C7F-Negotiate Lease Agmt w- Jaller Grossman Partnership LLC For 6700 N W 36th AA Resolution Of The Mayor And Gity Commission Of The City Of Miami Beach,
Florida, Approving and Authorizing the Administration To Negotiate A Lease
Agreement, Based Upon MaterialTerms Set Forth ln this Resolution, Between
The City Of Miami Beach, As Tenant, And JallerGrossman Partnership LLC, As
Landlord, For Use Of Approximately 18,200 Rentable Square Feet Of Property,
Located At 6700 N.W. 36rH Avenue, Miami, Florida, To Be Used As Storage
Space Primarily ForThe City's Police Department; Said Lease Having An lnitial
Term Of Five (5) Years And Two (2) months, Commencing On August 1,2015,
And Ending On September 30,2020, With One (1) Additional RenewalOption,
At City's Discretion, for a Term Of Five (5) Years; And Further Authorizing The
Mayor And City Glerk To Execute Said Lease Agreement upon successful
the Administration.
Condensed Title:
COMMISSION ITEM SUMMARY
lntended Outcome
Streamline the delivery of services though all departments/Ensure expenditures re
sustainable over time.
Supporting Data (Surveys, Environmental Scan, etc.):
AGEHDA nea C7 F
Item Summary/Recommendation :
The Police Department has exhausted all options for storage of large evidentiary items,
namely vehicles, in the parking garage located at Police Headquarters. Employees of the City
of Miami Beach actively searched for an off-site vehicle / property storage facility to lease. ln
total, over ten properties were considered. The site the Administration is recommending is
located at 6700 NW 36th Avenue, Miami, Fl and has 18,200 square feet (premises). The
Administration seeks authorization to execute a lease for the premises for an initial term of 5
years and 2 months (8-1-2015 through 9-30-2020), with 1 renewal option for a term of 5
years. The monthly rental for the initial term shall be $6,500 per month and the monthly rental
for the renewal term shall be $90,000 per year ($Z,SOO per month) plus any increase in the
amount of real estate taxes assessed aqainst the inq the initialterm.
NA
Financial lnformation:
Source of
Funds:
Amount Account
1 $78,000 01 1-1 130-000323
2
3
OBPI Total
Financial !mpact Summary:
Funds have been identified from the Police Department's current budget and moving forurard
this expense will be included in the Police Department's current service level budoet.
Wendy Rich-Goldschmidt X3054
Chief Daniel J. Oates Jimmy L. Morales
MIAMIBEACH oerc 6-lo15111
MIAMIBEACH
CirY of Miomi Booch, I700 Convenfion Centar Drive, Miomi Beoch, Florido 33 139, www.miomibeochfl.gov
COMMISSION MORANDUM
TO:
FROM:
DATE:
SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVINGAND AUTHORIZING THE ADMINISTRATION TO
NEGOTIATE A LEASE AGREEMENT, BASED UPON
MATERIAL TERMS SET FORTH IN THIS RESOLUTION,
BETWEEN THE CITY OF MIAMI BEACH, AS TENANT,
AND JALLER GROSSMAN PARTNERSHIP LLC, AS
LANDLORD, FOR USE OF APPROXIMATELY 18,200
RENTABLE S-QUARE FEET OF PROPERTY, LOCATED AT
6700 N.W. 36rH AVENUE, MtAMt, FLORTDA; TO BE USEDAS STORAGE SPACE PRIMARILY FOR THE CITY'S
POLICE DEPARTMENT; SAID LEASE HAVING AN tNtTlAL
TERnr OF FlvE (5) YEARS AND TWO (21 MONTHS,
COMMENCING ON AUGUST 1, 2015, AND ENDING ON
SEPTEMBER 30, 2020, wtTH oNE ({} ADDTTTONAL
RENEWAL OPTION, AT THE CITY'S DISCRETION, FOR A
TERM OF FIVE (5) YEARS; AND FURTHER AUTHORIZING
THE MAYOR AND CITY CLERK TO EXECUTE SAIDLEASE AGREEMENT UPON SUCCESSFUL
NEGOTIATIONS BY THE ADMINISTRATION.
ADIIIINISTRATION RECOMIUI EN DATION
Adopt the Resolution.
BACKGROUND
The Police Department located at llO0Washington Avenue has stored vehicles within
the parking garage for many years. These vehicles have been stored for various reasons
to include but not limited to: criminal investigations, marine patrol investigations, auto
theft investigations, accident investigations, forfeitures, and crashed police vihicles.
