HomeMy WebLinkAbout1st Amendment to Lease
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FIRST AMENDMENT TO LEASE
This First Amendment to the Lease Agreement, dated November 8, 2000, (the
"Lease"), is made and entered into this 1Stli day of May, 2005 by and between the
CITY OF MIAMI BEACH, a Florida municipal corporation whose principal address is
1700 Convention Center Drive, Miami Beach, Florida, 33139 (hereinafter referred to as
"Lessor"), and UNIDAD OF MIAMI BEACH, INC., d/b/a Miami Beach Hispanic
Community Center, a Florida not-for-profit corporation whose principal address is 1701
Normandy Drive, Miami \BeaCh, Florida 33141 (hereinafter referred to as "Lessee").
WITNESSETH:
WHEREAS, since September 9, 1998, Lessor has been leasing to Lessee a
portion of the City-owned South Shore Community Center, located at 833-6th Street,
Miami Beach, Florida, for Lessee's use as administrative office space for its Miami
Beach Hispanic Community Center, and its "One Stop" job placement program; and
WHEREAS, on November 8, 2000, the Lessor and Lessee entered into a new
Lease Agreement, for an expanded space, which included a ten (10) year term,
commencing on December 1, 2000, and ending on November 30, 2010, the Lessee
yielding and paying to the Lessor the rental sum of One Dollar ($1.00) for the Lease
term; and
WHEREAS, the new Lease Agreement further provides that the Lessee may
occupy approximately 1,859 square feet of administrative office space on the 2nd floor
of the South Shore Community Center (the Premises); and
WHEREAS, the Lease Agreement contemplated that the City would be
conducting certain improvements (the Rehabilitation Project) to the South Shore
Community Center, including improvements to the Premises; and
WHEREAS, the Lease Agreement further provides that upon completion of the
proposed Rehabilitation Project, the Premises were to be redesignated as follows:
Approximately 2,209 square feet, on a full time basis (Area A); 1,435 square feet
on a part-time basis (Areas B, C, and D); and 2,500 square feet, as may be
made available based upon programmed uses approved by the City within the
South Shore Community Center (Area E), as more specifically delineated in
Exhibit 2 and Exhibit 2-A, attached hereto and incorporated herein, located on
the 1 st and 2nd floors of the South Shore Community Center, and
WHEREAS, the Lessee vacated the Premises effective November 1, 2001, in
light of the pending and proposed Rehabilitation Project; and
WHEREAS, the term of the Lease Agreement was stayed during the time that
Lessee did not occupy the leased Premises; and
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WHEREAS, the design and scope of the Rehabilitation Project was not
undertaken as originally proposed and an alternate design and scope, that reflected a
total area of approximately 3,292 square feet, was pursued and constructed; and
WHEREAS, the portion of the Rehabilitation Project where the Lessee will be
housed has been substantially completed and the Lessee has re-occupied and has
been in possession of the respective office space, effective November 1,2004; and
WHEREAS, the Lessee and Lessor are desirous of amending the Lease
Agreement to: 1) re-define the Premises to reflect the actual as built area being
occupied by the Lessee; 2) adjust the applicable rent accordingly; and 3) extend the
term by approximately thirty-six (36) months (a term extension approximately equivalent
to the period of time that the Lease Agreement was stayed and when Lessee vacated
the leased Premises due to the Rehabilitation Project).
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, do by these presents mutually
covenant and agree to amend the Lease Agreement as follows:
1. Paragraph Two (on Page 1 of 9 of the Lease Agreement) is amended
as follows:
Approximately 1859 square feet of administrative office space, as more
specifically delineated in Exhibit 1, attached hereto and incorporated
herein, located on the 2nd floor of the two story building known as the
South Shore Community Center and located at 833 - 6th Street, Miami
Beach, Florida, more particularly described as Lots 6 thru 11, Block 73,
Ocean Beach Addition No.3, Plat Book 2, Page 81, Public Records of
Miami-Dade County, Florida, which upon completion of the proposed
Rehabilitation Project shall be redesignated as follows:
Approximately 2200 3.292 square feet, on a full time basis (Area~
A. B, and C), 485-l4a5 square feet on a part-time basis (Areas
B,G,D), and 2,500 square feet, as may be made available based
upon programmed uses approved by the City within the South
Shore Community Center (Area E), as more specifically delineated
in Exhibit 2 and Exhibit 2-A, attached hereto and incorporated
herein, located on the 1 st and 2nd floors of the South Shore
Community Center.
