HomeMy WebLinkAboutCity of Tamarac Resolution R-2006-0421
Temp. Reso. #10914
March 10, 2006
Page 1
Revised: 03/14/06
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. 2006-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE
OFFICIALS TO EXERCISE THE FIRST AMENDMENT TO THE
EXISTING LEASE AGREEMENT BETWEEN THE CITY OF
TAMARAC AND RAMCO-GERSHENSON PROPERTIES, L.P.,
FOR SATELLITE CITY HALL AT SUNSHINE PLAZA IN
TAMARAC, FLORIDA, FOR AN ADDITIONAL THREE-YEAR
PERIOD; PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City has a lease Agreement with Ramco-Gershenson, Inc. for the
property known as Satellite City Hall located at Sunshine Plaza in Tamarac, Florida; and
WHEREAS, the Agreement authorized per Resolution R-99-193 (attached as
Exhibit 2) allowed the City to renew the contract for an additional three year period; and
WHEREAS, the City exercised that three-year renewal option on September 25,
2002 by Resolution 2002-270 (attached as Exhibit 3); and said lease expires on March 31,
2006; and
WHEREAS, Ramco-Gershenson, Inc., has provided lease space in accordance with
the terms of the Agreement; and
WHEREAS, The Director of Financial Services recommends that the City exercise
the first amendment of the lease agreement with Ramco-Gershenson, Inc. to provide lease
space for an additional period of three years; and
WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in
the best interests of the citizens and residents of the City of Tamarac to renew the lease
Agreement.
Temp. Reso. #10914
March 10, 2006
Page 2
Revised: 03/14/06
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA:
SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and
confirmed as being true and correct and is hereby made a specific part of this Resolution.
SECTION 2: The appropriate City officials are hereby authorized to accept
and execute the First Amendment to the September 10, 1999 Agreement between the City
of Tamarac, Florida and Ramco-Gershenson, Inc., for the C-100 space at Sunshine Plaza
in Tamarac providing for leasing space for an additional three year period effective April 1,
2006 through March 31, 2009, (attached as Exhibit 1).
SECTION 3: All resolutions or parts of resolutions in conflict herewith are
hereby repealed to the extent of such conflict.
SECTION 4: If any clause, section, other part or application of this Resolution
is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or
application, it shall not affect the validity of the remaining portions or applications of this
Resolution.
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SECTION 5:
passage and adoption
Temp. Reso. #10914
March 10, 2006
Page 3
Revised: 03/14/06
This Resolution shall become effective immediately upon its
PASSED, ADOPTED AND APPROVED this day of fflor± 2006.
ATTEST:
M RION SW NSON, CMC
CITY CLERK
I HEREBY CERTIFY that
I have approved this
RESOLUTION as to form.
BETH FLANSBAUM-TALABISCO
MAYOR
RECORD OF COMMISSION VOTE:
MAYOR FLANSBAUM-TALABISCO
DIST 1: COMM. PORTNER
DIST 2: COMM ATKINS-GRAD
DIST 3: COMM. SULTANOF
DIST 4: COMM. DRESSLER
UARES ORD\Resolutions\10000 Resolutions\10900-10999\10914 Reso-SCH lease.doc
H O N I GMAN
Laurence J. Schiff
(248) 566-8484
Honigman Miller Schwartz and Cohn LLP Fax: (248) 566-8485
Attorneys and Counselors Ischiff@honigman.com
Via FedEx
March 7, 2006
Mr. Chris Sammartino
City of Tamarac, Florida
7525 N.W. 88th Avenue
Room 100-Finance
Tamarac, FL 33321
Re: Sunshine Plaza
Tamarac, Florida
City of Tamarac, Florida
d/b/a City of Tamarac
Dear Chris:
Enclosed are five (5) copies of the proposed First Amendment to Lease, all of which
should be executed by Tenant, witnessed, notarized and returned to me as soon as possible.
The return to the undersigned or to Landlord of Tenant -executed copies of the enclosed
shall not be binding upon Landlord, notwithstanding any preparation or anticipatory reliance or
expenditures by Tenant or any time interval, until Landlord has in fact executed and actually
delivered a fully -executed copy thereof.
PLEASE CONTACT ME BEFORE MAKING ANY CHANGES TO THE
ENCLOSED DOCUMENTS. ANY CHANGE MADE WITHOUT MY PRIOR
APPROVAL WILL DELAY THE LANDLORD'S EXECUTION OF THE ENCLOSED
AND WILL RESULT IN A NEW SET OF DOCUMENTS BEING PREPARED AND
SENT TO YOU FOR RE -EXECUTION.
Please call me if you have any questions regarding the above or the enclosed.
Sinj;1✓rely,
La�enc . Schiff
LJS/cvb
Enclosures
c: Lee K. Brody (via email)
Chris Norat (via email)
0AK1..ANll.1039265.1
38500 Woodward Avenue • Suite 100 • Bloomfield Hills, Michigan 48304-5048
Detroit • Lansing • Oakland County
EXHIBIT 1
FIRST AMENDMENT TO LEASE
THIS FIRST AMENDMENT TO LEASE, dated the Ap day of �
2006, is made between RAMCO-GERSHENSON PROPERTIES, L.P., a Delaware limited
partnership, whose address is 31500 Northwestern Highway, Suite 300, Farmington Hills,
Michigan 48334 ("Landlord"), and CITY OF TAMARAC, FLORIDA, a Florida municipal
corporation, whose address is 7525 N.W. 88`h Avenue, Room 100-Finance, Tamarac, Florida
33321 ("Tenant").
WITNESSETH:
WHEREAS, Landlord, as Landlord, and Tenant, as tenant, entered into a lease dated
September 10, 1999 ("Lease"), covering certain premises located in the retail shopping center
development known as Sunshine Plaza, in Tamarac, Florida; and
WHEREAS, Landlord and Tenant wish to extend the term of the Lease on the terms and
conditions hereinafter set forth.
NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of
which are acknowledged hereby, the parties hereto hereby agree as follows:
1. The term. of the Lease hereby is extended for a period of three (3) years, ending
on March 31, 2009. It is understood and agreed that there is no presently existing right to extend
the term of the Lease beyond March 31, 2009,
2. Notwithstanding anything to the contrary contained in the Lease, the annual rental
payable pursuant to Paragraph 5 of the Lease:
(a) for the one (1) year period commencing on April 1, 2006, shall be
$44,676.00 ($3,723.00 per month);
(b) for the one (1) year period commencing on April 1, 2007, shall be
$46,760,88 ($3,896.74 per month); and
(c) for the balance of the term of the Lease (ending on March 31,
2009), shall be $47,406.20 ($3,950.52 per month).
3. Effective with respect to the period commencing on April 1, 2006, the provisions
of Sub -part g) of the Introductory Provisions of the Lease which provide for increases in rent
based on CPI, hereby are deleted from the Lease.
4, The Lease, as herein amended, hereby is ratified and confirmed by the parties
hereto and shall remain in full force and effect.
5. This First Amendment to Lease shall be binding upon and inure to the benefit of
the parties hereto and their respective successors, successors in interest and assigns.
IN WITNESS WHEREOF, the parties hereto have hereunto set their hands as of the
day and year first above written.
WITNESSES:
cc
RAMCO-GERSHENSON PROPERTIES, L.P.,
a Delaware limited partnership
By: Ramco-Gershenson Properties Trust,
a M�ryland real estate investment trust
Its Q�eneral Partner
Its: . pRFSIDElt & CEO
By.
SENIOR VICE PRESIDENT
ASSET MANAGEMENT
"Landlord"
CITY OF TAMARAC, FLORIDA,
a Florida municipal corporation
Mayor
By:
City Manager
"Tenant"
ACKNOWLEDGMENT OF LANDLORD
STATE OF MICHIGAN )
) ss.
COUNTY OF OAKLAND )
On this 1_ day of 1P(24L� c2006, before me personally appeared
.. �F. 06 So&W1oti1 and Ir[;�l►cfZ �a,V , to me personally known,
who, being by me duly sworn, did say that they are, respectively, the and
_!�20 A. -Sir �M rof Ramco-Gershenson Properties Trust, a Maryland real estate
investment trust, the general partner of Ramco-Gershenson Properties, L.P., a Delaware limited
partnership, and that said instrument was signed in behalf of said limited partnership and said
signatories acknowledged before me said instrument to be the free act and deed of said limited
partnership.
OHRIS APRME
NOTARY PUMJC. STATE OF MI
COUNTY OF OAKLAND
my COMMISSION EXPIRES Aug 11, 2012
ACTING IN OOUNTY OF Q
Print Name: �2S �cPpI.GLS �C_
Notary Public, State of Michigan
County of C
My Commission Expires:/1- i 2-
Acting in the County of
2
ACKNOWLEDGMENT OF TENANT
STATE OF f,ariJ c. )
) ss.
COUNTY OF Brnward. )
Q On this � day of 2006, before me personally appeared
and 1 r to me
personally known, who, being by me duly sworn, di each for himself say that they are,
respectively, the mosto and
of City of Tamarac, Florida, a lorida,municipal corporation, the corporation named in and
which executed the within instrument, and that the seal affixed to said instrument is the corporate
seal of said corporation, and that said instrument was signed and sealed in behalf of said
corporation by authority of its board of directors and said
and mnnaq��(.,_„_.. acknowledged before me said instrument to be the
free act and deed of said corporation.
OAKLAND.1039269.1
Marion serpt"
� g My Comm"" D02wm
...d� Expires Ockkw 24. 2007
Print Name: 4_
Notary Public, State of
County of
My Commission Expires:
Acting in the County of row
3
Exhibit 2
Temp. Reso. 10914
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. / ? 3
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY
OFFICIALS TO EXECUTE A LEASE AGREEMENT WITH RAMCO-
GERSHENSON INC. FOR THE LOCATION OF SATELLITE CITY
HALL AT SUNSHINE PLAZA IN TAMARAC; AUTHORIZING
ADDITIONAL RESOURCES IN PERSONNEL AND OPERATING
EXPENDITURES TO MEET LEASE REQUIREMENTS; PROVIDING
FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City, Commission approved funding for the creation of a Satellite
City Hall in the 1999 Midyear Budget; and
WHEREAS, the Satellite City Hall is designed to enhance accessibility to
municipal services and programs for residents who reside on the East -side of Tamarac;
and
WHEREAS, the proposed floor plan for Satellite City Hall will include a utilities bill
payment station, workstations for city staff, conference room for public meetings,
restroom/kitchen facilities and storage area; and
WHEREAS, the City Commission selected the C-100 (2,482 square foot) space
at Sunshine Plaza Tamarac, Florida as the site for Satellite City Hall and authorized City
staff to negotiate a lease agreement with the property owner; and
WHEREAS, City staff has substantially completed the lease agreement
negotiations with the property owner, Ramco-Gersenson Inc., to lease a 2,482 square
foot space located at Sunshine Plaza; and
1
Temp. Reso. #8685 July 8, 1999
Revision #4 July 13, 1999
WHEREAS, the City of Tamarac drafted and forwarded to Ramco-Gersenson
Inc. provisions for a three (3) year lease agreement for the Satellite City Hall to be
located at Sunshine Plaza; and
WHEREAS, the City of Tamarac would like to provide for a more timely execution
of a lease agreement with Ramco-Gersenson Inc. for the Sunshine Plaza lease space
by providing the City Manager and the City Attorney the ability to make minor revisions
to the attached agreement provided the agreement remains in substantially the same
form; and
WHEREAS, the Assistant City Manager recommends that the City Commission
approve the preliminary terms of the lease agreement and authorize appropriate City
officials to execute a three (3) year lease agreement for the C-100 space located at
Sunshine Plaza in Tamarac, Florida; and
WHEREAS, the City Commission of the City of Tamarac, Florida, deems it to be
in the best interest of the citizens and residents of the City of Tamarac to streamline
procedures for executing a lease agreement with Ramco-Gersenson Inc. for the C-100
space located at Sunshine Plaza in Tamarac.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA:
SECTION 1: The foregoing "WHEREAS" clauses are ratified and confirmed as
being true and correct and are HEREBY made a specific part of this Resolution.
