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<br /> <br />I f'l) 111 : <br />Date. <br /> <br />P~I~e . <br /> <br />\. Jllhn ')/erla~ <br />"-0\ ember 2:-<.2007 <br />2 on <br /> <br />7. <br /> <br />All net revenues obtained from the fishing pier and restaurant lease <br />will be shared equally between Cornfeld and the City of Sunny Isles <br />Beach, so long as the cost for design, removal, and replacement of the <br />Pier structure does not exceed Four Million Dollars ($4,000,000). If <br />the City's share for design, removal and replacement of the pier <br />structure is greater than Two Million Dollars ($2,000,000), the City <br />will receive 75% of the net revenues until the additional cost incurred <br />by the City is equalized compared with Cornfeld's contribution of Two <br />Million Dollars ($2,000,000). Following is an example of this <br />calculation: <br /> <br />City share project cost <br />Cornfeld share project cost <br />Total project cost <br /> <br />$3 Million <br />$2 Million <br />$5 Million <br /> <br />Additional cost incurred by the City <br /> <br />$1 Million <br /> <br />First year total net revenues <br />First year City share revenues <br />First year Cornfeld share revenues <br /> <br />$100,000 <br />$75,000 <br />$25,000 <br /> <br />Net revenues include operation and maintenance cost, and <br />excludes costs set forth in paragraph 4 above. <br /> <br />In the above example, the City will receive 75% of the net revenue <br />until the additional One Million Dollars ($1,000,000) expenditure <br />by the City is recovered. After the City recovers its additional <br />expenditure, net revenues will be shared equally. <br /> <br />8. If all necessary permits have not been obtained from all governmental <br />agencies by February 2009, then this agreement shall be null and void. <br /> <br />9. Neither party shall be required to perform under this agreement if the <br />Pier is destroyed permanently by Acts of God which include but are <br />not limited to hurricanes, earthquakes, and tornadoes. <br /> <br />R. Comfcld - Fishing Picr Agrccmcnt J .tr. <br />