 3�i6
PSF Monthty Annual Totat
PSF Monthly Mnual Operating Operat(ng Operating Base Rent
1Jg,as Base e e Rent Base Rent Expenses �enses Exaenses 6 Onex
1 $ 51.00 S 17,797.50 S 213,570.00 S 14.00 S d,614.17 S 55,370,00 S 266.940.a0
2 S 55.62 S 18,331.43 $ 219,977.10 3 1d.42 S d.752.59 $ 57,031.10 S 2TI.Q08.20
3 $ 57.29 3 18,8$1.37 $ 225,576.d1 $ 1A.85 S 4,895.17 S 58.7d2.03 S 285,318.A5
4 S 59.01 S 19,447_81 3 233.373.71 S 15.30 S S.US2.42 $ fiU.50A.29 $ 293,g7&.QQ
5 $ 60.78 S 20.031.24 S 240,374.92 S 15.76 S 5,193.29 S 62,319.42 S 302,694.3!
6 $ 62.60 S 20,632.28 $ 247,5$6.I6 $ I6.23 S 5,349.08 S 64.189.01 $ 311,775.17
7 $ 64.48 $ 21,251.15 S 255,013.75 $ 16.72 S 5,509.56 $ 65.114.68 S 321,128,A2
s S ss.ai S 2i,sss.6a g zs2.ssa.is S i�.22 S s,s�a.sa S 68,o9a.i2 S �o,�s2.2s
9 $ 68.41 S 22,545.34 $ 270,544.09 $ 17.73 $ 5,845.09 S 70,id1.06 S 340,685,15
$2,169,680.30 S562,509.71 3 2,732,190.00
ANALYSIS
1657 of 1791
�
The proposed lease includes a base renta! rate of$54.00 per square foot, totaling approximately
$213,570.00 annually in Year 1, with an annual increase of 3%. In addition, the estimated
Operating Expenses are $14.00 per square foot, or approximately $55,370.00 annually, subject
to increases based on market rates.
Over the nine-year lease term, the proposed rent structure is expected to generate an esfimated
$2,169,680.30 in base rent and $562,509.71 in operating expenses, for a tofal of approximately
$2,732,190.00 in revenue for the City. Rent commencement wiif occur on tlie earlier of Tenant
opening for business with all required permits issued by local authorities; or three hundred sixty-
five (365} days after Delivery Date, subject to Landlords Delays. Additionally, the Tenant will
receive a ten (10) month rent abatement period, allowing sufficient time for securing permits and
completing the build-out of the space.
F(SCAL IMPACT STATEMENT
N/A
Does this Ordinance require a Business Impact Estimate?
(FOR ORDlNANCES ONLY)
If applicable, the Business Impact Estimate (81Ej was published on:
See BIE�at: https://www.miamibeachfLqov/city-halUcitv-cterk/meetinq-notices/
FINANCIAL INFORMATION
CONCLUSION
The Administration recommends that the Chair and Board of Directors of the Miami Beach
Redevelopment Agency (RDA) hereby accept the recommendation of the City's Finance and
Economic Resiliency Committee and approve, in substantial form, a Lease Agreement between
� the RDA (Landlord) and Miami-Dade County Office of the Tax Collector (Tenant), for use of
approximately 3,955 square feet of ground floor retail space at the Anchor Shops and Garage,
located at 100 16th Street, Unit 1-5, for a period of nine (9) years and three hundred sixty-four
{364)days;further, authorize the Executive Director to finalize the Lease Agreement; and further,
authorize the Executive Director and Secretary to execute the final negotiated Lease Agreement.
Applicable Area
South Beach
Is this a "Residents Riqht to Know" item, Is this item related to a G.O. Bond
pursuant to Citv Code Section 2-17? Proiect?
No No
Was this Aqenda Item initiallv requested bv a lobbvist which, as defined in Code Sec. 2-481,
includes a principal enQaqed in lobbvinp? No
1658 of 1791
If so, specify the name of lobbyist(s)and principal(s):
Department
Facilities and Fleet Management
Sponsor(s)
Commissioner Afex Fernandez
Co-sponsor(s)
Condensed Title
10:01 a.m. PH, New Lease with Miami-Dade County Tax Collector's O�ce. (Fernandez) FF
Previous Action (For Citv Clerk Use OnfY1
1659 of 1791
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City of Mlami Beach,1700 Convention Center Drive,t�1iami 8each,F133139,www.miamibeachft.gov
FACILI7IES AND FLEET MANAGEMENT DEPARTMENT
Assat ManagemanC Division TeL•305-673-7193 �
May 8, 2025
VIA EMAlL:
Mr.Andrew Lopez
Assistant Tax Coilector
Office of the Tax Collector
200 NW 2nd Ave
Miami, FL 33128
Re: Proposal to Lease ("LOI") Premises Located At 10016 St., Units 1-5 Miami BeacF�,
FI 33139 ("Premises"), located within the Anchor Shops and Garage ground floor retail
space ("Retail Space"�.
Dear Mr. Lopez:
The Miami Beach Redevelopment Agency (RDA) ("Landford") is pleased fo submif fhis Letter of
Intent to the Miami-Dade County Tax Collector's Office ("Tenanf") regarding a proposed lease
agreement at the property referenced below. This Proposal outlines the key terms under which
the Tenant would lease space from the Landlord, contingent upon Landlord and Tenant executing
a Lease Agreement ("Lease"} within six (6) months from the date of this LOI.
BUILDtNG NAME AND ADDRESS: Anchor Shops and Garage at 100 16 St. Units 1-5 Miami
Beach, FL 33139 ("Building")
TENAN7: Miami-Dade County Tax Collector's Office
USE: Tenant shall use the Premises as a Miami-Dade County Tax
Collector's office, serving as an agenf for the Florida
Department of Highway Safety & Motor Vehicles. Services ,
wil( include vehicie registration renewals, tax payments,
business tax processing, electronic title management,
specialty license plate issuance, and driver license
' renewals, or as otherwise detailed and approved in writing '
by the Landlord.
EXCLU5IVE USE: No other retailers with similar and related products or
services to the Approved Use wil( lease or subfease space
in fhe Building. To be further addressed in the Lease
document.
PREMISES: 3,955 rentable square feet located in the above-referenced
Retail Space ("Premises"). The exact', rentable square
footage may be subject to TenanYs review of the Building's
Wa ara commrtted to providingexcetlent pub(ic and salery ro al(who ftve,work and play�n our vlbrent tropica(historic community
1660 of 1791
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Clry ot Mtami Beach,1700 Convention Center Drive,Miami Beach,FL 33139,www.miamibeachfl.gov
FACILITIES AND FLEET MANAGEMENT DEPARTMENT
Asset Management Division Tel:305-673-7193
site plan(s), prepared and certified by a licensed architect
(retained by Tenant).
LEASE TERM: Nine (9) years and Three Hundred and Sixty-Four Days.
(364)
RENEWAL: No Renewal.
LEASE CaMMENCEMENT DATE: Lease Commencement shail be upon mutual execution af a
Lease document.
DELIVERY DATE: TBD
DELIVERY CONDITIONS
ON DELIVERY DATE: The Premises shall be delivered to Tenant on Delivery Date
in As-Is condition.
RENT COMMENCEMENT DATE: Rent Commencement Date shall be the earlier of:
(a) Tenant opening for business with all required permits
issued by local autho�ities; or
(b) Three hundred sixty-five (365) days after Delivery Date,
subjecf to Landlords Delays
RIGHT TO EARLY OCCIIPANCY: Upon Delivery Date,Tenant shall be permitted access to the
Premises for the purposes of planning, permitting, and
performing tenant improvements. Tenant shall comply with
all the terms and conditions of the Lease; however, Tenant
shall have access to the Premises at no charge prior to the
Rent Commencement Date for such purposes. �
BASE RENT (NNN): - $54.00 per rentable square foot per year, triple net(NNN).
NNN CHARGES: The Tenant shall be responsible to pay its proportionate
share of the actual expenses necessary to operate the
Premises, including but not limited to, insurance, common
area maintenance, etc. For this Lease,the NNN charges for
Year 1 of the Lease Terms shall be $14.00 per square foot
plus applicable sales tax, subject to true-up at the end of
Year 1 based upon Tenant's actual proportionate share of
operating expenses for Year 1. However, the controllable
We are commltted[o provldingexce([en[pub(ic and safety to afl who five,work and p(ayrn our vibranf troplcal hlstoric community
1661 of 1791
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City of Mlami Beach,1700 Gonvention Center Drive,Miami Bench,FL 33139,vrnrw.miemibeachil.�ov
FACILITfES AND FLEET MANAGEMENT DEPARTMENT
Asset Management Division Tel;305-673-7193 �
portion of building's operating expenses shall not increase
more than 5% in any calendar year during the Lease Term.
BASE RENT INCREAS�: The Base Rent shall be increased annually by three percent
(3.0%) per year commencing with January 1, 2027.
RENT ABATEMENT: Base Rent shall be abated("Abatement")for the first ten(10)
months after Rent Commencement Date - subject to
Landlord's Delay as defined herein.
TENANT IMPROVEMENT
ALLOWANCE:
UT(LITIES: Tenant shall pay for its own utility usage, beginning upon
Delivery Date.
TENANT'S WORK: TBq
- SECURITY DEPOSIT: N/A
PARKING: The City of Miami Beach Parking Department will provide up
to forty (40) parking passes per month. Each parking pass
will be priced at$132.00 per month and subject to an annual
CPI adjustment.
SIGNAGE: Tenant signage to follow the Landlord end City of Miami
Beach signage criteria.
RIGHT T�ASSIGN THE LEASE
OR SUBLEASE THE PREMISES: To be further addressed in the Lease arid ALWAYS wifh
Landlord's written consent.
QUIET ENJOYMENT: Provided thatTenant performs all of its obligations underthe
Lease, Tenant shall have the right to peaceably enjoy the
Premises during the Term of the Lease, subject to all of the
terms and conditions contained in the Lease.
RESTORATI�N: To be addressed further in the Lease.
OTHER LANDLORD
RESPONSIBILITIES: Landlord will keep in good condition and in good working
order, repair and replace (as necessary) the following
portions of the Retail Space and Premises:
� i. The structural components of the Retail Space,
including structural, party and load-bearing walls,
the roof, roof inembrane, foundation and columns.
We are commit[ed to providingexcef(en[public end safety to atf who five,woik and play ln ou�vi6rent tropfcal historic community
1662 of 1791
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City of Miami Beach,1700 Conven[ion Center Drive,Miami Beach,FL 33139,www.miemibeachfl.gov
FACILITIES AND FLEET MANAGEMENT DEPARTMENT
Asset Management Division Tel:305-673-7193
ii. Maintain, repair or replace all of the Retail Space's
common areas;
iii. All fire alarms and sprinklers, where applicable due
� to wear and tear, code requirements or annual
inspections. Tenant is responsible for alterations1
repairs relocation of fixtures, etc. due to Tenant's
construction redesiqn of the premises, neql(qence
or other related causes imposed bv Tenant.
TENANT MAINTENANCE
RESPONSIBILITIES: With the exception of base building, roof and foundation,
which are the obligation of the Landlord, Tenant is
responsible for maintaining and repairing (i) the portion of
any pipes, lines, ducts, wires, or conduits contained within
the Premises including, without limitation, interior plumbing
and electrical installations, (ii) windows, plate glass, doors,
and any fixtures or appurtenances composed of glass
(including, without limitation, interior and exterior washing of
windows; (iii� Tenant's sign; (iv) electrica! systems; and (v)
any heating or air conditioning equipment serving the
. Premises ("HVAC"), which shall include,without limitation, a
preventive maintenance HVAC service contract no less than
monthly).
BROKERAGE: N/A
,
It is to he strictly understood and agreed to by all parties involved that all the terms and
conditions of this Proposal are only an outline of major contemplated Lease provisions
and that these terms and conditions do not constitute a legally binding agreement between
the parties to enter a new Lease agreement or renew an existing Lease. Neither the Tenant
nor the Landlord shall have any contractual obligation resulting from sending or receiving
this Proposal, nor shall either party incur in any obligation or liability untit a Lease and all
related documents have been approved by the Mayor and City Commission of the City of
Miami Beach and fufly executed and property exchanged by/between all parties. !n the
event a Lease document cannat be agreed upon and/or executed by all parties, or the
parties do not approve the transaction hereto, regardless of the reason, then neither party
shall have any liability hereunder nor shall have any obligation to continue discussions or
negotiations for such Lease, notwithstanding that either or both parties may expend
substantial efforts and sums in anticipation of entering a Lease ohligation in a document.
We are committed to providing excellent pubtic and salety to al!who(lve,work and playln our vibrant tropical historic community
1663 of 1791
! :�� � �!��.�r� � �� ��. �� ��� ��;�
�Y �b � �
Clty of Miami Beach,�700 Convention Center Drive,Miami Beach,FL 33139,ww�v.miamibeachfl.gov
, FACILITIES AND FLEET MANAGEMENT DEPARTMENT
� Asset Management Division Tel:305-673-7193
In any real estate transaction, it is recommended that Tenant consults with a qualified
professional, such as an attorney, an architect, planner, civil engineer, industrial hygienist
or any other with qualifications and experience in evaluating the viability of Tenant's
intended .use of the Premises in the Building, as well as the measurements and physical
condition of the premises - including the possible presence of any`hazardous material
such as radon gas, asbestos, etc. �
�n behalf of MIAMI BEACH RED�VELOPMENT AGENCY (RDA), we look forward to a favorable
response to this NON-BINDING LETTER �F INTENT (LOI). Should you have any questions or
require additional information, please feel free to contact me at my office
Since el
Ozzie minguez
Director of Asset Management
,
City of Miami Beach
Agreed and Accepted
Tenanf:
Daci ernandez, Tax Collector
Miami-Dade County O�ce of the Tax Collector
May 9'h, 2025
We are commi[ted to provlding exceltent pu611c and safety to al(who(lve,work andplayin our vibrant tropical historic community
1664 of 1791
LANDLORD: Miami Beach Redevelopment Agency, a public body
corporate and politic .
