HomeMy WebLinkAboutReso 2020-3112RESOLUTION NO. 2020 - r
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
SUNNY ISLES BEACH, FLORIDA, RATIFYING A LEASE AGREEMENT
BETWEEN THE CITY OF SUNNY ISLES BEACH, FLORIDA, AND THE
UNITED STATES POSTAL SERVICE, ATTACHED HERETO AS
EXHIBIT "A"; AUTHORIZING THE CITY MANAGER TO DO ALL
THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Sunny Isles Beach, Florida (the "City"), leases a portion of its
government office located at 18070 Collins Avenue to the United States Postal Service ("Postal
Service") for a post office branch location; and
WHEREAS, the previous lease agreement expired on March 31, 2020; and
WHEREAS, the City wishes to continue to lease office space to the Postal Service for a
branch location in the Government Center; and
WHEREAS, the parties agreed to a five year lease agreement with the Postal Service in an
annual amount of Thirty -Nine Thousand Dollars ($39,000.00), effective April 1, 2020, through
March 31, 2025, with an optional five year renewal period at the then existing market value in the
City (the "Agreement"); and
WHEREAS, the City Commission now wishes to ratify a Lease Agreement with the
United Sated Post Office for a five-year period, effective April 1, 2020, through March 31, 2025,
in an annual amount of Thirty -Nine Thousand Dollars ($39,000.00), attached hereto as Exhibit
"A",
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Ratification of Lease Agreement. The City Commission hereby ratifies a Lease
Agreement between the City of Sunny Isles Beach and the United States Postal Service, effective
April 1, 2020, through March 31, 2025, in an annual amount of Thirty -Nine Thousand Dollars
($39,000.00), attached hereto as Exhibit "A".
Section 2. Authorization of City Manager. The City Manager is hereby authorized to do all
things necessary to effectuate the terms of this Resolution.
Section 3. Effective Date. This Resolution shall become effective upon adoption.
PASSED AND ADOPTED this 17th day of Sept ber 20.
George H. Scholl, Mayor
82020 Lease Agmt with the US Postal Service Page 1 of 2
icio Betancur, CMC, City Clerk
I
'Edward A.
V
Moved bya/sAjjW Seconded by:d��GJ/SS/Old//f�2.
TO FORM
AL S ,FFMIENCY:
ion, City Attorney
Vote: 40
Mayor Scholl A&-re/Vfr-
Vice Mayor Svechin
Commissioner Goldman
Commissioner Lama
Commissioner Viscarra
82020 Lease Agmt with the US Postal Service Page 2 of 2
Yes)
(No)
(Yes)
(No)
es)
(No)
(Yes)
(No)
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City of Sunny Isles Beach
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18070 Collins Avenue
Sunny Isles Beach, Florida 33160
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(305) 947-0606 City Hall
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(305) 949-3113 Fax
MEMORANDUM
TO: The Honorable Mayor and City Commission
FROM: Christopher J. Russo, City Manager
DATE: 9/17/2020
Ratification of a Lease Agreement with the United
RE: States Postal Service for the Lease of 1,200 sq. ft. of
Office Space
RECOMMENDATION:
This Resolution is presented for your approval.
REASONS:
The United States Postal Service ("USPS") currently leases 1,200
square feet of office space in the City's Government Center for a
branch post office. The lease expired on March 31, 2020. Due to the
COVID-19 pandemic, the City Manager exercised his authority and
executed a new lease agreement. The term of the agreement is for
five (5) years, which commenced on April 1, 2020, and will expire on
March 31, 2025, with an additional five (5) year renewal period.
During this initial five (5) year period, USPS will pay an annual rent of
$39,000.00 per year. During the optional renewal period (April 1, 2025
- March 31, 2030), the annual rate will increase to the then existing
market value.
ATTACHMENTS:
Description
Resolution
Lease Agreement
Item Number: 10.X.
POSTAL M)
Lease
Miami - Sunny Isles Beach Finance (115902-001)
18070 COLLINS AVE, SUNNY ISLES BEACH FL 33160-2723
UA[IrT ��
AM 5
Lease (Multi -Tenant Form)
Facility Name/Location
Miami - Sunny Isles Beach Finance (115902-001) County: Dade
18070 COLLINS AVE, SUNNY ISLES BEACH FL 33160-2723 Lease: Q90000541565
This Lease, by and between CITY OF SUNNY ISLES BEACH, ("Landlord") and the United States Postal Service
("USPS" or "Postal Service"), is made as of the Effective Date. The "Effective Date" shall mean the date the
Postal Service executes this Lease.
In consideration of the mutual promises set forth and for other good and valuable consideration, the sufficiency of
which are hereby acknowledged, the parties covenant and agree as follows:
1. PREMISES: Landlord hereby leases to the Postal Service and the Postal Service leases from Landlord, the
following premises (the "Premises") located in a Brick/Block building having a street address of 18070 COLLINS
AVE, SUNNY ISLES BEACH, FL 33160-2723 (the "Building") situated upon the real property with an Assessor's
Parcel Number of 31-2211-082-0030 (the "Property"). The Premises consists of approximately 1,200 square feet
of net interior space as shown cross -hatched on Exhibit A and additional space,if any, as shown on Exhibit C
attached hereto and incorporated herein by this reference.
The Postal Service shall have the non-exclusive right in common with other tenants, if any, of the Building to use
any and all stairways, halls, toilets and sanitary facilities, and all other general common facilities in the Building as
well as appurtenances and easements benefiting the Premises and the Property, and all common sidewalks,
driveways, drive lanes, entrances, exits, access lanes, roadways, service areas, parking and other common areas,
wherever located in or on the Property, which the Postal Service deems necessary or appropriate to support its
intended use of the Premises and to exercise its rights under this Lease. Landlord shall not make any changes to
the size, location, nature, use or place any installations upon, the common areas, including, without limitation the
sidewalks and parking areas, of the Property which impair the accessibility to or visibility of or ease of use of the
Premises by the Postal Service and/or its customers, as reasonably determined by the Postal Service.
2. TERM: The Lease shall be effective as of the Effective Date but the term of this Lease and the obligations of the
Postal Service, including the payment of any charges or rent under this Lease, shall begin on April 01, 2020
("Commencement Date") and end on March 31, 2025, unless sooner terminated or extended as provided herein.
If this Lease is extended, then such extended period shall also be referred to herein as the "term."
3. RENT: The Postal Service will pay Landlord an annual rent of: $39,000.00 ("Rent"), payable in equal
installments at the end of each calendar month during the term. Rent for a part of a month will be prorated
according to the number of days of the month occurring during term.
Rent shall be paid to:
CITY OF SUNNY ISLES BEACH
18070 COLLINS AVE
SUNNY ISLES BEACH, FL 33160-2723
4. RENEWAL OPTIONS: The Postal Service shall have the right to the following renewal options:
_11-1-11--___.._.....
;Annual i
Period Rent
04/01/2025 E03/31/2030' Valuet
August 2017 Page 1 of 2
Facility Name/Location
Miami - Sunny Isles Beach Finance (115902-001)
18070 COLLINS AVE, SUNNY ISLES BEACH FL 33160-2723
Lease (Multi -Tenant Form)
County: Dade
Lease: Q90000541565
provided that notice of exercise of each such renewal option is sent in writing, to the Landlord at least 60 days
before the end of the initial Lease term and each renewal term. All other terms and conditions of this Lease will
remain the same during any renewal term unless stated otherwise herein.
5. OTHER PROVISIONS: When used herein the term 'lease" or "Lease" includes all of the following additional
provisions, modifications, riders, layouts, and/or forms which were agreed upon prior to execution and made a part
of this Lease.
• General Conditions to USPS Lease
• Real Estate Conflict of Interest Certification
• Addendum
• Maintenance Rider Landlord Responsibility
• Utilities, Service, & Equipment Rider
• Renewal Option Rider (Market Value)
6. TERMINATION: There shall be no early termination rights, except as otherwise provided in this Lease.
[Signature Page Follows]
August 2017 Page 2 of 2
�"'�►!�`���'-- Signature Page
1'+t VISHTI ��> VICE-.
Facility Name/Location
Miami - Sunny Isles Beach Finance (115902-001) County: Dade
18070 COLLINS AVE, SUNNY ISLES BEACH FL 33160-2723 Lease: Q90000541565
LANDLORD
CITY OF SUNNY ISLES BEACH
Name: �6a10+i ('l �G tv By:
Witness
Name:
Title: cl Ww'fl C�
C
Name: Date: Ll Jz 6 -), b
Witness
Provide for Execution by Witnesses above or Notary below
State of 'T- Oy-^ L jl -
County of
I, the undersigned Notary Public of the Court of lV `\ Wk -DA-dL and State aforesaid, certify that
Ql�- tSYOPV '�11� 1 personally appeared before
me this day and acknowledged the due execution of the foregoing instrument for the purposes therein expressed.
Witness my hand and Notarial stamp or seal this;�day of WV -dA
My Commission Expires: 1 C�!
(Affix S I V I v vT `r^'' --
;,,.ti v'a�s•,, KATHRYNMATOS Notary's Printed or
NotaryPublic- StateofFlorida rY id Typed Name
'Commission # GG 107724
°F My Comm. Expires Jun 9, 2021
Borded tl rougl, National Notary Assn.
POSTAL SERVICE
By:
Name: TERRENCE BRENNAN
Title: Contracting Officer
Date:
August 2017 Page 1 of 1
otary Public
UJVITED STATES
POSTAL SEMV1685.
Facility Name/Location
Miami - Sunny Isles Beach Finance (115902-001)
18070 COLLINS AVE, SUNNY ISLES BEACH FL 33160-2723
County: Dade
Lease: Q90000541565
Instructions
Instructions for Execution and Providing Supporting Documentation for Types of Landlord Entities
Individual, Administrator, or Trustee
a. All co-owners and all other persons having or to have a legal interest in the property must execute the Lease. If
the Landlord is married, the spouse of the Landlord must also execute the Lease. The Landlord must submit
adequate evidence of title.
b. Where the Landlord is an administrator or an executor of an estate, there must be furnished a certificate of the
clerk of the court or certified copy of the court order showing the appointment of the administrator or executor,
together with a certified copy of the will of the deceased. If there is no will, or in the event the will of the
deceased does not specifically authorize the administrator or the executor to enter into a contract to lease the
proposed quarters, it will generally be necessary to furnish, in addition to the above named items, a certified
copy of the court order authorizing such administrator or executor to enter into a lease with the Postal Service.
c. Where the Landlord is a trustee, a certified copy of the instrument creating the trust must be furnished together
with any other evidence necessary to establish the trustee's authority to lease.
Partnership
a. All co-owners and all other persons having or to have a legal interest in the property must execute the Lease. If
the Landlord is married, the husband or wife of the Landlord must also execute the Lease. The Landlord must
submit adequate evidence of title.
b. If the Landlord is a general partnership, each member must sign.
c. If the Landlord is a limited partnership, all general partners must sign.
Corporation
a. Where the Landlord is a corporation, leases and lease agreements entered into must have the corporate seal
affixed, or in place thereof, the statement that the corporation has no seal.
b. Where the Landlord is a corporation, municipal corporation, non-profit organization, or fraternal order or society,
the Lease must be accompanied by documentary evidence affirming the authority of the signatory, to execute
the Lease to bind the corporation, municipal corporation, non-profit organization, or fraternal order or society for
which he (or they) purports to act. The usual evidence required to establish such authority is in the form of
extracts from the articles of incorporation, or bylaws, or the minutes of the board of directors duly certified by the
custodian of such records, under the corporate seal. Such resolutions, when required, must contain the
essential stipulations embodied in the Lease. The names and official titles of the officers who are authorized to
sign the Lease must appear in the document.
