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AMENDMENT NO, 5 TO LEASE AGREEMENT
BETWEEN THE CITY OF MIAMI AND DOLORES, BUT YOU CAN CALL ME LOLITA, LLC
This Amendment No. 5 to the Lease Agreement (the "Amendment") is entered into by and between
the CITY OF MIAMI, a municipal corporation of the State of Florida (the "City" and/or "Landlord"), and
DOLORES, BUT YOU CAN CALL ME LOLITA, LLC, a Florida limited liability company ("Tenant").
RECITALS:
WHEREAS, the City entered into that certain Lease Agreement dated March 3, 1998 with. Alaniilla
and Associates, Inc ("Alamilla"), (i) as assigned by Assignment & Assumption of Lease Rights dated
February 20, 1998 by and between Alamilla and Firehouse IV of Miami. Inc., a Florida corporation
("Firehouse"), which assignment was approved by Landlord pursuant to that certain Consent by Landlord
dated March 3, 1998, (ii) as amended by Amendment to Lease Agreement dated February f, 2001, by and
between Landlord and Firehouse, (iii) as assigned by Assignment & Assumption of Lease Rights dated June
6, 2002, by and between Firehouse and New Spanish Concepts, LLC, a Delaware limited liability company
("New Spanish"), which assignment was approved by Landlord pursuant to that certain Consent by
Landlord dated June 2, 2002, (iv) as amended by Second Amendment to Lease Agreement dated June 13.
2002, by and between Landlord and New Spanish ("Second Amendment"), (v) as amended by Amendment
No. 3 to Lease Agreement dated August 1, 2003, by and between Landlord and New Spanish, (vi) as
amended by Amendment No. 4 to Lease Agreement dated March 19, 2007, by and between Landlord and
New Spanish, and (v) as assigned by Assignment & Assumption of Lease Rights dated June 7, 2007, by and
between New Spanish and Tenant (collectively, as so assigned and amended, the "Lease") for the leasing,
management and operation ofa restaurant on City -owned property, legally described on Exhibit A. attached
hereto and made a part hereof, commonly known as 1000 South Miami Avenue, Miami, Florida (such
property, together with the building and improvements located thereon, are hereinafter referred to as the
"Premises"); and
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WHEREAS, Tenant has exercised the second and last renewal option under the Lease and as such
the Lease is set to expire on April 1, 2023 ("Lease E,iration Date"); and
WHEREAS, Tenant is requesting Landlord to extend the Lease Expiration Date to June 30, 2029
(i.e. an additional period of six (6) years and three (3) months) (the "Lease Extension") in order to amortize
the cost of certain capital improvements that Tenant has or is planning to perform on the Premises, which
are more particularly described on Exhibit B, attached hereto and incorporated herein by reference (the
"Capital Improvements"); and
WHEREAS, pursuant to Section 29-B of the City Charter of the City of Miami, Tenant is making
this request for a Lease Extension within the last five (5) years of the Lease Expiration Date for period of
time that does not exceed 25% of the original Tenn of the Lease.
WHEREAS, the parties have agreed to further extend the Term of the Lease as set forth herein and
adjust the annual Rent to current fair market value based on an appraisal ordered by Landlord and
consequently amend the Lease going forward to eliminate Annual Percentage Rent.
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. Incorporation of Recitals; Definitions: The recitals and findings set forth above are hereby
adopted by reference thereto and incorporated herein as if fully set forth in this Amendment. All of the
initial capitalized terms used in this Amendment shall, unless otherwise provided herein, have the same
definitions and meanings as given to them in the Lease.
2. Amendment Effective Date: The effective date of this Amendment shall be the date upon which it
is executed by the City Manager and Tenant, with the later of such execution dates being the controlling
effective date (the "Amendment Effective Date"). Tenant shall execute this Amendment no later than ten
(10) days following City Commission approval of this Amendment.
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3. Defined Terms. All references in the Lease to the term "Annual Percentage Rent" are hereby
deleted. All references in the Lease to the term "Minimum Annual Rent" shall be amended to say "Annual
Rent" wherever such term appears in the Lease.
4. Rentable Square Footage. The parties agree that based on those certain floor plans prepared by
CEC Engineering, Inc. and attached hereto as Exhibit B the total rentable square footage of the leased
Premises is 9,365 square feet.
5. Section 4.3. Section 4.3 of the Lease as was amended and restated in its entirety in the Second
Amendment entitled "Amount of Annual Percentage Rent" is hereby deleted in its entirety.
6. Section 4.4. Section 4.4 of the Lease as was amended and restated in its entirety in the Second
Amendment entitled "Payment of Annual Percentage Rent Installments" is hereby deleted in its entirety.