Some of the vehicles contain bio-hazardous materials such as blood, body tissue and
other bodily fluids. There are also vehicles that contain shards of broken glass,
Mayor Philip Levine and Members/of the City ommission
Jimmy L. Morales, City Manager
June '10, 2015
112
Commission Memorandum
New Lease Agreement - Police Depaftment
June 10,2015
Page 2 of 3
protruding metal parts and a few vehicles / motorcycles that leak oil and other fluids.
Members of the Police Department are often within close proximity to these vehicles.
The designated storage areas for these vehicles are at full capacity and have been so
for some time. Consequently, we are forced to park these vehicles in other designated
parking spaces throughout the garage that were originally designated as employee
parking.
As is required by law, the City is mandated to maintain the integrity of all forfeiture
vehicles. The initial design of the building had a fenced area located on the roof that was
specifically designated for security of forfeiture vehicles. However, placement on the roof
has proven inadequate because the vehicles are unprotected from the elements.
Further, the ground floor of the parking garage is not completely secure, and therefore
not an option.
Beside vehicle and bicycle storage, there are currently four Conex containers, which
hold evidence and are stored in the garage. All of the additional fenced/secured
containment areas within the garage that store additional evidence are also at capacity.
The Police Department has reached a critical point in which additional storage space is
needed for property and evidence.
Additionally, the Parking Department currently has storage needs for several, large
Variable Message Signs (VMS), as well as other vehicles that may require storage.
ANALYSIS
ln order to identify possible solutions, several options were reviewed. The possibility of
storing inoperable vehicles on the roof of the station is not viable because tow
companies can't maneuver a flatbed wrecker through each level of the garage due to
height restrictions. For these same reasons "double stacking" vehicles in a single
parking space is not possible.
The City's Real Estate Office assisted the Police Department and actively searched for
an off-site vehicle / property storage facility to lease. The search criteria used was a
location relatively close to the City of Miami Beach with a property size of at least 1O,OOO
square feet, condensed territory. Some of the locations toured were either too
expensive, had zoning issues or did not meet space requirements. ln total, over ten
properties were considered. The site eventually chosen is located at 6700 NW 36th
Avenue (unincorporated Miami Dade County) and contains approximately 18,200 square
feet.
Lease proposals were negotiated between the City and the Landlord with the initial
asking price of $9,000 per month or $5.93 per square foot. Upon further negotiation, the
Landlord agreed to a fixed monthly rental cost of $6,500 for the five-yeai initial lease
term, with one (1) additional five (5) year renewal option, at a fixed monthly rental cost
for the entire renewal term, calculated by adding the base rental rate of $7,s00, per
month, plus any increase in real estate taxes during the initial lease term. The Lease
Agreement, in substantial form, is attached hereto as Exhibit A (Lease Agreement), and
is subject to Legal and Regulatory approvals as well as final approval by the Landlord.
113
Commission Memorandum
New Lease Agreement - Police Department
June 10,2015
Page 3 of 3
A summary of the proposed lease terms are as follows:
TENANT: city of Miami Beach, a Florida municipal corporation.
LANDLORD: Jaller Grossman Partnership LLC.
PREMISES: 6700 NW 36h Avenue
Miami, Florida 33147
SIZE: Approximately 18,200 square feet
TERM: Five (5) Years
BASE RENT: $4.29 per square foot ($78,000 annually; $6,500 monthly).
lNlTlAL LEASE TERM: August 1,2015 - September 30, 2020
SECURITY DEPOSIT: One (1) month's rent ($6,500.00)
usE: The premises shall be used by the city as a storage
location for the City of Miami Beach police and parking
Departments.
RENEWAL oPTloN: one (1) renewal option for five (s) years, subject to 1g0
days prior written notice to Landlord. The rental rate for
the entire renewal term shall be fixed and shall be
calculated by adding the base rent amount of g4.94 per
square foot ($90,000 per year; 97,500 per month) plus any
increase in the amount of real estate taxes assessed
against the premises between the base year of the initial
term (year 2015) and the last year of the initial term (year
2020).
CONCLUS!ON
The Administration recommends that the Mayor and City Commission adopt the
Resolution approving the proposed Lease Agreement between the City and Jaller
Grossman Partnership.LLC for approximately 18,200 rentable square feet of space
located at 6700 NW 36th Avenue, Miami, Florida.
JLM/DJO/IbMC
Exhibitsi
A Lease Agreement
T:/AGENDA/201 5/JUNUMB PoLlcE DEPT/Memo Police Department warehouse Lease.
