06-765-0002006053012393714
M1�IMADE
30 -MAY -2006
r MS STACIE NICHOLS
GSD GROUP
-MIAMI, FL
Re: Sewer Connection Approval For:
QDOBA MEXICAN RESTAURANT
5748 SW 72 ST
S.MIAMI
Dear MS NICHOLS:
Department of Environmental Resources Management
Office of Plan Review Services
11805 SW 261h Street
Miami, Florida 33175 -2474
T 786- 315 -2800 F 786.315 -2919
0 V V — 9 ! —5 miamidade.gov
This Department has evaluated plans and documents related to the above
referenced project which is more particularly described below:
PREVIOUS USE: 90 SEAT RESTAURANT (555021 -6)
PROPOSED USE: 88 SEAT RESTAURANT
PREVIOUS FLOW (GPD): 4500
PROPOSED FLOW (GPD): 4400
JOB DESCRIPTION: PROPOSED CHANGE OF OWNERSHIP OF AN
EXISTING 90 SEAT RESTAURANT TO BE REPLACED WITH AN 88 SEAT
RESTAURANT. THEREFORE A NO INCREASE LETTER HAS BEEN ISSUED.
Based on this evaluation, it has been determined that this project
will not result in an increase of flows to the sanitary sewer
collection /transmission system over and above the flows from the most
recent use at the property. Accordingly, this request is found to be
in compliance with the provisions of the First Partial Consent Decree
(Case No. 93 -1109 CIV MORENO) between Miami Dade County and the U.S.
Environmental Protection Agency, and a Sewer Service Capacity
Certification Letter is not required.
By copy of this letter we are advising the appropriate building
official of our Department's determination. Should you have any
further questions regarding this matter, please contact the Water and
Sewer Division at 372 -6524.
Sincerely,
Ca s Herna ez', P.E.
C ie , Office of Plan Review Services
vir nmental Resources Management
cc: Building Official
Applicant
OFFICIAL RECEIPT 0//10 u NO-5513198
MIAMI -DADE COUNTY - FLORIDA
® RECEIVED FROM eoie ���� DATE -V / 0 O
MONTH DAY YEAR
ADDRESS
STREET ADDRESS
CASH $
CHECKS $ 3oa , OO
CITY STATE '1p hh
AMOUNT OF: 3o0DOLLARS, AND By CENTS TOTAL $ �oD Oy
FOR PAYMENT OF: V V 4*/•40 7m;2..
!] THIS RECEIPT NOT VALID UNLE j4DATEDD, COMPLETED AND SIGNED BY-AUTHORIZED EMPLOYEE OF DEPARTMENT.
D&T.: BY:
-FOR OFFICE USE ONLY
ML SUBSIDIARY
107 ,
Su9ine11e Owner Name; - E. �R -A"TS -- - - -
Tide; S?C41 1
Corporate NA ne: L..-,,p Is v v .
City: Cv[,o.4.. C�a,ts� c State: Z Code: % 'mo�'-
Teiephotxei Z-016-- X30
all o opfretlort'paernt! ero true, aarrect, and acmplet FuFurtharmorowa e
pollution aouro# and pollution' control faaliRlae In aueh a manner as to
JDmJ -Dade ounty Cad#, and all the rules qnd ,tigulatlons of the
ad by the depttftment, will be non- iransferebis and will netify
Isgel transfer of the FeRnitted facility.
Subecrbed 8 sworn to and aubsorlbed before me this °e
day of
Personally known oc - Of produced IdentiJicatlon OLP _
Notary Signature
If sfgrsed by q Coniraetor or Reprea�ntatire, ploosse Check hero;_
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Company Name:
T'elephons,
QSJ Wd92 :z i 9002 BT FeW
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MIAMI'
MOW, - ib f oo
Grease Discharge Pro rain Applicatjoia GDO -
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Facility Nome;
bo-�- I cy, ' J 1 P'v 1. ( Store #:
Location •
vast N. °
City: o M.n Telephone:
Property Tax Folio: �, _V��
8tt- ghmeae owner Nging; I
L& Lzvade— biz pTS
Title: P F-04 j
Carporute Naerte: A 1-orZl S 1}..._�.G, •pra,�
Mail Address: 23
City: 'State: -E Z Code; SWA
�'• Teiephoae:
Pay this arno t cle 1
rL,� . r � _ O . Aso -- $940 [P14n
check/MonO ord A U / F.E09
ew /Change of Own
Data;
The underatgn owner or autho pramentative o�
that the ntanman a eppppgtton for An operatic rt'parrnl! ero true, correct, and oamplete, pu�o fully wwo
ompt l W; agr o m fain and o • Pollution aoyroe end pollution control faatt$la:♦ In aueh a ttlagner , to
cafnpty wi •pro ona o peter Miefrtl•Dado County Coda, and aN the rule and n,g�tatlonn of the
depart t • uttd Ands that • I ad by the departm•nt, will be non.trarlefereble end will notify
the art on s , atranpe of , or Is l tranafsr of the
poRMlttpd facility.
to 002 /002
�•�' �+wner or AuPdfizacf person' X-
Subacrba4 8 Typed Ne
sworn to afld aub6albed before me this ti m
day of /� Y
Paraonally known ° 0 6
Of p rodueed IderltificaVon .``�•
eo
Notary SIgn a lure =:: ?
If slgrteE by q Conlrsctor arRepraventative, plooee check hero; ��,•
' " " "`` '� ON OTAftY.com
Company Name:
7e►eph on e;
d (bS'ON NdEVE 0900t11 *xA
T �j 9S i QS9 Wd92:21 9002 8T Rew
APRIL 11, 2006
STATE OF FLORIDA
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
Jeb Bush, Govemor
Simone Marstdler, Secretary
SEVEN SKYES CO
901 PONCE DE LEON
CORAL GABLES, FL 33143
Re. Division of Hotels and Restaurants Plan Review
41, License Type: 2010 PERMANENT FOOD SERVICE
Application No. 234788
File No. 201046 Log No. P1 -06 -318
To Whom It May Concern:
4 T4 .
1Im.
You are hereby advised that the public food service establishment plans submitted on MARCH 9, 2006, for
QDOBA, 5748 SUNSET DRIVE, SOUTH MIAMI, FL 33143, have been approved as of April 11, 2006 as
meeting minimum standards per the information given with the following proviso(s):
1. HOT AND COLD RUNNING WATER AT ALL SINKS AND LAVATORIES.
2. K CLASS FIRE EXTINGUISHER REQUIRED. NEW HOOD SYSTEM INSTALLED.
3. 16" FLAMEGUARD REQUIRED BETWEEN FRYERS AND ANY OPEN FLAME APPLIANCE.
4. STUDS, JOISTS AND RAFTERS MAY NOT BE EXPOSED IN AREAS SUBJECT TO MOISTURE.
5. INSPECTOR VERIFY ALL DISPLAYED FOODS ARE PROPERLY PROTECTED.
6. INSPECTOR VERIFY STORAGE LOCATIONS FOR EMPLOYEE PERSONAL ARTICLES AND
MAINTENANCE SUPPLIES.
7. HOOD SYSTEM MUST MEET NFPA 96.
Please have the above information /proof ready for your inspector at the opening inspection. Be sure to
include the plan review log number on any document submitted. An opening inspection cannot be completed
satisfactorily unless the above information /proof is provided to the inspector. Your plans are only approved as
shown. If any changes occur in menu, equipment or operation, please notify the district office immediately.
Certain changes may require a new plan review and changes in proposed operational procedures may require
additional equipment.
In or for the inspector to conduct the opening/licensing inspection, all required final approvals must be on
site wise refer to the enclosed "Open /Licensing Inspection Checklist" When you are ready, call the
Cusco. er Contact Center at 850.487.1395 to schedule an opening inspection All records are Identified by
the log number at the top of this memo, so please have your log number available when calling for your
inspection. Without this number, the opening inspection may be delayed. Please allow at least five (5)
working days response time for an inspector to return your call. At that time, the Inspector will set an
appointment date and time.
We hold your approved plans for thirty (30) days. Please pick them up or arrange a way for us to return them
to you at your expense. If this proposed establishment does not become licensed within one (1) year of the
date the plans are approved, the approval becomes void and you may have to resubmit for review with the
appropriate fee.
Phone 850 487 1395 AUGUSTA BLDG, 8685 N.W 53 TERRACE, SUITE 111 Internet:
Fax 305 470 6746 MIAMI, FLORIDA 33166 -1544 www MyFlonda corn /dbpr
1/11'
O
STATE OF FLORIDA �.
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION a
w-%BF Jeb Bush, Governor '3
Simone Marstdter, Secretary
c� „E
If you are no longer the responsible party for this establishment, please forward this letter to the appropriate
party,.
- Sincerely,
Jqse Azqueta
Plan Reviewer
r
Ell
Phone 850 487 1395 AUGUSTA BLDG. 8685 N W 53 TERRACE, SUITE 111 Internet
Fax 305 470 6746 MIAMI, FLORIDA 33166 -1544 www MyFlonda com /dbpr
Department of Environmental
Resources Management
AFFIDAVIT FOR ASBESTOS SURVEY /NOTICE Division of Air Quality
MI
AM OF ASBESTOS RENOVATION OR DEMOLITION Air Facilities lities Section
33 S.W. 2nd Avenue, Suite 900
Miami, FL 33130 -1540
n
' 11. Project Type: ?.Demolition 9L Renovation ❑ Roofing Process Folio: Z•±'c�
2, Project Name ' al i Address jl-
City �5)t +.A i' G j% + i State - /mr`�'Zip Code County /B.
3. Project Dates (mm/dd/yy): Start r —! j =! Finish
E
4. Contractor Florida License #
5. Contractor Address Contractor Telephone
6. Give a brief description of work to be done at the above mentioned address: (include scope of work and the estimated area in
square feet that will be impacted by the project)
I, the undersigned, hereby attest that I am aware of the following:
1. Pursuant to 40 CFR 61, subpart M, section 145(a) and 469.001 -015 Florida Statutes, an asbestos survey at the above reference4
property may be required prior to any renovation or demolition activity.
2. Pursuant to 40 dFR 61, subpart M, section 145(a) and 469.001 -015 Florida Statutes, all regulated asbestos containing materials (RACM
must be removed prior to any renovation activity that may impact the (RACM) at the above referenced property.
3. Pursuant to 40 CFR 61, subpart M, section 145(a) and 469.001 -015 Florida Statutes, all regulated asbestos containing materials
(RACM) must be removed prior to any demolition activity that impacts the (RACM) at the above referenced property.
4. Pursuant to 40 CFR 61, subpart M, section 145(a) and 469.001 -015 Florida Statutes, a written notification must be submitted to DERM
at least 10 working days prior to demolition or asbestos abatement activity at the above referenced property.
Additionally, I am aware that violations of the above referenced regulations may result in civil or criminal prosecution or both at penalties
and fines of up to $25,000 per day per violation.
Name in Print (Owner, Lessee or Authorized Rep resentative)/Title Address (Owner, Lessee or Authorized Rep.)
Signature (Owner, Lessee or Authorized Representative
with Notarized Authorization Letter)
Telephone Number
STATE OF FLORIDA )
COUNTY OF DADE ) ss:
The foregoing instrument was acknowledged before me this r' day of 200_ by
-1 ! A, who has produced, as identification and who did (did not) take an oath.
Notary Public, State of Florida at Large
Received by Name of DERM Personnel /Section
161 01- 154 64
L
i
Dated Signature
THIS IS NOT A NESHAP NOTIFICATION —A SEPARATE NOTIFICATION MUST BE
SUBMITTED FOR RENOVATION OR DEMOLITION
See Reverse Side for Additional Information
USE OF LICENSED ASBESTOS PROFESSIONALS
Effective July 1, 1994, Florida Statutes 469.001 -015, require that no person shall conduct an asbestos survey, develop an
operations and maintenance plan, prepare abatement specifications, or monitor and evaluate asbestos abatement, unless
licensed as an asbestos consultant of the State of Florida. No person shall conduct asbestos abatement unless licensed as
an asbestos contractor by the State of Florida.
NOTIFICATIONS
Effective April 1, 1999, all NESHAP Notification for projects in Miami -Dade County must be submitted
along with the applicable fees to:
Department of Environmental Resources Management
Air Facilities Section
33 S.W. 2nd Avenue
Miami, FL 33130
FOR INFORMATION PERTAINING TO ASBESTOS REGULATIONS, CONTACT
DERM'S AIR FACILITIES SECTION STAFF AT:
33 S.W. 2ND AVENUE
MIAMI, FL 33130
(305) 372 -6925
WARNING
• VIOLATIONS OF FEDERAL NESAP REGULATIONS, 40 CFR 61 SUBPART M, SUCH AS FAILURE TO MAKE PROPER
ADVANCE NOTIFICATION OF RENOVATION AND DEMOLITION OPERATIONS INVOLVING ASBESTOS MAY
RESULT IN SUBSTANTIAL PENALTIES AND /OR CRIMINAL CHARGES
• A CITY /COUNTY DEMOLITION OR RENOVATION PERMIT DOES NOT CONSTITUTE A NESHAP
NOTIFICATION
S
THIS IS NOT A NESHAP NOTIFICATION —A SEPARATE NOTIFICATION MUST BE -
SUBMITTED FOR RENOVATION OR DEMOLITION
��k� �icea� T d,�,
�'l�r� SWnse.�r ��.
fAMF
OFFICIAL RECEIPT o /" n
NO-5513198
E
®�, MIAMI -DADE COUNTY- FLORIDA �
RECEIVED FROM COP. 5IEL01 D Q� dk'80411b
MONTH DAY YEAR
ADDRESS CASH $
STREET ADDRESS /�
CHECKS $ 300 • Oy
CITY //�� STATE ZIP l
AMOUNT OF: 300DOLLARS, AND By CENTS TOTAL $ v DO O�
ab - 47 Fo 44/�/-o7-
FOR PAYMENT OF: O
THIS RECEIPT NOT VALID UNLE % DATED, COMPLETED AND SIGNED BY AUTHORIZED EMPLOYEE OF DEPARTMENT.
DEPT.: • G. BY: • Al
FOR OFFICE USE ONLY
SUBOBJECT
UJILUIcuuu JAI 11:Gu MAA duo 114 bZ11
04
T �
Cq!UNTY
:o 002 /002
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Grease Discharge Pao rain ApplicEttion
Facility Nome;
Location g
trait #:
City: o VA, ,A,M
Telephone:`
Property Tax Folio:y�3�
G]DO -
8u91neas owner Name; - R -a"TS
• Title: a.47
Corporate NAme: =N-0-02-1 5 L-%--e _ I --- -.
Mail Address:
3uit►e/Uait:
City: :tsft. c'State:
—�_ Zflp.Code; 11%. Telephone: lob - 1 30
Pay this auto t cie): 1170 -�. 750 ..,S.900 (Plan evlew /Change of Owner ip;
ChooldMone Ord.
EEOS (Check Data;
The undersign owner or autno d repraaentativa of:
that ral ned a on a rppllogtlon ror an opwretlon'parml! art true. aor.act1 and omnpleta. Furthsrmura, !ho
that the ff tot an* e m tale .nd o le fully aware
com f wi a pro oils o IF
for , miuml•Dada o4ounty Codo, ndcollt of f4dilitlas In j tlonser t to
the ante and andm tha! •
on s , ohanpa of ad by the dopartmant, wlIf be non- transfer.ble arid will netlfy
, or trawl transfer of the Farmlttwd facility.
tU , Owner or Au Giza arson
Subscribed A sworn to arid aubsorlbed before me this a Typed Nam
_� day of /�,t Y
PO($QnAil known 0 G
y °�, or produced Identiffcstlan DLP' •''���� "``'-
..� ?oe Geor e F M
Notary sl0nafure 0
i
If signed by q Contractor orRrpraaantatire Ittwaa
P OheCk haro:`i ON OTAlIY.com
Company Name:
Teiephona,
l 'd lbS 'ON
EO:E 490H'II 'A
aso Wd92:21 9002 81 ReW
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DEPARTMENT OF ENVIRONMENTAL RESOURCES MANAGEMENT
DERM- WASTEWATER SECTION
KITCHEN OIL, GREASE & WASTE
DISPOSAL PROGRAM
MIAMI -DADE COUNTY
DEPARTMENT OF ENVIRONMENTAL
RESOURCES MANAGEMENT
WATER & SEWER DIVISION
Miami -Dade County
Department of Environmental Resources Management
Kitchen Oil, Grease and Waste Disposal Program
Introduction
Food preparation is almost impossible without the use of fats, oils and grease. Establishments such as
restaurants, bakeries, meat markets, etc. are the major places where these products are used extensively
and on a large scale, however there is a residential connection. Residential grease discharges overwhelm
commercial facilities by a large margin and are considered to play a very significant role in oil and grease
discharge to the public sanitary sewer system.
In the early 1990's Miami -Dade County experienced a number of sewer infrastructure problems which
resulted in a lawsuit by the United States Government. In this lawsuit a federal consent decree was settled
upon in two parts. The First Partial Consent Decree (FPCD) required the County to repair it's sewer
system, which include pump stations and the Biscayne Bay Crossing pipe construction; implement a
sewer allocation program to monitor and prevent overuse of the gravity and force -main collection and
transmission system. The FPCD also required Miami -Dade County to create a program, whereby non-
residential facilities would be monitored for grease discharge through a permit program. The Grease
Discharge Ordinance (#94 -132) was approved and adopted in June 1994 by the Miami -Dade County
Board of County Commissioners.
