HomeMy Public PortalAbout1993 Agreement for Office Space.tifMay 25, 1993
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departments Fire Chief Huddleston also addressed the Council
Councilman Sullivan made a motion to authorize a month -to -month
lease for office space, for the Fire Chief, at the Key Executive
Building The motion was seconded by Councilman Hill and adopted
by a unanimous voice vote The vote was as follows
Councilmembers Fried, Hill, Rasco, Sullivan, Vice Mayor Brody, and
Mayor Brody voting Yes Manager Kissinger also discussed the
location of the fire station and stated that a final decision
should be made at the next meeting
The manager discussed the Ocean Drive beautification project Alma
Trapollini, 650 Ocean Drive, representing the Bahia Mar Condominium
Association, inquired about the plan William Croysdale, 550 Ocean
Drive, spoke in support of the plan Michael Kahn, 881 Ocean
Drive, spoke in support of the landscaping aspect of the plan
Camille Guething, 260 Seaview Drive, spoke in opposition to
providing parking in the swale area Conchita Suarez, 201 Crandon
Boulevard, also spoke in opposition to parking in the swale area
Steve Miner, 590 Ocean Drive, spoke in support of the project
The manager requested that Building Official Dan Nieda make a
presentation to the Council regarding abandoned and substantially
damaged homes Building Official Nieda submitted his report John
Festa, 695 Harbor Lane, addressed the Council on this matter
The manager presented to the Council a schedule for the
implementation of the 1993-1994 budget
10-D MAYOR AND COUNCILMEMBERS
Councilman Sullivan discussed a proposed date for a Council
workshop He requested that Councilman Rasco organize and schedule
a workshop The Council concurred to tentatively meet the first
week of July
Councilman Sullivan also discussed the creation of committee to
review the zoning code Attorney Weiss discussed the requirements
for creating the committee The Council concurred that the
committee shall be appointed by the Local Planning Agency John
Festa, 695 Harbor Lane, addressed the Council on this matter
11 RESOLUTIONS: Mayor Conte read the following resolution by
title
A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA,
ADOPTING FLEXIBLE BENEFITS PLAN, PROVIDING FOR AN EFFECTIVE
DATE
Page 6 of 8
LEASE AGREEMENT
(LESSOR) THIS AGREEMENT, made and entered into this, the
14 day of May , 19 93 , by and
between KEY EXECUTIVE BUILDING, PAUL AUCHTER,
TRUSTEE County of Dade, State of Florida
(LESSEE) (hereinafter called Lessor), and Village of
Key Biscayne (hereinafter called Lessee).
WITNESSETH:
(PREMISES) 1. Lessor has leased, demised and rented,
and by these presents does lease, demise and rent
to Lessee the area located on the 4th Floor
designated as Suite 409 having 494
rentable sq. ft. located in Key Biscayne, County
of Dade, State of Florida, for a term of M -M to
commence the 17th day of May , 1993 , and
end on the day of See Addendum , 19
unless sooner terminated as herein provided, the
lease premises to be continuously used and
occupied during the full term of this lease and no
other purpose(s) than business office
(SECURITY)
(BASE RENT)
2. Lessee, concurrently with the execution
of this lease, has deposited with the Lessor the
sum of $ -0- the
receipt of which is hereby acknowledged by Lessor,
which sum shall be retained by Lessor as security
for the payment by Lessee of the rents herein
agreed to be paid by Lessee, and for the faithful
performance by Lessee of the terms and covenants
of this lease. In the event of any defaults by
Lessee, Lessor, at its option, may at any time
apply said sum or any part thereof toward the
payment of any rentals in default and toward any
and all other sums payable by Lessee under this
lease which are in default, and toward the
performance of each and every of Lessee's
covenants under this lease shall thereby be
discharged only pro tanto; that Lessee shall
remain liable for any amounts that such sum shall
be insufficient to pay; that against Lessee before
resorting Lessor so to do; that in the event this
deposit shall not be utilized for any such
purposes, then such deposit shall be returned by
Lessor to Lessee within thirty (30) days next
after the expiration of the term of this lease.
Lessor shall not be required to pay Lessee any
interest on said security deposit.
