97-22605 RESO
RESOLUTION NO. 97-22605
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY MIAMI
BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE A ONE-YEAR LEASE AGREEMENT WITH GATEWAY DEVELOPMENT
CORPORATION, COMMENCING DECEMBER 15, 1997, AND WITH AN OPTION TO
RENEW FOR ONE ADDITIONAL YEAR, FOR THE LEASE OF 21,500 SQUARE FEET OF
VACANT LAND LOCATED ON THE SOUTHEAST CORNER OF 5TH STREET AND
ALTON ROAD, AT $7.50 PER SQUARE FOOT; SAID LEASE NEGOTIATION BEING
PREVIOUSLY AUTHORIZED AND FUNDED BY RESOLUTION NO. 97-22554, AT
$161,250, AND SAID VACANT LOT TO BE USED AS A TEMPORARY PARKING
FACILITY FOR THE ELECTROWAVE PARK-AND-RIDE/CIRCULATOR SHUTTLE SERVICE.
WHEREAS, the development of a parking lot on the south side of Fifth Street to capture the
incoming MacArthur Causeway visitor/tourist traffic is essential to the success of the nascent
Electrowave Service; and
WHEREAS, on October 8, 1997, the Mayor and City Commission adopted Resolution No. 97-
22554, authorized the Administration to negotiate a Lease Agreement for the purpose of providing a
temporary parking facility for the Electrowave Service; and
WHEREAS, Resolution No. 97-22554 also appropriated $186, 250 in FY 1997-98 City Bridge
Loan Funds, of which $161,250 were allocated to fund the first-year Lease cost for the temporary
parking facility, and $25,000 for the City to remove a temporary structure on the leased property and
clear this and the neighboring City-owned site for parking lot preparation purposes; and
WHEREAS, the Administration would recommend that the Mayor and City Commission approve
the attached Lease Agreement with Gateway Development Corporation for the lease of 21,500 square
feet of vacant land to be used as a temporary park-and-ride facility for the Electrowave Service.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, that the Mayor and City Clerk are hereby authorized to execute the
attached one-year Lease Agreement with Gateway Development Corporation, commencing in December
15, 1997, and with an option to renew for one additional year, for the lease of 21,500 square feet of
vacant land located on the southeast corner of Fifth Street and Alton Road, at $7.50 per square foot,
to be used as a temporary parking facility for the Electrowave Park-and-Ride/Circulator Shuttle Service;
said lease negotiation being previously authorized and funded by Resolution No. 97-22554, at
$161,250.
PASSED AND APPROVED this the 3rd day of
December
,1997.
ATTEST:
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APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
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CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
http:\\cLmiami-beach.f1.us
TO:
FROM:
SUBJECT:
COMMISSION MEMORANDUM No./00-ql
Mayor Neisen O. Kasdin and
Members of the City Commission
Jose Garcia-Pedrosa W
City Manager ..
I
A RESOLUTION Of ITHE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEAC~ FLORIDA. APPROVING AND AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE A ONE-YEAR LEASE
AGREEMENT WITH GATEWAY DEVELOPMENT CORPORATION.
COMMENCING DECEMBER 15. 1997. AND WITH AN OPTION TO
RENEW FOR ONE ADDITIONAL YEAR. FOR THE LEASE OF 21,500
SQUARE FEET OF VACANT LAND LOCATED ON THE SOUTHEAST
CORNER OF 5TH STREET AND ALTON ROAD, AT $7.50 PER SQUARE
FOOT; SAID LEASE NEGOTIATION BEING PREVIOUSLY AUTHORIZED
AND FUNDED BY RESOLUTION NO. 97-22554. AT $161.250. AND
SAID VACANT LOT TO BE USED AS A TEMPORARY PARKING FACILITY
FOR THE ELECTROWA VE PARK-AND-RIDE/CIRCULA TOR SHUTTLE
SERVICE.
DATE: December 3, 1997
ADMINISTRATION RECOMMENDATION
Approve the Resolution.
