HomeMy WebLinkAboutAmendment No. 3 to Lease between the Miami Beach Redevelopment Agency and Cubiche 105, LLC.Docusign Envelope 10: E61e2AB2- MI-87D7-835E-2F36A7E71 A 2C,2�9 — 360 Il
AMENDMENT NO. 3 TO LEASE
BETWEEN
THE MIAMI BEACH REDEVELOPMENT AGENCY
AND
CLIBICHE 105, LLC
This Amendment No. 3 (-Amendment-) to that certain Retail Lease Agreement, dated
December 28, 2015 (the "Lease' or 'Agreement"), by and between the Miami Beach
Redevelopment Agency ('RDA' or'Landlord"L a public body corporate and politic, with its
principal place of business at 1700 Convention Center Drive, Miami Beach, Florida 33139,
and Cubiche 105, LLC, a Florida limited liability company ("Tenant'), having its prinapal
place of business at 1555 Washington Avenue, Suite Nos. 1-3, Miami Beach, Rome
33139. is entered into this _day of _, 2026, JUN — 5 2026
RECITALS
WHEREAS, on December 26, 2015, Landlord and Tenant entered into the Lease
for the use of approximately 7,130 square feet of ground floor retail space located at 1555
Washington Avenue, Suite Nos. 1-3 (the 'Premises"). for operation as a full -service
restaurant, with an initial term of nine (9) years and 364 days, with two (2) renewal options
of five (5) years each; and
WHEREAS, on December 30, 2021, Landlord and Tenant executed Amendment
No. 1 to the Lease, granting Tenant with temporary relief by replacing Minimum Rent with
a percentage -rent structure and offering a limited abatement. while Tenant continued to
pay Operating Expenses in order to address the financial impact of the COVIO-19
pandemic; and
WHEREAS, on November 7, 2024, the parties executed Amendment No. 2, which,
among other things, modified the initial Lease term to commence on January 2, 2016 and
expire on December 31, 2025; restarted Operating Expense adjustments beginning in
2024, and set the rent terms for the balance of the Initial Lease Tenn and renewal periods,
including Minimum Rent escalation and percentage rent thresholds; and
WHEREAS, the parties have agreed to renew the Lease, for the period
commencing January 1, 2026 and expiring on December 31, 2029 ('Renewal Option');
and
WHEREAS, On December 17, 2025, the Chairman and Members of the RDA
adopted Resolution No. 719.2025, authorizing the Executive Director to negotiate and
execute Amendment No. 3 to the Lease, adjusting Tenant's rent to Percentage Rentequal
to ten percent (10%) of Gross Sales, plus payment of Operating Expenses, and removing
any additional renewal periods under the Lease; and
WHEREAS, On December 17, 2025, the Mayor and City Commission of the City
of Miami Beach, Florda adopted Resolution No. 2025-34043, approving entertainment as
an additional use under the Lease pursuant to Sections 7.2.162A.2, 7.2.16.3.H and
7.5.6 4.A.5 of the Land Development Regulations, subject to Tenant complying with the
conditions set forth in the Resolution.
Do sign Envelope 10: EB102AB2-8081-8707-835E-2F36A7E74A
NOW, THEREFORE, in consideration of the muWel covenants herein contained
and other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, Landlord and Tenant agree as follows:
1. ABOVE RECITALS.
The above meilals are We and correct and am incorporated as pan of this
Amendment
2. MODIFICATIONS
The Agreement is hereby amended (deleted items sbusk-Vuough and inserted items
underlined) as follows.
A Effective January 1, 2026. the references to 'Renewal Options', 'First Renewal
Option' and oSecond Renewal Opion', as set forth in Sedan 14 of the Lease Summary,
are hereby deleted in their entirety and replaced with the following.
'Renewal Option` Following the Lease Expiation Dale of the T l Lgilits Teml Landlord
Me Tendrg4ree to renew the Lase foral o/four(41 Lease Ycommencing on
January 1 gum and expiring on Decembe 31 2029 The Minimum Rent payments Oure
during the Renewal Option tens Is hereby mplaog with the Percentage Rent payment
structure set forth in Section 2 3 1(c)
B. Effective January 1, 2026, Subsection 2.3.1(c) is hereby deleted in its entirety and
replaced with the following:
(c) For the Renewal Oo(ion term (January 1 2026 — December 31 2029)
Tenant shall pay Percenlia a Rent eoual to ten percent (10%) of Gross Sales for each
month Plus uPenVInQJ;.x2enM2. as more oarriafa Iv described in Section 2 4
C. Effective January 1, 2026. Subsection 2.3.1(d) is hereby deleted in its entirely.
D, Unless Landlord and Tenant have negotiated and executed a new lease
agreement for use or the Premises prior to the expiration date of the Renewal Option, at
11:59 p.m. on December 31. 2D29, Tenant agrees to vacate the Premises prior to said
expiration dale in accordance with the terms of the Lease. Nothing herein obligates either
Party to accept terms not mutually agreed upon in writing. Unless otherwise agreed by
Landlord in writing. Tenant will have no right to hold over beyond December 31, 2029.