3. Lessee shall pay to Lessor as base rent
for the demised premises the sum of Six Thousand
Dollars ($ 6,000.00 ) per
annum (hereinafter called base rent) payable in
equal monthly installments of Five Hundred Dollars
($500.00) plus current sales La,. Total
monthly rent of $ $500.00 in
advance, without demand, on the first day of each
and every( r ale , month thiring the term without
deduction of set -offs. Total rents shall be
adju.:,ted according to any changes in Lhe Florida
Sales Tax. Additionally, Lessee agrees to pay a
service charge of ten percent (10%) on any rental
payment which is not received by Lessor by the
10th day of the month in which it is due. Lessee
further agrees to pay a service charge of fifty
dollars ($50.00) in the event Lessor receives a
check from Lessee which, for any reason, is not
cleared by the Lessee's bank the above charges
shall be in addition to any and all remedies
available to Lessor under the lease and Florida
Law. If the term of this lease shall begin during
a calendar month, then in order that the base rent
(1)
may be placed on a calendar month basis, the rent
for such portion of the particular calendar month
at the beginning of the term shall be apportioned
and paid on the basis of a month of thirty (30)
days. The base rent shall be paid to Lessor in
legal tender of the United States of America
without any demand therefore at the office of
Lessor or at such other place as Lessor may from
time to time designate by notice in writing. The
annual base rent shall be subject to modification
in accordance with provisions of Article 9 and 10
hereof and all other applicable provisions of this
lease.
The base rental of this lease, shall after
the first full year period, increase by the
increase in the Consumer Price Index as defined
and calculated in accordance with the provisions
of Article 9 hereof but in no event less than five
percent (5%), and such calculation shall be made
at the end of each successive year to determine
the then applicable Consumer Price Index increase.
In no event, however, shall the annual base rent
increase be a sum less than five percent (5%) over
the previous year's base rent for the entire term
of this lease or any extensions hereof.
(SERVICES TO 4. Lessor agrees as follows:
BE FURNISHED
BY LESSOR) (a) For the aforesaid consideration, to
furnish Lessee, while occupying the premises;
unheated water, at those points of supply provided
for general use of its Lessees; heated and
refrigerated air conditioning at such times as
Lessor normally furnished these services to all
other Lessees in the Building and at such
temperature and in such amounts as are considered
by Lessor to be standard; such service on weekends
and Holidays to be optional on the part of the
Lessor. Elevator service will be available at all
times. Janitor service and electric service will
be furnished by the Lessor to the rented premises
and for all public and special service areas in
the manner and to the extent deemed by Lessor to
be standard. Electric current, in addition to
that be required for lighting shall be provided to
the rented premises for normal and customary
office usage, which shall include only office
machines and equipment that operate on standard
building circuits but which, in no event, shall
overload the electrical circuits from which the
Lessee obtains current. No electric current shall
be used except that furnished or approved by the
Lessor, nor shall electric or other wire be
brought into the premises except upon the written
consent and approval of the Lessor. Any
consumption of electric current in excess of that
considered by Lessor to be usual, normal and
customary for all Lessees of which requires
special circuits or equipment, shall be paid for
by the Lessee as additional rent in an amount to
be determined by Lessor's estimated cost of such
abnormal current consumption based on the
applicable prevailing rate classification
published by the local electric power company.
Failure by Lessor to any extent to furnish, or any
stoppage of, these defined services resulting from
causes beyond the control of Lessor shall not
render Lessor liable in any respect for damages to
either person or property, nor work an abatement
of rent, nor relieve lessee from fulfillment of
any covenant or agreement hereof. Should any
equipment or machinery break down or any cause
cease to function properly, Lessor shall use
reasonable diligence to repair the same promptly,
but Lessee shall have no claims for rebate of rent
or damages on account of any interruptions in
service occasioned thereby or resulting therefrom.
(PEACEFUL
ENJOYMENT)
(b) Lessee shall and may peaceably have,
hold and enjoy the demised premises subject to the
other terms hereof, and provided Lessee pays the
rentals herein recited and performs all of his
covenants and agreements herein contained.
(REPAIRS AND _ 5. Lessee agrees as follows:
RE-ENTRY) (a) To pay all rents and sums provided to
Lessor hereunder at the times and in the manner
herein provided.
(b) Lessee hereby accepts the premises in
the conditions they are in at the beginning of
this lease and acknowledges that the premises have
been received in thoroughly good order, tenantable
condition and repair, and agrees to maintain said
premises, as well as all interior electrical
fixtures, including bulbs and tubes, interior
plumbing and decorating, in the same condition,
order and repair as they were at the commencement
of said term, excepting only reasonable wear and
tear arising from the use thereof under this
agreement.