Prior to September 1994, no regulations existed for governing the operation of grease traps or interceptors
that discharge wastewater to the sanitary sewer collection system, although construction and installation
requirements were available under the South Florida Building Code (SFBC). In many cases grease
pretreatment devices were not considered where cooking facilities opened and only when considered by
the municipal building official. Recently, the building code was revised to demand grease pretreatment
devices to be installed where food is commercially prepared and/or served. The original intent for some
locations was for warehouses or non -food retail outlets, which later became food preparation
establishments therefore, not all restaurants have grease interceptors.
Chapter 24, Code of Miami -Dade County, addresses issues concerning sewage overflows caused by
grease - related blockages where raw sewage may carry harmful bacteria, viruses, pathogens and bio-
aerosols. The diseases they cause range in severity from mild gastroenteritis (cramps and diarrhea) to life -
threatening ailments such as cholera, dysentery, infectious hepatitis, etc. According to the Environmental
Protection Agency (EPA), forty -three (43) percent of sanitary sewer overflows were caused by pipe
blockages. The remaining fifty -seven (57) percent may have resulted from having an insufficient system
capacity, infiltration and inflow of groundwater and stormwater, power failures, and pipe breaks.
The problem of oil and grease blockages in sewer pipes is ,universal. Residential and non - residential
facilities contribute their share disproportionately, however efforts are being made to minimize the
number of grease blockages that may originate from non - residential sources through a permit program
that is administered by the County. In the process DERM has the ability to educate all users of oil and
grease on how grease waste can be minimized and properly disposed of to protect our fragile
environment.
1
F
I.
Everyone knows oils and grease are used for cooking, baking and preparing foods of all
variety, but few people realize that they are lipid -based compounds that originate from
animal and vegetable matter. Lipids are substances, including fats, oils, grease and
waxes, combined with proteins and carbohydrates, which make up structural components
of living cells. An important property of oil and grease is it's ability to separate and float
on water, in other words, they are hydrophobic compounds. Grease will tend to cling to sewer pipes and
the surface of a grease build -up causing a clog to form from the top of the pipe.
A. TRI- GLYCERIDES, MONO - GLYCERIDES AND DI- GLYCERIDES
f A grease molecule is made up of fatty acids attached to a glycerol molecule. The
technical names for grease molecules are mono - glyceride (one fatty acid with one
glycerol), di- glyceride (two fatty acid molecules with one glycerol), and tri- glyceride
(three fatty acid molecules with one glyceride).
Seed oils are 95 %, by weight, various tri- glycerides with the remaining weight composed of free fatty
acids. Tri- glycerides are chemically stable molecules and are difficult to break down. A small percentage
of lipids are mono - glyceride and di- glyceride.
PROPERTIES OF COMMON FATS AND OILS
Substance
Melting Point
Melting Point
*Density
*Density
° Fahrenheit
'Celsius
lbsJgal
kgA
Tallow
108
42
7.88
0.945
Palm Oil
95
35
7.63
0.915
Cocoa Butter
93
34
8.04
0.964
Coconut Oil
77
25
7.67
0.920
Palm Kernel Oil
75
24
7.70
0.923
Peanut Oil
37
3
7.62
0.914
Water
32
0
8.34
1.000
Cotton Seed Oil
30
-1
7.65
0.917
Olive Oil
21-
-6
7.66
0.918
Poppy Seed Oil
- 5
-15
7.71
0.925
Sesame Oil
3
-16
7.66
0.919
Soybean Oil
3
-16
7.73
0.927
Corn Oil
-4
-20
7.69
0.922
• Density is measured as mass per unit volume. In the case of oils and water, it is the measure of the
weight of the substance per gallon. As you can see the density of each oil substance is less than that of
water. Essentially, each substance will float on any water surface. Conversely, any substance with a
greater density will sink to the bottom. A perfect example of density is the addition of oil and vinegar.
Oil will float on vinegar because they have different polarities. This is why they never mix.
2
B. WHO GENERATES GREASE?
A variety of commercial, residential, public, private, and industrial facilities produce grease waste that is
discharged to the sanitary sewer system. They include:
1. COMMERCIAL:
Restaurants use a large amount of grease for processing and cooking. Most grease
and oil from fryers are collected and disposed of, however, some facilities utilize a
recycle company that will render the product. Bakeries, catering locations, bars and
grills, ice cream parlors, delicatessens, slaughterhouses, meat markets, and
supermarkets are common commercial facilities. A common misconception is that
ice cream, coffee shops, and sandwich delicatessens do not discharge grease waste.
Very few people realize that ice cream is nothing more than a bucket of fat, coffee beans contain a
high amount of essential oil, and cold cuts and mayonnaise are high in fat and grease.
2. RESIDENTIAL:
44 Residential locations are the greatest contributors of oils and grease into the
sanitary sewer collection system. Unfortunately, there are no regulations for
controlling the amount of oils and grease discharge on this level. It is the
responsibility of the resident, or property owner, to minimize the grease waste
discharged from the property. In certain cases, excessive, uncontrolled grease
waste can cause damage to a septic tank drainfield. Investigations are ongoing
where condominiums and high- density apartments would be required to have separate grease
waste line discharge to an in- ground grease interceptor system.
3. PUBLIC:
School kitchens and cafeterias, fire station kitchens, prison kitchens, hospital
kitchens, sports complexes, fairgrounds, parks and campgrounds, and other non-
commercial facilities where food is prepared. Most locations are required, under
the South Florida Building Code, to have grease interceptors installed. These
facilities will discharge a fair amount of sewage to the public sewer collection system.
4. PRIVATE:
Private facilities may include churches with full service kitchens, nursing
0 homes, resorts, college and universities, ships, country clubs, business clubs,
hotels, and other privately owned businesses where food is prepared. Most
private facilities such as these contribute a small amount of oil and grease to the
system because of the low volume of sewage discharged.
5. INDUSTRIAL
Some industrial facilities include airport catering, food processing plants,
Aft"16 industrial feeders, bottling plants, and other businesses where food products
are manufactured, usually on a large scale. Industrial waste is generally
regulated and monitored under the "Clean Water Act" of 1979.
3
C. TYPICAL GREASE WASTE LINE FLOOR DIAGRAM
A typical kitchen floor design will show several locations where grease waste flows to the outside grease
interceptor. Compartment and hand sinks, dishwashers, ice machines can or mop wash basins, and floor
drains are common entry points, however be aware that bathrooms have separate waste lines, which leads
directly to the sanitary sewer. A clean out is an access point to a waste line. This access point allows
plumbers the ability to remove items that may get stuck inside a pipe.
4
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hand
x
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Clear. Outs
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4
,l•��c,: }iF.`iC,: r;'��._sC'.�: >:�lf�ii:`I•E�� :L�l:',;•i1ti�
Grease pretreatment devices come in many forms. Before a unit is installed, it must be one that has been
approved of by the building officials of the tri- county area as required by the South Florida Building
Code. The most common type is the In- ground concrete system. These are the ones that range in volume
from 750 to 2000 gallons and have manholes as access entry points. Information in the Grease Discharge
Program reveals that eighty (80) percent of all grease interceptors are of the in- ground type. The next
most common type is the electronic recovery unit, or the automatic grease recovery units (AGRU), which
are followed by the manual grease recovery units (MGRU). Together they represent a little more than ten
(10) percent of the systems here. Roughly ten (10) percent of non - residential facilities, where oils and
grease are introduced to the sanitary system, do not have grease pretreatment devices at all.
A. IN- GROUND GREASE INTERCEPTORS
The majority of food service establishments utilize this type of grease interceptor as a pretreatment
device. They are large capacity outside interceptors for the most part, which are located in the front, on
the sides, or back of the facility, depending upon where the kitchen waste line exits the building. Easily,
they are recognized by their steel manhole covers with clean -outs before and after the system used for in-
line cleaning access. In some cases, there are some tanks that are made of fiberglass instead of reinforced
concrete. To save money some property owners may elect to utilize an abandoned septic tank in lieu of
installing a grease interceptor. The differences are few. Most concrete tanks will last a very long time if
they are properly maintained in a timely manner. If properly maintained, this type of tank should have a
life expectancy of twenty to thirty years, however the actual life is dependent upon how well the system is
taken care of, and what products are introduced. Chlorine is used to clean surface areas inside the kitchen,
but it is harmful to the concrete grease interceptor.
N
HOW IT WORKS
fLET
Kitchen waste from compartment sinks and floor drains enters the grease interceptor from the inlet side of
the tank. Usually the water is warm to hot with dissolved grease molecules. In time the water will cool and
grease will coagulate and begin to float on the water surface. Food particles will settle to the bottom until
removed by a liquid waste transporter. There is an outlet tee (or baffle) which allows the oil and grease to
remain inside of the tank and allow wastewater to flow freely to the sanitary sewer, or drainfield in the
case of someone having a septic tank system. The South Florida Building Code requires the outlet tee to
extend from the discharge point to within eight (8) inches off the tank bottom. If the system is properly
maintained in conjunction with a grease minimization program, then water discharged should contain oil
and grease of less than 100 mg/l, as a grab sample. When the system is poorly maintained the oil and
grease level can be higher than the level allowed by the Miami -Dade County Sewer Discharge Standard
(see Section IV, Building and Environmental Regulations).
E
B. AUTOMATIC GREASE RECOVERY UNITS
There are times when it may be impossible to install an in- ground unit at the facility. Another kind of
system that is approved by the building officials is the Automatic Grease Recovery Unit (AGRU). These
devices are electronic by design, to apply heat to liquefy grease prior to removal. Two systems are'
common in Miami -Dade County. They are Thermaco's "Big Dipper" and Zurn's "1190" systems. Kitchen
waste originates from sinks, floor drains, and other locations, therefore where the AGRU is installed is a
critical issue. It is important that each discharge point connect to the AGRU, otherwise some oils and
grease will be allowed to enter the sanitary sewer untreated. That's where the in -floor vault comes into
play. An in -floor vault is a concrete compartment found usually inside the kitchen, covered by a metal
plate. Many facility operators will mistake the in -floor vault for a grease trap. Actually, they are
constructed to hold the recovery unit. In some cases, the recovery unit is placed near the three -
compartment sink where a vault system is not available. AGRU's are never installed outside of the facility
due to the possibility of vandalism, and the affects of natural elements on the system. These devices have
shown the ability to rust under certain conditions.
Internal Solids
Strainer
Ef f luent Flow
Wiper Blade
Skimming Wheel Assembly
Solids Retention `
Area
Heating Element
HOW IT WORKS
Grease Skimmed Off Top
and Emptied Through
Outlet Sump Pipe
Water Flow
Grease Floats to
the Top
Outlet Weir
Clean Water Flows Under Weir (Baffle) Plenum
and Through Outlet Pipe
Automatic Grease Recovery Units (AGRU) are not designed to be an unattended device, that is, it
demands the facility operator take action to assure that it works properly. As you can see above, AGRU's
have moving parts, as well as, a heating element, which requires connection to an electrical outlet. One
may find an AGRU underneath a three- compartment sink, or inside of a vault in the kitchen area. A vault
situated AGRU will accept wastewater from floor drains, as well as, from the sink, but the under the sink
units will accept flow from the sinks only. Wastewater flows from the inlet pipe, then to a metal strainer
in the solids retention area. The strainer collects food particles and allows wastewater to enter the system.
The strainer must be cleaned periodically to prevent a stoppage of water flow to the system, also, if not
cleaned, it may cause an odor problem. A heating element warms the water inside to allow the oil and
grease to be skimmed off, collected and discharged through an outlet sump pipe. The oil and grease is
collected in a reservoir to be disposed of with the solid waste.
6
C. MANUAL GREASE RECOVERY UNITS
Like the electronic system, the Manual Grease Recovery Unit (MGRU) is designed to control the amount
of grease discharged to the sanitary sewer system. The major difference of each system can be measured
in terms of unit price and how each system works. Automatic grease recovery units are electrical,
whereas, manual grease recovery units are simple iron cast containers with baffle separation technology.
They are design to be low maintenance low cost grease pretreatment devices. Each unit requires frequent
maintenance to ensure the system functions properly, however the MGRU does not have moving parts
and require no electrical connection.
In lat
' Air Intaka
or Vent
putlat
Gravity brow -Off
HOW IT WORKS
Wastewater flows into the unit through an inlet pipe from a three - compartment sink. An air intake or vent
is required. This allows water to flow through the pipe to the system. Although some units are located
outside of the building, they are usually situated inside the kitchen area. Some may be located in a vault
compartment, however this is rare. The water enters a small, baffled compartment, where the sediment
bucket lies, then to a larger area when the oil and grease is separated from the water. Similar to an in-
ground system, the effluent (water leaving the system) goes through a baffled compartment to the
discharge point. If properly maintained, the effluent should contain less than 100 mg/l, oil and grease.
D. PROBLEMS AND FREQUENCY OF MAINTENANCE
Maintenance of a grease pretreatment system is just as important as using one. It begins
with education of the system and understanding how it should be operated to achieve
maximum treatment. It is important that the facility operator knows what kind of system
he uses, what are the system's limitations, what kind of waste goes into it, why some
chemicals are not used, and most of all, where the system is located. Automatic and manual recovery units
require daily maintenance, however in- ground grease interceptors should be inspected once per month and
cleaned on a regular basis. The actual amount of solids accumulation is dependent upon many variables,
like the number and size of the tank system, customer volume, water usage, etc. In most cases, in- ground
grease interceptors need to be pumped out, or cleaned on a quarterly schedule.
Contrary to popular belief grease interceptors usually do not have the same life span as the building
structure. In fact, when they are not properly maintained on a regular basis organic acids and solvents will
begin to dissolve the concrete walls, thereby causing the contents to exfiltrate to the groundwater supply.
To keep your in- ground concrete grease interceptor in good working condition you should abide by each
permit condition and follow the advice of the regulatory department.
E. KEEP YOUR GREASE INTERCEPTOR SYSTEM IN GOOD WORKING ORDER
Do not pour prohibited substances such as chemical solvents, bleach, or acids down your drains.
Not only will acid ruin your pipes, it can destroy the beneficial grease eating bacteria. Chemical
solvents may temporarily alleviate a clog and the problem becomes somebody's downstream.
Solvents are prohibited for use in a grease interceptor and may be costly in penalties under
enforcement provisions of Miami -Dade County.
2. Have the total content of the grease interceptor removed on a routine basis or as often as
necessary to prevent problems that may occur with your system. If grease is left to
accumulate inside a grease interceptor, it will harden and removal may be difficult and costly.
3. When a leak is discovered, a qualified Liquid Waste Transporter or Plumber may be able to repair
the tank before severe damage occurs. If the problem persists, then a new interceptor will have to
be installed to prevent further contamination of groundwater.
4. Each in- ground grease interceptor is required, by the South Florida Building Code, to have steel
manholes covers over the inlet and outlet areas, as well as, an outlet tee or baffle extending to
within eight (8) inches of the tank bottom. In some cases, the outlet tee will disconnect from the
tank during maintenance operations and is often found on base of the interceptor. At each pump -
out inspection the tank is checked for damages that may have occurred since the last maintenance
cycle. Make sure the outlet tee is in place.
5. Do not landscape or pave over the grease interceptor. Specific conditions of the operating permit
requires access to the interceptor. Usually, grease interceptors that are covered are the ones that
are not attended to on a routine basis. The DERM Inspector will initiate enforcement action to
assure access is available and maintained for each interceptor.
Penalties for violating the Miami -Dade County Environmental Protection Ordinance
may cost up to $500 per day and can lead to civil action against you in a court of
competent jurisdiction. You may contact DERM at 372 -6500 for assistance in solving
your grease related problems.
A. Best Management Practices for Grease Discharge
Grease waste minimization begins at the source. Every kitchen should have a manager, or
someone in charge of overseeing proper waste disposal from the beginning to the end of
the kitchen operation. This person must be able to recognize common practices and modify
them so that grease wastes controlled at the discharge point. By having a sound plan for
grease disposal, the facility operator may save hundreds of dollars in reduced maintenance
and plumbing cost. The following practices can help in reducing grease waste:
1. Do not pour oils and grease down your sink, instead collect grease onto paper towels (if possible)
and place used oils and grease in a leak proof container. You may dispose the used oil and grease
with your solid waste.
2. Do not use prohibited substances such as chlorine, acids, and solvents with your grease
interceptor. These prohibited substances can cause major damage to your grease pretreatment
system.
3. Recycle your used oils with a company that will render it to make other products such as soap and
animal food.
4. Do not dump food waste which are high in fat content down the disposal, the garbage bin is the
best way to dispose unwanted scraps.
5. Get to know your grease interceptor by inspecting it before and after each cleaning. The
interceptor should be free of liquid and solid grease that may cling to the interior walls.
6. Remove the contents in your grease interceptor regularly and properly. By not maintaining your
grease interceptor properly, repair and pump -outs may become costly.
7. Repair your grease interceptor promptly when a problem has surfaced. You may be contaminating
Miami -Dade County's drinking water source by allowing damaged tanks to exist.
8. Become aware of each Specific & General Condition of your Annual Operating Permit. Penalties
may be costly and are avoidable if violations are corrected in a reasonable timeframe.