1700 Convention Center Drive
Miami Beach. Florida 33139
t
TENANT: Miami-Dade County Tax Collector's Office
DATE OF EXECUTiON:
; � • . , . . _ �,
_ . - � - --- � . .
~� , .': ANCHOR SHOPS AT SOUTH BEACH RETAIL;LEASE �
e 1.. - ' . ' F'.
I l •
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�. .. ` � f�.. � i �
.... �'i . . _ .� ;' .^` _,�
, - ` ' � � ( „ .. �
.. .. � � � : � .
1
1665 of 1791
LEASE SUMMARY
The following is a summary of basic lease provisions with respect to fhe Lease. It is an
integral part of the Lease, and terms defined, or dollar amounts specified in this Summary shall
have the meanings or amounts as stated, unless expanded upon in the text of the Lease and Its
Exhibits, which are attached to and made a part of this Summary.
1. Date of Lease Execution:
2. Landlord: Miami Beach Redevelopment Agency
3. �.andlord's Address: Miami Beach Redevelopment Agency
1700 Convention Center Drive
Miami Beach, Florida 33139
- � � . � Attention: Asset Management_Division
_ with a copy to:City of Miami Beach
� ' Miami Beach�Redevelopment Agency
� `,. , � 1700 Convention Center Drive
"� , Miami Beach; Florida 33139
' : ; : Attention: Legal Department � ,
4.'. Tenant Name: � � � Miami-Dade County Tax Collector's Office
5.. Tenant's Address: � ,
6. Guarantor: �
7. Guarantor's Address:
�
8. Premises (section 1.1): 100 16th Street. Suite 1 -5
Miami Beach, FL. 33139
As shown in Exhibit "A" �
9. Gross Rentable Area of Approximately 3,955 square feet.
Interior Premises (section 1.1):
10. Gross Rentable Area of Approximately 20,500 rentable square feet
Retail Space (section 1.1):
11. Tenanf's Proportionate 19.292% of Gross Rentable Area of Retaif
Share (section 2.4}: Space
2
1666 of 1791
12. Permitted Use of Premises shall be used as a Miami-Dade
County
Tax Collector's office, serving as an agent for
the Florida Department of Highway Safety & ,
Motor Vehicles. Services will include vehicle
registration renewals, tax payments,
business tax processing, electronic title
management, specialty license plate
issuance, and driver iicense renewals, or as
otherwise detai(ed and approved in writing by
the Landlord.
13. Term of Lease: Lease Term is Nine (9) years and Three
, .. ; Hundred and Sixty-Four Days (364)from the
� ' °Cvmmencement Date. . .
;. . . ! ��� � , . . - .. _.. -
. - � "Gommencement Date": The date
- � , Landlord and Tenant execute the Lease.
; ,
� �
�� � , "Rent Comme�cement Date": Rent
� , . . � Commencement shall be the earlier of:
-� . � � Tenant opening for business .with all
� : �� �required permits issued by local authorities;
� , or Three hundred sixty-five (365) days after
- . ' a Delivery Date,.subject to Landlord Delays.
._ - . :. ' . "Rent Abatement Period": Base Rent shall
be abated ("Abatement") for the ten (10)
months after Rent Commencement Date -
subject to Landlord's Delay as defined
herein.
14. Minimum Rent(section 2.2):
MONTHS COST PER SQUARE ANNUAU MONTHLY
FOOT PAYMENT
Year 1-Rent Commencement $54 per square foot $213,570.00/$17,797.50
Year 2-End of Lease Term See Note (") See Note (")
�
3
1667 of 1791
' Note (") Commencing on January 1, 2027, and at the beginning of each succeeding Lease Year
(as defined in section 2.1} thereafter during the Term of the Lease, the Minimum Rent shall be
increased annually in increments of three percent (3%)".
15. Percentage Rental Six Percent (6%) of Natural Breakpoint (as
Rental (section 2.3): described in section 2.3)
16. Prepaid Rent(section 2.2): $17,797.50 plus sa�es tax due upon
execution of Lease; to be applied to first full
month Rent due.
:1,7:Operating Expenses ' : . : -Proportionate share ofProperty.Taxes, •�
`(section�2.4): ' ' r" Common Area Maintenance , and �
, � . '„ fnsurance on the Anchor Shops and
;���� � ��� � � � � P.,arking Garage�: � �,
� � �� � , � �.
' LEASE YEAR`' ;, C.OMMON AREA MAWTENANCE �. AN�IUAL/MONTHLY
. �_ ' � ,- (CAM) COST PER SQUARE FOOT� � . �- �PAYMENT�,,'
, - _ ,� �-, -,
, ., , - , � � � � �. •
. .. - � .
Year.9-Rent Commencement '; $14.00;`per square foot ,� $55,370.00/$4,61.4.17
Date-f � ' `pfus sales tax plus sales tax
Year 2-End of Lease See Note (*) See Note ('�}
Note(*) Beginning on the first anniversary of the Rent Commencement Date, and at the beginning
of each succeeding Calendar Year (as defined herein)thereafter, during the Term, the Operating
Expense payment shall be adjusted, on an annual basis for the period from January 1st through
December 31 st (each a °Calendar Year"), to reflect Tenant's actual Proportionate share of
Properry Taxes, Insurance costs (including insurance costs, determined at Landlord's sole
discretion, under Landlord's self-insurance fund), and CAM costs incurred by the Landlord during
the previous Lease Year("Operating Expense Adjustment"). Simultaneously with this adjustment.
Tenant shall be responsibie for paying any difference between the Proportionate Share of the
estimated Operating Expenses paid by Tenant during the previous Calendar Year and the
Proportionate Share owed by Tenant in connection with the actual Operating Expenses for the
previous Calendar Year("Operating Expense True-Up").
The Operating Expense payment shall continue to be payable in monthly installments as
otherwise described above until Landlord notifies Tenant of the new monthly Operating Expense
payment and Operating Expense True-Up payment. Landlord shall aitempt to so notify 7enant
prior to the commencement date or within 30 days of being requested by Tenant of each Operating
4
1668 of 1791
Expense Adjustment and Operating Expense True-Up amount: however, failure of Landlord to.
timely notify Tenant of said Operating Expense Adjustment/True-Up amounts shall not be deemed
a waiver by Landlord of the right to co!lect said Ope�ating Expense Adjustment/True-Up; the new
Operating Expense Adjustment or any sums due pursuant to tiie Operating Expense True-Up for
the previous Calendar Year shaN be payable, retroactive to the effective date of said adjustment
date, upon notification by Landlord to Tenant of the new monthly Operating Expense payment
amount and the total Operating Expense True-Up amount due.
18. Comprehensive General $1,000,000.00 per occurrence. '
Liability Insurance (section 6.1); $2,000,000.00 generaf.aggregate
19. Trade Name (section 3.1):
' r. - - --
;�20. TenanYs�Ho.urs of�Operation.;..�;., �. -.,The Hours of�Operation Shall be d:aily
� �:� (section�3.5): _ _ � .� 1 Oam— 9pm subject to City ordinances
% . . , � .' Any..change in .the hours of operations
� : -�� , shalf require the prior written approval of
_ the�Ezecutive Direcfor or designee. ''
. . - . -
� ;;2.1. Public Beneft ' - '�: . , _
� - � � , � � . ' , ..
� �. . ., -:;
. ;
� , .. .. . . . _ -. . _ ...
5
' 1669 of 1791
1
LEASE AGREEMENT
THIS LEASE (the "Lease")dated the day of 2025, is made
between the Miami Beach Redevelopment Agency, a public body corporate and politic (the
"Landlord"), and the Miami-Dade County Tax Collector's Office (the "Tenant").
RECITALS:
A. The Landlord is the fee simple owner of a certain.facility (the "Facility") containing
a municipal parking garage and app�rtenances containing approximately eight hundred (800)
parking spaces (the "Garage") and eertain retail space (the "Retai! Space") located in an area
bounded by Washington and Collins Avenues in tfie proximity of 16th Street, located in the City
of Miami ,Beach, Miami-Dade County, Florida, as, more particularly. described; in Exhibit, "A,"
,, ,- , � .:: � . . : , , . ,...
attached hereto,and made a part'heceof(the "Land"):.The Landlord is tfie:fee simple,owner of ttie
Lantl and fhe Faciliry. } - � . ' - �
�>- i .
�� B. Landlord and Tenant desire to enter into this Lease for a portion of ifF�e Retail
Space, on the terms and .conditions=hereinafter,,set forth�:
" j - I_
�: C. The'Executive Direcfor's designee shall.�e the confr"acf manager designated by
the Landlord to administer_this Lease,.The Executive Director's designee shall�be fhe City:of Miami
Beacli Director of the Asset�'Divis'ion of,the Facilities and'Fleet Management Department:_
� , : -
` _',{ NOW, THEREFORE, in consideration of the mufual covenants contained herein and other
goad'and vaivable consideration, the ceceipt and su�ciency of wFiich are hereby acknowledged,
Land[ord and:Tenant hereby agree a's,"follows' -
ARTICLE 1. TERM.
1.1 Term. In consideration of the performance by Tenant of its obligations under this
Lease, Landlord leases to Tenanf, and Tenant leases from Landlord. for the Term, a portion of the
Retail Space("Premises").A site plan showing the location of the Retail Space within the Facility,
as well as the location of the Premises, is attached hereto and made a part hereof as Exhibit
"B." The gross rentable area of the Premises and Retail SPace shown on the Lease Summary
do not represent accurate measurements of the square footage contained in the Premises or the
Retail Space but are mere estimates. The Premises does not extend beyond the interior footprint
of the Premises.
The "Term" of the Lease is the period from the Commencement Date as specified In the
Lease Summary, through the Expiration Date, as specified in the Lease Summary.
1.2. Landlord's Work. Tenant acknowfedges and agrees that it is accepting possession
of the Premises AS-IS condition and that, except as otherwise expressfy hereinafter set forth,
' 6
�
1670 of 1791
Landlord has no obligation to furnish, render, or supply any money, work, labor, material, fixtures,
equipment, or decoration with respect to the Premises. '
ARTICLE II. RENT.
2.1 Covenant to Pay. Tenant shall pay to Landlord all sums due hereunder from time
to time from the Rent Commencement Date without prior demand, together with all applicable
Florida sales lax thereon; however, unless otherwise provided in this Lease, payments other than
Tenant's regular monthly payments of Minimum Rent shall be payable by Tenant to Landlord
within ten (10) days following written demand. All rent or other charges that are required to be
paid by Tenant to Landlord shall be payable at Landlord's address indicated on the Lease
Summary, Minimum Rent and Additional Rent (which is all sums payable to Landlord other than
Minimum Rent)for any"Lease Year" consisting of less than twelve (12) months shall be prorated
on a per diem basis, based upon a period of 365 days. "Lease Year" means the twelve (12) full
calendar months commencing on the Rent Commencement Date. However, the final Lease Year
may contain less than twelve (12) months due to expiration or sooner termination of the Term:
Tenant agrees that its covenant to pay rent and all other.sums under this Lease is an iridependent
� covenant and that all such amounts are pay'able�without counterclaim, set-off, deduction,
abatement, or reduction whatsoever, except as expressly provided for in this Lease. '
` r� � � � � � , �
; - 2.2 ,Minimum Rent: Subject to any escalation which may_be provided for in this
Lease, Tenant sh�all�pay Minimum Rent for the Term iri�tlie initial:amount specified in the Lease
Summary, which, except��for the frst,installment, shall be payable.throughout the Term in equal
monthly installments in advance on the first day of each calendar month of each year of the Term,
such monthly installments to be in the amounts (subject to escalation) specified in the Lease
Summary.The�first monthly installment of Minimum Rent shall be due;upon execution of the Lease
by Landlord and Tenant,`to be applied on the Rent Commencement Date in accordance with
paragraph 16 of the Lease Summary. The Minimum Rent described above shall be "adjusted
during the Term of this Lease as provided in paragraph 14 of the Lease Summary.
2.3 Operating .Expenses (Property Taxes; Insurance; and Common Area
Maintenance (CAM)). Tenant shall remit together with regular monthly payments of Minimum
Rent, as Additional Rent, its proportionate share of estimated Operating Expenses for the
Premises, as determined by Landlord, in its sole discretion and judgment, including Property
Taxes, Insurance, and Common Area Maintenance costs ("CAM"). Controllable Operating
Expenses are defined as CAM maintenance and repair expenses.
2.4 Payment of Personal Property Taxes; Sales Tax Reports. Tenant shall pay,
when due, all taxes attributable to the personal property, trade fixtures, business, occupancy. or
sales or Tenant or any other occupant of the Premises and to the use of the Premises by Tenant
or such other occupant. Tenant shall provide Landlord with copies of Tenant's Sales and Use Tax
Return "Form DR-15CS or DR-15EZ" filed with the Florida Department of Revenue reporting
Gross Receipts made from the Premises during the preceding calendar month.
