restaurant eviction information for Square 1

1. 1
IN THE CIRCUIT COURT OF THE
NINTH JUDICIAL CIRCUIT IN
AND FOR ORANGE COUNTY,
FLORIDA
DESTINATION STUDIOS, LLC,
Plaintiff,
CASE NO.:
DIVISION:
vs.
SQUARE ONE WINTER PARK, LLC dba SQUARE 1
BURGERS & BAR,
Defendants.
___________ /
COMPLAINT
COMES NOW the Plaintiff, DESTINATION STUDIOS, LLC, by and through its undersigned
attorneys and files this Complaint against the Defendants, SQUARE ONE WINTER PARK, LLC dba
SQUARE 1 BURGERS & BAR (hereinafter referred to as “SQUARE 1”), and states as follows:
1. This is an action for possession for termination of a commercial lease.
2. Plaintiff owns, operates and controls certain real property located in Winter Park, Orange
County, which is described as 900 South Orlando Avenue, Winter Park, FL 32789. Venue is proper in
Orange County, Florida since SQUARE ONE WINTER PARK, LLC dba SQUARE 1 BURGERS &
BAR is operating a business with its principal place of business in Winter Park, Orange County, Florida.
3. On June10, 2015, SQUARE ONE WINTER PARK, LLC dba SQUARE 1
BURGERS & BAR entered into a Lease Agreement to lease the premises located at 900 South Orlando
Avenue, Winter Park, FL 32789, (the "Premises"). A true and correct copy of the Lease Agreement is
attached hereto as Exhibit "A" ("the Lease").
4. Pursuant to the Lease, SQUARE 1 agreed to pay the following charges each month:
taxes, tax rent, and all late fees and finance charges as well as other charges owed under the Lease, which
SQUARE 1 agreed to pay on the first day of each month.
5. SQUARE 1 also agreed to pay Plaintiff for Florida Sales Tax on all items due under the
Lease and as itemized above, including late fees and finance charges.
Filing # 55372623 E-Filed 04/20/2017 03:09:24 PM

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6. SQUARE 1 failed to pay all the minimum rent and additional rent and charges when due
according to the terms of the Lease from April 1, 2017, and each month thereafter and as of the date of
this complaint, there remains an outstanding balance of $22, 318.41 due and payable to Plaintiff.
7. Plaintiff, through its authorized agent, delivered to SQUARE 1 notice pursuant to the
terms of the Lease demanding payment or possession of the Premises. A true and correct copy of said
notice is attached hereto as Composite Exhibit "B".
8. SQUARE 1 failed to pay the rent according to the terms of the notice.
9. All rents and charges will continue to accrue during the pendency of this suit and Plaintiff
claims these sums as additional damages due it.
10. Plaintiff has performed all conditions precedent to the institution of this suit to be
performed by the Plaintiff pursuant to the terms of the Lease.
11. Plaintiff has retained the undersigned attorneys and has agreed to pay them a reasonable
fee for their services in this matter and Plaintiff is entitled to attorneys fees pursuant to the Lease. In the
event a default is entered against the Defendant, Plaintiff shall request the sum of $1,500.00 be awarded
as attorney's fees.
12. Plaintiff requests this proceeding be handled under summary procedure.
WHEREFORE, Plaintiff demands judgment for possession, attorney’s fees and costs against
Defendants, SQUARE ONE WINTER PARK, LLC dba SQUARE 1 BURGERS & BAR.
/s Tara C. Early___________________
TARA C. EARLY, ESQ.
Florida Bar No. 0173355
GASDICK STANTON EARLY, P.A.
1601 W. Colonial Dr.
Orlando, FL 32804
Ph. (407) 423-5203; Fx. (407) 425-4105
Email: early@gse-law.com
Attorneys for Plaintiff

3. Lease Agreement
CORNER COMMONS AT WINTER PARK
By And Between
DESTINATION STUDIOS, LLC
As Landlord
And
SQUARE ONE WINTER PARK, LLC,
Trade Name: Square 1 Burgers & Bar
As Tenant
EXHIBIT "A"

4. TABLE OF CONTENTS
2 ARTICLE I: BASIC LEASE PROVISIONS AND DEFINITIONS ...........................................................................2
3 ARTICLE II: PREMISES ........................................................................................................................................5
4 Section 2.01. Premises.............................................................................................................................. 5
5 Section 2.02. Condition of the Premises...................................................................................................5
6 Section 2.03. Surrender of the Premises...................................................................................................5
7 ARTICLE Ill: TERM OF LEASE.............................................................................................................................6
8 Section 3.01 . Lease Term. ........................................................................................................................6
9 Section 3.02. Commencement of Lease Term ..........................................................................................6
10 Section 3.03. Holding Over........................................................................................................................6
11 Section 3.04. Option to Extend the Lease Term .......................................................................................6
12 ARTICLE IV: RENT................................................................................................................................................7
13 Section 4.01. Minimum Annual Rent. ........................................................................................................ 7
14 Section 4.02 Additional Rent. ....................................................................................................................7
15 Section 4.03. Interest, Late Charges and Returned Check Fees..............................................................7
16 Section 4.04. Trash Removal. ...................................................................................................................8
17 ARTICLE V: USE OF THE PREMISES .................................................................................................................8
18 Section 5.01 . Use of the Premises............................................................................................................8
19 Section 5.02. Restaurant Clause...............................................................................................................8
20 Section 5.03. General Prohibited Uses...................................................................................................1O
21 Section 5.04. Tenant's Operation of Business........................................................................................10
22 Section 5.05. Failure of Tenant to Operate Business.............................................................................. 10
23 Section 5.06. Rules and Regulations. ..................................................................................................... 11
24 Section 5.07. Quiel Enjoyment. ............................................................................................................... 11
25 Section 5.08. Environmental.................................................................................................................... 11
26 ARTICLE VI: TENANT'S CONSTRUCTION AND MAINTENANCE ...................................................................12
27 Section 6.01. Tenant's Plans and Specifications..................................................................................... 12
28 Section 6.02. Tenant's Construction, Installations and Alterations.........................................................12
29 Section 6.03. Signs, Awnings and Canopies........................................................................................... 13
30 Section 6.04. Laws, Waste or Nuisance.................................................................................................. 14
31 Section 6.05. Mechanic's Lien.................................................................................................................14
32 Section 6.06. Fire Hazards......................................................................................................................14
33 Section 6.07. Impact Fees. ........................................................................................................................14
34 ARTICLE VII: MAINTENANCE OF BUILDING; ACCESS TO PREMISES ........................................................14
35 Section 7.01. Repairs. ............................................................................................................................. 14
36 Section 7.02. Access to Premises.......................................................................................................... 15
37 Section 7.03. Tenant Remedy..................... ..................................................... .....................15
38 ARTICLE VIII: REAL ESTATE TAXES .............................................................................................................156
39 Section 8.01 . Real Estate Tax Percentage.............................................................................................. 16
40 Section 8.02. Taxes on Leasehold..........................................................................................................16
41 Section 8.03. Taxes on Rentals...............................................................................................................16
42 ARTICLE IX: COMMON AREAS AND FACILITIES............................................................................................16
43 Section 9.01 . Control of the Property and the Common Facilities by Landlord......................................16
44 Section 9.02. Operating Cost Percentage...............................................................................................17
45 Section 9.03. License..............................................................................................................................18
46 Section 9.04. Extended Hours Services..................................................................................................18

5. 2 Section 9.05. Security Officers. ...............................................................................................................18
3 ARTICLE X: UTILITIES........................................................................................................................................18
4 Section 10.01 . Utilities. ............................................................................................................................18
5 ARTICLE XI: ASSIGNMENT; SUBLEASE..........................................................................................................19
6 Section 11 .01 . Assignment or Subletting................................................................................................. 19
7 ARTICLE XII: RELOCATION............................................................................................................................... 21
8 Section 12.01. Relocation of the Premises. Intentionally Deleted .......................................................... 21
9 ARTICLE XIII: NOTICES...................................................................................................................................... 21
10 Section 13.01. Notices.............................................................................................................................21
11 ARTICLE XIV: INDEMNITY; PROPERTY AND LIABILITY INSURANCE.......................................................... 21
12 Section 14.01 . Indemnity. ........................................................................................................................ 21
13 Section 14.02. Insurance......................................................................................................................... 21
14 Section 14.03. Additional Insurance. .....................................................................................................22
15 Section 14.04. Increase in Insurance Premiums.....................................................................................22
16 Section 14.05. Waiver of Subrogation......................................................................................................22
17 Section 14.06. lnsured's Release............................................................................................................23
18 Section 14.07. Notice to Landlord . ..........................................................................................................23
19 ARTICLE XV: LIABILITY OF LANDLORD..........................................................................................................23
20 Section 15.01. Waiver of Liability............................................................................................................23
21 Section 15.02. Tenant's Risk of Loss......................................................................................................23
22 Section 15.03. No Partnership.................................................................................................................23
23 Section 15.04. Consent Clause. .............................................................................................................. 23
24 Section 15.05. Successors...................................................................................................................... 24
25 ARTICLE XVI: DAMAGE CLAUSE .....................................................................................................................24
26 Section 16.01 . Destruction. .....................................................................................................................24
27 ARTICLE XVII: CONDEMNATION ...................................................................................................................... 24
28 Section 17.01. Condemnation. ................................................................................................................24
29 ARTICLE XIII: SECURITY DEPOSIT ..................................................................................................................25
30 Section 18.01 . Security Deposit. .............................................................................................................25
31 ARTICLE XIX: PRIORITY OF LEASE ...............................................................................................................256
32 Section 19.01 . Subordination. Attornment, Power of Attorney..............................................................256
33 Section 19.02. Estoppel...........................................................................................................................26
34 Section 19.03. Recording. ....................................................................................................................... 26
35 ARTICLE XX: LANDLORD'S REMEDIES.........................................................................................................267
36 Section 20.01. Default. .......................................................................................................................... 267
37 Section 20.02. Landlord's Remedies....................................................................................................... 27
38 Section 20.03. Debtor-in-Possession...................................................................................................... 28
39 Section 20.04. Landlord Lien................................................................................................................... 28
40 Section 20.05. Redemption; Reinstatement. ...........................................................................................28
41 Section 20.06. Waiver of Trial by Jury.....................................................................................................28
42 Section 20.07. Accord and Satisfaction.................................................................................................289
4 3 Section 20.08. No Waiver........................................................................................................................29
44 Section 20.09. Merger. ............................................................................................................................ 29
45 Section 20.10. Legal Fees....................................................................................................................... 29
46 ARTICLE XXI: MISCELLANEOUS PROVISIONS ..............................................................................................29

