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<br />FIRST AMENDMENT TO LEASE <br /> <br />This First Amendment to Lease ("Amendment") is made and entered into effective as of <br />the 2'~ day of September, 2009, by and between, the City of Sunny Isles Beach, Florida <br />("Landlord") and Turnberry International Realty ("Tenant"). <br /> <br />RECITALS: <br /> <br />WHEREAS, Plaza Isles LLC and Tenant previously entered into that Shopping Center <br />Lease Agreement on or about May 31, 2006, (the "Original Lease") leasing certain premises <br />located at or commonly known as 16200 Collins Avenue, City of Sunny Isles Beach, ("Leased <br />Premises"); and <br /> <br />WHEREAS, Landlord recently purchased the property located at 16200 Collins Avenue, <br />from Plaza Isles LLC; and <br /> <br />WHEREAS, Landlord and Tenant desire to amend the terms of the Original Lease as <br />hereinafter provided. <br /> <br />NOW, THEREFORE, for and in consideration of the mutual covenants set forth herein, <br />and other good and valuable consideration, the receipt and suffiCiency of which are hereby <br />acknowledged, Landlord and Tenant do hereby agree as follows: <br /> <br />1. Definitions. All terms used in this First Amendment which are defined in the Original <br />Lease shall have the same meaning in the Lease, unless otherwise specifically defined <br />herein. Any conflict or inconsistency between definition and terms between the Original <br />Lease and this First Amendment shall be governed by the definition in this First <br />Amendment. <br /> <br />2. Rent. Section 2.01 of the Original Lease shall be amended to provide that the leased rate <br />shall be reduced to $26.00 (twenty six dollars) per square foot, i.e. $2,600.00 (two <br />thousand six hundred dollars) per month plus applicable sales tax for the duration of the <br />Term as deflned in Paragraph 4 below. <br /> <br />3. Contribution to Sunny Isles School Trust Fund. Tenant agrees to make a $5,000.00 (five <br />thousand dollar) contribution to "the Sunny Isles School Trust Fund", with the first <br />$2,500.00 being due upon execution of this First Amendment to Lease, and the remaining <br />$2,500.00 being due within 30 (thirty) days thereafter. <br /> <br />4. Term. Section 1.04 of the Original Lease shall be amended to eliminate the original lease <br />expiration date of August 31, 2011, and to provide that Landlord and Tenant hereby agree <br />that Tenant shall be provided six (6) months of continuous occupancy beginning on <br />Oc..~ 1 , 2009 and ending on ~cLl \ ~o , 2010. <br />After A-pv0.\ ~O , 2010, the Term shall continue on a month to month basis <br />for six (6) months thereafter. <br />