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Reso 2003-604
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Reso 2003-604
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Last modified
7/1/2010 9:41:07 AM
Creation date
1/25/2006 1:57:26 PM
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CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
2003-604
Date (mm/dd/yyyy)
10/23/2003
Description
– Lease Agmt with RomaCorp (Tony Roma’s Restaurant) 18050 Collins Ave.
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<br />regardless of Landlord's knowledge of such preceding default at the time of acceptance of such <br />rent. <br /> <br />15.1 0 Recording. Either Landlord or Tenant shall, upon request of the other, execute, <br />acknowledge, and deliver to the other a "short form" memorandum of this Lease for recording <br />purposes. Such memorandum shall be in the form prescribed by Landlord. In addition, any <br />termination agreement shall be similarly recorded, which agreement shall survive the termination <br />of this Lease. <br /> <br />15.11 Holding Over. If Tenant remains in possession of the Premises or any part thereof <br />after the expiration or termination of the Lease Term, such occupancy shall be a tenancy from <br />month-to-month upon all the provisions of this Lease pertaining to the obligations of Tenant and <br />Tenant shall thereby waive its rights of notice to quit, but Tenant's right as to any Renewal Term <br />shall terminate. The monthly rent due during such hold-over period shall be equal to 150% of <br />the Minimum Monthly Rent then in effect, and Tenant shall continue to be obligated to pay all <br />Impositions and other amounts required to be paid by the terms of this Lease. <br /> <br />15.12 Choice of Law. The laws of Florida shall govern the validity, performance, and <br />enforcement of this Lease. <br /> <br />15.13 Attorneys' Fees. Should either party institute any action or proceeding to enforce <br />any provision hereof or for a declaration of such party's rights or obligations hereunder, the <br />prevailing party shall be entitled to receive from the losing party such amounts as the court may <br />adjudge to be reasonable attorneys' fees and expenses for services rendered to the party <br />prevailing in any such action or proceeding, and such fees shall be deemed to have accrued upon <br />the commencement of such action or proceeding and shall be enforceable whether or not such <br />action or proceeding is prosecuted to judgment. <br /> <br />15.14 Waiver of Jury Trial. LANDLORD AND TENANT EACH HEREBY WANE <br />ALL RIGHT TO A TRIAL BY JURY IN ANY CLAIM, ACTION, PROCEEDING OR <br />COUNTERCLAIM BY EITHER LANDLORD OR TENANT AGAINST THE OTHER ON <br />ANY MATTERS ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS LEASE, <br />THE RELATIONSHIP OF LANDLORD AND TENANT AND/OR TENANT'S USE OR <br />OCCUP ANCY OF THE PREMISES. <br /> <br />15.15 Liability of Landlord. In the event of any sale or other transfer of Landlord's <br />interest in the Premises, Landlord shall be relieved of all liabilities and obligations of Landlord <br />hereunder arising after the date of such transfer. Notwithstanding anything contained herein to <br />the contrary, Landlord shall have no personal liability in respect of any of the terms, covenants, <br />conditions or provisions of this Lease, and in the event of a breach or default by Landlord of any <br />of its obligations under this Lease, Tenant and any persons claiming by, through or under Tenant <br />shall look solely to the equity of the Landlord in the Premises for the satisfaction of Tenant's <br />and/or such persons' remedies and claims for damages. <br /> <br />15.16 No Merger. There shall be no merger of this Lease, or the leasehold estate created <br />by this Lease, with any other estate or interest in the Premises, or any part thereof, by reason of <br /> <br />- 20- <br />
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