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<br />FIRST ADDENDUM TO LEASE AGREEMENT BETWEEN <br />THE CITY OF SUNNY ISLES BEACH AND <br />VANGUARD CAR RENTAL USA INC. <br /> <br />THIS FIRST ADDENDUM TO LEASE (the "First Addendum") is made and entered <br />into this day of April, 2005 between THE CITY OF SUNNY ISLES BEACH, FLORIDA, <br />a Florida municipal corporation ("Landlord"), and VANGUARD CAR RENTAL USA INC., a <br />Delaware corporation ("Tenant"). <br /> <br />WITNESSETH: <br /> <br />WHEREAS, the Landlord was awarded fee simple title of the Leased Premises (as <br />hereinafter defined) in the case styled City of Sunny Isles Beach v. 18100 Collins Avenue, Case <br />No. 03-21419 CA 10 ("Condemnation Proceedings") by Order dated March 24, 2005 (the <br />"Order"), a copy of which is attached hereto as Exhibit "A~" and <br /> <br />WHEREAS, the Tenant desires to continue to lease and use the Leased Premises for the <br />operation of a rental car facility; and <br /> <br />WHEREAS, the Landlord has agreed to lease the Leased Premises to the Tenant to settle <br />all known and unknown claims that the Tenant may have against the Landlord in the <br />Condemnation Proceedings; and <br /> <br />WHEREAS, Tenant agrees to waive all known and unknown claims that it may have <br />against the Landlord by Landlord's agreement to enter into this First Addendum; and <br /> <br />WHEREAS, Landlord and Tenant are desirous of reviving, acknowledging, modifying <br />and supplementing the terms of that certain Lease Agreement dated July 8, 1997 by and between <br />Mitsubishi Motor Sales of America, Inc., a California corporation, predecessor to Landlord in <br />title to the property of which the Leased Premises are a part (the "Property"), as landlord, and <br />Value Rent-A-Car, Inc., a Florida corporation, predecessor to Tenant's leasehold interest in the <br />Leased Premises, as tenant (as amended, the "Original Lease," a copy of which is attached hereto <br />and made a part hereof as Exhibit "B"), pursuant to the provisions hereof. <br /> <br />NOW THEREFORE, in consideration of the sum of Ten and No/IOO Dollars ($10.00) <br />and other good and valuable consideration, the receipt and sufficiency of which are hereby <br />acknowledged, the parties hereto agree as follows: <br /> <br />1. Reference and Recitals. For convenience of reference, the Original Lease as <br />amended by the terms of this First Addendum shall be referred to herein as the "Amended <br />Lease." The recitals stated above are incorporated herein by reference. <br /> <br />2. Conflicts and Original Lease Acknowledgement. Where the terms of the Original <br />Lease conflict with the terms of this First Addendum, the terms of this First Addendum shall <br />govern and control the Original Lease. All terms and provisions of the Original Lease that are <br />not in conflict with the provisions of this First Addendum are hereby acknowledged as in full <br /> <br />1 <br /> <br />SIB <br />