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Home My WebLink About28 Mod. Lease Termination 4/99 @ MODIFT~ATION LEASE TERMlNA nON AND LICENSE AGRERMRN1' TInS MODIFICATION, TERMlNATION AND LICENSE AGREEMENT (the "Agreement") is cxctUted this ,}<; -\C day of April, 1999 by and between Miami Beach Marina ABsociatcs, Ltd., a Florida limited partnership (the "LandIOt'd") and Florida Y IICht Charters and Sales, Inc., (the ''Tenant''). RECITALS: A. Tallahassee Building COlJl., as land1ord, the predecessOt' in interest to Landlord, entered into a lease with Tenant, dated September 19, 1994 (the "Lease"). B. Article 30 of the Lease provides that the Lease is expressly subject to the terms of that certain Lease Agreement between the City of Miami Beach, 11$ landlord and Carner-Mason Associates, Ltd., as lessee, dated June 24, 1983, as lIll1ended by a Fint Amendmentclated October 23, 1991, a SccondAmcndment elated August 11, 1994, a Third Amendment date May 27, 1997 and a Fourth Amendment dated April IS, 1998 (collectively, the "Marina Lease''). C. All rights of the lessee under the Marina Lease have been assigned to and are currently held by Landlord. D. The Marina Lease provides fOt'the right of the City, as landlord under the Marina Lease, to tem:rlnate portions of the premises which constitute the Marina Lease premise. upon notice to Landlord, as the marina-lessee. E. The City has &iven such notice of partial termination as to SSDl North, as defined below, to the Landlord and, as a direct result thereof; the Lease, as of mt(,f 'Z.l.! . 1999 (the "Lease TllllDination Date"), is terminated. F. The City of Miami Beach, Florida, a Floridamuniclpa1 corporation (the "City") and the Miami Beach Redevelopment Agency, a Florida public agency Ot'gani.zed and existina pursuant to the Community Redevelopment AJ:t of 1969, Chapter 163, Part Ill, Florida Statutea, as amended (the "Redevelopment Agency") have agreed to grant to Landlord a license to use certain portions of the property more particularly deseribed on l/yhihit A 1IttIIched. hereto and made a part hereof (hereinafter referred to as .SSDl North'') pursuant to that certain Improvements Sublease entered Into by and between the City and the Redevelopment Agency, as the Lic:ensec, and the MIA_199at490643.3 Page 1 of3 . Landlord, lIS the Sublicensee, the ltday of/YlO .1999 (the "Improvements Sublicense"). G. The Improvements Sublicense includes the Premises, as such term is definecl in the LllIllIe. H. Landlord and Tenant have agreed to enter Into this Agreement in order to provide the Tenant with a license to use the Premises, subject to the terms and conditions ofthc Improvements Sublicense and this Agreement. NOW, THEREFORE, in consideration of the premises and other good and valuable consideration, the receipt and sufIlciency of which an: hereby acknowledged, Landlord and Tenant agree aa follows: 1. The foregolni recitals are true and correct and incolpOtllted into this Agreement by refer=. 2. Landlord hereby grants to the Tenant a license to use the Premises pursuant to the same terms and conditions as set forth in the Lease, which terms and conditions are hmeby amended as provided in this Agreement. It is understood and agreed that the license granted to the Tenant hereunder is subject to the tenns and conditions of the Improvements Sublicense. 3. ADy and all references in the Lease to the term "Lease," "Landlord" and "Tenant" are hereby modified to read "License," ''Licensor'' and ''Licensee,'' respectively. 4. The introductory clause of Paragraph 1 of Article 2 of the Lease entitled "Onmting Clause" which reads lIS follows: "Landlord,in consideration of the obligation of Tenant to pay rent as herein provided and in consideration of other terms. covenants and conditions hereof. hereby demises and leases to Tenant and Tenant hereby rents and takes from. the Landlord the Premises......, shall, as of the date hereof, be amended to read as follows: "Licensor, in consideration of the obll&ation of Licensee to pay licensing fees as herein provided and in consideration of other terms, covenants and conditions hereof. hereby grants a license to Licensee and Licensee hereby accepts and takes from Licensor the license for the Premises,..... (~) --5l.l.f S Landlord shaJJ be entitled to =1e license created pursuant to the terms and conditions of this Agreement upon not less than . (6Q) days' written notice to Tenant, provided, however, that, to the extent Landlord has substitute premises available, it shall endeavor to substitute such other premises for the Premises in Landlord I s reasonable discretion. 6. The parties hereto hereby II8fCC to be bound by the terms and conditions of the license hereby granted by the Landlord to the Tenant, aa described in this Agreement. MIA_19981490643-3 PlIIle 2 00 IN WITNESS WHEREOF, the parties hereto have executed this Modification. Lease Termination and License Agreement as of the date first above written. Signed in the presence of: MIAMI BEACH ASSOCIATES. LTD. By: Sobe Marina, Inc., its sole general partner N&4;ij~ ~~6= ~~J}:~:\.~ ~_~ -r ~ Name: fr1...~. ~ 10. -::for;: ~k. FLORIDA YACHT CHARTERS AND SALES, INC., a "Fio.-,dG. corporation BY"~~~ i:s~e: L o_~. ~~;hcu-J MJA_19981400643.3 Page 3 of3 EXHl1llT A LEGAL DESCRIPTION Lot 30 tbru 42 inclusive, in Block 111, of OCEAN BEACH FLORIDA ADDITION NO.3, according to the Plat thereoirecorded in Plat Book 2, Page 81, of the Public Records of Miami- Dade County, Florida. ALSO: Lots 43, 44, 45, 46, 47, 48A, 49B and SOC of DADE COUNTY PROPERTY, acoording to the Amended Plat oiLota 43 to SO inclusive, in Block Ill, of OCEAN BEACH FLORIDA ADDITION NO.3, as recorded in Plat Book 14, Page 70, of the Public Records of Miami-Dade County, Florida. MlA_19981490643.3