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

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(I) Section 5.12 of the Amended Lease is hereby amended to read as follows Section 5.12. Restriction on Competition. During the Term, Tenant agrees that neither Tenant nor any Affiliate will within a radius of five (5) miles of the perimeter of the Ice Rink Facility either directly or indirectly own, operate or be financially interested in, with or without others, the business of owning, operating and/or managing the operation of an ice rink. (J) Section 6.03 of the Amended Lease is hereby amended to read as follows: Section 6.03. Landlord's Repair and Maintenance Responsibility. Landlord shall per- form, at its cost unless the damage is caused by Tenant, all maintenance and repairs pertaining to the structural portions of the Ice Rink Facility, and the roof, and perimeter walls of the lee Rink Facility and all other exterior portions of the Ice Rink Facility and Premises, excluding land- scaping and snow and ice removal of the parking areas and sidewalks on the Premises. For the purposes of this section, the structural portions of the Ice Rink Facility are its foundations, floor slabs, pile caps, columns, beams, struts, exterior walls, interior load - bearing walls, ties, plates, joists and trusses. (K) Section 6.05 of the Amended Lease is hereby amended to read as follows: Section 6.05. Real Estate Taxes and Assessments. Beginning on the Commencement Date, Landlord shall be responsible and liable for the payment of all real estate taxes and as- sessments accruing on and after January 1, 2018 (payable in 2019). The Tenant shall remain re- sponsible and liable for the payment of all real estate taxes and assessments accruing through December 31, 2017, or the reimbursement to the City of all real estate taxes and assessments accruing through December 31, 2017 already paid by the City. 4. Contingency. Landlord's obligation to enter into this First Amendment is contingent upon Tenant's delivery to Landlord of the sum of $388,686.65 on or before August 15, 2018, such sum representing the arrearage of taxes already paid by the Landlord but not yet reimbursed pursuant to Section 6.05 of the Amended Lease, less the agreed -upon cost of Tenant's repairs to compressors in 2017, for which Tenant was permitted to be reimbursed pursuant to Sections 5.07 and 6.03 of the Amended Lease. 5. Successors and Assigns. This First Amendment shall be binding upon and shall inure to the benefit of the successors and assigns of the parties. 6. Conflicts. In the event of a conflict between the provisions of this First Amendment and the provisions of the Amended Lease, the provisions of this First Amendment shall control. 7. Ratification. Except as expressly amended or modified herein, all of the terms, cove- nants and conditions of the Amended Lease, including and incorporating those as amended herein, shall remain unchanged and in full force and effect; and the Amended Lease, as herein amended and modified, is hereby ratified and confirmed. 8. No Third -Party Beneficiaries. This First Amendment is intended solely for the benefit of the parties hereto and not for the benefit of any other person or entity. 9. Counterpart s. This First Amendment may be executed in multiple counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same document.