SECOND AMENDMENT TO AMENDED AND RESTATED LEASE AGREEMENT BETWEEN BROWARD COUNTY AND PORTSIDE YACHTING CENTER 2 LLC

Similar documents
FIFTH AMENDMENT TO LEASE OF REAL PROPERTY BETWEEN CITY OF HOLLYWOOD AND BROWARD COUNTY

AGREEMENT. among BROWARD COUNTY. and CITY OF FORT LAUDERDALE. and DOWNTOWN DEVELOPMENT AUTHORITY OF THE CITY OF FORT LAUDERDALE.

ORDINANCE NO

RESOLUTION NO

AGENDA REPORT. Meeting Date: November 6, 2018 Item Number: To: From:

STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION LOCALLY FUNDED AGREEMENT

THIS CONVEYANCE IS SUBJECT TO

INTERLOCAL AGREEMENT BETWEEN LAKE COUNTY AND THE LAKE COUNTY TAX COLLECTOR FOR THE GREATER GROVES MUNICIPAL SERVICE BENEFIT UNIT

QUIT CLAIM DEED (Pursuant to F. S )

EXHIBIT 2 Page 1 of 6

DECLARATION OF RESTRICTIVE COVENANTS (AFFORDABLE HOUSING)

DECLARATION OF RESTRICTIVE COVENANTS (AGE RESTRICTED)

Appendix B. KAAPA Ethanol, L.L.C. Membership Unit Redemption Agreement

ENCROACHMENT AGREEMENT

RESOLUTION NO

FIFTH AMENDMENT TO LEASE. _.7This FIFTH AMENDMENT TO LEASE ( Fifth Amendment ) is made effective as of the RECITALS:

General Assignment Of Leases And Rents

FIFTH AMENDMENT TO NEW LEASE

SCHOOL BOARD OF PALM BEACH COUNTY, FLORIDA AMENDMENT TO LEASE AGREEMENT. between SCHOOL BOARD OF PALM BEACH COUNTY, FLORIDA. (School Board) and

CITY OF WARRENVILLE DuPage County, Illinois RESOLUTION NO

PURCHASE AND SALE AGREEMENT (Food Truck)

SUBLEASE AGREEMENT. 4. Term. This Sublease will be for a term beginning on January 31, 2018 and ending on April 30, 2018 (the Term ).

NON-EXCLUSIVE EASEMENT AGREEMENT

MEMO TULSA COUNTY PURCHASING DEPARTMENT. LRD/sks DATE: JUNE 4,2014 FROM: LINDA R. DORRELL ~SL '.. Q ~... \ \ PURCHASING DIRECTOR ~, "V VVV'\

SUBLEASE AGREEMENT W I T N E S S E T H:

COVENANT AGREEMENT BETWEEN THE CITY OF RAPID CITY AND GWH PROPERTIES, LLC TO PERMIT CERTAIN ENCROACHMENTS IN PEDESTRIAN AND UTILITY EASEMENT

AGREEMENT RECITALS: Draft 3/26/2015

CONTRACT SUMMARY SHEET

PROPERTY EXCHANGE & CONVEYANCE AGREEMENT RECITALS

ASSIGNMENT, ASSUMPTION, AND CONSENT AGREEMENT RECITALS

PROPERTY LEASE AGREEMENT

ORDINANCE NO

Contract of Sale. Witnesseth:

ESCROW AGREEMENT. Recitals

SECURITY AGREEMENT -- PLEDGE OF CERTIFICATE OF DEPOSIT RECITALS:

CITY OF BULLHEAD CITY,.* COUNCIL COMMUNICATION MEETING DATE: May 19, 2015

COMMERCIAL SUBLEASE AGREEMENT. (the "Sublandlord") - AND - (the "Subtenant")

AMENDED AND RESTATED MEMORANDUM OF AMENDED AND RESTATED LEASE AGREEMENT

AGREEMENT FOR NASSAU COUNTY TO REIMBURSE THE PROPERTY APPRAISER AND TAX COLLECTOR

LEASE AGREEMENT TIE DOWN SPACE

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C FORM 8-K

Town of South Berwick Contact: Public Sale of Tax Acquired Property. Tax Map 10 Lot 30. Bid Packet

PERMANENT EASEMENT AGREEMENT. good and valuable consideration, the sufficiency and receipt of which is hereby acknowledged, The Esther Harrison

EQUIPMENT LEASE AGREEMENT

UNDERGROUND CABLE EASEMENT AGREEMENT

TEMPORARY CONSTRUCTION EASEMENT JEA SEWER SYSTEM CUSTOMER OWNED, OPERATED AND MAINTAINED

Commercial Lease Agreement

REAL ESTATE CONTRACT

RESOLUTION NO

AIR RIGHTS OPTION AGREEMENT

ESCROW AGREEMENT FOR RESERVATION AGREEMENT DEPOSITS FOR SHELTER COVE OF PERDIDO, A CONDOMINIUM

PROPERTY EXCHANGE AGREEMENT

PERPETUAL DRAINAGE EASEMENT

SECOND AMENDMENT TO PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS (7872 Edinger)