For More Information on the Grease Discharge Program
Call DERM at (305) 372 -6500
1
Ism
y'_ Write to us at:
1
Miami -Dade County - DERM
Grease Discharge Program
33 S.W. 2nd Avenue, Suite 500
Miami, Florida 33130 -1540
91
Dade Countv Grease Discharge Monitor Program (305) 372 -6500
what is DERM?
Acknowledging the need to establish a comprehensive environmental program,
for Miami -Dade County, the Board of County Commissioners created the
Department of � Environmental Resources Management (DERM) in 1974 to
regulate and manage activities affecting our fragile environment. From a meager
beginning with a handful of employees, DERM is now considered one of the
leading local environmental regulatory and natural resources management
programs in the United States.
The Department conducts comprehensive monitoring programs, such as the
Grease Discharge Program, to track water quality trends. Samples collected by
DERM field personnel are analyzed by the Department's EPA approved -
laboratory. The Department has an aggressive enforcement program to ensure
compliance with air and water quality standards and other provisions of Chapter
24, Code of Miami -Dade County. DERM's Enforcement Division frequently
pursues civil and criminal charges against violators.
As the population in Miami -Dade County continues to increase, the
environmental problems we face will become more complex and critical. Planned
future programs will involve stormwater management, enhanced air pollution
control programs to combat the greenhouse effect and global warming, and the
development of pollution prevention and waste management programs.
DERM's services are available 24 hours per day. So if you see a pollution
problem, please call 372 -6955. By working together, DERM can insure a cleaner
and better quality of life for future generations.
If you have any specific questions relating to programs administered by the
Department, please call 372 -6789 or write to:
Miami -Dade County
Department of Environmental Resources Management
33 S.W. 2nd Avenue, 12th Floor
Miami, Florida 33130 -1540
Please forward your questions on the Grease Discharge Program to the
Wastewater Section, 5th Floor.
BERM
BE ORWATIONUF 33 SW 2nd Avenue, Miami Florida 33130 -1540
DADS COUATY6REASE DISCHAR6E Aff 0G "I,
General Information ................ .......................372 -6500
Program Manager ............... ............................372 -6508
Liquid Waste Transporters
Program .......................... ............................... 372-6820
Dade County Planning &
Development Department ..... .......................375 -2500
DERM Complaint Desk ......... .......................372 -6955
DERM 24 Hour Complaint ... .......................372 -6955
FOR MOR- E, BVIFORMA TIONK, t t V t t t V t
WRITE TO: DADS COUN TY6REASE DISCHARGE PROGR."
WASTEWA TER SECTION
33 S. X/. 2ND A YENUE, SUITE 500
ML4MI, FLORIDA 33130-1540
Agenda Item No 7 (S)
6- 21 -94-
ORDINANC6 NO. 94-132
ORDINANCE RELATING TO GREASE TRAPS; AMENDING
SECTION 24 -30 OF THE CODE OF METROPOLITAN. DADE
COUNTY, FLORIDA, RELATING TO APPROVAL OF PLANS;
AMENDING SECTION 24-33 OF THE CODE OF
METROPOLITAN DADE COUNTY, FLORIDA, RELATING
TO STANDARDS FOR PREPARATION OF PLANS;
AMENDING SECTION 24 -35.1 OF THE CODE OF
METROPOLITAN DADE COUNTY, FLORIDA, RELATING
TO OPERATING PERMITS; .AMENDING SECTION 24 -37(2)
OF THE CODE OF METROPOLITAN DADE COUNTY,
FLORIDA, RELATING TO ABNORMAL OCCURRENCES; Of
PROVIDING SEVERABILITY, INCLUSION- IN THE -CODE, Y
AND AN EFFECTIVE DATE
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF
DADE COUNTY, FLORIDA:
Section 1. Section 24 -30 of the Code of Metropolitan Dade County, Florida, is hereby
amended as follows '
Sec 24 -30. Plan approval required.
(1) Waste water facilities. It shall be unlawful for any
person to enter into or let a contract for or to commence the
installation, extension, or operation of any sewerage system or
waste treatment facility or any industrial waste disposal facility
without first obtaining the prior written approval of the Director .of
the Department of Environmental Resources Management or his
designee. It shall be unlawful for any person to make any
enlargement, alteration or addition to any facility, or commence the
construction of any facility, that will reasonably be expected to be a
source of water pollution without first obtaining the prior written
approval of the Director of the Department of Environmental
Resources Management or his designee. No building permit
involving the generation or discharge of effluents shall be issued by
Words stricken through shall be deleted. Underscored words constitute the amendment
proposed Remaining provisions are now in effect and remain unchanged
fAtI:
ri
Hon. Chairperson and Members
• Board of County Commissioners
Page No. 3
otherwise control' discharges of grease and oil from
nonresidential land uses to the sewer system,
including consideration of the proposed. ordinance.
6. whether another ordinance which is already in
existence shoo d be repealed or amended: No. However,
it requires amendment to Chapter 24 of the Code of
Metropolitan Dade County, Florida, in order to create
the proposed permitting program.
7. Whether the creation of -a new ordinance is the best
and most direct method of achievin the berfefit
desired: Enactment and implementation of the proposed
ordinance is believed to be the best and most
effective method of achieving the desired results..
0
e
Agenda Item No 7 (S)
Pagc 2
the County or any municipality unless the application for a building
permit has been approved by the Director of the Department of
Environmental Resources Management or his designee.
The provisions of this section shall not apply to facilities
discharging only domestic wastes to a public sewer system
approved by the Director of the Department of Environmental
Resources Management or his designee. Notwithstanding, the
foregoing the12rovisions of this section shall apply to facilities
discharging only domestic wastes to•a public sewer system
approved by the Director of the Department of Environmental
Resources Management or his designee if the facilities vrovide any
form of pretreatment in conjunction with a crease trap.
Y •
Section 2. Section 24-33 of the Code of Metropolitan Dade County, Florida, is hereby
amended as follows:
Sec. 24 -33. Standards for prepafation of plans.
*
(3) Grease traps shall be provided and installed in
accordance with the rules and regulations promulgated under the
provisions of this Chapter. At a minimum_ all grease trans
discharging to publicly or privately -owned or operated sanitaD,
sewer collection systems shall be provided with a sampling point on
the efiluent•discharge side of the grease trap, Wastes containing
sizable quantities of grease such as those produced by restaurants
shall not be deemed suitable for disposal into tilt drainfields.
*
f rir :01
Agenda Item No 7 (S)
Page 3
Section 3, Section 24 -35.1 of the Code of Metropolitan Dade County, Florida, is
hereby amended as follows:
Sec. 24 -35.1. Operating permits.
* *
18 Any nonresidential facility, including. but not limited
to restaurants bakeries hotel and cafeteria kitchens, processing
plants or such other nonresidential facilities discharging into a
Rublicly orrRrivately -owned or operated sanitary sewer collection
system if oil and crease can be introduced into a sewer by such f
nonresidential facility in quantities which have the potential to affect
or hinder the operation of sewage collection transmission or
treatment facilities.
* *
Section 4. Section 24 -37(2) of tRi Code of Metropolitan Dade County, Florida, is
hereby amended as follows-
f'K1- .
Sec. 24 -37(2) Abnormal Occurrences.
* *
(2) Power to stop operation of facility. If in the
judgment of the Director, Environmental Resources Management,
the abnormal operation of any facility, equipment, process, or plant
is causing or will cause air pollution or water pollution to such
extent as to be or become dangerous to the public health, safety or
welfare, he may require such corrective measures as may be
necessary for the protection of the public on an emergency basis,
and he shall have the power and authority to cause all operation of
the facility or plant to cease until appropriate corrective measures
have been taken by issuing an order to the owner or operator
thereof directing the cessation of the operation- or by ordering the
utility providing water service to the facility or plant to cease
providing such service
12
Agenda Item No 7 (S)
Page 4
Section 5� if any section, subsection, sentence, clause or provision of this ordinance is
held invalid, the remainder of this ordinance shall not be affected by such. invalidity.
Section 6 It is the intention of the Board of County Commissioners, and it is hereby
ordained that the provisions of this ordinance shall become and be made a part of the Code of
Metropolitan Dade County, Florida. The sections of this ordinance may be renumbered or
relettered to accomplish such intention, and the word "ordinance" may be changed to "section,"
"article," or other appropriate word.
Section 7. This ordinance shall become effective ninety (90) days after the date of
enactment.
PASSED AND ADOPTED: jU41 2 1 1994
Approved by County Attorney as
to form and legal sufficiency. AA 6
Prepared by:
IM11.,.
I&
STATE OF FLORIDA ) -
• ) SS:
COUNTY OF DADE )
1, HARVEY RIlV I N, Clerk of the Circuit Court In and for Dade county.
Florida. and Ex -Officio Clerk of the Board of County Ca missioners of said
• County, DO FAY CERTIFY that the above and foregoing is a true and correct
.TLM 21 1994
as appears of record.
I N W I TrESS WERBOF. I have hereunto set my hand and of f i p l a l sea l on
this 14 day of JULY A.D. 19 94
Gpthhi %SS•'•.
-% a D f iC
z 5EITY1 m
I I., /1 7 %Sit t 1 4
HARVEY R! IN l tai. Clerk
Board of County CanTiIssioners
Dade County. Florida
Board of County Ccrffnissioners
aide County. Florida
Miami -Dade County - DERM
Grease Discharge Program
Best Management Practices
What is DERM's Grease Discharge Program all about?
In 1993 Miami -Dade County was inundated with sewer problems countywide from the potential
failure of the Biscayne Bay pipeline to the frequent overflows of sewage into the Miami River.
Miami -Dade Water & Sewer Department evaluated their system, determining that grease
blockages played a major role in most of the problems associated with the huge sewage collection
system As a result of the First Partial Consent Decree (FPCD) between the United States Government and
Miami -Dade County Government, DERM created a program which serves several functions, to monitor all
non - residential facilities that have the ' potential to harm the public sewer system through grease discharge,
enforce correction of grease pretreatment systems which are non - functioning, or need repair, and those which
are contaminating the groundwaters of the County, to monitor facilities without grease pretreatment and
enforce the Miami -Dade County Discharge Standard when a violation has occurred, to educate the public
about potential problems caused by grease and to assist in minimizing grease discharged to the collection
system.
What is grease?
Everyone knows that oils and grease are used for cooking, baking and preparing foods of all
variety, some for private consumption such as in residential homes and some for commercial
consumption as in restaurants and cafeterias. Few people realize that grease, fat, and oil are lipid -
based compounds that originate from animal and vegetable matter. Lipids are substances,
including fats, grease, and waxes, combined with proteins and carbohydrates that make up structural
components of living cells. A grease molecule is made up of fatty acids attached to a glycerol molecule. The
technical names for grease molecules are mono - glyceride, di- glyceride, and a tri- glyceride.
Who generates grease?
i Wastewater that ends up in Miami -Dade County's sanitary sewer system originates from a variety
of sources like, residential, public, private, and industrial facilities. Residential locations such as
private homes, apartment buildings, and condominiums discharges much of the grease waste that
end up in our sewers, although many locations such as restaurants and cafeteria kitchens where no
grease pretreatment is available and those with poorly maintained systems discharges grease waste also. Public
places like schools, hospitals, and fire stations, for example, are facilities that generate grease wastes. Private
facilities, like churches, use full service kitchens for fundraising events. Industrial facilities include meat, fish,
and dairy processors. Takeout pizza parlors, yogurt stores, delicatessants, coffee shops, sandwhich shops, and
small corner cafes, to name a few, are included as small quantity generators.
• What are problems caused by excessive amounts of oil and grease?
Problems range from clogged sewer pipes and drainfield to sewage spills and overflows on
city streets and roadways. Miami -Dade County DERM implemented the Grease Discharge
Program as a mechanism to monitor and enforce grease problems associated with
pretreatment systems, as well as to educate the public about grease control in waste
-1-
F_**W?EZ%W8rOMP2
discharges. The problems associated with grease include blocked sewer lines, rancid odors, potential health
hazards, pump station failure, and increased sewage loading at the sewage treatment plant.
What are best management practices?
Best management practices are practices that a commercial facility operator or anyone who cooks
or prepares food can utilize to mini nize the amount of grease being discharged from his home or
business. They include the following:
1. Recycle oil and grease. In many cases they can be reused at a later time. Remember to place the
container in a cool location such as your refrigerator.
2. Do not pour grease into your sink. You may clog your pipes as well as damage your sewer discharge
system Run hot water for flushing in case some grease is accidentally discharged into your sink.
3. Do not allow food particulates into your sink or garbage disposal unit. Use a sink strainer and dispose
all food matter into your garbage bin or container prior to dishwashing. Be aware that waste from the
disposal units go directly to the sanitary sewer system
4. Remove as much oils and grease from your utensils and dishes with a paper towel. Properly dispose of
the paper towel with your solid waste. Dispose of all containers, boxes, or other items that are
saturated with grease with your solid waste.
5. Never dump grease waste into your toilet or sanitary system The sanitary and the grease waste lines
are two separate discharge lines and by doing so, you may damage your sanitary sewer system as well.
6. Contact a grease recylcler for advise on how to dispose of your commercial grease waste. Call your
plumber if you have a problem with your sewer discharge system (if you are on a septic tank/drainfield
develop a maintenance plan for periodic waste content removal).
7. Call 372 -6500 for grease related advice. An environmental inspector will be available to answer
questions regarding minimization and disposal of oil and grease waste.
• • What must I do to help?
• You can start by educating yourself and others on the problems, costs, and safety
. _ hazards of improper grease disposal then putting each item above into practice.
•. Remember the sanitary sewer system can not work properly when it is clogged and
overflowing from grease blockages. Commercial facility operators should become
familiar with each specific condition of his/her grease discharge permit (failure to abide by the specific
conditions may result in a requirement of you, as the permittee, to provide grease pretreatment). If you have
any questions, please telephone (305) 372 -6508.
For More Information
Write to: Miami -Dade County Grease Discharge Monitor Program
33 S.W. 2nd Avenue, Suite 500
Miami, Florida 33130 -1540
-2-
E, %TWPE "OB"UPZ
DENA Miami -Dade County - DERM
Grease Discharge Program
ecuetuorr et rwionrrrrru rraeuxfl uuueEVErr
Frequently Asked Questions About the Program
1. What is the Purpose of the Grease Discharge Monitor Program?
The program was created by the Department of Environmental Resources Management (DERM) to comply
with the 1993 First Partial Consent Decree between the United States Government and Miami -Dade
County. In doing so, DERM enforces regulations concerning grease discharge to the sanitary sewer system
under the Grease Discharge Ordinance ( #94 -132) to eliminate or control the discharge of oils and grease
from non - residential users.
2. What is required of me with this program?
You are required to apply for a Grease Discharge Operating Permit for your facility if you are a non-
residential facility operator discharging wastewater containing oil and grease waste. If you have a grease
interceptor (or recovery unit), then you are required, under the South Florida Building Code and Chapter 24,
Code of Miami -Dade County, to maintain the integrity of your system and to have all contents removed on a
periodic basis. If you do not have a grease pretreatment device, then are required to obtain an operating
permit to discharge oil and grease. Grease pretreatment may be required if your facility discharges effluent
containing Oil and Grease concentrations greater than 100 parts per million as a grab sample.
3. Who must obtain a permit?
Owners or operators of the following types of facilities must apply for and maintain a valid permit for the
time they are in business:
a. Food processors
b. Food preparers that serve to the public
c. Meat and /or fish processors.
All facilities that operate grease interceptors connected to the public sanitary sewer systems must obtain an.
operating permit. Facilities may consist of bakeries, cafeterias, catering kitchens, fish markets, hospitals,
hotels, sandwich shops, schools, supermarkets, and other such non - residential sources that discharge oil
and grease to the public sanitary sewer system.
4. By what authority are these facilities required to obtain operating permits?
Section 24 -35.1, Code of Miami -Dade County provides DERM with the authority to issue operating permits
to facilities referenced above.
5. Who are exempt from the permit process?
Residential buildings, facilities on septic tank/drainfields and all non - residential facilities located within the
City of North Miami service area are exempted. Only non - residential facilities that discharge wastewater to
the County's sanitary sewer system are required to obtain and renew the operating permits.
6. What if I do not have a grease interceptor and my facility is connected to the
public's sanitary sewer system. Do I have to apply?
Yes, Miami -Dade County Ordinance #94 -132 stipulates that non - residential facilities discharging
wastewater containing oil and grease must obtain an operating permit. Section 2445.1 gives the Director,
Environmental Resources Management the authority to enforce rules conceming permit issuance. If you do
not have a grease pretreatment device, then you must still apply for the permit to discharge oil and grease
effluent. Facilities without approved grease pretreatment shall be issued a grease discharge permit. Such
facilities shall maintain their operating permits and shall not exceed the discharge standard of 100 parts per
million (mg/1) for oil and grease. If it is determined, through sampling, that the concentration of oil and
grease exceed the limit of 100 mg/I, then the operator shall be require to install a grease interceptor as a
pretreatment for oil and grease. Be advised that the SFBC regulates installation of grease interceptors and
that you must take appropriate actions with the Building Officials for plan submittal and approvals. Best
Management Practices (see question #8 for an explanation) may be useful in determining the need for a
grease pretreatment, however, changes in operating practices or services may require grease
pretreatment.
