HomeMy WebLinkAboutR-2003-281 lease for Office Space 2003 RESOLUTION NO. 2003- 281
® A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA,
AUTHORIZING THE CITY MANAGER TO ENTER INTO A LEASE
AGREEMENT IN AN AMOUNT NOT TO EXCEED $1,600.00 PER
MONTH WITH DR. GILBERT BERKEN FOR OFFICE SPACE AT 4
SOUTH FEDERAL HIGHWAY, SUBJECT TO ANNUAL
APPROPRIATION APPROVAL BY THE CITY COMMISSION;
AUTHORIZING THE LEASE OF THE OFFICE SPACE UNTIL SUCH
TIIME AS THE CITY IS ABLE TO PROVIDE PERMANENT OFFICE
SPACE; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City Commission determined at its meeting on October 14, 2003, that
additional office space was needed at City Hall to provide such space for the City Attorney to be
brought "in-house" for the City; and
WHEREAS, the City Commission expressed a desire to provide permanent office space
and after it was determined that it was not feasible to build offices in the City Administrative
Building Atrium, the City Manager was directed to locate office space "off-site", if necessary, and
WHEREAS, the City Manager has located potential office space at 4 South Federal
Highway;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
DANIA BEACH, FLORIDA:
Section 1. That the City Manager is authorized to enter into a lease agreement for
office space with Dr. Gilbert Berken, 4 South Federal Highway, for a period of time until the City
is able to provide permanent office space, in an amount not to exceed $1600.00 per month,
subject to annual appropriation approval by the Commission.
RESOLUTION NO. 2003-281
Section 2. That the City Manager and City Attorney are authorized to make minor
revisions to the lease agreement as are deemed necessary and in the best interest of the
citizens of Dania Beach.
Section 3. That this Resolution shall be in force and take effect immediately upon its
passage and adoption.
PASSED AND ADOPTED on December 8, 2003.
144
OB AN N
MAY — COMMISSIONER
EUL
ATTEST: ROLL CALL:
COMMISSIONER CHUNN - YES
COMMISSIONER FLURY - YES
CHARLENE JOHN N COMMISSIONER MIKES - YES
CITY CLERK VICE-MAYOR MCELYEA - YES
MAYOR ANTON - YES
APPROVED AS TO FO M AND CORRECTNESS:
BY: "
TH M J. ANSBRO
CITY TTORNEY
RESOLUTION NO. 2003-281
BUSINESS LEASE
THIS AGREEMENT entered as of this first day of February, 2004, between GILBERT H.
13ERKEN and MAGDALEN R. BERKEN, his wife ("Lessor'), and the CITY OF DANIA BEACH,
FLORIDA, a municipality in the County of Broward, State of Florida ("Lessee").
WITNESSETH:
That the said Lessor does this day lease Unto said Lessee, and said Lessee does hereby hire and take as
Lessee under said Lessor, that certain space known as the first floor, South Suite, as set forth on Exhibit
'A' attached hereto and known as 4 South Federal Highway, Dania Beach, Florida 33004 ("Demised
Premises"), for a term of two (2) years to be used and occupied by the Lessee for municipal offices and
for no other purposes or uses whatsoever, subject and conditioned on the provisions of this lease
("Lease"). This lease shall commence on February 1, 2004 and shall end on January 31, 2006.
The agreed first month rental shall be $800.00.
The agreed monthly rental shall be $1,600.00.
The total rental for the 24 month rental period is $37,600.00.
That simultaneously with the execution of this Lease, Lessee will deposit with Lessor the sum of
5800.00, which represents the first month's rent due February 1 , 2004.
Lessor shall pay all real estate taxes water and sewer, garbage removal and shall pay for fire and
extended coverage insurance on the Demised Premises.
All payments shall be made to the Lessor on the first day of each and every month in advance without
demand at the offices of Lessor. 1700 South Ocean Boulevard, Apt. 15-C, Lauderdale-By-The-Sea,
Florida 33062-7821, or to such place and to such other person as the Lessor may from time to time
designate in writing.