7. Section 4.6: Section 4.6 of the Lease was amended and restated in its entirety in the Second
Amendment. Section 4.6 entitled "Rent Adjustment" as previously amended is hereby amended by adding
the following immediately below the existing Rent table for the First and Second Renewal Terms:
LEASE YEAR
(column 1)
ANNUAL RENT (column 2)
26
$889,675
(4/1/2023-3/31/2024)
(based on $95/SF)
27
$889,675
(4/ 1 /2024-3/31 /2025)
28
$889,675
(4/ 1 /2025-3/31 /2026)
29
$916,365
(4/1/2026-3/31/2027)
(3% increase in Lease Year 29)
30
$916,365
(4/ 1 /2027-3 /31 /2028)
31 plus 3 months
$916,365
(4/ 1 /2028-6/3 0/2029)
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8. Lease Extension. The term of the Lease shall be extended for a term of six (6) years and three (3)
months ("Third Renewal Term") from April 2, 2023 through July 1, 2029, subject to the terms and
conditions set forth herein and the Lease (the original 15-year Term, as extended by the First Renewal Term,
Second Renewal Term and Third Renewal Term shall collectively be referred to as "Term").
9. Capital Improvements. Tenant has completed the Capital Improvements set forth on Exhibit C
with an aggregate cost of $268,424.51, except for the below -listed to be completed items, with an estimated
aggregate cost of $46,050.00 ("Outstanding Capital Improvements").
a. Remove existing staircase with landing and damaged column;
b. Dispose of debris to dumpster and clean area;
c. Mobilization of heavy equipment needed for construction;
d. Fabricate and install a new metal staircase, columns and landing; and
e. Attach to concrete structure.
All of the Outstanding Capital Improvements will be completed on or before April 30, 2023, subject only
to Force Majeure, unless an alternative date is mutually agreed upon by the parties hereto.
10. Proposed Future Capital Improvements. Tenant is currently in the planning stages of a complete
remodel and renovation of the downstairs bar area. Tenant plans to purchase and install all new furniture,
fixtures, and equipment and the project will involve both the indoor and outdoor ground floor area. Tenant
anticipates that these proposed future capital improvements will cost Tenant approximately $500,000.00 to
complete.
11. Section 1.1(h). Section 1.1(h) of the Lease is hereby deleted in its entirety and hereby replaced with
the following:
"Force Majeure" means any period of delay which arises from or through Acts of God; strikes,
lockouts or labor difficulty; explosion, sabotage, accident, riots or civil commotion; acts of war, fire,
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flood or other casualty; restrictions or delays by any governmental or utility authority or any court
of law; terrorism; governmental actions or legal requirements; civil disturbances, pandemics,
epidemics, quarantines or other public health crises; delays caused by the other party; and causes
beyond the reasonable control of a party.
12. Section 8.1, 8.2 and 8.3. Section 8.1, 8.2 and 8.3 of the Lease is amended and restated in its entirety
to read as follows:
Section 8.1 Insurance on the Premises.
Beginning on the Lease Date and at all times during the Lease Term, Tenant shall,
at the Tenant's sole cost and expense but for the benefit of the Landlord and the Tenant's as their
interests may appear, maintain the following insurance:
(a) "All Risk" or Direct Loss of Physical Damage with no coinsurance including wind
and named storm, along with earth movement and flood. Coverage should be included for debris
removal, extended coverage, and demolition and increased cost of construction that are caused by
legal requirements regulating the construction or repairs of the damaged property, including ordinance
and law coverage. The policy shall also include coverage for terrorism and sprinkler leakage and
boiler and machinery, if applicable. The property policy shall cover One Hundred Percent (100%)
of the replacement cost or valuation of the Premises or building (exclusive of foundation and
excavation costs), Tenants alterations, improvements, fixtures, equipment, furniture, trade fixtures
and floor coverings, including the expense of the removal of debris as a result of damage by an insured
peril (collectively "Insured Premises") on the Premises. Deductibles for such insurance coverage
shall not exceed ten thousand dollars ($10,000) for all perils and five percent (5%) of the insured
value for wind, storm and hail. The Landlord and Tenant shall be named as Loss Payee on this
coverage.
Unless expressly waived in writing by the Landlord, the replacement cost
of the Insured Premises shall be determined every five (5) years during the Lease Term by an
insurance appraiser, selected and paid for by the Tenant, provided that the Tenant shall obtain the
Landlord's approval (which approval shall not be unreasonably withheld) of the appraiser before
commencement of the appraisal. The appraiser selected by the Tenant shall submit a written report
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of the appraised replacement cost to the Landlord and the Tenant. If the Landlord or the Tenant is not
satisfied with this report, the dissatisfied party shall serve upon the other a notice of dissatisfaction
within thirty (30) days after receipt of the report and the Landlord and Tenant shall in good faith
attempt to resolve any disputes concerning the appraised replacement cost. During this period of the
dispute, the Tenant shall continue to maintain insurance in an amount equal to the greater of the
amount determined by the appraiser or that maintained before the dispute arose.
Immediately upon receipt of the appraiser's report, the Tenant shall procure and deliver to
the Landlord written confirmation from the insurer(s) evidencing the increase in insurance which may
be required to comply with the provisions above.
(b) Business Income with adequate limits to meet the Minimum Annual
Rent and the debt service payment for the Leasehold Improvements and any other mortgages which
include the pledging of the Leasehold Estate. The Landlord shall be named as a loss payee.
