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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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(vii) Sale or other disposition by Lessee of substantially all of its assets <br /> or property. <br /> (viii) Dissolution, merger, consolidation, termination of existence, <br /> insolvency, business failure or assignment for the benefit of creditors of or by <br /> Lessee. <br /> (ix) Any material statement, representation or information made or <br /> furnished by or on behalf of Lessee to Lessor in connection with or to induce <br /> Lessor to enter into this Lease shall prove to be materially false or misleading <br /> when made or furnished, <br /> 17.2 Remedies. Upon the occurrence of a default by Lessee pursuant to the foregoing <br /> Section or otherwise in under this Lease, Lessor may at any time thereafter, with or without <br /> notice or demand and without limiting Lessor in the"exercise of any right or remedy which <br /> Lessor may have by reason of such default: <br /> (i) Terminate Lessee's right to possession of the Leased Premises by <br /> any lawful means, in which case this Lease and the term hereof shall terminate <br /> and Lessee shall immediately surrender possession of the Leased Premises to <br /> Lessor. In such event, Lessor shall be entitle, at its option, and without notice to <br /> Lessee, to accelerate the remaining rent due and to recover from Lessee all <br /> damages incurred by Lessor by reason of Lessee's default. <br /> (ii) Maintain Lessee's right to possession of the Leased Premises by <br /> any lawful means, in which case this Lease and the term hereof shall continue in <br /> effect whether or not Lessee shall have vacated or abandoned. the Leased <br /> Premises. In such event Lessor shall be entitled to enforce all of Lessor's rights <br /> and remedies under the Lease, including the right to recover the rent as it becomes <br /> due hereunder, <br /> (iii) Pursue any other remedy now or hereafter available to Lessor <br /> under the laws or judicial decisions of the state of Florida. <br /> 17.3 Cumulative Remedies. No remedy or election hereunder shall be deemed <br /> exclusive but shall, wherever possible, be cumulative with all other remedies provided in this <br /> Section or otherwise available at law or in equity. <br /> 17.4 No Accord and Satisfaction. No payment by Lessee or receipt by Lessor of any <br /> lesser amount than the amount stipulated to be paid hereunder shall be deemed other than on <br /> account of the earliest stipulated Base Rent,Percentage Rent, Additional Rent, or other sums due <br /> under this Lease; nor shall any endorsement or statement on any check or letter be deemed an <br /> accord and satisfaction, and Lessor's right to recover the balance due or to pursue any other <br /> remedy available to Lessor shall not be limited thereby. <br /> 17.5 Waivers. No failure by Lessor to insist upon the strict performance of any term, <br /> covenant, agreement, provision, condition, or limitation of this Lease or to exercise any right or <br />
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