6. 1
2 Section 21 .01 . Tenant Defined; Use of Pronoun..................................................................................... 29
3 Section 21.02. Delivery of Lease ............................................................................................................29
4 Section 21 .03. Entire Agreement.............................................................................................................30
5 Section 21.04. Partial Invalidity...............................................................................................................30
6 Section 21 .05. Applicable Law...............................................................................................................30
7 Section 21 .06. Rules of Construction......................................................................................................30
8 Section 21 .07. Brokerage Commission...................................................................................................30
9 Section 21.08. Force Majeure.................................................................................................................30
1O Section 21.09 Compliance with Anti-Terrorism, Embargo, Sanctions and Anti-Money Laundering Laws.
11 ..................................................................................................................................................................30
12 Section 21.10. Radon Gas......................................................................................................................30
13 Section 21 .11 . Consent Contingency. Intentionally Deleted...................................................................31
14 Section 21 .12. Exclusive Use..................................................................................................................31
15 Section 21 .13. Inspection Contingency. Intentionally Deleted. ...............................................................32
16 Section 21 .14. Other Contingencies.........................................................................................................32
17 Section 21.15. Counterparts.....................................................................................................................32
18

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Lease Agreement
This lease (the "Lease") is made and entered into the date set forth below by and between
DESTINATION STUDIOS, LLC, a Florida limited liability company, herein called "Landlord," and
SQUARE ONE WINTER PARK, LLC, a Florida limited liability company, herein called "Tenant."
In consideration of the mutual covenants contained herein, and other good and valuable
consideration, the sufficiency of which is hereby acknowledged, Landlord and Tenant, intending to be
legally bound hereby, agree with each other as follows:
ARTICLE I: BASIC LEASE PROVISIONS AND DEFINITIONS
Section 1.01. Basic Lease Provisions and Definitions.
Wherever used in this Lease, the following terms shall have the meanings indicated. Each reference in
this Lease to any of the Basic Lease Provisions in this Section 1.01 shall be deemed and construed to
incorporate all of the terms provided under such Basic Lease Provision, provided that the Basic Lease
Provisions shall be controlled by the specific terms and provisions of this Lease relating to the subject
matter of the Basic Lease Provision.
Date of Lease : ~0.11..ca. l0 ,2015
PROPERTY AND PREMISES
Property: The land and building owned by Landlord located at 900 South Orlando Avenue,
Winter Park, Florida 32789
Property Address: 900 South Orlando Avenue, Winter Park, Florida 32789
Building: The commercial building located on the Property.
Premises (See Section 2.01): Suite/Unit #900 in the Building with an approximate total rentable square
foot area of 5,000 square feet in the interior of the Building ("Rentable Square Feet") as depicted on
Exhibit A attached hereto and made a part hereof, with adjacent outdoor patio area of approximately
500 square feet for outdoor dining (which Tenant can use, but shall not be included in the size of space
for calculation of base rent purposes and shall be free of base rent charge). Interior demised premises
shall be provided with dimensions of approximately 85' depth west to east and 59' width north to south.
Adjacent outdoor patio area shall be made available to Tenant on north side of premises of
approximately 50' depth west to east and 10' width north to south. Approximate layout per Exhibit A
attached hereto. The Landlord's Architect shall provide final plans setting forth the total Rentable Square
Feet of the Premises (which shall be 5,000 Rentable Square Feet, plus or minus 3%) which square
footage shall be deemed conclusive for determining the Tenant's operating cost percentage unless
patently incorrect.
Landlord's Address for Notices:
LANDLORD TENANT
Destination Studios, LLC
1701 Stetson Court
Longwood Florida, 32779
Attn: Andre Raab
Phone: (407) 547-7792
Email: Andre.Raab@DestinationStudios.us
With a copy to:
Gasdick Stanton & Early, P.A.
390 N. Orange Avenue, Annex Suite 260
Orlando, Florida 32801
Attn: Michael J. Gasdick, Esq.
Phone: (407) 423-5203
Email: mick@gse-law.com
Tenant's Name and Billing Address: Square One Winter Park, LLC
704 West Bay St.
Tampa, FL 33606
Attn: Raymond P. Leich
C:Users~gordonVppDalaLocanMicrosoltWindowsTemporary Internet FilesContenl.Outlool<IR12F1TDOExecution Draft 06042015 (2).docx

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Trade Name (See Section 5.01 ):
With a copy to:
McNamara &Carver
2907 Bay to Bay Blvd., Ste. 201
Tampa, FL 33629
Attn: Charles Carver
Square 1 Burgers & Bar
GUARANTY
As inducement to Landlord consenting to and executing this Lease and as a specific condition hereof,
Square One Development, LLC, a Florida limited liability company ("Corporate Guarantor") and Ray
Leich, an individual; and Joanie Corneil, an individual, (collectively "Individual Guarantors") shall
execute an unconditional guaranty in the forms attached hereto as Exhibit G and Exhibit G-1,
respectively, simultaneously with the execution of the Lease by Tenant. Corporate Guarantor for the
entire initial ten (10) years of the Lease Term. Individual Guarantor, Ray Leich, for a period of five (5)
years from Lease Commencement Date then converting to a one (1) year rolling guaranty through
completion of the initial Lease Term. Individual Guarantor, Joanie Corneil, for a period of five (5) years
from Lease Commencement Date.
Corporate Guarantors' Name
and Address for Notices:
Individual Guarantors' Name
and Address for Notices:
Square One Development, LLC
704 West Bay Street
Tampa, Florida 33606
Attn: Raymond P. Leich
Phone: 813-902-2100
Email: rleich@sq1bb.com
Ray Leich
704 West Bay Street
Tampa, Florida 33606
Joanie Corneil
704 West Bay Street
Tampa, Florida 33606
PERMITTED USE (SEE SECTION 5.01)
Subject to the existing tenant exclusive uses and restrictions affecting the Property set forth in Exhibit F
attached hereto, Tenant may use the Premises for the operation of a full service restaurant and bar,
serving alcohol, beer and wine, open for lunch and dinner and serving a variety of menu items, including
but not limited to, burgers, sandwiches, soups and salads, and for the sales of related items and
accessories related to the foregoing. Permitted seats not to exceed a total of one hundred and fifty (150)
whether located inside or outside of tenant space in outdoor patio area. Tenant shall not use the
Premises, or permit the use thereof, for any other use or purpose.
LEASE TERM
Lease Term: The Lease Term shall be ten (10) years beginning on the Commencement Date.
Delivery Date: The Delivery Date shall be upon Landlord turnover, with all Landlord's Work complete.
Commencement Date: The Lease Term and Tenant's obligations to pay Minimum Annual Rent as set
forth below shall commence earlier upon one hundred and fifty (150) days following the Delivery Date or
opening for business. Tenant shall be allowed to start "early construction" in the Premises, if allowable by
code and deemed safe by the Landlord's General Contractor, during Landlord's Work period. This early
construction time shall not be part of the Rent Commencement Date calculation.
Anticipated Delivery Date: The parties anticipate the Delivery date will be on or before July 30, 2015.
Tenant shall take possession of the Premises on the Delivery Date. If Premises have not been delivered
to Tenant within ninety (90) days of Delivery Date, Tenant shall receive one (1) day free rent for each one
(1) day delay of delivery after aforementioned ninety (90) days. If delay of delivery extends beyond one
hundred and eighty (180) days of aforementioned ninety (90) days, then Tenant may cancel this Lease.
Expiration Date: The last day of the final calendar month of the Lease Term. The Lease shall end on the
Expiration Date, unless sooner terminated as otherwise provided herein.
Option Term: There shall be two (2) five (5) year Option Terms. The Option Terms shall commence on
the day immediately following the last day of the prior Lease Term or Option Term and shall terminate on
the last day of the last calendar month in the Option Term.

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Exercise of Option Term: Tenant must notify Landlord of its election to exercise the Option Term by
written notice given no later than one hundred eighty (180) days prior to the last day of the then current
Lease Term or Option Term.
Minimum Annual Rent (See Section 4.01): $38.50 per square foot per year from the Commencement
Date through the expiration of the fifth (5th) Lease Year (as defined below); $42.50 per square foot per
year from the sixth (6th) Lease Year through the expiration of the tenth (1 0th) Lease Year. Based on the
estimated 5,000 square feet, the Minimum Annual Rent for the first Lease Year is estimated to be
$192,500.
Minimum Annual Rent - Option Terms: $46.50 per square foot per year from the commencement of
the eleventh (11th) Lease Year through to the last day of the fifteenth (15th) Lease Year. $51 .50 per
square foot per year from the commencement of the sixteenth (16th) Lease Year through the last day of
the twentieth (20th) Lease Year.
Late Fee on Late Payments (See Section 4.03): Five cents ($0.05) for each dollar overdue more than
five (5) days.
Interest on Late Payments (See Section 4.03): The lesser of: (i) four percent (4%) per annum above
the prime rate published in The Wall Street Journal; or (ii) the highest lawful rate of interest permitted at
the time in the State of Florida for each dollar overdue more than five (5) days calculated as of the due
date ("Default Interest Rate").
Late Payment: Any payment not made within five (5) business days after its due date.
ADDITIONAL RENT
Security Deposit (See Section 18.01): One (1 ) month's gross rent to be paid at Lease execution.
First Month's Rent Prepayment (See Section 4.01(b)): One (1) month's gross rent plus applicable
Additional Rent, plus applicable sales tax to be paid at Lease execution.
Tax on Rentals (See Section 8.03): All amounts provided for in this Article I are before taxes. Tenant
shall be responsible for paying sales tax on all rental charges, as required by the State of Florida,
currently six and a half percent (6.5%) in Orange County, such sales tax shall be paid by Tenant as
Additional Rent unless specifically stated to the contrary.
Operating Cost Percentage (See Section 9.02): Tenant's proportionate share of the operating cost of
the Property determined by dividing the Rentable Square Feet of the Premises (5,000 ± 3%) by the
rentable area of the Building (±10,350) which equals± 48.31 percent.
Real Estate Tax Percentage (See Section 8.01): Tenant's proportionate share of the real estate taxes
on the Property determined in the same manner as the Operating Cost Percentage.
MISCELLANEOUS
Tenanfs Insurance Requirements (See Article XIV):
Commercial General Liability: $1,000,000.00 per occurrence; $3,000,000.00 in the aggregate.
Personal Property: Full Replacement
Other: Plate glass and, if applicable, liquor liability (to be covered underTenant's general liability
insurance).
Additional Insured: Tenant's insurance and insurance certificates shall name Landlord, and as
Landlord directs, its ground lessors, lenders, affiliates and managers, as additional insureds on a primary
basis under all policies providing the coverages required of Tenant in the Lease.
Broker (See Section 21.07): Tenant's Broker:
Colliers International Central Florida
622 E. Washington Street, Suite 300
Orlando, Florida 32801
Attn: Scott D. Corbin/Antonino Poma
Phone: (407) 362-6164
Email: Scott.Corbin@Co!l;ers.com