Limited Liability Company (LLC)
a. All co-owners and all other persons having or to have a legal interest in the property must execute the Lease.
The Landlord must submit adequate evidence of title.
b. Where the Landlord is an "LLC", the Lease must be accompanied by documentary evidence affirming the
authority of the signatory, to execute the Lease to bind the "LLC", for which he (or they) purports to act. The
usual evidence required to establish such authority is in the form of extracts from the formation documents for
the "LLC", including, without limitation, the certificate of formation and limited liability company agreement..
Such documentary evidence, must contain the essential stipulations embodied in the Lease. The names and
official titles of the officers or members or agents who are authorized to sign the Lease must appear in the
document.
August 2017 Page 1 of 2
UN1 ECS STATES
NPOSMIL
Facility Name/Location
Miami - Sunny Isles Beach Finance (115902-001)
18070 COLLINS AVE, SUNNY ISLES BEACH FL 33160-2723
Limited Liability Partnership (LLP)
County: Dade
Lease: Q90000541565
Instructions
a. All co-owners and all other persons having or to have a legal interest in the property must execute the Lease.
The Landlord must submit adequate evidence of title.
b. Where the Landlord is a Limited Liability Partnership, the Lease must be accompanied by documentary
evidence affirming the authority of the signatory, to execute the Lease to bind the Limited Liability Partnership
for which he (or they) purports to act. The usual evidence required to establish such authority is in the form of
extracts from the formation documents for the limited liability partnership, including, without limitation, the
certificate of formation and limited liability partnership agreement Such documentary evidence, must contain the
essential stipulations embodied in the Lease. The names and official titles of the officers or members or agents
who are authorized to sign the Lease must appear in the document.
Trust
a. All co-owners and all other persons having or to have a legal interest in the property must execute the Lease.
The Landlord must submit adequate evidence of title.
b. Where the Landlord is an administrator or an executor of an estate, there must be furnished a certificate of the
clerk of the court or certified copy of the court order showing the appointment of the administrator or executor,
together with a certified copy of the will of the deceased. If there is no will, or in the event the will of the
deceased does not specifically authorize the administrator or the executor to enter into a contract to lease the
proposed quarters, it will generally be necessary to furnish, in addition to the above named items, a certified
copy of the court order authorizing such administrator or executor to enter into a lease with the Postal Service.
c. Where the Landlord is a trustee, a certified copy of the instrument creating the trust must be furnished together
with any other evidence necessary to establish the trustee's authority to lease.
August 2017 Page 2 of 2
Facility Name/Location
Miami - Sunny Isles Beach Finance (115902-001)
18070 COLLINS AVE, SUNNY ISLES BEACH FL 33160-2723
Real Estate Conflict of Interest Certification
County: Dade
Lease: Q90000541565
To avoid actual or apparent conflicts of interest, the United States Postal Service ("Postal Service") requires the
following certification from you as a potential Landlord/Licensor/Supplier/Contractor to the Postal Service. Please
check all that apply in item A below. Further, please understand that the Postal Service will be relying on the
accuracy of the statements made by you in this certification in determining whether to proceed with any possible
transaction with you.
I, Nit S� v ti >u.t� � b hereby certify to the Postal Service as follows:
[PRINT: name 6f potential Landlord/Licensor/Supplier/Contractor]
A. (Check all that apply) I am:
(i) A Postal Service employee;
(ii) The spouse of a Postal Service employee;
(iii) A family member of a Postal Service employee; (Relationship)
(iv) An individual residing in the same household as a Postal Service employee;
(v) I am one of the individuals listed in (i) through (iv) above AND a controlling shareholder or owner of a
business organization leasing or licensing space or intending to lease or license space to the Postal
X
ce; OR
(vi)None of the above.
B. (Complete as applicable):
I. I have the following job with the Postal Service:
(Title) (Location)
ii. My spouse who works for the Postal Service holds the following job:
(Title) (Location)
iii. My family member who works for the Postal Service holds the following job:
(Title) (Location)
iv. My household member who works for the Postal Service holds the following job:
(Title) (Location)
C. If you have checked "none of the above" and during the lease or license term or any renewal term, you do fall
into any of the categories listed in A (i) through (v) above, you shall notify the Postal Service's Contracting Officer in
writing within 30 days of the date you fall into any of the such categories and shall include an explanation of which
of the above categories now applies.
D. The person signing this certification has full power of authority to bind the potential Landlord/Supplier/Contractor
named above.
August 2017 Page 1 of 2
� L Real Estate Conflict of Interest Certification
Facility Name/Location
Miami - Sunny Isles Beach Finance (115902-001) County: Dade
18070 COLLINS AVE, SUNNY ISLES BEACH FL 33160-2723 Lease: Q90000541565
Execuutted f's day of
6Y: �✓'�t7
[Insert Signature]
BYC lel I/ ]AC L o
[PRINT: nafne of entity or person]
Title:Q-tl�
NAV 40
� [Insert title
(INTERNAL USE ONLY: 1) If A(vi)'none of the above' is selected, stop, file form with the lease/license. 2) If other
items are selected, submit form to Ethics.helpflusps.gov. File form and Ethics determination with the
lease/license.]
August 2017 Page 2 of 2
POSTAL SERAwtw
Facility Name/Location
Miami - Sunny Isles Beach Finance (115902-001)
18070 COLLINS AVE, SUNNY ISLES BEACH FL 33160-2723
Exhibit A
County: Dade
Lease: Q90000541565
Exhibits
LEGAL DESCRIPTION:
A portion of Parcel 1, Replat of Tract "A", SUNNY ISLES SHORES, Section "A", according to the Plat thereof
recorded in Plat Book 64, at Page 74 of the Public Records of Miami -Dade County, Florida, being more particularly
described as follows:
Commence at the NE corner of Parcel 1 of Replat of Tract "A", SUNNY ISLES SHORES, Section "A", Plat Book 64,
at Page 74 of the Public Records of Miami -Dade County, Florida; thence run S 6 degrees 06 minutes 20 seconds
W along the East line of said Parcel 1 for a distance of 250.00 feet to the Point of Beginning of the tract of land
herein described; thence continue S 6 degrees 06 minutes 20 seconds W along the said East line of Parcel 1 for a
distance of 299.145 feet; thence run due West along a line parallel with 200.00 feet Northelry of the Southerly line
of said Parcel 1 as measured along the East line of said Parcel 1, for a distance of 250.00 feet; thence run N 6
degrees 06 minutes 20 seconds E along a line parallel to said East line of Parcel 1 for a distance of 60.00 feet;
thence run due West along a line parallel with and 260.00 feet Northerly of the South line of said Parcel 1, as
measured along the said East line of Parcel 1 for a distance of 200.00 feet to a point on the West line of said Parcel
1; thence N 6 degrees 06 minutes 20 seconds E along said West line of Parcel 1 for a distance of 239.145 feet;
thence run due East for a distance of 450.00 feet to the Point of Beginning.
I
SITE PLAN:
August 2017 Pagel of 3
w
Facility Name/Location
Miami - Sunny Isles Beach Finance (115902-001)
18070 COLLINS AVE, SUNNY ISLES BEACH FL 33160-2723
County: Dade
Lease: Q90000541565
Exhibit B
Parking Area
(If Applicable)
Intentionally Left Blank.
August 2017 Page 2 of 3
Exhibits
Facility Name/Location
Miami - Sunny Isles Beach Finance (115902-001)
18070 COLLINS AVE, SUNNY ISLES BEACH FL 33160-2723
Exhibit C
County: Dade
Lease: Q90000541565
Exhibits
If there is any conflict or ambiguity between any items of the lease, Exhibit A, and Exhibit B, the terms of this
Exhibit C shall control.
Area Sq ft
Rentable SF: 1,200
Total USPS Leased SF: 1,200
Exterior, Total Site: 1,200
August 2017 Page 3 of 3
Facility Name/Location
Miami - Sunny Isles Beach Finance (115902-001)
18070 COLLINS AVE, SUNNY ISLES BEACH FL 33160-2723
County: Dade
Lease: Q90000541565
Addendum
If there is any conflict or ambiguity between any items of the Lease or this Addendum, the terms of this Addendum
shall control.
7. Section 1 of the General Conditions to USPS Lease shall be amended to insert the following language: "Nothing
herein shall be construed as a waiver of the Landlord's sovereign immunity".
8. Section 3 of the General Conditions to USPS Lease shall be amended to delete the following language: "such
consent not to be unreasonably withheld, conditioned, or delayed, but the Postal Service shall not be relieved from
any obligation under this Lease by reason of any subletting or assignment. If Landlord fails to respond in writing to
a written request to sublease or assign from the Postal Service within 10 business days after receipt by Landlord of
the Postal Service's written request, Landlord shall be deemed to have consented to such sublease or assignment,
as applicable."
9. Section 4.a. of the General Conditions to USPS Lease shall be amended to insert the following language: "with
the consent of the Landlord,"
10. Section 4.b. of the General Conditions to USPS Lease shall be amended to delete the following "at its sole
option" and replace with the following language: "with the consent of the Landlord"
11. Section 5.a. of the General Conditions to USPS Lease shall be amended to delete the following language:
"promptly, diligently, and to the Postal Service's reasonable satisfaction".
12. Section 5.b. of the General Conditions to USPS Lease shall be amended to delete the following language:
"shall submit to the Postal Service a copy of its construction contract for the repair or evidence of its filing of
applications for necessary building permits and/or other required government approvals (as applicable) for the
repair, within 30 days after the date of the Casualty, and..."
13. Section 5.b.i. of the General Conditions to USPS Lease shall be amended to delete "90" and replace with "120"
14. Section 5.b.ii. of the General Conditions to USPS Lease shall be amended to delete the following language:
"submit to the Postal Service a copy of its construction contract for the repair or evidence of its filing of applications
for necessary building permits and/or other required governmental approvals (as applicable) for the repair, within
90 days after the date of the Casualty, and shall..."
15. Section 5.b.ii. of the General Conditions to USPS Lease shall be amended to delete "270" and replace with
"360"
16. Section 5.c. of the General Conditions to USPS Lease shall be amended to delete the following language: "plus
a reasonable administrative cost and/or interest.."
17. Section 5.d. of the General Conditions to USPS Lease shall be amended to delete the following language: "By
way of example, and not in limitation, in the event that a Casualty occurs and the damage from the Casualty is such
that the Postal Service reasonably determines that a portion of the Premises is suitable for the Postal Service's use
and occupancy in the then ordinary course of its business, then while rent will abate for the untenantable portion as
described above, the Landlord shall remain obligated to submit to the Postal Service a copy of its construction
contract for the repair or evidence of its filing of building permits, if applicable, for the repair, within 30 days after the
date of the Casualty, and complete the repair to the reasonable satisfaction of the Postal Service within 90 days
after the date of the Casualty."
August 2017 Page 1 of 4
Ci,�tIT'Eii.S�"��.
P" illi"55SER
Facility Name/Location
Miami - Sunny Isles Beach Finance (115902-001)
18070 COLLINS AVE, SUNNY ISLES BEACH FL 33160-2723
County: Dade
Lease: Q90000541565
Addendum
18. Section 6.b.(i) of the General Conditions to USPS Lease shall be amended to delete the following language:
"naming the Postal Service as an additional insured,..."