114
RESOLUTION NO
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE
ADMINISTRATION TO NEGOTIATE A LEASE AGREEMENT, BASED UPON
THE MATERIAL TERMS SET FORTH IN THIS RESOLUTION, BETWEEN
THE CITY OF MIAMI BEAGH, AS TENANT, AND JALLER GROSSMAN
PARTNERSHIP LLC, AS LANDLORD, FOR USE OF APPROXIMATELY
18,200 RENTABLE SQUARE FEET OF PROPERTY, LOCATED AT 6700
N.W. 36TH AVENUE, MIAMI, FLORIDA, TO BE USED AS STORAGE SPACE
PRIMARILY FOR THE ClffS POLICE DEPARTMENT; SAID LEASE
HAVTNG AN tNtTtAL TERM OF FIVE (5) YEARS AND TWO (2) MONTHS,
COMMENCING ON AUGUST 1, 2015, AND ENDING ON SEPTEMBER 30,
2020, wtTH oNE (1) ADDTTTONAL RENEWAL OpTtON, AT THE CtffS
DISCRETION, FOR A TERM OF FIVE (5) YEARS; AND FURTHER
AUTHORIZING THE MAYOR AND GITY GLERK TO EXECUTE SAID LEASE
AGREEMENT UPON SUCCESSFUL NEGOTIATIONS BY THE
ADM!NISTRATION.
WHEREAS, the Miami Beach Police Department has stored disabled vehicles for a variety
of reasons within the Department's parking garage, located at 1100 Washington Avenue,
Garage for many years; and
WHEREAS, the designated storage for these vehicles has reached full capacity which has
reduced the availability for employee parking; and
WHEREAS, additional Conex storage containers which house evidence are also stored in
the Garage, and are also taking up parking spaces in the Garage; and
WHEREAS, the Administration searched for an alternate site to address the current need for
storage and future storage needs, and, in conducting its due diligence, considered
approximately ten (10) sites which could accommodate this use; and
WHEREAS, the Administration recommends that the City Commission authorize the
negotiation of a lease between the City, as tenant, and Jaller Grossman Partnership LLC, as
landlord, for the site located at 6700 N.W. 36th Avenue, Miami, Florida 33147 (premises), based
upon the following material terms:
LANDLORD:
PREMISES:
SIZE:
TERM:
BASE RENT:
INITIAL LEASE TERM:
Jaller Grossman Partnership LLC
6700 NW 36th Avenue
Miami, Florida 33147
Approximately 18,200 square feet
Five (5) Years
$4.29 per square foot ($78,000 annually; $6,500 monthly)
August 1,2015 - September 30, 2020
115
SECURITY DEPOSIT:
USE:
One (1)month's rent ($6,500.00)
The premises shall be used by the City as a storage
location for the City of Miami Beach Police and Parking
Departments.
One (1) renewal option for five (5) years, subject to 180
days prior written notice to Landlord. The rental rate for
the entire renewal term shall be fixed and shall be
calculated by adding the base rent amount of $4.94 per
square foot ($90,000 per year; $7,500 per month) plus any
increase in the amount of real estate taxes assessed
against the premises between the base year of the initial
term (year 2015) and the last year of the initial term (year
2020); and
RENEWAL OPTION:
WHEREAS, the Administration recommends that, upon successful negotiations, the City
Commission authorize the execution of a lease between the City and Jaller Grossman
Partnership LLC substantially in the form attached hereto and incorporated herein as ExhibituA".
NOW, THEREFORE, BE IT DULY RESOLVED THAT THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby approve and authorize the Administration to negotiate a lease agreement,
based upon the material terms set forth in this resolution, between the City of Miami Beach, as
tenant, and Jaller Grossman Partnership LLC, as landlord, for use of approximately 18,200
rentable square feet of property, located at 6700 N.W. 36th Avenue, Miami, Florida, to be used
as storage space primarily for the City's Police Department; said lease having an initial term of
five (5) years and two (2) months, commencing on August 1, 2015, and ending on September
30,2020, with one (1) additional renewal option, at the City's discretion, for a term of five (5)
years; and further authorize the Mayor and City Clerk to execute said lease agreement upon
successful negotiations by the Administration.
PASSED and ADOPTED this 1Oth day of June, 2015.
ATTEST:
Rafael E. Granado, City Glerk Philip Levine, Mayor
r:\AGENDA\20I s\June\MBPolice oept\Police Department Warehouse Lease Reso
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
6lL[,
Dote116
EXHIBIT
h
Kohn Commercial Real Estate
PO Box 331858
Miami, FL 33233-1858
D.305.794.6704
www. kohncommercia l.com
LEASE AGREEMENT
THIS LEASE AGREEMENT (lease or contract) entered into this day of June, 2015
(Effective Date) by and between Jaller Grossman Partnership LLC, a limited liability company,
hereinafter called the lessor or landlord, party of the first part and City of Miami Beach, a Florida
municipal corporation, hereinafter called the lessee or tenant, party of the second part.
