HomeMy WebLinkAboutSECOND AMENDMENT LEASE AGREEMENTSECOND AMENDMENT TO LEASE AGREEMENT
THIS SECOND AMENDMENT TO LEASE AGREEMENT ("Second
Amendment") is made as of the�k'" day of sTVIA 2008, between THE CITY OF
MIAMI, a Municipal corporation of the State of Florida (hereinafter referred to as the
"City"), as Lessor, and BEASLEY-REED ACQUISITION PARTNERSHIP, a
Delaware general partnership (hereinafter referred to as "BRAP" or "Tenant"), as
Lessee.
RECITALS
A. The City and Hernstadt Broadcasting Corp. ("Original Tenant') entered
into that Lease Agreement dated September 3, 1982 (the "Lease"), pursuant to which
Original Tenant leased certain premises consisting of approximately two and two-tenths
(2 2/10ths) acres, located on Virginia Key, City of Miami, Dade County, Florida (the
"Property");
B. Original Tenant assigned the Lease to Howard Broadcasting Corporation
("Successor Tenant'), pursuant to an Assignment of Lease dated October 17, 1986,
which assignment was approves -by the City by letter dated November 24, 1986;
C. Successor T ! &i&'04T,an undivided one-half (1/2) interest in the
Lease to Sunshine Wireless Company, Inc. pursuant to an Assignment of Lease dated
August 31, 1987, which assignment was approved by the City on August 10, 1987;
D. Sunshine Wireless Company assigned its undivided one-half interest in the
Lease to BRAP which assignment was approved by the City by Consent to Assigrunent
and Assumption dated August 14,1996.
E. With the City's consent, ' Successor Tenant assigned all of its remaining
right, title and interest in and to the Lease to BRAP pursuant to a Consent to Assignment
and Assumption dated August 11, 2000; and) ;
F. Section 29-B of the City's Charter, authorizes the city commission to grant
- - a- lessee- of-city--owned--property-a -one-time -extension- during -the-last--five-years- of -its-
lease, without the necessity for a referendum, for the purposes of funding additional
capital improvements, for an extended,term not to exceed 25% of the original term or 10
years, whichever is less, and provided the lessee is not in default of its lease nor in
arrearage of any monies due the City.
G. Pursuant to Resolutioj �-q....,0&0332, adopted May 25, 2006, the city
commission, by 4/5 votes,. authorized the extension of the term of this lease for an
additional tern of 6 years under the turns'and conditions set forth hereinafter.
Document Amendmcm #2 - 9mateyReed (2008) (4)
I. This present Seaond Amendment extends to June 3, 2009 the
commencement of the parties'`r xagtuaj right to ' terminate the Lease prior to the lease's
termination date of September 2;;2413,, and in no way extends said term and therefore
complies with the requirements,of.29B of the City Cbarter.
TERMS
NOW THEREFORE, for Ten Dollars '($10.00) and for the covenants and
conditions of this Second Amendment, the receipt and sufficiency of which are
acknowledged, Landlord and Tenant agree as follows:
1. Recitals. The foregorig`recitals'are'correct and are incorporated herein by
this reference.
2. Terms. All undefined capitalized terms used herein shall have the same
meanings as defined in the Lease, as amended.
3. Section 36: ("Termination") Section 36 is hereby amended as follows:
(a) Termination by the City. In addition to the termination provisions
provided in Section 17 of the Lease, the City shall have the following
termination right;.- from and after June: 3 M, the City may terminate the
Lease, upon notit -than riin ty 0% days prior written notice to BRAD,
lt beovided soa ner than June 3.2009.
which notice #Ni�y
(b) Termyne iB}n'byjl3•RA3'. From and after June 3. 2009. BRAP may
terminate this Lease upon not less than ninety (90) days written notice to
the City, which notice may not be provided sooner than June 3. 2009.
4. Entire Agreement, . The Lease, as arriended by the First and this Second
Amendment, constitutes the entire, agreement and understanding among the parties with
respect to the subject matter hereof,
5. Miscellaneous.
.a In the -event any `tenri o"r"provision of this Second Amendment be
determined by appropriate judicial authority to be: illegal or otherwise invalid, such
provision shall be given its nearest legal meaning or be construed as deleted as such
authority determines, and the remainder of this Second Amendment shall be construed to
be in full force acid effect.
b. In construing this Second Amendment, the singular -shall be held to
include the plural, the plural shall_.include the singular, and the use of any gender shall
include every other and all gender}.
r#
_ t
Document Amendment #2 . Beasley -Recd (2004(4).
C. Descriptive headings contained herein are for convenience only
and shall not control or affect the meaning or construction of any provision of this
Second Amendment.
d. This Second.. Amendment may be executed in any number of
counterparts and by the separ4tb parties hereto in separate counterparts, each of which
shall be deemed an original, but all of Which shall constitute one and the same
instrument.
e. This Second Amendment shall be deemed a part of the Lease, but
shall take precedence over and supersede any provisions to the contrary contained in the
Lease.
IN WITNESS WHEREOF, the parties have executed this Second Amendment as
of the day and year first written above.
I BRA F;
Witness:
Ign Name-"7EKKI kowu�K
Print Name:
ATTEST:
BEASLEY-REED ACQUISITION
PARTNERSHIP, 'a Delaware limited
partnership
By:��� 4t---�,
Print Name:
Title- FVP 0 -FO
CITY
THE CITY:
By:
tFRk-effla A. ThonFson,b"Cl �k Pedro G.
oil -
Approved As To Form And Correctness:
Julie O. Bru, City Attorney
Approyog As To Insurance keq&irements:
UeAnn R. Brefim-,"b)-jr—ector
Risk Management Department
Document Amendment 42 - Beasley -Reed', (2008) (4)
fry 4
MI, a municipal
State of Florida
City Manager