BACKGROUND
The development of a temporary parking Jot on the south side of 5th Street to capture
the incoming MacArthur Causeway visitor/tourist traffic, is urgently needed by the
ELECTROWA VE Park-and-Ride/Circulator Shuttle Service, due to be inaugurated on
January 24, 1998.
Responding to this need, on October 8, 1997, the City Commission adopted
Resolution No. 97-22554, which is herein attached. The Resolution authorized the
Administration to negotiate a one-year land lease agreement with Gateway
Development Corporation. The Resolution also allocated funds to cover the first-year
lease cost, as stated in the Analysis section, below.
The property is located within Block 103, Ocean Beach Addition No.3, bounded by
Fifth Street, Lenox Avenue, 4th Street and Alton Road, at the corner of 5th Street and
Alton Road, adjacent to a vacant City lot at 4th Street and Alton Road, which will also
be utilized for park-and-ride purposes.
AGENDA ITEM
R.l])
12-3-9~
DATE
I
ANAL YSIS
The terms of the negotiated Lease Agreement are as follows:
~ A one-year lease, beginning December 15, 1997, with an option to renew for
one additional year.
~ Approximately 21,500 square feet of paved land at $7.50 per square foot, for
a total cost of $161,250.
~ This leased parcel will yield 46 parking spaces, plus 22 on the adjacent City-
owned lot. The square-footage calculation, above, does not include the 20
spaces allocated by zoning requirements to Burger King and Carvell Ice Cream,
which can be used for park-and-ride purposes later in the evenings. There will
be approximately 88 total parking spaces available.
~ The City agrees to remove a temporary structure, clear/grub, resurface and
stripe the leased lot, as needed.
~ The City, after removing the temporary structure, will cap the sewer line and
relocate the water line/connection box to the site's perimeter, as indicated by
the property owner.
In addition, the City will screen both the leased lot and the City-owned lot with
appropriate landscaping.
The funding sources for the lease and temporary parking lot preparation are as follows:
~ Resolution No. 97-22554 has appropriated $186,250 in FY 1997-98 bridge
loan funds, to be repaid from South Pointe tax increment bond funds. The loan
has allocated $161,250 for the first-year lease cost and $25,000 to remove
a temporary structure on Gateway's property, resurface/stripe the lot as needed,
remove a masonry wall on City property, and clear/grub both lots for temporary
parking lot preparation.
~ The Parking Department will prepare the City lot using proceeds from a Parking
Revenue Bond Fund, as previously planned.
CONCLUSION
Due to the importance of having this site as a temporary park-and-ride lot for the
ELECTROWA VE Service, the Administration recommends approval of the negotiated
Lease Agreement and its enabling Resolution.
JGP/~
(svrlease)
LEASE AGREEMENT FOR TEMPORARY PARKING FACILITY FOR THE
ELECTROWAVE PARK-AND-RIDE/CIRCULATOR SHUTTLE SERVICE
THIS ~GREEMENT (the "Lease") entered into this -3--
day of . ~, 199-=1 by and between GATEWAY DEVELOPMENT
CORP., a Florida corporation, 1100 - 5th Street, Second Floor,
Miami Beach, Florida 33139 (hereinafter called the "Lessor"), and
the CITY OF MIAMI BEACH, a Florida municipal corporation located at
City Hall, 1700 Convention Center Drive, Miami Beach, Florida
33139 (hereinafter called the "Lessee"):
WIT N E SSE T H:
That the said Lessor does this day lease unto said Lessee, and
said Lessor does hereby hire and take as Lessee under said Lessor
21,500, plus or minus, square feet of vacant land located at 5th
Street and Alton Road, Miami Beach, Florida as set forth on the
sketch attached hereto as Exhibit "A" (the "Demised Premises"), to
be used and occupied by the Lessee as a parking lot for Electrowave
Park-and-Ride\Circulator Shuttle Service and for no other purposes
or uses whatsoever, for the term of one (1) year, subj ect and
conditioned on the provisions of this Lease, beginning December 15,
1997, and ending on December 14, 1998, at and for the agreed total
rental of ONE HUNDRED SIXTY ONE THOUSAND TWO HUNDRED FIFTY AND
NO/I00 ($161,250.00) DOLLARS, as follows:
A.
