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RESOLUTION NO. 2023- 5 <br />A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, <br />FLORIDA, RATIFYING A THIRD AMENDMENT TO THE LEASE AGREEMENT <br />BETWEEN THE CITY OF SUNNY ISLES BEACH, FLORIDA, AND SUFFOLK <br />CONSTRUCTION COMPANY, INC., EXTENDING THE TERM OF THE LEASE <br />AGREEMENT TO JULY 31, 2023, ATTACHED HERETO AS EXHIBIT "A"; PROVIDING <br />THE CITY MANAGER WITH THE AUTHORITY TO DO ALL THINGS NECESSARYTO <br />EFFECTUATE THE TERMS OF THE SECOND AMENDMENT; AND PROVIDING FOR <br />AN EFFECTIVE DATE. <br />WHEREAS, the City of Sunny Isles Beach, Florida ("City") owns property located at 18050 <br />Collins Avenue, Sunny Isles Beach, which was formerly operated as a Tony Roma's restaurant <br />("Property"); and <br />WHEREAS, Suffolk Construction Company, Inc. ("Suffolk") desired to rent, and the City <br />desired to lease, a portion of the Property as a temporary construction office from the City; and <br />WHEREAS, on July 21, 2022, via Resolution No. 2022-3376, the City Commission approved <br />a lease agreement between the parties for a term commencing on July 23, 2022, and expiring on <br />December 23, 2022, in an amount of Five Thousand Dollars ($5,000.00), per month, subject to <br />the terms and conditions set forth in said lease agreement (the "Lease Agreement"); and <br />WHEREAS, on September 15, 2022, via Resolution No. 2022-3403, the City Commission <br />ratified a First Amendment to the Lease Agreement, providing that Suffolk shall pay rent in an <br />amount of Ten Thousand Dollars ($10,000.00) per month, and may utilize additional space within <br />the Property as set forth therein; and <br />WHEREAS, on December 15, 2022, via Resolution No. 2023-3459, the City Commission <br />ratified Second Amendment to the Lease Agreementwith Suffolk, extending the leaseterm and <br />increasing the monthly rent, in an amount of $20,000.00 per month; and <br />WHEREAS, pursuant to the authority provided by the City Commission, the City Manager <br />executed a Third Amendment to the Lease Agreementwith Suffolk, extending the lease term to <br />July 31, 2023, attached hereto as Exhibit "A". <br />NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OFTHE CITY OF SUNNY <br />ISLES BEACH, FLORIDA: <br />Section 1. Incorporation of Recitals. The foregoing recital paragraphs are hereby ratified and <br />confirmed as being true and the same are hereby made part of this Resolution. <br />Section 2. Ratification of Third Amendment to the Agreement. The City Commission hereby <br />ratifies the Third Amendment to the Lease Agreement between the City of Sunny Isles Beach and <br />Suffolk Construction Company, Inc., attached hereto as Exhibit "A". <br />R2023 Second Amendment to Suffolk Lease Page 1 oft <br />