WITNESSETH, that the said lessor does this day lease unto said lessee, and said lessor
does hereby hire and take as tenant the City of Miami Beach under said lessor space, identified by
Folio No. 30-31 16 017 0020, including a warehouse building having +l-18,200 sq ft. and adjoining
area, situated in 6700 NW 36 Avenue, in Miami, State of Florida, (premises) to be used and
occupied by the lessee as office, warehouse, storage use (including storage of vehicles,
containers, and other similar municipal storage uses) and for no other purposes or uses, for the
term of Sixty two (62) months, beginning the 1st day of August, 2015 (lease commencement date)
and efild:in,g,the 30th day of September,2020, at and,,{or the agreed,::rental of Four Hundred Three
Thousand and 00/100 Dollars ($403,000.00) payable as follows:
Months 1-12: August 1 , 2015 - July 31 , 2016 - $6,500.00 per month
Months 13-24: August 1, 2016 - July 31, 2017 - $6,500.00 per month
Months 25-36: Aulust 1, 2017 - July 31,2014 - $O,SOO.00 per month
Months 37-48: August 1,2018 - July 31,2019 - $6,500.00 per month
Months 49-60: August 1,2019 - July 31,2020 - $6,500.00 per month
Months 61-62 August 1, 2020 - September 3O, 2020 - $6,500.00 per month
Landlord acknowledges that tenant is a municipal corporation organized under the laws of the
State of Florida and, as such, is exempt from payment of sales taxes in connection with the rental
payments due under this lease.
Tenant shall have one (1) renewal option for a term of five (5) years, subject to providing landlord
written notice no later than one-hundred twenty (120) days prior to the expiration of the existing
term, or renewal term, as the case may be. The rental for the renewal term shall be subject to a
one (1) time adjustment at the commencement of the first year of the renewal term and thereafter
remain fixed throughout the remainder of the renewal term. The rental for the renewal term shall be
calculated by adding the base rental amount of $90,000 per year ($7,500 per month) plus the
increase in the amount of real estate taxes assessed against the premises during the initial term
(real estate tax increase). The real estate tax increase shall be determined by subtracting the
amount of the real estate taxes assessed during the base year of the initial lease term (year 2015)
from the amount of real estate taxes assessed against the premises for the last year of the initial
term (year 2020). By way of illustration, if the real estate tax increase totaled $7,500, the rent for
the renewal term would be $97,500 per year ($8,125 per month).
Upon execution of lease documents, tenant shall deposit the amount of $6,500.00, which
represents 1 month security deposit and pay the first month's rent in the amount of $6,500.00.
All payments are to be made to the lessor on the first of each and every month in advance without
demand at the office of Jailer Grossman Partnership LLC, located at 44OO NW 19th Ave, Unit K,
Page 1 of 8
117
Kohn Commercial Real Estate
PO Box 331858
Miami, FL 33233-1858
D.305.794.6704
www.kohncommercia l.com
Pompano Beach, FL 33064, in the State of Florida, or at such other place and to such other
person, as the lessor may from time to time designate in writing.
The following express stipulations and conditions are made a part of this lease and are
hereby assented to by the lessee:
FIRST. ASSIGNMENT OR SUBLETTING. The lessee shall not assign this lease, nor sub-let the
premises, or any part thereof nor use the same, or any part thereof, nor permit the same, or any
part thereof, to be used for any other purpose than as above stipulated, nor make any alterations
therein, and all additions thereto, without the written consent of the lessor which will not be
unreasonably withheld, and all additions, fixtures or improvements which may be made by the
lessee, except movable office furniture, shall become the property of the lessor and remain upon
the premises as a part thereof, and be surrendered with the premises at the termination of this
lease.
SECOND: RELEASE. All personal,property placed or moved in the premises abone,{g6efrhed,shall
be at the risk of the lessee or ourned thereof, and lessor shall not be liable for any damage to said
personal property, or to the lessee arising from the bursting or leaking of water pipes, or from any
act of,hegligencer,of any co-tenant or occupants of,the ,building or of any person whomsoever.
THIRD: ORDINANC,E. Lar@rd warrants and represents that as of rEffective Date of this lease the
premises complies with all Federal,.State, and iocal Ordinances (collectively, laws) apllicable to
said premises, and shall be responsible for any costs associated with ensuring compliance with
said laws. The tenant, during the lease term and renewal term (if exercised), shall promptly
execute and comply with the statutes, ordinances, rules, orders, regulations and requirements of
the Federal, State and City Government and of any and all of their Departments and Bureaus
applicable to said premises, for the correction, prevention, and abatement of nuisances or other
grievances, in, upon, or connected with said premises during said term; and shall also promptly
comply with and execute all rules, orders and regulations of the applicable fire prevention codes for
the prevention of fires.
