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HomeMy Public PortalAbout12-03-91 Special Council Meeting.tifMINUTES - DECEMBER 31 1991 SPECIAL WEEk LY BOARD 01 TRUSTEES MEETING 7 00 p m , P e} Biscayne Elementary School 1 CALI TO ORDER/ROLL CALL Mayor Conte Called the Meeting to order at 7 09 p m The -following rr i «tees were present. Clifford Brody/ Mortimer Fried/ Michael Hill/ Luis s Lauredo and Ray Sullivan Vice Mayor. Trustee Joe Basco arrived shortly after the Pledge INVOCATION Father enne th Gchwanger , St Agnes Catholic Church qa' e the i nvoat i on ' PLED6L OF ALI EG I ANCE Mayor Conte led the Pledge 1 4 APPROVAL OF THE" M I NU TC 1 November 19, 1991 - (pr evi cat tsl } deferred) Trustee Lauredo moved that approval of the minutes of November 19, 1 '91 be deferred until aftct Agenda item 1( (A-2) (12/-r./91 Meeting) is discussed The motion was seconded by Trustee Hill and the Board voted unanimously to defer approval until after item # 10 (A-2) #Mat{ember .2c71 1991 - Trustee Laur edo moved that the minutes be s ap pr cave.d ae. *: uhmi tted The motion was seconded by 'Trustee Fried (for discussion) Trustee Fried noted for the record that he was not present at the Meeting and therefore could nut mate any comments on the minutes The question was called and the Board voted unanimously to approve the minutes of November 26, 1991 L AGENDA ADD I 1 IONS / DOLET I ONS /SL JB3T I UUT I ONG Trustee Fr ied moved to add iterri # 10 (A-4) Appointment of a Committee to loot into police matters ThF motion was seconded by 'Trustee Lauredo and the Board voted ttnana rnou5l v to add the item to the Agenda it ur,tee Brody mo�ed tc, add item # 10 (A-5) Report on the status of street lights on Crandon Boulevard rhe motion WAS seconded by 1 rustee Lauredo and passed unanimously by the Board Vice Mayor Sullivan mo', ed to Add a t etr4 # 10 (A-6) Sides ta revenues lhe motion was x ec ended by Tr uc,t ee Lrtur edo And appr oved unimimousl} by the Board 1r ueit-ec Hill moved to add item tt 1c) (A-7) to the Agenda as follows Distribution of Charter Commission Minutes rhe motion war, se; c'r}deci h' 1ru= t tae Brody and the Board unani mcli u 1 y voted to add the item to the Agenda t, i 1RD l NAwr'EE 9E COND READING / PUFiL I C. HEARING None .7 BUILDING AND ZONING Trustee Cliff Brody AE Hesc ornmendat a on to the MPt i opol i t an Dade County Toning Appeals., Board Re Ga. sser MarsAgernent Zoning Var .i. lrfre request (see tattached) 11 uctet DI Cady e..,1 nopsi ,rsed the r equetA they Corir..u] tint DAni el Nieda mate. recommendations to th+s Board at 1arhed) the uppl a. cant , 1.4a sc.sr Mnage>mt•✓r t , t1€ f r ndt 0 : t z cxl d , q tvea a bt a ca f pr ent at i cf s lengthy d l scut si stn rar ued from the Board of Ti t tutees 12/03/91 - MINUTES 1 OF 4 with regard to the requests and the 4 ar i ou s items on the request The consensus of the Board was not to punish the tenant (Sisser Management) for vi. oul at i cans procured by the landlord Trustee Lauredo moved to defer maf• i ng a recommendation to the ZAB until f ui t her information c..an be obtained as, to the various i c,sues, to the December 1(, 1991 Regular Meeting of the Board of Trustees 'Trustee Fried seconded the motion The motion carried with the Board voting as follows Trustee Hill - yes Trustee Brody no Trustee Rasco - yes Trustee Fried - yes Trustee Lauredo -- yea=. Vice Mayor Sullivan - yes Mayor Conte - yes Ft Jefferson National Fran#• request author i ,. at i on to temporarily occupy a trailer on si. L€ during construction of new facility Trustee Brody mo'.ed that the request be qt anted, providing the conditions stipulated by the of l l arje Building Zoning Consultant, try concensus of the Board, be adhet ed to Motion was seconded b/ crust ee Lauredo lhe motion carried the Board voting as follows frustoe Trustee Trustee 8 e3PEC I ML Chairman Dr Group, Inc Consultant, presented b Brody and c. Hill - ,'es Trustee Brody -- yes Basco - yes Trustee Fried -- yes Lauredo ves Vice Mayor Sullivan - nay Mayor Conte - yes end the with REPOR f VILLAGE MANAGER PROFILE St~ au c h Committee Steve Simon and Jim Parrish, Florida Public. Management After a presentation by the Committee Chair and the Trustee Lauredo moved to approve the profile as v the Committee The motion was seconded b', f r ust ee ar ri ed unanimously by the Board 9 RESOLUTIONS A RESOLUTION OF THE BOARD Of- T RUSTEC c% OF THE VILLAGE OF THE VILLAGE. or TEA A B I SCAYNE AF PROV I NG A LEASE: WITH Mt F. L y B I SCAYNE BANE BUILDING FOR o F I rE SPACE, AUTHORIZING f HE MAYOR TO E Y E i"UTE SAME ON BEHALF or CHE VILLAGE AND F ROV I D I NG FOR AN EFFECTIVE DAl E 1 he attached resolution was aapps avert unani rnouc 1. y by the Board after a motion to appr ove by Vice Mayor Sul l i f acs , which was seconded 1 t f FEE.POkl b AND EE C. OMME NDAI 1 ONS A MAYOR AHD fRus f"EF C 1 CABLL 'T V urDwrF' Tr ustee Brody dis,tributed the Attached report to the Board Aft& r brief discussion, rru t p€ Ft ied mo',ed to authc,ri,.e the e,ecutaon of an agreement wi th Et car'sf Cari .to at a rat of 1r&5 tip? per hour for lower negotiated fee) per meeting for Japing of Board of fl t..tstee s Meetings, 1 he motion wa' seconded by Crust cue Brody and carried with the Board '. rating as follows 1 r ust ee Hill - yes rr ustee Brody Yes rrur t ee Rasco - nay frs tstee Fried - yes 1 r u- tee Lauredo yef Vice Mayor Sullivan nay P1a r:r Conte - rix / B ccxrtre nsus of the Board, funding for t ha pro )e -c t ts;i 1 3 b - tat err nom om the contingency fund in the Budget 12/03/91 - MINUTES 2 of 4 r DISCUSSION RE APPOINTMENT OF VILLAGE F= I ICE /RESCUE /COMM I TTE AND CLARIFICATION OF COMMITTEE GTRUC1 URE Following b; i of discussion regarding consti tut a on of the Committee, Trustee Lauredo moved that the committee be an advisory Committee of the Board of Trustees, with its members consisting of those members previously on the k ey Biscayne Council, Inc. Transition Committee on Fire/Rescue, with each member of the Board of rru steess having an opprotunity to appoint one member 4 at his descret i on) to the Committee The motion was