33-18 Authorize Mayor to Renew Lease with Iceland USA-Lakewood, LLC for Winterhurst

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FIRST AMENDMENT TO THE AMENDED AND RESTATED LEASE AGREEMENT WINTERHURST ICE RINK LAKEWOOD, OHIO THIS FIRST AMENDMENT ( "First Amendment') to the Amended and Restated Lease Agreement dated July 24, 2013 (the "Amended Lease ") is entered into as of , 2018, by and between the City of Lakewood, Ohio, a municipal cor- poration under Ohio law, with its address at 12650 Detroit Avenue, Lakewood, Ohio 44107 ( "Landlord" or the "City ") and Iceland USA - Lakewood, LLC, an Ohio limited liability company, with its principal office address at 14740 Lakewood Heights Boulevard, Lakewood, Ohio 44017 ( "Tenant'). RECITALS WHEREAS, Landlord owns and operates a public ice skating rink (the "Ice Rink Facility ") upon certain property owned by Landlord (the "Premises ") located at 14740 Lakewood Heights Boulevard in Lakewood, Ohio; and WHEREAS, Tenant is experienced in the operation of ice rink facilities; and WHEREAS, from 2008 to August 31, 2013, Tenant operated the Ice Rink Facility upon the Premises under a certain lease agreement by and between Landlord and Tenant dated on or about August 22, 2008 (the "Original Lease Agreement'); and WHEREAS, from September 1, 2013 to the present, Tenant has operated the Ice Rink Facility upon the Premises under the Amended Lease; and WHEREAS, Landlord desires to continue to lease the Premises to the Tenant, and the Tenant desires to continue to lease the Premises from Landlord for the operation of an ice rink for public use and enjoyment. NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is acknowledged, the parties agree as follows: 1. Defined Terms. Unless specifically defined herein, all capitalized terms used in this First Amendment shall have the meaning assigned to them in the Original Lease Agreement or the Amended Lease. In the event of a conflict, any terms in the Amended Lease shall supersede those in the Original Lease. 2. Recitals. The above Recitals are hereby affirmed and incorporated into this First Amendment by reference as if fully set forth herein. 3. Amended Provisions.