HomeMy WebLinkAboutReso 2001-303
RESOLUTION NO. 2001- 3D3
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES
BEACH, FLORIDA, APPROVING THE SUBLEASE AGREEMENT BY AND BETWEEN
THE CITY OF SUNNY ISLES BEACH AND OCEAN TWO LIMITED PARTNERSHIP
AND R.K. ASSOCIATES, A TT ACHED HERETO AS EXHIBIT "A"; AUTHORIZING THE
CITY MANAGER TO EXECUTE THE ADDENDUMS AND DO ALL OTHER THINGS
NECESSARY TO EFFECTUATE SAME; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, by Resolution No. 2000-278 the City Commission approved of a Sublease
Agreement for office space for the Building Department which was never materialized; and
WHEREAS, the City is still in need of additional office space for the Building Department;
and
WHEREAS, Ocean Two Limited Partnership, R.K. Associates, and the City of Sunny Isles
Beach have agreed, on the terms provided below, to sublease Suite 268;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Approval of the Sublease Agreement. The sublease Agreement, by and between the
City of Sunny Isles Beach, Ocean Two Limited Partnership and R.K. Associates, Inc., 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
the sublease and do all other things necessary to effectuate same.
Section 3.
Effective Date. This Resolution shall be effective upon adoption.
PASSED AND ADOPTED this 18th day of January, 200 .
ATTEST:
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'~j~h~d ~town~Marill~;; City Clerk
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Building Department-Ocean Two Ltd Sublease
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
Vote:
6-0
Mayor Samson
Vice Mayor Kauffman
Commissioner Iglesias
Commissioner Morrow
Commissioner Turetsky
Building Department-Ocean Two Ltd Sublease
~Yes)
-V(Y es)
_ V iYes)
ITjYes)
~(Yes)
Moved by:
Seconded by:
Page 2 of2
c.ornrn\ SSlOrVE..R. ~~'TS~1'
CoY'nVV'\\$S\ D~~ \'Y\O~ROuJ
_(No)
_(No)
_(No)
_(No)
_(No)
CITY OF SUNNY ISLES BEACH BUILDING DEPARTMENT
SUBLEASE AGREEMENT
THIS SUBLEASE AGREEMENT is made as of this 2.0 day of
..Dt2.Ce\M..b.e<Z-- , 2000, by OCEAN TWO LIMITED PARTNERSHIP, a Florida
Corporation ("Sublessor") and the CITY OF SUNNY ISLES BEACH ("Sublessee") with R.K.
ASSOCIATES, (as "Lessor") consenting hereto.
WHEREAS, R.K. and Sublessor entered into a lease agreement ("Base Lease") for
office suite 268 located at 17070 Collins Avenue in Sunny Isles Beach, Florida ("the Premises");
and
WHEREAS, Sublessor wishes to sublet office suite 268 to Sublessee with the
understanding that Sublessor shall remain responsible for all obligations and liabilities under
Base Lease with R.K., which include but is not limited to payment of rent, but obligating
Sublessor and Sublessee to the specific terms of this Sublease.
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
CONFLICTING PROVISIONS
Notwithstanding anything to the contrary contained in this Sublease Agreement, in the event
there are any conflicts between a specific clause of the Sublease Agreement and a specific clause
of the Base Lease, the terms of this Agreement shall prevail.
SECTION THREE
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, except as may otherwise be specifically
provided herein. Sublessee shall be responsible for repairs necessitated and specifically caused
by Sublessee. All other repairs remain the responsibility of the parties under the Base Lease.
SECTION FOUR
DESCRIPTION OF SPACE
The premises subject to this Sublease consists of an office space located at 17070 Collins
A venue, Suite 268, which is approximately 2600 square feet, City of Sunny Isles Beach, County
of Miami-Dade, State of Florida.
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SECTION FIVE
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 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 January 2,
2001, 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
TOTAL RENT
Sublessee agrees to pay the Sublessor as rent for the premises One Thousand Five Hundred
Dollars ($1,500) per month. The rent shall be paid on the first day of each and every month.
The rent payment is inclusive of any tax liabilities of Sublessor and operating expenses, except
as set forth in Section Eight herein below.
SECTION EIGHT
UTILITIES
Sublessee agrees that if the leased premises are separately metered that it will pay all charges for
water and electricity used on said premises. Sublessee also agrees that it will pay all charges for
telephone service during the term of this agreement.
SECTION NINE
SALES TAX
As the City of Sunny Isles Beach is a political subdivision of the State of Florida, and an
incorporated municipality, tax-exempt status will apply to the premises.
SECTION TEN
USE AND RETURN OF SECURITY DEPOSIT
No security deposit is required to be submitted by Sublessor under the terms of this Sublease.
SECTION ELEVEN
USE FOR BUSINESS PURPOSES/PUBLIC ACCESS
The premises and space subleased in this Sublease Agreement are to be primarily for
governmental purpose and for no other purpose without first obtaining the written consent of the
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Building Dept & Ocean Two Sublease Agreement
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Sublessor. It is acknowledged and understood that the public shall have access to the Premises at
all times designated by Sublessee.
SECTION TWELVE
REPRESENT A TIONS/W ARRANTIES
The provision in the base lease between Sublessor and R.K. relating to representations/warranties
is not applicable against Sublessee.
SECTION THIRTEEN
ADA COMPLIANCE
Sublessor represents to Sublessee that the leased premises is in full compliance of all ADA
requirements. Sublessor agrees to make any future changes or improvements to leased premises
as mandated by applicable laws, ordinances, orders, regulations of federal, state, county or
municipal authority now or hereinafter in effect in order to be in compliance with any building or
ADA code. Sublessor shall be responsible for these improvements.
SECTION FOURTEEN
HOLD HARMLESS
Sublessor shall remain liable for damages sustained by Sublessee as a result of Sublessor's or its
agents intentional, willful or negligent acts.
SECTION FIFTEEN
EVICTION/RELOCA TION
In the event the Base Lease agreement is terminated for any reason whatsoever by R.K., it is
agreed that Sublessee may remain in possession of Space 268 under the same terms and
conditions as contained in the base lease agreement. It is further agreed, that, in the event, R.K.
desires to relocate Sublessee from the above referenced leased premises for any reason
whatsoever, R.K. may do so with the understanding that a new space will be provided to
Sublessee and the new space will be located on the second floor of the shopping center where the
leased premises is located.
SECTION SIXTEEN
APPLICABLE LAW
Florida law shall be used in interpreting this lease and in determining the rights of the parties
under it.
SECTION SEVENTEEN
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 Dept & Ocean Two Sublease Agreement
12111/005:01 PM
Arbitration Association. Judgment on the award rendered may be entered in any court having
jurisdiction of the parties.
SECTION EIGHTEEN
CONSENT OF LESSOR
RK., by execution of this agreement hereby 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:
~~
/Jl;
Ocean Two Limited Partnership (Sublessor):
BYa.~~
Andrew Chesnick, Vice President
A-\t;esv,.
~~t.A~~dV~~
By:
Approved As to Fo m and Legal Sufficiency:
By:
~~
R.K. Associates (Lessor):
~~
Daniel Katz' Sl ent
III
By:
City of Sunny Isles Beach
17070 Collins Avenue, Suite 250
Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
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