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HomeMy WebLinkAboutBack-Up DocumentATTORNMENT AGREEMENT This ATTORNMENT AGREEMENT (this "Agreement") is made as of October 25, 2018, by and between the CITY OF MIAMI, a Florida municipal corporation ("Prime Landlord"), and CHALKS AIRLINES, INC., a Florida corporation d/b/a CHALKS and Nautilus Enterprises, LLC, a Florida Limited Liability Company ("Tenant"). RECITALS: A. Reference is made to that certain Amended and Restated Air Terminal Facility Sublease Agreement dated July, 29, 2014 between Miami Sports and Exhibition Authority, an independent and autonomous agency and instrumentality of the City of Miami, Florida ("Landlord") and CHALKS AIRLINES, INC., a Florida corporation d/b/a CHALKS and Nautilus Enterprises, LLC, a Florida Limited Liability Company (the "Master Lease"),whereby Tenant leased certain premises located at 1000 MacArthur Causeway, Miami, Florida 33132. B. Pursuant to Article 22 of the Revised and Amended Interlocal Agreement dated October 9, 2013, by and Between the City of Miami and the Miami Sports and Exhibition Authority (the "Interlocal Agreement") whereby the City leased that certain area located on Watson Island described in Exhibit A of the Interlocal Agreement to MSEA for the purpose of developing, constructing, managing and operating an Air Transportation Facility and its Adjacent Area. C. On October 25, 2018, the Miami City Commission adopted Ordinance No. abolishing MSEA. D. Prime Landlord and Tenant desire to continue the Master Lease as a direct lease between Prime Landlord and Tenant upon the terms and conditions set forth herein. AGREEMENT: 1. Attornment. Prime Landlord hereby succeeds to the "Landlord's" interest under the Master Lease, and Tenant hereby attorns to Prime Landlord, as if the Master Lease were a direct lease between Prime Landlord and Tenant, upon the terms set forth therein. Tenant shall commence making payments of Rent under the Master Lease to Prime Landlord as of November 1, 2018, at the address set forth in Section 2 below. 2. Notice. All notices to Prime Landlord under the Sublease shall be addressed as follows (or such other address as Prime Landlord shall notify Tenant): City of Miami, 444 S.W. 2nd Avenue, Miami, FL 33130, Attention: Mr. Daniel Rotenberg, Director, Department of Real Estate and Asset Management. 3. All of the terms and conditions contained in the Master Lease not herein expressly amended shall remain in full force and effect. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first above written. TENANT: CHALKS AIRLINES, INC. Ignacio Vega, President Witness ATTEST: Corporate Secretary Affix Corporate Seal PRIME LANDLORD: CITY OF MIAMI, a Florida municipal corporation ATTEST: IM Todd Hannon, City Clerk Emilio T. Gonzalez, City Manager APPROVED AS TO FORM AND CORRECTNESS: Victoria Mendez City Attorney APPROVED AS TO INSURANCE REQUIRMENTS: Ann -Marie Sharpe, Director Risk Management