19. Section 7.d.(i) of the General Conditions to USPS Lease shall be amended to delete the following language:
"seek and receive written approval by" and replace with: "provide written notice to"
20. Section 7.d.(i) of the General Conditions to USPS Lease shall be amended to delete the following language:
"...and such approval will not be unreasonably withheld" and "...a portion of..."
21. Section 7.d.(iv) of the General Conditions to USPS Lease shall be amended to delete the following language:
"plus administrative costs and/or interest..."
22. Section 8.b. of the General Conditions to USPS Lease shall be amended to delete the following language:
"...and completes such cure not later than 60 days from the date of the Postal Service's initial written notice to
Landlord..."
23. Section 8.b. of the General Conditions to USPS Lease shall be amended to insert the following language: "...by
giving 60 days written notice..."
24. Section 9.k. of the General Conditions to USPS Lease shall be amended to delete the following language: "...in
all events have an affirmative obligation to..." and "...at a fair market rental..."
25. Section 10.b. of the General Conditions to USPS Lease shall be amended to delete the following language:
"...nor shall Landlord place, or allow any other person or entity to place any additional landscaping or plantings in
such area in excess of that landscaping or planting in existence at the commencement of this Lease."
26. Section 10.i. of the General Conditions to USPS Lease shall be amended to delete the following language: "(as
determined by the Postal Service in its sole, but reasonable, discretion).
27. Section 10.i. of the General Conditions to USPS Lease shall be amended to delete the following language:
"...without any liability hereunder to Landlord."
28. Section 10.i. of the General Conditions to USPS Lease shall be amended to delete the following language:
.....not..."
29. Section 10.i. of the General Conditions to USPS Lease shall be amended to insert the following language:
"Failure by the Postal Service to remove its personal property therefrom at the end of the Lease term shall be
construed as an act of holdover by the Postal Service."
30. Section 10.k. of the General Conditions to USPS Lease shall be amended to delete the following language: "All
other access to the Premises, including but not limited to showing the property to potential buyers, and within 30
days of the end of the Lease term, showing the property to potential tenants, shall be at the sole discretion of the
Postal Service."
31. Section 10.k. of the General Conditions to USPS Lease shall be amended to delete the following language:
"...or unreasonable..." and insert the following language "...and..."
32. Section 10.k. of the General Conditions to USPS Lease shall be amended to delete the following language:
August 2017 Page 2 of 4
Facility Name/Location
Miami - Sunny Isles Beach Finance (115902-001)
18070 COLLINS AVE, SUNNY ISLES BEACH FL 33160-2723
County: Dade
Lease: Q90000541565
"...or unreasonable..." and insert the following language "...and..."
Addendum
33. Section 1.g. of the Maintenance Rider to USPS Lease shall be amended to insert the following language:
"Upon request from the Postal Service,"
34. Section 1.g. of the Maintenance Rider to USPS Lease shall be amended to delete the following language: "no
later than six (6) months following the start of the Lease term, unless painted within 60 months prior to the
Commencement Date..."
35. Section 1.g. of the Maintenance Rider to USPS Lease shall be amended to delete the following language: "60"
and replace with the following language: "30".
36. Section 3. of the Maintenance Rider to USPS Lease shall be amended to delete the following language: "...and
submit photographs of the completed repair to the Postal Service at the address designated in such notice provided
by the Postal Service."
37. Section 3. of the Maintenance Rider to USPS Lease shall be amended to insert the following language: "..which
shall not be less than 30 days..."
38. Section 3. of the Maintenance Rider to USPS Lease shall be amended to delete the following language:
"...proposes another time period for completion acceptable to the Postal Service..."
39. Section 3. of the Maintenance Rider to USPS Lease shall be amended to insert the following language:
"...notifies the Postal Service of such time period..."
40. Section 3. of the Maintenance Rider to USPS Lease shall be amended to delete the following language: "...plus
any administrative cost and/or interest..."
41. Section 3. of the Maintenance Rider to USPS Lease shall be amended to delete the following language: "(as
reasonably determined by the Postal Service)"
42. Section 3. of the Maintenance Rider to USPS Lease shall be amended to delete the following language:
"...including by telephone..."
43. Section 3. of the Maintenance Rider to USPS Lease shall be amended to delete the following language:
"...immediately..."
44. Section 3. of the Maintenance Rider to USPS Lease shall be amended to insert the following language:
"...within the time period provided..."
45. Section 3. of the Maintenance Rider to USPS Lease shall be amended to delete the following language: "...plus
any administrative cost and/or interest..."
46. Section 3. of the Maintenance Rider to USPS Lease shall be amended to delete the following language: "...the
Postal Service reasonably determines all or any portion of the Premises..."
47. Section 8. Snow of the Utilities, Services, & Equipment Rider to USPS Lease shall be deleted in it's entirety.
48. Section 9. Custodial Services of the Utilities, Services, & Equipment Rider to USPS Lease shall be deleted in
August 2017 Page 3 of 4
t+�S€ SS C
Facility Name/Location
Miami - Sunny Isles Beach Finance (115902-001)
18070 COLLINS AVE, SUNNY ISLES BEACH FL 33160-2723
it's entirety.
County: Dade
Lease: Q90000541565
August 2017 Page 4 of 4
Addendum
Facility Name/Location
Miami - Sunny Isles Beach Finance (115902-001)
18070 COLLINS AVE, SUNNY ISLES BEACH FL 33160-2723
1. APPLICABLE CODES AND ORDINANCES
General Conditions to USPS Lease
County: Dade
Lease: Q90000541565
The Landlord shall comply with all codes and ordinances applicable to the ownership and operation of the Building
and Property without regard to the Postal Service tenancy and obtain all necessary building permits, certificates of
occupancy, and similar related items at no cost to the Postal Service. The Postal Service agrees (i) to comply with
all applicable codes and ordinances to the operations of the Postal Service at the Premises, to the extent
enforceable against the Postal Service, and (ii) when the Postal Service or one of its contractors (other than
Landlord) is performing work at the Premises, the Postal Service will be responsible for obtaining applicable
permits and related items and to pay the associated costs. Nothing herein shall be construed as a waiver of the
Postal Service's sovereign immunity. Nothing herein shall be construed as a waiver of the Landlord's sovereign
immunity. SEE ADDENDUM #7
2. LANDLORD'S INTEREST
a. Landlord represents and warrants to the Postal Service that as of the Effective Date, (i) Landlord owns and holds
fee title in and to the Building, the Premises and the Property; (ii) there are no encumbrances, liens, agreements,
covenants in effect that would materially interfere with the Postal Service's ability to operate its operations,
materially impair the Postal Service's rights under this Lease, or materially increase the Postal Service's obligations
under this Lease; and (iii) Landlord is unaware of any existing or impending condemnation plans, proposed special
assessments or other adverse physical conditions relating to the Property. The term "Landlord" as used herein
shall mean only the owner or owners, at the time in question, of the fee title (or a tenant's interest in a ground
lease) of the Property.
b. If this Lease provides for payments aggregating $10,000 or more to Landlord, claims for monies due or to
become due from the Postal Service under it may be assigned by Landlord to a bank, trust company, or other
financing institution, including any federal lending agency, and may thereafter be further assigned and reassigned
to any such institution. Any assignment or reassignment must cover all amounts payable and must not be made to
more than one party at a time, except that assignment or reassignment may be made to one party as agent or
trustee for two or more parties participating in financing this Lease. No assignment or reassignment by Landlord will
be recognized as valid and binding upon the Postal Service unless a written notice of the assignment or
reassignment, together with a true copy of the instrument of assignment and other reasonable documentation,
including without limitation, a W-9, is filed with:
1. the Postal Service's Contracting Officer; and
2. the surety or sureties, if any, upon any bond.
c. Assignment by Landlord of this Lease or any interest in this Lease other than in accordance with the provisions
of this clause will be grounds for termination of this Lease by the Postal Service.
d. Nothing contained herein shall be construed so as to prohibit transfer of ownership of the Premises by Landlord,
provided that:
1. such transfer is subject to this Lease;
2. a copy of the recorded deed or other official transfer instrument evidencing the transfer is provided to the
Postal Service; and
August 2017 Page 1 of 14
"NIMPSTATGeneral Conditions to USPS Lease
PCiS'rAL SER1tICL P
Facility Name/Location
Miami - Sunny Isles Beach Finance (115902-001) County: Dade
18070 COLLINS AVE, SUNNY ISLES BEACH FL 33160-2723 Lease: Q90000541565
3. Landlord shall cause its assignee or transferee to assume the provisions of this Lease and Landlord shall
deliver notice of such assignment or transfer and a copy of the effective instrument of transfer to the Postal
Service within 15 days after the date of transfer. In addition, both the original Landlord and the successor
landlord shall execute the standard Certificate of Transfer of Title to Leased Property and Lease Assignment
and Assumption form to be provided by the Postal Service within 15 days after receipt of such form from the
Postal Service. If due to the death or dissolution of the original Landlord preventing the execution and delivery
of the Certificate of Transfer of Title to Leased Property and Lease Assignment and Assumption form, the
Postal Service may reasonably request such other documentation to evidence the transfer and ownership by
the successor landlord, including but not limited to, a W-9 and an agreement to indemnify and hold harmless
the Postal Service with respect to any claims by other parties of ownership interest in the Premises or
entitlement to the Rent. The Postal Service shall be entitled to continue to pay rent and give all notices to
Landlord until it has received the foregoing from Landlord. Landlord shall deliver all such funds in which the
Postal Service has an interest to Landlord's successor or assignee. Provided Landlord's successor or
assignee expressly assumes Landlord's duties and covenants under this Lease as required hereunder,
Landlord shall be released from all liability toward the Postal Service arising from this Lease because of any
act, occurrence or omission of Landlord's successors occurring after the transfer of Landlord's interest in this
Lease. Nothing herein shall be deemed to relieve Landlord of any liability for its acts, omissions or obligations
occurring or accruing up to and including the date of such transfer, and the Postal Service shall be free to
exercise any and all remedies for a Landlord default against either the Landlord or a successor landlord, at the
election of the Postal Service. Notwithstanding anything to the contrary contained herein, in the case of new
leased space projects, this Lease may only be assigned or ownership of the property transferred following
commencement of the fixed term, unless prior written consent is obtained from the Postal Service.
