2000-23884 RESO
RESOLUTION NO.
2000-23884
A RESOLUTION OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, APPROVING AN AGREEMENT BY AND
BETWEEN THE CITY OF MIAMI BEACH,
AFFORDABLE LANDMARKS, INC. AND NOBLE
COMMUNICATIONS, INC. RELATED TO THE USE OF
OFFICE SPACE AT HISTORIC CITY HALL, LOCATED
AT 1130 WASHINGTON AVENUE, MIAMI BEACH,
FLORIDA
WHEREAS, the City of Miami Beach (City) is the owner of the Real Property located
at 1130 Washington Avenue, Miami Beach, Florida, commonly referred to as Historic City Hall;
and
WHEREAS, there currently exists a Lease Agreement by and between the City and Noble
Communications, Inc. (Noble) for the use of the 5th floor (approximately 1,585 square feet) of
Historic City Hall which expires on August 31, 2003; and
WHEREAS, there currently exists a Lease Agreement by and between the City and
Affordable Landmarks, Inc. (Affordable) for the use of the 4th floor (approximately 1,585 square
feet) of Historic City Hall, which is set to expire on June 15, 2000; and
WHEREAS, Affordable's Lease Agreement provided for an option period by which
Affordable's lease may have been extended through and including October 14, 2003; and
WHEREAS, Affordable failed to timely exercise said option, and the City advised
Affordable that for said reason the option to renew was not accepted; and
WHEREAS, Affordable and Noble have agreed to a Sublease Agreement whereby upon
the expiration of Affordable's Lease with the City for the 4th floor space, Affordable would
sublease from Noble the 5th floor space from June 16, 2000, to August 31,2003; and
WHEREAS, the Administration recommends that Noble's Lease be amended to reflect
the transfer of Lease from the 5th Floor to the 4th Floor of Historic City Hall; and
WHEREAS, this transfer would satisfy the City's need to recapture approximately 1,585
square feet of office space on the 5th Floor of Historic City Hall for the housing of City
Departments; and
WHEREAS, the Administration further recommends approval of a sublease from Noble
to Affordable for the 4th Floor of Historic City Hall, upon the same terms and conditions of
Noble's Lease, dated June 30, 1993, as amended herein, and ending on August 31,2003.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission therein approve and adopt the attached Agreement by and between the City of Miami
Beach, Affordable Landmarks, Inc. and Noble Communications, Inc. related to the use of office
space within Historic City Hall, located at 1130 Washington Avenue, Miami Beach, Florida.
PASSED AND ADOPTED this
10th
day of May, 2000.
ATTEST:
]flW,f rClA cl~
CITY CLERK
~h
MA YOR
T:\AGENDA \2000\MA Y 1 OOO\REGULAR\AFFONOBL.RES 5/03/00
APPROVED /tS TO
FORJIA & lANGUAGE
& FOR EXECUTION
II / / 1u(J,J)/- 5/;?/tfV
~ Date
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
http:\\ci.miami-beach.fl.us
COMMISSION MEMORANDUM NO, 33' -00
FROM:
Mayor Neisen O. Kasdin and
Members of the City Commission
Lawrence A. Levy ~
City Manager
DATE: May 10,2000
TO:
SUBJECT:
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, APPROVING AN AGREEMENT BY
AND BETWEEN THE CITY OF MIAMI BEACH, AFFORDABLE
LANDMARKS, INC. AND NOBLE COMMUNICATIONS, INC. RELATED
TO THE USE OF OFFICE SPACE AT HISTORIC CITY HALL, LOCATED
AT 1130 WASHINGTON AVENUE, MIAMI BEACH, FLORIDA
ADMINISTRATION RECOMMENDATION:
Adopt the Resolution.
ANAL YSIS:
The City of Miami Beach (City) is the owner of the Real Property located at 1130 Washington
Avenue, Miami Beach, Florida, commonly referred to as Historic City Hall. There currently
exists a Lease Agreement by and between the City and Noble Communications, Inc. (Noble) for
the use of the 5th floor (approximately 1,585 square feet) of Historic City Hall, which expires on
August 31, 2003.
