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AMENDMENT NO. 1 TO LEASE AGREEMENT
This Amendment No. 1 to Lease Agreement is entered into this 22"d day of April,
2009 by and between the CITY OF MIAMI BEACH, a Florida municipal corporation,
(hereinafter referred to as "City" or "Landlord"); and LOG CABIN ENTERPRISES, INC.,
a Florida not-for-profit corporation (hereinafter referred to as "Tenant").
WITNESSETH:
WHEREAS, in 1983, the Miami Beach Activity Center, after functioning as a City
program from 1975 through 1983, incorporated as Log Cabin Enterprises, Inc. and
continued to provide a sheltered work site plant nursery for the developmentally
disabled adults being trained at the Log Cabin Training Center located adjacent to the
nursery; and
WHEREAS, the City of Miami Beach established and maintained the Log Cabin
Training Center, located at 8128 Collins Avenue, from 1975 through 2005 as a service
of the City designed to provide vocational training and support for developmentally
disabled adults; and
WHEREAS, on March 10, 2005, the City issued a Request for Proposals (RFP)
for an entity to assume the administration and management of the Log Cabin Training
Center and its various programs, resulting in The Sunrise Community Group, Inc.
selected as the first-ranked proposer; and
WHEREAS, on July 6, 2005, the City Commission approved the Lease
Agreement with The Sunrise Community Group, Inc., for the use of the 2,500 square
foot one-story building of City-owned property at 8128 Collins Avenue (the Sunrise
Lease Agreement); and
WHEREAS, on July 20, 2006, the City Commission adopted Resolution No.
2006-26268 approving a Lease Agreement between the City and Log Cabin
Enterprises, Inc. for the use of approximately 52,000 square feet in the City-owned
property at 8128 Collins Avenue (the Log Cabin Lease Agreement); and
WHEREAS, July 31, 2009, is the termination date of the Sunrise Lease
Agreement with no options for renewal, and July 31, 2009, is the current termination
date of the Log Cabin Lease Agreement, with an option for two additional three year
terms, at the sole discretion of the City Manager; and
WHEREAS, the City wishes to exercise the renewal term of the Log Cabin
Lease Agreement for a period of three years and further amend the Log Cabin Lease
Agreement to include the training center (formerly part of the Sunrise Lease Agreement,
effective August 1, 2009).
NOW THEREFORE, the City and Tenant, for and in consideration of the mutual
covenants, agreements and undertakings herein contained, do by these presents
mutually covenant and agree to amend the Lease Agreement, as follows:
Section 1, entitled "Demised Premises", on Page 1 of the Lease Agreement, shall
be shall be amended (deleted items ~str~rsl~-tf3 and inserted items
underlined) as follows:
Demised Premises:
City, in consideration of the rentals hereinafter reserved to be paid and of the
covenants, conditions and agreements to be kept and performed by the Tenant,
hereby leases, lets and demises to the Tenant, and Tenant hereby leases and
hires from the City, those certain premises hereinafter referred to as the
"Demised Premises", located in the City of Miami Beach, 8108-8140 Collins
Avenue, Miami Beach, Florida, 33141, and more fully described as follows:
Approximately 52.500 x;988 square feet of City-owned property,
located on the west side of Collins Avenue between 81St and 82"d
Streets, Miami Beach, Florida, more specifically defined as those
parcels of land known as Lots 1-6 of Block 81, Altos Del Mar No. 1,
PB 31-40,
" and, as further delineated in Exhibit 1,
attached hereto and incorporated herein.
2. Subsection 3.1, entitled "Base Rent", on Page 2 of the Lease Agreement, shall
be shall be amended (deleted items s~sa~ and inserted items
underlined) as follows:
Base Rent for the Demised Premises shall begin to accrue on August 1,
2006 (the Commencement Date).
3.1.1 Throughout the Term herein (including any renewal ferm), the
Base Rent for the Demised Premises shall be Sne~~B)
,Seven
Thousand Two Hundred ($7 200.00) Dollars per year, payable
by Tenant in twelve (12) equal monthly installments of Six
Hundred ($600.00) Dollars per month, commencing on the
Commencement Date and, thereafter, (annually) on each
anniversary of the Commencement Date.
3.1.2 Concurrent with the payment of the Base Rent, Tenant, if
deemed applicable by the City, shall also include any and all
additional sums for all applicable sales and use tax, now or
hereafter prescribed by Federal, State or local law.