SECTION 2: The appropriate City Officials are hereby authorized to execute a
three (3) year lease agreement with Ramco-Gersenson Inc. for the C-100 space at
Sunshine Plaza in Tamarac in substantially the same form as the agreement attached
hereto as Exhibit A, subject to such revisions as negotiated and approved by the City
Manager, and reviewed for legal sufficiency and approved by the City Attorney.
Temp. Reso. #8685 July 8, 1999
Revision #4 July 13, 1999
SECTION 3: Continuation of the lease each year of the agreement shall be
subject to a yearly determination by the City Commission to allocate funds: lease shall
be terminated if the City Commission chooses not to allocate funds.
SECTION 4: Additional resources in personnel and operating expenditures to
meet lease requirements are hereby authorized to allow staffing of the facility up to 40
hours weekly.
SECTION 5: All resolutions or parts of resolutions in conflict herewith are hereby
repealed to the extent of such conflict.
SECTION 6: If any clause, section, other part or application of this Resolution is
held by any court of competent jurisdiction to be unconstitutional or invalid, in part or
application, it shall not affect the validity of the remaining portions or applications of this
Resolution.
SECTION 7: This Resolution shall become effective immediately upon its
passage and adoption.
Temp. Reso. #8685 July 8, 1999
Revision #4 July 13, 1999
1
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Ll
PASSED, ADOPTED AND APPROVED thisbday of 1999.
ATTEST:
(�L�
CAROL GOLD, C/AAE
CITY CLERK
I HEREBY CERTIFY that I have
w6ravedlthis RESOLUTION -as
MIT( `HELL S. KN
CITY ATTORNEY
RECORD OF COMMISSION
MAYORSCHREIBER
DIST 1: COMM. MUM
DIM. V MISH
DIST 3: COMMAI
rm. DIST 4: M
F 'mot 4rKSM--CIIY417 TAMARAC FLORIDA
INDEX
SUBJECT
A.D.A, COMPLIANCE
PARAGRAPH NO.
ADDITIONAL FEES
49
AFFIRMATIVE COVENANTS -Tenant
37
ALTERATIONS
14
ASSIGNING, MORTGAGING, SUBLETTING
13
AUTHORITY
24
BROKERS
46
CAPTIONS
39
CHOICE OF LAW
42
CONDEMNATION
47
CONSTRUCTION, ADDITIONAL
34
DAMAGE TO PREMISES
33
DEFAULT
19
Events of
Rights of Landlord
27
EXCULPATION
28
FINANCING AGREEMENT
41
IMPROVEMENTS
29
INSURANCE
50
INDEMNIFICATION, PUBLIC LIABILITY
10
INSURANCE AND OTHER INSURANCE
JOINT OBLIGATION
21
LENGTH OF TERM
44
MECHANICS LIENS
3
MODIFICATION
20
NEGATIVE COVENANTS -Tenant
43
NON -LIABILITY OF LANDLORD
15
NOTICES
12
OPERATING COSTS
35
PREMISES
7
Use of
1
QUIET ENJOYMENT
4
RENT
38
RADON GAS
5A
REPAIRS
48
RIGHTS -Landlord
11
SALES TAX REPORTS
18
SCOPE & INTERPRETATION OF THE AGREEMENT
17
SECURITY DEPOSIT
4
SECURITY INTEREST
6
6
SIGNS
30
SUBORDINATION
16
SUCCESSORS AND ASSIGNS
25
SURRENDER AND HOLDING OVER
36
32
Updated 08/23/99 - Revision #9
r . , t
TAXES
9
TENANTS COVENANTS
26
TERM AND POSSESSION, COMMENCEMENT OF
2
TIME IS OF THE ESSENCE
45
TRADE FIXTURES
23
UP -PITTING OF PREMISES
51
UTILITIES
g
WAIVER
31
WAIVER OF CLAIMS
22
Updated QM3/99 - Revision #9
t . ,t
LEASE
THIS LEASE made this day of 10. 1999, by and between Ramco-Gershenson Properties, L.P. a Delaware
Limited Partnership, with principal offices at 27600 Northwestern Hwy, Suite 200, Southfield, Michigan 48034 hereinafter
referred to as "Landlord" and City of Tamarac, Florida, a Florida Municipal Corporation, with principal offices at
7525 NW 881' Avenue, Tamarac, FL 33321, hereinafter referred to as "Tenant".
INTRODUCTORY PROVISIONS
a) Tenant's Trade Name: City of Tamarac
b) Main Term: Approximately Three (3) Years Commencing Upon
completion of Tenant Improvements. Landlord and Tenant shall
execute a mutually acceptable confirmation of the
commencement date.
c) Tenant Space Number: C-100
d) Premises: _2 482 square feet
e) Tenant's Interior Improvements: Landlord will provide build out of Tenant space as per permitted
plans without out charging any management fee. Landlord
construction contribution includes new HVAC System and new
fagade.
f) Tenant's Construction Period:
g) Maximum Rent:
h) Percentage Rent:
Rent Commencement Date:
j) CAM Commencement Date:
Updated 08/23/99 - Revision *9
N/A
ANNUAL MONTHLY '
1 ST YR. $26,061.00 $2,171.75
Note: The maximum rent is based on $10.50 per square foot. Each year, the
maximum rent shall be increased by the percentage increase in the
US Consumer Price Index (CPI) at the start of such year over the CPI on the
commencement of the term, provided that no such annual adjustment shall
increase maximum rent by more than 3% of the maximum rent in effect
immediately preceding the effective date of such adjustment. Commencing
on the date the building crosshatched on Exhibit A is demolished, the
maximum rent per square foot will increase to $13.50, as increased from the
commencement of the term on the same basis as is provided for in the
preceding sentence. The lease is renewable for 3 years with maximum rent
in effect (pursuant to the foregoing) immediately preceding such renewal period
increased by 3 percent or by the CPI per year, on a compounded basis, from
the commencement of the 31d year of the initial 3 year term whichever is less.
(i) 90 days after the date of this Lease, or (ii) the date construction of Tenant
Improvements is completed, whichever is later.
Upon Completion of Tenant Improvements
k) Security Deposit: No security deposit will be required.
Other Sums Payable:
m) Use Summary:
Updated 08/23/99 - Revision #9
Est. Florida Sales Tax N/A
Est. Real Estate Tax $ 148.92 monthly
Est. Insurance and Est. Common Area Maintenance $ 167.54 monthly
(Sales tax will be payable as required by State of Florida on all
additional rent, IF APPLICABLE such as C.A.M., Real Estate
Tax reimbursement. Insurance and all other charges so set forth
in this Lease.)
Operation of the office of Satellite City Hall
(THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK)
PREMISES:
Landlord leases to Tenant and Tenant rents from Landlord those certain premises having a gross Ieaseable
area Space C-100 of approximately 2,482_square feet (hereinafter referred to as "the Premises")
located at 4241 W. Commercial Blvd., Tamarac, Florida 33319, as described in Exhibits A and B attached
hereto and incorporated herein, City shall have the right to use, on a non-exclusive basis, in common with
others, portions of the Common Areas and Facilities designated from time to time by Landlord for common
use.
The parking areas, sidewalks, roadways, loading areas, service areas, loading docks, ramps,
canopies, roofs, landscaped areas, sprinklers, lighting facilities, and such other portions or components of
the Shopping Center designated by Landlord from time to time for the non-exclusive use and/or benefit of
occupants of the Shopping Center, including City and their employees, agents and customers, are herein
sometimes referred to as: Common Areas and Facilities. For purposes hereof and Paragraphs 7 and 9
below, the term "Shopping Center" shall be deemed to include any land upon which offsite utility systems,
retention ponds, wetlands and/or off -site private roads serving the shopping center are located with all
improvements situated thereon. Landlord shall have the right, from time to time, to modify, change, alter,
add to and delete from the Common Areas and Facilities provided any such modifications, changes,
alterations, additions, or deletions do not have a material adverse effect on Tenant's use of the premises.
Further, Landlord shall have the right, from time to time, to establish, modify, change, after, add to and
delete from rules and regulations pertaining to the use, operation and maintenance of the Common Area
and Facilities. Such rules and regulations may include restrictions on the parking of tenants and their
employees requiring parking in designated parking areas and precluding parking in other parking areas.
Further, Landlord reserves the right to utilize the lighting standards and other areas in the parking lot for
advertising purposes.
The City shall have the right to install five (5) "City of Tamarac Parking Only" signs in five (5) parking
spaces in the immediate vicinity of the leased premises, the exact location of which spaces and the size,
design, exact location and method of installation of which signs shall be subject to the Landlords prior
written approval thereof, which will not be unreasonably withheld. Tenant must maintain signs and remove
signs upon termination of lease.
COMMENCEMENT OF TERM AND POSSESSION:
A. The term shall commence as Provided for in sub- art i on Page 3 of this lease. Landlord
and Tenant shall execute a mutually acceptable confirmation of the commencement date. Tenant shall,
upon request of Landlord, execute and deliver to Landlord a written declaration in recordable form stating
and insuring the commencement and termination date thereof and certifying that the Lease is in full force
and effect and there are no defenses or offsets thereto or stating those claimed by Tenant.
B. By occupying the Premises, Tenant shall be deemed to have accepted the Premises and to
have acknowledged that the Premises are in the condition required by this Lease.
LENGTH OF TERM:
The term of this Lease shall be for approximately three ( 3 ) years following the commencement
date and expiring at 11:59 p.m. on the last day of the three (3) year term. No relocation will be required
during the first three ( 3 ) years of the lease, If the term of this Lease would terminate mid -month, then the
term shall continue to and including the last day of the calendar month in which termination would have
otherwise occurred, unless sooner terminated or extended as Hereinafter provided,
The sum of $2,171,75 representing one months' rental at the signing of this Lease, which sum shall
be credited toward the first month's rent payable under the terms of Paragraph 5A of this Lease, receipt of
which is hereby acknowledged, shall be non-refundable and shall be retained by Landlord as consideration
for the execution of this Lease in the event that Tenant should cancel or default under the terms of this
Lease.
Updated 08/23/99 - Revision #9
This Agreement shall remain in full force and effect only as long as the expenditures provided for in
the Agreement have been appropriated by the City Commission of the City of Tamarac in the annual budget
for each fiscal year of this Agreement, and is subject to termination based on lack of funding, provided that
Tenant shall give Landlord not less than 30 days prior written notice of any such termination, Upon
termination by the Tenant based on lack of funding pursuant to the foregoing,_Landiord shall provide a
novation to Tenant, fully releasing Tenant of all obligations under this lease.
Tenant shall have the right, if it is not in default under the terms of this Lease, upon giving Landlord
not less than nine (9) months advance written notice by U.S. certified mail, return receipt requested, to
extend the term of this Lease for one (1) additional three (3) year period, on the same terms and conditions
and at the rentals set forth herein. Any such agreement shall be in writing and signed by the parties hereto.
USE OF PREMISES:
Tenant shall use the Premises solely for the purpose of the operation of municipal offices.