Moreover, there currently exists a Lease Agreement by and between the City and Affordable
Landmarks, Inc. (Affordable) for the use of the 4th floor (approximately 1,585 square feet) of
Historic City Hall which is set to expire on June 15, 2000. Said Lease Agreement provided for
an option period by which Affordable's lease may have been extended through and including
October 14, 2003. Affordable failed to timely exercise the aforementioned option, but requested
that the City consider allowing them to remain on site. The City advised Affordable that it was
in need of reclaiming the office space for use by a City Department, therefore the option to renew
was not accepted. However, the City agreed to permit Affordable to remain on site until June 15,
2000, at which time the City would require the use of the space to accommodate City staff.
Affordable and Noble have agreed to a Sublease Agreement whereby upon the expiration of
Affordable's lease for the 4th floor space, Affordable would sublease from Noble the 5th floor
space from June 16, 2000, to August 31,2003.
Agenda Item C., C
Date 5~(O-OC)
- 2 -
In an effort to facilitate this process, and since the City is in need of recapturing approximately
1,585 square feet for the housing of City Departments, the City, Affordable, and Noble have
agreed to the following:
· On June 15, 2000, at 11:59 P.M., the existing Lease Agreement between the City
and Affordable, for the 4th Floor space, shall terminate and both parties jointly
agree to said termination.
· Noble's existing Lease Agreement would be amended by substituting the 5th Floor
space they currently occupy, for the 4th Floor space, effective June 16, 2000.
Noble agrees simultaneously to vacate the 5th Floor space.
· Noble would sublease the 4th Floor space to Affordable, from June 16, 2000, to
August 31,2003, at 11:59 P.M., at which time Affordable would vacate the whole
of the 4th Floor and deliver same to the City.
· Notwithstanding any of the terms and conditions outlined above, Affordable, as of
June 16, 2000, shall be governed by the provisions contained in the Lease
Agreement by and between the City and Noble, dated September 1, 1993, as
amended, which shall remain in full force and effect.
In light of the fact that the City is in need of additional office space for its own departments,
Affordable seeks to keep its office in Historic City Hall, and Noble is willing to sublease to
Affordable and vacate the 5th Floor space it currently occupies, the Administration recommends that
the City Commission approve the attached Agreement between the City of Miami Beach, Affordable
Landmarks, Inc. and Noble Communications, Inc.
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Attachment
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AGREEMENf - ~o~.~-.IO-=- D~ Wt~~~CM 6~
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THIS AGREEMENT, executed this V day of May, 2000, between CITY OF
MIAMI BEACH (City). AFFORDABLE LANDMARKS, INC. (Affordable), and NOBLE
COMMUNICATIONS, INC, (Noble).
WITNESSETH:
WHEREAS, the City of Miami Beach (City) is the owner of the Real Property located
at 1130 Washington Avenue, Miami Beach, Florida, commonly referred to as Historic City Hall;
and
WHEREAS, there currently exists a Lease Agreement by and between the City and Noble
for the use of the 5th floor (approximare)y 1,585 square feet) of Historic City Hall which expires
on August 31, 2003; and
WHEREAS, there currently exists a Lease Agreement by and between the City and
Affordable for the use of the 4th floor (approximately 1,585 square feet) of Historic City Hall,
which is set to expire on June 15, 2000; and
WHEREAS, said Lease Agreement provided for an option period by which Affordable's
lease may have been extended through and including October 14, 2003; and
WHEREAS, Affordable failed to timely exercise said option, and the City advised
Affordable that for said reason the option (0 renew was not accepted; and
WHEREAS, Affordable and NOble have agreed to a Sublease Agreement whereby upon
the expiration of Affordable's Lease with the City for the 4th floor space, Affordable would
sublease from Noble the 5th floor space from June 16, 2000, to August 31, 2003: and
WHEREAS, the City and Noble have agreed to amend Noble's Lease, by allowing Noble
to transfer its Lease to the 4th Floor of Historic City Hall; and
WHEREAS, this transfer would satisfy the City's need to recapture approximately 1,585
square feet of office space on the 5th Floor of Historic City Hall for the housing of City
Departments; and
WHEREAS, the City would further recommend approval of a sublease from Noble to
Affordable for the 4th Floor of Historic City Hall, said sublease upon the same terms and
conditions of Noble's Lease, dated June 30, 1993, as amended herein, and ending on August 31,
2003.
