08-2023 - Authorize lease with HELP Foundation

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EXHIBIT A AMENDMENT TO CONCESSION LEASE AND PERMIT THIS AMENDMENT TO CONCESSION LEASE AND PERMIT ("Amendment") is made between the City of Lakewood, Ohio, as lessor ("lessor" or "the City"), and HELP Foundation, Inc., an Ohio non-profit corporation, as lessee ("lessee") on the date appearing below. WHEREAS, lessor and lessee wish to extend the term of the original Concession Lease and Permit ("Original Agreement"), which expires April 30, 2022, for another year, maintaining all other aspects of the Original Agreement; now, therefore, 1. AMENDED TERMS. The Original Agreement is hereby amended in relevant part to read as follows: 2. TERM. The term of this lease shall begin on May 1, 2023 and end on April 30, 2024, and may be renewable on such terms as are approved by the parties. 17. CANCELLATION. (A) Termination by the City. In addition to any other right of cancellation under this lease, the City may terminate this lease if any of the following occur: (3) Lessee voluntarily abandons operations at the leased premises for a continuous period of ten days between September 1, 2023 and the termination of the term of this lease; 2. DEFINED TERMS. Unless specifically defined herein, all capitalized terms used in this Amendment shall have the meaning assigned to them in the Original Agreement. 3. CONFLICTS. In the event of a conflict between the provisions of this Amendment and the provisions of the Original Agreement, the provisions of this Amendment shall control. 4. RATIFICATION. Except as expressly amended or modified herein, all of the terms, covenants and conditions of the Original Agreement shall remain unchanged and in full force and effect; and the Original Agreement, as herein amended and modified, is hereby ratified and confirmed. 5. COUNTERPARTS. 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.