$13,437.50 upon the execution of this
represents the rental due on December 15,
Lease, which
1997; and
B. A like sum of $13,437.50 on the first day of each and
every month thereafter for the full term of this Lease
and any renewals thereof; and
C. Simultaneously with this payment and all monthly rental
payments to Lessor, Lessee shall pay all applicable sales
or use taxes.
All payments to be made to the Lessor without demand at the
office of Lessor, 1100 - 5th Street, Second Floor, Miami Beach,
Florida 33139, or at such other place and to such other person, as
the Lessor may from time to time designate in writing.
The parties hereto further agree as follows:
~
a. This is an absolute net, net, net Lease and Lessee shall
pay its proportionate share of all costs and expenses in connection
with the Demised Premises, including but not being limited to real
estate taxes, assessments, all required insurance, maintenance and
all operating expenses. Lessor shall pay any mortgage expenses.
Lessee's proportionate share shall be sixty-two (62%) percent of
the aforesaid costs and expenses, with Galben Group, Inc. being
responsible for thirty-eight (38%) percent thereof.
b. That Galben Group, Inc. leases from Lessor an adjoining
parcel of land where there has been constructed, and there is
currently operating, a Burger King restaurant and drive through
being known as 1100 - 5th Street, Miami Beach, Florida.
c. Lessor is leasing the Demised Premises to Lessee on an
"as-is" basis. Lessee agrees to remove the existing one-story
building from the Demised Premises and relocate any utilities,
including but not being limited to water and sanitary sewers and
irrigation system to a new location approved by Lessor. All of the
above shall be at Lessee's expense.
d. That the Lessee also agrees, at its expense, to repave
and stripe the parking lot and shall provide electrical pole
lighting on the Demised Premises like the existing street pole
lighting located in the area.
The parties hereto for themselves, their heirs, distributees,
executors, administrators, legal representatives, successors, and
assigns, hereby covenant and agree as follows
1. Lessee shall pay the rent herein reserved at the times
and in the manner stated herein.
2. Lessee shall pay its proportionate share for gas,
electricity and other illuminant and power, all waste and sewage
disposal and garbage collection charges, and for water used upon
and in connection with the said Demised Premises, not more than ten
(10) days after the same shall become due and payable.
3. Lessee shall not assign, mortgage or encumber its
interest in this Lease or underlet, or suffer or permit the Demised
Premises or any part thereof to be used by others without the prior
written consent of the Lessor in each instance. Lessee further
covenants that the said Demised Premises will not be used for any
purpose that will invalidate any policies of insurance now or
hereafter written on the improvements located on said Demised
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2
Premises or will increase the rate of premium thereof.
4. Lessee, at its sole expense shall comply with all laws,
orders and regulations of federal, state, county, municipal, and
other governmental authorities, and with any direction of any
public officer or officers pursuant to law, which shall impose any
violation, order or duty upon Lessor or Lessee with respect to the
Demised Premises or the use or occupancy thereof.
5. Lessee shall not permit or suffer any unreasonable noise,
disturbance or nuisance whatsoever on said Demised Premises
detrimental to same or annoying to the neighbors. Lessee
acknowledges that the Demised Premises has been received in
thoroughly good order, tenantable condition and repair, of which
the execution of this Lease, and taking possession thereunder shall
be conclusive evidence; that no representation as to the condition
of said Demised Premises has been made by the Lessor, or Lessor's
agents, and that no obligation as to the repairing, adding to, or
improving said Demised Premises has been assumed by the Lessor,
except as herein provided, and that no oral arrangements have been
entered into in consideration of making this Lease and that said
Lease contains a full statement of the obligations of both parties
hereto.
