Agreement
JLEASE AGREEMENT
'(;1
THIS LEASE, executed this Wt.... day of June, 1999, between CITY OF MIAMI
BEACH, a Florida municipal corporation (Lessor) and UNIDAD OF MIAMI BEACH, INC., a
non-profit corporation, d/b/a Miami Beach Hispanic Community Center (Lessee).
WITNESSETH: The Lessor, for and in consideration of the rent herein reserved to be
paid by the Lessee, and in consideration of the covenants herein to be kept and performed by the
Lessee, does hereby lease and demise unto the Lessee the following described premises (the
Premises) situated in the City of Miami Beach, County of Dade, State of Florida:
Approximately 468 Sq. Ft. of administrative office space located on
the second floor (southeast comer) of the two story building located
at 833 - 6th Street, Miami Beach, Florida, more particularly
described as Lots 6 thru 11, Block 73, Ocean Beach Addition No.3,
Plat Book 2, Page 81, Public Records of Miami-Dade County,
Florida.
TO HA VE AND TO HOLD the Premises unto the Lessee, beginning on the 1st day of
July, 1999, and ending on the 31st day of May, 2000, the Lessee yielding and paying to the
Lessor the rental sum of one ($1.00) dollar for the Lease term, as agreed by the parties hereto.
Lessee shall also pay, as additional rent, all sales, real estate, use or excise tax(es)
imposed, levied or assessed against the Premises or any other charge or payment required here
by any governmental authority having jurisdiction thereover, even though the taxing statute or
ordinance may purport to impose such tax against Lessor. The payment of sales tax shall be made
by Lessee concurrently with payment of the fixed minimum annual rental. Lessee agrees that it
will pay its Proportionate Share of real estate taxes assessed against the Building and its
Proportionate Share of operating expenses in the Building, as set forth and defined in Paragraph 2
of this Agreement. Lessee's Proportionate Share of real estate taxes will be paid upon demand
accompanied by a copy of the paid tax bill. Lessee's Proportionate Share of operating expenses
will be paid monthly (or as otherwise determined by Lessor) upon demand by Lessor. As used
herein, Lessee's "Proportionate Share" means a fraction the numerator of which is the square
footage of the Premises and the denominator of which is the square footage of all of the rentable
area in the building of which the Premises is a part (Building), including the square footage of the
Premises.
Page 1 of 8
The Lessee agrees to keep, conform to and abide by each of the following covenants which are
hereby made conditions of this Lease:
1. To pay the rent set forth herein in advance, at the times and in the manner
aforesaid, and should the rent herein provided at any time remain unpaid after same shall become
due, the Lessor shall have such remedies as may be granted pursuant to the laws of the State of
Florida. All rent payments shall be made to the Lessor at the following address: City of Miami
Beach Finance Department, c/o Revenue Supervisor, 1700 Convention Center Drive, Third Floor,
Miami Beach, Florida, 33139, or at such other place as the Lessor may, from time to time,
designate in writing.
2. Operating Expenses shall include all costs associated with the maintenance and
operation of the Premises, including utilities and Common Area Maintenance (CAM). Utilities
and CAM shall include, but are not limited to, electricity, water, gas, telephone service and
garbage disposal.
3. The Lessee accepts the Premises in their present "as is" condition, and is
responsible for all interior modifications and maintenance, including entrance doors, windows,
and screens. Lessee must first obtain Lessor's written approval for any alteration, additions
and/or irnprovements to the Premises and then must pay for such modifications, which shall
become Lessor's permanent improvements upon completion. Detailed plans for leasehold
improvements shall be submitted to Lessor within thirty (30) days following execution of this
Agreement by the parties hereto. The Lessee shall have the right to use any equipment,
furnishing and fixtures left by Lessor on the Premises. Lessor represents that such equipment,
furnishing and fixtures, are to be used in their "as is" condition, and that Lessee is solely
responsible for maintaining same, at its sole cost and expense, throughout the duration of this
Agreement. In the event any of the aforesaid items are lost, stolen or damaged, they shall be
replaced or repaired at the sole cost and expense of Lessee, ordinary wear and tear excepted.
Upon expiration of this Agreement, Lessee shall quietly and peacefully redeliver said equipment,
furnishings and fixtures to Lessor. At its option, Lessor may take inventory of the Premises,
including all improvements, equipment, furnishings, and fixtures at any time prior to the
commencement of, or during the term of, this Lease.