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Landlord's Broker:
Liberty Universal Management, Inc.
314 E. Anderson Street
Orlando, Florida 32801
Attn: Janet Galvin
Phone:(407) 426-2300
Email: Janetgalvin@LibertyUM.com
Signs: Tenant may install, subject to Landlord's prior approval, its standard signage on the far;:ade(s) of
the space in its standard color at the maximum letter height and sign size permitted by applicable law.
Tenant shall diligently pursue all applicable permits and approvals necessary for installation of Tenant's
signage. Tenant shall be allowed to use, subject to Landlord's prior approval, not more than fifty percent
(50%) of the available display space of any planned future monument or pylon sign for the extent of the
Lease Term including Option Terms. Drawings and specifications shall be completed in accordance with
Section 6.03 and Exhibit D.
Landlord's Work (See Section 2.02): Landlord's Work, if any, shall be as set forth on Exhibit B
attached hereto and made a part hereof.
Tenant's Improvement Allowance: Landlord shall provide a Tenant Improvement Allowance in the
amount of $30.00 per rentable square foot to be paid as follows: within thirty (30) days of: (a) fifty percent
(50%) upon Tenant's receipt of a certificate of occupancy, and (b) fifty percent (50%) upon delivery of
final lien waivers related to Tenant's Work and Tenant's Affidavit of Payment of Debts and Claims, in the
form set forth as Exhibit "H". The Tenant Improvement Allowance shall only be used to pay the costs of
the Tenant's Work, excluding soft costs and removable fixtures, furniture and equipment. See Landlord's
and Tenant's Work Schedule attached as Exhibit B.
ARTICLE II: PREMISES
Section 2.01 . Premises.
(a) The Premises is located in the Building on the Property, and adjoining patio per Exhibit
A.
(b) Landlord, in consideration of the rents to be paid and the covenants to be performed by
Tenant, hereby leases the Premises to Tenant, and Tenant hereby leases the Premises from Landlord,
for the Lease Term. All measurements of the Premises are made from the outside of exterior walls and
from the center of interior walls. Landlord reserves the right to change the name of the Building at any
time in its sole discretion. Landlord shall use reasonable efforts to notify Tenant of any change to the
name of the Building.
(c) It is expressly agreed that nothing contained in this Lease shall be construed as a grant or
rental of (and the Premises shall not include) (i) any space above the finished ceiling of the Premises (or,
if none, above the bottom edge of the framework supporting the roof), (ii) any rights in the roof or exterior
of the Building, except as expressly set forth herein, (iii) the space below the finished floor of the
Premises or (iv) the land upon which the Premises is located.
Section 2.02. Condition of the Premises.
Tenant acknowledges that it is familiar with the Premises and except as specifically set forth herein to the
contrary, there is no work of any sort to be performed by Landlord and no representation or warranty by
Landlord as to the fitness of the Premises, or any equipment servicing the Premises, or as to any use
permitted herein. Landlord warrants that (a) the Building in which the Premises are located will meet all
local codes at the time of delivery of the Premises, and (b) at the time of delivery of the Premises, the
mechanical, HVAC, electrical and plumbing systems shall be new and/or in good working order. Any and
all work to the Premises necessary for Tenant to open and operate its business in accordance with the
terms of this Lease (the 'Tenant's Work") shall be Tenant's obligation to perform at Tenant's sole cost
and expense. Tenant will indemnify and defend Landlord and save it harmless from and against any and
all claims, actions, suits at law or equity, judgments, expenses, costs, liabilities, fines and debts in
connection with any injury, loss or damage arising from the Tenant's Work except to the extent caused by
Landlord's or Landlord's agents' gross negligence or willful misconduct.
Section 2.03. Surrender of the Premises.
At the Expiration Date or upon the earlier termination of this Lease in accordance with the terms and
provisions hereof, Tenant shall quit and surrender the Premises in "broom clean" condition, reasonable
wear and tear excepted, and shall surrender all keys for the Premises to the Landlord and shall inform
the Landlord of all combinations of locks, safes and vaults, if any, in the Premises. Any alterations,
additions, improvements and fixtures paid for by Tenant or installed by Tenant upon the interior or
exterior of the Premises (whether or not approved by Landlord), other than trade fixtures and
decorations, shall at the Expiration Date or upon the earlier termination of this Lease in accordance with
the terms and provisions hereof, become the property of Landlord. Provided that the Tenant is not in
default of the Lease, the Tenant shall have the right to remove its trade fixtures from the Premises,

11. 1 provided the Tenant repairs any damages to the Premises caused by such removal. Should Tenant
2 desire to leave any personal property in the Premises, it shall request permission in writing from
3 Landlord, describing such property, not less than thirty (30) days prior to such surrender; and absent
4 such permission in writing, all such property shall be removed by Tenant. Tenant's obligation to observe
5 or perform the covenants contained in this Section shall survive the expiration or earlier termination of the
6 Lease Term. If any removal or remediation activities need to occur subsequent to the Expiration Date or
7 the earlier termination of this Lease, Tenant shall be deemed a holdover Tenant and Landlord shall be
8 entitled to holdover rent and shall have all other remedies available at law or in equity.
9 ARTICLE Ill: TERM OF LEASE
10
11 Section 3.01. Lease Term.
12
13 The Lease Term shall be for the period set forth in Section 1.01, unless sooner terminated in accordance
14 with the terms and provisions of this Lease. "Lease Year'' shall mean the twelve (12) consecutive
15 calendar months commencing with the first day of the first full calendar month of the Lease Term, and
16 thereafter with each succeeding anniversary thereof. If the Commencement Date is other than the first
17 day of a calendar month, the first Lease Year shall include the period from the Commencement Date
18 through the end of the month in which the Commencement Date occurs. If the Commencement Date
19 has not occurred within two (2) years after the date of execution of this Lease, then this Lease may be
20 terminated by either party hereto at any time thereafter prior to the occurrence of the Commencement
21 Date by written notice given to the other and thereafter neither party hereto shall be obligated or liable to
22 the other under this Lease.
23
24 Section 3.02. Commencement of Lease Term.
25
26 (a) The Lease Term, and Tenant's obligation to pay Minimum Annual Rent and all other
27 components of "Rent" (as defined in Section 4.09) that have not yet begun shall commence on the
28 Commencement Date and shall expire on the Expiration Date, as such terms are defined in Section 1.01.
29
30 (b) The parties hereby acknowledge that certain obligations under various Articles herein
31 shall commence prior to the Commencement Date including, but not limited to, Tenant's obligations to
32 take possession and construct the Premises, to obtain insurance, to indemnify Landlord, to waive certain
33 Landlord liability and to pay for all utilities; and the parties agree to be bound by all of such obligations
34 from and after the date of this Lease.
35
36 (c) Except as set forth in Sections 1.01 or 3.01 , Landlord shall not under any circumstances
37 be subject to any liability whatsoever to Tenant, and Tenant shall not under any circumstances be
38 entitled to rescind or terminate this Lease, for any delay in Landlord's delivery of the Premises to Tenant.
39
40 Section 3.03. Holding Over.
41
42 Tenant shall not have the right to remain in possession of the Premises after either the Expiration Date or
43 the earlier termination of the Lease without having first received Landlord's written consent. If Tenant
44 remains in possession of the Premises thereafter without Landlord's consent, such possession shall be a
45 default under the Lease and Tenant shall be deemed a holdover tenant on the following terms and
46 conditions: Tenant's use and occupancy of the Premises shall be at a rate equal to 150% of the total of
47 the Minimum Annual Rent as was due during the final month of the Lease Term plus all Additional Rent
48 due in accordance with the terms of the Lease calculated on a per diem basis; Tenant shall be fully
49 obligated to perform all of the terms and conditions contained in the Lease except as expressly modified
50 by this paragraph; Landlord shall not be obligated or liable to Tenant for any failure to perform under the
51 Lease; and Tenant shall not be deemed a "month-to-month" tenant. Tenant's failure to pay for its use
52 and occupancy at the rate set forth above shall be a default under the Lease granting Landlord all rights
53 available to it at law and at equity as well as under the provisions of Article XXL If Tenant has remained
54 in possession of the Premises after the Expiration Date or earlier termination of the Lease, Tenant shall
55 vacate and surrender the Premises to Landlord within three (3) days after written notice to Tenant. The
56 provisions of this Section 3.03 shall survive the expiration of the Lease Term or the earlier termination of
57 the Lease.
58
59 Section 3.04. Option to Extend the Lease Term
60
61 Tenant shall have the right and option to extend the Lease Term upon the same terms and conditions,
62 except as to Rent which shall be as set forth in Section 1.01 and except that Tenant shall have no further
63 option to extend the Lease Term, for the option terms set forth in Section 1.01 under Option Term (the
64 "Option Term"), provided that at such time the option is exercised, Tenant is open and operating a
65 business at the Premises in compliance with the Permitted Use and Tenant is not in default under this
66 Lease. The Tenant shall exercise its right and option to extend the Lease Term by serving written notice
67 upon Landlord of its election to exercise said option as provided in Section 1.01 under Exercise of Option
68 Term. In the event Tenant does not timely exercise its option for extension of the Lease as provided
69 above, or is in default under this Lease beyond any applicable notice and cure period at the time of such
70 exercise, then, in such event, Tenant shall have no right to the Option Term and the exercise of said
71 option shall be null and void and of no further force or effect. If Tenant does not timely exercise such