6. That the Lessee will keep in good, sound, clean,
tenantable condition and repair during the continuation of the term
herein the Demised Premises, and every part thereof, including the
plumbing, sewer lines, septic tanks, if any, and will not suffer or
permit any strip or waste of the Demised Premises. Mechanical
equipment shall be placed and maintained by Lessee, at Lessee's
expense, in settings sufficient in Lessor's judgment to absorb and
prevent vibration, noise, and annoyance. The plumbing shall not be
used for any purpose other than those for which they were designed
or constructed, and no sweepings, rubbish, rags, acids, or like
substances shall be deposited therein.
7. That the Lessor, or Lessor's agent, may at any reasonable
time enter and view said Demised Premises, and make repairs, if
Lessor should elect to do so.
8. If prior to, or on the commencement date
or if at any time during the term hereby demised,
filed by or against Lessee in any court, pursuant
ei ther of the United States or of any State,
bankruptcy or insolvency or for reorganization
of this Lease,
there shall be
to any statute
a petition in
or seeking
an9X
3
arrangement with Lessee's creditors, or for the appointment of a
receiver or trustee of all or a portion of Lessee I s Demised
Premises, and wi thin thirty (30) days thereof Lessee fails to
secure a discharge thereof, or if Lessee makes an assignment for
the benefit of creditors or petitions for or enters into an
arrangement with creditors, this Lease, at the option of Lessor,
may be cancelled and terminated and in which event neither Lessee
nor any person claiming through or under Lessee by virtue of any
statute or of an order of any court shall be entitled to possession
or to remain in possession of the Demised Premises but shall
forthwith quit and surrender the Demised Premises, and in addition,
Lessor may exercise the other rights and remedies Lessor has by
virtue of any other provision in this Lease contained or by virtue
of any statute or rule of law.
9. Upon the performance by the Lessee of all the covenants
and agreements hereinabove set forth, in case the Demised Premises,
or any part thereof, shall at any time be destroyed or so damaged
by fire or other elements as to be unfit for occupancy or use by
the Lessee, then and in that event, the Lessor shall have the
option (1) to terminate this Lease, (2) to repair and rebuild the
said Demised Premises, remitting rents hereby reserved, or a fair
and just proportion thereof, according to the damage sustained,
until the said Demised Premises are reinstated and made fit for
occupancy and use; and in the event the Lessor elects to exercise
the option to repair and rebuild, the same shall be done and
completed within a reasonable time. In any event, the Lessor shall
notify the Lessee, within thirty days of the destruction or damage,
of Lessor's decision to either terminate this Lease or repair and
rebuild.
10. If the said Lessee shall occupy said Demised Premises
with or without the consent of the Lessor after the expiration of
this Lease, and rent is accepted from said Lessee, such occupancy
and payment shall be construed as an extension of this Lease for
the term on one month only from the date of such expiration; and
occupation thereafter shall operate to extend the Lease from month
to month only unless other terms of such extension are endorsed
herein or hereon in writing and signed by the parties hereto.
11. Lessee covenants and agrees to provide policies of
insurance generally known as public liability policies, and/or
owners, landlord and tenant policies, and all other types of
policies necessary or proper insuring the Lessee and Lessor against
all claims and demands made by any person or persons whatever for
injuries received in connection :ith the operation and maintenanc~
of the Demised Premises and the business operated therein by
Lessee, to the extent of not less than THREE MILLION DOLLARS
($3,000,000.00) to cover claim of damage from any single or
specific cause by anyone person, and to the extent of not less
than ONE HUNDRED THOUSAND DOLLARS ($100,000.00) to cover, in
connection with anyone particular accident or occurrence, the
total aggregate of claims that may arise or be claimed to have
arisen against the Lessor or Lessee as aforesaid. The Lessor shall
be named as an additional insured under all insurance policies, and
copies of said insurance policies shall immediately be sent to the
Lessor.
