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HomeMy WebLinkAboutReso 2013-2137 RESOLUTION NO. 2013- 2-1'51 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING THE FIRST AMENDMENT TO THE LEASE AGREEMENT BETWEEN THE CITY OF SUNNY ISLES BEACH AND AMERICAN FEDERATED TITLE CORPORATION IN SUBSTANTIALLY THE SAME FORM ATTACHED HERETO AS EXHIBIT "A"; AUTHORIZING THE MAYOR TO EXECUTE SAID FIRST AMENDMENT; PROVIDING THE CITY MANAGER AND THE CITY ATTORNEY WITH THE AUTHORITY TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on July 26, 2013 the City of Sunny Isles Beach and American Federated Title Corporation entered into a Lease Agreement to lease the restaurant facilities and bait shop located at the Historic Newport Fishing Pier; and WHEREAS, the parties wish to amend certain terms of the Lease Agreement. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Approval of the First Amendment to Lease Agreement. The First Amendment to the Lease Agreement between the City of Sunny Isles Beach and American Federated Title Corporation, in substantially the same form attached hereto as Exhibit "A" is hereby approved. Section 2. Authorization of Mayor. The Mayor is authorized to execute said First Amendment. Section 3. Authorization of City Manager and City Attorney. The City Manager and City Attorney are hereby authorized to do all things necessary to effectuate the terms of this Resolution. Section 4. Effective Date. This Resolution shall become effective upon adoption. PASSED AND ADOPTED this n-4±, _day of (pc 1-o8c 2013. r------.7 ' ,A o'3101t, 1414&& 4 norman S. delcup, Mayor ATT • �. .A Jane A. Hines, City Clerk, MMC Page 1 of 2 APPROVED AS TO FORM AND LEGA " FICIENCY: iA/II Hans rinot, City Attorney / Moved by: COin KNOLL Seconded by: V t Ct OA i p✓ ?MLA o3 Vote: S-b Mayor Edelcup ✓(Yes) (No) Vice Mayor Aelion ✓(Yes) (No) Commissioner Gatto './(Yes) (No) Commissioner Levin /(Yes) (No) Commissioner Scholl ,/(Yes) (No) Page 2 of 2 � SUNNY JR F f °It' FIRST AMENDMENT TO THE LEASE AGREEMENT •,,, BETWEEN THE CITY OF SUNNY ISLES BEACH AND AMERICAN sf '� FEDERATED TITLE CORPORATION, AS TRUSTEE UNDER Of SUN FLORIDA LAND TRUST #3258 THIS FIRST AMENDMENT ("Amendment") is made as of this I -i of OGl&. 1 2013 and shall be effective as of the Effective Date (as defined herein) by and among THE CITY OF SUNNY ISLES BEACH, FLORIDA (hereinafter "Lessor") and AMERICAN FEDERATED TITLE CORPORATION, AS TRUSTEE UNDER FLORIDA LAND TRUST# 3258, (hereinafter "Lessee"),hereinafter collectively referred to as Parties. WITNESSETH WHEREAS, the Lessor and the Lessee entered into a Lease Agreement dated July 26, 2013 (the "Prime Lease") for the lease of restaurant facilities and a bait shop located at the Historic Newport Fishing Pier ("Pier') with the address of 16501 Collins Avenue, Sunny Isles Beach, Florida 33160 (the"Leased Premises"); and WHEREAS, the Lessor has paid more than $5 Million Dollars to rebuild the Pier which included a voluntary contribution of$2 Million dollars provided by the Lessee toward rebuilding the Pier; and WHEREAS, Section 25(j) of the Prime Lease allows the Lessor and Lessee to amend the Prime Lease by written amendment; and WHEREAS,the Lessor and the Lessee desire to execute a written amendment to the Prime Lease. NOW, THEREFORE, in consideration of the terms and conditions contained herein and for other good and valuable consideration, the receipt, adequacy, and sufficiency of which are hereby acknowledged, the Parties agree as follows: 1. Incorporation of Recitals. The above-referenced recitals are true and correct and are incorporated herein. 2. Conflicting Provisions All other terms of a particular provision in the Prime Lease not otherwise expressly modified herein shall remain in full force and affect. If there is any conflict between the terms of the First Amendment and the Prime Lease, the terms set forth in the First Amendment shall prevail and be given superior effect and priority. 