Lessee will, at Lessee's own cost and
expense, repair and replace any damage or injury
done to the building, or any part thereof, caused
by Lessee or Lessee's agents, employees, invitees
or visitors. If Lessee fails to make such repairs
or replacements promptly or within (15) days of
occurrence, Lessor may, at its option, make such
repairs or replacements, and Lessee shall repay
the cost thereof to Lessor on demand. Lessee will
not commit or allow any waste or damage to be
committed on any portion of the demised premises
and shall, at the termination of this lease, by
lapse of time or otherwise, deliver up said
premises to Lessor in as good condition as at date
of possession of Lessee, ordinary wear and tear
and damage by fire or windstorm alone excepted,
and upon such termination of tease, Lessor shall
have the right to re-enter and resume possession
of the demised premises.
(ASSIGNMENT (c) Lessee will not assign this lease,
OR or allow the same to be assigned by operation of
SUB -LETTING) law or otherwise, or sublet the demised premises,
or any part thereof, or use or permit the same to
be used for any other purpose than stated in the
use clause hereof, without written permission of
Lessor first had and obtained. Any such
assignment or sub -letting even with the consent of
the Lessor shall not relieve Lessee from liability
for payment of rent or other sums herein provided
or from the obligations to keep and be bound by
the terms conditions, and covenants of this lease.
The acceptance of rent from any other person shall
not be deemed to be a waiver of any of the
provisions of this lease or to be a consent to the
assignment of this lease or subletting of the
demised premises.
(ALTERATIONS (d) Lessee will not, make or allow to be made
ADDITIONS, OR any alterations or physical additions in or to the
IMPROVEMENTS) demised premises without written consent of Lessor
first had and obtained. Any and all such
alterations, physical additions, shall be at the
Lessee's cost and expense, including maintenance
thereof. No improvements by Lessee shall be
deemed improvements in accordance with an
agreement between the parties, within the meaning
of the Florida Mechanics Lien Law. All
contractors, subcontractors, mechanics, laborers,
materialmen, and others who perform any work,
labor or Services, or furnish any materials, or
otherwise participate in the improvement of the
premises shall be and are hereby given notice that
Tenant is not authorized to subject interest in
the premises to any claim for mechanics',
laborers' and materialmen's lien, and all persons
dealing directly or indirectly with Lessee may not
look to the premises as security for payment.
Lessee shall save Lessor harmless from and against
all expenses, liens, claims or damages to either
property or person which may or might arise by
reason of the making of any such additions,
improvements, alterations and/or State which have
jurisdiction over such work. Any and all such
alterations, physical additions or improvements,
except removable fixtures or furniture of the
Lessee, shall, at the option of the Lessor, at
once become the property of the Lessor and shall
be surrendered to the Lessor upon termination, in
any manner, of this lease. Should Lessor not
exercise said option, it shall be Lessee's
responsibility to bring the premises back into the
condition as they were upon acceptance by Lessee
at the commencement of this lease. Any cost for
such work shall be borne solely by the Lessee.
(LEGAL USE &
VIOLATIONS OF
INSURANCE
COVERAGE)
(LAWS AND
REGULATIONS)
(INDEMNITY
LIABILITY)
(e) Lessee will not occupy or use, or
permit any portion of the demised premises to be
occupied or used for any business or purpose which
is unlawful in part or in whole or deemed to be
disreputable in any manner, or extra hazardous, or
permit anything to be done which will in any way
increase the rate of insurance on said building
and/or its contents, and in the event that by
reason of acts of Lessee there shall be any
increase in rate of the insurance on the building
or its contents created by Lessee's acts or
conduct of business, then Lessee hereby agrees to
pay such increase.
(f) Lessee will keep and maintain the
demised premises in a clean and healthful
condition, and comply with all laws, ordinances,
orders, rules and regulations (State, Federal,
Municipal, and other agencies or bodies having any
jurisdiction thereof, including rules, orders and
regulations of the Southeastern Underwriters
Association for the prevention of fires), with
reference to use, conditions or occupancy of the
demised premises.
