HomeMy WebLinkAboutExhibit 1THIRD AMENDMENT TO LEASE AGREEMENT
BETWEEN CITY OF MIA1VII
AND
RICKENBACKER MARINA, INC.
TABLE OF CONTENTS
1. Incorporation of Recitals 3
2. Description of Premises 3
3. Entire Agreement 4
Exhibit "A" Property
Exhibit "B" Boundary Survey
THIS THIRD AMENDMENT to the Lease ("Third Amendment") is made and entered
into as of the day of 2011 ("Execution Date"), between the CITY OF MIAMI, a
municipal corporation of the State of Florida ("Lessor"), and RICKENBACKER ,MARINA,
INC., a Florida Corporation, ("Lessee").
RECITALS
A. The Lessor and Marina Biscayne, Inc. ("Original Lessee") entered into that certain
lease agreement dated July 8, 1977, as amended by that certain Memorandum of Understanding
between the parties (the "Lease"), pursuant to which Original Lessee leased certain City -owned
real property and bay bottom for the development and operation of, among other things, a full
service marina, described in Exhibit A attached hereto and made a part hereof, located at 3301
Rickenbacker Causeway, City of Miami, Dade County, Florida (the "Property"); and
B. Original Lessee assigned the Lease to Michael D. Brandon as Trustee under an
unrecorded trust for Marina Biscayne, Ltd. ("Successor Lessee"), pursuant to an Assigmnent of
Lease dated January 31, 1983; and
C. With Lessor's consent, Successor Lessee assigned and transferred all its interest in
the Lease to Rickenbacker Marina, Inc. ("Lessee") pursuant to an Assignment of Lease dated
June 25, 1986; and
D. Lessee requested Lessor to extend the term of the Lease in order to amortize the
cost of certain capital improvements that Lessee plans to perform on the Premises; and
E. The term of the Lease, together with any options to renew, was to expire on
January 7, 2009 (the "Original Expiration Date"); and
F. Lessor and Lessee entered into a FIRST AMENDMENT to Lease on January 8,
2009 ("Effective Date"), for the purpose of extending the tern of the wet storage facilities
including moorings, restaurant and tiki deck, restrooins/showers, office/store and fuel dock
facilities,. and other ancillary facilities and services of the Property, for seven and one-half (71)
years to July 7, 2016, and the dry storage facilities of the Property for a tenor of four and one-half
2
(41/2.) years to July 7, 2013, with three 1-year options to renew the Lease, subject to approval by
the City Manager; and
G. On June 6, 2010, the City Commission by Resolution R-10-0226, adopted a
SECOND AMENDMENT that modified Lessee's renewal options for the dry storage facilities,
among other things, from three 1 -year options, to one 3-year option, exercised immediately,
thereby matching the dry storage tern of the lease to the wet storage tern of the lease; and
H. A new topographical survey of the Property detennined that a portion of
submerged lands is needed by Biscayne Bay Restaurant Corporation d/b/a Rusty Pelican's
("Rusty Pelican") and is located within Lessee's lease area; and
I. In order for Rusty Pelican to complete its capital improvement requirement,
approved in the SECOND AMENDMENT, Lessor, Lessee, and Rusty Pelican have agreed to
modify their respective legal descriptions to exclude said portion of submerged lands in Lessee's
lease area to favor Rusty Pelican; and
J. The Parties agree that it is in the best interest of the Parties to modify the legal
description of Lessee and Rusty Pelican hereto.
NOW, THEREFORE, in consideration of the foregoing and the conditions, covenants and
agreements hereinafter set forth and in consideration of other valuable consideration the parties
hereto agree to amend the Lease as follows:
1. Incorporation of Recitals
The recitals and findings set forth above are adopted by reference thereto and
incorporated herein as if fully set forth in this Amendment.
2. Description of Premises
Section 1 of the Lease is amended to read as follows:
1. Lessor hereby leases to Lessee said real property and bay bottom hereinafter
referred to as the Property, described in Exhibit A and. Exhibit B attached hereto and made a part
hereof except for approximately 522.72 square feet of Lessee's submerged land that shall be
included within the bay bottom land of Rusty Pelican's leased area.