2. Paragraph Three (on Page 1 of 9 of the Lease Agreement) is
amended as follows:
TO HAVE AND TO HOLD the Premises unto the Lessee, for a term of ten
(10) years, beginning on the 1 st day of December, 2000, throuah and includina
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the 31staetfl day of DecemberNovcmbcr, 2013+9, the Lessee yielding and paying
to the Lessor the rental sum of One Dollar ($1.00) for the Lease term, as agreed
by the parties hereto, payable upon execution of this Lease Agreement.
3. A Paragraph Four to be added on Page 2 of 9 of the Lease
Agreement to read as follows:
Lessee agrees and acknowledoes that the Lessor may, at its sole and
absolute discretion, opt to contract with a third party, to manaoe the dav-to-dav
operations at the South Shore Community Center, which may include, but not be
limited to, openinq (in the mornino) and securino (in the afternoon/evenino) the
main oates and entranceways to the Center, deal with minor Center Tenant
issues, and oversee dailv maintenance, ianitorial services and other similar and
related operatino matters at the Center.
4. Section 2 on page 3 of 90f the Lease Agreement is amended as
follows:
2. Operating Expenses for Areas "A", "8" and "c" shall include all costs
associated with the maintenance and operation of the Premises, including utilities
and Common Area Maintenance (CAM). Utilities and CAM shall include, but are
not limited to, electricity, water, gas, telephone service and garbage disposal.
Annual CAM costs for Fiscal Year 1999-2000 for the South Shore Community
Center, and for purposes of this Lease Agreement, have been calculated, as
determined by the City's Property Management Division, at approximately
$84,000. Lessee will be occupying approximately 4-a59 3,292 square feet or 44-7
26% of the overall leasable space of 12,672 square feet currently available at the
South Shore Community Center. For the term of this Lease, Lessor and Lessee
agree that the CAM, as defined above, shall be One Thousand Elqht Hundred
Twenty Six Eiahteen 71/00 90/100 Dollars ($1026.90) ($1.818.71) per month,
and shall be due and payable by the Lessee in the manner provided above. CAM
costs shall be adjusted accordingly, in the event that the size of the Premises is
increased as a result of thc Rchabilitation Projcct, and in accordanco with thc
rcdcsignatcd spaoc a3 rcflcctcd in Exhibit 2 and Exhibit 2A, the Lessee's use of
Areas "D" and/or "E". and in the event that costs associated with maintenance
and operation of the South Shore Community Center increase and on a prorated
share of any other portion of the facility that is used on a part-time or as available
basis.
Notwithstandinq the foreooino, it is aoreed and understood that Lessee's
oblioation to pay month Iv Operatinq Expenses. as set forth in Section 2 herein,
shall be held in abeyance until such time as the Lessor declares its renovations
of the South Shore Community Center complete and executes leases with all
other non-City tenants in the Center obliqatino them to pay their pro-rata share of
the Center's Operatino Expenses.
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5. Section 15 on page 5 of 9 of the Lease Agreement is amended to add
a second paragraph to read as follows:
Lessor aorees to install and/or construct and maintain a "monument" sign on the
exterior, south side of the Center Property, which shall include the Center's name
and Lessee's name, alono with other names of the Center's tenants, along with a
brief description of the location of each tenant's respective leased areas. Such
signage shall be subject to any applicable City Code provisions pertaining to the
design and construction of same.
6. Except as otherwise specifically amended herein, all other terms and
conditions of the 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 Lease Agreement, the provisions of this First
Amendment shall govern.
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 presen of:
BEACH, FLORIDA
Attest: [~ ~~
~ City Clerk
---
Mayor
David Dermer
Robert Parcher
Attest:
UNIDAD of Miami Beach, Inc.
a Florida corporation not-for-profit
~t
~KJfV(:X&r
Secretary
~u v,l3o~
(Print Name) .
Ih~1"otL U, V,P.l, j'T12. .
(Print Name)
F:\DDHP\$ALL\ASSET\6STREET.CTR\UNIDAD First Amendment to Lease.DOC
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
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