seconded by Trustee Fried and passed unana moussly by the Board DISCUSSION RE HOLDING TWO MEE1 I WBS MON1 HL Y (2ND 9• 4TH TUEGDA's<) AS OF POSED ro WEEdr L.Y MEETINGS, MAINTAINING THE 2ND TUESDAY AS THE ASSIGNED REGULAR MONTHLY BOARD OF TRUG IEls MEE F I NG Following brief discussion, Trustee L our edo mot, ed to deafer further discussion until the January 7, 1991 meeting fhe motion wa<_s seconded by Trustee Fried and passed unclni mousl y by the Board 4 APPOINTMENT OF A VILLAGE POL I C..E COMMITTEE: Fries mowed that the Board appoint a Police Committee L our edc, seconded the motion for di .c uss l on Discussion Trustee Body e> pr essi ng concern over the fart that the will need some guidance with respect to what The question was called for a voice vote by not . on tailed with the Board voting as follows Trustee Trustee Ensued with Committee is e, pectE d of them frc;sstee Br od / and the fr ustce Hill -- nay Trustee Brody * nay l rustee Rasco -- nay l rustee Fried nay Trustee L_auredo - nay Vice Mayor Sullivan - nay Mayor Conte -- nav Tr ustee L aacredo moved that a special meeting be called for Wednessda/, J nuar', 8, 1991 to discuss the issue of F o1 it e The motion was seconded by Trustee Hill and carried wa th thew Board voting w follows 1rur tee 1 ; ustee Tr llfat_ee Brody - ye,= Rasco - nay Hill -- yetis Mayor Con t_ F rrut- t ee~ L i ed - ve+W Vi c e Clayor Sul 1 .a.., an /e f� Trustee L our e►d o -- yes, - yes. • RE -FORT ON THE STATUS OF STREET T d I UH1 1 NC; ON C AND ON BOULEVARD No report was g3/en • L%ALES THY REVEd'it jrq item de f Pr f d to Dec Pia.% P; 1 (), 1991 CHARTER C"Gill I S'I I ON ti1 NU F S I) l ETR 1 ErU l ION TO THE BOARD Or l kUS d ET G No further action was tat en rhe rrsa nc rtes of thy Charter C omrrta c a ctn mf-e t i n g., arc tvai 1.~bl e -fr o m the I n te"-i m Village C l erl s office. V1.Ld_r3GC: FalTORNLY REPOR1 Richard Weiss disti ibut* d info; ma.t i on to the Board of Trustees wi th resytar-d to document,- that mil he needed fol they special meeting r €gar da rsq t hE litigation cle f.cquar i urn C C UMM l T FE C RUM'S 12/03/91 - Minutes 3 of 4 11 OTHER BUS INESS/GENERAL DISCUSSIONS 1.2 APPROVAL OF THE BILLS No bills were presented 13 MEETJNG ANNOUNCLMENTS The following meetings were announced A Ne, t regular meeting of the Board of Trustees will be 7 or) p m , Tuesday, December 1k), 1991 Ir ey Biscayne Elementary School Cafeteria L� Special meeting of the Board of Trustees will be held at 7 00 p m , Wednesday, December 4, 1991 at the ley Di scats ne Community Church, 755 Glen Ridge Road, to discuss pending 1itigAtints b/ the I~e', Biscayne Council, Inc regarding the Sec3quctr x um C Village Cal er I• Committee meeting Wednesday, December 4, 1991, 7 .)0 p Irs at the Sheraton Royal Biscayne D Seal °'t Motto Committee will meet at 1<) 00 a m , Saturday, December 7, 1991 at St Agnes Academy 14 ADJOURNMENT the meeting was adjourned by the Mayor at 10 O p m after a motion to adjourn by Vice Mayor Sullivan, seconded by Trustee Ra=co THESE M C I'.IU f C 9 ARE SUBMITTED FOR APPROVAI BY DEATP I S M ARGUEL LES , INTCRIM VILLAGE CLErd- ..a)0 &peNcliy\-LIgief2 A Approved date 1021101111 Moved by Second by VOTE BRODY FRIED HILL LAUREDO RASCO SULLIVANAS CONTF 12/03/91 - Minutes 4 of 4 RESOLUTION NO (II 0,5 A RESOLUTION OF THE BOARD OF TRUSTEES OF THE VILLAGE OF KEY BISCAYNE APPROVING A LEASE WITH THE KEY BISCAYNE BANK BUILDING FOR OFFICE SPACE, AUTHORIZING THE MAYOR TO EXECUTE SAME ON BEHALF OF THE VILLAGE AND PROVIDING AN EFFECTIVE DATE WHEREAS, this Board of Trustees is in need of office space, and WHEREAS, various proposals were submitted pertaining to possible locations, and WHEREAS, this Board has determined that the space in the Key Biscayne Bank Building and the terms offered with respect thereto are the most beneficial to the Village, NOW THEREFORE BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS Section 1 That the lease agreement, a copy of which is attached hereto and incorporated herein, is hereby approved Section 2 The Mayor is hereby authorized to execute the lease in the form attached hereto Section 3 Effective Date This resolution shall become effective upon adoption Cs PASSED AND ADOPTED this day of November, 1991 Rafael 1 Conte, Mayor Attest AME -)-a-- )1 Village Clerk 6, (LJLeo Approved as to Legal Sufficiency Paiut-sei Village Attor leaseres OFFICE BUILDING LEASE This is a Lease Agreement (the "Lease") between Key Biscayne Bank and Trust Company, a Florida corporation ("Landlord"), whose address for the purpose of this Lease is 95 West McIntyre Street, Key Biscayne, Florida 33149 and the Village of Key Biscayne, a Florida municipal corporation ("Tenant"), whose address for the purpose of this Lease is 85 West McIntyre Street, Key Biscayne, Florida 33149 1 LEASED PREMISES 1 1 Subject to and upon the terms and conditions set forth in this Lease, and in consideration of the performance and observance by each party of the duties and obligations of the other under this Lease, Landlord leases, to Tenant and Tenant leases, from Landlord those certain premises (the "Premises" or "Leased Premises") in the office building (the "Office Building") which at date of this Lease is known as the Key Biscayne Bank and Trust Building more particularly described as follows a portion of the first (1st) floor of the Office Building, comprising 1,312+ square feet of Net Rentable Area (defined below) as outlined in red on the floor plans of the Leased Premises attached to and made a part of this Lease as Exhibit "A " 1 2 The term "Net Rentable Area," as used in this Lease, refers to all space within the inside surface of the outer glass or finished column walls enclosing the tenant occupied portion of the floor and measured to the midpoint of the walls separating areas leased by or held for lease to other tenants or from areas devoted to corridors, elevator foyers, rest rooms, service areas and other similar facilities for the use of all tenants on the particular floor 2 LEASE TERM 2 1 This Lease shall be for a term of three (3) years (the "Lease Term" or "Term") to commence (the "Commencement Date") on the earlier of (a) thirty (30) days after the date (the "Notice Date") Landlord notifies Tenant that the Landlord's Work, as described in Section 5 and Subsection 2 2, has been substantially completed subject only to the punch list described in Subsection 2 3, and such work is in fact substantially completed which Commencement Date shall under no circumstances be later than March 1, 1992, or (b) the day Tenant opens for or begins operation of its business from the Leased Premises The Lease Term shall end on the last day of the third Lease Year (defined below) unless sooner terminated or extended as provided in this Lease "Lease Year" is a twelve calendar month period, provided, however, the first Lease Year shall begin on the Commencement Date and shall also include the first partial calendar month if the Commencement Date does not fall on the first day of a calendar month, even if the result is that the first Lease Year is more than twelve (12) full calendar months Each subsequent Lease Year shall be twelve (12) full calendar months commencing with the first day of the calendar month following the last calendar month of the preceding Lease Year If Landlord is unable to deliver the Leased Premises on or before March 1, 1992, then Tenant may, in its sole discretion, cancel this Lease 2 2 Landlord's Work shall be deemed complete on the earliest date on which all of the following conditions have been met 2 2 1 A certificate of occupancy or completion (temporary or final) has been issued by the appropriate governmental entity permitting Tenant's use of the Leased Premises for the purposes for which they have been leased, if a temporary certificate of occupancy is issued, Landlord shall be responsible for obtaining a permanent certificate of occupancy as soon as reasonably possible, 2 2 2 Landlord's Work in the Leased Premises has been substantially completed, subject to the punch list described in Subsection 2 3 , the noncompletion of which does not materially interfere with Tenant's use of the Leased Premises or the conduct of normal business therein, 2 2 3 All means of access and all facilities necessary to Tenant's occupancy of the Leased Premises, including corridors, elevators and stairways and heating, ventilating, air- conditioning, sanitary water, and electrical lighting and power facilities, have been installed and are in good operating order and available to Tenant in accordance with Landlord's obligations under the Lease 2 3 Within one (1) month of taking possession, Tenant shall furnish Landlord with a punch list(s) of defects in the Leased Premises and Landlord shall rectify such punch list items as promptly as practicable and, in any event, within thirty (30) days of Tenant's notice In addition to the items set forth in the aforementioned lists, Tenant shall have the right to require Landlord to repair or complete additional items if such items are of such a nature which would not normally permit the defects to be discovered within the one (1) month punch list period, provided Tenant gives Landlord prompt notice after discovery of such items Within a reasonable time after receiving Tenant's list(s), Landlord shall place all such items in condition reasonably satisfactory to Tenant 2 4 Tenant shall have the right, at its option, to extend the Lease Term for all Leased Premises (including the Option Premises as defined in Section 26) for an additional two (2) year 2 - period ("Extension Term"), following the expiration of the initial Lease Term, upon the terms specified in this Lease (other than the amount of annual Rent and with appropriate adjustments as to the term) Notice of Tenant's exercise of this option shall be in writing and delivered to Landlord at least ninety (90) days in advance of the expiration of the initial Lease Term 2 5 Notwithstanding anything to the contrary, Tenant has the unconditional right to cancel this Lease after the second Lease Year by providing Landlord with 120 days prior written notice and the payment of $10,000 00 This figure shall be adjusted in the same manner as the Rent under Section 3 2 of this Lease 3 RENT 3 1 Tenant shall pay to Landlord as "Rent" for the Premises the annual rent of Twenty Nine Thousand Six Hundred and 00/100 Dollars ($29,600 00) payable in equal monthly installments of Two Thousand Four Hundred Sixty -Seven and 00/100 Dollars ($2,467 00), commencing six months after the Commencement Date Tenant shall not be obligated to pay any Rent for the first six months of the first Lease Year Said Rent shall be payable to Landlord at the address shown on page one of this Lease Notwithstanding anything to the contrary in this Lease, the first monthly installment of Rent shall be reduced by $1,500 00 3 2 The Rent has been calculated on the assumption that the cost of Landlord's improvements as set forth in Section 5 of this Lease is $25,000 00 In the event that upon completion of Landlord's improvements, the actual cost of the improvements exceeds $25,000 00, the equal monthly installments of Rent shall be increased in accordance with the following formula Increase in = Actual cost of landlord's improvements - $25,000 monthly rent 30 Similarly, if the actual cost of Landlord's improvements is less than $25,000, then the equal monthly installments of Rent shall be reduced in accordance with the following formula Decrease in = $25,000 - actual cost of landlord's improvements monthly rent 30 3 3 In addition to Rent, Tenant shall pay to Landlord each month a sum equal to any sales tax, tax on rents, and any other comparable charges imposed by governmental or regulatory authority, taxes and/or impositions now in existence or subsequently imposed based upon the privilege or renting the space leased under this Lease or upon the amount of rent collected therefor 3 4 Commencing with the second Leased Year and each year 3 - thereafter during the Lease Term, the annual Rent shall be adjusted, in accordance with changes in the "Price Index" as defined in this section The Price Index shall mean the Consumer Price Index for "all items" shown