NOW, THEREFORE, in consideration of the above and following and for other good
and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,
it is agreed as follows:
1) The foregoing recitals are incorporated by this reference and made pan hereby.
". \...--.....
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JUN-02-2000 18:34 P.02
2) On June 15, 2000, at 11 :59 P.M. the existing Lease Agreement between the City
and Affordable shall terminate and both panies hereby jointly agree to said
termination.
3) The Lease Agreement between me City and Noble is valid and existing through
August 31,2003; and provides that Noble may sublease its space with the City's
consent. Funher, Noble and the City desire to amend Noble's existing Lease
Agreement by substituting the 5th Floor space for the 4th Floor space, as of June
16, 2000 at midnight; Noble agrees simultaneously to vacate the 5th Floor space.
4) The City agrees to allow Noble to substitute ilie 4th Floor space for the 5th Floor
space, effective June 16, 2000 at 12:00 Midnight, and further agrees to the
Sublease of Noble's 4th Floor. space to Affordable, from June 16, 2000, to August
31,2003, at 11:59 P.M.; at which time Affordable shall vacate the whole of the 4th
Floor and deliver same to the City.
.,\...
5) Notwithstanding any of the terms and conditions contained herein, Affordable, as
of June 16, 2000, shall be governed by the provisions contained in the Lease
Agreement by and between the City and Noble, dated September 1, 1993, as
modified herein, which shall remain in full force and effect,
IN WITNESS WHEREOF I the parties have hereunto set their hands and seals the day
and year stated above.
Signed, sealed and delivered in the presence of:
By:
11 /)
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City Clerk
CITY OF MIAMI BEACH
By: filA
Attest:
Mayor
BY~::' ~_~
AFFORDABLE LANDMARKS, INC.
~ident
By:
(Seal) :
NOBLE COMMUNICATIONS, INC.
By:
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
(Seat):
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TOTAL P,02
ASSIGNMENT AND ASSUMPTION OF LEASE
THIS ASSIGNMENT AND ASSUMPTION OF LEASE ("Assignment") is made and
entered into this _ day of June, 2000, by and between NOBLE COMMUNICATIONS, INC. a
Florida corporation ("Assignor"), and AFFORDABLE LANDMARKS, INC., a Florida
corporation ("Assignee").
WIT N E SSE T H:
WHEREAS, NOBLE COMMUNICATIONS, INC., a Florida corporation, is the Lessee
under and pursuant to that certain Lease Agreement dated June 30, 1993 (the "Lease"), with the
City of Miami Beach, a Florida Municipal Corporation, as Lessor ("Lessor"), a true and correct
copy of which such Lease Agreement has been delivered to Assignee simultaneously herewith;
and
WHEREAS, the Lease covers the premises consisting of 1585 square feet of space
located on the 5th floor in the City of Miami Beach, Historic City Hall at 1419 Washington
Avenue, Miami Beach, Florida (the "Premises"); and
WHEREAS, NOBLE COMMUNICATIONS, INC., is the successor by merger with
TELESYS COMMUNICATIONS CORP., the original lessee under the Lease; and
WHEREAS, Assignee desires to acquire all of Assignor's right, title and interest as lessee
in and to the Lease, and Assignor desires to assign all of Assignor's right, title and interest in and
to the Lease to Assignee, including but not limited to a Security Deposit in the amount of
$3,434.16, to have and to hold same unto the Assignee for the remainder of the term and upon
the terms and conditions set forth herein.