7. What if I fail to apply for an operating permit?
DERM has the authority to take the necessary action to ensure the protection of the sewage
collection/transmission system and all environmental concerns of Miami -Dade County. If you choose not to
comply with the Grease Discharge Ordinance, you will then be subject to enforcement action, which may
lead to civil action against you in a court of competent jurisdiction.
8. I serve only sandwiches, coffee, and ice cream and do no cooking. Do I need a
grease trap and do I need a permit?
Ice cream contains milk fat; coffee contains essential oils; and some types of sandwiches contain meat with
fat. These products, although they may not contain as much grease waste as other types of food, will
generate a substantial amount of grease over time. You may or may not require a grease interceptor, but
there are two options you may decide upon with regards to the grease discharge program: #1. You may
.apply for an operating permit and submit a Best Management Practices (BMP) to DERM for your operation
listing each item served by your business; detailing how you operate your business to reduce grease waste
discharged from the facility; and by submitting the facility's effluent sample results once per year; or #2.
Section 24 -48 of the Code of Miami -Dade County allows you to seek a variance or extension of time for
compliance with the Environmental Quality Control Board (EQCB) which may, if decided by the EQCB,
exempt you from the program. If you are utilizing a grease interceptor, then you are required to have a
permit.
9. How much is the permit fee?
The basic fee is $100.00 per facility for a two -year permit, although the cost may vary with other conditions,
such as multiple -use or multiple location grease interceptors. Permits are non - transferable and each facility
operator must obtain his own permit.
10. What if I operate my facility without a valid permit?
1
Approximately forty -five (45) days before your permit expires you will be notified by mail with a renewal
application to be submitted with the renewal fee. If you do not renew within the stipulated period, a NOTICE
OF VIOLATION letter will be sent to you allowing another fifteen (15) days to renew. Afterwards, an
UNIFORMED CIVIL VIOLATION NOTICE shall be posted or mailed to your business mail address for non-
payment of required fees. The penalty includes a double permit fee, administration cost and the penalty
cost of the ticket (UCVN).
111. How often will my facility be inspected?
As often as necessary to ensure proper maintenance is being applied to the grease pretreatment systems .
and their structural integrity is intact. Usually, the initial inspection process may take up to three inspections,
then the facility may be inspected once per year afterwards if the traps are working as designed. Facilities
without pretreatment devices may be inspected for compliance, at minimum, once per year
112. During an inspection what will the DERM personnel look for?
The pollution control inspector or environmental technician will check the kitchen area for inside grease
interceptors, floor drains, grease treatments using bacteria and enzymes and solvents which are prohibited
from being_ used with a grease interceptor, then he /she will look at the grease interceptor to evaluate it's
structural integrity. This is usually done during a pumpout of the system. If there are problems associated
with the system you will be given a NOTICE to correct by the Inspector.
13. Will my grease interceptor be sampled?
Yes, wastewater or effluent generated by the use of any treatment system including grease interceptors
shall be sampled for verification of compliance with the Miami -Dade County Sewer Discharge Standards.
For oil and grease, the limit on a grab sample is 100 mg/I. If the standards are exceeded, then the operator
will be notified in writing to bring the system into compliance. A copy of the Miami -Dade County Sewer
Discharge Standards may be obtained from the Wastewater Section of DERM.
74. What if I fail to correct the deficiencies required by DERM?
Under Section 24 -37.2, Code of Miami -Dade County the Director of DERM has the power to stop the
operation of a facility if it has been so determined to cause water pollution to such an extent as to become
dangerous to the public health, safety or welfare. Also, he can order the utility providing water service to the -
facility to cease providing such service.
15. Are there any treatments available that are accepted for use with a grease
interceptor?
Bacterial treatments in conjunction with enzymes may help eliminate some grease. These treatments are
allowed by DERM, but solvents are not allowed under any circumstances. If you are using a treatment
process you are required to submit a Material Safety Data Sheet on the treatments used to DERM.
16. What types of grease interceptors are there?
Most systems are called in- ground (IGT) types, usually located in the rear, side or front of the building.
They are made of concrete or fiberglass and have two manholes above the inlet and outlet tees. They
should be cleaned at minimum once every three months. The second most common type is an automatic
grease recovery (AG RU) unit, usually a "Big Dipper" for the Thermaco Units or Zurn 1190 unit. It is located
either at above ground level usually under a sink or below ground level in a vault type setting. They must be
cleaned daily to minimize clogs. A third type is an above ground interceptor (AGT) which range in size from
200 to 600 gallons and are found in a basement or store room setting. The final type is called a manually
cleaned grease interceptor (10 to 30 gallon capacity) of which are no longer approved for use by the
Building Department. They are metal and the cover is bolted on a box frame. You must check with your
Municipal Building Official for procedures on how to install a grease interceptor.
117. Should I obtain approval for modifications to my system?
Yes, DERM must be notified when repairs are being done and/or when upgrades are being made to the
system. This allows us to update the permit to reflect the new changes. New installations must be approved
by the Municipal Building Official in your area before work is attempted. Repair work does not need
approval by either Department.
78. Who is available to pumpout my grease interceptor?
You may obtain a list of certified liquid waste transporters from DERM by writing or calling the Program
Manager below. If an unlicensed transporter is being utilized and/or does not dispose of the waste at an
approved disposal site, then you may be liable for illegal dumping of waste along with the unlicensed
transporter. Information on the Liquid Waste Transporter Program for Dade County may be obtained by
contacting Mr. Jim Ernst, of the Hazardous Waste Section, at 372 -6804.
19. What can I do to ensure that the Inspector gives my facility a "clean bill of
health"?
By reviewing and complying with the specific and general conditions on the operating permit and following
your Best Management Practices Plan. These measures greatly reduce the chance of having problems.
20. Where can l.obtain additional information?
If a concern surfaces which is not referenced in this document, the Derrick Roby, of the Wastewater
Section, can be contacted for additional information by calling (305) 372 -6508 or by writing to:
Miami -Dade County - DERM
Grease Discharge Program
33 S.W. 2nd Avenue, Suite 500
Miami, Florida 33130 -1540
or by calling these numbers .
Z General Information . ............................... .......................372 -6500
Program Manager .... ............................... .......................372 -6508
Liquid Waste Transporters Program .......... .......................372 -6820
1 Dade County Planning & Development Department .......... 375 -2500
DERM Complaint Desk ........................... .......................372 -6955
DERM 24 Hour Complaint ...................... .......................372 -6955
4
METROPOLITAN DADE COUNTY, FLORIDA
MEMO OADE
ENMOHM MAL RESOURCES UMAGMEHT
DADE COUNTY SEWER DISCHARGE STANDARDS WATER AHD GEWER otvMM
xi B.W. &W AVENUE
Abstract - Effective 4/28195 Bui 1 600
MIAMI. RDWA =30 -tso
- t30S� 972500
Chemical, Physical or
Biological
Characteristic Standards
Biochemical oxygen
demand 145 Ibs/day and < 200 mg/l(surcharge)
Total suspended solids 145 Ibs/day and < 200 mg/l
00 and Grease 100 mg1l or 50 mg/l as daily avg.
Dlmtved Hydrocarbons 50 mg11
Temperature 150 °F and shall not cause the
plant Influent to exceed 1040 (400) or
lnhibit biological activity.
pH 5.5 - 9,5 or capable of causing damage
or hazard to structures, equipment, or
personnel of the sewage system.
Ammonia 100 mg/l
Arsenic 0.1 mgA '
Barium 50.0 mgA
Cadmium 0.5 mg/l (for sources operational
after 8/31182: 0.25 mg1i)
Chromium
Hexavalent:
0.5 m94
Total:
1.0 mg/l
Copper
0.5 mgA
Lead
0.3 mgA (for battery
manufacturing: 0.1 mg/1)
Mercury
0.01 mgA
Nickel
1.5 mg/1
Selenium
0.5 mg/l
Silver
0.4 mgA
Thallium_
0.05 mg/l
Zinc
1.0 mg/I
Total metals
2.0 mg/1
Total Toxic Organics (TTO)
2.0 mg/l
Total Hazardous Organic
2.0 mgA (testing shall be limited
Materials (THOM)—
to those organics
expected to be present)
Cyanides, total 0.1 mgA
Phenols 2.0 mg/l
PCB's 0.008 ugA
Consult DERM Wastewater Section for further
Information of THOM limitations.
001201
reasonably
ijaae t-ouniv vrease liiscnar
3
Having Your Grease interceptor Pumped
out
Your grease interceptor is a part of the building structure that is valuable in reducing grease
concentrations discharged to the sanitary sewer system. It's effectiveness is reduced as the
amount of grease waste put into it increases. In other words, it can only hold a certain
amount of grease for the amount of flow it receives. Like any tank being temporarily filled,
the grease interceptor must have it's contents removed and it has to be cleaned on a periodic
basis. By having and adhering to a good maintenance program, you can be assured that your
grease interceptor will last a long time. To keep your inground concrete grease interceptor in
good working condition you should adhere to the following suggestions:
1. Do not pour prohibited substances such as chemical solvents or acids down your
drains. Not only will acids ruin your piping, it will destroy the 'beneficial bacteria that
helps remove grease. Chemical solvents may allieviate some grease problems such as a
clog, but they are prohibited for use in a grease interceptor.
2. Have the contents of the grease interceptor removed on a routine basis or as often as
necessary to prevent problems that may occur with your system. If grease is left to
accumulate inside a grease interceptor, it will harden and removal may be difficult -
and costly. When your grease interceptor is being serviced make sure the following
items are checked or noted:
a. The Liquid Waste Transporter (LWT) is certified and have a valid license to do
the work for you. If he is caught illegally dumping your waste, you may be liable
along with him for damages and penalties.
b. The LWT has the right equipment to do the job. He may need to have a large
tank that can hold up to 4000 gallons of waste and a pressure cleaner to remove
solidified or thick grease from sidewalls and bottoms.
C. The LWT completes the job required of him.
d. Do not allow waste materials to be returned to the grease interceptor. You may be
fined if a LWT discharges grease waste into your interceptor.
e. Become familiar with your grease interceptor and inspect it before the LWT
leaves the site.
f. If you require DERM's assistance during a grease intercetor pumpout, please
telephone the Program Manager at (305) 372 -6508.
Penalties for violating the Miami -Dade County Environmental Protection Ordinance can cost
up to $500 per day and may lead to civil action against you in a court of competent
jurisdiction. Contact DERM at 372 -6500 if you are in need of assistance to solving your
grease related problems.
Be wise and follow the environmental rules implemented to protect the citizens of Dade County!
��.
I _ _
Contrary to - popular belief grease interceptors usually do not have the same life span as the
building structure. In fact, when they are not properly maintained on a regular basis organic
acids and solvents will begin to dissolve the concrete walls, thereby causing the conten�s to
exfiltrate to the groundwater supply. To keep your inground concrete grease interceptor in
good working condition you should adhere to the following suggestions:
Do not pour prohibited substances such as chemical solvents or acids down your
drains. Not only will acids ruin your piping, it will destroy the beneficial bacteria that
helps remove grease by eating it. Chemical solvents may allieviate some grease
problems such as a clog, but they are prohibited for use in a grease interceptor and may
be costly in penalties under enforcement provisions of Dade County.
2. Have the contents of the grease interceptor removed on a routine basis or as often as
necessary to prevent problems that may occur with your system. If grease is left to
accumulate inside a grease interceptor, it will harden and removal may be difficult
and costly.
3. When a leak has been discovered usually a qualified Liquid Waste Transporter or
Plumber can repair the tank before severe damage occurs. If the problem continues,
then you may have to install a new interceptor.
4. Each inground grease interceptor is required by the South Florida Building Code to
have steel manholes covers over the inlet and outlet tees as well as an outlet tee or
baffle that extends to within eight (8) inches off the bottom of the tank. In some cases
the outlet tees are broken off and are found laying on the bottom of the tank. Upon
every pumpout of the tank inspect it for damages that may have been happened during
maintenance. Make sure the outlet tee is in place.
5. Do not landscape or paveover the grease interceptor. The DERM Inspector will initiate
enforcement action to ensure access at each interceptor is opened and maintained.
Penalties for violating�t�he Dade County Environmental Protection Ordinance can cost up to
$500 per day and may lead to civil action against you in a court of competent jurisdiction.
Contact DERM at 372 -6500 if you are in need of assistance to solving your grease related
problems.
Se Nm-lme axed follo%mr the enYirozzmeatal rulam
implemeznted to protect the citizenly of Dade Countyi
Dade County Urease liiscnar a Monitor YroQram 3U5 372 -65UU
Applying For Your
Grease Discharge annual operating
Permit
All non - residential facility operators that prepares or processes food to be served to the
public must apply for their annual operating permit if their facility discharges oil and grease
to the public sanitary sewer system. Facilities in the City of North Miami Utility Service
Area are exempted from Miami -Dade County's program and are inspected by that municipal
government. The operating permit is valid for up to two years and must be renewed as long
as the operator utilizes the sewer system by discharging oils & grease.
Grease Discharge Operating Permits are non - transferrable, therefore new owners must
obtain their permits through the Wastewater Section of DERM. Applications can be filed
during the Certificate of Use and Occupancy application phase, Building Plan Review, or at
the DERM Office. Some applications are given at the time of the initial inspection and
should be completed and mailed with the correct application fee.
Applications are processed and permits are usually mailed to the applicant in two to three
weeks if there is no problem associated with processing. New construction facility applicants
are mailed permits upon completion and inspection of the grease pretreatment system.
Renewal periods are from November to January and from May to July allowing ample time
to submit the completed application form and fee. Failure to renew your annual operating
permit is a violation of Section 24 -35.1, Code of Miami -Dade County and severe penalties
may incur if payment is not received in a timely manner starting with a NOTICE OF
VIOLATION (NOV). Uniform Civil Violation Notices (UCVN) are usually the next step after
the time period stipulated in the NOV is not met. It is wise to pay the permit fee before
enforcement action is enacted.
Do not confuse an operating permit with a construction permit. They are two different
licenses. Construction permits allows one to build or construct a particular item, whereas an
operating permit allows one to use or operate a system. Miami -Dade County's Grease
Discharge Operating Permit Program allows DERM to monitor all facilities discharging oil
and grease in concentrations that have the potential to create problems in the public sewer
collection/transmission system.
Penalties for violating the Miami -Dade County Environmental Protection Ordinance can cost
up to $500 per day and may lead to civil action against you in a court of competent
jurisdiction. Contact DERM at 372 -6500 if you are in need of assistance to solving your
grease related problems.
Be wise and follow the environmental rules implemented to protect the citizens of Miami -Dade County!
FACSIMILE TRANSMITTAL COVER SHEET
DATE: June 5, 2006
FILE NO.: 1702 -01
TO: Jessica Fax No.: 305- 252 -1556
FROM: Wesley Castellanos, A.I.
NO. OF PAGES: 19
(Including Cover Sheet)
REFERENCE: Odoba Mexican Grill Lease Agreement
MESSAGE: For your use and coordination. Please call with any update
Many thanks,
IF YOU HAVE ANY PROBLEMS WITH THIS TRANSMITTAL, PLEASE CONTACT US AT
(305) 445 -2900 or 1 (800) 448 -0227.
0
6TO /T00 (j� LLZ9 6LL SOt XVA 00:6T HIU 900Z/90/90
JUN -05 -2006 MON 12.41, PM FROM DAPHNE HARZ FAX 3056662956 ?AGe 2
oh15 ILEajat,
. nyr
• tri ads u o f f he Q�-. —'easy of s`i \ �+ 1C•,, X
.,c --J,upj
by +rid between Seven Skies . ompany, IIlc. , hctcln called "Lesrat " and
Taylor- r,LC herein chncd' lance,'
itn -era oet4:
Sactsao I Demlacd Pramlaos
I I
Lessor hereby lessee to Lessce And Lessee hereby rant: from Lessor the store premises designated on the Auachcel pl.,
lExhib,t A) ss Stare A 617 (the "Demised Premisca ") now erected a1 5748 Sunset Dr.S.Mia 1 T+
.he portion al which now awned by Lessor or hots, controlled by Lessor under a leasehold Interest It horelnafler called "Center or J
Shopping :enter' the s414 Dcmiacd PrtmiscA being measured Ind desanbed approximately by the cress (said mcasurcnents
being from the oumidc of exterior walls and from center of parlltla0 to center of partltion of Intctln( ivslls) of
squAre (eel. '
Th< boandar,cs and location of the Demised premises are outlined In red on the site plan of the Shopping Center which Is fnartco
bh,bu A" wn;ch la mashed hereto And made a pan hereof, ,
Soclsos 2. Leeatb of Toro
The t_rm o! ahis Lease shall be for Five (5 ) yeah And zero (0 ) mnr. :h: rollowrng Inc
commcnccmcnl of she term unless sooner terminated or extended as herrinsher provided
�actloa ), Comaseex,vmaoi of Torte Jp y. , 2 on (.D)Va
The term of this Lease, and Le sic c'sobligation lopay rent, shall;ammenec on.Dea efrtbpt- 2Q.&5
In!he event that Ine Leas;
period does not occur on the first day of the month, then the term hereunder shall commence or, the first day of she month nal
succeeding In that evens the Leaee shall pay rent for the frA,lonAl month oqa per diem b +als (calculated on the basis or a iPlny
is, month) until she first day *(the month succeeding; and lhcreaher /he Fixed Minimum Annual bent shall be paid In equal
monthly intullments on the firs day of each And avary month In advance. In the event Lessor iuthorlied Lessee to enter the
premise; for the purpose of Installailon df Lrssee's fistures, prior to the commencement of the term of this Lease Lessee agrees
that it -,lips) for, indemnify and hold Loseor hsrrnless from any claims or liability arising out of Latice's Acslvitict tithe Demircd
Premises and from any damage to the Decoked RcmUcx dssring such peflod.