3. ASSIGNMENT/SUBLEASE BY THE POSTAL SERVICE
The Postal Service may sublet all or any part of the Premises or assign this Lease only with the prior written
consent of Landlord, >
eF delayed-, but the Postal Serviee
be F1341:11:1111:1
0--1.8-bus;ness-
std-st leasee le SEE ADDENDUM #8
4. ALTERATIONS AND RESTORATION
a. The Postal Service with the consent of the Landlord, shall have the right to make alterations, attach fixtures and
erect additions, structures and install flags or signs in or upon the Premises or common areas (provided such
alterations, additions, structures, or signs shall not be detrimental to or inconsistent with the rights granted to other
tenants on the Property); which fixtures, additions, structures, flags or signs so placed in, upon or attached to the
Premises or common areas shall be and remain the property of the Postal Service and may be removed or
otherwise disposed of by the Postal Service at any time and from time to time, including, without limitation, at the
end of the term or any renewal term, subject to the provisions of Section 4b below. The Postal Service shall also
have the right to display and install the Postal Service and/or American flags in such common areas as reasonably
determined by the Postal Service consistent with its operations. SEE ADDENDUM #9
b. Upon expiration or termination of this Lease, the Postal Service shall remove its personal property and restore
the Premises to a "broom clean" condition with any systems and structures for which the Postal Service is
responsible (under the Maintenance Rider attached to this Lease) in working order. Except as provided to the
August 2017 Page 2 of 14
Facility Name/Location
Miami - Sunny Isles Beach Finance (115902-001)
18070 COLLINS AVE, SUNNY ISLES BEACH FL 33160-2723
General Conditions to USPS Lease
County: Dade
Lease: Q90000541565
contrary in the immediately preceding sentence, the Postal Service shall not be responsible to restore any condition
due to reasonable and ordinary wear and tear, damages by the elements, or by circumstances over which the
Postal Service has no control. The Postal Service, with consent of the landlord, , prior to the
expiration or termination of the Lease, remove any or all of the alterations or improvements or elect to abandon the
alterations or improvements in or on the Premises. If the Postal Service elects to abandon, the abandoned
alterations and improvements shall become the property of the Landlord and the Postal Service shall be relieved of
any liability in connection therewith; provided, however, if following expiration of the Lease the Postal Service enters
into a new lease agreement with Landlord to remain in the Premises, the Postal Service shall have continued
responsibility for maintenance of such alterations or improvements which were installed by the Postal Service
during the term of this Lease (and not by Landlord) in accordance with the Maintenance Rider attached to this
Lease. SEE ADDENDUM #10.
5. DAMAGE AND DESTRUCTION
a. Obligation to Repair. If all or any portion of the Premises, parking areas, or any common areas of the Property
providing access to the Premises or access to the parking areas are damaged or destroyed by fire or other
casualty, Acts of God, of a public enemy, riot or insurrection, vandalism, or other similar casualty (each, a
"Casualty"), Landlord shall, subject to the provisions of this Section, premp* commence and dWgep* pursue to
completion the repair of such damage so that the Premises and the parking areas, or any common areas of the
Property providing access to the Premises or access to the parking areas are restored to a condition of similar
quality, character and utility for the Postal Service's purposes •
Landlord shall not be responsible for (i) repairing or restoring the Premises to the extent the Casualty in question
results from the negligent act, omission or negligence of the Postal Service or its employees (in which event that
portion of the costs of repairs for damage directly caused by the negligence of the Postal Service shall be the
responsibility of the Postal Service), (ii) repairing or restoring any improvements, alterations, or additions installed
by the Postal Service, or (iii) any furniture fixtures, equipment, or other personal property of the Postal Service.
SEE ADDENDUM # 11
b. Time Period to Repair.
(i) If the damage from the Casualty is such that the Postal Service reasonably determines the Premises is
tenantable (i.e. suitable for the Postal Service's use and occupancy in the then ordinary course of its business
being conducted on the date of the Casualty), the Postal Service shall so notify Landlord not later than 3 days
following the Casualty. Landlord
shall complete the repair to the
reasonable satisfaction of the Postal Service within GO 120 days after the date of the Casualty. Nothing stated
herein is intended to relieve Landlord of its continuing obligations under this Lease, including, without limitation,
Landlord's obligations to comply with law and for maintenance under this Lease. SEE ADDENDUM #12, #13
(ii) If the damage from the Casualty is such that the Postal Service reasonably determines the Premises is
untenantable (i.e., not suitable for the Postal Service's use and occupancy in the then ordinary course of its
business being conducted on the date of the Casualty), the Postal Service shall so notify Landlord not later than 3
days following the Casualty. If the Postal Service gives such notice that the Premises is untenantable, Landlord
shall submit te the Pesta'
complete the repair within 2-7-G 360 days after the
date of the Casualty. Nothing stated herein is intended to relieve Landlord of its continuing obligations under this
Lease, including, without limitation, Landlord's obligations to comply with law and for maintenance under this Lease
so that the Premises, if tenantable following the Casualty, remain tenantable. SEE ADDENDUM #14, #15
August 2017 Page 3 of 14
N 8%31 - "SSRtl �
Facility Name/Location
Miami - Sunny Isles Beach Finance (115902-001)
18070 COLLINS AVE, SUNNY ISLES BEACH FL 33160-2723
General Conditions to USPS Lease
County: Dade
Lease: Q90000541565
c. Postal Service's Remedies. If Landlord fails to meet any of the deadlines set forth in subsection b(i) or (ii), as
applicable, then the Postal Service may (i) perform the repair (by contract or otherwise) and recover the cost pfase
by offsetting Rent and other payments and reimbursements due or
to become due to Landlord under this Lease and/or any other lease with Landlord, or (ii) terminate the Lease upon
30 day's prior written notice with a termination date effective as of the date of such Casualty. SEE ADDENDUM #16
d. Abatement of Rent. Rent and all other payments and reimbursements due or to become due to Landlord under
this Lease shall abate, in whole or in part, commencing on the date the Postal Service reasonably determines all or
any portion of the Premises, any common areas of the Property providing access to the Premises, or parking areas
or access thereto are untenantable or unfit for the Postal Service's use or occupancy and continuing until the
Premises, common areas providing access to the Premises or parking areas are once again tenantable or fit for the
Postal Service's use or occupancy, as applicable. The Rent and all other payments and reimbursements due or to
become due to Landlord under this Lease shall abate from time to time in proportion to the part or parts of the
Premises not reasonably capable of such use and occupancy or the degree to which access to the Premises or
parking for the Premises is reduced. The Postal Service shall attempt to continue the operation of its business on
the Premises following a Casualty to the extent reasonably practicable consistent with life safety and good
business practices. No exercise by the Postal Service of its right to rent abatement as stated above is intended to
extend the time periods for producing the contracts for repair and for the completion of construction when the
Premises are deemed to be tenantable or untenantable by the Postal Service as described hereinabove.way-ef
example, and- not in limitation, in the event that a Gasuaky-eeeurs and the daffege hem the Gastialtyls sue" that,
after thedate of the Gasualty-- SEE ADDENDUM #17
6. INSURANCE
a. Postal Service's Insurance. Landlord acknowledges that the Postal Service does not routinely purchase
commercial insurance or maintain a separate account for potential claims, as is required to technically be
considered "self-insured." Rather, the Postal Service is authorized to pay proper claims against it out of its general
revenue fund and available credit, and is subject to suit for damages. Liability claims against the Postal Service are
governed by the Federal Tort Claims Act, 39 U.S.C. §409(c), with the specific provisions being set forth at 28
U.S.C. §§1346(b), 2401(b), and 2671-2680. With respect to the issue of Workers' Compensation coverage,
pursuant to 39 U.S.C. §1005(c), the Federal Employees' Compensation Act ("FECA"), 5 U.S.C. §§8101 et seq., is
the exclusive remedy for all postal employees who sustain personal injuries on the job. While the Landlord is
hereby waiving its standard insurance requirements for the Postal Service, if at any time the Postal Service assigns
or subleases any portion of the Premises in accordance with the terms of this Lease to a non-governmental entity,
Landlord has the right to impose its reasonable insurance requirements on the assignee and/or subtenant which
are based on the assignee's and/or subtenant's proposed use of the Premises including the requirement that the
assignee and/c, or subtenant reimburse Landlord for any increase in insurance premiums incurred by Landlord as a
result of the assignee and/or subtenant's proposed use for the balance of the Term and any extensions, all as a
condition of the assignment or sublease.
b. Landlord's Insurance. Landlord shall, at its own expense, obtain and keep in full force and effect, the following
insurance from an insurance company with a Best's rating of at least A and a Best's financial performance rating of
at least 7. The insurance required to be carried by Landlord under this Section shall be referred to herein as
"Landlord's Insurance." Upon request, Landlord shall provide the Postal Service with a copy of the certificate of
August 2017 Page 4 of 14
UN
RIF CE General Conditions to USPS Lease
Facility Name/Location
Miami - Sunny Isles Beach Finance (115902-001) County: Dade
18070 COLLINS AVE, SUNNY ISLES BEACH FL 33160-2723 Lease: Q90000541565
insurance and premium bill evidencing Landlord's Insurance, together with the appropriate form stating Landlord's
insurance policy(ies) has been endorsed.
(i) Liability Insurance. Bodily injury, personal injury and property damage insurance,
insuring against claims of bodily injury or death, personal injury or property damage,
arising out of or in connection with Landlord's acts or omission upon, in or about the Property, with an each
occurrence limit of not less than $2,000,000 and a general aggregate limit of not less than $2,000,000.
Landlord's Insurance shall be primary with respect to any claim covered under such insurance and arising out
of events that occur outside the Premises. Landlord shall have the right, but not the obligation, to increase the
amounts or limits of insurance to such amounts as Landlord deems reasonably necessary. Landlord may, at
Landlord's option, carry insurance required under this Section under an umbrella policy or policies for
coverage amounts exceeding $1,000,000, provided that such umbrella policy or policies otherwise comply with
the requirements of this Section. SEE ADDENDUM #18
(ii) Property Insurance. Insurance covering loss or damage to the Premises and the Property by reason of fire
(extended coverage) and those perils included within the classification of "Special Form Causes of Loss"
insurance (with other appropriate endorsements), which insurance shall be in the amount of at least 90% of
the full replacement value of the Premises (exclusive of excavation, footings, and foundations) as determined
by insurance company appraisers or Landlord's insurance broker.
(iii) Flood Earthquake and Tornado Insurance. Insurance covering loss or damage to the Premises and the
Property by reason of flood, earthquake, or tornado, which insurance shall be in the amount in line with
insurance carried by comparable property owners of comparable properties within the vicinity of the Property.
7. HAZARDOUS/TOXIC CONDITIONS CLAUSE
a. Definitions. As used in this Lease, the following terms have the following meanings:
"Environmental Laws" mean all federal, state or local statutes, laws, ordinances, rules or regulations, relating to
protection of human health or the environment, including but not limited to (i) all laws relating to the release of
Hazardous Materials into the air, surface water, groundwater or land, or relating to the reporting, investigation or
remediation of, licensing, manufacture, processing, distribution, use, -treatment, storage, disposal, transport or
handling of Hazardous Materials; (ii) all laws pertaining to the protection of the health and safety of employees; and
(iii) the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C.
§9601 et seq.; the Hazardous Materials Transportation Act as amended 49 U.S.C. §1801 et seq.; the Resource
Conservation and Recovery Act, as amended 42 U.S.C. §6901 et seq.; and the Federal Water Pollution Control
Act, as amended, 33 U.S.C. §1251 et seq.
"Hazardous Materials" mean (i) any toxic substance or hazardous waste, substance or related material, or any
pollutant or contaminant that is or may hereafter be defined as or included in the definition of "hazardous
substances, toxic substances," "hazardous materials," "hazardous waste" or words of similar import under any
and all Environmental Laws; (ii) petroleum, radon gas, asbestos in any form that is or could become friable, urea
formaldehyde foam insulation, transformers or other equipment that contain dielectric fluid containing levels of
polychlorinated biphenyls in excess of federal, state or local safety guidelines, whichever are more stringent; and
(iii) any substance, gas material or chemical that is or may hereafter be defined as or included in the definition of
"hazardous substances," "toxic substances," "hazardous materials," "hazardous waste" or words of similar import
under any Environmental Laws.
August 2017 Page 5 of 14
ROSSI L. Ni
Facility Name/Location
Miami - Sunny Isles Beach Finance (115902-001)
18070 COLLINS AVE, SUNNY ISLES BEACH FL 33160-2723
General Conditions to USPS Lease
County: Dade
Lease: Q90000541565
"Environmental Contamination means the presence of any Hazardous Materials which includes the presence of
friable asbestos materials at any level, in, on, or under the Property, the Premises, common areas or the Building,
at levels that require reporting to the enforcing environmental regulatory agency and/or environmental response
action (s) under applicable Environmental Laws.