(g) Lessee will indemnify and save
harmless Lessor of and from any and all fines,
suits, claims, demands and actions of any kind by
reason of any breach, violation or non performance
of any condition hereof on the part of the Lessee,
its agents or employees. Lessee is, or will
become, familiar with the leased premises,
acknowledges that the same are received by Lessee
in good state of repair, accepted by Lessee in the
condition in which they are now or shall be when
ready for occupancy. Lessor shall not be liable
to Lessee or Lessee's agents, employees, invitees
or visitors for any damage to persons or property
due to condition, design or defect in the building
or its mechanical systems or elsewhere in the
demised premises or building which may now exist
or hereafter occur, including acts of negligence
of co -tenants or others. Lessee assumes all risks
of damage to persons or property.
The Lessee covenants to provide on or before
the commencement date and keep in force during the
term of this lease, a comprehensive general
(nl
liability insurance policy insuring the Lessor and
Lessee against bodily injury, property damage and
personal injury, this policy shall be in the
amount of Five Hundred Thousand Dollars
($500,000.00) with respect to bodily injury and
property damage, Lessee agrees to also provide an
umbrella liability policy in the amount of One
Million Dollars ($1,000,000.00) providing at least
the same coverage as the comprehensive general
-liability insurance policy, these policies shall
be written by a good and solvent insurance company
qualified to do business in the State of Florida
and approved by Lessor and shall include the
Lessor as an additional named insured.
Lessee shall carry fire and other insurance
insuring its interest in Lessee's improvements in
premises, and its interests in its office
furniture, equipment, supplies and other personal
property, written by a good and solvent insurance
company qualified to do business in the State of
Florida, naming Lessee as the insured. Lessee
hereby waives any rights of action against Lessor
for loss or damage to its improvements, fixtures
and personal property in premises.
Lessee shall provide to Lessor proof of (the
original policy or certified copy bearing
notations) evidencing the payment of premiums or
accompanied by other evidence satisfactory to
Lessor of such payments shall be delivered by
Lessee to Lessor.
(RULES OF
BUILDING)
(h) Lessee and Lessee's agents,
employees, invitees, and visitors will comply
fully with all requirements of rules of the
building which are attached hereto and made a part
hereof as though fully set out herein. Lessor
shall at all times have the right to change such
rules and regulations or to amend in any
reasonable manner as may be deemed advisable by
Lessor for the safety, care and cleanliness of the
demised premises and for preservation of good
order therein, all of which changes and amendments
will be sent by Lessor to Lessee in writing and
shall be thereafter carried out and observed by
Lessee.
(ENTRY FOR (i) Lessee will permit Lessor or its
REPAIRS AND officers, agents or representatives the right to
INSPECTIONS) enter into and upon any and all parts of the
demised premises at any time to inspect same or
clean or make repairs or alterations or additions
as Lessor may deem necessary or desirable, and
Lessee shall not be entitled to any abatement or
reduction of rent by reason thereof.
(NUISANCE)
Lessor may enter the premises at reasonable
hours to exhibit same to prospective purchasers or
tenants providing that Lessor has given Lessee
reasonable notice.
(j) Lessee will conduct his business
and control his agents, employees, invitees and
visitors in such a manner as not to create any
nuisance, or interfere with, annoy or disturb any
other Lessee or Lessor in its management of the
building.
(CONDEMNATION) 6. Lessor and Lessee mutually agree as
follows:
(a) In the event the whole or any part
of the building other than a part not interfering
with the maintenance or operation thereof shall be
taken or condemned for any public or quasi -public
use or purpose, the Lessor may at its option
terminate this lease from the time title to or
right to possession shall vest in or be taken for
such public or quasi -public use or purpose, and
the Lessor shall be entitled to any and all
income, rent, awards or any interest therein
whatsoever, which may be paid or made in
connection therewith.
(LOSS OR
DAMAGE)
(LIEN FOR
RENT)
(b) Lessor shall not be liable or
responsible for the loss or damage to any property
or person occasioned by the theft, fire, water,
act of God, public enemy, injunction, riot,
strike, insurrection, war, court order,
requisition or order of governmental body or
authority, or other matter beyond the control of
Lessor, or for any damage or inconvenience which
may arise through repair or alteration of any part
of the building, its equipment or mechanical
systems, or failure to make such repairs, or from
any cause whatever, unless caused solely by
Lessor's gross negligence.