Lessee agrees to pay promptly all rent, additional rent and other charges that accrue under the Lease. If
any rent or other charges shall remain unpaid and not postmarked on or before five (5) days after the
same become due and payable, without waiving such default or any other available rights and remedies,
Lessor shall be entitled to a late fee or upon issuance of a check returned for insufficient funds, the sum
of S 100.00 on each occurrence. In addition, Lessee shall reimburse Lessor upon request for all costs
incurred by Lessor in the enforcement of any of the provisions of this Lease and/or the collection of any
sums due Lessor under this Lease (including, without limitation, collection agency fees and reasonable
attorneys' fees and cost through all appellate actions and proceedings, if any).
The Lessor and Lessee agree that the Lessor shall lease the Demised Premises to Lessee in an "as-is"
condition and the Lessee agrees to accept the Demised Premises from the Lessor in an "as-is" condition.
"As-is" condition shall include restroom facilities modified to comply with the American with Disability
Act requirements by the Lessor prior to acceptance of the premises by the Lessee. Lessor shall be
responsible for all roof and structural repairs and the exterior of the building. Lessee shall be responsible
for the cost of the build-out of the interior of the demised premises in order to create an office suite.
4 S. Federal Lease 1
The responsibility for maintenance and repair of "in-situ" mechanical systems (plumbing, air
conditioning and mechanical pipes/wiring, etc. within the walls of the structure or infrastructure outside
of the structure) is that of the Lessor. The normal maintenance of the interior electric, air conditioning,
® mechanical, and plumbing devices in the course of normal business operation is the responsibility of the
Lessee. The Lessee shall also be responsible for all plumbing, electrical, mechanical, and air
conditioning equipment during the term of this Lease with an out of pocket expense limitation not to
exceed $300.00 per service call (parts and labor) or $1,000.00 for each system per year. Documentation
of out of pocket costs to be provided on request to the Lessor. Such calls shall include service work
performed by the Lessee's maintenance personnel at an equivalent cost basis. Any cost above the
$1000.00 per system per year shall be paid for by the Lessor.
It shall be the responsibility of the Lessee to notify the Lessor of required repairs when the cost would
exceed the herein stated limits.
The parties hereto for themselves, their heirs, distributees, executors, administrators, legal
representatives, successors, and assigns, hereby covenant and agree as follows:
1. Lessee will pay the rent herein reserved at the times and in the manner aforesaid, and
should said rent herein provided at any time remain due and unpaid for a space of fifteen (15) days after
same shall become due, the Lessor may, at Lessor's option consider the Lessee a tenant at sufferance
and Lessor may immediately re-enter upon said premises.
2. Lessee will pay all charges for gas, electricity and other illumination and power, used
upon and in connection with the said demised premises not more than ten (10) days after the same shall
®
become due and payable. At the Lessor's option, any repairs exceeding the above-described limits may
be performed by the Lessor and may be charged to the Lessee.
3. Lessee may not assign Lessee's interest on this lease, nor sublet the whole or any part of
said premises, nor shall the same be used for any purpose other than municipal offices without first
having obtained the written consent to such assignment or subletting, or to such change of purpose for
the use of the premises, from the Lessor, which consent shall not be unreasonably withheld, and the said
Lessee further covenants that the said premises will not be used for any purpose that will invalidate any
policies of insurance now or hereafter written on the building on which said premises are located, or will
cause the increase of the rate of premium thereof.
4. To use said premises in accord with all federal, state, county or municipal laws and
ordinances now or hereinafter applicable.
5. Lessee shall not permit or suffer any unreasonable noise, disturbance or nuisance
whatsoever on said premises detrimental to same or annoying to the neighbors. Lessee acknowledges
that the premises have been received in thoroughly good order, tenantable condition and repair, of which
the execution of this lease, or taking possession hereunder shall be conclusive evidence; that no
representation as to the condition of said premises have been made by the Lessor, or Lessor's agents,
and that no obligation as to the repairing, adding to, or improving said premises has been assumed by the
Lessor, except as herein provided, and that no oral arrangements have been entered into in consideration
of making this lease and that said lease contains a full statement of the obligations of both parties hereto.