on the "U S city average for urban wage earners and clerical workers (including single workers), all items, groups, subgroups and special groups of items" as promulgated by the Bureau of Labor Statistics of the U S Department of Labor, using the year 1967 as a base of 100. The annual Rent shall be adjusted in accordance with the following provisions 3 4 1 the Price Index as of the last month of the first Lease Year shall be designated the Base Price Index; 3 4 2 the Price Index as of the first month of the second and subsequent Lease Years shall be designated the Comparison Price Index, 3 4 3 promptly after the end of the first Lease Year and at the end of each Lease Year thereafter, the annual Rent shall be adjusted by multiplying the original annual Rent by the fraction which has a numerator of the most recent Comparison Price Index, and has a denominator of the Base Price Index Written as an equation, this computation is as follows Original annual Rent X the most recent Comparison Price Index Base Price Index 3 5 In the event the Price Index referred to above ceases to incorporate a significant number of the items currently set forth in it, or if a substantial change is made in the method of establishing such Price Index, then the Price Index shall be adjusted to the figure that would have resulted had no change occurred in the manner of computing such Price Index In the event that such Price Index (or a successor or substitute index) is not available, a reliable governmental or other nonpartisan publication evaluating the information previously used in determining the Price Index shall be used in lieu of the Price Index 3 6 Notwithstanding anything to the contrary in this Lease, the adjustment to Rent under this Section 3 4 shall not exceed 5% in any one year 4 TIME OF PAYMENT Tenant agrees that Tenant shall promptly pay said Rent at the times and place stated above, that Tenant shall pay charges for work performed on order of Tenant, and any other charges that accrue under this Lease, that, if any part of said rents or above mentioned charges shall remain due and unpaid for ten (10) business days after written notice from Landlord to Tenant, Landlord shall have all rights and remedies available to it under this Lease, at law and in equity 5 LANDLORD IMPROVEMENTS AND SERVICES 5 1 Landlord shall improve the Leased Premises, in accordance with internal design development drawings (the "Design Development Plans") consisting of (a) a partition plan, (b) demolition plan, (c) new work plan, (d) reflective ceiling plan, and (c) finish schedule, each of which shall be delivered to Landlord by Tenant within 10 days of the execution of this Lease 5 2 Landlord shall furnish to the Premises water and electrical outlets adequate to serve Tenant's use and design as shown on the Design Development Plans Should the Tenant need more or different than standard electrical circuits, such circuits must be approved by the Landlord All electric current to the Premises should be separately metered and the payment for which shall be the responsibility of the Tenant Failure by Landlord to any extent to furnish, or any stoppage of these defined services resulting from causes beyond the control of Landlord shall not render Landlord liable in any respect for damages to either person or property, nor work an abatement of Rent, nor relieve Tenant from fulfillment of any covenant or agreement hereof The Premises are on the ground floor of the Office Building, the entrance of which is at 91 West McIntyre Street, Key Biscayne, Florida, and elevator service to the second floor will be available at all times Other than outside lighted signs, Landlord shall furnish certain outside lighting in common with other Tenants which will be furnished at such times as is uniform for all Tenants Landlord will maintain the sidewalk in front of the Premises and Office Building in the same manner which is maintained for all ground floor Tenants, including plantings and shrubbery 6 REPAIR OF LEASED PREMISES 6 1 Tenant will, at Tenant's own cost and expense, repair or replace any damage or injury done to the Office Building, or any part thereof, caused by Tenant or Tenant's agents, employees, invitees, or visitors If Tenant fails to make such repairs or replacements promptly, Landlord may, at its option, make such repairs or replacements, and Tenant shall repay the cost thereof to Landlord on demand Tenant 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 the Lease, by lapse of time or otherwise, deliver up said Premises to Landlord in as good condition as at date of possession of Tenant, ordinary wear and tear and damage by fire or windstorm alone excepted, and upon such termination of lease Landlord shall have the right to re-enter and resume possession of the Premises 7 INDEMNIFICATION Tenant will indemnify and save harmless Landlord of and from any and all fines, suits, claims, demands, and actions of any kind by reason of any breach, - 5 violation, or non-performance of any conditions hereof on the part of Tenant, its agents or employees Tenant is, or will become familiar with the Premises, acknowledges that the same are received by Tenant in good state of repair, accepted by Tenant in the condition in which they are now or shall be when ready of occupancy 8 DAMAGE OR DESTRUCTION 8 1 In the event the Leased Premises shall be partially or wholly damaged or destroyed by fire or other cause during the Lease Term and such damage or destruction results in the Leased Premises being untenantable or unsuitable for its intended use, then Landlord shall have the right, but not the obligation, to render such Leased Premises tenantable by repairs within one hundred twenty (120) days therefrom If Landlord so elects not to rebuild, after damage as described in the preceding sentence, then Tenant may elect that this Lease shall cease and come to an end as of the date of such damage or destruction and all Rent and Additional Rent owed up to the time of such damage or destruction shall be paid by Tenant If Landlord elects not to rebuild, Tenant shall have the right