Reso 2011-1749 - Laserfiche WebLink

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Section 4. Refunds. Tenant shall be entitled to any refund of any such Imposition and penalties or interest thereon which have been paid by Tenant or which have been paid by Landlord and for which Landlord has been fully reimbursed by Tenant. Section 5. Utilities. Tenant covenants to pay all public and private charges for water, sewer, electricity, gas, telephone and other utility services used in or upon the Premises and the Improvements during the Term from and after the date the Final Approvals are obtained and vacant, unencumbered possession of the Premises has been delivered to Tenant. Section 6. Depreciation. For depreciation purposes only, the Improvements on the Premises once constructed by Tenant shall be deemed the property of Tenant, and any and all depreciation or loss allocated to the Improvements shall remain the sole property of Tenant until this Lease is terminated pursuant to its terms. ARTICLE V Improvements/Development Approvals; Use Section 1. Improvements. No later than one hundred eighty (180) days after selecting Acceptable Vendors, Tenant, at its own cost and expense, shall submit to Landlord its plans for the commencement and completion of the construction, and the acquisition and installation of the Tenant Improvements, as hereinafter defined. Tenant's Improvements shall consist of retail restaurant facilities as generally described in the schematic plans attached hereto as Exhibit "c" (the "Tenant Improvements" or "Improvements"). The Landlord acknowledges and agrees that Tenant intends on constructing a restaurant(s) as generally described on the Premises in accordance with Exhibit "C". The plans for the restaurant shall include: a layout of the Premises, a lighting plan, a depiction of all fixtures to be added to Premises, interior finish and material samples, typical display technique, and interior and exterior signage plan. Section 2. Development Approvals. Tenant may not construct any Tenant's Improvements until the preliminary plans and designs for such improvements have been submitted to, and approved by the City in writing accordance with the development review process set forth in the Code of the City of Sunny Isles Beach ("Development Approvals"). Tenant shall submit conceptual plans as generally described in Exhibit "C" for approval for Tenant's Improvements simultaneous with the submittal of plans for the park and parking garage that Tenant intends to construct for the Landlord but in no event later than 180_ days after the execution of this Lease. The obligations of the Tenant to obtain the Development Approvals shall be deemed satisfied and fulfilled at such time as the Development Approvals are fully adopted by all requisite governmental action and have become final, binding and no longer subject to appeal, which shall hereinafter be referred to as having obtained the "Final Approvals. fI Notwithstanding the foregoing, Development Approvals do not include building permits, certificates of use or occupancy, or such other City, or other similar governmental permits or approvals that are purely ministerial (as opposed to discretionary) in nature. 7 .7