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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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required by Applicable Laws in good working order and condition. <br />Notwithstanding the foregoing, to the extant the Premises is served by any <br />shared alarm or fire suppression system that saves 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 />(S) 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 Fier ira good order and c ndiuom 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 />struchui s, 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 fixture 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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