2.5 Rent Past Due. If any payment due from Tenant shall be overdue more than five
(5) business days, a late charge of five (5%) percent of the delinquent sum may be charged by
7
1671 of 1791
Landlord. !f any payment due from Tenant shall remain overdue for more than fifteen (15) days,
an additional late charge in an amount equal to the lesser of the highest rate permitted by law or
one and one-half(1%) percent per month (eighteen (18%) percent per annum) of the delinquent
amount may be charged by Landlord, such charge to be computed for the entire period for which
the amount is overdue and which shall be in addition to and not in lieu of the five (5%) percent
late charge or any other remedy available for Landlord.
2.6 Landlord's lien. To secure the timely construction and installation of all
improvements to the Premises by Tenant, if applicable, and to secure the payment of all rent and
other sums of money due and to become due hereunder and the faithful performance of this
Lease by Tenant, Tenant hereby gives to Landlord an express first and prior contract lien and
security interest on all property now or hereafter acquired (including fixtures, equipment, chattels,
and merchandise) which may be placed in the Premises and also upon all proceeds of any
insurance which may accrue to Tenant by reason of destruction of or damage to any such
property. Such properry shal! not be removed therefrom without the written consent of Landlord
until al{ arrea�ages in rental and other sums of money then due to Landlord hereunder shall first
have beeri Paid;_provided,Tenant may operate its business in the ordinary course and the removal
of inerchandise from the Premises by customers of Tenant shall not be a default under this
section.All exemption laws are hereby'waived in favor of said lien and security interest. This lien
and security interest is given in addition to landlord's statutory lien and shall be cumulative thereto.
Landlord shaii, in�.addition to all of its rights hereunder,'also have all of the�ights and remedies of
a secured party :under the Uniform Commercial Code as adopted in the State in which the
Premises is located. To1 the exfenf permitted by law; tfiis Lease� shall constitute a security
agreement under Artic(e 9 of tf�e Fioricfa Uniform Commerciaf Code:
2.7 Inspection and Audit. . : �. � . �
(A) .. Tenant shall maintain�its�financial records pertaining to its operations pursuant to
this Lease, and records with respect to the Percentage Rent required pursuant to section 2.3
during the Term, and for a period of three (3) years following the expiration or termination of the
Lease. Such records shall be open and available to the Landlord, as deemed necessary by the
Executive Director or the Executive Director's designee, upon ten (10) business days' written
notice that the landlord desires to review said records. Tenant shall maintain accurate receipt-
printing cash registers or a like alternative which will record and show the payment for every safe
made or service provided. Tenant shall also maintain such other records as would be required by
an independent CPA in order to audit a statement of annual Gross Receipts and profit and loss
statement pursuant to generally accepted accounting principles. Tenant shall maintain its records
relating to the operation of the Premises within Miami-Dade County. Florida.
(B) The Executive Director or Executive Director's designee shalf be entitled to audit
Tenant's records pertaining to its operations during the Term as often as it deems reasonably
necessary throughout the Term of this Lease, and within the three (3) year period folfowing the
expiration or termination of the Lease. Landlord shall be responsible for paying all costs
associated with such audits, unless the audit(s) reveals a deficiency of five percent (5%) or more
in Tenant's statement of Gross Receipts for any Lease Year audited, in which case the Tenant
shall pay Landlord. within thirty (30) days of the audit being deemed final (as specified below),
8
1672 of 1791
the cost of the audit and a sum equal to the amount of the deficiency revealed by the audit, plus,
interest as required pursuant to section 2.6. These audits are in addition to periodic audits by the
City of Resort Tax collections and payments, which are perfor►ned separately. Nothing contained
within this section shall preclude the City's audit rights for Resort Tax collection purposes.
(C) Tenant shall submit, at the end of each Lease Year during the Term, an annual
statement of Gross Receipts, in a form consistent with generally accept�d accounting principles.
Additionally, such statement shall be accompanied by a report from an independent CPA.
ARTIC�E III. USE O� PREMlSES.
3.1 Permitted Use, The premises shall be used as a Miami-Dade County Tax
Collector's office, serving as an agent for the Florida Department of Highway Safety 8� Motor
Vehicles, as specified in the Lease Sumrriary, subject to Tenant securing the approval of Landlord
and-any applicable regulatory approvals (and subject to the Prohibited Uses described in Exhibit
"F" to the Lease). The primary�use of the Premises shall be for the operation of a Miami-Dade
County Tax Collector's office. The�business of Tenant in the Premises shall be carried.on under
the.'name specified�in the Lease Summary and under no other name unless approved by Landlord
in uvriting. Tenant shal! carry on its business within the Premises in a reputable manne��and shall
not:do, omit, permit; or suffer anything to be done or exist��upon the.Pcemises anything which shall
result�.in a nuisance, hazard, or bring about:a `breach.of any provision of this Lease�or any
applic`able municipal ar other governmental law or regulation. Tenant shall observe all rules and
regulations established by L'andlord for the Refail Spaee. Tlie rules and regulations in effect as of
the date hereof are.attached;to and made a part'of this Lease as Exhibit"C."Landlord will�provide
a copy of any amendments to the rules and regulations at lea"st seven,:(7)days prior to the effective
date af any such amendments. Tenant shal!disptay such name as�Landlord may from time to time
designate for the Retaii Space in its stationery used upon the Premises, and in material, which is
given, visibie, or availabie to customers of Tenant. Tenant shall promote such name in any
advertisements or promotional material pubiished or initiated by Tenant in regard to its business
from the Premises. The names for the Retail Space and the project of which the Retail Space is
a part,which Landlord may from time to time adopt, and every name or mark adopfed by Landlord
in connection with the Retail Space shall be used by Tenant oniy in association with the business
carried on in the Premises during the Term and TenanYs use ftiereof shalt be subjecf to such
� reasonable regulation as Landlord may from time to time impose.
3.2 Compliance with Laws. The Premises shall be used and occupied in a safe,
careful, and proper manner so as not to contravene any present or future laws, rules, regulations,
constitutions, orders, ordinances. charters, statutes, codes, executive orders, and requirements
of all governmental authorities having jurisdiction over The Premises or any street, road. avenue,
or sidewalk comprising a part of, or lying in front of, the Premises or any vault in or under the
Premises (including, without limitation, any of the foregoing relating to handicapped access or
parking. the local building codes, and the laws, rules. regulations, orders, ordinances, statutes,
codes, and requirements of any applicable Fire Rating Bureau or other body exercising similar
funcfions), the temporary and/or permanent certificate or certificates of occupancy issued for the
9 �
1673 of 1791 ,
Premises as then in force, and any and all provisions and requirements of any property, casualty,
or other insurance policy required to be carried by Tenant under this Lease. If due to Tenant's use
of the Premises repairs, improvements, or alterations are necessary to comply with any of the
foregoing, Tenant shal! pay the entire cost thereot.
3.3 Signs. Tenant at TenanYs expense shall erect and maintain identification signage
upon the storefront of the Premises.The design and specification of such signage shall be subject
to Landlord's sign criteria as adopted from time to time and such design and specification
(including camera-ready artwork)shall be submitted for Landlord's prior approval. Except with the
prior written consent of Landlord,Tenant shall not erect, install, display, inscribe, paint, or affix any
signs, lettering, or advertising medium upon or above any exterior portion of the Premises or in
or on Tenant's storefront or storefront window. Landlord's signage criteria is attached hereto and
made a part hereof as Exhibit "�."
3.4 Environmental Provisions.
(A): .Tenant shall not knowingly incorporate into, use, or otherwise place or dispose of
at the Premises or in the Retail Space (or allow others to incorporate,into, use, or otherwise place
, � .
or dispose of at tlie Premis:es or in the Retail Space) any Hazardous Materials, as hereinafter
defined, unless (i)such Hazardous Materials are for use in the ordinary course of business (i.e.,
as with office or cleaning supplies), (ii) notice of and a copy of the,current material safety data
sheet`is provided:to,landlord for each such Hazardous Materiai (except for Hazardous Materials
used.by Tenant in�the ordinary course of business (i.e.,�as with office oe cleaning supplies)), and
(iii);such materials ere handled and disposed of in accordance with all applicable governmental
laws, rules, and regulations. If Landlord or Tenant ever Hes knowledge of the presence in the
Premises or the Retail Space of Hazardous,Materials which affect the Premises, such party shall
notify the other thereof in writing promptly after obtaining such knowledge. For purposes of this
Lease, "Hazardous Materials" shall mean: (a) petroleum:and ifs constituents; (b) radon gas,
asbestos in any form which is or could become friable, urea formaldehyde foam insulation,
transformers or other equipment which contain tlielectric fluid containing levels of polychlorinated
biphenyls in excess of federal, state or local safery guidelines, whichever are more stringent; (c)
any substance, gas, material or chemical which is or may hereafter be defined as or included in
the definition or"hazardous substances," "hazardous materials," "hazardous wastes," "pollutants
or contaminants," "solid wastes," or words of similar import under any applicable governmental
laws. rules, and regulations including, but not limited to, the Comprehensive Environmental
Response, Compensation and LiabilityAct, as amended,42 U.S.C. §9061 et seq.; the Hazardous
Materials Transportation Act, as amended, 49 U.S.C. § 1801, et seq.; the Resource Conservation
and Recovery Act, as amended, 42 U.S.C. § 6901, et seq.; the Federal Water Pollution Control
Act, as amended, 33 U.S.C. § 1251, et seq.; and Florida Statutes, Chapters 376 and 403; and (d)
any other chemical, material, gas, or substance, the exposure to or release or which is regulated
by any governmental or quasi-governmental entity having jurisdiction over the Retail Space or the
operations thereon.
(B} If Tenant or its employees, agents, or contractors shall ever violate the provisions
of subsection (a), above, then Tenant shall clean-up, remove, and dispose of the Hazardous
Material causing the violation. in compliance with all applicable governmental standards, laws,
10
' 1674 of 1791
rules, and regulations and repair any damage to the Premises or Retail Space within such period
of time as may be reasonable under the circumstances after written notice by Landlord, provided
that such work shall commence not later than thirty {30) days from such notice and be diligently
and continuo�sly carried to completion by Tenant or TenanYs designated contractors. Tenant shall
notify Landlord of its method, time, and procedure for any clean-up or removal of Hazardous
Materials under this provision; and Landlord shall have the right to require reasonable changes in
such method, time, or procedure or to require the same to be done after normal business hours
or when the Retail Space is atherwise closed (i.e., holidays) if reasonably required for the
protection of other tenants or occupants of the Retail Space.
(C) Tenant agrees to defend, indemnify, and hold harmless Landlord, and the City of
Miami Beach (the "City") against any and all claims, costs, expenses, damages, liability, and the
like, which Landlord,may hereafter be liable for, suffer, incur, or pay arising under any applicable
environmental laws, rules, and regulations and resulting from or arising out or any breach of the
covenants contained in this section 3.4, or out of any act, activity, or violation of any applicable
environmental laws, rules. and regulations on the part of Tenant,'�its agents,�_and employees: or
assigns. TenanYs liability under this section 3.4 shall sunrive the expiration or any ferminafion of
this Lease. ' _ �� �_ , : ;� � � ; � .
` 3.5 Hvurs; .Gontinued r`�Occupancy.: During the Te`rm, Tenant shall conduct its
business in the Premises, at a minimum, on all ciays and during all hours established by Landlord
from time to time�as:hour"s for the Retail Space..Tenant may conduct-business on the'Premises,
in addition to the"fo�egoing.times, in Tenant's reasonable judgment in order to maximize sales
from the Premises,�at Tenant's sole�expense;provided,:however, that Tenant does not to exceed
the,:approved hours of operation set forth in .paragraph.��21 of the Lease Summary.�However,
Landlord shali`�not be re'sponsible �for.providing common-area or other services during such
additional hours: Tenant shall open ,the whole of the Premises for;business to the public. fully
fixturetl; sleeked, and stafFed in accordance with the Lease�Summary, unless otherwise approved
in writing by Landlord, and shall continuously, actively, and diligently carry on the business
specified in section 3.1 on the whole of the Premises during the Term, during such hours and
upon such days as are herein req�ired, except when prevented from doing so by force majeure.
Tenant acknowledges that its continued occupancy of the Premises and the regular conduct of its
business therein are of utmost importance to neighboring tenants and to Lantllord in the renting
of space in the Retail Space, the renewal of other leases therein, the e�cient and economic
supply of services and utilities. Tenant acknowledges that Landlord is executing this Lease in
reliance thereupon and that the same is a material element inducing Landlord to execute this
Lease.
Tenant shall not keep or display any merchandise on or otherwise obstruct the common
areas and shall not sell, advertise, conduct, or solicit business anywhere within the Retail Space
other than in the Premises. Tenant shall ship and receive supplies, fixtures, equipment.
furnishings, wares. and merchandise only through the appropriate service and delivery facilities
provided by Landlord: and shall not park its trucks or other delivery vehicles or allow suppliers or
others making deliveries lo or receiving shipments from the Premises to park in the parking areas,
except in those parts thereof as may from time to time be allocated by Landlord for such purpose.
11 '
1675 of 1791
I
Tenant shall maintain available a substantial stock of goods, wares, and merchandise adequate
to ensure successt'ul operation of Tenant's business and shall employ and maintain sales and
other personnel sufficient at all times for proper service to customers.
