2023-034A - Laserfiche WebLink

Home Browse Search

SECTION 5 USE OF PREMISES: OCCUPANCY 5.01 Use of the Leased Premises. The Leased Premises shall be used for a food service establishment (restaurant) that serves primarily hamburgers, hot dogs, non-alcoholic beverages and other menu items typical to a Five Guys restaurant, which cooks food for on and off premise consumption, and for no other purpose. Tenant shall not serve alcoholic beverages of any type, without Landlords's written permission. Tenant shall have the exclusive right to sell hamburgers, cheeseburgers, french fries and other complimentary items, for on- and off -premises consumption at the Shopping Center. Tenant's exclusive shall not pertain to tenants whose sale of such items constitutes ten percent (10%) or less of their gross revenue. Full-service restaurants that take customers' orders at their table and delivers food to their table are also exempt from Tenant's exclusive. 5.02 Hazardous Substances. fa,) Compliance with Law. All operations and activity at the Leased Premises shall be conducted by Tenant in compliance with all Environmental Statutes. Tenant shall maintain all permits or approvals and shall timely submit all reports and other documents required by Environmental Statutes. Tenant, at its sole cost and expense, shall be responsible for and shall comply with all Environmental Statutes having jurisdiction over the Leased Premises and the Center with respect to the presence or removal of Hazardous Substances that were installed by, stored or brought on the Leased Premises or the Center by Tenant or its employees, subtenants, assignees, contractors, agents or customers. (i) This is to include but not limited to compliance with Section 303 of the Indian River County Code for Grease Trap Interceptors. Section 303.22 of the Indian River County Code requires a grease trap interceptor be maintained at least once every six (6) months and cannot be altered unless determined by the environmental health director. Information Transfer. Tenant shall provide to Landlord: (i) all applications and other documents submitted to any governmental agency relating to Environmental Statutes; (ii) all permits, licenses and approvals obtained under Environmental Statutes; and (iii) any correspondence, notice of violation, or other document received by Tenant relating to Environmental Statutes. (c) Handling of Hazardous Substances. Tenant shall not cause or allow the use, generation, handling or storage of Hazardous Substances in, on or under the Leased Premises. Should any release of Hazardous Substances occur at the Leased Premises, the Tenant shall immediately take all measures necessary to contain, remove and dispose of the Leased Premises all materials released or contaminated by the release, and remedy and mitigate all threats to public health or the environment relating to such release. When conducting any such measures and when using and handling Hazardous Substances, the Tenant shall comply with Environmental Statutes Tanks. Tenant shall obtain prior written approval of the Landlord for the Installation of any storage tank, whether above or underground, at the Leased Premises, and will comply with all applicable laws and regulations concerning its installation, operation and closure. Upon termination of this Lease, Landlord shall have the option of requiring that Tenant, at Tenant's sole cost and expense, perform tests relating to and/or remove any tank installed by Tenant and any associated contaminated material.