Section 8.2 Other Insurance To Be Carried.
The Tenant shall also, at the Tenant's sole cost and expense but for the mutual benefit
of the Landlord and the Tenant maintain the following insurance:
(a) Commercial General Liability, including contractual liability, products and
completed operations, personal injury, liquor liability, garage keepers liability, if applicable and
premises and operations coverages against all claims, demands or actions, bodily injury, personal
injury, death or property damage occurring on the Premises, the limits of which shall not be less than
one million dollars ($1,000,000) per occurrence, $2,000,000 policy aggregate protecting against
bodily injury and property damage, with a maximum deductible of ten thousand dollars ($10,000).
This policy shall be written on a primary and non-contributory basis. Landlord must be listed as
additional insured on this coverage.
(b) (b) Umbrella Liability Tenant shall further maintain an excess umbrella policy
which limits of at least $5,000,000 per occurrence and policy aggregate. The umbrella policy must be
excess over the general liability, auto and liquor policies. The Landlord must be listed as additional
insured on this policy.
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(c) Automobile liability insurance covering all owned, non -owned and hired vehicles
used in conjunction with operations covered by this Agreement with limits of at least $500,000 per
accident. Landlord must be listed as additional insured on this coverage.
(d) Workers Compensation Insurance subject to the statutory limits of the State of
Florida.
(e) The Landlord reserves the right to reasonably amend the herein insurance
requirements by the issuance of a notice in writing to the Tenant, which amended insurance
requirements shall be subject to the reasonable approval by Tenant, which approval shall not be
unreasonably withheld.
Section 8.3 Delivery of Insurance Policies.
All policies of insurance required herein shall be made available to Landlord upon
request. Insurance settlements shall be distributed in accordance with the terms of this agreement.
Insurance company certificates evidencing the existence of all of these policies of insurance shall be
delivered to the Landlord. All policies of insurance required to be provided and obtained shall provide
that they shall not be amended or canceled on less than thirty (30) days prior written notice to the
Landlord and all insured and beneficiaries of the policies shall contain waiver of subrogation rights
endorsements, as required below. The Landlord shall have no obligation to pay premiums or make
contributions to the insuring company or any other person or satisfy any deductible. On or before the
Lease Date and not less than thirty (30) days prior to the expiration date of any policy required to be
carried pursuant to this Section, the Tenant shall deliver to the Landlord the applicable respective
policies and insurance company certificates evidencing all policies of insurance and renewals required
to be furnished. Receipt of any documentation of insurance by the Landlord or by any of its
representatives which indicates less coverage than required does not constitute a waiver of the
Tenant's obligation to fulfill the insurance requirements herein
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subrogation rights endorsements, as required below. The Landlord shall have no obligation
to pay premiums or make contributions to the insuring company or any other person or
satisfy any deductible. On or before the Lease Date and not less than thirty (30) days prior
to the expiration date of any policy required to be carried pursuant to this Section, the Tenant
shall deliver to the Landlord the applicable respective policies and insurance company
certificates evidencing all policies of insurance and renewals required to be furnished.
Receipt of any documentation of insurance by the Landlord or by any of its representatives
which indicates less coverage than required does not constitute a waiver of the Tenant's
obligation to fulfill the insurance requirements herein. •
13. Miscellaneous. This Amendment shall be construed and governed in accordance with the
laws of the State of Florida. This Amendment may be executed in any number of counterparts and
by the separate parties hereto in separate counterparts, each of which shall be deemed an original,
but all of which shall constitute one and the same instrument. The parties shall be entitled to sign
and transmit an electronic signature of this Agreement (whether by facsimile, PDF or other email
transmission), which signature shall be binding on the party whose name is contained therein. To
the extent that any terms or provisions of this Amendment are inconsistent or conflict with the
terms and conditions of the Lease, the terms and conditions of this Amendment shall control.
Except as specifically provided herein, all of the terms and provisions of the Lease shall remain in
effect.
[Signature page to follow]
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IN WITNESS WHEREOF, Lessor and Lessee have executed this Lease.
Attest:
DOLORES, BUT YOU CAN CALL ME
LOLITA, LLC, a Florida limited liability
company
By:
Signature Signature
Print Name and Title
Attest
By:
Todd B. Hannon
City Clerk
Print Name and Title
CITY MIAMI, a municipal corporation of
the State of Florida
By:
Arthur Noriega V
City Manager
Approved As To Form and Correctness Approved As To Insurance Requirements
By:
Victoria Mendez
City Attorney
By:
Ann -Marie Sharpe
Director of Risk Management
9
4869-3813-7882, v. 6
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EXHIBIT A
LEGAL DESCRIPTION OF LAND
The North 100 feet of Lots 1, 2 and 3, Block 74, of CITY OF MIAMI SOUTH, according to the
Plat thereof recorded in Plat Book "B", Page 41, of the Public Records of Miami -Dade County,
Florida.