(c) In consideration of the mutual
benefits arising under this contract, Lessee does
hereby pledge and assign unto Lessor all property
of Lessee now or hereafter placed in or upon the
demised premises (except such part of any property
or merchandise as may be exchanged, replaced or
sold from time to time in the ordinary course of
operation or trade), and such property is hereby
subjected to a lien in favor of Lessor for payment
of all rents and other sums agreed to be paid by
Lessee herein. Said liens shall be in addition to
and cumulative of the Lessor's liens provided by
law.
(d) If 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 its option, forthwith
cancel this lease or it may enter said premises as
the agent of the Lessee, by force or otherwise,
without being liable in any way therefore, and
re -let all or any part of the premises with or
without any furniture that may be therein, as
agent for 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 expenses to Lessor in such re -letting,
including but not limited to the cost of
renovating, altering and decorating for a new
occupant, the said Lessee shall pay any deficiency
and if more than the full rental is realized,
Lessor will pay over to said Lessee the excess on
demand; or Lessor may sue the Lessee as each
installment of rent matures or for the whole rent
when it become due.
(HOLDING (e) In case of holding over by Lessee
OVER) after expiration or termination of this lease,
Lessee will pay as liquidated damages double rent
for the entire hold over period. No holding over
by Lessee after the term of this lease, either
with or without the consent and acquiescence of
Lessor shall operate to extend the lease for a
longer period than one month; and any holding over
with the consent of Lessor in writing shall
thereafter constitute this lease a lease from
month to month.
(f) Lessee shall, in case of fire, give
immediate notice thereof to Lessor. In the event
of damage by fire or other causes resulting from
fault or negligence of Lessee or Lessee's agents,
employees, invitees or visitors, the same shall be
repaired by, and at the expense of, Lessee under
the direction and supervision of Lessor. If the
demised premises, without fault or neglect of
Lessee, his agents, employees, invitees or
visitors, shall be partially destroyed by fire or
other casualty so as to render the premises
untenantable, the rental herein recited shall
dease thereafter until such time as the demised
premises are made tenantable by Lessor. In case
of the total destruction of the demised premises
without fault or neglect of the Lessee, his
agents, employees, invitees or visitors, or if
from such cause the same shall be so damaged that
Lessor shall be paid by Lessee, and thence forth,
this lease shall cease and come to an end.
(ATTORNEY (g) In case Lessee makes default in the
FEES) performance of any of the terms, covenants,
agreements or conditions contained in this lease,
and Lessor places the enforcement of this, or any
part thereof, or the collection of any rent due,
or to become due hereunder, or recovery of the
possession of the demised premises in the hands of
an attorney, or files suit upon the same, Lessee
agrees to pay Lessor reasonable attorney fees and
court costs, and payment of the same shall be
secured in the like manner as is herein provided,
as to security for rent.
(AMENDMENT (h) This agreement may not be altered,
OF LEASE) changed or amended, except by an instrument in
writing, signed by both parties hereto.
(TRANSFER OF (i) Lessor shall have the right to
LESSOR'S transfer and assign, in whole or in part, all and
RIGHTS) every feature of its rights and obligations
hereunder and in building and property referred to
herein. Such transfers for assignments may be
made either to a corporation, trust company,
individual or group of individuals, and howsoever
made, are to be in all things respected and
recognized by Lessee.
(DEFAULT BY
LESSEE)
Lessee agrees to execute an instrument or
instrument which the Lessor may deem necessary or
desirable to effect such transfer, and in the
event the Lessee shall refuse after reasonable
notice to execute such instrument or instruments
the Lessor may, in addition to any right or remedy
accruing hereunder, terminate this lease without
incurring any liability whatsoever, and the estate
hereby granted is expressly limited accordingly.
(j) Default on the part of Lessee in
paying said rent or any installment thereof, as
hereinabove provided, or default on Lessee's part
in keeping or performing any other term, covenant
or condition of this lease, shall authorize Lessor
at its option at any time after such default and
after three (3) days written notice thereof to
Lessee, to declare this lease terminated, and upon
the occurrence of any one or more of such
defaults, Lessor immediately, or at any time
thereafter may re-enter said premises and remove
all persons therefrom, with or without legal
rights, and all claims for damages by reason of
such re-entry are expressly waived, as also are
all claims for damages by reason of any distress
warrants or proceedings by way of sequestration
which Lessor may employ to recover said rents, or
possession of said premises, provided that Lessor
shall not have the right to declare this lease
terminated if within ten (10) days after notice of
any default Lessee diligently commences or fully
cures all defaults.
