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CC-17-2156 (2)
Miami Shores Village 10050 N.E. 2nd Avenue NE Miami Shores, FL 33138-0000 Phone: (305)795-2204 Project Address Permit Parcel Number Permit, NO, GC-8-17-2156 Permit Type: Commercial Construction Work Classification: Alteration Permit Stattas: APPROVED Expiration: 10/23/2018 Applicant 9501 NE 2 Avenue Miami Shores, FL 33138- 1132060133920 Block: Lot: DVS LLC • Owner Information Address Phone Cell DVS LLC 201 NE 95 Street MIAMI FL 33138- (305)756-3711 201 NE 95 Street MIAMI FL 33138- Contractor(s) SOUTH FLA RESTORATION INC Phone (305)651-9660 Cell Phone Valuation: Total Sq Feet: $ 39,174.50 6000 Approved: In Review Comments: Date Approved: : In Review Date Denied: Type of Construction: INTERIOR RENOVATION Stories: Front Setback: Left Setback: Plans Submitted: Yes Certification Date: Bond Return : Scanninq: 17 Occupancy Load: Exterior: Rear Setback: Right Setback: Certification Status: Additional Info: Classification: Residential Fees Due CCF CO/CC Fee DBPR Fee DCA Fee Education Surcharge P&Z Review Fee P&Z Review Fee Permit Fee Plan Review Fee (Engineer) Scanning Fee Technology Fee Total: Amount $24.00 $200.00 $17.63 $11.76 $8.00 $0.00 $50.00 $1,175.24 $120.00 $51.00 $32.00 $1,689.63 Pay Date Pay Type Invoice # CC-8-17-64992 08/25/2017 Check #: 113 04/26/2018 Check #: 0259 Amt Paid Amt Due $ 200.00 $ 1,489.63 $ 1,489.63 $ 0.00 Available Inspections: Inspection Type: Final PE Certification Window Door Attachment Tie Beam Slab Termite Letter Framing Store Front Attachment Insulation Drywall Screw Fill Cells Columns Window and Door Buck Ceiling Grid Review Planning Review Electrical Review Electrical Review Electrical Review Plumbing Review Building Review Building Review Building Review Building Review Mechanical Review Mechanical Review Planning Review Planning Review Structural Review Structural In consideration of the issuance to me of this permit, I agree to perform the work covered hereunder in compliance with all ordinances and regulations pertaining thereto and in strict conformity with the plans, drawings, statements or specifications submitted to the proper authorities of Miami Shores Village. In accepting this permit I assume responsibility for all work done by either myself, my agent, servants, or employes. I understand that separate permits are required for ELECTRICAL, PLUMBING, MECHANICAL, WINDOWS, DOORS, ROOFING and SWIMMING POOL work. OWNERS AFFIDAVIT: I certify that all the foregoing information is accurate and that all work will be done in compliance with all applicable laws regulating constructiorya. zoning. Fut cbbthe mor. llauthorize the above -named contractor to do the work stated. April 26, 2018 Date Authorized Signature: Owner Applicant / Contractor / Agent April 26, 2018 1 Miami Shores Village 10050 N.E. 2nd Avenue NE Miami Shores, FL 33138-0000 Phone: (305)795-2204 Project Address Perrmmit NO. CC-8-17-2156 Permit Type: Commercial Construction Work Classification: Alteration Perrmmit Status: APPROVED Issue Date: 4/26/2018 Expiration: 10/23/2018 Parcel Number Applicant 9501 NE 2 Avenue Miami Shores, FL 33138- 1132060133920 Block: Lot: DVS LLC Owner Information. Address Phone Cell DVS LLC 201 NE 95 Street MIAMI FL 33138- (305)756-3711 201 NE 95 Street MIAMI FL 33138- Contractor(s) Phone SOUTH FLA RESTORATION INC (305)651-9660 CeII Phone Valuation: Total Sq Feet: $ 39,174.50 6000 Approved: In Review Comments: Date Approved: : In Review Date Denied: Type of Construction: INTERIOR RENOVATION Stories: Front Setback: Left Setback: Plans Submitted: Yes Certification Date: Bond Return : Scanning: 17 Occupancy Load: Exterior: Rear Setback: Right Setback: Certification Status: Additional Info: Classification: Residential Fees Due CCF CO/CC Fee DBPR Fee DCA Fee Education Surcharge P&Z Review Fee P&Z Review Fee Permit Fee Plan Review Fee (Engineer) Scanning Fee Technology Fee Total: Amount $24.00 $200.00 $17.63 $11.76 $8.00 $0.00 $50.00 $1,175.24 $120.00 $51.00 $32.00 $1,689.63 Pay Date Pay Type Amt Paid Amt Due Invoice # CC-8-17-64992 08/25/2017 Check #: 113 $ 200.00 $ 1,489.63 04/26/2018 Check#: 0259 $ 1,489.63 $ 0.00 Building Department Copy Available Inspections: Inspection Type: Final PE Certification Window Door Attachment Tie Beam Slab Termite Letter Framing Store Front Attachment Insulation Drywall Screw Fill Cells Columns Window and Door Buck Ceiling Grid Review Planning Review Electrical Review Electrical Review Electrical Review Plumbing Review Building Review Building Review Building Review Building Review Mechanical Review Mechanical Review Planning Review Planning Review Structural Review Structural April 26, 2018 2 Address: Miami Shores Village Building Department 10050 N.E.2nd Avenue, Miami Shores, Florida 33138 Tel: (305) 795-2204 Fax: (305) 756-8972 INSPECTION LINE PHONE NUMBER: (305) 762-4949 BUILDING PERMIT APPLICATION 7fJIJILDING ❑ ELECTRIC ❑ ROOFING PLUMBING ❑ MECHANICAL ❑PUBLIC WORKS JOB ADDRESS: —i 539 klt. 2":‘ AVE. RECEIVED JAN 2 2, 7n18 ti-(1 FBC'201 Master Permit No. ❑ REVISION Sub Permit No. ❑ EXTENSION ❑RENEWAL ❑ CHANGE OF ❑ CANCELLATION ❑ SHOP CONTRACTOR DRAWINGS City: Miami Shores County: Miami Dade Zip:33 )3 8 Folio/Parcel#: 1 1— 320(0- 613- 2,916 Is the Building Historically Designated: Yes NO Occupancy Type: Load: Construction Type: Flood Zone: OWNER: Name (Fee Simple Titleholder): D ►Y �f ✓ `e Phone#: -4) �6X ' 5 J 211,61 p1 BFE: FFE: City: State: Zip: i3 Tenant/Lessee Name: 5 9(1 ' c Lt- Email: CONTRACTOR: Company Name: `-'"`J `' ' Address: (0115 NW 1 UO`" St. City: MI W1 State: "Ft , .Qualifier Nam e:'ba' l d Z Qilr c tCoiz Phone#: cjsa�'State Certification or Registration #: CC C 45 Certificate of Competency #: DESIGNER: Architect/Engineer: Phone#: Address: ity: .4 39 /7 • e O Value of Work for this Permit: $ � 1 a3 . Square/Linear Footage of Work: R Typeof;Work: ❑ Addition Alteration ❑ New ❑ Repair/Replace ❑ Demolition Description of Work: 1 Phone#: 1)cSir -IofPhone(30s)k51_gloW VCI i ICt (qSU ) CIS b ASg Zip: 33 ) State: Zip: Zip: r Or%' i(-r t)CtA-iat) Specify color of color thru tile: Submittal Fee $ Permit Fee $ 1 ' CCF $ t -1-(7) Scanning Fee $ t CJ7 Radon Fee $ DBPR $ Technology Fee $ 2, O' Training/Education Fee $ Structural Reviews $ 120 • (X) ' co (Revised02/24/2014) cik CO/CC$ 2/5)• OD Notary $ Double Fee $ Bond $ TOTAL FEE NOW DUE $ ° 63 r FF �p 1 Bonding Company's Name (if applicable) '-_' / x Bonding Company's Address City , I : State Zip • 7 Mortgage Lender's Name (if applicable) 1. j Mortgage Lender's Address City State Zip Application is hereby made to obtain a permit to do the work and installations as indicated. I certify that no work or installation has commenced prior to the issuance of a permit and that all work will be performed to meet the standards of all laws regulating construction in this jurisdiction. I understand that a separate permit must be secured for ELECTRIC, PLUMBING, SIGNS, POOLS, FURNACES, BOILERS, HEATERS, TANKS, AIR CONDITIONERS, ETC OWNER'S AFFIDAVIT: I certify that all the foregoing information is accurate and that all work will be done in compliance with all applicable laws regulating construction and zoning. "WARNING TO' OWNER: YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS'TO YOUR PROPERTY:' IF`YOU INTEND TO OBTAIN FINANCING, CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE RECORDING YOUR NOTICE OF COMMENCEMENT." )i ) Notice to Applicant: As a condition to the issuance of a building permit with an, estimated value exceeding $2500,1' the applicant must promise in good faith that a copy of the notice of commencement and construction lien law brochure will be delivered to the person whose property is subject to attachment. Also, a certified copy of the recorded notice of commencement must be posted at the job site for thefirst inspection which occurs seven(7)days after the buildiri ; p y ft g;permit•is�issued.r In the absence of such posted notice, the ee will be charged. inspection will not be a Sig atur ,, OWNED or AGENT The °.regoing i ttrument was acknowledged before me this day of ,20 ,by. ITSCI' (. GC14%?'lt, who is personally known to or who has produced = //rl l/Z'Y�� as ntification and who did take an oath. E• TARY PUBLIC: ,-i nt: ******************************** APPROVED BY 01- Signature' �'~ ^ CONTRACTOR 'q The foregoing instrument was acknowledged before me this j�. day of J(ANI Vdi-e-j , 20 vavi(J) 11;1G1(O/ l (—r - , who is personally me or who has produced btive -s identification and who did take an oath. . ^ C v NOTARY PUBLIC: Sigri: Print: Seal: T ****************************************************s****************** Plans Examiner Structural Review Zoning Clerks r (Revised02/24/2014) ' South Florida Restoration, Inc. FLORIDA STATE LICENCE GENERAL CONTRACTOR OLD SCHOOL VALUES SINCE 1985 675 NW 116th Street Miami, FL 33168 Phone # 305-651-9660 Name / Address Cykle Jab 9537 NE 2nd Ave. Miami Shores, FL 33138 Fax # 305-651-8485 Estimate Date Estimate # 4/20/2018 5940E-RI Ship To Agent Description South Florida Restoration, Inc. to complete plans by Architect Victor]. Bruce Cykle Jab as per the following specs: Cover and Protect / Barriers Demolition Dumpster Low Partition 12' Partition 36' Partition -15' Interior and Exterior Doors Locks Plus Backing -Lights -TV Drywall Ceiling Partition Wood Cap insulation 3" Fur Channels Fire Caulk . -- Electrical .�Aii Conditioning -J —.'P1 binges 6" Concrete Slab 13'x8' Termite Spray Frame 18 ga. A.C. Supports Final Clean Up Drywall Soft-12'x4' - Frame down with metal studs, new soffit, frame end of soffit to hide L.E.D> tape light. Drywall. corner bead. tape and finish ready for paint. Page 1 Cost JAY Qty Total 1,620.00 1.552.50 843.75 702.00 7,560.00 1,944.00 3,497.00 645.00 742.50 6,122.25 567.00 1.080.00 5.130.00 540.00 127155.50 17.077.50 4,370.00 3,071.23 405.00 708.73 438.75 2,004.73 ITotal 1,620.00 1,552.50 843.75 702.00 7,560.00 1,944.00 3,497.00 645.00 742.50 6,122.25 567.00 1.080.00 5,130.00 540.00 12; 155.501 17,077.50 _ 4,370.00 3,071.25 405.00 708.75 438.75 2,004.75 l 7 Z 7 ?7_ �� WALL / U905 2 NR RATING a' I RETAIL 565 S.S. (TO REMAIN) ♦ ♦ 241 EXISTING SIDEWALK ♦ L. LARGE GROUP I 1,610 S.F. (TO REMAIN) / ♦ ♦ ♦ 40 / 0 / 42/ / ✓ I ✓ ✓ 0 or ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ OFFICE 346 S.F. (TO REMAIN) 1 U n U _� -IIQIL 24' / / F.E. (TO REMAIN) ✓ ✓ ✓ ✓ ✓ ✓ TRACK 1,034 S.F. ✓ ✓ ✓ 0 0 CO z -i w EXISTING S' CONCRETE MNS WALL / U9O5 2 4R R4TI ' SPINKESNING BI PUNCH iNG EXISTING SEF /1 Lf®E S4_Efib' PLA SCALE: 1/8" = i'-0" STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD (850) 487-1395 2601 BLAIR STONE ROAD TALLAHASSEE FL 32399-0783 MEMMOTT CHARLES D BY HIS GRACE CONSTRUCTION SERVICES INC 10840 NW 138TH STREET SUITE Al HIALEAH GARDENS FL 33018 Congratulations! With this license you become one of the nearly one million Floridians licensed by the Department of Business and Professional Regulation. Our professionals and businesses range from architects to yacht brokers, from boxers to barbeque restaurants, and they keep Florida's economy strong. Every day we work to improve the way we do business in order to serve you better. For information about our services, please log onto www.myfloridalicense.com. There you can find more information about our divisions and the regulations that impact you, subscribe to department newsletters and learn more about the Department's initiatives. Our mission at the Department is: License Efficiently, Regulate Fairly. We constantly strive to serve you better so that you can serve your customers. Thank you for doing business in Florida, and congratulations on your new license! RICK SCOTT, GOVERNOR LICENSE NUMBER STATE OF FLORIDA DEPARTMENT -OF BUSINESS AND PROFESSIONAL=REGULATION CGC1516455. L < ISSUED- ,08/15/2016 CERTIFIED GENERAL CONTRACTOR MEMMOTT, CHARLESD"w`K'` BY HIS GRACE CONSTRUCTIONaSERVICES IS CERTIFIED under the provisions of Ch.489 FS. Expiration date : AUG 31, 2018 L1608150001617 DETACH HERE KEN LAWSON, SECRETARY STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD The GENERAL CONTRACTOR Named below IS CERTIFIED ,._. Under the provisions of Chapter 489 FS. Expiration date:-AUG 31; 2018 MEMMOTT; CHARLES D "_ ""• /BY'HIS`GRACE:CONSTRUCT ON SERVICES INC %-,:'10840 NW'138'ST.REET. '-` SUITE =Al HIALEAH GARDENS FL*3301.8 ISSUED: 08/15/2016 DISPLAY AS REQUIRED BY AW SEQ # L1608150001617 010701 Local Business Tax Receipt Miami —Dade County, State of Florida -THIS IS NOT A BILL - DO NOT PAY 6419147 BUSINESS NAME/LOCATION BY HIS GRACE CONSTRUCTION SERVICES INC 10840 NW 138 ST A-1 HIALEAH GARDENS FL 33018 OWNER BY HIS GRACE CONSTR SVCS INC C/O CHARLES MEMMOTT, QUALIFIER Worker(s) . 3 RECEIPT NO. RENEWAL 6687280 LB EXPIRES SEPTEMBER 30, 2017 Must be displayed at place of business Pursuant to County Code Chapter 8A - Art. 9 & 10 SEC. TYPE OF BUSINESS 196 GENERAL BUILDING CONTRACTOR CGC1516455 PAYMENT RECEIVED BY TAX COLLECTOR $45.00 07/14/2016 CHECK21-16-085781 This local Business Tax Receipt only confirms payment of the Local Business Tax. The Receipt is not a license, permit, or a certification of the holders qualifications, to do business. Holler must comply with any governmental or nongovernmental regulatory laws and requirements which apply to the business. The RECEIPT NO. above must be displayed on all commercial vehicles - Miami -Dade Code Sec 8a-276. For more information, visit www.miamidade,gov/taxcollector ACORO® CERTIFICATE OF LIABILITY INSURANCE L----- DATE(MM/DD/YYYY) 08/24/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Finney Insurance Corporation 5601 Sheridan Street Hollywood, FL 33021 CONTACT NAME: MDnica Mendez A/cC. No. Ext): 954-966-5533 FAX No): 954-989-8208 ADDRESS: johnf@finneyinsurancecorp.com INSURER(S)AFFORDINGCOVERAGE NAIC# INSURER A: Endurance American Specialty INSURED By His Grace Construction Services, Inc 3361 NW 154th Terrace Miami Gardens, FL 33054 INSURER B: Morstan General Agency of Florida II, Inc. INSURERC: Commerce & Industry INSURERD: RetailFirst Insurance INSURERE: INSURER F : COVERAGES CERTIFICATE NUMBER: 00000000-944044 REVISION NUMBER: 152 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTRINSD TYPE OF INSURANCE ADDL SUBR WVD POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY CBC200003122 02 02/25/2017 02/25/2018 EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE X OCCUR DAMAGE RENTED PREMSESO(Ea occurrence) $ 100,000 $ 5,000 MED EXP (Any one person) PERSONAL & ADV INJURY $ 1,000,000 $ 2,000,000 GENII AGGREGATE X LIMIT APPLIES JECT PER: LOC GENERAL AGGREGATE PRODUCTS-COMP/OPAGG $ 2,000,000 $ B AUTOMOBILE X _ X LIABILITY ANY AUTO OWNED AUTOS ONLY HIRED AUTOS ONLY X X SCHEDULED AUTOS NON -OWNED AUTOS ONLY WPP1227485 02 01/07/2017 01/07/2018 (Ea aBGdeDn SINGLE LIMIT $ 1,000,000 $ BODILY INJURY (Per person) BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ C X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE 6E038259377 12/13/2016 12/13/2017 EACH OCCURRENCE $ 10,000,000 AGGREGATE $ 10,000,000 DED RETENTION $ $ D WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below YIN Y N 1 A 520-40858 09/01/2016 09/01/2017 X I STATUTE OTH- ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS 1 LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) (General Contractor CGC1516455) CERTIFICATE HOLDER CANCELLATION Miami Shore Village Buiding Dept. 10050 NE 2nd Ave Miami Shores, FL 33138 ACORD 25 (2016/03) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZE REPRESENTATIVE (MIM) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Printed by MIM on August 24, 2017 at 10:01AM BUILDING PE MIT APPLICATION BUILDING ❑ ELECTRIC Miami Shores Village Building Department 10050 N.E.2nd Avenue, Miami Shores, Florida 33138 Tel: (305) 795-2204 Fax: (305) 756-8972 INSPECTION LINE PHONE NUMBER: (305) 762-4949 Master Permit No. Sub Permit No. ❑ ROOFING ❑ REVISION ❑PLUMBING ❑ MECHANICAL ❑PUBLIC WORKS ❑ CHANGE OF CONTRACTOR JOB ADDRESS: ae3v- Nc. a RECEIVED AUG 24 2017 FBC 20 Ny aCI1—I5b ❑ EXTENSION RENEWAL ❑ CANCELLATION ❑ SHOP DRAWINGS City: Miami Shores County: Mi Folio Parcel— #: Is the Bui Occupancy Type: Load: Construction Type: Zip: ally Designated: Yes NO one: BFE: FFE: -OWNERTName (Fee Simple Titleholder): .'/ VJ / L^/ Q rPhone# 4Address"1 ciid ( • E 9ncj ts2s,-.7 Ili 444 : Sh brr'J Tenant/Lessee Na e: S/2% N Email: State: Zip: c?9/JC Phone#: CONTRACTOR: Company Name: gott attmlokekta Address: 3 3(.0 1 N !t) / S`t Te,rat ee. City: D a- L r I_ State: Qualifier Name: wj 41,144/10+ State Certification or Registration #: DESIGNER: Architect/Engineer: Phone#: C%C 1SI(p'tS5 Phone#: 3o 5-&142-'1)5-0 Zip: 3 30 Phone#: - Wi -12I Certificate of Competency #: Address: City: State: �1 Zip: <) Value of Work for this Permit: $ a k- rSq aru a/Linear Footage Wolin b n(Y) Sq -re.' Type of Work: ❑ Addition VAlteration ❑ New ❑ Repair/Replace ❑ Demolition Description of Work:- ! i r / sz ri o ti 447 •�. Specify color of color thru tile: Submittal Fee $ X.J Permit Fee $ n • s r -1.'i -1 CCF $ CO/CC $ Scanning Fee $ Radon Fee $ DBPR $ Notary $ Technology Fee $ Training/Education Fee $ Double Fee $ Structural Reviews $ Bond $ (Revised02/24/2014) TOTAL FEE NOW DUE $ Bonding Company's Name (if applicable) Bonding Company's Address City State Zip Mortgage Lender's Name (if applicable) Mortgage Lender's Address City State Zip Application is hereby made to obtain a permit to do the work and installations as indicated. I certify that no work or installation has commenced prior to the issuance of a permit and that all work will be performed to meet the standards of all laws regulating construction in this jurisdiction. I understand that a separate permit must be secured for ELECTRIC, PLUMBING, SIGNS, POOLS, FURNACES, BOILERS, HEATERS, TANKS, AIR CONDITIONERS, ETC OWNER'S AFFIDAVIT: I certify that all the foregoing information is accurate and that all work will be done in compliance with all applicable laws regulating construction and zoning. t "WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR PAYING TWICE.FOR IMPROVEMENTS TO YOUR PROPERTY.. IF YOU INTEND . TO OBTAIN FINANCING, CONSULT4ITH YOUR LENDER OR AN ATTORNEY BEFORE RECORDING YOUR NOTICE OF COMMENCEMENT:" Notice to Applicant: As a condition to the issuance of¢;tiuilding.permit with an estimated value exceeding $2500, the applicant must promise in good faith that a copy of the notice of co►iirrieehcement,and construction lien law brochure will be delivered to the person whose property is subject to attachment. Also, a certified copy ofth•e recorded notice of commencement must be posted at the job site for the first inspection which occurs (7) days after, the%,build/hg permit is issued. In the at ence of such posted notice, the inspection will not be op oved and a reinspe ' n fee will becharged. Signature OW RbrAGENT The'foregoing instrument was acknowledged before me this The fore �1 �1 day of /0.r1 ffs y1-- , 20/ 7 , by )) day/of (� , 20 1 1 , by ,D0 11 .,114� )/ `S,-e ,: 1 ho is personally known to OW ./'p who is=Uy own to me or who has produced as me or who has produced CONTRACTOR identification and who did take an oath. NOTARY PUBLIC: Sign: Print: Seal: (eh/4_2a pa-, *********** Vaik ELI.'ASETH ELORRIAGA •'E MY COMMISSION # FF983536. EXPIRES January 23.2020 APPROVED BY oing instrument was acknowledged before me this identification and wh NOTARY PUBLIC: ath. as Sign: Print: Seal: 4 • Pp V N• •ryr'u•ia Maria E Flores My Commission FF 160029 Expires 09/15/2018 1► *************************************************************** Plans Examiner Structural Review Zoning Clerk (Revised02/24/2014) "2017 PLORIDA LIMITED LIABILITY COMPANY ANNUAL REPORT DOCUMENT# L10000129579 Entity Name: DVS, LLC Current Principal Place of Business: 201 N.E. 95TH STREET MIAMI SHORES, FL 33138 Current Mailing Address: 201 N.E. 95TH STREET MIAMI SHORES, FL 33138 US FEI Number: 80-0670481 Name and Address of Current Registered Agent: CACCAMISE, THERESA 201 N.E. 95TH STREET MIAMI SHORES, FL 33138 US FILED Mar 26, 2017 Secretary of State CC1177868782 Certificate of Status Desired: No The above named entity submits this statement for the purpose of changing its registered office or registered agent, or both, in the State of Florida. SIGNATURE: THERESA CACCAMISE 03/26/2017 Electronic Signature of Registered Agent Authorized Person(s) Detail : Title Name Address City -State -Zip: AUTHORIZED MEMBER, MANAGER CACCAMISE, THERESA 201 N.E. 95TH STREET MIAMI SHORES FL 33138 Title Name Address City -State -Zip: AUTHORIZED MEMBER, MANAGER CACCAMISE, RICHARD 201 N.E. 95TH STREET MIAMI SHORES FL 33138 Date I hereby certify that the information indicated on this report or supplemental report is true and accurate and that my electronic signature shall have (he same legal effect as if made under oath; that 1 am a managing member or manager of the limited liability company or the receiver or trustee empowered to execute this report as required by Chapter 605, Florida Statutes; and that my name appears above, or on an attachment with all other like empowered. SIGNATURE: THERESA CACCAMISE AUTHORIZE MEMBER 03/26/2017 Electronic Signature of Signing Authorized Person(s) Detail Date TRAVIS HENDALL Planning & Zoning Director 'hied e CA es 10050 N.E. SECOND AVENUE MIAMI SHORES. FLORIDA 33138-2382 TELEPHONE: (305) 795-2207 FAX: (305) 756-8972 DEVELOPMENT ORDER File Number: PZ-2-22-18-10 Property Address: 9521 NE 2"d Avenue Property Owner/Applicant: DVS LLC/Primal Fit Miami Address: 9521 NE 2"d Avenue Agent: Victor Bruce Address: 370 NE 10151 Street, Miami Shores. FL 33138 Whereas, the applicant DVS LLC (Owner), has filed an application for site plan review before the Planning Board on the above property. The applicant sought approval as follows: Pursuant to Articles IV. V and VI of Appendix A Zoning, Sec. 400 Schedule of Regulations and Sec. 600. Site plan review and approval required. Change of use, gym. Whereas, a public hearing was held on February 22, 2018 and the Board, after having considered the application and- after hearing testimony and reviewing the evidence entered. finds: 1. The application was made in a manner consistent with the requirements of the Land Development Code of Miami Shores Village. 2. The conditions on the property and the representations made at the hearing merit consideration and are consistent with the requirements of the Land Development Code. The Board requires that all further development of the property shall be performed in a manner consistent with the site plan. drawings. and the conditions agreed upon at the hearing: I) Planning and Zoning Board zoning approval is granted as shown on the plans submitted and made a part of this approval for a change of use from retail to a gym. 2) Applicant to apply for and obtain all required building permits from the Building Department before beginning work. Page I of 2 VISIT US I www.miamishoresvillage.com 3) Applicant to apply for and obtain all necessary permits and approvals from outside agencies before beginning work. 4) Applicant to obtain FDOH/MDEHS. MDDRER/EPRD and Fire approval as required. 5) Applicant to meet all applicable code provisions at the time of permitting. 6) This zoning permit will lapse and become invalid unless the work for which it was approved is started within one (1) year of the signing of the development order by the board chair, or if the work authorized by it is suspended or abandoned for a period of at least one (1) year. 7) All signage shall be under a separate permit. The application with conditions was passed and adopted this 22"d day of February, 2018 by the Planning and Zoning Board as follows: Motion to approve subject to Staffs recommendations and that the language in the Staff report be changed to reflect that it is not a Karate Studio by Mr. Brady. seconded by Mr. Snow and the vote passed 3-0. Mr. Snow Yes Mr. Bergman Absent Ms. Hegedus Absent Mr. Brady Yes Chairman Busta Yes D cc- zD/g Date Chairman, Planning Board Page 2 of 2 MIAMI SHORES PLANNING AND ZONING BOARD Planning and Zoning Department Staff Report Hearing Date September 19, 2013 Meeting Time 7:00 P.M. File Number PZ-8-13-201343 Folio Number 11-3206-013-4210 Owner Gator 9717 NE 2nd Avenue LLC, 1595 NE 163rd Street, N. Miami Beach, FL 33162 Applicant Matt Pack, 383 NE 96th Street, Miami Shores, FL 33138 Agent None Property Address 9717 NE 2nd Avenue Legal Description MIAMI SHORES SEC 1 AMD PB 10-70 LOTS 10 & 11 BLK 31 LOT SIZE 95.000 X 130 OR 17437-1378 1196 4 (2) Property Sq. Ft. 12,350 Building Sq. Ft. Unit Sq. Ft. 9,459 Flood Zone X Zoning B1 Future Land Use Designation General Commercial Existing Use Multi -tenant building, Medical Office Comprehensive Plan Consistency Yes Existing Structure 1-story; N/A bed/N/A bath Year Built 1948 Subject Pursuant to Articles IV, V and VI of Appendix A Zoning, Sec. 400, 500 and Sec. 600, Schedule or Regulations, Site plan review and approval required. Change of use, office/tutoring to personal training, retail and take out juice bar businesses. Action Required Approve, Approve with Conditions, or Deny the Application Other Required Approvals Village Building Permits DOH/HRS and DRER/EPRD Staff Report David A. Dacquisto, Director, Planning and Zoning Report Date September 3, 2013 Background Applicant is proposing to relocate from his existing NE 2nd Avenue address to a 3,000 square foot storefront on NE 2nd Avenue formerly occupied by Achievers. Primal Fit provides one on one and small class personal training. The business will have a 600 square foot training area and a 600 square foot warm up area. In addition to training, the business will have 400 square feet of retail space at the front. A juice bar will occupy another 400 square feet at the rear of the space. Analysis 1T e business was r vioousl a royed-b ••the. tanning :board-at'9537aNE'2nd Avenue. p Y pp� - Y p '- 9 —7 [It_wwaasahe determin•ation-orthe_board_arthat;time,_that'the_business with_its�retail component -and -ones on:one trAming was_no" t an.exercise studio_and.therefore the p"arking requirem nt urider-Studio-Artslfor� Can exercise_studio-did not•apply.-J The following is a breakdown of the business space: Space Allocation Sq. Ft. % of Space Training area: 600 sq. ft. 20% Warm-up area: Retail: Other: Total area: 600 sq. ft. 20% 400 sq. ft. 13% 400 sq. ft. 13 1,000 sq. ft. 34% 3,000 sq. ft. 100% Parking requirement: Office space: 12 spaces, [1 parking space / 250 sq. ft.] Personal training, retail and juice bar/take out restaurant space: 12 spaces, [1 parking space / 250 sq. ft.] The previous use is credited with 12 parking spaces; no additional parking spaces are required. The juice bar falls into the category of take-out restaurant. A take our restaurant is permitted in the B-1 District and does not require additional parking. The proposal is consistent with the technical provisions of the Zoning Code. Recommendation In acting on a change of use or site plan, the Planning Board must make a finding that the proposed improvements and proposed change of use are harmonious with the community, as required in Articles V and VI of Appendix A Zoning of the Code of Ordinances, and, in that regard, may add further conditions or delete or modify staff recommended conditions, deny the application, or continue the item for future consideration. Planning and Zoning staff recommends APPROVAL of the change of use and site plan to convert an office to personal training, retail and juice bar/take out restaurant with a finding that it is consistent with the technical provisions of the Code. Should the board find that the applicant merits approval, staff recommends that the following conditions apply: 1) Approval is granted for a 3,000 sq. ft. personal training, retail and juice bar/take out restaurant as shown on the plans submitted and made a part of this approval. 2) Applicant to obtain all required permits from the Miami -Dade Department of Regulatory and Economic Resources, Environmental Plan Review Division (DRER, EPRD) and the Miami -Dade Department of Health (DOH/HRS) as required. 3) Applicant to obtain all required approvals for the juice bar / take out restaurant. 4) Applicant to obtain all required building permits before beginning work. 5) Applicant to meet all applicable code provisions at the time of permitting. 6) This zoning permit will lapse and become invalid unless the work for which it was approved is started within one (1) year of the signing of the development order by the board chair, or if the work authorized by it is suspended or abandoned for a period of at least one (1) year. Page 2 of 2 PZ-8-13-201343-Gator-9723-N E-2 nd-Ave-Pack DAVID A. DACQUISTO, AICP PLANNING & ZONING DIRECTOR DEVELOPMENT ORDER iavrci Sh,oNe6 (/iCCcr 10050 N.E. SECOND AVE. MIAMI SHORES. FLORIDA 33138-2382 Telephone: (305) 795-2207 Fax: (305) 756-8972 DACQUISTODQMIAMISHORESVILLAGE.COM File Number: PZ-9-10-2010198 tProperty.ABilress:._-9537;NE72"a Street Applicant: Address: Property Owner: Address: Mathew Pack 383 NE 96th Street, Miami Shores FL 33138 Bennet Electric Co. 10007 NE 4th Ct., Miami FL 33138-5606 Whereas, the applicant Mathew Pack, with the consent of Bennet Electric Co. (property owner), has filed an application for site plan review before the Planning Board on the above property. The applicant sought approval as follows: Special Approvals, Sec. 600: Sec. 523.: Article IV Schedule of Regulations: Change of use; Gym/PersonalrT rainer.. Whereas, a public hearing was held on October 21, 2010 and the Board, after having considered the application and after hearing testimony and reviewing the evidence entered, finds: 1. The application was made in a manner consistent with the requirements of the Land Development Code of Miami Shores Village. 2. The conditions on the property and the representations made at the hearing merit consideration and are consistent with the requirements of the Land Development Code. The Board requires that all further development of the property shall be performed in a manner consistent with the site plan, drawings, and the conditions agreed upon at the hearing: 1) Applicant to obtain all required building permits. 2) The parking requirement for the proposed business does not exceed the 6 parking spaces the space is credited with, applicant is not required to provide additional parking over what is already provided for the building. 3) Applicant to comply with all applicable building, zoning and other code provisions at the time of permitting. DO PZ-9- 10-201 0198 Bennet Electric Page 1 of 2 4) This zoning permit will lapse and become invalid unless the work for which it was approved is started within one (1) year of the signing of the development order by the board chair, or if the work authorized by it is suspended or abandoned for a period of at least one (1) year. 5) The total number of staff and clients is not to exceed six (6) on the premises at any one time. Additionally, the applicant must, satisfy all applicable Miami Shores Village Codes, Miami -Dade County Codes, the applicable building and life safety codes required for development, and provide a copy of the development order to the Building Dept. The application with conditions was passed and adopted this 21st day of October, 2010 by the Planning and Zoning Board as follows: Mr. Abramitis Yes Mr. Busta Absent Mr. Reese Yes Mr. Madsen Yes Chairman Fernandez Yes Date DO PZ-9-10-2010198 Bennet Electric Richard M. Fernandez Chairman, Planning Board Page 2 of 2 DAVID A. DACQUISTO, AICP PLANNING & ZONING DIRECTOR DEVELOPMENT ORDER File Number: Property Address: Property Owner: Address: Applicant/Agent: Address: icimi Sliore� Vic e 10050 N.E. SECOND AVE. MIAMI SHORES, FLORIDA 33138-2382 Telephone: {305) 795-2207 Fax: (305) 756-8972 DACQUISTOD@MIAMISHORESVILLAGE. COM PZ-11-10-2010210 9537 NE 2nd Street Bennet Electric Co 10007 NE 4th Ct., Miami FL 33138-5606 Mathew Pack 383 NE 96th Street, Miami Shores FL 33138 Whereas, the applicant Mathew Pack (Agent), has filed an application for site plan review before the Planning Board on the above property. The applicant sought approval as follows: Special Approvals, Sec. 600: Sec. 523: Sec. 504. Signs. Wall signs. Whereas, a public hearing was held on November 18, 2010 and the Board, after having considered the application and after hearing testimony and reviewing the evidence entered, finds: 1. The application was made in a manner consistent with the requirements of the Land Development Code of Miami Shores Village. 