10
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6,233 SF
L2 Indoor Area:
3,132 SF
Total Indoor Area: 9,365 SF
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EXHIBIT C
COMPLETED CAPITAL IMPROVEMENTS
South exterior concrete fence wall restoration, sealing and painting. Cost - $ 3200.00
Plus all Capital Improvements shown in the below Estimate from Florida Atlantic General
Contracting LLC, except for the work for the "Staircase" which is part of the Outstanding
Capital Improvements.
Plus all Capital Improvements shown in the below Invoices numbered 2232 and 2233 from
Florida Atlantic General Contracting LLC for the "Renovation of bar area" (upstairs bar area).
[See following page]
13
4869-3813-7882, v. 6
Florida Atlantic General. ontr:actitrg LLC
5601 1?dsweitiue Road Suite 4O15
Ft. Lauderdale, FL 343309
Office: 754-204464
Eita�il:floridaat3:uticgOpot rail.ccru
VCGC 1524h2.
TO: Dolores But You. Cau Call lie Ledit ,
10,043 S.Miami Avenue
Miami, FL
THIS DOCUMENT IS A SUBSTITUTION
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ESTIMATE
E
ESTThLATE NO: i 11w-15
llATE:11f25,01P
DEsciarrbaN
°t~Txr.
This budged is based on the priority weeds of refdrrur and maintenance by wear and dainwged from use.
Revision of approved once and :is given a. budget based on the details of architecture and ewgimeering..
Scope::l`enovations„ restorations,:repairs, and maintenance of different :testament area.
Roof of (Flat ;Roof System and 'Tile
• Remove existing:roof down to workable -snr c:e.
• Install. 2-inch IaO set in hot aarphilt:
• Ins:taall reaubpressed.wood.:fiber, can strip where roof • dechJoins:parape:t wall.
• Install l Layer of CertainTeed Flinrla ric'TIltra ply SMS Base Sheet set in hot asphalt.
• Install newt lead shields and galvani ,ed roof -vents au.all pipes protruding goof deck.
• Install new Scupper and overloaw Sczitrper: as per code.
• AIL AK: stand legs will be done in,'Cbene-cmry penetration details and portablte. sealer.
• Instail Emil layer with CectaeahTeed Flintlaastic FRPsea inLmt. asphalt.
• Reinf rc;e:perime ter parapet utagi.. with modified rubber F intlaastiic GMS set in.:hat
asplalt.
• Install Aluminum termination bar with drive pins were applicable..
• ;Seal tarp of ternnination bar with Modified rooting cement and ineanbrzine_
• Install. Stucco stop with tip.
• Replace All the loaf, matching the ,existing.
• Haul away all roofing debris, Leaving preinis'es in a Clean condition
• Ne w:flat roof system will cam, a 2-year warranty labor from contractors and 24 P,:IIL
warranty fruit[ Manufacture (NDI cost is additional).
$105.,O00.00
Gutter
• Replace the existing glitters.
`394150.00
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Elterier Building Weals
34-6X0„00
It Restore all exterior httilding walls including concrete restoration, Mier repairs,: caulk,
waterproofing, :and sealing all penetrations.
e: Apply stucco and finish to match. existing,
Faint Exterior
$.18,AiNt.00
e Pressure -wash all budding walls, win:dows, doors, sidewalks, ,driveways and patios
e Caulking windows :and doors
e Apply one coat of primer and :two coats of It fintaki. color -paint. (including ell wed
board, molding, wood. paneling, doors, irialis and railings)
Staircase
21,050.00
$
• .Remiceve existing staircase with teinding and damaged codureil
e Dispose: of debris to dunapster and ,clean up area
e Mobilizatioa of heavy equipment :needed for construction
e: FM:trice-le and install a new metal stairca.se„ columns !and landing;
e Attach 10 concrete. Manaus
-
SUB TOTAL
-
320m10..01)
CONSTRUCTION MANAGER .FEE AND OVERHEAD
&2,0pat Ai°
FRO.EIT OF THE COST of THE WORK
$:20,,091.0,0
TOTAL
$.241,092.:00
Permit Fees iture No Tikdd.
Quoted price does not: nidid materials as noted Slik:It P15: SbOw&. doors, sink, counters, desigsa or mosaics,
moldings„ plumbing,. paint, caulk, bath. cabinet., :marble., etc. Customer to purchase these twins or we can:purchase
:certain items on customer belielf :as asneed ILIMEIL to he later reinibursed for these:material expenes.
Quote also does not included the following: Any repairs- to existing flooring no wort included in :existing
:employee tonne% ronfing„ wink in existing conferenice room and plumbing regarding grease:trap.
Architect Not Included
'The above quote:I:prices do not include Architect drawings we NIA: with the architects :and can assist with this
if:needed.
If :this quotation.is :accepted, any actions necessary to enforce the tams and conditions of This contract shall.
entitle Florida Adentic General Contracting:to payment of -all reasonable 11.IEd. uecessary a:ttorney fees incurred -in
prosecuting said action.