(k) If for any reason the demised
premises shall not be ready for occupancy by
Lessee at the time of commencement of this lease,
this lease shall not be affected thereby, nor
shall Lessee have any claim against Lessor by
-_reason thereof, but no rent shall be payable for
the period during which the premises shall not be
ready for occupancy; and all claims for damages
arising out of such delay are waived and released
by Lessee.
(1) If voluntary bankruptcy proceedings
be instituted by Lessee, or if proceedings be
instituted by anyone else to adiudge Lessee a
bankrupt, or if Lessee makes an assignment for the
benefit of his creditors, or if execution be
issued against him, or if the interest of Lessee
in this contract pass by operation of law to any
person other than Lessee, this lease may, at the
option of Lessor, be terminated by notice
addressed to lessee, and mailed to Lessee at the
address last given to Lessor in writing in the
Post Office at Miami, Florida.
(m) This lease shall, also, insure to
the benefit of the successors and assigns of
Lessor, and with the written consent of Lessor
first had and obtained, but not otherwise, to the
benefit of the heirs, executors and/or
administrators, successors and assigns of Lessee.
(n) When this contract is executed by
more than one person, it shall be construed as
though Lessee were written "Lessees" and the words
in their number were changed to correspond; and
pronouns of the masculine gender, whenever used
herein, shall include persons of the female sex,
and corporations and associations of every kind
and character.
(SUBORDINATION (o) This lease is hereby made expressly
CLAUSE) subordinate at all times to any and all mortgages,
deeds of trust, ground or underlying leases
affecting the demised premises which have been
executed and delivered, or which may at any time
hereafter be executed and delivered, and any and
all extensions and renewals thereof and
substitutions therefore, and to any and all
advances made or to be made under or upon said
mortgages, deeds of trust, ground or underlying
leases. Lessee agrees to execute any instrument
or instruments which the Lessor may deem necessary
or desirable to effect the subordination of this
lease to any or all such mortgages, deeds of
trust, ground or underlying leases, and in the
event the Lessee shall refuse after reasonable
notice to execute such instrument or instruments,
the Lessor may, in addition to any right or remedy
accruing hereunder, terminate this lease without
incurring any liability whatever, and the estate
hereby granted is expressly limited accordingly.
(TIME IS OF (p) It is understood and agreed
THE ESSENCE) between the parties hereto that time is of the
essence of this contract, and this applies to all
terms and conditions contained herein.
(RENEWALS)
7. If the Lessee shall desire to retain the
premises beyond the expiration of this lease,
then, and in such event, the Lessee shall give
notice in writing three (3) months before the
expiration of this lease to the Lessor by
delivering to the Lessor a written request for
such extension of lease. And in the event the
Lessor consents thereto, such consent shall be
manifested be a written document only, executed be
the Lessor's authorized agent, or else by a
written entry made by the Lessor's authorized
agent at the foot hereof, and if the extension is
effected, then the contract of lease so extended
shall be in all respects the same as this original
document or entry. Nothing herein contained,
however, shall be construed as requiring Lessor to
execute or grant renewal or extension of this
lease to the Lessee beyond the present term
thereof.
(ESCALATION 8. Lessee agrees to pay its share
OF OPERATING ( 2.06 %) of any operating expenses increase
ESPENSES) which may occur over and above the 19 93 calendar
year (base year) operating expenses based on the
square footage of the demised premises in
proportion to the total rentable square footage of
the entire building ( 24,000 sq.ft.).
Lessee's share of such operating expense shall be
deemed additional rent over and above the base
rent set out in Paragraph 3 of this agreement.
For the purpose of determining any adjustment
in the rent hereunder, the term Operating Expenses
are defined as to include all expenses deemed
necessary by the Lessor for the efficient and
proper operation of the entire building and shall
include, but not be limited to, all taxes of any
kind (excluding Federal income taxes, interest and
penalties) applicable to the operation of the
entire building, insurance, including liability
and comprehensive coverage of the subject
property, utility charges, including water, power,
heating, lighting, ventilation, sanitary
assessment and air conditioning, as well as
management, janitorial, all maintenance and
repairs, payroll, payroll taxes, labor, supplies
and services.
As soon as practical, after December 31st of
each year during the term of this lease, the
Lessor shall furnish to the Lessee on or before
March 31st a statement of such operating expenses
for the previous year. Lessee may have access to
Lessor's records in order to audit or otherwise
verify such expenses. Each subsequent annual
statement shall show comparative operating
expenses between the current period and the base
year period. The Lessee's share of the net
increase (if any) over the above base year
expenses shall be added to the annual base rent
amount and shall be due and payable as additional
rent within (20) days of the receipt of the
statement of operating expenses.
