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2023-034A
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2023-034A
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Entry Properties
Last modified
7/6/2023 11:17:16 AM
Creation date
7/6/2023 11:06:52 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Lease
Approved Date
02/07/2023
Control Number
2023-034A
Agenda Item Number
8.K.
Entity Name
Flowsmart Sebastian, LLC dba Five Guys
Subject
Agreement of Lease, 1919US Hwy 1 Sebastian
Document Relationships
2023-034
(Cover Page)
Path:
\Official Documents\2020's\2023
2023-034B
(Agenda)
Path:
\Official Documents\2020's\2023
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completed and the Leased Premises opened for business in accordance with the provisions of this <br />Lease. Tenant shall perform no work in the Leased Premises until such plans and specifications have <br />been approved by Landlord. <br />Lb.) Construction Procedures and Requirements. In performing Tenant's Work, <br />Tenant shall (or cause its contractor to) comply with the following requirements: <br />(i) In addition to, and not in lieu of the other policies of insurance required by <br />this Lease, at all times between the start and completion of Tenant's Work (such period is herein referred <br />to as "Tenant's Construction Period"), Tenant, at its own cost and expense, shall cause Tenant's contractor <br />to maintain in effect with a responsible insurance company, a policy of all risk builder's risk insurance in <br />the standard form for the State of Florida. Said insurance shall cover the full replacement value of all <br />work done and fixtures and equipment installed or to be installed at the Leased Premises by Tenant, <br />without coinsurance and with a deductible clause not to exceed Five Thousand Dollars ($5,000.00). <br />(ii) In addition to, and not in lieu of the other policies of insurance required by <br />this Lease, at all times during Tenant's Construction Period, Tenant, at its own cost and expense, shall <br />cause Tenant's contractor to maintain in effect with a responsible insurance company a policy of <br />comprehensive liability insurance or (at Landlord's option) commercial general liability insurance (on <br />an occurrence basis). Said insurance shall protect against claims for personal injury (including death) <br />and property damage. With limits not less than Five Million Dollars ($5,000,000.00) in respect of <br />personal injury (including bodily injury and death) and Two Million Dollars ($2,000,000.00) for <br />property damage. <br />(iii)At all times during Tenant's Construction Period, Tenant's contractors and <br />subcontractors shall maintain in effect worker's compensation insurance as required by the laws <br />of the State of Florida. <br />(iv) Repair and/or reconstruction of all or any portion of Tenant's Work <br />damaged or destroyed by any casualty occurring during Tenant's Construction Period shall be <br />commenced by Tenant as soon as possible after such casualty; provided that if all or any portion <br />of Landlord's Work is also damaged or destroyed by such casualty, Landlord shall notify Tenant <br />when repairs or reconstruction of Landlord's Work is substantially completed and, upon receipt of <br />such notice, Tenant shall promptly pursue such repair and/or reconstruction to completion. <br />(v) Any approval or consent by Landlord of any or all of Tenant's criteria, <br />systems, plans, specifications or drawings shall neither constitute an assumption of responsibility <br />by Landlord for any aspect of such criteria, systems, plans, specifications or drawings including, <br />but not limited to, their accuracy or efficiency nor obligate Landlord in any manner with respect to <br />Tenant's Work and Tenant shall be solely responsible for any deficiency in design or construction <br />of all portions of Tenant's Work. <br />(vi) Subject to the terms of this Lease, Tenant shall obtain and pay for all <br />necessary permits and shall pay all other fees required by public authorities or utility companies with <br />respect to Tenant's Work. <br />(vii) Tenant shall maintain the Leased Premises and the Common Areas <br />12 <br />
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