'THANK YOU FOR YOUR BUSINESS
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4869-3813-7882, v. 6
Florida Atlantic General Contracting LLC
5601 Power/ine Road Suite 406
Ft Lauderdale, FL 3330g
Office: 754-.200-4464
Email: floridaatlainicgcqhotinail.com
CGC 16'14029
TO: Dolores But You Can Call Me Llita
1000 S. Miami Ave
Miami, FL 33130
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INVOICE
INVOICE NO; 2232
DATE1 11/16/202.2
DESCRIPTION
TOTAL
'COPE OF WORK: Renovation of ar area
DEMOLITION
• Demo existing bar includes walls and counters chairs equipment, plumbing
disconnection, framing
• Dunipster including haul away
REBUILD
• Redo framing for flooring, level with existing concrete floor, install roof felt, install
mortar cement
• Build a new frame for new location of bar area — materials and labor
• Install cement board and plywood for bar to frame wall — material included
• Install new flooring and interior wall
ELECTRICAL
• Install new electrical switches and outlets for refrigerator, lighting and computer
outlets and ine cooler sangria machine
PLUNIBING
• Repair existing drainage system, install new floor drain
• Run new cold and hot water for dishwasher and sink
• Run new drains for ice basin, sink etc.
FINISH E
• Install the new tile design with the locker door design in front of bar wall
• Fabrication and install of quartz countertop
• Fabrication and install of glass shelves for new built in
• Install aluminum frame to attach and install new shelving
• Move and place, new equipment in -eet location
• Install new equipment
• Prepare plumbing and electrical connections for new equipment
• Clean up
S2,480.00
$1,820.00
3,200.00
$2,700.00
S2,800.00
S1,840.00
$1,350.00
S880.00
S1,100.00
$1,650.00
$11,281.71
$1,580.80
S1,400.00
S650.00
S840.00
$725.00
S625.00
TOTAL A111.101:1NT $3622.61
AMOUNT DUE NOW S29,638,00
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4869-3813-7882, v. 6
Florida Atlantic General ContractingCnratiug LLC
5601 Powerline Road Suite 406
Ft. Lauderdale, FL 33309
Office: 754-200-4464
floridaatlauticgcliilonnaiLconi
CGC 1524029
TO: Dolores But You Can Call Me Lolita
1000 S. Miami Ave
Miami, FL 33130
THIS DOCUMENT IS A SUBSTITUTION
TO ORIGINAL. BACKUP ORIGINAL CAN
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INVOICE
INVOICE NO: 2233
DATE: 11,016,2022
DESCRIMON
TOTAL ..
SCOPE OF WORK: Bar Cabinetry
Installation of new cabinetry
• Fabrication of 2 bar cabinet 100" W x 24" D x. 72" H
• Installation of 2 uew bar cabinet
NOT INCLUDED - LED Ligbting and shelves
TOTAL
S8,190.00
AMOUNT DUE NOW
S8,190.00
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4869-3813-7882, v. 6
SUBSTITUTED
AMENDMENT NO. 5 TO LEASE AGREEMENT
BETWEEN THE CITY OF MIAMI AND DOLORES, BUT YOU CAN CALL ME
LOLITA, LLC
This Amendment No. 5 to the Lease Agreement (the "Amendment") is entered i o by and
between the CITY OF MIAMI, a municipal corporation of the State of Florida (the City" and/or
"Landlord"), and DOLORES, BUT YOU CAN CALL ME LOLITA, LLC, Florida limited
liability company ("Tenant").
RECITALS:
WHEREAS, the City entered into that certain Lease Agre ent dated March 3, 1998 with
Alamilla and Associates, Inc ("Alamilla"), (i) as assigned by ssignment & Assumption of Lease
Rights dated February 20, 1998 by and between Alami a and Firehouse IV of Miami, Inc., a
Florida corporation ("Firehouse"), which assignmen as approved by Landlord pursuant to that
certain Consent by Landlord dated March 3, ' 98, (ii) as amended by Amendment to Lease
Agreement dated February 6, 2001, by and etween Landlord and Firehouse, (iii) as assigned by
Assignment & Assumption of Lease
New Spanish Concepts, LLC,
assignment was approved by L
hts dated June 6, 2002, by and between Firehouse and
laware limited liability company ("New Spanish"), which
dlord pursuant to that certain Consent by Landlord dated June 2,
2002, (iv) as amended by econd Amendment to Lease Agreement dated June 13, 2002, by and
between Landlord and ew Spanish ("Second Amendment"), (v) as amended by Amendment No.
3 to Lease Agreei ► ent dated August 1, 2003, by and between Landlord and New Spanish, (vi) as
amended by , mendment No. 4 to Lease Agreement dated March 19, 2007, by and between
Landlord .nd New Spanish, and (v) as assigned by Assignment & Assumption of Lease Rights
date. une 7, 2007, by and between New Spanish and Tenant (collectively, as so assigned and
ended, the "Lease") for the leasing, management and operation of a restaurant on City -owned
1
SUBSTITUTED
property, legally described on Exhibit A, attached hereto and made a part hereof, commonly known
as 1000 South Miami Avenue, Miami, Florida (such property, together with the building
improvements located thereon, are hereinafter referred to as the "Premises"); and
WHEREAS, Tenant has exercised the second and last renewal option under t - Lease and
as such the Lease is set to expire on March 2, 2023 ("Lease Expiration Date");
WHEREAS, Tenant is requesting Landlord to extend the Lease Exation Date to June
2, 2029 (i.e. an additional period of six (6) years and three (3) months) (t e "Lease Extension") in
order to amortize the cost of certain capital improvements that Tenan as or is planning to perform
on the Premises, which are more particularly described on xhibit B, attached hereto and
incorporated herein by reference (the "Ca.ital Im
roveme
'); and
WHEREAS, pursuant to Section 29-B of the C Charter of the City of Miami, Tenant is
making this request for a Lease Extension within a e last five (5) years of the Lease Expiration
Date for period of time that does not exceed 2 ,''/o of the original Term of the Lease.