"Asbestos -Containing Material" (ACM) means any material containing more than 1% asbestos as determined by
using the method specified in 40 CFR Part 763, Subpart E, Appendix E. "Friable asbestos material" means any
ACM that, when dry, can be crumbled, pulverized, or reduced to powder by hand pressure.
b. Landlord Disclosure. The Landlord shall disclose in writing to the Postal Service with regards to the
Property: (i) the known presence of Environmental Contamination; (ii) the known presence, location and quantity of
all ACM or presumed asbestos containing material (PACM) which includes all thermal system insulation, sprayed
on and troweled on surfacing materials, and asphalt and vinyl flooring material unless such material has been
tested and identified as non -ACM; and (iii) any known information concerning the presence of lead-based paint,
radon above 4 picoCuries/liter (pCi/L), and lead piping or solder in drinking water systems.
c. Landlord Certification. By execution of this Lease, the Landlord certifies that, to the best of its
knowledge and excluding any written disclosures per paragraph 7.13, the Property is (i) free of Environmental
Contamination; (ii) there are no undisclosed underground storage tanks or associated piping on, in, or under the
premises or property; (iii) there are no ACMs, radon, lead-based paint, or lead piping or solder in drinking water
systems, or in or on the Property; and (iv) Landlord has not received, nor is Landlord aware of, any notification or
other communication from any party concerning any environmental condition, or violation or potential violation of
any Environmental Law, regarding the Property or its vicinity. If the Landlord becomes aware of any such
conditions, potential conditions, or violations of any Environmental Law regarding the Property or its vicinity defined
herein, subsequent to Lease commencement, Landlord must disclose the new information to the Postal Service as
soon as possible, and under no circumstances later than 5 business days after first becoming aware.
d. Environmental Condition of the Premises.
(i) Unless due to the negligence of the Postal Service, if after the Lease Commencement Date or any renewal
thereof, Environmental Contamination is at any time identified on the Property, upon notification by the Postal
Service, Landlord agrees to remediate such Environmental Contamination to the extent required by Environmental
Laws. Prior to performing any work, Landlord must provide written notice to
the Postal Service Contracting Officer of the Landlord's contractor and scope of work, arad-s
The foregoing notwithstanding, the Postal Service shall pay a-pediew--ef the costs of
remediation of Environmental Contamination caused directly by the negligence of the l Service.
SEE ADDENDUM #19, #20
(ii)If non -friable ACM is subsequently found in or on the Property or the Building which reasonably should have
been determined, identified, or known to the Landlord, the Landlord agrees to conduct, at Landlord's sole expense,
an asbestos survey of the premises pursuant to the standards of the Asbestos Hazard Emergency Response Act
(AHERA), establish an Operations and Maintenance (O&M) plan for asbestos management, and provide the survey
report and plan to the Postal Service. If friable ACM is subsequently found in or on the Property or the Building
which reasonably should have been determined, identified, or known to the Landlord, the Landlord agrees at
Landlord's sole expense, to remove and/or abate the friable ACM.
(iii) In performance of any work under this Clause, Landlord and Landlord's agents, contractors, and consultants
("Landlord's Agents") shall provide all information and data obtained, generated or learned as a result the work,
August 2017 Page 6 of 14
f°C,5'UiITE TI�IG �
5,i�'T/.PT1E�'��. General Conditions to USPS Lease
tC1
Facility Name/Location
Miami - Sunny Isles Beach Finance (115902-001) County: Dade
18070 COLLINS AVE, SUNNY ISLES BEACH FL 33160-2723 Lease: Q90000541565
including all verified lab data and all consultant reports, studies and analysis to Postal Service as soon as they
become available, but no later than the 7 business days after receipt. In addition, if requested by Postal Service,
Landlord and Landlord's Agents shall promptly make available to Postal Service access to all raw data, whether or
not verified. Landlord also shall provide Postal Service with copies of all correspondence, information and
documents submitted by or received by Landlord or Landlord's Agents from any third party or any governmental
authority relating to the work promptly upon its receipt and/or submission by Landlord or Landlord's Agents, Postal
Service shall be permitted to have representatives present during all work, and Landlord and Landlord's Agents
shall provide to Postal Service samples, copies of the results of on-site testing and visual inspections, and access
at all reasonable times to all samples and tests taken or conducted. If non -friable ACM, whether disclosed by the
Landlord prior to execution of this Lease or subsequently found in or on the Property after execution of this Lease,
should become friable due to any cause other than the negligence of the Postal Service, the removal, abatement,
containment, repair, remediation, replacement or environmental response to such friable ACM shall be performed
by the Landlord at the Landlord's sole cost and expense. If ACM in or on the Property or the Building was rendered
friable due to the negligence of the Postal Service (including any such negligence of the Postal Service under any
prior lease or leases of the Premises), the Postal Service shall be liable for the removal, abatement, containment,
repair, remediation, replacement or environmental response to such friable ACM at the Postal Service's sole cost
and expense. The parties agree as follows: (1) neither of the following shall constitute the negligence of the Postal
Service: (a) reasonable and ordinary wear and tear and (b) damages by the elements or by circumstances over
which the Postal Service has no control; (2) to the extent a failure by the Postal Service to maintain the
improvements containing ACM in accordance with the Postal Service's obligations under the Maintenance Rider in
the current or a prior lease of the Premises causes asbestos in ACM in the Premises to become friable, such failure
shall constitute the negligence of the Postal Service hereunder, and the Postal Service shall be liable for the
removal, abatement, containment, repair, remediation, replacement or environmental response to such friable ACM
at the Postal Service's sole cost and expense; and (3) to the extent a failure by the Landlord to maintain the
improvements containing ACM in accordance with the Landlord's obligations under the Maintenance Rider in the
current or a prior lease of the Premises causes asbestos in ACM in the Premises to become friable, such failure
shall constitute the negligence of the Landlord hereunder, and the Landlord shall be liable for the removal,
abatement, containment, repair, remediation, replacement or environmental response to such friable ACM at the
Landlord's sole cost and expense.
(iv) If the Landlord fails to remove, or otherwise respond to in accordance with Environmental Law, any friable
asbestos materials or Environmental Contamination, or fails to complete an AH ERA asbestos survey and O&M
plan with such diligence as will ensure its completion within the time specified in Postal Service notice to Landlord
(or any extension thereof as may be granted at the sole discretion of the Postal Service), or fails to complete the
work within said time, as provided in the Maintenance Rider, the Postal Service shall have the right to perform the
work (by contract or otherwise), and withhold the cost , from rent payments
due or to become due or to become due under this Lease (or from other amounts owed to Landlord by the Postal
Service or federal government). Completion of the work by Postal Service shall not relieve Landlord of its
responsibility to perform the work in the future. In addition, the Postal Service may proportionally abate the rent for
any period the premises, or any part thereof, are determined by the Postal Service to have been rendered
untenantable or unavailable to it by reason of such condition. Alternatively, if Landlord fails to prosecute the work
as required and the Postal Service Contracting Officer determines that the premises are untenantable or unfit for
use or occupancy, with reasonable discretion, cancel this Lease in its entirety without liability. The remedies
provided in this section are non-exclusive and are in addition to any remedies available to the Postal Service under
applicable law. SEE ADDENDUM #21
e. Landlord Indemnification of Postal Service. Landlord hereby indemnifies and holds harmless the
Postal Service and its officers, agents, representatives, and employees from and against any and all claims, losses,
damages, actions, causes of action, expenses, fees and/or liability resulting from, brought for, or on account of any
August 2017 Page 7 of 14
Pt ML SEP VI E.
Facility Name/Location
Miami - Sunny Isles Beach Finance (115902-001)
18070 COLLINS AVE, SUNNY ISLES BEACH FL 33160-2723
General Conditions to USPS Lease
County: Dade
Lease: Q90000541565
violation of this Clause or in any way arising out of or connected to Environmental Contamination on the Property,
except that Landlord shall not be required to indemnify the Postal Service for, and to the extent of, that portion of
the Environmental Contamination caused directly by the negligence of the Postal Service.
f. Rights to Contribution. Nothing stated herein is intended to limit the right of the Landlord or the Postal
Service to make claims for contribution or cost recovery under applicable laws against each other or any other
persons or entities responsible for such Environmental Contamination.
& DEFAULTS
a. Default by Postal Service. The occurrence of any one or more of the following events shall constitute a default
and breach of this Lease by the Postal Service:
(i) The failure by the Postal Service to make any payment of Rent or any other payment required to be made by
the Postal Service under this Lease, as and when due, where such failure shall continue for a period of 30 days
after Landlord notifies the Postal Service in writing of such failure; or
(ii)The failure by the Postal Service to observe or perform any of the provisions of this Lease to be observed or
performed by the Postal Service, other than the payment of sums due hereunder, where such failure shall
continue for a period of 30 days after written notice thereof from Landlord to the Postal Service; provided,
however, that if the nature of the Postal Service's default is such that more than 30 days are reasonably
required for its cure, then the Postal Service shall not be deemed to be in default if the Postal Service
commences such cure within such 30 day period and thereafter diligently pursues such cure to completion.
b. Default by Landlord; Remedies. The occurrence of any one or more of the following events shall constitute a
default and breach of this Lease by Landlord: (i) Landlord's failure to observe or perform any of the provisions of this
Lease required to be observed or performed by Landlord, where such failure is not cured to the full satisfaction of
the Postal Service within 30 days after written notice by the Postal Service to Landlord of said failure; provided,
however, that if the nature of Landlord's default does not have a materially adverse impact upon the Postal Service's
operations in the Premises (as reasonably determined by the Postal Service) and is such that more than 30 days are
reasonably required for its cure, then Landlord shall not be deemed to be in default if Landlord commences such
cure within such 30 days, thereafter diligently pursues such cure to completion,
did or (ii) if any representation or
warranty made by Landlord was false in any material respect when given or deemed given hereunder. In the event
of a default by Landlord, the Postal Service, at its option, without further notice or demand, shall have the right to
any one or more of the following remedies in addition to all other rights and remedies provided at law or in equity or
elsewhere herein: (a) to remedy such default or breach and deduct the costs thereof from the Rent next failing due;
(b) to proportionately abate the Rent for any period the Premises, or any part thereof, are reasonably determined by
the Postal Service to have been rendered untenantable, or unfit for use and occupancy, by reason of such default or
breach; (c) to seek money damages for loss arising from Landlord's failure to discharge its obligations under the
Lease; provided, however, that the Postal Service shall not seek or demand any consequential, punitive or special
damages arising from Landlord's default; and (d) to terminate the Lease, by giving 60 days written notice. Nothing
herein contained shall relieve Landlord from its obligations hereunder, nor shall this Section be construed to obligate
the Postal Service to perform Landlord's repair obligations under this Lease. The notice and cure provisions in this
Paragraph (b) are for general defaults by Landlord not otherwise expressly addressed in other sections of this
Lease, and therefore, to the extent of any conflict between the provisions of other sections of this Lease and this
Paragraph (b), the provisions of other sections of this Lease shall govern. SEE ADDENDUM #22, #23
c. Force Majeure. In the event that either party shall be delayed or hindered in or prevented from the performance
of any covenant, agreement, work, service, or other act required under this Lease to be performed by such party (a
August 2017 Page 8 of 14
General Conditions to USPS Lease
Facility Name/Location
Miami - Sunny Isles Beach Finance (115902-001) County: Dade
18070 COLLINS AVE, SUNNY ISLES BEACH FL 33160-2723 Lease: Q90000541565
"Required Act"), and such delay or hindrance is due to causes entirely beyond its control such as riots,
insurrections, martial law, civil commotion, war, acts or threats of terrorism, fire, flood, earthquake, delays by
governmental authorities or other casualty or acts of God (a "Force Majeure Event"), then the performance of such
Required Act shall be excused for the period of delay, and the time period for performance of the Required Act
shall be extended by the same number of days in the period of delay. For purposes of this Lease, the financial
inability of Landlord or the Postal Service to perform any Required Act, including (without limitation) failure to obtain
adequate or other financing, shall not be deemed to constitute a Force Majeure Event. A Force Majeure Event shall
not be deemed to commence sooner than 15 days before the date on which the party who asserts some right,
defense or remedy arising from or based upon such Force Majeure Event gives written notice thereof to the other
party hereto. If abnormal adverse weather conditions are the basis for a claim for an extension of time due to a
Force Majeure Event, the written notice shall be accompanied by data substantiating (i) that the weather conditions
were abnormal for the time and could not have been reasonably anticipated and (ii) that the weather conditions
complained of had a significant adverse effect on the performance of a Required Act. To establish the extent of any
delay to the performance of a Required Act due to abnormal adverse weather, a comparison will be made of the
weather for the time of performance of the Required Act with the average of the preceding ten (10) years climatic
range based on the National Weather Service statistics for the nearest weather reporting station to the Premises.