FOURTH: DESTRUCTION OF PREMISES. ln the event the premises shall be destroyed or so
damaged or injured by the fire or other casualty during the life of this agreement, whereby the
same shall be rendered untenantable, then the lessor shall have the right to render said premises
tenantable by repairs within forty five days therefrom. lf said premises are not rendered tenantable
within the said time, it shall be optional with either party hereto to cancel this lease, and in the
event of such cancellation the rent shall be paid only to the date of such fire casualty, the
cancellation herein mentioned shall be evidenced in writing.
FIFTH: ACCEPTANCE. The prompt payment of the rent for said premises upon the dates names,
and the faithful observance of the rules and regulations printed upon this lease, and which are
hereby made a part of this covenant, are the conditions upon which the lease is made and
accepted, and any failure on the part of the lessee to comply with the terms of said lease shall
constitute a default hereunder.
SIXTH: ABANDONMENT. lf the lessee shall abandon or vacate said premises before the end of
the term of this lease, or shall suffer the rent to be in arrears, the lessor may, at his option, forthwith
cancel this lease or he may enter said premises as the agent of the lessee, without being liable in
Page 2 of 8
118
Kohn Commercial Real Estate
PO Box 331858
Miami, FL 33233-1858
o.305.794.6704
www.kohncommercial.com
any way therefore, and relet the premises with or without any furniture that may be therein, as the
agent of the lessee, at such price and upon such terms and for such duration of time as the lessor
may determine, and receive the rent therefore, applying the same to the payment of the rent due
by these presents, and if the full rental herein provided shall not be realized by lessor over and
above the expenses to lessor in such re-letting, the said lessee shall pay any deficiency.
SEVENTH: ATTORNEYS FEES. Lessee agrees to pay the cost of collection and reasonable
attorney's fee on any part of said rental that may be collected by suit of by attorney, after the same
is past due.
EIGHTH: UTILITIES. The lessee agrees that he will pay all charges for, gas, electricity, or other
illumination, and for all water used on said premises directly to the utility provider, and should said
charges for, light or water herein provided for at any time remain due and unpaid for the space of
five days after the same shall have become due, the lessor may, at its option, pay on behalf of the
lessee the outstanding utility bills, for which lessee shall be obligated to reimburse lessor, as
additional rent.
NINTH: ASSIGNMENT FURNITURE & FIXTURE. DELETED
TENTH: LATE FEES Lessee shall be required to pay lessor q.. late fee equal to fifty dollars
($50.001 any rental payments due that remains unpaid for ten (10) days after its due date. Any
rental payments due that remain unpaid for fifteen (15) days shall accrue an additional late fee, of
eighteen percent (18Yo) per annum, or the highest interest rate permitted by law, whichever is less.
ELEVENTH: INSURANCE PROPERTY TAX. Landlord shall be responsible for payments of the
Real Property Taxes assessed against the demised premises, and foi building insurince. Landlord
agrees that it will keep in force :trduring ,,:lhe term of this lease, a landlords o{agrees that it will keep in force ':,r:during ,,:lhe term of this lease, a landlords ody liability
policy.(landtord witl not be providing protection for Tenant's trade fixtures, furnishings, personal
proper| or improvements providing protection against any perits including within the ctaesification
of fire, lightning and windstorm). 'r:r ,
TWELFTH: MAINTENANCE. The lessor, or any of his agents, shall have the right to enter said
premises during all reasonable hours, so long as accompanied by tenant, to examine the same to
make such repairs, additions or alterations as may be deemed necessary for the safety, comfort, or
preservation thereof, or of said building, or to exhibit said premises, and to put or keep upon the
doors or windows thereof a notice "FOR RENT' at any time within one hundred twenty (120) days
before the expiration of this lease. The right of entry shall likewise exist for the purpose of removing
placards, signs, fixtures, alterations, or additions, which do not conform to this agreement, or to the
rules and regulations of the building. Landlord shall be responsible for the roof and the structure of
the building.
THIRTEENTH: RELEASE TO LESSOR. Lessor shall ensure that the premises shall be in good
and operating condition, and in compliance with all applicable laws as of the lease commencement
date, and further agrees to satisfactorily complete the baseline repairs as set forth in the attached
Exhibit "A". Upon completion of said base line repairs, the parties shall execute written confirmation
that all baseline repairs have been completed (Acceptance Date) and lessee accepts the premises
in the condition that exist as of said Acceptance Date, and agrees to maintain said premises in the
same condition, order and repairs as they are as of said Acceptance Date, excepting only
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Kohn Commercial Real Estate
PO Box 331858
Miami, FL 33233-1858
D.305.794.6704
www.koh ncommercia l.com
reasonable wear and tear arising from the use thereof under this agreement, and to make good to
said lessor immediately upon demand, any damage to water apparatus, or electric lights or any
fixture, appliances or appurtenances of said premises, or of the building caused by any act or
neglect of lessee, or of any person or persons in the employ under the control of the lessee.
