Reso 2014-2198 - Laserfiche WebLink

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FIRST ENDMENT TO THE ]LIEAS1 AGR EEN-9- T B ET�YIEIEN THE cCg� ®]F SUi� NY IS LFS I1� AMR ICAN FEDEERATEM TIIT1LlE (C ®1181F ®H�ATg ®�1 AS�'llBUSTIEIE IEIIB ryrY oo SuN'Nc FLORIDA LAND TRUST # 3259 THIS FIRST ANENDMNT ("Amendment") is made as of this 17 of act iw 2013 and shall be effective as of the Effective bate (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. Wl1TNESSETH VVHE REAS, 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 X10 REAS, 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 VvMREAS, Section 250) of the Prime Lease allows the Lessor and Lessee to amend the Prime Lease by written amendment; and VWMRIEAS, the Lessor and the Lessee desire to execute a written amendment to the Prime Lease. NOSY, 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. I ncog° eradnon of l8eeiittall §. The above - referenced recitals are true and correct and are incorporated herein. 2. C ®>m u,duL pIro vnsi ons All other terms of a particular provision in the Prime Lease not otherwise expressly modified herein shall remain in ful11 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 Prcovblo ns. 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.