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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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(c) No waiver: If LESSOR shall institute proceedings against LESSEE and a <br />compromise or settlement of it shall be made, the same shall not constitute a waiver of the future <br />breach of the same or of any other covenant, condition or agreement set forth in this Lease, nor <br />of any LESSOR's rights under this Lease, unless expressly set forth in such settlement. Neither <br />the payment by LESSEE of a lesser amount than the installments of Base Monthly Rent, <br />Additional Rent or of any sums due under this Lease nor any endorsement or statement on any <br />check or letter accompanying a check for payment or Rent other sums payable under this Lease <br />be deemed an accord and satisfaction, and LESSOR may accept such check or payment without <br />prejudice to LESSOR's right to recover the balance of such Rent or other sums or to pursue any <br />other remedy available to LESSOR No re -entry by LESSOR, and no acceptance by LESSOR of <br />keys from LESSEE shall be considered an acceptance of a surrender of the Lease. <br />(d) LESSOR Mat Cure LESSEE's Defaults If LESSEE defaults in the making of <br />any payment or in the doing of any act required in this Lease to be made or done by LESSEE, <br />then LESSOR may, but shall not be required to, make such payn►ent or do such act. If LESSOR <br />elects to make such payment or do such act, all costs and expense incurred by LESSOR, plus <br />interest on them at the highest rate allowable under the laws of the State of Florida from the date <br />paid by LESSOR to the date of payment of them by LESSEE, shall be immediately paid by <br />LESSEE to LESSOR, provided, however, that nothing contained in this Lease shall be construed <br />as permitting LESSOR to charge or receive interest in excess of the maximum legal rate then <br />allowed by law. The taking of such action by LESSORS shall not be considered as a cure of such <br />default by LESSEE or bw i F-950P fiam p,msuing w ^•y r y tc which it is ether:.isy wltitled <br />on account of such default. <br />SECTION 18. REMEDIES TO BE NON - EXCLUSIVE. <br />(a) Cumulative Remedies. All rights and remedies of the parties under this <br />Lease or at law or in equity are cumulative, and the exercise of any right or remedy shall not be <br />taken to exclude or waive the right to the exercise of any other, subject to the express limitations <br />set forth in this Lease, if any. <br />(b) Survival. Upon termination or expiration of this Lease, LESSEE shall remain <br />liable for all obligations and liabilities that have accrued prior to the date of termination or <br />expiration. <br />SECTION 19. SURRENDER- <br />LESSEE covenants and agrees to yield and deliver peaceably and promptly to LESSOR, <br />Possession of the Premises, on the Expiration Date or earlier termination of this Lease. <br />_LESSEE shall surrender the Premises in the condition required pursuant to tins Lease, <br />reasonable wear, tear, casualty and condemnation excepted. All maintenance and repairs shall be <br />completed prior to surrender. <br />SECTION 20. ACCEPTANCE OF SURRENDER OF LEASE. <br />No agreement of surrender or to accept a surrender of this Lease shall be valid unless and <br />until the some shall have been reduced to writing and signed by the duly authorized <br />representatives of LESSOR and of LESSEE in a document of equal dignity and formality as this <br />L ease. Except as expressly provided in this Lease, neither the doing of nor any omission to do <br />19 <br />
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