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RESOLUTION NO. 2013-2 I L� <br />A RESOLUTION OF THE CITY COMMISSION OF THE CITY <br />OF SUNNY ISLES BEACH, FLORIDA, APPROVING THE FIRST <br />AMENDMENT AND CONSENT TO ASSIGNMENT BETWEEN <br />THE CITY OF SUNNY ISLES BEACH, FLORIDA, AMERICAN <br />FEDERATED TITLE CORPORATION, AS TRUSTEE UNDER <br />FLORIDA LAND TRUST #3258, AND BEACH BAR @ NEWPORT <br />PIER, LLC, A FLORIDA LIMITED LIABILITY COMPANY, FOR <br />MANAGEMENT OF THE PIER, IN SUBSTANTIALLY THE <br />SAME FORM ATTACHED HERETO AS EXHIBIT "A "; <br />AUTHORIZING THE NIAYOR TO EXECUTE SAID FIRST <br />AMENDMENT AND CONSENT TO ASSIGNMENT; PROVIDING <br />THE CITY MANAGER AND THE CITY ATTORNEY WITH THE <br />AUTHORITY TO DO ALL THINGS NECESSARY TO <br />EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN <br />EFFECTIVE DATE. <br />WHEREAS, City of Sunny Isles Beach, Florida (the "City'), and American Federated <br />Title Corporation; as Trustee under Florida Land Trust #3258 (`Assignor') entered into a Lease <br />Agreement dated July 26, 2013 (the 'Prime Lease`) for the lease of restaurant facilities and a bait <br />shop located at the Historic Newport Fishing Pier (Pier') with the address of 16501 Collins <br />Avenue, Sunny Isles Beach, Florida 33160 (the "Leased Premises"); and <br />WHEREAS, City and Assignor are parties to a Management Agreement for the Pier <br />exclusive of the restaurant and bait shop, approved by the City Commission on July 18, 2013; and <br />WHEREAS. City. Assignor, and Beach Bar @ Newport Pier, LLC, a Florida limited <br />liability company ("Assignee') subsequently entered into a Sublease Agreement for the Pier <br />wherein Assignor agreed to sublease the premises to Assignee in order for Assignee to operate <br />Beach Bar @ Newport Pier restaurant at the Pier: and <br />WHEREAS. Section 21 of the Management Agreement between City and Assignor allows <br />City and Assignor to assign rights under the Management Agreement with prior written consent of <br />Citv: and <br />WHEREAS. Assignor desires to assign and Assignee desires to assume Assignor's rights <br />and obligations with respect to the Management Agreement in order for Assignee to manage the <br />Pier; and <br />WHEREAS, City desires to provide its consent to this assignment. <br />NOW THEREFORE, BE IT RESOLVED BY THE CITY CONUNIISSION OF THE <br />CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: <br />Section 1. Approval of the First Amendment and Consent to Assignment. The First <br />Amendment and Consent to Assignment between City. Assignor and Assignee, attached hereto as <br />Exhibit "A ", is hereby approved in substantially the same form. <br />Page 1 of 2 <br />