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WHEREAS, Beach Club shall also pay to the City One Hundred Fifty Thousand Dollars <br />($150,000.00) which amount represents past due rent due to the City for the period <br />commencing August 1, 2019, and ending January 31, 2022, pursuant to the Second Amendment <br />to the Lease dated September 9, 2019; and <br />WHEREAS, the City Commission of the City of Sunny Isles Beach believes that it is in the <br />best interest of the City to approve a letter agreement with Beach Club terminating the Lease, <br />providing for the payment of past due rent, and providing for the acceptance of the Property, <br />with the Improvements, in "as is" condition, so that the same can be used for a municipal <br />purpose, attached hereto as Exhibit "A" ("Letter Agreement"). <br />NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY <br />ISLES BEACH, FLORIDA, AS FOLLOWS: <br />Section 1. Approving the Letter Agreement with Beach Club. The City Commission hereby <br />approves the Letter Agreement between the City and Beach Club Acquisition LLC, attached <br />hereto as Exhibit "A". <br />Section 2. Authorization of City Manager. The City Manager is hereby authorized to <br />execute the Letter Agreement attached hereto as Exhibit "A", and to do all things necessary to <br />effectuate this Resolution, including repurposing the Improvements for a municipal purpose. <br />Section 3. Effective Date. This Resolution will become effective upon adoption. <br />PASSED AND ADOPTED this 20th day of January 2022. <br />Dana Robin Goldman, Mayor <br />ATTEST: APPROVED AS TO FORM <br />LEG UFFICIENCY: <br />Mauric`io Betanicur, CMC, City Clerk Edward A. Dion, City Attorney <br />Moved by:yo Yr` � u 1� � Seconded by: �MvA6-S(090Z– <br />Vote: <br />Mayor Goldman <br />✓ (Yes) <br />(No) <br />Vice Mayor Viscarra <br />(Yes) <br />(No) <br />Commissioner Lama <br />7— (Yes) <br />(No) <br />Commissioner Rabinovich <br />(Yes) <br />(No) <br />Commissioner Stuyvesant <br />(Yes) <br />(No) <br />@BCL@FCOE7CA3.doc Page 2 of 2 108 <br />