Loading...
HomeMy WebLinkAboutReso 2004-636 RESOLUTION NO. 2004-~~ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING THE ADDENDUM (RENEWAL) OF THE LEASE AGREEMENT BETWEEN THE CITY AND RK ASSOCIATES, ATTACHED HERETO AS EXHIBIT "A"; DIRECTING THE CITY MANAGER AND THE CITY ATTORNEY TO DO ALL THINGS NECESSARY TO EFFECTUATE THE TERMS OF THIS AGREEMENT; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the new city hall for the City will not be complete until the year 2005; and WHEREAS, in accordance with Resolution 2004-633 the City has re-negotiated an option to renew the base lease for Suite 250, and included in writing a short -term lease for Suite 258 and Suite 268; and NOW THEREFORE, BE IT RESOLVED, BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section I. Approval of Lease Addendum. The Lease Addendum between RK Associates, Inc. and the City of Sunny Isles Beach for 17070 Collins Avenue, Suite 250, 251, 253, 254, 255, 256, 258 and 268 attached hereto as Exhibit "A" and made a part hereof be, and the same, is hereby approved. Section 2. Directions to City Manager and City Attorney. The City Manager and City Attorney are directed to do all things necessary to effectuate this approval in concept. Section 3. Effective Date. This Resolution will become effective upon adoption. PASSED and ADOPTED this ~ day of February 2004. -." .; ~ " ATTEST: . ,'0,: " ) ' .. :. ..~ <: . <.~" ...~ ^"'.~"" ,~~~ ~?~ '. .:. Jane. ,A. H,nes~ City:,Clerk 'j c.) " ;~ f'. U:\legislation\Resolutions\RESO APPROVAL of LEASE l<\GREEMENT.doc 1/29/2004 4: 10 PM APPROVED AS TO FORM AND LEGAL SUFFICIENCY ~ttomey Vote: 5-0 Mayor Norman S. Edelcup Vice Mayor Gerry Goodman Commissioner Roslyn Brezin Commissioner Danny Iglesias Commissioner Lewis Thaler Moved by: C~ &~;;z'IAJ Seconded by: Comvy\\c;;.S'lOVl "-v ~~e... V"Yes) f)Y es) ~lY es) ~Yes) -1L(Yes) (No) _(No) _(No) (No) _(No) U:\legislation\Resolutions\RESO APPROVAL ofLEASEJ\GREEMENT.doc 1/29/20044:10 PM Addendum to Lease Agreement ("Lease") between R.K. Associates, Inc., ("Lessor") and the City of Sunny Isles Beach ("Lessee") for 17070 Collins Avenue, Suites 250,251,252, 253, 254, 255, 256, 258 and 268 (the "leased premises"). THIS ADDENDUM IS AND FORMS A PART OF THE LEASE DATED MAY 1,1998 ("Base Lease" AS AMENDED. TO THE EXTENT THE TERMS OF THIS ADDENDUM CONFLICT WITH THOSE CONTAINED IN THE BASE LEASE AS AMENDED, THE TERMS OF THIS ADDENDUM SHALL CONTROL. THE TERMS OF THE LEASE WHICH ARE NOT MODIFIED BY THE TERMS OF THIS ADDENDUM SHALL REMAIN THE SAME AND IN FULL FORCE AND EFFECT. THIS ADDENDUM IS ATTACHED TO AND MADE APART OF THE LEASE AGREEMENT AND SHALL SUPERCEDE AND REPLACE ALL PRIOR ADDENDA. 1. Monthly Rent. Lessor agrees to renew the Lease for City Hall, Police Station and Government Center, for the City of Sunny Isles Beach, which shall include its municipal offices, police headquarters, meeting rooms, and public hall, and Lessor agrees to lease additional space in Suites 258 and 268 for the building department and storage room to the Lessee (hereinafter referred to as the "Leased Premises"), beginning January I, 2004, through December 31, 2004, for which Lessee agrees to pay the following rents: Suites 250-256 -- City Hall & Police Dept. Suite 258 - Storaee Suite 268 -BuUdin!! Dept. $18,000 (including elevator) $4,000.00 $4,500.00 TOTAL MONTHLY RENT (all Leased Premises)....................................... $26,500.00 Operating expenses set forth in Paragraph 23 ofthe Base Lease are deemed included in the monthly rent payment and shall not be otherwise separately due and payable by the Lessee. 2. Option to Renew. Provided the tenant is not in default of any terms or conditions of this Lease at the time the option term is scheduled to commence, the Lessee shall have, within its sole option, to be exercised by written notice to Lessor at least three (3) full calendar months prior to December 31, 2004, to renew this Lease on a month-to-month basis, for the same monthly rent, on same terms and conditions. 3. Ground Floor Elevator Access. As an additional consideration for this Lease, Lessor has secured and delivered, and Lessee acknowledges the delivery, of a ground floor entrance to the leased premises that will permit direct access to the rear elevator ofthe leased premises through the ground floor of the shopping center. As consideration for the delivery ofthis space, Lessee agrees to pay ONE THOUSAND ($1,000.00) DOLLARS per month for permission to use this space. Lessor warrants the elevator for the leased premises for the duration of this Lease. However, Lessee agrees to procure, at its cost and expense, a maintenance contract for the elevator. In the event, however, the elevator cannot be repaired under the maintenance contract, Lessor agrees, at its own expense, to repair and/or replace the elevator within thirty (30) days of notice to Lessor, by Lessee. If Lessor does not repair elevator, Lessee does not have to remit $1000 monthly payment. 2004 Addendum to RK Lease Attorney/General Page 1 of 2 Exhibit" A" SIB 4. Elevator/ADA Requirements. Lessor represents to Lessee that as ofthe date ofthis execution ofthis Addendum, the shopping center is in full compliance of all ADA requirements and shall continue to be in full compliance. 5. Repairs and Maintenance. a. Lessor shall keep the foundation, the outer walls and roof ofthe building in which the premises are located and the common areas ofthe shopping center, electrical system and plumbing system that come to the premises (no interior electrical or plumbing), except that Lessor shall not be called upon to make any repairs caused by the negligence of the Lessee, its agents or employees. b. Lessor warrants the HV AC unit for the leased premises for the duration ofthis Lease, however Lessee shall procure, at its cost and expense, a maintenance contract for the A/C units serving the Leased Premises. In any event, however any a/c unit cannot be repaired under the maintenance contract and exceeds $300.00, Lessor, at its own expense, agrees to repair and/or replace the A/C unit{ s) within ten (10) days of notice to Lessor by Lessee. In the event of a failure by the Lessor to repair or replace said A/C units, Lessee shall be permitted to make those repairs or replacements and offset from the rent those costs and expenses. c. During the term of the Lease, the Lessor shall be responsible for roof repairs and replacement thereof, as necessary, to keep same leak free and in watertight condition. In addition, during the entire term of the Lease, the Lessor, at its expense, shall correct all structural and other defects in the foundation, floor slab, roof and exterior walls of shopping center contained in the leased premises, except for damages caused by Lessee or its agents. AGREED TO this day of January, 2004 by: R. K. ASSOCIATES, INC. (Lessor) , General Partner WITNESSES: PRINT NAME: Jane A. Hines, City Clerk PRINT NAME: APPROVED AS TO FORM AND LEGAL SUFFICIENCY: b~ L M. Dannheisser, City Attorney 2004 Addendum to RK Lease Attorney/General Page 2 of 2 SIB