2. The conditions on the property and the representations made at the hearing merit consideration and are consistent with the requirements of the Land Development Code. The Board requires that all further development of the property shall be performed in a manner consistent with the site plan, drawings, and the conditions agreed upon at the hearing: 1) Applicant to meet all applicable code provisions at the time of permitting. 2) Applicant to obtain all required building permits before beginning work. 3) This zoning permit will lapse and become invalid unless the work for which it was approved is started within one (1) year of the signing of the development order by the board chair, or if the work authorized by it is suspended or abandoned for a period of at least one (1) year. 4) Allow not more than two (2) logo signs. Page 1 of 2 DO PZ-1 1-10-2010210 Bennet Electric Pack Additionally, the applicant must, satisfy all applicable Miami Shores Village Codes, Miami -Dade County Codes, the applicable building and life safety codes required for development, and provide a copy of the development order to the Building Dept. The application with conditions was passed and adopted this 18Ih day of November, 2010 by the Planning and Zoning Board as follows: Mr. Abramitis Yes Mr. Busta Yes Mr. Reese Yes Mr. Madsen Yes Chairman Fernandez Yes DO PZ-11-10-2010210 Bennet Electric Pack Ric M. Fernandez ( C airman, Planning Board Page 2 of 2 MIAMI SHORES VILLAGE DEPARTMENT OF PLANNING & ZONING 10050 NE 2nd Avenue Miami Shores, FL 33037-2304 www.miamishoresvillage.com Main Number: 305-795-2207 Fax Number: 305-756-8972 David A. Dacquisto AICP, CFM, Director MIAMI SHORES VILLAGE PLANNING BOARD MEETING MINUTES Village Hall Council Chambers 10050 NE 2nd Avenue, Miami Shores September 19, 2013 THURSDAY, 7:00 P.M. I. ROLL CALL: Steve Zelkowitz, John Busta, Sid Reese, Robert Abramitis, Chairman Richard Fernandez. In Attendance: Richard Sarafan; Attorney David Dacquisto; Planning and Zoning Director Karen Banda; Clerk II. BOARD MEMBER DISCLOSURES III. ACTION ITEMS: PUBLIC HEARING a. None IV. MINUTES a. July 25, 2013 Motion: Approve minutes. Action: Accept, Moved by John Busta, Seconded by Sid Reese. Minutes approved unanimously. V. SCHEDULED ITEMS SWEARING IN OF WITNESSES BY VILLAGE ATTORNEY: "Do you solemnly swear or affirm that the testimony you are about to give will be the truth, the whole truth, and nothing but the truth." TABLED ITEMS 1. None NEW ITEMS 1. PZ-7-13-201341: 8825A Biscayne Blvd (Owner) Biscayne 88 Terrace LLC, (Applicant) Miami Vapors / Sandra Bettine, (Agent) None; Pursuant to Articles IV, V and VI of Appendix A Zoning, Sec. 400, Schedule of Regulations, Sec. 504 Signs and Sec. 600, Site plan review and approval required. Wall sign. Mr. Dacquisto provided background information, summarized the information on the staff report and read the staff recommendation and conditions of approval into the record. Applicant Sandra Bettine was present and did not have any questions for staff. Mr. Abramitis asked staff for clarity on signage proposed and if applicant was abandoning sign on tower above roof. Staff stated as per applicant tower signage was not part of application anymore. Mr. Abramitis clarified that board is only looking to approve photo in packet with logo, Miami Vapors, smoke and address. Board discusses address of property and designates the business to be the southernmost bay of 8825 Biscayne Blvd. Applicant states that business sells electronic cigarettes. Motion: Approve application subject to staff recommendations with the further requirement that application be completed to satisfaction of P&Z Director and approve what has been shown on the door of the picture for 8825A and motion is made in reference to Southernmost bay at address of 8825 Biscayne Boulevard. Moved by Robert Abramitis, seconded by John Busta. Board discusses that motion only approves door sign in picture and no flag sign. Wall sign will be discussed separately. Motion approved unanimously. Staff clarifies for board that only 45 square feet is allowed for signage allocated to building. If signage will only consist of door and wall than the requirements are met and approval is recommended. Board discusses wall sign and tower sign with applicant. Staff clarifies that tower sign specifically has to be approved by board and had previously denied approval to a different applicant. Motion: Approve wall sign subject to staff recommendations. Moved by John Busta, seconded by Sid Reese. Motion approved unanimously. Staff addresses tower sign and mentions that there are no permits for existing sign and a previous application made by a different applicant for signage was denied by board. Staff recommends denial. Motion: Deny tower sign. Moved by John Busta, seconded by Robert Abramitis. Motion approved unanimously. Chairman Fernandez acknowledges Board member Steve Zelkowitz arrival at 7:10 p.m. 2._PZ-7-13-201342: 9710 NE 2nd Avenue, (Owner) Ruben Matz / Shores Landing LLC] '(Applicant) Dr. Sanon, (Agent) None; Pursuant to Articles IV, V and VI of Appendix Al, Zoning, Sec. 400, Schedule of Regulations, _Sec._504_Signs_and Sec. 600, Site plan `review and approval required. Wall sig� Mr. Dacquisto provided background information, summarized the information on the staff `report and read the staff recommendation and conditions of approval into the record! Agent Jose Mastache 7400 W. 20th Avenue was present as representative for Dr. Sanon! and asked staff about clarification regarding staff report approval. Attorney Richard Sarafan asks staff if measurements taken are from both bays because it is currently rented for one tenant and if you took measurements for only one bay where the signage appears would it still be in the code. Concernis_if in the__f_u_ture,,tenant gives_up_second. bay would that give up any_sign rights! Miami Shores Village, Planning Board Meeting Agenda: September 19, 2013 2 Staff mentions that if the measurements are,taken from half of the building that would equal atiou N,42 square feet of signage allocation :and'�'"applicant is requesting approximately 26:74 square feet .and with.red uction..inLstaff's_recommendation they_would still be within their limitations Motion: Approve application but only -in „regard to sign shown on picture that on window indicates the businessahours Mon -Friday and Saturday by_appointments! Motion_does not include approval for the other window' or the door., Moved by_Robert Abramitis, seconded by John Busta Chairman asked staff..about repetition and staff stated_ recommendations already _t oo k care of repetition issues.! Motion.approved unanimously! CA plicant;wittidre p'plintion`.)= 3. [PZ:8 13201343:-9717 NE'"2nd Avenue'(Owner)`Gator'9723-NE-2nd-Avenue-L-LC, ((A p ant) -Matt. Pack, (Agent).None;-Pursuant.to.Art—icle IV'V an-Tyl of Appendix Zoning -Sec: 400-500-and-Sec-_600'"Schedule_o- or_Regulations,:Site plan-reviewraricl_D ap o I.required._C.hangeof:use;office/tutoring_t�o_p onal_training,-retail.and-take-ou?D [juice.bar.businesses. 4. PZ-8-13-201345: 8880 Biscayne Boulevard, (Owner) Tropical Chevrolet Inc. CIO Ian Wildstein, (Applicant) Same, (Agent) None; Pursuant to Articles IV, V and VI of Appendix A Zoning, Sec. 400, 500 and Sec. 600, Schedule or Regulations. Remodeled showroom and site improvements. Mr. Dacquisto provided background information, summarized the information on the staff report and read the staff recommendation and conditions of approval into the record. Applicant Ian Wildstein and agent Howard Nudell were present and did not have any questions for staff. Chairman addresses staff regarding understanding that under site plan approval process board has the ability to deal with safety issues, directional issues and signage and asks staff about his recommendations. Staff mentioned in staff report about changing two-way lane to one way driving west because it seems like the safest approach but would like input from Tropical Chevrolet Engineer. Mr. Abramitis asked staff if his safety concerns are about potential accidents within the property or on the public right away. Staff mentioned that concern is for onsite property because that is where the changes are taking place. Howard Nudell agent for Tropical Chevrolet gave presentation and agreed with recommendations made by staff and concurs with the one way recommendation. General Motors has created criteria of upgrading all of their facilities all over the country and there is a given elevation and a given interior. Motion: Approve subject to staff recommendations. Moved by Robert Abramitis, seconded by Steve Zelkowitz. Motion approved unanimously. 5. PZ-8-13-201346: 1285 NE 95th Street, (Owner) Robert Frehling, (Applicant) Same, (Agent) Kevin McMorris; Pursuant to Articles IV, V and VI of Appendix A Zoning, Sec. 400, 500 and Sec. 600, Schedule or Regulations, Site plan review and approval required. New residence. Sec. 523.1 (f) (5). Metal roof. . Mr. Dacquisto provided background information, summarized the information on the staff report and read the staff recommendation and conditions of approval into the record. Miami Shores Village, Planning Board Meeting 3 Agenda: September 19, 2013 MIAMI SHORES VILLAGE DEPARTMENT OF PLANNING & ZONING 10050 NE 2nd Avenue Miami Shores, FL 33037-2304 www.miamishoresvillage.com Main Number: 305-795-2207 Fax Number: 305-756-8972 David A. Dacquisto AICP, CFM, Director MIAMI SHORES VILLAGE PLANNING BOARD MEETING Village Hall Council Chambers 10050 NE 2nd Avenue, Miami Shores September 19, 2013 THURSDAY, 7:00 P.M. I. ROLL CALL II. BOARD MEMBER DISCLOSURES III. ACTION ITEMS: PUBLIC HEARING a. None IV. MINUTES a. July 25, 2013 V. SCHEDULED ITEMS SWEARING IN OF WITNESSES BY VILLAGE ATTORNEY: "Do you solemnly swear or affirm that the testimony you are about to give will be the truth, the whole truth, and nothing but the truth." TABLED ITEMS 1. None NEW ITEMS 1. PZ-7-13-201341: 8825A Biscayne Terrace, (Owner) Biscayne 88 Terrace LLC, (Applicant) Miami Vapors / Sandra Bettine, (Agent) None; Pursuant to Articles IV, V and VI of Appendix A Zoning, Sec. 400, Schedule of Regulations, Sec. 504 Signs and Sec. 600, Site plan review and approval required. Wall sign. 2. PZ-7-13-201342: 9710 NE 2nd Avenue, (Owner) Ruben Matz / Shores Landing LLC, (Applicant) Dr. Sanon, (Agent) None; Pursuant to Articles IV, V and VI of Appendix A Zoning, Sec. 400, Schedule of Regulations, Sec. 504 Signs and Sec. 600, Site plan review and approval required. Wall sign. C3..—P_Z-8-13201-343:.9717 NE'2",d'Avenue?(Owrier)sGator.9723-NE_2nd Avenue-LLC, [(Applicant)' Matt'Pack7(Agent) None;"Pursuanfto'ATticles IV;,V_and:VI ofAppendizA'r Zon ni g Sec.400,_500 and Sec.. 600'"Schedule orRegulations,-Site-plan-review ands [approval•required-Change:of-use roffice/tutoringgo-personalaraining,�retai and.take out) [juice bar;businesse�� 4. PZ-8-13-201345: 8880 Biscayne Boulevard, (Owner) Tropical Chevrolet Inc. C/O Ian Wildstein, (Applicant) Same, (Agent) None; Pursuant to Articles IV, V and VI of Appendix A Zoning, Sec. 400, 500 and Sec. 600, Schedule or Regulations. Remodeled showroom and site improvements. 5. PZ-8-13-201346: 1285 NE 95th Street, (Owner) Robert Frehling, (Applicant) Same, (Agent) Kevin McMorris; Pursuant to Articles IV, V and VI of Appendix A Zoning, Sec. 400, 500 and Sec. 600, Schedule or Regulations, Site plan review and approval required. New residence. Sec. 523.1 (f) (5). Metal roof. 6. PZ-8-13-201347: 490 NE 101st Street, (Owner) Robert Bourne, (Applicant) Same, (Agent) Rey Rubio; Pursuant to Articles IV, V and VI of Appendix A Zoning, Sec. 400, 500 and Sec. 600, Schedule or Regulations. Site plan review and approval required. Garage conversion. 7. PZ-9-13-201348: 9377 NE 9th Place, (Owner) Richard Libutti & Valerie Halpern, (Applicant) Same, (Agent) None; Pursuant to Articles IV, V and VI of Appendix A Zoning, Sec. 400, 500 and Sec. 600, Schedule or Regulations. Site plan review and approval required. Garage conversion. VI. DISCUSSION ITEMS a. Board to set date for next workshop on FAR, Green Space and Open Space. A discussion paper was provided with this packet. VII. 'NEXT WORKSHOP — Tentative. a. FAR, Green Space and Open Space. VIII. NEXT REGULAR HEARING — October 10, 2013. a. Regular agenda. IX. ADJOURNMENT Pursuant to Chapter 286.0105, Florida Statutes, if person decides to appeal any matter considered at such meeting or hearing, he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. Miami Shores Village complies with the provisions of the American with Disability Act. If you are a disabled person requiring any accommodations or assistance, including materials in accessible format, a sign language interpreter (5 days notice required), or information, please notify the Village Clerk's office of such need at least 72 hours (3 days) in advance. Miami Shores Village, Planning Board Meeting 2 Agenda: September 19, 2013 Page I SCHEDULE "A" TO LEASE AGREEMENT - PAGE 1 This Preamble ("Schedule A") in an integral part of this lease and all of the terms hereof are incorporated into this lease in all respects. In addition to the other provisions which are elsewhere defined in this lease, the following, whenever used in this lease, shall have the meanings set forth in this Schedule "A", and only such meanings, unless such meanings are expressly contradicted, limited or expanded elsewhere herein: I. Landlord and Tenant Landlord DVS, LLC A Florida Limited Liability Company Tenant Spin and Box LLC A Florida Limited Liability Company II. Demised Premises Address: 9521 N.E. 2nd Ave Miami Shores, Florida 33138 Leasehold Size : +/- 800 Square Feet. III. Permitted Use Fitness — Cycle & Boxing Center IV. Lease Term Lease Commencement: August 1st, 2017 Lease Expiration Date: July 31, 2022 V. Initial Monthly Rent Base Rent (See Lease Section 2.1) (Exclusive of electricity, water, and trash) $ 1,588.67 Estimated Operating Expenses (See Lease Section 4.4) Estimated Water & Sewer Charge (Lease §6.2) Estimated Trash Removal Charge (Lease §6.3) Other Rent Charges $ 411.33 Subtotal $ 2,000.00 7% Florida Sales Tax $ 140.00 Total Monthly Rent $ 2,140.00 (Inclusive of Sales Tax) VI. Deposits Security Deposit (Lease §11.1) 2 months base rent First & Last month Prepaid Rent inclusive of Sales Tax (Lease § 11.3) Tenant charge for Water & Sewer Verification Form and Water Hookup to space ** Security deposit is non-refundable if tenant fails to perform per lease agreement. J0060512 $ 4,000.00 $ 4,920.75 $ 700.00 Page 2 VII. Legal Notice Address As to Landlord: DVS, LLC 201 NE 95th Street Miami Shores, Florida 33138 With a copy to Eric A. Jacobs, Esq. 1691 Michigan Avenue Ste. 320 Miami Beach, FL 33139 As to Tenant: Spin and Box LLC: 9521 NE 2nd Ave Miami Shores, FL 33138 Todd Headley and Matthew R. Pack: IN WITNESS WHEREOF Landlord and Tenant h ve executed this L ase with all attached Schedules and Exhibits in multiple counterparts as of this day of , 2017. SCHEDULE "A" TO L YLL ad Witness as to Landlord tness as to Landlord Witness as to Tenant ess as to Tenant Witness as to Tenant Witness a3 to Tenant J GRE ENT - PAGE Lan lord : DV , i,LC, a lorida Li» ted Liability Company Tenant: Spin and Box, LLC a Florida Limited Liability Company By: Its: VVIrn c> ,;�,� i(CO By: o��j`� Its: ELIZABETH ELORRIAGA ' '' '�: MY COMMISSION # FF953536 EXPIRES January 25.2020 14o I1:ren-0' 53 Gloridallora Service con' ehz,,..... J0060512 Lwaaa Il Tenant's Irmials •'1'\ Page 3 VIII. Additional Lease Provisions: Additional Clause #1 Commencement Date shall begin on August ls' 2017 - Rent payment shall begin on September 1st, 2017. Additional Clause #2 - Base rent increases will be based on Commencement date of August l st Schedule: 2nd Yr. - 08/01/2018 thru 07/31/2019 3rd Yr. - 08/01/2019 thru 07/31/2020 - 4"' Yr. - 08/01/2020 thru 07/31/2021 - 5' Yr. - 08/01/2021 thru 07/31/2022 Additional Clause #3 - Base rental rate $ 28.35sq.ft = Base rental rate $ 29.76 sq. ft. Base rental rate $ 31.25 sq. ft. — Base rental rate $ 32.81 sq. ft. $1,890.0 plus CAM _ $ 1,984.19 plus CAM = $2,083.33 plus CAM = $2,187.50 plus CAM Tenant must place exterior building signage (per Master Sign Plan) for both Spin and Box and Primal Fit retail spaces within 90 days of this lease execution. Additional Clause #4 Provided that tenant is not in default in performance of this lease, Tenant shall have the option to renew this lease for 1 additional term(s) (each on "Option Term") of Three - 3 years commencing at the expiration of the initial lease term providing the lease is in good standing at the time the option is exercised. The option shall be exercised by written notice to Landlord at least one hundred and twenty days prior to the expiration of the current term. If notice is not given in the manner provided herein within the time specified, this option shall automatically expire. The options shall be consecutive to the original lease term only. The rate of base rent shall increase by 10% of preceding calendar years base rent on the first additional term: As set forth in paragraph 2.4 Additional Clause # 5 Tenant and all of tenant's employees are required to use the parking spaces which are located at back end of eastern parking lot. Designated on Exhibit Site "B" plan provided. Parking spaces that are close to the building are reserved for customers of retail plaza only. Additional Clause # 6: Tenant is accepting space as is. J00605I2 Pagc 4 Additional Clause # 7 : Any and all construction must be approved by landlord. Which shall not be unreasonably withheld Tenant may not penetrate any exterior walls or roofing without landlords approval and must utilize landlords roofing contractor to perform any work needed for operation of tenants business. Refer to Exhibit B for Contractor/Construction Restrictions Additional Clause # 8 Personal guarantee will be for 3 years only not full term of lease For Landlord: STATE OF FLORIDA COUNTY OF MIAMI-DADE ) SS: The foregoing instrument was acknowledged this day of , 2017 by , as agent of DVS, LLC, who is personally known to me on behalf of the Company. Notary Public My Commission Expires: For Tenant: STATE OF FLORIDA COUNTY OF MIAMI-DADE ) SS: The foregoing instrument was acknowledged this day off � us - , 2017 by �r et1 P ci- A 0Ld 4-e R d f , as agent of S p J� s o�c LL , who i personally known to me on behalf of the Company. ( My Commission Expires: ELIZABETH ELORRIAGA • MY COMMISSION # FF953536 EXPIRES January 25.2020 (4o/) 39H-0• t,3 FbrtlallotaryServlce caw J0060512 Page 5 COMMERCIAL LEASE AGREEMENT DEFINITIONS For purposes of this Commercial Lease Agreement (the "Lease"), the words and phrases set forth below shall have the following meanings: "Abandonment" or "Abandon" is defined as the failure of Tenant to open for business for fifteen (15) consecutive days without the prior written consent of Landlord. "ADA" or "ADA Guidelines" is defined as the Americans with Disabilities Act of 1990 (42 U.S.C. § 12101 et seq.) and all regulations and guidelines promulgated thereunder, including the Florida Building Code, as all of the same may be amended and supplemented from time to time. "Additional Rent" is defined as any and all monetary payments required to be made to Landlord by Tenant pursuant to this Lease other than as Base Rent, regardless of designation. "Adjustment Date" is defined as the January 15t following the Effective Date and on every January Is` thereafter during the Term of this Lease. "Annual Statement of Common Area Charge" is defined as a written statement showing the actual Operating Expenses for a given calendar year. "Base Rent" is defined as the dollar amount set forth in Schedule "A", which is calculated as the total square footage area as set forth in Schedule "A" multiplied by the base rental amount per square foot as set forth in Schedule "A", subject to annual increase, and which shall be paid in monthly installments without previous demand and without any setoff or deduction throughout the Term of this Lease. "Basic Index" is defined as the Cost of Living Index for the calendar month that is two (2) months' prior to the Effective Date of this Lease. "Building" is defined as the structure or structures on the Property that has a roof and walls and stands more or less permanently in one place on the land, wherein the Demised Premises are or will be located. "Business Days" is defined as non -holiday weekdays, thus excluding Saturdays, Sundays and Holidays. "Commencement Date" is defined as the earlier of (i) the date set forth in Schedule "A" (if any) or (ii) the date of a receipt of a certificate of completion or certificate of occupancy from the governing authority having jurisdiction over Landlord's Work, or (iii) the date of substantial completion of Landlord's Work as determined by the project architect, or (iv) the date of Tenant's written acceptance of possession of the Demised Premises. The Commencement Date may be modified as set forth in this Lease, including, without limitation, Section 1.2 (Occupancy; Acceptance of Demised PremisesZ, below. "Common Areas" is defined as all areas, space, facilities, equipment, signs and special services from time to time made available by Landlord for the common and joint use and benefit of Landlord, Tenant and other tenants and occupants of the Building, and their respective employees, agents, subtenants, customers and other invitees, and the public, which may include without limitation (but shall not be deemed a representation as to their availability) the sidewalks, parking areas (including decks and garages), access roads, driveways, landscaped areas, loading areas, pedestrian malls (enclosed or open), courts, stairs, ramps, columns, elevators, public washrooms, mail rooms, vending areas, utility rooms, service corridors, equipment rooms, mechanical rooms and storage rooms. "Common Area Charge" is defined as the annual charge to Tenant equal to Tenant's Pro Rata Share of Landlord's Operating Expenses which shall be due and payable by Tenant to Landlord during the Term of this Lease at the times provided for herein. "Contractors" is defined as Tenant's contractors, subcontractors (including sub -subcontractors), laborers and material suppliers supplying labor and/or material for the Demised Premises. r� J0060512 Page 6 "Cost of Living Index" or "Index" is defined as the Consumer Price Index for Urban Consumers (CPIU) issued by the Bureau of Labor Statistics of the United States Department of Labor, using the United States City Average, all Items (1982-1984=100). "Current Index" is defined as the Cost of Living Index for the November prior to the then applicable Adjustment Date. "Demised Premises" is defined as those certain premises now or hereafter to be constructed on the Property which Landlord hereby does lease unto Tenant and Tenant does hereby lease from Landlord and which are legally described in the attached Exhibit "A" and indicated on the site plan attached hereto as Exhibit "B", located in Broward County, Florida. The Demised Premises is not intended to and shall not be construed to include the exterior walls or roof of any portion of the Building in which said Demised Premises are located and does not include any exterior area whatsoever. "Effective Date" is defined as the last date of execution of this Lease by Landlord and Tenant. "Estoppel Certificate" is defined as a written declaration which ratifies the Lease, confirms the total square footage of the Demised Premises, certifies that Tenant is in possession and occupancy of the Demised Premises, and states other information as may be reasonably requested by Landlord or any Mortgagee or prospective mortgagee or purchaser of the Property. "Event of Default" or "Default" is defined as the occurrence of any one or more of the events as described in Section 10.1 (Default by Tenant) of this Lease. "Expiration Date" is defined as the date set forth in Schedule "A" ending the term of the Lease unless otherwise modified as provided for herein. "Fixtures" is defined as chattel or property that is affixed to the walls, ceiling or floors of the Demised Premises, which (i) cannot be severed, disunited, or removed without the use of a screwdriver or other tool or (ii) cannot removed without creating damage to the floor, walls, or ceiling. Fixtures are Leasehold Improvements for purposes of this Lease and include without limitation, floor and wall coverings; window treatments; wall or floor mounted cabinetry; toilets, sinks and other fixtures that require a direct plumbing connection; lights and other fixtures that require a direct electrical connection (as opposed to a cord with an electrical male connector that plugs into a female wall outlet); ice machines, ovens, refrigeration equipment and other mechanical equipment that is either affixed or connected to vents or other affixed appurtenant accessories; and any items mounted to the roof of the Building or elsewhere outside the Demised Premises. "Florida Clean Indoor Air Act" is defined as the legislation enacted within the State of Florida to protect people from the health hazards of second-hand tobacco smoke and to implement the Florida health initiative. "Force Majeure" is defined as any cause or causes beyond Landlord's control, which shall include, without limitation, all labor disputes, riots, civil commotion or insurrection, war or war -like operations, terrorism or the threat thereof, invasion, rebellion, military or usurped power, sabotage, governmental restrictions, regulations or controls (including delays attributable to the actions or requirements of federal, state and local environmental protection agencies respecting water pollution and/or air pollution, storm drainage, sanitary sewer disposal, energy shortages and/or like matters), inability to obtain any materials, services or financing, fire or other casualties, acts of God or other matters constituting impossibility of performance under Florida law. "Guarantor" is defined as the person, persons or entity who unconditionally and irrevocably guarantees to Landlord the punctual payment of all Rent payable by Tenant under this Lease and the due performance of all the other terms, covenants and conditions contained in this Lease. "Hazardous Substance" is defined as (i) any substance defined as a "hazardous substance" under Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S C. §9601 et seq., as amended, (ii) petroleum, petroleum products, natural gas liquids, liquefied natural gas, and synthetic gas, and (iii) any other substance or material deemed to be hazardous, dangerous, toxic, or a pollutant under any federal, state or local law, code, ordinance or regulation. Page 7 "Hazardous Substance Activity" is defined as any activity or operation to be conducted by Tenant at the Demised Premises or anywhere on the Property which involves the release, use, handling, generation, treatment, storage, or disposal of any Hazardous Substance. "Holidays" is defined as New Year's Day, Easter Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Eve, and Christmas Day. "HVAC" is defined as the heating, ventilating and air conditioning equipment that is located within or exclusively serves the Demised Premises. "Indemnified Acts" is defined as (i) claims, demands, liabilities, fines, suits, actions, proceedings, orders, decrees, obligations and judgments of any kind or nature, (ii) damages whether compensatory, punitive or otherwise, by or in favor of anyone whomsoever and , (iii) costs and expenses, including reasonable attorneys' fees, appellate and otherwise. "Landlord's Work" is defined as the interior improvements to the Demised Premises, if any, to be constructed by Landlord prior to the Commencement Date or other date as may be agreed upon in writing by the parties, as may be detailed in Exhibit "C" herein. "Leasehold Improvements" is defined as improvements, Fixtures and equipment of a permanent, fixed nature within the Demised Premises, regardless of whether installed by Landlord or Tenant, excluding movable display cases, shelves and other unattached movable trade fixtures installed at Tenant's expense, and further excluding any and all unattached inventory and personal property placed in the Demised Premises by Tenant. Should Landlord grant a concession in Base Rent in consideration of Tenant accepting the obligation to construct those certain Leasehold Improvements as detailed in Exhibit "H", Tenant agrees to execute a bill of sale for those Leasehold Improvements in favor of Landlord, the purchase price for which shall equal the dollar value of the concession in Rent. "Mechanic's Liens" or "Liens" is defined as liens for any work, labor, services performed or materials supplied, or claimed to have been performed or supplied, or any other lien cognizable under Chapter 713 [or its successor], Florida Statutes. "Mortgage" is defined as any underlying Lease, mortgage, deed of trust or any other hypothecation or security which has been or which hereafter may be placed upon or against the Property, Land, Building, and/or Demised Premises. "Mortgagee" is defined as the creditor or lender in the Mortgage agreement or the creditor or lender in an anticipated Mortgage agreement for which Landlord has made application. "Net Leasable Area" is defined as the interior of the Demised Premises including the entire width of all exterior walls and one-half the width of all interior walls separating the Demised Premises from any adjacent premises that are or may be demised to other tenants. "Notice" is defined as any notice required or permitted under this Lease, which shall be in writing and delivered in accordance with Section 12.8 (Notices). "Nuisance" is defined as the emanation from the Demised Premises of any odors, vapors, steam, water, vibrations, noises or other undesirable effects. "Operating Expenses" is defined as all actual direct and indirect total costs and expenses of every kind and nature that Landlord shall incur, in connection with the ownership, operation, maintenance and management of the Property and the improvements thereon except as specifically excluded within this Lease. "Property" is defined as the land described in Exhibit "A" inclusive of the improvements constructed thereon. Page 8 "Permitted Use" is defined as the sole and restricted use of the Demised Premises as set forth in Schedule "A" of the Lease. The restriction on the sole use of the Demised Premises is a material consideration of this Lease and one without which this Lease would not be made. "Rent" is defined as all rents whether Base Rent or Additional Rent. "Rules and Regulations" is defined as the initial rules and regulations as set forth in Exhibit "F" as may be amended from time to time. "Schedule "A"" is defined as the preamble, which is an integral part of the Lease and all of the terms therein are incorporated into the Lease in all respects. To the extent that if any of the provisions of the Schedule "A" conflict with any of the provisions, terms or conditions contained in the Lease, then and in that event, the provisions of the Schedule "A" shall prevail in construing or interpreting the Lease. Any capitalized term used in the Schedule "A" and not defined therein shall have the same meaning as given to that term in the Lease. "Taxes" is defined as all real estate taxes, assessments and other governmental levies and