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THIS LEASE AGREEMENT (the "L ease") is made and entered into this 2L day of <br />2013, by and between the CITY of SUNNY ISLES BEACH, a municipal <br />owpormion of the State of Florida ftvinat}er referred to as "CITY", or "LESSOR") and <br />AMERICAN FIDERATED TITLE CORP. AS TRUSTEE UNDER FLORIDA LAND TRUST <br /># 3259, (hereinafter referred to as "LESSEE'). <br />WITNESSETH: <br />WHEREAS, Pursuant to Letter Agreement dated November 25, 2008, the LESSOR and <br />DR. ROBERT CORNFELD, President of LESSEE, entered into a public/private partnership <br />agreement to rebuild the historic Newport Fishing Pier (the "Pier"); ail <br />WHEREAS, the partnership agreement requires President of LESSEE to contribute a <br />maximum of $2 Million Dollars to rebuild the Pier and the LESSOR to contribute more than $2 <br />Million Dollars towards rebuilding the Pier, and <br />WHEREAS, the parties wish to amend the terms of the Letter Agreement, to provide the <br />LESSEE with the exclusive right to manage and operate the Pier, and to lease the restaurant <br />facilities and bait shop to the LESSEE, and <br />WHEREAS, LESSOR owns certain real property located in Miami -Dade County, <br />Florida as more particularly described in Exhibit "A ", a copy is attached to this Lease and <br />incorporated herein by reference (the "Parcel') upon which LESSOR constructed a fishing Pier <br />as more particularly described in Exhibit "B ", a copy of which is also attached to this Lease and <br />incorporated herein by reference, and <br />WHEREAS, LESSOR desires to lease to LESSEE, and LESSEE desires to lease from <br />LESSOR a portion of the Pier as more particularly described on Exhibit "C", a copy of which is <br />attached to this Lease and incorporated by reference and made apart hereof (the "Premises') for <br />die purpose stated in this Lease, subject to the terms and conditions of this Lease. <br />NOW THEREFORE, in consideration of the premises and mutual covenants hereinafter <br />contained to be observed and performed, the parties hereto do hereby covenant and agree as <br />follows: <br />SECMON FUNDMENTAL LEASE PROVISIONS <br />The provisions in the Section shall be referred to in this Lease as the "Fundamental Lease <br />Provisions." Unless otherwise defined herein, capitalized terms used m this Lease shall have the <br />meanings listed in the Fundamental Lease Provisions. <br />Effective Date: The term Effective Date shall mean the date of mutual execution and <br />delivery of this Lease. <br />Rent Commencement Date: The date upon which LESSEE is required to make its initial <br />rent payment to the LESSOR. <br />2 <br />