Reso 2013-2163 - Laserfiche WebLink

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tr.r irtrr o' f FIRST AMENDMENT AND CONSENT TO ASSIGNMENT THIS FIRST AMENDMENT AND CONSENT TO ASSIGNMENT ( "Assignment ") is made as of this 21�tf Ij V2a.vtVJ P.✓ 2013 and shall be effective as of the Effective Date (as defined herein) by and among THE CITY OF SUNNY ISLES BEACH, FLORIDA (hereinafter "City'), AMERICAN FEDERATED TITLE CORPORATION, AS TRUSTEE UNDER FLORIDA LAND TRUST # 3258, (hereinafter "Assignof' or "Management "), and Beach Bar @ Newport Pier, LLC, a Florida limited liability company, (hereinafter "Assignee" or "Management"), hereinafter collectively referred to as Parties. WHEREAS, City and Assignor 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 oVHEREAS, City and Assignor are parties to a Management Agreement for management of the Pier exclusive of the restaurant and bait shop, approved by the City Commission on July 18, 2013; and WHEREAS, City, Assignor, and Assignee subsequently entered into a Sublease Agreement for the Pier wherein Assignor agreed to sublease the premises to Assignee in order for Assignee to operate Beach Bar @ Newport Pier restaurant at the Pier; and WHEREAS, Section 21 of the Management Agreement between City and Assignor allows City and Assignor to assign rights under the Management Agreement with prior written consent of City; and WHEREAS, Assignor desires to assign and Assignee desires to assume Assignor's rights and obligations under the Management Agreement in order for Assignee to manage the Pier; and WHEREAS. City desires to provide its consent to this assignment. 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. Assignment. Assignor hereby assigns to Assignee all of Assignor's rights, interests in, and obligations under the Management Agreement approved by the City Commission on July 18, 2013. Upon execution of this Assignment, the Assignee and Assignor shall be deemed collectively "Management' with respect to the Management Agreement and shall be responsible for collecting Pier admissions.