5. RENTAL:
A. MAXIMUM RENTAL. Tenant covenants and agrees to pay Landlord the maximum annual
rental provided for in Sub -part (g) on Page 3 of this Lease, plus sales tax if applicable or any other charge
which may be made on the rental by any federal, state or local governmental authority, unless Tenant is
exempt from payment of such sales taxes or other charges, payable in equal monthly installments without
notice, deduction or set -offs, on the first day of each calendar month during the term hereof. Such
maximum rent shall commence to accrue upon commencement of term as provided in Paragraph 2, said
date being herein sometimes referred to as the "Rental Commencement Date". The first rental payment
date hereunder shall be the first day of the first calendar month following the Rental Commencement Date
and shall include, in addition to one full month's advance rent, a prorated amount applicable to the period
from the Rental Commencement Date to such rental payment date. Notwithstanding the foregoing, if the
Rental Commencement Date is the first day of a calendar month, in that event, the first full month's advance
rent shall be due and payable
B. SECURITY DEPOSIT: No Security deposit will be required
7. OPERATING COSTS:
A. For the purpose of this Paragraph 7, "Landlord's Operating Cost" shall mean all costs of,
including appropriate reserves for, operating, managing, administering, repairing, replacing, improving,
equipping, supplying, policing, lighting, cleaning, and maintaining the Shopping Center and the Common
Areas and Facilities, including without limitation and by way of example, landscape maintenance: cleaning,
sweeping, striping, repairing and resurfacing parking areas; hazard, casualty and employee -related
insurance- trash, rubbish and refuse removal; pest and rodent control; security; traffic regulation; advertising
and promotion; water, sewer, electrical and other direct or indirect utility charges; storm water retention;
rental of or depreciation on machinery and equipment used for repairs, and maintenance; compensation paid
to, and other expenses of, personnel participating in operation including, without limitation, payroll taxes,
social security and fringe benefits; police, traffic control and security related services; management fees;
and an administrative charge equal to fifteen percent (15%) of Landlord's Operating Cost.
B. In each Lease Year, Tenant will pay to Landlord, as additional rent hereunder, such
proportion of Landlord's Operating Costs as the gross leasable floor area of the Premises bears to gross
leasable ground floor area of all of the buildings of Landlord in the Shopping Center, which may increase or
decrease from time to time.
C. The annual charge shall be computed on the basis of the calendar year unless otherwise
agreed to by Landlord and Tenant in writing, and shall be paid by the Tenant in equal monthly installments,
in advance on the first day of each calendar month, in an amount estimated by Landlord. Within ninety (90)
days after the end of each calendar year, Landlord will furnish to Tenant a statement showing, in
Updated 08/23/99 - Revision #9
., t
reasonable detail, the amount of Landlord's Operating Costs for the preceding calendar year and there shall
be an adjustment between Landlord and Tenant, with payment to or repayment by Landlord, as the case
may require, in order that the Landlord shall receive the entire amount of the Tenant's annual proportionate
share for such period. Thereafter, Landlord shall estimate the monthly payments to be made by the Tenant
for the ensuing year, based upon Landlord's Operating Costs budgeted for the ensuing year, and the
Tenant shall be obligated to make such adjusted monthly payments to the Landlord as aforesaid, Any
changes in applicable floor areas shall result in corresponding pro-rata adjustments. Tenants portion of the
operating costs shall increase no more than 3 percent or equal the Increase in the Consumer Price Index
(CPI), per year (on a compounded basis) whichever is less. The estimated proportionate share of
Landlord's Operating Costs, including Insurance premiums, for calendar year 1999 shall be $ 167.54 per
month plus $ 148.92 per month for real estate taxes. The annual charge for the calendar year in which
the lease term begins and ends shall be prorated accordingly.
PUBLIC UTILITIES:
In addition to all rentals herein specified, Tenant shall pay for all utilities (Electric, Water and
Telephone), utility impact fees and additional user fees used or Consumed in or upon the Premises,
whether fumished by Landlord or the applicable utility or refuse disposal company, and all sewer charges,
as and when the charges therefore shall become due and payable, and Tenant shall pay any garbage or
trash collection fee imposed by any governmental authority. Landlord shall incur no liability to Tenant in the
event that any utility, including but not limited to telephone, gas, electricity or water, becomes unavailable
from any source or supply or for any reason not within Landlord's reasonable control.
9. TAXES: if applicable
It is understood that the Tenant is a governmental entity exempt from taxes, including taxes that are
general and special, extraordinary and ordinary, foreseen and unforeseen, and/or levied, assessed,
imposed, become due and payable or liens upon, or arise in connection with the use, occupancy or
possession of, or become due and payable out of or for the entire Shopping Center or any part thereof, and
any land, buildings or other improvements therein, including interest on installment payments and all costs
and fees, including attorney's fees, incurred by Landlord in contesting taxes, assessments and/or
negotiating with public authorities with respect to the same.
Notwithstanding the foregoing, Tenant agrees to contribute, as part of its monthly rent, a
proportionate share of taxes as provided in Paragraph 7 (C) of this Lease in the amount of $148,92 per
month. Tenant's proportionate share of any each tax assessment and general and special assessments
applicable to the Leased Premises shall be calculated by multiplying the real estate taxes assessment and
general and special assessments for the year then under consideration by a fraction, the numerator of
which shall be the number of gross leasable floor area of the Premises, and the denominator of which shall
be the floor area of all leasable space in the Shopping Center included in the assessment on which the
subject real estate taxes were calculated by the taxing authority.
It is understood that tax assessments may increase yearly,
The Landlord shall pay all taxes that may be levied, assessed or imposed by the lawful tax
authorities against the land, buildings, or other improvements in the Shopping Center.
10. INSURANCE:
The Landlord will pay in the first instance all premiums for fire, flood, wind storms, extended
coverage and liability casualty insurance upon the Shopping Center containing the Premises. Tenant shall
pay that portion of said premiums equal to the product obtained by multiplying said amount by a fraction the
numerator of which shall be the gross leasable floor area of the Premises and the denominator of which
shall be the gross floor area of all leasable space in the Shopping Center. Tenant shall pay such insurance
Premiums in twelve (12) equal installments as additional rent on the first of each month. An insurance
Premium bill submitted by Landlord to the Tenant shall be sufficient evidence of the amount of premium
Updated 08/23/99 - Revision #9
1 4 1
required to be paid. Landlord shall have all the remedies for the collection of Tenant's share of real estate
taxes, common area maintenance charges and insurance premiums as are provided the Landlord under the
terms of this Lease for the collection of rent. The initial estimated proportionate share of insurance
premiums for the first Lease Year shall be included in common area maintenance,
11. REPAIRS:
Landlord will keep the foundation, exterior walls and roof of the Premises, excepting any work done
by Tenant and any glass or doors, in proper repair, provided that in each case, Tenant shall have given
Landlord prior written notice of the necessity of such repairs. The cost of such repairs performed by
Landlord shall be included in the Landlord's Operating Cost set forth in Paragraph 7A of this Lease. Tenant
will keep the interior of the Premises, together with all fixtures and all electrical, plumbing, heating, air
conditioning and other mechanical installations whether located within or on the roof of the Premises, all
doors, and all plate glass and door and window glass, in good order and proper repair at its own expense,
using materials and labor of kind and quality equal to the original work, and will surrender the Premises at
the expiration or earlier termination of this Lease in as good order and proper repair as when received,
excepting only deterioration caused by ordinary wear and tear and damage by fire or other casualty of the
kind insured against in standard policies of fire insurance with extended coverage. Tenant shall be
responsible for Inspecting, adjusting, cleaning and repairing the heating, ventilating and air conditioning
equipment which services the premises, including changing filters on a quarterly basis. Except as herein
above provided, Landlord shall have no obligation to repair, maintain, alter or modify the Premises or any
part thereof, or any plumbing, heating, electrical, air conditioning or other mechanical installation located
above floor slab or on the roof of the Premises. Under no circumstances shall Landlord be obligated to
repair, replace or maintain any plate glass or door or window glass. Notwithstanding the foregoing,
Landlord acknowledges its obligation to maintain general plumbing and electrical systems external to the
premises in proper working order.
In addition to the foregoing, the Tenant shall be responsible for any damage to the roof or air
conditioning system arising or resulting from the Tenant's maintenance of said air conditioning system or
from any entry by Tenant on the roof (which entry shall, in any event, be only with Landlord's prior consent
which will not be unreasonably withheld, provided that Tenant may access the roof for emergency repair,of
the HVAC system provided the Landlord is concurrently noticed of said repair). The Tenant shall not install
any equipment, which exceeds the capacity of the utility lines leading Into the Leased Premises where the
building of which the Leased Premises constitute a portion.
If Tenant refuses or neglects to repair property as required hereunder, and to the reasonable
satisfaction of Landlord as soon as reasonably possible after written demand, Landlord may make such
repairs. Tenant shall pay as additional rent Landlord's costs for making such repairs plus fifteen percent
(15%) representing overhead and administration upon presentation of invoice. In the event that the
Landlord shall undertake any maintenance or repair in the course of which it shall be determined that such
maintenance or repair work was made necessary by the negligence or willful act of Tenant or any of its
employees or agents or that the maintenance or repair is, under the terms of this Lease, the responsibility of
the Tenant, the Tenant shall pay Landlord's costs therefore plus overhead as provided in this Section.
Subject to Paragraph 22B below, Landlord shall be liable for any damages caused by Landlord's
negligence.
12, NON -LIABILITY OF LANDLORD:
All property belonging to Tenant or any occupant of the Leased Premises or Shopping Center shall
be on such premises at the risk of the Tenant or such other person only, and the Landlord shall not be liable
for any damage thereto or theft, destruction, or misappropriation thereof. Landlord shall not be responsible
for any damage whatsoever suffered by the Tenant arising from or relating to any change of existing laws,
ordinances or governmental regulations. Subject to Paragraph 22B below, Landlord shall be liable for the
negligent act of its agents, employees, servants, and independent contractors.
Updated 08/23/99 - Revision #9 8
13. TENANT'S RIGHT TO MAKE ALTERATIONS:
Tenant covenants and agrees that it will not make any alterations, improvements or additions to the
Premises during the term of this Lease or any extension thereof without first obtaining the written consent of
the Landlord. Tenant will not cut or drill into, or secure any fixture, apparatus or equipment of any kind to
any part of the Premises without first obtaining the written consent of the Landlord. All alterations,
improvements and additions made by Tenant as aforesaid shall remain upon the Premises (subject to
written agreement during tenant improvements) at the expiration or earlier termination of this Lease and
shall become the property of Landlord, unless Landlord shall, prior to the termination of this Lease, have
given written notice to Tenant to remove same, in which event, Tenant shall remove such alterations
improvements and additions and restore the Premises to the same good order and condition in which it was
at the commencement of this Lease. Should Tenant fail to do so, Landlord may do so, collecting, at
Landlord's option, the cost and expense thereof from the Tenant as additional rent.
14. AFFIRMATIVE COVENANTS OF TENANT: Tenant agrees:
A. To comply with any and all statutes, laws, ordinances, regulations and other requirements
of all public authorities applicable to Tenant or its use of the Premises and to be responsible for paying any
penalties, fines, costs, expenses or damages resulting from failure to do so.
B. To give to Landlord prompt written notice of any accident, fire, burglary, theft, or damage
occurring on or to the Premises.
C. That all loading and unloading of goods shall be restricted to the rear of the Shopping
Center and only at such times in the areas and through such entrances as may be designated for such
purpose by the Landlord. Trailers or trucks shall not be permitted to remain parked overnight in any areas
of the Shopping Center, whether loaded or unloaded.
D. To keep all garbage and refuse in the kind of container specified by Landlord and to place
the same outside of the Premises, prepared for collection in the manner and at the times and place(s)
specified by Landlord and in accordance with municipal and other reasonable regulations specified by
Landlord.
E. To keep the outside areas immediately adjoining the Premises clean and not to bum, place
or permit any rubbish, obstruction or merchandise In such areas.
F. To keep Premises and adjoining areas clean, orderly, sanitary and free from objectionable
odors and noises, and from insects, vermin and other pests. The Tenant shall be responsible for vapor
proofing and ventilating the Premises against such odors and for soundproofing against objectionable
noises.
