Reso 2013-2137 - Laserfiche WebLink

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4. Use of Premises. Section 2(a) of the Prime Lease is amended to delete the following provision: "No outdoor dining shall take place on the Premises or the Pier unless approved by the City." 5. Rent and Rent Commencement Date. Section 4(a) of the Prime Lease is amended to reflect an increase in the Base Monthly Rent from Ten Thousand Dollars ($10,000.00) to Fifteen Thousand ($15,000.00). The Rent Commencement Date reflected in Section 4(c) of the Prime Lease shall be consistent with the date set forth in the Sublease provided that the Sublease Agreement is approved by the City. If the Sublease Agreement is not approved, the controlling date shall be the date in the Prime Lease regarding the Rent Commencement Date. Section 4(b) of the Prime Lease is amended to reflect that "CPI Increases" up to the five (5) year Rent Adjustment Period shall not increase the Base Monthly Rent more than the twelve and one half percent (12 '/2 %) from the Base Monthly Rent of the prior Rent Adjustment Period. 6. Construction of Improvements. Sections 5(a) and 7(a) of the Prime Lease are amended to reflect that the date for completion of the Improvements on the Leased Premises and the opening of the restaurant facilities shall be the dates set forth in the Sublease Agreement provided that the Sublease Agreement is approved by the City. If the Sublease Agreement is not approved, the controlling dates shall be the dates in the Prime Lease. Notwithstanding any other provision in the Prime Lease, the Lessor is required to provide written consent for the construction of any improvements and such consent shall not be unreasonably withheld. 7. Reservation of Space. Section 15(a) of the Prime Lease is amended to reflect that the Lessor shall be provided with a working area within the second floor of the restaurant building instead of the area within the bait shop to monitor activities on the Pier. 8. Cure Period. Sections 17(a) and 17(b) of the Prime Lease are amended to provide the Lessee with a thirty day (30) right to cure any event that may constitute a default under the Prime Lease. The thirty-day cure period shall commence upon written notice provided by Lessor pursuant to Section 24 of the Prime Lease. 9. Removal of Property. Section 21(a) of the Prime Lease is amended to state that Improvements on the Leased Premises shall not vest in Lessor unless Lessee fails to cure any default under the Prime Lease and the Prime Lease is terminated. 10. Consequential Damages. To the fullest extent permitted by law, neither party shall be liable to the other for any special, indirect, consequential, punitive or exemplary damages resulting from the performance or non-performance of the Prime Lease and its Amendment Agreement notwithstanding the fault, tort (including negligence), strict liability or other basis of legal liability of the party so released or whose liability is so limited and shall extend to the officers, directors, employees, licensors, agents, subcontractors, vendors and related entities of such party. (Signatures on Following Page) 2