4 S. Federal Lease 2
6. Lessee will keep in good, sound, clean, tenantable condition and repair during the
continuation of the term herein described the interior of said demised premises, and will not suffer or
permit any injury or abuse of demised premises. Lessee shall, at Lessee's expense, cause the demised
premises to be regularly exterminated, to the satisfaction of Lessor and shall employ such exterminators
and such exterminating company or companies as shall be approved by Lessor. Any major infestation of
vermin shall be the responsibility of the Lessor. The water and wash closets and other plumbing fixtures
shall not be used for any purpose other than those for which they were designed or constructed, and no
sweepings, rubbish, rags, acids, or like substances shall be deposited therein.
7. Lessee will not make any alterations or changes in the demised premises without the
written consent of the Lessor, which shall not be unreasonably withheld. All additions, fixtures, and
permanent improvements, shall be and remain a part of the premises at the expiration of this lease.
8. Lessor, or Lessor's agent, may at any reasonable time enter and view said premises, and
make repairs, if Lessor should elect to do so.
9. If prior to, or on the commencement date of this lease, or if at any time during the terms
hereby demised, there shall be filed by or against Lessee in any court, pursuant to any statute either of
the United States or of any State, a petition of bankruptcy or insolvency or for reorganization or seeking
an arrangement with Lessee's creditors, or for the appointment of a receiver or trustee of all or a portion
of Lessee's property, and within thirty (30) days thereof Lessee fails to secure a discharge thereof, or if
Lessee makes an assignment for the benefit of creditors or petitions for or enters into an arrangement
with creditors, this lease, at the option of Lessor, may be cancelled and terminated and in which event
neither Lessee nor any person claiming through or under Lessee by virtue of any statute or of an order of
any court shall be entitled to possession or to remain in possession of the premises demised but shall
forthwith quit and surrender the premises, and in addition, Lessor may exercise the other rights and
remedies Lessor has by virtue of any other provision in this lease contained or by virtue of any statute or
rule of law.
10. Lessee shall not abandon, vacate or remove the major portion of the goods, wares and
merchandise usually kept on said premises when the same is open for business nor shall Lessee cease
doing business in said premises.
11. Upon the performance by the Lessee of all the covenants and agreements hereinabove set
forth, in case the demised premises, or any part thereof, shall at any time be destroyed or so damaged by
fire or other elements as to be unfit for occupancy or use by the Lessee, then and in that event, the
Lessor shall have the option (1) to terminate this lease, (2) to repair and rebuild the said premises,
remitting rents hereby reserved, or a fair and just proportion thereof, according to the damage sustained,
until the said premises are reinstated and made fit for occupancy and use. In the event the Lessor elects
to exercise his option to repair and rebuild, the same shall be done and completed within a reasonable
time. In any event, the Lessor shall notify the Lessee, within thirty days of the destruction or damage, of
Lessor's decision to either terminate this lease or repair or rebuild.
12. Lessee assumes all risk of any damage to Lessee's property that may occur by reason of
water or the bursting or leaking of any pipes about said premises, or from any act of negligence of any
co-tenant or occupants of the building, or of any other person, or fire, or hurricane, or other act of god,
or from any cause whatsoever. These risks are to be undertaken in the form of insurance by Lessee in
their insurance coverage of the demised premises. The Lessee may, at its option, insure its interest in the
Lease.
4 S. Federal Lease 3
13. In the interest of having a uniform system of lettering and display signs on all of the
stores in the building of which the demised premises are part, Lessee shall not attach any signs to the
premises, or place any lettering on the plate glass windows, unless such signs and such lettering be of a
® type, kind, character and description to be approved by the Lessor. Lessor shall not unreasonably
withhold approval.
14. If the said Lessee shall occupy said premises with or without the consent of the Lessor
after the expiration of this lease, and rent is accepted from said Lessee, such occupancy and payment
shall be construed as an extension of this lease for the term to one month only from the date of such
expiration; and occupation thereafter shall operate to extend the lease from month to month only unless
other terms of such extension are endorsed herein or hereon in writing and signed by the parties hereto.
