98-030 RESOLUTION NO. 98-30
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY
MANAGER TO EXECUTE THE ATTACHED FIRST
MODIFICATION OF SHOPPING CENTER LEASE
AGREEMENT DATED NOVEMBER 26, 1996 FOR THE
POLICE STATION OPERATIONS; AND PROVIDING AN
EFFECTIVE DATE.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. The City Manager is hereby authorized to execute the attached
First Modification of Shopping Center Lease Agreement dated November 26, 1996 for
the police station operations by increasing the term of said lease.
Section 2. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by co,.~ssione]: ~§ee~-who moved its
adoption. The motion was seconded by Co---issio[].ez' Bolzbet~; , and upon being
put to a vote, the vote was as follows:
Commissioner Arthur Berger
Commissioner Ken Cohen
Commissioner Harry Holzberg ~-es
Commissioner Jeffrey M. Perlow yes
Commissioner Patricia Rogers-Libert 3,es
Vice Mayor Jay R. Beskin
Mayor Arthur I. Snyder
PASSED AND ADOPTED this 17th day of March, 1998.
ATTEST: /~ ~¥ ARTHUR I. SNYDER, MAYOR
CITY CLERK
APP~VED AS TO LEGAL SUFFICIENCY:
CITY~,TTORNI~Y
FIRST MODIFICATION OF SHOPPING CENTER AGREEMENT
~THIS FIRST ~4ODIFICATION TO LEASE AGREEMENT, made as of this ~c~ day of
199~' , by and between RRC FL FIVE~ INC., a Florida corporation, (hereinafter
~L~ndlord~) and THE CITY OF AVENTURA, a Florida municipal corporation (hereinafter 'Tenant').
WITNESSETH: That,
WHEREAS, Landlord and Tenant are parties to that certain Shopping Center Lease dated
November 26, 1996 covering certain premises (Unit 2960A, 5,200 square feet) in the Aventura
Shopping Center located in Aventura, Florida (herein the *Lease'); and,
WHEREAS, Landlord and Tenant wish to modify certain terms of the Lease effective as of
December 1, 1997.
NOW THEREFORE, in exchange for the mutual covenants and promises contained herein
and for other valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, Landlord and Tenant agree as follows:
The above recitals are hereby confirmed as true and correct and are reaffirmed
herein.
2 Addendum to Lease is hereby modified by adding the following article: #Article
31 - Option to Extend Tenant shall have the option, exercisable by written notice
to Landlord, by certified mail, given not later than four (4) months prior to the
expiration of the initial Term, to extend the Lease for a further term of up to
thirteen (13) months on the same terms and conditions as provided in the Lease,
except that:
(a) Landlord shall have no obligation to make any improvements to the Premises;
(b) Minimum Annual Rent for the extended term shall be as set forth below:
Months $ Per Square Foot Per Annum
1 ~ 13 $16.00
and
(c) There shall be no option to further extend the term.
The option to extend shall not be available to any assignee of Tenant (whether or not
permitted by the terms of the Lease) and may not be exercised if an event of default
exists or has existed during the Term of the Lease.
Notwithstanding the foregoing, this Option to Extend the Lease shall be deemed null
and void if one or more of the following has occurred:
(1) Tenant has been late in the payment of rent on three (3) or more occasions within
any twelve (12) month period. For this purpose, a payment shall be deemed to be
late if it is received by Land[ord after the second day of the month in which such
rent is due.
(2) Tenant is in default in the performance of any of its obligations under the Lease.
(3) T~na~t ha~ ~][~d t~ gi~ w~itten notice .Dy certified mail to Lancllord four (4)
months prior to the expiration of the initial term.
(4) The Lease has ever been assigned.~
Notwithstanding contained herein to the contrary, and simultaneously to Tenant's
notice of it's intend to exercise it's option, Tenant shall notify Landlord the length of
time that Tenant intends to extend the Lease term which extension may be up to 13
months and execute an agreement setting forth the time frame of the extended term.
3. Tenant hereby acknowledges that the Lease as modified is in full force and effect and
there are no violations or defaults under any of the provisions of the Lease on the part of
the Tenant.
4. In the event of conflict between the terms and conditions of this First Modification to
Lease Agreement and the Lease, ~his First Modification To Lease Agreement shall
control.
IN WITNESS WHEREOF, the parties have executed these presents as of the day and year
first above written.
Signed, sealed and delivered in the
presence of:
LANDLORD: RRC FL FIVE, INC.,
a Florida corporation
r~, ~ ~ I _¢"x _ By. !.~..~ ~..~=...~.v., J0,,,.,,A,~
Withes for Landlord Dated as to Landlord: ~ 5.q~
TENANT: THE CITY OF AVENTURA,
-"I ,/. , ,,~orida mun~oration
~/~/~
wimp, ¢0, Tenant Print Title: ~,/~ ~ ~ ~
Dated as to Tenant: ~ ~/~ ~¢ _