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Home My WebLink AboutReso 2009-1491 RESOLUTION NO. 2009- 14 q t,;;, A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING A FIRST AMENDMENT TO LEASE AGREEMENT ("AMENDMENT") BETWEEN TURNBERRY INTERNATIONAL REALTY AND CITY OF SUNNY ISLES BEACH FOR LEASED PREMISES LOCATED AT 16100 COLLINS AVENUE; AUTHORIZING THE MAYOR TO EXECUTE SAID AMENDMENT; PROVIDING THE CITY MANAGER AND THE CITY ATTORNEY WITH THE AUTHORITY TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Turnberry International Realty ("Turnberry") is currently a tenant at the property located at 16100 Collins Avenue; and WHEREAS, Turnberry wishes to amend its current lease agreement; and WHEREAS, the City agrees to amend the current lease. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Approval of the First Amendment to Lease Agreement. The First Amendment Lease Agreement between the City of Sunny Isles Beach and Turnberry International Realty for leased premises located at 16100 Collins A venue attached hereto as Exhibit "A" is hereby approved. Section 2. Authorization of Mayor. The Mayor is herby authorized to execute said Amendment to lease with Turnberry International Realty. Section 3. Authorization of the City Manager and City Attorney. The City Manager and the City Attorney is hereby authorized to do all things necessary to effectuate same. Section 4. Effective Date. This Resolution shall become effective upon adoption. PASSED AND ADOPTED this 15'" day of October 2009.~ ~ - ..', \.... II ( . '... .~. Approving The Aln~ndl1]ent.To Lei~e.with Tumberry Int. Realty. Page I 01'2 Vote: S-D Mayor Edelcup Vice Mayor Thaler Commissioner Goodman Commissioner Brezin Commissioner Scholl Moved by: Seconded by: -l,...~':JY es) ~CY es) -----'-LCYes) -4CY es) -LCYes) Approving The Amendment To Lease With Tumberry In!. Realty. Page 2 01'2 ~~ <;:~\40LL. \/\U. M~-v- -W~~12.. (No) (NO) _(NO) _(NO) _(NO) FIRST AMENDMENT TO LEASE This First Amendment to Lease ("Amendment") is made and entered into effective as of the 2'~ day of September, 2009, by and between, the City of Sunny Isles Beach, Florida ("Landlord") and Turnberry International Realty ("Tenant"). RECITALS: WHEREAS, Plaza Isles LLC and Tenant previously entered into that Shopping Center Lease Agreement on or about May 31, 2006, (the "Original Lease") leasing certain premises located at or commonly known as 16200 Collins Avenue, City of Sunny Isles Beach, ("Leased Premises"); and WHEREAS, Landlord recently purchased the property located at 16200 Collins Avenue, from Plaza Isles LLC; and WHEREAS, Landlord and Tenant desire to amend the terms of the Original Lease as hereinafter provided. NOW, THEREFORE, for and in consideration of the mutual covenants set forth herein, and other good and valuable consideration, the receipt and suffiCiency of which are hereby acknowledged, Landlord and Tenant do hereby agree as follows: 1. Definitions. All terms used in this First Amendment which are defined in the Original Lease shall have the same meaning in the Lease, unless otherwise specifically defined herein. Any conflict or inconsistency between definition and terms between the Original Lease and this First Amendment shall be governed by the definition in this First Amendment. 2. Rent. Section 2.01 of the Original Lease shall be amended to provide that the leased rate shall be reduced to $26.00 (twenty six dollars) per square foot, i.e. $2,600.00 (two thousand six hundred dollars) per month plus applicable sales tax for the duration of the Term as deflned in Paragraph 4 below. 3. Contribution to Sunny Isles School Trust Fund. Tenant agrees to make a $5,000.00 (five thousand dollar) contribution to "the Sunny Isles School Trust Fund", with the first $2,500.00 being due upon execution of this First Amendment to Lease, and the remaining $2,500.00 being due within 30 (thirty) days thereafter. 4. Term. Section 1.04 of the Original Lease shall be amended to eliminate the original lease expiration date of August 31, 2011, and to provide that Landlord and Tenant hereby agree that Tenant shall be provided six (6) months of continuous occupancy beginning on Oc..~ 1 , 2009 and ending on ~cLl \ ~o , 2010. After A-pv0.\ ~O , 2010, the Term shall continue on a month to month basis for six (6) months thereafter. 5. Authorization. The parties executing this First Amendment represent and warrant they are authorized to execute the same on behalf of the party in which they respectively represent and can, by their signatures, effectively bind such party to the obligation set forth herein. 6. Ratification and Conflicts. Except as amended hereby, the Original Lease remains in full force and effect. All terms, covenants, and conditions of the Original Lease not expressly modified herein are hereby confirmed and ratified and remain in full force and effect, and, as further amended hereby, constitute valid and binding obligations of Landlord and Tenant enforceable according to the terms thereof. In the event there is a conflict between the terms and provisions of this First Amendment and the Original Lease, the terms and provisions of this First Amendment shall control and govern. 7. Successors and Assigns. All of the covenants contained in this First Amendment, including, but not limited to, all covenants of the Lease as modified hereby, shall be binding upon and shall inure to the benefit of the parties hereto and their respective heirs, legal representatives and permitted successors and assigns. 8. Counterparts. This First Amendment may be executed in multiple counterparts, each of which shall be an original, but all of which shall constitute one and the same First Amendment. IN WITNESS WHEREOF, the parties have executed this Amendment as of the day and year first written above. A TrEST: LANDLORD: ~~L J am~ A. Hines, C)ty Clerk TENANT: :~~ Name: ~ f~~ Title: ~o -- Witness: Preview Page 1 of 1 City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 (305) 947-0606 City Hall (305) 949-3113 Fax MEMORANDUM TO: The Honorable Mayor and City Commission FROM: Hans Ottinot, City Attorney DATE: 10/15/2009 RE: Amended Lease Between City of Sunny ISles Beach and Turnberry International Realty RECOMMENDATION: It is recommended that the attached Resolution be approved. REASONS: At the time of purchase of the property located at 16100 Collins Avenue, the City inherited several leases. The lease agreement forTurnberry International Realty ("Turnberry") is one of the leases inherited by the City. To facilitate the construction of the park on the aforementioned property, the City has agreed to reduce the lease payments of Turnberry for a shorter term lease. Specifically, Turnberry's lease will expire on April 20, 2010 instead of August 31, 2011. Please note that Turnberry was paying $70.00 per square feet under the original lease and the modified lease provides payment of $26.00 per square feet. ATTACHMENTS: . Amended Lease . Resolution http://sibagenda.sibfl.net/agenda/Preview.aspx?ItemID=1 07 &MeetingID=O&MeetingDate... 10/6/2009 City Commission Norman S. Edelcup Mayor Lewis J. Thaler Vice Mayor Roslyn Brezin Commissioner Gerry Goodman Commissioner George "Bud" Scholl Commissioner Rick Conner City Manager Hans Ottinot City Attorney Jane A. Hines City Clerk October 21, 2009 George Perez Turnberry International Realty 16200 Collins Avenue Sunny Isles Beach, FL 33160 Re: First Amendment to Lease Agreement Dear Mr. Perez: At its regular meeting of October 15, 2009, the City Commission adopted Resolution No. 2009-1491, which approved the above-referenced agreement with Turnberry International Realty. Enclosed are an original agreement and a copy of the approving resolution for your files. ~ Enclosures cc: Hans Ottinot, City Attorney (w/o attachments) Rick Conner, City Manager (w/o attachments)