4. Lessee agrees that any noise disturbance, inconvenience, disruption, failure of any
facilities, the shutting off of light or access to the Prernises, or any other nuisance or nuisances,
caused by or due to any repairs, alterations, improvements, additions or construction by the
Lessor, its agents, servants or employees to any part or portion of the building and for parking
areas wherein the Premises are located, shall not be deemed or construed as a breach or violation
of the peaceful possession of the Premises on the part of the Lessee. It is specifically further
agreed that any such conditions shall not give rise to any abatement, rebate or diminution of the
rent reserved herein, nor to any liability or responsibility by reason thereof on the part of the
Lessee.
Page 2 of 8
5. It is understood that any property left on the Premises at the expiration of the
Lease, shall be considered abandoned and shall become and be deemed the property of the Lessor.
6. Notwithstanding Paragraph 3 herein, at Lessor's discretion, any and all alterations
or additions made by the Lessee to or in the Premises shall at the request of the Lessor, at the
expiration of the term of this Lease or sooner termination thereof, be removed by the Lessee at
its cost and expense and Lessee further hereby agrees in such event, to restore the Premises to
their original condition as of the date of this Lease.
7. Lessee shall not assign Lessee's interest in this Lease, nor underlet the whole or
any part of the Premises, nor use the same for any purpose other than for use as an administrative
office for the Miami Beach Hispanic Community Center without first obtaining the written consent
to such assignment or underletting, or to such change of purpose for the use of the Premises, from
the Lessor, which consent shall be given, if at all, at Lessor's sole discretion. Lessee further
covenants that the Premises will not be used for any purpose that will invalidate any policies of
insurance now or hereafter written on the building on which the Premises are located, or will
increase the rate of premium thereof.
8. Lessee shall use the Premises in accordance with all laws and ordinances now or
hereinafter applicable; also to exercise all reasonable care in the use of halls, stairs, corridors,
restrooms, and other fixtures and parts of the Premises used in common with other tenants in said
building which may be necessary for the preservation of the property and comfort of the other
tenants.
9. Lessee shall not permit or suffer any noise, disturbance or nuisance whatsoever on
the Premises detrimental to same or annoying to the neighbors, and the Lessee acknowledges that
the Premises have been received in thoroughly good order, tenantable condition and repair, of
which the execution of this Lease, and taking possession hereunder, shall be conclusive evidence.
Lessee further acknowledges that no representations as to the condition of the Premises have been
made by the Lessor, or the Lessor's agent, and that no obligation as to the repairing, adding to,
or improving the Premises has been assumed by the Lessor, and that no oral arrangements have
been entered into in consideration of making this Lease, and that this Lease contains a full
statement of the obligation of both parties hereto.
10. Lessee agrees to keep the interior of the Premises in good condition during the
continuation of the term herein demised, and every part thereof, including the plumbing, doors
and windows, and will keep the same in good, sound, clean condition and repair, ordinary wear
and tear, fire, hurricane or other act of God alone excepted, and will not suffer or permit any strip
or waste of the Prernises.
11. Lessee shall permit the Lessor, or the Lessor's agent, at any reasonable time, to
enter and inspect the Premises, and make repairs, if in the Lessor's sole judgment, the Lessor
should elect to do so.
Page 3 of 8
12. Ifthe Lessee shall not pay the rent herein reserved at the time and in the manner
stated, or shall fail to keep and perform any other condition, stipulation or agreernent herein
contained, on the part of the Lessee to be kept and performed, or if the Lessee shall suffer to be
filed against the Lessee and involuntary petition in bankruptcy or shall be adjudged a voluntary
or involuntary bankrupt or make an assignment for the benefit of creditors, or should there be
appointed a Receiver to take charge of the Premises either in the State or Federal courts, or if the
Lessee shall vacate or abandon the Premises prior to the end of the term hereof, then, in any such
events, the Lessor may, at the Lessor's option and sole discretion, immediately terminate and end
this Lease and re-enter upon the Premises, whereupon the term hereby granted, and at the
Lessor's option, all of the Lessee's right, title and interest in this Lease shall end. The exercise
of any options herein contained shall not be deemed to be exclusive and the Lessor shall at all
times in the event of the Lessee's default hereunder, have such remedies as may be provided by
the laws of the State of Florida.
13. Notwithstanding Paragraph 12 above, this Lease Agreement may be terminated
without cause and for convenience of either party at any time during the term specified, upon
furnishing thirty (30) days written notice to the other party.