Lessar shall not be sub)aat m any 111 blllryahalsoever if It shall be unable to glue possession of the Damped Rem13es on the
date srs for the rnmmcncsment of the terns hereof for any reason, other than Its own wlllfull default. Lessor's Inability to give
possession shall in noway effect the valldlly of (lie Lease or the obligaslois of Lostae hereunder c:ccpi that rte term hereof shall
nut commence vntd potaeaslon of the Demised Premisca is given
Section A. Fled htialmam Anuaal Ron*.
Lessre Agrees to pay the Fixed Mtn(mum Annual Rent during file term of this Lease to equal monthly installments, o•i or
hcforc she firs) day of each month In advance, at :lie office of Lessor or At such other place dcslgnAted by Lessor without any pnor
demand therefor. and without any dedurslan or setoff wlursoever, The Freed Minimum Annual Rent f1A11 be ,i (allows:
F om Dec 2 2 is 0 5 u —2Le. SI a u6y-r , �p;n, (5 6800. OO+ta)Per montnl
tram Dec. 1 to 20 iN'+{ L -'Dec. 31 .tA 1pe m (56800. 00 +tay month)
Nov to t - nd,� 31 .2wBnmrA,�m (s 6800.00 +ta monan)
cramDec .'/L.2 to SRr•� a .:>z- st 2oogp rh (,7004.00 + tea cr monsnl
from. De 1 2009 to 30 2 ' tSl r- Des-1, Awda��Tis7214.00 +ta per month)
1 he fu s mnnshly IA$Ia time Al 1s due and payable upon the eaeeulion of this Lease, escept U thlA Is a renewal Lease
lie Rea u
TheA ('u nth's rent will. be a pro rata amount of $6800.00 +ta
iccslon A 144. q,3 (+Xq q4 1�w o (nS�i •37
In add,6on to the for- -going Fixed Mlnuttum Annuil Rent all other payments to be made by Lessee so Letaor shall be deemed
to oe slid shelf become, additional rent hereunder wheWerol not ihesanc be dcslgnated as such and thAll be due and psycblc an
aemsno or to£etnci with the next succeeding installment of rent, whlchcrcr shall Art! occur, tageahv with Inlcecti thcrcon,
Lessor shalt hs re the same remedies for fallum to pAy the same at for non-payment of rrr,t Lessor, At Its election :hail have the
„sett to pay or do any act which requires the axpendlLure of any sums of money by reason of the fsilurr or ncgle_t of Lcs:ee to
periarm Any of she proviflont of this (ease, and in lha event Licow'shatl a Its alemlon pay such turns o: do such sets requi -ing in-
expenditure of monies, Lessee agrees to pay Lessor, upon demand, all such suns, and the sum sn paid by Lessor, iogcthc; u•IIh
maarmum legit lnieress thereon, shall be deemed additional rent and be payable it such.
Seetbc 6 Use of Prrtalsoa '
Lcs.cc shill use the Demised Premises salcly for the purpose oh
a restaurant
L once shall not use or permit or suffer the use of the Demtaed Premises for any other purposr., Lasaee +11111 op'nie Its business a
the Demiseo Prcmisei under the trade name oft
Qdoba Mexican Grill
S,etleo , 4 ordraq
Lc sloe sgrcc,, upon request of Lcasur to execute for reoordlnq a than form mrmorAaoum u(thlt Lease Notwithvsnding the
(ssrcgotng. Lcstcs shall feet record this L--,,3C or a mem0rdndunt thamof trtthou! she prior mitten consent of Lcsusr
SoctlaA d, p'afvar of LLabLUty
Anything in this lzase to the contrary nofrrithiunding, Lcaaoo agrcee that It shall took solely to tho estate and pmpcny of the
143101 In the land and bulldlrlp of which We Donisod premised ere A port, and tubJoet to prior ddhta of any oilli geecvenl cf
p cialses, for thc'0110,104 of Lay Judgement (or other Judlaa) pxvmu) requiting Lba payvtent of Toney by
.ny default 0r brtaeh by Lessor tvlN respect to say of (he term, eoreaanfA Acid en0dlttoos of shU L4L*4 to be observed and /or
performed by I aaaol. and uo ether Caxep of the LcsaOf OhAl bas subJoef fa 1r ry, execution w ttitct ps0deduret for the sar+sro,bn
of l.tsscc's remedies In the ether Lester emsfaro tLla Lassa, euept as ooliAieral smutty fox A loan, upon ouch Lualifer Lasso:
v lit be rt)elae4 from &It Ilablllry and obllgnitona hareundor, prsavldod Usa(the t7larrfertx assumes the obligation of this Le .se.
Y
6T0/Me LLZ9 9LL g0£ YViI 60 :6T 8111 900Z/90/90
JUN -05 -2106 VON 12.44 PM F30M:DAPME HARZ FAX 3056662956 ;AGE
Sec 'Ion 9. BrCkerag,Coomisr)oor
Lessee represents and warrants that there ere no claims for brokerage commlasioni or finders fees In connection with trio
execution ^f this Lease unless spetiflcaliy )Isled hereln and Lessee agrees to Indemnify Lessor against and hold it harmless from
all liabilities arising from any such cleln by Any broker Or finder not spcclncAlly listed below. Including the cost of counsel fees•
Section Id S,,cvrtty Deposh
The Loss cc herewith depos'IA with the Lessor the tumor Fourteen thousand four hundred and 00/100
tS 14 , 400 _ f)q Dollars I11erc'n6fscr referred to .
of eery _moraines of :his Leases is "Security "), as security for the full and faithful e
and all obligations of Losses. In the event that l.cstee It In default hercundernLessor may uscc
appls or rotates the whole or any part or the Security for the payment of (a) any rent or'any other sum of mono! which Lessee may
nest have paid with which rosy become due offer the occurrence of a detail, (b) any cum expended •D Lessor
Lessee I ee with the provisions of this Lease, Ie) any sun which the Lessor may expend or be required m exoend by reason a the
Lessee s Jcfav)1, in o Y On Less ce'a behalf to
Ara: sppitcat,or. or resent en of colljecuflt got any in Iherrelenln0 df the Den Promises at hereinsF;cr provtdcd 1'},e
rt9t'i or earned y Y Ponton thoreo, by Lessor shoal not prevent Lessor 1-cr czar-Ising pro idc other
y provided (or hereunder or at law and shall not operate As A limitation on any recovary so which
otherwise be entitled Should the Security, or any part thereof, be appropriated And applied by Lessor ma
hereof, the Lessee shall within seven (7), days of he ;ending by the Lessor of t vrluen demand, remit to Lessor e- amo rat
xuffnvert to restore the Security to Its ongtnA[ balance. Pursuan� to the Ie•r.,s
!n the evert that Lessee shall fully And fttlhfully comply with all of the provisions of this Lease, the Security
thcrcnr shall he returned ;o the Lessee After the exo'rallon date or upon any lase: date after which lessee has verucd the Demtsc4
Prcmisss Y cr any balance
In the event of A transfer of the Lessor's interest in (he Demised premises, the Lessor mall have the right to L•anxfcr the
See"'" 10 the transferee thereof, In such event. Lessor snap be deemed released by Lessee from All Ilabt)Ity (or the re,urn of ;u A
Sccunl) And the Lessee agrees to look solely to such transferee for the return of said Sccuri;y c
Lesser (hall have n0 legal powcr'0 ratign or encumber the Securl'y and the return of jilc Secunty to the original Lesscc that,
conP,cic'Y relieve Lessnrof Ilsbsltly wllh regard thereto No action of the Lessor In enforcing any default a
icrminan e on of this Lease so As to entitle the LeAae to recover Aid Secunty. shall be deemed such
return of Security No 4longagcedr Matter Lessor shall be liable for he
Section 11. 1•lrcjsao1c,# Ueor `
I.csscc snail pronpily Pay AIi contractors and materla!mon, to as to Mninstxe the possibslisyof t lien Altaehlrg to the Demised
Premises and should any such lien be made or filed, Lessee shall bond Against or diseharee the same within on (10) days After the filing thereof, Norwithstanding the foregoing In any ease whon more than SI,000 of work Is to be performed by or ro. the
Lessee. she Lessee shall, unless the Lessor consenist olheswlso In writing, file en effective waiver of liens which will, under
:ppl'esble law, preclude she possibill:y Otto cffecttve mechanic's lien. In the evc;st Lcssec shall fail to dischcrge a flied lien within
the time provided for herein, Lessor, at its option, in Addition to 111 other righu And remedies provided heron, may bond nr pas
the lien Of claim without inquiring into the va)Idlty thereof. Lessee shall Immcdlxiely upon demand reimburse Lessor for she
amount so paid Plus legal interest Ihercon and the expenses related thereto.
S.•ctlon 12. SurrenderofProaleea
At the expiration or other termination or the tenancy hereby crentod, Lcssee shall quil and currender the Dcmned Premises
in' broom clean ' condition, reasonable wear and jeer excepted, and chill surrender all keys for the Dcmiscd Premises to Lessor
at the place then filed lot the payment of rent and snail Inform Lessor of all combinations on locks, safes and voulis if any, in the
Dent led Premisas, Lessee shall remove All or its parsons) oroperty, trade fixtures and any alterations, improve'nents or
dccoras,ons, ss provided in Secllon 51 horcof. before surrendering the premises as Aforesaid and shall repair any damage to the
Demised Promises caused thereby Should Lessee desifo to leave any personal property In the Demised Premises it shall request
perniitt,,,n In wf'IIng from Lessor describing such property, not less Ihan J0 days prior to such surTcndcr Lessee's obligaitnnc to
n..•rv,• „r perfnrm this covenant shall survive the expiration or other termination of she term of this Lease
Serilon 11, Tot.) Condemn■lion
If the %hole of s)te Dcnised Premises shall be acquired oreondeis.ned by er. inent domain far Any Public o: qua+t•pubtic use of
purpose, then the tern of this Lease shall cease and terrhlnate a +,df the data of title vesting )n list condennar In such proceeding
and All rentals shall be paid up to that dale and Lessee shall have no claim Agalnsl Lessor fer the value of any unexpired term of
this Lease
SactsoA Ia. Parla) Coadetaoatlon
If :nv Pan of she Demised Promises shall be acquired or condcnited by eminent domain for any public or quasi-public use of
Purpose, 2nd to the event that such partial taking o. condemnation shall render she Demised Premises unsuitable for the business
or Lesxcc, then the tern of This Lease shall coast and IcrminAle as of the dercof title vetting In the condemnor to Sue procccdir,,
any lcatcc shall have no clatm against lessor for the value of any 4nexplred term of this Lease In she event of a pan"I taking or
condemnation Which ,s not extensive enough to render the Premises unsuitable (Or the buaoess of the Lessee then Lessor triad
pronpliv rcatnre Ihe-Demised Premises too condition comparable to its condition as the time of such condemnation Ices the
pomun Ins' m the "king, and this Lease sha11'ednunue In full force and effect Lessor shall not be required io expend in rush
resioratt „n more roan the proceeds of the award which Is reserved for such purpose, The Fixed Mtlimum Annual R.-Ai shall he
reduced in she prupan,on that the areas ratan bear to the enure Area contained in she Demised Premitcs,
Section 15 Lesur's Dxmagc.
In in vatnt of any condemnation or taking is hereinbc(ore Provided, whether whole Or partial, the Lessee trial[ not be
�nsnitd luny pan of the award as damages or otherwise, for such condemnation and Lessor to to receive the full Amount of sucl
a�ard The Lessee hereby expressly waives any right or claim 10 an
as may At granted to it Y Pitt thereof and assigns to Lessor any share of such an aK and
Section 16. Les.ee's D..de.
Although all dArntees in the event of any condemnation are to belong to the Lessor whethe- such damages are Awarded as
tnnipcntauon for diminuoOn to value of the IeASehotd or to the fee of the Demised Premlges, And although Lessee hceeov
expressly wanes all claims against the Lessor, Lessee shall have the right to claim and recover from the condemning awnonsy,
nest from Lessor, such compensation a may be separately awarded or recoverable by Lcsace In Lessee's own right en account of
anY and all damages to Lcssce's business by reason of (he condemnation And for or on usvunt of Any cost 00031 to which Lessee
might be put to removing Lessee's merchandiuc, furniture, fixtures, leasehold Improvements and equipment.
S--Uod 17. Rea) FiutaiTAxes
The Fixed Minimum Annual Rent payable by Lcsace shall be augtreeted In aecordaoeowltn this Section.Base year 2004
(a) Definitions For she purpose of thts Seettap the fallowing deftnldons shall apply: (I) Tho term "base year” shell mean the
last full ta: )c.r, of the using tuthoelty Irnpotlag real estate taxes prlor to the year during which the term of this Iease
comr-ricncei. (OTIncTerm "The percentage" At used In thU Section th" mean e perccnt(1Zy,) (lil)7bcTerm
•rest estate titer" shall mean all (Axes and Aimstments levied, "tested or htnposod at avly time by any governmental Authority
QQ x,
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upon or against the land and /or huildi f which the Demised Premises form a pan, slid any lax or •t asessnicni Irvica.
assessed or Imposed at any time by any go.ernmcntal authority in eonneaIon with the gross , cccip(s of mtomc or rcn'r from said
!and and/or building. If any real estate taxes are permitted to be pAld In installments, then all references in this Secciun to the
data, tan whu•h rual us(are lases pro payable shall be deemed to refer to the dates on which the Installments are puyahle
If a' any time during the form of the Lease the method of taxation then prevailing shall be altered so that any neat fax
as %csbntoni, levy, imposition or Charge or Any pan thereof, shall be impaled upon Lessor for if Lesser is a Trustee, Ines upon the
bencftiaries of Lc%sur) in place, or ponly In place, of any Real Estate Taxes As heretofore defined and shall be ni"%ured by tar be
baited id whult tar in part upon the Shopping Canler or the rents or other income rhercfrom. Then all Huth nLa lase♦
aete „menu levtca, impuxinons or charges or pert thereof, to the extend that they ate so measured or based. Shull eun,litnic kL,ii
E,14 IL Tame, for purpu,cs hereociu the extend that such Items would be payable If the Shrtpping Center w.rc tilt only prriperis of
L
e,hdr (or the only property))f Iha buperltiarics of the Trust, i(Lessar is a trustee) subject thereto and Inc rental wen• Ihr Lesnir ,
only ,scum.• for the only income of the buncfitlanes under the Trut(, ir Lessor is s Truslcc) and LLi%ce shall put- 41111 cl —horrs iht
ham% a, hQmin provided with respets to kcal Eslale I axes.
(bi Rual L. lute Taxes: (t) In the event Ibof the ran! Ostato Cases payable during any laa year rut „wing in, ba„ scar ,n,ii
exceed ihL amount of ,uth real eafatc taxes osysble during the base year, Lessee shall pay Its Lessor as addofunal rcni fur Lush
laxahie yvw an .{m000t equal to fhc PerceniAgu of the excess. Luxsor %hall furnish to Les %oo a statement of the real tats ,axe,
payable du•iug thL Appbcablo lux year and a slAlcmLnr of the Coal estate taxes payable during the ha,c y%ar If the real coat,
txAC %Gar uny aophsable tax year CAceed the real caIAIC taxes payable during the base year, additional rent fur lush applicable tax
in :he amount cyuyl lie The Perecntage of the excess shall be duo from Lessen to Lessor slid such Additinnal rent %hall be pxvuhlc
by Lcs,cc ar Lu„or within Ion 110) days after receipt of the aforesaid statement. fit) The amount of real estate taxes unginall,v
payshlc by l.cshor during the base year shall be used in the completion of the amount of additional rent payable under ihty Section
until the amuunl of the real estate tames payable during the base year shall be reduced by final determination of legal protttdinx,
sctilemani tar mhcrwt,u h' the event of such reduction, the reduced amount of such taxes ihercAhcr determine the amuuni of
addiunealrLnt payable by Lcssce pursuant to this Section. The additional rent theretofore paid or paymbie hereunder hhall he
recomputed on the basis of such reduction and Lessee shill pay to Lessor as addnlon Al rent within ten f 10) days after being hdtcd
thcrcfur an) dcrMency between the amount of such additional rent as theretofore computed and the amount thereof dos a, ink
result of aut li recomputations,
(tl Thc,mitmcn(s niche real estate taxes to be furnished by Lessor at provided above shall consist of dais prepared fur the
LL astir by s firm arCcrlifted Public Accountants (who may be the firm now or then currently employed by Lessor fur (hL audit of r%
ammun(h) Thu siatcmcnis thus furnished to Lessee shall Constitute A primafacie determination as between Lessor and Le,%ee of
the real tslate taxes for the periods represented thereby.
