Reso 2015-2370 - Laserfiche WebLink

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i✓ LEASE AGREEMENT FE ERtu4N a3, THIS LEASE AGREEMENT (this "Lease") is dated as of Asserga 2015 ("Effective Date") by and among CITY OF SUNNY ISLES BEACH, FLORIDA, a municipal corporation of the State of Florida ("Lessor"), and FLY ME TO THE MOON, LLC, ("Lessee"). Preliminary Statements WHEREAS, Lessor is the owner of Gateway Park and Parking Garage located at 151- 215, and 331 Sunny Isles Boulevard (the "Property" or "Gateway Park") in Sunny Isles Beach, Florida, as specifically described in Exhibit"A"; and WHEREAS, Lessor desires to lease to Lessee the Leased Premises (as hereinafter defined),on the terms and conditions set forth below;and WHEREAS, as a component of this Lease, Lessor agrees to provide Lessee with the exclusive right to operate the concession at Gateway Park during the term of this Lease. NOW, THEREFORE, for and in consideration of the foregoing and for other good and valuable consideration and of the mutual agreements hereinafter set forth, Lessor and Lessee hereby covenant and agree as follows: 1. • Leased Premises,Use, and Common Area. Description. Lessor agrees to lease to Lessee all upon and subject to'the terms and conditions set forth herein, a 15,500 square feet indoor restaurant facility with an adjacent outdoor dining area consisting of 2,500 square feet located on the ground level at the restaurant space at Gateway Park, as more particularly described in Exhibit "B" hereto (the `Premises") together with the concession area that is part of the build-out of the parking garage shell and all rights,easements and appurtenances thereto belonging (hereinafter collectively referred to as the "Leased Premises"). Lessee is permitted to use the Leased Premises for a restaurant,and to grant to third party vendors the right to operate a high-end gourmet food market, and to grant to third party vendors the right to operate the concession area built into the parking garage shell, and for no other purpose whatsoever (the "Permitted Use"). All third party vendors that will be operating food markets and the concession area shall be approved in writing by the City Manager or his/her designee and such approval shall be provided within thirty (30) days of submission by the Lessee. City Manager's approval shall not be unreasonably withheld. For the purpose of this Section, the term "restaurant space" means the 15,500 square feet indoor restaurant facility located on the ground level of the parking garage. 1.1 Common Area. As long as this Lease Agreement remains in effect and Lessee is not in default hereunder, Lessee shall have the non-exclusive right, in common with the Lessor, invitees, and the general public, to use the common areas of Gateway Park, which include, but are not limited to: walkways, landscaped areas, patios, sidewalks, recreational facilities, restrooms,stairways,elevators,and parking areas. • f� t p " v 1