Reso 2013-2137 - Laserfiche WebLink

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� 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.