HomeMy WebLinkAboutExhibit 1FOURTH AMENDMENT TO LEASE AGREEMENT
BETWEEN CITY OF MIAMI
AND
BISCAYNE BAY RESTAURANT CORPORATION,
A Florida Corporation, a wholly owned subsidiary of Specialty Restaurants Corporation, a
California Corporation, d/b/a Rusty Pelican
e,S0t 11,
TABLE OF CONTENTS
1. Incorporation of Recitals 2
2. Description of Premises .2
3. Amendment 2
Exhibit "A" Legal Description
Exhibit "B" Additional Lease Area
AMENDMENT NO. 4 TO LEASE AGREEMENT
THIS FOURTH AMENDMENT to Lease ("Fourth 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 BISCAYNE BAY RESTAURANT
CORPORATION, a Florida Corporation, a wholly owned subsidiary of Specialty Restaurants
Corporation, a California corporation, d/b/a Rusty Pelican ("Lessee").
RECITALS
A. Lessor and Lessee entered into a Lease Agreement dated February 13, 1970 (the
"1970 Lease Agreement") whereby the Lessor leased to Lessee the property described in Exhibit
"A" attached hereto (the "Property"), for the development and operation of a first class
waterfront restaurant now known as the Rusty Pelican Restaurant (the "Rusty. Pelican"). The
1970 Lease Agreement has been amended by a Supplemental Lease Agreement dated July 23,
1970, an Amendment No. 1 to Lease Agreement dated May 28, 1982, an undated Addendum to
Lease Agreement authorized by Resolution 89-508 adopted by the City Commission on June 7,
1989, an Amendment to Lease Agreement dated December 18, 2001, and an Amendment No. 3
to Lease Agreement dated November 19, 2009 (collectively the "Lease"); and
B. As a result of certain recommendations included in the EDSA Plan for a master
plan for the entire island of Virginia Key on which the Property is located, additional and
different capital improvements, approved through Amendment No. 3, were proposed by Lessee,
and Lessor agreed to and accepted the same; and
C. A new topographical survey of the Property determined that a portion of the
submerged lands needed by Lessee are outside of Lessee's lease area and are located in
Rickenbacker Marina, Inc.'s ("Rickenbacker") submerged lease area; and
D. In order for Lessee to complete its capital improvement requirement, approved in
Amendment No. 3, Lessor, Lessee, and Rickenbacker have agreed to modify their respective
legal descriptions to exclude said portion of submerged lands in Rickenbacker's lease area to
favor Lessee; and
E. The Parties agree that it is in the best interest of the Parties to modify the legal
descriptions of Lessee and Rickenbacker 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
receipt and sufficiency of which are hereby acknowledged, Lessor and Lessee agree to amend
the Lease as follows:
1. Incorporation of Recitals
The recitals and findings set forth above are hereby adopted by reference thereto and
incorporated herein as if fully set forth in this Amendment.
2. Description of Premises
Paragraph 1 of the Lease is hereby amended to read as follows:
Lessor and Lessee agree that approximately 522.72 square feet of Rickenbacker Marina's
submerged lands shall hereby be included in the leased property of Lessee, as more particularly
described in Exhibit "B" hereto.
3. Amendment.
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.
[SIGNATURE PAGE FOLLOWS]
2
written.
IN WITNESS WHEREOF, the parties have executed this Lease as of the date first above
"LESSOR"
Attest: CITY OF MIAMI, a municipal
corporation of the State of Florida
By:
Priscilla A. Thompson Tony E. Crapp, Jr., City Manager
City Clerk
APPROVED AS TO INSURANCE APPROVED AS TO FORM AND
REQUIREMENTS: CORRECTNESS:
Gary Reshefsky, Director
Risk Management Department
STATE OF )
) SS:
COUNTY OF )
By:
Julie O. Bru,
City Attorney
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.:
3
Name:
Notary Public, State of
[NOTARIAL SEAL]
"LESSEE"
BISCAYNE BAY RESTAURANT
Attest: CORPORATION
By: By:
Howard Bell, CEO
Print Name and Title Date
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.:
4
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 run north 89° 56' 49.5" west for a distance of 2,649.84 feet, more or less, to
a point of intersection with the center line of Rickenbacker Causeway as shown in Plat
Book 74, at Page 9, Sheet 2, of the Metropolitan Dade County Bulkhead Line; thence run
north 45° 22' 07" west along said center line of Rickenbacker Causeway and its
northwesterly prolongation thereof for a distance of 4,600.21 feet to a point; thence run
north 44° 37' 53" east for a distance of 520.00 feet to the Point of Beginning of the
hereinafter tract; thence run north 45° 22' 07" west for a distance of 546.39 feet to a
point; thence run south 60° 20' 29" west for a-10.07 feet to a point; thence run north 30°
48' 22" west for 28.97 feet to a point; thence run south 80° 35' 59" west for 17.20 feet to
a point; thence run north 29° 28' 50" west for 45.05 feet to a point; thence run north 45°
22' 07" west for 389.87 feet to a point; thence run north 44° 06' 48" east for a distance of
250.0 feet to a point; thence run south 45° 22' 07" east for a distance of 1,026.66 feet to a
point; thence run south 44° 37' 53" west for a distance of 250.00 feet to the Point of
Beginning. Containing 5.898 acres, more or less.
EXHIBIT "B"
ADDITIONAL LEASE AREA
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CAD CALCULATIONS
AREAS IN SQUARE FEET AND ACRES
NOTE;
THE OLD LEGAL DESCRIPTION BY CAD:
-Parcel No.2 Total Area. 21.041 Acres=
-Rusty Pellcao Area 5.886 Acres.
THE NEW LEGAL DESCRIPTION BY CAD:
-Parcel No.2 Total Area-21.029 Acre,'
-Rusty Pellcao Area-5.898 Acres
Differences between Old Legal Description end
New Legul Description;
-Parcel No.2: 21.041-21.029 - 0.012 Acres:
-Rusty Pelican: 5.898-5.886 - 0.012 Acres-1/4