15. Lessee shall indemnify and save harmless Lessor from and against any and all claims,
suits, actions, damages, and/or causes of action arising during the term of this lease for any personal
injury, loss of life and/or damage to property sustained in or about the leased premises, by reason of, or
as a result of the Lessee's occupancy thereof, and from and against any orders, judgments, and/or
decrees which may be entered thereon, and from and against all costs, counsel fees, expenses and
liabilities incurred in and about the defense of any such claim and the investigation thereof, provided,
however, that before said Lessee shall become liable for any of said costs, counsel fees, expenses and
liabilities, Lessee shall be given notice in writing that the same are about to be incurred and shall have
the option itself to make the necessary investigation and employ counsel of Lessee's own selection but
satisfactory to the Lessor, for the necessary defense of any claims. Lessee further covenants and agrees
to provide policies of insurance generally known as public liability policies, and/or owners, landlord and
tenant policies, and all other types of policies necessary or proper insuring the Lessee and Lessor against
® all claims and demands made by any person or persons whatever for injuries received in connection with
the operation and maintenance of the demised premises and the business operated therein by Lessee, to
the extent of not less than THREE HUNDRED THOUSAND DOLLARS ($300,000.00) to cover claim
of damage from any single or specific cause by any one person, and to the extent of not less than FIVE
HUNDRED THOUSAND DOLLARS ($500,000.00) to cover, in connection with any one particular
accident or occurrence, the total aggregate of claims that may arise or be claimed to have arisen against
the Lessor or Lessee as aforesaid.
16. This lease shall be subject and subordinate to any mortgage or ground lease now on the
premises, or which may hereafter be made on account of any bona fide loan to be placed on said
premises by the Lessor to the full extent of all debts and charges secured thereby; and to any renewals
and extensions of all or any part thereof, which said Lessor may hereafter at any time elect to place on
said premises, and said Lessee agrees upon request to hereafter execute any paper or papers which
counsel for the Lessor may deem necessary to accomplish that end, and in default of the Lessee's so
doing, the Lessor is hereby empowered to execute such paper or papers in the name of the Lessee and as
the act and deed of said Lessee and this authority is declared to be coupled with an interest and is not
revocable.
17. At the expiration of said term, said Lessee shall quietly and peaceably deliver said
premises to the Lessor in the same repair and condition in which they were received, wear and tear
excepted, broom cleaned.
4 S. Federal Lease 4
18. Upon the performance by Lessee of all the conditions hereinabove set forth on the part of
the Lessee to be kept and performed, Lessee may quietly have, hold, occupy and use the above described
premises without interruption by the Lessor; provided that, upon the breach of any of the covenants,
conditions and stipulations herein contained to be kept and performed by the Lessee, this lease may be
terminated and/or the Lessor may exercise any of the options herein provided for the Lessor's benefit in
case of default on the part of the Lessee.
19. Lessor will keep the exterior roof and walls of the building in which the demised
premises are situated in good repair, but the Lessee , when having knowledge of any damage, shall give
to the Lessor seven (7) days written notice of needed repairs and the Lessor shall have a reasonable time
thereafter to make them.
20. (a) If Lessee defaults in fulfilling any of the covenants of this lease other than the
covenants for the payment of rent or additional rent, then, in any one or more of such events, upon
Lessor's serving a written five (5) days' notice upon Lessee specifying the nature of said default and
upon the expiration of said five (5) days, if Lessee shall have failed to comply with or remedy such
default, or if the said default or omission complained of shall be of such a nature that the same cannot he
completely cured or remedied within said five (5) day period, and if Lessee shall not have diligently
commenced curing such default within such five (5) day period, and shall not thereafter with reasonable
diligence and in good faith proceed to remedy or cure such default, then Lessor may serve a written
three (3) days' notice of cancellation of this lease upon Lessee, and upon the expiration of said three (3)
days, this lease and the term hereunder shall end and expire as fully and completely as if the date of
expiration of such three (3) day period were the day herein definitely fixed for the end and expiration of
this lease and the term thereof and Lessee shall then quit and surrender the demised premises to Lessor
• but Lessee shall remain liable as hereinafter provided.