to cancel this Lease within sixty (60) days from date of notice of such election or ninety (90) days from date of fire or casualty, whichever is later Landlord shall given Tenant written notice of its decisions, estimates or elections under this Section 8 1 within thirty (30) days after any such damage or destruction If the Lease Premises and Building are not rendered fully tenantable within one hundred twenty (120) days, then either Tenant or Landlord may terminate this Lease as of the date of the fire or casualty by written notice to Landlord or Tenant, respectively, given within one week of such 120 day period 8 2 During any time that the Leased Premises are untenantable due to causes set forth in this Section 8 2, the Rent or a just and fair proportion of it shall be abated If more than twenty-five percent (25%) of the Leased Premises are rendered untenantable by any of the events described in this Section 8 2, all of the Leased Premises shall be deemed untenantable and all Rent shall abate Landlord shall, subject to rights of cancellation described in this Section 8 2, restore the Leased Premises and Office Building, full Rent shall recommence upon completion of restoration of the Leased Premises and Building 9 EMINENT DOMAIN If there shall be taken (including purchase in lieu of condemnation) during the Lease Term any part of the Leased Premises or Office Building, other than a part not interfering with maintenance, operation or use of the Leased Premises, Landlord or Tenant may elect, by giving notice to Tenant within ninety (90) days of the date of such taking, to terminate this Lease or to continue it in effect If Landlord and Tenant elect to continue the Lease, the rent shall be reduced in the proportion of the area of the Leased Premises so taken to the entire Leased Premises (or, in the event property outside the Leased Premises is taken, rent shall be equitably adjusted therefor) and Landlord shall repair any damage to the Leased Premises or Office Building resulting from such taking If twenty- five percent (25%) or more of the Leased Premises is untenantable, as a result of such taking, then all of the Leased Premises shall be deemed untenantable If all of the Leased Premises is taken by condemnation or eminent domain, this Lease shall terminate on the date of taking All sums awarded (or agreed upon set forth in its notice, which date shall not be less than ten (10) nor more than sixty (60) days after the date of such notice, this Lease shall then terminate at noon of such cancellation date, unless all of such agreements shall have been duly tendered meanwhile, as if such cancellation date were the expiration date, and Landlord shall have no further obligation to Tenant hereunder except to return any monies previously paid by Tenant to Landlord under this Lease 10 ASSIGNMENT AND SUBLETTING 10 1 With the written consent of Landlord first obtained in each case, which consent may not be unreasonably withheld, Tenant may assign, transfer, or otherwise encumber or dispose of this Lease or sublease all or any part of the Leased Premises or permit all or any part of the Leased Premises to be occupied by other persons Notwithstanding the foregoing, Tenant shall be absolutely prohibited from assigning, subletting or otherwise transferring this Lease to any bank or financial institution 10 2 If Tenant desires to sublease all or part of the Leased Premises or to assign this Lease, or to grant occupancy rights to other than Tenant, Tenant shall submit to Landlord a written request for the consent of Landlord to such subletting or assignment or occupancy Landlord shall have the option within five (5) days of receipt of such notice to approve or disapprove the proposed subtenant or assignee or occupant, or such approval shall be deemed given 11 DEFAULT Landlord and Tenant agree that if Tenant shall fail to perform any of the material terms, provisions, covenants or conditions of this Lease on Tenant's part to be performed, then and in any such event, at the option of Landlord thirty (30) days after Landlord has given Tenant notice, in the manner provided in this Lease, of such act, condition or default, provided Tenant has not cured such act, condition or default within such thirty (30) days period or Tenant has begun and is diligently proceeding to cure such act, condition or default, Tenant agrees immediately then (a) to pay rent through the date Tenant vacates the Leased Premises, and (b) to quit and surrender said Leased Premises to Landlord The remedies and options of Landlord described in this section shall not impair or affect Landlord's right to maintain summary proceedings of the recovery of the possession of the Leased Premises in all cases provided for by law 12 LIEN FOR PAYMENT OF RENT Landlord expressly waives its Landlord lien 13 RIGHT OF ENTRY Upon prior notice duly given by Landlord to Tenant, Landlord, or any of its agents, shall have the right to enter the Leased Premises during all reasonable hours to examine it or to make such repairs, additions or alterations as may be deemed necessary for the safety, comfort, or preservation of the Leased Premises, or of the Office Building, or to exhibit the Leased Premises at any time within one hundred eighty (180) days before the expiration of this Lease Landlord shall use good efforts to interfere as little as possible with Tenant's business 14 NOTICE: Any notice given Landlord as provided for in this Lease shall be in writing and sent to Landlord by hand delivery or overnight mail (or nationally recognized overnight delivery service) addressed to Landlord at the Premises Any notice to be given Tenant under the terms of this Lease, unless stated otherwise in this Lease, shall be in writing and shall be sent by hand delivery or overnight mail (or nationally recognized overnight delivery service) or personally delivered to Village of Key Biscayne, 85 West McIntyre Street, Key Biscayne, Florida 33144, Attn• Village Manager, with a copy to Weiss Serota & Helfman, P A , 2665 So Bayshore Dr , Suite 204, Miami, FL 33133 Either party, from time to time, by