charges, general and special, ordinary and extraordinary, unforeseen as well as foreseen, of any kind and nature which may be imposed, levied, assessed or confirmed by any lawful taxing authorities or which may become due and payable out of or for, or which may become a lien or charge upon or against the whole, or any part, of the land, Building and all other real estate improvements now or at any time during the Term of this Lease constituting a part of the Property, or any taxes in lieu thereof, and also all reasonable costs and fees (including attorneys' fees, appellate and otherwise) incurred by Landlord in contesting any such taxes, levies, charges or assessments and/or in negotiating with the public authorities as to the same. "Tenant's Pro Rata Share" is defined as a percentage, a fraction, the numerator of which is the Net Leasable Area of the Demised Premises, and the denominator of which is the Total of the Net Leasable Areas within the Building (as initially constructed or as the same may at any time thereafter be enlarged or reduced). "Tenant's Work" is defined as any demolition, alteration, improvement, or addition to the Demised Premises including without limitation, walls, doors, floor coverings, wall coverings, cabinetry, partitions, fixtures, lighting fixtures, plumbing fixtures, fixed equipment and other fixtures, and signs. "Term of Lease" or "Term" is defined as term commencing on the Commencement Date and continuing the term thereof ending on the Expiration Date, unless sooner terminated or extended as provided for within this Lease. "Total of the Net Leasable Areas" is defined as is defined as the sum of the interior of the premises which are exclusively appropriated for use by tenants in the Building, including the entire width of all exterior walls and one-half the width of all interior walls separating the premises from any adjacent premises that are or may be demised to other tenants, but excluding the Common Areas. "Transfer" is defined as (a) the sale, assignment, sublease, transfer, mortgage, pledge or (voluntarily, involuntarily or by operation of law) of all or part of the Demised Premises, (b) the use of all or any portion of the Demised Premises by a licensee or concessionaire or other party, or (c) the encumbrance of this Lease or any estate or interest therein. ARTICLE I - DEMISED PREMISES, TERM AND OCCUPANCY SECTION 1.1 Demised Premises. The Demised Premises are stipulated for all purposes to have a total square footage area as provided in Schedule "A". In no case shall any determination of a difference in the actual size or dimensions of the Premises or the Common Areas be a basis for the assertion of any claim, cause of action, right to setoff or affirmative defense against Landlord. Tenant agrees that Tenant has had adequate opportunity to measure the Premises to Tenant's satisfaction and Tenant shall be conclusive deemed to have accepted the premises and the terms of the contract and the amounts due herein with regard to such discrepancy. .10060512 Page 9 SECTION 1.2 Occupancy; Acceptance of Demised Premises. Landlord leases the Demised Premises to Tenant upon the terms and conditions set forth in this Lease. Except as herein provided, Landlord shall deliver possession of the Demised Premises to Tenant at 12:00 a.m. on the Commencement Date. It is expressly understood and agreed that the Demised Premises, together with any and all fixtures, equipment, improvements, accessories and utilities located therein or thereon, are and shall be delivered to Tenant and accepted by Tenant in an "AS IS" and "WHERE IS" condition. Failure of Landlord to deliver possession of the Demised Premises by the date hereinabove provided shall postpone the Commencement Date to the actual date of delivery of possession of the Demised Premises without constituting a constructive or actual eviction and shall not affect the Expiration Date of this Lease. Tenant expressly agrees that any entry upon or occupancy of the Demised Premises by Tenant or Tenant's agents, contractors and subcontractors prior to the Commencement Date shall be governed by and shall be subject to all of the terms and provisions of this Lease. By occupying the Demised Premises to install fixtures, facilities or equipment or to perform finishing work, Tenant shall be deemed to have accepted possession of the Demised Premises and to have acknowledged that the Demised Premises are in the condition required by this Lease. In the event this Lease requires Landlord's Work to be performed, a certificate of completion, certificate of temporary or permanent occupancy, or final inspections by the governing authority shall serve as documentation that Landlord's Work is substantially complete in accordance with plans, specifications, and approved written change orders, except for minor details which do not materially interfere with Tenant's occupancy of the Demised Premises. On the Commencement Date, Tenant shall deliver to Landlord a written list of any and all deficiencies in Landlord's Work. With the exception of these noted deficiencies, Tenant shall accept the Demised Premises in "AS IS" condition, subject to any manufacturer warranties for materials and/or other warranties that may be provided by the general contractor constructing such improvements as may be required by this Lease. In the event of any dispute between Landlord and Tenant as to the quality of Landlord's Work, the supervising architect will issue a written determination which shall be binding on both parties. ARTICLE II - RENTS SECTION 2.1 Payment of Rent. Rent shall be payable in advance, without previous demand and without any setoff or deduction whatsoever, on the loth day of each and every month during the Term of this Lease, together with all applicable sales and/or rent taxes thereon. Otherwise a late fee of $100.00 shall be assessed. If the first or last month of the Term of this Lease is a partial month, Rent shall be prorated on the basis of the number of days in the month. Notwithstanding the aforementioned, Landlord shall not be deemed to have waived its right to receive any payment due to Landlord electronically regardless of whether Landlord had previously received payment(s) by other means. Tenant shall execute the forms reasonably required by Landlord and Landlord's financial institution to initiate debit entries to Tenant's bank account for the duration of the Term of this Lease and any extensions or renewals thereto. SECTION 2.2 Common Area Charge. In addition to the monthly installments of Base Rent, Tenant shall pay a Common Area Charge in monthly installments equal to one -twelfth (1/12) of the amount estimated by Landlord for each annual period, payable on the first day of each and every month thereafter as Additional Rent, with an adjustment at the end of each year as herein provided. The Common Area Charge shall be computed on a calendar year basis. Within ninety (90) days after the end of each calendar year or within a reasonable time thereafter, Landlord shall determine the actual Common Area Charge for such preceding year (based on actual Operating Expenses for such preceding calendar year), to be contained within an Annual Statement of Common Area Charge compiled to the satisfaction of Landlord's Certified Public Accountant. Based upon such reconciliation, Landlord shall either furnish Tenant an invoice for any deficiency (and Tenant shall have ten (10) days after its receipt of such deficiency invoice to pay the same as additional rent) or shall credit Tenant any overpayment against the next installment of Rent due hereunder (or, in the case of the final year (or partial final year) of this Lease (whether as a result of the expiration of the Term or the earlier termination of this Lease), Landlord shall reimburse Tenant the amount of any such overpayment. Tenant shall have the right to examine Landlord's books and records (all such books and records to be provided by Landlord at the office of the management company for the Building or at such other place designated by Landlord) with respect to the items in the Annual Statement of Common Area Charge during normal business hours at any time within thirty (30) days following the furnishing of the Annual J0060512 6anew.a' Tenant's aun,e 1Sri Page 10 Statement of Common Area Charge by Landlord to Tenant, after such time both parties agree the Operating Expenses for the prior year are not subject to review or modification. Any such claim or request must be sent to Landlord via certified mail, return receipt requested. SECTION 2.3 Late Payment Service Charges. A late payment of Rent will cause Landlord to incur costs not contemplated by this I ease, the exact amount of which would be difficult to ascertain. Such costs may include processing costs, accounting charges and late charges that may be imposed upon Landlord by terms of a mortgage covering the Demised Premises. As such, if Tenant shall fail to pay any such Rent on the day the same is due as a result of the unavailability of funds sufficient to cover the dollar value of the debit entry or for any other reason, Tenant shall be obligated to pay a late payment service charge equal to the greater of one hundred ($100.00) dollars or ten (10%) percent of the outstanding balance due to reimburse Landlord for its additional administrative costs. It is agreed that the said late payment service charge is a fair and reasonable charge under the circumstances and shall not be construed as interest on a debt payment. The provision herein for late payment service charges shall not be construed to extend the date for payment of any sums required to be paid by Tenant hereunder or to relieve Tenant of its obligation to pay all such sums at the time or times herein stipulated. The imposition of such service charges shall not serve to extend the time for payment of rent nor otherwise avoid the occurrence of an Event of Default. SECTION 2.4 Annual Increase in Base Rent. Beginning on the first Adjustment Date during the Term of this Lease, for the succeeding calendar year, the monthly Base Rent set forth in Schedule "A" and established for each preceding calendar year shall be increased (but not decreased) by the same percentage as the percentage change in the Cost of Living Index Specifically, beginning with January of each year during the Term, the monthly Base Rent shall be adjusted so that it equals the product of the monthly Base Rent during the preceding calendar year multiplied by a fraction, the numerator of which is the Current Index and the denominator of which is the Basic Index. In no event shall the annual increase in the monthly Base Rent calculated in accordance with this Section be less than five (5%) percent. In the event that the Index shall cease to use the 1982-84 average of 100 as the basis of calculation, or if a substantial change is made in the terms or number of items contained in the Index, then the Index shall be adjusted to the figure that would have been derived had the manner of computing the Index not been altered. In the event the Index shall be discontinued or no longer published, Landlord shall substitute a comparable price index or formula satisfactory to Landlord in Landlord's sole, absolute and unfettered discretion and such substitute price index or formula shall have the same effect as if originally designated herein as the Index. A substitution in the Index shall not permit Landlord or Tenant from using a comparable price index to apply a retroactive adjustment to prior calendar years. ARTICLE III - USE OF PREMISES SECTION 3.1 Permitted Use. During the Term of this Lease, the Demised Premises shall be used and occupied solely for the Permitted Use set forth herein. The inability or refusal by Tenant to so operate for the Permitted Use shall be an Event of Default. Landlord assumes no liability for Tenant's failure or inability to obtain any permits, authorization, licenses, or any other governmental approvals necessary for Tenant to occupy the Demised Premises for the Permitted Use herein stated. Tenant shall not offer any goods or services which Landlord determines, in its sole discretion, to be inconsistent with the Permitted Use, nor shall Tenant display or sell any goods or printed materials containing portrayals, images or words which Landlord determines, in its sole discretion, to be lewd, graphically violent, offensive, misleading, obscene or pornographic, nor shall Tenant use or allow the Demised Premises to be used for any illegal, improper, immoral or objectionable purposes as determined by Landlord or for any purpose that may be volatile of any exclusivity or restrictions contained in the lease of any other Tenant now or hereafter that would make the display or sale of such items a potential breach of lease by Landlord. Tenant agrees that it will conduct its business in good faith, and will not do any act tending to injure the reputation of the Property or to otherwise damage or impair the interest of Landlord or other tenants as reasonably determined by Landlord. In the event the Permitted Use allows the sale of food and beverages from the Demised Premises, then Tenant shall: (i) offer such food and beverages only pursuant to a menu approved by Landlord, which may be attached to this Lease as an exhibit and shall not be changed without Landlord's prior written consent, (ii) be solely responsible for the storage of used cooking oil and other food related byproducts within the Demised Premises until the time of collection for recycling or disposal, and (iii) keep all grease J0060512 Page 11 traps, pans and hood ventilators in good order, condition and repair and maintain such equipment under a quarterly service contract for cleaning and inspection. Grease traps and hood ventilation shall be contracted to be cleaned on an "as -needed" basis of not less than once per calendar quarter. Tenant shall furnish a copy of such maintenance agreement to Landlord along with copies of invoices documenting the proper disposal of used cooking oil, upon request from time to time. Unless Tenant is specifically permitted by this Lease, no cooking or the sale or service of food or beverages shall be done or permitted by Tenant within the Demised Premises. Tenant expressly indemnifies and holds Landlord harmless from any and all manner of claim or cause of action whether brought civilly or governmentally arising out, directly or indirectly, Tenant's service of food and/or beverages. SECTION 3.2 Compliance with Law. Tenant shall, at Tenant's own cost and expense, comply with the Florida Clean Indoor Air Act and all present and future governmental laws, ordinances, and regulations affecting the Demised Premises and the use thereof, whether or not any such law, ordinance, regulation or requirement is substantial, foreseen or unforeseen, ordinary or extraordinary, or shall necessitate changes or improvements or interfere with the use and enjoyment of the Demised Premises. As to the Demised Premises, Tenant shall, at Tenant's own cost and expense, to comply with and execute all present and future rules, regulations and recommendations of the Board of Fire Underwriters, Tenant's insurance carriers and other organizations establishing insurance rates. If any governmental licenses or permits shall be required for the proper and lawful conduct of Tenant's business or other activity carried on in the Demised Premises, or if a failure to procure such a license or permit might or would in any way, adversely affect Landlord or the Property, then Tenant, at Tenant's sole cost and expense, shall duly procure and thereafter maintain all such licenses and permits and submit the same for inspection by Landlord. Tenant shall not suffer, permit or commit any waste, nor to allow, suffer or permit the installation of any equipment on to portions of the Building of which the Demised Premises forms a part, nor otherwise to allow, suffer or permit an occurrence that, in the sole opinion of Landlord, constitutes a Nuisance, nor to interfere with the safety, comfort or enjoyment of the Building by Landlord, by any other tenants or occupants of the Building or their customers, invitees or any others lawfully in or upon the Property. Tenant agrees that no loud speakers, sound amplifiers, radio, television, or other means of broadcasting or sound reproduction shall be used on or about the Demised Premises in such manner as to be heard outside the Demised Premises. Notwithstanding the foregoing, Landlord, may install loud speakers within the Common Areas to broadcast music for the enjoyment of the public. The parties acknowledge that ADA Guidelines establish requirements for business operations, accessibility and barrier removal, and that such requirements may or may not apply to the Demised Premises, Building and Property depending on, among other things, whether Tenant's business is deemed a "public accommodation" or "commercial facility", whether such requirements are "readily achievable", and whether a given alteration affects a "primary function area" or triggers "path of travel" requirements. Landlord shall be responsible for ADA Title III (and any other applicable ADA provisions) compliance in the Common Areas, except as provided below. Tenant shall be responsible for ADA Title III (and any other applicable ADA provisions) compliance in the Demised Premises, including any Leasehold Improvements or other work to be performed in the Demised Premises under or in connection with this Lease. Further, Tenant shall be responsible for the cost of ADA Title III "path of travel" requirements triggered by use or alterations in the Demised Premises and for requirements under Title I of the ADA relating to Tenant's employees. In the event of litigation resulting from claims of Tenant's alleged failure to comply with ADA Guidelines, Tenant shall indemnify and hold Landlord harmless from all claims, liabilities, costs and expenses which may result or arise therefrom. Should Landlord be named a party in any such litigation, Tenant shall engage an attorney to be reasonably selected by Landlord, at Tenant's sole cost and expense, to represent Landlord with respect to this Indemnified Act. SECTION 3.3 Quiet Eniovment. Landlord covenants and agrees with Tenant that upon Tenant's paying the Rent on a timely basis and observing and performing all the terms, covenants and conditions on Tenant's part to be performed and observed under this Lease, Tenant may and shall peaceably and quietly hold and enjoy the Demised Premises for the Term and all extensions and renewals thereof, without hindrance from Landlord or any party claiming by, through, or under Landlord, subject, nevertheless, to the terms and conditions of this Lease, and all zoning, restrictions, conditions, limitations, easements and encumbrances now or hereafter affecting the Property. Notwithstanding the aforementioned, Landlord may from time to time undertake repairs or improvements to the Property and Tenant expressly agrees that such repairs and/or improvements shall not constitute an impairment to Tenant's rights hereunder or under this Lease unless such results in the actual denial of physical access to the Premises. In such case, JO0605,2 Page 12 Landlord's limitation of liability shall not exceed a daily per diem equivalent to I/30th of the monthly rent for each day where physical access to the Premises is actually denied. SECTION 3.4 Signs and Advertising Media. Should the Demised Premises be within a Building intended for retail use, Tenant shall maintain illuminated window displays within the storefront windows subject to the approval requirements contained herein. Tenant shall keep the light fixtures closest to each storefront window illuminated twenty four (24) hours per day, seven (7) days per week. Tenant shall not erect, install, display, inscribe, paint or fix any sign, lettering, flag, banner or other advertising or medium anywhere within the Demised Premises or to, upon or above the exterior of the Demised Premises, including but not limited to, glass doors and windows of the Building in which the Demised Premises are situated, so as to be visible from the exterior of the Demised Premises, without, in each instance, the written approval of Landlord having been first obtained. Approval by Landlord does not constitute any representation or warranty by Landlord that the advertising media submitted by Tenant complies with requirements for approval by the governmental authorities and departments having jurisdiction thereof. Tenant shall purchase signage from Landlord's approved signage contractor where required by Landlord, to be installed in conformity with the signage program for the Building, if any. Tenant shall not place in or about the Demised Premises any signs, window displays, or advertising media unless first approved by Landlord. Upon the expiration or earlier termination of this Lease, Tenant shall remove all approved signs or advertisements placed anywhere in or about the Demised Premises without expense to Landlord and without injury or damage to the Demised Premises or any part of the Building to which Tenant's signs may be affixed. If Landlord shall deem it necessary or appropriate to remove any sign in order to paint, redecorate or to make any repairs, alterations or improvements in or to the Demised Premises or any part of the Building to which Tenant's signs may be affixed, Landlord shall have the right to do so, provided the same be removed and replaced at Landlord's cost and expense, unless the necessity therefor shall have been occasioned through any act or omission of Tenant, Tenant's employees, agents, invitees or customers. Landlord shall have the right, without Notice to Tenant, to remove any signs installed by Tenant in violation of this Section and to charge Tenant for the cost of such removal and/or any repairs necessitated thereby, without liability of Landlord for such removal. In no event shall Landlord be responsible to Tenant for the return of signs removed in accordance with this paragraph and Tenant hereby releases Landlord from any liability respecting the same. ARTICLE IV - COMMON AREAS SECTION 4.1 Common Areas. Landlord reserves the right at any time and from time to time to make changes, additions and eliminations to the Building and Common Areas. Landlord shall not be subject to any Liability, nor shall Tenant be entitled to any compensation or diminution or abatement of Rent, if the size, location or arrangement of any Common Areas be changed or diminished, nor shall any such change or diminution of such areas be deemed a constructive or actual eviction. Nothing contained herein shall be deemed a warranty that any such Common Areas may exist within the Property or that any particular path shall remain as it has been or that visibility shall remain as it has been. Landlord shall have the right to install, maintain, use, repair and replace pipes, ducts, conduits, utility lines and wires through hung ceiling space, column space and partitions, in or beneath the floor slab, and in, above or below the Demised Premises or other parts of the Building, except that Landlord shall exercise diligent efforts not to unreasonably interfere with or interrupt the business operation of Tenant within the Demised Premises in connection therewith, and except where necessary as determined by Landlord's architect, no pipes, conduits, utility lines or wires installed by Landlord shall be exposed within the Demised Premises. SECTION 4.2 Tenant and Employee Parking. Tenant and its employees shall park their cars only in areas specifically designated for that purpose by Landlord from time to time; provided however, that Landlord is not required to furnish any such parking areas for Tenant or its employees. Landlord reserves the right to assign or designate certain parking spaces or areas for specific uses such as shortterm parking or parking for the customers of a specific tenant. Landlord shall not be liable for any damage to, or any theft of any vehicle (including the contents therefrom) while in or about the parking areas of the Property. Upon receipt of Landlord's request, Tenant shall furnish Landlord the make, model, color, and license numbers of the cars of Tenant and its employees and to keep Landlord's such information up to Page 13 date at all times. In the event that Tenant or its employees at any time park their cars in any non -designated parking areas, Landlord, at its option, may charge Tenant fifty ($50.00) dollars per day or partial day per car parked in any area other than those designated, as and for agreed consequential damages; and Tenant hereby authorizes Landlord to remove from the Property any of Tenant's cars or cars belonging to Tenant's employees and/or attach violation stickers or notices to such cars, and Tenant hereby waives and releases Landlord and hereby indemnifies and agrees to hold Landlord harmless from all claims, liabilities, costs and expenses which may result or arise therefrom. SECTION 4.3 Rules and Regulations. Landlord shall have the right to establish, modify and enforce Rules and Regulations with respect to the Common Areas and the use to be made thereof. Tenant, its employees and its invitees shall faithfully observe and comply with the Rules and Regulations that Landlord shall from time to time promulgate. The initial Rules and Regulations are set forth on Exhibit "F", which may or may not be attached hereto. Modifications to the Rules and Regulations shall be binding after Landlord shall either mail a copy thereof to Tenant or hand deliver same to Tenant. Landlord shall have available to it all rights and remedies available in this Lease, at law or in equity, for the enforcement of all Rules and Regulations. In the event Tenant shall fail strictly to keep, observe and comply with each and every Rule and Regulation, in addition to such failure constituting an Event of Default if not cured within five (5) days after Tenant's receipt of written Notice by Landlord notifying Tenant of such violation, Tenant shall pay to Landlord as damages and not as a penalty the sum of one hundred ($100.00) dollars for each and every day in which such violation subsists, commencing upon the second violation thereof, provided Landlord shall have given first written Notice to Tenant of the first violation thereof. Neither the demand for nor collection by Landlord of such payment as damages shall be construed as a cure for such Event of Default on the part of Tenant. Landlord shall not be responsible to Tenant for the noncompliance with any of the Rules and Regulations by any other tenants or occupants. SECTION 4.4 Operating Expenses for the Common Areas. Operating Expenses shall include, without limitation, the cost and expenses incurred by Landlord directly in connection with (i) the charges of any independent contractor who, under contract with Landlord, its management company or other authorized representative does any of the work of operating, managing, maintaining or repairing the Common Areas; (ii) removal of trash, refuse and other methods of sanitary control; (iii) services for the prevention or elimination of insects, rodents, critters and other pests; (iv) maintenance of lakes, retention ponds, gardens, and landscaped areas on the Property; (v) security devices and personnel and any other costs of policing and securing the Property; (vi) electricity, water and sanitary sewer, storm water drainage, and other utilities and energy related costs including all government or utility company usage, service, hook-up, connection, availability and/or standby fees or charges pertaining to same and not directly charged to Tenant or other tenants within the Building; (vii) Taxes; (viii) Insurance carried by Landlord covering the Building and Common Areas, all in limits selected by Landlord; (ix) the cost of operation, supplies, maintenance and repair of public restrooms, lobby areas, atriums and other areas on the Property that are available to the public; (x) maintenance, repair and replacement of utility systems serving the Common Areas, including water, sanitary sewer and storm water lines and other utility lines, pipes and conduits; (xi) purchase, rental, repair and replacement (or depreciation) of machinery and equipment owned or leased and used in the operation, maintenance, security, and/or repair of the Common Areas; (xii) costs and expenses in connection with maintaining or complying with Federal, State or local governmental requirements including the Florida Indoor Clean Air Act and ADA; (xiii) acquisition, maintenance, repair and replacement of decorations (seasonal or otherwise); (xiv) licensing and inspection fees; (xv) all costs and expenses of enforcing the Rules and Regulations; (xvi) operating costs, maintenance, repair and replacement of mechanical equipment including any HVAC (except as otherwise provided for herein), automatic door openers, elevators, signage, security alarm systems, fire prevention and other life safety systems, lighting fixtures (including replacement of bulbs),energy maintenance systems, and all other items of equipment serving the Building and Common Areas; (xvii) patching, repairing, resurfacing, topping, striping and marking of all parking and drive areas which are part of and included within the Common Areas; (xviii) maintenance and repair of curbs, gutters, sidewalks, drainage and irrigation ditches, conduits, pipes and canals serving the Property; (xix) management, accounting and other professional and technical fees incurred in connection with the performance of any of the foregoing; and (xx) any other expense or charge whether or not hereinbefore mentioned, which would be considered as an expense of owning, operating, managing, equipping, maintaining or repairing the Property in accordance with this Lease or otherwise. Notwithstanding the foregoing, Landlord's obligation with respect to furnishing and maintaining services and utilities to and within the Demised Premises is subject to the provisions of Article VI (Utilities) herein. J0060512 Page I4 Notwithstanding the foregoing or any other provision of this Lease, Operating Expenses shall not include: (i) leasing commissions; (ii) attorneys' fees and other costs incurred in connection with negotiations with or leasing to prospective tenants; costs incurred in renovating or otherwise improving or decorating, painting or redecorating vacant space for tenants or occupants of the Property; (iv) interest, debt, amortization, or other payments on loans to Landlord, or increases in interest or debt on any mortgage or any other debt for borrowed money; (v) reserve funds and/or anticipated expenses; (vi) interest on depreciation; (vii) initial acquisition cost or costs of construction incurred prior to the issuance of a certificate of completion for the Building; (viii) salaries, bonuses and benefits for any personnel of Landlord engaged in leasing, as opposed to management or maintenance functions; (ix) travel and entertainment expenses; (x) inducement or "sign up" payments paid to tenants for signing new leases for the Building; (xi) contributions to local charitable or civic organizations; (xii) contributions to any candidates for political office; (xiii) repairs and other work occasioned by fire, windstorm or other casualty or loss, to the extent that Landlord is reimbursed by insurance proceeds (except for any deductibles); (xiv) franchise, income taxes or other tax based on income, (xv) casualty repairs or condemnation damages to the extent Landlord actually receives insurance or condemnation proceeds; and (xvi) expenses for repair, replacements and general maintenance of portions of the Property which are paid by proceeds of insurance or by Tenant. ARTICLE V - REPAIRS AND ALTERATIONS SECTION 5.1 Repairs. Tenant's taking possession of the Demised Premises shall