2009-27119 ResoRESOLUTION NO. 2009-27119
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, APPROVING A SIXTH
AMENDMENT TO THAT CERTAIN AMENDED AND
RESTATED/CONSOLIDATED LEASE AGREEMENT BY AND
BETWEEN THE CITY OF MIAMI BEACH AND THE MIAMI BEACH
JEWISH COMMUNITY CENTER, INC. (JCC), FOR A PARCEL OF
LAND AND FACILITIES LOCATED AT 4221 - 4229 PINE TREE
DRIVE, MIAMI BEACH, FLORIDA, AMENDING THE AGREEMENT
TO EXTEND THE TIME PERIOD FOR THE JCC TO OBTAIN A
FINAL BUILDING PERMIT TO BE CONCURRENT WITH THE
DESIGN REVIEW BOARD ORDER.
WHEREAS, on June 3, 1981, the City first leased to the Jewish Community Centers of South
Florida, Inc. (JCCSF), City-owned property located at 4221 - 4229 Pine Tree Drive, also known as
lots 5, 6 and 7 of Flamingo Bay Subdivision, as recorded in Plat Book 6 at Page 101 of the public
records of Miami-Dade County, Florida ("Property") (Resolution 81-16678); and
WHEREAS, JCCFS's lease was amended and extended on three occasions, such that the
lease term was extended through October 31, 2015, with two additional ten-year options, and was
assigned to Miami Beach Jewish Community Center, Inc. ("JCC"), anot-for-profit corporation
(Resolutions 84-17863, 85-18280, and 88-19226); and
WHEREAS, on July 12, 2000, the Mayor and City Commission adopted Resolution No.
2000-23994 approving an Amended and Restated/Consolidated Lease Agreement ("Lease") with
the JCC for the Property, subject to referendum, which was duly held and approved, which included
provisions in Lease Paragraphs 15.4 and 15.5 that the JCC present Preliminary Plans and
Specifications to the City, and make application to the City's Design Review Board ("DRB") for
review and approval of same, no later than "three years from the Commencement Date" of the
Lease, which was November 8, 2003; and
WHEREAS, the City and JCC entered into a First Amendment to the Amended and
Restated/Consolidated Lease (Resolution 2003-25363) on October 15, 2003, extending certain
dates as provided for therein; and
WHEREAS, the City and JCC entered into a Second Amendment to the Amended and
Restated/Consolidated Lease (Resolution 2004-25720) on October 13, 2004, extending the time
periods for the JCC to apply to the City's Design Review Board, submit plans for the construction of
the proposed improvements to the Property, to obtain building permits and to complete construction
of the proposed improvements, and amending other provisions of the Agreement as were
appropriate under the circumstances; and
WHEREAS, the City and JCC entered into a Third Amendment to the Amended and
Restated/Consolidated Lease (Resolution 2006-26222) on June 7, 2006, extending the time periods
for the JCC to submit plans for the construction of the proposed improvements to the Property;
obtain a final building permit for; and such other changes as may be approved by the City
Commission subject to final review and approval by the City Manager and City Attorney; and
WHEREAS, the City and JCC entered into a Fourth Amendment to the Amended and
Restated/Consolidated Lease (Resolution 2007-26449) on February 14, 2007, extending the time
period for the JCC to obtain a final building permit for the proposed improvements; and
WHEREAS, the City and JCC entered into a Fifth Amendment to the Amended and
Restated/Consolidated Lease (Resolution 2007-26666) on October 17, 2007, extending the time
period for the JCC to obtain a final building permit for the proposed improvements and extending the
time period to commence construction; and
WHEREAS, the construction plans with the redesign of the internal layout of the buildings
have been submitted to the City Manager and the building permit application has been made to the
City; and
WHEREAS, while the JCC had secured Design Review Board approval for its proposed
improvements; said approval was extended by Design Review Order on February 3, 2009 for a one
year period until June 4, 2010 at which time said Order requires a full building permit be obtained;
and
WHEREAS, the JCC has not as yet secured approval for an Environmental Resource
Permit from the Miami-Dade County Department of Environmental Resources Management which
has delayed the JCC's permitting efforts; and
WHEREAS, the JCC has proposed a modification to Paragraph 15.8, of the Amended and
Restated/Consolidated Lease Agreement, to address the above circumstance by extending a
certain deadline in the Lease; and
WHEREAS, the City Administration recommends that the Mayor and City Commission
approve the proposed amendment to the Amended and Restated/Consolidated Lease Agreement
with the requirement that the obligation to obtain a building permit be concurrent with the Design
Review Board Order.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission approve a Sixth
Amendment to that certain Amended and Restated/Consolidated Lease Agreement by and between
the City of Miami Beach and the Miami Beach Jewish Community Center, Inc. (JCC), for a parcel of
land and facilities located at 4221 - 4229 Pine Tree Drive, Miami Beach, Florida, amending the
Agreement to extend the time period for the JCC to obtain a final building permit to be concurrent
with the Design Review Board Order.