12. This Lease shall be subj ect and subordinate to any
mortgage or deed of trust now on the Demised Premises, or which may
hereafter be made on account of any bona fide loan to be placed on
said Demised Premises by the Lessor to the full extent of all debts
and charges secured thereby; and to any renewals and extensions of
all or any part thereof, which said Lessor may hereafter at any
time elect to place on said Demised Premises, and said Lessee
agrees upon request to hereafter execute any paper or papers which
counsel for the Lessor may deem necessary to accomplish that end,
and in default of the Lessee I s so doing, the Lessor is hereby
empowered to execute such paper or papers in the name of the Lessee
and as the act and deed of said Lessee and this authority is
declared to be coupled with an interest and not revocable.
13. At the expiration of said term, said Lessee shall quietly
and peaceably deliver said Demised Premises to the Lessor in the
same repair and condition in which they were received, wear and
tear excepted, broom clean.
14. Upon the performance by Lessee of all the conditions
hereinabove set forth on the part of the Lessee to be kept and
performed, Lessee may quietly have, hold, occupy and use the above
described Demised Premises without interruption by the Lessor;
provided that, upon the breach of any of the covenants, conditions
and stipulations herein contained to be kept and performed by the
Lessee, this Lease may be terminated and/or the Lessor may exercise
any of the options herein provided for the Lessor's benefit in case
of default on the part of the Lessee.
15. Lessor has no obligations for repairs of any kind, nature
or description to the Demised Premises.
16. (a) If Lessee defaults in fulfilling any of the
covenants of this Lease other than the covenants for the payment of
5
f1
rent or additional rent, then, in anyone or more of such events,
upon Lessor's serving a written five (5) days' notice upon Lessee
specifying the nature of said default and upon the expiration of
said five (5) days, if Lessee shall have failed to comply with or
remedy such default, or if the said default or omission complained
of shall be of such a nature that the same cannot be completely
cured or remedied within said five (5) day period, and if Lessee
shall not have diligently commenced curing such default within such
five (5) day period, and shall not thereafter with reasonable
diligence and in good faith proceed to remedy or cure such default,
then Lessor may serve a written three (3) days' notice of
cancellation of this Lease upon Lessee, and upon the expiration of
said three (3) days, this Lease and the term thereunder shall end
and expire as fully and completely as if the date of expiration of
such three (3) day period were the day herein definitely fixed for
the end and expiration of this Lease and the term thereof and
Lessee shall then quit and surrender the Demised Premises to Lessor
but Lessee shall remain liable as hereinafter provided.
(b) If the notice provided for in (a) hereof shall have
been given, and the term shall expire as aforesaid; or
(i) if Lessee shall make default in the payment of
the rent reserved herein or any item of additional rent herein
mentioned or any part of either or in making any other payment
herein provided; or
shall be
whereupon
attempted
(ii) if any execution, attachment or other process
issued against Lessee or any of Lessee's property
the Demised Premises shall be taken or occupied or
to be taken or occupied by someone other than Lessee; or
(iii) if Lessee shall make default with respect to
any other Lease between Lessor and Lessee; or
(i v) if Lessee shall fail to move into or take
possession of the Demised Premises within fifteen (15) days after
commencement of the term of this Lease, of which fact Lessor shall
be the sole judge; then and in any of such events Lessor may
without notice, re-enter the Demised Premises either by force or
otherwise, and dispossess Lessee and the legal representative of
Lessee or other occupant of Demised Premises by summary proceedings
or otherwise, and remove their effects and hold the Demised
Premises as if this Lease had not been made, and Lessee hereby
waives the service of notice of intention to re-enter or to
institute legal proceedings to that end; or else Lessor may, at
6
9P
Lessor's option, elect to declare the entire rent for the balance
of the term, or any part thereof, due and payable forthwith; or
else Lessor may take possession of the Demised Premises and rent
the same for the account of the Lessee; or else exercise such other
remedy provided by law or this Lease. If Lessee shall make default
hereunder prior to the date fixed as the commencement of any
renewal or extension of this Lease, Lessor may cancel and terminate
such renewal or extension agreement by written notice.