such notice, may specify another address to which subsequent notice shall be sent or delivered Notice shall be deemed given on the date it is actually received or on the date receipt is refused 15 ATTORNEYS' AND ACCOUNTANTS' FEES• In any litigation arising out of Tenant or Landlord defaults in the performance of any of the terms, provisions, covenants and conditions of this Lease and by reason of such default Landlord or Tenant employs the services of any attorney or accountant to enforce performance of the covenants, or to perform any service based upon defaults, then in any of said events the prevailing party shall be entitled to reasonable attorneys' (including paralegal and similar support personnel) and accountants' fees and all expenses and costs incurred by it pertaining to such matters (including costs and fees relating to any appeal) and in enforcement of any remedy In the event of a settlement, each party shall bear its own expenses unless otherwise agreed in writing 16 CONDITION OF PREMISES ON TERMINATION OF LEASE AND HOLDING OVER: Tenant agrees to surrender to Landlord, at the end of the Lease Term or upon the earlier termination of this Lease, whichever is sooner, the Leased Premises in as good condition as the Leased Premises were at the time Tenant first occupied the Office Building, ordinary wear and tear, and damage by fire or other casualty not caused by Tenant's negligence, excepted 8 17 SIGNAGE• Landlord agrees to permit Tenant to install a wall sign or window sign at Tenant's expense at a location along the exterior frontage of the Leased Premises Said sign shall comply with all applicable governmental regulations Additionally, Landlord grants to Tenant the right at Tenants sole cost to install a pylon sign on the existing pole located within the planted area immediately in front of the Premises Said sign shall comply with all applicable governmental regulations 18 PARKING Landlord shall provide Tenant with the nonexclusive use of 10 parking spaces and the exclusive use of 2 parking spaces The exclusive spaces shall be at a cost of $15 per month per space The spaces shall be appropriately marked For Tenants use, however, Landlord does not assume the responsibility to monitor, control or otherwise police the usage Tenant shall be permitted to post No Parking/Towing signs on the exclusive spaces 19 COMPLIANCE WITH CODES Landlord shall be obligated as of the Commencement Date to bring the Office Building in to compliance with all Federal, State and local laws and regulations governing the use and occupancy of the Office Building with the express understanding that the Premises is to be used as a public building for municipal government This obligation includes, but is not limited to, the requirement that the Office Building be retrofitted as needed to comply with all Federal, State and local codes, laws and regulations governing handicapped accessibility 20 UTILITIES The cost of electricity, telephone and other utility service as well as janitorial services, to the Premises shall be the sole responsibility of the Tenant Separate metering shall be provided by Landlord for each of these services, including air conditioning which will be provided through a system separate from the Office Building system 21 INVALIDITY OF PROVISION If any terms, provision, covenant or condition of this Lease or the application of it to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this Lease or the application of such term, provision, covenant or condition to persons or circumstances other than those as to which it is held invalid or unenforceable shall not be affected thereby and each term, provision, covenant or condition of this Lease shall be valid and enforceable to the fullest extent permitted by law This Lease shall be construed in accordance with the laws of the State of Florida The venue for any lawsuit arising out of this Lease shall be Dade County, Florida 22 TIME OF ESSENCE• It is understood and agreed between the parties to this Lease that time is of the essence with respect to all the terms, provisions, covenants and conditions of this Lease 9 23 MISCELLANEOUS• The terms "Landlord" and "Tenant" as contained in this Lease shall include singular and plural, masculine, feminine and neuter, heirs, successors, executors, administrators, personal representatives and assigns, wherever the context so requires or admits The terms, provisions, covenants and conditions of this Lease are expressed in the total language of this Lease Agreement The section headings are inserted solely for the convenience of the reader and shall not be deemed to limit or expand any of the provision of this Lease Any formally executed addendum to or modification of this Lease, shall be expressly deemed incorporated in this Lease by reference unless a contrary intention is clearly stated in such addendum or modification 24 ENTIRE AGREEMENT: This Lease contains the entire agreement between the parties to this Lease and all previous negotiations leading to the execution of this Lease This Lease may be modified only by an agreement in writing, signed and sealed by Landlord and Tenant 25. BROKERAGE: Tenant and Landlord each represents and warrants to each other that it has dealt with no broker, agent, salesperson, finder or other person in connection with this transaction and that no broker, agent or other person brought about this transaction 26 FORCE MAJEURE• Neither Landlord nor Tenant shall be required to perform any term, condition, or covenant in this Lease so long as its own respective performance is delayed or prevented by "Force Majeure," which shall mean labor controversies, strikes and lockouts (whether lawful or not) either industry -wide or with third parties other than Landlord and Tenant, respectively, acts of God, material or labor unavailability, inability to obtain fuel or power, catastrophes, national or local emergencies, restrictions by any governmental authority, civil riots, floods, and any other causes not reasonably within the control of Landlord or Tenant, as applicable, and which by the exercise of due