PASSED and ADOPTED this 15th day of July, 2009.
ATTEST:
Robert Parcher, CITY CLERK
atti Herrera Bower, MAYOR
APPROVED AS TO
FO & LANGU E
& FOR XEC
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JMG\HMFWP\ACV\
T:WGENDA\2009Uu1y 15\Consent\JCC6th Amendment reso rev 07082009.doc
COMMISSION ITEM SUMMARY
Condensed Title:
Resolution approving a sixth amendment to the Second Amended and Restated/Consolidated
Lease Agreement between the City and the Miami Beach Jewish Community Center, Inc. (JCC).
rye mtenaea ~uicvme au vRea:
To ensure well-maintained facilities.
Supporting Data (Surveys, Environmental Scan, etc.):
Parks and Recreation appeared as one of the most important areas affecting resident's quality of
life. Of the 79% of residents and 82% of businesses rated the overall quality of the recreational
programs and facilities as excellent or good and 58% of residents stated that they go to recreational
facilities a couple of times a month or more. More recreational opportunities appeared as one of the
changes residents would make to make Miami Beach a better lace to live, work, and la .
Issue•
Should the Ma or and the Ci Commission a rove the sixth amendment to the lease?
Item Summary/Recommendation:
The City and the JCC are proposing a Sixth Amendment to that Second Amended and
Restated/Consolidated Lease Agreement for the Demised Premises located at 4221 -4229 Pine
Tree Drive to extend the time period to obtain a final building permit for the proposed $2 million
improvements, to be concurrent with the date established by the February 3, 2009, DRB Order for
the JCC. The Lease Agreement with the JCC terminates in 2099.
City Staff recommends that the extension to obtain a building permit be changed to be concurrent
with the Design Review Board Order citing a due date of June 4, 2010.
The Administration recommends that the Mayor and City Commission adopt the Resolution
approving the sixth amendment to the lease agreement.
Board Recommendation:
Financial Information:
Source of Amount Account
Funds: 1 n/a
2
3
OBPI Total
Financial Impact Summary:
Ci Clerk's Office Le islative Trackin
Ana Cecilia Velasco, Asset Manager x 6727
Sign-Offs:
Department Director Assis City Manager City Manager
AP HMF JMG
T:WGENDA\2009Uu1y 15\Consent\JCC6thAmendment.SlJM.doc V (__„J
(,~ AGENDA ITEM ~ 7~
~ ~ ~I ~ ~ n DATE ~'~S'D
m MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeochfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the City Commission
FROM: Jorge M. Gonzalez, City Manager
DATE: July 15, 2009
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING A SIXTH AMENDMENT TO THAT
CERTAIN AMENDED AND RESTATEDICONSOLIDATED LEASE AGREEMENT
BY AND BETWEEN THE CITY OF MIAMI BEACH AND THE MIAMI BEACH
JEWISH COMMUNITY CENTER, INC. (JCC), FOR A PARCEL OF LAND AND
FACILITIES LOCATED AT 4221 - 4229 PINE TREE DRIVE, MIAMI BEACH,
FLORIDA, AMENDING THE AGREEMENT TO EXTEND THE TIME PERIOD FOR
THE JCC TO OBTAIN A FINAL BUILDING PERMIT TO BE CONCURRENT WITH
THE DESIGN REVIEW BOARD ORDER.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
KEY INTENDED OUTCOMES SUPPORTED
Increase access to recreational programs.
