Reso 2024-3761 - Laserfiche WebLink

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EXECUTION COPY to provide for certain reserved parking, from time to time, determined by the LESSOR. 1.3. Notwithstanding the foregoing, LESSOR shall grant to LESSEE the exclusive right to use the outdoor space adjacent to the Leased Premises, for outdoor seating, dining or display purposes. Such exclusive right shall be limited to the area identified on Composite Exhibit `B" as the "Outdoor Area." 1.3.1. LESSEE's liability insurance, as set forth herein, shall include coverage for the Outdoor Area. 1.3.2. LESSEE shall maintain the Outdoor Area in good, clean and safe condition, and appearance consistent with the overall character of the Property at all times. 1.3.3. Upon execution of this Lease, LESSEE shall provide to LESSOR, LESSEE's Outdoor Seating Plan as to design and seating in the Outdoor Area, appended hereto as Exhibit "C," and which is subject to LESSOR's approval and consent, which shall not be unreasonably withheld. LESSOR reserves the right, at LESSOR's sole expense, to install canopies, awnings, or coverings to LESSEE's Outdoor Area to create connectivity between the Leased Premises and LESSOR's Property. 1.4. During the Lease term, LESSEE shall have the right to use, at no additional cost to LESSEE, unreserved parking spaces in the LESSOR's Government Center parking lot. LESSOR does not guarantee the availability of the aforementioned parking spaces. Parking is on a first come first serve basis. 1.5. LESSEE acknowledges that LESSEE has inspected the Leased Premises and upon completion of LESSOR's Work, as hereinafter defined in Section 10, hereby accepts same in "as is" condition and further acknowledges that LESSOR has made no warranties and/or representations regarding the condition of the Leased Premises, except as expressly stated in this Lease. 2. USE OF LEASED PREMISES. The Leased Premises may be used exclusively for the operation of a retail caf6 and restaurant as "Crema Gourmet Espresso Bar" (the "Permitted Use"), and for no other purposes without LESSOR's prior written consent, which consent may be withheld in LESSOR's sole discretion. LESSEE shall never permit any activity or make any use of the Leased Premises which is in violation of any governmental laws, rules or regulations, whether now existing or hereafter enacted, or which is in violation of the general rules and regulations, as may be developed or modified from time to time by LESSOR effective as of the date delivered to LESSEE or posted on the Leased Premises, nor may LESSEE make any use of the Leased Premises not permitted, or otherwise prohibited, by restrictive covenants which apply to the Leased Premises, if any. LESSEE may not make any use that is or may be a nuisance or trespass, which increases any insurance premiums, or makes such insurance unavailable to LESSOR on the Property. In the event of any increase in any of LESSOR's insurance premiums which results from LESSEE's use or occupancy of the Leased Premises or LESSEE's breach of this Section, LESSEE agrees to pay LESSOR the amount of such additional increase within ten (10) days after demand therefor by LESSOR. Without limiting the foregoing, in no event shall any change in use be permitted that would violate the terms of any exclusive use granted to any other tenant on the Property. So long as LESSEE continuously operates the Leased Premises for the Permitted Use, LESSOR shall not, without LESSEE's prior written approval, lease space within the Property: (i) to anyone for the purpose of operating within the Property a food service or business LEASE AGREEMENT - CREMA DOWNTOWN CORP. Page 2 of 36