3
3. Entire Agreement. The Lease, as amended by the First, and Second, and this Third
Amendment constitutes the entire agreement and understanding among the parties with
respect to the subject matter hereof. Lessor and Lessee acknowledge and agree that except as
specifically modified hereby, all of the provisions of the Lease which are not in conflict with
the terms of this Amendment shall remain in full force and effect.
IN WITNESS WHEREOF, the parties have executed this Amendment as of the date
first above written.
Attest:
"LESSOR"
THE CITY OF MIAMI, a municipal
corporation of the State of Florida
Priscilla A. Thompson Tony E. Crapp, Jr.
City Clerk City Manager
APPROVED AS TO INSURANCE APPROVED AS TO FORM AND
REQUIREMENTS: CORRECTNESS:
Gary Reshefsky, Director
Risk Management Department
4
Julie O. Bru
City Attorney
STATE OF )
) SS:
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
2011, by Tony E. Crapp, Jr., as the City Manager of the City of Miami, a municipal corporation of the
State of Florida, on behalf of the City. He is personally known to me or has produced
as identification and did take an oath.
My Commission Expires:
No.:
5
Name:
Notary Public, State
[NOTARIAL SEAL]
"LESSEE"
RICKENBACKER MARINA, LAC.
Attest:
By: By:
Signature Signature
Print Name Print Name and Title
Date
STATE OF )
) SS:
COUNTY OF
The foregoing instrument was acknowledged before me this day of
2011, by Howard Bell, as the CEO of Biscayne Bay Restaurant Corporation, a California corporation, on ,
behalf of the corporation. He is personally known to me or has produced
as identification and did take an oath.
My Commission Expires:
No.:
6
Name:
Notary Public, State of
[NOTARIAL SEAL]
EXHIBIT "A"
LEGAL DESCRIPTION OF PROPERTY
Commence at the southeast corner of Section 17, Township 54 South, Range 42 East
thence along the south line said section 17 N 89° 56' 5" W 2,649.84 feet to its intersection with
the center line ofRickenbacker Causeway, as shown on the "THE METROPOLITAN DADE
COUNTY BULKHEAD LINE", according to the plat, thereof, as recorded in Plat Book 74, at
page 9, Sheet No. 2 of the Public Records of Dade County, Florida; thence along said center line
N 45° 22' 07" W 3,593.07 feet; thence N 44° 37' 53" E 200.00 feet to the Point of Beginning of
the hereinafter described Tract No. 2, said Point of Beginning being also on the northeasterly,
right-of-w.ay line said of "Rickenbacker Causeway"; thence along said right-of-way line N 45°
22' 07" W 761.08 feet to the beginning of a curve concave to the southwest, having a radius of
1,632.40 feet; thence northwesterly and westerly 1,296.84 feet along said curve through a central
angle of 45° 31' 05" to a point of tangency; thence along said right-of-way S 89° 06' 48" W
139.26 feet to its intersection with "THE METROPOLITAN DADE COUNTY BULKHEAD
LINE", as shown in said Plat Book 74; thence along said bulkhead line N 44° 06' 48" E 908.00
feet land described in revised Exhibit "A" lease between "the City of Miaini" (lessor) and
Specialty Restaurants Corporation "Rusty Pelican Restaurant" (lessee) S 45° 22' 07" E 389.87
feet; thence S 29° 28' 50" E thence 45.05 feet; thence S 80° 35' 59" E 17.20 feet; thence S 30°
48' 22" E 28.97 feet; thence N 60° 20' 29" E 10.07 feet; thence S 45° 22' 07" E 546.39 feet;
thence N 44° 37' 53" E 250.00 feet; thence S 45° 22' 07" E 440.06 feet; .thence S 10° 22' 07" E
344.14 feet; thence S 44° 37' 53" W 61.04 feet to the northeasterly corner of a two -foot concrete
seawall; thence continue along said line S 44° 37' 53" W 161.00 feet to the Point of Beginning;
less the following: Lease No. 3 and access road to the restaurant. Containing 20.975 acres, more
or less.