BACKGROUND
On June 3, 1981, the City first leased to the Jewish Community Centers of South Florida, Inc.,
City property at 4221 Pine Tree Drive, also known as lots 5, 6 and 7 of Flamingo Bay
Subdivision, as recorded in Plat Book 6 at Page 101 of the public records of Miami-Dade
County, Florida. (Resolution 81-16678). The purpose of the lease was to allow JCC to use the
Premises as a recreation center. The original Lease was amended and extended on three
occasions, such that the lease term extended through to October 31, 2015, with two additional
ten-year options, and was assigned to Miami Beach Jewish Community Center, Inc. (JCC), a
not-for-profit corporation (Resolutions 84-17863, 85-18280, and 88-19226). On July 12, 2000,
the Mayor and City Commission adopted Resolution No. 2000-23994 approving an Amended
and Restated/Consolidated Lease Agreement, subject to referendum (subsequently approved
by a majority of voters residing in voting precincts located within one mile of the property at a
November 7, 2000 in a Special Election under Miami-Dade County Charter §6.02), which
incorporated the following:
1. Term was extended for 99 years, to 2099.
2. Permitted uses would include recreational, cultural, educational, social service and minor
and incidental religious uses.
3. Provided for payment of fair market value and appraisal methodology for the area to be
used for religious services and use fees for expanded religious uses limited to a
maximum of 10 holidays per year.
4. Set forth construction parameters, specifically addressing review requirements (including
Design Review Board review and approval), construction commencement and completion
deadlines, and required a minimum initial investment of $2 million in improvements for
Commission Memorandum -lCCSixth Amendment
July IS, 2009
Page 2 of 3
which a building permit must be issued within five (5) years from the commencement of
the Amended and Restated/Consolidated Lease, subject to reasonable extensions.
5. Construction which was previously restricted to two (2) lots would be permitted on all
three (3) lots, in accordance with the concept plan.
6. In the event the required referendum failed, the Lease would revert to the previously
existing lease term.
7. JCC agreed to indemnify, defend and hold the City harmless in the event of challenges to
the Lease and referendum.
8. By separate agreement, the JCC agreed to hold harmless, indemnify and defend the City
from challenges related to the Lease and referendum, from the time of the adoption of the
subject resolutions, and reimburse the City for all costs associated with the referendum.
The referendum appeared on the November 7, 2000 ballot, and was approved by the
respective voters.
On October 15, 2003, the Mayor and City Commission adopted Resolution No. 2003-25363,
extending the previously existing deadline to apply to the DRB and submit plans for the design
of the proposed improvements to the property to the DRB, from November 8, 2003 to
November 8, 2004, in order to allow the JCC sufficient time to secure the necessary financial
backing to ensure that the proffered plan may be fully developed. The City and JCC
subsequently entered into a Second Amendment to the Amended and Restated/Consolidated
Lease (Resolution 2004-25720) on October 13, 2004, extending the time periods for the JCC
to apply to the DRB May 5, 2005, to submit plans for the construction of the proposed
improvements to the Property within twelve months of DRB approval (to be extended by third
party appeals only), to obtain building permits within six years from commencement date or
November 8, 2006, and to complete construction of the proposed improvements by November
8, 2008, as well as amending other provisions of the Agreement as were appropriate.
The City and the JCC entered into a Third Amendment to the Amended and
Restated/Consolidated Lease (Resolution 2004-25720) on June 7, 2006, extending the time
periods for the JCC to secure Design Review Board approval for its new design. Changes to
the internal layout and program of the proposed buildings delayed the completion of the
construction drawings. However, the redesign of the internal layout of the buildings made it
impossible for the JCC to comply with the Lease's deadlines related to the submittal of
construction plans to the City Manager and the obtaining of a final building permit. While the
JCC had secured Design Review Board approval for its new design, submitted construction
plans with the redesign of the internal layout of the buildings to the City Manager and a
building permit application had been made to the City, the JCC had not secured approval or an
Environmental Resource Permit from the Miami-Dade County Department of Environmental
Resources Management, which delayed the JCC's permitting efforts. The JCC proposed a
modification to Paragraph 15.8 of the Second Amended and Restated/Consolidated Lease
Agreement extending the deadline to obtain a full building permit. The City and the JCC
entered into a Fourth Amendment to the Amended and Restated/Consolidated Lease
(Resolution 2007-26449) on February 14, 2007.
The construction plans with the redesign of the internal layout of the buildings had been
submitted to the City Manager and the building permit application was made to the City.
Although the JCC had secured Design Review Board approval for its proposed improvements;
said approval was scheduled to expire in December 2007. At that time the JCC had not as yet
secured approval or an Environmental Resource Permit from the Miami-Dade County
Department of Environmental Resources Management, which delayed the JCC's permitting
efforts. The JCC proposed an additional modification to Paragraph 15.8 of the Second
Amended and Restated/Consolidated Lease Agreement extending the deadline to obtain a full
building permit to be concurrent with the DRB Order, or June 21, 2009, whichever occurred
Commission Memorandum - JCC Sixth Amendment
July I5, 2009
Page 3 of 3
earlier. This amendment was approved on October 17, 2007 (Resolution 2007-26666).
