Reso 2013-2162 - Laserfiche WebLink

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-�♦ FRESH AM[)END ENT TO THE LIEASIE AGREEMENT BETWEEN TIED (CXTY OF SUNNY ISLES LIES I8]EACH AND AMERICAN CAN ]FIEIlDlEllBAT]EI<D TITLE (CORPO ATI®&AS TRUSTEE UNDER r� or s°N n FLORIDA LAND TRUST # 33258 THIS IFMST AMENDMENT ( "Amendment ") is made as of this 7 of Q&AW 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 CORPORATI ®N, AS TRUSTEE UNDER FLORIDA LAND TRUST # 3258, (hereinafter "Lessee "), hereinafter collectively referred to as Parties. WITNESS ETH 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 VWD-DIEDREAS, 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 V'V'Il AtPy, Jectlon 2JU) of Llle i11L11G LC.asC. auVws 1.111- Lessor and Lessee tC amend tl h e Prime Lease by written amendment; and WEIER EAS, 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. Dnnc®n°ip®n°ationn of RechaRs. The above - referenced recitals are true and correct and are incorporated herein. 2. cCou ieting PiroAsioms 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. Fundamenntai 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.