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2nd Amendment 07/21/1999 ~NDMENT TO LEASE AGREEMENT FILED FOR REq~Ms Beach Concession and Restaurant) This Amend~ ~sAl.l.mltent is made and entered into this c/ / ~f day of July, 1999, by and betweeD:r. R~ f?~ ~NTY COMMISSIONERS OF MONROE COUNTY, FLORIDA (Lessor) and CONCH CRU . . .I~~nello, (Lessee) in order to amend that certain Lease Agreement entered intotlmR1fe!rt . .Ip,:rlits~ated August 12, 1998. WHEREAS, the Lessee leases the Higgs Beach Restaurant and Concession from Lessor; and WH EREAS, the Lessee has experienced a catastrophic and devastating loss of business due to the pollution and contamination of the waters around Higgs Beach; and WHEREAS, tire publicity surrounding the aforementioned has drastically reduced the amount of visitors to Higgs Beach, and WHEREAS, paragraph 22 of the Lease between the parties allows the Lessor to grant an abatement of rent; and WHEREAS, Lessee has paid rent in full through June of 1999, respectfully NOW, THEREFORE, the lease agreement dated August 12,1998, is hereby amended as follows, 1. In accordance with paragraph 22 of the Lease, the Lessor hereby grants an abatement of rent due to the closure of Higgs Beach caused by the pollution and contamination of adjacent waters as determined by The State of Florida, Department of Health. 2. Rent abatement will commence on June 11, 1999, and continue for a period of two weeks after the date the State of Florida, Department of Health declare the aforementioned waters once again safe for public use. Pre-paid rent will be applied to the next months rent due and owing under the terms of this amendment. 3 . In an other respects, the original Lease Agreement between the parties dated August 12, 1998, remains in full force and effect. ESS OF, the parties have hereunto set their hands and seals, the date and year first BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By ~ "tf. ,-:;; ..];':, ~l\-o ~..'~......"",~-~'\ "Il;l.~ Mayor/Chairperson ~I RS, lie. / 1~ _J:t; jj; YJ Lu~- ---... .Jb~ G. A2v)6~ --- Witnesses jleasecnkcruz