NEW ORLEANS MUNICIPAL YACHT HARBOR MANAGEMENT CORPORATION LEASE ASSIGNMENT BOATHOUSE # ASSIGNOR ASSIGNEE

Attachment A THIRD AMENDMENT TO LEASE

PERMANENT DRAINAGE EASEMENT

PALM BEACH COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY I. EXECUTIVE BRIEF

APARTMENT LEASE AGREEMENT

A RESOLUTION OF THE CITY OF SAUSALITO APPROVING THE NINTH AMENDMENT TO THE LEASE BY AND BETWEEN THE CITY OF SAUSALITO AND THE NEW VILLAGE SCHOOL.

TEMPORARY CONSTRUCTION EASEMENT

STORMWATER & DRAINAGE EASEMENT

FIRST AMENDMENT TO LEASE AGREEMENT

NORTH CAROLINA LEASE AGREEMENT

Dan Thomas Page 1 of 10

STAFF REPORT TO THE (CITY COUNCIL, AGENCY, ETC.) The Mayor and Members of the City Council

EXHIBIT D ATTACHMENTS ATTACHMENT A ASSIGNMENT AND ASSUMPTION AGREEMENT

CONSENT TO ASSIGNMENT OF LEASE

USE AGREEMENT AMONG <OWNER>, <LESSEE>, AND ORANGE COUNTY. THIS USE AGREEMENT (the Agreement ) is entered into by and among

To achieve the conservation purposes, the following conditions and restrictions are set forth:

FIFTH AMENDMENT TO LEASE

For the City Council Meeting of February 22, 2010 Item #A10 For Introduction and Action

D E P A R T M E N T O F P L A N N I N G A N D D E V E L O P M E N T

ACKNOWLEDGMENT OF ASSIGNMENT

RESOLUTION NO

LOAN CURE RIGHTS AGREEMENT

THE TOWNHOMES AT WESTLINKS

EXHIBIT 3 Page 1 of 6

MEMORANDUM. Pages: 3. Background:


MEMORANDUM. First Read: Temporary Easement Agreement for Palisades Venture, LLC

STAFF REPORT TO THE (CITY COUNCIL, AGENCY, ETC.) The Mayor and Members of the City Council

SUBLEASE AGREEMENT RECITALS

RECITALS. PPAB v3 PPAB v4

PARTIAL RELEASE OF LEASE

RECITALS. Page 1 of 9

Town of Chelsea, Maine Notice of Public Sale of Tax Acquired Property OFFICIAL NOTICE

ASSIGNMENT OF LEASES AND RENTS

CITY AND COUNTY OF BROOMFIELD SUBDIVISION IMPROVEMENT AGREEMENT FOR (PROPERTY NAME - ALL CAPS)

WHEREAS, the parties hereto have mutually agreed to the terms of this Lease as hereinafter set out.

CITY OF SOUTH LAKE TAHOE Purchase and Sale Agreement

IOWA LEASE AGREEMENT

DECLARATION OF ELEVATED PEDESTRIAN WALKWAY EASEMENT

Agenda Item No. 6c July 14, Rod Moresco, Director of Public Works/City Engineer

TWISP MUNICIPAL AIRPORT GROUND LEASE

192 Middle Road, Falmouth, Maine (the Property ) TENANT NAME:, 20 to, 20 (the Initial Term )

RESIDENTIAL ACCESS AGREEMENT. ( Owner ) and Butte-Silver Bow County ( BSB ) enter into this Residential Access Agreement ( Agreement ) this day of.

THIS LOT PURCHASE AGREEMENT is made and entered into this the day. of, 2016, by and between Welch Real Estate Holdings, LLC

NEW MARKET BYPASS MEMORANDUM OF UNDERSTANDING

PATENT PURCHASE AGREEMENT

Transcription:

