HomeMy WebLinkAboutReso 2015-2414 •
• RESOLUTION NO. 2015-2)41q
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF SUNNY ISLES BEACH, FLORIDA, APPROVING A FIRST
AMENDMENT TO THE LEASE AGREEMENT BETWEEN THE
CITY OF SUNNY ISLES BEACH AND FLY ME TO THE MOON,
LLC, IN SUBSTANTIALLY THE SAME FORM ATTACHED
HERETO AS EXHIBIT "A"; AUTHORIZING THE MAYOR TO
EXECUTE SAID FIRST AMENDMENT; AUTHORIZING THE
CITY ATTORNEY AND THE CITY MANAGER TO DO ALL
THINGS NECESSARY TO EFFECTUATE THE TERMS OF THIS
RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the parties entered into a Lease Agreement, and Lessee is requesting
additional time to submit plans to the Office of the City Manager; and
WHEREAS, the parties desire to amend the Lease Agreement to permit the Lessee to
submit the final plans to the City Manager or designee from One Hundred Twenty Days (120) to
One Hundred and Eighty (180) days from the date of execution of the Lease.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Approving the First Amendment to the Lease Agreement. The First Amendment
to the Lease Agreement between the City of Sunny Isles Beach and Fly Me To The Moon, LLC,
is hereby approved in substantially the same form as the attached Exhibit "A".
Section 2. Authorization of the Mayor. The Mayor is hereby authorized to execute the First
Amendment to the Lease Agreement in substantially the same form as the attached Exhibit"A".
Section 3. Authorization of City Manager and City Attorney. The City Manager and City
Attorney are authorized to do all things necessary to effectuate the terms of this Resolution.
Section 4. Effective Date. This Resolution shall become effective upon adoption.
PASSED AND ADOPTED this 'Zis* day of m All 2015.
George '. Scholl, Mayor
Approving First Amendment to Lease Agreement Page I of 2
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ATTEST, . ' ,
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Jane'A. Hines, MIVMC, City Clerk
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APPROVED / S TO FORM
F• �ICIENCY:
go, ,,HaM'inot, City a ttorney
Moved by:
____ex.rh t A nrJ
Seconded by: Cif)ry on.t. :Rto1,34t. LEA/IA)
Vote: S-p
Mayor Scholl ✓-(Yes) (No)
Vice Mayor Gatto ✓(Yes) (No)
Commissioner Aelion L/(Yes) (No)
Commissioner Goldman ✓ (Yes) (No)
Commissioner Levin ✓(Yes) (No)
Approving First Amendment to Lease Agreement Page 2 of 2
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•
FIRST AMENDMENT TO LEASE AGREEMENT
ST
This First Amendment to Lease Agreement, effective as of May a..1 , 2015, entered into by and
between CITY OF SUNNY ISLES BEACH, FLORIDA, a municipal corporation of the State of Florida
("Lessor"), and FLY ME TO THE MOON, LLC, a Florida limited liability company ("Lessee"),
(collectively referred to herein as the "Parties").
PRELIMINARY STATEMENTS
WHEREAS, the Lessor and Lessee entered into that certain LEASE AGREEMENT on February
23, 2015 ("Lease") in connection with the real property consisting of 15,500 square feet indoor restaurant
facility with an adjacent outdoor dining area consisting of 2,500 square feet located on the ground level at
the restaurant space at Gateway Park in the City of Sunny Isles Beach, Florida ("Premises").
WHEREAS, the Parties wish to amend the certain provisions contained in the Lease, and:
NOW THEREFORE, in consideration of the receipt of Ten and 00/100 Dollars ($10.00) and
other good and valuable consideration, the receipt and adequacy is hereby acknowledged by the parties
hereby agree as follows:
. 1. Section 2.1, entitled Lessee Build-Out Obligations is amended to permit the Lessee to •
submit the Final Plans to the City Manager or designee within one hundred and eighty (180) days from the
date of execution of the Lease.
2. All other terms and conditions shall remain the same.
IN WITNESS WHEREOF, the parties have executed this First Amendment to Lease Agreement
as of the date first above written.
Signed, Sealed and Delivered in the presence of:
Attest: LESSOR:
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CITY OF UNN , ISLES BEACH, FLORIDA LLC,
Jane ihes, MMC,Ci•',Clerk a Municipal Corpo ation of the State of Florida
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Approve• .: •/'•-m and legal sufficiency
// , By: George " Bud" Scholl, Mayor
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Han Ottinot, City Attorney
LESSEE:
FLY ME TO THE MOON, LLC,
a Florida limited liability company
By: Carlos Galan, as Manager
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SONNY tsz City of Sunny Isles Beach City Commission
F Fs y y George"Bud"Scholl,Mayor
0 — '' `A 18070 Collins Avenue, Suite 250 Jeanette Gatto, Vice Mayor
r47 971' Isaac Aelion Commissioner
? Sunny Isles Beach, Florida 33160
' _ Dana Goldman,Commissioner
(305)947-0606 City Hall Jennifer Levin,Commissioner
(305)949-3113 Fax
a '9 Christopher J.Russo City Manager
's'e. 91 LO •\.° s`O (305)947-2150 Building Department
Hans Ottinot,City Attorney
car'OF suN Pao (305)947-5107 Fax Jane A.Hines,MMC,City Clerk
MEMORANDUM
TO: Honorable Mayor and City Commission
FROM: Christopher J. Russo, City Manager
DATE: May 21, 2015
RE: First Amendment to Gateway Restaurant Lease
RECOMMENDATION:
This Resolution is presented for your consideration.
REASONS:
The Lessee for the Gateway restaurant facility requests additional time to submit plans to the
Office of the City Manager. This First Amendment modifies the submittal time from 120 days
from date of execution of the Lease to 180 days. The date of the execution of the Lease is
February 23, 2015.