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Reso 2013-2162
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Reso 2013-2162
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Last modified
12/11/2013 3:49:53 PM
Creation date
11/26/2013 2:48:32 PM
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CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
2013-2162
Date (mm/dd/yyyy)
11/21/2013
Description
Ratify Sublease Agmt AFTC & Beach Bar @ Newport Pier, Mgmt of Restaurant
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with a Management Agreement between Sublessor and Landlord, Sublessor shall manage the Pier <br />owned by the Landlord adjacent to the Building (the "Pier "). Upon termination of Management <br />Agreement, the Landlord shall select a management company. In the event Sublessor is not <br />selected as the management company for the Pier, the Sublessor may consent to the selection of the <br />management company provided that consent shall not be unreasonably withheld. Subtenant shall <br />maintain in current status all necessary licenses and permits to operate a restaurant in the Building. <br />11. Construction of Improvements. Within Sixty (60) days from the date of the execution of <br />this Sublease , Subtenant shall, at its own cost and expense, submit to Sublessor and Landlord for <br />their written approval its plans for the commencement and completion of the construction, and the <br />acquisition and installation of, the Subtenant's improvements to the Sublease Premises. Such <br />improvements shall be completed no later than January 1, 2014 and the Beach Bar @ Newport Pier <br />restaurant shall be opened for business no later than January 1, 2014. The opening of the Beach Bar <br />@ Newport Pier restaurant may be extended due to and in accordance with Unavoidable Delay, as <br />hereinafter defined in Section 30 of this Sublease. <br />12. Obligations of Landlord. In connection with this Sublease, Landlord agrees that it shall: <br />12.1 Pay for costs in the amount not to exceed Forty Thousand Dollars ($40,000.00) for <br />modifying windows and doors in the Building in accordance with reasonable specifications of the <br />Subtenant. The City reserves the right to pay the Forty Thousand Dollars ($40,000.00) as a rent <br />credit; <br />12.2 Maintain the insurance required under the Prime Lease; <br />12.3 Remain responsible for the cleaning, repair and maintenance of the Pier exclusive of <br />restaurant Building, as well as the structural components of the Pier and restaurant Building; <br />12.4 Provide separate water and electric meters for the Building; <br />12.5 Comply with all requirements of the Americans with Disabilities Act of 1990, as <br />amended, the Florida Americans with Disabilities Accessibility Implementation Act and all other <br />related state and local laws; <br />12.6 Be responsible for maintaining existing Turtle Lights. The City shall not be <br />responsible for installing any new Turtle Lights; <br />12.7 Provide directional signage to the Project on Collins Avenue in Sunny Isles Beach, <br />Florida. <br />13. Compliance With Laws. Subtenant shall promptly comply with all laws, orders, and <br />regulations of all county, municipal, state, federal, and other applicable governmental authorities, <br />including environmental laws, and all recorded covenants and restrictions affecting the Project, <br />now in force, or that may hereafter be in force, pertaining to Subtenant or its use of the Sublease <br />Premises. If, as a result of Subtenant's use of the Sublease Premises or the making of any <br />8 <br />
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