Reso 2016-2537 - Laserfiche WebLink

Home Browse Search

SECOND AMENDMENT TO LEASE AGREEMENT This Second Amendment to Lease Agreement, effective as of March 1 , 2016, 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 1 entitled Leased Premises, Use, and Common Area is amended to include permitted uses of the Premises by the Lessee to be that of a gourmet marketplace containing multi- unit quick serve restaurants and gourmet food kiosks. 2. Section 3 entitled Term is amended to change the notice provision for the Lessee to advise the City that it intends to extend the Lease from One Hundred and Fifty (150) days to Two Hundred-and Seventy (270) days. 3. Section 4.1 entitled Base Rent is deleted in its entirety and replaced with the following: a. 4.1 Base Rent. Lessee shall pay directly to Lessor, in lawful United States currency, a guaranteed monthly payment as indicated below and as set forth in Table 1.1, attached hereto as Exhibit "A" (the "Base Rent") plus all applicable sales tax. Rent is due no later than the fifteenth (15`h) day of each month. Rent shall be payable to the City of Sunny Isles Beach C/O the City's Finance Department located at 18070 Collins Avenue, Sunny Isles Beach, FL 33160. Rent shall commence upon issuance of the Temporary Certificate of Occupancy ("Rent Commencement Date"), as hereinafter defined. i. Year One. Commencing on the Rent Commencement Date and for one (1)year thereafter subject to the Rent Abatement Period below the Base Rent shall be Twenty Nine Thousand One Hundred and Sixty Six and 67/100 Dollars ($29,166.67) per month or $350,000 annually; Page 115 SIB