G. To require Tenant's employees to park their cars only in those portions of the parking area
designated for that purpose by Landlord.
H. To conduct its business in the Premises in all respects in a dignified manner and in
accordance with high standards of store operation.
I. To comply with all rules and regulations promulgated by Landlord as Landlord, and
generally applicable to the tenants in the shopping center, in its sole discretion, shall deem necessary in
connection with the Premises or the Shopping Center, including the installation of such fire extinguishers
and other safety equipment as the Landlord may reasonably require, All such rules and regulations shall be
applied in a non-discriminatory manner.
J. Tenant shall keep the Premises and the improvements thereon at all times during the term
hereof free of Mechanic's and Material men's Liens and other liens of like nature and shall be responsible
for paying such liens, claims and other costs and expenses (including but not limited to costs and expenses
Updated 08/23/99 - Revision #9 9
incurred by Landlord) arising out of or as a result of any such lien or claim_ Tenant shall not subject any
interest of Landlord to Mechanic's or Material men's Liens for improvements made by Tenant on the
improvements and Tenant shall notify any contractor, subcontractor or supplier making any such
improvements or supplying goods and materials to the premises that no lien may attach to the Landlord's
interest in the Premises. A copy of such, notice shall be sent to Landlord. Landlord may record a
memorandum of this Lease in the public records. In the event a lien is filed against Landlord's interest in
the Premises, Landlord, at its option, may pay all or any part of such lien or claim, and any such payments,
together with interest thereon at the rate of 8% per annum from the time of such payment by Landlord until
repayment by Tenant, shall be paid by Tenant as additional rent upon demand, and if not so paid, shall
continue to bear interest at the aforesaid rate until paid in full.
K. To be open at the Premises a minimum of 20 hours per week.
15, NEGATIVE COVENANTS OF TENANT:
Tenant agrees that it will not do any of the following without the prior consent In writing of Landlord:
A. Use or operate any machinery that, in Landlord's opinion, is harmful to the building or
disturbing to other tenants in the building of which the Premises is a part; nor shall Tenant use any loud
speakers, television, phonographs, radios or other devices in a manner so as to be heard or seen outside of
the Premises, nor display merchandise on the exterior of the Premises either for sale or for promotion
purposes.
B. Do or suffer to be done, any act, matter or thing objectionable to the casualty insurance
companies whereby the fire insurance or any other insurance now in force or hereafter to be placed on the
Premises or any part thereof, or on the building of which the Premises may be a part, shall become void or
suspended, or whereby the same shall be rated as a more hazardous risk than at the date when Tenant
receives possession hereunder. In case of a breach of this covenant, in addition to all other remedies of
Landlord hereunder, Tenant agrees to pay to Landlord as additional rent any and all increase or increases
of premiums on insurance carried by Landlord on the Premises, or any part thereof, or on the building of
which the Premises may be a part, caused in any way by the occupancy of Tenant.
C. Attach any awning, antenna or other projection to the roof or the outside walls of the
Premises or the building of which the Premises are a part.
D. Conduct any auction, fire, bankruptcy or selling -out sale on or about the Premises.
E. Conduct any business activity which conflicts with the "exclusive use" clauses of Publix
and/or Eckerd's or any other exclusive in the Shopping Center.
F. Tenant shall not unlawfully generate, store, treat, dispose of, install, or otherwise use, any
hazardous substances on, in, under, or in any way related to the premises or any other portion of the
Shopping Center, or cause or unlawfully permit any such generation, storage, treatment, disposal,
installation or other use with respect thereto. Tenant shall be fully responsible for any liability, damage, cost
and expense (including but not limited to any suffered by Landlord) arising out of Tenants failure to fully
comply with the terms and provisions of this section. "Hazardous Substances" means and includes any of
the substances, materials, elements, or compounds that are contained in the list of hazardous substances
adopted by the United States Congress or the EPA or any substances, materials, elements or compounds
affected by any other federal, state or local statute, law, ordinance, code, rule, regulation, order, or decree
now, or at any time hereafter in effect, regulating, relating to, or imposing liability or standards of conduct
concerning, any hazardous, toxic, dangerous, restricted or otherwise regulated waste, substance or
material.
16. SIGNS:
Tenant will not exhibit, inscribe, paint or affix any sign, advertisement, notice or other lettering on
Updated 08/23/99 - Revision M9 10
any part of the outside of the Premises, or in the windows, or on the building of which the Premises are a
part, or inside the Premises if visible from the outside, without first obtaining Landlord's written approval
thereof and Tenant further agrees to maintain such sign, lettering, etc., in good condition and repair at all
times. Tenant further agrees to comply with Landlord's sign criteria and all applicable governmental
regulations regarding such signs. The Tenant, at its expense, shall have the right to erect a store front sign
on the front facade of the premises to ensure citizens are aware of the Satellite City Hall's location, which
sign shall comply with laws and Landlord sign criteria, as amended by the City and agreed to by Landlord,
attached hereto as Exhibit C and incorporated herein.
17. SALES TAX REPORTS: N/A
18. RIGHTS OF LANDLORD:
Landlord reserves the following rights with respect to the Premises:
A. At all reasonable times after Notice to Tenant (except in emergency) and accompanied by
tenant's representative (except in emergency),.by itself or its duly authorized agents, to go upon and inspect
the Premises and every part thereof and at its option to make repairs, alterations and additions to the
Premises or the building of which the Premises are a part.
B. To display a "For Rent" sign at any time, and also, after notice from either party of intention
to terminate this Lease, or at any time within six (6) months prior to the expiration of this Lease. A "For
Rent" sign, and all of said signs shall not be larger than one foot by two feet and shall be placed upon such
part of the Premises as Landlord shall require, except on display windows or door or doors leading into the
Premises. Prospective purchasers or tenants authorized by Landlord may inspect the Premises at
reasonable hours at any time.
C. To collect all rents, as well as any additional rent, percentage rent and any other charges
due Landlord by Tenant, from any receiver, debtor in possession, or trustees which may be appointed for
the account.of Tenant.
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If the Premises shall be partially damaged by any casualty insurable under the Landlord's
insurance policy, Landlord shall, upon receipt of the insurance proceeds, provided same are sufficient to
cover the cost, and, subject to the rights of any mortgagees, repair same with reasonable speed, and a
proportionate part of the rent shall be abated for the Premises which cannot be utilized by the Tenant until
such repairs are completed. The obligation of the Landlord hereunder shall be limited to the basic building
or storefront. If more than TWENTY (20%) percent of the Premises shall be rendered untenantable or
should be damaged as a result of a risk which is not covered by Landlord's insurance, or if TWENTY (20%)
percent or more of the gross leasable area of the Shopping Center shall be damaged or destroyed by fire or
other cause, notwithstanding that the Premises may be unaffected by such event, then or in any such event,
Landlord may elect to repair the damage or cancel this Lease within ninety (90) days of said occurrence by
notice of cancellation to Tenant and Tenant shall vacate the Premises. Tenant shall have the option to
cancel this lease, exercised by written notice to Landlord if the damage or destruction to the premises is
such that the premises can not be restored in ninety (90) days. Unless this Lease is terminated by
Landlord, Tenant shall hold the proceeds of all insurance carried by Tenant on its property and
improvements in trust for the purpose of repair and replacement. In the event Landlord elects to repair the
damage any abatement of rent shall end ten (10) days after notice by Landlord to Tenant that the Premises
have been repaired. If any damage is caused bylhe negligence of Tenant or its employees, the damages
shall be repaired by Landlord, upon receipt of the insurance proceeds, but there shall be no abatement of
rent.
20. MECHANICS LIENS'
Tenant will not permit to be created, or to remain un-discharged any lien, encumbrance or charge
Updated 08/23/99 - Revision #9 11
arising out of any work done or materials or supplies furnished by any contractor, subcontractor, laborer or
material man, or other entity which might be or become a lien or encumbrance upon the Shopping Center or
any portion thereof. Nothing contained in this Lease shall be construed as consent on the part of the
Landlord to subject the estate and/or property of the Landlord to liability under the Mechanics Lien Law of
the State of Florida, it being expressly understood that the Landlord's estate and property shall not be
subject to such liability. The Tenant agrees to strictly comply with the Mechanics Lien Law of the State of
Florida as set forth in Florida Statute 713.01 et seq. In the event that a claim of lien is filed against the
property in connection with any worts performed by or on behalf of the Tenant, the Tenant shall, within thirty
(30) days after demand from the Landlord, cause same to be discharged of record by payment, deposit,
bond, order of a court of competent jurisdiction or otherwise. If Tenant shall fail to cause such lien to be
discharged within the period aforesaid, then, in addition to any other right or remedy it may have, Landlord
may, but shall not be obligated to, discharge such lien by deposit or bond, and in any such event, Landlord
shall be entitled if It so elects to compel the prosecution of an action for the foreclosure of such lien by the
lien or and to pay the amount of any judgment in favor of the lien or including interest, costs and expenses.
Any amounts so paid by the Landlord, and all costs and expenses, including attorneys' fees incurred by
Landlord in connection therewith, shall constitute and be deemed additional rent payable by the Tenant
under this Lease, and such additional rent shall be paid to the Landlord upon demand. Nothing herein shall
obligate the Tenant to pay or discharge any lien created by the Landlord.
Landlord shall have the right to post in the Premises and file and record notices of non -responsibility
and such other notices, as the Landlord may deem appropriate for the protection of Landlord's interest in
the Premises, Tenant shall, before the commencement of any work which might result in any lien on the
Shopping Center or any part thereof, give to the Landlord reasonable notice of its intention to commence
said work in sufficient time to enable Landlord to file and record such notices.
If so requested by the Landlord, the Tenant shall execute a short form or memorandum of this Lease
which may, in the Landlord's discretion, be recorded in the public records for the purpose of protecting the
Landlord's estate from mechanics lien claims as provided in Florida Statute 713.10. Any security deposits
paid by the Tenant may be used by the Landlord for the satisfaction or transfer of any mechanics claim of
lien.
21. INDEMNIFICATION, PUBLIC LIABILITY INSURANCE AND OTHER INSURANCE:
The City does not waive its statutory or common law rights of sovereign Immunity by entering into
this Lease Agreement. Notwithstanding the foregoing:
A. Tenant shall at all times during the term hereof keep in force at its own expense
commercial general liability insurance in companies reasonably acceptable to Landlord, naming Landlord,
and any mortgagee of the Shopping Center, as additional insureds thereunder, with minimum limits as
required by the City's Risk Manager, one million dollars ($1,000,000.00) on account of bodily injuries to or
death of, one person, and two million dollars ($2,000,000.00) on account of bodily injuries to or death of
more than one person as the result of any one accident or disaster, and one million dollars $1,000,000.00)
Dollars on account of damage to property.
B. Tenant shall, at all times during the term hereof, keep in force at its own expense, fire
insurance with extended coverage in companies reasonably acceptable to Landlord, equal to the
replacement cost of Tenant's betterments and improvements on the Premises.
C. Tenant will furnish Landlord, prior to or simultaneously with taking possession, certificates
of insurance evidencing coverage's required by this Lease. However, copies of the policies will not be
furnished to the Landlord. All policies required hereunder shall contain an endorsement providing that the
insurer will not cancel or materially change the coverage of said policy or policies without first giving fifteen
(15) days prior written notice thereof to Landlord.
D. To the extent permitted by law, Tenant shall be fully responsible for any claims, actions,
Updated 08/23/99 - Revision #9 12
damages, liabilities and expenses arising from any occurrence in the Premises.
