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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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Subtenant shall undertake all repair obligations of Sublessor under the Prime Lease as to the <br />Sublease Premises. <br />7.5 Condemnation; Damage by Fire or Other Casualty. In the event of any taking by <br />eminent domain or damage by fire or other casualty to the Project, thereby rendering the Sublease <br />Premises or the Project wholly or partially untenantable, Subtenant shall acquiesce in and be <br />bound by any action taken by, or agreement entered into between Sublessor and Landlord with <br />respect thereto; and if, by application of the provisions of the Prime Lease or separate agreement <br />between Landlord and Sublessor, the Prime Lease is terminated, this Sublease shall likewise <br />terminate. If, however, the Prime Lease remains in effect, this Sublease shall also remain in effect <br />except that the Base Rent and Additional Rent shall be abated proportionately; provided, however, <br />that such abatement shall in no event exceed the abatement granted to Sublessor under the Prime <br />Lease for the Sublease Premises and, provided further, that no compensation or claim or reduction <br />will be allowed or paid by Sublessor by reason of inconvenience, annoyance or injury to <br />Subtenant's business arising from the necessity of effecting repairs to the Sublease Premises or any <br />portion of the Project, regardless of whether such repairs are required by operation of any <br />provision of the Prime Lease. <br />7.6 Termination of Prime Lease. In the event of and upon the termination, surrender or <br />cancellation of the Prime Lease pursuant to any of the provisions thereof, whether or not the <br />Commencement Date of this Sublease shall have occurred, this Sublease shall automatically <br />terminate as if such date of termination was the scheduled expiration date, and Subtenant shall <br />have no claim against Sublessor of any kind whatsoever arising out of or in connection with such <br />termination. <br />8. Landlord's Consent to this Sublease. Upon execution of this Sublease by Landlord, <br />Landlord shall consent to (i) the subleasing of the Sublease Premises to Subtenant, and (ii) <br />Subtenant selling food and beverage in the Building and outside the Building within a five (5) feet <br />radius of the Building subject to all applicable codes, ordinances, and state and federal law. <br />9. Use of Sublease Premises. Subtenant will use and occupy the Sublease Premises for the <br />Permitted Use set forth in the Prime Lease and for no other use or purpose. In connection with the <br />Permitted Use, the Subtenant shall be allowed to (i) play music outside the Building provided the <br />volume does not exceed 75 bD(A) one hundred (100) yards from the Pier, as hereinafter defined, <br />(ii) maintain antennas and satellite dishes on the roof of the Building as approved by the Landlord, <br />and (iii) place awnings, and build outside signage (subject to Section 31 hereof) and neon trim <br />outside the Building subject to applicable law and building code. Subtenant agrees that it shall be <br />responsible for painting the Building on an as needed basis subject to the consent of the Landlord. <br />Notwithstanding the foregoing, Subtenant shall not play music outside beyond the time of 11:00 <br />pm. The Landlord reserves the right to reduce the decibel level for the outside music. <br />10. Grant of License for Sale of Food and Beverage; Management of Pier. During the <br />Sublease Term, Landlord grants Subtenant the non - exclusive license to sell food and beverage in <br />the Building and outside the Building within a five (5) feet radius of the Building. In accordance <br />7 <br />
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