3.6 Prohibited Uses. Notwithstanding any other provisions of this Lease. Tenant shall
not use the Premises nor permif them to be used for any of the following purposes: (A) for the
sale by Tenant, as its principal business purpose, of any merchandise which Tenant, in the course
of its normal business practice, purchases at manufacturers' clearances or purchases of ends-of-
runs, bankruptcy stock, seconds, or other similar merchandise; (B) for the sale of second-hand
goods, war surplus articles, insurance salvage stock, fire sale stock, merchandise damaged by
or held out to be damaged by fire, except merchandise damaged by fire or smoke occurring in ,
the Retail Space. and then only for thirty (30} days after the date of any such damage; (C) as an
auction or flea market; (D) for a bankruptcy sale or going-out-of-business sale or liquidation sale
or any similar sale, unless Tenant is in fact in bankruptcy or is going out of business or is in
liquidation, in which case such sale shal! not continue beyond thirty (30) days; (E) a business
prir"rmarily used for an order�office,�mail order office,-orcatalogue store; (F)any 6usiness in which
Tenant is engaged in intentionally-�deceptive or fraudulent advertising or selling practices or any
oth�er act or business practice contrary�to honest retail practices; (G)`Tenant shall not ofFer or sell
Hookahs or Cigarettes or CBD products; or(H);for the Frohibited'Uses described in Exhibit "F"
affached hereto. .� � ' : � �.
� � � . ARTICLE IV.ACCESS AND ENTRY. 3
� � 4.1 Right of Examinatian:'Landlord sha!! be entitled at all reasonable times and upon
rea�sonable written notice, not less than 24"hours (but no notice�'is required in emergencies) to
enter,the Premises to examine them if Landlord reasonably believes that Tenant is not complying
witfi anyof its obligations hereunder;�to�make such repairs, alterations, or improvements thereto
as Landlord considers necessary or reasonably desirable; to have access to underfloor facilities
and access panels to mechanical shafts and to check, calibrate, adjust. and balance controls and
other parts of the heating, air conditioning, ventilating, and climate control systems. Landlord
reserves to itself (and others acting on behaif of Landlord including, without limitation, the City)
the right to install, mainfain, use, and repair pipes, ducts, conduits. vents, wires, and other
instaflations leading in, though, over, or under the Premises and for this purpose, Landlord may
take all material into and upon the Premises which is required therefor. Tenant shall not unduty
obstruct any pipes or conduits. or mechanical or other electrical equipment so as to prevent
reasonable access thereto. Landlord reserves the right to use all exterior walfs and roof area.
landlord shall exercise its rights under this section, to the exfent possib(e in the circumstances. in
such manner so as to minimize interference with Tenant's use and enjoyment of the Premises
and Tenant's property.
4.2 Right to Show Premises. Landlord and its agents have the right to enter the
Premises at all reasonable times and upon reasonable written notice not less than 24 hours to
show them fo prospective purchasers, lenders, or anyone having a prospective interest in the
Retail Space. and, during the last six (6) months of the Term (or the last six (6) months of any
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1676 of 1791
renewal term if this Lease is renewed), to show them to prospective tenants. Landlord shall
exercise its rights under this section, to the extent possible in the circumstances, in such manner
so as to minimize interference with Tenant's use and enjoyment of the Premises and Tenant's
property.
ARTICLE V. INITIAL CONSTRUCTION: MAINTENANCE, REPAIRS, AND ALTERATIONS.
5.1. Tenant's Construction Obligations.
(A) Subject to the provisions hereof, Tenant shall, at its expense, cause the
construction and installation of af(improvements to the Premises. if applicable, in accordance with
Tenant's Plans, as hereinafter defined. and as necessary to permit Tenant to occupy same and
conduct normal business operations (such improvements being referred to E�erein as "Tenant's
Work"). The plans for such improvements shall be submitted to the Landlord for the Landlord's
prior.written.consent, which wil{ not be unreasonably withheld or delayed: - , - --
� �� , . �
� (B) ' . AIC permanent (fixedl.improvements to the Premises,shall remain the property of
the,Landlord upon`termination of the Lease. Upon the lawful termination of the Lease, a!I personal
prope`rty and trade fixtures may be removed by fhe Tenant from the:Premises without damage to
the'�Premises. ' �� � � ..� ` ' � � ' ' ' '
, - , � . , ,
r
;;. (C) Any damage to the.'existing finishes of�the Premises o� Retail Space shall be
patched and repaired by Tenanf; all:its expense, and all such work;shall be done to Landlord's
satisfaction. If any patched and painted area',does'not match the original surface, then,the entire
surface sha!! be repainted'�at Tenant's exPense and hold�harmless Landlord, its agents, and
employees irom and against any and all costs;expenses.`damage,'loss. or liability, includ,ing, but
not limited to, reasonable attorneys'�fees and'costs, wfiicti arise out`;of. is occasioned'by`or is in
any`��way attributable to the build-out of the Premises or any �subsequent improverrients or
alterations by Tenant pursuant to this Lease. Tenant, at its expense, shall be responsible for the
maintenance, repair, and replacement of any and all items constructed by Tenant's eontractor.
(D)Tenant shall not alter the existing fire alarm system in the Premises or the Retail Space.
Tenant's Plans include detailed drawings and specifications for the design and installation of
Tenant's fire afarm and security system(s) for the Premises. Such system(s) shall meet all
appropriate building code requirements, and the fire alarm system shall, at Tenant's expense, be
integrated into Landlord's fire alarm system for the Retail Space. (Landlord is not required to
provide any security system.) Landlord's electrical contractor and/or fire alarm contractor shall, at
Tenant's expense, make all final connections between TenanYs and Landlord's fire alarm systems.
Tenant shall insure that all work performed on the fire alarm system shall be coordinated at the
job site with the Landlord's representative.
(E) Tenant will permit no liens to attach to the Premises arising from, connected with
or related fio the construction of the improvements. Moreover, such construction shall be
accomplished through the use of licensed, reputable contractors who are acceptable to Landlord.
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1677 of 1791
Any and all permits and or licenses required for the installation of improvements shall be the sole
responsibility of Tenant.
(F) The above requirements for submission of plans and the use of specific contractors
shall not apply to improvements, maintenance or repairs, which do not exceed $20,000.00,
provided that the work is not structural. and provided that it is permitted by applicable law.
(G) Landlord acknowledges that the prior tenant of the Premises has made
improvements and had signage ins�alled prior to the execution of this Lease, and as such, said
improvements and signage are acceptable to Landford, to the extent that same were properly
permitted, and done in compliance with all applicable building codes, and any other Municipai,
County, State and Federal laws.
5.2 Tenant Improvement Allowance and Reimbursements. Tenant acknowledges
and�agrees:that all costs,incurred in connection with erecting a demising wall (finished on both
sides), adjustments to tlie Fire L'ife Safety System; modifications to fhe HVAC ductwork,-.and
updates to the electrical system in corinection wifh the construction of the demising wa(I shall be
the sole responsibility of Tenant. Landlord shall not;pr'ovide any tenant improvement allowance or
reimbursement for such work. The scope and.details.of the Tenant's required work are, further
outlined in Exhibit"D", attached lier,eto and incorporated herein by,;reference. � �
; ; . .. '
. , Tenant further acknowledges and agrees�that: �� :
`1.: Tenant shalf perform all necessary constructian work at its sole cost and expense;subject
to the ter'ms of section 5.1 above. ' . � :
;, . ,
2: Landlard shall not be responsible for reimbursing�Tenanf�for any construction costs,
including those related to the demising wall or any associated systems.
3. Any and all improvements, modifications,or additional work shal(be the sole responsibility
of Tenant, as further detailed in Exhibit"D".
5.3 Maintenance and Repairs by Landlord. It is hereby acknowledged and agreed
that Landlord shall maintain and repair the foundations and all structural components of the Retail
Space. Tenant will notify in writing of any necessary repairs that are the obligation of Landlord.
Landlord shall not be responsible for any damages caused to Tenant by reason of failure of any
equipment or facilities serving the Retail Space or delays in the performance of any work for which
the Landlord is responsible to perform pursuant to this Lease. Notwithstanding any other
provisions of this Lease, if any part of the Retail Space is damaged or destroyed or requires repair,
replacement, or afteration as a result of the act or omission of Tenant. its employees, agents,
invitees, licensees, or contractors, Landlard shafl have the right to perform same and the cost of
such repairs, rep[acement, or alterations shall be paid by Tenant to Landlord upon demand. In
addition, if, in an emergency, it shaii become necessary to make promptiy any repairs or
' replacements required to be made by Tenant, Landlord may re-enter the Premises and proceed
forthwith to have the repairs or replacements made and pay the costs thereof. Upon demand.
Tenant shall reimburse Landlord for the cost of making the repairs as Additional Rent. Landlord
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1678 of 1791
shall exercise its rights under this section in a manner so as to minimize any disruption or
interference with the operation of Tenant's business and property.
5.4 Maintenance and Repairs by Tenant. Tenant shall, al its sole cost, repair and
maintain the Premises, all to a standard consistent with a first-class commercial building, with the
exception of base building, mechanical and electrical systems, roof and foundation, which are the
obligation of the Landlord. Without limiting the generality of the foregoing, Tenant is specifically
required to maintain and make repairs to(i)the portion of any pipes, lines, ducts.wires,or conduits
contained within the Premises including, without limitation, interior plumbing and electrical
installations, (ii) windows, plate glass, doors, and any fixtures or appurtenances composed of
glass (including, without limitation, interior and exterior washing of windows and plate glass and
the insta!lation of hurricane shutters if provided by the Landlord); (iii)Tenant's sign; (iv)any heating
or air conditioning equipment serving the Premises ("HVAC") (which shall include, without
fimitation, a preventive maintenance HVAC service contract. Such service contract shall include,
without limitation, preventive HVAC maintenance no less than monthly); and (v) the Premises or
the�Retail Spac� when repairs tb the same are necessitated by any.act ar.omission of Tenant. or
the� failure af Tenant to �erform its obligations under,this Lease. AU repair and maintenance
performed by�Tenant in the°�Premises shall be perfiirmed by contractors or workmen designated
or approved by Landlord,,which appraval shall not be unreasonably. withheld or delayed. At the
expiration or earlier termination of the Term, Tenant shall surrender`the Premises ta Landlord in �
as good condition and repair as T'enant is requi�ed to maintain the,Pcemises throughout the Term,
reasonable wear an'd tear excepted. Tenant shall aiso'fumish, maintam, and replace all electric
light bulbs, tubes; and tube casings located within or serving the Rremises and Tenant's signage,
all at Tenant's sole cost and expense.; �� � _ . � �. � � � � ; , � ;
; 5.5 �Approval' of TenanYs Alterations. Unlsss otherwise provided herein, no
alterations (including, without limitation, ±improvements; additions, or modifications to the
Premises} sfiall be made by Tenant`to~the Premises without Landlord's prior written approval,
which, as lo exterior or structural alterations may be withheld in Landlord's sole discretion. Any
alterations by Tenant shall be performed at the sole cost of Tenant, by contractors and workmen
approved by Landlord. which approval shall not be unreasonably withheld or delayed, in a good
and wor[cmanlike manner, and in accordance with all applicable laws and regulations.
5.6 Removal of Improvements and Fixtures. All leasehold improvements and
' fixtures (other than unattached, movable trade fixtures which can be removed without damage to
the Premises) shall at the expiration or earlier termination of this Lease become Landlord's
property. Tenant may, during the Term, in the usual course of its business, remove its trade
fixtures, provided that Tenant is not in default under this Lease; and Tenant shall, at the expiration
or earlier termination of the Term, al its svle cost, remove such of the leasehold improvements
(except for improvements installed by Landlord prior to the Commencement Date) and trade
fixtures in the Premises as Landlord shall require to be removed and restore the Premises to the
condition existing prior to such remaval. Tenant shall at its own expense repair any damage
caused to the Retail Space by such removal. If Tenant does not remove its trade fixtures at the
expiration or earlier termination of the Term, the trade fixtures shall, at the option of Landlord,
15
1679 of 1791
become the property of Landlord and may be removed from the Premises and sold or disposed
of by Landlord in such manner as it deems advisable without any accounting to Tenant.
5.7 Liens. Tenant shall promptly pay for all materials supplied and work done in
respect of the Premises by, though, or under Tenant so as to ensure thaf no lien is recorded
against any portion of the Retail Space or against Landlord's or Tenant's interest therein. tf a lien
is so recorded, Tenant shall discharge it promptly by payment or bonding. If any su�h lien against
the Retail Space ar Landlord's interest therein is recorded and not discharged by Tenant as above
required within ten (10) days following written notice to Tenant, Landlord shall have the right to
remove such lien by bonding or payment and the cost thereof shall be paid immediately from
Tenant lo Landlord. Landlord and Tenant expressly agree and acknowledge that no interest of
Landlord in the Premises or the Retail Space shall be subject to any lien for improvements made
by Tenant in or for the Premises, and Landlord shall not be liable for any lien for any improvements
made by Tenant,such liability being expressly prohibited by the terms of this Lease. In accordance
with applicable laws of the Slate of Florida, Landlord has filed in the public records of Miami-Dade
Gounty,'F(orida. a public notice containing a true and correct copy;of ttiis paragraph, and Tenant '
hereby "agrees:�fo, inform-afl contractors and material suppliers perForrr�ing work in_�or for or
supp[ying materials to the Premises of the existence,of'said notice.
