Loading...
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: .''; .. . ' 1f~~l4. '~j~h~d ~town~Marill~;; City Clerk , i . , . , . ". ~ Page 1 of2 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. Page lof4 Building Dept & Ocean Two Sublease Agreement 12/11/005:01 PM 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 Page 2 of4 Building Dept & Ocean Two Sublease Agreement 12/11/005:01 PM 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 Page 3 of 4 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 Page 4 of 4 Building Dept & Ocean Two Sublease Agreement 12/11/005:01 PM