FOURTEENTH: DAMAGES. lt is expressly agreed and understood by and between the parties to
this agreement, that the landlord shall not be liable for any damage or injury by water, which may
be sustained by the said tenant or other person or for any other damage or injury resulting from the
carelessness, negligence or improper conduct on the part of any other tenant or agents, or
employees, of by reason of the breakage, or obstruction of the water, sewer or soil pipes, or other
leakage in or about the said building. There is no smoking permitted inside the building.
FIFTEENTH: BANKRUPTCY. lf the lessee shall become insolvent or if bankruptcy proceedings
shall be begun by or against the lessee, before the end of said term the lessor is hereby
irrevocably authorized at its option, to forthwith cancel this lease, as for a default. Lessor may elect
to aocept rent from such receiver, trustee, or other judicial officer, ,dgr,!ng the ,term of their
occupancy in their fiduciary @pacity without affecting lessor's rights as contained in this contract,
but not receiver, trustee or other judicial officer shall have any right, title or interest in or to the
above described property by virtue of this contract.
SIXTEENTH: BROKERAGE:; Lessor shall be responsible for the payment of the commission due
Kohn Commercial Real Estate. Each party warrants and represents that he or it has dealt with no
broker other than Kohn Commercial Real Estate in connection with this lease. Each party shall be
responsible to the other for any claims, demands, judgments actions causes of actions,
negligence, and/orrdamage6;: includ,ing reasonable attorney's fees and suit costs in the event that
any person or entity, other than Kohn Commercial Real Estate, claims to have dealt with said party
and elaims to be entitled to a commission in connection with:jhis transaction.
SEVENTEENTH: HEIRS, ASSIGNS, OR SUCCESSORS. This contact shall bind the lessor and its
assigns or successors, and the heirs, assigns, personal representatives, or successors as the case
may be, of the lessee.
EIGHTEENTH: TIME. lt is understood and agreed between the parties hereto that time is of the
essence of this contract and this applies to all terms and conditions contained herein.
NINETEENTH: NOTICES. lt is understood and agreed between the parties hereto that written
notice mailed or delivered to the City of Miami Beach Police Department, 1100 Washington
Avenue, Miami Beach, Florida 33139 shall constitute sufficient notice to the lessee; and written
notice mailed or delivered to the office of the lessor located al 4400 NW 19th Ave, Unit K,
Pompano Beach, FL 33064, shall constitute sufficient notice to the lessor, to comply with the terms
of this contract.
TWENTIETH. RIGHTS. The rights or the lessor under the foregoing shall be cumulative, and
failure on the part of the lessor to exercise promptly any rights given hereunder shall not operate to
forfeit any of the said rights.
TWENTY-FIRST: CHARGES. lt is further understood and agreed between the parties hereto that
any charges against the lessee by the lessor for services or for work done on the premises by
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Kohn Commercial Real Estate
PO Box 331858
Miami, FL 33233-1858
D.305.794.6704
www. kohncommercial.com
order of the lessee or otherwise accruing under this contract to lessee shall be considered as rent
due and shall be included in any lien for rent due and unpaid.
TWENTY-SECOND: SIGNS. lt is hereby understood and agreed that any signs or advertising to be
used, including awnings, in connection with the premises leased hereunder shall be first submitted
to the lessor for approval before installation of same.
TWENTY-THIRD: CARE AND MAINTENANCE OF PREMISES. Lessee acknowledges that the
premises are in good order and repair, unless otherwise indicated herein. Lessee shall, at his own
expense and at all times, maintain the premises in good and safe condition, including plate glass,
electrical wiring, plumbing and heating installations and any other system or equipment upon the
premises and shall surrender the same, at termination hereof, in as good condition as received,
normal wear and tear expected. Lessee shall be responsible for all repairs required, excepting the
roof, exterior, walls, and structural foundations.
TWENTY:F-OURTH: POSSESSION. lf lessor is unable to deliver possession of the pre$isesigt,,rthe
commen@ment hereof, lessor shall neither be liable for any damage caused thereby, nor shall this
lease be void or voidable, but lessees shall not be liable for any rent until possession is delivered.