be conclusive evidence that Tenant has accepted the Demised Premises as being in good order, condition and repair. Tenant, at Tenant's sole cost and expense, shall keep and maintain in first class appearance, in a condition at least equal to that which is required when Tenant initially opens the Demised Premises for business, and in good order, condition and repair as determined by Landlord (including replacement of parts and equipment, if necessary) the Demised Premises and every part thereof and any and all appurtenances thereto wherever located. Tenant, at Tenant's sole cost and expense, shall maintain those areas of the roof above the Demised Premises and other areas of the Building through and around which penetrations have been made by Tenant or previous tenants of the Demised Premises including without limitation, penetrations for ventilation, mechanical equipment, satellite television and skylights. Without limiting the generality of the foregoing, Tenant, at its expense, shall maintain and promptly make any and all necessary repairs to or replacements of: (i) that portion of any pipes, lines, ducts, wires or conduits (whether contained within, under, above or outside the Demised Premises) which are installed by Tenant or that exclusively serve the Demised Premises; (ii) the glass windows, plate glass doors, or appurtenances composed of glass that are located within the Demised Premises or within the demising walls for the Demised Premises; (iii) Tenant's signs; (iv) the floors and floor coverings, doors and door frames, windows and window frames, walls and wall coverings, storefront including security gates, grilles or enclosures, locks and closing devices, and ceilings in the Demised Premises; (v) heating, ventilating, air conditioning, electrical and plumbing system(s) equipment and fixtures (whether contained within, under, above or outside the Demised Premises) which are installed by Tenant or which exclusively serve the Demised Premises; and (vi) the Demised Premises or any part of the Building when repairs thereto are necessitated by any act or omission (negligent or otherwise) of Tenant or any of Tenant's agents, employees, contractors or invitees, or by the failure of Tenant to perform any of its obligations under this Lease. Notwithstanding any contrary provision of this Section, Tenant, at its expense, shall make any and all repairs to the Demised Premises as may be necessitated by any break-in, forcible entry or other trespass into or upon the Demised Premises, regardless of whether or not such entry and damage occurs during or after business hours. Tenant, at Tenant's sole cost and expense, shall promptly make all other repairs, replacements, renewals and restorations, interior and exterior, ordinary and extraordinary, foreseen and unforeseen, relating to the Demised Premises. If Landlord deems any repairs required to be made by Tenant necessary or appropriate, it may demand in writing that Tenant make the same forthwith, and if Tenant refuses or neglects to commence such repairs and complete the same with expedient dispatch, Landlord may make or cause such repairs to J00605,2 Pagc 15 be made and shall not be responsible to Tenant for any loss or damage that may accrue by reason thereof, and if Landlord makes or causes such repairs to be made, Tenant agrees that it will forthwith, on demand, pay to Landlord as Additional Rent the cost thereof, together with an administrative fee equal to twenty- five (25%) percent thereof. However, nothing herein shall be deemed to impose any duty upon Landlord to do any such work which, under any provisions of this Lease, Tenant shall be required to perform, and the performance thereof by Landlord shall not constitute a waiver of Tenant's default in failing to perform the same. Subject to the provisions of Article IX (Casualty, Restoration & Relocation) hereof, Landlord shall not be required to make any repairs or improvements of any kind upon or to the Demised Premises, except for necessary repairs to the foundation, structural load bearing walls, and roof (excluding repairs associated with penetrations as described herein). SECTION 5.2 Tenant's Work. No Tenant's Work shall occur without first procuring Landlord's written consent which shall not be reasonably withheld. Within thirty (30) days of the Effective Date, Tenant shall submit to Landlord plans and specifications for such work, together with a statement of the estimated cost, with separately stated unit prices and quantities, and the name of the proposed contractor who Tenant proposes to engage to perform the same as well as evidence of such contractor(s) adequate insurance in amounts and from carriers acceptable to Landlord. All plans and specifications for Tenant's Work shall show in sufficient detail any planned demolition and proposed improvements including the proposed floor plan with all interior doors and partitions, a reflected ceiling layout, plumbing plans, electrical plans, mechanical plans, elevation details, cross sections and other details of construction and/or other work to be performed by Tenant. If Tenant's Work includes the modification, replacement or addition of any storefront doors or windows, then Tenant shall be required, at Tenant's sole cost and expense, to replace all storefront doors and windows with an impact resistant glass assembly that is certified to pass the "large missile test" as defined in the High Velocity Hurricane Zone section of Florida Building Code. If Landlord disapproves of said plans which Landlord may in Landlord's sole, absolute and unfettered discretion, Landlord shall specify the reasons therefor and Tenant shall modify said plans and resubmit same to Landlord within thirty (30) days of Landlord's disapproval for further review and approval, which shall not be unreasonably withheld provided that Tenant has made the requested modifications to the plans. In the event that Tenant fails to submit (or resubmit) plans and specifications on a timely basis, Landlord shall have the option to declare this Lease null and void and retain all money or security deposit held under the terms of this Lease as liquidated damages and neither Landlord nor Tenant shall have any further liability to the other except to the extent that Tenant may have commenced work, moved personally onto the premises or done any such other thing as may result in cost or expense to Landlord. Approval of the plans by Landlord does not constitute any representation or warranty by Landlord that the plans comply with requirements for approval by the governmental authorities and departments having jurisdiction thereof. After having obtained Landlords written approval, as aforesaid, and prior to the commencement of any such work, Tenant shall deliver to Landlord the approval of any and all governmental authorities and departments having jurisdiction thereof, together with a policy or certificate of worker's compensation insurance in statutory limits from Tenant's contractors. Tenant's Work shall be performed by acceptably insured contractors and other licensed and insured professionals selected by Tenant with the prior written approval by Landlord using a contract form acceptable to Landlord and shall be performed in good and workmanlike manner and in accordance approved plans and specifications. The contract for Tenant's Work shall provide for payment on a percentage of completion method of accounting with a ten (10%) percent retainage amount. Landlord may at Landlord's option, require Tenant to post a bond as Landlord may deem appropriate. In the event the cost of Tenant's Work is reasonably estimated by Landlord to be in excess of twenty thousand ($20,000) dollars, Tenant shall deposit an amount equal to twenty (20%) percent of the cost of Tenant's Work into an account maintained by Landlord prior to the commencement of work. One half of this amount shall be applied to the final application for payment by Tenant's contractor and the remaining amount shall be applied to the ten (10%) percent retainage. The payment of the retainage to Tenant's contractor shall be made at the discretion of Landlord, only after the full completion of work to the satisfaction of Landlord and submission of documents required by Landlord, which may include without limitation, construction requisitions, contractors' affidavits and final releases of lien. Should any Tenant's Work be performed and Tenant fail to comply with the requirements herein, Landlord may take any action necessary to protect Landlord's interest in the Property including changing locks to further restrict access by Tenant or its agents so that no additional work may be performed within the Demised JO060512 �avf�r✓� '. .. Tq,.a, MW.6 7t/ Page 16 Premises until such time that the provisions of this Section and Section 12.12 (Liens) have been complied with. In any such action, Tenant hereby waives all claims for inconvenience, disturbance, discomfort, interruption or loss of business or other damages against Landlord therefor and without in any manner affecting Tenant's obligations under this Lease, nor shall the same constitute a constructive or actual eviction nor any ground for an abatement of any Rent. Should the Lease provide that Landlord is to provide partial or full reimbursement for the cost of Tenant's Work in the form of a credit towards the Base Rent due and payable hereunder or otherwise, reimbursement shall be made only after the completion of all Tenant's Work as evidenced by the satisfactory completion of inspections by all regulating authorities, receipt of all final releases of lien, and receipt of certifications from the contractors, architect and engineers stating that all work has been performed in accordance with plans and specifications and Tenant's actually opening for business.. ARTICLE VI - UTILITIES SECTION 6.1 In General. Landlord shall provide the necessary conduits and pipes to the Demised Premises to supply water, gas (if deemed appropriate by Landlord), electricity, telephone service and sewerage service to the Building in which the Demised Premises are located. Without limiting the generality of the other provisions herein, Tenant shall be solely responsible for and promptly shall pay to Landlord as Additional Rent or to the public or private utility company or governmental agency, whichever is supplying the same, as and when the same become due and payable, all charges for water, sewer, electricity, gas, telephone and any other utility or service used or consumed in the Demised Premises. If Landlord elects to supply any such other utility or service, Tenant shall purchase its requirements therefor for the Demised Premises from Landlord and shall pay the charges therefor as Additional Rent at the applicable rates determined by Landlord from time to time, at such times as shall be required by Landlord. Landlord shall not be liable in damages or otherwise for any interruption in the supply of any utility to the Demised Premises nor shall any such interruption constitute any ground for an abatement of any Rent. Tenant shall not at any time overburden or exceed the capacity of the mains, feeders, lines, pipes, ducts, conduits, breakers, or other facilities by which such utilities are so supplied to, distributed in or serve the Demised Premises. If Tenant desires to install any equipment which shall require additional utility facilities or utility facilities of a greater capacity than the facilities provided by Landlord, in Landlord's sole discretion, such installation shall be subject to Landlord's prior written approval. If approved by Landlord, Tenant shall pay Landlord prior to the installation thereof, on demand, the cost for providing such additional utility facilities or utility facilities of a greater capacity. Landlord shall not be responsible for providing any meters or other devices for the measurement of utilities supplied to the Demised Premises. Tenant shall make application and arrange for the installation of all such meters or other devices (not installed by Landlord) as required by Landlord, by any governmental authority, or by any public or private utility company furnishing services to the Demised Premises. SECTION 6.2 Water and Sewer. If water is consumed upon or in the Demised Premises, Tenant shall promptly pay for all costs thereof. If there is a separate water meter servicing the Demised Premises, Tenant shall pay for all costs thereof, including but not limited to, any necessary modification to the water lines, impact fees, activation fees, and charges based on consumption. While Landlord is not required to, if Landlord elects to supply water or other utility service to the Demised Premises, Tenant shall purchase its requirements therefor from Landlord and shall pay the charges therefor as Additional Rent at the applicable rates determined by Landlord from time to time, at such times as shall be required by Landlord. Landlord's determination shall be based on the size of the Demised Premises, type and kind of equipment utilized, type of service provided and hours of operation. Such determination shall be made in the reasonable and sole discretion of Landlord and not be subject to the review or contest by Tenant. Notwithstanding the foregoing, Landlord agrees such amounts charged collectively to all tenants within the Building shall not be in excess of the public utility amounts for the same services charged to Landlord, if available. SECTION 6.3 Garbage Removal. All garbage and refuse shall be kept in the kind of container specified by Landlord and shall be placed in a dumpster enclosure or other area as specified by Landlord in the manner and at the times and places specified by Landlord. If Landlord shall provide or designate a J0060512 Page 17 service for picking up refuse and garbage, Tenant shall purchase its requirements therefor from Landlord and shall pay the charges therefor as Additional Rent at the applicable rates determined by Landlord from time to time, at such times as shall be required by Landlord. Landlord's determination shall be based on the size of the Demised Premises, the Permitted Use, and hours of operation. Such determination shall be made in the reasonable and sole discretion of Landlord and not be subject to the review or contest by Tenant. Notwithstanding the foregoing, Landlord agrees such amounts charged collectively to all tenants within the Building shall not be in excess of the public utility amounts for the same services charged to Landlord, if available. Landlord reserves the right to refuse to collect or accept from Tenant any waste products, garbage, refuse, or trash that is not separated and sorted as required by the Rules and Regulations. If Landlord does not provide or designate a service for picking up refuse and garbage, Tenant shall arrange for the daily pickup of all garbage and refuse at Tenant's sole cost and expense. SECTION 6.4 Electricity. Tenant shall make its own arrangements with Florida Power and Light Company for electric, unless otherwise provided for herein, and Tenant shall promptly pay all costs and charges in connection therewith. If the Demised Premises are not separately metered for electric, Tenant shall purchase its requirements therefor from Landlord and shall pay the charges therefor as Additional Rent at the applicable rates determined by Landlord from time to time, at such times as shall be required by Landlord. Landlord's determination shall be based on the size of the Demised Premises, type and kind of equipment utilized, type of service provided and hours of operation. Such determination shall be made in reasonable and sole discretion of Landlord and not be subject to the review or contest by Tenant. Notwithstanding the foregoing, Landlord agrees such amounts charged collectively to all tenants within the Building shall not be in excess of the public utility amounts for the same services charged to Landlord. SECTION 6.5 Air Conditioning. Miami -Dade County is within a region that has a climate conducive to the growth of mold and mildew. Tenant shall provide proper ventilation and dehumidification within the Demised Premises through regular use of the heating, ventilating and air conditioning to retard or prevent the growth of mold and mildew. Tenant shall provide regular maintenance and service (for example, without limitation, regular filter changes) to the HVAC equipment in the Demised Premises unless otherwise provided for herein, and Tenant shall keep in full force and effect a standard maintenance agreement on all HVAC equipment serving the Demised Premises, at Tenant's sole cost and expense. Tenant shall furnish a copy of such maintenance agreement to Landlord, upon request from time to time. Tenant shall not install any equipment that will cause the HVAC system to exceed or overload its capacity without first obtaining Landlord's written consent. Any consent by Landlord shall be subject to the modification of the HVAC system in accordance with plans and specifications to be approved in writing by Landlord, at Tenant's expense, to accommodate for the installation of said equipment. If Landlord elects to provide any portion of the regular service to the HVAC equipment for the benefit of all tenants within the Building, then the cost thereof shall be an Operating Expense. Landlord shall also have the right, at Landlord's option, to require Tenant to acquire and maintain an acceptable appliance service contract for the maintenance of the HVAC system which includes regular preventive maintenance. ARTICLE VII - INDEMNITY AND INSURANCE SECTION 7.1 Indemnity and Hold Harmless. Tenant shall protect, defend (with counsel reasonably approved by Landlord), indemnify, hold and save free and harmless Landlord and Landlord's agents, partners, officers, directors, attorneys and representatives, from and against any and all Indemnified Acts (i) arising, directly or indirectly, out of or from or on account of any occurrence in, upon, or from the Demised Premises, or (ii) occasioned wholly or in part through the use and occupancy of the Demised Premises or any improvements therein or appurtenances thereto, or (iii) by any act, omission, breach or negligence of Tenant or any subtenant, concessionaire, independent contractor or licensee of Tenant, or their respective employees, agents, contractors or invitees in, upon, at or from the Demised Premises or its appurtenances or any Common Areas of the Property, unless such Indemnified Act is the direct result of Landlord's gross negligence or willful misconduct. Tenant and all those claiming by, through or under Tenant shall occupy and use the Demised Premises and any improvements therein and appurtenances thereto and all other portions of the building and Property solely at their own risk, and Tenant and all those claiming by, through or under Tenant hereby release Landlord, to the full extent permitted by law, from all claims of every kind, including loss of life, personal or bodily injury, damage to merchandise, equipment, fixtures or other property, or damage to business, or for business interruption, arising, directly or indirectly, out of or from or on account of such occupancy and use or resulting from any present or future condition or state of repair thereof. .10060512 , els C;- enerrt'a lmOds Page I Landlord shall not be responsible or liable at any time to Tenant, or to those claiming by, through or under Tenant, for any loss of life, bodily or personal injury, or damage to property or business, or for business interruption, that may be occasioned by (i) any failure by any tenants or occupants of the Building to comply with any of the terms of their leases or agreements or (ii) the acts, omissions or negligence, criminal and otherwise, of any other tenants or occupants of any portion of the Building or any other person. Except as otherwise provided for in this Lease, and without limiting the foregoing, Landlord shall not be responsible or liable for any defects, latent or otherwise, in any Building or improvements on the Property or any of the equipment, machinery, utilities, appliances or apparatus therein, nor shall Landlord be responsible or liable at any time for loss of life, or injury or damage to any person or to any property or business of Tenant, or those claiming by, through, or under Tenant, caused by or resulting from the (i) bursting, leaking, running, seeping, overflowing or backing up of water, steam, gas, or sewage in any part of the Demised Premises resulting from the failure of the roof, plumbing fixtures or otherwise, (ii) the failure or defect in any electrical line, circuit or facility, (iii) interruption of any utility or utilities for maintenance, replacement, (iv) acts of God or the elements, riots, labor disputes, acts of declared and undeclared war, or (v) defect or negligence in the occupancy, construction, operation, maintenance, repair or use of any Buildings or improvements on the Property, including the Demised Premises, or any of the equipment, fixtures, machinery, appliances or apparatus therein. Tenant expressly acknowledges that all of the foregoing provisions of this Section shall apply and become effective from the Effective Date and shall survive the expiration or sooner termination hereof. SECTION 7.2 Landlord's Insurance. Landlord may procure and keep in full force and effect during the Term of this Lease comprehensive public liability, commercial general liability, property damage, fire, extended coverage, casualty, rent Toss, flood insurance and all such other types of insurance as reasonably determined by Landlord or Landlord's mortgagee covering the Building and the Property, on an "all risk" basis up to (at Landlord's option) the full replacement cost value and in amounts necessary to meet any coinsurance clause and as are customary with respect to properties in the vicinity. The premiums and all other costs for such insurance (or self insurance retention amount in accordance with Landlord's self insurance program) shall be included in Operating Expenses, and Tenant shall pay in respect to the same. Landlord may procure and keep in full force and effect as long as this Lease remains in effect and during such other time as Tenant occupies the Demised Premises or any part thereof, rent insurance and/or use and occupancy insurance, in an amount not less than the annual Base Rent plus estimated annual Common Area Charges. The premiums and all other costs for such insurance shall be included in Operating Expenses, and Tenant shall pay in respect to the same. Tenant shall not carry any stock of goods or do anything in or about the Demised Premises which may be prohibited by or violate any of Landlord's insurance policies or the rules and regulations of the Fire Insurance Rating Organization having jurisdiction or any similar body, or which may in any way tend to increase the insurance rates on the Demised Premises and/or the Building of which they are a part. SECTION 7.3 Tenant's Insurance. Tenant agrees to secure and keep in full force and effect from and after the date Landlord shall deliver possession of the Demised Premises to Tenant and throughout the Term of this Lease, at Tenant's own cost and expense: (a) commercial general liability Insurance from an acceptably rated insurance carrier, on an occurrence basis with minimum limits of liability in an amount of one million ($1,000,000.00) dollars combined single limit for bodily injury, personal injury or death; (b) property damage insurance in an amount adequate to cover the full replacement value of all leasehold improvements, including all alterations, additions or improvements to the Demised Premises, fixtures, contents, merchandise, furnishings, wall coverings, carpeting, equipment and all other items of Tenant's personal property in the Demised Premises; (c) plate glass insurance covering all plate glass of the Demised Premises, if any; (d) workers' compensation coverage as required by law; (Demised Premises, of not less than three million ($3,000,000) dollars per occurrence for personal injury and death and e) liquor liability coverage (if applicable to Tenant's business) and coverage for liability arising out of the consumption of alcoholic beverages on or obtained at the property damage; and (f) such insurance as may from time to time be required by city, county, state or federal laws, codes, regulations or authorities, together with such other insurance and in such amounts as may from time to time be reasonably required by Landlord. J0060511 Landlords lrxilSls Renent's IndWs'• '• Page 19 SECTION 7.4 Insurance Requirements. Prior to the delivery of possession of the Demised Premises by Landlord to Tenant, Tenant shall deliver to Landlord an ACORD 27 insurance certificate or memoranda of insurance, in form, amount and substance acceptable to Landlord, for all the policies to be procured by Tenant. Prior to the expiration or earlier cancellation of any such policies, Tenant shall deliver certificates or memoranda of insurance, in form, amount and substance acceptable to Landlord, evidencing renewal or replacement of such policies. All insurance policies to be furnished by Tenant under the terms of this Lease shall be issued in the names and for the benefit of Landlord and Tenant, in form, amount and substance by one or more responsible insurance companies satisfactory to Landlord and licensed to do business in the State of Florida. The policies shall contain a provision that said insurance shall not be cancelled or amended with respect to Landlord except upon thirty (30) days' prior written Notice from the insurance company to Landlord, and provide further that in the event of payment of a loss covered by such policy, Landlord shall be the first payee. Tenant shall be solely responsible for the payment of premiums under the policies described in Section 7.3 (Tenant's Insurance) and Landlord shall have no obligation for the payment thereof. The minimum limits of coverage as set forth in this Article VII (Indemnity and Insurance) may from time to time, at Landlord's option, be increased as may be reasonably required by Landlord so as to conform to prudent management practices. If Tenant fails to deliver evidence of new and renewed insurance policies, Landlord may procure (but shall not be so obligated) and the amount so paid by Landlord shall be added to the Rent becoming due in the next succeeding month. All insurance policies required of Tenant under this Lease shall be primary, non-contributory and not excess and contain an express waiver of any right of subrogation by the insurance company against Landlord, Tenant hereby expressly waiving any such right of subrogation for any reason or occurrence whatsoever. The minimum limits of any insurance coverage to be maintained by Tenant hereunder shall not limit Tenant's liability under the indemnity provisions of this Lease. ARTICLE VIII - EMINENT DOMAIN SECTION 8.1 Eminent Domain. If any portion of the Demised Premises should be acquired or taken by eminent domain for any public or quasi -public use or purpose or by negotiated conveyance in lieu thereof as may be authorized by law, then the Term of this Lease shall terminate as of the date of title vesting in such proceedings or settlement in lieu thereof, and Tenant shall pay all Rents and charges and perform all of its other obligations under this Lease, and Landlord shall perform all of its obligations under this Lease, up to such date (after such date Tenant's obligation to pay Rent and all other charges or costs shall end). The early termination of this Lease will cause Tenant to incur costs not contemplated by this Lease, the exact amount of which would be extremely difficult to ascertain. Such costs may include loss of use of the interior improvements within the Demised Premises, loss of business revenue, costs of relocation, and set-up costs for establishing Tenant's business in a new location. In such event, Tenant shall be entitled to be compensated by Landlord a negotiated amount, not to exceed six (6) months' Base Rent. It is agreed by both parties that the said amount is fair and reasonable compensation under the circumstances. SECTION 8.2 Temporary Taking. Notwithstanding anything to the contrary in this Article, the requisitioning of the Demised Premises or any part thereof by military or other public authority for purposes arising out of a temporary emergency or other temporary situation or circumstance shall constitute a taking of the Demised Premises by condemnation when the use or occupancy by the requisitioning authority is expressly provided to continue, or shall in fact have continued, for a period of one hundred eighty (180) days or more, and if the Lease is not thereafter terminated under the foregoing provisions of this Article, then for the duration of any period of use and occupancy of the Demised Premises by the requisitioning authority, all of the terms and provisions of this Lease and obligations of Tenant hereunder shall remain in full force and effect, except that the Base Rent shall be reduced in the same proportion that the Net Leasable Area of the Demised Premises so requisitioned bears to the total Net Leasable Area of the Demised Premises prior to such temporary taking, and Landlord shall be entitled to whatever compensation may be payable from the requisitioning authority for the use and occupation of the Demised Premises for the period involved. J0060512 Page 20 SECTION 8.3 Damages. In consideration of the amount due and payable by Landlord to Tenant in the event of an early termination as described hereinabove, as between Landlord and Tenant, all damages for any condemnation of the Property or the improvements thereon, shall belong to Landlord without any deduction therefrom for any present or future estate of Tenant, and Tenant hereby assigns to Landlord all its right, title and interest to any such award, whether such damages are awarded as compensation for diminution in value of the leasehold, reversion or fee of the Demised Premises, or Tenant's improvements. Tenant expressly waives the right to claim and recover from Landlord or the condemning authority. ARTICLE IX — CASUALTY, RESTORATION, AND RELOCATION SECTION 9.1 Loss by Insurable Casualty. If the Demised Premises should be partially damaged or destroyed during the Term of this Lease by any casualty insurable under Landlord's fire and extended coverage insurance policies, Landlord shall (except as hereafter provided and subject to Section 9.3 (Option to Terminate) and those matters constituting Force Majeure) repair and/or rebuild the shell of the Demised Premises to at least the condition in which the same were immediately prior to such damage or destruction provided, however, that in no event shall Landlord's obligation under this Section exceed the scope of the work done by Landlord in the original construction of the Demised Premises. In the event of any such damage or destruction, and unless this Lease shall be terminated as hereinafter provided, Tenant shall forthwith after the repair and rebuilding by Landlord, replace or fully repair all leasehold improvements, signs, trade fixtures, equipment, merchandise, furnishings, display cases, and other installations originally installed by Tenant or previous tenants of the Demised Premises in a manner and to at least a condition equal to that existing prior to their damage or destruction. The proceeds of all insurance carried by Tenant on said property shall be held in trust for the purposes of such repair, restoration or replacement. In the event of any such reconstruction by Tenant, an architect duly registered and licensed in the State of Florida shall be approved by Landlord and shall direct the payment of such insurance proceeds. Such insurance proceeds shall be payable to Tenant only upon receipt by Landlord of certificates of