7
EXHIBIT "B"
BOUNDARY SURVEY
8
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MD CERTIFICATION a aril FOR 04 LM05 15 0E0CW0E0. iT IS NOT A
CER40'1CAn011 of 1111.I001L EASDa1115.011 FREEDOM r700 EIIN400ANCE5.
ME R000A I1000 m50M11tt RAZE MAP. DATED 19_ PU81411E0
sr 0R MILD shwa DEPARTMENT, OF NO05040 AN0 URSAN 0E00ELOPlENr, DE-
LINEATES INE h(REN DESCR;BEO LAND 10 6E SITUATED e1D1N ZONE _
,EKES, C1n19Y: R.A1 %NE SURVEY OF IIIE A0016 CAPTIONED PROPERTY
CCNPTETED unCIR my RESPONSIBLE 04NOE .O 0(EY9 111E 0lN.1Nu
PnCAI STANDARDS AS SET TOR*. 9Y 111E 000LA BOARD OF PROFESSION -
LAND S514)00S w 01APIER 61017-9, 110ROA.ADINUSi0ARLE CODE.
MANE TO SECTION 411097, 11.01110A STATUTES
00 441 BE AoanONAL NE911000p5 AN0 °CACA1100 "TAT ARE NO1 SN0N1,
IRK WRAY AND NAY BE FOUND 111 THE PUBLIC RECORDS OF 1a5 COUNTY.
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LOCATION MAP
N.T.S
BOUNDAAY SURVEY
SURVEY REPORT
DETAIL " PARCEL No_ 3"
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77
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FIELD RYTlla DATED :__02,41-2a5_--_--
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DAIS L01a Alto SEAM; 09-13_2010 ( P..t,Td },rv50's 1b191.)_
GRAPHIC SCALE
I.EGA I. DESCRIPTION FUIINISBED
BY RICIONOACI[ER MARINA INC.
LEGAI. DESCRIPTION
LEASE AREA No.143
Commence at the southeast tamer 01 Section 17, Township 54 South.
Range 42 East; Dade County, Florida; 'thence along the south Ina of
aald Section 17 N B9' 56' 49.5' W 2,649.84 feel to Its nlorsection
with the center Una of "Rlckanbecker Causeway', as shown In,'THE
METROPOLITAN DADE COUNTY BULKHEAD LINE' according to Oho
Plat thereon a rocordod in Plat Book 74. of Page 9. Sheet No. 2 of Ma
Public Records of Dada County, Florida; tone along said ant0r Una
N 45' 22' 07' W 3.073.07 Mob Nana N 14. 37. S3' E 200.00 fool
to the 'Point of Beginning of the hereinafter described bad, said
Point 01 Beginning also lying on the northeasterly righlcf-way lino
of said 'RIckenbacker Causeway': thence along said dgld'd-way Una
N 45' 22' OT W 32.00 feet thence N 44' 3T 53' E 95.00 feel; thence
N 45' 22' 07' W 150.00 fees thence N 44. 3r 53' E 134.00 feet to
point, of arvaluro of a curve conwvo to the south having a radius of
150.00 fuel; Nonce northeasterly. aslsny and southeasterly 235.62
teal along said curve through a central angle of 90' 00' 00' 10 a
point of tangency; than., S 45' 27 07" E 32.00 Nm; thence
S 44' 3T 53' W 379.00 footle the Point of Beginning.
Containing 49,631 square feel or 1.139 acres more or lass.
1.EGAL 'ASCRIPTION
(.EASE AREA Ne.1
Cowen. et the aau0mwl Mow el Section 17, TonnoNp 64 So.,
Range 42 Eol mono along the son One of said Section 17
N B9' 56 5' W 2.649.64 lust N IN Intoneubn with tm cantor
One of Rldonboder Causeway, as shown on THE METROPOLITAN-
DADE COUNTY BULKHEAD W1E', acading to Ina plat. Maaol,
es warded In Plat Boa 74, a page 9. Sheet No. 2. of Ma..
