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kSV,NY „Pl <br />SECOND AMENDMENT TO THE <br />TRIPLE NET LEASE AGREEMENT <br />BETWEEN THE CITY OF SUNNY ISLES BEACH AND <br />O IYN <br />SUFFOLK CONSTRUCTION COMPANY, INC. <br />This Second Amendment to the Triple Net Leaseback Agreement between the CITY OF <br />SUNNY ISLES BEACH ("Landlord") and SUFFOLK CONSTRUCTION COMPANY, INC. <br />("Tenant"), executed this 1, day of Jrm-jorby , 2023, is made a part of the original <br />Triple Net Leaseback Agreement dated July 22, 2022, as amended, between the Landlord and Tenant <br />("Lease"). The Landlord and Tenant hereby agree as follows: <br />1. EFFECTIVE DATE. The Effective Date of this Second Amendment shall be <br />December 31, 2022. <br />2. AMENDING TERM. Section 1 of the Lease "Lease Term" is hereby deleted in its <br />entirety, and the following language shall be substituted: <br />Lease Term. This Lease shall commence on July 23, 2022 (the "Commencement <br />Date"), and shall terminate on June 30, 2023, unless terminated earlier by either <br />party by giving the other written notice of termination fourteen (14) days prior to <br />the date the tenancy shall end (the "Termination Date"). On the Termination Date, <br />the Tenant shall be required to immediately vacate the Property. <br />3. AMENDING SECTION 7.1, MONTHLY RENT. Section 7.1 of the Lease "Monthly <br />Rent" is hereby amended to provide that the Monthly Rent, as defined therein, shall be Twenty <br />Thousand Dollars ($20,000.00) per month. Except as specifically modified herein, all terms and <br />conditions of Section 7.1 shall remain in full force and effect. <br />4. ELIMINATING SECTION 3.1, LIMITATIONS ON USE. Section 3.1 of the Lease <br />"Limitations on Use" is hereby deleted in its entirety. <br />5. AMENDING SECTION 10, ALTERATIONS. Section 10 of the Lease "Alterations" is <br />hereby amended by substituting the term "Usable Area" with the term "Property." Except as <br />specifically modified herein, all terns and conditions of Section 10 shall remain in full force and <br />effect. <br />6. ELIMINATING EXHIBIT "B". Exhibit "B" of the Lease "Sketch of Property Depicting <br />Usable Area" is hereby deleted in its entirety. <br />7. OTHER PROVISIONS REMAIN IN EFFECT. Except as specifically modified <br />herein, all terms and conditions of the original Lease between the parties dated July 22, 2022, as <br />amended, shall remain in full force and effect. <br />8. CONFLICTING PROVISIONS. The terms, statements, requirements, or provisions <br />contained in this Second Amendment shall prevail and be given superior effect and priority over any <br />conflicting or inconsistent terms, statements, requirements or provisions contained in any other <br />document or attachment. <br />[SIGNATURE PAGE TO FOLLOW] <br />Suffolk Lease Agreement — Second Amendment <br />456 <br />