said architect stating that the payments specified therein are properly payable for the purpose of reimbursing Tenant for expenditures actually made by Tenant in connection with such work. At the election of Landlord or Mortgagee, direct payments may be made to material suppliers and laborers upon written certification by said architect that such payments are due and payable. In making repairs, restoration or reconstruction, Landlord and Tenant, at their sole cost and expense for their respective repairs, restoration or reconstruction as set forth in this Section„ shall comply with all laws, ordinances, and governmental rules or regulations, and shall perform all work or cause such work to be performed with due diligence and in a first-class manner, all in compliance with applicable provisions of this Lease, or, as to Tenant's repairs, restoration, or reconstruction, at Landlord's sole election, in accordance with new plans and specifications prepared by Tenant, at Tenant's expense, and acceptable to Landlord and Tenant. SECTION 9.2 Operation and Rent During Repair Period. During any period of reconstruction or repair of the Demised Premises, Tenant shall continue the operation of its business in the Demised Premises to the extent reasonably practicable from the standpoint of good business and safety. Unless such destruction was wholly or partially caused by the negligence or breach of the terms of this Lease by Tenant, its employees, licensees, subtenants or contractors, and to the extent that the reconstruction or repair period exceeds thirty (30) days, the Base Rent shall be equitably abated (i.e. in the same proportion that the Net Leasable Area of the Demised Premises destroyed bears to the original Net Leasable Area of the Demised Premises) during any period in which, by reason of any such damage or destruction there is a substantial interference with the operation of Tenant's business within the Demised Premises as reasonably and solely determined by Landlord, having regard to the extent to which Tenant may be required to discontinue its business in the Demised Premises, and such abatement shall continue for a period commencing with such destruction or damage and ending with the completion by Landlord of such work or repair and/or reconstruction as Landlord is obligated to do. Except for the abatement of Base Rent hereinabove set forth, Tenant shall not be entitled to and hereby waives all claims against Landlord for any compensation or damages for loss of use of the whole or any part of the Demised Premises and/or for any interruption or loss of business, inconvenience or annoyance occasioned by any such damage, destruction, repair or restoration. SECTION 9.3 Option to Terminate. Landlord shall have the right at its sole option and without penalty to terminate this Lease (i) if the Demised Premises are damaged in whole or in material part as a result of a risk which is not covered by Landlord's insurance policies; (ii) if the Building of which the Pagc 21 Demised Premises forms a part is damaged (whether or not the Demised Premises are damaged) to an extent of ten (10%) percent or more of the then replacement value thereof; (iii) if any or all of said Buildings or the Common Areas are damaged (whether or not the Demised Premises are damaged) to such an extent that the Building cannot in the sole judgment of Landlord be optimally operated as an integral unit, or if Landlord is unable to obtain all desired governmental approvals relating thereto. In any such event, then within ninety (90) days of any such occurrence (one hundred eighty (180) days in the event of a hurricane or other casualty that creates widespread damage to the surrounding area), Landlord may either terminate this Lease without penalty or elect to repair or restore said damage or destruction in which latter event, Landlord shall repair and/or rebuild the same as provided in Section 9.1 (Loss by Insurable Casualty) and the Base Rent shall be equitably abated if provided in Section 9.2 (Operation and Rent During Repair Period). If such damage or destruction occurs and this Lease is not so terminated by Landlord, this Lease shall remain in full force and effect and the parties waive the provisions of any law to the contrary. Landlord's obligation under this Section shall in no event exceed (i) the scope of the work to be done by Landlord in the original construction of said Building and the Demised Premises, or the scope of Landlord's Work as contained within Exhibit "C", if any. In the event Landlord exercises any of the foregoing options to terminate, the portion of the proceeds of the insurance provided in Section 7.4 (Insurance Requirements), which is allocable to equipment, fixtures and other items, which, by the terms of this Lease, rightfully belong to Landlord upon the expiration or termination of this Lease shall be paid by the insurance company or companies directly to Landlord, and shall belong to, and be the sole property of, Landlord. SECTION 9.4 Option to Relocate. Landlord shall have the right at its sole option at any time and from time to time, to require Tenant to relocate to another space in the building, if available, at Landlord's expense in accordance with and subject to the following provisions. Landlord shall serve upon Tenant a written notice of relocation specifying the space designated by Landlord to which Tenant may relocate (the "Relocation Premises") and the date on which such relocation is to take place, such date to be at least ninety (90) days from the date of the notice of relocation. The notice of relocation need not be associated with a casualty as described elsewhere in this Article IX (Casualty, Restoration, and Relocation). Tenant shall then so relocate to the Relocation Premises; provided however, if, in the sole but reasonable opinion of Tenant, the Relocation Premises are unsuitable for the operation of Tenant's business in accordance with the Permitted Use, Tenant shall have the right at its sole option and as its sole remedy, to terminate this Lease effective as of the date which is thirty (30) days after Landlord's receipt of such Notice. If Tenant fails to notify Landlord, in writing, within thirty (30) days from the date of the Notice of relocation that Tenant shall accept the Relocation Premises, it shall be conclusively deemed that Tenant shall have elected to terminate this Lease, effective as of the date which is forty-five (45) days after the Notice of relocation. The obligation of Landlord to pay the cost of relocation shall be limited to the actual expenses incurred in the physical relocation of Tenant. If Tenant relocates to the Relocation Premises as provided for herein, all Base Rent under this Lease will abate during the period, if any, that Tenant has permanently and properly closed the Demised Premises for business until the earlier to occur of: (i) the date on which Tenant opens the Relocation Premises for business; or (ii) the date which is one hundred twenty (120) days following the date on which Landlord delivers the Relocation Premises to Tenant. Thereafter, the Rent calculated pursuant to this Lease on the basis of the Net Leasable Area of the Demised Premises shall be increased or decreased to reflect the difference, if any, between the Net Leasable Area of the Demised Premises and the net leasable area of the Relocation Premises. ARTICLE X — EVENT OF DEFAULT AND REMEDIES SECTION 10.1 Default by Tenant. The occurrence of any one or more of the following events shall constitute an Event of Default: (i) if Tenant shall fail to take possession of the Demised Premises as of the Commencement Date or Tenant Abandons the Demised Premises at any time during the Term of this Lease; (ii) if Tenant shall fail to pay any monthly installments of Rent as they become due and payable; (iii) if Tenant shall fail to continuously operate its business in compliance with the provisions of Article III (Use of Premises) and such failure continues for more than Seven (7) days after written Notice shall have been delivered to Tenant specifying the nature of such failure; (iv) if Tenant shall fail to keep, observe or perform any of the covenants, agreements, stipulations and conditions herein not otherwise specifically addressed in this Lease, to be kept, observed or performed by Tenant and such failure continues for more than Seven (7) days after written Notice shall have been delivered to Tenant specifying the nature of such J0060S12 Page 22 failure (or if such failure cannot be cured or corrected within that time, then such additional time as may be necessary if Tenant has commenced within such Seven (7) days and is diligently pursuing the remedies or steps necessary to cure or correct such failure); (v) if Tenant is a licensee or franchisee under a license or franchise agreement and Tenant loses its license or franchise rights or otherwise defaults under such license or franchise agreement; (vi) if this Lease or any portion of Tenant's interest hereunder is Transferred, except as herein provided; (vii) if Tenant shall be in default of any other agreement with Landlord involving the Property (and a default under this Lease shall constitute a default by Tenant under any such agreement); (viii) if Tenant fails to pay personal property taxes when due for which Tenant is responsible; (ix) if Tenant shall fail to cure, immediately after Notice from Landlord, any hazardous condition which Tenant has created or suffered in violation of law or this Lease; or (x) if an occurrence elsewhere in this Lease defined as an Event of Default occurs beyond any applicable cure period.; (xi) if Tenant or any Guarantors under this lease shall file a Petition of Bankruptcy or otherwise claim one or the other to be a bankrupt. Notwithstanding anything contained in this Lease to the contrary, (i) the "grace" or "cure" periods set forth in this Section shall not excuse, delay or otherwise affect Tenant's obligation to promptly commence to cure an Event of Default or any event which, with the passage of time, the giving of Notice or both, could ripen into an Event of Default, and (ii) if Tenant shall fail to comply with the Rules and Regulations or default in the performance of any other covenants of this Lease three (3) times, in the aggregate, in any period of twelve (12) consecutive months, then, notwithstanding that such defaults shall have been cured within the period after Notice as above provided, any further similar default shall be deemed to be deliberate and an Event of Default, and Landlord thereafter may immediately exercise any and all rights and remedies as provided in Section 10.2 (Remedies of Default) below without affording to Tenant an opportunity to cure such further default. SECTION 10.2 Remedies of Default. Should an Event of Default occur, Landlord, at any time and from time to time may pursue any one or more of the following remedies: (i) Declare this Lease terminated and the Term ended, in which event, this Lease and the Term hereof shall expire, cease and terminate with the same force and effect as though the date set forth in the Notice of termination was the date originally set forth herein and fixed for the expiration of the Term. In such event, Tenant's right to possession shall cease and Tenant shall immediately surrender possession of the Demised Premises to Landlord. Landlord shall be entitled to recover from Tenant all damages incurred by Landlord by reason of Tenant's default including, but not limited to, the cost of recovering possession of the Demised Premises by any lawful means; expenses of reletting the Demised Premises, including necessary renovation and alteration, of the Demised Premises, reasonable attorney fees, any brokerage commission; all unpaid Rent for the balance of the Term (present valued as of the date of the award using the discount rate of 8%, compounded monthly). Unpaid installments of Rent or other sums shall bear interest from the date first due at the rate of 18% per annum; or (ii) Maintain Tenant's right to possession, in which case this Lease shall continue in effect whether or not Tenant shall have abandoned the Demised Premises. In such event, Landlord shall be entitled to enforce all of Landlord's rights and remedies under this Lease, including the right to recover the Rent as it becomes due hereunder; or (iii) Pursue any other remedy now or hereafter available to Landlord under applicable laws. In addition to any other remedies it may have, Landlord may recover from Tenant all damages it may incur by reason of Tenant's breach, including the cost of recovering the Demised Premises, and Landlord's reasonable attorneys' fees and collection fees. SECTION 10.3 Landlord's Performance of Tenant's Covenants. In the event upon written demand by Landlord, Tenant fails, neglects, or refuses to perform within the required time periods, any covenant, agreement or condition required hereunder, Landlord may (but without obligation) perform such covenant, condition or agreement, and any money expended thereon shall be charged to the account of Tenant, payable forthwith upon demand as Additional Rent, together with an administrative charge of twenty-five (25%) percent of such costs, and the failure of Tenant, after notice and an opportunity to cure as set forth in this Lease, to repay Landlord for any money so paid out and expended shall additionally constitute an Event of Default. SECTION 10.4 Rights Cumulative. All rights and remedies of Landlord and Tenant herein enumerated shall be cumulative and none shall exclude any other right or remedy allowed by law, and said J0060512 tekt- Page 23 rights and remedies may be exercised and enforced concurrently and whenever and as often as occasion therefor arises. SECTION 10.5 Attorneys' Fees. In the event of litigation arising out of or related to this Lease, each party shall be responsible for its own attorneys' fees and costs. This Section shall expressly survive the termination of the Lease. SECTION 10.6 Landlord's Lien. Landlord shall have a valid and subsisting lien for the payment of all Rents and other sums to be paid by Tenant and reserved hereunder (including all costs and expenses including attorneys' fees, incurred by Landlord in recovering possession of the Demised Premises and the reletting thereof as provided under this Article X (Defaults and Remedies), which shall be deemed to be Rent) upon the Leasehold Improvements situated in the Demised Premises, and such Leasehold Improvements shall not be removed therefrom without the prior written consent of Landlord. In an Event of Default, Landlord may take any action necessary to protect Landlord's interest in the Leasehold Improvements including changing locks to restrict access by Tenant without such action constituting a constructive eviction. Tenant shall execute, acknowledge and deliver to Landlord such financing statements and other instruments as Landlord may from time to time request in order to effectuate the foregoing sentence within ten (10) days after Landlord's request therefor. Failure of Tenant to comply with Landlord's requests under this section shall constitute an Event of Default. Tenant shall not assign, lien, encumber, chattel mortgage or create a security interest in and to or upon its Leasehold Improvements in the Demised Premises without first obtaining in each and every instance the prior written consent of Landlord, which consent may be unreasonably withheld. Any consent by Landlord to such security interest shall be held to apply only to the specific transaction thereby authorized and shall not constitute a waiver of the necessity for such consent to any subsequent transaction, including, without limitation, a modification thereof. Any violation of the terms of this provision by Tenant shall be without force and effect, shall not be binding upon Landlord, and shall constitute an Event of Default. SECTION 10.7 General. Without limiting the generality of the other provisions herein, in the event at any time Tenant shall be in default of both monetary and nonmonetary terms, covenants or conditions of this Lease, any acceptance by Landlord of any payment rendered by Tenant shall not have the effect of curing Tenant's nonmonetary defaults and shall not have the effect of curing any monetary default other than the particular amount owing for which such payment is specifically accepted by Landlord. Following Notice of termination or any other remedy exercised by Landlord with respect to any monetary default of Tenant, such default shall not be deemed cured by the payment of Rent owing by Tenant for the current period only, and Landlord may apply such payments to current Rent only without any effect upon Tenant's existing indebtedness and continuing monetary default, notwithstanding any contrary instructions by or on behalf of Tenant, which instructions shall be null and void and of no effect. In addition, after the service of Notice or the commencement of a suit, or after final judgment for the possession of the Demised Premises, Landlord may receive and collect Rent due from Tenant, and the payment of Rent by Tenant shall not waive or affect said Notice or suit or judgment. Any breach or default by Tenant of its obligations under this Lea shall be deemed material. Tenant and Guarantor(s) hereby irrevocably consents and submits to the jurisdiction of any federal, state, county or municipal court sitting in the State of Florida, and in the County where the Premises are located in respect to any action or proceeding brought therein by Landlord against Tenant concerning any matters arising out of or in any way relating to this Lease or any Guaranty thereof. Tenant and Guarantors hereby irrevocably consents to the service upon it/them of process in any such action or proceeding by the mailing of such process to Tenant at the Demised Premises and Guarantors at the address provided herein for the Guarantors or at such other address as Tenant may specify in a writing, sent to Landlord by certified or registered mail, return receipt requested, and hereby agrees that such service shall be deemed sufficient. Tenant agrees that any action or proceeding brought under or arising out of or in any way relating to this Lease shall be brought only in the State of Florida and the county where the Premises are located, and that venue and/or jurisdiction shall lie therein. The law of the State of Florida, without reference to its conflict of laws provisions, shall apply to the interpretation of and govern the terms and provisions of this Lease. SECTION 10.8 Waiver of Jury Trial and Counterclaim. LANDLORD, TENANT and GUARANTOR(S), IF ANY EXPRESSLY WAIVE TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM BROUGHT BY EITHER PARTY AGAINST THE OTHER ON ANY MATTER WHATSOEVER ARISING OUT OF OR IN ANY WAY CONNECTED WITH Page 24 THIS LEASE, THE RELATIONSHIP OF LANDLORD AND TENANT AND/OR GUARANTOR(S) CREATED HEREBY, TENANTS USE OR OCCUPANCY OF THE DEMISED PREMISES, AND/OR ANY CLAIM FOR INJURY OR DAMAGE. IN THE EVENT LANDLORD COMMENCES ANY ACTION OR PROCEEDING FOR NON-PAYMENT OF RENT, ADDITIONAL RENTS OR OTHER CHARGES DUE HEREUNDER, OR AN ACTION UNDER ANY APPLICABLE GUARANTY, TENANT AND GUARANTOR(S) AGREE NOT TO INTERPOSE ANY NONCOMPULSORY COUNTERCLAIM OF ANY NATURE OR DESCRIPTION IN ANY SUCH ACTION OR PROCEEDING. THE FOREGOING, HOWEVER, SHALL NOT BE CONSTRUED AS A WAIVER OF TENANT'S OR GUARANTOR'S RIGHT TO ASSERT SUCH CLAIM IN A SEPARATE ACTION OR PROCEEDING INSTITUTED BY TENANT. THIS SECTION SHALL EXPRESSLY SURVIVE THE TERMINATION OF THE LEASE. ARTICLE XI - SECURITY DEPOSIT AND PREPAID RENT SECTION 11.1 Amount of Security Deposit. Teenant, contemporaneously with the execution of this Lease, has deposited with Landlord the sum set forth in Schedule "A", receipt of which (if by check, subject to collection) is hereby acknowledged by Landlord. Said deposit shall be held by Landlord and may be freely commingled with other funds of Landlord, without liability for interest, as security for the faithful performance by Tenant of all of the terms, covenants, and conditions of this Lease by Tenant to be kept and performed during the Term hereof. Landlord may deliver the funds deposited hereunder by Tenant to the purchaser of Landlord's interest in the Demised Premises, in the event that such interest is sold, and thereupon Landlord shall be discharged from any further liability with respect to such deposits. SECTION 11.2 Use and Return of Security Deposit. In the event of the failure of Tenant to keep and perform any of the terms, covenants and conditions of this Lease to be kept and performed by Tenant, then Landlord at its option may (but without obligation), with or without terminating this Lease, appropriate and apply said entire deposit, or so much thereof as may be necessary, to compensate Lanllord for all loss or damage, sustained or suffered by Landlord due to such breach on the part of Tenant. Should the entire deposit, or any portion thereof, be appropriated and applied by Landlord for the payment of overdue Rent or other sums due and payable to Landlord by Tenant hereunder, then Tenant shall, upon the written demand of Landlord, forthwith remit to Landlord a sufficient amount in cash to restore said security to the original sum deposited, and Tenant's failure to do so within five (5) days after its receipt of such demand shall constitute an Event of Default. Should Tenant comply with all of said terms, covenants and conditions and promptly pay all Rent herein provided for as and when due, and all other sums payable by Tenant hereunder, the said deposit shall be returned in full to Tenant at the end of the Term of this Lease. SECTION 11.3 Last Month's Prepaid Rent. Tenant, contemporaneously with the execution of this Lease, has deposited with Landlord the sum set forth in Schedule "A", receipt of which (if by check, subject to collection) is hereby acknowledged by Landlord, representing partial last month's rental of this Lease or any renewal or extensions thereto. SECTION 11.4 Lease Guarantor. In consideration for and as an inducement to this Lease, the undersigned Guarantor hereby unconditionally and irrevocably guarantees to Landlord the punctual payment of all Rent payable by Tenant under and in accordance with this Lease and the due performance of all the other terms, covenants and conditions contained in this Lease to be paid or performed by Tenant hereunder throughout the Term of this Lease and any and all renewals and extensions thereof in accordance with and subject to the provisions of the Lease. This guaranty shall be absolute, continuing and unlimited, and Landlord shall not be required to take any proceeding against Tenant, or give any Notice to the Guarantor, before Landlord has the right to demand payment or performance by the Guarantor upon default by Tenant and Guarantor expressly agrees to waive any trial by jury and not interpose any counterclaim (other than a compulsory counterclaim) in any action brought by Landlord under the Guaranty. In the event of default by Tenant, Guarantor does hereby covenant and agree to pay Landlord in each and every instance such sum or sums of money as Tenant is and shall become liable for or obligated to pay under the Lease and fully to satisfy and perform all other terms, covenants and conditions of the Lease to be performed by Tenant thereunder, together will the costs reasonably incurred in connection with collection under this guaranty. GUARANTOR EXPRESSLY ACKNOWLEDGES THAT IT HAS READ AND AGREES TO BE RESPONSIBLE FOR THE FAITHFUL PERFORMANCE OF TENANT UDNER THE LEASE AND EXPRESSLY ACKNOWLEDGES AND AGREES THAT IT MAY BE A GUARANTOR AS PROVIDED IN Page 25 PARAGRAPH 12.4. V A (initials of Guarantor(s) '"(initials of Guarantor(s)) SECTION 11.5 Surrender of Demised Premises. On the expiration or sooner termination of this Lease, Tenant shall without demand peaceably and quietly surrender the Demised Premises in good order, condition and repair, reasonable wear and tear excepted. All Leasehold Improvements upon the Demised Premises shall become the property of Landlord and shall remain upon and be surrendered with the Demised Premises as a part thereof, without disturbance, molestation or injury, all without compensation or credit to Tenant; provided, however, if prior to said expiration or termination, or within fifteen (15) days thereafter, Landlord so directs by written Notice to Tenant, Tenant shall promptly remove those items designated in said Notice, and repair any damage occasioned by such removal, and in default thereof, Landlord may effect said removals and repairs and Tenant will pay to Landlord, on demand, the cost thereof, together with an administrative fee equal to twenty-five (25%) percent thereof. If the Demised Premises are not surrendered upon the expiration or sooner termination of the Term, Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant in so surrendering the Demised Premises, including without limitation, any claims made by any succeeding tenant arising out of such delay. Tenant's obligation to indemnify Landlord shall survive the expiration or sooner termination hereof. In addition, each and every provision of this Lease intended to survive the expiration or sooner termination thereof shall survive. Tenant acknowledges and agrees to remain liable for any and all obligations, claims, demands and liabilities accruing under the Lease prior to the expiration or sooner termination hereof, whether or not such obligations, claims, demands and/or liabilities are direct or indirect, determined or undetermined, contingent or otherwise, as of the expiration or sooner termination hereof. SECTION 11.6 Holding Over. If Tenant shall be in possession of any portion of the Demised Premises after the expiration or sooner termination of this Lease, in the absence of any written agreement extending the Term hereof, the tenancy under this Lease shall become a month -to -month tenancy and, at Landlord's option, a tenancy at sufferance, at a monthly rental equal to 150% of the sum of the Rent payable during the last month of the expired Term if the Demised Premises has not been leased by Landlord to a third party, or at a monthly rental equal to 200% of the sum of the Rent payable during the last month of the expired Term if the Demised Premises has been leased by Landlord to a third party. Such month -to -month tenancy shall also be subject to all other conditions, provisions and obligations of this Lease. Tenant shall not interpose any counterclaim or counterclaims in a summary proceeding or other action based on such holding over. ARTICLE XII - MISCELLANEOUS SECTION 12.1 Access to Building by Tenant. Should the Demised Premises be situated in a location whereby Tenant must enter through an area of restricted entry to access the Demised Premises, Landlord shall furnish access to the Building during normal business hours. Access during other than normal business hours shall be provided in such form as Landlord deems appropriate. Tenant shall cooperate fully in Landlord's efforts to maintain security in the form of restricted access to the Building. SECTION 12,2 Access to Demised Premises by Landlord. Landlord and its authorized representatives shall have the right to enter upon the Demised Premises during all regular business hours (and in emergencies at all times) for the purpose of inspecting the same, and for making repairs, additions or alterations to the Demised Premises or any property owned or controlled by Landlord and for any other lawful purpose. Landlord reserves the right to place, maintain and repair all utility equipment in, upon, above or under the Demised Premises. Landlord shall not be liable for any inconvenience, disturbance, discomfort, interruption or loss of business or other damage to Tenant by reason of the performance by Landlord (Warty work in, upon, above or under the Demised Premises or for bringing materials, tools and equipment in, through or above the Demised Premises during the course thereof, and the obligations of Tenant under this Lease shall not thereby be affected in any manner whatsoever, nor shall the same constitute a constructive or actual eviction nor any ground for an abatement of rents or any other charges hereunder. If Tenant or Tenant's employees shall not be personally present to permit an entry into the Demised Premises when for any reason an entry therein shall be permissible, Landlord may enter the same by the use of force or otherwise without rendering Landlord liable therefor and without in any manner affecting Tenant's obligations under this Lease. For each of the aforesaid purposes, Landlord shall, at its option, at all times have and retain a key with which to unlock all of the doors in, upon and about the Demised Premises, excluding any vaults, safes and files. For a period commencing six (6) months prior to the expiration of this Lease, Landlord may have access to the Demised Premises during normal business hours for the purpose of exhibiting the same to prospective tenants and any other person or entity. J0060512 Landlord S lnifiNs �/1 :;1, Page 26 SECTION 12.3 Waiver of Liability. Anything contained in this Lease to the contrary notwithstanding, Tenant shall look solely to the estate and Property of Landlord of which the Demised Premises forms a part for the collection of any judgment (or 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 and provisions of this Lease to be observed and/or performed by Landlord, subject, however, to the prior rights of any ground or underlying lessors or the holder of any mortgage covering the Property, and no other assets of Landlord shall be subject to levy, execution or other judicial process for the satisfaction of Tenant's claim. In the event Landlord conveys or transfers its interest in the Property or in this Lease, except as collateral security for a loan, upon such conveyance or transfer, and after notifying Tenant of the same, Landlord shall be entirely released and relieved from all liability with respect to the performance of any covenants and obligations on the part of Landlord to be performed hereunder; it being intended hereby that the covenants and obligations on the part of Landlord to be performed hereunder shall he binding on its successors and assigns. If Tenant claims or asserts that Landlord has violated or failed to perform a covenant of Landlord not to unreasonably withhold or delay Landlord's consent or approval, Tenant's sole remedy shall be an action for specific performance, declaratory judgment or injunction and in no event shall Tenant be entitled to any money damages for a breach of such covenant and in no event shall Tenant claim or assert any claim for any money damages in any action or by way of setoff, defense or counterclaim, and Tenant hereby specifically waives the right to any money damages or other remedies in such event. SECTION 12.4 Assignment and Subletting. Tenant shall not Transfer all or part of the Demised Premises without first having obtained the written consent of Landlord, which consent may conditioned or delayed in Landlord's sole discretion (including to but not limited to as described below) and may otherwise be withheld or denied in Landlord's sole, absolute and unfettered discretion. Shall not unreasonably withheld. Any such Transfer, if permitted by Landlord, shall be subject to and conditioned upon the following: (i) at the time of any such proposed Transfer, Tenant shall not be in default under any of the terms, provisions or conditions of this Lease; (ii) the transferee shall occupy the Demised Premises and conduct its business in accordance with the Permitted Use; (iii) Tenant and its transferee shall execute, acknowledge and deliver to Landlord a fully executed counterpart of a written assignment of Lease or sublease, as the case may be, duly consented