HomeMy WebLinkAboutReso 2000-278
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RESOLUTION NO. 2000- "278 - . 0 --
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
SUNNY ISLES BEACH, FLORIDA, APPROVING A SUBLEASE
AGREEMENT FOR OFFICE SPACE, BY AND BETWEEN
CENTRAL FLORIDA INVESTMENTS, INC. AND THE CITY OF
SUNNY ISLES BEACH, APPROVED BY R.K. ASSOCIATES AND
ATTACHED HERETO AS EXHIBIT "A"; AUTHORIZING THE
CITY MANAGER TO EXECUTE THE AGREEMENT AND TO DO
ALL OTHER THINGS NECESSARY TO EFFECTUATE THE
AGREEMENT; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, by Resolutions No. 97-8 and 98-53 the City Commission approved the
execution of a lease at 17070 Collins Avenue for the build-out of the Government Center; and
WHEREAS, the increase of City services and number of employees has necessitated a need
for additional office space for the Building Department; and
WHEREAS, with the consent of R.K. Associates, Central Florida Investments, Inc. has
agreed to sublet an office space to the City for the Building Department;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Approval of Agreement. The sublease agreement for office space, by and between
Central Florida Investments, Inc. and the City of Sunny Isles Beach, approved by R.K. Associates
and attached hereto as Exhibit "A," be, and the same, is hereby approved.
Section 2. Authorization of City Manager. The City Manager is hereby authorized to execute
said agreement and to do all other things necessary to effectuate the agreement.
Section 3.
Effective Date. This Resolution shall be effective upon adoption.
PASSED AND ADOPTED this 19th day of October,
ATTEST:
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Richard ~rown-Morilla, City Clerk
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Building D'epattment Sublease Agreement - res
APPROVED AS TO FORM
AND E AL S ICIENCY:
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Vote: 6 ...()
Mayor Samson
Vice Mayor Morrow
Commissioner Iglesias
Commissioner Kauffman
Commissioner Turetsky
v (Yes)
V (Yes)
vtYes)
V(Yes)
a,/(Yes)
_(No)
_(No)
_(No)
_(No)
_(No)
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Building Department Sublease Agreement - res
CITY OF SUNNY ISLES BEACH BUILDING DEPARTMENT
SUBLEASE AGREEMENT
THIS SUBLEASE AGREEMENT is made as of this day of
, 2000, by CENTRAL FLORIDA INVESTMENTS, INC., a
Florida Corporation ("Sublessor") to the CITY OF SUNNY ISLES BEACH ("Sublessee") and
R.K. ASSOCIATES (as "RK.").
WHEREAS, RK. and Sublessor entered into a lease agreement ("Base Lease") dated
February 26,1996, for office suites 257,258, 259, and 260 located at 17070 Collins Avenue in
Sunny Isles Beach, Florida; and
WHEREAS, as consideration for the Base Lease, Sublessor has agreed, among other
things, to pay rent to RK. in the amount specified in said lease until the lease expires on
December 31, 2001; and
WHEREAS, Sublessor has available space to Sublease and wishes to sublet office suite
260 to Sublessee with the understanding that Sublessor shall remain responsible for all
obligations and liabilities under Base Lease with RK., which include but is not limited to
payment of rent.
NOW THEREFORE, in consideration of the foregoing and for the mutual covenants,
representations and warranties and other good and valuable consideration, the receipt and
adequacy of which is hereby acknowledged, the parties agree as follows:
SECTION ONE
RECITALS
The recitals set forth above are hereby incorporated into this agreement and made a part hereof
for reference.
SECTION TWO
DEMISE AND USE
Sublessor leases to Sublessee and Sublessee leases from Sublessor, the space described in
Section Three for the operation of the City's Building Department.
SECTION THREE
DESCRIPTION OF SPACE
The premises subject to this Sublease consists of an office space located at 17070 Collins
Avenue, Suite 260 which is approximately 1600 square feet, City of Sunny Isles Beach, County
of Miami-Dade, State of Florida.
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Building Department Sublease Agreement - Final
SECTION FOUR
QUIET ENJOYMENT
If Sublessee performs the terms of this Sublease, Sublessor warrants that Sublessee will have
quiet enjoyment and peaceful possession of the space leased, and that he/she will defend
Sublessee in such quiet enjoyment and peaceful possession during the term of this Sublease
without interruption by Sublessor or owner, or of any person rightfully claiming under either of
them
SECTION FIVE
SUBLESSOR'S OBLIGATIONS
a. (i) Sublessor agrees to pay the rent reserved in the Base Lease to R.K. and to perform
and observe the Sublessor's covenants and obligations contained in the Base Lease by
and between Sublessor and RK. so far as they ought to be performed and observed by
Sublessor.
(ii) Except with respect to a failure to pay rent, which is subject to the terms of
Section 15 hereinbelow, if Sublessor fails to perform any other obligations under this
Section including compelling R.K. to perform under the Base Lease, Sublessee reserves
the right to withhold rent or take other curative action and offset that sum from rent due
Sublessor. This remedy is cumulative to Section 15b. hereunder.
b. Unless specified in this Sublease agreement, Sublessee assumes no responsibility for the
payment of rent to R.K. or any other obligations of Sublessor pursuant to the Base Lease
agreement except as specifically delineated within this Sublease.
SECTION SIX
TERM OF SUBLEASE
The term of this Sublease shall commence on the first day of the first month after the premises
are ready for occupancy by the Sublessee, which is estimated to be no earlier than November 1,
2000, or soon thereafter, as the City actually takes possession of the space, within its sole
discretion. The term shall commence on that date through December 31, 2001.
