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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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required by Applicable Laws in good working order and condition. <br /> Notwithstanding the foregoing, to the extent the Premises is served by any <br /> shared alarm or fire suppression system that serves other premises on the <br /> Pier and LESSOR maintains the same, LESSOR shall be permitted to <br /> equitably allocate to LESSEE it's pro-rata share of the costs to maintain <br /> and operate such shared systems based on LESSOR's good faith, <br /> reasonable determination of such costs which shall be payable by LESSEE <br /> as Additional Rent. <br /> (3) Be responsible for the maintenance and repair of all utilities servicing the <br /> Premises including but not limited to, service lines for the supply of water, <br /> gas service lines, electrical power and telephone conduits and lines, <br /> sanitary sewers and storm sewers which are now or which may be <br /> subsequently located upon any portion of the Premises which are <br /> controlled by LESSEE. <br /> (4) Provide adequate security for the Premises and all portions of them for the <br /> purpose of protecting person and property. <br /> (5) Be responsible for the cleaning and refuse disposal for refuse generated by <br /> the operation of the LESSEE on the Premises as necessary to keep the <br /> appearance of the Pier in good order and condition. Such cleaning and <br /> refuse disposal shall be performed on a daily basis. <br /> (b) During the Term, subject to the provisions of Section 13 below, the maintenance, <br /> repair or replacement of the existing roof(including repairing leaks not caused by LESSEE, its <br /> agents, contractors and employees) as well as any structural repairs or replacements to the <br /> Premises, Pier or any or all of the foregoing, shall be undertaken by LESSOR, unless such <br /> repairs or replacement are required due to the wrongful acts, negligence or omissions of <br /> LESSEE, its employees, agents, contractors, invitees or guests. LESSEE shall not cause or <br /> permit any penetrations into the roof membrane or otherwise perform any alteration on or about <br /> the roof that may void or limit LESSOR's roofing warranty. To the extent any roofing, <br /> penetration is necessary, LESSEE shall if required by LESSOR, hire LESSOR's designated <br /> roofing contractor to perform or supervise such roof penetration work so as to prevent any <br /> voiding or impairment of LESSOR's roofing warranty. <br /> SECTION 11. INSURANCE REQUIREMENTS FOR LESSOR AND LESSEE. <br /> (a) LESSOR's Casualty Insurance. LESSOR shall, during the Term, insure and <br /> keep insured to the extent of not less than 100% of the insurable replacement value, all buildings, <br /> structures, fixtures and attached equipment (other than LESSEE's equipment which shall be the <br /> responsibility of LESSEE to insure) on the Premises against such hazards and risks as may now <br /> or in the future be included under the Standard Form of Fire and Extended Coverage insurance <br /> policy of the State. The insurance coverages to be provided by LESSOR shall include full <br /> coverage for windstorm and flood. LESSOR may meet the foregoing requirement through a <br /> program of self-insurance or by adding the Premises to its master policy. <br /> 10 <br />
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