No extension of time for or excuse for a delay in the performance of a Required Act will be granted for rain, snow,
wind, cold temperatures, flood or other natural phenomena of normal intensity for the locality where the Premises
are located.
9. CLAIMS AND DISPUTES
a. This Lease shall be governed by federal law, including but not limited to, the Contract Disputes Act of 1978 (41
U.S.C. 7101-7109) (the "Act").
b. Except as provided in the Act, all disputes arising under or relating to this Lease must be resolved under this
clause.
c. "Claim," as used in this clause, means a written demand or written assertion by one of the contracting parties
seeking, as a matter of right, the payment of money in a sum certain, the adjustment or interpretation of contract
terms, or other relief arising under or relating to this Lease. However, a written demand or written assertion by the
Landlord seeking the payment of money exceeding $100,000 is not a claim under the Act until certified as required
by subparagraph d below. A voucher, invoice, or other routine request for payment that is not in dispute when
submitted is not a claim under the Act. The submission may be converted to a claim under the Act by complying
with the submission and certification requirements of this clause, if it is disputed either as to liability or amount or is
not acted upon in a reasonable time.
d. A claim by the Landlord must be made in writing and submitted to the Postal Service Contracting Officer for a
written decision. A claim by the Postal Service against the Landlord is subject to a written decision by the Postal
Service Contracting Officer. For Landlord claims exceeding $100,000, the Landlord must submit with the claim the
following certification:
"I certify that the claim is made in good faith, that the supporting data are accurate and complete to the best of my
knowledge and belief, that the amount requested accurately reflects the contract adjustment for which the Landlord
believes the Postal Service is liable, and that I am duly authorized to certify the claim on behalf of the Landlord."
The certification may be executed by any person duly authorized to bind the Landlord with respect to the claim.
August 2017 Page 9 of 14
r
Facility Name/Location
Miami - Sunny Isles Beach Finance (115902-001)
18070 COLLINS AVE, SUNNY ISLES BEACH FL 33160-2723
General Conditions to USPS Lease
County: Dade
Lease: Q90000541565
e. For Landlord claims of $100,000 or less, the Postal Service Contracting Officer must, if requested in writing by
the Landlord, render a decision within 60 days of the request. For Landlord -certified claims over $100,000, the
Postal Service Contracting Officer must, within 60 days, decide the claim or notify the Landlord of the date by which
the decision will be made.
f. The Postal Service Contracting Officer's decision is final unless the Landlord appeals or files a suit as provided in
the Act.
g. When a claim is submitted by or against a Landlord, the parties by mutual consent may agree to use an
alternative dispute resolution (ADR) process to assist in resolving the claim. A certification as described in
subparagraph d of this clause must be provided for any claim, regardless of dollar amount, before ADR is used.
h. The Postal Service will pay interest on the amount found due and unpaid from:
1. the date the Postal Service Contracting Officer receives the claim (properly certified if required); or
2. the date payment otherwise would be due, if that date is later, until the date of payment.
i. Simple interest on claims will be paid at a rate determined in accordance with the Act.
j. Landlord must proceed diligently with performance of this Lease, pending final resolution of any request for relief,
claim, appeal, or action arising under this Lease, and comply with any decision of the Postal Service Contracting
Officer.
k. In the event of an alleged Postal Service default where the Postal Service has vacated the Premises, Landlord
shall ' obtain another tenant for the Premises and
to otherwise mitigate its damages. In no event shall the Postal Service or Landlord be liable for any consequential,
punitive, or special damages under this Lease. The parties agree that this restriction shall not apply to liquidated
damages, if any, provided for in any workletter or other rider or attachment to this Lease. SEE ADDENDUM #24
10. GENERAL
a. Quiet Enjoyment. Without limiting any rights the Postal Service may have by statute or common law, Landlord
covenants and agrees that, provided that the Postal Service is not in default under this Lease, and for so long as
this Lease is in full force and effect, the Postal Service shall lawfully and quietly hold, occupy and enjoy the
Premises during the term of this Lease from and after Landlord's delivery of the Premises to the Postal Service until
the end of the term, without disturbance by Landlord or by any person having title paramount to Landlord's title or
by any person claiming by, through or under Landlord.
b. Exterior of Building. Landlord shall not place, or allow any other person or entity to place, any advertising, bas
reliefs, murals or other decorations on the exterior walls of the area in which the Premises is located eeFshall
Nothing stated herein is
intended to prohibit Landlord from replacing the landscaping or plantings in existence at the commencement of this
Lease as needed. SEE ADDENDUM #25
c. Recording. Not Applicable
August 2017 Page 10 of 14
Facility Name/Location
Miami - Sunny Isles Beach Finance (115902-001)
18070 COLLINS AVE, SUNNY ISLES BEACH FL 33160-2723
General Conditions to USPS Lease
County: Dade
Lease: Q90000541565
d. Subordination, Non -Disturbance and Attornment Agreement. Not Applicable
e. Severability. The invalidity of any provision of this Lease, as determined by a court of competent jurisdiction, shall
in no way affect the validity of any other provision hereof.
f. Interpretation. Section headings are not a part hereof and shall not be used to interpret the meaning of this Lease.
This Lease shall be interpreted in accordance with the fair meaning of its words and both parties certify they either
have been or have had the opportunity to be represented by their own counsel and that they are familiar with the
provisions of this Lease, which provisions have been fully negotiated, and agree that the provisions hereof are not to
be construed either for or against either party as the drafting party.
g. Incorporation of Prior Agreements; Amendments. This Lease contains all agreements of the parties as of the
date hereof with respect to any matter mentioned herein. No prior agreement, correspondence or understanding
pertaining to any such matter shall be effective to interpret or modify the terms hereof. This Lease may be modified
only in writing, signed by the parties in interest, at the time of the modification. Landlord specifically acknowledges
that the Postal Service's employees at the Premises do not have authority to modify the Lease or to waive the Postal
Service's rights hereunder.
h. Waivers. No waiver by the Postal Service or Landlord of any provision hereof shall be deemed a waiver of any
other provision hereof and no waiver of any breach hereunder by Postal Service or Landlord shall be deemed a
waiver of any subsequent breach by the Postal Service or Landlord of the same or any other provision. A party's
consent to or approval of any act shall not be deemed to render unnecessary obtaining such party's consent to or
approval of any subsequent act. No waiver shall be effective unless it is in writing, executed on behalf of Landlord or
the Postal Service by the person to whom notices are to be addressed.
i. Holding Over. If the Postal Service remains in possession of the Premises or any part thereof after the expiration
of the term, with or without the written consent of Landlord, such occupancy shall be on all the terms of this Lease
with the exception that the Postal Service will continue to pay either the last rental rate in effect prior to the expiration
or termination of the Lease or the fair market value>
dieeret•ie� of the leasehold, whichever is higher. If the parties agree to an=xec=ea'n=wl�ease =ease
the rent paid during the holdover period will be adjusted to reflect the rate negotiated by the parties for the new lease
or lease extension, and the difference, if any, will be paid to Landlord along with the new rent for the new lease or
lease extension, or credited to the Postal Service, if applicable. The Postal Service may terminate the Lease during
the holdover period upon 60 days' prior written notice to Landlord
e
f +� + h. a +�,, Failure by the Postal Service
to remove its personal property therefrom at the end of the Lease term shall be construed as an act of holdover by the
Postal Service. SEE ADDENDUM #26, #27, #28, #29
j. Successors and Assigns. Subject to the provisions of this Lease, this Lease shall be binding upon and benefit the
parties, their personal representatives, successors and assigns.
k. Landlord's Access. Landlord and Landlord's agents shall have the right to enter the Premises upon reasonable
prior written notice for the purpose of performing maintenance or repairs that are the responsibility of Landlord under
this Lease. The Landlord's right of entry hereunder shall be exercisable only during normal business hours and only
on the terms set forth below. All etheF aeeess to the Premises, on luding but_net lifnited to shewing the
In the event of emergency requiring access
after-hours, Landlord must call the Postal Inspection Service at 1-877-876-2455 Option 2 "Emergency" prior to entry.
When entering or performing any repair or other work in the Premises, Landlord, its agents, employees
August 2017 Page 11 of 14
v ...J,TEV5�,��Es..
Facility Name/Location
Miami - Sunny Isles Beach Finance (115902-001)
18070 COLLINS AVE, SUNNY ISLES BEACH FL 33160-2723
General Conditions to USPS Lease
County: Dade
Lease: Q90000541565
and/or contractors (i) shall identify themselves to the Postal Service's personnel immediately upon entering the
Premises, and must be accompanied by a Postal Service employee when not in public areas; and (ii) shall use
commercially reasonable, good faith efforts not to materially or unreasonably affect, interrupt or interfere with the
Postal Service's use, business or operations on the Premises or obstruct the visibility of or access to the Premises.
In the event of substantial and material ef-uflfeasefilable interference, the Rent and other payments and
reimbursements due or to become due under this Lease all shall be equitably abated if the interference continues
for more than 24 hours. In the event such interference shall continue for longer than 6 months, the Postal Service
shall have the option to terminate this Lease or continue to operate with rent abatement until the interruption
ceases. Notwithstanding the foregoing, in the event that, as a result of any substantial and material -of
aareaeeflabae interference, the Postal Service is legally required to move any of its business operations, then
Landlord shall reimburse the Postal Service for the actual reasonable costs incurred in connection with such move.
SEE ADDENDUM #30, #31, #32
I. Calendar Days. All references herein to "days" shall mean calendar days unless specified to the contrary.
m. Counterparts. This Lease may be executed in counterparts, which together shall constitute a single instrument.