17. 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 to 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 s or be deemed to be a waiver of such
breach, and no waiver by the Lessor of any of the provisions
hereof, or any of the Lessor's rights, remedies, privileges or
options hereunder shall be deemed to have been made unless made by
the Lessor in writing. If the Lessor shall consent to the
assignment of this Lease or to a subletting of all or a part of the
Demised Premises, no further assignment or subletting shall be made
without the written consent of the Lessor first obtained. No
surrender of the Demised Premises for the remainder of the term
hereof shall be valid unless accepted by the Lessor in writing.
18. Any charges against the Lessee by the Lessor for services
or for work done on the Demised Premises by order of the Lessee, or
otherwise accruing under this Lease, shall be considered as rent
due and shall be included in any lien for rent due and unpaid.
19. Time is of the essence of this agreement and this applies
to all the terms, covenants and conditions contained herein.
20. Any notice, or other necessary formal written
communication, to or from the City, and from or to the Contractor
shall be considered delivered when posted by Certified Mail or
delivered in person, respectively to:
7
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The Lessee:
Harry S. Mavrogenes, Assistant City Manager
City of Miami Beach
1700 Convention Center Drive, DDHPS
Miami Beach, Florida 33139
Copies to:
Murray H. Dubbin, City Attorney
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
The Lessor:
James F. Silvers, President
Gateway Development Corp.
1100 - 5th Street, Second Floor
Miami Beach, Florida 33139
Copies to:
Edward E. Levinson, Esq.
407 Lincoln Road, PH-SE
Miami Beach, Florida 33139
21. Litigation Jurisdiction\Venue: This Lease shall be
enforceable in Dade County, Florida, and if legal action is
necessary by either party with respect to the enforcement of any or
all of the terms or conditions herein exclusive venue for the
enforcement of same shall lie in Dade County, Florida.
22. If the whole or any part of the Demised Premises shall be
acquired or condemned by Eminent Domain for any public or quasi-
public use or purpose, and in the case of a partial taking does not
allow for the continued use of the Demised Premises for the
purposes intended herein, then in that event the term of this Lease
shall cease and terminate from the date of title vesting in such
proceeding and Lessee shall have no claim against Lessor for the
value of any unexpired term of said Lease. In the event the
partial taking allows the reasonable continued use of the Demised
Premises from the purposes intended herein, then in that event the
Lessee shall continue to pay the rental called for herein without
any interruption in said payment.
23. The terms Lessor and Lessee as herein contained shall
include singular and/or plural, masculine, feminine, and/or neuter,
wherever the context so requires or admits.
24. That so long as Lessee is not in default under the terms
and conditions of this Lease, Lessee shall have an option to renew
this Lease on the same terms and conditions, beginning December 15,
1998, and ending on December 14, 1999. Lessee agrees to give
8
Lessor ninety (90) days' written notice of its intention to renew
this Lease.
25. In the event either party is joined as a party in any
lawsuit or other legal proceeding or legislative or executive
hearing arising out of or because of this Lease, or the occupation
of the Lessee hereunder, or in the event either party defaults in
any of the terms or conditions of this Lease and by reason therefor
either party employs the services of an attorney to enforce
performance thereof to perform any service based upon said default,
then, in any of said event, whether suit be brought or not, the
nonprevailing party agrees to pay a reasonable attorney's fee and
all expenses and costs incurred by the prevailing party pertaining
thereto or in the enforcement of any remedy available to the
prevailing party.
26. This Lease shall be governed in accordance with the laws
of the State of Florida.
27. Radon Gas: Radon is 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
guidelines have been found in buildings in Florida. Additional
information regarding radon and radon testing may be obtained from
your county public health unit.
[THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK]
9
IN WITNESS WHEREOF, the respective parties hereto have caused
these presents to be signed, sealed and delivered as of the day and
year first above-written.
LESSOR:
GATEWAY DEVELOPMENT CORP, a
Florida corporation
By:
.I
(As to Lessor)
[CORPORATE SEAL]
LESSEE:
CITY OF MIAMI BEACH, a Florida
municipal corporation
By:
1!d
Mayor
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City Clerk
RJA: F: \ATTO\AGUR\AGREEMNT\LEASE\GATEWAY . eMS
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