Lesq€.e may terminate this lease if possession is,,not detivered within 30 of the commencement of
the term hereof.
f DOMAIN;.:If the,:prcmises or any part thereof or any estate:,{herein, orTWENTY-SIXTH: EMINENT DOMAIN;.,If the, mises or any part thereof or any estate:,{herein, or
any other part of the building materially affeding lessee's use of the premises, shall be taken by
eminent domain;',{6is lease shall termi:nete.qn the date when titler,vests pursuant to eyeh taking.
The rent, and any additional rent, shall be apportioned as of the termination date and any rent paid
for any period beyond that date shall be repaid to lessee. Lessee shall not be entitled to any part of
the award for such taking or any payment in lieu thereof, but lessee may file a claim for any taking
of fixtures and improvements owned by lessee, and for moving expenses.
TWENTY-SEVENTH: SECURITY DEPOSIT. Tenant shall deposit with landlord, and landlord shall
hold, $6,500.00, as security for tenant's faithful performance of tenant's obligations (the "security
deposit"). lf tenant fails to pay rent or other charges due hereunder, or otherwise defaults with
respect to any provision of this lease, landlord may use, apply or retain all or any portion of the
security deposit for the payment of any rent or other charge in default or for the payment of any
other sum to which landlord may become obligated by reason of tenant's default. Upon fifteen (15)
days after written demand therefore, tenant shall deposit cash with landlord in an amount sufficient
to restore the security deposit to the full amount hereinabove stated and tenant's failure to do so
shall be a material breach of this lease. Landlord shall not be required to keep said deposit
separate from its general accounts. The security deposit shall be returned to the tenant upon
fifteen (15) days of the lease expiration date or from the date tenant no longer occupies the
building so long as tenant is in compliance with all terms of the lease. No trust relationship is
created herein between landlord and tenant with respect to the security deposit.
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Kohn Commercial Real Estate
PO Box 331858
Miami, FL 33233-1858
o.305.794.6704
www. koh ncommercia l,com
TWENTY-EIGHTH: DEFAULTS AND REMEDIES: Defaults & Remedies: The occurrence of any
one or more of the following events shall constitute a material default and breach of this lease by
tenant: (A) The abandonment and nonpayment of rent and other non-performance of the
obligations of the lease by tenant. (B) The failure by tenant to make any payment of rent or any
other payment required to be made by tenant hereunder, as and when due, where such failure
shall continue for a period of five (5) days after tenant's receipt of written notice thereof. (C) The
failure by tenant to observe or perform any of the covenants, conditions or provisions of this lease
to be observed or performed by tenant, where such failure shall continue for a period of thirty (30)
days after written notice thereof from landlord to tenant; provided, however, that if the nature of the
tenant's default is such that more than thirty (30) days are reasonably required to cure, then tenant
shall not be deemed to be in default if tenant commenced such cure within the thirty (30) day
period and thereafter diligently prosecutes such cure to completion.
ln the event of a default by landlord, tenant shall give landlord notice specifying such default with
particularity, and landlord should have a period of (30) thirty days following the date of such notice
in which to cure such default,,,{plevided, however, ,that if such default reasona$Ly*-r'q6lg,ircs,,more
than (30) thirty days to cure, landl0 ,snould have a reasonable time to cure such,: ultir,:pnovj&d
landlord commences to cure within such (30) days period and thereafter diligently prosecute such
cure to completion).