22. WAIVER OF CLAIMS:
A. Landlord and Landlord's agents, employees and contractors will not be liable for negligence
of the Tenant. Tenant hereby releases all claims for, damage to property sustained by Tenant or any
person claiming through Tenant resulting from any fire, accident, occurrence or condition in or upon the
Premises or building of which they shall be a part, including but not limited to such claims for damage
resulting from (i) any defect in or failure of plumbing, heating or air conditioning equipment, electric wiring or
installation thereof, water pipes, stairs, railings or walks; (ii) any equipment or appurtenances becoming out
of repair; (iii) the bursting, leaking or running of any tank, washstand, water closet, waste pipe, drain or any
other pipe or tank in, upon or about such building or premises; (iv) the backing up of any sewer pipe or
downspouts; (v) the escape of steam or hot water; (vi) water being upon or coming through the roof or any
other place upon or near such building or premises or otherwise; (vii) the failing of any fixtures, plaster or
stucco; (viii) broken glass and (ix) any act or omission of co -tenants or other occupants of said building or
adjoining or contiguous property or buildings, subject to Paragraph 22 B below, Landlord shall be liable for
the negligence of Landlord, and Landlord's employees, agents and contractors.
B. Landlord and Tenant agree that in the event the Premises or its contents are damaged or
destroyed by fire or other insured casualty, the rights, if any, of either party against the other with respect to
such damage or destruction are waived; and that all policies of fire and/or extended coverage or other
insurance covering the Premises or its contents shall contain a clause or endorsement providing in
substance that the insurance shall not be prejudiced if the insureds have waived right of recovery from any
person or persons prior to the date and time of loss or damage, if any.
23. TRADE FIXTURES:
All trade fixtures installed by Tenant In the Premises shall remain the property of Tenant and shall
be removable at the expiration or earlier termination of this Lease or any renewal or extension thereof,
provided Tenant shall not at such time be in default under any covenant or agreement contained in this
Lease-, and provided further that in the event of such removal, Tenant shall promptly restore the Premises
to their. original order and condition. In the event that the Lease is in default, Tenant may not remove any
such trade fixtures until such time as said default(s) shall be -cured. Any such trade fixture not removed at
or prior to such termination shall be and become the property of the Landlord. Lighting fixtures, Flooring,
plumbing fixtures and air conditioning equipment, whether or not installed by Tenant, shall not be removable
at the expiration or earlier termination of this Lease or at the expiration of any renewal or extension thereof,
and shall become the property of Landlord
24, ASSIGNING, MORTGAGING, SUBLETTING:
Tenant agrees not to assign, mortgage, pledge or encumber this Lease, in whole or in part, or sublet
the whole or any part of the Premises, except to other city agencies, or permit the use of the Premises by
any licensee or concessionaire, without first obtaining the express prior written consent of Landlord in each
instance, which approval shall not be unreasonably withheld after taking into account the nature,
creditworthiness and experience of any assignee, subtenant, licensee or concessionaire and their probability
of success in operating the Premises for the uses provided in Paragraph 4 of this Lease. It is expressly
understood and agreed that Landlord's failure or refusal to offer such consent based upon any prospective
assignee or sublessee's failure to meet all criteria of Landlord shall not be deemed unreasonable as a matter
of law. Consent by the Landlord to any assignment or subletting shall not constitute a waiver of the
necessity for such consent to any subsequent assignment or subletting. It is understood that Landlord may
refuse to grant such reasonable consent to any assignment or subletting by Tenant if Landlord is not
satisfied with the financial responsibility, identity or business character, the nature of the occupancy or
legality of the proposed use of the subtenant or assignee, or if there is a need for alteration of the Leased
Premises by the subtenant or assignee. If this Lease is assigned, or if the Leased Premises or any part
thereof is to be underiet or occupied by any party other than the Tenant, Landlord may collect rent from the
assignee, subtenant or occupant and apply such net amount collected to the rent herein reserved, but no
Updated 08/23/99 - Revision a9 13
such assignment, underletting, occupancy or collection shall be deemed a waiver of this covenant or
acceptance of the assignee, subtenant or occupant as tenant. This prohibition shall be construed to include
a prohibition against any assignment or subleasing by operation of law, legal process, receivership,
bankruptcy or otherwise, whether voluntary or involuntary, and a prohibition against any encumbrance of all
or any part of Tenant's leasehold interest. Any rents received from any permitted sublessee or assignee in
excess of the rents and other charges reserved in this Lease shall be paid by the Tenant to the Landlord as
additional consideration for the right and approval to sublet.
In the event that Tenant assigns the Lease or sublets any portion of the Leased Premises without the
express prior written consent of Landlord, Landlord shall, at its option, without waiving any other remedies
available under the Lease Agreement, have the right to (1) terminate Tenant and any assignee or
sublessee's entitlement to possession of the Leased Premises without waiving its right to recover all tenant
payments called for under the Lease Agreement, or (2) accept the assignee or sublessee as Landlord's
tenant in which event Tenant shall no longer be liable for the performance of all obligations under this
Lease. Landlord shall not be deemed to have approved the assignment or subletting unless such approval
is in writing. Landlord shall be under no obligation to modify or alter the Lease in any way in conjunction
with its approval or disapproval of any proposed assignee.
VF1I►` wb >t
Tenant agrees that it does hereby subordinate its rights hereunder to the lien of any mortgage,
hereafter placed against the land and/or the Premises and/or any or all of the buildings now or hereafter
built or to be built in the Shopping Center by Landlord and to any and all advances made or to be made
thereunder and to the interest thereon and to all renewals, replacements, consolidations and extensions
thereof so as long as and conditioned upon the holder of any such mortgage agreeing that so long as
Tenant is not in default hereunder, the possession of Tenant under this lease shall not be disturbed. Tenant
further agrees that it will execute (and promptly deliver to Landlord or mortgagee) any and all documents
which any mortgagee or Landlord may reasonably request, including but not limited to subordination, non -
disturbance, and/or attornment agreements, or attornment certificates.
26. PERFORMANCE OF TENANT'S COVENANTS:
Tenant covenants and agrees that it will perform all agreements herein expressed on its part to be
performed, and that it will, within five (5) days as respects the non-payment of rent and ten (10) days as
respects other non-performance, following written notice sent by Certified Mail, comply with the
requirements of such notice. Further, if Tenant shall not comply with such notice to the satisfaction of
Landlord within the time limited as aforesaid (or, if such compliance as it relates to non -monetary defaults
cannot reasonably be completed within the time limit as aforesaid, if Tenant shall not commence to comply
within such period and thereafter proceed to completion with due diligence), such non-compliance will be
considered an event of default, and Landlord may, at its option, do or cause to be done any or all of the
things specified in said notice, and in so doing Landlord shall have the right to cause Its agents, employees
and contractors to enter upon the Premises and in such event shall have no liability to Tenant for any loss
or damage resulting in any way from such action; and Tenant agrees to pay, within thirty (30) days, any
expense incurred by Landlord in taking such action. Any such sum shall be collectable from Tenant as
additional rent hereunder.
27. EVENTS OF DEFAULT:
A. The filing of a petition by or against Tenant for adjudication as a bankrupt or insolvent, or
for its reorganization or for the appointment of a receiver or trustee of Tenant's property; any reorganization
or proceedings under Chapter X and/or Chapter XI of the Federal Bankruptcy Law; an assignment by
Tenant for the benefit of creditors; or the taking possession of the property of Tenant by any governmental
officer or agency pursuant to statutory authority for the dissolution or liquidation of Tenant.
B. Failure of Tenant to pay within five (5) days after written notice any installment of rent and
additional rent or any other sum herein required to be paid by Tenant.
Updated 08/23/99 - Revision #9 14
C. Tenant's failure to perform any other covenants or conditions of this Lease within ten (10) days after
written -notice and demand.
D. The parties shall not be liable for the failure to perform its duties under this Lease Agreement if such
failure is caused by a riot, war, governmental order or regulation, strike, act of God, or other similar or different
contingency beyond the reasonable control of the parties.
28. RIGHTS OF LANDLORD UPON DEFAULT BY TENANT:
A. If Tenant is in default under any terms of this Lease and if same is not cured by Tenant within five (5)
days, after written notice, as respects the non-payment of rent and ten (10) days as respects other non-performance
after written notice to Tenant, then Landlord, in addition to all rights and remedies granted under the laws of the State
of Florida, shall have any or all of the following rights:
(1) To re-enter and remove all persons and property from the Premises, and any property
removed may be stored in a public warehouse or elsewhere at the cost of and for the account of Tenant, and the
Landlord shall not be responsible for the care or safekeeping thereof, and the Tenant hereby waives any and all claims
for loss, destruction and/or damage or injury which may be occasioned by any of the aforesaid acts, No such re-entry
or taking possession of the Leased Premises by the Landlord shall be construed as an election on the Landlord's part
to terminate this lease unless a written notice of such termination is given to the Tenant. Notwithstanding any reletting
without termination, Landlord may at all times thereafter elect to terminate this Lease for any such previous default or
breach. Any such re-entry shall be allowed by the Tenant without hindrance and Landlord shall not be liable In
damages for any such re-entry or guilty of trespass or forcible entry. In the event that the Landlord terminates this
lease and re -leases the Premises, Landlord shall grant a novation to Tenant for the remainder of the lease term. In the
event of any reletting without termination, Tenant will receive a credit from the Landlord for any amount collected for
reletting the premises.
(II) Landlord may retake possession of the Premises, relet the Premises and sue for damages..
The election of whether to sue on a month -to -month basis or for the total amount shall be at the sole option and
discretion of the Landlord. In the event that the Landlord terminates this lease and re -leases the Premises, Landlord
shall grant a novation to Tenant for the remainder of the lease term. in the event of any reletting without termination,
Tenant will receive a credit from the Landlord for any amount collected for reletting the premises.
(111) Landlord may terminate the Lease, re-enter the Premises and take possession thereof and
remove all persons therefrom, and Tenant shall have no further claim or right hereunder.
(IV) If Tenant vacates or abandons the Premises, Landlord shall have the right but not the
obligation to relet the Premises for the remainder of the term of this Lease. In the event that the Landlord terminates
this lease and re -leases the Premises, Landlord shall grant a novation to Tenant for the remainder of the lease term, In
the event of any reletting without termination, Tenant will receive a credit from the Landlord for any amount collected for
reletting the premises.
(V) Landlord's re-entry or taking of possession of the Premises shall not be construed as an election to
terminate this Lease unless Landlord gives written notice of such termination. Any re-entry or taking of possession by
Landlord shall not affect or diminish the ongoing obligation or liability of Tenant for all rent and other obligations due and
owing under this Lease. Re-entry by the Landlord will not obligate the Landlord to mitigate damages by reletting.
Wherever in this Lease Landlord has reserved or is granted the right of re-entry into the Premises, the use of such word
is not intended, nor shall it be construed, to be limited to its technical legal meaning.
(VI) Landlord may relet the Premises or any part thereof for such term or terms (which may extend
beyond the Lease Term) and at such rentals and upon such other terms and conditions as Landlord in its sole
discretion deems advisable. Any and all amounts received upon reletting and all rentals received by Landlord
therefrom shall be applied first to any indebtedness owed by Tenant to Landlord other than rent due hereunder, then to
pay any cost and expense of reletting, including brokers' and attorneys' fees and costs of alterations and repairs, then
to the rent due hereunder, if there is any residue, it shall be returned to Tenant, and Landlord shall grant a novation to
Updated 08/23/99 - Revision #9 is
Tenant for the remainder of the lease term.
(VII) Notwithstanding any reletting without termination, Landlord may, at any time in the future after
said reletting, elect to deem this Lease terminated for any prior breach or default.
B, In case suit shall be brought by Landlord for the recovery of rent or because of the breach of any
covenant by Tenant, and if Landlord is successful in such litigation, then Tenant shall pay all costs of said litigation,
including a reasonable attorney's fee. In the event that any suit shall be filed by either Landlord or Tenant involving this
Lease or any other aspect of the tenancy, then the prevailing parry in such litigation shall be entitled to recover
reasonable attorney's fees and costs of such litigation.