Ronde of O.Oe County, Florida; thence along weld centerline
N 45' 27 Or W 2.593.07 ha[ Mace N 44. 37' S3' E 200001ee1
b lob Point o1 Beginning of Ne hewMala described Tram No. 2,
said Point 01 Beginning being "40 00 tee noMeesledy llohlofwsy
Eno 01305 'Rkkanbarker Causeway.; thence along said dghlof-woy
the N 45.270r W 761.05 Mot to the 6eglMbp of a cove concave to
Ns e0uthwe5L having a 1edWa of 1,632.40 Met Nance noMwss6
ally and westerly 1.296.81 Mei elan said ono !though a central
angle el ' 31' 05'to a point of tangency; thence along geld
rioM.obwa 5 B9. 06' 413.19 13926 feel to As koasu0lon cult
THE METROPOLITAN DADE COUNTY BULKHEAD LINE-. es shorn
In sold Pia Book74; thence Wong held buMwed Ono N 44' 0648'E
908.00 f0 1 land doea0md In reNsed EMU 'A' bee between "Ma
thy el MI mT Oossol) and Specially RaoMurenU Completion ll Cry
Pelican R sloaenl' IMaaa) S45.22' Or E 389.67 feat; natal
5 29.2860'E thane 45 05 foot thence 5 60'3559- E 17.20 fee:
thence 5 30' 4817 E 26.97 teal; Nona N 50'2025' E 10.07 Met
Blanco 5 5'2297' E 846.59 feat; thence 1144. 3753' E 250.00 lest
thence 5 5' 2707' E 440.001oet Nance 5 10' 27 or E 514.141eet
thence 5 44. OT 53W 61.04 feel o the nonhoeabrly concur of
bvlool onerola 50awa ; Nonce continua Wong sold line
S 44'37 3' W 150.57 Mob Mance 545. 27 or E 255.171NNC
Dorcas 4' 37 53' W 141.00 Net to the Pont of Beginning; lase
the (NNown9; Leese No. 3 and access Media rash..
Cantab. 20.975 Bans, nmre or less.
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LEGAL DESCRIPTION
LEASE AREA No.1.O
Commence a1 90 s0utho0l control Seclren 11. Township 54 South.
Rouge 42 East. Dada -County, Florida; Chula Wong We sorts We el
sold Section 17 N a9.5649.5' W 2.649.64 teat Ice Be hbaaabn
with rho cantor Una of 184anb4dlor Causeway' as down h'1HE
MET ROPOLITAN 0.40E COUNTY BULKHEAD LONE' occordkg to the
Plot guyed as rowAod In P1l Book 74, el Page 9. Slmel No. 2 0l the
Public Reeds d Dade County, Flatda; whence &00g sold cantor the
11 45' 270TW 3432.131 teal, thence N 44' 3T 53' E 511671eut h.
Ma paint olaa9lnnlno el the heroine!. described Ind. Said
point of EWMANng being dace the most 0eetorly caner of e 24001
concrete eowaa, awns enng Me outer hew al seta New.
N 45' 27 OT W 44545 feel to the most noMedy corner of said Nowak
thence 5 44' 3T 53' W 150.57 loot to Os Inb"oclbn with
tine parasol with and 351 tom northeasterly of the ewer Dna of
saki R000000 tm Cnwaway inane .400E sold pere0ul One 6 45' 27
or E 505.17 bac Chem S 44' 37' 63' W 66.00lasi to as Mmr0en
with a Coe parallel with and 285 Mal northeasterly el Me canter One el
said Rkken0arkm Causeway. thanca along NM fsU4lol One 5 45' 27
0r E 116.00loot Donets 41' 37 53' 0134.00 Ted to a pant 01
curvature of a cane a0aye 1 the south having 8 radius of 150.00
Mot thence northeasterly asabdy and sous eastady 535.62 Mel along
sets curve through is central angle of 90' Of 00' la a p0W 01 Unwary,
trance 5 45' 22' Or E 32.00 loot tone N 44' 31' 53' E 1.81ea110the
comer post of a doh link fence; trance cotWue aiOno said Ch.