PROPOSED SIXTH AMENDMENT TO THE AMENDED AND RESTATED/CONSOLIDATED
LEASE:
The building permit application is still active with the City, and the JCC has recently met with
the Department of Planning regarding the plans for construction. The JCC is actively seeking
approval of an Environmental Resource Permit from the Miami-Dade County Department of
Environmental Resources Management for the repair of the seawall. The Department of Public
Works has reviewed and approved the portion of the plans for the seawall repair. Although the
JCC has secured Design Review Board approval for its proposed improvements, that approval
was scheduled to expire in December 2007. However, at its February 3, 2009 meeting, the
Design Review Board issued an Order which provided for a one year extension of time to
obtain a full building permit from the original expiration date of June 4, 2009 until June 4, 2010,
attached herein as Attachment "A". This amendment will preserve the development rights of
the JCC and tie the requirement to obtain a full building permit to be concurrent with the DRB
Order, which cites a due date of June 4, 2010. Due to economic circumstances, the JCC has
expressed a desire to scale back the design and magnitude of the project while maintaining
the contractual requirement to expend a minimum of two million dollars for the improvement.
However, no formal request to the City has been made at this time.
CONCLUSION
The City Administration recommends that the Mayor and City Commission approve the
proposed Sixth Amendment to the Amended and Restated/Consolidated Lease Agreement by
and between the City of Miami Beach and the Miami Beach Jewish Community Center, Inc.
(JCC), for a parcel of land and facilities located at 4221 - 4229 Pine Tree Drive, Miami Beach,
Florida, amending the Agreement to extend the time period for the JCC to obtain a final
building permit for the proposed improvements to be concurrent with the DRB Order, or June
4, 2010.
JMG/HMF/AP/ACV
Attachment (1)
T:\AGENDA12009Uu1y 15\Consent\JCC6thAmendment.MEM.doc
ATTACHMENT A
DE51GN REVIEW BOARD
City of Miami Beach, Florida
MEETING DATE: February 3, 2009
FILE NO: 21270
PROPERTY: 4221-4229 Pinetree Drive -Jewish Community Center
IN RE: The Application for a one (1}year Extension of Time to obtain a Full Building
Permit for a previously issued Design Review Approval for the construction of
anew 3-story educational, cultural and recreational facility.
ORDER
The applicant, Miami Beach Jewish Community Center, filed a request with the Ciry of Miami Beach
Planning Department for an extension of time to obtain a Building Permit for a previously issued
Design Review Approval,
The City of Miami Beach's Design Review Board makes the following F{NDING OF FACT, based
upon the evidence, information, testimony and materials presented at the public hearing and which
are part of the record for this matter:
The applicant submitted infiormation establishing, among other things, that additional
time is required due to delays encountered in the financing of the project. The
foregoing constitutes good cause for granting a one (1) year extension of time to the
requirement that a Full Building Permit be obtained within eighteen (18) months of
the original Design Review Approval.
IT IS HEREBY ORDERED, based upon the foregoing finding of fact and the staff report and
analysis, which is adopted herein, including the recommendation, that a one (1) year extension of
time to obtain a full building permit (which one [1] year period shall run from the expiration date of
the original approval, which is .lone 4, 2009) is granted for the above-referenced project conditioned
upon the following, to which the applicant has agreed:
A full building permit, not a foundation or shell permit, for the project shall be obtained by
June 4, 2010.
2 Construction shall commence and continue in accordance with the applicable Building Code
The Final Order is not severable, and if any provision or condition hereof is held void or
unconstitutional in a final decision by a court of competent jurisdiction, the order shall be
returned to the Board for reconsideration as to whether the order meets the criteria for
°~(~t
Page 2 of 2
DRB File: 21270
Meeting Date. February 3, 2009
approval absent the stricken provision or condition, and/or it is appropriate to modify the
remaining conditions or impose new conditions..
No building permit maybe issued unless and until all conditions of approval asset forth in this Order
and the Order for the December 4, 2007 approval have been met. The issuance of Design Review
Approval does not relieve the applicant from obtaining all other required Municipal, County and/or
State reviews and permits, including zoning approval. If adequate handicapped access is not
provided, this approval does not mean that such handicapped access is not required or that the
Board supports an applicant's effort to seek waivers relating to handicapped accessibili#y
requirements.
