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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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Within thirty (30) calendar days after LESSEE or LESSORs, or both have <br />received notice of such lien, claim or encumbrance; or <br />(3) LESSEE shall fail to pay any item constituting Rent when due to LESSOR <br />and LESSEE shall continue in its failure to make any such payments for a <br />period of ten (10) calendar days after Notice is given to make such <br />payments; provided however LESSOR small not be required to provide <br />Notice of non - payment of Rent on more than one (1) occasion in any <br />twelve (12) month period; or <br />(4) LESSEE shall fail to make any other payment required under this Lease <br />when due to LESSOR and shall continue in its failure to make any such <br />other payments required under this Lease for a period of fifteen (15) <br />calendar days after Notice is given to make such payments; or <br />(5) LESSEE shall fail to keep, perform and observe each and every non - <br />monetary promise, covenant and term set forth in this Lease on its part to <br />be kept, including without limitation all rules and regulations in effect <br />from time to time in accordance with the terms of this Lase, performed or <br />observed within thirty (30) calendar days after Notice of default (except <br />where fidfillment of its obligation required activity over a greater period <br />of time and LESSEE shall have commenced to perform whatever may be <br />wired for fulfillment within thirty (W) calendar days after Nonce and <br />continues such performance without material interruption); provided, <br />however, the foregoing shall not apply if LESSEE's failure to perform is <br />due directly to the willful wrongful acts or omissions of LESSOR; or <br />(6) LESSEE makes an assignment for the benefit of creditors; or <br />(7) LESSEE files a voluntary petition under Title 11 of the United States <br />Code (the "Bankruptcy Code'l or if such petition is filed against LESSEE <br />and an order for relief is entered and not dismissed within sixty (60) days <br />or if LESSEE files any petition or answer seeking, consenting to or <br />acquiescing in any reorganization, arrangement, composition, <br />readjustment, liquidation, dissolution or similar relief under the <br />Bankruptcy Code or any other present or finure applicable federal, state or <br />other statute or law, or <br />(8) If, within sixty (60) days after the appointment of any trustee, receiver, <br />custodian, assignee, sequestrator or liquidator of LESSEE, or of all of any <br />of the Premises or any interest of LESSEE in the Premises, such <br />appointment is not vacated or stayed on appeal or otherwise, or if, within <br />thirty (30) days after the expiration of any such stay, such appointment if <br />not vacated. <br />(9) Habitual Default. Notwithstanding the foregoing, in the event that <br />LESSEE has committed a monetary breach or default three (3) or more <br />times in a twelve (12) month period, and regardless of whether LESSEE <br />has cured each individual monetary breach or default, LESSEE may be <br />determined by LESSOR to be an "habitual violator". At the time that such <br />17 <br />
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