Ink nonce 159 feel more or lass l Os WeraWan Nth the don
One el Marne 000000m Lagoon; thence meandering Wang g saki shore
the no...INV and malady 440 feel more or Ices l0 the Pane el
beginning.
Containing 3.10 aua mare or leas.
LEGAL DESCRIPTION
MARINA 013CAYME, LTD.
LEASE AREA Ne.3
Commence al the s0ul0easl Como, of 5odl00 17. Township 54
South, Range 42 East; Olonce along the south Una of sold Section
17 N 89' 55 49.5' W 2,849.84 feet to Its Inlarsoc0on with No
center ono of Rlckonbocka Causeway, a shown on 'THE
METROPOLITAN DADE COUNTY BULKHEAD LINE, according
to Om plat thereof, as recorded in Plol Book T", at Page 9, Sheol
No. 2, bf the Public Records of Dade County, Florida; thence Wong
said center line N 45' 22' 07' W 4.065.0 Not o 4s inhalation with
the. center Oa of the access lad to the 'Rusty Pelican
Res0uren7; Nana along said canter lino N 44 3T 53' E 350.00
feel to the beginning of a Curve concave to the west having a
radius of 270.00 fool; 'thence northeasterly, nortwy and
'northwesterly 349.16 feel along sold curve, through a antral
'angle of 74' 05' 35'; thence N 44' 3T 53' E 31.07 foot to no
Point a1 beglnning of the haroln0na des0ibed Parcel No. 3,
said pone of beginning being on a curve concave to the
a0ulnwaL conconlrlr to the last mamboed u0v0 and having a
radius of 300.00 fool (o which point of beginning a radial boars
N 58' 54' 39' E; thence norihweslolly 74.79 feat along sold
curve through a control *Tighe sal 14. 17' 01' to a polo of
tangency; Nona N 45' 27 OT W 54.031a1 o the boghWng of a
curve concave to the nodheasl having a 1ad143 of 340.00 Nos
thence along said cone nonliwoelody 42.05 fea100ough o
antral angle d T OS 16'; thence N 44' 3T 53. E 117.40 fool;
Nana s 45 27 07' E 170.00 feet thence 5 44' 3T 53' W 129.27
fuel to the polo of beginning.
Containing 20,594 square feel or 0.473 acre more or less.
LEGAL DESCRIPTION
LEASE AREA 11614
Commence et the southeast omor el Sedan 17, Township 54 South,
Range 42 East Dada Conly. Florida. thence None the s0Wl1 Ono d
Sold 9aoden 17.11 a' 5549' W 2,645.84 bet to Ile hlaaambn with
ON color tine of'Rnkeroackm Causeway', as sawn In T115
METROPOLITAN DADE COUNTY BULKHEAD LN4E' sccoMing b
Ma Pied thereof ea named in Plot Book 74.111 Palo 9. Shall NO. 2
of Me Puna Romaa of Gado Canty, Rodeo; None along sold cola
the N45' 27 OrW3.073.09 Net Nance 1144' 3T 53' a 200.00 Net
b tax mid arrstely IgNohlay Iris at mkt "FUMenbeuo1 Comm
way'; Nana Wong sold Itydnkwey the N 45' 2707' W 3200 Mal
to the Palm of Beginning al the b9awng des0lbed parcel Oland;
Marc. continuo elan sob IbNcf-way Ono N 15' 22' 0r W 40.013
tent Nonce N44. 3r a' E 161.00 for thence 915' 27 or
220.001at Nana 514' ST 53'w 68.00 foot Nance 9 45 27 0r E
2a.00 reel; thence 41' 37 53' W 05.00 tam o the Pao el
Bo0bmng.
Containing 50.683 ware cola 1.398 sacs more aria .