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Ordinance 2024-612
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Ordinance 2024-612
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Last modified
7/10/2024 2:33:31 PM
Creation date
7/10/2024 12:47:53 PM
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CityClerk-Ordinances
Ordinance Number
2024-612
Date (mm/dd/yyyy)
05/16/2024
Description
Approving a Lease Agreement btwn SIB and La Playa Beach Associates, LLC for leased permises at 18590 Collins Ave.
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DocuSign Envelope ID: 2F824D49-F88D-4ED1-8861-25C6564470E2 <br />EXECUTION COPY <br />written notice of such assignment or sublease to a Permitted Transferee within thirty (30) days of <br />its completion. Any Permitted Transferee shall assume in writing all of LESSEE's obligations <br />under this Lease. <br />ARTICLE 11. <br />LESSOR'S REMEDIES <br />11.1 Remedies for Nonpayment of Rent or Additional Rent. LESSOR has the same <br />remedies for LESSEE's failure to pay rent as LESSEE's failure to pay additional rent. <br />11.2 Accord and Satisfaction. If LESSEE pays or LESSOR receives an amount that is <br />less than the amount stipulated to be paid under any Lease provision, that payment is considered <br />to be made only on account of an earlier payment of that stipulated amount. No endorsement or <br />statement on any check or letter may be deemed an accord and satisfaction. LESSOR may accept <br />any check or payment without prejudice to LESSOR's right to recover the balance due or to pursue <br />any other available remedy. <br />11.3 Abandonment of Leased Premises or Delinquency in Rent. If LESSEE <br />abandons or vacates the Leased Premises before the end of the Lease Term (except for periods of <br />damage, destruction, renovation, major repairs or force majeure outside of LESSEE's control), or <br />if LESSEE is in arrears in rent or additional rent payments, LESSOR may cancel this Lease, subject <br />to the notice and opportunity to cure provisions set forth in Section 11.4. Upon cancellation, <br />LESSOR shall be entitled to peaceably enter the Leased Premises as LESSEE's agent to regain or <br />relet the Leased Premises. LESSOR shall incur no liability for such entry. As LESSEE's agent, <br />LESSOR may relet the Leased Premises with or without any improvements, fixtures or personal <br />property that may be upon it, and the reletting may be made at such reasonable price, in such terms <br />and for such duration as LESSOR determines and for which LESSOR receives rent. LESSOR shall <br />apply any rent received from reletting to the payment of the rent due under this Lease. If, after <br />deducting the expenses of reletting the Leased Premises, LESSOR does not realize the full rental <br />provided under this Lease, LESSEE shall pay any deficiency. If LESSOR realizes more than the <br />full rental, LESSOR shall pay the excess to LESSEE on LESSEE's demand, after deduction of the <br />expenses of reletting. Notwithstanding the foregoing, LESSOR is not obligated to relet the Leased <br />Premises and LESSOR may, if it so elects, merely regain possession of the Leased Premises. <br />11.4 Dispossession on Default; Notice and Opportunity to Cure. <br />(a) If LESSEE defaults in the performance of any covenant or condition of this <br />Lease, LESSOR may give LESSEE written notice of that default with sufficient specificity to <br />allow LESSEE to identify the default. If LESSEE fails to cure a default in payment of rent or <br />additional rent within twenty (20) days after written notice is given, LESSOR may terminate this <br />Lease. For defaults other than nonpayment of rent or additional rent, LESSEE shall cure such <br />default within twenty (20) days after written notice is given or within such greater period of time <br />as specified in the notice; provided however, that if the nature of LESSEE's default is such that <br />more than the specified period of time is reasonably required for its cure, then LESSEE shall not <br />be deemed to be in default if LESSEE shall commence the cure of such default within said period <br />of time and thereafter diligently prosecutes the same to completion. <br />(a) If the default (other than for nonpayment of rent or additional rent) is of <br />such a nature that it cannot be completely cured within time specified, LESSOR may terminate <br />19 <br />
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