If less than a full year of tenancy by the
Lessee has occurred, the Lessee shall be obligated
to pay a pro rata portion of the increase in
operating expenses based upon the number of months
or portions thereof of tenancy.
(CONSUMER 9. The monthly rent for each 12 -month period
PRICE subsequent to the first complete 12 -month period
ADJUSTMENT) occurring during the term of this lease or any
renewal thereof shall be computed by multiplying
the Base Rent as set forth in Paragraph Three (3)
by a fraction of which the numerator shall be the
Revised Consumer Price Index for all Urban Wage
Earners and Clerical Workers (U.S. City Average -
all items 1967=100, Base as promulgated by the U.S.
Bureau of Labor Statistics o1 Llie United States
Department of Labor, for the third month
prior to the respective anniversary date, and of
which the denominator shall be said Consumer Price
Index for the third month prior to the
commencement date of this lease. (Should this
specific Consumer Price Index become unavailable,
a reasonable substitute, as prepared by the United
States Department of Labor or any successor agency
charged with maintenance of such respective
anniversary date, if such rent adjustment occurs.)
The Lessee agrees to pay the adjusted monthly rent
in writing prior to the respective anniversary
date, if such rent adjustment occurs. The Lessee
agrees to pay the adjusted monthly rent, together
with any applicable taxes as set forth in
Paragraph three (3) , on the first day of each and
every month for the following 12 -month period or
for those months remaining in said period after
notification by Lessor.
If at the commencement of any adjustment period
the C.P.I. has not been published for the
"adjustment month," Lessee will continue to pay
the immediately preceding monthly rent. The
requisition adjustment shall be made within Ten
(10) days after publication of the C.P.I. for the
adjustment month.
10. RADON GAS "RADON GAS 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 guidelines have been
found in buildings in Florida. Additional
information regarding radon and radon testing may
be obtained from your county public health unit."
IN WITNESS WHEREOF, the parties hereto have
executed this lease on the date aforesaid.
WITNESSES:
-6,Ata
WITNESSES:
•
ADDENDUM TO LEASE
Paul R
Key Ex
LESSOI
, Trustee
uildin
BY: �• n E. Bozzuto, Managing Agent
Village o
LESSEI
'SSE1;
Y: Rafael Conte, Mayor
Key Biscayne
Lessor and Lessee recognize that this month -to -month lease may be
terminated by either party by providing notice, in writing, to the
other party at least thirty (30) days in advance of proposed term-
ination date.
Lessee has advised Lessor that Lessee is exempt from paying Sales
and Use Tax and will provide Lessor with adequate exemption cert-
ification.
(10)
8. No additional locks shall be placed upon any doors of the
premises and the Lessee shall not permit any duplicate keys to be
made, but if more than two keys for any door or lock shall be
desired, the additional number must be obtained from the Lessor
and be paid for by the Lessee; each Lessee must, upon the
termination of this lease, leave the windows and doors in the
demised premises in like conditions as of the date of said lease,
and must surrender all keys to the office.
Lessor may permit entrance to Lessee's office by use of pass
keys controlled by Lessor or employees, contractors or service
personnel, supervised or employed by Lessor.
9. None of the entries, passages, doors, elevators, elevator
doors, hallways, or stairways shall be blocked or obstructed, or
any rubbish, litter, trash, or material of any nature placed,
emptied or thrown into these areas, or such areas be used at any
time except for access and egress by Lessee, Lessee's agents,
employees or invitees. Nothing shall be placed on the outside of
the building, or the windows, window -sills or projections.
10. Lessor shall have the right to determine and prescribe the
weight and proper position of any unusually heavy equipment
including safes, large files, etc., that are to be placed in the
building, and only those which in the opinion of Lessor might
without reasonable probability do damage to the floors, structure
and/or elevators may be moved into said buildiny. Any damage
occasioned in connection with the moving or installing of such
aforementioned articles in said building or the existence of same
in said building shall be paid for by Lessee.
11. No portion of Lessee's area or any other part of the
building shall at any time be used or occupied as sleeping or
lodging quarters.