When requesting a building permit three (3) sets of the plans approved by the Board, modified in
accordance with the conditions set forth in this Order and the Final Order for the August 7, 2007
meeting shall be submitted to the Planning Department. If all of the above-specified conditions are
satisfactorily addressed, the plans will be reviewed for building permit approval. Two {2) sets will be
returned to you for submission for a building permit and one (1) set will be retained for the Design
Review Board's file. If the Fu11 Building Permit is not issued by June 4, 2010, and construction does
not commence and continue in accordance with the applicable Building Code, the approval wil{
expire and bec2ome null and void ~r ~j {~
Dated this V day of ~~V"`~'~"' , 20~-
DESIGN REVIEW BOARC~
THE CITIS', OF MIAMI BE , FLORI
BY: \-/ i - v
THOMA MOONEY, AICP
DESIGN AND PRESERVATION MANAGER
FOR THE CHAIR
Approved As To Form:
Legal Department: (2_ 3-' oZ-~~~)
Filed with the Clerk of the Design Review Board on 2 ' 3 _ ~" ~ U ~ ( ~C
F:\PLAN\~DRB\DRB091FebDRB09\21270-e.fo doc
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uv
SIXTH AMENDMENT TO AMENDED AND RESTATED/CONSOLIDATED LEASE
This Sixth Amendment to the Amended and Restated/Consolidated Lease
Agreement, dated July 12, 2000, (the "Lease"), made and entered into at Miami Beach,
Miami-Dade County, Florida, this 15th day of July, 2009 by and between:
CITY OF MIAMI BEACH,
a Florida municipal corporation
(hereinafter referred to as "Lessor")
and
MIAMI BEACH JEWISH COMMUNITY CENTER, INC.,
a Florida not-for-profit corporation
(hereinafter referred to as "Lessee")
WITNESSETH:
WHEREAS, on June 3, 1981 the City first leased to the Jewish Community
Centers of South Florida, Inc. ("JCCSF"), the City-owned property located at 4221 Pine
Tree Drive, also known as lots 5, 6 and 7 of Flamingo Bay Subdivision, as recorded in
Plat Book 6 at Page 101 of the public records of Miami-Dade County, Florida
("Property") (Resolution 81-16678); and
WHEREAS, JCCSF's lease was amended and extended on three occasions,
such that the lease term extended through October 31, 2015, with two additional ten-
year options, and was assigned to Miami Beach Jewish Community Center, Inc.
("JCC"), anot-for-profit corporation (Resolutions 84-17863, 85-18280, and 88-19226);
and
WHEREAS, on July 12, 2000, the Mayor and City Commission adopted
Resolution No. 2000-23994 approving an Amended and Restated/Consolidated Lease
Agreement ("Lease") with the JCC for the Property, subject to referendum, which was
duly held and approved, which included provisions in Lease Paragraphs 15.8 and 15.11
that set time limits for the obtaining of a final building permit and the commencement of
construction; and
WHEREAS, the City and JCC entered into a First Amendment to the Amended
and Restated/Consolidated Lease on October 15, 2003, extending certain dates as
provided for therein; and
WHEREAS, the City and JCC entered into a Second Amendment to the
Amended and Restated/Consolidated Lease on October 13, 2004, extending the
deadline for submitting the design drawings for the proposed buildings to the Design
Review Board for review and approval; and
WHEREAS, the City and JCC entered into a Third Amendment to the Amended
and Restated/Consolidated Lease on June 7, 2006, extending deadlines related to the
provision of building permit plans to the City Manager and for the approval of the
required building permit; and
WHEREAS, the City and JCC entered into a Fourth Amendment to the Amended
and Restated/Consolidated Lease on March 8, 2007, extending deadlines related to the
provision of a final building permit and the commencement of construction; and
WHEREAS, the City and JCC entered into a Fifth Amendment to the Amended
and Restated/Consolidated Lease on October 17, 2007, extending deadlines related to
the provision of a final building permit; and
WHEREAS, permitting and funding delays have made it impossible for the JCC
to comply with the Lease's deadlines related to the issuance of a final building permit for
the development plan and the commencement of construction; and
NOW THEREFORE, the Lessor and the Lessee, for and in consideration of the
mutual covenants, agreements and undertakings herein contained, and in further
consideration of the improvements herein mentioned, and to be made; do by these
presents mutually covenant and agree as follows:
1. Paragraph 15.8 is amended as follows:
15.8 Conditions Precedent to Lessee's Commencement of Construction of the
Proposed Improvements. Lessee shall obtain a final Building Permit in accordance with
its Design Review Board ("DRB") approval, for the Proposed Improvementsi-met
,~, ro +h~n t oven .,o~ra ~.,r! c iv mn.,+hc concurrent with the DRB Order, meaning that
Lessee's obligation to obtain a building permit runs with the time period allowed for the
validity of the DRB Order, currently June 4, 2010, ^ro~~~inno ,.,hinhc"cr n,.,.,.~~
~;or fr.,.,, +ho (~nmrr~or~ncmon+ n,+o and failure to do so shall constitute a Default
under this Lease. Lessee shall pursue issuance of a building permit by the City
diligently and in good faith. 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 to that last provided in the Prior Agreements, to a termination date of October 31,
2015, with two ten-year lease options by Lessee. 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, (b) Lessee shall have delivered to Lessor original certificates
of the policies of insurance required to be carried pursuant to this Lease, and (c) Lessee
shall have submitted to Lessor evidence satisfactory to the City Manager that Lessee
has sufficient funds and/or construction financing commitments to timely commence and
complete construction as provided herein.
