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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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officials, officers, employees and agents), as additional named insureds as their interests may <br /> appear, and shall provide that the loss, if any, shall be adjusted with and payable to LESSEE and <br /> LESSOR (as their interests may appear), except as otherwise provided in Section 12 of this <br /> Lease. <br /> (d) Cancellation. Coverage is not to cease and is to remain in force (subject to <br /> cancellation notice) throughout the Term. All policies must be endorsed to provide LESSOR <br /> with at least thirty (30) calendar days' notice of cancellation, restriction or both. If any of the <br /> insurance coverages will expire prior to the termination of this Lease, copies of renewal policies <br /> shall be furnished at least sixty (60) calendar days' prior to the date of their expiration. <br /> (e) Deficiencies. When such policies or certificates have been delivered by LESSEE <br /> to LESSOR as aforesaid and anytime thereafter, LESSOR may notify LESSEE in writing that, in <br /> the reasonable opinion of LESSOR the insurance represented does not conform with the <br /> requirements of this Section either because the amount or because the insurance company or for <br /> any other reason does not comply, and LESSEE shall have thirty (30) calendar days to cure such <br /> defect to the extent required pursuant to the Lease. <br /> (f) Review of Coverage. The aforesaid minimum limits of insurance shall be <br /> reviewed from time to time by LESSOR (but not more frequently than every five (5) Lease <br /> Years) and may be adjusted if LESSOR reasonably determines that such adjustments are <br /> necessary to protect LESSOR's interest, provided such coverages shall not exceed the amount of <br /> coverage required at the time of such review by similar quality projects in Miami-Dade County, <br /> Florida. <br /> (g) Service of Process. The insurance shall be written by companies authorized to do <br /> business in the State of Florida and having agents upon whom service of process may be made in <br /> the State of Florida. <br /> (h) Continued Obligations. Compliance with the foregoing requirements shall not <br /> relieve LESSEE of its liability and obligations under any other provision of this Lease <br /> SECTION 12. DAMAGE TO OR DESTRUCTION OF PREMISES. <br /> (a) Removal of Debris/Repair to Ensure Safety. If the Improvements located on the <br /> Premises or any part of them shall be damaged by fire, the elements, or other casualty, LESSEE <br /> shall promptly remove, or cause to be promptly removed, all debris resulting from such damage <br /> from the Premises. LESSEE shall promptly take such actions and cause such repairs to be made <br /> to the Premises as will ensure the safety of persons entering upon the Premises. To the extent, if <br /> any, that the removal of debris under such circumstance is covered by LESSEE's insurance, the <br /> proceeds shall be paid to LESSEE for such purpose. <br /> (b) Minor Damage. If Improvements located on the Premises or any part of them shall <br /> be damaged by fire, the elements, or other casualty but not rendered reasonably untenantable or <br /> unusable, Rent shall continue unabated. The Premises shall be repaired and restored promptly to <br /> the condition they were in prior to such casualty by LESSOR and by LESSEE (the scope of each <br /> such party's obligation to repair being described in Section 11 hereof), and to the extent that such <br /> damage is covered by LESSOR's and LESSEE's insurance, the proceeds shall be made available <br /> for that purpose. <br /> 12 <br />
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