(b) If the notice provided for in (a) hereof shall have been given, and the term shall
expire as aforesaid; or
(i) if Lessee shall make default in the payment of the rent reserved herein or any item
of additional rent herein mentioned or any part of either or in making any other payment herein
provided; or
(ii) if any execution, attachment or other process shall be issued against Lessee or any
of Lessee's property whereupon the demised premises shall be taken or occupied or attempted to be
taken or occupied by someone other than Lessee; or
(iii) If Lessee shall make default with respect to any other lease between Lessor and
Lessee; or
(iv) if Lessee shall fail to move into or take possession of the premises within fifteen
(15) days after commencement of the term of this lease, of which fact Lessor shall be the sole judge;
then and in any of such events Lessor may without notice, re-enter the demised premises either by force
or otherwise, and dispossess Lessee and the legal representative of lessee or other occupants of demised
premises by summary proceedings or otherwise, and remove their effects and hold the premises as if this
lease had not been made, and Lessee hereby waives the service of notice of intention to re-enter or to
i
nstitute legal proceedings to that end; or else Lessor may, at Lessor's option, elect to declare the entire
ent for the balance of the term, or any part thereof, due and payable forthwith; or else Lessor may take
possession of the premises and rent the same for the account of the Lessee; or else exercise such other
4 S. Federal Lease 5
remedy provided by law or this lease. If Lessee shall make default hereunder prior to the date fixed as
the commencement of any renewal or extension of this lease, Lessor may cancel and terminate such
renewal or extension agreement by written notice.
• 21. The failure of the Lessor in one or more instances to insist upon strict performance
p p rmance or
observance of one or more of the covenants or conditions hereof or to exercise any remedy, privilege or
option herein conferred upon or reserved to the Lessor, shall not operate or be construed as a
relinquishment or waiver for the future of such covenant or condition or of the right to enforce the same
or to exercise such privilege, option, or remedy, but the same shall continue in full force and effect. The
receipt by the Lessor of rent, or additional rent or any other payment required to be made by the Lessee,
or any part thereof, shall not be a waiver of any other additional rent or payment then due, nor shall such
receipt, though with knowledge of the breach of any covenant or condition hereof, operate as or be
deemed to be a waiver of such breach, and no waiver by the Lessor of any of the provisions hereof, or
any of the Lessor's rights, remedies, privileges or options hereunder shall be deemed to have been made
unless made by the Lessor in writing. If the Lessor shall consent to the assignment of this lease or to a
subletting of all or a part of the demised premises, no further assignment or subletting shall be made
without the written consent of the Lessor first obtained. No surrender of the demised premises for the
remainder of the term hereof shall be valid unless accepted by the Lessor in writing.
22. Any charges against the Lessee by the Lessor for services or for work done on the
premises by other of the Lessee or otherwise accruing under this lease which are known by the Lessee,
shall be considered as additional charges due and shall be included in any lien for rent due and unpaid.
23. All merchandise, boxes, furniture, etc., shall be placed in the premises upon delivery and
the exterior will he kept free of merchandise, boxes, furniture, refuse and debris at all times.
24. Time is of the essence of this agreement and this applies to all the terms, covenants and
conditions continued herein.
25. (a). Whenever notice is required to be given hereunder it is agreed that written notice
mailed or delivered to the premises leased hereby shall constitute sufficient notice to the Lessee, and
written notice mailed or delivered to the Lessor at the place last designated as the place at which rental
payments are to be made shall constitute sufficient notice to the Lessor. Where the Lessor or Lessee
shall consist of more than one party, notice to one shall constitute notice to all.
26. (b). Lessee shall keep the Demised Premises free and clear of all liens and
assessments. If any such liens or assessments are placed on the Demised Premises and are not removed
by Lessee within 20 days of when they were filed, then this shall constitute a default under this Lease.
27. In the event Lessor is joined as a party in any lawsuit or other legal proceeding or
legislative or executive hearing arising out of or because of this lease, or the occupation of the Lessee
hereunder, or in the event Lessee defaults in any of the terms or conditions of this lease and by reason
therefore the Lessor employs the services of an attorney to enforce performance thereof, or to evict the
Lessee, or to collect monies due by the Lessee, or to perform any service based upon said default, then,
in any of said events, whether suit be brought or not, the Lessee agrees to pay a reasonable attorney's fee
and all expenses and costs incurred by the Lessor pertaining thereto or in the enforcement of any remedy
Ovailable to the Lessor.