12. Without prior written consent of
or permit the sale, at retail,
periodicals or theatre tickets, in
shall any Lessee carry on or permit
other person to carry on the business of stenography, typewriting
or any similar business in or from its premises for the service
of accommodation of the occupants of any other portion of said
building, or the business of a public barber shop or manicuring
or chiropodist business, or any other business other than that
specifically provided for in the Lessee'; ease.
Lessor no Lessee shall sell
of newspapers, magazines,
or from its premises; nor
or allow any employee or
13. The sashes, sash -doors, windows, glass doors and any lights
or skylights that reflect or admit light into halls or other
places of said building, shall not be coveted or obstructed, nor
shall anything be placed upon or hung from the window sills. the
water and wash closets and urinals shall not be used for any
other purpose that the purposes for which they were respectively
constructed, and the expense of any breakage, stoppage or damage
resulting from a violation of this rule shall be borne by the
Lessee whose clerks, agents, servants or licensees shall have
caused it. No Lessee shall mark, paint, drill into or in any way
deface the walls, ceilings, partitions, floors, wood, stone or
iron work, or make or permit any improper noises in the building.
14. Only persons authorized by the Lessor will be permitted to
furnish ice, drinking water, towels and other similar services to
Lessee, and only at hours and under regulations fixed by the
Lessor. No Lessee shall employ any person or persons, other than
the janitor of the Lessor for the purpose of cleaning, or taking
charge of said premises, it being understood and agreed that the
Lessor shall be in no wise responsible to any Lessee for any
damage done to the furniture or other effect of any Lessee by the
janitor or any of his employees, or any other person, or for any
loss of property of any kind whatever from leased premises,
however occurring. Lessee will see each day that the windows are
closed and the doors securely locked before leaving the building.
15. No window shades will be placed on any of the windows
excepting the shades approved by the Lessor. No awnings will be
allowed on any of the windows.
16. The Lessor shall have the right to prohibit any advertising
_ by any Lessee, which, in its opinion, tends to impair_ the
reputation of the building or its desirability as a building for
offices or for financial, insurance and other institutions and
business of like nature; and upon written notice from the Lessor,
Lessee shall refrain from or discontinue such advertising.
17. Normal operating hours of the building are 8:00 AM to 6:00
PM. The building will be secured on evenings, weekends and
holidays. The stairs may never be used when building is secure,
except on emergencies. Access to building is available twenty
four hours a day, seven days a week for tenants, providing they
have obtained proper security cards. The Lessor shall in no case
be liable in damages for the admission or exclusion of any person
from said building. In case of invasion, mob riot, public
excitement or other commotion, the Lessor reserves the right to
prevent access to the building the continuance of the same by
closing the doors or otherwise for the safety of the tenants and
protection of property in said building.
18. Due to the ventilation system of this building, cigar and
pipe smoking are prohibited.
R&R
KEY EXECUTIVE BUILDING
KEY EXECUTIVE BUILDING SECURITY
Dear Tenant:
We are pleased that you have decided to locate your business
offices in the Key Executive Building and we sincerely hope your
stay will be a successful and mutually profitable one.
The following information outlines the security system of the
building and we suggest that you keep this letter on file with
your lease so that as you add or replace employees you will be
able to use this letter as a reference regarding the building's
procedures.
The building is monitored for security by the Sonitrol Company.
When we are not available for security problems and emergencies,
call 635-0407.
Our security system is an electronic system that automatically
engages at 6pm every evening and disengages at 8am each morning,
except Saturdays, Sundays and certain holidays, when it is active
the full 24 hours.
The elevators are locked from access on the first and second
garage levels. You are able to enter the building with a security
card which will be individually registered to you. There is a
$25.00 deposit for each security card issued to you or your
employees. If a security card is lost, please notify our office
IMMEDIATELY so that we can have our security service deactivate
that card from the system.
The stairwell doors are automatically alarmed whenever the
building is secured. We post notices whenever a holiday closing
is scheduled. Do not use the stairs to exit the building during
these hours or you will trigger the emergency alarm and the
security service. The security service is instructed to dispatch
the police in the event our security is breached. If you
accidentally cause the alarm to sound, return to your office and
call Security, identify yourself and advise them not to dispatch
the police. Once the door is reclosed, the security system will
reset itself and the alarm will eventually stop ringing.
104 Crandon Boulevard, Suite 300, Key Biscayne, Florida 33149 (305) 363-0467 FAX (305) 365-0468