12. 1 option, Landlord may act in reliance on such election not being exercised by the time period set forth
2 above, and Tenant hereby waives any claim or right to invoke or exercise such election after the above
3 prescribed time period. Time shall be of the essence with respect to Tenant's exercise of said extension
4 option.
5 ARTICLE IV: RENT
6
7 Section 4.01. Minimum Annual Rent.
8
9 (a} Tenant hereby covenants and agrees to pay to Landlord the Minimum Annual Rent set
10 forth in Section 1.01, without any prior demand therefor and without any offset or deduction whatsoever,
11 in equal monthly installments on or before the first day of each month during the Lease Term, in advance,
12 at the address set forth in Section 1.01 or at such other place designated by Landlord. All Rent shall be
13 prorated for any partial month at the beginning or end of the Lease Term.
14
15 (b} First Month's Rent Prepayment. At the execution of the Lease Tenant shall prepay the
16 first month's rent ($16,041.67) plus estimated monthly operating costs ($1,991.67) plus estimated Real
17 Estate Tax Percentage ($1,341.67) plus applicable sales tax ($1,259.38) for a total of $20,634.39.
18
19 Section 4.02 Additional Rent.
20
21 (a} In addition to Minimum Annual Rent, all other payments to be made by Tenant to
22 Landlord shall be deemed to be, and shall become, additional rent hereunder ("Additional Rent"},
23 whether or not the same be designated as such. Unless otherwise provided elsewhere in this Lease,
24 Additional Rent shall be due and payable upon the earlier of ten (1O} days after demand is made therefor
25 or together with the next succeeding installment of Minimum Annual Rent. Landlord shall have the same
26 remedies for failure to pay Additional Rent as for a non-payment of Minimum Annual Rent.
27
28 (b} Three (3) months prior to the Expiration Date, Landlord shall have the right to calculate
29 and render estimated bills to Tenant for all Additional Rent charges accruing through the Expiration Date,
30 and Tenant shall pay same promptly upon receipt of said bills. Within one (1) month after the calculation
31 of the actual amounts due for the Additional Rent charges estimated hereunder (but in no event later then
32 the first anniversary of the Expiration Date}, Landlord and Tenant shall make appropriate adjustments of
33 such estimated payments and the party owing money shall remit same to the other party within ten (10}
34 days of the submission by Landlord to Tenant of said final calculation. The provisions of this paragraph
35 shall supersede any inconsistent provisions of this Lease to the contrary and shall survive the expiration
36 or earlier termination of this Lease.
37
38 (c} As used herein, "Rent" shall mean Minimum Annual Rent and Additional Rent, individually
39 or in the aggregate.
40
41 (d} Tenant's obligation to pay any and all Rent under this Lease shall continue and shall
42 cover all periods up to and through the Expiration Date. Tenant's obligation to pay any and all Rent
43 under this Lease shall survive any expiration or termination of this Lease.
44
45 (e} Unless otherwise specifically stated herein or except as otherwise directed by written
46 notice from Landlord or to such other address as to which Landlord has given Tenant written notice, all
47 payments of Rent shall be made to Landlord at the address noted in Section 1.01 for rent payments or to
48 such other address as to which Landlord has given Tenant written notice. Periodically during the Lease
49 Term, Landlord may assign to Tenant a "tenant number" or "lease number" or other similar identifying
50 number. Tenant shall note such identifying number on all checks delivered in payment of Rent.
51
52 (f) Tenant shall have one (1) year from the receipt of any statement from Landlord including,
53 by way of example and not by way of limitation, annual Real Estate Tax statements and annual
54 Operating Costs statements, within which to object to the statement in whole or in part. Tenant waives
55 any right it may have to dispute any statement after such year and waives any right to make any claims
56 against Landlord for any errors not disputed within such year. Landlord agrees to keep, at its CPA's
57 office, records relating to the Real Estate Tax and Operating Costs. Tenant shall have the right to audit
58 said records for the sole purpose of ascertaining the correctness of the Real Estate Tax and Operating
59 Costs. Such audit shall be performed during normal business hours; shall not unreasonably interfere
60 with Landlord's CPA's office operations; shall be performed by Tenant or Tenant's chief financial officer
61 or accountant; shall not be made more often than once during each calendar year; and, shall be limited
62 to the records for the preceding calendar year. If any such audit shows the amount of such Real Estate
63 Tax and Operating Costs charges to Tenant was overstated by more than three percent (3%} for any
64 calendar year, the Landlord (in addition to refunding any such overcharge) shall pay to Tenant the
65 reasonable cost of said audit.
66
67 Section 4.03. Interest, Late Charges and Returned Check Fees.
68
69 (a} If any check from Tenant delivered in full or partial payment of any amounts due
70 hereunder is not honored because of insufficient funds, uncollected funds, or any other reason, Tenant
71 shall pay to Landlord an administrative charge of Fifty Dollars ($50.00} per dishonored check and, at

13. 1 Landlord's option, all subsequent payments due from Tenant hereunder shall be made by cash. bank
2 draft, certified check, money order or electronic funds transfer directly to the order of Landlord, its
3 managing agent or designee.
4
5 (b) Jn the event of a late payment, as defined in Section 1.01, then a late fee in the amount
6 set forth in Section 1.01 shall become immediately due to Landlord. as liquidated damages for failure to
7 make timely payment. Said late fee shall be Additional Rent and shall be payable together with the next
8 installment of Minimum Annual Rent.
9
10 (c) All late payments shall bear interest at the rate set forth in Section 1.01 until received by
11 Landlord in readily available funds. Said interest shall be Additional Rent and shall be payable together
12 with the next installment of Minimum Annual Rent.
13
14 Section 4.04. Trash Removal.
15
16 Tenant shall pay as part of its Operating Costs Percentage the Landlord's cost of removal of garbage or
17 refuse from the Premises, which service shall be obtained by Landlord.
18 ARTICLE V: USE OF THE PREMISES
19
20 Section 5.01. Use of the Premises.
21
22 (a) Tenant shall use and operate the Premises solely for the Permitted Use set forth in
23 Section 1.01, only under the trade name set forth in Section 1.01 hereof and in full compliance with all
24 governmental rules, regulations and requirements including, without limitation. obtaining and maintaining
25 any and all licenses, permits and approvals necessary for the operation of Tenant's business at the
26 Premises. Tenant shall not use, or permit the use, of the Premises for any other use or purpose
27 whatsoever and shall not operate its business at the Premises, or permit any operation, under any other
28 trade name whatsoever.
29
30 (b) The Permitted Use, as set forth in Section 1.01 hereof, setting forth the nature of the
31 business to be conducted by Tenant in the Premises shall not be deemed or construed to constitute a
32 representation or warranty by Landlord that such business may be conducted in the Premises, or is
33 lawful or permissible under the certificate of occupancy, if any, issued for the building of which the
34 Premises forms a part, or is otherwise permitted by law.
35
36 (c) In consideration of the Rent, and the covenants and agreements contained herein,
37 Landlord leases the Premises to Tenant, and Tenant hereby rents it, so that Tenant may operate a
38 business at the Premises in accordance with the Permitted Use. Tenant covenants and agrees that it
39 shall operate its business only in accordance with the Permitted Use and without creating any nuisances
40 and that Tenant's use of the Premises is in all events subject to: the Lease terms and conditions; the
41 public restrictions affecting Landlord or the Property, any mortgages, ground leases of record; and all
42 applicable governmental rules and regulations.
43
44 Section 5.02. Restaurant Clause.
45
46 (a) Tenant acknowledges and agrees that the nature of Tenant's Permitted Use under
47 Section 5.01, i.e. serving food and beverages, could pose particular potential dangers to the sewage
48 disposal and drainage system serving the Property and the surrounding community. Landlord shall
49 install a grease trap to serve only the Premises. Landlord shall install the grease trap pursuant to
50 applicable code and shall be responsible for any warranty issues regarding the installation. Tenant shall
51 be responsible for the care, maintenance, pumping and operation of the grease trap serving the Premise
52 from the Delivery Date. The Tenant shall pump and clean the grease trap periodically (on a monthly or as
53 needed basis) Tenant shall inspect the grease trap regularly Tenant shall be responsible for any damage
54 or claims arising from the failure to comply with its obligations.
55
56 (b) If there is an existing soil pipe and it is overloaded by Tenant's discharge, then, if required
57 by code Tenant shall be required to promptly commence and diligently proceed to install another drain
58 line at Landlord's request. If there is no soil pipe, Tenant shall install any such plumbing required to
59 utilize the Premises for its Permitted Use.
60
61 (c) (i) Subject to: (A) any law, rule or regulation of any governmental authority having
62 jurisdiction, including those of any federal, state, county or municipal entity, agency, department or
63 official or (B) in the event that Tenant engages in the preparation of food using a grill or a deep fryer:
64 Tenant shall maintain, at Tenant's sole expense throughout the Lease Term, a contract with a service
65 company which shall be approved by Landlord, to maintain and clean out all grease traps and exhaust
66 fans located in, on or about the Premises at intervals of not less than once every other week.
67 Additionally, Tenant shall have all hood and duct systems cleaned (including rooftop grease collection
68 and containment system), serviced and inspected not less than once every six (6) months. After each
69 such service inspection, Tenant shall have said service company provide Landlord with an instrument
70 certifying such cleaning and maintenance has been completed, and that all systems are in good working
71 order. Should Tenant fail to comply with the above, Landlord shall have the right following notice to