SECTION SEVEN
SUBLEASE RENT
a. Sublessee agrees to pay the Sublessor as rent for the premises a base rent of One
Thousand Dollars ($1,000) per month on a pro rata basis from the date Sublessee
assumes possession pursuant to Section Six. The rent shall be paid on the first day of
each and every month. The rent payment is inclusive of any tax liabilities and other
charges.
b. Sublessor agrees to pay RK. all additional rent that is due under the Base Lease for the
leased premises. RK. acknowledges that Sublessee shall not be responsible for any rent
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Building Department Sublease Agreement - Final
payments under the Base Lease if Sublessor fails to pay rent pursuant to the Base Lease,
provided that if Sublessor is ejected, Sublessee will agree to make its rental payments to
R.K. and such payments shall be accepted by R.K. as performance on part of Sublessor,
keeping the Base Lease in full force with respect to space #260 until December 2001.
SECTION EIGHT
OPTION TO RENEW
Subject to Sublessor's ability to keep the Base Lease in effect for the remainder of its term or
through extension or renewal, Sublessee is granted the option of extending and renewing the
term of this Sublease for an additional one (1) year period, at a base rent of One Thousand
Dollars ($1,000.00) per month. The option must be exercised by Sublessee before the beginning
of the last calendar month of the term of this Sublease, and shall be exercised by written notice
to Sublessor thirty (30) days in advance of expiration of term.
SECTION NINE
HOLDOVER
Any holdover at the expiration of this Sublease with Sublessor's consent shall be on a month-to-
month basis, which tenancy may then be terminated as provided by the laws of the State of
Florida. During the holdover tenancy, Sublessee agrees to pay monthly to Sublessor the same
rate of rental as in effect at the time of the termination and agrees to be bound by the terms of
this Sublease insofar as they are applicable.
SECTION TEN
SERVICES AND UTILITIES
No charges for water, gas, electricity and other utility services with the exception of telephone
service due to Sublessor for such utilities as used by Sublessee, is included in the rental
payments as set forth in Section 7a.
SECTION ELEVEN
USE FOR BUSINESS PURPOSES
The premises and space subleased in this agreement are to be primarily for governmental
purpose and for no other purpose without first obtaining the written consent of the Sublessor.
SECTION TWELVE
OBLIGATION OF SUBLESSEE/SUBLESSOR
By entering into this Sublease agreement, Sublessee does not assume the obligations and
liabilities of Sublessor under the Base Lease agreement. Should Sublessor be ejected by R.K. or
otherwise abandon the premises during the term of the Base Lease, the Sublessee will assume the
obligations under the Base Lease with respect to space #260 to the extent that the obligations do
not exceed and/or conflict with the terms and conditions in the Sublease.
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Building Department Sublease Agreement - Final
SECTION THIRTEEN
PUBLIC LIABILITY INSURANCE
Sublessor agrees to keep the premises insured against public liability and to maintain the liability
insurance pursuant to the Base Lease.
SECTION FOURTEEN
INDEMNIFICATION
Should Sublessor default in payment of its rent reserved in the Base Lease on the premises
Sublease, Sublessor agrees to hold the Sublessee harmless from any and all damages, causes,
claims or expenses arising from such default. In the event that Sublessor fails to pay rent under
Base Lease, R.K. agrees to hold Sublessee harmless and agrees to continue to perform the terms
and conditions of the Sublease, subject to Section 7b above.
SECTION FIFTEEN
DEFAUL T BY SUBLESSOR TO PAY RENT
Should Sublessor default in payment of its rent reserved in the Base Lease on the premises
subleased, Sublessee has the right to pay the rent installment amounts agreed in Sublease
agreement to Lessor, and such payments shall be accepted by Lessor as performance on part of
Sublessor, keeping the lease in full force and effect with respect to space #260 until December
31, 2001, and, such payments shall not in any way make the Sublessee responsible for the
obligations of the Sublessor under the Base Lease.
SECTION SIXTEEN
TERMINATION
This Sublease agreement may be terminated by the City with or without cause upon thirty (30)
days notice to the Sublessor and R.K.
SECTION SEVENTEEN
APPLICABLE LAW
Florida law shall be used in interpreting this lease and in determining the rights of the parties
under it.
SECTION EIGHTEEN
ARBITRATION OF DISPUTES
The parties agree that disputes under this Sublease, and in particular disputes as to the new rental
to be reserved if this Sublease is renewed or extended by exercise of Sublessee's option in
accordance with Section Seven of this lease, shall be arbitrated in accordance with the arbitration
laws of the State of Florida, as supplemented by the rules then obtaining of the American
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Building Department Sublease Agreement - Final
Arbitration Association. Judgment on the award rendered may be entered in any court having
jurisdiction of the parties.
SECTION NINETEEN
CONSENT OF LESSOR
Lessor, by this agreement, consents to the Sublease of the premises between Sublessor and
Sublessee.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement In
duplicate on the day and year first written above.
WITNESSES:
R.K. Associates (Lessor):
By:
Daniel Katz, Vice President
Central Florida Investments, Inc. (Sublessor):
By:
David Siegel, President
City of Sunny Isles Beach (SubLessee):
By:
Christopher J. Russo, City Manager
Approved As to Form and Legal Sufficiency:
By:
Lynn M. Dannheisser, City Attorney
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Building Department Sublease Agreement - Final