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<br /> <br /> <br />DAVID SAMSON <br />MAYOR <br /> <br />LILA KAUFFMAN <br />VICE MAYOR <br /> <br />DANNY IGLESIAS <br />COMMISSIONER <br /> <br />CONNIE MORROW <br />COMMISSIONER <br /> <br />IRVING TURETSKY <br />COMMISSIONER <br /> <br />Christopher J. Russo <br />City Manager <br /> <br />Lynn M, Dannheisser <br />City Attorney <br /> <br />Richard Brown,Morilla <br />City Clerk <br /> <br />17070 Collin enue Suite 250 Sunny Isles Beach, FL -: ') <br />TEL: 305 947 Ob06 FAX: 305 949 3113 <br /> <br />June 12,2001 <br /> <br />Mr. Richard A. Peabody <br />Vice President Finance and <br />Chief Financial Officer <br />Romacorp, Inc. <br />9304 Forest Lane, Suite 200 <br />Dallas, TX 75243 <br /> <br />RE: Tonv Roma Restaurant DrODertv at 18050 Collins Avenue ("Roma <br />site") <br /> <br />Dear Mr. Peabody: <br /> <br />This will outline our conversations today relative to the above-referenced property. We <br />have agreed upon the following terms and conditions, which we will submit, in further <br />detail, at a later date: <br /> <br />1. The Roma site consisting of approximately 10,000 square feet shall remain intact <br />until sllch time as a new structure for Romacorp is built and the Tony Roma's restaurant <br />will continue to operate until that time. The Lease shall be assigned to the City by the <br />current lessor upon transfer of the property. <br /> <br />2. The parties contemplate a new lease agreement for the new site that will provide <br />for a twenty (20)-year lease term with two (2) five-year renewals to become effective on <br />delivery of that site by the City (the "new Lease"). The rent amount contained in the <br />new Lease rent for those premises, on an annual basis, shall be eight percent (8%) of the <br />gross receipts as defined in the current Tony Roma lease agreement by and between Fred <br />Kassner, Lessor and Tony Roma's of Sunny Isles, Lessee dated July 20, 1992 with a <br />minimum guarantee of TWO HUNDRED FORTY THOUSAND AND NO/lOO <br />DOLLARS ($240,000) annual lease rate. The new Lease will be a "net lease" such that <br />Romacorp shall be responsible for all property taxes (if, and to the extent, taxes are <br />assessed by the Miami-Dade County Property Appraiser's office), insurance and <br />maintenance. <br /> <br />3. The City agrees it will construct and retain ownership of the new structure <br />(which will house the restaurant), which structure will then be leased to Romacorp. The <br />City will deliver a "shell" that will consist of the outside walls plus all utilities brought <br />into the building and roof structure if applicable. Romacorp will be responsible for the <br />connection of said utilities, electrical and plumbing work, interior finish work, decor and <br />purchase and installation of furniture, fixtures and kitchen equipment, all at Romacorp's <br />cost. <br /> <br />Exhibit "B" <br />