96-004 RESOLUTION NO. 96-04
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA APPROVING LEASE FOR
TEMPORARY OFFICE SPACE FOR THE CITY OF
AVENTURA AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, it is necessary for the City of Aventura to obtain
office space for the conduct of municipal operations on a temporary
basis, pending securing of a long-term location for the City's
municipal offices; and
WHEREAS, the City Council finds that suitable office space is
available on a temporary basis at 2750 Northeast 187th Street in
Aventura.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE MEMBERS OF
THE COUNCIL OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS:
Section 1. That the temporary lease of space consisting of
three offices located at 2750 Northeast 187th Street for office
facilities for the City of Aventura, as attached hereto, is hereby
approved, and the Mayor is authorized to execute a lease providing
for a one-month term for the month of April, 1996, (with the option
for up to two (2) 30-day extensions) at a monthly rental rate of
$1,500.00, once said lease is approved as to legal form and
sufficiency by the City Attorney.
Section 2. That the appropriation and payment of funds for
such office lease is hereby provided.
Section 3. That this Resolution shall become effective
immediately upon its adoption.
PASSED AND ADOPTED this 2nd day of April, ~1996.
ARTHUR SNYDE~, M ~YOR
ATTESt: //
VICE MAY~/~
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
ACTING CITY CLERK
- 2 -
LEASE AGREEMENT
THIS LEASE AGREEMENT (the .,Agreement") is made and entered
into as of this 1st day of April, 1996, by and between SCHWARTZ &
WEINSTEIN, P.A. (the "Lessor") and the CITY OF AVENTURA, a Florida
municipal corporation (the "Tenant").
1. DEMISE OF PREMISES. In consideration of the rents and
covenants contained in this Agreement and other good and valuable
consideration, the receipt and sufficiency of which is hereby
acknowledged by the parties, Lessor does hereby lease to Tenant and
Tenant does hereby lease from Lessor the first floor (containing
three (3) offices) of that certain office building located at 2750
N.E. 187th Street, Aventura, Florida 33180 including access to the
common areas of the office building and adequate parking as
designated by Lessor (colleCtively, the ,'Premises").
2. TERM; RENT. This Agreement shall be for a term of one
month commencing on April 1, 1996, and terminating'on April 30,
1996 (the "Term"). The rent for the Term shall be One Thousand
Five Hundred and 00/100 Dollars ($1,500.00) payable to Lessor upon
the commencement of the Term. Tenant shall have the option to
extend the Term for twO (2) additional one month Terms (i.e., May
and June, 1996) by providing Lessor with written notice of its
intent to extend the Term at least seven (7) days prior to the
expiration of the then current Term. Rent for each extension Term
shall be the same as the rent for the initial Term and shall be
payable to Lessor upon the commencement of the respective extension
Terra.
3. USE OF PREMISES. Tenant shall use the Premises for
general office use and other uses ancillary thereto.
4. SURRENDER OF PREMISES- Upon the expiration of the Term
(as such may be extended), Tenant shall quit and surrender the
Premises to Lessor, peacefully and without notice, in good order
and condition, subject only to ordinary wear and tear.
5. UTILITIES AND SERVICES. During the Term of this
Agreement, Landlord shall, at its expense, provide electricity,
water, air conditioning, janitorial services, and garbage
collection to the Premises. Tenant shall, at its expense, provide
telephone services to the Premises.
6. ALTERATIONS; MAINTENANCE. Tenant shall have the right to
install and maintain all equipment, furniture, furnishings and
other personal property necessary to conduct its business at the
Premises. Tenant shall be responsible for the maintenance and/or
loss of any of Tenant's personal property. During the Term of this
Agreement, Tenant shall maintain the Premises in good order and
condition. Lessor agrees that any personal property of Lessor
located in the Premises may be utilized by Tenant during the Term
of this Agreement.
7. QUIET ENJOYMENT. Upon paying the rent and fulfilling its
obligations under this Agreement, Tenant may peacefully and. quietly
have, hold and enjoy the Premises for the Term of this Agreement.
8. MISCF!.?J~NEOUS. This Agreement shall be governed by and
construed in accordance with the laws of the State of Florida.
Each party represents to the other that the execution and delivery
of this Agreement has been duly authorized by all necessary
corporate or other organizational action, as required. This
Agreement may only be modified or amended by an instrument in
writing signed by both parties. As required by Florida law, Lessor
hereby includes the following notification as part of this
Agreement:
"RADON GAS: Radon 'is a naturally occurring radio-
active gas that, when it has accumulated in a building in
sufficient quantities, may present health risks to
persons who are exposed to it over time. Levels'~f radon
that exceed federal and state guidelines have been found
in bu~ldings in Florida. Additional information
regarding radon and radon testing my be obtained from
your county public health unit."
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement as of the day and year first above written.