(ti) In no cvCnl ~halt (he Fixed Minimum Annual Rent, or additional rents under this Lease (exclusive of the xddititinul run:
undcrthisSetuon)beredueed,
let If the term of this Lease shall commence or, a date other than the first day of the lax year of the laming authurii) LL,aee
%hall pay a proportionate share of the additional rents under (his Section for the tax year Outing which the term ncreul
voni nent c, tehich %hare shall be based upon the length of time that this Lease shall have been In existence during such ftrsl lax
year Upon the auto of any expire :Ion or termination of [his Lease, whether the some be the date hereinabove set fonh fut the
expiration of the term (hereinafter called "lease expiration date ") or any prior or subsequent dale, the entire Additional rent for
the proceeding tax Year and a proponionate share of the additional rent for the tax year during which such expiration of
term, natinneccurs shall Immediately become due and payable by Lessee to Lessor The said proportionate share shall be baud
upon the length or time that this Lease shall have been in existence during such latter fax year Promptly after said expiration or
termtnatinn Lcssnr shall compute the Additional rent due from Lessor, as Aforesaid, which computations shall be an cstlmato
based upon the moil recent annual statements Iherelofore prepared by Leswr and furnished to Lessee. Within Icn (10) day% aru•r
thL next annual stalumcnt or statements are prepared by Lessor end furnished to Lessee, Lessor and Lessee shall make
appropr,Alc adjustments of said estimated payments.
i(I Nolwi :hstanding any expiratinn or termination of this Lease prior to the )ease expiration date, Lessee's obligation to pa)
any and all udoidunal rent under this LeAso shall continue and shall cover all periods up to the lease expiration date Lessee's
oblidutwn to pay Any and ell addition rant under this Lease And Lessar'sand Lessee's obligation to make the adjustments referred
to In %uladit Mon (e) above, shall survive any expiration or termination of This Lease
Section 18. TAxes on Lcroschold
Lessee shall be respon%tble for and shall pay-before delinquency all taxes assessed during the term of this Lease against am
Ica,chu!d inlere,l or Improvements, decorations, altersllons, flx(ufes and /Or perSOnal property of any hind owned by or placed in
up,in or ali,sut Ilia Dcmised Premises by (he Lessee whether such taxes tire assessed against Lessor or Lessee
Section 19 Lobe or Damage
Lessor shall not be liable for any damage to property of Lessee or of others located on the Demised Premises, by thch tic
otherwise. Lcs%or shall not be liable for any Injury or damage to persons or propcny resulting from fire, explosion falling piaster
sicsm gas, tlotrricny, water, rain or snow or leaks from any pan of the Demiead premises or ream the pipes, appliances or
plumbing worAs or from the roof, street or subsurface or from any other place or by dampnoss or by any other cause of
whatsneycr nature. LessorshAll not be liable for Any such damage caused by other tanows, persons in the leased premises, nccu,
pantx of adjacent prnpony; the public, or operaftops In construction of any private, public or quasi-public work, Lessor shall not he
liable for pry latent defect In the Demised Premises or in the building of which they form a pan All properly of Lessee kep: or
stored on the Demised Premises shall be kept or stored at the risk of Lessee only and Lessee shall hold Lessor harmless from any
claims arising out of dsmAgc to the name, including subrogation claims by Lessee's insurance carriers.
Seaton 20. Noilee to Lessor
Los%ue shall give immediate notice to Lesser In case of fire or accidents to the Demised Premises or In the building of which
the premises art s pan or of dcferfs therein or in any fixtures or equipment Lessee, within twenty -four 1241 hours of any rirc o-
seeident, shah µwe written notice to Lessor of any dsmage claimed. Lessee shall not be entitled in any abaiemem or diminution of
riot during ens period which It prevents Lessor from repairing that portion of the dAmsgco, if any. which ii is Lessnr's obligation
to repair nor for any perod beyond the aforementioned twenrydour (14) hours during which it ha. faded In notdv
Lcs.ur
Section It. Holding O) er
Any holding over site, the expiration or the term hereof or any tenCwAI term with the cmneni of the Lessor shall bt
cunstrued to its a tenancy from month to month At the rents herein specified and in effect at the time'of the cnmmenceme -ii ar Utc
month to month tenancy (pru,raled on A monthly basis) and shall otherwise be on the terms and conditions herein specified su far
as applicable
Section 12, Succeaaore
All rights and liabilities herein given to, or imposed upon, the respective parties hereto shill extend m and btud the several
respeLiivc heirs, exeCultirs, AdministrAlora, successors and assigns of the said genies Each p•ovtaion to be performed by Letsec
shall tic construed to be both a covenAni and a condition and If there shall be more than one Lessee, they shall all be pound jointly
such assignee has been approved by Lessor In writing as provided In Section 23 hereof. Notwithstgnding the foregoing. In iht
event Lessor or Any succasscr owner shall convey or otherwise dispose of the Demised Premises, all liabilities and obligations on
event Lessor or any successor owner shall convey or otherwise dispose of the Demised Premises, all liabilities and obligations on
the pan of the Lessor or successor owned under this Lease occurring after such conveyance shall cease and ierminate and
thereupon all such liabilities and obligations shall be binding upon (he new owner
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Seellun 23, Assignment or Subletting srr t 1 --
Lessee Atli Ant assign this lease In whole2orCiii2porlOn6eu Tel all o lnnot ?rAitx'dT' 1
"'titan conscn, of Lessor In each instAnce./,Pheeonsent by Lessor to any assignment or sublening tha1n em t withheld. re A
Y Parr o the cmisedPr Sc,, Ise,, wi the pf,,,r
the neecs+ity for such consent to any subsequent assignment or sublening, If Lossnr consents 10 An assignment or subletting,
came shall not be valid until (1) Lessor recelyea nonce from Lessetc (2) such assignee or sublessee rhall deliver to Lessor A wr tten
agreement in form and substance satisfactory to Lesser, in which such aesigneo or sublessee assumes all of the obltgstinn, of
Lessee hereunder and 13) Lassor recelves a copy of the assignment or sublease an4 ell pcnlnen: related documents 0
This prohibition against Assigning or subletting shop be construed to Include A prohibition agaihst any ass,onmenj nr suh
telling by Operation or low, If this Lease be assigned, or If the Demised Prentice or any pan thorenf be uncle, let nr Aceup,ed by
an) hndy Other :ban Lc+sci, Lassoll may collect rent from the asslgoee, undar•tenant or oec0pant, and a
callck.00 :n the real herein reserved, but nn such assignment, underiarling, occupancy dr c0tieelinn shat: be deemed r w8: iver Of
this s„vcnani, „r the acceptance or the Assipce, under•lenatll or nceupinl i's lennnc. or a release of Lesser f`nm the f'srthcr
pLrformsruvc by I.casce n(cnvenanis on the pan of Lessee herein contained Noiwllhgland,ng any assignment<a(subleaw Less, e
.hall amain tune hal+la nn this Lease and shall not be relcascd from performing any of the tc.ms, envenants and rnndvinm of i1�h
Lease.
If Lessee, is u curpnrauon and if At any time during the lease the person or persons who iiwn a mejorhv of its riding +h.rcy a•
the aura of the execution of this lease curse io own a majority Of shares (except as the result of ,rsnsfers bs Rif, bequest Or
inhcrltan<e) Lessee shall so notify Lessor and Lessor may terminate this lease by notice in Lessee g vin allhtn 90 days ihcreafter
Section 24, SubaccUnallon, Anornment, Power or Attorney
Lessee hat been informed and understands that Lessor is now or may he in the future a Lessee under a Icase Of the Ijnd
+red• tar cr,ire htttlding of which the Demised Premises form A par, This Least Is and shall be, al Lessor's npti<+n, ttib)<rt end
r%,vAili ving Itlic ground or underlying leases and 10 all mortgages or the Ilan resulting from Any Other method of rinsnting nr
'Pt % acing which now or consolidations. tar gff re such leases or the real properly of which the DLmised Premises form a pan and its all
ror<ri it t mfr %u,dons, ilon i all o ecesaeements, and extension : thereof. This Scelinn shall oe crnik s Will Pori
nn fun all
n,tnrmtnt•or subordlnatlon shall be necessary In con(irmallnn of such subordinaIlaA. lessee shall cxecur< p•nmpas An.
<crdficatc that Lcasor may request, In the event that any ground or underlying Jesse is terminated or any mongigc is fnf ill'. o d AMC In" lease .hull Atli terminate or by terminable by Lessee unless Lessee suss
lu4gomon, or final Alder Ind Lessee shall Alcorn to any such successor lessor and rieeogol A such lessoy as Lessortun or
r rbiscle� t`c
In the event of A salt of assignment of Lessor's Ihleresi in the building of which the Demised Premises form a pan. Lessee shs1:
uthtrn in the nurehascr and recognise such purchaser as Lessor under this Lease In the even, that any ground Of underlv,nR ]case
IN wrmtnated as I(nresaid, Lessee agrees, At lessor's, Master Lessor's or Mongagcc,l option to enter into a new logic cnvcrIng
IN, Demised Promises for the remaining term of this Leslie and otherwise on the same terns• conditions end rentals se herein
I t %,('c )crehy efplunts Lessor, Master Lessor or Mongegee es time
irrevocable attorney i conditions
to s a and r an
r<quired to carry not chi incept of this Section on behalfof Lessee.
Y dace. ^.tents
-Section 25. Laws, Wucc of Natas 4ce
Le,}ee shall, At its own cost and - expense: (a) comply with all governmental laws, ordinances, orders and regulations affectlnR
the Demised Premisei now in force or which hereshcr may be in force; (b) comply with and execute all rules, requirement, and
"CituiullOns Ufthe Board of Fire Underwriters, Lessor's insurance companies and other orgeatxations establishing insurance rates
It I nut suffer, perm
At, il or commit any waste or nuisance; and (d) Lessee shall not perform any Acts or carry of any practices which
iss Injure he buildingg o• be a nuisance or MOAeo to other tenants or the public
1 he statemept In Secllon 6 of Ihis3ease of the nature of the business to be conducted by Lessee in the Demised Premises shall
nn ht deemed or vonstrued In constitute a representation or guaranty by Lessor that such business may be conducted In :he
Ucmi,cd Premises or is lawful or permissible under the conifieate of occupancy, If Any, issued for the building of whien the
Ucmiscd Prpmsacs form a pan, or otherwise permitted by law.
Set lion 20. Farce MAjeure
tessnr shall be excused from the period of Any delay in the performance of any obligations hereunder when prevented from
dnlnec so by a cause or causes beyond Lessor's eoplrol which shall Include, of
limitation, igati all labor disputes. plots, nied can,
m„ltnn, war wsr•:ikr operations. invasion, rebellion, hostilities, military or usurped power, sabotage, governmental regulations
or c „nails file or other casualty, inability to obtain any material, services or Rnsincing ur through acts of God
See' Ion 27. Quiet Enjoyment
I esata, upon paying the rent and performing all'uf he terms on its pan to be performed, shall peaceably and quietly cnpn
the Dcmtsod 1'remtscs suhlecc, ,levenholesa, to the terms of this Lease and to any mortgage, ground lease or agreements ;o whtth
this Lease is subordinated
Section 24, Nowalyer
The -siscr b) Lesser of any breach of of the strict and /or prompt performangc of any term, covenant or <undition heron
tnnt,tred shall no, be deemed to be a waiver of any subsequent breach of the some or pny other term, covenant or condition
herein cuAtairked or of Lessor's right to alrially enforce same In the future. The subsequent acceptance of rent hereunder by Lessor
shalt nni he deemed in be a waiver of any preceding breach by Lessee of any term, Covenants or conditions of this Lcanc regard
I, ss of Le+snr s knowledge df such preceding breach a the time of aaeeplanee of such rent. No covenant, term or .ondlii in or Ilns
l case .11411 he d<cmt•d ill have been waived by Lessm unless such waiver ba ill writing by Lessor NO waiver by bessnr in respect
:u nh<r tenants sh-ill bL dvamco us cnnsitruic a wFrve, ;n favor of Lesace.
Section 29, Accord and Sailafacilon
Nv payment by I u,sce or receipt by Leaver of ■ lesser mount than the monthly rant herein stipulated shall be U,cmed to be
Other than tan uctntrnt of :he earliest runt then unpaid, nor shall any endorsement or staiemens on any chuck or any Isl,cr
.9, enmpuu, Ing any <heck or payment as rent be daa,ned an accord and satisfaction, and Lcasor may accept such check or payment
ahem prejudice lu Lessor s right to recover :hL balance of auch rent or pursue any other remedy ornvldod In this Lcasc
Scc,lon 30 Noilcee
(a) Any notice by Lesace to Lessor must be served by certified or registered marl, Return Receipt Request<d postage
prepaid. addressed to Lessor, 7210 ken std. 0207)3, S:Miaml rFL 331403 at such othe, address As Leiser may
At,Ignatt' I,y tenlien notice (or hand deliver, or Courier).
Its) An) nWALC by Lesso; to Lessee most be served by certified or registered mull Return Receipt Ri460sted postage
prepaid. Addr<ssed to Lessee at the Demised Premises or At such other address As Lcssec shall dcsignute by written not
Secdon 31 Leaaee DeDaod, Use o(Pronod0
Tnc word "Lessee” shall be deemed ono taken to mean each and every person or party mentioned es a Lessee herein be the
same one or more; and it them shall be more than one Lessee, any notice required or permitted by the terms of this Lease may as
given by or 10 any one thereof, and shall have the same force and affect As If glven by or to all thereof The ore of the neater
singular pronoun to refer to Lessor or Levees shall be deemed it proper reference even though Lessor or Lessee may be an
individual. a pArinership, a corporation, or a group of two or more Individuals or corporations, T1,e necessary grammatical
changes required to make the provisions of this Lease apply In the plural sense where there is more than one Lessor or Lessee end
either eponhons, associations, paR
each fu
ch case fully expressed nerships, or Individuals, males of (ernales, shall In all Instances be Assumed us though in
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Ir ony provision of this Lea,e At Inc spolicalien Ihereof to any person or cireurnstance iK4 to any extent be mv.I'd IhL m
mundct of Ihu LCA %C at the application of provision to persona o• elreumstuncos other it hose 11 In which o 1, held invalid
Shall oat no affected the,, by and each prav;a,un of this Lasso shall be valid and en(or.eJ to the ..IlVsi exlLni p,rm11a0 t1•v taw
Section 33. Estoppel
LL ,CL ,hall within Ion (10) d.yi after request by Lessor, CAetule and deliver Ib Leaser u written dcetaranon u%,,,,,r,l+ulc
form ( .. (aitf) Ing Ili-, LLAL, (2) cgxtssuig the cumnteo iticnt and termination date LheeLof, ,(3) certifying that ILI% I
full ru•cc and olio; t ant) his, out been assigned, modified, sapplemenled, or amended (except by such *riling% ai %0_0 he ozi,d),
14) that all cmW,, :,,nil I,nd,r :hie Lease w be perforencd by Lease.. have been sai;sfed, (5) that tl•cre art- no dvl', ua„ or 11„1,
again,% Inc onl,vicemrnt ufthix L,Aae 'by the f.essar o :,Iatlnu those Claimed by Lc%se,: (b) the amo,ni of •douse :anial d an,
list none if IN o day soul pod by Letssru• 17) Inc date to wht,h rental halt been paid; And (81 the amount of saeurny Jcpti „tall
will- % car loan dutlurulton lthAll he excLULN and delivered by Lessec from lime to (1111, a% u,a) be rvyua u,d h, I,,,,tr
Le%,ar'% mm igage lender, andiur pur:haaLr% shall bt. Lntitled to rely upon the tunic.
Section 34. Coat a( living Adjustment
'rho 1.1Aed Muumum Annual R,m payable by Lov%uc sliall be augmented Ill aeanrdance wisp this Section
la Far Ili, purpt„e or this �celinn the term "base year” shall mean the lazt lull rttkndar your prior m OIL %xlu,dur v,
during w h the term of this Lcasc commences.
(b) fh, djuStment de,cribcd in thib subdivlslun (b) Shull be bused upop the "Consumer Pntc Indus, pant„h,d t IhL
Sure.0 of Luba Ibtistiea of the U S Deoanrncni of Labor ter
average u c monthly All IILAIS Pr-(c Indices for the Twelve All hems Index for a LJIL ar,aar
months of such eulandir year lheretnither LallLl, a• I'nt%
Index' L tit a ,tic,,,, ar .Lhstitute Index +Ppropfizi,ly adjusted In the event trial IN Price lndcz ter any ,alL'1u rear 111 ,e
queni tv (ht• boa, )car rL c,.13 an Incroasa to the Lust orllvtng over and above the cost of )wing is renecied by so,: nee InJ, . b,r
h% bnL vest. In,•n L,:.% it % Al ruttish m Lcsue a stalemcnt of the Price helices fur Inc base year and far ,tic a ph%abk ,+t, hoar
Y" +r 3 "t1 tilt Ftxvd Mlmncnn% „r,ual Rou, sllull be augmented by payment of an addtuoral rent odjusln%cti winch ail ill tit• polo
1 1 1 Ili car alas Jau•aary ) l t. cash year during the term of (hr% Ltusc, there %hall be U.K. addomi ; tut adp„uu%m ,a, %,
tilt file Iwrccniage dlffLn.n,c etwetn life Price Index fur Thu bust vLar slid the Pr :rc I to fur IhL aalrnd.0 , %vr
tmmt,11410y prceeding lhodafc uth annaa! adjustment.
l2) The p:rtenixgc increase Thus d rmiucd anal[ be multiplied by the I IACd Minim Annual Rent rksLrva,l ,n thi,
kaae s, of DLccmber JI of the precede calendar year, and this sun: shall :onstilu( the cwt Of living tsddnhmal rL6t
adjuatucnt which shall sic paid to Le our thin left 110) days &her submisstun by eisur of the statcmLni tit the Prlee
In,IKc,
1 h, ;till :wing il[u Wales the wivntion of the p tea hereto alt to the co,npul ion of the afuremcnl,entd .alt ,, I,"o
id,it-m.11 rLni adjusiment If any
A,tuming that Inc Price :Ades for the base yesrwas 1,0 and assumm hill the Price Index fur the year Immea,ite1%
preceding (he date of such adjustment was 105 0 then A In that eve there would be an adjustment fur Lti%t of living
+ddnolnul rent to the following extent Inc percentade relic lea reliecied, I e. 2 941 % I3 Of 102 0) would ha
multiplied by the Fixed Minimum Annual Ran[ reserved In i ease as of December JI of the prLacotng c,icndar
vt.rr and life resutrng %um would be the addntonal rent pays ereunder.