14. 1 contract with a service company of Landlord's choice and to enter the Premises for the purpose of
2 performing said maintenance, cleaning and inspection. Tenant shall promptly reimburse Landlord for its
3 expenses therefore, including overhead and supervision, as Additional Rent.
4
5 (ii) If Tenant prepares fried foods and if required by applicable code, Tenant, at its
6 sole cost and expense, shall install a rooftop mounted grease guard system around exhaust fan curbs to
7 prevent grease and oil from covering and/or infiltrating rooftop systems. Said device shall be a
8 minimum of four inches (4") deep and shall be cleaned and routinely serviced a minimum of two (2)
9 times per year by a professional contractor hired by Tenant. Tenant shall provide to Landlord evidence
1O of a service contract with such contractor for the foregoing required routine maintenance.
11
12 (d) Should any of said sewage disposal and drainage, grease trap, exhaust fans and/or
13 hood, rooftop grease trap collection and containment system and duct systems (if present at the
14 Premises) be determined by any applicable code governing such system to be in need of repair or
15 replacement, Tenant shall repair or replace said sewage disposal and drainage, grease trap, exhaust
16 fans and/or hood and duct systems, at Tenant's sole expense. Should Tenant fail to repair or replace
17 same, Landlord shall have the right to contract for the repair or replacement and to enter the Premises
18 for those purposes. Tenant shall promptly reimburse Landlord for its expenses therefore, including
19 overhead and supervision, as Additional Rent.
20
21 (e) Tenant shall maintain the Premises, at Tenant's sole cost and expense, in a clean,
22 orderly and sanitary condition free of insects, rodents, vermin and other pests. On or before the
23 Commencement Date, Tenant shall deliver to Landlord evidence of a pest control contract with a
24 reputable exterminating company, providing for routine examinations and necessary treatments of the
25 Premises no less than two (2) times annually, and as periodically needed. New or renewal contracts
26 shall be delivered by Tenant to Landlord at least twenty (20) days before the expiration date or sooner
27 termination thereof.
28
29 (f) Tenant, at Tenant's sole cost and expense, shall arrange for trash removal from the
30 Premises on a daily basis to an assigned dumpster provided by Landlord. All trash shall be placed in
31 containers approved by Landlord as to placement and size of containers. Tenant shall be required to
32 remove all trash that emanates from Tenant's Premises from any of the Common Facilities of the
33 Property located within a fifty foot (50') radius of the Premises at least twice daily. In addition, Tenant
34 shall install, at its sole cost and expense and with Landlord's prior written approval as to design and
35 finish, on all sides of Premises, trash receptacles of sufficient size to accommodate all of the containers,
36 straws, paper plates, etc., used or consumed by patrons of Tenant's business.
37
38 (g) If any system or equipment is installed without Landlord's prior written consent and
39 approval or is not installed in accordance with Landlord's approved plans, within thirty (30) days of
40 Landlord's notice to do so, Tenant shall remove any such installations or make the required changes so
41 that the system shall be in accordance with the approved plans. If Tenant does not make such
42 changes, within the aforesaid thirty (30) day period, Landlord's contractor may do so at Tenant's
43 expense plus a twenty percent (20%) administrative fee, in addition to all other rights and remedies of
44 Landlord.
45
46 (h) After installation, if any system or equipment creates a nuisance or a hazard (including,
47 without limitation, odors, leaks, temperature changes and noise) within the Premises or in any adjacent
48 premises or Common Facilities, Tenant shall do whatever work is required by Landlord to correct the
49 nuisance and/or hazards within thirty (30) days of Landlord's notice; otherwise, Landlord may perform
50 such work at Tenant's expense plus a twenty percent (20%) administrative fee, in addition to all other
51 rights and remedies of Landlord.
52
53 (i) Landlord, in Landlord's reasonable discretion and following one alcohol intoxication-
54 related security incident that could have been prevented by security measures, including, but not limited
55 to hiring security personnel. may require Tenant, at Tenant's sole cost and expense, to hire security
56 personnel ("Security") to ensure quiet and peaceful patronage of Tenant's Premises. In such event,
57 Landlord shall provide Tenant with written notice directing Tenant to hire Security, beginning the evening
58 of the date immediately following the date Tenant receives such written notice from Landlord and ending
59 on the date when Landlord believes Security is no longer necessary or appropriate, which ending date
60 Landlord shall provide Tenant in writing. In the event Tenant fails to hire Security after Landlord's written
61 request, Landlord, on Tenant's behalf, may hire Security, in which case Landlord shall bill Tenant the cost
62 of such Security plus administrative costs of Landlord in a sum equal to twenty percent (20%) of such
63 Security costs, and Tenant shall promptly pay such bill (no later than ten (10) days after receipt from
64 Landlord. Landlord's bill for the Security costs shall be conclusive evidence of same. Additionally,
65 Tenant agrees to pay to Landlord any and all additional cost which Landlord may incur due to vandalism,
66 cleaning, lighting, security or any other expense attributable in any way to Tenant's use and/or occupancy
67 of the Premises. Landlord from time to time shall notify Tenant in writing of the need for such additional
68 cost with an accompanying bill and Tenant shall promptly pay such bill (no later than ten (10) days after
69 receipt of the bill. Landlord's bill for such additional cost shall be conclusive evidence of same.
70
71 In addition to (and not in lieu of) all other insurance policies required in this Lease, Tenant, at Tenant's
72 sole cost and expense, shall obtain and thereafter maintain at all times during the term of the Lease, a

15. 1 policy or policies of liquor law legal liability insurance and Dram Shop liability insurance satisfactory to
2 Landlord. Such policy or policies of insurance shall have a minimum combined single limit per
3 occurrence in amounts reasonably acceptable to Landlord, but not less than $1,000,000, shall apply to
4 bodily injury, fatal or nonfatal; injury to means of support; and injury to property of any person. Such
5 policy or policies may be covered under Tenant's general liability insurance.
6
7 0) Any breach of any of the foregoing by Tenant shall be a material default hereunder in
8 accordance with Section 20.1 in respect of which Landlord may exercise any or all rights and remedies
9 provided in this Lease including, without limitation, the right to terminate this Lease.
10
11 Section 5.03. General Prohibited Uses.
12
13 Tenant shall not use the Premises or permit the Premises to be used (i) for any purpose or in any manner
14 that violates any legal requirement and/or the requirements of the insurance underwriter(s) of the
15 Property; (ii) for the sale, rental or display of drug paraphernalia, or any goods and/or services that, in the
16 sole and absolute discretion of Landlord, are inconsistent with the image of a community or family-
17 oriented center; (iii) as a massage parlor, adult bookstore or second-hand store; (iv) to operate any video,
18 pinball or other gaming machines; (v) to keep live animals of any kind unless otherwise permitted by this
19 Lease; (vi) to sell any irregular merchandise or "seconds" unless such merchandise is so advertised and
20 marked; (vii) to conduct a "discount operation" or to advertise or permit anything to be done that will
21 categorize Tenant's business as a "discount operation" unless specifically permitted to the contrary in
22 Tenant's Permitted Use or (viii) for the conducting of any fire, auction, bankruptcy, "going-out-of
23 business", "lost-our-lease" or other similar sales. Tenant shall keep the Premises, and every part thereof,
24 in a clean and wholesome condition, free from any objectionable noises, loud music, odors or nuisances.
25 In no event may Tenant, or any party using or occupying the Premises by or through Tenant, use the
26 Premises in violation of the provisions of Exhibit C, attached hereto and made a part hereof.
27
28 Tenant shall not perform any acts or carry on any practice which may be a nuisance or disturbance to
29 other tenants and business invitees or the general public. In the event Landlord, in Landlord's
30 reasonable discretion, believes that Tenant's business operation is producing noise and/or vibrations
31 which may be a nuisance and/or disturbance to other tenants and business invitees or the general public,
32 then upon written notice from Landlord Tenant shall promptly: (i) install sound and vibration attenuation
33 countermeasures, such as insulating the walls and installing a rubberized floor mat and (ii) comply with all
34 other recommendations of Landlord. In the event Tenant fails to perform the actions required by
35 Landlord in Landlord's notice, Landlord may (but shall not be required to) install the sound and vibration
36 attenuation countermeasures and upon completion of such work and presentation of a bill therefore,
37 Tenant shall promptly pay Landlord's cost for such work plus twenty (20%) percent for overhead and
38 supervision, as Additional Rent. In the event such sound and vibration attenuation countermeasures
39 (whether installed by or at the direction of Tenant or Landlord) do not adequately resolve the nuisance or
40 disturbance caused by Tenant's business operation, Tenant, upon written notice from Landlord, shall
41 immediately cease the activities causing the nuisance or disturbance.
42
43 Section 5.04. Tenant's Operation of Business.
44
45 (a) Tenant shall continuously operate and keep open to the public one hundred percent
46 (100%) of the Premises during the entire Lease Term. Tenant shall conduct its business in the Premises
47 in a manner typical for such type of business in the city or trade area in which the Property is located.
48 Notwithstanding the foregoing, Tenant shall have the right, subject to Landlord's prior written approval
49 which approval will not be unreasonably withheld, to cease its business operations within the Premises
50 for one (1) thirty (30) day period no more frequently than every five (5) years in order to refurbish and/or
51 remodel the Premises.
52
53 (b) Tenant will keep the Premises open for business a minimum of seventy-seven (77)
54 commercially reasonable hours per week. Notwithstanding the foregoing to the contrary, Tenant will not
55 be required to open for business in the Premises Thanksgiving Day, Christmas Day, New Year's Day or
56 Easter Sunday.
57
58 (c) Tenant shall refer to the Property by its name, Corner Commons at Winter Park, in all
59 advertising by Tenant.
60
61 Section 5.05. Failure of Tenant to Operate Business.
62
63 Except where the Premises are untenantable by reason of fire, casualty or causes beyond Tenant's
64 control not resulting from the negligent act or omission to act of Tenant, its servants, agents, employees,
65 invitees, licensees and concessionaires and without limiting any other rights or remedies which may be
66 available to Landlord, if Tenant (i) fails to take possession of the Premises on the Delivery Date; (ii) fails
67 to commence Tenant's Work, as hereafter defined, within ten (10) days after Tenant's receipt of all
68 permits and approvals therefore or fails to prosecute Tenant's Work diligently and continuously to
69 completion; (iii) vacates, abandons or deserts the Premises; or (iv) ceases operating its business in the
70 Premises then, in any such event, Landlord shall have all remedies herein provided.
71
72