WHEREAS, the parties have ag , ed to further extend the Term of the Lease as set forth
herein and adjust the annual Rent to urrent fair market value based on an appraisal ordered by
Landlord and consequently ame the Lease going forward to eliminate Annual Percentage Rent.
NOW, THEREFO ' , in consideration of the mutual covenants hereinafter set forth and
in consideration of othe aluable consideration the parties covenant and agree as follows:
1. Incor orat n of Recitals- Definitions: The recitals and findings set forth above are
hereby adopted • y reference thereto and incorporated herein as if fully set forth in this Amendment.
All of the i itial capitalized terms used in this Amendment shall, unless otherwise provided herein,
have t e same definitions and meanings as given to them in the Lease.
2
4869-3813-7882, v. 5
SUBSTITUTED
2. Amendment Effective Date: The effective date of this Amendment shall be the date upon
which it is executed by the City Manager and Tenant, with the later of such execution dates be
the controlling effective date (the "Amendment Effective Date"). Tenant shall exec . to this
Amendment no later than ten (10) days following City Commission approval of this endment.
3. Defined Terms. All references in the Lease to the term "Annual Perc: tage Rent" are
hereby deleted. All references in the Lease to the term "Minimum Annual R-. t" shall be amended
to say "Annual Rent" wherever such term appears in the Lease.
4. Rentable Square Footage. The parties agree that based on those certain floor plans
prepared by CEC Engineering, Inc. and attached hereto as E ibit B the total rentable square
footage of the leased Premises is 9,365 square feet.
5. Section 4.3. Section 4.3 of the Lease as was mended and restated in its entirety in the
Second Amendment entitled "Amount of Annual P rcentage Rent" is hereby deleted in its entirety.
6. Section 4.4. Section 4.4 of the Leas: as was amended and restated in its entirety in the
Second Amendment entitled "Payment o Annual Percentage Rent Installments" is hereby deleted
in its entirety.
7. Section 4.6: Section 4.. of the Lease as was amended and restated in its entirety in the
Second Amendment and e ' tled "Rent Adjustment" is hereby amended by adding the following
immediately below the ' xisting Rent table for the First and Second Renewal Terms:
/
LEASE YEAR
(column 1)
ANNUAL RENT (column 2)
26
$889,675
(3/2/2023-3/1/2024)
(based on $95/SF)
27
$889,675
(3/2/2024-3/1/2025)
3
4869-3813-7882, v. 5
SUBSTITUTED
28
(3/2/2025-3/1/2026)
$889,675
29
$916,365
(3/2/2026-3/1/2027)
(3% increase in Lease Year 29)
30
$916,365
(3/2/2027-3/1/2028)
31 plus 3 months
$916,365
(3/2/2028-6/2/2029)
8. Lease Extension. The term of the Lease shall be extended for a tof six (6) years and
three (3) months ("Third Renewal Term") from March 2, 2023 thro . gh June 2, 2029, subject to
the terms and conditions set forth herein and the Lease (the origi
1 15-year Term, as extended by
the First Renewal Term, Second Renewal Term and Third ' enewal Term shall collectively be
referred to as "Term").
9. Capital Improvements. Tenant has recentl completed the Capital Improvements set forth
on Exhibit C with an aggregate cost of $268,4,4.51, except for the below -listed to be completed
items, with an estimated aggregate cost of '.46,050.00 ("Outstanding Capital Improvements").
a. Remove existi : staircase with landing and damaged column;
b. Dispose of
ebris to dumpster and clean area;
c. Mobili . tion of heavy equipment needed for construction;
d.
a
icate and install a new metal staircase, columns and landing; and
e. Attach to concrete structure.
All of the Outst. ding Capital Improvements will be completed on or before April 30, 2023,
subject only
Force Majeure, unless an alternative date is mutually agreed upon by the parties
hereto. addition, Tenant is currently planning a complete remodel and renovation of the
dowstairs bar area. This renovation will involve the indoor and outdoor ground floor areas
cluding the construction of new fixtures and the installation of new equipment. Tenant
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4869-3813-7882, v. 5
SUBSTITUTED
anticipates that these proposed future capital improvements will cost Tenant in excess o
$200,000.00 to complete.