� 5.8 l)tilities. Tenant shall�pay to Landlord; or as Landlord directs. all gas, electricity,
water; trash, pest �control and ottier utility charges applicable to the Premises as separately
metered. Tenant shall, at'its own,cost, install, maintain and repair;;as required, its electrical meter
for�the Premises.'ln;addition, Tenant;s electrical equipment and lighting shall be restricted to that
equiprnent and lighting which individually does. not have`a rate'd capacity and/or design load
greater than the rated capacity andlor design load oftfie Retail Space. If Tenant's consumption of
electrical seryices•exceeds either th�e�ated,capacity and/or design load of the Retail Space, then
Tenant�sfiall.'reriiove the equipment',and/or lighting to achieve compliance within ten (10) days
after receiving written notice from Landlord; or such equipment and/or lighting may remain in the
Premises, so long as (a) Tenant shall pay for all costs of installation and maintenance of
submeters, wiring, air-conditioning, and other items required by Landlord, in Landlord's
reasonable discretion, to accommodate Tenant's excess design loads and capacities; and (b)
Tenant shall pay to Landlord, within thirty (30)days after rendition of a bill, the cost of the excess
consumption of electrical service at the rates charged to Landlord by�lorida Pawer&Light,which
� shall be in accordance with any applicable faws.
ARTICLE VI. INSURANCE AND I DEIiIINITY.
6.1 TenanYs Insurance. The Tenant shall maintain the below required ,insurance in
effect prior to awarding the Lease and for the duration of the Lease. The maintenance of proper
insurance coverage is a material element of the Agreement and failure to maintain or renew
coverage may be treated as a material breach of the Lease, which could result in withholding of
payments or termination of the Lease.
(A} Worker's Compensation Insurance for all employees of the vendor as required by
Florida Statute 440, and Employer Liability Insurance for bodily injury or disease. Should the
16
1680 c5f 1791
Tenant be exempt from this Statute, the Tenant and each employee shall hold the City harmless
from any injury incurred during performance of the Lease. The exempt Tenant shall also submit
(1) a written statement detailing the number of employees and that they are not required to carry
Workers' Compensation insurance and do not anticipate hiring any additional employees during
the term of this Lease or(ii) a copy of a Certificate of Exemption.
(B) Commercial General Liability Insurance on an occurrence basis. including
products arid completed operations, property damage, bodily inju,ry and personal & advertising
injury with limits no less than $1,000,000 per occurrence, and $2,000,000 general aggregate.
(C) All-Risk property and casualty insurance, wri�en at a minimum of eighty (80%)
percent of replacement cost value and with replacement cost endorsement,covering all leasehold
improvements installed in the Demised Premises by or on behalf of Tenant and including without
limit�tian all of TenanYs personal property in the Demised Premises (including, without limitation,
inventory, trade fixtures, floor coverings, furniture, and other property removable by Tenant under
the provisions of this Lease): � � ---- •
�� � ... _: ;� .
' - .� (D) ` Liquor Liability Insurance on an occurrence basi's, including property damage,
bodily injury and persona!�advertising injury with�limits no less thari;$1,000,000 per occurrence.
(Required, if necessary} -. ; " � ,
i ; (E) Business interruption insurance, suffiicient�:fo insure Tenant for no less than.one (1)
full; year of loss of business,,.with the Landlord named' thereon as. lo'ss payee to the extent
permitted by applicable law. '
_ r
. . _ ;
, ' °: 6.2 Additional lnsured. Landlord:and the City of Miariii;Beach must be inctuded by
endorsement as.an additional insured witti.respect to all liability policies (except Professional
Liability and Workers' Compensation)_arising out of work or operations perFormed on behalf of the
contractor including materials, parts; or eguipment furnished in ,connection with such work or
operations and automobiles owned, leased. hired or borrowed in the form of an endorsement to
the contractor's insurance
6.3 Notice of Cancellation. Each insurance policy required above shall provide that
coverage shall not be cancelled, except with notice to Landlord and the City of Miami Beach C/O
EXIGIS insurance Compliance Services.
6.4 Waiver of Subrogation. Vendor agrees to obtain any endorsement that may be
necessary to afFect the waiver of subrogation on the coverages required. However, this provision
applies regardless of whether the City has received a waiver of subrogation endorsement from
the insurer.
6.5 Acceptability of Insurers. Insurance must be placed with insurers with a current
AM. Best rating of A: VII or higher. If not rated, exceptions may be made for members of the
Florida Insurance Funds (i.e. FWCIGA. FAJUA). Carriers may also be considered if they are
licensed and authorized to do insurance business in the State of Florida.
6.6 Verification of Coverage. Tenant shall furnish Landlord and the City with original
certificates and amendatory endorsements, or copies of the applicable insurance language,
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1681 of 1791
effecting coverage required by this contract.All certificates and endorsements are to be received
and approved by the City before work commences. However, failure to obtain the required
documents prior to the work beginning shal!not waive the Contractor's obligation to provide them.
The City resenres the right to require complete, certified copies of all required insurance policies,
including endorsements, required by these specifications, at any time.
CERTIFICATE HOLDER MUST READ:
MIAMI BEACH REDEVELOPMENT AGENCY and
' CITY OF MIAMI BEACH
c/o EXIGIS Insurance Compliance Services
P.O. Box 4668- ECM #35050
New York, NY 10163-4668
Kindly submit all certificates-of insurance, endorsements, exemption letters to our
seining agent, EXIGIS, at: Certificate-miamibeach@riskworks.com �,
6.7 Special Risks or Circumstances: The City of Miami Beach reserves the right to
modify these requirements,, includirig limits. based on the nature of the risk, prior experience,
insurer, coverage, or other special circumstances. " :
6.8 Complian�ce with tFie.foregoing requirements shall not relieve the Tenant of his
liability and obligation under this section or under any other section of this Lease. •
� . 6.9 Loss or Damage: Indemnification.
(A) Loss or Damage. Tenant acknowledges that the Landlord will be perForming any
maintenance and repairs required of Landlord hereunder. Landlord shall not be liable for any
� death or injury arising from or out of any occurrence in, upon, at. or relating to the Retail Space
or damage to property of Tenant or of others located on the Premises or elsewhere in the Retail
• Space, nor shall it be responsible for any loss of or damage to any properry of Tenant or others
from any cause, unless such death, injury. loss, or damage results from the gross negligence or
willful misconduct of Landlord. Without limiting the generality of the foregoing, landlord shall not
-. be liable for any injury or damage to persons or property resulting from fire, explosion. falling
plaster, falling ceiling tile, falling fixtures, steam. gas, electricify, water, plumbing works (outside
of the Premises). roof, or subsurface of any floor or ceiling of the Retail Space or from the street
or any other place or by any other cause whatsoever, unless resulting from the gross negligence
or willful misconduct of Landlord.
Notwithstanding the foregoing paragraph, in no event shall Landlord or the�City be (iable,
whether to Tenant or to third parties_ for an interruption or failure in the supply of any utilities or
services to the Premises. or for any damage to person or property arising from a force majeure
event, environmental concerns, theft, vandalism, HVAC malfunction, sprinklers, appliances,
plumbing works within the Premises, windows, dampness, the bursting or leaking of water pipes.
any act or omission of Tenant, or its employee, agent, contractor, invitee, guest. assignee. or sub-
18
1682 of 1791
tenant or occupant of the Premises or of any other person, or otherwise.Additionally, all personal
property placed or moved into the Premises will be at the sole risk of Tenant.
(B) Tenant shall indemnify, defend and hold harmless Landlord and the City of Miami
Beach from and against any and all losses (including loss of Minimum Rent and Additional Rent
payable in respect to the Premises), claims, actions, damages, liability, and expense of any kind
whatsoever(including attorneys'fees and costs at all:ribunal levels), unless caused by the gross
negligence or willful misconduct of Landlord, arising from (1) any occurrence in, upon, or, all the
Premises, (2) the occupancy, use, or improvement by Tenant, or its employee, agent, contractor,
invitee, guest, assignee, or sub-tenant of the Premises or any part thereof, (3)wholly or in part by
any act or omission of Tenant or its employee, agent, contractor, invitee, guest, assignee, sub-
tenant or by anyone permitted to be on the Premises by Tenant; (4) any misuse, neglect or
unlawful use of the Premises by Tenant or its employee, agent, cantractor, invitee, guest,
assignee. or sub-tenant; or (5) any breach, violation, or non-performance of any undertaking of
Tenant under this Lease.
� (C) No Waiver of-Sovereign Immunity. Nothing contained-in.this section oc elsewhere_in
this Lease is in any way intended to be a waiver of;fhe�limitation p'laced upon the Landlord or the
City's liability as set forth in Florida Statutes Section 768.28. ;
, ' ARTICLE VII. DAMAGE AND DESTRUCTION. �
� 7.1 Damage to Premises. Tenant acknow(edges that if the Premises are partially or
totally destroyed due to fire or other casualty, any repairs to or rebuilding of the damaged portions
of the�Retail Space�will be performed by Landlord and in any event`only to the extent that Landlord
is required-to repair or retiuild the Retail Space. If Landlord�repairs or rebuilds, Rent shall abate
proportionately to the portion of the Pcemises, if any, rendered untenantable from the �date of
destruction or damage until the repairs have been substantially completed. Upon being notified
, that the repairs have been substantially completed, Tenant shall diligently pertorm all other work
required to fully restore the Premises for use in Tenant's business, in every case at TenanYs cost
�
and without any contribution to such cost by Landlord, whether or not Landlord has at any time
made any contribution to the cost of supply, installation, or construction of leasehold
improvements in the Premises. Tenant agrees that during any period of reconstruction or repair
of the Premises, it will continue the operation of its business within the Premises to the extent
practicable. If all or any part of the Premises shall be damaged by fire or other casualty and the
fire or other casualty is caused by the fault or neglect of Tenant or TenanYs agents, guest, or
invitees, rent and all other charges shall not abate.
7.2 Termination for Damage. Notwithstanding section 7.1. if damage or destruction
which has occurred to the Premises, or the Retail Space is such that in the reasonable opinion of
Landlord such reconstruction or repair cannot be completed within one hundred twenty(120)days
of the happening of the damage or destruction. Landlord or Tenant may, at its option, terminate
this Lease on notice to the other given within thirty (30) days after such damage or destruction
and Tenant shall immediately deliver vacant possession of the Premises in accordance with the
terms of this Lease.
�9
1683 of 1791
In addition, if Landlord undertakes the reconstruction or repair, and does not complete
same within nine{9) months after the date of the fire or other casualty(subject to the time required
to prepare plans for reconstruction, to obtain building permits, to receive distribution of insurance
proceeds, and to complete the tikely contract bidding process and a!I other relevant factors, but
not to exceed an additional ninety (90) days). then Tenant shall have the right to terminate this
Lease by written notice to Landlord delivered within thirty (3Q) days after the expiration of such
nine (9) month period {or as extended), whereupon both parties shall be relieved of all further
obligations hereunder, except as otherwise expressly set forth herein.
�
' ARTICLE VIlI.ASSIGfVAJIENT, lEASES.AND TRANSFERS.
8.1 Transfer'by Tenant.Tenant shall not enter into, consent to, or permit any Transfer.
as hereinafter defined, without--the prior written .consent of Landlord in each instance: :For
purpo.ses of this .Lease. `'Transfer" means an assignment of this Lease in whole or in..part; a
sublease of all or any part of the P�emises; any transaction whereby the rights of Tenant under
this Lease or to.the Premises are transferred to another; any mortgage or encumbrance of this
Lease or the Premises or any part thereof or other arrangement und'er which either this Lease or
the�Premises become security.far' any indebtedness a� other obligations: and if Tenant is a
corporation or a partnership; the transfer of a controllirig interest (greater than 50%) in the stock
of tfie corporation or partnership interests, as applicable-provided transfers lo family members
and transfers to third parties of less than 50% of the stock of the Tenant are permitted without
Land[ord consent: !f there !s a permitted Transfer; Landtord may;.collect rent or other payments
from the transferee and apply the net.amount collected to the rent'o�other payments required to
be�paitl pursuant to this Lease but no acceptance by Landlord ofany payments by a transferee
shall�-be 'deemed a waiver of any �provisions hereof regarding Tenant. Notwithstanding any
Transfer, Tenant shall not be released from any of its obligations under this Lease. Landlord's
consent to any Transfer shall be subject to the further condition that if the Minimum Rent and
Additional Rent pursuant to such Transfer exceeds the Minimum Rent and Additional Rent
payabfe under this Lease, the amount of such excess shall be paid lo Landlord. If, pursuant to a
permitted Transfer, Tenant receives from the transferee, eitfier directly or indirectly, any
con�ideration other than Minimum Rent and Additionai Rent for such Transfer, either in the form
of cash, goods, or services, Tenant shail, upon receipt thereof, pay to Landlord an amount
equivalent to such consideration. Land(ord ack�owledges that any proceeds received in
connection with the sale of Tenant's business (which sale shail include a corresponding
assignment of this Lease) shall belong exc(usively to fhe Tenant and/or its principais),
ARTICLE IX. DEFAULT.
