Fourth Amendment to Amended and Restated/Consolidated Lease
ff PO 7- ;' ~ if 'I r
;'/If/V 7 - c 1 A DP~^.FT N
FOURTH AMENDMENT TO AMENDED AND REST A TED/CONSOLIDATED
LEASE
This Fourth 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 L day of,VIo.A.J'\. ,2007 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"), a
not-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 15.7 and 15.8
that set time limits for the completion of construction plans and the obtaining of a final
building permit; 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 lCC 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
DRAfT ?II
WHEREAS, the City and JCC entered into a Third Amendment to the Amended
and Restated/Consolidated Lease on :Wile... 71 :lOb"', 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, 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
NOW THEREFORE, the Lessor and the Lessee, for an 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
the DRB appro vat for the Proposed Improvements but not more than si" years and three
months seven years from the Commencement Date 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. 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, and the Third 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, or the Third Amendment to
the Restated/Consolidated Lease Agreement, the provisions of this Fourth Amendment
shall govern.
2
DRAFT ~
IN WITNESS WHEREOF. the Lessor and Lessee have hereunto affixed their
respective hands and seals at the place, and on the day and dat~frst hereinabove \\-Titten.
Signed, sealed and delivered in t..h....ep~ksenc.~ e;SJ f:
,! ~
Cli~ J. / I
/ .;
l
~~ rWt~
Robert Parcher, City Clerk
,2007
Attest:
Witnesses:
IA- R~~
By:
Name:
Title:
MIAMI BEACH JEWISH
COMMUNITY CENTER, INC.,
a Florida corporation not-for-profit
1MsW
Print Name: ,A-LI c.. <:.. (<Clt-t..SC II (/)
~
Print Name: ~uW:N' \-\. A.l2-)hi~
Dated: /?1 a j/ d SI , 2007
APPROVED AS TO FORM
AND LANGUAGE
A R CUTION:
/"
ney Ji1-
Dated: G if) {} 7 , 2007
J J
3