10. Section 1.1(h). Section 1.1(h) of the Lease is hereby deleted in its entirety and ereby
replaced with the following:
"Force Majeure" means any period of delay which arises from or throu Acts of God;
strikes, lockouts or labor difficulty; explosion, sabotage, accident, riot or civil commotion;
acts of war, fire, flood or other casualty; restrictions or delays sy any governmental or
utility authority or any court of law; terrorism; governmental : ctions or legal requirements;
civil disturbances, pandemics, epidemics, quarantines o other public health crises; delays
caused by the other party; and causes beyond the re . sonable control of a party.
11. Miscellaneous. This Amendment shall be con ed and governed in accordance with the
laws of the State of Florida. This Amendment ma . e executed in any number of counterparts and
by the separate parties hereto in separate cou erparts, each of which shall be deemed an original,
but all of which shall constitute one an. 'he same instrument. To the extent that any terms or
provisions of this Amendment are i r onsistent or conflict with the terms and conditions of the
Lease, the terms and conditions ; this Amendment shall control. Except as specifically provided
herein, all of the terms and ovisions of the Lease shall remain in effect.
[Signature page to follow]
5
4869-3813-7882, v. 5
SUBSTITUTED
IN WITNESS WHEREOF, Lessor and Lessee have executed this Lease.
Attest:
Signature
Print Name and Title
Attest
By:
DOLORES, BUT YOU CAN CAL E
LOLITA, LLC, a Florida limited 1 . bility
company
By:
Signature
Print Name an Title
CITY ►- IAMI, a municipal corporation of
the ate of Florida
City Clerk City Manager
Approved As To Form and Correctness
By:
City Attorney
6
4869-3813-7882, v. 5
SUBSTITUTED
EXHIBIT A
LEGAL DESCRIPTION OF LAND
The North 100 feet of Lots 1, 2 and 3, Block 74, of CITY OF MIAMI SOUTH, accordin to the
Plat thereof recorded in Plat Book "B", Page 41, of the Public Records of Miami -Dad- County,
Florida.
7
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•
FIRST FL{J1 R PLAN
I-E -1 FX E
L
E T LE
Li Indoor Area
6,233 SF
L2 Indoor Area:
3,132 SF
Total Indoor Area:
9,365 SF
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SECOND FLOOR PLAN
I IT HE
U
1 I IT HE
E E l' E
E'
EL
Ll Indoor Area
6,233 SF
L2 Indoor Area:
3,132 SF
Total Indoor Area:
9,365 SF
t
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SUBSTITUTED
EXHIBIT C
COMPLETED CAPITAL IMPROVEMENTS
South exterior concrete fence wall restoration, sealing and painting. Cost - $ 320►.00
Plus all Capital Improvements shown in the below Estimate from Florida Atlanti • General
Contracting LLC, except for the work for the "Staircase" which is part of the • tstanding
Capital Improvements.
Plus all Capital Improvements shown in the below Invoices numbered 2 2 and 2233 from
Florida Atlantic General Contracting LLC for the "Renovation of bar . ea" (upstairs bar area).
[See following page]
10
4869-3813-7882, v. 5
SUBSTITUTED
Florida Atlantic Geieral Contracting LLC:
5d0 1 Powettaie Road Suite 406
F4. Lauderdale_ FL 33309
Office: 754-200 .1164
Eua 1. floridaatlsnticgc;u_*Iniasl.com
CGC 152S029
TO; Dolonzs But Ycru Can Call Me Lahti
1000 S. Miami Avenue
rz
ETI\I,.TE
ES -%.IE NO: 1115-18
DATFE:Y1r25I19
DEWY:B Io
TOTAL -
Fhi= budget is based OD the priority needs of reform and - •tenant be wear and damaged
RerL:ion of approved once and is given a budget based n Ike details of architecture and engineering.
Scope: Renovations, restorations_ repairs; and mainto Fire of different restaurant area.
from nIe-
Roof (Flat Roof System and Mel
S 105.000.00
+ Remove etisti.na roof down to Norkab . surEire.
+ Install 2-inch ISO set in hoe asphal
• Instal] compressed wood fiber. c a strip where roof deck jDIMS parapet wall.
• Instal] 3 Lager of C'ertainfered ' 'adeistic Ultra Ply 5MS Base Sheet set in hot asph:.]:
+ Instal] new lead shields and -f. +,anized roof rents oa.aIl pipes protruding roof deck.
+ Install new Scupper and o rflow Snappers as per code.
• ALI A2C stand legs will , e dame w Clem-curc penetration details and portable sealer.
• Install final laver wi -. C'ertamTeed Fliat]astic FRP set in hart asphalt.
• Reinforce perinte - parapet wall with modified rubber Fluallastic GMS set in hat
asphalt.
+ Install ethers" , 1n tennin.tion bar with drive pins were applicable.
+ Seal top of . •mthi tion bear with Modified roofing cement and membrane.
• Install S. cco stop with Lip.
• Repla all tile roof, matching the existng.
+ Ha away all roofing debris. tearing premises in a clean condition.
• 1 • fiat SOD fsysie n will carry a 2-year warranty labor final conaactors and 2O 1tiDL
• .arranry from Manufacture (NEIL cost is additional).