3. Fundamental Lease Provisions. The term Premises shall include outdoor areas adjacent to the building that may be used by Lessee for table dining purposes that do not extend beyond the entrance gate to the fishing area of the Pier. The term Rent shall reflect an increase to Fifteen Thousand ($15,000.00) per month subject to increases pursuant to the Consumer Price Index set forth in the Prime Lease. Notwithstanding any provision in the Prime Lease, the Lessee may serve food and drinks to customers beyond the entrance gate to the Pier provided that sit- down or table services are not provided in such areas. 4. Use of Premises. Section 2(a) of the Prime Lease is amended to delete the following provision: "No outdoor dining shall take place on the Premises or the Pier unless approved by the City." 5. Rent and Rent Commencement Date. Section 4(a) of the Prime Lease is amended to reflect an increase in the Base Monthly Rent from Ten Thousand Dollars ($10,000.00) to Fifteen Thousand ($15,000.00). The Rent Commencement Date reflected in Section 4(c) of the Prime Lease shall be consistent with the date set forth in the Sublease provided that the Sublease Agreement is approved by the City. If the Sublease Agreement is not approved, the controlling date shall be the date in the Prime Lease regarding the Rent Commencement Date. Section 4(b) of the Prime Lease is amended to reflect that "CPI Increases" up to the five (5) year Rent Adjustment Period shall not increase the Base Monthly Rent more than the twelve and one half percent (12 '/2 %) from the Base Monthly Rent of the prior Rent Adjustment Period. 6. Construction of Improvements. Sections 5(a) and 7(a) of the Prime Lease are amended to reflect that the date for completion of the Improvements on the Leased Premises and the opening of the restaurant facilities shall be the dates set forth in the Sublease Agreement provided that the Sublease Agreement is approved by the City. If the Sublease Agreement is not approved, the controlling dates shall be the dates in the Prime Lease. Notwithstanding any other provision in the Prime Lease, the Lessor is required to provide written consent for the construction of any improvements and such consent shall not be unreasonably withheld. 7. Reservation of Space. Section 15(a) of the Prime Lease is amended to reflect that the Lessor shall be provided with a working area within the second floor of the restaurant building instead of the area within the bait shop to monitor activities on the Pier. 8. Cure Period. Sections 17(a) and 17(b) of the Prime Lease are amended to provide the Lessee with a thirty day (30) right to cure any event that may constitute a default under the Prime Lease. The thirty-day cure period shall commence upon written notice provided by Lessor pursuant to Section 24 of the Prime Lease. 9. Removal of Property. Section 21(a) of the Prime Lease is amended to state that Improvements on the Leased Premises shall not vest in Lessor unless Lessee fails to cure any default under the Prime Lease and the Prime Lease is terminated. 10. Consequential Damages. To the fullest extent permitted by law, neither party shall be liable to the other for any special, indirect, consequential, punitive or exemplary damages resulting from the performance or non-performance of the Prime Lease and its Amendment Agreement notwithstanding the fault, tort (including negligence), strict liability or other basis of legal liability of the party so released or whose liability is so limited and shall extend to the officers, directors, employees, licensors, agents, subcontractors, vendors and related entities of such party. (Signatures on Following Page) 2 IN WITNESS WHEREOF, the parties hereto have caused this First Amendment to the Lease Agreement to be executed on the date that the last party signs it. ATTEST: CITY OF SUNNY ISLES BEACH, FLORIDA,a Municipal Corporation of the State of Florida 411111bl■ a A, !.. _4. / 2: )4.7t//74/1.4zieen Jane A. H es, MMC, ity Clerk N 1 an S. Edelcup,Mayor /V r APPRO ►, • S T I FORM AND LE C 741,a_ NCY: Vii.it ROA I I ii • S • sot, Ci �Attorney WITNESS: AMERICAN FEDERATED TITLE CORPORATION,AS TRUSTEE UNDER /441,LC; ,,.. - / . FLORID, LAND TRUS . #3258 Signature 1 / /j WffE / / Print Name: � I .1 Dr. R C bert Cornfeld,Pre a en 3 �.....4, NEWPO-2 OP ID: LD ACC,--- CERTIFICATE OF LIABILITY INSURANCE DATE 10/17/DD YYYY) 10117/2013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Phone:305-364-7800 NAMEACT • BROWN &BROWN FLORIDA 11 900 NW 79th C urt FSu tee#200 INC Fax:305-714-4401 (NCNp.Ext) �(n c,No): Miami Lakes, FL 33016-5869 E-MAIL David A.French,AAI ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:StarNet Insurance Company 40045 INSURED Newport Hospitality,LLC INSURERB:St Paul Fire&Marine Ins Co '..24767_ Newport Marketing,LLC INSURER C:Berkley National Insurance Co 38911 Marines - , 3850 Hollywood Blvd.#400 _INSURER D: I Hollywood,FL 33021-6746 INSURER E:_ INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF f POLICY EXP LTR TYPE OF INSURANCE ,INSR WVD POLICY NUMBER IMM/DD/YYYYI (MM/DD/YYYY)I LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A X ;COMMERCIAL GENERAL LIABILITY X HSG000004600 10/01/2013�I 10/01/2014 DAMAGE TO RENTED $ 1,000,000 PREMISES(Ea occurrence) CLAIMS-MADE X OCCUR MED EXP(Any one person) —T_$ 20,000 X Liquor Liability LIABILITY DED$5,000 PERSONAL&ADV INJURY ?$ 1,000,000 X Guest Property BLANKET Al&WAIVER GENERAL AGGREGATE $ 2,000,000 GEM_AGGREGATE LIMIT APPLIES PER: t- PRODUCTS-COMP/OP AGG i $ 2,000,000 POLICY ,PECT , X LOC IEmpI Ben I$ 1,000,000 AUTOMOBILE LIABILITY 1 CBINED SINGLE LIMIT 1,000,000 (Ea OM accident) �� $__ C ANY AUTO QCA403001710 10/01/20131, 10/01/2014 BODILY INJURY(Per person) I$ ALLOWNED SCHEDULED _--- AUTOS 1 AUTOS BODILY INJURY(Per accident) $ _- NON-OWNED PROPERTY DAMAGE X AUTOS (Per accide $ X HIRED AUTOS nt X GKLL DirectPrim I$ X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 300,000,000 EXCESS LIAB - _- -- -_- --� B 1 CLAIMS-MADE X PUM613-2131 10/01/20131 10/01/2014 AGGREGATE $ 300,000,000 DED X RETENTION$ 0 ! $ WORKERS COMPENSATION WCSTATU- 1 i OTH Y/N AND EMPLOYERS'LIABILITY I TORY LIMITS L,.__1 ER ANY PROPRIETOR/PARTNER/EXECUTIVE E L.EACH ACCIDENT '... $ OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under j --- -- ----- ------ DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT i$ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space is required) Named Insured: American Federated Title Corp. as Trustee Under Florida Land Trust #3258 Location: Pier @ 16501 Collins Avenue, Sunny Isles Beach FL 33160 CERTIFICATE HOLDER CANCELLATION SUN-160 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Sunny Isles Beach ACCORDANCE WITH THE POLICY PROVISIONS. Finance Director 18070 Collins Avenue AUTHORIZED REPRESENTATIVE Sunny Isles Beach,FL 33160 .'? I ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD NNY is City Commission !,..3:� <FS ity of Sunny Isles Beach Norman S.delcup,Mayor m 18070 Collins Avenue, Suite 250 Isaac Aelion,Vice Mayor 0 r4; = Sunny Isles Beach, Florida 33160 Jeanette Gatto, Commissioner * ! * Jennifer Levin,Commissioner * (305)947-0606 City Hall George"Bud"Scholl,Commissioner 1 (305)949-31 13 Fax '‘.4,. '.9.9' 99�*" �\0P 5e� (305)947-2150 Building Department Christopher J.Russo City Manager Hans Ottinot Ci Attorne G,. F L �o (305)947-5107 Fax y r OF SUS r Jane A.Hines,MMC,City Clerk MEMORANDUM TO: Honorable Mayor and City Commission FROM: Hans Ottinot, City Attorney DATE: October 17, 2013 RE: Approving First Amendment to Lease Agreement between City of Sunny Isles Beach and American Federated Title Corporation RECOMMENDATION This Resolution is presented for your consideration. REASONS The original Lease Agreement between the City of Sunny Isles Beach and American Federated Title Corporation for the restaurant facilities and the bait shop at the Pier requires modification due to change in circumstances. Specifically, the following material terms require modifications based on a potential sublease agreement: (1) Increase in monthly rent to $15,000.00 from $10,000.00; (2) Deleting the restriction on outdoor dining; (3) Amending the date of the completion of improvements and opening of the restaurant. The above modifications were negotiated to facilitate the sublease agreement. Agenda Ite m Date ( 0 - 17- 13