14. If the Lessee shall abandon or vacate the Premises when the same is open for
business and shall cease doing business in the Premises, then, at the option of the Lessor, this
Lease shall immediately terminate.
15. The Lessee pledges and assigns unto the Lessor all the furniture and fixtures, goods
and chattels of the Lessee, which may be brought or put on the Premises, as security for the
payment of the rent herein reserved, and as additional consideration for this Agreement.
16. In the event the Premises, or any part thereof, shall at any time be destroyed or so
damaged by fire or other elements so as to be unfit for occupancy or use by the Lessee, then and
in that event, the Lessor shall have the option to terminate this lease or to repair and rebuild the
Premises. In the event the Lessor elects to exercise the option to repair and rebuild, the same
shall be done and completed within a reasonable time, but in no event shall such time be more
than sixty (60) days from the date of the initial damage or destruction rendering the Premises
untenantable.
17. The Lessee shall not attach any signs to the Premises, or place any lettering on the
plate glass windows, unless such signs, and such lettering, have been approved by the Lessor, and
are in conformance with all applicable municipal, County, State and Federal laws.
18. At the expiration of the term hereof, the Lessee shall quietly and peaceably deliver
the Premises to the Lessor in the same repair and condition in which they were received, ordinary
wear and tear excepted.
Page 4 of 8
19. The Lessor covenants that it will keep the exterior roof and walls of the building
in which premises are situated, in good repair. The Lessee shall give to the Lessor seven (7) days
written notice of needed repairs, and the Lessor shall have a reasonable time thereafter within
which to commence said repairs.
20. The terms Lessor and Lessee as herein contained shall include the singular and/or
plural, masculine, feminine, and/or neuter, and heirs, successors, personal representatives and/or
assigns of the parties hereto.
21. The failure of the Lessor in one or more instances to insist upon strict performance
or observance of one or more of the covenants or conditions hereof or to exercise any remedy,
privilege or option herein conferred upon or reserved to the Lessor, shall not operate or be
construed as a relinquishment or waiver for the future of such covenant or condition or of the
right to enforce the same or the exercise such privilege, option, or remedy, but the same shall
continue in full force and effect. The receipt by the Lessor of rent, or additional rent, or any
other payment required to be made by the Lessee, or any part thereof, shall not be a waiver of any
other additional rent or payment then due, nor shall such receipt, though with knowledge of the
breach of any covenant or condition hereof, operate as or be deemed to be a waiver of such
breach, and no waiver by the Lessor of any of the provisions hereof, or any of the Lessor's rights,
remedies, privileges or options hereunder shall be deerned to have been made unless made by the
Lessor in writing. If the Lessor shall consent to the assignments of this Lease or to a subletting
of all or a part of the Premises, no further assignment or subletting shall be made without the
written consent of the Lessor first obtained. No surrender of the Premises for the remainder of
the term hereof shall be valid unless accepted by the Lessor in writing.
22. Lessee represents and warrants that there are no claims for broker's commissions
or finders I fees in connection with the execution of this Lease.
23. Lessee shall not stock, use or sell any article or undertake any activity in the
Premises which may be prohibited by Lessor's insurance policies or which will increase any
insurance rates or premiums for which Lessor is responsible.
24. Should any mechanics I or other liens be filed against the Premises or any part
thereof for any reason whatsoever by reason of Lessee's acts or omissions or because of a claim
against Lessee, Lessee shall cause the same to be cancelled and discharged, of record, by bond
or otherwise within twenty (20 days after the filing of such lien.)
25. In the event the Premises are not ready for occupancy by the Lessee upon the
commencement date hereof, for any reason whatsoever, including the fact that the building in
which the Premises are located has not been completed or sufficiently completed to make the
Premises ready for occupancy, the Lessor shall have no liability to the Lessee by reason of the
Lessor's inability to deliver possession. In such event, the rent set forth herein shall abate until
such time as the Premises are ready for occupancy and the commencement date of the term hereof
Page 5 of 8
shall be deemed to commence upon such date, provided, however, that notwithstanding such
commencement date, this Lease shall expire on the termination date set forth on Page 1 hereof.