3. Anew Section 3.3, entitled "Late Charges", is being added (deleted items s~
'h and inserted items underlined) as follows:
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3_3 Late Charges.
If any installment of Base Rent or Additional Rent provided for in this
Lease or anypart thereof is not paid within ten (10) days of the due date,
Tenant shall pay Landlord a late payment service charge to equal
$100 00 in addition to the payment then owing regardless of whether or
not a notice of default or termination has been given by Landlord.
4. Section 7, entitled "Use and Possession of Demised Premises", on Page 3 the
Lease Agreement, shall be amended (deleted items s#'i~sl~h and inserted
items underlined) as follows:
7. Use and Possession of Demised Premises.
7.1 a~ The Demised Premises shall be used by the Tenant as a retail /
wholesale nursery, and other ancillary retail activities, for the sole
purpose of providing an educational and sheltered work program
for developmentally disabled adults. Said Premises shall be open
for operation a minimum of five (5) days a week, with normal hours
of operation being from Monday through Sunday, 8:00 X88 A.M. to
5:00 P.M. Daily hours of operation may be extended up to 9:00
P.M., at Tenant's option. Tenant shall not otherwise modify the
days or hours of operation without the prior written approval of the
City Manager, which approval shall not be unreasonably withheld.
Nothing herein contained shall be construed to authorize hours
contrary to the laws governing such operations.
b1 The Demised Premises shall also be used by the Tenant solely as
a vocational trainir~ site for up to a maximum of thirty-five (35)
developmentally disabled adults as defined by the State of Florida
Developmental Disabilities Home and Community-Based Services
Waiver Programs as same maybe amended from time to time (the
Programs) for the provision of the following services: Adult Day
Labor (exclusive to horticultural vocational skills); and Supported
Employment and Supported Independent Living services; all as
further provided in City of Miami Beach Request for Proposals
No 12-04/05 and Tenant's proposal in response hereto
. The Tenant must remain
in good standing with any and all agencies (whether Federal. State,
County and/or City) having regulatory authority in the provision of
the Programs.
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7.2 It is understood and agreed that the Demised Premises shall be used by
the Tenant during the Term of this Agreement only for the above
purposes, and for no other purposes or uses whatsoever. Tenant will not
make or permit any use of the Demised Premises that, directly or
indirectly, is forbidden by law, ordinance or government regulation, or that
may be dangerous to life, limb or property. Tenant may not commit (nor
permit) waste on the Demised Premises, nor permit the use of the
Demised Premises for any illegal purposes, commit a nuisance on the
Demised Premises. In the event that the Tenant uses the Demised
Premises (or otherwise allows the Demised Premises to be used) for any
purposes not expressly permitted herein, or permits and/or allows any
prohibited uses as provided herein, then the City may declare this
Agreement in default pursuant to Section 18, or without notice to Tenant,
restrain such improper use by injunction or other legal action.
7.3 Tenant shall also maintain its not-for-profit status in full force and effect,
and in good standing, throughout the Term herein.
5. Section 27, entitled "Notices", on Pages 14 and 15 of the Lease Agreement shall
be deleted in its entirety and replaced with the following new Section 27 as
follows:
27. Notices.
The addresses for all notices required under this Agreement shall be as
follows, or at such other address as either party shall be in writing, notify
the other:
LANDLORD: City Manager
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
With copies to: Asset Manager
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
TENANT: Executive Director
Log Cabin Enterprises, Inc.
8128 Collins Avenue
Miami Beach, Florida 33141
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With copies to: President
Sunrise Community Inc.
9040 Sunset Drive, Suite L
Miami. Florida 331.73
All notices shall be hand delivered and a receipt requested, or by certified mail
with Return receipt requested, and shall be effective upon receipt.
6. Except as otherwise specifically amended herein, all other terms and conditions
of the Lease Agreement by and between the Landlord and Tenant shall remain in
full force and effect. In the event there is a conflict between the provisions
provided herein and the Lease Agreement, the provisions of this Amendment No.
1 to Lease Agreement shall govern.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be
signed by the respective duly authorized officers and the respective corporate seals to
be affixed this 22"d day of April , 2009.
Attest:
~l'
Robert Parcher, City Clerk
Attest:
CITY OF MIAMI BEACH, FLORIDA
Matti Herrera Bower, Mayor
CORPORATE SEAL
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LOG CABIN ENTERPRISES, INC.
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(Print Name)