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2023-034A
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2023-034A
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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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invoke any remedy allowed at law or in equity as if reentry, summary proceedings and other <br />remedies were not herein provided for. <br />(G) No right or remedy herein conferred upon or reserved to Landlord <br />is intended to be exclusive of any other right or remedy herein or by law provided but each shall be <br />cumulative and in addition to every other right or remedy given herein or now or hereafter existing at <br />law or in equity or by statute. <br />(H) If permitted by applicable law, Tenant expressly waives: <br />1. The benefit of all laws, now or hereafter in force, exempting <br />any goods on the Leased Premises or elsewhere from levy or sale in any legal proceeding taken by <br />Landlord to enforce any rights under this Lease. <br />2. The right to delay execution on any real estate that may <br />be levied upon to collect any amount which may become due under the terms and conditions of <br />this Lease and any right to have the same appraised. <br />3. All of the following: (A) the requirement under Section <br />83.12 of the Florida Statutes that the plaintiff in his distress for rent action file a bond payable to the <br />Tenant in at least double the sum demanded by the plaintiff, it being understood that no bond shall be <br />required in any such action; (B) the right of Tenant under Section 83.14 of the Florida Statutes to <br />replevy distrained property; (C) the right of counterclaim in any action brought by Landlord against <br />Tenant for damages or for possession of the Leased Premises due to nonpayment of Rent; and (D) the <br />notice requirement set forth in Section 83.20 of the Florida Statutes. <br />(I) For the purpose of calculating the "accelerated Rent" payable <br />under paragraph (A) of this Section and the "Rent reserved for the balance of the Term" for the <br />purposes of paragraph (D) of this Lease (but without discounting as provided therein), the amount <br />payable as Tenant's Pro Rata Share of Taxes, Tenant's Pro Rata Share of Insurance and Tenant's <br />Pro Rata Share of Common Area Maintenance Expenses for the balance of the Term shall be equal <br />to the sum of the highest amount paid or payable by Tenant in any Calendar Year for each of the <br />foregoing items multiplied by the number of Calendar Years (including any fractional Calendar <br />Year) remaining in the Term. <br />O As security for the obligations of Tenant under this Lease, <br />Tenant does hereby assign, transfer and set over unto Landlord all of the rights, title and interest of <br />Tenant in and to any subleases of the Leased Premises. The assignment provided for in this paragraph <br />shall in no event be deemed: to constitute consent by Landlord to any sublease by Tenant nor an <br />agreement by Landlord to accept any subtenant as a tenant of Landlord in the event of a termination of <br />this Lease nor in any manner as a waiver by Landlord of the provisions and limitations herein; or to <br />constitute an agreement by Landlord to perform any of the obligations of Tenant under any sublease of <br />the Leased Premises. Until the occurrence of an event of default by Tenant under this Lease, Tenant may <br />continue to collect the rent and other sums payable under the sublease(s) assigned hereby; but from and <br />after the occurrence of an event of default, all such rent and other sums shall be paid to Landlord and <br />applied by Landlord on account of Rent and other sums due by Tenant to Landlord pursuant to this <br />24 <br />
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