9.1 Defaults.A defauit by Tenant shall be deemed to have occurred hereunder, if and
whenever: (i)any Minimum Rent is not paid within�days from notice or demand for payment has
been made by Landlord; (ii) any otherAdditional Rent is in arrears and is not paid within five (5)
20
1684 of 1791
days after written demand by Landlard. (iii) Tenant has breached any of its obligations in this
Lease (other than the payment of rent) and Tenant fails to remedy such breach within thirty (30)
days (or such shorter period as may be provided in this Lease), or if such breach cannot
reasonably be remedied within thirty (30} days (or such shorter period), then if Tenant fails to
immediately commence to remedy and thereafter proceed diligently to remedy such breach within ,
no later than sixty (60} days, in each case after notice in writing from Landlord; (iv} Tenant �
becomes bankrupt or insolvent; (v) any of Landlord's policies of insurance witli respect to the
Retail Space are cance(ed or adverseiy changed as a resuft of Tenant's use ar occupancy of the
Premises; or (vi) the business operated by Tenant in the Premises shall be closed by
governmental or court order for any reason.
9.2 Remedies. In the event of any default hereunder by Tenant, then without prejudice
to any other rights which it has pursuant to this Lease or at law or in equity, Landlord shall have
the,following rights and remedies, which are cumulative and not a,ltemative: - ,- �� �-
� ' (A)� � Landlord may cancel this Lease by�.notice to Tenant and retake possession of the
Premises for Landlord's account. o'r may terminate TenanYs right to.possession of the;Premises
without terminating this Lease. In eifher event. Tenant;shall then quit and surrender the Premises
to 'Landlord. If Landlord terminates Tenant's- right`to: possession of the Premises :without
terminating this Lease, Tenant's liabifity underail of ttie �provisions of this Lease shall,continue
notwithstanding any expiration.and surrender, or any �re-entry, -repossession, or disposition
hereundec _ ' � . _
, - �
: " (B) Landlord may enter'the Premises as agent of Tenant to take possession of any '
propeity of Tenanf on the P�emises, to�store,such properfy.at the expense and risk of.Tenant or
to sell or atherwise dispose of such property in such manner as Landlord may see fit,without
notice to Tenant. Re-entry and removal-may be effectuated by summary dispossess proceedings,
by any suitabie action ar praceeding, or otherwise. Landlord shall not be liable in any way in
connection with its actions pursuant to this section, to the extent that its actions are in accordance
with law.
(C) lf Landlord terminates Tenant's right to possession or the Premises without
terminating this Lease under subsection (A) above, Tenant shall remain liable (in addition to
accrued liabilities)to the extent legally permissible for all rent and all of the charges Tenant would
have been required to pay until the date this Lease would have expired had such cancellation not
occurred. Tenant's lia6ility for rent shall continue notwithstanding re-entry or repossession of the
Premises by Landlord. In addition to the foregoing, Tenant shall pay to Landlord such sums as
the court which has jurisdiction thereover may adjudge as reasonable attorneys'fees with respect
to any successful lawsuit or action instituted by Landlord !o enforce the provisions of this Lease.
(D) Landlord may relet all or any part of the Premises for all or any part of the unexpired
portion of the Term of this Lease or for any longer period, and may accept any rent then attainable;
grant any concessions af rent, and agree to paint or make any special repairs, alterations, and
decorations for any new tenant as it may deem advisable in its sole and absolute discretion.
21
1685 of 1791
Landlord shall be under no obligation to relet or to attempt to relet the Premises, except as
expressly set forth below.
(E) If Landlord terminates Tenant's right to possession of the Premises without
terminating this Lease under subsection (A) above, and Landlord so elects, the rent hereunder
shall be accelerated and Tenant shall pay Landlord damages in the amount of any and all sums
which would have been due for the remainder of the Term (reduced to present value using a
discount factor equal to the stated prime lending rate on the date of TenanYs default by Landlord's
then existing mortgagee or, if there is no mortgagee, by Citibank, N.A., New York). Prior to or
following payment in full by Tenant of such discounted sum promptly upon demand, Landlord shall
use good faith efforts to relet the Premises. If Landlord receives consideration as a result of a
reletting of the Premises relating to the same time period for which Tenant has paid accelerated
rent, such consideration actually received by Landlord, less any and all of Landlord 's cost of
repairs, alterations, additions, redecorating, and other expenses in connection with such reletting
of the Premises. shall be a credit against such discounted sum, and such discounted sum shall
be reduced if not yet paid by Tenant as called for herein. or if Tenant has paid such discounted
sum, such'credited amount;stiall be repaid to Teriant by Landlord (provided said credit shalt not
exceed the accelerated amount). � �
, (F) Landlord may remedy or attempt to r,emedy any default of Tenant under this Lease for
the account of Tenant and to enter upon the Premises for such purposes. No notice of�landlord's
intention to pertorm such covenants need be, g�iven Tenant unless expres'sly required'by this
Lease. Landlord shall not-be liable to Tenant�for any loss'or damage caused by the reasonable
acts of Landlord in remedy,ing or attempting to.remedy such default and Tenant shall pay to
Landlord all expenses incurred by Landlord in connection with remedying or attempting to remedy
such default.Any,expenses,incurred by Landlord shall accrue interest from the date of payment
by Landlord until repaid by Tenant as Additional Rent pursuarit to section 2.6.
9.3 Costs. Tenant shall pay to Landlord on demand all costs incurred by Landlord,
including attorneys' fees and costs al all-tribunal levels, incurred by Landlord in enforcing any of
the obligations of Tenant under this Lease. In addition, upon any default by Tenant, Tenant shall
be also liable to Landlord for the expenses to which Landlord may be put in re-entering the
Premises; repossessing the Premises; painting, alte�ing, or dividing the Premises; combining the
Premises with an adjacent space for any new tenant; putting the Premises in proper repair;
protecting and preserving the Premises by placing watchmen and caretakers therein; reletting the
Premises (including attorneys' fees and disbursements, marshal's fees, and brokerage fees. in
so doing); and any other expenses incurred by Landlord.
9.4 Additional Remedies; Waiver. The rights and remedies of Landlord set forth
herein shall be in addition to any other right and remedy now and hereinaffer provided by law.All
rights and remedies shall be cumulative and non-excfusive of each ofher. No defay or omission
by Landlord in exercising a right or remedy shall exhaust or impair the same or constitute a waiver
of, or acquiescence to, a default.
9.5 Default by Landlord. In the event of any default by Landlord, Tenant's exclusive
remedy shall be an action for damages or injunction, but prior to any such action Tenant will give
22
1686 of 1791
Landlord written notice specifying such default with particularity, and Landlord shali have a period
of thirty (30) days following the date of such notice in which to cure such default; provided,
however, that if such default reasonably requires more than thirty (30)days to cure. Landlord shall
have a reasonable time to cure such default, provided Landlord commences to cure within such
thirty (30) day period and thereafter diligently prosecutes such cure to completion).
Notwithstanding any provision of this Lease, in the event of a default by Landlord. Tenant hereby
agrees and acknowledges that in no event shall Landlord be liable for any incidental, indirect.
special or consequential damages including, without limitation. loss of revenue or loss of profits
of Tenant which may be aileged as a result of Landlord's default. and Landlord's maximum liability
shall be as provided in section 9.6..
9.6 Limitation of Landlord's Liabi(ity. Landlord desires to enter into this Lease only
if in so doing the Landlord can place a limit on its liability for any cause of action for money
damages due to an alleged breach by the Landlord!�of this Lease, so that its liabifity for any such
breach never exceeds the sum of$40,000.00. Tenar+t hereby expresses its:willingness.to enter
into this Lease with Tenant's recovery from the:.L'andlord for any damage action for;breach of
contract to be limited to a maximum amount of$10,000.00.Accordingly, and notwithstanding any
other term or condition of this Lease, Tenant hereby agrees that the Landlord shall not be liable
to the Tenant 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 Landlord by this Lease. Nothing contained in this para`graph or elsewhere in this Lease is in
any way intended to be a waiver of the limitation placed upon the Landlord's liability as set forth
in Section 768.28. Florida Statutes . . � - , �
� . � ; " '. :
-- ARTICLE X. ESTOPPEL CERTIFICATE; SUBORDINATION.
-10.1 Estoppel Certificate. Within ten (10) days after written request by Landlord,
Tenant shall deliver in a form supplied by Landlord, an estoppel certificate to Landlord as to the
status of this Lease, including whether this Lease is unmodified and in full force and effect (or, if
there have been modifications, that this Lease is in full force and effect as modified and identifying
the modification agreements); the amount of Minimum Rent and Additional Rent then being paid
and the dates to which same have been paid; whether or not there is any existing or alleged
default by either party with respect to which a notice of default has been served, or any facts exist
which, with the passing of time or giving of notice. would constitute a default and, if there is any
such default or facts, specifying the nature and extent thereof; and any other matters pertaining
to this Lease as lo whicfi Landlord shall request such certificate. Landlord, and any prospective
purchaser, lender, or ground lessor shall have the right to rely on such certificate.
10.2 Subordination: Attornment. This Lease and all rights of Tenant sha(I be subject
and subo�dinate to any and all mortgages, security agreements, or like instruments resufting from
any financing, refinancing, or collateral financing (including renewals or extensions thereo�, and
lo any and all ground�leases, made or arranged by Landlord of its interests in all or any part of the
Retail Space, from time to lime in existence against the Retail Space, whether now existing or
23
1687 of 1791
hereafter created. Such subordination shall not require any further instrument to evidence such
subordination. However, on request. Tenant shall further evidence its agreement to subordinate
this Lease and its rights under this Lease to any and al! documents and to all advances made
under such documents. The form of such subordination shall be made as required by Landlord,
its lender, ground lessor or the City.Tenant shall, if requested by Landlord, or a mortgagee. owner.
or purchaser, or by any person succeeding to the interest of such mortgagee. owner, or purchaser,
as the result of the enforcement of the remedies provided by!aw or the applicable instrument held
by Landlord, such mortgagee, owner, or purchaser, automatically attorn to and become the tenant
of Landlord or any such mortgagee, owner, purchaser. or successor-in-interest, without any
change in the terms or other provisions of this Lease; provided, however, that Landlord, said
mortgagee, owner, purchaser, or successor sha(I not be bound by (a) any payment of Minimum
,
Rent or Additional Rent for more fhan one (1} month in advance, or(b)any security deposit or the
like not actually received by Landlord, such mortgagee, owner, or purchaser, or successor, or (c}
any amendment or modification in this Lease made wifhouf the consent or Landford. such
mortgagee, owner, purchaser-, or successor. or(d}any construction.obfigation, free rent, or other
concession or monetary allowance,or(e)any set-off, counterclaim,or the like otl�erwise avaifable
against Landlord, or (fl any act or'omission of:any prior landlord' (including Landlord). Upon
request by Lantllord, said mortgagee,,owner. or purchaser, or successor, Tenant shall execute
and`deliver an instrument or instruments confirming its a`ttornment. �
� -
: � Notwithstanding the„foregoing, any such:subordination of`this lease shall be conditioned
on the Landford obtaining,a no-disturbance agreement in fa�or of Ten,ant_from'all mortgagees and
ground lessors rega�ding•any financings, or ofher leases entered into by,Landiord with re5pect to
the�Retail Space;and no subordination shalf,be:effective without a corresponding no disfurbance
agreement. . - � . , ' , , .
ARTICLE XI. COPITROL OF RETAIL SPACE BY LANDLORD.
11.1 Use and Maintenance of Common Areas. Tenant and those doing business with
Tenant for purposes associated with Tenant's business on the Premises, shall have a non-
exclusive license to use the comman areas for their intended purposes during normal business
hours in common with others entitied thereto and subject to any rules and regulations imposed
by Landlard. Land(ord shall use reasonabte efforts to keep the common areas in good repair and
condition and shal( c(ean the common areas when necessary. Tenant acknowledges that any
common areas of the Retail Space shall at all times be under the exclusive control and
management of Landlord. For purposes of this Lease, "common areas" shall mean those areas,
facilities, utilities, improvements, equipment, and installations of the Retail Space which serve or
are for the benefit of tenants of more than one component of the Retaif Space and which are not
designated or intended by Landlord to be leased, from fime to time, or which are provided or
designated from time to time by Landlord and/or the City for the benefit or use of alf tenants in the
Retail Space,their employees, customers, and invitees, in common with others entitled to the use
or benefit of �ame. Tenant acknowledges that the Garage portion of the Facility is not a part of
the Retail Space, and that Tenant has no right or license to use the Garage pursuanfi to this Lease.
Any use by Tenant or its invitees of the Garage is subject to the rules and regulations in connection
24
1688 of 1791
therewith imposed by Landlord (or successor owner) and/or the operator of the Garage. No
portion of the garage,is under Landlord's control or supervision, and Landlord shall not be liable
for any damage to automobiles of any nature whatsoever to, or any theft of, automobiles or other
vehicles or the contents thereof, while in or about the Garage.
11.2 Alterations by Landlord. Landlord and/or the City may (but shall not be obligated
to) (i)alter, add to, subtract from, construct improvements on, re-arrange, and construct additional
facilities in, adjoining, or proximate to the Retail Space; (ii) relocate the facilities and
improvements in or comprising the Retail Space or erected on the Land; {iii) do such things on or
in the Retail Space as required to comply with any(aws, by-laws, regulations, orders, or directives
affecting the Land or any part of the Retail Spaee; and (iv)do such other things on or in the Retail,
Space as l.andlord and/or the City, in the use of good business judgment determines to be
advisable. provided that notwithstanding anything contained in this section 11.2, access to the
Premises shall be available at a!I times. Landlord shall not be in breach of its covenants for quiet
enjoyment or liable for any loss,ycosts, or damages, whether direct or indirect, incurred by Tenant
due to any of.the foregoing; provided, Landlord sha!l,exercise its rights under'this, section in a
manner'so as to�,rrminimize�a'ny disruption or interference with the operafion of Tenant's.business
and property. � ' ' �
J . - ,. ., ' . .
