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<br />I <br /> <br />8. OPTION: <br /> <br />I <br /> <br />9. POSSESSION: <br /> <br />I <br /> <br />10. CONDITION OF <br />PREMISES: <br /> <br />11. FIXTURIZATION TIME <br />AND COMMENCEMENT <br />OF RENT: <br /> <br />I <br /> <br />12. MINIMUM OPERATING <br />STANDARDS: <br /> <br />I <br /> <br />13. TEN ANT <br />IMPROVEMENT <br />ALLOW ANCE: <br /> <br />I <br /> <br />14. OUTDOOR SEATING: <br /> <br />I <br /> <br />I <br /> <br />15. MINIMUM RENT: <br /> <br />I <br /> <br />16. OPTION RENT: <br /> <br />17. PERCENTAGE RENT: <br /> <br />I <br /> <br />Two (2) Ten (10) year option periods. <br /> <br />Upon Landlord's delivery to Tenant. <br /> <br />See Schedule "B" attached. The Premises shall meet all applicable <br />ADA requirements. <br /> <br />One hundred and sixty (160) days after possession. <br /> <br />Tenant shall agree and uphold the operating food standards for food <br />service as outlined in Section "F" of RFP NO. 09-04-0 I. <br /> <br />Landlord will provide Tenant an improvemcnt allowance in the <br />amount of $50 psf towards thc cost of Tenant improvements. <br /> <br />Subject to the terms and eonditions of the Lease and all applieable <br />codes and regulations, Tenant shall be allowed to use, for its exclusive <br />use, an area identified on the site plan attached as Exhibit "Site plan," <br />above the Premises for outdoor seating. <br /> <br />Assuming restaurant air eonditioned premises of approximately <br />5,000 square feet, Tenant shall pay to Landlord minimum rent as <br />follows: $24.00 per square foot per year. <br /> <br />After the tenth (I Olh) year, the option rent shall follow the same <br />terms and conditions as the primary term. <br /> <br />Five percent (5%) of Gross Total Sales for all business combined or <br />separated. <br /> <br />18. FIRST MONTH'S RENT: Tenant shall pay first month's rent upon lease execution. <br /> <br />I <br /> <br />19. PARKING: <br /> <br />i <br /> <br />20. CONSTRUCTION <br />PERIOD: <br /> <br />I <br /> <br />21. SECURITY DEPOSIT: <br /> <br />I <br /> <br />22. SIGNAGE: <br /> <br />I <br /> <br />23. COMMON AREA <br />TAXES & INSURANCE: <br /> <br />I <br /> <br />24. PERMITTED USE: <br /> <br />I <br /> <br />25. ADA AND TOXICS <br />DISCLOSURE: <br /> <br />I <br /> <br />I <br /> <br />Tenant shall have access to parking spaees described in proposal RFP <br />NO. 09-04-0 I. <br /> <br />Should Tenant fail to open to the public for business within nine (9) <br />months after possession, Landlord shall have the right, but not the <br />obligation, to terminate the lease. <br /> <br />Tenant shall pay to Landlord a security deposit equal to one month's <br />rent at lease execution. <br /> <br />Signage shall be at Tenant's expense and shall conform to Landlord's <br />established sign criteria for Pier Park entrance. Signage shall be <br />subject to the approval of all relevan t governmental bodies. <br /> <br />Tenant shall pay to Landlord, on a monthly basis, Tenant's <br />proportionate share of operating expenses, property taxes and <br />insurance premiums for the Premises. As described in RFP NO. 09- <br />04-01. <br /> <br />Operation of a restaurant, bar, pier, bait and gift shop. <br /> <br />Both Landlord and Tenant acknowledge the existence of and their <br />understanding of the Americans with Disabilities Act and the laws <br />pertaining to the necessity for Toxics disclosure. Your <br /> <br />5 <br />