C. Any and all rights, remedies and options given in this Lease to the Landlord shall be
cumulative and in addition to and without waiver of or in derogation of any right or remedy given to it under
any law now or hereafter in effect.
29. FINANCING AGREEMENT:
The Tenant agrees not to enter into, execute or deliver any financing agreement that can be
considered as a priority to any mortgage, deed of trust, or this Lease, without written permission of the
Landlord. In the event Tenant does so execute or deliver such financing agreement, such action on the part
of Tenant shall be considered a default of the terms and conditions of this Lease, entitling Landlord to such
remedies as are set forth herein.
30. SECURITY INTEREST: NIA
31. WAIVER:
The waiver of Landlord of any breach of any term, covenant or condition herein contained shall not
be deemed to be a waiver of such term, covenant or condition or any subsequent breach of the same or any
other term, covenant or condition herein contained. The subsequent acceptance of rent or partial payment
of rent hereunder by Landlord shall not be deemed to be a waiver of any preceding breach by Tenant of any
term, covenant or condition of this Lease, other than the failure of Tenant to pay the particular rental so
accepted, regardless of Landlord's knowledge of such preceding breach at the time of the acceptance of
such rent. No covenant, term or condition of this Lease shall be deemed to have been waived by Landlord,
unless such waiver is in writing by Landlord.
32. SURRENDER AND HOLDING OVER:
Tenant, upon expiration or termination of this Lease, agrees to promptly and peaceably surrender to
Landlord the Premises in "broom clean" condition and in good repair (same condition as during occupancy),
normal wear and tear excepted. In the event that Tenant shall fail to surrender the Premises upon demand,
Landlord, in addition to all other remedies available to it, shall have the right to receive an amount equal to
twice the rent due. Should Tenant remain in possession of the Premises with Landlord's consent, but
without a new written lease, duly executed, the Tenant shall be deemed to be occupying the Premises as a
"tenant at will", on a month -to -month tenancy, and shall be subject to all conditions, covenants and
agreements of this Lease.
33, ADDITIONAL CONSTRUCTION:
Landlord hereby reserves the right at any time and from time to time to make alterations or
additions to, and to build additional stories on, the building in which the Premises are contained, and to build
adjoining the same, as long as such additional construction has no material adverse effect on Tenant's use
of the Premises,
Upd2ted 08/23/99 - Revision #9 16
34. CONDEMNATION:
the term of this Lease, the whole. or any part of the Premises shall be
A. If, at any time during in lieu thereof,
taken by the exercise of the right of eminent dfor domain
taking of the Premises. Tenant shall) notenocllaim by
any
Landlord shall be entitled to the entireder this un eoin or claim for loss of or
reason of the taking of its leaseh ldess tetu fixtures equ'pment'�resocation foregoing shall preclude
claim Tenant may have for its furniture,
interference with its business.
king of the le or substantially all of the
B. If such proceeding shall result In and exaire on the dateoof such taking, and rent, and any
�ses
this Lease and the term hereof shall terminate a P
aid to the
other sums or charges provided in this Lease to be paid by the Tenant, shall be apportioned and p
date of such taking.
but other portions of the
C if no portion of the Premises shall aetaken e taken in
this shall terminate only as to the
Shopping Center of which the Premises area p
rent. If, however, the part so taken shall have a continuing
portion of the Premises so taken, and this Lease shall continue for the balance of its term as to the pa of
the Premises remaining without any reduction ont h
in the premises,
and permanent material adverse effect on the
eoperation
nd t t� of
this Lease as of the dateofsuch taking by
then the Tenant shall have the right to can 3p days after the taking; and the rent
giving to the Landlord notice in writing of such election within thirty ( ) Y
all be apportioned and paid to the date of such ter ut aan►yreducton ofif the arent, hand all other tsums a'ndte, this
shall P
Lease shall continue for the balance of its term wit ou
charges herein provided to be paid by the Tenant.
For the purposes of this Paragraph 34, substantially all of the Pre
D. mises shall be deemed to
r cannot be repaired or
portion of the Premise structure usable by the Tenanl
have been taken if the t for the proper conduct of its
reconstructed so as to constitute a complete
business.
d and the Tenant as to
E. in the event that themises re shall be aken, such dispute shall be supute between the rbm'itted to and determined by
whether "substantially all" of the Proceed Hare
the Court in the eminent domain proceeding.
35. NOTICES:
Wherever in this Lease it shall be required tics
s or demand shall nothat noticet be deemed tor demand be ihave been duly ven or served Y
either party to this Lease to or on the other, such notice the date mailed by certified mail,
given or served upon, in writing , thedateof the
eosted to thenal lP Premises:
postage prepaid, addressed and/or sting, P
TO LANDLORD AT: CIO Ramco-Gershenson Inc.
27600 Northwestern Hi hwa Suite 200
Southfield Michi an 48034
TO TENANT AT: City Manager, City of Tamarac
7525 NW Be Avenue
Tamarac, FL 33321-2401
(954) 724-2450
CC: City Attorney, City of Tamarac
Such ad
dresses may be changed from time to time by either party serving notices as above provided.
17
Updated os/23/99 - Revision #9
36. SUCCESSORS AND ASSIGNS:
All rights, obligations and liabilities herein given to or imposed upon the respective parties hereto
shall extend to and bind the several and respective heirs, executors, administrators, trustees, receivers,
successors, sub -lessees and assigns of said parties, subject to the provisions of Paragraph 24; and if there
shall be more than one Tenant, they shall all be bound jointly and severally by the terms, covenants and
agreements herein and the word "Tenant' shall be deemed and taken to mean each and every person or
party mentioned as a Tenant herein, be the same one or more; and if there shall be more than one Tenant,
any notice required or permitted by the terms of this Lease may be given by or to any one thereof, and shall
have the same force and effect as if given by or to all thereof. No rights, however, shall inure to the benefit
of any assignee of Tenant unless the assignment to such assignee has been approved by Landlord in
writing as aforesaid.
37. ADDITIONAL FEES: INTENTIONALLY DELETED.
38, QUIET ENJOYMENT:
Upon payment by the Tenant of the rents herein provided, and upon observance of all covenants,
terms and conditions of this Lease by the Tenant, the Tenant shall peaceably and quietly hold and enjoy the
Premises for the term hereof without unreasonable hindrance or unreasonable interruption by the Landlord;
subject, nevertheless, to the terms and conditions of this Lease.
39. BROKERS:
It is understood by both parties that Broker's fees are not part of this lease.
Both parties represent and warrant that there are no claims for brokerage commissions or finders
fees in connection with the execution of this Lease.
40. SCOPE AND INTERPRETATION OF THE AGREEMENT:
This Lease shall be considered to be the only agreement between the parties hereto pertaining to
the. Premises. All negotiations and oral agreements acceptable to both parties are included herein and,
unless reduced to writing in this Lease, no oral representations will be held to be true, accurate, of any
effect whatsoever. The laws of the State of Florida shall govern the validity, interpretation, performance and
enforcement of this Lease. Venue for any action brought between the parties shall be Broward County,
Florida.
If any provision of this Lease shall be adjudged invalid or unenforceable by a court of competent
jurisdiction, the remaining provisions of this Lease shall not be affected thereby and shall be valid and
enforceable to the fullest extent permitted by law.
41. EXCULPATION:
Tenant agrees that it shall look solely to the land and building comprising the Shopping Center of
which the Premises are a part and insurance proceeds resulting from damage or destruction thereof for the
collection of any judgment (or any other judicial process) requiring the payment of money by Landlord in the
event of any default or breach by Landlord with respect to any of the terms, covenants and conditions of this
Lease to be observed and performed by Landlord and no other property or estates of Landlord shall be
subject to levy, execution or other enforcement procedures for the satisfaction of Tenant's remedies-
42. CAPTIONS:
Any headings preceding the text of the several paragraphs and subparagraphs hereof are inserted
solely for the convenience of reference and shall not constitute a part of this Lease, nor shall they affect its
meaning, construction or effect.
Updated 08/23/99 - Revision #9 18
43. MODIFICATION:
This Lease Agreement may only be modified in writing, by both parties hereto.
44. JOINT OBLIGATION:
If there is more than one tenant to this Lease Agreement, the obligations hereunder imposed shall
be joint and several.
45. TIME IS OF THE ESSENCE:
Time is of the essence in the performance of each provision of this Lease Agreement,
46. AUTHORITY:
If Tenant is a corporation, each individual executing this Lease on behalf of said corporation
represents and warrants that he is duly authorized to execute and deliver this Lease on behalf of said
corporation, in accordance with the By -Laws of said corporation and that this Lease is binding upon said
corporation. If Tenant is a partnership, Tenant has authority on behalf of the partnership to enter into this
Lease Agreement.
47. CHOICE OF LAW:
This Lease Agreement shall be construed in accordance with the laws of the State of Florida, as
may be amended from time to time.
48. RADON GAS:
Radon is a naturally occurring radioactive 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.
49. COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT:
Notwithstanding anything contained in this Lease to the contrary - (a) Tenant shall be responsible
and required to ensure that its operations, at the premises, are in compliance with the Act and the
regulations interpreting the Act currently in effect or hereafter promulgated; (b) Landlord shall be obligated
to comply with the Act or the regulations interpreting the Act currently in effect or hereafter promulgated as
they pertain to the shopping center.
50. IMPROVEMENTS:
Landlord agrees, subject to reimbursement by Tenant to the extent provided in Article 61 herein, to
perform or cause to be performed, the following Improvements to the Premises ("Tenant Improvements").
The installation of a new heating, ventilating and air conditioning (HVAC) system, new
fagade, handicap ramp in general vicinity of premises space and provide Up -fitting of
Premises (Article 51 herein) without charging a management fee for reviewing plans.
Landlord shall use all commercially reasonable efforts to complete such improvements
within a reasonable time after the execution hereof by the parties hereto, subject to delays
caused by strike casualty, fire, injunction, action of the elements, or any other cause
beyond the control of Landlord. Every effort shall be made by the Landlord to complete
such improvements by the time the certificate of occupancy is issued, but not later than
ninety (90) days from date of Issuance of building permit.
Updated 08/23/99 - Revision #9 19
,
Notwithstanding the foregoing or anything to the contrary contained in this Lease, Landlord
shall not be required to complete the installation of the new fagade until nine (9) months
after the execution of this lease.
51. UP -FITTING OF PREMISES
Landlord agrees to perform all improvements to the Premises as per Exhibit D — Scope of Services
attached hereto and incorporated herein. Tenant shall assist in obtaining all permits and approvals required
by any governmental agency in connection therewith.
With the exception of the HVAC system, new fagade, and handicap ramp specified in Article 50
above, Tenant shall provide to Landlord detailed plans and specifications for the Tenant Improvements
together with a description of the scope of work to be performed ( See Exhibit Dl. Landlord shall have a
reasonable time after the receipt of said plans and specifications from Tenant to approve the same or to
submit any objections in writing to Tenant. No improvements or alterations shall be made to the Premises
until said plans and specifications have received final approval from Landlord. Landlord shall require that
each contractor, subcontractor or other person providing labor and materials to the Premises in connection
with Tenant Improvements obtain and maintain public liability insurance with minimum limits of not less than
$1 million combined single limit and workers' compensation insurance in compliance with all statutory
requirements. Prior to commencing Tenant Improvements, each such contractor, subcontractor or other
person performing work at or to the Premises shall deliver to landlord a duly executed certificate of
insurance indicating the foregoing coverage and naming Landlord as additional insured.