The parties agree that if the signature(s) of either Landlord or the Postal Service on this Lease or any amendments,
addendums, assignments, or other records associated with this Lease is not an original but is a digitally encrypted
signature, then such digitally encrypted signature shall be as enforceable, valid and binding as, and the legal
equivalent to, an authentic original wet signature penned manually by its signatory.
n. Notices. Whenever a provision is made under this Lease for any demand, notice or declaration of any kind, or
where it is deemed desirable or necessary by either party to give or serve any such notice, demand or declaration
to the other party, it shall be in writing and sent by (i) United States mail, certified, postage prepaid or (iii) by Priority
Mail Express (overnight), in each instance to the addresses set forth below or at such address as either party may
advise the other from time to time. Notices to the Postal Service shall also include the identification of the facility
name and location in such notices. Notices given hereunder shall be deemed to have been given three (3) days
after the date of certified mailing or the next business day after being sent by Priority Mail Express (regardless
whether the addressee rejects, refuses to sign, or fails to pick up such delivery).
To Landlord at: CITY OF SUNNY ISLES BEACH
With a copy to:
To the Postal Service at:
With a copy to:
18070 COLLINS AVE, SUNNY ISLES BEACH, FL 33160-2723
Contracting Officer
7500 E 53RD PL RM 1108, DENVER, CO 80266-9918
Postmaster/Installation Head
18070 COLLINS AVE, SUNNY ISLES BEACH, FL 33160-2723
August 2017 Page 12 of 14
00095"TI, V E.
Facility Name/Location
Miami - Sunny Isles Beach Finance (115902-001)
18070 COLLINS AVE, SUNNY ISLES BEACH FL 33160-2723
General Conditions to USPS Lease
County: Dade
Lease: Q90000541565
Anything in the foregoing to the contrary notwithstanding, in the case of multiple persons or entities comprising
Landlord under this Lease or in the case of a person or entity acting as an agent of Landlord, notices to any one of
such multiple persons or entities or notice to an agent of Landlord shall be deemed to be sufficient notice to
Landlord
o. Prompt Payment Act. The provisions of the Prompt Payment Act, 31 U.S.C. § 3901 shall apply to all Postal
Service payment obligations under this Lease, including any interest or penalties for late payments.
p. Payment Offsets. As required by 31 U.S.C. 3716, the Postal Service participates in the Treasury Offset
Program of the Department of Treasury's Financial Management Service. Payments owed to Landlord from the
Postal Service under this Lease are subject to offset in whole or in part to for the Landlord's delinquent tax and
non -tax debts owed to the United States and the states and for delinquent child support payments.
q. Real Estate Conflict of Interest Certification. As condition to the effectiveness of this Lease, Landlord shall
complete and return the Real Estate Conflict of Interest form attached to this Lease at the time of Landlord's
execution and delivery of this Lease. If Landlord's certification in such form is false, or Landlord breaches the
certification and fails to notify the Postal Service Contracting Officer as provided therein, then the Postal Service
may (i) withhold rent and all other payments and reimbursements until Landlord remedies the misrepresentation or
the Postal Service waives such conflict of interest, (ii) terminate the Lease on a date set forth in the notice to
Landlord without penalty, or (iii) exercise any other remedy it may have for damages or injunctive relief. The Postal
Service may exercise any or all of the foregoing remedies.
11. FACILITIES NONDISCRIMINATION
a. By executing this Lease, the Landlord certifies that it does not and will not maintain or provide for its employees
any segregated facilities at any of its establishments, and that it does not and will not permit its employees to
perform services at any location under its control where segregated facilities are maintained.
b. The Landlord will insert this clause in all contracts or purchase orders under this Lease unless exempted by
Secretary of Labor rules, regulations, or orders issued under Executive Order 11246.
12. CLAUSES REQUIRED TO IMPLEMENT POLICIES, STATUTES, OR EXECUTIVE ORDERS
The following clauses are incorporated in this Lease by reference. The text of incorporated terms may be found in
the Postal Service's Supplying Principles and Practices, accessible at
hit .p•//about usps com/manuals/ p/h ml/ 12 1p 0 htm or by searching wwww.us sp com.
Clause 1-5, Gratuities or Gifts (March 2006)
Clause 1-6, Contingent Fees (March 2006)
Clause 9-3, Davis -Bacon Act (March 2006)
Clause 9-7, Equal Opportunity (March 2006)2
Clause 9-13, Affirmative Action for Handicapped Workers (March 2006)3
Clause 9-14, Affirmative Action for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible
Veterans (February 2010)4
Clause B-25, Advertising of Contract Awards (February 2013)
Note: For purposes of applying the above standard clauses to this Lease, the terms "supplier," "contractor," and
August 2017 Page 13 of 14
h RTAFL1 10��9.
Facility Name/Location
Miami - Sunny Isles Beach Finance (115902-001)
18070 COLLINS AVE, SUNNY ISLES BEACH FL 33160-2723
General Conditions to USPS Lease
County: Dade
Lease: Q90000541565
"lessor" are synonymous with "Landlord," and the term "contract" is synonymous with "Lease."
1 For premises with net interior space in excess of 6,500 SF.
2 For leases aggregating payments of $10,000 or more.
3 For leases aggregating payments of $10,000 or more.
4 For leases aggregating payments of $25,000 or more.
August 2017 Page 14 of 14
Facility Name/Location
Miami - Sunny Isles Beach Finance (115902-001)
18070 COLLINS AVE, SUNNY ISLES BEACH FL 33160-2723
Maintenance Rider Landlord Responsibility
County: Dade
Lease: Q90000541565
Landlord shall, except as otherwise specified herein and except for damage resulting from, and to the extent of,
the negligence of the Postal Service agents or employees (which portion of the damage arising directly from
Postal Service agent or employee negligence shall be the responsibility of the Postal Service), maintain the
Premises, including the building and any and all equipment, fixtures, systems, common facilities and
appurtenances (including but not limited to parking lots, driveways, sidewalks and fencing), whether severable
or non -severable, furnished by Landlord under this Lease, in good repair and tenantable condition consistent
with standards of comparable buildings and/or projects located in the vicinity of the Property. Landlord's duties
under this Rider shall include repair and replacement, as necessary, and includes without limitation:
a. Landlord is responsible for inspection, prevention and eradication of vermin, birds, insects, including, without
limitation, termites and any other wood -eating insects and for repairs of any damage resulting therefrom.
b. Landlord is responsible to repair damages resulting from Acts of God; acts of public enemy, riot or
insurrection; and vandalism and damages resulting from fire or other casualty (except to the extent such
damages were caused due to the negligence of the Postal Service agents or employees in which case the
Postal Service shall be responsible for the portion of repairs caused directly by its negligence).
c. Any heating system and air conditioning equipment furnished by Landlord must be properly sized for the
facility, must be in good working order at the commencement of the term, and must be maintained and, if
necessary, replaced by Landlord to ensure that it remains in good working order and in proper operation;
such system and equipment must be capable of cooling the Premises to 68 degrees Fahrenheit (68T) and
heating the Premises to 78 degrees Fahrenheit (78°F) in all enclosed portions of the Premises (excluding any
rear vestibule) at all times. In addition, such system and equipment must provide heat to a minimum of 68
degrees Fahrenheit (68°F) and cooling to a maximum of 78 degrees Fahrenheit (78°F) in all enclosed
portions of the Premises (excluding any rear vestibule) at all times during the appropriate seasons. Landlord
shall be responsible for maintaining and servicing of the heating system and air-conditioning equipment,
including, refrigerant and filters per manufacturer's recommendation as required for proper operation of the
equipment and for replacing the same at the end of its useful life or earlier. Regardless of whether Landlord is
required by the Lease to provide fuel for a heating system as set forth in the USE Rider, any investigative and
remediation cost associated with a release of fuel from the heating system, including any fuel tank, shall be
the responsibility of the Landlord, unless, and to the extent that, the release is caused due to the negligence
of the Postal Service agents or employees, in which event the Postal Service shall be responsible for a
portion of the investigative and remediation costs associated with the release to the extent such release was
due directly to the Postal Service's agents' or employees' negligence.
Boilers (heating and hot water supply) and unfired pressure vessels provided by Landlord as part of the
Premises shall be maintained and, if necessary, replaced by the Landlord in accordance with ASME Boiler
and Pressure Vessel Code, Sections IV, VI, and VIII; National Fire Prevention Association (NFPA)-70,
National Electric Code; and/or ASME Safety Code No. CSD -1, Controls and Safety Devises for Automatically
Fired Boilers; ASME A18.1, Safety Standard for Platform Lifts and Chairlifts; NFPA-54, National Fuel Gas
Code; and NFPA-31, Oil Burning Equipment Code, as applicable, or as required by local ordinances. Current
safety certificates issued by an organization recognized by the National Board of Boiler and Pressure Vessel
Inspectors or a federal, state or municipal authority which has adopted the American National Standard
Institute/American Society of Mechanical Engineers (ASME) Boiler and Vessel Code, must be provided by
August 2017 Pagel of 4
Facility Name/Location
Miami - Sunny Isles Beach Finance (115902-001)
18070 COLLINS AVE, SUNNY ISLES BEACH FL 33160-2723
Maintenance Rider Landlord Responsibility
County: Dade
Lease: Q90000541565
Landlord for boilers and unfired pressure vessels. In the event local jurisdictions do not require periodic
inspection of such equipment, the Postal Service shall have the right to conduct inspections in accordance
with the aforesaid codes, and may issue safety certificates, as appropriate.
e. Any electrical/power system furnished by Landlord must be properly sized for the facility, must be in good
working order at the commencement of the term, and must be maintained and, if necessary, replaced by
Landlord to ensure that it remains in good working order and in proper operation.
f. Whether public or private water or sewer systems are provided, said systems (including potable water) must
be properly sized for the facility and be maintained in good working order at all times during the term and
replaced by Landlord as necessary to ensure that the same remain in good working order as aforesaid,
including any inspections that may be required.
Upon request from the Postal Service, Landlord shall paint all interior and exterior previously painted surfaces
as follows:
at least once every five (5) years during the continuance of the Lease
term unless required more often because of damage from fire or other casualty. Landlord is required to apply
only one coat of paint. If additional coats are required by the Postal Service, the Postal Service will be
responsible for cost of additional coats of paint, including application costs. Landlord shall coordinate the
painting schedule in advance with the Postal Service's on-site facility manager. The Postal Service will be
responsible for moving furniture and equipment away from walls as required, provided that Landlord gives the
Postal Service at least 68 30 days prior notice of the need to do so, and provided that Landlord shall not
conduct any type of painting (interior or exterior) during the period beginning October 1 and ending January
30 during the Lease term. SEE ADDENDUM #33, #34, #35
Any elevators, escalators and/or dumbwaiters provided by the Landlord as part of the Premises shall be
maintained in good working order throughout the term, and, if necessary to ensure that the same remain in
good working order and in proper operation, replaced by the Landlord in accordance with ASME A17.1,
Safety Code for Elevators, Escalators, Dumbwaiters, and Moving Walks; ASME A17.2, Elevator Inspectors
Manual; ASME A17.3 Safety Code for Existing Elevators and Escalators; ASME A17.4, Emergency
Evacuation Procedures for Elevators; and ASME A17.5, Elevator and Escalator Electrical Equipment.
Landlord must ensure that current safety certificates for elevators, dumbwaiters and escalators are issued by
an organization authorized to inspect in accordance with the ANSI/ASME Code for Elevators, Dumbwaiters
and Escalators or appropriate federal, state or municipal authority. In the event local jurisdictions do not
require periodic inspection of such equipment, the Postal Service shall have the right to conduct inspections
in accordance with the aforesaid codes.
