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Reso 2014-2198
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Reso 2014-2198
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Last modified
1/8/2015 2:41:29 PM
Creation date
4/3/2014 11:12:41 AM
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CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
2014-2198
Date ‎(mm/dd/yyyy)‎
02/20/2014
Description
1st Amd to Sublease Agmt w/Amer Fed. Title & Beach Bar Newport Pier
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(b) LESSOR has constructed the foUnWon, building &H and roof of the restaurant <br />facility and bait shop and delivered the reslmuant facility and bait shop to LESSEE for finish <br />out, such finish out to be solely at LESSEE's cost. <br />SIOH 3. TERM OF LEASE ACRE <br />(a) T.. C1m• The term ( 'initial Term') of the Lease shall be for a period of Twenty (20) <br />years beginning on the Effective Date and shall terminate on die same, date as the Effective Date <br />in the Twentieth (20') year unless sooner terminated or exteded as provided in this Lease. <br />(b) Renewal Terms. The LESSEE shall have the option to renew this Lease for three <br />(3) additional Twenty (20) year periods and in additional To (10) year term, provided that <br />LESSEE is not in default at the time of renewal of the germs. If LESSEE is not in default, <br />LESSEE shall have the option to extend by giving LESSOR written notice of its election to <br />extend the teen of this Lease not less dean ninety (90) days prior to expiration of the Initial Tema <br />or the then running Renewal Term. If the LESSEE fails after notice, to timely exercise a renewal <br />in the period or in the manner provided in this Lease, such renewal shall be deemed to have <br />lapsed and terminated, and shall be of no further force or effect without any action or notice <br />MOW on the part of the LESSEE. All of the terms and conditions of this Lease, other than the <br />amount of Rent, as discussed below, shall remain in f di force and effect during each Renewal <br />Tema. <br />(a) Base Monthly Rent, For the right to lease the Premises, the LESSEE shall pay to <br />the LESSOR a guaranteed monthly payment of Ten Thousand Dollars ($10,000.00). (the "Base <br />Monthly Rent"). Base Monthly Rent shall be subject to annual increases in the Consumer Price <br />Index rar) on the first day of the month of every fifth (^ year anniversary of the Lease <br />Term and such revised amount shall be referred to herein as the Base Monthly Rent. Rent is due <br />no later than the Fifteenth (15th) day of each month. Rent shall be made payable to the City of <br />Sunny Isles Beach C/O the City's Finance Department located at 18010 Collins Avenue, Sunny <br />Isles Beach, FL 33160. Rent shall commence upon the Rent Commencement Date as discussed <br />below. If outdoor dining is permitted on the Premises or the Pier, the parties shall negotiate an <br />additional rent for the use of the outdoor dining areas. <br />(b) CPI Increases. Commencing with the Base Monthly Rent due for the fast month <br />of the fifth ^ year anniversary of the Initial Team, and continuing every 51e anniversary <br />thereof for the Term of the Lease (a "Rent Adjustment Period'), the Base Monthly Rent shall <br />increase and shall be determined as follows: the Base Monthly Rent payable for the first month <br />of the Initial Term shall be multiplied by a fraction, the numerator of which shall be the CPI, as <br />defined below, for the month of the Initial Rent Adjustment Period (and continuing thereafter for <br />every Rent Adjustment Period, as the case may be), and the denominator of which shall be the <br />CPI for the Month of the Rent Commencement Date (and the CPI for the first month of the prior <br />Rent Adjustment Period, as the case may be. The sum so calculated shall constitute the new <br />monthly Base Monthly Rent until the following Rent Adjustment Period, but in no event shall <br />such new monddy Base Monthly Rent be less than the Base Monthly Rent for the prior Rent <br />Adjustment Period or represent an increase of more than fifieeat percent (15 91.) from the Base <br />0 <br />
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