NOW, THEREFORE, in consideration of the sum of Ten ($10.00) Dollars and in
consideration of the premises and other good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, the parties hereto, intending to be legally bound
hereby, do hereby represent, warrant, covenant and agree as follows:
1. The foregoing recitals are true and correct.
2. Assignor does hereby give, grant, convey and assign unto Assignee, all of
Assignor's right, title and interest in and to the Lease, to have and to hold the same unto the
Assignee, its successors and assigns, from the 15th day of June, 2000, for the rest of the term of
years mentioned in said Lease, subject, however, to the rents, covenants, conditions and
provisions contained therein.
3. Assignor warrants and represents to Assignee that:
(a) The Lease Agreement is in good standing; in full force and effect and is
free from default by either Assignor or the Lessor thereunder.
(b) The rents and other sums payable by the Assignor to the Lessor are current
and have been paid through June 15,2000.
(c) The Lease has not been modified or amended in any respect and the option
to extend the Lease through August 31, 2003 was timely and properly exercised by the Lessee
and acknowledged and accepted by the Lessor.
(d) The Assignor's interest in the Lease is free from all liens, security
interests, encumbrances and other interests of every kind and nature.
4. Assignee, by its acceptance of this Assignment, hereby assumes the Lease and
agrees to perform and be bound by all of the terms, covenants, conditions and provisions thereof
with the same force and effect as though originally the Lessee thereunder, from and after the date
hereof.
5. This Assignment shall inure to the benefit of and shall be binding upon the parties
hereto and their respective successors and assigns forever.
IN WITNESS WHEREOF, this Assignment and Assumption of Lease has been executed
the day and year first above written.
Signed, Sealed and Delivered
in the Presen of:
~ d
V"
~
(As to "Assignor")
NOBLE COMMUNICATIONS, INC.,
a Florida corporation
7
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By:
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AFFORDABL LANDMARKS INC., a
Florida corporati n
By:
Robert
(CORPORATE SEAL)
06/13/00
Assignment Lease Noble CMB
2
ADDENDUM TO AGREEMENT OF JUNE 14,2000 BETWEEN THE CITY OF MIAMI
BEACH, AFFORDABLE LANDMARKS, INC. AND NOBLE COMMUNICA TIONS,INC.
1. Affordable Landmarks, Inc. (hereinafter "Affordable") does hereby acknowledge that it
has received, read and reviewed with it's counsel, a true and exact copy of the original
Lease Agreement between the City of Miami Beach (hereinafter "CMB") and Telesys
Communications Corp. (hereinafter "TCC") which was assigned and transferred to Noble
Communications, Inc. (hereinafter "Noble"). Affordable further acknowledges that it is
fully familiar with all the terms and conditions thereof and agrees to fully and
unconditionally assume and be bound by all the terms, provisions and conditions thereof
and specifically agrees to timely make any and all payments required by said Lease
Agreement.
2. Upon the full execution of the "Assignment and Assumption of Lease Agreement" and
the Agreement between the City, Affordable and Noble providing for the assumption of
the original Lease Agreement and the obligations of the Lessee thereunder by Affordable,
the City shall release Noble from all obligations under the original Lease Agreement and
shall accept Affordable as the Lessee thereunder for all obligations hence forth
3. The City further agrees that upon the execution hereof and the assignment, the City shall
refund the Security Deposit held by the City under the Affordable Lease, which has
terminated. The refund shall be made within 30 days from date hereof.. Affordable
hereby directs the City to pay the security deposit ($3,434.16) to Noble. Noble agrees to
refund to Affordable any excess.
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Attest:
By:~1ll(A (
fC~M~e.- By:
City Clerk APPROVED AS TO
FORi'" (':1 LANGUAGE
& FOR EXECUTION
CITY OF MIAMI BEACH
111
Mayor
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