In file event that the Price Index ceases to use the 1957.1959 rage f 100 as (he basis of caleulanun, or it a subetant•al
,hinge t% mule In the terms Or number ofitems contained the Price dots then the Price Index shall be adjusted it. the
li)ture :hat would have been arrived At had the manner o ompt.ting the ice Index In effect At the date of Ints LL ate ntit
h.en ahrrcd In isle event turn Price index for a succ stir or subltllute In xl is not wadable, a ro1lrDle governmental
„r tnhvr nut, puWan publication evaluating the l rmatlon theretofore use in determining the Price Inde& %hall hL
oleo
al Th. start mLni of the cost of llvmli adjustment t e furnished by Lessor as provide 'n subdivision (bi above .hall Lnn %tit
„I dal,, proposal for the Lessor by a firm of C'enlfted bile Accountants (who may be the firm ow car then currently emplo,•ad M
L,s,ur fur the auWt of to. accounts). the stalem to thus furnished to Lessee shall consncs s primafacie elcierminaunn ON
h %iw cL n La s %sir a nd Leaser: of the cost of jiving Wilmenl f9r the periods represented thereby.
Id) In nu event %hull the Fixed Minimu Annual Runt car Additional Rent under this Lease text live of the Oddoluilal nn„
under Ilan Section) be reduced
(cl II the Term of Thu Lcasc shall : imence on a date other than January 1, Lessee shill pay a pr ortionAte share of Utc
Jddt(fuhal rcnla under this Seeuat fu (lie calendar year during which the term hereof commences, which hire shall be beicC
upon the length of time that this esse shall have been In existence during such first calendar year Up the date of in,
. Iurm car termination of tilt ,ca.c wnclher the same nloy be the date herulnahuve set forth for the cxpir tun of the arm
,h,runaltcr,aitLd Lc..e cA atiun tittle ') or any prior or subsequent dam, the entire additional ren; fur Inc pit tAg calendar
scar uud x praptsruunue s c of the additional rent fot the calendar year during which such cxpi.ation of termination curs shag
„ -inicdtstcl% bcconio du nd payable by Lessee to Lessor The said proportionate share shall be based upon the Ion t of time
Mal Ihi, I case shu.11 h c been to existence during such latieresiendar yea:. Promptly aher said expiration or tcrmuuunn t slur
,hall u%dtpute file + I:tiunul rent du, from Leuuc, ss ufuresaid, which computations shall be an estimate based upon the usi
rLCent znnu+l %I •mints theretofore prepared by L,asor and furnished to Lessee under subdivision (b) Above, Within tun ( I
u%y3 after the it innualsiAten%enl or,(ntcmenls are prepared by Lessor and furnished to Lessee Lessor and Lcs%cc thull mAk,
a,rpropnete )wtntent%uf %aid c%Ilmated payments
In N w ollstinding any expiration or tcrmin+uun of flits Lease prior to the lease Capitation date, Lessee s obhgatiun w pat
any all all addulnnat rLm under tlos Lease shall Luminuc and shall cover all periods up to the lease cxpiralion Ilia Lc %ac, S
'1011 oun ti, till)- any and all additional rent under this Lease and Lessor's and Leltsea's obligation to make the adptumcni%
n• ratd in 11, sulldtvn1%1u le) Abtiv,• bhall futvtvO Irfty cxpiraiiuu ur termination of this Lease.
Section 35, Default
lal fill) Lettac fat[$ In pay any rental or otter payment due hereunder, or (0) Lessee fail- to ula erve or perform any usher of
1n% tome or rho I e.nc tau cat pan ill he observed or perfurnlcdl or (il)l Lessee or any surety or guarantor cf this Lease shall beLllmC
hankrupi tit irt%nbLnt or file any debtor proceedings or take or have taken against if or them in any cout) pursuant to an; statute
enner of th, UAiad Stases or of any State s petition In bankruptcy or insolvency or for reorganixation or for the sppufniment of a
rccc,vLr or tru %tue of all or a ponion of Lessee's properly or of the property of any surety or guarantor; or (iv) Lessee or any surety
or guarantor mAxL% an aastgnmem for the benefit of creditors or petitions (or or enters Into an arrangement or su&ri, Obis Lc+,%
to n% taken under any writ of execuiiun or attachment: or (v) this Lease shall pass to or devolve upon, by taw or otherwise ont
„thcr titan :SNACC execpl us herein provided, or (vi) Lessee shall at any time during the continuance of this Lease remove attempt
ti, rcm+vL or manifest in the judgement of Lessor, an intention to remove Lessee's goods or properly out of or front the OLnilsed
Premises except In the ordinary course of business, then. In any one or more of such events, upon Lessor serving a written five (5)
day notice of dc(oult in the case of (11). (tit), (1v) or (v) or a wrinon Immediate notice of default In the case of (t) or Nil upon Lessee
spcclfying the nature of said default and if Lessee shall have railed to comply with or remedy such default within five (5) days to
-he case of till (t•U, hv), or (v) or Immediately In the case of (t) or (vq then this Lease And the term thereunder shall, at the ootion
of Lessor terminate and come to an end on the date spacified In such notice of default and Lessee shall quit and zurranoc. the
Demised Premises to Lessor as if the term hereunder ended by the expiration of Inc time fixed herein, but Lessee shall remain
habit as hereinafter provided (b) if the notice provided shall have been given and the farm shall, at Lessors option, expire As
aforesaid, of Snou10 Lessor elect not to terminate this Lease, Lessor shall have the immediate right to reentry ((o the extent
permitted b•v law) and may remove all persons and property from the Demised Premises and such property may be removed and
stored in a public warehouse or elsewhere at the cost of, and for the account of Lessee, all without seMee or notice or resort to
YJ
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JUN -05 -2006 MON 12.47 PM FROM DAPHNE iARZ FAX 3056662956 PACE 7
)-ill process fall or which Lessee expre , waives) and without being deemed guilty of it ass or beconing 1-ubie (of any lose air
damage which may be occasioned thereby. Lessor shall have A Ilan for the payment of all sums agreed lobe paid by Lessee herein
upon all Lessee'% properly, which Ls to be In Addition to Lessor's Ilan now or that may hereaher be provided be law (,) Should
Lessor elect to rc enter or shoulC It take possession pursuant to legal proceedings or pursuant to any notice provided by IoM it
MAY make such alterations and repairs as may be necessary In ardor to relet the premises. And relet said premttes ar any pen
thereof for such term or terms (which may be for a term extending beyond the term of this Lease) and at such rentals and upon
such other terms and conditions as Lessor In Its sate discretion may deem advisable; upon each such relening alt rcntah receiv,::d
by Lcasnr from such relatting shall be applied; first, to the payment of any Indebtedness other than rent due hervundt'r from
I wine to Lessor, second, in the payment Crony costs and expenses of such reletting. Including brokerage fees and attorney's fee;
and of custs or such allera(lon$ and,r6palrs; third, to the payment ofrent due and unpaid hereunder, and the :estduc tf any, ,hill
I „• held by Lcl sir and applied in payment of future rant as the same may become doa and payable hereunder if such rental,
rv; cwcd from such reletting during any month be less than that paid during the month by Lessee hereunder Lcsscc shall p,v Sn)
such deficiency to Lc,snr. Such deficiency shall be calculated and paid monthly. Lessor may recover from Lessee all damages 11
MAY incur by reason of Lessee's default. Including the cost or recovering the Demised Premises, reasonable attorney's fees and
ta,Iudrrig th, worth at the time or such termlnuton of the exacta, If any, of the Amnum of rent and charges cqu;vatcni w Inc rCn,
reterved in this lease for the remainder of the stated term above the rental value of the lexsed premises &I time of default, all or
which amounts shall be immediately due and payable from Lessee to Letsor as If by the terms of this Lease It were pavabtc in
Advance and Lessor may Immediately proceed to dblr►In. Collect. or bring action for the said whole rem or such pan lhereor sc
aforesaid, as rent being in arrears or may enierjudgemen( therefor in at, amicable action as heroin elsewhere provldcd in CASC of
rent in arrears or may file a proofe(elaltn In any bankruptcy or Insolvency proceedings for such rent, or Lessor may %nctitute any
rtthcr proceedings, whether similar to the foragoing or not to enforce payment thereof. In determining the rent which would be
parable by Lestce, subsequent to default, the Annual rent for each year of the unexpired term shall be equal to Inc annual average
minimum rents paid by Lessee from the commencement of the term to the time of default, or during the preceding three full
calendar veers, whichever period is shoner Should Lessee be In default as hercinabove described. Lessor shall have in addmme,
to all other remedies prnvlded for herein or by law, the option of treating all or Any pan of the rent and additional rent reserved
hereunder al immediately due and payable. It being understood that the method of monthly or other periodic paypW, c prvv,ded
for herein aria file the 00nyeneence of Lessee and available to Lessee only of Lessee is not In derautt under this Lease Idl Too panics
herchv w Aivc trial by jury In any Action, proceeding or counterclaim brought be either of the ponies hereto adorns, the other on
env matters whatsoever arising out of or In any way connected with this Lactic. the relationship of Lessor And Lessee's uvc or
,act upanvy of the Demiscd Premises and /or any clalrn of injury or damage In the event Letsor commences any proceedings lair
non payment of :en:, minimum rent, percentage rent or additional rent, Lessee will not interpose any counterclaim of hR,c%cr
nature of detcriplion in any such proceedings, This shall nos, however, be construed As a waiver of Lcssec'a right to assen such
('la,ro, o, an) tcparase Action brought by Lesscc (el Lessee hereby expressly waives any and all rights orredempnon granted b,
„r under unr present ur future laws in the cvcKFOf Lessee being eyleted or dispossessed for any UuSC, o; m the event of Lcs,v,
,,h,s,ning possession of Demised Premises, by reason of the vtolAdon by Lcsscc of any of the provisions of ,bra Lcase air
mhtr.. ,e (i) In the event of s breath or threatened breach by Lessee of any provision of this Lease Lessor Shall have the right of
,n?unt:mr as d uther remedies were not provided for hermn, fit The rights and remedies given to Lessor in this Lease are distinct,
itparate and cumulative remedies, and the exercise of any of them shall not be deemed to exclude Lassor'x right w cscrc(se any or
all of the others thl Lessee expressly waives any right of detente which of MAY have to claim a merger and neither Ire
trmmencertlent of Any Action or prodeeding+ nor (he settlement thereof or entering of judgement lhcrcin shall bar Lessor from
hnnginjt subsequent actions of proceedings from time (o time, (1) This Section shall apply to any rcncwol or extension rf ih,s
Labe and if Lec,ce shall default hereunder prior to the date fixed as the commencement of any renewal or extension of th„
"asc Lessor may cancel such renewal or extension agreement by two (2) days written notice to Lessee. if any legal roe+ lee
ri,iurtAd bs Lessor In enforcing the terms of this Leate then Lessee shall be liable for such reasonable costs plus 20% to t•o%er
Lessi:r b overhead and expenses. Sanq shall be due and payable upon presentation are bill therefor
Slrtian 36. Dletralnl
1
If the sent and /or any charges herein reserved as Additional rant shall remain unpaid on any day on which Inc Same ought to
he paid. Lessor and any•person acting under Lassor, may enter the premises and without demand proceed by dlssrest and salt of
iht goods there found to levy the ran( and /or other charges herein payable as rent, and All costs and officers' commissions
:mluding watchman's wages and a constAble's commission of S% may be included in the levy and shall be paid h, the Lessee,
and in Uch CAse all tosis, officers' commission and other charges shall Immediately taaeh to And become pan of the claim of
I %s,ar fur rent and any tender of rent without said costs commission. and Lhsrgea made after the issue of a warrant of omtress
,hell not be sufficient to satisfy the claim of the Lessor. Lessee hereby expressly waives In favor of Lessor the oeneril of all laws
nor. ^,lace or which may hereafter be made regarding any limitation As to the goods upon which, of the time within which distress
is to he made aher removal of goods and further relieves the Lessor of the obligation of proving or idcntifyina such goods. 11 hcing
:he purpme and intent of this provision that all goods of Lessee, whether upon the Dcmiscd Remises or not shall be liable to
d,siress for rent Lessee v,sivcs in favor of Lessor all rights under the Landlord and Tcnant Act of 1951, and all supplements and
xmendmenis thereto that have been or may hereaher be passed, and authorises the tale of any goods d,siraused for rent it am
,tine after the rive days from said distralnt without any appraisemenl and /or condemnation thereof.
Section 3611a1 Coalessloo of )adgemebl
If tnc rent end /or any charges hereby reserved as rent or Any rent treated As If in Arreots shall remain unpaid on any day
when ire same ought to be paid, Lessee hereby empowers any appropriate officer or Anorney of any Court or record to appear for
i"a ce in anv and All actions which maybe brought for said Arrears of rent or charges reserved as rent o• any rent treated &a If ,n
.,rrcars and/or to sign for 1 estre an agreemeni for entering In any competent Coon an amicable action or actions for the recovery
of s.r,n arrears of rent or ether Charges or expgnscs or any rant froatod as if In arrears. and in said suits or in said onicsble
act m m sclluns to confess Judgement &gains% Lessee for all Arrears of rent of other charges reserved as rent or exprese as
aforesaid or any tent treated as if In arrears. And for Interest and costs, together with an Anarney's commission of 5% 5uch
suthnnty shall not be exhsutted try tine exerelse thereof, but Judgement may be confessed As aforesaid from time to time as often
s i an) or said rcn: and/or other tharges reserved or any rent treated As If in arrears shall fait due or be in arrears and such powers
may he axcr,tsed as well after the expiration of the original term and /or during any extension of renewal of tins lease and ahcr the
Cxptratrnn thereof At any time
Section AM. f jeeueaeni
wncn this LCAee snail be determined by term, Covenant or condirlon broken, either dunng the original term of thts Lea%% or
any - enewal or extension thereof. and also when and as soon as the term hereby created or any extension thereof shalt have
aspired, it shall be lawful for any attorney as attorney for Lassen to file an agreement for entering in Any competent Court An
amicabic action for judgement In ejectment against Lessee and all pemons ClAlming under Lease* for the recovery by Le tine of
possession of the hcreir, Demised Promises, for which this Lease shall b0 his Sutflelcnl warrant, whereupon, If Lessor so dcstres a
writ of possession may issue forthwith, without any priorwrit or proceedings whatsoever, and provided that if for Any reason Ahcr
such Action shalt have been commenced the same shall be determined and the possession of the promises hereby demised remAtn
.n or be restored to Lessee. Levine shall hive the right upon Any subsequent default Of def&ulta, or upon the terminsiinn of this
Lease As hereinbefora set forth, to bring one or more Amlcablo action or actions as hc,relnbetore set fonh to recover possession of
said premises
Seesion 361dI. A1Gdavlt of DOfaolt
In any amicable Action of ejectment And /or for rent In arrears, LaSaor Shall Ant cause (a be filed In such action an AKdavtt
made by huts or someone acting for him, setting forth the facts necessary to authorize the entry of Judgment, of which rACts Such
affidavit shall be conclusive evldcAee, And If a true copy of this Lcase (snd ofthe truth of the copy such affdavit shall be sufficient
%
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JUN -05 -2006 MON 12 48 ?M FROM'DABNE HARZ FAX 3056662956 ?ACE 8
e.d,n,e) be nl,d in such ac .on it shall n— tic neccsbury MAIL the original ass .lirrao, or --,racy. any rule ill : hurt Lu,mro or
pruChc, to the c0ii dry ndnvilhslanding.
