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Reso 2025-3823
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Reso 2025-3823
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Last modified
2/3/2026 11:18:34 AM
Creation date
4/24/2025 11:43:19 AM
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CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
2025-3823
Date (mm/dd/yyyy)
04/17/2025
Description
AWD ITB NO. 25-01-01, Approve Agmt w/ Waypoint Contracting, for Const. Renovation Svcs - Annex BLDG, 18050 Collins Ave.
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at the sole expense of Lessee. All alterations, additions and improvements shall be performed in <br />accordance with such restrictions and regulations as Lessor may impose in connection therewith, <br />including the applicable terms of the Lease. Without limiting the generality of the foregoing, <br />Lessee shall pay to Lessor (or if Lessor requests,) all fees required by the Lease or otherwise <br />imposed by Lessor in connection with any alterations, additions or improvements requested to be <br />performed by Lessee and until such amounts are paid in full, Lessor shall have no obligation to <br />consider or act upon Lessee's request to make such alterations, additions or improvements. <br />14. Liens. Lessor hereby notifies all mechanics, materiahnen and other lienors that pursuant <br />to Florida Statutes §713.10, any liens under Florida Statutes Chapter 713 shall extend to, and <br />only to, the right, title and interest of the person who contracts for the improvement in question <br />and that neither the interest of Lessor nor any superior interest in the Leased Premises, shall be <br />subject to liens for any improvements, services or materials made by, contracted for or otherwise <br />authorized by Lessee or by any employee, contractor or agent of Lessee, and that Lessee has no <br />power, authority or permission to create any such lien. Lessee agrees that prior to contracting for <br />or otherwise authorizing any improvements, services or materials to be made in or delivered to <br />the Leased Premises, Lessee shall notify the applicable contractor of the foregoing provisions. <br />Lessee fiather agrees that upon request of Lessor, Lessee shall execute a notice which sets forth <br />the foregoing provisions, which notice may be recorded by Lessor in Miami -Dade County. <br />Further, Lessee agrees to indemnify, defend, and save Lessor harmless from and against any <br />damage or loss, including reasonable attorneys' fees, incurred by Lessor as a result of any liens <br />or other claims arising out of or related to work performed in the Leased Premises by or on <br />behalf of Lessee. <br />15. A.ssignmenjand Subletting. Lessee shall not mortgage, encumber, transfer, or assign <br />this Lease in whole or in part, or further sublet or permit occupancy of the Leased Premises, or <br />any part thereof or interest therein or enter into any other arrangement which does or may require <br />the consent of the Lessor, including any of the foregoing effected by operation of law (each a <br />"Transfer"), without the prior written consent of Lessor, which consent of Lessor shall not be <br />unreasonably withheld. Lessor's withholding of such consent shall be deemed unreasonable if <br />Lessor does not consent for any reason. The sale or other transfer of majority partnership <br />interest in or any capital stock of, or the issuance of majority additional partnership interest in or <br />any capital stock of, Lessee or any partner in Lessee or any entity directly or indirectly owning or <br />controlling Lessee or any partner is Lessee shall be deemed a Transfer which requires Lessor's <br />prior written consent, except with respect to capital stock which is publicly traded. Lessor shall <br />be notified of any sale or transfer of any partnership interest in the Lessee. No Transfer shall <br />relieve Lessee from any of its obligations under this Lease. Notwithstanding anything to the <br />contrary contained herein, Lessor shall have the option, exercisable by notice to Lessee, to <br />recapture all of the Leased Premises, or at the option of Lessor, the portion of the Leased <br />Premises subj cot to the proposed Transfer in the event that less than all of the Leased Premises is <br />subject to the proposed Transfer. Such recapture notice shalt cancel and terminate this Lease <br />with respect to the space being recaptured as of effective date of the proposed Transfer. if this <br />Lease shall be canceled with respect to less than all of the Leased Premises, then the Base Rent <br />and the Additional Rent shall be prorated on the basis of the number of net rentable square feet <br />retained by Lessee in proportion to the number of net rentable square feet contained in the <br />Leased Premises and this Lease as so modified shall continue in full force and effect, if consent <br />540 <br />
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