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Romacoip, Inc. <br />11315 Corporate Boulevard, Suite 100 <br />Orlando, Florida 32817 <br />ATTENTION: Dan Cronk, Executive Vice President Legal and Administration <br />Re: Lease Between Sunny Isles Beach and Romacorp, Inc. <br />10805 Collins Avenue, Sunny Isles Beach, Florida (the "Premises") <br />Dear Mr. Cronk: <br />NOTICE OF DEFAULT <br />By way of introduction, the law firm of Nabors, Giblin & Nickerson, P.A. ("NGN") serves <br />at the City Attorney for the City of Sunny Isles Beach ("City"). Romacorp, Inc. ("Romacorp") <br />entered into a lease agreement with the City commencing July 28, 2003, for an initial term of <br />twenty (20) years ("Lease Agreement"). <br />We are aware of various correspondence between you on behalf of Romacorp and the City <br />Manager concerning each other's responsibilities pursuant to the Lease Agreement. Please direct <br />airy Ruther communication to the undersigned at the Plantation office. Please also forward a copy <br />of this correspondence to anyone else at Romacorp you deem necessary. <br />Notwithstanding Romacorp's previous assertions, the Lease Agreement has remained in <br />full force and effect since the Commencement Date set forth above and through the present. <br />Pursuant to Section 2.2 of the Lease Agreement, Romacorp was and is required to pay, at a <br />minimum, Base Monthly Rent in the amount of Twenty Thousand Dollars ($20,000.00) per month, <br />Plus sales tax, in addition to Impositions as provided by Section 2.3. According to the City's <br />records, the last Base Monthly Rent payment made by Romacorp to the City was on March 18, <br />2020, in the amount of Twenty -One Thousand Three Hundred Dollars ($21,300.00), which is <br />comprised of the Base Monthly Rent plus 6.5% sales tax. Therefore, as of the date of this <br />correspondence, Romacorp is in arrears on its Base Monthly Rent payments for five (5) months. <br />As a result of Romacorp's failure to comply with the material provisions of Section 2.2 of the <br />Lease Agreement, the City hereby declares it to be in default of that Lease Agreement. <br />As a result of Romacorp's default, and as provided by in Sections 11.2 and 11.2.1. of the <br />Lease Agreement, the City hereby demands that Romacoip immediately surrender possession of <br />the Premises to the City, and remit payment to the City in the amount of Eight Hundred Fifty -Two <br />404 <br />TAMPA <br />2502 Rocky Point Drive <br />Nabors <br />Suite <br />8201 Peters Road <br />ida 3PLANTATION <br />Tampa, Florida 33607 <br />(813) 281-2222 Tel <br />Suite 1000 <br />Plantation, Florida 33324 <br />Giblin AIX J, <br />(813) 281-0129 Fax <br />(954) 315.0268 TelTA <br />LLAHASSEE <br />NickersonP.A. <br />1500 Mahan Drive <br />Suite 200 <br />A T T O R N E Y S A T L A W <br />Tallahassee, Florida 32308 <br />(850) 2244070 Tel <br />(850) 2244073 Fax <br />August 18, 2020 <br />VIA CERTIFIED MAIL RETURN RECIEPT <br />Romacoip, Inc. <br />11315 Corporate Boulevard, Suite 100 <br />Orlando, Florida 32817 <br />ATTENTION: Dan Cronk, Executive Vice President Legal and Administration <br />Re: Lease Between Sunny Isles Beach and Romacorp, Inc. <br />10805 Collins Avenue, Sunny Isles Beach, Florida (the "Premises") <br />Dear Mr. Cronk: <br />NOTICE OF DEFAULT <br />By way of introduction, the law firm of Nabors, Giblin & Nickerson, P.A. ("NGN") serves <br />at the City Attorney for the City of Sunny Isles Beach ("City"). Romacorp, Inc. ("Romacorp") <br />entered into a lease agreement with the City commencing July 28, 2003, for an initial term of <br />twenty (20) years ("Lease Agreement"). <br />We are aware of various correspondence between you on behalf of Romacorp and the City <br />Manager concerning each other's responsibilities pursuant to the Lease Agreement. Please direct <br />airy Ruther communication to the undersigned at the Plantation office. Please also forward a copy <br />of this correspondence to anyone else at Romacorp you deem necessary. <br />Notwithstanding Romacorp's previous assertions, the Lease Agreement has remained in <br />full force and effect since the Commencement Date set forth above and through the present. <br />Pursuant to Section 2.2 of the Lease Agreement, Romacorp was and is required to pay, at a <br />minimum, Base Monthly Rent in the amount of Twenty Thousand Dollars ($20,000.00) per month, <br />Plus sales tax, in addition to Impositions as provided by Section 2.3. According to the City's <br />records, the last Base Monthly Rent payment made by Romacorp to the City was on March 18, <br />2020, in the amount of Twenty -One Thousand Three Hundred Dollars ($21,300.00), which is <br />comprised of the Base Monthly Rent plus 6.5% sales tax. Therefore, as of the date of this <br />correspondence, Romacorp is in arrears on its Base Monthly Rent payments for five (5) months. <br />As a result of Romacorp's failure to comply with the material provisions of Section 2.2 of the <br />Lease Agreement, the City hereby declares it to be in default of that Lease Agreement. <br />As a result of Romacorp's default, and as provided by in Sections 11.2 and 11.2.1. of the <br />Lease Agreement, the City hereby demands that Romacoip immediately surrender possession of <br />the Premises to the City, and remit payment to the City in the amount of Eight Hundred Fifty -Two <br />404 <br />