Ga r
S9,460.O0
Replace the existing Queten-
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4869-3813-7882, v. 5
SUBSTITUTED
E i t eric r Building Walls
$46,80.0.00
• restore all exterior bull 'ding walk i cludina c ncr to restoration, rebrar repairs: caulk,
waterproofing. and sealing all penetrations.
a Apply stucco and finish to match existing
Part Exterior
Si'.60;2.00
■ Pressure wash on building walls, windows, doors. sidewalks. driveways and patios
• Caulking windows and doors
• Apply one C035 of primer and two crass of latex finish color pains. (induding all wall
board.malding-wood.paneing doors. trims and tailings)
Staircase
S`?:,0?0.00
r Remol"R ea:35rn a Staircase with lands a and damaEad Column
• Dispose of debris to dustinter and clean up area
• Mobilization of hear equipment needed for constriction
• Fabricate and wscall :3 new metal staircase: columns and landing.
• Attach VI concrnte structure
TOTAL
$100.910. 00
CONSTRUCTION MANAGER FEE Ai OVERHEAD
S O.091.40
PROFIT OF THE COS OF THE WORK
S20,091.0O
TOTAL
S241,092.00
Permit Fees sre Not Inclut,ed-
Quoted price does nor include materials as noted such as: -ner doors, sink. counters. design or mosaics,
moldings, plumbing, paint, caulk, bash cabinet. marble. etc. +ussomtter to purchase these items orwwe canpurchase
certim items on customer behalf as agreed upon to be lot reimbursed for these material evp ense5
Quore also does not included die following: Any pairs to Existing floonng, no work included in existing
employee lounge. roofing. work in existing confer- .ce =oom and plumbing regarding greese trap.
_Archirect Not Included
The above quoted prices do not include Ar . 'test drawinss we work with the architects and can assist with bolo
if needed
If this quotation is accepted any a• ons necessary to enforce she terms and conditions of this contract shall
entitle Florida Atlantic G-eneral C >. tracing to payment of all reasonable and necessary attorney fees incurred in
prmsecudng said ac non.
THANE: you FOR YOUR RUMNESS
12
4869-3813-7882, v. 5
SUBSTITUTED
Florida Atlantic General Contracting LLC
5601 Pavrerliue Road Suite 406
Ft Lauderdale, FL 33309
Office: 754-200-4464
Email floridaatlanticgo hotmarlcom
CGC 1524029
TO; Dolores But You Can Call Me Lolita
1000 S Miami Ave
Miami FL 33130
I VOI
INVOICE N0: 2232
DATE; 11:15:2022
DESCRIPTION
TOTAL
SCOFE OF WORK: Renovation of bar area
DEMOLITION
S2,480.00
• Demo existing bar includes walls and counters cha. s equipment_ plumbing
disconnection. framing
• Dumpster includine haul away
S 1,820.00
REBUILD
• Redo framing for flooring_ level with ex .' ' . g concrete floor, mstall roof felt, install
mortar cement
S3,200.00
• Build a new frame for new location •. bat' area — materials and labor
• Install cement board and plgwroo. or bar to frame wail — malaria! included
S2,700.00
• Install new floormg and interior • all
S2.800.00
ELECTRICAL
• Install new electrical swates and outlets fox refrigerator, lighting and computer
outlets and wine cooler-angria machine
S 1,840.00
PLUMBING
• Repair existing + . usage system, xnvstall new floor dram
S 1,350.00
+ Rim new cold . , d hot water for dishwasher and sink
S88.0.00
• Run new dra . for ice basin_ sink etc_
S1,100.00
FINISH
• Install , e new de design with the locker door design in front of bar wall
S 1,650_00
• Fabr ation and install of quartz countertop
S 11,281.71
• Fa •. ication and install of glass shelves for new built in
S 1,580.80
• ...stall aluminum frame to attach and install new shelving
S 1,400_00
+ Move and place. new equipment in correct location
5650.40
Install new equipment
50.40
• Prepare plubine. and electrical connections for new equipment
mm
S725.00_
• Clean up
S6 3.QlJ
TOTAL AMOUNT
536,9;„a1
AMOUNT DC" NOW
S.29,538,40
13
4869-3813-7882, v. 5
SUBSTITUTED
`'pp, Ar%
L
\*:29PI
Florida Atlantic General Contracting LLC
5601 Powerliue Road Suite J106
Ft. Lauderdale, FL 33309
Office: 754-2 00-4464
Email: floridaatlantizgc, hotmaiLconi
CGC 1524029
TO1 Dolores But You Caa Call Me Lolit3
10-00 S. Mimi Ave
Miami FL 3313O.
INVOICE
-DICE 1O; 2233
DATE; 11:16:0„
DESCREVIIO1
TOTAL
C`OPE OF WORK: Bar Cabinetry
Installation of new cabinetry
r Fabrication of 2 bar cabinet 100' Vi' s 24" I7 x 72' H
• Installation of 2 new bar cabinet
NOT LNCLL]JED - LED Lighting aid shelves
TOTAL
SS.190,00
_ %1OL-NTDUEtiOW
58,190.0€I
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