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Reso 2015-2370
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Reso 2015-2370
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Last modified
3/26/2015 9:45:28 AM
Creation date
3/4/2015 4:20:11 PM
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CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
2015-2370
Date (mm/dd/yyyy)
01/15/2015
Description
Gateway Park Restaurant Lease Agmt w/Fly Me to the Moon, LLC
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Lessor all records and documentation as required to be provided pursuant to the terms of this <br /> Lease so as to permit Lessor's auditor to accurately establish Lessee's Gross Sales for the period <br /> in question,then Lessee shall be permitted a credit with respect to any amount of additional rent <br /> collected by Lessor from Lessee pursuant to this paragraph, with such credit to be applied first <br /> against the installment of percentage rent due from Lessee for the period in question, with any <br /> remaining credit to be applied against the next installment of Percentage Rent payable by Lessee. <br /> Neither the provisions of this Section nor any other provisions in this Lease shall restrict <br /> Lessor's rights to discovery in any litigation or arbitration proceeding. <br /> i } <br /> 6. Maintenance and Repairs. <br /> 6.1 Lessee's Obligations. Lessee shall, at its sole cost and expense, maintain in good <br /> repair, order, and serviceable condition the Leased Premises and every part thereof, including, <br /> without limitation, all plumbing, ventilation, heating, air conditioning, and electrical systems and <br /> equipment in, on, or exclusively serving, the Leased Premises, and all windows, doors, plate <br /> glass, interior walls, and ceilings which are part of the Leased Premises, and nearby exterior <br /> walkways utilized by patrons of the Leased Premises. <br /> 6.2 Lessor's Obligations. Lessor have the obligation to repairr and maintain the <br /> foundation, exterior walls, roof and utilities beyond connection to the restaurant facility on the <br /> Leased Premises, including structural or nonstructural, ordinary or extraordinary. <br /> 6.3 Parties' Rights. If either party refuses or neglects to make repairs or maintain the <br /> Leased Premises, or any part thereof, in a manner reasonably satisfactory to the other, without <br /> prejudice to any other remedy, upon giving ten (10) days prior written notice, such party shall <br /> have the right to perform such maintenance or make such repairs on behalf of and for the account <br /> of the other. In the event a party so elects, the other shall pay the cost of such repairs, <br /> maintenance, or replacements within five (5) days following receipts of a bill therefor. Lessee l <br /> agrees to permit Lessor or its agent to enter the Premises, upon reasonable notice by Lessor, <br /> during normal business hours for the purpose of inspecting the Premises. <br /> 6.4 Americans with Disabilities Act(ADA) <br /> (a) Lessor's Warranty. Lessor warrants and represents that to Lessor's <br /> knowledge the Leased Premises are in compliance with the requirements of Title III of the <br /> Americans with Disabilities Act of 1990, as amended (the "ADA") and the regulations and <br /> accessibility guidelines of the ADA and any similar state or local laws, collectively called the <br /> "ADA Laws". <br /> (b) Lessee's Warranty. Lessee agrees that it shall conduct its occupancy and <br /> use of the Leased Premises in accordance with the ADA Laws (including, but not limited to, <br /> modifying its policies, practices, and procedures, and providing auxiliary aids and services to <br /> disabled persons). <br /> (c) Parties' Indemnity. Lessor and Lessee agree to indemnify and hold , F <br /> harmless the other from any claims or causes of action resulting from their failure to comply with <br /> their respective obligations in paragraph 6.4. <br />
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