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RFP No. 09-04-01 Restaurant at Fishing Pier
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Last modified
3/3/2011 10:22:09 AM
Creation date
3/3/2011 10:19:41 AM
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CityClerk-Bids_RFP_RFQ
Project Name
Restaurant at Pier Park
Bid No. (xx-xx-xx)
09-04-01
Project Type (Bid, RFP, RFQ)
RFP
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<br />Date and continuing on the first day of each calendar month thereafter during the Lease Term, <br />without any offset or deduction. Should the Lease Term commence on a day other than the first <br />day of a calendar month, then the rental for such first fractional month shall be computed on a <br />daily basis for the period from the Commencement Date to the end of such calendar month <br />at an amount equal to 1I30th of the Base Monthly Rent for each day. Should the Lease <br />Term end on a day other than the last day of a calendar month, then the rental for such <br />fractional month shall be computed on a daily basis at an amount equal to 1I30th of the Base <br />Monthly Rent for each day. Tenant shall pay Landlord the Base Monthly Rent in lawful money <br />of the United States without deduction, setoff or counterclaim. Any waiver of initial rent or <br />other base monthly rent shall be in accordance with Section 1.23 of the Request for Proposal. <br /> <br />2.2.2 Percentage Rent and Quarterly Reporting Requirements. <br /> <br />(i) In addition to the Base Monthly Rent, Tenant shall pay to <br />Landlord Percentage Rent equal to the amount by which percent ( %) of all Net Sales <br />(as hereinafter defined) during each full or partial calendar year exceed the total annual <br />Base Rent provided under Paragraph 2.1.1. of this Lease for such year. Percentage Rent <br />shall be payable on a quarterly basis during the calendar year, on or before the thirtieth <br />(30th) day of the month following the end of each quarter, such Percentage rent to be <br />equal to eight percent (8%) of Tenant's Net Sales for the same lease quarter. <br /> <br />(ii) The term "Net Sales" as used in this Lease shall include the entire <br />gross receipts of every kind and nature from the sales and services made in, upon, or from (e.g. <br />catering services) the premises, and promotional events, whether upon credit, for cash or credit; <br />excepting there from sales and similar taxes attributable to such sales which are charged to and <br />collected from the customer, customer discounts, refunds, voids, all complimentary <br />or promotional meals, and all meals of employees, management or corporate personnel <br />attendant to the extent no money is received for any of them. <br /> <br />(iii) Tenant shall, in connection with all sales, utilize point of <br />sale equipment which properly records all such sales. Tenant shall keep in the demised <br />premises or at some other location a permanent and accurate set of books and records of all sales <br />and revenues derived from business conducted in the demised premises, including: catering <br />records; records of voids and refunds; tax reports; liquor tax returns; and such other records as <br />may be needed to permit an effective audit of sales. All such records shall be retained and <br />preserved for at least twenty-four (24) months after the end of the calendar year to which <br />they relate, and shall be subject to inspection and audit by Landlord and its agents at all <br />reasonable times.. <br /> <br />(iv) In addition, the Tenant shall prepare and remit quarterly reports <br />to Landlord on or before the thirtieth (30th) day of the month following the end of each <br />quarter, evidencing the percentage of rent collected based on net sales, and in such form as <br />Landlord may require, certified to be correct by Tenant or Tenant's authorized <br />representative. <br /> <br />3 <br />
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