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Reso 2020-3112
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Reso 2020-3112
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Last modified
10/5/2020 9:57:56 AM
Creation date
10/5/2020 9:55:31 AM
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CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
2020-3112
Date (mm/dd/yyyy)
09/17/2020
Description
United States Postal Service
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r <br />Facility Name/Location <br />Miami - Sunny Isles Beach Finance (115902-001) <br />18070 COLLINS AVE, SUNNY ISLES BEACH FL 33160-2723 <br />General Conditions to USPS Lease <br />County: Dade <br />Lease: Q90000541565 <br />e. For Landlord claims of $100,000 or less, the Postal Service Contracting Officer must, if requested in writing by <br />the Landlord, render a decision within 60 days of the request. For Landlord -certified claims over $100,000, the <br />Postal Service Contracting Officer must, within 60 days, decide the claim or notify the Landlord of the date by which <br />the decision will be made. <br />f. The Postal Service Contracting Officer's decision is final unless the Landlord appeals or files a suit as provided in <br />the Act. <br />g. When a claim is submitted by or against a Landlord, the parties by mutual consent may agree to use an <br />alternative dispute resolution (ADR) process to assist in resolving the claim. A certification as described in <br />subparagraph d of this clause must be provided for any claim, regardless of dollar amount, before ADR is used. <br />h. The Postal Service will pay interest on the amount found due and unpaid from: <br />1. the date the Postal Service Contracting Officer receives the claim (properly certified if required); or <br />2. the date payment otherwise would be due, if that date is later, until the date of payment. <br />i. Simple interest on claims will be paid at a rate determined in accordance with the Act. <br />j. Landlord must proceed diligently with performance of this Lease, pending final resolution of any request for relief, <br />claim, appeal, or action arising under this Lease, and comply with any decision of the Postal Service Contracting <br />Officer. <br />k. In the event of an alleged Postal Service default where the Postal Service has vacated the Premises, Landlord <br />shall ' obtain another tenant for the Premises and <br />to otherwise mitigate its damages. In no event shall the Postal Service or Landlord be liable for any consequential, <br />punitive, or special damages under this Lease. The parties agree that this restriction shall not apply to liquidated <br />damages, if any, provided for in any workletter or other rider or attachment to this Lease. SEE ADDENDUM #24 <br />10. GENERAL <br />a. Quiet Enjoyment. Without limiting any rights the Postal Service may have by statute or common law, Landlord <br />covenants and agrees that, provided that the Postal Service is not in default under this Lease, and for so long as <br />this Lease is in full force and effect, the Postal Service shall lawfully and quietly hold, occupy and enjoy the <br />Premises during the term of this Lease from and after Landlord's delivery of the Premises to the Postal Service until <br />the end of the term, without disturbance by Landlord or by any person having title paramount to Landlord's title or <br />by any person claiming by, through or under Landlord. <br />b. Exterior of Building. Landlord shall not place, or allow any other person or entity to place, any advertising, bas <br />reliefs, murals or other decorations on the exterior walls of the area in which the Premises is located eeFshall <br />Nothing stated herein is <br />intended to prohibit Landlord from replacing the landscaping or plantings in existence at the commencement of this <br />Lease as needed. SEE ADDENDUM #25 <br />c. Recording. Not Applicable <br />August 2017 Page 10 of 14 <br />
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