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Reso 2009-1454
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Reso 2009-1454
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Last modified
2/10/2016 3:13:59 PM
Creation date
7/30/2009 9:55:42 AM
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Template:
CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
2009-1454
Date (mm/dd/yyyy)
07/16/2009
Description
Approving Second Amendment to Lease Agreement bet City of SIB & Vanguard Car Rental USA Inc.
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<br />AMENDMENT TO LEASE <br /> <br />.rJ This Amendment to Lease ("Amendment") is made and entered into effective as of the <br />Ho day of July, 2009, by and between, the City of Sunny Isles Beach, Florida ("Landlord") and <br />Vanguard Car Rental USA Inc. ("Tenant"). <br /> <br />RECITALS: <br /> <br />WHEREAS, Landlord and Tenant previously entered into that certain First Addendum to <br />Lease Agreement on or about April 14, 2005, (the "Addendum") which modified that certain <br />Lease Agreement dated July 8, 1997, (the "Original Lease") leasing certain premises located at <br />or commonly known as 18080 Collins A venue, City of Sunny Isles Beach, and as more <br />particularly described in the Addendum ("Revised Premises"); and <br /> <br />WHEREAS, Landlord and Tenant desire to amend the terms of the Original Lease and <br />Addendum as hereinafter provided. <br /> <br />NOW, THEREFORE, for and in consideration of the mutual covenants set forth herein, <br />and other good and valuable consideration, the receipt and sufficiency of which are hereby <br />acknowledged, Landlord and Tenant do hereby agree as follows: <br /> <br />1. Definitions. All terms used in this Amendment which are defined in the Original Lease <br />or Addendum shall have the same meaning in the Lease or Addendum, unless otherwise <br />specifically defined herein. Any conflict or inconsistency between definition and terms <br />between the Original Lease and Addendum shall be governed by the definition in the <br />Addendum. <br /> <br />2. Term and Renewal. Section 4 of the Addendum shall be amended to provide that <br />Landlord and Tenant hereby agree that Tenant shall be provided twenty-four (24) months <br />of continuous occupancy beginning on August 1, 2009 and ending on August 1, 2011. <br />After August 1, 2011, the Term shall continue on a year-to-year basis upon prior written <br />consent of the City to such continuation and the Original Lease may be terminated in <br />accordance with Section 3 below. <br /> <br />3. Early Termination. The first sentence of Section 10 of the Addendum shall be eliminated <br />in its entirety and the following shall be added to the remainder of that Section. After <br />August 1, 2011, Landlord may terminate the Original Lease provided that Landlord <br />supplies Tenant with at least four (4) month's advance written notice of such termination. <br /> <br />4. Relocation Costs. Section 11 of the Addendum shall be eliminated in its entirety. <br /> <br />Taxes. Sections 6 and 16 of the Original Lease shall be modified to provide that <br />Landlord shall use its best efforts to secure a re-platted site plan of the entire Premises, as <br />defined in Original Lease, in order to clearly separate the parcels for purposes of tax <br />assessments and to reflect the actual occupancy of 50% of the Premises by Landlord as <br />set forth in the Addendum. <br /> <br />Page 1 of 2 <br />
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