HomeMy WebLinkAboutAmendment No. 1 to the Agreement with Miami Beach Watersports Center, Inc.13 m5ign Envelope 16 C33B135C 7ED2-BBBA-93F7-FEB4EOOF7659 2G a 1 _
AMENDMENT NO. 1 TO LEASE
BETWEEN
THE CITY OF MIAMI BEACH, FLORIDA
AND
MIAMI BEACH WATERSPORTS CENTER, INC.
This Amendment No. i (Amendment) to the Lease dated March 16, 2021 (the "Lease*),
by and between the City of Miami Beach, Florida, a municipal corporation organized and
existing under the laws of the State of Florida (the 'City), having its principal place of
business at 1700 Convention Center Drive, Miami Beach, Florida 33139, and Miami Beach
Watemports Center, Inc., a Flodda not -for -profit corporation (the 'Lasses"), having its
pdncii at place of business at 6500 Indian Creek Drive, is entered into this (� day of
1vN1 202y.
RECITALS
WHEREAS, on January 13, 2021, the Mayor and City Commission adopted
Resolution No. 2021-31557, approving a lease agreement (the "Lease") for use of the
properly located at 6500 Indian Creek Drive (the "Demised Premises") as a rowing center,
operated under the name of the Ronald W. Shane Center (the"Facility"), fora term of nine
(9) years and three hundred sixty-four (364) days; and
WHEREAS, the City and Lessee executed the Lease on March 16, 2021; and
WHEREAS, as part of the City's Capital Improvement Project for the seawall at the
Demised Premises, the City's Capital Improvement Projects Department has been
coordinating with the Florida Department of Environmental Protection (FDEP) to obtain all
required permits, and the FDEP has requested that certain Public Benefits be incorporated
into the seawall project; and
WHEREAS, Lessee, in consideration for the seawall project which will benefit the
Lessee's operations at the Demised Premises, has agreed to provide these public
benefits, and as such, the City and Lessee wish to amend the Lease to memorialize the
public benefits to be offered at the Demised Premises, as more particularly set forth herein.
NOW THEREFORE, in consideration of the mutual promises and conditions
contained herein, and other good and valuable consideration, the sufficiency of which is
hereby acknowledged, the City and Lessee hereby agree to amend the Lease as follows:
1. ABOVE RECITALS.
The above recitals are true and correct and are incorporated as part of this
Amendment.
2. MODIFICATIONS.
The Lease is hereby amended to include the following new Section 4.1.4:
4.1.4 Public Benefits.
(a) In support of the public interest portion of the Florida Department of
Environmental Protection (FDEP) Environmental Resource Permit (ERP)
Application (No. 13-330131-001-EI) for the installation of the seawall at the
Domsign Envelope ID'. C331E!135C-7ED2-869A-03H7 ENE60F7659
Demised Premises, the Lessee hereby agrees to provide the following public
benefits ('Public Benefit Program"), intended to benefit Biscayne Bay Aquatic
Preserve and the public. The below Public Benefit Program services shall be
provided at the Demised Premises through Lessee's existing partnerships,
subject to space availability, staffing resources and accessibility:
(1) Lessee will partner with an Associate Professor from Florida International
University to use the Demised Premises as a venue for future education
and outreach events focused on coastal ecosystems and community
engagement;
(2) Lessee will partner with Surfrider Foundation, Inc. as a venue for education
programs focused on pollution and community awareness. Lessee has a
long-standing partnership with Biscayne Bay Waterkeeper, Inc. for use of
the Demised Premises as a water quality testing site and will use this
partnership to support the Surfrider Foundation's Blue Water Task Force;
and
(3) Lessee will partner with Biscayne Bay Waterkeeper, Inc. for youth
education and volunteer opportunities, including community service and
conservation events at the Demised Premises, which will include providing
classroom space for presentations and experiments.
(b) The City and Lessee agree and commit to provide the Public Benefit Program
described above, with the following conditions:
(1) In the future, Lessee and the City may update the Public Benefit Program
approach, as needed, based upon available partnership opportunities and
Lessee's staffing resources and accessibility. Additionally, at the City
Manager's request, Lessee will remove and/or replace an existing partner
of the Public Benefit Program, based upon available partnership
opportunities and subject to Lessee's staffing resources and accessibility;
and
(2) Proposed changes to the Public Benefit Program shall also be coordinated
with the FDEP for approval.
(c) Raoortina. On or before March 1-of each succeeding calendar year, Lessee
shall provide the City with a report setting forth the Public Benefit Program
services provided at the Demised Premises during the prior calendar year. The
report will include a description of the Public Benefit Program services
provided; the partner which provided the Public Benefit Program services; the
date in which the Public Benefit Program was provided and the number of
participants served. Upon the City's request, Lessee will provide any
supporting documentation reasonably related to the Public Benefit Program
services provided,
3. RATIFICATION.
Except as amended herein, all other terms and conditions of the Lease shall
remain unchanged and in full force and effect. In the event there is a conflict
between the provisions of this Amendment and the Lease, the provisions of this
Amendment shall govern.
THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.
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IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be
executed by their appropriate officials, as of the date first entered above.
FOR CITY:
ATTEST:
By:FAfA41�_-�'
aN��6w+ado, Ciry Clerk
6/29/2026 1 4:27 PM EDT
Date
FOR LESSEE:
i
13
Print Name
0
Dat
CITY OF MIAMI BEACH, FLORIDA
Eric T. Carpets r, City Manager
MIAMI BEACH WATERSPORTS
CENTER, INC.
ProsiMrrt
Print Name
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
F. ATTOaORG IGISELA\FCRMSIAMENDMENTSIAMENDMENTTEMPLATE