16. 1 Section 5.06. Rules and Regulations.
2
3 Tenant agrees to abide by the rules and regulations of the Property, attached hereto and made a part
4 hereof as Exhibit C. Landlord may, from time to time, reasonably amend or add to the rules and
5 regulations for the use and care of the Property, and Tenant agrees to comply with such amendments or
6 additions immediately upon receipt of notice thereof, provided same do not unreasonably interfere with
7 Tenant's normal operation of its business in the Premises.
8
9 Section 5.07. Quiet Enjoyment.
10
11 Tenant, upon paying the rents and performing all of the terms of this Lease on its part to be performed,
12 shall peaceably and quietly enjoy the Premises subject, nevertheless, to the terms of this Lease and to
13 any mortgage, ground lease or agreements to which this Lease is subordinated.
14
15 Section 5.08. Environmental.
16
17 (a) Tenant shall not use or suffer the Premises to be used in any manner so as to create an
18 environmental violation or hazard, nor shall Tenant permit, cause or suffer to be caused any petroleum,
19 hazardous material or chemical contamination or discharge of a substance of any nature which is
20 noxious, offensive or harmful or which under any law, rule or regulation of any governmental authority
21 having jurisdiction constitutes a known or suspected hazardous, dangerous or toxic substance or waste.
22 Tenant shall not violate or suffer to be violated any governmental law, rule, regulation, ordinance or order,
23 including those of any federal, state, county or municipal entity, agency or official.
24
25 (b) Tenant shall immediately notify Landlord in writing of environmental concerns, liabilities or
26 conditions of which Tenant is, or becomes, aware or which are raised by any private party or government
27 agency with regard to Tenant's business or the Premises. Tenant shall notify Landlord immediately of
28 any petroleum or other hazardous substances released at the Premises, whether it is released by Tenant
29 or otherwise and shall immediately investigate and fully remediate all such substances in compliance with
30 law.
31
32 (c) Without limiting the foregoing, but as additional covenants thereto, Tenant specifically
33 agrees that (i) Tenant shall not generate, manufacture, refine, transport, treat, store, handle, dispose or
34 otherwise deal with any hazardous substances or hazardous waste as now or hereafter defined by
35 applicable law except in the ordinary course of Tenant's business and in accordance with all applicable
36 environmental laws, rules and regulations; (ii) if at any time during the Lease Term there shall be
37 required, with respect to the Premises or any part thereof, any act pursuant to or to comply with
38 applicable law, including obtaining permits or approvals, the filing of any required notice of sale or
39 negative declaration affidavits or the preparation or effectuation of any remediation plans, Tenant shall
40 immediately advise Landlord of same and Tenant shall be solely responsible for the cost of such
41 compliance. Tenant shall defend, indemnify and hold Landlord harmless against any claims, actions,
42 fines, penalties, liability, loss, cost or expense, including consultants' and attorneys' fees and costs
43 (whether or not legal action has been instituted), incurred by reason of (i) the presence of petroleum or
44 hazardous materials at, under or about the Premises caused by Tenant, (ii) any failure by Tenant to
45 comply with the terms hereof or with any environmental law, rule or regulation now or hereafter in effect
46 (iii) the purchase, sale, use or storage of any goods, products, petroleum, equipment or other items at,
47 under or about the Premises, or the repair, maintenance or condition of the Premises and all equipment
48 and fixtures appurtenant thereto. For the purposes of this paragraph, the term Tenant shall be deemed
49 to include Tenant, Tenant's agents, servants, employees and invitees.
50
51 (d) Tenant expressly acknowledges its understanding and agreement that, during the Lease
52 Term or at or after the Expiration Date (or earlier termination of this Lease), certain notices, filings (and,
53 possibly, sampling plans, remediation plans and remediation work) may be required by law and, if this
54 occurs, then Tenant shall in its own name or, if required, in the name of Landlord, comply, at Tenant's
55 sole cost and expense, with all such applicable notices, filings and other required actions, and defend,
56 indemnify and hold Landlord harmless from all costs and expenses related to the same.
57 However, Tenant shall file no documents or take any other action under this Section without Landlord's
58 prior written approval thereof, and Landlord shall also have the right to file such documents or take such
59 action instead or on behalf of Tenant (but still at Tenant's sole cost and expense), and Tenant shall
60 cooperate with Landlord in so doing. Tenant shall (i) provide Landlord with copies of any documents filed
61 by Tenant pursuant to any environmental law; (ii) permit Landlord to be present at any inspection, on or
62 off site, and at any meetings with government environmental officials; and (iii) provide Landlord with an
63 inventory of materials and substances dealt with by Tenant at the Premises, as well as such additional
64 information for government filings or determinations as to whether there has been compliance with an
65 environmental law.
66
67 (e) Landlord shall have the right to enter the Premises at any time after reasonable twenty-
68 four (24) hour notice, except no notice shall be required in cases of emergency, to inspect the Premises
69 or to conduct tests to discover the facts of any alleged or potential environmental condition or violation.
70

17. 1 (f) Tenant shall require any permitted assignee or subtenant of the Premises to agree
2 expressly in writing to comply with all the provisions of this Section. The provisions of this Section shall
3 survive the expiration or earlier termination of this Lease.
4
5 (g) Tenant has inspected the condition of the Premises and the tanks and other equipment
6 thereon, if any, and acknowledges that it has received them in good order and repair.
7
8 (h) Tenant agrees lo comply fully with all federal, state, and municipal laws, rules,
9 regulations, ordinances, use permits, and all conditions and restrictions with regard to the use and
10 condition of the Premises and with regard to Tenant's activities thereon. Without limiting the foregoing,
11 Tenant must comply with all requirements of federal, slate, and local occupational, health and safety
12 agencies, and environmental protection agencies, concerning the receipt, storage, handling, use, sale
13 and dispensing of motor fuels, the disposal of waste materials, and Tenant's other activities on the
14 Premises, including those governing recovery of vapors.
15
16 (i) Landlord shall indemnify, defend and hold Tenant harmless from and against any and
17 all environmental damages arising from the presence of hazardous materials upon, about or beneath
18 the Premises in amounts that exceed permissible thresholds or arising in any manner whatsoever out
19 of the violation of any environmental requirements pertaining to the Premises and any activities
20 thereon, which conditions exist or existed prior to or on the Delivery Date or which may occur
21 thereafter as the result of the act or omission of Landlord, its agents, contractors or employees.
22 Landlord shall be liable to Tenant only for its actual damages and in no event shall Landlord be liable
23 to Tenant of anyone claiming by or through Tenant for any special or consequential damages or
24 claims for lost profits. The provisions of this Section shall survive the expiration or earlier termination
25 of this Lease.
26 ARTICLE VI: TENANT'S CONSTRUCTION AND MAINTENANCE
27
28 Section 6.01. Tenant's Plans and Specifications.
29
30 (a) Tenant shall, within seven (7) days after the date of this Lease, retain its architect and
31 shall thereafter diligently submit to Landlord, for Landlord's prior written approval, complete architectural
32 and engineering plans and specifications of the Premises, prepared by duly state licensed and insured
33 architects and engineers, describing all the work which under this Lease is to be performed by Tenant,
34 and showing in sufficient detail the location of all utilities, partitions, store front and any other matters
35 which may affect the construction work to be performed by Landlord, if any, in the Premises and in the
36 Building. In the event that said plans and specifications are, in the reasonable judgment of Landlord,
37 incomplete, inadequate or inconsistent with this Lease, Landlord notify Tenant of such in reasonable
38 detail and Tenant shall have said plans and specifications revised, corrected and/or completed al
39 Tenant's expense. Upon completion of final plans and specifications and Landlord's approval thereof,
40 Tenant shall employ duly state licensed and insured contractor and sub-contractors, to complete the
41 Premises in accordance with the said approved plans and specifications and in accordance with the
42 other terms and provisions of this Lease. Within ten (10) business days of Landlord's a request for
43 approval to Tenant's plans and specifications, Landlord shall notify Tenant in writing of its disapproval
44 of or approval lo such proposed plans and specifications (and if the plans and specifications are
45 disapproved, provide Tenant with a reasonably detailed explanation of the reasons for such
46 disapproval). In the event that Landlord does not notify Tenant of its disapproval of or approval to any
47 plans and specifications within the aforementioned 10-business day period (the "First Request"), then
48 Tenant may elect to send to Landlord a second written request for Landlord's approval (the "Second
49 Request"), which such Second Request shall contain a statement in bold letters of a large font at the
50 top of such document slating that "LANDLORD'S FAILURE TO RESPOND TO THIS DOCUMENT
51 WITHIN FIVE (5) BUSINESS DAYS WILL CONSTITUTE LANDLORD'S DEEMED APPROVAL OF
52 THE PLANS AND SPECIFICATIONS." If Landlord fails lo respond lo the Second Notice within five
53 (5) business days following Landlord's receipt of the Second Notice, then such failure shall be
54 deemed lo constitute Landlord's approval of such plans and specifications and no further consent to
55 such plans and specifications shall be required under this Lease or otherwise.
56
57 (b) Tenant acknowledges that Landlord's approval of Tenant's plans (i) does not eliminate the
58 need for Tenant to obtain all necessary approvals and permits required from any public or governmental
59 agency or authority having jurisdiction over the Property and (ii) should not be construed as a waiver of or
60 the satisfaction of any laws, regulations, restrictions or requirements of record, conformance thereto
61 being solely Tenant's responsibility. Tenant also acknowledges that Landlord has no liability lo Tenant or
62 any other person or entity as a result of Landlord's approval of said plans for any defects, omissions,
63 inconsistencies or shortcomings contained in such plans or the work to be performed in accordance
64 therewith.
65
66 Section 6.02. Tenant's Construction, Installations and Alterations.
67
68 (a) All work or equipment, other than Landlord's Work, if any, shall be performed by Tenant at
69 its own cost and expense and Tenant shall, without limitation, fully equip the Premises with all trade
70 equipment, furniture, operating equipment, furnishings, fixtures and exterior signs and any other
71 equipment necessary for the proper operation of Tenant's business. Whenever Tenant is performing