4 S. Federal Lease 6
28. The parties hereto shall and they hereby do waive trial by jury in any action, proceeding
• or counterclaim brought by either of the parties hereto against the other or any matters whatsoever
arising out of or in any way connected with this lease, the relationship of Lessor and Lessee, Lessee's
use or occupancy of said premises, and/or any claim of injury or damage, and any emergency statutory
or any other statutory remedy.
29. If the whole or any part of the demised premises shall be acquired or condemned by
Eminent Domain for any public or quasi-public use or purpose, then and in that event, the term of this
lease shall cease and terminate from the date of title vesting in such proceeding and Lessee shall have no
claim against Lessor for the value of any unexpired term of said lease.
30. The terms Lessor and Lessee as herein contained shall include singular and/or plural,
masculine, feminine, and/or neuter, wherever the context so requires or admits.
31. Parking: Lessee shall be entitled to the use of three (3) assigned parking spaces in the
common parking lot shared with other tenants of the building.
32. Lessee will keep the Demised Premises in good, sound, clean, tenantable condition and
repair during the continuation of the term of this Lease.
33. Lessee shall not record this Lease or any memorandum or short form thereof without the
written consent and joinder of Lessor.
34. Special Covenant: As a material inducement for Landlord to enter into this Lease, Lessee
represents and warrants that(a) except as may be permitted by applicable law, throughout the term (i) all
parts of the Demised Premises will be kept free (by Lessee and others) of "Hazardous Materials" (as
hereinafter defined), and (ii) no part of the Demised Premises will be used by Lessee or others to
generate, manufacture, refine, transport, treat, store, handle, dispose of, transfer, produce or process
Hazardous Materi41s, except as to petroleum.and petroleum products, and (b) no activity in, at or from
all or any part of the Demised Premises will cause or contribute to file pollution (by petroleum or
petroleum products, or otherwise) of the Demised Premises in whole or in part or any other property. If
any testing or examination indicates the presence of pollution and/or Hazardous Materials at or about the
demised Premises (Lessee hereby granting Lessor and its agents the right to cause, providing Lessor has
reasonable cause of suspicion, such testing and/or examinations to be made from time to time the
expense of which shall be borne by Lessor), Lessee will have thirty (30) days notice from Lessor to
eliminate same and (to the extent necessary) to restore the Demised Premises to prior condition but with
new non-Hazardous Materials, failing which Lessor may either terminate this Lease on written notice to
Lessee or take all action deemed desirable by Lessor to effect such elimination and (to the extent
necessary) restoration. If Lessor elects the latter, upon request and as additional rent, Lessor will be
entitled to receive from Lessee all costs and expenses in any way associated therewith.
As used herein, the term "Hazardous Materials" means any petroleum, petroleum
products, explosives, radioactive materials, hazardous wastes, hazardous toxic substances, asbestos or
any material containing asbestos, or any other substance or material now or hereafter defined by any
federal, state, local or municipal environmental law, ordinance, rule or regulation.
4 S. Federal Lease 7
In addition thereto, Lessee agrees to use only materials in its business which have been
approved by the Environmental Protection Agency, OSHA, City of Dania Beach, County of Broward
and the State of Florida.
® Lessor herebystates that the Demised Premises are delivered in a clean state with ith no
known pollution and/or hazardous materials in or around the structure and/or grounds.
35. Floors: The building where the Demised Premises are located has finished tiled floors in
good condition. Lessee agrees not to damage said floors in any way, including, but not being limited to
attaching any equipment, machinery, files or any tiles or carpeting with the use of glue or nails.
36. Security: Lessor shall not be required to provide any security whatsoever in on about the
Demised Premises or the surrounding areas including the parking areas. All security for the Lessee,
Lessee's invitees, customers and employees shall be the sole responsibility and at the cost of the Lessee.
37. Severability: If any portion of this Lease shall become invalid or unenforceable, the
remainder of this Lease shall be valid and enforced.
