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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 />the parties that LESSEE desires or plans to undertake construction of a temporary structure and <br />additional improvements to the Leased Premises in order to undertake the Permissible Uses set <br />forth in Section 4. 1, including but not limited to: <br />(a) Removing the existing rotting wood fence and installing a new wood fence <br />along Collins Avenue. <br />(b) Planting trees at the Sales Center and upon termination of the Lease, <br />donating said trees and planting them around the perimeter of the site, within the interior of the <br />fence along Collins Avenue. <br />(c) Installation of a hedge along the interior of the fence for added aesthetic <br />appeal. <br />(d) Installation of an irrigation system to ensure proper maintenance and <br />watering of the planted trees and landscaping. <br />(e) Implementation and installation of pavers throughout the site to provide <br />designated parking areas and to mitigate mud accumulation. <br />4.4 LESSEE shall make such improvements at its own cost and expense. As a condition <br />precedent, LESSEE shall submit to the City Manager a Leasehold Site Plan, including temporary <br />building footprint and all elevations of the proposed renovations and additions, including plans <br />and specifications therefor, for approval by the Director of the Planning & Zoning Department <br />and/or the City Commission, through and consistent with the applicable criteria and procedures set <br />forth in the City's Land Development Regulations. The failure of the Director of the Planning & <br />Zoning Department and/or the City Commission to approve the Leasehold Site Plan shall give <br />LESSEE a right to terminate this Lease without liability upon delivery of written notice to <br />LESSOR. <br />4.5 Improvements. LESSEE shall not construct any improvements upon the Leased <br />Premises that are not reflected on the approved Leasehold Site Plan. LESSEE shall not construct <br />any improvements, nor perform any alteration, modification or demolition of improvements upon <br />the Leased Premises without first (i) providing the Planning & Zoning Director (the "Director")] <br />with a complete set of plans and specifications therefor and (ii) securing from the Director and/or <br />City Commission written approval indicating that the proposed construction, alteration, <br />modification or demolition is acceptable which approval shall not be unreasonably withheld, <br />conditioned, or delayed. As a condition of acceptance the Director and/or City Commission may <br />impose reasonable conditions based upon applicable codes and regulations. Any improvements <br />constructed upon the Leased Premises shall be at the LESSEE's sole cost and expense. Upon <br />expiration or termination of this Lease any improvements made upon the Leased Premises, except <br />for trees, shrubbery, fencing, irrigations systems, and pavers, shall be removed from the Leased <br />Premises at no additional cost to the City. However, at LESSOR's sole election, LESSOR may <br />enter into negotiations with LESSEE for the right to retain the Sales Center upon lease termination <br />in lieu of removal and remediation of the Leased Premises. <br />4.6 Alterations, Additions, Modifications or Demolitions. LESSEE shall not make <br />any material alterations, additions, modifications or demolitions to the Leased Premises that are <br />not in accordance with the process outlined in Section 4.3, 4.4, or 4.5 above. <br />
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