18. 1 work within the Premises. Tenant shall commence such work as soon as is practical and shall diligently
2 prosecute such work to its completion as soon as is practical after its commencement. All fixtures
3 installed by Tenant shall be new or completely reconditioned. Tenant shall not do any construction work
4 or alterations. nor shall Tenant install any equipment other than trade fixtures without first obtaining
5 Landlord's written approval and consent. Tenant shall present to Landlord plans and specifications for
6 such work at the time approval is sought in accordance with Section 6.01 above. Tenant shall
7 commence its work promptly following Landlord's approval of Tenant's plans and specifications and shall
8 diligently and continuously prosecute its work to completion so as to open for business no later than the
9 Commencement Date.
10
11 (b) Tenant agrees that Tenant's Work shall not be done in a manner which would create any
12 work stoppage, picketing, labor disruption or dispute or any interference with the business of Landlord or
13 any tenant or occupant of the Property (any such violation, stoppage, picketing or disruption hereinafter
14 referred to as a "Conflict"). Tenant shall immediately stop work or other activity if Landlord notifies
15 Tenant that continuing such work or activity would cause a Conflict. Tenant shall indemnify and hold
16 Landlord harmless from any loss, cost or liability suffered or incurred by Landlord as a result of Tenant's
17 violation of the provisions of this paragraph. Tenant's violation of the terms hereof shall constitute a
18 default hereunder and shall entitle Landlord to exercise any remedies that are available to Landlord at
19 law, in equity or hereunder. including, without limitation, obtaining an injunction.
20
21 (c) Tenant may not perform any major repairs. renovations. remodeling or alterations to the
22 Premises without having first received Landlord's written consent thereto. Tenant shall, before
23 performing any major repairs. renovations. remodeling or alterations to the Premises, submit complete
24 architectural and engineering plans and specifications of the Premises, prepared by duly state licensed
25 and insured architects and engineers previously approved in writing by Landlord, describing all of the
26 major repairs, renovations. remodeling or alterations which Tenant proposes. Upon approval by
27 Landlord of Tenant's final plans and specifications therefor, Tenant shall employ a duly state licensed and
28 insured contractor and sub-contractors. approved in writing by Landlord, to perform the repairs.
29 renovations. remodeling or alterations in accordance with the said approved plans and specifications and
30 in accordance with the other terms and provisions of this Lease.
31
32 (d) Tenant shall apply for all permits and licenses necessary for the performance of Tenant's
33 Work within thirty (30) days after the Delivery Date and the use and occupancy of the Premises for the
34 Permitted Uses including, without limitation. a certificate of occupancy if necessary, within thirty (30) days
35 after the Commencement Date (individually and collectively, the "Permits").
36
37 (e) Tenant may not (i) perform or allow to be performed any work that uses an open
38 flame or that generates sparks or heat sufficient to cause combustion including, without limitation,
39 cutting, welding and brazing nor (ii) shutdown any fire-protection systems within the Premises without
40 having first received Landlord's prior written consent and approval thereto, which Landlord may
41 condition. delay or withhold in its sole discretion. If Tenant fails to comply with the foregoing. without
42 limiting any other rights and remedies Landlord may have at law or equity or under this Lease.
43 Landlord may enter the Premises without notice and promptly take any and all actions necessary to
44 ensure that the Property is and remains at all times in compliance with all governmental and
45 insurance regulations and requirements.
46
47 Section 6.03. Signs, Awnings and Canopies.
48
49 (a) Except as provided in Section 1.01, Tenant shall not place or suffer to be placed or
50 maintain any sign. awning or canopy in. upon or outside the Premises or on the Property, nor shall
51 Tenant place in the display windows any sign, decoration. lettering or advertising matter of any kind,
52 without first obtaining Landlord's written approval and consent in each instance. Tenant shall maintain
53 any such sign or other installation as may be approved in good condition and repair. All signs shall
54 comply with all laws and regulations and with the provisions of "Exhibit D - Sign Specifications", attached
55 hereto and made a part hereof, shall be consistent with the general design of the Building, shall be in to
56 the size deemed appropriate by Landlord and. except as specifically permitted by Landlord, shall not
57 protrude at an angle from the wall to which they are affixed. Notwithstanding the foregoing, by signing
58 this Lease, Landlord shall be deemed to have approved Tenant's signage attached hereto as "Exhibit D-
59 1 - Tenant's Approved Signage", provided the same complies with all applicable codes.
60
61 (b) In the event Landlord, in its sole discretion. shall elect to undertake a major renovation
62 and/or major remodel of all or part of the Building, in order to facilitate any such renovations and/or
63 remodeling (including Tenant's fa<;:ade) any time after the end of the initial third (3rd) Lease Year, Tenant.
64 upon request by Landlord and at Tenant's sole cost and expense. shall remove any and all of Tenant's
65 signs and replace same with a new sign or signs in conformity with the uniform signage criteria of the
66 new fa<;:ade ("Tenant Sign Work"').
67
68 (c) At the Expiration Date or earlier termination of the Lease, Tenant shall remove all of its
69 signs and shall repair all damage caused by the initial installation and subsequent removal of such
70 signage.
71
72

19. 1 Section 6.04. Laws, Waste or Nuisance.
2
3 From and after the date Landlord makes the Premises available to Tenant, Tenant shall, at its own cost
4 and expense: (i) comply with all governmental laws. orders and regulations affecting the Premises now or
5 hereafter in force including, without limitation, the Americans With Disabilities Act; (ii) comply with and
6 execute all rules, requirements, and regulations of the Board of Fire Underwriters, Landlord's insurance
7 companies and other organizations establishing insurance rates; and (iii) not suffer, permit or commit any
8 waste or nuisance. Tenant shall not perform any acts or carry on any practices which may injure the
9 building or be a nuisance or menace to other tenants or the public.
10
11 Section 6.05. Mechanic's Lien.
12
13 Tenant shall promptly pay all contractors and materialmen performing work for or on behalf of Tenant, so
14 as to minimize the possibility of a lien attaching to the Premises and/or the Property, and should any such
15 lien be made or filed, Tenant shall bond against or discharge the same within ten (10) days after receipt
16 of notice of the filing thereof. Prior to commencing any work at the Premises, Tenant will provide
17 Landlord with an acknowledgment from all of Tenant's contractors and materialmen stating that: (i) they
18 will look solely to Tenant for all payments for their goods and services, (ii) Landlord has no obligation to
19 them for any such goods or services and (iii) they will not place any liens against any property of
20 Landlord. Notwithstanding the foregoing, in any case when more than Three Thousand and 00/100
21 Dollars ($3,000.00) of work is to be performed by or for Tenant, Tenant shall, unless Landlord consents
22 otherwise in writing, file an effective waiver of liens which will, under applicable law, preclude the
23 possibility of an effective mechanic's lien against the Property. In the event Tenant shall fail to bond or
24 discharge a filed lien within the time provided for herein, Landlord, at its option, in addition to all other
25 rights and remedies provided herein, may bond or pay the lien or claim without inquiring into the validity
26 thereof. Tenant shall immediately, upon demand, reimburse Landlord for the amount so paid and the
27 expenses related thereto including an administrative charge of fifteen percent (15%), plus legal interest
28 thereon, as Additional Rent. Upon prior notice to Tenant, Landlord or Landlord's representatives shall
29 have the right to go upon and inspect the Premises at all reasonable times and shall have the right to
30 post and keep posted thereon notices of non-responsibility, or such other notices which Landlord may
31 deem to be proper for the protection of Landlord's interest in the Premises. Tenant shall. before the
32 commencement of any work which might result in the filing of a mechanics' or materialmen's lien, give
33 Landlord written notice of Tenant's intention to do so in sufficient time to enable the posting of such
34 notices.
35
36 Section 6.06. Fire Hazards.
37
38 In the event that Tenant engages in the preparation of food or baked goods or engages in the use, sale
39 or storing of inflammable or combustible material, Tenant shall install chemical extinguishing devices
40 (such as Ansul) approved by the fire insurance rating organization and shall keep these devices under
41 service as required by the fire insurance rating organization. Tenant shall also install a gas cut-off, if gas
42 is used in the Premises. Nothing contained in the preceding sentences shall be construed in any way to
43 enlarge Tenant's rights in the Premises beyond those given by Section 5.01 of this Lease. If Tenant fails
44 to install said devices, or to subscribe to the servicing of such devices, Landlord shall have the right to
45 enter the Premises to make necessary installations and charge the cost of such installations and
46 maintenance to Tenant as Additional Rent.
47
48 Section 6.07. Impact Fees.
49
50 Landlord shall pay all base building impact fees, including transportation impact fees, and/or related
51 impact fees. for standard retail use. Tenant shall pay all incremental building impact fees including
52 transportation impact fees and/or related impact fees due as a result of its intended use as a restaurant
53 containing not more than 150 seats whether located inside or outside the demised premises.
54 ARTICLE VII: MAINTENANCE OF BUILDING;
55 ACCESS TO PREMISES
56
57 Section 7.01. Repairs.
58
59 Landlord shall maintain in good working order and repair the structural elements, roof and roof
60 membrane, exterior walls, foundation and subfloor of the Premises, the plumbing and electrical to the
61 point they serve only the Premises, and all major mechanical systems (located on the exterior of demised
62 premises) including electrical and plumbing, but excluding HVAC, provided that if such necessary exterior
63 or structural repairs are required due to Tenant's acts or omissions, or those of Tenant's agents,
64 employees or contractors, then Tenant shall be responsible for the costs of such repairs or
65 improvements. Landlord warrants that all rooftop located HVAC serving the Premises shall, upon the
66 Delivery Date, be brand new. From and after the Delivery Date, Tenant shall be exclusively responsible
67 for all costs and expenses, net of the Tenant's Improvement Allowance provided by Landlord, relating to
68 the build out of the Premises, and any non-warrantied repair or maintenance costs associated with the
69 Landlord-provided equipment including but not limited to the Grease Trap and HVAC. Landlord
70 represents and warrants that all HVAC equipment provided as of Lease Commencement Date shall be