diligence Landlord and Tenant, respectively, is unable, wholly or in part, to prevent or overcome Lack of money shall not be deemed Force Majeure 27 SHORT FORM LEASE: Upon request by Landlord or Tenant, the other party shall execute a short form lease in recordable form setting forth the name of the parties, the Lease Term, the provisions of this Lease and the description of the Leased Premises 28 RELATIONSHIP OF PARTIES: Nothing contained in this Lease shall be deemed or construed by Landlord and/or Tenant or by any third party to create the relationship of principal and agent or of partnership or of joint venture or of any association whatsoever between Landlord and Tenant, it being expressly understood and agreed that neither the computation of rent nor any other provisions contained in this Lease nor any act or acts of Landlord - 10 - or Tenant shall be deemed to create any relationship between Landlord and Tenant other than the relationship of landlord and tenant 29 EXPANSION SPACE: 29 1 Tenant shall have the right during the Initial Term (the "Option Right") to lease 2,150+ square feet of Net Rentable Area of space on the second floor of the Office Building as shown on Exhibit "B" (the "Option Premises"), on the following terms: 29 1 1 Tenant must give notice to Landlord of its intent to exercise the Option Right before February 1, 1992; 29 1 2 The leasing of the Option Premises shall commence on the day on which the Option Premises are delivered to Tenant with Landlord's buildout (in accordance with Section 29 1 5) substantially completed (the "Option Commencement Date"), 29 1 3 If Tenant exercises its Option Right, then, effective as of the Option Commencement Date, the Option Premises shall be included in the Net Rentable Area leased under this Lease, the terms "Leased Premises" and "Premises" used in this Lease shall include the "Option Premises", and Tenant shall be entitled to additional nonexclusive parking spaces to maintain the same ratio of parking spaces to square feet of Net Rentable Area in the Leased Premises The term for the Option Premises shall be the same as for the Leased Premises and all applicable provisions of this lease shall govern the Option Premises, including Landlord's obligation to comply with all codes and regulations as set forth in paragraph 19 as it relates to the Option Premises 29 1 4 If Tenant exercises its Option Rights then the Option Premises shall be rent free until March 1, 1993. Subject to the CPI adjustments in Section 3, the Base Rent shall be $10.00 per square foot of Net Rentable Area for each Lease Year thereafter and shall be paid as provided in the Lease; 29 1 5 Landlord shall, at its cost, build out the Option Premises according to Landlord's then -standard work letter which shall not exceed $9.30 per square foot In the event Tenant requests a buildout which exceeds $9 30 per square foot, Tenant shall be responsible for that additional cost 29 2 If Tenant exercises its rights under this Section 29, then the Option Premises, as applicable, shall become a part of the Leased Premises, and all provisions of this Lease shall apply except those specifically modified in this Section 29, upon the completion of such Option Premises pursuant to the standards described in this Lease for the initial buildout LANDLORD and TENANT have signed, sealed and delivered this Lease in multiple copies, all of which constitute but one Lease, at Dade County, Florida, as of the day and year first above written. WITNESSES LANDLORD KEY BISCAYNE BANK AND TRUST CO , a Florida corporation, By , President [CORPORATE SEAL] TENANT• VILLAGE OF KEY BISCAYNE, a Florida municipal corporation By Rafael Conte, Mayor Steve/keybiscayne\kbBank3 les 103001 9 f,`p: EngotrIn From. To: OfluIIntL 1R8 VILLAGE OF KEY BISCAYNE BOARD OF TRUSTEES Building and Zoning Consultants' Recommendations The Board of Trustees Hearing Date Hearing Number: Applicant. Request: 1. 2. Purim: Location: 3. 4. December 3, 1991 90-692 (C A P No 30-201) s,Ja.sser Management Services, Inc Unusual use to permit outdoor dining Modification of previously imposed condition requiring a 5' high wall along the West side of the property line, to waive said wall and require only landscaping. Non -Use Variance of parking requirements to permit 44 parking spaces (73 parking spaces required). Non-use variance of parking requirements to permit a stall depth, of 19' (21' required) and to permit an aisle width of 11 5' (17' required) . • To permit 144 square feet of additional outdoor dining to service an existing ice cream shop • To permit modification of the landscape requirement • To permit a variance of parking requirement regulations. 200 Crandon Blvd, Suite 220 Existing. Zoning_ and Lan< Case; Subject Property: Size: Surrounding Property: BU -1 Neighborhood Business District 1531 x 4681 North. South East: West. 130-1 Medical Office Building BU -1 Shopping Center RU -4C Apartments RU -1 Single Family Residences compre�e�nsive Development Master Plan: 1 The adopted 2000 and 2010 Land Use plan designates toe subject Property as being within the urban development boundary for Business and Office. 434$ $ W 74th Court Mir;mi, Florida 33155 (305) 667 8484 Fax (305) 667 8539 1 Recommendation: 1.. In 1976, the Applicants were granted an Unusual Use Permit allowing outdoor dining and table service in connection with an existing restaurant. The applicant now wants to add 144 square feet of outdoor dinins area to service{ the ice cream shop. The lack of adequate parking spaces, driveway aisle width and poor vehicular circulation do not help justify the increase an use proposed by the Applicants. In Staff'p opinion, there is no need to allow additional outdoor dining area when the existing tables may be utilized by the restaurant and ice cream establishments in their common Courtyard area. 4 Further, the proposed additional outdoor dining location will Increase vehicular circulation; congestion and require more parking spaces, which is already less than required. 