to by the Guarantor, if any, by the terms of which: (1) in case of an assignment, Tenant shall assign to such assignee Tenant's entire interest in this Lease, together with all prepaid rents and rights to the Security Deposit hereunder, if any, and the assignee will accept said assignment and assume and agree to perform, directly for the benefit of Landlord, all of the terms, covenants and conditions of this Lease on Tenant's part to be performed hereunder; or (2) in case of a subletting, the sublease and the sublessee's interest therein in all respects shall be subject and subordinate to all of the terms, covenants and conditions of this Lease and the sublessee thereunder shall agree to be bound by and to perform all of the terms, covenants and conditions of this Lease on Tenant's part to be performed hereunder, except the payment of Rent, which Tenant shall continue to pay to Landlord (but for which such sublessee shall also be liable); (iv) notwithstanding any such assignment or subletting under the terms of this Section, both Tenant and its Guarantor, if any, shall not be released or discharged from any liability whatsoever under this Lease and the liability of Tenant, Guarantor and assignee to Landlord shall be joint, several and, and primary and shall not be conditioned or contingent upon the pursuit by Landlord of any remedies it may have against either party with respect to the Lease; (v) Tenant shall pay to Landlord Landlord's costs incurred, including attorneys' fees, in connection with such Transfer, but not less than the minimum sum of two thousand five hundred ($2,500) dollars; and (vi) such transferee shall possess financial and business qualifications for the Permitted Use equivalent or superior to those of Tenant at the time of Tenant's original application to Lease and shall have demonstrated recognized experience in successfully operating such a business, including, without limitation, experience in successfully operating a similar quality business in a similar quality building. If Tenant or Tenant's majority shareholder or majority general partner, whether such majority is held directly or indirectly through one or more corporate, partnership or other entity levels, or the Guarantor, if any, is a corporation or partnership (general or limited), and if at any time during the Term of this Lease the person or persons who, on the date of execution of this Lease, own or owns a majority of such corporation's voting shares or such general partner's interest in such partnership, as the case may be, cease or ceases to own a majority of such shares (whether such sale occurs at one time or at intervals), or general partner's interest, as the case may be, or if the Guarantor, if any, is dissolved, Tenant shall so notify J0060512 Page 27 Landlord. Such Notice shall be effective in accordance with this Section only if said Notice shall include or state all of the following: (i) that said Notice is given pursuant to this Section of this Lease; (ii) the occurrences giving rise to such Notice, stated with particularity as to effective dates, parties involved or affected and the interests or shares affected; (iii) in the event of a transfer of shares or a general partner's interest, a current financial statement (certified by an independent certified public accountant) of the transferee or transferees thereof; and (iv) that Landlord shall have thirty (30) days from receipt thereof to terminate this Lease as described in this Section. Landlord shall have the right, at its option, to terminate this Lease by Notice to Tenant given within thirty (30) days after Landlord's receipt of such Notice and financial statement or within ninety (90) days after Landlord shall have received other Notice thereof or declare an Event of Default, except that this subsection shall not be applicable to any corporation, all the outstanding voting stock of which is listed on a national securities exchange (as defined in the Securities Exchange Act of 1934, as amended). For the purposes of this subsection, stock ownership shall be determined in accordance with the principles set forth in the Internal Revenue Code of 1986, and the term "voting stock" shall refer to shares of stock regularly entitled to vote for the election of directors of the corporation. Without conferring any rights upon Tenant not otherwise provided in this Section, should Tenant desire to enter into a Transfer which requires Landlord's consent, Tenant shall request in writing Landlord's consent to the Transfer at least ninety (90) days before the proposed effective date of the Transfer, providing the following: (i) the full particulars of the proposed Transfer, including its nature, effective date, terms and conditions, and copies of any offers, draft agreements, letters of intent, and other documents pertaining to the proposed Transfer; (ii) a description of the identity, net worth and previous business experience of the proposed transferee, including, without limitation, copies of the proposed transferee's latest tax return certified as accurate by the proposed transferee; and (iii) any further information relevant to the proposed Transfer which Landlord shall request after receipt of Tenant's request for consent. The voluntary or other surrender of this Lease by Tenant or a mutual cancellation hereof shall not work a merger, and shall, at the option of Landlord, terminate all or any existing subleases or subtenancies or shall operate as an assignment to Landlord of such subleases or subtenancies. Tenant hereby acknowledges that the foregoing provisions of this Section constitute a freely negotiated restraint on alienation. SECTION 12.5 Bankruptcy or Insolvency. If at any time after the execution of this Lease (whether prior to the commencement of or during the Term of this Lease) (i) any bankruptcy or insolvency proceedings shall be instituted against Tenant pursuant to any Federal or State law now or hereafter enacted, or any receiver or trustee shall be appointed for all or any portion of Tenant's business or property, or any execution or attachment shall issue against Tenant or any of Tenant's business or property or against the leasehold estate created hereby, and any of such proceedings, process or appointment be not discharged, dismissed or otherwise adjudicated within thirty (30) days from the date of such filing, appointment or issuance; or (ii) Tenant shall be adjudged bankrupt or insolvent, or Tenant shall make an assignment for the benefit of creditors, or Tenant shall file a voluntary petition in bankruptcy or petitions for (or enters into) an arrangement for reorganization, composition or any other arrangement with Tenant's creditors under any Federal or State law now or hereafter enacted, or this Lease or the estate of Tenant herein shall pass to or devolve upon, by operation of law or otherwise, anyone other than Tenant (except as herein provided), the occurrence of any one of such contingencies shall be deemed to constitute and shall be construed as a repudiation by Tenant of Tenant's obligations hereunder and shall cause this Lease ipso facto to be cancelled and terminated effective as soon as permitted by then applicable law without thereby releasing Tenant; and upon such termination Landlord shall have the immediate right to re-enter the Demised Premises and to remove all persons and property therefrom and this Lease shall not be treated as an asset of Tenant's estate and neither Tenant nor anyone claiming by, through or under Tenant by virtue of any law or any order of any court shall be entitled to the possession of the Demised Premises or to remain in the possession thereof. Upon the termination of this Lease, as aforesaid, Landlord shall have the right to retain as partial damages, and not as a penalty, any prepaid rents and any Security Deposit. Landlord shall also be entitled to exercise such rights and remedies to recover from Tenant as damages such amounts as are specified in Article X (Defaults and Remedies). As used in this Section, the term "Tenant" shall be deemed to include Tenant, Tenant's trustee in any bankruptcy proceeding, Tenant as debtor-inpossession, as the case may be, and the Guarantor of Tenant's obligations under this Lease, if any, and their successors and assigns. It is understood and agreed that this Lease is a Lease of real property as described in Section 365 of the Bankruptcy Code. J0060512 v ///I Lardbrd's l / /L� Tenant'sHGiR yJ Page 28 SECTION 12.6 Entire Agreement. This Lease, including the Schedule "A", Exhibits, Riders and/or Addenda, if any, attached hereto, sets forth the entire agreement between the parties. All prior conversations or writings between the parties hereto and/or their representatives are merged herein and extinguished. Tenant acknowledges that it has not relied on any representations or statements of opinion or fact by Landlord or its agents or employees in entering into this Lease other than as may be expressly provided herein. Tenant hereby acknowledges that this Lease contains no restrictive covenants or exclusives in favor of Tenant; and that this Lease shall not be deemed or interpreted to contain any warranty, representation or agreement on the part of Landlord that any other merchant or business in the Building shall open or remain open for business or occupy or continue to occupy space within the Building during the Term of this Lease or any part thereof. The submission by Landlord of this Lease for execution by Tenant and the actual execution and delivery thereof by Tenant to Landlord shall have no binding force and effect on Landlord unless and until Landlord shall have executed this Lease. If any provision contained in any Rider or Addenda hereto is inconsistent with any printed provisions of this Lease, the provisions contained in such Rider or Addenda shall supersede such printed provision. This Lease may be executed in multiple counterparts, each of which shall be deemed an original, and all of such counterparts shall together constitute one and the same instrument. Time is of the essence with respect to each and every obligation of Tenant herein. Tenant shall not record this Lease or any memorandum thereof without the prior written consent of Landlord. SECTION 12.7 Relationship Between the Parties. Nothing contained herein shall be deemed or construed by the parties hereto nor by any third party, as creating any relationship between the parties hereto other than the relationship of landlord and tenant. Although the printed provisions of this Lease were drawn by Landlord, the parties hereto agree that this circumstance alone shall not create any presumption, canon of construction or implication favoring the position of either Landlord or Tenant. The parties agree that any deletion of language from this Lease prior to its mutual execution by Landlord and Tenant shall not be construed to have any particular meaning or to raise any presumption, canon of construction or implication, including without limitation, any implication that the parties intended thereby to state the converse, obverse or opposite of the deleted language (but such deleted language shall, by such deletion, not be a part of this Lease). The captions, section numbers, article numbers and index appearing in this Lease are inserted only as a matter of convenience and in no way define, limit, construe or describe the scope or intent of such section or article of this Lease nor in any way affect this Lease. Whenever herein the singular number is used, the same shall include the plural, and the neuter gender shall include the masculine gender and the feminine gender, and vice versa. There shall be no third party beneficiaries arising out of this Agreement. Landlord may act under this Lease by its attorney or agent. Wherever a requirement is imposed on Tenant hereunder, Tenant shall be required to perform such requirement at its sole cost and expense unless it is specifically otherwise provided herein. Unless the context otherwise requires, the word "person" shall include corporation, firm or association. Whenever the word "including" is used herein, it shall be deemed to mean "including, but not limited to". SECTION 12.8 Notices. Any Notice required or permitted under this Lease shall be in writing and deemed sufficiently given or served if and when (i) delivered by personal service to Tenant, provided such service is evidenced by a signature and date of receipt by the receiving party, (ii) received by either party when sent by registered or certified mail or by Federal Express or other nationally recognized overnight air courier that provides evidence of receipt, or (iii) the last date of attempted delivery when sent by registered or certified mail or by Federal Express or other nationally recognized overnight air courier that provides evidence of receipt or refusal. All Notices shall be sent to Tenant at the address set forth in Schedule "A" and to Landlord at the address set forth in Schedule "A", and either party may by like Notice at any time designate a different address to which Notices shall subsequently be sent. Without limiting the foregoing or any provision of this Lease, the delivery of a summons and/or complaint filed or which could be filed in a judicial proceeding, either in accordance with the provisions hereof or in accordance with lawful service of process, shall constitute proper Notice. SECTION 12.9 Provisions Binding. Subject to applicable restrictions contained herein, all covenants, conditions and provisions of this Lease shall be binding upon and shall inure to the benefit of the parties hereto and their respective heirs, legal representatives, successors and permitted assigns. Each provision of this Lease to be performed by Tenant shall be construed to be both a covenant and a condition, and if there shall be more than one Tenant, they shall all be bound, jointly and severally, by the provisions of this Lease. Any restriction on or requirement imposed upon Tenant hereunder shall be deemed to extend to the Guarantor, Tenant's sublessees, Tenant's assignees and Tenant's invitees, jointly and severally, and it shall be Tenant's obligation to cause the foregoing persons to comply with such restrictions or J0060512 ECG Landlord s IM al. _. / \tenants InO.t Page 29 requirements. No rights, however, shall inure to the benefit of any assignee or other transferee of Tenant, and no rights or benefits shall be conferred upon any such assignee or transferee by reason of this Section, except if and as permitted under Section 12.4 (Assignment and Subletting). SECTION 12.10 Severability. If any provision of this Lease or the application thereof to any person or circumstance shall to any extent be held invalid, then the remainder of this Lease or the application of such provision to persons or circumstances other than those as to which it is held invalid shall not be affected thereby, and each provision of this Lease shall be valid and enforced to the fullest extent permitted by law. SECTION 12.11 Waiver of Strict Performance. The failure of Landlord to insist upon the strict performance of any provisions of this Lease, or failure of Landlord to exercise any right, option or remedy hereby reserved shall not be construed as a waiver for the future of any such provision, right, option or remedy or as a waiver of a subsequent breach thereof. The consent or approval by Landlord of any act by Tenant requiring Landlord's consent or approval shall not be construed to waive or render unnecessary the requirement for Landlord's consent or approval of any subsequent similar act by Tenant. No provision of this Lease shall be deemed to have been waived unless such waiver shall be in writing signed by Landlord. No payment by Tenant or receipt by Landlord of a lesser amount than the Rents and/or other charges hereby reserved shall be deemed to be other than on account of the earliest rents and/or charges then unpaid, nor shall any endorsement or statement on any check or any letter accompanying any check or payment by Tenant be deemed an accord and satisfaction and Landlord may accept such check or payment without prejudice to Landlord's right to recover the balance of such rents and/or other charges due and Landlord may pursue any other remedy in this Lease provided, and no waiver by Landlord in favor of any other tenant or occupant of the Building shall constitute a waiver in favor of Tenant herein. SECTION 12.12 Liens. Notwithstanding any other provisions of this Lease, Landlord and Tenant expressly acknowledge and agree that the interest of Landlord in and to the Property, or any part thereof (including without limitation, the Demised Premises) shall not be subject to Mechanic's Liens by Tenant, or Tenant's Contractors. Tenant shall include the following language in any contract or agreement for any work performed in the Demised Premises: "Tenant shall not have any authority to create any liens for labor or material on or against Landlord's interest in the Demised Premises and all persons contracting with Tenant for the erection, installation, alteration, or repair of any Building or other improvements in, on or to the Demised Premises, and all materialmen, contractors, subcontractors, sub -subcontractors, mechanics, and laborers are hereby charged with notice that they must look solely and only to Tenant's interests only in the Demised Premises to secure the payment of any bill for work done or material furnished during the rental period created by this Lease and, specifically, not to Landlord or Landlord's interest." Upon the execution of this Lease, Tenant acknowledges that Landlord, at Landlord's option, may then or thereafter record among the Public Records of the county in which the Premises are located in the State of Florida, the Lease or short form thereof (to which Tenant shall join in the execution, at Landlord's request), or such other memorandum in form and substance satisfactory to Landlord, in Landlord's sole discretion, setting forth the contents of this Section or any other matter for the purpose of insulating the interest of Landlord from any and all such Mechanic's Liens, without mitigating or otherwise affecting any other provisions of this Lease. Tenant hereby acknowledges that Landlord shall further be permitted to do or perform any act necessary or appropriate, in Landlord's sole discretion, to prevent the filing of any Mechanic's Lien against the Property or any part thereof. If any such Lien shall at any time be filed, Tenant shall cause the same to be vacated and cancelled of record within twenty (20) days after the date of the filing thereof or, if Tenant in good faith determines that such Lien should be contested, Tenant shall furnish such security, by surety bond or otherwise as may be necessary or be prescribed by law to release the same as a lien against the real property or any interest therein, and to prevent any foreclosure of such Lien during the pendency of such contest. If any such Lien shall be filed and not vacated or cancelled or "bonded around" within the time period set forth herein as set forth in the immediately prior sentence, then Tenant shall be obligated to pay to Landlord, upon demand, as an administrative fee and not as a penalty, the sum of five thousand dollars ($5,000.00) per lien, and, in addition to any other right or remedy of Landlord resulting from Tenant's said default, Landlord may, but shall not be obligated to, vacate or release the same either by paying the amount claimed to be due or by procuring the release of such Lien by giving security or in such other manner as may be prescribed by law. Tenant shall repay to Landlord, as Additional Rent hereunder on demand, all sums J0060512 Landlvd's 1..;.r1 %.. ] T w s IMia6 Page 30 disbursed or deposited by Landlord pursuant to the foregoing provisions of this Section, including Landlord's costs and expenses and reasonable attorneys' fees incurred in connection therewith. SECTION 12.13 Brokerage Commission. Tenant warrants and represents that it has not dealt with any undisclosed broker or agent relative to this Lease, and that no broker or agent is entitled to any commission, finder's fee or other remuneration arising out of this Lease other than the broker or agent representing Tenant, if any, named within a Cooperating Broker Agreement, a copy of which may be attached hereto as Exhibit "E." Tenant shall protect, defend, indemnify and hold Landlord harmless from and against any and all claims for finder's fees, brokerage or other commissions or other sums arising by reason of a breach by Tenant of the foregoing representation and warranty, or by reason of any party claiming by, through or under Tenant. SECTION 12.14 Force Majeure. Landlord shall be excused for the period or periods of delay in the performance of any of Landlord's obligations hereunder when delayed, hindered or prevented from so doing by Force Majeure. If as a result of any such events, Landlord shall be unable to exercise any right or option within any time limit provided therefor in this Lease, such time limit shall be deemed extended for a period equal to the duration of such event and this Lease and the obligations of Tenant hereunder shall not be affected or impaired. THIS SHALL APPLY TO TENANT AS WELL. SECTION 12.15 Name of Property. Landlord reserves the right to change the name or the current address of the Building, the Property or both during the Term. Should Landlord elect to make such changes, Tenant shall thereupon use the new name and/or address in its local business address and advertising as provided herein. Landlord shall incur no liability to Tenant as a result of such changes. Furthermore, such changes shall not entail a decrease in rental value, constitute an eviction or diminution of services or excuse Tenant from the full performance of all its Lease obligations. SECTION 12.16 Corporate Tenant; Authorization to Execute. If Tenant is or will be a corporation, Tenant shall cause the form of Certified Copy of Corporate Resolution attached hereto, marked Exhibit "D" and made a part hereof, to be completed, executed and delivered to Landlord herewith, and the persons executing this Lease on behalf of Tenant hereby covenant, represent and warrant that Tenant is a duly incorporated or a duly qualified (if a foreign corporation) corporation and authorized to do business in the State of Florida; all Tenant's franchise and corporate taxes have been paid to date; all future forms, reports, fees and other documents necessary for Tenant to comply with applicable laws will be filed by Tenant when due; and that the person or persons executing this Lease on behalf of Tenant is an officer or are officers of such Tenant, and that he or they as such officers are duly authorized to sign and execute this Lease. Upon request of Landlord to Tenant, Tenant shall deliver to Landlord documentation satisfactory to Landlord evidencing Tenant's compliance with the provisions of this Section. SECTION 12.17 Hazardous Waste. Tenant shall not use or allow the Demised Premises to be used for the release, storage, use, treatment, disposal or other handling of any Hazardous Substance (except in a manner and quantity necessary for the ordinary performance of Tenant's business, and then in compliance with all applicable laws), without the prior written consent of Landlord, which may be unreasonably withheld. Any written consent by Landlord for Tenant to use or allow the Demised Premises to be used for the release, storage, use, treatment, disposal or other handling of any Hazardous Substance shall be subject to the provisions herein. Tenant shall comply with all, federal, state, and local laws, codes, ordinances, regulations, permits and licensing conditions governing Hazardous Substances and prescribed methods for storing, handling, or otherwise managing Hazardous Substances. Tenant shall, at its own expense, promptly contain and remediate any release of Hazardous Substances arising from or related to Tenant's Hazardous Substance Activity in the Demised Premises, the Building or the Property, or the environment and remediate and pay for any resultant damage to property, persons, and/or the environment. Tenant shall give prompt Notice to Landlord, and to all appropriate regulatory authorities, of any release of any Hazardous Substance in the Premises, the Demised Premises, the Building or the Property, or the environment arising from or related to Tenant's Hazardous Substance Activity. Tenant shall hold Landlord harmless from and against any damages, fines, judgments, penalties, costs, losses, attorney's fee, expense of litigation and all other liabilities whatsoever arising from Tenant's Hazardous Substance Activity during or after the Term of this Lease. Tenant, at Landlord's request, which shall not be more frequent than once per calendar year, retain an independent engineer or other qualified consultant or expert acceptable to Landlord, to conduct, at Tenant's expense, an environmental audit of the Demised Premises and immediate surrounding areas, and the scope of work to be performed by such engineer, consultant, or expert shall be approved in advance by Landlord, and all of the engineer's, consultant's, or expert's work product shall be Page 31 made available to Landlord. Tenant, at Landlord's request from time to time, shall execute affidavits, representations and the like concerning Tenant's best knowledge and belief, after due inquiry, regarding the presence of Hazardous Substances in the Demised Premises. Tenant's obligations under this Section 12.17 (Hazardous Waste) shall survive the expiration or sooner termination of this lease. SECTION 12.18 Mortgagee Protection. This Lease shall not be effective and Landlord shall not be required to proceed with construction or renovation of the Building unless and until financing acceptable to Landlord is obtained. If construction by Landlord is an obligation of Landlord under the Lease and such financing is not obtained within one hundred eighty (180) days of the date hereof, Landlord may at any time thereafter cancel this Lease. If Landlord is able to or does obtain financing, but only if the terms of this Lease are modified, Landlord shall have the right to cancel this Lease if Tenant refuses to approve any such modifications in writing within ten (10) days after Landlord's written request therefore, which request may not be made after possession is delivered to Tenant. If Landlord's right to cancel is exercised as provided in this Section, this Lease shall thereafter be null and void and Landlord shall return to Tenant any money or security deposit held under the terms of this Lease and neither Landlord nor Tenant shall have any liability to the other. This Lease may be subject to the approval of the Mortgagee. If within fifteen (15) days of the execution of this Lease, Landlord fails to obtain Mortgagee approval where same is required, Landlord shall have the right to cancel this Lease and return to Tenant any money or security deposit held under the terms of this Lease and neither Landlord nor Tenant shall have any liability to the other. Tenant agrees, not later than ten (10) days following the written request of Landlord, to execute and deliver to Landlord, without charge, an Estoppel Certificate in a form satisfactory to the Mortgagee or other third party. In the event Tenant shall fail or refuse to execute and deliver to Landlord the documents that may be required hereunder within ten (10) days after Landlord's written request therefor, Tenant hereby irrevocably (and coupled with an interest) appoints Landlord as attorney -in -fact for Tenant with full power and authority to execute and deliver such instruments for and in the name of Tenant, and/or Landlord may treat such failure on the part of Tenant as an Event of Default. Tenant agrees that this Lease and the estate of Tenant hereunder are, and shall be at all times, subject and subordinate to any Mortgage, and all renewals, replacements and extensions thereof, and to all covenants, restrictions, easements and encumbrances now or hereafter affecting the fee, including without limitation, any operating and easement agreement. Any such Mortgage shall, for the full amount of principal at any time advanced thereon or secured thereby, with interest, be prior and paramount to this Lease and to the rights of Tenant hereunder and all persons claiming through or under Tenant, or otherwise, in the Demised Premises. Such subordination is hereby effective and selfoperative without any further action by Tenant. Notwithstanding the foregoing, Tenant shall execute and deliver to Landlord within ten (10) days of request by Landlord any documents in addition to this Lease which may be required to effectuate such subordination or to acknowledge the provisions and effect hereof. In the event Tenant fails to timely and strictly comply with the provisions of this Section, Landlord, at Landlord's sole option, may treat the same as an Event of Default. Tenant shall upon request of Landlord, simultaneously give any Mortgagee of the Property, by registered or certified mail, a copy of any Notice of default served upon Landlord by Tenant. In such case, Tenant further agrees that if Landlord shall have failed to cure such default within thirty (30) days after such Notice to Landlord (or if such default cannot be cured or corrected within that time, then such additional time as may be necessary if Landlord has commenced within such thirty (30) days and is diligently pursuing the remedies or steps necessary to cure or correct such default), then the Mortgagee shall have an additional thirty (30) days within which to cure or correct such default (or if such default cannot be cured or corrected within that time, then such additional time as may be necessary if such Mortgagee has commenced within such thirty (30) days and is diligently pursuing the remedies or steps necessary to cure or correct such default, including without limitation, commencement of foreclosure proceedings if necessary to effect such a cure). Until the time allowed as aforesaid for the Mortgagee to cure such default has expired without cure, Tenant shall have no right to, and shall not, terminate this Lease on account of Landlord's default. Tenant agrees that in the event of a sale, transfer or assignment of Landlord's interest in the Property or in the event any proceedings are brought for the foreclosure of or for the exercise of any power J0060512 ler Landlord's lnta, manes 1261 Is/ Page 32 of sale under any Mortgage, to attom to and to recognize such transferee, purchaser, or mortgagee as Landlord under this Lease. Such attornment is hereby effective and self -operative without any further action by Tenant. Notwithstanding the foregoing, Tenant shall execute and deliver to Landlord within ten (10) days of request by Landlord any documents in addition to this Lease which may be required to effectuate such attornment or to acknowledge the provisions and effect hereof. SECTION 12.19 Radon. 