26. In the event that it shall become necessary for Lessor to employ the services of an
attorney to enforce any of its rights under this Lease or to collect any sums due to it under this
Lease or to remedy the breach of any covenant of this Lease on the part of the Lessee to be kept
or performed, regardless of whether suit be brought, Lessee shall pay to Lessor such fee as shall
be charged by Lessor's attorney for such services. Should suit be brought for the recovery of
possession of the Leased Premises or for rent or any other sum due Lessor under this Lease, or
because of the breach of any of Lessee's covenants under this Lease, Lessee shall pay to Lessor
all expenses of such suit and any appeal thereof, including a reasonable attorney's fee.
26. Radon is a naturally occurring radioactive gas that, when it is accumulated in a
building in sufficient quantities, may present health risks to persons who are exposed to it over
time. Levels of Radon that exceed Federal and State guidelines have been found in buildings in
Florida. Additional information regarding Radon and Radon testing may be obtained from your
County Public Health Unit.
27. Notice shall be deemed properly given hereunder when made in writing and
deposited in the United States certified or registered mails, with sufficient postage prepaid thereon
to carry it to its addressed destination; and the said notices shall be addressed as follows:
For the Lessor:
City Manager
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
With a copy to:
City Attorney
1700 Convention Center Drive
4th Floor
Miami Beach, Florida 33139
For the Lessee:
UNIDAD of Miami Beach, Inc.
c/o Miami Beach Hispanic Community Center
1701 Normandy Drive
P.O. Box 416479
Miami Beach, Florida 33141
or to such other address as shall from time to time be supplied in writing by any party to the
other.
28. The Lessee shall indemnify, defend and hold Lessor harmless from any and all
claims, liability, losses, and causes of action which may arise out of Lessee's use of the Premises
Page 6 of 8
under this Agreement and shall pay all claims and losses of any nature whatsoever in connection
therewith and shall defend all suits, in the name of Lessor, and shall pay all costs (including
attorney's fees) and judgments which may issue thereon. This indemnification shall not be limited
in any way by the type or amount of insurance carried by Lessee. Lessee shall carry and maintain
in full force and effect at all times during the term of this Agreement the following insurance
coverages:
a. Comprehensive General Liability in the minimum amount of Five Hundred Thousand
Dollars($500,OOO) per occurrence for bodily injury and property damage. This policy must
also contain coverage for premises operation, products and contractual liability .
b. The City must be named as an additional insured on the policies required above. All
Certificates of Insurance shall state: This insurance coverage is primary to all other
coverages provided by the City of Miami Beach.
c. Workers' Compensation and Employers' Liability to meet the statutory requirements of
the State of Florida.
d. All insurance policies shall be issued by companies authorized to do business under the
laws of the State of Florida and must have a rating of B + : VI or better per A. M. Best's Key
Rating Guide, latest edition.
e. Lessee shall furnish original certificates of insurance, evidencing the required coverage,
and receive approval of same, prior to the commencement of operations.
f. Certificates of Insurance shall be approved by the City's Risk Manager and kept on file
in the Finance Department, Insurance and Safety Division, Third Floor, City Hall.
29. Lessor desires to enter into this Lease only if in so doing Lessor can place a limit
on the Lessor's liability for any cause of action for money damages due to an alleged breach by
the Lessor of this Lease, so that its liability for any such breach never exceeds the sum of
$1,000.00. Lessee hereby expresses its willingness to enter into this Lease with Lessee's recovery
from Lessor for any damage action for breach of contract to be limited to a maximum amount of
the amount of $1 ,000.00.
Accordingly, and notwithstanding any other term or condition of this Lease, Lessor hereby agrees
that it shall not be liable to the Lessee for damages in an amount in excess of $1,000.00, for any
action or claim for breach of contract arising out of the performance or non-performance of any
obligations imposed upon the Lessor by this Lease. Nothing contained in this paragraph or
elsewhere in this Agreement is in any way intended to be a waiver of the limitation placed upon
City's liability as set forth in Florida Statutes, Section 768.28.
30. Any litigation between the parties, arising out of, or in connection with this Lease,
shall be initiated in the court system of the County of Miami-Dade, State of Florida.
Page 7 of 8
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and
year stated above.
Signed, sealed and delivered
in the presence of:
LESSOR:
Attest:
CITY ~I BEACH
Mayor
By:
By: (UWr OM~
City Clt:k
LESSEE:
(Seal): UNIDAD of Miami Beach, Inc.
By: Vj/,:I i Li 1
Pretdent
SR:CMC:JD:es
F:\DDHP\$ALL\EL YSE\JOE\UNIDLEAS.HSM
Page 8 of 8
APPROVED AS TO
FORM & lANGUAGE
& FOR EXECUTION
fl~
~