2
2. Paragraph 15.11 is amended as follows:
15.11 Commencement and Completion of Construction of the Proposed
Improvements. Lessee shall at its expense (a) commence construction on or before
>~ one hundred twenty (120) days after all permits and approvals necessary
for the commencement of construction are issued (the "Construction Commencement
Date") and (b) thereafter continue to prosecute construction of the Proposed
Improvements with diligence and continuity to completion. "Commence Construction" or
"Commencement of Construction" means the commencement of major work (such as
pilings or foundations) for construction of the Proposed Improvements. Promptly after
Commencement of Construction, Lessee shall notify Lessor in writing of the date of
such commencement. Any and all preliminary site work (including, without limitation,
any environmental remediation and ancillary demolition) shall not be deemed to be
Commencement of Construction. If, after Lessee has commenced construction, Lessee
fails to diligently prosecute construction of the Proposed Improvements (subject to
unavoidable delays), and such failure continues (subject to unavoidable delays) for
thirty (30) consecutive days after Lessee's receipt of notice of such failure, Lessor shall,
in addition to all of its other remedies under this Lease, have the right to seek such
equitable relief (either mandatory or injunctive in nature) as may be necessary to cause
diligent and continuous prosecution of construction of the Proposed Improvements
(subject to unavoidable delays) by Lessee, it being understood that construction of the
Proposed Improvements is a material inducement to Lessor to enter into the Lease and
monetary damages shall be inadequate to compensate Lessor for harm resulting from
such failure. Notwithstanding anything to the contrary contained herein, if Lessee fails to
substantially complete construction of the Proposed Improvements by the date provided
for in this Lease, then the same shall constitute a default under this Lease.
3. Except as otherwise specifically amended herein, all other terms and conditions
of the Amended and Restated/Consolidated Lease Agreement, together with the First
Amendment to the Restated/Consolidated Lease Agreement, the Second Amendment
to the Restated/Consolidated Lease Agreement, the Third Amendment to the
Restated/Consolidated Lease Agreement, the Fourth Amendment to the
Restated/Consolidated Lease Agreement and the Fifth Amendment to the
Restated/Consolidated Lease Agreement by and 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 Amended and Restated/Consolidated Lease Agreement and
the First Amendment to the Consolidated Lease Agreement, the Second Amendment to
the Restated/Consolidated Lease Agreement, the Third Amendment to the
Restated/Consolidated Lease Agreement, the Fourth Amendment to the
Restated/Consolidated Lease Agreement or the Fifth Amendment to the
Restated/Consolidated Lease Agreement the provisions of this Sixth Amendment shall
govern.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
3
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 15th day of July, 2009.
ATTEST:
Robert Parcher, City Clerk
ATTEST:
Elise Lipoff Mayer, Co-President
APPROVED AS TO FORM
AND LANGUAGE
AND FOR EXECUTION:
J e Smith, City Attorney
Dated: , 2009
CITY OF MIAMI BEACH, FLORIDA
Matti Herrera Bower, Mayor
MIAMI BEACH JEWISH
COMMUNITY CENTER, INC.
Allison Sokol, Co-President
T:WGENDA\2009Uu1y 15\ConsentlJCC6thAmendment Lease rev 07082009.doc
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