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Reso 2016-2537
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Reso 2016-2537
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Last modified
7/17/2024 2:02:15 PM
Creation date
4/26/2016 4:57:24 PM
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CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
2016-2537
Date (mm/dd/yyyy)
03/17/2016
Description
2nd Amd to Lease Agmt w/Fly Me to the Moon, LLC at Gateway Park
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8. Section 15 entitled Assignment and Subletting is amended to incorporate and allow <br /> Lessee to sub-lease space within the Premises to third party restaurants and gourmet <br /> food kiosks provided the Lessee obtains the Lessor's approval prior to leasing out <br /> any space within the Premises. If Lessee does sub-lease space within the Premises, <br /> Lessee shall remain solely and wholly liable to Lessor for any and all of Lessee's <br /> obligations for the subleased space. All sub-lessees shall have sufficient and <br /> appropriate insurance which shall be presented to the Lessor prior to Lessor's <br /> approval of any sub-lease in the Premises. Lessor understands that the sub-leasing <br /> of space within the Premises by the Lessee is integral to the development of the <br /> Premises and Lessee's proposal to sub-lease space shall not trigger Lessor's rights <br /> to recapture any portion of the Leased Premises unless Lessee completes a Transfer <br /> or sub-lease without the Lessor's prior consent. Notwithstanding the foregoing, the <br /> Lessor has the absolute discretion to reject any sublease if the sublease is not in the <br /> best interest of the Lessor. <br /> 9. Exhibit B entitled Leased Premises, attached to original Lease Agreement, is <br /> amended to clarify that no restaurant seating shall be permitted outside of the <br /> Leased Premises. All outdoor dining within the Leased Premises shall comply with <br /> Section 116-2 of the Code of Ordinances of the City of Sunny Isles Beach, with the <br /> exception that self-service of food items shall be permitted for the marketplace. <br /> 10. All other terms and conditions shall remain the same. <br /> IN WITNESS WHEREOF, the parties have executed this Second Amendment to Lease <br /> Agreement as of the date first above written. Signed, Sealed and Delivered in the presence of: <br /> Attest: CITY: <br /> ` �'' ' _ CITY SUNNY ISLES BEACH <br /> a Flo :da Municipal Corporation <br /> Jane Hmes \4 MC City Clerk <br /> ; \ A. By: Geor_e "Bud" Scholl, Mayor <br /> App 1 � , , P 1 m and legal sufficiency <br /> ins O knot, Cry Attorney <br /> LESSEE: <br /> FLY ME TO THE MOON, LLC, <br /> a Florida limited liab'l ity company <br /> Al• <br /> By: Carlos Ga an, Manager <br /> Page 414 <br /> sIE <br />
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