HomeMy WebLinkAboutReso 2023-3526RESOLUTION NO. 2023- 5
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH,
FLORIDA, RATIFYING A THIRD AMENDMENT TO THE LEASE AGREEMENT
BETWEEN THE CITY OF SUNNY ISLES BEACH, FLORIDA, AND SUFFOLK
CONSTRUCTION COMPANY, INC., EXTENDING THE TERM OF THE LEASE
AGREEMENT TO JULY 31, 2023, ATTACHED HERETO AS EXHIBIT "A"; PROVIDING
THE CITY MANAGER WITH THE AUTHORITY TO DO ALL THINGS NECESSARYTO
EFFECTUATE THE TERMS OF THE SECOND AMENDMENT; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the City of Sunny Isles Beach, Florida ("City") owns property located at 18050
Collins Avenue, Sunny Isles Beach, which was formerly operated as a Tony Roma's restaurant
("Property"); and
WHEREAS, Suffolk Construction Company, Inc. ("Suffolk") desired to rent, and the City
desired to lease, a portion of the Property as a temporary construction office from the City; and
WHEREAS, on July 21, 2022, via Resolution No. 2022-3376, the City Commission approved
a lease agreement between the parties for a term commencing on July 23, 2022, and expiring on
December 23, 2022, in an amount of Five Thousand Dollars ($5,000.00), per month, subject to
the terms and conditions set forth in said lease agreement (the "Lease Agreement"); and
WHEREAS, on September 15, 2022, via Resolution No. 2022-3403, the City Commission
ratified a First Amendment to the Lease Agreement, providing that Suffolk shall pay rent in an
amount of Ten Thousand Dollars ($10,000.00) per month, and may utilize additional space within
the Property as set forth therein; and
WHEREAS, on December 15, 2022, via Resolution No. 2023-3459, the City Commission
ratified Second Amendment to the Lease Agreementwith Suffolk, extending the leaseterm and
increasing the monthly rent, in an amount of $20,000.00 per month; and
WHEREAS, pursuant to the authority provided by the City Commission, the City Manager
executed a Third Amendment to the Lease Agreementwith Suffolk, extending the lease term to
July 31, 2023, attached hereto as Exhibit "A".
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OFTHE CITY OF SUNNY
ISLES BEACH, FLORIDA:
Section 1. Incorporation of Recitals. The foregoing recital paragraphs are hereby ratified and
confirmed as being true and the same are hereby made part of this Resolution.
Section 2. Ratification of Third Amendment to the Agreement. The City Commission hereby
ratifies the Third Amendment to the Lease Agreement between the City of Sunny Isles Beach and
Suffolk Construction Company, Inc., attached hereto as Exhibit "A".
R2023 Second Amendment to Suffolk Lease Page 1 oft
Section 3. Authorization of City Manager. The City Manager is hereby authorized to do all
things necessary to effectuate this Resolution.
Section 4. Effective Date. This Resolution shall become effective upon passage.
PASSED AND ADOPTED upon this 20th day o July 023.
ATTEST: n
Maur cio etancu , CMC, City Clerk
Larisa Sve4hin, Mayor
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
r
alerie Vicente, City Attorney
Moved by(&���'%55-�-i' je:e'A Seconded by:
Vote:
Mayor Svechin
L/ (Yes)
(No)
Vice Mayor Viscarra
- (Yes)
(No)
Commissioner Joseph
(Yes)
(No)
Commissioner Lama
(Yes)
(No)
Commissioner Stuyvesant
(Yes)
(No)
R2023 Second Amendment to Suffolk Lease Page 2 of 2
°S„"NY ISSO
THIRD AMENDMENT TO THE
TRIPLE NET LEASE AGREEMENT
BETWEEN THE CITY OF SUNNY ISLES BEACH AND
Os fUN
SUFFOLK CONSTRUCTION COMPANY, INC.
This Third Amendment to the Triple Net Leaseback Agreement between the CITY OF
SUNNY ISLES BEACH ("Landlord") and SUFFOLK CONSTRUCTION COMPANY, INC.
("Tenant"), executed this 21 day of ,j -hf, , 2023, is made a part of the original
Triple Net Leaseback Agreement dated July 22, 2022, as amended, between the Landlord and Tenant
("Lease"). The Landlord and Tenant hereby agree as follows:
1. EFFECTIVE DATE. The Effective Date of this Third Amendment shall be June 29,
2023.
2. AMENDING TERM. Section 1 of the Lease "Lease Term" is hereby deleted in its
entirety, and the following language shall be substituted:
Lease Term. This Lease shall commence on July 23, 2022 (the "Commencement
Date"), and shall terminate on July 31, 2023, unless terminated earlier by either
party by giving the other written notice of termination fourteen (14) days prior to
the date the tenancy shall end (the "Termination Date"). On the Termination Date,
the Tenant shall be required to immediately vacate the Property.
3. OTHER PROVISIONS REMAIN IN EFFECT. Except as specifically modified
herein, all terms and conditions of the original Lease between the parties dated July 22, 2022, as
amended, shall remain in full force and effect.
4. CONFLICTING PROVISIONS. The terms, statements, requirements, or provisions
contained in this Third Amendment shall prevail and be given superior effect and priority over any
conflicting or inconsistent terms, statements, requirements or provisions contained in any other
document or attachment.
[SIGNATURE PAGE TO FOLLOW]
Suffolk Lease Agreement — Third Amendment
IN WITNESS WHEREOF, the parties hereto have executed this Third Amendment as of
the date mentioned above.
WITNESS:
Signature
Print Name
ATTEST:
BY:
Mau is Betanc
CMC City Clerk
Suffolk Lease Agreement — Third Amendment
SUFFOLK CONSTRUCTION
COMPANY
Signature '0'
J 1982
qQH
Print Name, As its
'IltilllI
CI1
Im
9
APPROVED T -q FORM AND
LEG OF CIE e
P�
BY: r
Valerie Vicente for
Nabors Giblin & Nickerson PA
City Attorney