SECOND AMENDMENT TO AMENDED AND RESTATED LEASE AGREEMENT BETWEEN BROWARD COUNTY AND PORTSIDE YACHTING CENTER 2 LLC This Second Amendment to the Amended and Restated Lease Agreement for Lease of Land at Port Everglades ( Second Amendment ) is made and entered into as of this day of, 2018, by and between Broward County, a political subdivision of the State of Florida ( Landlord ), and Portside Yachting Center 2 LLC, a Florida limited liability company ( Tenant ). Landlord and Tenant are collectively referred to as the Parties. RECITALS A. The Landlord and Portside Yachting Center LLC entered into the Amended and Restated Lease for Lease of Land at Port Everglades ( Lease ) effective on November 21, 2016 ( Effective Date ), whereby the Landlord agreed to lease to Portside Yachting Center LLC, and Portside Yachting Center LLC agreed to lease from Landlord, the real property described in the Lease ( Premises ). B. Portside Yachting Center LLC, with the approval of the Landlord, assigned the Lease to Tenant on November 21, 2016. C. The Parties entered into the Amendment to the Amended and Restated Lease Agreement for Lease of Land at Port Everglades dated December 12, 2017 ( First Amendment ), which extended the Term of the Lease to the earlier of: (1) March 31, 2018; or (2) thirty (30) days after the removal or evacuation of all Subtenants from the Premises. D. The Parties desire to further amend the Lease in order to allow Tenant to occupy the Premises beyond the Term of the Lease, on a month-to-month basis. AMENDMENT NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: 1. Unless otherwise defined in this Second Amendment, the capitalized terms in this Second Amendment have the respective meanings ascribed to them in the Lease and the definitions of those terms in the Lease are incorporated by reference into this Second Amendment. If there is a conflict or inconsistency between any term, statement, requirement, or provision of the Lease, as previously amended, and any provision of this Second Amendment, the provisions of this Second Amendment shall prevail and be given effect.

2. The recitals set forth above are true, accurate, and fully incorporated herein by this reference. 3. Section 2 of the Lease shall be amended to create a new Section 2.3, to read as follows: 2.3. Holdover by TENANT. TENANT may remain in possession of the Premises after the expiration of the Term of the Modified Lease ( Holdover ), but a Holdover shall not be deemed or construed to be a renewal or extension of the Modified Lease. Any Holdover by TENANT shall create a month-tomonth tenancy, subject to all conditions, provisions, and obligations of this Modified Lease. During any Holdover, TENANT shall pay LANDLORD rent equal to Three Thousand Dollars ($3,000) per month ( Holdover Rent ) on or before the first day of each month. Holdover Rent shall be paid in advance at the Broward County Real Property Section, Broward County Governmental Center, Room 501, 115 South Andrews Avenue, Fort Lauderdale, Florida 33301, without prior demand and without any abatement, deduction or setoff. 4. This Second Amendment is hereby incorporated into the Lease, and all of the terms and conditions contained in the Second Amendment shall be binding on the Parties. 5. Except as expressly modified herein, all terms and conditions contained in the Lease, as modified in the First Amendment, shall remain unchanged and in full force and effect. 6. The Lease, as previously modified and as modified by this Second Amendment, incorporates and includes all prior negotiations, correspondence, conversations, agreements, and understandings applicable to the matters contained herein, and the Parties agree that there are no commitments, agreements, or understandings concerning the subject matter hereof that are not contained in the Lease as modified hereby. Accordingly, the Parties agree that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. 7. Multiple originals of this Second Amendment may be executed by the Parties, each of which, bearing original signatures, shall have the force and effect of an original document. 8. This Second Amendment has been jointly prepared by the Parties hereto, and shall not be construed more strictly against either Party. 9. Each individual executing this Second Amendment on behalf of a Party hereto represents and warrants that he or she is, on the date of execution, duly authorized by all 2

necessary and appropriate action to execute this Second Amendment on behalf of such Party and does so with full legal authority. IN WITNESS WHEREOF, the Parties have entered into this Second Amendment, with Tenant signing by and through its duly authorized representative, and BROWARD COUNTY, through its Board of County Commissioners, signing by and through its Mayor or Vice-Mayor, authorized to execute same by Board action on the day of _, 20. LANDLORD ATTEST: Broward County Administrator, as Ex-officio Clerk of the Broward County Board of County Commissioners BROWARD COUNTY, through its Board of County Commissioners By Mayor or Vice-Mayor day of, 20 Approved as to form by Andrew J. Meyers Broward County Attorney Governmental Center, Suite 423 115 South Andrews Avenue Fort Lauderdale, Florida 33301 Telephone: (954) 357-7600 Telecopier: (954) 357-7641 By Annika E. Ashton (Date) Senior Assistant County Attorney 3

#280558 4

SECOND AMENDMENT TO THE AMENDED AND RESTATED LEASE AGREEMENT FOR LEASE OF LAND AT PORT EVERGLADES BETWEEN BROWARD COUNTY AND PORTSIDE YACHTING CENTER 2 LLC. WITNESSES: Witness 1 Signature Witness 1 Print/Type Name Witness 2 Signature TENANT: PORTSIDE YACHTING CENTER 2 LLC, Florida limited liability company By Steven W. Hudson, Manager day of, 20. Witness 2 Print/Type Name 5