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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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Applicable Laws. When removing such waste, LESSEE shall comply with all Applicable Laws <br /> relating to sanitation and waste disposal. Any items shall be kept in suitable garbage and waste <br /> receptacles, as approved in writing by LESSOR. Garbage pick-up shall be between 8:00 a.m. — <br /> 9:00 a.m. <br /> (b) Odor. LESSEE shall not create nor permit to be caused or created upon the <br /> Premises any obnoxious odors or smoke or noxious gases or vapors which would constitute a <br /> nuisance; provided, however, that fumes resulting from the normal operations of vehicles or <br /> normal business operations shall be excepted from this provision, unless same constitutes a legal <br /> nuisance or as otherwise prohibited by Applicable Law. <br /> (c) Signs. LESSOR shall cooperate with LESSEE to provide directional signage to <br /> the Pier and its restaurant facility from Collins Avenue, provided that such signage is consistent <br /> with LESSOR's sign ordinances, requirements of the State and approved by all applicable <br /> governmental authorities having jurisdiction. Any exterior signage other than the foregoing shall <br /> require the approval of LESSOR and any and all applicable governmental authorities. <br /> Notwithstanding anything in this Lease to the contrary, billboard signs are expressly prohibited. <br /> SECTION 9. COMPLIANCE WITH GOVERNMENTAL REQUIREMENTS. <br /> LESSEE shall comply with all applicable federal, State, County, and City statutes, laws, <br /> ordinances, resolutions and governmental rules, regulations and orders as may be in effect now <br /> or at any time during the Term (collectively "Applicable Laws"), all as may be amended, which <br /> are applicable to LESSEE, the Premises, or the operations conducted at the Premises. A <br /> violation of any such Applicable Laws, not cured within any applicable notice and cure period <br /> shall constitute a material breach of this Lease, and in such event LESSOR shall after 30 days <br /> notice be entitled to exercise any and all rights and remedies provided in this Lease and available <br /> at law and in equity. <br /> SECTION 10. MAINTENANCE AND REPAIR. <br /> (a) LESSEE shall throughout the Term assume the entire responsibility and shall <br /> relieve LESSOR from all responsibility for all repair, maintenance, replacements and capital <br /> improvements whatsoever with respect to the Premises, except for structural and roof repairs <br /> which are the responsibility of LESSOR as set forth in Section 11(b) below. LESSEE shall <br /> perform all maintenance, repairs, replacements and capital improvements in a good and <br /> workmanlike manner in accordance with all Applicable Laws. All materials utilized in any <br /> repairs or replacements shall be of a quality and grade comparable or superior to that in existence <br /> in the Premises as of the Effective Date. Except as otherwise set forth in this Lease, LESSEE <br /> shall be required to keep the Premises in good, tenantable, useable condition throughout the <br /> Term (subject to casualty, condemnation and the other provisions of this Lease with regard to <br /> development and the redevelopment of the Premises), and without limiting the generality of the <br /> foregoing, LESSEE shall: <br /> (1) Keep and maintain the Premises at all times in a clean and orderly <br /> condition and appearance. <br /> (2) Provide and maintain all lights and similar devices, fire protection and <br /> safety equipment and all other equipment of every kind and nature <br /> 9 <br />
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