HomeMy WebLinkAboutExhibit BAMENDMENT NO. I TO THE LEASE BETWEEN THE CITY OF MIAMI AND
VIRGINIA KEY OUTDOOR CENTER, LLC
This Amendment No. 1 to the Lease (the "Amendment") is made this 2eday of 0Cr,0'P
2015, between the City of Miami (the "Landlord" or "City") a municipal corporation of the State
of Florida and Virginia Key Outdoor Center, LLC., a Florida limited liability corporation (the
"Tenant").
WHEREAS, the City of Miami (the "Landlord") is the owner of the property located at
3801 Rickenbacker Causeway, Virginia Key, Miami, Florida 33149 (the "Property"); and
WHEREAS, the City issued the Request for Letters of Interest (the "RFLI") No. 12-13-
068 (a copy of which is available at the City Clerk's Office, and any addendums issued to the
RFLI) to which the Tenant replied and expressed interest in the Property with the purpose of
operating a recreational support facility on certain portions of the Property; and
WHEREAS, Virginia Key Outdoor Center, LLC (the "Tenant") operates a
recreational support facility on the Property; and
WHEREAS, the Landlord constructed a facility to be known as the Recreational
Support Facility ("Facility") on a portion of the Property, previously vacant land (referred
to herein as "Area") ; and
WHEREAS, Resolution 15-0082 adopted by the City Commission at its February 26th,
2015 meeting authorized the City Manager to execute a Lease with the Tenant, for a term of five
(5) years and minimum rent for Lease year one (1) of seven hundred fifty dollars ($750.00) per
month, and percentage rent of five percent (5%) of gross revenues up to five hundred thousand
dollars ($500,000.00) and ten percent (10%) of gross revenues in excess of five hundred thousand
dollars ($500,000.00); for Lease year two (2) and thereafter, tenant shall pay a minimum rent of
one thousand dollars ($1,000.00) per month and a minimum percentage rent of ten percent (10%)
of gross revenues up to five hundred thousand dollars ($500,000.00) and twelve percent (12%) of
gross revenues in excess of five hundred thousand dollars ($500,000.00), with terms and_
conditions more particularly described in the Lease; and
WHEREAS, on May 8th, 2015 the City and the Tenant (collectively the "Parties") entered
into a Lease; and
WHEREAS, the Area has an operational bike rinse primarily used by the public that
elevates the water usage at the Facility; and
WHEREAS, the Parties agree to amend the Lease to incorporate the City
absorbing all water usage costs;
NOW, THEREFORE, in consideration of the mutual covenants hereinafter set forth and in
consideration of other valuable consideration the parties covenant and agree as follows:
1. Article 9.1 entitled "Utilities" is hereby amended in its entirety to read as follows:
The Landlord shall install and provide access to utilities and, where practical,
install meters to monitor the utilities as part of the initial construction of the Facility.
Landlord shall provide electrical installation inside the Facility and hook up to the
electrical service, with outlets.
Tenant shall, at its sole cost and expense, maintain electric current inside the
Facility and arrange for a dumpster for regular commercial debris. Tenant must abide by
the rules, regulations, schedules, and practices of the Landlord in the administration of
these services.
The Landlord reserves the right to interrupt, curtail or suspend the provision of
any utility service, including but not limited to, heating, ventilating and air conditioning
systems and equipment serving the Area, to which Tenant may be entitled hereunder,
when necessary by reason of accident or emergency, or for repairs, alterations or
improvements in the judgment of Landlord desirable or necessary to be made or due to
difficulty in obtaining supplies or labor or for any other cause beyond the reasonable
control of the Landlord. The work of such repairs, alterations, or improvements shall be
prosecuted with reasonable diligence. The Landlord shall in no respect be liable for any
failure of the utility companies or governmental authorities to supply utility service to
Tenant or for any limitation of supply resulting from governmental orders or directives.
Tenant shall not claim any damages by reason of the Landlord's or other individual's
interruption, curtailment or suspension of a utility service, nor shall the Lease or any of
Tenant's obligations hereunder be affected or reduced thereby.
Tenant, at its sole cost and expense, shall provide cleaning services for the Area.
Tenant shall pay for all telephone services or other utility service Tenant may require,
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including, if necessary, the cost of installing phone lines or purchasing any other such
equipment.
Tenant, at its sole cost and expense, shall ensure that the Area will at all times be
in a clean and sanitary condition and free from vermin, including by hiring a pest control
company, as needed. In the event Tenant requires any additional services or utilities not
mentioned herein, Tenant shall obtain the same at its sole cost and expense. Landlord,
however agrees to absorb all costs and expenses associated with the water usage by the
Facility and will be responsible for any repairs needed for the bike rinse. Notwithstanding
the foregoing, Landlord will not be responsible for any repairs or maintenance to the
plumbing within Facility except for those associated with the bike rinse.
Tenant shall provide any additional security it deems necessary to protect its operations
and equipment. Tenant shall insure that all appropriate equipment and lights have been turned off
and appropriate doors locked at the close of operations within the Area each day. Tenant shall be
responsible to take prudent preventive maintenance measures to safeguard the Area from storms
and other "Acts of God" as that term is defined by Florida law.
Except as specifically provided herein, all of the terms and provisions of the Agreement
shall remain in effect.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1 to the
Agreement on the day and year first above written.
Attest:
Si nat .
Name and Title
TENANT: Virginia Key Outdoor Center, LLC.
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re
Esther M. Alonso, Manager
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FORM AND
;z, City Attorney
APPROVED AS TO
City of Miami, a munici
State of Florida
Daniel J.
of the
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