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. SECTION 12.20 Confidentiality Provision. From and after the date lease negotiations were entered into and throughout the Term of this Lease, Tenant shall use commercially reasonable efforts not to disclose any of the terms, covenants, conditions or agreements set forth in the letters of intent (if any) or in this Lease or any amendments hereto, nor provide such correspondence, this Lease, any amendments hereto or any copies of the same, nor any other information (oral, written or electronic) which is communicated by or on behalf of Tenant or on behalf of Landlord relating to Tenant's occupancy of the Demised Premises, to any person including, without limitation, any brokers, any other tenants in the Property or any affiliates, agents or employees of such tenants or brokers except as set forth herein, without Landlord's written consent or except as ordered by a court with appropriate authority. Any disclosure by Tenant in violation of the terms of this provision shall be an Event of Default subject to the provisions of Section 10.2 (Remedies of Default) herein. Notwithstanding the foregoing, Landlord may disclose the terms of this Lease to those of its partners, employees, consultants, attorneys, accountants, current or potential mortgagees, lenders or purchasers of the Property who agree to be bound by the terms of this Section, and Tenant may disclose the terms of this Lease to those of its partners, owners, directors, officers, employees, consultants, attorneys, accountants and current or potential lenders, assigns or subtenants who agree to be so bound. Exhibit "A" 9521 NE 2nd Ave Miami Shores, Florida 33138 Tenant Space: see attached sketch J0060512 Lrdbds li Page 33 Exhibit "C" Downtown Village Square Contractor Guidelines/Restrictions January 2017 Construction Coordinator/ Contact: Theresa Caccamise: 786-423-5959 Exterior: 1. Parking Lot: a. Do not obstruct parking spaces b. Dumpster containers must be on plywood or equal to protect asphalt. A fine will be assessed to any tenant damaging asphalt, parking bumpers on exterior wall finishes. 2. Landscaping: a. Do not damage sprinkler system or landscaping 3. Signage: a. Must be approved by landlord and City. 4. Electrical Room: a. Access with Theresa Caccamise permission and coordinate with Olga Morales in our office at 305.751-2220 Ext 100. Coordination with FPL for meters 5. Roof Access with Theresa Caccamise Permission. MUST UTILIZE LATITE ROOFING FOR ALL ROOF RELATED WORK AND/OR PENATRATIONS 6. Trash: a. No Construction debris allowed. 7. Water: a. Coordination with Miami Dade Water & Sewer Department for Meter. Do this early as possible as they are very slow. 8. Sewage: a. This facility is on a septic system that can only handle only standard waste. No construction debris especially paints, solvents or chemical can go into the drains or toilets. a fine will be assesses to any tenant doing so. b. Any facility handling food preparation needs to add a manual grease trap before sewage effluent goes out to the retail plaza grease trap and septic systems. Note: NO construction can commence until both Landlord and City sign off on plans. . Florida Building Code, Fifth Edition (2014) - Energy Conservation EnergyGauge Summit® FIa/Com-2015, Effective Date: June 30, 2015 ASHRAE 90.1-2010 - Energy Cost Budget Option Check List Applications for compliance with the Florida Building Code, Energy Conservation shall include: EZI This Checklist E9 The full compliance report generated by the software that contains the project summary, compliance summary, certifications and detailed component compliance reports. The compliance report must include the full input report generated by the si ftwa1'e.as contigous part of the compliance report. • Boxes appropriately checked in the Mandatory Section of the complaince repp. . . . .. . • .. . . . . ..• . ... . . ... .. . . • • • • .. ••• • ••• ... • • • ••• ••• • . • . •• • ... • • • • • ... • .. • • • ••• • ••• • .. .. ••• EnergyGauge Summit® Fla/Com-2014. TAM 2014-1.0 Compliant Software. Effective Date: June 30, 2015 Florida Building Code, Fifth Edition (2014) - Energy Conservation ASHRAE 90.1-2010 - Energy Cost Budget Option 8/3/2017 Page 1 of 21 • • • .. • ••• PROJECT SUMMARY Short Desc: Restaurant Owner: Addressl: 9523, 9525, 9527, 9529, & 9531 NE 2nd Avenue Address2: Description: 0325-PRIMAL FIT MIAMI City: State: Zip: Type: Gymnasium Class: Jurisdiction: MIAMI SHORES VILLAGE, MIAMI-DADE COUNTY, FL (232600) Conditioned Area: 735 SF Conditioned & UnConditioned Area: No of Stories: 1 Arca entered from Plans Permit No: 0 Max Tonnage If different, write in: MIAMI SHORES FL 33138 Addition to existing Building 735 SF 1435 SF 4.3 • • • • • • • • • •• • • • • • Compliance Summary • • • • • • • • • • • • • • • • • • • • •• • • •• • ••• � • • • Component Gross Energy Cost (in $) LIGHTING CONTROLS EXTERNAL LIGHTING HVAC SYSTEM PLANT WATER HEATING SYSTEMS PIPING SYSTEMS Met all required compliance from Check List? Design 403.0 Crilgti • _ Result • 64 ;0 . PASSED • • • 0460 • • • •• PASSES PASSES PASSES No Entry Not Checked No Entry Yes/No/NA IMPORTANT MESSAGE Info 5009 -- -- -- An input report of this design building must be submitted along with this Compliance Report ••• • • • --.••• • •.• • • • EnergyGauge Summit® Fla/Com-2014. TAM 2014-1.0 Compliant Software. Effective Date: June 30, 2015 Florida Building Code, Fifth Edition (2014) - Energy Conservation ASHRAE 90.1-2010 - Energy Cost Budget Option 8/3/2017 Page 2 of 21 I hereby certify that the plans and specifications Florida Energy Code CERTIFICATIONS overed by this calculation are in compliance with the Prepared By: Amarilis Rod gufez E Building Official: I certify that this building is in complian - with the FLorida Energy Efficiency Code Owner Agent: Date: Date: If Required by Florida law, I hereby certify (*) that the system design is in compliance with the Florida Energy Efficiency Code Architect: VICTOR J. BRUCE Electrical Designer: Amarilis Rodriguez, PE Lighting Designer: Amarilis Rodriguez, PE Mechanical Designer: Amarilis Rodriguez, PE Reg No: AAC002228 Reg No: Reg No; •4 44, •••• Reg No: VDT36 ••.•• Plumbing Designer: Amarilis Rodriguez, PE Reg No: 60236 (*) Signature is required where Florida Law requires design to be performed by registered design professionals. Typed names and registration numbers may be used where all relevant informati err is contained on signed/sealed plans. • • • •••• • • •••• .• • • • • •• • •• • • • • • •. • ••• • . . •• • • • • • ••• • ••i ••41 • ••f ••4 •• ••I •• EnergyGauge Summit@ Fla/Com-2014. TAM 2014-1.0 Compliant Software. Effective Date: June 30, 2015 Florida Building Code, Fifth Edition (2014) - Energy Conservation ASHRAE 90.1-2010 - Energy Cost Budget Option 8/3/2017 Page 3 of 21 .•. � • ••• • .•• • .• • •• •.• • • • .•• • ••• • Project: Restaurant Title: 0325-PRIMAL FIT MIAMI Type: Gymnasium (1VEA File: FL_MIAMI_OPA LOCKA.tm3) Building End Uses Total 1) Proposed 2) Baseline 25.40 40.50 $403 $643 ELECTRICITY(MBtu/kWh/$) 25.40 40.50 7457 11887 $403 $643 AREA LIGHTS MISC EQUIPMT 3.10 5.50 919 1621 $50 • . $88'....• ■ . • 3.70 •• • 3.70••••.• 1077 • 1077 • $58 •••• $58•• •• •• • PUMPS & MISC 0.00 0.00 • • • • • • • • • 2 •. •• 2 •• • $0 • • • $0 • • • SPACE COOL 14.20 4158 $225 .'. 16.80 • 4937 •••• • •• $267 SPACE HEAT 0.20 0.70 58 202 $3 $11 VENT FANS 4.20 13.80 1243 4048 $67 $219 ••• ••• • ••• • ••• • •.• .•• ••• • ••• • Credits Applied: None Passing Criteria = 643 Design (including any credits) = 403 Passing requires Proposed Building cost to be at most 100% of Baseline cost. Tbis Proposed Building is at 62.7% PASSES ••• • • ••• • • •• 000 • • ••• • EnergyGauge Summit® Fla/Com-2014. TAM 2014-1.0 Compliant Software. Effective Date: June 30, 2015 Florida Building Code, Fifth Edition (2014) - Energy Conservation ASHRAE 90.1-2010 - Energy Cost Budget Option 8/3/2017 Page 4 of 21 Project: Restaurant Title: 0325-PRIMAL FIT MIAMI Type: Gymnasium (WEA File: FL_MIAMI_OPA_LOCKA.tm3) External Lighting Compliance Description Category Tradable? Allowance (W/Unit) Area or Length or No. of Units (Sqft or ft) ELPA (W) CLP (W) Ext Light 2 Walk way less than 10 feet wide Yes 1.00 120.0 120 120 Tradable Surfaces: 120 (W) Allowance for Tradable: 1420 (W) All External Lighting: 120 (W) Complicance check includes a excess/Base allowance of 1300.00(W) PASSES Project: Restaurant Title: 0325-PRIMAL FIT MIAMI Type: Gymnasium (WEA File: FL^MIAMI_OPA LOCKA.tm3) Lighting Controls Compliance Acronym Ashrae Description Area ID (sq.ft) Design CP • • Min Compli- CP •`•anc• •••• •••i Pr0Zo1 Spl 8,001 Exercise Area (Exercise Center) 735 • • ••c••• • 1 pASS>Cs •• • •••I ••• I • •••+ •• • • • ••/• • •- • • •• •• • ••• • • • •• • • • • • • • • • • • • • • • • • • ••• • EnergyGauge Summit® Fla/Com-2014. TAM 2014-1.0 Compliant Software. Effective Date: June 30, 2015 Florida Building Code, Fifth Edition (2014) - Energy Conservation ASHRAE 90.1-2010 - Energy Cost Budget Option 8/3/2017 Page 5 of 21 •• • •• •• •• • •• Project: Restaurant Title: 0325-PRIMAL FIT MIAMI Type: Gymnasium (WEA File: FL_MIA11II_OPA_LOCKA.tm3) System Report Compliance Pr0Sy24 AHU#1 Constant Volume Air Cooled Split System < 65000 Btu/hr No. of Units 1 Component Category Capacity Design Eff Eff Design Criteria IPLV IPLV Comp- Criteria liance Cooling System Heating System Air Handling System -Supply Air Distribution System (Sup) Air Distribution System (Ret) Air Conditioners Air Cooled 51200 Split System < 65000 Btu/h Cooling Capacity Electric Furnace 3420 Air Handler (Supply) - 1890 Constant Volume Not in Check list - Compliance Ignored Not in Check list - Compliance Ignored 16.00 1.00 0.27 6.00 6.00 13.00 8.00 1.00 0.82 6.00 6.00 PASSES PASSES PASSES N/A N/A •••• ' : ••• ••• PASSES•••1 •• • '--•-• -- • .••• • • •••• • •. • •• •• • •• • ••. • • • • • .• •• .• • • • • ••• •• •• • ••I • Plant Compliance • • • •• • • • ••I • • • • Description Installed Size Design Min Design Min Categdry• ; ••• • Como" No Eff Eff IPLV IPLV •.• liance None EnergyGauge Summit® Fla/Com-2014. TAM 2014-1.0 Compliant Software. Effective Date: June 30, 2015 Florida Building Code, Fifth Edition (2014) - Energy Conservation ASHRAE 90.1-2010 - Energy Cost Budget Option 8/3/2017 Page 6 of 21 • .. • • • .•• • ••• • Project: Restaurant Title: 0325-PRIMAL FIT MIAMI Type: Gymnasium (WEA File: FL_MIAMI_OPA_LOCKA.tm3) Water Heater Compliance Description Type Category Design Min Design Max Comp Elf Eff Loss Loss Iiance Water Heater 1 Gas Instantaneous Unknown 0.96 Not Checked water heater Not Checked Piping System Compliance Category Pipe Dia Is Operating Ins Cond Ins Req Ins Compliance ]inches] Runout? Temp ]Btu-in/hr Thick ]in] Thick [in] ]F] .SF.FI • • • . •.•• ••.i • •• —•_ None "'"'1 ••.• • • • •. .• • . • • • • • • . • •. .• • • • • • .• • .•• .• • • •• • •• • • • • • • .•.. • • .•. • EnergyGauge Summit® Fla/Com-2014. TAM 2014-1.0 Compliant Software. Effective Date: June 30, 2015 Florida Building Code, Fifth Edition (2014) - Energy Conservation ASHRAE 90.1-2010 - Energy Cost Budget Option 8/3/2017 Page 7 of 21 • • • • • • • Mandatory Requirements (as applicable) Mandatory requirements compiled by US Department of Energy and Pacific Northwest National Laboratory. Adopted with permission Topic Section Component Description +tea+--- ... f o,>S ,, -wrc ..a^ 4 r--- r r;.C"N"IN 'fir ,ilci °� , . w .f , ; =j �:.� .� ,1 To be checked byll Designeiror Engineer Fenestration Insulation Insulation 5.8.2.3,5.5.3.6 6.4.4.1.5 5.5.3.1.1 Wattage 9.4.3 Wattage 9.4.2 Controls 10.4.3 HVAC 6.5.6.1 SYSTEM_SPECIFIC 6.5.1.4 SYSTEM_SPECIFIC 6.5.2.2.1 SYSTEM_SPECIFIC 6.5.2.2.3 SYSTEM_SPECIFIC 6.5.2.4 SYSTEM_SPECIFIC 6.5.3.1.1 SYSTEM_SPECIFIC SYSTEM_SPECIFIC SYSTEM_SPECIFIC 6.5.3.1.2 7.4.2 7.5.2 Envelope Envelope Envelope U-factor of opaque doors associated with the building thermal envelope meets requirements. Bottom surface of floor structures incorporating radiant heating insulated to >=R-3.5. High-albedo roofs satisfy one of the following: Solar reflectance >= 0.55 and thermal emittance >= 0.75, Solar reflectance index >= 64.0, or increased insulation (assembly <= U-0.03 or >= R-33.0 insulation). Exterior Lighting Exterior grounds lighting over 100 W provides >60 Im/W unless on motion sensor or fixture is exempt from scope of code or from external LPD. Interior Lighting Exit signs do not exceed 5 watts per face. Mechanical Elevators are designed with the proper lighting, ventilation power, and standby mode. Mechanical Exhaust air energy recovery on systems meeting Table 6.5.6.1. Mechanical Economizer operation will not increase heating energy use during normal operation. Mechanical Three -pipe hydronic systems using a common return for hot and chilled water are not usod. • • • • Mechanical Hydronic heat pump systems connected to a • • common water loop meet heat rejection apclApot• • addition requirements. ' Mechanical Water economizer specified on hydronic cooling and humidification systems designed to rrwiWA • • inside humidity at >35 °F dewpoint if an •• • • economizer is required. Mechanical HVAC fan systems at design conditions dygpt • • • exceed allowable fan system motor nameplate hp or fan system bhp. • • • Mechanical HVAC fan motors not larger than allowablelimits. • • • • • Mechanical Service water heating equipment meets effidfeItcy ' requirements. Mechanical Service water heating equipment used for space heating complies with the service water heating equipment requirements. Yes N/A Exempt ® ❑ ❑ n ® El El El ❑ ❑ ® ❑ ❑ ® j❑l El lEi ❑ ❑ ® ❑ D ❑ ElEMS ❑ •••• ••• D •L• ❑ •• • ••, • • • • • •• ••� • ••• , •• ®• ID: ❑ ••• • Eil•Cl• •• • • • 51 ❑ ❑ Air Leakage Insulation Plan Review +To, --be checked by, 5.4.3.4 Envelope Vestibules are installed where building entrances separate conditioned space from the exterior, and meet exterior envelope requirements. Doors have self -closing devices, and are >=7 ft apart. 5.8.1.7.3 Envelope Insulation in contact with the ground has <=0.3% water absorption rate perASTM C272. 4.2.2,5.4.3.1.1,5.7 Envelope Plans and/or specifications provide all information with which compliance can be determined for the building envelope and document where exceptions to the standard are claimed. ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ EnergyGauge Summit® Fla/Com-2014. TAM 2014-1.0 Compliant Software. Effective Date: June 30, 2015 Florida Building Code, Fifth Edition (2014) - Energy Conservation ASHRAE 90.1-2010 - Energy Cost Budget Option 8/3/2017 Page 8 of 21 ••• • • • • • • • ••• • •• • •• ••• •• • ••• • • Plan Review 9.7 Exterior Lighting Plans, specifications, and/or calculations provide all information with which compliance can be determined for the exterior lighting and electrical systems and equipment and document where exceptions to the standard are claimed. Information provided should include exterior lighting power calculations, wattage of bulbs and ballasts, transformers and control devices. Wattage 9.4.3 Exterior Lighting Exterior lighting power is consistent with what is shown on the approved lighting plans, demonstrating proposed watts are less than or equal to allowed watts. Plan Review 4.2.2,9.4.4,9.7 Interior Lighting Plans, specifications, and/or calculations provide all information with which compliance can be determined for the interior lighting and electrical systems and equipment and document where exceptions to the standard are claimed. Information provided should include interior lighting power calculations, wattage of bulbs and ballasts, transformers and control devices. HVAC 6.4.3.4.4 Mechanical Ventilation fans >0.75 hp have automatic controls to shut off fan when not required. HVAC 6.4.3.9 Mechanical Demand control ventilation provided for spaces >500 ft2 and >40 people/1000 ft2 occupant density and served by systems with air side economizer, auto modulating outside air damper control, or design airflow >3,000 cfm. HVAC 6.4.4.1.4 Mechanical Thermally ineffective panel surfaces of sensible heating panels have insulation >= R-3.5. HVAC 6.5.2.3 Mechanical Dehumidification controls provided to prevent reheating, recooling, mixing of hot and cold airstreams or concurrent heating and cooling of the same airstream. HVAC 6.5.4.1 Mechanical HVAC pumping systems >10 hp designel for • variable fluid flow. • • •• HVAC 6.5.7.1.1 Mechanical Kitchen hoods >5,000 cfm have make emir. • • • >=50% of exhaust air volume. • HVAC 6.5.7.2 Mechanical Fume hoods exhaust systems >=15,000 cf.Ii•ae • VAV hood exhaust and supply systems, dlrecil • • make-up air or heat recovery. HVAC 6.5.8.1 Mechanical Unenclosed spaces that are heated use onry • radiant heat. • • • • • • HVAC 6.4.3.3.2 Mechanical Setback controls allow automatic restart apa ••• • • temporary operation as required for maintenance. • Other Equipment 10.4.1 Mechanical Electric motors meet requirements where: • • • applicable. • • • Plan Review 4.2.2,6.4.4.2.1,6.7.2 Mechanical Plans, specifications, and/or calculations provide all information with which compliance can be determined for the mechanical systems and equipment and document where exceptions to the standard are claimed. Load calculations per acceptable engineering standards and handbooks. Plan Review 4.2.2,7.7.1,10.4.2 Mechanical Plans, specifications, and/or calculations provide all information with which compliance can be determined for the service water heating systems and equipment and document where exceptions to the standard are claimed. Hot water system sized per manufacturer's sizing guide. Plan Review 6.7.2.4 Mechanical Detailed instructions for HVAC systems commissioning included on the plans or specifications for projects >=50,000 ft2. SYSTEM_SPECIFIC 6.4.3.10 Mechanical Single zone HVAC systems with fan motors >=5 hp have variable airflow controls, Air conditioning equipment with a cooling capacity >=110,000 Btu/h has variable airflow controls. ❑ ❑❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ Cl ❑ ❑ •••• •• • ED•ti ❑••• LJ • • a a ❑• •• • ••• • 1.� 0 ❑ • • • • ®•••• ❑ LJ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ •• • • ••• • •• • •• ••• • •• ••• EnergyGauge Summit® Fla/Com-2014. TAM 2014-1.0 Compliant Software, Effective Date: June 30, 2015 Florida Building Code, Fifth Edition (2014) - Energy Conservation ASHRAE 90.1-2010 - Energy Cost Budget Option 8/3/2017 Page 9 of 21 • ••• • 8/3/2017 SYSTEM_SPECIFIC 6.5.1,6.5.1.1,6.5.1.3 Mechanical Air economizers provided where required, meet the requirements for design capacity, control signal, ventilation controls, high -limit shut-off, integrated economizer control, and provide a means to relieve excess outside air during operation. SYSTEM_SPECIFIC 6.5.1,6.5.1.2,6.5.1.3 Mechanical Water economizers provided where required, meet the requirements for design capacity, maximum pressure drop and integrated economizer control. SYSTEM_SPECIFIC 6.5.3.2.1 Mechanical VAV fan motors >=10 hp to be driven by variable speed drive, have a vane -axial fan with variable pitch blades, or have controls to limit fan motor demand. SYSTEM_SPECIFIC 6.5.3.2.3 Mechanical Reset static pressure setpoint for DDC controlled VAV boxes reporting to central controller based on the zones requiring the most pressure. SYSTEM_SPECIFIC 6.5.3.3 Mechanical Multiple zone VAV systems with DDC of individual zone boxes have static pressure setpoint reset controls. SYSTEM_SPECIFIC 6.5.3.4 Mechanical Multiple zone HVAC systems have supply air temperature reset controls. SYSTEM_SPECIFIC 6.5.4.2 Mechanical Reduce flow in pumping systems >10 hp. to multiple chillers or boilers when others are shut down. SYSTEM_SPECIFIC 6.5.4.3 Mechanical Temperature reset by representative building loads in pumping systems >10 hp for chiller and boiler systems >300,000 Btu/h. SYSTEM_SPECIFIC 6.5.4.4.1 Mechanical Two -position automatic valve interlocked to shut off water flow when hydronic heat pump with pumping system >10 hp is off. SYSTEM_SPECIFIC 6.5.4.4.2 Mechanical Hydronic heat pumps and water-cooled unitary air conditioners with pump systems >5 hp have controls or devices to reduce pump motor • demand. • • • SYSTEM_SPECIFIC 6.5.5.2 Mechanical Fan systems with motors >=7.5 hp associated • with heat rejection equipment to have cap2b11iigtd, operate at 2/3 of full -speed and auto speed • • • • controls to control the leaving fluid temperryggr condensing temp/pressure of heat rejection •••• device. SYSTEM_SPECIFIC 6.5.6.2 Mechanical Condenser heat recovery system that cart Rif • water to 85 °F or provide 60% of peak heat/ • • rejection is installed for preheating of sen,04pt• • water in 24/7 facility, water cooled systenss reject >6 MMBtu, SHW load >=1 MMBtu. SYSTEM_SPECIFIC 6.5.7.1.2 Mechanical Conditioned supply air to space with a kit:hen • • hood shall not exceed the greater of a) suppl? • flow required to meet space heating or cooling, or b) hood exhaust flow minus the available air transfer from available spaces. SYSTEM_SPECIFIC 6.5.7.1.3 Mechanical Kitchen hoods with a total exhaust airflow rate >5000 cfm meet replacement air, ventilation system, or energy recovery requirements shown in Table 6.5.7.1.3. SYSTEM_SPECIFIC 6.5.7.1.4 Mechanical Kitchen hoods with a total exhaust airflow rate >5000 cfm meet replacement air, ventilation system, or energy recovery requirements. SYSTEM_SPECIFIC 6.5.9 Mechanical Hot gas bypass limited to: <=240 kBtu/h — 50% >240 kBtu/h — 25% SYSTEM_SPECIFIC 7.5.1 Mechanical Combined space and water heating system not allowed unless standby loss less than calculated maximum. AHJ has approved or combined connected load <150 kBtu/h. SYSTEM_SPECIFIC 6.4.3.1.1 Mechanical Heating and cooling to each zone is controlled by a thermostat control. SYSTEM_SPECIFIC 6.4.3.3.3 Mechanical Systems with air capacity >10,000 cfm include optimum start controls. SYSTEM_SPECIFIC 6.4.3.5 Mechanical Heat pump controls prevent supplemental electric resistance heat from coming on when not needed. ❑ ❑❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ •••• • • •••• ••• • • • • ••• •• • • • • •• ••• • CI ❑••• • • • ••• • •❑ ••• • ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ •• • • •• • • • • •• •• ••• • •• • ••• EnergyGauge Summit® Fla/Com-2014. TAM 2014-1.0 Compliant Software. Effective Date: June 30, 2015 Florida Building Code, Fifth Edition (2014) - Energy Conservation ASHRAE 90.1-2010 - Energy Cost Budget Option Page 10 of 21 • ••• • 8/3/2017 SYSTEM_SPECIFIC 7.4.4.3 Mechanical Public lavatory faucet water temperature <=110°F. Controls 8.4.2 Project At least 50% of all 125 volt 15- and 20-Amp receptacles are controlled by an automatic control device. Plan Review 4.2.2,8.4.1.1,8.4.1.2,8. Project Plans, specifications, and/or calculations provide all information with which compliance can be determined for the electrical systems and equipment and document where exceptions are claimed. Feeder connectors sized in accordance with approved plans and branch circuits sized for maximum drop of 3%. ❑ ❑❑ ❑ ❑ ❑ ❑ ❑ ❑ f ; 3. To be'checked by inspector 3e .....k„...,€ , e..Af.-.-..._» _ �`... ev, ,h. smw�r.F..w..-IZIerie .1- h,.Y.eke,d..K,":.,, M-+14. ,...ek@11.ATC...,;'.*..,.t+ , , ate. .. 4,..,...lM....��f Air Leakage 5.4.3.1 Envelope Continuous air barrier is wrapped, sealed, ❑ ❑ ❑ caulked, gasketed, and/or taped in an approved manner, except in semiheated spaces and in climate zones 1-6. Air Leakage 5.4.3.2 Envelope Factory -built fenestration and doors are labeled ❑ ❑ ❑ as meeting air leakage requirements. Air Leakage 5.4.3.1 Envelope All sources of air leakage in the building thermal ❑ ❑ ❑ envelope are sealed, caulked, gasketed, weather stripped or wrapped with moisture vapor -permeable wrapping material to minimize air leakage. Fenestration 5.8.2.1 Envelope Fenestration products rated in accordance with ❑ ❑ ❑ NFRC. Fenestration 5.8.2.2 Envelope Fenestration products are certified as to ❑ ❑ ❑ performance labels or certificates provided. Insulation 5.8.1.2 Envelope Below -grade wall insulation installed per ❑ • :I ❑ manufacturer's instructions. • • Insulation 5.8.1.2 Envelope Slab edge insulation installed per manufatureris • instructions. " '• • Q•r•--+ ❑ ••• Insulation 5.5.3.1 Envelope Roof R-value. For some ceiling systems, • verification may need to occur during Frartiifle • •• ' Inspection. • • • • • • • • Insulation 5.8.1.2,5.8.1.3 Envelope Roof insulation installed per manufacturer's• . • •. ❑ •Er ❑ • •. instructions. Blown or poured loose -fill insulation is installed only where the roof slope is <=3 in.12. • �- -•� • • Insulation 5.5.3.1 Envelope Skylight curbs are insulated to the level of'dofs'' I__I 1' 0 • • . with insulation above deck or R-5. • • • Insulation 5.8.1.2 Envelope Above -grade wall insulation installed per • ' L. •�i • ❑ •' 41 manufacturer's instructions. • • • • • • ••• Insulation 5.8.1.2 Envelope Floor insulation installed per manufacturer's' • • DID: ❑ ' instructions. Insulation 5.8.1.1 Envelope Building envelope insulation is labeled with 0 ❑ ❑ R-value or insulation certificate providing R-value and other relevant data. Insulation 5.8.1.4 Envelope Eaves are baffled to deflect air to above the ❑ ❑ ❑ insulation. Insulation 5.8.1.5 Envelope Insulation is installed in substantial contact with ❑ ❑ 0 the inside surface separating conditioned space from unconditional space, Insulation 5.8.1.6 Envelope Recessed equipment installed in building ❑ ❑ ❑ envelope assemblies does not compress the adjacent insulation. Insulation 5.8.1.7 Envelope Exterior insulation is protected from damage with ❑ ❑ ❑ a protective material. Verification for exposed foundation insulation may need to occur during Foundation Inspection. Insulation 5.8.1.7.1 Envelope Attics and mechanical rooms have insulation ❑ ❑ 0 protected where adjacent to attic or equipment access. Insulation 5.8.1.7.2 Envelope Foundation vents do not interfere with insulation. ❑ ❑ ❑ ••• •. ••• • ••• • EnergyGauge Summit® Fla/Com-2014. TAM 2014-1.0 Compliant Software. Effective Date: June 30, 2015 Florida Building Code, Fifth Edition (2014) - Energy Conservation ASHRAE 90.1-2010 - Energy Cost Budget Option Page 11 of 21 •• • •• ••• • • ••• • ••• • 8/3/2017 Insulation Controls Controls Controls Controls Controls Controls Controls Wattage Wattage Wattage HVAC HVAC HVAC HVAC HVAC HVAC HVAC HVAC HVAC HVAC HVAC HVAC HVAC 5.8.1.8 Envelope Insulation intended to meet the roof insulation requirements cannot be installed on top of a suspended ceiling. Mark this requirement compliant if insulation is installed accordingly. 9.4.1.7 Exterior Lighting Automatic lighting controls for exterior lighting installed. 9.4.1.1 Interior Lighting Automatic controls to shut off all building lighting installed in buildings >5,000 ft2. 9.4.1.2 Interior Lighting Independent lighting controls installed per approved lighting plans and all manual controls readily accessible and visible to occupants. 9.4.1.3 Interior Lighting Parking garage lighting is equipped with required lighting controls and daylight transition zone lighting. 9.4.1.4 Interior Lighting Primary sidelighted areas >=250 ft2 are equipped with required lighting controls. 9.4.1.5 Interior Lighting Enclosed spaces with daylight area under skylights and rooftop monitors >900 ft2 are equipped with required lighting controls. 9.4.1.6 Interior Lighting Separate lighting control devices for specific uses installed per approved lighting plans. 9.6.2 Interior Lighting Additional interior lighting power allowed for special functions per the approved lighting plans and is automatically controlled and separated from general lighting. 9.6.3 Interior Lighting Where space LPD requirements are adjusted based on room cavity ratios, dimensions are consistent with approved plans. 9.2.2.3 Interior Lighting Interior installed lamp and fixture lighting power is consistent with what is shown on the approved lighting plans, demonstrating proposed watts are less than or equal to allowed watts. 6.4.3.8 Mechanical Freeze protection and snow/ice melting system • sensors for future connection to controls. • ••• • • 6.4.1.4,6.4.1.5 Mechanical HVAC equipment efficiency verified. Non1JP4l %• HVAC equipment labeled as meeting 90.1. • 6.4.3.4.1 Mechanical Stair and elevator shaft vents have motorize l. • dampers that automatically close. • • •••• 6.4.3.4.2,6.4.3.4.3 Mechanical Outdoor air and exhaust systems have motorized dampers that automatically shut when not in use • and meet maximum leakage rates. Check g!avl!y dampers where allowed. 6.4.3.4.5 Mechanical Enclosed parking garage ventilation has : • • • automatic contaminant detection and capacity to • stage or modulate fans to 50% or less of design • capacity. • . • 6.4.4.1.1 Mechanical Insulation exposed to weather protected from damage. Insulation outside of the conditioned space and associated with cooling systems is vapor retardant. 6.4.4.1.2 Mechanical HVAC ducts and plenums insulated. Where ducts or plenums are installed in or under a slab, verification may need to occur during Foundation Inspection. 6.4.4.1.3 Mechanical HVAC piping insulation thickness. Where piping is installed in or under a slab, verification may need to occur during Foundation Inspection. 6.4.4.2.1 Mechanical Ducts and plenums sealed based on static pressure and location. 6.5.7.1.5 Mechanical Approved field test used to evaluate design air flow rates and demonstrate proper capture and containment of kitchen exhaust systems. 6.4.3.1.2 Mechanical Thermostatic controls have a 5 °F deadband. 6.4.3.2 Mechanical Temperature controls have setpoint overlap restrictions. 6.4.3.3.1 Mechanical HVAC systems equipped with at least one automatic shutdown control. ❑ ❑❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ •••• E•I ❑••• •• • a•E ❑ ••• ▪ ❑ ❑ ••• • • • • in. • • • • •• • • • 4 • n n•• ❑ ••• • ••• ••• • • ❑ ❑• ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ EnergyGauge Summit® Fla/Com-2014. TAM 2014-1.0 Compliant Software. Effective Date: June 30, 2015 Florida Building Code, Fifth Edition (2014) - Energy Conservation ASHRAE 90.1-2010 - Energy Cost Budget Option Page 12 of 21 ••• • • • • • • • ••• • •• • •• ••• • • ••• • ••• • 8/3/2017 HVAC 6.4.3.7 SYSTEM_SPECIFIC 7.4.4.1 SYSTEM_SPECIFIC 7.4.4.2 SYSTEM_SPECIFIC 7.4.6 SYSTEM_SPECIFIC 6.4.1.5.2 SYSTEM_SPECIFIC 6.4.4.2.2 SYSTEM_SPECIFIC 6.5.2.1 SYSTEM_SPECIFIC 6.5.2.2.2 SYSTEM_SPECIFIC 6.5.3.2.2 SYSTEM_SPECIFIC 7.4.4.4 SYSTEM_SPECIFIC SYSTEM_SPECIFIC SYSTEM_SPECIFIC SYSTEM_SPECIFIC SYSTEM_SPECIFIC SYSTEM_SPECIFIC 7.4.5.1 7.4.5.2 7.4.5.3 7.4.3 7.4.3 7.4.3 Mechanical Mechanical Mechanical Mechanical When humidification and dehumidification are provided to a zone, simultaneous operation is prohibited. Temperature controls installed on service water heating systems (<=120°F to maximum temperature for intended use). Automatic time switches installed to automatically switch off the recirculating hot-water system or heat trace. Heat traps installed on non -circulating storage water tanks. Mechanical PTAC and PTHP with sleeves 16 in. by 42 in. labeled for replacement only. Mechanical Ductwork operating >3 in. water column requires air leakage testing. Mechanical Zone controls can limit simultaneous heating and cooling and sequence heating and cooling to each zone. Mechanical Two -pipe hydronic systems using a common distribution system have controls to allow a deadband >=15 °F, allow operation in one mode for at least 4 hrs before changeover, and have rest controls to limit heating and cooling supply temperature to <=30 °F. Mechanical VAV fans have static pressure sensors positioned so setpoint <=1/3 total design pressure. Mechanical Controls are installed that limit the operation of a recirculation pump installed to maintain temperature of a storage tank. Pool heaters are equipped with on/off switch and no continuously burning pilot light. Pool covers are provided for heated pools and pools heated to >90°F have a cover >=R-42. • • • • Time switches are installed on all pool heater! • and pumps. • All piping in circulating system insulated •....' •••• First 8 ft of outlet piping is insulated • • • • • • Mechanical Mechanical Mechanical Mechanical Mechanical Mechanical All heat traced or externally heated piping • • • • • • insulated ❑ ❑❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ri••••• ❑ • El•W ❑ •• • •• ❑ ElEl• 1 I• I:3° ❑ ••f•• • • ••• 1:3• j: ❑ •• 1••• • • • • • • • • • • • • • 11• • • 4 To beychecked by inspector at Project Completion;and ,Prfor 51,u. l nce bf . � , • • . Post Construction 8.7.1 Interior Lighting Furnished as -built drawings for electric power ❑ I...J ❑ systems within 30 days of system acceptance. 8.7.2 Furnished O&M instructions for systems and equipment to the building owner or designated representative. 