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<br />to marketing. City shall have the right to increase or decrease the waiver period based on the <br />expediency of the build out. <br />The term "net sales" shall include the entire gross receipts of every kind and nature from the <br />sales and services made in, upon, or from the premises, and promotional events, whether <br />upon credit, for cash or credit. <br />The waiver period does not include agreed percentage of pier admission fees, as proposed in <br />Section 1.5 above. <br /> <br />The selected proposer may choose to operate the pier and bait/gift shop in addition to the <br />restaurant, as provided for in Section 1.5. In so choosing, the proposer" will include the <br />percentage of entrance fees and bait/gift shop sales in the rent quote. <br /> <br />Initial Rent <br /> <br />Initial rent is the rent due during the design and constructionlbuild out period. The City will <br />waive the initial rent for up to three (3) months after substantial completion of the restaurant <br />shell as an incentive to the selected proposer to constructlbuild out the Project and market the <br />restaurant during the design and construction phases. <br /> <br />Base Monthly Rent, Percentage of Rent and Percentage of Entrance Fees <br /> <br />After the date of beneficial occupancy (as defined in Section 1.22 above) and through the <br />termination date of the agreement, the selected proposer shall pay the City: <br /> <br />1. Base monthly rent <br /> <br />2. Percentage of rent <br /> <br />And optionally <br /> <br />3. Percentage of Pier entrance fees and percentage of bait/gift shop net sales <br /> <br />The selected proposer will pay to the City, the rent as described in the Agreement, and <br />proposed by the selected proposer in Section 1.5, due the first of each month. The <br />percentage of rent, also as described in the Agreement and proposed by the selected proposer <br />in Section 1.5, will be calculated based on net sales and due quarterly. In addition, the <br />selected proposer shall be responsible for preparing and remitting quarterly reports to the <br />City evidencing the percentage of rent collected, based on net sales. <br /> <br />In addition to the waiver of the initial rent of up to three (3) months, the City will offer to the <br />selected Proposer a waiver of base monthly rent for up to three (3) months, as an incentive to <br />provide the selected proposer a period in which to establish clientele, adjust menu items to meet <br />demand, and dedicate funds to marketing. These combined waivers will not exceed six (6) <br />months total. <br /> <br />In consideration of an early constructionlbuild out, the City may extend the waiver of base <br />monthly rent up to the total of six (6) months combined. The percentage rent will be in effect <br />from the date of beneficial occupancy only if net sales exceed the base rent amount at the end <br />of the financial quarter. The City will notify the selected proposer in writing as to the <br />expiration date of the waiver period. <br /> <br />17 <br />