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<br />LEASE AGRI;EM NMI F6 S umq a3,
<br />TIUS LEASE, AGREEMENT (this "Lease") is dated as ofh..pEM*2015y_
<br />("Effective Date") by and among CITY OF SUNNY ISLES 13EACH, FLORIDA, a municipal
<br />corporation of the State of Florida ("Lessor"), and FLY ML TO t -IM MOON, LLC,
<br />('Lessee').
<br />Preliminary Statements
<br />WEBRLAS, lessor is the owner of Gateway Park and Parking Garage located at 151-
<br />215, and 337 Survey Isles Boulevard (the "Property" or "Gateway Patic") in Sunny Isles Beach,
<br />Florida, as specifically described in Exhibit "A"; and
<br />WHEREAS, Lessor desires to lease to Lessee the Leased Premises (as hereinafter
<br />defined), on the terms and conditions set forth below; and
<br />WHEREAS, as a component of this lees©, Lessor agrees to provide Lessee with the
<br />exclusive right to operate the concession at Gateway Park during the term of this Lease.
<br />NOW, THEJ REFORE, for and in consideration of the foregoing and forother good
<br />valuable consideration and of the mutual agreements hereinafter set forth,
<br />see
<br />hereby covenant and agree as follows:
<br />1, Leased Premises Use and Comrnon Aren,
<br />Descrintien, Lessor agrees to lease to Lessee all upon and subject to'the term and
<br />conditions set forth herein, a 15,500 square feet indoor restaivant facility with an adjacent
<br />outdoor dining area consisting of 2,500 square feet located on the ground level at the restaurant
<br />Spam at Gateway Park, as more particularly described in Exhibit "B" hereto (eesell ig
<br />together with the concession area that is part of the build -out of the parking garage
<br />and all
<br />rights, easements and appurtenances thereto belonging (hereinafter collectively referred to as dee
<br />"Leased Premises"). Lessec is pennitted to use the Leased Premises for a restaurant, and to•grant
<br />third
<br />to third party vendors the right to operate a high-end goumret fund market, oto grant and for
<br />party vendors the right to operate the concession area built into the pang galore that will be
<br />no other purpose whatsoever (thee "Permitted Use"). All third party
<br />operating food markets and the concession area shall be approved in writing by the City Manager
<br />or his/her designee and such approval shall be, provided within thirty (30) days of submission by
<br />the Lessee. City Manager's approval shall not be unreasonably withheld. For the purpose of
<br />this Section, the term restaurant space" means the 15,500 square feet indoor restaurant facility
<br />located on the ground level of the parking garage.
<br />1,1 • Common Area, As long as this Lease Agreemeat remains in effect and Lessee is
<br />not in default hereunder, Lessee shall have the non-exclusive right, in common with the lessor,
<br />invitees, and the general public, to use the common areas of Gateway Park, which include, but
<br />are not limited to: walkways, landscaped areas, patios, sidewalks, recreational facilities,
<br />restroorns, stairways, elevators, and parking areas.
<br />L.
<br />528
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