" � ARTICLE XII. CONDEMNATION. ' . .
7 . . � . � . , ;
� 12.1 Tota!'or Partia! Taking. If the'whole of the Premises, or such portion thereof as �
will make the Premises unusable for.the purposes.leased hereunder, shall be taken by any public
authority under,fhe powe�of eminent�domain or�sold to pulilic authority under threat or in lieu of
such taking. the Term shalf cease as of the'day possession,or title shall 6e taken by such public
� ,
authority, whichever is earlier("Taking Date"), whereupon'the rent and all other charges;shall be
paid up to the Taking Date with a p'roportionate refund by�Landlord of any rent ancf all other
charges paid for a period subsequent to the Taking Date. If less than the whole of the Premises,
or less than such portion thereof as will make the Premises unusable for the purposes leased
hereunder, the Term shall cease only as to the part so taken as of the Taking Date, and Tenant
shall pay rent and other charges up to the Taking Date,with appropriate credit by Landlord(toward
the next installmenf of rent due from Tenant) of any rent or charges paid for a period subsequent
to the Taking Date. Minimum Rent and other charges payable to Landlord shall be reduced in
proportion to the amount of the Premises taken.
�
12.2 Award. All compensation awarded or paid upon a total or partial taking of the
Premises or Retail Space including the value of the leaseh"old estate created hereby shall belong
to and be the property of Landlord without any participation by Tenant;Tenant shall have no claim
to any such award based on Tenanf's leasehold interest. However, nothing contained herein shall
be construed to preclude Tenant. at its cost, from independently prosecuting any claim directly
against the condemning authority m such condemnation proceeding for damage to, or cost of
removal of, stock, trade fixtures. furniture, and other personal property belonging to Tenant and
for Tenant's moving expenses; provided, however, that no such claim shall diminish or otherwise
adversely affect Landlord's award or the award of any mortgagee.
25
1689 of 1791
C
ARTICLE Xlil. PROHIBITIONS REGARDING S�►LE OR USE OF EXPANDED POLYSTYRENE
FOOD SERVICE ARTICLES. SINGLE-USE PLASTIC BEVERAGE STRAWS,AND SINGLE-
USE PLASTIC STIRRERS.
13.7 Tenant hereby agrees and acknowledges that, pursuant to Section 82-7 of
the City Code, as may be amended from time to time, Tenant shall not sell. use, provide food in,
or offer the use of expanded polystyrene food service articles (as defined in City Code Section
82-7) in the Premises.A violation of this section shalf be deemed a default under the terms of this
Lease. Notwithstanding fhe above, this section shaf( not appfy to expanded pofystyrene food
service articles used for prepackaged food that have been filled and sealed prior to receipt by
Tenant.
13.2 Additionally, Tenant agrees and acknowledges that, pursuant to Section 82-8 of
the City Code, as may be amended from time to time, Tenant shall not sell, use, provide food in,
�r offer the use of single-use plastic beverage straws'or single-use pfastic stirrers (as defihed in
City Code Section 82=8) in the Premises. A violakion of this section shall be deemed a default
under the terms.of this Lease. Notwithstanding the above, the requirements of Section 82-8 shall
not restrict Tenant from providing a beverage with, or�offering the use or, a single-use plastic
beverage straw or single-use plastic stirrer to an individual wifh a disability or medical condition
that impairs the consumption of beverages wifhout a singie-use plastic beverage straw or single-
use plastic sfirrer. . ,
, _ ..
13.3 As. •additional consideration �for �fhis, Lease, separate and apart from the
� requirements of Sections 82-7 and 82-8 of the City Code, Tenant agrees:
(A). not sell, use, provide food in, vr offer the use of expancfed polystyrene food service
articles in the Premises. A_violation of this section shall be deemed a default under the terms of
this Lease. Notwithstanding the above, this section shall not apply to expanded polystyrene food
service articles used for prepackaged food that have been filled and sealed prior to receipt by
Tenant; and
(B} not sel(, use, provide food in, or offer the use of singie-use pfasfic beverage sfraws
or single- use plastic stirrers in the Premises.A violafion of this section shaf( be deemed a defauft
under the terms of this Lease. Notwithstanding the above, Tenant shall be permifted to providing
a beverage with, or offering the use of, a single-use plasfic beverage straw or single-use pfastic
stirrer to an individual with a disability or medical condition that impairs the consumption of
beverages without a single-use plastic beverage straw or single-use plastic stirrer.
ARTICLE XIV. TENANT'S COMPLIANCE WITH FLORIDA'S PUBLIC RECORDS LAW.
14.1 Tenant shall comply with Florida Public Records law under Chapter 119, Florida
Stafutes, as may be amended from time to time.
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1690 of 1791
14.2 The term "public records" shall have the meaning set forth in Section 119.011(12),
which means all documents, papers, letters, maps, books, tapes, photographs, films, sound
recordings, data processing software, or other material, regardless of the physical form,
characteristics, or means of transmission, made or received pursuant to law or ordinance or in
connection with the transaction of official business of the City.
14.3 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:
(A) Keep and maintain public records required by the City to perform the service;
(B) 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
tine at a cost that does not exceed the cost provided in Chapter 19 9, Florida Statutes or as
otherwise provided by law.
- (C}-> Ensure that public records that are exempt or confidential an_d.exempt from public
records disclosure requiremEnts�are'�not disclosed,.except as authorized by law;�for the duration
of the contract,term and'following completion of tfie Lease if the Tenant does not transfer the
records ta the City: � ; ` ` � ;
' , -. . ;" ; , �
' (D) Upon completion of the Lease, transfer; at no cost to fhe City, all pubfic records in
possession of the Tenant,or keep and maintain pub{ic records requiced�by the Ciry to perform fhe
servic'e. If the Tenant transfers aIC public records to the City upon completion of the Lease, the
Tenant shall dest�oy any duplicate public recocds that ar.e exempt or confidential and exempt from
public records disclosure,requirerrients. If the„Tenant keeps and�maintains pubfic records upon
completion of the Lease,: the Tenant shall meet all appli'cable requirements for retain'ing public
records.All recacds stored,electronicalfy.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.
14.4 Request for Records: Noncompliance.
(A) A request to inspect or copy public records relating to the City's contract for
services must be made tiirectly 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.
(B) Tenant's failure to comply with the City's request for records shalf constitute a
breach of this Lease, and the City, at its sole discretion, may: (1) unilaterally terminate the Lease: -
(2) avail itself of the remedies set forth under the Lease; and/or (3) avail itself of any availab(e
remedies at law or in equity.
(C) Tenant who fails to provide the public records to the City within a reasonable time
may be subject to penalties under s. 119.10.
14.5 Civil Action.
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1691 of 1791
� �(A) !f a civil action is filed against a Tenant lo 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:
(1) The court determines that the Tenant unlawfully refused to comply with the
public records request within a reasonable time; and
(2} At least 8 business days before filing the action, the plaintiff provided written
notice af the public records request, including a statement that the Tenant has not
complied with the request, to the City and to the Tenant.
(B) A notice complies with subparagcaph (A)(2) 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 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. , _
� ., (G;)` : :A�Tenant who complies with a public.records requesfwithin 8 bu"siness days�after
the'notice is sent is not liable for the reasonable costs of enforcement.
� �.� �4.s IF �THE� ��,TENANT HAS�.-��QUESTION�S` REGARDING`� THE
APP�LICATION OF_. �CHAP.TER 119;' FLORIDA ; STATUTES, TO THE
; . ,
TENANT'S D;UTY TQ.PRQVIDE PUBLlC RECORDS RELATlNG TO THIS
: - -- ._;._.. ,_ ,
LEASE, CONTACT.THE CUST�DIAN OF PUBLIC RECORDS AT: :
; � � - � ;.
. �. �� CiTY O� MIAMt BEACH ATTENTION: �
, ,
� . " - RAFAEL E: GRANADO, ClTY CLERK ,
- • 1700 CONVENTION CENTER DRIVE �
MIAMI BEACH, FLORIDA 33139
E-MAIL: 1�FAEL(;RAN�►DO(a�Ml�►ill1Q�EA�H�L.GOV
PHONE: 305-673-7411
ARTICLE XV. INSPECTOR GENERAL AUDIT RIGHTS.
1�.1 Pursuant to Section 2-256 of the Code of the City of Miami Beach, the City has
established the Office of the Inspector Generai which may, on a random basis, pertorm 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.
I 15.2 The O�ce of the lnspector General is authorized to investigate City affairs and
errrpowered to review past, present and proposed City programs, accounts, records, contracts
and transactions. In addition, the lnspector General has the power to subpoena witnesses,
administer oaths, require the production of witnesses and monitor City projects and programs.
28
1692 of 1791
Monitoring of an existing City project ar program may include a report concerning whether the
project is on lime, within budget and in conformance with the contract documents and applicable
law. The Inspector General shall have the power to audit, investigafe, monitor. oversee, inspect
and review operations, activities, pertormance and procurement process including but not limited
to project design, bid specifications, (bid/proposa!)submittals, activities of the 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.
15.3 Upon ten (10) days written notice to the Tenant, the 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 the Tenant its officers, agents and employees; Cobbyists; City staff and
elected officials,to ensure compliance with the cont'ract documents and fo detect fraud and
corruption. . � , '
- ; 15.4 The lnspector Genera( shall have•the r'ight to inspect`and copy all documents and
, ,
records in the Tenant's possession,; custody or�control'.which in the Inspector General's sole
judgment, pertain to pertormance of the contract. including, but not limited`;to origina,l estimate
files,,.,change order estimate files,., worksheets, propasals anci �agreements from; and with
successful subc'ontracto'rs �and �suppliers, �all..:project-related correspondence, memoranda,
instructions, financial documents, construction documents, '. (bid/proposal) and, contract
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 ttie aforesaid documents and recc�rds.
15.5 The 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 examinafion, 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: �
(A) If this Lease is completely or partially terminated, the Tenant shall make available
records reiating to the work terminated until three (3) years after any resulting final termination
t
settlement; and
(B) The 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.
15.6 The provisions in this section shall apply to the Tenant, its o�cers, agents,
employees, subcontractors and suppliers. The Tenant shall incorporate the provisions in this
section in all subcontracts and all other agreements executed by the Tenant in connection with
the performance of this Lease.
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1693 of 1791
15.7 Nothing in this section shall impair any independent right to the City to conduct
audits or investigative activities. The provisions of this section are neither intended nor shall they
be construed to impose any liability on the City by the Tenant or third parties.
ARTICLE XVI. GENERAL PROVISIONS
16.1 Delay. Whenever a period of time is herein prescribed for any action by Landlord
or Tenant, as applicable, Landlord or Tenant, as applicable, shall not,be liable or responsible for,
and there stialt be excluded frorri the computativn of such period of time,any delays due to strikes,
riots, acts of God, pandemics, epidemics, shortages of labor or materials.�war, or governmental
laws,`regulations,.or restrictions in the nature of a prohibition or.r»oratorium, or any�,6ona fide
delay�beyond the.reasonable control of Landlord or Tenant, as applicable. The foregoing shall not
app(y'to any payments ofi money due;,under this Lease,, ; • ,
16.2 Hofding Over. If Tenant remains in possession of the Premises after the end of
the'Term without haVing executed and delivered a new lease or an agreement extending-the Term,
there-shall be no tacit renewal of.this Lease.or.the Term, and Tenant shall be deemed to be
occupying the Premises as a Tenant from month to month at a monthly Minimum Rent payable in
advance on the,.first day of each month equal to twice the morithly amount of Minimum Rent
payable-during the last month of the Term, and otherwise upon the same terms as are setforth in
this Lease, so far as theyare applicable to a monthly tenancy. -
16.3 Waiver: Partial Invalidity. If Landlord excuses or condones any default by Tenant
of any obligation under this Lease, this shall not be a waiver of such obligation in respect of any
continuing or subsequent default and no such waiver shall be implied.All of the provisions of this
Lease are to be construed as covenants even though not expressed as such. If any provision of
this Lease is held ar rendered illegal or unenforceable il shall be considered separate and
severable from this Lease and the remaining provisions of this lease shall remain in force and
bind the parties as though the illegal or unenforceable provision had never been included in this �
Lease.
16.4 Recording. Neither Tenant nor anyone cfaiming under Tenant shall record this
Lease or any memarandum hereof in any public records without the prior written consent of
Landlord. ,
16.5 Notices.Any notice, consent, or other instrument required or permitted to be given
under this Lease shall be in writing and shall be delivered in person, or sent by certified mail,
return receipt requested, or overnight express mail courier, postage prepaid. addressed (i) if to
Landlord, at the address set forth in the Lease Summary; and (ii) if to Tenant, at the Premises or,
30
1694 of 1791
prior to Tenant's occupancy of the Premises, at the address set forth on the Lease Summary.Any
• such notice or ofher instruments shall be deemed to have been given and received on the day
upon which personal delivery is made or, if mailed, then forty-eight (48) hours following the date
of mailing. Either party may give notice to the other of any change of address and after the giving
of such notice, the address therein specified is deemed to be the address of such party,for the
giving of notices. If postai service is interrupted or substantially delayed, a!I notices or other
instruments shal( be delivered in person or by overnight express mail counter.
