Lease Agreement with Watersports CenterAMENDMENT NO. 2 TO TH'E SECOND AMENDED AND RESTATED CONSOLIDATED
LEASE AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND MIAMI BEACH
WATERSPORTS CENTER, INC., DATED JULY 10, 2002
- This Amendment No. 2 to the Lease is made and entered this ,~ day of
,S 2010, by and between the City of Miami Beach, Florida, a municipal.
corporation (Lessor) and Miami Beach Watersports Center, .Inc., a Florida not-for-profit
corporation (Lessee).
RECITALS:
WHEREAS, the Lessor is the owner of a certain parcel of land with parking lot
facilities, located at 65th Street and Indian Creek Drive, Miami Beach,. Florida; and
WHEREAS, on July 10, 2002, the Mayor and City Commission adopted Resolutiori
No. 2002-24922., approving the Second Amended and Restated Consolidated Lease
Agreement for the operation and management of the City-owned property currently
housing the Ronald W. Shane Watersports Center (the Lease or Lease Agreement);. and
WHEREAS, at its ..regular meeting on April 27, 2010, the City's Neighborhood and
Community Affairs Committee considered a request by Lessee to amend the Lease to
permit it to hold and-conduct bingo games on a portion. of the leased premises; and
WHEREAS, the Committee approved Lessee's request and recommended that a
lease amendment providing for same be considered by the full. City Commission; and
WHEREAS, accordingly, at its regular meeting on June 9, 2010, the Mayor and City
,Commission considered and approved 'Lessee's request to conduct and hold bingo games
_ on a portion of the. premises, subject and in accordance with the requirements of F.S.
849.0931, as same may be amended from time to time, and such other requirements as
set forth below.
NOW THEREFORE, the Lessor and .Lessee, in consideration of the mutual
covenants, agreements and undertakings herein contained, agree to -amend the Lease as
follows:
. 1. The above Recitals are true and correct and incorporated .herein by reference.
2. Section 4.1 of the Lease, entitled "Permitted Uses Defined," is amended as follows:
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4.1 PERMITTED USES DEFINED.
The Demised Premises .shall be used by the Lessee solely and
r exclusively for the continued operation and maintenance of a Rowing Facility,
and any and. all .activities- related thereto, as well as construction of new
. improvements to the Facility. Said improvements shall include, respectively,
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the construction of a second story on the building currently located on Parcel
"A" and the construction of a new .building on Parcel `B" to replace the
- temporary structure currently located thereon, for a dry dock facilify
(hereinafter collectively referred to as the Rowing Facility or the Facility).
Lessee shall at all times be responsible for operation and maintenance of the
Rowing Facility, and the Facility shall be open to the general public, provided
#hat users shall meet the minimum safety requirements of the United. States
Rowing Association and the operational requirements of Lessee, as same
shall be submitted to Lessor for Lessor's approval. The Rowing Facility shall
not be used as a restaurant or bar; however, there may be catered events
(e.g. picnic, barbeque, dinner; luncheon,- etc.), conferences and meetings.
Lessee shall also be permitted to hold and conduct bingo games at the
Facility, subject to and in accordance with all requirements and rules for the
conduct of such games, as provided in Section 849.0931, Florida Statutes,
- as same may be amended from time to time; and provided further, that the
- net proceeds from the conduct of such games be applied only toward the
continued capital maintenance, repairs, renovations and improvements of/to
- the Facility. In the event that Lessee uses the Premises for any purposes .not
expressly permitted herein, such use shall be considered an Event of Default
and the Lessor shall be entitled to all the remedies set forth in Article XVI1
hereof, or without notice to Lessee, restrain such improper use by injunction
or other legal action.