Upon expiration of the Renewal Option, in the event that Tenant holds over, the calculation
for double Minimum Rent obligations under Section 14.2 shall be based upon the initial
monthly Minimum Rent payment of $33.273.33 plus 3% annual escalations since the
Lease Commencement Date of January 2, 2016.
E Section 13 (Permitted Use of Premises (Section 3,1) of the Lease Summary shag
include the addition of the following:
The use of the Premises shall include entertainment use for Iha ii of the Premises
as more particularly descr hed in Section 3 1 or me Lease
s
Dowsign Envelope ID: EB102AB2-8D81-87D7-835E-2F38A7E74A A
F Section 3.1 is hereby amended to include the following now subsection (e):
(a) Supper Club stNg Entertainment The Ise of he Pram s shali in to
supper dub-slvle entertainment within the Interior of the Preml es osisling_of
backpround/ambent amotfed mush and oc zonal live oambient
voWmeleWL which does not lnledefevnth normal conversatan and subject to complain
with the followmp reauoements-
I The entertainment use Shall be limited to the indoor areas of the Premises at
au times
2. Tenant shall take all necessary steps 10 ensure that all sound Produced by or
as fated with the entedainmenf use remains fully confined to the inledo
area; of the Prem see and is not audible from the exterior of the Premises,
including but not 4mYed to using volume consols and sound management to
mmimrze sound spillover, and a wring all window and doors remain dosed
at all times when the enleda amens uff2ed'
3. Tenant will operate the Promises during all hours of operation, exclusively as
a restaurant imeparind and servino food with a full kitchen, and at no time will
ignant operate the P emises as a stand-alone baand
4. Tenant will maintain aooroodale sIaLring and security for orderly ingress and
42ess host -managed entry along Washington Avenue and ma nlenance of
adjacent areas.
5. RATIFICATION.
Except as amended herein, all other terms and condibons of the Lease remain unchanged
and in full force and effect
THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.
Docusign Envebpo ID: EB102AB2-8D81-BTD14135E.2F38A7E74A2A
IN WITNESS WHEREOF, the panies hereto have caused this Amendment to be
executed by their appropriate officials, as of the date first entered above.
FOR LANDLORD:
ATTEST:
By. �fv+j At,�, GYAln.a.p4
C'' f 6Eq"'w R--af--aeI11E��Granatlo, Secrete
st1
'+ 'q•31.`X::v?? 82028 11:35 AM EDT
Eli
Date
FOR TENANT:
ATTES :
By:
1ar� "lu4�r
Print Name
Dat
0�1 IA 1 Up
— e � ,
—
THE MIAMI BEACH
REDEVELOPMENT AGENCY
Er c T. Carpenter ,
Executive Durectitir
CUBICHE 105, LLC
Fires nt
`Co.1-a+ Sk x.m�
Print Name
APPROVED AS TO
FORM & LANGUAGE
/� & FOR EXECUTION
A/---
C,MAnomey / — is
Granado, Rafael
From:
Docusign - CMB <CMB@Docusign.miamibeachfl.gov>
Sent:
Friday, June 5, 2026 11:36 AM
To:
Granado, Rafael
Subject:
Completed: Complete with Docusign: Cubiche 105 Amendment No. 3.pdf
Attachments:
Cubiche 105 Amendment No. 3.pdf
MIAMI BEACH
Kevin Sanchez
KevinSanchez@miamibeachfl.gov
All parties have completed Complete with Docusign: Cubiche 105 Amendment No.
3.pdf.
Amendment No. 3 was passed at the December 17, 2025, Commission meeting
Pursuant to Resolution No. 205-34043.
Powered by 0 docusign
Do Not Share This Email
This email contains a secure link to Docusign. Please do not share this email, link, or access code
with others.
Alternate Signing Method
Visit Docusign.com, click'Access Documents', and enter the security code:
D47522408A558B4883ECAA8A7123E1373
Copyright B 2026 Docusign, Inc. All rights reserved. 221 Main Street, Suite 1550 San Francisco, CA
94105
This message was sent to you by Kevin Sanchez who is using the Docusign Electronic Signature
Service. If you would rather not receive email from this sender you may contact the sender with your
request.
Contact Us Terms of Use Privacy Support Report Email
Download the Docusion Apo