Notwithstanding anything to the contrary contained in this Lease, in the event the improvements
described on Exhibit D will, pursuant to the approved plans and specifications, cost more than $50,000, and
Tenant does not agree to pay the excess cost (over $50, 000) within 10 days after Landlord advises Tenant
thereof, then, within 20 days after the end of such 10 day period, Landlord shall have the right to terminate
this lease and neither party shall have any liability to the other. If Landlord does not so terminate this
Lease, this Lease shall continue in full force and effect and Landlord shall bear the excess cost (over
$50,000). If for any reason the parties are unable to agree on final plans and specifications for the Tenant
Improvements within 40 days after the execution and delivery of this lease, Landlord shall have the right to
terminate this Lease and neither party shall have any liability to the other.
Except as provided in Sub -part 2 of Paragraph 50 above, Landlord agrees to complete the Tenant
Improvements based on approved plans and specifications within ninety ( 90) days after the issuance of a
building permit thereof. Failure of Landlord to deliver possession of the premises within the time and in the
condition provided for in this lease will not give rise to any claim for damages by Tenant against Landlord or
against Landlord's contractor.
Tenant agrees to reimburse Landlord an amount equal to the total actual cost of the Tenant
Improvements described in Exhibit D attached hereto and incorporated herein ("Reimbursement"). Tenant
shall pay the Reimbursement to Landlord as follows:
A. 25 % within ten (10) days upon the full execution of this Lease.
B. Balance due within ten (10) days of the occurrence of all of the following:
(i) Tenant's receipt of paid invoices for all work performed and materials supplied to
the Premises; and,
(ii) Tenant's receipt of properly executed lien waivers, which shall be satisfactory to
Landlord in all respects, from all persons who performed services or supplied
materials to the Premises; and,
(iii) Tenant's opening for business in the Premises and the commencement of the
payment of full rent; and,
(iv) Landlord's receipt of a final certificate of occupancy for the Premises issued to the
Updated 08/23/99 - Revision #9 20
Tenant by the appropriate governmental agency.
STATEMENT BY TENANT:
Upon demand of Landlord, or any prospective purchaser, mortgagee, or Tenant of the building of
which the Premises are a part, Tenant agrees to execute a statement of the condition of this Lease,
including the amount of monthly rental and the date to which the same has been paid, the amount of
security held by Landlord, the expiration date of this Lease, and whether any breach hereof exists.
IN WITNESS WHEREOF, Parties have made and executed this Agreement on the days and year
first set forth above, City of Tamarac, through it's mayor, and Ramco-Gershenson Properties, L.P., signing
by and through the persons duly authorized to execute the same.
ATTEE
rA L GOLD, C/AAE
i,,.ITY CLERK
WITNESSES:
t >rl
CITY OF TAM RAC, FLORIDA
SCHREIBE,R, MAYOR
c- Z-C- 9--
Date
JEFFREY MILLER, CITY MANAgR
AP
.0/-
S, KRAFT, C%TY/ATTORNEY
RAMCO-GERHENSON PROPERTIES, L.P.,
a Delaware limited partnership
By: Ramco-Gershenson Properties Trust,
a Maryland re st to investment trust
1Its General P1
By:
By:
Its-
Updated 08/23/99 - Revision #9 21
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(c) SECTION 4C.07 COLOR. All letters within the sign shall be of one (1) Plexiglas
color and of one (1) color when sign is lighted. Clear, smoked or tinted acrylic
faces which allow for neon to be seen will not be permitted.
SECTION 4C.08 MATERIALS. Sign letters shall be fabricated from .040 gauge shave aluminum
heliarc welded construction with a five (5) year warranty against peeling, cracking,
crazing or blistering. Letters shall have #313 Dark Bronze Duranodic finish on sides
and back with minimum one -eighth inch (1/81 acrylic plastic faces with trim cap edging
to match aluminum.
SECTION 4C.07 *RACEWAYS. Exterior sign raceways shall be utilized and attached to the
excerlor front elevation of the canopy fascia with concealed, non -corrosive fasteners.
Racewayi shall be made of .040 gauge aluminum framed with I'A' x 1 IA, x 311 b'
aiuminum angles. All fasteners used to fabricate raceway shall be stainless steel or
aluminum Individual sign letters shall be mounted on the raceway. The location of the
raceway in relation to the letters shall be subject to Landlord's approval. Maximum size
of raceway to be seven inches (r) in height by eight inches (8") in depth. Raceway shall
not extend beyond the outer face of the first and last letter of the sign. The raceway
may not txzend between words it the sign is comprised of more than one word. Prior
to painting, the aluminum shall be properly cleaned and etched. The first coat of paint
shall be zinc chromate primer. The color of the second coat of paint shall match the
building fascia color, 1Materproof service access doors shaft be located on the top side
of the raceway bout near each transformer. A Uhtmun disconnect switch shalt be
located on the box end of the gateway painted to match raceway.
SECTION 4C.I& INSTALLAY'ION.
(a). Tempt': sisn • Installer shah seal around fascia panel penetrations to protect
elecolcal components from water leakage.
(b) Aft letters are to be mounted directly to the front of the raceway with non.
corrosive hstenem All setachment-devices shall be concealed inside the letter
casing.
(c) Raceways are to be direcdy mounted to the building hhsda and ad fasteners are to
be contained within the raceway.
SECTION 4C.1 I ;PROHIBITED TYPES OF SIGNS OR SIGN COMPONENTS.
(a) Moving or rocadng signs
(b) Back-Purninated sighs
(c) Signs imploying moving or Aashin; lights
(d) Signs employing exposed ballast boxes, transformers
(e) Signs exhibiting the names, stamps or deals of the sign manufacturer or Installer
(i) signs of box or cabinet type employing transparent. translucent or luminous plastic
background panels
(g) Signs employing luminous vacuum -formed type plastic letters
(h) Signs employing noise•making devices and components
(i) Free-standing signs
0) Signs employing unedged or uncapped plastic letters or letters with no returns and
exposed fastenings
(k) Rooftop signs
SUNSHINE PLAZA
PACE 3 QP Y
�- �kkl tit f C
r (1) Name of ;hopping Center is not permitted in Tenant's sign.
SECTION 4C.12 PROCEDURE FOR SIGN ORAWING APPROVAL.
(a) Approval of storefront design drawings or required drawings and specifications for
Tenant's leased premises does NOT constitute approval of any sign work.
(b) No sign shall be erected until written specifications and drawings of such sign are
approved in writing by Landlord.
(c) WichlWadrty (30) days (ram whichever one of the following dates is the later to
occur. .(1) receipt of space layout drawings from Landlord; or (2) exaeudon of
Lease. Tenant will submit. "qkg . drawings Illustrating Tenant's proposed
idendfication sign as prepared by Tenant's Sign Contractor indicating full
dimensions, letter style and type. face (color, material and thickness), returns
(color, material and thickness), type of lighting, mounting hardware and transformer
Iocadon. attachment details. electrical bad and number of circuits required,
brightness in foot -lamberts. access and actual sign graphics clearly shown on a
scalRd elevation of the Tananes storefront. Tenant shall also submit name and
address of sign manufacturer and Installer.
(d) As soon as possible after recelpi of sign drawings. Landlord shag return cc Tenant
one (1) set of such slip drawings with Its suggested modification "or approval,
(o) In addidnn to landlord approval. Tenant or his agent shall secure an approved dlin
permit from the appropriate governmental agency.
i
SECTION 4C.N2 INDEMNIFICATION BY TENANT. Tenant shall, ac Its own risk and
expense. area said sign as permitted herein and shag maintain such sign In a good sate
of repeir, _
,. ee:..tq.rh'.ar�►damage,.efbl;t
may be causwi by the erection, maintenance. existence or removal.o( such sign. ' Upon
vacating dte premises. Tenant. sgraes to remove all signs sirepair all damage caused by
such resngval.
l7 '
SE Oly .DI' FLO ING. T ant will de carpeting the floori as appro by
t Landlord all co to floor a s of the sales as In the Le Premis .
s ION SG, INTi; R PAR ONS. Any �rrior_pscl A. Includ stock/0I110
partit will b for anent. Any I for pardde g shall no entente I -n
cei g Instill by La d.
SEC N SC. CA81 S. SHELVIN COUNTE . ETC. Cab cs, sholy' , counter .
ecc., a to urnishad and i called com to by Tenan include onnectiopir to
)N 5 4' INTERIOR NISNES. wallboard wood m will left sa
sm Ch. for Teron ' Mish. painting, seal ' g, enam rag and y specs wall
erings or dec shag be ovlded and In Iced 6y Want. A tnceriar ltshd
deeoratin�, s front poi rag, paneling, Ipaperin g hoar ,etc, wa
columns she dons w' high quality oriels and ssisanc c soil an ear.
)N S S. IND UALIZED ST EFRONT Should enant sire Land d
per It an Ind usltaed scorefr c in exce of Lan rd a It lord. a deli an
nssructlon same shall be rfarmed b andlor t To s sole At an ape a.
o follo g criteria shall ply for same.
111F11141F,Iq M ,a'',A
PAGE y OF N
U a ., r w..
SCOPE OF SERVICES
FOR BUILDING IMPROVEMENTS
EXHIBIT
D
1.1 City shall provide working drawing completed by architect for the interior improvements for space C-100
(2,482 square feet) at Sunshine Plaza in Tamarac
1.2 Landlord shall design and construct or contract for the design and construction of the building
improvements according to the architectural drawings.
1.3 Landlord shall be responsible for the design and construction of the building improvements through its
competitive procurement process.
1.4 The building improvements shall include the construction, renovation, installation and/or completion of
the following:
1.4.1 Realign A/C Ducts and Exhaust System
1.4.2 Internal Building Cleanup
1.4.3 Lighting Fixtures
1.4.4 Ceiling and Floor Repair
1.4.5 Install Carpet and Vinyl (310 Yards)
1.4.6 Electrical and Plumbing System Improvements
1.4.7 Install Four (4) Smoke Detectors
1.4.8 Construct Center Partition and Bathroom
1.4.9 Water Fountain
1.4.10 Kitchen Cabinets
1.4.11 Painting Interior of Building
1.4.12 Painting Exterior of Building
1.4.13 Finished Hardware Locks
1.4.14 Teller Cage and Front Counter
1.4.15 Interior Steel Doors (2)
1.4.16 Rear Steel Door and Jamb
1.5 The Landlord shall submit to the City within ten (10) days of completion of the improvements, final
payment to any contractor related to the project, and a complete program and financial accounting
activity report.
1.6 The cost of the improvements is estimated not to exceed $50,000. The Landlord and the City shall
mutually agree upon any additional cost and/or expenses above the estimated ,amount for the design
and construction of the building improvements. This Section 1.6 is subject to the terms of Paragraph 51
of the Lease.
1.7 Landlord shall notify the City of the estimated costs for the building Improvements and the projected
start and completion date for the improvements.
Landlord shall submit to the City upon completion of the improvements, a request for reimbursement to include
copies of all invoices and supporting documentation. The City shall, within ten (10) days of receipt of the
Landlord's request for reimbursement, remit to the Landlord an amount equal to the total balance due to the
actual cost of the improvements.
Temp Reso #10914-March 10, 2006
Exhibit 3
Temp. Reso. #9886
August 30, 2002
Revised September 11, 2002
Page 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. 2002 -270
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE
OFFICIALS TO EXERCISE THE RENEWAL OPTION" TO THE
EXISTING LEASE AGREEMENT BETWEEN THE CITY OF
TAMARAC AND RAMCO-GERSHENSON PROPERTIES, L.P.,
FOR SATELLITE CITY HALL AT SUNSHINE PLAZA IN
TAMARAC, FLORIDA FOR AN ADDITIONAL THREE-YEAR
PERIOD; PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City has a lease Agreement with Ramco-Gershenson, Inc. for the
property known as Satellite City Hall located at Sunshine Plaza in Tamarac, Florida; and
WHEREAS, the Agreement authorized per Resolution R-99-193 (attached as
Exhibit 2) allows the City to renew the contract for an additional three year period; and
WHEREAS, Ramco-Gershenson, Inc., has provided lease space in accordance
with the terms of the Agreement; and
WHEREAS, The Assistant City Manager/Interim Director of Finance and the
Finance and Policy Officer recommend that the Agreement with Ramco-Gershenson,
Inc. be extended for an additional period of three years to provide lease space; and
WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be
in the best interests of the citizens and residents of the City of Tamarac to renew the
lease Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA:
Temp Reso #10914-March 10, 2006
Exhibit 3
Temp. Reso. #9886
August 30, 2002
Revised September 11, 2002
Page 2
SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and
confirmed as being true and correct and is hereby made a specific part of this Resolution.