Lessee may conduct other activities normally conducted by similar
public rowing facilities on the Property, if approved by the City Manager, or,
at the Manager's option and discretion, by the City Commission. Additional
uses not specifically enumerated above .may be approved by the City
-- ~ Commission. In the event uses are introduced to the Property that are
- deemed to be nonconforming because such uses do not fall within the above
.list of permitted uses,- and were introduced by the Lessee. without City
Manager and/or City Commission approval as provided for above, the Lessor
may give Lessee notice of default in accordance with Article XVIL, unless the
- Lessee terminates such uses until it .obtains the required City Manager
and/or .City Commission approval. Failure of Lessee to terminate such
nonconforming uses and request City Manager and/or City Commission .
approval for such use within thirty (30) days after notice as provided for
.herein, unless Lessee decides to abandon such nonconforming uses, shall
entitle Lessor to pursue the termination of this Lease as provided for
elsewhere in this Lease.
Subject to the terms of this Agreement,. the Lessee shall have the
primary use and sole occupation of the Demised Premises and shall be
- responsible for its management and maintenance.
3. Lessor's consent to .allow Lessee to hold and conduct bingo games at the Facility is
further subject to Lessee's continuous compliance with the following: .
_.
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a) Lessee shall not permit the ,sale, serving and/or consumption.. of alcoholic
beverages immediately before, during. or after any evening when bingo games .
are conducted at the Facility;
.
b) There shall be no exterior signs placed on the .Facility (or the Premises)
advertising or promoting bingo or bingo games;
c) Lessee shall prepare and submit to Lessor, on a quarterly basis, in such form as
Lessor and Lessee shall mutually agree, a written report setting forth a
- statement of revenues and expenditures associated with the holding and
conduct of its bingo games. In order to ensure that the net proceeds from the
' holding and conduct of .the bingo games is applied only toward the continued
.capital maintenance, repair, renovation, and improvement of the Facility, Lessor
- shall .have the right during the Term herein, -upon reasonable verbal or. written
notice to Lessee, at any time during normal business hours (i.e. 9:00. a.m. to
5':00 p.m., Monday through Friday), and as often as Lessor (through its City
Manager) may, in its reasonable discretion and judgment, deem necessary, to
audit, examine, review and copy all records (financial or otherwise) relation to
the holding and conduct of bingo by Lessee.
. d) Lessee shalt .provide Lessor with written notice of any change in the scheduled
days of bingo games at the Facility and such notice shall be provided at least ten
(10) business days prior to the change in scheduled- days of bingo games at the
Facility.
e) Attendees to bingo games at the Facility shall be responsible for .all costs
associated with using public parking, including in the immediately adjacent
public parking lot. -
- 4. Notwithstanding the preceding, Lessor's approval permitting Lessee to
hold/conduct bingo and bingo games at the Facility; as set forth and subject
to the requirements and conditions herein, shall be granted for an initial one
(1) year "trial period", which shall commence upon. the parties execution of
this Amendment (the Trial Period). At the end of the Tria! Period, the City
Manager shall report back to the City Commission, who, at that time and. in its
sole judgment and discretion, shall determine whether to continue to allow (or
disallow) Lessee's. continued use of the Facility to hold/conduct bingo. and
bingo games.
5. Except as amended herein, all other terms arid conditions of the Lease shall ,remain
unchanged, and in full force and effect.
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. F:\attoWGUR\AGREEMENIIShane Watersport -Bingo (Amendment No 1 (Final 6-28-10)).doc
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IN WITNESS ,WHEREOF; the- Lessor and Lessee have hereunto affixed their
respective hands and seals at the place, and on the day and .date first hereinabove written.
Signed, sealed. and delivered in the presence of:
LESSOR /CITY OF MIAMI BEACH
Witnesses:
Signature
~,~- [e.er~ c1~- ln, ~-~
M ti .Herrera Bower, Mayor
LESSEE /MIAMI BEACH WATERSPORTS
CENTER, INC. a Florida corporation not-for-profit
Signature
l C o d' r~ -~ ~ LIS. ~~ 6-x-14 X.~ 1 ~ ~ .f, r
Print Name/Title
APPROVED AS TO
FORM & LANGUAGE
~ FOIE EXECUTION
City A me~~b\u`" Date
`Print Name