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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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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 reused 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) Uigm 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 />SEMON 9. COMPLIANCE WITH GOVERNMENTAL REOUIREMENTS. <br />LESSEE shall comply with all applicable federal, State, County, and City statutes, laws, <br />o. , - cm resoluxions and gov`:�mewtal rule.;, rgii adons and oxicfs is may be in effect now <br />or at any time during the Term (collectively "Applicable Lawel, 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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