TWENTY-NINTH: 'SUBORDINATION. This lease is and shall be iubordinated to all existing and
future liens and encumbrances against the property. ,,,
THIRTIETH: RADON GAS. ln accordance with the requirement of Florida Statutes Sedion 404.56
(8) the following notice is hereby given: Radon is a naturally occurring radioactive 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. Levels of Radon that exceed federal and state have been found in
OuitOings in Florida. Additional information regarding radon testing may be obtained from your
counu,Pubtic Health unit''i
'1r..,,,,:.. ,,,,,,, llr'
THIRTY-FIRST: HMARDOUS SUBSTANCES-GENERAL: The term "Hazardous Substances," as
used in this lease shall mean pollutants, contaminants, toxic or hazardous wastes, or any other
substances the use and/or the removal of which is required of the use of which is restricted,
prohibited, penalized by any "Environmental Law", which term shall mean any federal, state or
local law, ordinance or other statute of a governmental or quasi-governmental relating pollution or
protection of the environmenU tenant hereby agrees that (l) no activity will be conducted on the
premises that will produce any Hazardous Substances, except for such activities that are part of
the ordinary course of tenant's business activities (the "permitted Activities") provided said
Permitted Activities are conducted in accordance with all Environmental Laws. Tenant shall be
responsible for obtaining any required permits and paying any fees and providing any testing
required by any governmental agency in connection with said permitting process: (ll) The premises
will not be used in any manner for the storage of any Hazardous Substances except for the
temporary storage of each materials that are used in the ordinary course of tenant's business (the
"Permitted Materials") provided said Permitted Materials are properly stored in a manner and
location meeting all Environmental Laws. Tenant shall be responsible for obtaining any required
permits and paying less and providing any testing required by any governmental agency (lll) no
portion of the premises will be used as a landfill or a dup: (lV) Tenant will not install any
underground tanks of any type: (V) Tenant will not allow any surface or subsurface conditions to
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Kohn Commercial Real Estate
PO Box 331858
Miami, FL 33233-1858
D.305.794.6704
www. kohncommercial.com
exist or come into existence that constitutes or with the passage of time may constitute a public
private nuisance: (Vl) Tenant will not permit any Hazatdous Substances to have brought into the
premises, except for the Permitted Materials described below, and if so brought or found located
thereon, the same shall be immediately removed, with proper disposal; and all required cleanup
procedures shall be diligently undertaken pursuant to all Environmental Laws. Landlord of
landlord's representative shall have the right but not the obligation to enter the premises for the
purpose of inspecting the storage; use and disposal of Permitted Materials are to ensure
compliance with all Environmental Law. Should it be determined, in tenant's sole opinion, that said
Permitted Materials are being improperly stored, used, or disposed of, then tenant shall
immediately take such corrective action as requested by Landlord. Should tenant fail to take such
corrective action within thirty (30) days, landlord shall immediately take such corrective action as
may be required. Should tenant fail to take such corrective action, tenant shall pay any and all cost
associated with said corrective action. lf at any time during or after the term of this lease, the
premises is found to be so contaminated as a result of tenant's sole negligence in connection with
the storing, using or disposing of Permitted Materials (Tenant's Contamination), tenant shall
diligently,instilute proper and thorough cleanup procedures, and to,the extent allowable, and
subject to the limitation on the tenant's liability, a set forth in Section 768.28, Florida Statutes,
tenant agrees to pay the costs associated with Tenant's Contamination. To the extent allowable,
and subject to the limitation on the tenant's liability, as set forth in Section 768.28, Florida Statutes,
tenaht:ragrees to indbmnify and hold landlord harmlesg'rff;om all claims, demand, actions, liabilities,
costs, eipenses, damage-s and obligations or any nature arising from or as a result of the use of
the ffimises by tenant. The foregoing indemnificatioll:,:and the responsibilities of tenant shall
surviverthe termination or expiration of this lease. Nothing contained in this Section Thirty-One
shall be construed as a waiver of sovereign immunity by tenant.
THIRTY-SECOND: ENTIRE, AGREEMENT: The foregoing constitutes the entire agreement
between the parties and fiay be mddifieO onty in writing signed by both parties. The following
Exhibits, if any, have been made part of:lhis leqse before the parties'execution
lN WITNESS WHEREOF, the parties have hereunto executed this instrument for ttlrs;r'purpose
herein expressed, the day and year above written.
Landlord:Witness:
By:
Tenant:Witness:
By:
By:
By:
By:
By:
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Exhibit "A"
BASELINE REPAIRS REQUIRED TO BE PERFORMED BY LANDLORD PRIOR TO LEASE
COMMENCEMENT
On or before the commencement date of the lease, landlord shal! perform the following
baseline repairs to the premises:
o Allev (North side) - Clean up all debris and add/repair security bars on the northwest corner of lot.o Fence - Eliminate center gate doors and replace with fencing and barb wire along the top.o Parking Area East side - Remove all debris/weeds/gravel. Remove section of l-beam that is uplifted
and bent.
o. lnterior,; $sgu.a all wihdows'udth,security bars/ replace broken and/or rnissihg glasiir:.'.'ri:ir ''.,,,,.,ir,:
lo Restrooms - Ensure that plumbing is working properly.
o Light fixtures - Ensure that all fixtures are working properly.
. flre Sprinklefi,,- En_surethat^sprinkler system is working properly. ,,,,.,,,,;,,..
e,, Air Conditioning - Ensure A.C. syStem is working properly.
o North tnterior wall - Patch/seal openings (vents) in the north masonry wall.
- Ensure that all outlets, switches and panels arrer:Wdikihg properly.
Kohn Commercial Real Estate
PO Box 331858
Miami, FL 33233-1858
D.305.794.6704
www. kohncommercia l,com
a
a
a
Exhaust Ceili|}* Fan - tnstall seculily bars and ensure fan is working properly.
,,,9vefteeltqgglsi?l - lnstall electric motors so that the doors can be opened automaticalb from
the outside, instead of manually.
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