LESSOR: TENANT=
SCHWARTZ & WEINSTEIN, P.A. CITY OF AVENTURA, a Florida
municipal corporation
By: By:
Name: Bruce S. schwartz Arthur Snyder, Mayor
Title=
~atricia~gers-Libert,
Vice MayOr
APPROVED AS TO LEGAL FORM AND
SUFFICIENCY:
David M. Wolpin,
City Attorney
LEASE AGREEMENT
THIS LEASE AGREEMENT (the "Agreement") is made and entered
into as of this 1st day of April, 1996, by and between SCHWARTZ &
WEINSTEIN, P.A. (the "Lessor") and the CITY OF AVENTURA, a Florida
municipal corporation (the "Tenant").
1. DEMISE OF PREMISES. In consideration of the rents and
covenants contained in this Agreement and other good and valuable
consideration, the receipt and sufficiency of which is hereby
acknowledged by the parties, Lessor does hereby lease to Tenant and
Tenant does hereby lease from Lessor the first floor (containing
three (3) offices) of that certain office building located at 2750
N.E. 187th Street, Aventura, Florida 33180 including access to the
common areas of the office building and adequate parking as
designated by Lessor (collectively, the "Premises").
2. TERM; RENT. This Agreement shall be on a month to month
basis commencing on April 1, 1996. The monthly rent shall be One
Thousand Five Hundred and 00/100 Dollars ($1,500.00) payable to
Lessor upon the commencement of this Agreement and thereafter, in
advance, on the first day of each month.
3. TERMINATION.
3.1 Tenant, upon prior written notice, may immediately
terminate this Agreement at any time. Upon the date set forth in
such notice, this Agreement shall terminate and the parties shall
be relieved of all rights and obligations hereunder.
3.2 Tenant acknowledges Landlord's ongoing efforts to
sell the office building in which the Premises are located and the
necessity for Tenant to surrender and vacate the Premises upon the
sale of the office building. Landlord, upon prior written notice,
may immediately terminate this Agreement at any time. Upon the
date set forth in such notice (which shall not be less than sixty
(60) days from the date thereof), this Agreement shall terminate
and the parties shall be relieved of all rights and obligations
hereunder. In recognition of the damages Landlord may suffer in
connection with Tenant's failure to surrender and vacate the
Premises, if Tenant fails to surrender and vacate the Premises
following the expiration of the sixty (60) day period set forth in
Landlord's notice, Tenant shall pay to Landlord Two Hundred Fifty
Thousand and 00/100 Dollars ($250,000.00) as full and liquidated
damages for Tenant's failure to timely surrender and vacate~the
Premises. Rent for any holdover tenancy (following the expiration
of the sixty (60) day period set forth in Landlord's notice) shall
be Twenty-Five Thousand and 00/100 Dollars ($25,000.00) per month.
3.3 The parties hereby waive the application of Sections
83.01 through 83.03, inclusive, Florida Statutes, to this Agreement
and further acknowledge and agree that the provisions of this
Section 3 control the notice required for termination of this
Agreement.
4. USE OF PREMISES. Tenant shall use the Premises for
general office use and other uses ancillary thereto.
5. SURRENDER OF PREMISES. Upon the termination of this
Agreement pursuant to Section 3, Tenant shall quit and surrender
the Premises to Lessor, peacefully and without notice, in good
order and condition, subject only to ordinary wear and tear.
6. UTILITIES AND SERVICES. During the term of this
Agreement, Landlord shall, at its expense, provide electricity,
water, air conditioning, janitorial services, and garbage
collection to the Premises. Tenant shall, at its expense, provide
telephone services to the Premises.
7. ALTERATIONS; MAINTENANCE. Tenant shall have the right to
install and maintain all equipment, furniture, furnishings and
other personal property necessary to conduct its business at the
Premises. Tenant shall be responsible for the maintenance and/or
loss of any of Tenant's personal property. During the term of this
Agreement, Tenant shall maintain the Premises in good order and
condition. Lessor agrees that any personal property of Lessor
located in the Premises may be utilized by Tenant during the term
of this Agreement.
8. QUIET ENJOYMENT. Upon paying the rent and fulfilling its
obligations under this Agreement, Tenant may peacefully and quietly
have, hold and enjoy the Premises for the term of this Agreement.
9. MISCELLANEOUS. This Agreement shall be governed by and
construed in accordance with the laws of the State of Florida.
Each party represents to the other that the execution and delivery
of this Agreement has been duly authorized by all necessary
corporate or other organizational action, as required. This
Agreement may only be modified or amended by an instrument in
writing signed by both parties. As required by Florida law, Lessor
hereby includes the following notification as part of this
Agreement:
"RADON GAS: Radon is a naturally occurring radio-
active gas that, when it has accumulated in a building in
sufficient quantities, may present health risks to
persons who are exposed to it over time. Levels of radon
that exceed federal and state guidelines have been found
in buildings in Florida. Additional information.
regarding radon and radon testing may be obtained from
your county public health unit."
2
IN WI~E$$ ~EREOF, the parties hereto have executed this
Agreement as of the day and year first above written.
LESSOR: TENANT:
municipal corporate/on
By. By:
Name: B~ Arthur I. Sneer, Mayor
Title:
Teresa M. Smith
Acting City Clerk
APPRO~D AS ~ LEGAL FO~ MD
SUFFICIENCY:
David M. Wolpin,
City Attorney