SECTION 2: The appropriate City officials are hereby authorized to accept
and execute the renewal to the September 10, 1999 Agreement between the City of
Tamarac, Florida and Ramco-Gershenson, Inc., for the C-100 space at Sunshine Plaza in
Tamarac providing for leasing space for an additional three year period effective April 1,
2003 through March 30, 2006, (attached as Exhibit 1),
SECTION 3: All resolutions or parks of resolutions in conflict herewith are
hereby repealed to the extent of such conflict.
SECTION 4: If any clause, section, other part or application of this Resolution
is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or
application, it shall not affect the validity of the remaining portions or applications of this
Resolution.
Temp Reso #10914-March 10, 2006
Exhibit 3
1
1
Cl
2002
SECTION 5:
passage and adoption
Temp. Reso. #9788
August 30, 2002
Revised September 11,
Page 3
This Resolution shall become effective immediately upon its
PASSED, ADOPTED AND APPROVED this 25th day of September, 2002.
ATTEST:
MARION SWEN ON, CMC
CITY CLERK
I HEREBY CERTIFY that
I have approved this
RESOLUTION as to form.
MITCHELL S. K
CITY ATTOR
JOE SCHREIBER
MAYOR
RECORD OF COMMISSION VOTE:
MAYOR SCHREIBER
AYE
DIST 1: V/M. PORTNER
AYE
DIST 2: COMM. MISHKIN
AYE
DIST 3: COMM. SULTANOF
AYE
DIST 4: COMM. ROBERTS
AYE
-I- ,.- ----.,.----.1 ice..-.., jrtrda--ft"Uu3- qy, cJ*
EXHIBIT 1
August 30, 2002
City of Tamarac Revised September 11, 2002
"Committed to Excellence —Always"
Purchosing
Division
August 22, 2002
Jeff I"autenbach
Ramco-Gershenson
27600 Northwestern Highway
Suite 200
Southfield, MI 48034
RE: Extension of Lease
C-100 Space, Sunshine Plaza
(Satellite City Hall)
Tamarac, Florida
Dear Mr. Lautenbach:
GcOPA
L.-ERSIE P-1 LE"
The City's lease agreement with your company for the above referenced property will
expire on March 30, 2003, Item 3-,_Lncith of Term In the original lease provides for one
additional 3-year renewal. This renewal would encompass the term April 1, 2003
through March 30, 2006.
Please confirm that lease renewal is acceptable by checking the appropriate box below,
completing the signature and acknowledgement pages, and returning the original
document to Purchasing no later than September 3. 2002. Upon execution by the City,
a copy will be returned to you for your records. If you have any questions, do not
hesitate to contact me.
Sincerely,
Lynda S. Flurry, CPPO
Purchasing/Contracts Manager
hereby agree to a 3-year renewal of the existing lease on the location known as
Satellite City Hall, 4267 W. Commercial Blvd, Tamarac, Florida, for the term
4/1/2003 -- 3/31/2006, subject to ttie same terms and conditions.
E] I am unable to agree to the 3-year renewal of the subject lease.
7525 NW 88th Avenue ■ Tamarac, Florida 33321.2401 ■ (954) 724-2450 ■ Fax (954) 724.2408 ■ www•tomarac.org
Equal Opporluniiy Fmployef
IN WITNESS WHEREOF, the parties have made and executed this Agreement
on the respective dates under each signature. CITY OF TAMARAC, through its
Authorized Representative and Ramco-Gershensan Properties, LP, signing by and
through its ___ .President __.-... _ duly authorized to execute same.
Marion Swenson, CMC
City Clerk
Date .. _.
Type/Pririt'Name of Corporate Secy
(CORPORATE SEAL)
CITY OF TAMARAC
Joe Schreiber, Mayor
Date
Jeffrey L. Miller, City Manager
Approved as to form and legal sufficiency -
Mitchell S. Kraft, City Attorney
..Date
rshenshon Properties, LP�O,Oe
amoo-Ge. P ......_.
mpa `y,,Name
Si nature of President.'
DENnlI S C71E�CS� EAf S6 J
Type/Print Name of President/Owner
Date _._.�.__ _._....
tiPnT by: hWMW (itHtSHtNSUN IN(; 2483509925; 09/09/02 12:56; J�"8U#465;Pege 4/4
Gil y 01 rr„n",r;c:
CORPORATE ACKNOWLEDGEMENT
rnleµigu'f
STATE OF FtMtMA
SS
COUNTY OF afg
I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State
aforesaid and in the County aforesaid to take acknowledgments. pervanally appeared �� -76b
NHS �dsd roar"" e,f" a D �WR mMn, pA,�rv4
to me known to be the person(s) described in and who executed the foregoing
instrument and acknowledged before me that he/she executed the same.
WITNESS my hand and official seal this day of Sr#0T�+SEA. , 20
�. A
Si tu�_of 1iotl ry P. Ic
State o 6 /L
ROSEMARY E. CUNNINGHAM
Notary Public, Wayne County, MI
Acting in Oakland County, Mi Print. Type or Stamp
My Commission Expires 02•05-2003
Name of Notary Public
Personally known to me or
Produced Identification
Type of I.D. Produced
❑ DI D take an oath, or
DID NOT take an oath.
RAMCO
F'J"GERSHENSON
'r INCORPORATFI)
April 12, 2006
2-Day DHL
Karen C. Greene
City of Tamarac, Florida
7525 NW 88th Avenue
Room 100 - Finance
Tamarac FL 33321
Re: City of Tamarac, Florida
d/b/a City of Tamarac
Sunshine Plaza, Tamarac FL
Dear Ms. Greene:
A Subsidiary of
Ramco-Gershenson Properties Trust
(NYSE: RIT)
31500 Northwestern Highway
Suite 300
Farmington Hills, MI 48334
248.350.9900 Phone
248.350.9925 Fax
Enclosed for your files are two (2) fully executed original copies of the First Amendment to
Lease by and between Ramco-Gershenson Properties, L.P., a Delaware limited partnership, as
Landlord, and City of Tamarac, Florida, a Florida municipal corporation, for Space C-100 in the
above referenced shopping center.
Sincerely,
6l.
Chris Norat
Retail Leasing Specialist
CN/ca
enc.
cc: ® L. Schiff, Esq. (Ow/enc. / ❑ w/o enc.)
❑ G. Aidenbaum (w/enc.)
® G. Walllek (w/enc.)
❑ J. Balsinger (w/enc.)
❑ J. Sutschek (w.enc. on ground lease only)
® Records (w/ene.)
FIRST AMENDMENT TO LEASE
THIS FIRST AMENDMENT TO LEASE, dated the tea` day of
2006, is made between RAMCO-GERSHENSON PROPERTIES, L.P., a Delaware limited
partnership, whose address is 31500 Northwestern Highway, Suite 300, Farmington Hills,
Michigan 48334 ("Landlord"), and CITY OF TAMARAC, FLORIDA, a Florida municipal
corporation, whose address is 7525 N.W. 881h Avenue, Room 100-Finance, Tamarac, Florida
33321 ("Tenant"),
WI T NESSETH:
WHEREAS, Landlord, as Landlord, and Tenant, as tenant, entered into a lease dated
September 10, 1999 ("Lease"), covering certain premises located in the retail shopping center
development known as Sunshine Plaza, in Tamarac, Florida; and
WHEREAS, Landlord and Tenant wish to extend the term of the Lease on the terms and
conditions hereinafter set forth.
NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of
which are acknowledged hereby, the parties hereto hereby agree as follows:
1. The term of the Lease hereby is extended for a period of three (3) years, ending
on March 31, 2009. It is understood and agreed that there is no presently existing right to extend
the term of the Lease beyond March 31, 2009.
2. Notwithstanding anything to the contrary contained in the Lease, the annual rental
payable pursuant to Paragraph 5 of the Lease:
(a) for the one (1) year period commencing on April 1, 2006, shall be
$44,676.00 ($3,723.00 per month);
(b) for the one (1) year period commencing on April 1, 2007, shall be
$46,760.88 ($3,896.74 per month); and
(c) for the balance of the term of the Lease (ending on March 31,
2009), shall be $47,406.20 ($3,950.52 per month).
3. Effective with respect to the period commencing on April 1, 2006, the provisions
of Sub -part g) of the Introductory Provisions of the Lease which provide for increases in rent
based on CPT, hereby are deleted from the Lease.
4. The Lease, as herein amended, hereby is ratified and confirmed by the parties
hereto and shall remain in full force and effect.
5. This First Amendment to Lease shall be binding upon and inure to the benefit of
the parties hereto and their respective successors, successors in interest and assigns.
IN WITNESS WHEREOF, the parties hereto have hereunto set their hands as of the
day and year first above written.
WITNESSES:
RAMCO-GERSHENSON PROPERTIES, L.P.,
a Delaware limited partnership
By: Ramco-Gershenson Properties Trust,
a Maryland real estate investment trust
Its eneral Partner
LE
Its: PRESIDENk&CEO
By:
SENIOR VICE PRESIDENT
ASSET MANAGEMENT
'4 .
"Landlord"
CITY OF TAMARAC, FLORIDA,
a Florida municipal corporation
r
Mayor
City Manager
"Tenant"
ACKNOWLEDGMENT OF LANDLORD
STATE OF MICHIGAN )
) ss.
COUNTY OF OAKLAND )
On this I2 day of b&24..— _, 2006, before me personally appeared
and LVI Z. SVU-,l,fA+,r1tJ , to me personally known,
who, being by me duly sworn, did say that they are, respectively, the -P9-e5 4-,(4 0 and
40 06C M10 of Ramco-Gershenson Properties Trust, a Maryland real estate
investment trust, the general partner of Ramco-Gershenson Properties, L.P., a Delaware limited
partnership, and that said instrument was signed in behalf of said limited partnership and said
signatories acknowledged before me said instrument to be the free act and deed of said limited
partnership.
CHRIS Aiip IBEE
NOTARY PUSIX, STATE OF MI
COUNTY OF OAKLA ND
MY COMMISSION EXPIRES Aug 11, 2012
ACTING IN COUNTY OF O _ /6L-�
-- 0,
Print Name:—C4PA97
Notary Public, State of Michigan
County of
My Commission Expires: i 2—
Acting in the County of
2
w
ACKNOWLEDGMENT OF TENANT
STATE OF A U r 1 d o. )
) ss.
COUNTY OF 6n ward )
On this A9,— day of MQrr.,h , 2006, before me personally appeared
13e,-Fh 1 a I a bis GO and , to me
personally known, who, being by me duly sworn, diA each for himself say that they are,
respectively, the mc3.rur and
of City of Tamarac, Florida, a Florida municipal corporation, the corporation nam.d in and
which executed the within instrument, and that the seal affixed to said instrument is the corporate
seal of said corporation, and that said instrument was signed and sealed in behalf of said
corporation by authority of its board of directors and said MON10(
and C,fu MnnCoe( acknowledged before me said instrument to be the
free act and deed of said corporation.
QA KLAND.1039269.1
Marion Serphos
My Commission DD260279
Print Name:
Notary Public, State of _
County of
My Commission Expires:
Acting in the County of _
3