Palm Court at 23rd Street 1st Amendment to Lease w ~°U ~ l~9~
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FIRST AMENDMENT TO LEASE
THIS AMENDMENT, dated as of the day of January, 2009, by and between PALM
COURT AT 23RD STREET, LTD., (hereinafter referred to as "Landlord"), and the CITY OF
MIAMI BEACH, a Florida municipal corporation, (hereinafter referred to as "City" or
"Tenant").
WITNESSETH
WHEREAS, Landlord and Tenant entered into that certain Lease Agreement (the "Lease"),
dated August 1, 2006, with respect to certain premises generally described in the Lease as
6,900 rentable square feet consisting of Suites 170 and Suite 200 (as more fully described
in Exhibit A and Exhibit B to the Lease) in the property known as Palm Court, located at 309
23~d Street, Miami Beach, Florida.
WHEREAS, pursuant to section 2.2 of the Lease, Tenant exercised its option to extend the
Lease through July 31, 2009;
WHEREAS, the Lease does not currently provide for additional extensions of the Lease
term;
WHEREAS, Tenant desires to extend the Lease term beyond the July 31, 2009 Termination
Date;
WHEREAS, Landlord agrees to extend the Lease subject to the terms and conditions
herein;
WHEREAS, all other terms and conditions contained in the Lease shall have the same
meanings when referred to elsewhere herein;
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
herein Landlord and Tenant hereby agree as follows:
1. Article 2.2 is hereby amended as follows:
The Tenant shall have an option, at its sole discretion, to extend the Lease term
for an additional one (1) year term, upon the terms and conditions provided
herein (First Renewal Term). In order to exercise the option, Tenant must
furnish written notice to Landlord of its intention to exercise the extension no later
than 180 days prior to the Termination Date set forth in subsection 2.1. Tenant's
failure to timely furnish such written notice shall be deemed to relieve the
Landlord of any obligation to provide such renewal option to Tenant. There shall
be a five (5) calendar day grace period for the receipt of such notice. Notice shall
be made via certified mail or overnight courier service to the Landlord's place of
business, as set forth in Section 27 of the Agreement.
Following expiration of the First Renewal Term, the Tenant shall have the
option, at its sole discretion, of extending the Lease, uaon the same terms and
conditions provided herein, for a second one (1) year term, commencing on
August 1, 2009, and terminating on July 31, 2010, (the Second Renewal Term)
by providing written notice to Landlord 180 days arior to expiration of the First
Renewal Term. Notwithstanding the areceding, Tenant may terminate this
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Lease, without cause for convenience, during the Second Renewal Term as
follows: Early termination may be exercised by Tenant either on January 31,
2010, or April 30, 2010, by providing written notice to Landlord 120 days prior
to the date elected for termination.
2. Except as hereby modified and amended, all other terms, provisions, covenants and
conditions of the Lease shall remain unmodified and in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be signed by
the respective duly authorized officers and the respective corporate seals to be affixed this
day of .xrP /t u ~ , 2009.
ATTEST: CITY OF MIAMI BEACH, FLORIDA
BY: Gt,~-C~-~ BY
Robert Parcher, City Clerk Matt' errera ow r, Mayor
ATTEST: PALM COURT AT 23RD STREET, LTD.
Palm Court Inc. (general partner)
BY: ~ BY:
o a ~l3roomberg, Secretary erg, resident
T.•IAGENDA120091January 281ConsentlPalmCourt.Lease.1st amendment.doc
APPROVED AS TO
FORM NGUAGE
F CUTION
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