2023-034A - Laserfiche WebLink

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"Utilities" shall mean heat, sewer, water, electricity, and any other utilities provided to, or used or consumed in or on the Leased Premises. SECTION 3 GRANT: TERMS 3.01 Grant. (a) Landlord hereby leases the Leased Premises to Tenant; and Tenant hereby rents the Leased Premises from Landlord. (b) In addition, Tenant shall have the non-exclusive right to use the Common Areas, in common with all others designated from time to time by Landlord as being entitled to such use; subject, however, to the terms and conditions of this Lease and to rules and regulations for the use thereof as prescribed from time to time by Landlord. Landlord may at any time: withdraw or add areas to the Common Areas and/or the Center; alter the Common Areas and/or the Center; construct or remove buildings or other improvements upon or from the Common Areas and/or the Center; and grant easements within the Common Areas and/or the Center (provided that at all times adequate parking facilities are available for common use of, and access and visibility to, the Leased Premises is not obstructed in a material and substantial manner). (c) Tenant shall have the right to reserve up to two parking stalls near the front of the store entrance for Tenant's carryout and third -party delivery service pickup. (Pending City of Sebastian approval) (d) Tenant, if permitted by the City of Sebastian, may seat and serve its customers in the outdoor seating area ("Outdoor Seating Area") which shall be exclusively reserved for Tenant. The boundaries of the outdoor seating area (which shall consist of a portion of the current parking area in the Center) shall be developed as part of Tenant's plans for improvements to be made to the Premises which will be submitted to the Landlord for approval and after said approval, be submitted for approval to the City of Sebastian. The Outdoor Seating Area shall not be included as additional square footage in the Lease and shall not be the source of additional rent. 3.02 Term. The Term shall mean the Initial Term (as set forth in Section 1.01(f) herein) and any Renewal Term (as defined below). The Tenant shall notify the Landlord ninety (90) days prior to the termination date of the Lease of their decision to either exercise the first renewal option or end the lease upon the original termination date (whether it be the Initial Term or a Renewal Term). The Tenant shall notify the Landlord ninety (90) days prior to the termination date of the first option of their decision to either exercise the second renewal option or end the lease upon the first option termination date 3.03 Original Termination Date. The Original Termination Date shall be ten (10) years from the Rent Commencement Date. 3.04 Term Extension Options. Provided that Tenant is not in default hereunder beyond any applicable notice and cure period at the time of exercise, that Tenant has not been in default hereunder beyond any applicable notice and cure period during the preceding twenty-four (24) months and that the original Tenant hereunder has not assigned this Lease or sublet the Leased Premises (except as permitted herein), Tenant shall have and is hereby granted two (2) separate and consecutive options to extend the Term upon the terms, covenants, conditions and provisions set forth herein for two (2) consecutive five (5) year periods ("Renewal Term"); provided that at the time an option to renew is exercised, the Term shall be in effect. Such Extension Option shall be exercisable by Tenant giving