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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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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 irequendy 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 sirrnilar qW- ity project ie Mew ii -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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