First amendment to ATM lease ..� .� o20 Al—o?�730
FIRST AMENDMENT TO ATM LEASE
THIS FIRST A NDMENT TO ATM LEASE (this "Amendment"), dated effective
as of the day of 2014 "Effective Date") between CITY OF MIAMI BEACH, a
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Florida municipal corporation ("Landlord"), and SUNTRUST BANK, a Georgia banking
corporation('Tenant"),recites and provides: !
RECITALS:
A. By ATM Lease dated as of June 3,2009 (the"Lease"), Landlord leased to Tenant
and Tenant leased from Landlord those certain premises containing approximately sixteen (16)
square feet of space (the "Premises") in the building known as Miami Beach City Hall and
located at 1700 Convention Center Drive, Miami Beach, Florida 33139 (the "Building"), upon
the terms and conditions set forth therein.
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B. On or about February 28, 2012, the ATM was relocated from the Premises to a
different building.
C. The current tenor of the Lease is scheduled to expire on July 31,2014.
D. Landlord and Tenant now desire to amend the Lease to reflect the new location of
the ATM and to extend the term of the Lease,all as more particularly described below.
AMENDMENT:
FOR and in consideration of the mutual covenants and agreements contained herein and
other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged,Landlord and Tenant hereby agree as follows:
1. Definitions; Recitals. Unless specifically defined herein, all capitalized terms
used in this Amendment shall have the meanings set forth in the Lease. The recitals to this
Amendment are hereby incorporated into and made a part of this Amendment.
2. Amendments to Lease. Landlord and Tenant hereby amend the Lease as follows
effective as of the Effective Date,unless otherwise provided herein:
a. Relocation of Premises: Section 1(a) of the Lease shall be amended to
provide that the Premises under the Lease have been relocated to that certain space, having
approximately sixteen(16) square feet of space, where the ATM is currently situated on the first
(l st) floor, in the location more particularly shown on Exhibit A attached hereto and incorporated
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herein by reference (the "Relocation Space") of that certain building located at 1755 Meridian
Avenue, Miami Beach, Florida 33139 ("Relocated Building") for the installation, operation,
maintenance, replacement and removal of one (1) automated teller machine, or any other similar
machine or terminal ("ATM"). The parties hereto acknowledge and agree that Tenant has
previously surrendered possession of the original Premises to Landlord in the condition required
by the Lease and Tenant shall have no further right,title or interest in or to the original Premises.
All references to the Premises in the Lease and this Amendment shall be deemed to be references
to the Relocation Space; and all references to the Building in the Lease and this Amendment
shall be deemed to be references to the Relocated Building. Landlord hereby approves Tenant's
current improvements to the Relocation Space.
b. Tenant hereby exercises its option under Section 1(f) of the Lease to
extend the term of the Lease for the Renewal Term which shall continence on August 1, 2014
and expire on July 30,2019 on the same terms and provisions as set forth in the Lease. Landlord
hereby acknowledges and accepts Tenant's exercise of its option to extend the term of the Lease
for the Renewal Term.
C. Exhibit A attached to the original Lease is hereby deleted in its entirety
and replaced with Exhibit A attached to this Amendment.
d. Tenant's Address: Effective as of the date of full execution of this
Amendment, Section 1(h) of the Lease is hereby amended and restated in its entirety to read as
follows:
"Tenant's address: SunTrust Bank
200 South Orange Avenue
Mail Code: 2032; SOAB-3
j Orlando,Florida 32801
Attn: Corporate Real Estate
Phone: (407)237-5208
Fax: (407)237-1718
3. Ratification. Except as expressly amended hereby, the Lease is hereby ratified
and confirmed and remains in full force and effect. In the event of any inconsistency between the
terms of the Lease and this Amendment,the terms of this Amendment shall in all cases govern.
4. Brokerage Commission. Each party represents and warrants that it has not
engaged the services of or dealt with any broker, salesperson or other entity who may claim a
commission or other payment in conjunction with this Amendment. Each party agrees to
indemnify, defend and hold the other harmless from and against all loss, claims, costs and
expenses (including attorneys'fees)caused by a breach of the foregoing representation.
5. Authorization. Each party represents and wan-ants to the other that this
Amendment has been duly authorized, executed and delivered by all necessary action on its
behalf, constitutes the valid and binding agreement of such party and is enforceable in
accordance with its terms. Landlord represents and warrants to Tenant that (i) there are no
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mortgages or deeds of trust encumbering the Premises which require the beneficiary of such
mortgage or deed of trust to consent to this Amendment, and (ii) Landlord is the sole owner of
fee simple title to the Premises and the landlord under the Lease and there is no other person or
entity who has an ownership interest in the Premises or the Lease or whose consent is required to
this Amendment.
6. Successors and Assigns. This Amendment shall inure to the benefit of, and be
binding upon, the parties hereto and their respective hews, personal representatives, successors
and assigns.
7. Entire Agreement. This Amendment, together with the Lease, constitutes the
entire agreement between the parties hereto with respect to the subject matter hereof and
supersedes all prior discussions,understandings, agreements and negotiations between the parties
hereto. This Amendment and the Lease may be modified only by a written instrument duly
executed by the parties hereto.
S. Governing Law. This Amendment shall be construed and enforced in accordance
with the laws of the jurisdiction in which the Premises are located,without regard to principles of
conflicts of laws.
9. Counterparts. This Amendment may be executed in two or more counterparts,
each of which shall be deemed an original and which together shall constitute one and the same
instrument.
10. Except as amended herein, all other terms and conditions of the Lease shall
remain unchanged and in full force and effect.
[SIGNATURES ON FOLLOWING PAGE)
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IN WITNESS WHEREOF, Landlord and Tenant have executed or caused this
Amendment to be executed on their behalf by their duly authorized representatives as of the date
set forth above.
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WITNESSES: LANDLORD:
CITY CLERK. ITY OF MIAMI BEACH
=ANC n' �� jorida municipal corpora �n
0R1- 0 _ s
AB
Warne: Rafael E. Gk4i La o� -...... ��' i
`��>' P iXplen Name:
-oz I ayy
N e: /' Title:
Date:
WITNESSES: TENANT:
SUNTRUST BANK, a Georgia banking
corporation
r
By:
Name: Thomas Crociata
First Vice President
Name: c� t �e Z Date:
APPROVED AS TO
FORM&LANGUAGE
& FOR CUTION
City Attorney e
FLO t745/First Amendment to ATM Lease(5).doc i
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