38. Prevailing Party: In the event either party is joined as a party in any lawsuit or other legal
proceeding or legislative or executive hearing arising out of or because of this Lease, or the occupation
of the Lessee hereunder, or in the event either party defaults in any of the terms or conditions of this
Lease and by reason therefor either party employs the services of an attorney to enforce performance
thereof to perform any service based upon said default, then, in any of said events, whether suit be
brought or not, the non-prevailing party agrees to pay a reasonable attorney's fee and all expenses and
costs incurred by the prevailing party pertaining thereto or in the enforcement of any remedy available to
the prevailing party.
39. Radon Gas: Radon is 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.
40. Broker: the parties hereto agree that there is no broker in this transaction.
41. Governing Law: This Lease shall be governed in accordance with the laws of the State of
Florida.
42. Entire Agreement: This Lease contains all of the agreements and understandings of the
parties hereto with respect to any matter covered or mentioned in this Lease, and no prior agreements or
understanding pertaining to any such matters shall be effective for any purpose. There are no
representations, warranties, or agreements of any kind except as expressly set forth herein. No provision
of this Lease may be amended or added to except by an agreement in writing signed by the party against
whom enforcement is sought. This Lease shall not be effective or binding on any party until fully
executed by both parties hereto.
•
4 S. Federal Lease 8
IN WITNESS WHEREOF, the parties hereto have signed and delivered this Lease as of the day and
year first above-written.
•
Signed, sealed and delivered
LESSOR:
GILBERT H. BERKEN
MAGDALEN R. BERKEN
LESSEE: --�
ROBERT ANTON. MayodCommissioner
IVAN PATO, City Manager
v
CITY OF DANIA BEACH, FLORIDA
A FLORIDA MUNICIPALITY
City Clerk
Approved as to form and correctness:
THOMAS ANSBRO, City Attorney
4 S. Federal Lease 9
ADDENDUM TO BUSINESS LEASE
BETWEEN
GILBERT H. BERKEN AND MAGDALEN R. BERKEN, HIS WIFE
AND
THE CITY OF DANIA BEACH, FLORIDA
IN REFERENCE TO
4 SOUTH FEDERAL HIGHWAY, DANIA BEACH, FLORIDA
The parties entered into a Business Lease ("Lease") with a term beginning and effective on
February 1, 2004. The parties wish to clarify certain provisions in the Lease. For the same
consideration identified in the Lease, it is understood and agreed between the above-referenced
parties that:
1. Page 1, last unnumbered paragraph: the parties agree that the second sentence
(pertaining to the "as is" condition of the premises and restrooms to be modified
to meet the Americans with Disabilities Act) is deleted in its entirety.
2. Lessor shall modify the existing bathroom to meet the Americans with Disability
Act requirements. Lessor shall complete such modifications in as expeditious a
manner as is possible, in accordance with the plans to be provided by the City of
Dania Beach, Florida.
® 3. Page 2, top paragraph of the page pertaining to repairs of the premises, is revised
to add the following provisions:
For any of such foregoing repairs for which Lessee is responsible, Lessee agrees
to provide notice to Lessor if any such repair is or may be expected to exceed
S300.00 for a service call. Lessor shall have the opportunity to undertake the
repair at its expense and Lessee agrees to reimburse Lessor for repair costs, per
service call, up to $300.00 per each such call, not to exceed the above-specified
maximum expense to Lessee of S1,000.00 per system per year.
4. In all other respects, except as clarified above, the Lease is ratified and
reaffirmed.
IN WITNESS WHEREOF, the parties hereto have signed and delivered this Addendum to the
Lease, effective on and retroactive to February 1, 2004.
LESSOR:
r
�L_ GILBERT H. BERKEN
i` L'✓ !��~' '� - MAGDALEN R. BERKEN
1
LESSEE:
f ROBERT ANTON, Mayor/Commissioner
IVAN PATO City Manager
er
v'
CITY OF DANIA BEACH, FLORIDA
A FLORIDA MUNICIPALIT
City Clerk
Approved as to form and correctness:
THOMAS ANSBRO, City Attorney
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