20. 1 fully warrantied to Tenant but only for such time as HVAC manufacturers' warranties to Landlord remain
2 in full force and effect. Tenant shall take good care of and make necessary non-structural repairs to the
3 interior of the Premises, and the fixtures and equipment therein and appurtenances thereto, including, but
4 not limited to, the exterior and interior windows, doors and entrances; sprinkler system maintenance;
5 store fronts; signs; showcases; ceiling tiles; floor coverings; interior walls, columns and partitions;
6 electrical, lighting, heating, plumbing, sewage facilities and air conditioning and ventilating equipment.
7 Tenant shall be responsible to keep a watertight seal between the HVAC equipment and the roof curb for
8 which the HVAC equipment shall be installed upon. Tenant hereby waives any rights it may have to
9 make repairs or perform maintenance as provided in any law, ordinance or regulation which may now
10 exist or hereafter be enacted or enforced, which confers upon Tenant the right to make any repairs to the
11 Premises for the account of Landlord. All parts of the interior of the Premises shall be painted or
12 otherwise decorated by Tenant periodically as reasonably determined by Landlord. Tenant shall keep in
13 force a maintenance agreement, in form acceptable to Landlord, on all heating and air conditioning
14 equipment ("HVAC") within or seNing the Premises, which agreement shall require, at a minimum,
15 quarterly maintenance visits during the entire Lease Term and Tenant shall perform, or caused to be
16 performed, any and all repairs, maintenance and replacements recommended or required in order to
17 maintain such maintenance agreement. Tenant shall provide a copy of said maintenance agreement to
18 Landlord upon Landlord's request. If Tenant installs any electrical equipment that overloads the lines in
19 the Premises or the Building, Tenant shall, at Landlord's option, be required to make whatever changes
20 to such lines as may be necessary to render the same in good order and repair and in compliance with
21 all insurance requirements and all legal requirements. If Landlord makes repairs by reason of Tenant's
22 negligent act, Landlord may deem the cost of such repairs Additional Rent, and such cost shall be due
23 and payable within ten (10) days after Landlord's demand therefor. In the event of the failure of Tenant to
24 make repairs or perform any act required by this Lease promptly as herein agreed, Landlord, in addition
25 to any other rights it may have under the Lease, may enter upon the Premises without notice and make
26 such repairs or perform such acts at the expense of Tenant, the cost thereof to be charged to Tenant as
27 Additional Rent.
28
29 Section 7.02. Access to Premises.
30
31 (a) Landlord shall have the right to place, maintain and repair all utility equipment of any kind
32 in, upon, around and under the Premises as may be necessary for the seNice of the Premises and other
33 portions of Landlord's property and Landlord (for itself and other tenants in the Building) hereby reserves
34 the right to install, maintain, use, repair and replace pipes, ducts, conduits, wires, utilities and structural
35 elements leading through, under and over the Premises in locations which will not unreasonably interfere
36 with Tenant's use thereof so long as same are installed below the finished floor, within or along a wall or
37 column, or above or along the finished ceiling. Landlord shall also have the right to enter the Premises at
38 all reasonable times after 24 hours' notice, except no notice shall be required in cases of emergency, to
39 inspect or to exhibit the same to prospective purchasers, mortgagees, ground lessors and tenants, and to
40 make such repairs, additions, alterations or improvements as Landlord may deem desirable. Landlord
41 shall be allowed to take all material in, to and upon the Premises that may be required in connection with
42 such repairs, additions, alterations or improvements without the same constituting an eviction of Tenant
43 in whole or in part and the Rents reseNed herein shall in no way abate while said work is in progress by
44 reason of loss or interruption of Tenant's business or otherwise and Tenant shall have no claim for
45 damages; provided, however, Landlord uses commercially reasonable efforts to minimize the impact
46 thereof of Tenant's business. If Tenant shall not be personally present to permit an entry into the
47 Premises when for any reason an entry therein shall be permissible, Landlord may enter the same by a
48 master key or in an emergency by the use of force without rendering Landlord liable therefor and without
49 in any manner affecting the obligations of Tenant under this Lease. The provisions of this Section shall in
50 no way be construed to impose upon Landlord any obligation whatsoever for the maintenance or repair
51 of the Building or any part thereof except as otherwise herein specifically provided. During the six (6)
52 months prior to the expiration of this Lease or any option term, Landlord may place upon the Premises
53 "for lease," "to let" or "for sale" signs, or other similar signs, which Tenant shall permit to remain thereon.
54 Landlord shall have the exclusive right to use all or any part of the roof and exterior side walls of the
55 Premises for any purpose that is not inconsistent with nor unreasonably interferes with Tenant's
56 business. Landlord agrees that it shall use reasonable efforts to perform any repairs it is required or
57 permitted to perform under this Section in such manner and at such times as to not unreasonably disturb
58 Tenant's business operations, except in the case of an emergency.
59
60 (b) If the Premises contain means of access to the roof or basement, Landlord shall have the
61 right to enter the Premises at all times to gain access to said roof or basement to inspect same and to
62 make such repairs, additions, alterations or improvements as Landlord may deem desirable.
63
64 Section 7.03. Tenant Remedy. Notwithstanding any provision of this Lease to the contrary, if Landlord
65 defaults in the observance or performance of any term or covenant required to be performed by it under
66 Section 7.01 , Tenant after not less than 45 days' notice to Landlord may, but shall not be obligated to,
67 remedy such default and in connection therewith may pay or incur reasonable expenses.
68 Notwithstanding the foregoing, Tenant shall not have such right in the event Landlord takes action to cure
69 the default within such 45 day period but is unable, by reason of the nature of the work involved, to cure
70 the same within such period, provided Landlord continues such work diligently and without unnecessary
71 delays unless beyond Landlord's reasonable control. Additionally, Tenant shall have the right to remedy
72 any default of an emergency nature in the event Landlord fails to commence curing any default creating

21. 1 an emergency situation promptly upon being given notice which is reasonable under the circumstances,
2 and Tenant shall have the right to remedy such a default without notice (if the giving of notice is not
3 reasonably practicable) in the event of an emergency. All sums expended or obligations incurred by
4 Tenant in connection with the foregoing shall be paid by Landlord to Tenant upon demand.
5 ARTICLE VIII: REAL ESTATE TAXES
6
7 Section 8.01. Real Estate Tax Percentage.
8
9 In addition to the Minimum Annual Rent, Tenant shall pay its Real Estate Tax Percentage of all Real
10 Estate Taxes assessed on the Property, commencing with the calendar year in which the Lease
11 Commencement Date occurs, which is currently estimated to be $3.22 per square foot for the first
12 Lease Year. Tenant shall pay Landlord on or before the first day of each month one-twelfth (1/12) of
13 Tenant's estimated liability for the Real Estate Taxes for the current calendar year. Any amount paid
14 by Tenant which exceeds the correct amount due shall be credited to the next succeeding payment
15 due under this Section 8.01 . If Tenant has paid less than the correct amount due, Tenant shall pay
16 the balance within ten (10) days of receipt of notice from Landlord. If the term of this Lease shall
17 begin or end other than on the first day or last day of a calendar year, the Real Estate Taxes shall be
18 billed and adjusted on the basis of such fraction of a calendar year. Tenant's obligation to pay the
19 adjustments described in this Section 8.01 shall survive the expiration of this Lease.
20 The term "Real Estate Taxes" shall mean the annual taxes and any special assessments or other
21 charges levied against the real property of which the Premises are a part by any authority having the
22 direct power so to tax, including any city, county, state or federal government, or any school,
23 agricultural, transportation or environmental control agency, lighting, drainage, or other improvement
24 district thereof, and shall include the expense of contesting the amount or validity of any such taxes,
25 charges or assessments.
26
27 Section 8.02. Taxes on Leasehold.
28
29 Tenant shall be responsible for, and shall pay before delinquency, all taxes assessed during from and
30 after the date of this Lease against any leasehold interest or improvements, decorations, alterations,
31 fixtures and/or personal property of any kind owned by or placed in, upon or about the Premises by
32 Tenant, whether such taxes are assessed against Landlord or Tenant.
33
34 Section 8.03. Taxes on Rentals.
35
36 In addttion, Tenant shall pay any and all taxes assessed by the state or any municipality with jurisdiction
37 over the Premises, whether now in place or hereafter levied or assessed, that are applicable to rentals or
38 any other payments or charges payable by Tenant to Landlord specified in this Lease. Said tax payment
39 shall be paid to Landlord with and when the applicable rental or charge is due. Said tax shall be at the
40 legally prevailing rate.
41
42
43 ARTICLE IX: COMMON AREAS AND FACILITIES
44
45 Section 9.01. Control of the Property and the Common Facilities by Landlord.
46
47 (a) All parking areas, sidewalks, access roads and faciltties furnished, made available or
48 maintained by Landlord in or near the Property, including customer and employee parking areas, truck
49 ways, driveways, porches, sprinkler systems, security and traffic control, security alarm systems, loading
50 docks and areas, delivery areas, package pickup stations, elevators, escalators, pedestrian sidewalks,
51 courts and ramps retaining walls, escalators, elevators, fountains, water features, play areas, play
52 equipment, shelters, signs, landscaped areas, roofs. retaining walls, stairways, bus stops, first-aid and
53 comfort stations, lighting facilities, sanitary systems, utility lines, water filtration and treatment facilities
54 and the areas and improvements provided by Landlord for the general use in common of tenants and
55 others in the Building and their customers (all herein called "Common Facilities") shall at all times be
56 subject to the exclusive control and management of Landlord. All parking rights are also subject to rules,
57 regulations and ordinances of the city in which the Property is located.
58
59 Landlord shall supply adequate parking to meet the city and county code requirements for a restaurant
60 not to exceed a total seating capacity, whether located inside or outside, of 150 seats. With the exception
61 of a limited number of time-designated spaces, at no time will any parking spaces be designated or
62 reserved for any individual or specific tenant. See Site Plan attached as Exhibit A-1.
63
64 (b) The purpose of the site plan attached hereto as Exhibit A-1 is to show the approximate
65 location of the Premises and is not to be deemed to be a warranty, representation or agreement on the
66 part of Landlord that the Building will be exactly as depicted thereon or that tenants depicted thereon (if
67 any) are now in occupancy or will be in occupancy at any time during the Lease Term. Landlord shall
68 have the right from time to time to: change or modify, add to or subtract from, include in or exclude from
69 the Building and its gross leasable area any additions to the Building, change or modify and add to or
70 subtract from the sizes, locations, shapes and arrangements of parking areas, entrances, exits, parking