16.6 Successors; Joint and Several Liability. The �ights and liabilities created by this
Lease extend to and bind the successors and assigns of Landlord and the heirs, executors.
administrators, and permitted successors and assigns of Tenant. No rights, however. shall inure
to the benefit of any transferee unless such Transfer constituting Tenant. their covenants shall be
considered to�be joint and severa! and shaA apply to each and every one of them.
16.7 Captions and Section Numbers. The captions. section numbers. article
numbers, and table of contents appearing in this, Lease are inserted only.;as a matter ,of
convenience and in no way.affect the:substance of this Lease. ; . � .._ . � �_ . '
;. � �. � . ,
, .
, 16.8 Extended; Meanings.'The words "hereof," "hereto," "hereunder," and similar
expre'ssions used in this Lease relate.to the whote;of`this Lease and;not only to the provisions in
which�such expressions appear. This Lease shali be read with all changes in number and:'gender
as may be appropriate or�equired by the con"text. Any, reference to Tenant includes,-when the
context allows,the employees.�agents, invitee,s;and licensees of Tenant and all others ove`r whom
Tenant might reasonably be expecfed to exercise confrol:�This LeaSe.has been fulfy reviewed and
negotiated by each,party and their counset and;shal( not be more strictiy construed against ei'ther
Pa►�Y� - � � , � , ,
�_;�16.9 Entire Agreement: Governirig Law; Time. This Lease and the Exhibits and
Riders,�-if any, attached hereto are incorporated herein and set fortti the entire agreement befinreen
Landlord and Tenant concerning the Premises and there are no other agreements or
understandings between them.This Lease and its Exhibits and Riders may not be modified except
by agreement in writing executed by Landlord and Tenant. This Lease shall be construed in
accordance with and governed by the faws of the State of Florida. Time is of the essence of this
Lease.
16.10 No Partnership.The parties hereby acknowledge that it is not their intention under
this Lease to create between themselues a partnership, joint venture, tenancy-in-common, joint
tenancy, co-ownership, or agency relationship. Accordingly, notwithstanding any expressions or
provisions contained herein, nothing in this Lease, whether based on the calculation of rental or
otherwise. shall be construed or deemed to create,or to express an intent to create. a partnership,
joint venture, tenancy-in-common, joint tenancy, co-ownership or agency relationship of any kind
or nature i,vhatsoever between the parties hereto. The provisions of this section shalt survive
expiration of the Term.
16.11 Quiet Enjoym�nt. ff Tenant pays rent and other charges and fully observes and
performs all of its obligations under this Lease, Tenant shall be entitled to peaceful and quiet
31
� 1695 of 1791
enjoyment of the Premises for the Term without interruption or interference by Landlord or any
person cl�iming through �andiord. ,
16.12 Brokerage. Landlord and Tenant each represent and warrant one to the other that
except as set forth in the Lease Summary, neither of them has employed any broker in connection �
with the negotiations of the terms of this Lease or the execution thereof. Landlord and Tenant
hereby agree to indemnify and to hold each ofher harmiess againsf any loss, expense. or liability
with respect to any claims for commissions or brokerage fees arising from or out of any breach of
the foregoing representation and warranty. Landlord recognizes the broker(s) specified in the
Lease Summary as the sole broker(s)with whom Landlord has dealt in this transaction and agrees
to pay any commissions determined to be due said broker(s).
16.13 Radon Notice. Chapter 88-285, Laws of Florida, requires the following notice to
be provided with respect to the contract for sale and purchase of any building, or a rental
agreement for any building. RADON GAS: Rado{rr is a naturally occurrirtg rad'ioactive gas that;
when it has accumulated in a building in sufficient quantities, may;present health risks to persons
who are exposed to it over time. Leveis of radon that exceed federal and state guidelines have
been found in builciings in Florida.Additional information regarding radon and radon testing may
be obtained from your counfy pub(ic fiealth unit':;: ' �
- � .. '
96.14 No Discrimination. Tenant hereby agrees hereby agrees to comply with City of
Miarrii Beach Human Rights Ordinance. as codified in Chapter 62-of the City Code. as may be
amended from time to time, prohibiting discrimination; in� emplayment jincluding independent
; , ,
contractors), housing, public accorr�modat�ons, public services, and in connection with its
mem6ership„or policies. because oi'actual or perceived race, color; national origin, religion, sex,
intersexuality, sexual orient�tion, gender identity, familia!and`marita!status, age, ancestry, height,
weight, liair texture and/or�hairstyle, domestic partner status, labor organization membership,
famifiai situation, political affiliation. or disability. �
16.15 Execution.This Lease has been submitted for discussion purposes only and shall
not be deemed an offer by either party to the other to enter into this Lease unless and until this
Lease shall have been executed by both parties, indicating their acceptance of the terms and
conditions contained herein.
16.16 TRIAL BY JURY. LANDLORD AND TE(dANT EACH HEREBY WAIVES tTS
RIGHT TO A JURY TRIAL OF ANY ISSUE OR CONTROVERSY ARISING UNDER THIS
LEASE. '
[SIGNATURE PAGE TO FOLLOW]
�
32
1696 of 1791
EXECUTED as of the day and year first above written.
ATTEST: LANDLORD:
MIAMI BEACH REDEVELOPMENTAGENCY,
A public body corporate and palitic
By: By:
Rafael E. Granado, Secretary Eric T. Carpenter, Executive Director
Date:
- , . �. .
ATTEST: TENANT: ' ,
� � Miami-Dade.County Tax Collector's Office ..
; . , r" �, � -
4 , , ... . . . ,
- - , , S .
By: � By; ,
. ; , .. .
VVitness -. Name�tle: -.,
, � . - , , , ' , . .
'Print Narrie � _ . -
Date:
33
1697 of 1791
EXHIBIT "A"
LEGAL DESCRIPTION
Lots 8, 9, 10, 11, 12 and 13, Block 57, Fisher's First Subdivision of Alton Beach, according to the
Plat thereof, as recorded in Plat Book 2, Page 77 of the Public Records of Dade County, Florida,
together with all of 96th Street (Avenue "C"), less and except the following described parcel:
BEGINNING at the Southwest corner of Block 54 of said Fisher`s First Subdivision ofAfton Beach
Plat; thence North 88° O' 53" East along the South line of said Block 54, a distance of 443.08 feet,
to the Southeast corner of said Block 54; thence South 07° 35'04"West, a distance of 96.26 feet,
to a point of cusp with a tangent curve concave to the Southwest; thence afong the arc of said
curve to the left, having a radius of 25.00 feet and a central angel of 90° OQ' 00", an arc distance
of 39.27 feet, to a point of tangency; thence North 82° 24' 52" West, a distance of 24. 75 feet;
thence,,South 88° 00' S3",West albng a line 8.00 feet North of and parallel with, as measured at
right angles to the North line of Block�7 of said p{at,.a distance of 382.18 feet to a point.on the
Easterly Right-of-Way line of Washington Avenue; thence North,01 ° 59' 11" West along said
� �
Easterly Right-of=Way line, a distance of �� ; : . '
. �� � . � ; � � , . , �. �
62.00�feet to the Southwest�corner.of said Block 54 an.d the Point-of�beginning. � �
Said lands lying and�being 'in.the City of Miami_Beach and`�containing 65;910 square feet (1.5131
Ac�es) more or less: - . "� - ' -" _�.
. , . • ,
, . ,
,. � . . - � . � . �.
,.
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34
1698 of 1791
,
EXHIBIT"B"
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� 35
1699 of 1791
EXHIBIT"C"
RULES AND REGULATIONS ,
1. Security. Landlord may from time to time adopt appropriate systems and
procedures for the security or safety of the Retail Space, any persons occupying, using. or
entering the same, or any equipment, furriishings, or contents thereof, and Tenant shall comply
with Landlord's reasonable requirements relative thereto.
2. Return of Keys. At the end of the Term, Tenant shail promptly return to Landlord
all keys for the Retail Space and Premises which are in the possession of Tenant. In the event
any Tenant fails to ceturn keys, Landlord may retain $300.00 of TenanYs securiry deposit for
Iocksmith work and administration.
� 3. �,..Repair, Maintenance, Alterations. ,and Improvements. Tenant shall carry out
Tenant's repair, maintenance, alterations, and improvements in the Fremises only during;time�
agreed to iri advance by Landlord and in a manner which will nof interfere with the rights of
ofher Tenant's in the Retail;Space.; :� : �� ', � '_ .
'' 4. Water Fixtures.Tenant shall not use water fixtures for any purpose for which they '
are not intended, nor shall wafer;be wasted by tampering with. such fixtures. Any cost or
damage resulting from such�misuse by Tenant shail be paid for by Tenant.�. �
5. Personal Use of Premises. The.Premises shall not Eie used or permitted�to be
used for residential, lodging, or sleeping purposes or far the storage of personal'effects or
property not required for business purposes., y ;
6. Heavy Articles. Tenant shal!�not place in or move about the Premises without
Landlord's prior wriften consent any safe or other heavy article which in Landlord's reasonable
opinion may damage the Premises,and Landlord may designate the location of any such heavy
articles in the Premises.
7. Bicycles. Animals. Tenant shall not bring any animals or birds into the Retail
Space and shall not permit bicycles or other vehicles inside or on the sidewalks outside the
Retail Space except in areas designated from time to time by Landlord for such purposes.
8. Deliveries. Tenant shall ensure that deliveries of supplies, fixtures, equipment,
furnishings, wares, and merchandise to the Premises are made through such entrances,
elevators, and corridors and at such limes as may from time to time be designated by Landlord
and shafl prompt(y pay or cause fo be paid to Landlord the cost of repairing any damage in the
Retail Space caused by any person making improper deliveries.
9. Solicitations. Landlord reserves the right to restrict ar prohibit canvassing,
soliciting, or peddling in the Retail Space.
10. aefuse. Tenant shall place all refuse in proper receptacles provided by Tenant at
its expense in the Premises or in receptacles (if any) provided by Landlord for the Retail Space
36
1700 of 1791
and shall keep sidewalks and driveways outside the Retail Space. and lobbies. corridors,
� stairwells. ducts, and shafts of the Retail Space,.free of all refuse.
11. Obstructions. Tenant shall not obstruct or place anything in or on the sidewalks or
driveways outside the Retail Space or in the lobbies, corridors, stairwells, or other common
areas, or use such locations for any purpose except access to and exit from the Premises
w�thout Landlord's�prior written consent. Landlord may remove at Tenant's expense any such
obstruction or thing caused or placed by Tenant (and unauthorized by Landlord)without notice
or obligation to Tenant.
12. Proper Conduct. Tenant shall not conduct itself in any manner which is
inconsistent with the character of the Retai( Space as a firsf qualify refiai( center, ar which wilf
impair the comfort and convenience of other Tenant's in the Retail Space.
13. Empfoyees. Agents, and tnvifees. In these Rules and Regulations, "TenanY'
includes the empfoyees,agents,invitees,and licensees of Tenant and;others permitted by Tenant:
lo use or�occupy the Premises. , '
: �� . ,
' 14. Pest.ControL In order,to.maintain satisfactory and uniform pest control throughout
the Retail Space,Tenant_shall engage for its own Premises and at its sole cost, a qualifie;d pest
ezter,mination cont�actor..either designated or'approved by Lanc!lord. who shall perform pest
control a►�d exterminatian'services;in the Premises at'�such intenials as reasonably required or
as may be directecf by l.andlord. . � , ` _ _ � _
� .
37
17�1 of 1791
EXHIBIT "D"
TENANTIMPROVEMENTS
;. , - . ,
38
1702 of 1791
EXHIBIT "E"
LANDLORD'S SIGNAGE CRITERIA .
Tenant Sign Standards— 16th Street and Washington Avenue Frontages
Tenant signage is to be located in the 6'-0"wide transom panel above the entrance doors to each
space.
One 15amp 110voIt AC electrical circuit has been provided at the designated sign location above
the entrance doors for illuminated Tenant signage. The area of the sign shall not exceed twenty
(20) square feet.
Three-:(3) tubular aluminum.mounfing raiis are provided on the transom fcaming, in front of_the
glass line. The�Tenant sign sha(( mount to the raits.and shall be composed of individual letters;
symbols, or decorative elemenfs. The individua( letfers are encou�aged to be neon illuminated.
. , � ,
No box signs are aAowed so as to maintain maximum,transparency of the storefront line..
. .. ������9� --��
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39
., 1703 of 1791
Receiving Door Signs
Each store shall have a sign identifying their receiving door, adjacent to the latch side of the
door. Tenant shall,provide acid etched aluminum panel with blind studs, silicone cemented to
the wall at 5'-O" above the finished floor. Tenant name copy shall be acid-etched, and paint
filled.
. �
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40
1704 of 1791
EXHIBlT "F"
PROHIBITED USES
1. In no event may the primary business at the Premises engage in the operation of a cocktail
lounge.
2. In no event may the primary business at the Premises engage in the operation of a Cuban
or Latin Cuisine.
It is not the intent of Prohibited Uses to limit TenanYs Permitted Use, but to limit direct competition,
consolidation of inerchandise, services, and business image between tenants. It is understood
there may be some item(s)categories available in multiple locations at the Retai!Space, but there
shall..not be comparabie categories alone with a similar display of business image. _ ,
� -� �- _ . , .
;
. . . , ,, _" ; . _ .
- �
41
� 1705 of 1791