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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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(b) Sublemna. LESSEE shall not sublet portions or the whole of the Premises, or grant <br />licenses Of concessions in any of them (all of the foregoing being deemed a "Sublease') without <br />the prior written consent of LESSOR in each instance, which consent may be not be <br />unreasonably withheld by LESSOR, it being expressly understood that the management and <br />operation of the Premises by LESSEE is material to LESSOR's lease of the Premises to <br />LESSEE. The following tams and conditions shall apply in each instance where LESSOR has <br />consented to a Sublease: <br />(1) Each Sublease shall contain a self - operative provision that it is subject and <br />subordinate to this Lease and any amendments, modifications and <br />extensions of this Lease, including, but not limited to, all use restrictions. <br />(2) No Sublease shall relieve LESSEE from liability for any of its obligations <br />under this Lease, and in the event of any such Sublease, LESSEE shall <br />continue to remain primarily liable for and continue to make payments <br />required to be made pursuant to this Lem and for the performance and <br />observance of the other agreements on its part as contained in this Lease. <br />(3) The form of such Sublease shall be subject to the review and approval of <br />LESSOR and shall, at a minimum, contain all of the material provisions of <br />this see Mtu msprvt •r to rue obiigatiorm of ' SEE. <br />(c) of Costs. LESSEE agrees to reimburse LESSOR for LESSOR's <br />attorney fees and costs incurred in connection with the processing and documentation of any <br />request made pursuant to this Section IT LESSEE shall deliver to LESSOR, within five (5) <br />days after execution by LESSEE, an original counterpart of any executed Sublease or instrument <br />of Assignment, together with LESSEE's and the subtenant's (or assignee's) affidavit that such <br />Sublease or Assignment instrument is the to and complete statement of the subletting or <br />Assignment and reflects all sums and other consideration passing between the parties. LESSEE <br />shall pay, indemnify and hold LESSOR harmless from and against, any and all cost or expense <br />('including reasonable attorney fees and disbursements) and liability in connection with any <br />compensation, commissions or charges claimed by any broker or agent with respect to any <br />Assignment or Sublease. <br />SECTION 17. DEFAULT: REMEDIES. <br />(a) Default. If any one or more of the following events shall occur, same shall be <br />an event of default under this Lease: <br />(1) LESSEE shall voluntarily abandon the Premises or discontinue its <br />operations on the Premises for a period of thirty (30) consecutive calendar <br />days, other than as a result of casualty, condemnation, major renovation, <br />or one or more acts of Force Majeure; or <br />(2) Any lien, claim or other encumbrance which is filed against LESSOR's <br />fee simple title to the Premises (other than that created by or through <br />LESSOR) is not removed, or transferred to bond pursuant to Florida law, <br />16 <br />
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