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Reso 2013-2096
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Reso 2013-2096
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Last modified
8/19/2013 4:30:31 PM
Creation date
7/24/2013 12:21:04 PM
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CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
2013-2096
Date (mm/dd/yyyy)
07/18/2013
Description
Lease Agmt for Restaurant & Bait Shop at Pier w/American Federated Title Corp
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interior finish work, decor, furniture, fixtures, and kitchen equipment within the interior of the <br /> restaurant shell and bait shop. <br /> SECTION 7. OPERATIONAL REQUIREMENTS OF LESSEE AND PARKING. <br /> (a) Approval of Restaurant Vendors/Date of Operations. The consent of the <br /> LESSOR is required before LESSEE selects a vendor to sell food and beverages in the restaurant <br /> facility. Consent by the LESSOR shall not be unreasonably withheld if the vendor(s) are deemed <br /> to be in the best interest of the Premises. LESSEE is required to have the restaurant facilities <br /> operational and open to the public no later than one hundred eighty (180) days from the date of <br /> issuance of certificate of occupancy for the Pier. <br /> (b) Operating Schedule. LESSEE shall generally provide its services not less than <br /> six (6) days a week except for any holidays as determined by LESSEE, with daily hours of <br /> operation no less than as follows: 10:00 a.m. (EST) to 10:00 p.m. (EST) and as otherwise <br /> permitted by Applicable Laws. During the Term, such days and hours of operation may be <br /> modified, altered, varied, supplemented, increased or decreased only with the prior written <br /> consent of LESSOR, which consent shall not be unreasonably withheld or delayed since it is the <br /> intent of the parties that the days and hours of operation meet the needs and desires of the <br /> residents of the City and the economic practicality of LESSEE as mutually determined by the <br /> parties. <br /> (c) Quality of Services. LESSEE shall conduct its operations in a first class, neat, <br /> sanitary and professional manner and in accordance with and subject to the terms and conditions <br /> of the Lease and all Applicable Laws. LESSEE shall ensure at all times that its standards of <br /> operation are commensurate with the service, food and quality of other similar restaurants in the <br /> State of Florida. LESSEE shall control the conduct, demeanor, performance and appearance of <br /> its officers, members, employees, agents, volunteers, independent contractors, representatives, <br /> guests, and invitees consistent with the operation of a first class restaurant establishment and <br /> otherwise in accordance with Applicable Laws. LESSEE shall post and enforce strict behavior <br /> and usage policies on and about the Premises, which policies, at a minimum, shall prohibit <br /> fighting, reckless actions, abusive language, and misbehavior. <br /> (d) Parking. LESSEE shall have the non-exclusive right in common with the <br /> general public to utilize the LESSOR's municipal parking lot consisting of twenty nine (29) <br /> parking spaces located at Pier Park and the three hundred (300) plus parking spaces at the soon <br /> to be constructed Gateway Parking Garage located on Sunny Isles Boulevard. Employees of the <br /> LESSEE shall not use the 29 public parking spaces at Pier Park. <br /> (e) Delivery. Food or other delivery trucks shall not use Pier Park to deliver <br /> goods and products except if such deliveries cause disruptions to the Premises or cause loud <br /> noise. <br /> SECTION 8. OBLIGATIONS OF LESSEE. <br /> (a) Garbage. LESSEE shall remove from the Premises or otherwise dispose of <br /> all garbage, debris and other waste materials (whether solid or liquid) arising out of the use and <br /> occupancy of the Premises or out of any operations conducted within or upon the Premises in <br /> accordance the highest standards or sanitary practice and at all times in accordance with <br /> 8 <br />
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