2 There are single family homes directly West of the subject Property which should be buffered from this commercial Property. Staff recommends that the request for waiving the 5' high walk, along the West side of the property line be denied and that the wall and land$caping be provided as originally required in Condition #4 of Resolution 4-ZAB-85-76 and Condition #2 of Resolution Z-102-77. 3. The request for a Variance of parking requirements tt permit 41 Off -Street Parking Spaces, where 73 parkin/ spaces are required, is extreme and consequently Staff recommends denial. 4. The existing parking layout is an antiquated desig utilized for the original Motel, with parking in front of the individual units To permit parking stalls 19 deep (21,' required) and driveway aisle widths of 11.51 (17' required) would provide further congestion resulting from one Way circulation and reduced maneuvering space. Therefore, Staff recommends denial,; Date Inspected: Date Typed: Date Revised: Date Final: 11/21/91 11/27/91 11/29/91 C.A.? Engineering Consultants, Inc Dance 5 Nieda, R A. Buil ng and Zoning Director Village of Key Biscayne C A P Engineering Consultants, Inc 4( VILLAGE OF KEY BISCAYNE BOARD or TRUSTEES Prom: Building and Zoning Consultants , Recommendations To: The Board of Trustees Hearing Date: Hearing Number; Applicant. Request: 1 2. Purpose: Location: December 3, 1991 C.A P No. 30-202 Teff erson Natx_ona 1 Bank Use -Variance of existing asphalt paving area four temporary location of a 24' x 60' double -wide trailer Banking Facility. Installation of signage for the temporary Bankin Facility. To provide temporary Banking Facility in a 24' x 60' Double -Wide Trailer from December 1991 to August 19921, during the construction of the permanent Facility. 1 Key Biscayne Shopping Plaza 600 Crandon Blvd. Exist 1p Zoun and Lan Use Subject Property: Size: Surrounding Property. pomprehens ive BU -1 Neighborhood Business District 350' x 560' North: East South West: BU -1A, Automobile Service Gas Station RU -4L, Limited Apartment House District BU -1, Neighborhood Business District RU -1, Single Family Residential Development Master Plan. Recommendation: 1? The adopted 2000 and 2010 Land Use Plan designates the subject Property as being within the urban development boundary for Business and Office. 1 The temporary Banking Facility should not cause traffic disruption to the existing Shopping Center provided that it be properly situated on the existing paved parking area. The Contractor plans to demolish the Winn -Dixie and the existing Jefferson National Bank facility in early Jaruary 1992 This reduction should create a temporary surplus of parking area, with the appropriate construction staging consequently, Staff recommends approval, with conditions., 4848 S W 74th Court Miami, Florida 33155 (305) 667 8484 Fax (305) 667 8539 Recommendation (Conti... .. } 2. The signage associated with the temporary Banking Facility is to be placed in the front (West side) and back (East I side of Crandon Blvd) of the Trailer Staff recommends 1 approval, with conditions C ,red jt ions : 1 Temporary Banking Trailer Pac.1 x.tv A. Provide a Site Plan indicating the location of the temporary Banking Facility on the Eastern edge of the Parking area between the two existing curb cuts to Crandon Blvd. The Site Plan shall provide landscaping improvements, means of Handicapped accessibility and designate one Handicapped parking space. B. Provide Building Permit Plans indicating means of anchoring the Trailer to the ground and electrical, water and sewer connections C Provide exterior elevations indicating means of visual, screening for the vertical space between the existing grade and the underside perimeter of the trailer 2 Te ►pQzAr-Y—S nage A. Provide Building Permit Plans indicating material, text, size and installation details for the temporary signage Staff does not recommend Banner type signage. Date Inspected: Date Typed* Date Revised: Date Final: 11/21/91 11/27/91 11/29/91 C A P Engineering Consultants, Inc. Dan e B. Nieda, R A Bui1 ing and Zoning Director Village of Key Biscayne Village of Key 85 W McIntyre Street Key Biscayne, Florida 33149 (305) 365-5511 • Fax 365-5556 December 3, 1991 TO Board of Trustees FM Cliff Brody RE CATV Report Mayor Rafael Conte Vice Mayor Ray Sullivan Trustees Clifford Brody Mortimer Fried Mike ]fill [ uis Lauredo Joc 1 Rasco We have reached agreement with Adelphia Cable to air t Board meetings on cable channel 38 (subject to change fromm timeilao time) at 7 00 PM each Thursday and 10.00 AM each Friday tog the Village Board meetings They are ready to begin as following tapes are available (realistically we can't startuntil soon as the microphone system) Adelphia will be provide the 1/2"m VHS have tapetpe player, the labor to air the tape, and the airtime no a community service Mr Bruce Ellis, General Manager should be e recognized for his cooperation in this effort and his cooperation is obtaining the city portion of CATV franchise fees from e County retroactive to July 1, 1991 Dade We have received the following proposals for the production tapes P ion of the 1 Manny Quintanna, Island Resident, Employed at Bristol's Camera, $75 per meeting to of s camera and no lighting produce unedited tape using one 2 Frank Garisto, Island Resident, experience in field includes producing several outdoor sports and nature video programs, $65 per hour (estimated to be $225-260 per meeting depending on editing) to produce a tape either unedited or edited* using two HI -8 video cameras (broadcastquality and for low light conditions <no TV lights required fr b ant quality> type cameras) roadcast 3 Adelphia Cable, $300 per meeting to e tape using one broadcast quality camera and rollie9 htsn unedited 4 Broadcast Quality Inc , $375 per meeting to unedited tape using one broadcast quality camera and°ducean fights * Editing includes titles, color correctin transfers It can also include actual editing butthase is normally done with tapes used for documentation purposes oses not None of the above prices include the cost of the tapes should be used for each meeting so the may be New tapes archival purposes Y retained for