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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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sublease shall be subordinate to all of the terms and conditions of the Prime <br />Lease. <br />7. 1 n addition to the above, Quarterdeck shall be allowed to (i) play music <br />outside the Building provided the volume does not exceed 75 dD(A) one hundred <br />(100) yards from the Pier, (ii) maintain antennas and satellite dishes on the roof <br />of the Building, and (iii) place awnings, and build outside signage and neon trim <br />outside the Building. Quarterdeck shall be responsible for painting the Building <br />on an as needed basis. Notwithstanding the foregoing, Quarterdeck shall not <br />play music outside beyond 11:00 p.m. and the City reserves the right to reduce <br />the decibel level for the outside music. <br />8. During the sublease term, City grants Quarterdeck the non - exclusive license <br />to sell food and beverage in the Building and outside the Building. Quarterdeck <br />shall maintain in current status all necessary licenses and permits to operate a <br />restaurant in the Building. <br />9. Within sixty (60) days from the date of execution of the sublease agreement, <br />Quarterdeck shall, at its own cost and expense, submit to American Federated <br />and the City for their written approval, its plans for Quarterdeck's Improvements <br />to the Sublease Premises. Such Improvements shall be completed no later than <br />January 1, 2014, and the Quarterdeck restaurant shall be opened for business <br />no later than January 1, 2014. <br />10. Quarterdeck shall maintain insurance coverage, and name American <br />Federated and the City as additional named insured parties, as applicable, for its <br />insurance policies, including "all risk" fire and casualty insurance, commercial <br />general liability, business income and extra expenses insurance, workers' <br />compensation, and liquor liability. <br />11. Quarterdeck shall not assign or sublet the Sublease Premises without the <br />prior written consent of American Federated and the City, which consent of <br />American Federated shall not be unreasonably withheld. <br />12.Quarterdeck shall not erect any sign on or about the Project, or visible from <br />the exterior of the Sublease Premises, without both American Federated and the <br />City's prior written approval. <br />13.Quarterdeck shall prepare and keep full, complete and proper accounting <br />books and sales records documenting their Gross Sales. Quarterdeck shall <br />furnish to American Federated within thirty (30) days after the expiration of each <br />lease year, a complete statement, certified by an independent certified public <br />accountant, detailing the Gross Sales made by Quarterdeck from the Sublease <br />Premises during the preceding lease year. <br />ATTACHMENTS: <br />a Resolution <br />Agenda Item No IOR <br />Date 10/17/2013 <br />268 <br />
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