Amendment to Lease
/Z-/D-03
2003 - 254Ld)(o
AMENDMENT TO
THE SECOND AMENDED AND RESTATED ICONSOLlDATED LEASE
BETWEEN THE CITY OF MIAMI BEACH
AND
MIAMI BEACH WATERS PORTS CENTER, INC.
This amendment to the Second Amended and Restated/Consolidated Lease Agreement,
dated July 10, 2002, by and between the City of Miami Beach, ("Lessor"), and Miami Beach
Watersports Center, Inc. ("Lessee"), for the property located at 6500 Indian Creek Drive, Miami
Beach, Florida (Property), is entered into this 10th day of December, 2003.
WITNESSETH
WHEREAS, on December 14,1988, the Lessor and the Miami Beach Jewish Community
Center (JCC) entered into a Lease Agreement for the JCC's use of the City-owned property, with
parking lot facilities, located at 6500 Indian Creek Drive for the development of a rowing facility, at
the JCC's sole cost and expense; and
WHEREAS, an Assignment of the Lease was approved by the Mayor and City Commission
on April 17, 1996, (via Resolution No. 96-21955), assigning all interest in the Lease from the JCC to
the Lessee. The current Lease, as amended and restated, has a term of thirty (30) years (including
the only ten (10) year option which was has been exercised), terminating on May 21, 2021; and
WHEREAS, in accordance with the Second Amended and Restated/Consolidated Lease
Agreement, the Lessee has endeavored to construct capital improvements, including a dry dock
facility to house its rowing sculls (Parcel "B"), as well as the addition of a second story to the existing
rowing facility building (Parcel "A") to be used primarily as meeting and conference space; and
WHEREAS, construction on the dry dock facilities on Parcel "B" are substantially
completed, and permits for construction of the second story on Parcel "A" are currently being
reviewed by the City of Miami Beach (City) Building Department; and
WHEREAS, the deadline for Lessee to obtain a building permit on Parcel "An was
November 28, 2003, but due to certain unanticipated delays encountered during the permitting
process, mainly due to Lessee's appeal to the Miami-Dade County Fire Prevention and Safety
Appeals Board, as a result of a City Fire Department requirement of an additional means of egress
(beyond the 2 stairwells originally proposed), said deadline was not met; and
WHEREAS, Lessee's appeal was ultimately denied, but subsequently a settlement was
reached with the Fire Department on widening the two originally proposed stairwells, an alternative
that had not previously been considered, and the plans have since been amended and are in the
final review and approval stage; and
WHEREAS, Lessee requested an extension of said permitting deadline for Parcel "A"; and
WHEREAS, the Lessor and Lessee concur that a three (3) month extension, until
February 28, 2004, would provide adequate time for Lessee to address any outstanding permitting
issues.
NOW, THEREFORE, the Lessor and Lessee have agreed to enter into this Amendment to
the Second Amended and Restated/Consolidated Lease Agreement, and amend said Lease as
follows (underlined language is added, struck-through language is deleted):
Page 1
15.6 CONDITIONS PRECEDENT TO LESSEE'S COMMENCEMENT OF CONSTRUCTION OF
THE PROPOSED IMPROVEMENTS.
Lessee shall not commence construction of the Proposed Improvements, or any portion
thereof, unless and until Lessor shall have approved the Plans and Specifications, as
provided in this Lease. Lessee shall obtain a final building permit for the Proposed
Improvements as follows:
(a) For improvements to Parcel "8" (dry dock facility) -- on or before August 30, 2002,
but in any event, no later than November 29, 2002.
(b) For improvements to Parcel "A" (second story) -- on or before May 31, 2003, but in
any event, no later than Novembor 28, 200:3 February 28, 2004.
Failure to do so shall constitute a Default under this Lease. Lessor's remedy for this Default,
and for all defaults under this Article 15 for failure to follow the time schedule under this
Article related to the Proposed Improvements, shall be limited to a reversion of the duration
of the lease term and/or a description of the Demised Premises, to those provided in the
Amended and Restated Lease Agreement, dated November 21, 1991. In such event, all
other remaining provisions of this Lease shall remain in full force and effect. Lessee shall
not commence construction of the Proposed Improvements unless and until (a) Lessee shall
have obtained and delivered to Lessor copies of all final Permits and Approvals required to
commence construction and (b) Lessee shall have delivered to Lessor original certificates of
the policies of insurance required to be carried pursuant to this Lease.
Except as otherwise specifically amended herein, all other terms and conditions of the Second
Amended and Restated/Consolidated Lease Agreement, between the Lessor and Lessee shall
remain in full force and effect. In the event there is a conflict between the provisions provided herein
and the Second Amended and Restated/Consolidated Lease Agreement, the provisions of this First
Amendment shall govern.
IN WITNESS WHEREOF, the parties hereto have caused this First Amendment to the
Second Amended and Restated/Consolidated Lease Agreement to be executed by their duly
authorized officials on the day first above indicated.
I BEACH, FLORIDA
ATTEST~ fcu.~
CITY CLERK
MAYOR
MIAMI BEACH WATERS PORTS CENTER, INC.
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Witnesses: L
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APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
~~~
City Att Y
/0/Q?
Date
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