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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-B861-25C6564470E2 <br />EXECUTION COPY <br />this Lease only if LESSEE fails to proceed with reasonable diligence and in good faith to cure the <br />default. Thereafter, if LESSEE fails to proceed with reasonable diligence and in good faith to cure <br />the default, termination of this Lease may occur only after LESSOR gives not less than an <br />additional ten (10) days' advance notice to LESSEE. On the date specified in the notice, the term <br />of this Lease will end, and, LESSEE shall quit and surrender the Leased Premises to LESSOR, except that <br />LESSEE will remain liable as provided under this Lease. <br />(b) Upon termination of the Lease, LESSOR may peaceably re-enter the Leased <br />Premises without notice to dispossess LESSEE, any legal representative of LESSEE, or any other <br />occupant of the Leased Premises. LESSOR may retain possession through summary proceedings <br />or otherwise and LESSOR shall then hold the Leased Premises as if this Lease had not been made. <br />11.5 Damages on Default. If LESSOR retakes possession under Section 11.4, LESSOR <br />shall have the following rights: <br />(a) LESSOR shall be entitled to any rent and additional rent that is due and <br />unpaid, and those payments will become due immediately, and will be paid up to the time of the <br />re-entry, dispossession, or expiration, plus any expenses (including, but not limited to attorneys' <br />fees, brokerage fees, advertising, administrative time, labor, etc.) that LESSOR incurs in returning <br />the Leased Premises to good order and/or preparing it for re -rental, if LESSOR elects to re -rent, <br />plus interest on rent and additional rent when due at the rate of twelve (12.0%) percent per annum. <br />(b) LESSOR shall be entitled, but is not obligated, to re -let all or any part of the <br />Leased Premises in LESSOR's name or otherwise, for any duration, on any terms, including but <br />not limited to any provisions for concessions or free rent, or for any amount of rent that is higher <br />than that in this Lease. <br />(c) LESSOR's election to not re -let all or any part of the Leased Premises shall <br />not release or affect LESSEE's liability for damages. Any suit that LESSOR brings to collect the <br />amount of the deficiency for any rental period will not prejudice in any way LESSOR's rights to <br />collect the deficiency for any subsequent rental period by a similar proceeding. In putting the <br />Leased Premises in good order or in preparing it for re -rental, LESSOR may alter, repair, replace, <br />landscape of decorate any part of the Leased Premises in any way that LESSOR considers <br />advisable and necessary to re -let the Leased Premises. LESSOR's alteration, repair, replacement, <br />landscape or decoration will not release LESSEE from liability under this Lease. <br />(d) LESSOR is not liable in any way for failure to re -let the Leased Premises, <br />or if the Leased Premises are re -let, for failure to collect the rent under the re -letting. LESSEE will <br />not receive any excess of the net rents collected from re -letting over the sums payable by LESSEE <br />to LESSOR under this Section. <br />11.6 Insolvency or Bankruptcy. Subject to the provisions hereof respecting <br />severability, should LESSEE at any time during the Lease Term suffer or permit the appointment <br />of a receiver to take possession of all or substantially all of the assets of LESSEE, or an assignment <br />of LESSEE for the benefit of creditors, or any action taken or suffered by LESSEE under any <br />insolvency, bankruptcy, or reorganization act, such action shall at LESSOR's option, constitute a <br />breach and default of this Lease by LESSEE and LESSEE agrees to provide adequate protection <br />and adequate assurance of future performance to the LESSOR which will include, but not be <br />limited to the following: <br />20 <br />
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