Any wiring, including, but not limited to, wiring for the Electronic Security and Surveillance Equipment (ESS),
Closed Circuit Television (CCTV), Very Small Aperture Terminal (VSAT), Criminal Investigation System
(CIS), Intrusion Detection System (IDS), etc., installed by Landlord shall be maintained, and if necessary,
replaced by Landlord. However, the Landlord shall not attempt any maintenance of, or repair of, or interfere
with, the actual security, telephone, or telecommunications equipment, such as cameras, consoles, monitors,
satellite dishes, telephone handsets, and Point -of -Service (POS) equipment.
j. Landlord is responsible for all utilities including all systems and structures and the components thereof which
deliver such utility services to the Premises, including but not limited to base building plumbing, pipes,
conduit, wiring, and related components located within the facility including, without limitation, behind walls,
August 2017 Page 2 of 4
UN11"ED STA LAS, .
Facility Name/Location
Miami - Sunny Isles Beach Finance (115902-001)
18070 COLLINS AVE, SUNNY ISLES BEACH FL 33160-2723
Maintenance Rider Landlord Responsibility
County: Dade
Lease: Q90000541565
under floors and inside ceilings. This excludes additional systems and/or structures that were specifically
installed by the Postal Service or its contractors for the Postal Service's particular furniture, fixtures, and
equipment (FF&E) needs.
2. Notwithstanding anything herein to the contrary, the Postal Service shall, except for damage resulting from, and
to the extent of, the negligence of Landlord, maintain the following items at the Premises if originally installed by
the Postal Service: flag poles, dock lifts, roll -up customer service windows, roll -up doors, scissor lifts, electronic
security systems, and lobby and back -door locks. The Postal Service's duties include repair and replacement,
as necessary, and shall be fulfilled at such time and in such manner as the Postal Service reasonably considers
necessary to keep such items in proper condition during the Lease term. The Landlord shall be responsible for
the portion of maintenance, repair and replacement costs for damage to such items resulting directly from its
negligence.
Whenever the Landlord's obligation for maintenance, repair, or replacement arises under this Lease, Landlord
shall make all repairs promptly but in any event within the time period provided in the Postal Service's notice to
Landlord, which shall not be less than 30 days
epAee-. If Landlord fails to make such
repairs within the time period set forth in the Postal Service's notice to Landlord (except when the repairs require
more time than as provided in the Postal Service's notice to Landlord and Landlord notifies the Postal Service of
such time period) the Postal
Service may (i) perform the maintenance, repair, or replacement (by contract or otherwise) and recover the cost
, from the Landlord and from Rent and other payments and
reimbursements due or to become due to Landlord, or (ii) terminate the Lease on a date specified by the Postal
Service in the notice to Landlord. Notwithstanding the foregoing, in the event of an emergency
the Postal Service may give Landlord such shorter notice as is practicable
under the circumstances, ' , and if Landlord fails to make such repairs within the time
period provided -i edlateely, the Postal Service may immediately perform the maintenance, repair, or
replacement (by contract or otherwise) and recover the cost s-any-adist , from
Landlord and from Rent and other payments and reimbursements due or to become due to Landlord. The
Postal Service may abate Rent and all other payments due or to become due under this Lease for any period
any common areas of the Property
providing access to the Premises, or parking areas are untenantable or unfit for the Postal Service's use. The
remedies provided in this section are non-exclusive and are in addition to any remedies available to the Postal
Service under applicable law. SEE ADDENDUM #36, #37, #38, #39, #40, #41, #42, #43, #44, #45, #46
4. In performing the maintenance, repair and/or replacement obligations under this Lease, Landlord must:
a. comply with applicable Occupational Safety and Health Standards, title 29 Code of Federal Regulations
(CFR) (including but not limited to Parts 1910 and 1926), promulgated pursuant to the authority of the
Occupational Safety and Health Act of 1970 (OSHA);
b. comply with any other applicable federal, state, or local regulation governing workplace safety to the extent
they are not in conflict with section (a) above; and
August 2017 Page 3 of 4
"011'T
/JVf i L�i� ST TES"OrA_
Facility Name/Location
Miami - Sunny Isles Beach Finance (115902-001)
18070 COLLINS AVE, SUNNY ISLES BEACH FL 33160-2723
Maintenance Rider Landlord Responsibility
County: Dade
Lease: Q90000541565
c. take all other proper precautions to protect the health and safety of:
(1) any laborer or mechanic employed by the Landlord in performance of this Lease;
(2) Postal Service employees; and
(3) the public.
Landlord must include this clause in all contracts hereunder and require its inclusion in all subcontracts of a
lower tier. The term "Landlord" as used in this clause in any contract must be deemed to refer to the contractor.
August 2017 Page 4 of 4
AN."01TED STATES
Facility Name/Location
Miami - Sunny Isles Beach Finance (115902-001)
18070 COLLINS AVE, SUNNY ISLES BEACH FL 33160-2723
1. HEAT
Utilities, Service, & Equipment Rider
County: Dade
Lease: Q90000541565
Landlord must furnish and maintain a heating system in accordance with the Maintenance Rider and pay for all fuel
required for proper operation of the heating system.
2. AIR CONDITIONING
Landlord must furnish and maintain air-conditioning equipment in accordance with the Maintenance Rider and pay
for all power required for proper operation of the equipment.
3. ELECTRICITY
Landlord must furnish and maintain an electrical system in accordance with the Maintenance Rider, and pay for all
recurring electric bills.
4. LIGHT
Landlord must provide light fixtures in good working order and maintain, repair and replace the same to ensure that
the light fixtures remain in good working order throughout the Lease term. Landlord is not responsible for
replacement of light bulbs.
5. WATER
Landlord must furnish and maintain at all times throughout the Lease term a potable water system in good working
order, in accordance with the Maintenance Rider, and pay for all recurring water charges.
6. SEWER
Landlord must furnish and maintain at all times throughout the Lease term a sewer system in good working order,
in accordance with the Maintenance Rider, and pay for all recurring sewer charges.
7. TRASH
Landlord agrees to furnish and pay for all trash removal for the Premises and to furnish trash receptacles for use by
the Postal Service in a location reasonably proximate to the entrance to the Premises.
8. SNOW SEE ADDENUM #47
9. CUSTODIAL SERVICES SEE ADDENDUM #48
August 2017 Page 1 of 2
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9. CUSTODIAL SERVICES SEE ADDENDUM #48
August 2017 Page 1 of 2
August 2017 Page 2 of 2
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Facility Name/Location
Miami - Sunny Isles Beach Finance (115902-001)
18070 COLLINS AVE, SUNNY ISLES BEACH FL 33160-2723
Renewal Option Rider (Market Value)
County: Dade
Lease: Q90000541565
The Postal Service may exercise an option to renew this Lease pursuant to Paragraph 4, and given that the Lease
does not designate a specific rental rate; the parties shall determine the appropriate, market value rent for that
renewal term as follows:
1. Not less than 12 months prior to the expiration of the then current lease term, the Postal Service shall give
written notice to Landlord advising Landlord of the Postal Service's opinion of the appropriate market value rent of
the Premises, which shall be stated as a flat annual rate for the duration of the renewal option period. This opinion
shall be based on an appraisal procured by the Postal Service at its sole cost and performed by a "Qualified
Appraiser (as defined herein) prepared in accordance with the professional appraisal standards and practices as
outlined in the Uniform Appraisal Standards for Federal Land Acquisitions, Financial Institutions Reform, Recovery
and Enforcement Act (FIRREA) of 1989 and current version of the Uniform Standards of Professional Appraisal
Practice (USPAP), as applicable (as applicable, each an "Appraisal Standard"). If certain approaches or
requirements outlined in the applicable Appraisal Standard are not applicable to the subject assignment, such
appraisal report must identify that approach or requirement, together with a brief explanation for its omission. Upon
request, a copy of the appraisal's summary page/transmittal letter shall be provided to Landlord. A'Qualified
Appraiser' is an individual who holds a Certified General Appraiser license in the state or territory where the subject
property is located and currently holds an MAI designation from the Appraisal Institute.
2. If Landlord disagrees with the written notice from the Postal Service advising Landlord of the Postal Service's
opinion of the appropriate market value rent for the Premises, then Landlord shall at its sole cost within 30 days
following receipt of such written notice from the Postal Service, procure an appraisal by a Qualified Appraiser
prepared in accordance with the applicable Appraisal Standard. A copy of the appraisal's summary shall be
provided to the Postal Service. If Landlord fails to provide an appraisal summary as specified herein, then the
renewal term rent shall be the market value rent established by the Postal Service's appraisal in which event, the
Postal Service shall then timely exercise the renewal option at such rent.
3. If Landlord's appraisal summary amount is within 10% of the Postal Service's appraisal summary amount, then
the renewal term rent shall be the arithmetic average of the two appraisal summaries. The Postal Service shall then
timely exercise the renewal option. If the difference between the two appraisal summaries is greater than 10%,
Landlord and Postal Service shall attempt to agree in writing on the market value rent during the 30 day period
following delivery of the Landlord's appraisal summary to the Postal Service (the "final negotiation period"). If the
parties reach agreement on the market value rent, the Postal Service shall timely exercise the renewal option. If the
parties are unable to reach agreement during the final negotiation period, then Landlord shall provide the Postal
Service with a list of three Qualified Appraisers within 10 days after request from the Postal Service. The Postal
Service shall select one appraiser from this list to perform an appraisal review (or, if Landlord fails to provide a list,
the Postal Service shall select an appraiser) (the "Third Appraiser"). Within 30 days, the Third Appraiser shall
review both full narrative appraisal reports, establish an appropriate annual market value rent for the renewal term
and forward copies of the completed appraisal review to the Postal Service and Landlord. The Postal Service then
may, but shall not be obligated to, timely exercise the renewal option. If the Postal Service elects to exercise the
renewal option, the rent shall be established at 95% of the annual rental amount determined by the Third Appraiser
for the renewal term of the Lease.
4. Landlord and Postal Service shall share equally the cost of the Third Appraiser, as follows. The Postal Service
shall contract for the Third Appraiser using its standard Contract for Real Estate Services. Landlord shall reimburse
the Postal Service 50% of the cost of the Third Appraiser within 60 days of presentation of the Third Appraiser's
invoice(s). If Landlord fails to pay this 50% share within said time period, the Postal Service may deduct that
amount from the following month's rent without further notice to Landlord.
August 2017 Page 1 of 2
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Facility Namell-ocation
Miami - Sunny Isles Beach Finance (115902-001)
18070 COLLINS AVE, SUNNY ISLES BEACH FL 33160-2723
Renewal Option Rider (Market Value)
County: Dade
Lease: Q90000541565
5. If the parties have not completed the appraisal/market value rent determination process and the date for the
Postal Service to exercise the renewal option is approaching, the Postal Service shall timely exercise the renewal
option at the Postal Service appraiser's market value rent figure (pursuant to paragraph 1 above) and shall not be
considered a holdover tenant; provided that if the parties fail to complete the appraisal/market value rent
determination process prior to the date for the Postal Service to exercise the renewal option due to the failure of the
Postal Service to begin the rent determination process within the time frame set forth in paragraph 1 above, then if
the Postal Service elects to exercise the renewal option, the rent for that renewal period shall be the Landlord's
appraiser's market value rent figure (unless Landlord did not timely procure its appraiser's market value
determination, in which event the Postal Service appraiser's market value rent figure shall apply). Once the renewal
term's appropriate market value rent has been determined as noted above, the Postal Service will either pay to
Landlord any incremental rental increase for this interim period or deduct any incremental rental decrease for this
interim period from rent or other payments due to Landlord under the Lease.
August 2017 Page 2 of 2