6.7.2.4 HVAC control systems have been tested to ensure proper operation, calibration and adjustment of controls. 6.7.2.1 Furnished HVAC as -built drawings submitted within 90 days of system acceptance. 6.7.2.2 Mechanical Furnished O&M manuals for HVAC systems within 90 days of system acceptance. 6.7.2.3 Mechanical An air and/or hydronic system balancing report is provided for HVAC systems serving zones >5,000 ft2 of conditioned area. Post Construction HVAC Post Construction Post Construction Post Construction Interior Lighting Mechanical Mechanical ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ EnergyGauge Summit® Fla/Com-2014. TAM 2014-1.0 Compliant Software. Effective Date: June 30, 2015 Florida Building Code, Fifth Edition (2014) - Energy Conservation ASHRAE 90.1-2010 - Energy Cost Budget Option Page 13 of 21 .... • • • • •••• • • • •• • •• •• • • • ••• • • • • • •••• •• • • • • • ••• • • •.•• • • •• • •• •• • • • • • ••• •• ••• • • • • • • • • • • • • • • • • • • • • •• • • • • • • • EnergyGauge Summit® Fla/Com-2014. TAM 2014-1.0 Compliant Software. Effective Date: June 30, 2015 Florida Building Code, Fifth Edition (2014) - Energy Conservation ASHRAE 90.1-2010 - Energy Cost Budget Option 8/3/2017 Page 14 of 21 Input Data Report Project Name: Restaurant Project Information Project Title: 0325-PRIMAL FIT MIAMI Address: 9523, 9525, 9527, 9529, & 9531 NE 2nd State: FL Avenue Owner: Building Type: Gymnasium No.of Stories: 1 Bldg. Rotation: None Zip: 33138 Building Classification: Addition to existing Building GrossArea (SF): 735 No Acronym Description 1 PrOZo1 GYM Zones Type CONDITIONED Arca JL 735.0 Multi 1 Total Area Isfl z: a • • • • ▪ • • • • • • •. • •..•-• •• . • • • • • • • No Acronym Description In Zone: Pr0Zo1 1 PrOZolSpl Zo0Spl Spaces Type Exercise Area (Exercise Center) Depth ]ft] 52.50 •••• • • • •• • • • • • • •• • • • • Width .Weight Mult 6 •rental: Total' • (ft) • • Ifi)• • A•ea Vol)cf) • • • • js� • • • • • • • ••• • • • • • • • • 14.00 12.00 1 735.0 • • 8820.0 ❑ • No Type In Zone: Pr0Zo1 In Space: PrOZolSpl 1 LED Category Lighting No. of Watts per Power Control Type Luminaires Luminaire ]W] General Lighting No.of Ctrl pts 3 100 300 Occupancy sensor with 2 Daylighting On/Off El EnergyGauge Summit® Fla/Com-2014. TAM 2014-1.0 Compliant Software. Effective Date: June 30, 2015 Florida Building Code, Fifth Edition (2014) - Energy Conservation ASHRAE 90.1-2010 - Energy Cost Budget Option 8/3/2017 Page 15 of 21 Walls (Walls will be rotated clockwise by building rotation value) No Description Type Width H (Effec) Multi Area Orient Cond- Heat Dens. R-Value IN jftj plier 1st) ation uctance Capacity jlb/cfl jh.sf.F/Btu] IBtu/h.sf.Fl IBtu/sf.FI In Zone: PrOZo1 1 PrOZolWa1 2 PrOZo 1 Wa2 3 Pr0Zo1Wa3 5/8" stucco /8"CMU/3/4"ISO BTWN24"oc/.5" Gyp 5/8" stucco /8"CMU/3/4"ISO BTWN24"oc/.5" Gyp 5/8" stucco /8"CMU/3/4"ISO BTWN24"oc/.5" Gyp 52.50 12.00 1 630.0 East 0.2067 5.731 34.65 4.8 14.00 12.00 1 168.0 West 0.2067 5.731 34.65 4.8 14.00 12.00 1 168.0 East 0.2067 5.731 34.65 4.8 Windows (Windows will be rotated clockwise by building rotation value) No Description Orientation Shaded U SHGC Vis.Tra �V IBtu/hr sf F] Ift] H (Effec) Multi Total Area [ft] Pii66 • • Isf] • • In Zone: Pr0Zo1 In Wall: PrOZo1Wa2 1 PrOZo 1 Wa2 Wi 1 West • • • •• • • •• • • • • •• • • •• • • • •••• •• • • • • • • No 1.2500 0.82 0.76 13.00 t 1 • • • •'7 91.0 ••:Me 1 • ••• ••• • • • • • •• •• •• • Alb da al • • • • Doors • • • • • • • • • • • • 4 •• • ••• • • No Description Type Shade? Width H (Effec) Multi Area Cond. Dens. Ht Cap. R ]ft] [ft] plier Isf] IBtu/h.sf.F1 (Ib/cf] IBtu/st ]h.sf.F/ 11 Btu] In Zone: PrOZo1 In Wall: PrOZo1Wa3 1 PrOZo1 Wa3Dr1 0.5 Ply/35/8" Mtl No 3.00 7.00 1 21.0 0.0444 8.59 1.01 22.54 ❑ std a 24"oc/R19/0.5" Gyp EnergyGauge Summit® Fla/Com-2014. TAM 2014-1.0 Compliant Software. Effective Date: June 30, 2015 Florida Building Code, Fifth Edition (2014) - Energy Conservation ASHRAE 90.1-2010 - Energy Cost Budget Option 8/3/2017 Page 16 of 21 Roofs No Description Type Width H (Effec) Multi Area Tilt Cond. Ileac Cap Dens. R-Value [ft] [ft] plier ]sf] [deg] [Btu/h.Sf. F] ]Btu/sf. F] [Ib/cf] [h.sf.F/Btu In Zone: PrOZo1 1 PrOZo1Rfl T24R19b 33.20 20.78 1 689.9 0.00 0.0339 0.86 5.47 29.5 ❑ Skylights No Description Type U [Btu/hr sf F] SHGC Vis.Trans W H (Effec) Multi- Area Total Area [ft] [ft] plier [Sf) [Sf] In Zone: In Roof: • .•• • • • • • • • • • . • .• • El • •• • • • • . • Floors • • • • • • •• • • • • • • No Description Type Width H (Effec) Multi Area Cond • • • Meat Cap.. Dealt R-Vaditi• • • [ft] [ft] plier [stj [Btu/hsRF • {Btu/sf. F] • 41b/c4] [h.sf.Fi'l;Uu. • • In Zone: PrOZo1 1 PrOZoIFII • • • • • • • • • • • • • • . • •• • • • • • • • • • •• Concrete floor, carpet 32.20 31.60 1 1017.5 0.5987 9.33 140.00 1.67 and rubber pad EnergyGauge Summit® Fla/Com-2014. TAM 2014-1.0 Compliant Software. Effective Date: June 30, 2015 Florida Building Code, Fifth Edition (2014) - Energy Conservation ASHRAE 90.1-2010 - Energy Cost Budget Option 8/3/2017 Page 17 of 21 Systems Pr0Sy24 AHU#1 Constant Volume Air Cooled No. Of Units Split System < 65000 Btu/hr 1 Component Category 1 Cooling System 2 Heating System 3 Air Handling System -Supply 4 Air Distribution System (Sup) 5 Air Distribution System (Ret) Capacity Efficiency 51200.00 16.00 3420.00 1.00 1890.00 0.27 6.00 6.00 IPLV 8.00 Water Heaters • • • • • • • • • • •• • • • • • •• . •. • • • • • W-Heater Description Capacity Cap.Unit 1/P Rt. • Efficiency • • • • Doss 1 Gas Instantaneous water heater • • � • • • • • • [Gal] 199000 [Btu/h] 0.9600 [Ef/Et] lBtu/h] ❑ • • • • • • • •• • • • Description Category Ext-Lighting No. of Watts per Area/Len/No Control Wattage Lumin- Lumin- Isf/ft/No] Type IW] aires aire 1 Ext Light 2 Walk way less than 10 feet wide LEMMIGMI 4 30 120.00 Astronomical Timer ( 120.00 ❑ EnergyGauge Summit® Fla/Com-2014. TAM 2014-1.0 Compliant Software. Effective Date: June 30, 2015 Florida Building Code, Fifth Edition (2014) - Energy Conservation ASHRAE 90.1-2010 - Energy Cost Budget Option 8/3/2017 Page 18 of 21 No Type Piping Operating Insulation Nomonal pipe Insulation Is Temp Conductivity Diameter Thickness Runout? IF] I Btu-in/h.sf.F] ]in] ]in] Fenestration Used Name Glass Type No. of Panes ASHULSg1C1rAI1 User Defined Frm 1 Glass Conductance ]Btu/h.sf.F) SHGC VLT 1.2500 0.8200 0.7600 6611.96.11. Materials Used Mat No Acronym Description 187 Mat1187 151 Mat1151 178 Mat1178 268 Mat1268 42 Mat142 269 Mat1269 211 Matl21I 23 Mat123 244 Mat1244 82 Mat182 91 Mat191 407 Mat1407 414 MatI414 80 Mat180 Only RValue Thick R-Value ]h.sf.F/Btu] ]ft] Used • • • • • •• • • • • • • • •• • • . • •• • •: Cond- •••• Activity • IBtg/li.ft_I_ • Density Sp. Heat • PIA; ...143tu/lb.t1 • • • • • • • •• •• •• • GYP OR PEAS No 0.4533 0.0417 .0.05E G • 50.00 • 0.2000 • BOARD,1/2IN • • • CONC HW, DRD, 140LB, No 0.4403 0.3333 •0.7576 14a.t • •.0.2000. • • • 4IN •• • • • • • • • • CARPET W/RUBBER PAD Yes 1.2300 • • 0.625" stucco No 0.1302 0.0521 0.4000 16.00 0.2000 8 in. Lightweight concrete No 2.0212 0.6670 0.3300 38.00 0.2000 block .75" ISO BTWN24" oc No 2.2321 0.0625 0.0280 4.19 0.3000 POLYSTYRENE,EXP.,1/2IN No 2.0850 0.0417 0.0200 1.80 0.2900 6 in. Insulation No 20.0000 0.5000 0.0250 5.70 0.2000 PLYWOOD, 1/21N No 0.6318 0.0417 0.0660 34.00 0.2900 ASPHALT -SHINGLE AND Yes 0.4400 SIDING BUILDING PAPER, Yes 0.0600 PERMEABLE FELT R-19 Generic Insulation No 19.0000 0.4147 0.0218 0.30 0.2000 R-8 generic Insulatrion No 8.0000 0.1746 0.0218 0.30 0.2000 AIR LAYER, 4IN OR Yes 0.9200 MORE, HORIZ. ROOFS • • ❑ • ❑ • 8/3/2017 EnergyGauge Summit® Fla/Com-2014. TAM 2014-1.0 Compliant Software. Effective Date: June 30, 2015 Florida Building Code, Fifth Edition (2014) - Energy Conservation ASHRAE 90.1-2010 - Energy Cost Budget Option Page 19 of 21 Constructs Used No Name Simple Construct Massless Conductance heat Cap Density RValue Construct ]Btu/h.sf.F] ]Btu/sf.F) ]Ib/cf] Jh.sf.F/Btu] 1004 Concrete floor. carpet and rubber pad No No 0.60 9.33 140.00 1.7 ❑ No Name Layer Material Material Thickness Framing No. iftl Factor 1 151 CONC HW, DRD, I40LB, 4IN 0.3333 0.000 0 2 178 CARPET W/RUBBER PAD 0.000 ❑ Simple Construct Massless Conductance Heat Cap Density RValue Construct (Btu/h.sf.F] 1Btu/sf.F] ]Ib/cfJ ]h.sf.F/Btu] 1011 5/8" stucco /8"CMU/3/4"ISO BTWN24"oc/.5" Gyp No No 0.21 5.73 34.65 4.8 ❑ No Name Layer Material Material Thickness Framing No. IN Factor 1 268 0.625" stucco 0.0521 0.000 0 2 42 8 in. Lightweight concrete block 0.6670 0.000 • • • • CI •• • • •.•. • • • 3 269 .75" ISO BTWN24" oc 0.0625 •.. • : 0.000 • • 4 187 GYP OR PLAS BOARD,1/2IN 0.0417 • 0.000 • • • Simple Construct • • • • •. • on••• •••• •• • • Massless Conductance Ileat ��R • Density: • • rt'alue • Construct ]Btu/h.sf.F] ]Btu/skL' •..]1b/cf] jr TF/Btu] • • • • • • • 1017 0.5 Ply/35/8" Mtl No No 0.04 1.111• •' 8.59 " 22.5 • ••; • std@24"oc/R19/0.5" 24"oc/R19/0.5" Gyp • • • • •. • • • Layer Material Material Thickness • • Framing • • • • • No. IN • . • Facton • • • • • •• 1 211 POLYSTYRENE,EXP.,1/2IN, 0.0417 0.000 ❑ 2 23 6 in. Insulation 0.5000 0.000 0 3 187 GYP OR PLAS BOARD,1/2IN 0.0417 0.000 0 EnergyGauge Summit® Fla/Com-2014. TAM 2014-1.0 Compliant Software. Effective Date: June 30, 2015 Florida Building Code, Fifth Edition (2014) - Energy Conservation ASHRAE 90.1-2010 - Energy Cost Budget Option 8/3/2017 Page 20 of 21 No Name Simple Construct Massless Conductance Heat Cap Density RValue Construct IBtu/h.sf.FI IBtu/sf.F] [Ib/cfi (h.sf.F/Btu] 1053 T24R19b No No 0.03 0.86 5.47 29.5 ❑ Layer Material Material Thickness Framing No. fit] Factor 1 82 ASPHALT -SHINGLE AND SIDING 0.000 ❑ 2 91 BUILDING PAPER, PERMEABLE FELT 0.000 ❑ 3 244 PLYWOOD, 1/21N 0.0417 0.000 ❑ 4 414 R-8 generic Insulatrion 0.1746 0.000 ❑ 5 407 R-19 Generic Insulation 0.4147 0.000 ❑ 6 80 AIR LAYER, 4IN OR MORE, HORIZ. 0.000 ❑ ROOFS 7 187 GYP OR PLAS BOARD,1/21N 0.0417 0.000 ❑ ... • • • • . .... • . . .. . .. . . .. . . .... .. . . . . .... . .. . ••• . . • . • .. .. .. • • • • • . • • . . . • . • . • • • • • • .. • ••• • EnergyGauge Summit® Fla/Com-2014. TAM 2014-1.0 Compliant Software. Effective Date: June 30, 2015 Florida Building Code, Fifth Edition (2014) - Energy Conservation ASHRAE 90.1-2010 - Energy Cost Budget Option 8/3/2017 Page 21 of 21 EnergyGauge Summit® v5.20 INPUT DATA REPORT Proiect Information Project Name: Restaurant Project Title: 0325-PRIMAL FIT MIAMI Address: 9523, 9525, 9527, 9529, & 9531 NE 2nd Avenue State: FL Zip: 33138 Owner: Orientation: Building Type: Building Classification: 0 Deg Clockwise. Walls & Windows will be rotated accordingly Gymnasium Addition to existing Building No.of Stories: 1 GrossArea: 735 SF Zones No Acronym Description Type Area Istl Multiplier Total Area Isfl 1 PrOZoI GYM • CONDITIONED • • 735.0 1 735.0 ❑ • ••• Spaces • ••• • • No Acronym Description ti Type .' •. • • • • a i '• •Dgptt ' ' ' 'Kt] • • •'. a • - :Wrilth •jftl Height lftl Multi plier Total Area Isfl Total Volume lctl 8/3/2017 ••• • • • • ••• • • Epergyaygeununitt v5.21:1 • • • • • • • • • • • •. .. • • • •• •• ..• • • • ••• • • 1 In Zone: Pr0Zo1 1 Pr0Zo1Sp1 Zo0Sp1 Exercise Area (Exercise Center) 52.50 14.00 12.00 1 735.0 8820.0 Lighting No Type Category No. of Watts per Power Control Type Luminaires Luminaire [W] No.of Ctrl pts In Zone: Pr0Zo1 In Space: Pr0Zo1Sp1 1 LED General Lighting 3 100 300 Occupancy sensor with Daylighting On/Off 2 Walls (Walls will be rotated clockwise by building rotation value) No Description Type Width H (Effec) Multi Area Orientation Conductance Heat [ft] )ft) plier 1st) [Btu/hr. sf. F] Capacity [Btu/sf.F) Dens. R-Value )Ib/cf] lh.sf.F/Btu) In Zone: Pr0Zol 1 Pr0Zo1 Wa1 2 PrOZol Wag 3 PrOZo 1 Wa3 5/8" stucco 52.50 12.00 1 630.0 East 0.2067 5.731 /8"CMU/3/4"ISO BTWN24"oc/.5" Gyp 5/8" stucco 14.00 12.00 1 168.0 West 0.2067 5.731 /8"CMU/3/4"ISO BTWN24"oc/.5" Gyp 5/8" stucco 14.00 12.00 1 168.0 East 0.2067 5.731 /8"CMU/3/4"ISO • • ••• • BTWN24"oc/.5" • • • • Gyp •• • 34.65 4.8 34.65 4.8 34.65 4.8 ❑ ❑ ❑ .. ... •• • • • •• Windows (Windows will be rotated clockwise by building rotation value) • •••• • •.• • • No Description . . . • Orientation • • Shaft' • • 31 : • •51J6c : Vis.Tra W H (Effec) Multi • • • • [Bft?I lr sN'J [ft] iftl plier Total Area istl 8/3/2017 ••• • • • • ••• • • EBergyat••Suntmitt v5.2: • • • • • • • • • • • •• •• • • • •• •• • • • • • • .•• • • 2 In Zone: PrOZol In Wall: Pr0Zo1Wa2 1 PrOZo1 Wa2Wi1 West No 1.2500 0.82 0.76 13.00 7.00 1 91.0 ❑ Doors No Description Type Shaded? Width H (Effec) Multi [ft] [ft] plier Area Cond. Dens. Heat Cap. R-Value Isf] [Btu/hr. sf. F] 11b/cfl IBtu/sf. F] Ih.sf.F/Btu] In Zone: PrOZol In Wall: Pr0Zo1Wa3 1 Pr0Zo1 Wa3Dr1 0.5 Ply/35/8" Mtl std@24"oc/R 19/0. 5" Gyp No 3.00 7.00 1 21.0 0.0444 8.59 1.01 22.54 ❑ Roofs No Description Type Width H (Effec) Multi Area [ft] [ft] plier Ist] Tilt Cond. Heat Cap Dens. R-Value [deg] [Btu/hr. Sf. F] (Btu/sf. F] Ilb/ct] Ih.sf.F/Btul In Zone: PrOZol 1 Pr0Zo1Rf1 T24R19b 33.20 20.78 1 689.9 0.00 0.0339 0.86 5.47 29.5 ❑ Skylights No Description Type U SIIGC Vis.Trans (Btu/hr sf FI W H (Effec) Multiplier Area Total Area [ft] [ft] (Sf[ [Sf] In Zone: In Roof: •• .•• • • . • • •• • • • • • ._ a_ • ❑ •a •.• •• • • • .• Floors • ••• • ••• • • No Description Type • • . • Winh • •:H1El ee) M7iIt: Area • • • [ft] • • • fft] plier • 'IA Cond. Heat Cap. Dens. R-Value IBtu/hr. sf. Fl [Btu/sf. Fl [Ib/ct] [h.sf.F/Btul 8/3/2017 ••• • • • • ••• • • i Eaergyiauge:Sun:mitf v5.21;1 • • • • • • • • • • • •• •. • • • •• •• .•• • • • ••• • • 3 In Zone: Pr0Zo1 1 PrOZolF11 Concrete floor, 32.20 31.60 1 1017.5 0.5987 9.33 140.00 1.67 carpet and rubber pad Systems PrOSy24 AHU#1 Constant Volume Air Cooled Split System < 65000 Btu/hr No. Of Units 1 Component Category Capacity Efficiency IPLV 1 Cooling System 2 Heating System 3 Air Handling System -Supply 4 Air Distribution System (Sup) 5 Air Distribution System (Ret) 51200.00 16.00 8.00 3420.00 1.00 1890.00 0.27 6.00 6.00 ❑ ❑ Plant Equipment Category Size Inst.No Eff. IPLV Water Heaters W-Heater Description Capacity Cap.Unit UP Rt. Efficiency Loss 1 Gas Instantaneous water heater [Gal] 199000 [Btu/h] 0.9600 [Ef/Et] [Btu/h] ❑ •• ••• •• • • • • Description Category No. of Watts per Area/Len/No. of units Control Type Wattage •:• Lylhynaite4' 1, irilrr [sf/ft/No] [WI • • • • • • , • 1 Ext Light 2 Walk way lessthan..W.feet." ••. '4' '.' '' 30 wide 120.00 Astronomical Timer Contri 120.00 ❑ 8/3/2017 ••• • • • • ••• • • EpergyaOge:Suidmitt v5.2:1 • • • • • • • • • • • •• •• • • • •• •• ••• • • • ••• • • 4 Piping No Type Operating Temperature [FI Insulation Conductivity [ Btu-in/h.sf.F1 Nomonal pipe Insulation Is Runout? Diameter Thickness (inl [in' Fenestration Used Name Glass Type No. of Panes Glass Conductance [Btu/h.sf.FI SHGC VLT ASHULSgICIrAl1 User Defined Fnn 1.2500 0.8200 0.7600 Materials Used Mat No Acronym Description Only R-Value RValue Thickness Conductivity Density SpecificHeat Used [h.sf.F/Btul [ftl [Btu/h.ft.FI [Ib/cfl [Btu/lb.Fl 187 MatI187 151 MatIl51 178 Mat1178 268 Mat1268 42 MatI42 269 Mat1269 211 Matl2l l 23 Mat123 244 Mat1244 GYP OR PLAS No 0.4533 0.0417 0.0920 50.00 0.2000 U BOARD,1 /2IN CONC HW, DRD, 140LB, No 0.4403 0.3333 0.7570 140.00 0.2000 ❑ 41N CARPETW/RUBBERPAD •Yes••• • • •1OOOOO.2300• •• E •0.625" stucco 'No •: ••: : VW: • • 0.0521 0.4000 16.00 0.2000 ❑ 8 in. Lightweight concrete ••itIo..41 ••: •.10:14 ..• 0.6670 0.3300 38.00 0.2000 ❑ block .75" ISO BTWN24" oc No 2.2321 0.0625 0.0280 4.19 0.3000 E POLYSTYRENE,EXP.,1 /21N • No •• •• • •• • 1.0850• •• • •• •• • 0.0417 0.0200 1.80 0.2900 ❑ • •• • • • • •• •• • • • ••• •• • • • •• • •• • • • • • • • 6 in. Insulation • • • No • • • 020.0000 • • 0.5000 0.0250 5.70 0.2000 ❑ PLYWOOD, 1/2IN No 0.6318 0.0417 0.0660 34.00 0.2900 ❑ 8/3/2017 ••• • • • • ••• • • Eriergy%af unjmitt v5.2:I • • • • • • • • • • • •• •• • • • •• •• ••• • • • ••• • • 5 82 91 407 414 80 Mat182 ASPHALT -SHINGLE AND Yes 0.4400 SIDING Mat191 BUILDING PAPER, Yes 0.0600 PERMEABLE FELT Mat1407 R-19 Generic Insulation No 19.0000 0.4147 Mat1414 R-8 generic Insulatrion No 8.0000 0.1746 Mat180 AIR LAYER, 4IN OR Yes 0.9200 MORE, HORIZ. ROOFS 0.0218 0.0218 0.30 0.30 0.2000 0.2000 ❑ ❑ ❑ ❑ Constructs Used No Simple Massless Conductance Name Construct Construct [Btu/h.sf.F] Ileat Capacity [Btu/sf.FI Density [Ib/cf1 RValue ]h.sf.FBtu] 1004 Concrete floor, carpet and rubber pad No No 0.60 9.33 140.00 1.7 ❑ Layer Material No. 1 151 2 178 Material Thickness [ft] CONC HW, DRD, 140LB, 4IN 0.3333 CARPET W/RUBBER PAD Framing Factor 0.000 0.000 ❑ ❑ No Name Simple Massless Conductance Construct Construct [Btu/h.sf.F1 Ileat Capacity 1Btu/sf.F1 Density ]lb/cf1 RValue Ih.sf.FBtu] 1011 5/8" stucco /8"CMU/3/4"ISO BTWN24"oc/.5" Gyp No No 0.21 5.73 34.65 4.8 ❑ Layer Material No. 1 268 2 42 3 269 4 187 Material Thickness [ft] 0.625" stucco 0.0521 8 in. Lightweight concrete block • •• •• •• •• •• •• 06674) •• •• •• • .75" ISO BTWN24" oc • • •. • • •0.9625• • • • • • . • • • • • GYP OR PLAS BOARD,1 /21N • 0.0417 Framing Factor 0.000 0.000 0.000 0.000 ❑ ❑ ❑ 8/3/2017 • ••• • ••• • • • • • • • • • • • • • • • • • • • . • •• • • • • • • •• • • • • • • • ••• • ••• • • • •• • • • • ••• • • Enerytaage Srmnit©v i20 • • • • • ••• • • • • • • • • • • • • • • •• •• • • • •• •• ••• • • • ••• • • 6 No Name Simple Massless Conductance Heat Capacity Density RValue Construct Construct 1Btu/h.sf.F1 lBtu/sf.F] 11b/cfl 1h.sf.F/Btul 1017 0.5 Ply/35/8" Mtl stdn24"oc/R19/0.5" Gyp No No 0.04 1.01 8.59 22.5 ❑ Layer Material Material Thickness Framing No. ]ft] Factor 1 211 POLYSTYRENE,EXP.,1/21N, 0.0417 0.000 2 23 6 in. Insulation 0.5000 0.000 3 187 GYP OR PLAS BOARD,1/2IN 0.0417 0.000 No Name Simple Massless Conductance Heat Capacity Density RValue Constrict Construct IBtu/h.sf.F] 1Btu/sf.F] llb/cfl Ih.sf.F/Btul 1053 T24R19b No No 0.03 0.86 5.47 29.5 0 Layer Material Material Thickness Framing No. Ift1 Factor 1 82 ASPHALT -SHINGLE AND SIDING 0.000 2 91 BUILDING PAPER, PERMEABLE FELT 0.000 3 244 PLYWOOD, 1/21N 0.0417 0.000 4 414 R-8 generic Insulatrion 0.1746 0.000 5 407 R-19 Generic Insulation 0.4147 0.000 6 80 AIR LAYER, 41N OR MORE, HORIZ. 0.000 ROOFS 7 187 GYP OR PLAS BOARD,1/21N 0.0417 0.000 • • 000 • • • • • • • • • • • • • • 8/3/2017 •• ••. •. • • • •• • ••• • ••• • • • • • • • • • • • • • • . • • . • • • • • • • . • • • • • • . • • . • • • •.• • ••• • • • • En ge Sumnitb' 20• • • • ••• • • • • • • • • • • • • • • • • • • • • • • • • • ••• • • • ••• • • 7 Profiles 501 501 ACM-NonRes 201 People 202 Lighting 203 Infiltration 204 Equipment 205 Sources 206 HeatTemp 207 CoolTemp 208 Hot Water Schedule 1,001 Heating Schedule 1,002 Cooling Schedule 1,003 Fan Operation Schedt. ACM Nonres 519 507 516 510 2 501 504 522 410 410 513 ACM Nonres People ACM Nonres Lights ACM Nonres Infiltration ACM Nonres Equipment Fractional Null Schedule ACM Nonres Heating ACM Nonres Cooling ACM Nonres Hot Water Always ON Always ON ACM Nonres Fans 8/3/2017 • • 0,10 • • • • • • • • • • • • • • • • •• ••• •• • • • •• • 000 • • • • • • • • • • • • • • • • • • • • • • • • • •• • • • • • • 410 • • • • • • • 41104. • 0.10 • • • EncrtvGTge SQmpi& 420 ; • • • • • • • • • • • •• •• • • • •• •• O 1111 • • • 000 • • 000 • • • • 000 • • • • a Schedules 1 1 Hourly Sch. for: Monday 12/31/1989 ShHr1 2 2 Hourly Sch. for: Monday 12/31/1989 ShHr2 3 Hourly Sch. for: Monday 12/31/1989 ShHr3 44 44 Hourly Sch. for: Monday 12/31/1989 ShHr179 45 45 Hourly Sch. for: Monday 12/31/1989 ShHr180 201 201 Hourly Sch. for: Monday 12/31/1989 ShHr201 On/Off Tuesday ShHr1 Tuesday ShHr2 Tuesday ShHr3 Fraction ON -OFF Null Schedule Wednesday ShHr1 Thursday ShHr1 Fractional Null Schedule Wednesday ShHr2 Absolute Thursday ShHr2 Absolute null schedule Wednesday ShHr3 Absolute Tuesday ShHr179 SetPt78 Wednesday ShHr179 Absolute Tuesday ShHr180 Tuesday ShHr201 Thursdav ShHr3 Thursday ShHr179 Set Point 70 Wednesday .T•huisdav • ShHr180 ; ShHr1$0'.: Absolute Friday ShHr1 Friday ShHr2 Friday ShHr3 Friday ShHr179 . Friday • • St2-Ir38d .•' ... Set Point 99 •• • • • •• • ••• • Wednesday •• TtQirsdav: ShHr201 •• Sl -r261 '; ••• • ••• ••• • • . bridals $ hfi rZ01 • • • Saturday ShHr1 Saturday ShHr2 Saturday ShHr3 Saturday ShHr179 Saturday ShHr180 Saturday ShHr201 Sunday ShHr1 Sunday ShHr2 Sunday ShHr3 Sunday ShHr179 Sundav ShHr180 Sunday ShHr201 Holiday ShHr1 Holiday ShHr2 Holiday ShHr3 Holiday ShHr179 Holiday ShHr180 Holiday ShHr201 8/3/2017 ••• • • . • ••• • Ener iGaIge S4melitr 420 ; • • • • • • • • • • • •• •• • • • •• •• ••• • • • ••• • • 202 202 Absolute Set Point 55 Hourly Sch. for: Monday Tuesday Wednesday Thursday Friday Saturday Sunday Holiday 12/31/1989 ShHr202 ShHr202 ShHr202 ShHr202 ShHr202 ShHr202 ShHr202 ShHr202 410 410 On/Off Always ON Hourly Sch. for: Monday Tuesday Wednesday Thursday Friday Saturday Sunday Holiday 12/31/1989 ShHr410 ShHr410 ShHr410 ShHr410 ShHr410 ShHr410 ShHr410 ShHr410 412 412 Absolute Florida Commercial Electric Rate Hourly Sch. for: Monday Tuesday Wednesday Thursday Friday Saturday Sunday Holiday 3/31/1989 ShHr413 ShHr413 ShHr413 ShHr413 ShHr413 ShHr415 ShHr415 ShHr415 10/31/1989 ShHr412 ShHr412 ShHr412 ShHr412 ShHr412 ShHr412 ShHr414 ShHr414 12/31/1989 ShHr413 ShHr413 ShHr413 ShHr413 ShHr413 ShHr415 ShHr415 ShHr415 501 501 Absolute ACM Nonres Heating Hourly Sch. for: Monday Tuesday Wednesday Thursday Friday Saturday Sunday Holiday 12/31/1989 ShHr501 ShHr501 ShHr501 ShHr501 ShHr501 ShHr502 ShHr503 ShHr503 504 504 Absolute ACM Nonres Cooling Hourly Sch. for: Monday Tuesday Wednesday Thursday Friday Saturday Sunday Holiday 12/31/1989 ShHr504 ShHr504 ShHr504 ShHr504 ShHr504 ShHr505 ShHr506 ShHr506 507 507 Fraction ACM Nonres Lights .. ... . . . . . .. • Hourly Sch. for: Monday Tuesday Wednesday •.Thur ay..:: irrida; '• Saturday Sunday Holiday 12/31/1989 ShHr507 ShHr507 ShHr507 '. hlir507••• ShHr508 ShHr509 ShHr509 510 510 Fraction ACM Npn 'EquigitInt"; ••, ,'• Hourly Sch. for: Monday 12/31/1989 ShHr510 • • . • . . . • . • . .• . . . • . Tuesday Wednesday ;, • Thpfsdav„ ',1~ridav •' ' • Saturday Sunday Holiday ShHr510 ShHr510 ShHr510 ShHr510 ShHr511 ShHr512 ShHr512 8/3/2017 GneWaLge St:rnilli* v • • • • •.• • • • • • • • • • •. .. • • • •. .• .•• • • • ••• • • 10 513 513 On/Off ACM Nonres Fans Hourly Sch. for: Monday 12/31/1989 ShHr513 Tuesday Wednesday Thursday Friday Saturday Sunday Holiday ShHr513 ShHr513 ShHr513 ShHr513 ShHr514 ShHr515 ShHr515 516 516 Fraction ACM Nonres Infiltration Hourly Sch. for: Monday Tuesday Wednesdav Thursdav Friday Saturday Sunday Holiday 12/31/1989 ShHr516 ShHr516 ShHr516 ShHr516 ShHr516 ShHr517 ShHr518 ShHr518 519 519 Fraction ACM Nonres People Hourly Sch. for: Monday 12/31/1989 ShHr519 Tuesday Wednesday Thursday Friday Saturday Sunday Holiday ShHr519 ShHr519 ShHr519 ShHr519 ShHr520 ShHr521 ShHr521 522 522 Fraction ACM Nonres Hot Water Hourly Sch. for: Monday Tuesday Wednesday Thursday Friday Saturday Sunday Holiday 12/31/1989 ShHr522 ShHr522 ShHr522 ShHr522 ShHr522 ShHr523 ShHr524 ShHr524 8/3/2017 .. .. • . • • . . . . • • • • • • • • • .• .•. •• • • • •• • •.• • •.. • • • • • • • • • • • • • • • • • • • • • • •• • • • • • . •• • • • • • • • ••. • ••• • • • ..• • • • • ••• • • Ener vGare Semm�t�J v5•20 • • • • • • • • • • • • • •• •• • • • •• •• ••• • • • ••• • • 11 Hourly Schedules Id Acronym Type Values Hours 1 thru 8 Hours 9 - 16 Hours 17 - 24 1 ShHr1 On/Off OFF OFF OFF OFF OFF OFF OFF OFF On -Off Null Schedule OFF OFF OFF OFF OFF OFF OFF OFF OFF OFF OFF OFF OFF OFF OFF OFF 2 ShHr2 Fraction 0 0 0 0 0 0 0 0 Fraction Null Schedule 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 3 ShHr3 Absolute 0 0 0 0 0 0 0 0 Absolute Null Schedule 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 179 ShHr179 Absolute 78 78 78 78 78 78 78 78 Set point 78 F All Day 78 78 78 78 78 78 78 78 78 78 78 78 78 78 78 78 180 ShHr180 Absolute 70 70 70 70 70 70 70 70 Set Point 70 F All Day 70 70 70 70 70 70 70 70 70 70 70 70 70 70 70 70 201 ShHr201 Absolute 99 99 99 99 99 99 99 99 Set point 99 99 99 99 99 99 99 99 99 99 99 99 99 99 99 99 99 202 ShHr202 Absolute 45 45 45 45 45 45 45 45 Set Point 55 45 45 45 45 45 45 45 45 45 45 45 45 45 45 45 45 410 ShHr410 On/Off ON ON ON ON ON ON ON ON Always On schedule ON ON ON ON ON ON ON ON ON ON ON ON ..• .ON . • ON •• ON ON 411 ShHr411 On/Off OFF OFF OFF ;OFF : •orF: :::wt. OFF OFF Always Off Schedule OFF OFF OFF OFF •:: c F: : ; •CSFF.. OFF OFF .. ... .. . . . .• OFF OFF OFF OFF OFF OFF OFF OFF 412 ShHr412 Absolute 0.03804 0.03804 0.03804 0.03804 0.03804 0.03804 0.03804 0.03804 Florida Avg. Week Day Summer E 0.03804 0.03804 0.03804 •0.6686 9.0686• (2.0M • 0.0686 0.0686 0.0686 0.0686 0.0686 . •0.0686 • . p4)686 • 6.1A844 : 0.03804 0.03804 8/3/2017 •. • IMF MP • ••• • • Energytarigc Sumlitt v :211• • • • ••• • • • •• • • • • • •• •• • • • •• •• ••• • • • ••• • • 12 413 ShHr413 Florida Avg. Week 414 ShHr414 Florida Avg. Week 415 ShHr415 Florida Avg. Week 501 ShHr501 Absolute ACM Nonres Heating Weekday Absolute 0.03804 Day Winter Ele, 0.0686 0.03804 'Absolute 0.03804 End Summer E 0.03804 0.03804 Absolute 0.03804 End Winter Ele. 0.03804 0.03804 60 70 0.03804 0.0686 0.0686 0.03804 0.03804 0.03804 0.03804 0.03804 0.03804 60 70 70 70 502 ShHr502 Absolute 60 60 ACM Nonres Heating Saturday 65 65 60 60 503 ShHr503 Absolute 60 60 ACM Nonres Heating Sunday 65 65 60 60 504 ShHr504 Absolute 77 77 ACM Nonres Cooling Weekday 73 73 73 73 505 ShHr505 Absolute 77 77 ACM Nonres Cooling Saturday 73 73 73 73 506 ShHr506 Absolute 77 77 ACM Nonres Cooling Sunday 73 73 73 507 ShHr507 Fraction 0.05 ACM Nonres Lights Weekday 0.8 508 ShHr508 Fraction ACM Nonres Lights Saturday 509 ShHr509 Fraction ACM Nonres Lights Sunday 0.85 0.05 0.25 73 0.05 0.85 0.8 0.05 0.25 0.03804 0.03804 0.0686 0.03804 0.03804 0.03804 0.03804 0.03804 0.03804 60 70 65 60 65 60 60 65 60 77 73 77 77 73 77 77 73 77 0.05 0.85 0.35 0.05 0.25 0.03804 0.03804 0.0686 0.03804 0.03804 0.03804 0.03804 0.03804 0.03804 60 70 60 60 65 60 60 65 60 77 73 77 77 73 77 77 73 0.03804 0.03804 0.0686 0.03804 0.03804 0.03804 0.03804 0.03804 0.03804 60 70 60 60 65 60 60 65 60 77 73 77 77 73 77 77 73 77 77 0.05 0.1 0.85 0.85 0.1 0.1 0.05 0.05 .a.'25•�• .0.25... . . 0.0686 0.03804 0.0686 0.03804 0.03804 0.03804 0.03804 0.03804 0.03804 65 70 60 65 65 60 65 65 60 73 73 77 73 73 77 73 73 77 0.2 0.85 0.1 0.1 : b.246 • 0.2 0.15 0.1 15.,1 •• •0;1 • • • .1 •. 0.05 0.05 0.05 90.05• • • 0'05 • • 0.1• • 0.15 0.15 0.15 0.15 0.15 0.15 0.15 510 ShHr510 Fraction 0.15 ACM Nonres Equipment Weekday 0.7 0.1 0.15 0.7 0.65 0.45 0.1 .0.411•• 0.05••• 0.15 :0.1t :0.15 .� 0.7 • 0.7% t:7: • 0.3 0.2 0.2 005 • 0.2• • • • 0`/. • • 0.15 0.0686 0.03804 0.03804 0.03804 0.03804 0.03804 0.03804 0.03804 0.03804 65 70 60 65 65 60 65 65 60 73 73 77 73 73 77 73 73 77 0.4 0.85 0.1 0.0686 0.03804 0.03804 0.03804 0.03804 0.03804 0.03804 0.03804 0.03804 70 70 60 65 65 60 65 65 60 73 73 77 73 73 77 73 73 77 0.7 0.85 0.1 0.15 0.25 0.2 0.1 0.1 0.15 0.05 0.35 0.7 0.2 0.1 0.15 0.15 0.05 0.6 0.7 0.15 0.15 8/3/2017 Ener*cadge Sgmlljtr v:20 •• • • • • • • • . • . • • •. •• . • • .• .. • • • • . • ••• . • 13 511 ShHr511 Fraction 0.15 ACM Nonres Equipment Saturday 0.25 0.2 512 ShHr512 Fraction 0.15 ACM Nonres Equipment Sunday 0.2 0.2 513 ShHr513 On/Off OFF ACM Nonres Fans Weekday ON ON 514 ShHr514 On/Off OFF ACM Nonres Fans Saturday ON OFF 515 ShHr515 On/Off OFF ACM Nonres Fans Sunday OFF OFF 516 ShHr516 Fraction 1 ACM Nonres Infiltration Weekday 0 0 517 ShHr517 Fraction 1 ACM Nonres Infiltration Saturday 0 1 518 ShHr518 Fraction 1 ACM Nonres Infiltration Sunday 1 1 519 ShHr519 Fraction 0 ACM Nonres People Weekday 0.65 0.65 520 ShHr520 Fraction 0 ACM Nonres People Saturday 0.15 0.15 521 ShHr521 Fraction 0 ACM Nonres People Sunday 0.05 0.05 522 ShHr522 Fraction 0 ACM Nonres Hot Water Weekday 0.5 0.5 523 ShHr523 Fraction 0 ACM Nonres Hot Water Saturday 0.2 0.2 0.15 0.15 0.25 0.25 0.15 0.15 0.15 0.15 0.2 0.2 0.15 0.15 OFF OFF ON ON ON ON OFF OFF ON ON OFF OFF OFF OFF OFF OFF OFF OFF 1 1 0 0 0 0 1 1 0 0 1 1 1 1 1 1 1 1 0 0 0.65 0.65 0.4 0.25 0 0 0.15 0.15 0.05 0.05 0 0 0.05 0.05 0.05 0.05 0 0 0.5 0.7 0.5 0.5 0 0 0.2 0.2 0.1 0.1 0.15 0.25 0.15 0.15 0.2 0.15 OFF ON ON OFF ON OFF OFF OFF OFF 1 0 0 1 0 0.15 0.15 0.25 0.25 0.15 0.15 0.15 0.15 0.2 0.2 0.15 0.15 OFF ON ON ON OFF OFF OFF ON ON ON OFF OFF OFF OFF OFF OFF OFF OFF 1 0 0 0 1 1 1 0 O 0 1 1 1 0 0.05 0.1 0.6 0.6 0.65 0.1 0 0.15 0.05 0 •O.5": • •0.05 •• .e .•. 0.9 •0.1.• •0 • • • 0.2; • 0.1 0.05 0.05 O 0 0.15 0.15 O 0 0 0 : cCoV.: a.a5" .a.••.p E)!1 • • v.i.• 0.9 0.5 • .o. . D... 2 • . • ••• . 0 0 0.15 0.2 0.2 0.2 0.15 0.15 0.15 0.2 0.2 0.2 0.15 0.15 ON ON ON ON OFF OFF ON ON ON OFF OFF OFF OFF OFF OFF OFF OFF OFF 0 0 0 0 1 1 0 0 0 1 1 1 1 1 1 1 1 1 0.25 0.65 0.65 0.65 0.05 0 0.05 0.15 0.15 0.15 O 0 0 0.05 0.05 0.05 O 0 0.5 0.5 0.5 0.7 0.1 0.1 0.1 0.2 0.2 0.2 O 0 8/3/2017 .•• . • . • •.• • • EnerjyGauge Sum•nit® v420 • • • • . • • • • • • • • • • • • • • • • • •• •• • • • •• •• ••• • • • • • • • • 14 • 524 ShHr524 Fraction 0 0 0 0 0 0 0 0.1 ACM Nonres Hot Water Sunday 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0 0 0 0 8/3/2017 6. .•. . . . . . .. • • • • • • • • • •• ••• •. • • • •• • ••• • ••. • • • • • • • • • • • • • • • • f • • • • • •• • • • • a • • • • f • • • • • ••• • ••• • • • Energy wige Sy mini v 10• • •• •• ••• • • • • • • . . • .• •• • • • •• •• ••• • • • ••• • • 15 4 Air System Sizing Summary for AC#6 Project Name: 12-0720 PRIMAL FIT EXPANSION SHORES Prepared by: ARPE Engineering, Inc. 08/02/2017 04:35PM Air System Information Air System Name. AC#6 Air System Type- Single Zone CAV Sizing Calculation Information Calculation Months- Aug to Aug Central Cooling Coil Sizing Data Total coil load. 4.3 Tons Total coil load. 52.2 MBH Sensible coil load. 39.7 MBH Coil airflow. 1890 CFM Sensible heat ratio. 0.762 Area per unit load. 169.1 sqft/Ton Load per unit area. 71.0 BTU/(hr-sqft) Central Heating Coil Sizing Data Max coil load. 11.0 MBH Coil airflow- 1890 CFM Load per unit area• 14.9 BTU/(hr-sqft) Supply Fan Sizing Data Actual max airflow- 1890 CFM Standard airflow. 1889 CFM Actual max airflow per unit area. 2.57 CFM/sqft Outdoor Ventilation Air Data Design airflow. 221 CFM Airflow per unit floor area. 0.30 CFM/sqft Space Sizing Data Number of zones. 1 Floor Area' 735.0 sqft Location- Miami, Florida Calculation method. Transfer Function Method Load occurs at Aug 1600 OA DB / WB• 90.7/76.9 F Entering DB / WB- 76.9/65.5 F Leaving DB / WB. 57.5/56.4 F Coil ADP• 55.3 F Bypass Factor 0.100 Resulting RH 54 Design supply temp• 58.3 F Load occurs at Des Htg Ent DB / Lvg DB. 67.4/72.8 F 4••• Fan motor BHP• • • d.Gfi,.aI-P Fan motor kW ' • • • • 1 0.4g tint Fan static. sips••• *2 sintg • • • • • Airflow per person. 04100 y 1VY3• CF•M/persdh 'sips • •• • • •• •• Space Name, "-'' Maximum Cooling Sensible MBH • Design Airflow CFM ?" Time of Peak " Load Maximum Heating Load MBH Space Floor Area sgft a tpaoe CFM/sqft • • �.••� • AHU#6 34.1 1890 Aug 1700 6.5 735.0 2.57 • ••• • • • •• • • • • • ••• • •• • • Block Load 4.15 Page 1 of 3 System Input Data Project Name: 12-0720 PRIMAL FIT EXPANSION SHORES 08/02/2017 Prepared by: ARPE Engineering, Inc. 04:36PM General Details: Air System Name. AC#6 Air System Type. Single Zone CAV Number of zones. 1 System Startup. 6 Duration of Operation: 24 Central Cooling Coil Data: Used?. YES Supply Air Temperature. 1890.0 F Coil Bypass Factor 0.100 Central Heating Coil Data: Used?. YES Supply Temperature 110.0 F Supply Fan Data: Configuration. Draw-thru Fan Performance. 1.20 in wg Ceiling Return Air Plenum Data: Return Air Via• Ducted Return Zones Included: Zone Names • . • AHU#6 • • • Thermostats Data: Cooling T-stat: Occ. 75.0 F Cooling T-stat: Unocc: 85.0 F Heating T-stat: Occ. 70.0 F Heating T-stat: Unocc' 60.0 F Safety Factors: Cooling Sensible Safety Factor 0 % Cooling Latent Safety Factor 0 Heating Safety Factor 0 % • • • • • • • • • • • • • •• •• • • • • • • • • • • •• • • • •• • • • • • • •• • • • • •• • • • • • • • •• • • • • • • • •• • • • • • • • •• • • • • • • • • • • • • ••• • • • Block Load 4.15 Page 1 of 1