HomeMy WebLinkAboutAmendment No. 4 - Outboard Club, IncAMENDMENT NO. 4 TO LEASE BETWEEN THE CITY OF MIAMI AND MIAMI
OUTBOARD CLUB, INC.
This Amendment is entered into this day of , 2013,
("Amendment #4") by and between the City of Miami, a municipal corporation of the
State of Florida ("Lessor"), and Miami Outboard Club, Inc. a non-profit corporation
("Lessee") for the purpose of further modifying that certain Lease between the City and
Lessee dated June 14, 1996 ("Lease"), as amended, as follows:
WHEREAS, Lessor leased to Lessee a portion of Watson Island for a term of
twenty years commencing on April 1, 1996 and expiring on March 31, 2016 with the
option to renew for two (2) additional five (5) year periods; and
WHEREAS, the parties amended the Lease on December 5, 2000 ("Amendment
#1), June 6, 2005 ("Amendment #2") and May 24, 2011 ("Amendment #3"); and
WHEREAS, Lessee desires to further amend the Lease to establish the parties'
responsibilities regarding an updated water and sewer system; and
WHEREAS, Lessor and Lessee agree that it is in the best interest of the parties
to allow Lessee to construct an updated water and sewer system to serve the Property,
subject to Lessee complying with all applicable laws, ordinances, and codes of federal,
state, and local governments.
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. Lessor shall enter into an agreement with Miami -Dade County, requiring Lessor
to construct certain improvements to update the water and sewer system for
Lessee's use ("WASA Agreement"). Lessee shall undertake the work required
pursuant to the WASA Agreement, in compliance all applicable laws, ordinances,
and codes of federal, state, and local governments.
2. Lessee shall remit to Lessor, concurrently with the execution of this Amendment
#4, the sum of sixty thousand dollars ($60,000), which shall be held by Lessor in
a non -interest bearing escrow account with the City of Miami, to cover the impact
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fees and any other cost Lessor may incur in performing its obligations pursuant
to the WASA Agreement ("WASA Deposit").
3. If there are no outstanding financial obligations to WASA upon the termination of
the WASA Agreement and completion of the project, then the Lessor shall fully
refund the WASA Deposit to the Lessee.
Except as specifically provided herein, all of the terms and provisions of the
Lease shall remain in effect.
THIS SECTION LEFT BLANK INTENTIONALLY
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IN WITNESS WHEREOF, the parties hereto have executed this Amendment to
the Lease Agreement on the day and year first above written.
LESSEE: Miami Outboard Club, Inc.
Witness:
By: By:
Signature Signature
Print Name Print Name and Title
By:
Signature
City of Miami, a municipal corporation
Attest of the State of Florida
By: By:
Todd Hannon
City Clerk
Johnny Martinez
City Manager
APPROVED AS TO FORM AND APPROVED AS TO INSURANCE
CORRECTNESS REQUIREMENTS
By: By:
Julie O. Bru
City Attorney
Calvin Ellis, Director
Risk Management Department
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