Section 77, ALPeaa to Premtsna
Lessor shall have the right tri place, malnism and repair all utility equipment or any kind in, upon, ,round and cadcr the
OLn,,scd Pit nu,cs as may he necessary rot the service of the Demilsed Premises and other portions of Lessor's p,optrl, l c,,,,r
r,-It +tau his l. the right of enter the Demised Premises at all times to inspect or to exhibit the same t„ prn,pu%n,% purth n„(,,
mortgsye„ ic,,,•as and len►AIA and to make such rcpsirn, additions, alterslions ur impruvcmunls as Luster ma) deerit dks,r+blc
LL„ur shell he ullowco to take all niatcnal in. Ice slid upon said premises that may be required therefor whii,mt lilt ,.snit
n oat I] u Iing an cvicnan of Lussee in whole or in pan and the rents reserved shell in now Ise Abate whit, said wurk is ,o I) ro}.rt s, h,
r,•asun „f ht„ v• utierrupuun of Lejree'a badness or atharwisc and Lessee shall have nu clAnt for damapca If 1. —t v ship nt,I he
pcnon.11y pri. —it to purmii an entry into said premises when far any reason an entry Ihkrcm shall be petntrssihlt I cs,.,r ni-
cnicr the ,+me bs + mahter kcy or by the use o(forcc without renocring Lessor liable therefor and without n+ upy moon r +lief Iiug
ihr ubliMaunns „I tm, Leax' The prnvtsinns or this paragraph shall inn* wive be camirued to impusc upon Lrssnr an, t,l)4gatmn
whutsucver fat the matnlenance tit repair of tho building or any Part therenf excepl as utherw,se herein spcci+lly pr•,vnle 1 Dumog
Ili, — tot months pr,ilr ui the v.ptratiun of Ihlt Lease air any renewal term 1 cbsmr may place; upor, ihr said prcrim,v, I,. I,1 ' „r
lilt ,AI, ' hnKn, wbith L, sscc Shull purmn Intention thereon. Luasor shall havu the exclusive right ro use all yr so, p+rt,J the• n,,d
and exlLrnor side „+n, air the prenitses for any purpose.
Section 18. Insurance
I'hra+ghuLt llte terns of ibis (case, Lessee shall ntamtatn al Its Own Cost and expense Ill) Fire and cxlundLJ L,,ttrug,
,andabsnl, riot, mulictous noschicf and special extended coverage insurance in an amount adequate to kvvtr Iht ti„t td
rcpla,cmem ill all Jeutrulirris and Improvcntenb in the Demised Premises In the event of a lot, and (b) Public liuhdnl ahrir.nne
on +n -,o ^rvmv Iij%LA with mnnmum Ilmita of Ilabill:y to an amount of Five Hundred'rhousand 0500,000 Ou) lhol its Ior teeth,
,n)ury pLr„in+l ogory or duarh In any one person and One Million (SI.000.D00,00 Dollars (or bodily injury pers,ntul mptn to
dcAih to more than clot, person slid Fifty Thvussod ;550,000.00 Dollars with respect to damage to property by a mcr or ,oh,.rs i%,
and Ic) f•lrc ,nsur ante to An amount adequate weaver the cost of replacement of all riitures and contents in the Dkmtsei Pri aurc,
tin the event of damage due to fire, otlendud Coverage hazards, vandalism, malicious mischief and special extended cuvcr+j;e
hsrards, Leascc shall at its own expense, exclude Irom Its liability insurance policy the 'Care, Custody and Cunirol Fx, luw,n '
11 Lessee fails to p•ocure the required insurance. Leswr may, but shall not be required to, obtsm same from Ll!"CL And Lessc,
shall promptly reimburse Lessor for the cost thereof.
Section 39. Additional Insurance
Lessec agree to insure and keep insured In the name of Lessee and for end In the name of Lessor a Lessee , expense ill +h
„ul,ide pl.te glass in the Demised Premises, slid (b) if there is air conditioning equipment ,n, on adjoining, ur henc+,h he
Dcmiseti Premises Lessec will injure, and keep some insured with broad farm machinery insurance in the umouot tit fill
Thousand IS 1d.000.001 Dullard.
SLellon a0. Increase In inauranct Premiums
Lessee shall not stock, use or sell any article or do anything in or about the Demised Premises which may bL prulinbrit•d b,
Les,ur s tnsurance policies or any endorsements or forms attached thereto, or which will increase any Insurance rates and
p- emiums tin the Demised Premises, the building of which they ire a pan and /or all other buildings in the Shopping Cenicr
1 c,sce shall pay on demand any increase to premiums for Lessor's insurance or that of any other truant in the Shopping Center
Ih+l n)ay be charRed on such Insurance carried by Lessor or such other tenant resulting from Lessee "s use and occupant)' of IhL
Ucmtsed Premises or the Shopping Center whether or not Lessor has consented to the same. In determining ehe(her incrcaticd
premiums arc the result of Lessee's usc; occupancy or vacancy of the Damised Prerpises, a schedule Issued by the arganuatlon
nwking the fire Insurance, extended coverage, vandalism and malicious mischief. special extended ceversgc or any all risk
nl,urancc :axes for said Premises or any rule books ISaued by the rating organization or similar bodies or by rating procettures sir
rules of Lessor's Insurance companies shall be conclusive evidence of the several items and charges which matt ip the Inscrame
nit s and premiums on the Dcmiicc Premises and the Shopping Center, If due to the tit) occupancy, or (b) abandonment a' It
I , s,c,'s fadure Iri „ckuoy the Demised Premises as herein provided, any Insurance shall be cancelled by the tnsurankc t ar6k.r or it
the premium for any such ,nsorance shall be Increased, then in any or such events, Lessee shall Indemnify Arid hard Lc „tar
harmless and shall pity tin demand die increased cost of such Insurance. Lessee also shall pay In any of suen events am ,n,rc+sca
prcmium on the rem insurance [hat may be carried by Lessor for its protection Against loss through fire or casually
Section 41 Ina d'r Waiver, hollce
Any ri„ilrincc pro,umd by Lessee as nercin required shall be issued in the name of Lessor and Lessee by a tonti, ri,y L, u, alit
to do business ri, FlorWA and shall conuin endorsements that (a) such insurance may not be cancelled or amended with respect w
l c „or w nhuui Ten O0) dnyv' written notice by registered mail to Lessor by the Insurance company and (b) Leascc shill be sold)
re %ponbtbk fit: pal nneni of premium and that Lessor shall not be required to pay any premiums for such insurance and It I In the
vvk ill of payment of ally loss covered by such policy, Lessor shall be paid first by the insurance company for its loss and Id) Lcsscr
tones its :nr(h: of suhrugauun against Lessor rot any reason whatsoever, and any insurance policies heron •Lqu,rcd iv be
procured by L,ssLC sha11 cocain an expre,ii watver of any right of subrogolom by the Insurance company against the Lessor. i nc
orig ..tat poh, v mf ill ,,,,It insurance shall be delivered to Lessor by Lessee wtihin Ten (10) days of inception tit such pul,ry by tilt
Insurano, %timpanv Lcssce s complisnee with the insurance re4ulremenis herein shall not limit Lessee's li+bilit) unoLf SLCllo,l
40
Section 42. indemnity
t,,l I vtscc ,hall adLintufy Lessor and suvc it harmless From suits, ae40ns damogrs, liability and cxpL o,c in —11AL, uu„ %lilt
It,,, ill lift, b,ol,l) or punun +t injury or property damage arising from or out of shy oceurence in, upon, at or from ink Utm,skd
I',vou,t,, or ill,- . ,up iney or use by ;.asset of said premises or any part thereof, or uecuaimnud wholly or tit pan h) illy it „r
gnu „rim „I IL„ce, its agLnu, contra, -ton employees, servants, Invdecs licenses or tunucasnrna,rch t,ntludt„), uu t•I Ili,
.,J,,, jikt ,uml conunun areas grid facililles wtihln the Shopping Center develupme,n): unit (tit 1 e%%ec ,hall ,lyre it, pmpirtt
t,) +till ,lull ,h,u(ly lilt• DL•miild Preinisab and all other pardons of the Shopping Center al its ot,n risk .iod nisi„,
I,s,ur to tint• full ealn.ut pLrn:itted by law, from ell claims of every kind resulting from loss of life. personal air Wild) io)u) rn
prilptrt) oamdgc tit Lessor shall not be respundblo or liable a( any time for any loss or damage to Lessee s n,er,haodi,e
Lyulpment Gx'_rra Or other personal property of Lessec or to Lessee's business: and (d) Lessor shall not be respunstblc or h+ble ill
Lessee or to ,host claiming by through or under Lessee for any loss or damage to either the person or oropeny or Lessee that may
at o•cusion. d oy or rhnsugh the sets or omissions of persons occupying ad)peeni, connecting or adjoining premises, and (,) Lessor
shill net be revpuniobie or liable for any defect, latent or otherwise, in any building in the Shopping Center or any of the
equipment machinery utilities. appliances or apparatus therein, nor shall it be responsible or liable for any tn)ur) loss or
tlamage to any pertain or to any propety of Lessee or other person caused by or resulting from bursting, breakage or by or front
leakage steam or snow or tee, running, backing up, seepage, at the overflow of walcr or sewerage In any pan of told premises or
:or any injury or damage caused by or resulting from lets of God or the elements, or for any Injury or domage caused by or
resulting from any defect or negligence In the occupancy construction, operation or use of any of said premises building
machinery, apparatus or equipment by s ny person or by or from the acts or negligence of Any occupant of the premises (t) In ease
Lessor shall withot.t fault an its pan be made a party to any litigation commenced by or against Lessee, then Lessee snail protect
aria hold Lessor harmless and shall pay all Costs, ezponsos And reasonable attorney's fact (g) Lessee shall also piny all ends
expenses and reasonable anorney's fees that may be Incurred or paid by Lessor to enforcing the terms of this Lcasc
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Section 43. Hep.lra
LLSinr Shull ring he rcquirod tit make any repairs or Improvements a: any kind upon the Demised Premises except for
ncccsiary exterior %Iruetural repairs. Lessee shall, At its own cost and expense• take good Late of and Cooke nereiiary repairs,
iiructural and utherwiw0. In the Interior of the Demised Premises, And,(he fixtures and equipment therein and sppurenances
thereto, Including but rim limited In the exicrinr and Interior windows, dose! and entrances, store fronts, signs. showcases, floor
t—vrings, inleritir walls etdunns and partitions, lighting, heating, plumbing and sewerage (acil111es, and air ctmdiuuning And
v,nlilating Lquipment All Paris of the Inlerinr of the Demited Premises shall be patrt(od or otherwise decara'ea by Lessee
periudi, silt a% delermmvd by Lessor Lessee agrees to keep And malmAin in good condition the electrical equipment and healing
cqulpmenl In the Demised Premises and keep in force a standard maintenance agreement on all hcuiing and tar condrmmn,(
equipment and provide a rilpy of still mamtensnre agreemant io LeAmir. If the Lessee installs any electrical cquipmcni that
o,erluad% the hut, in the Dents,ed Prcmiset or the shopping Center, Lessee shall. el Lessor's g0tsn, be rettutrcd III make
i.Uutr%tr thungk <Iu,uLh Imes a% ntav he necessary In render die ionic In good order and repair sod In turaplante ,.rah all
w,ur,.A,t rrytpremUtt% and ill legal requirements. If I ester mukti repairs by rca +oat of Iuiicc', negligent act. Lci,u• may ada
Ili. r „,t of +mh rt p'ur% In Inv will u•hu'h shall Ihe•csfier bcennie due In the event of the failure of Lcssec In make repair, or
p%rh,rm uny a %t rcyutreJ by ihi% teat, promfilly as herein ugteed. Lessor• n sdditnm to qny nlhar rights, may go upon the
OL nu+td PrLnd +L%.tnd mikk imil repair df per'fnrm such acts AI the expense of LesAee. the cost rherenr u, be charged ht 1 eigec
A, uddun.1121 rani.
Sorllun 44 Cnmmun Area Fapcn.e.
In Loch (case veer as AeOnen in Scclian 5 hereof. Lessee will pay tr Lci+nr in addition to the rental% spctifieo heels
„ titnhrr addiuun.l ran LtrlVe (12$�: of the Shnppinx Center's operating Lost hereinafter dcGned, For the purpasL of Ihi,
1-i mn the 'Shipping Cenler'i operating toxlt” mains the total cost And expense incurred In. operating, And mumlaininr, the
Lumntun rutdOnes hervinuficr defined, actually used or'Avadsble for use by Lessee and the employees, agents, servani%.
ui,u,rgers and nthLr invitees of Lessee under a revocable licenso to Lessee. excluding onll items or expense cnmmnnly kin., n anti
ii— ign,red a%.mongage carrying charges and rLal estate taxes• but specifically including, wuhnul limitation• gardLmng and
land,ksping, repatn line minting, lighd -ig, sanitary control, removal of trash• rubbish, garbage and airier refuse dcprecuhnn
nn mathin, rt and L,(uipnieni used in wen maintenance. And the cost of personnel to Impleincnl such services, to direct parkins(
,Ind Io police the commno facilities, "Common faeilitlrs" means all areas, space• equipment and special servicca provided by
le,%nr under a roticablu license to Lessee, for the eomm,in or joint use and benefit of the octuganls of the Shopping Center
enpl ickN. agLnlh, akhanl%. eusu,mers and other Invilect, inehtding, without limitation, parking areas, scLeis roads d;ncuov%,
I utd„ aped arcs% tnttk scrviccwg)s and +idewalks
I IIL nl,hluinul rent pnivided to be paid in this Section shall betWelve (12$af to�al operational costs
por tLar. payable once a ydar in full. upon -re'zeipt- of oLessor S jhVV cg C amount shall bL
itilliged annualiv at the end of each Operating year (which tlsral period shall be determ;ncd by Lvs. r t e Shopping Center,
,,tell ;rtlfasuucnt stiAll be based upon the Shopping Center's operating cost As heretnbefore delincd and Lesscc ah.11 based on
the adju,intvnt, pji m int., ease or receive a credit as the Cale may be.
Section 45. Control of Common Areas by Lesser
All autumubtle parking areas• driveways• ert(ranees and exits thereto, and other facilities, if any furnished by Lessor In or
t: ar tht Shipping Canter. including employee parking areas• the iruck.way, perdostrian sldewalks and ramps, landscaped area+
and other arras and improvements provided by Lessor for (he general use. In common• of tenants, their officers, agents.
t nin(nvve, and customers, shall at all times be bubjeel to the exclusive control And management of Lessor, and Lessor shall have
tit% right from time in time to esuhli,h. modify and enforce reasonable rules And regulations with respect to all facilities and areas
rttenti,mLd in this Sccdun. Lessor ihull have the right to construct, maintain and operate lighting facilities an All said areas and
,n%pro %Lmvnts: sat police the same: from time to tine to change the area. level, location And arrangement of parking Areas and
other fatIlItICS herein above referred n, to restrict purking by lenariu, their officers, Agentq oral employees; go enforce oarking
thur)(L%thy nperaunn of meters or nnerwisel, with appropriate provisions for free pArkirg ticket validating by tenants, to clnsc all
air any pinion nf,aitt areas'or facilities to such extent as mgy, In the opinion of Lessor's counsel, be legally sufficlent to prcicni a
dedicau,tn thereof or the accrual of any rights go any person or the public therein, to close temporarily all or any portion of the
p Irking areas ur facilities: to discut,mge non,customcr parking; and to do and perform such other acts in and to said areas and
Impr l-mcni, ai, in the use of grand business judgement, she Lessor In Its sole discretion shall determine to be Advisable ,with a
I Icw Its the Improvement of the Lmiyunlence and use thereof by tenants, their offleen, agents, employees and customers Lessor
%ul oPcr.IC and maintain the common facilities referred to above to such manner as Lessor, in its sole discretion, .boll determine
front du„ to time wrthnut linw,ng the scope of such discretion Lessor shall have the full right and authority h, Lmpin% and
d,s,hath, all personnel and sit make All rules and regulations pertaining to and necessary for the proper operation and
mainicnJr,L of the cammnn areas and facilities
aeetlon 40. License
Noi.,•uh,tanding anything to the contrary herein cnntaned, all common areas and facilities not within the Demised P•emiscs
w high Les %ce may he Permitted w uhe and isceupy, are in he used and occupied under a revocable license, and if any such license
he ro,uked, air if the amnunl of such areas be diminished or their locations changed. Lessor shall riot be subject In any Ilahth(% r.nr
,hill Lc—cc he entitled in any compensailon air diminution or abatement of rent. nnr shalt such revocation or diminution of such
ifeu+ be th•ened cun,aruetive Or at tual evtoiinn.
5nllona7. tttlllllas
1 : , +%, ,h ,Il bL +uhly rcspun,thly for soil pn,ngith par all chargers for heal• %Pier, electricity, scvcn air sni utnar mdnc t —n
ur ,,,nits nhd ui ,rr Gtr tile, Demn.cd Prvdti,ci utnimcnLinyi from the flrsl dale 0n which the Lessee emus the premis- Should
Lessor rites w ,UPPly the - 'Jtcr.'gas- heat, electrictq or Any other utility used air consumed :n the Denied Prcmiics. Lcssec
spots+ to purcha %c and pay fur the same as additional rant at the applicable rates In no event shall Lessor be liable for an
uurrrupwin air radure to .he supply Of sueh utilities to the Demised Premises or for the character of such service
II I t „t, regntrt, u%e%or coniume% water flit tiny purpose. Lessor may install a water meter and thereby measure Lestee s
uanr tun %umptinn fnr all purpnic%. Les %tie shall pay Lessor for the east of the meter and cost of pm InsiAllatinn thereof ant
throughout the durulirim rat Lessce'% occupancy Lessee shall keep said ws,er meter and installation equipment to gaid working
order and renatr at t v %qeu'% Own Cris and expense, Lessee agrees to pay for water consumed, as shown on said meter car in the
ihtence of : meLLr ai 14 applicable .1110 sA and when bills are rendered, and on default in making such pAYment Leiinr may pav
,u%h t h irg %% and cu11%ci Inc same from Lessee Lcssec covenants and Agrees to pay the sewer rent charge or any other tax, rtni
Its% ..•,harge -hnh nits• or hereafter to assessed, imposed or A lien upon she Demised Premises or the realty of which they are
`part 11urhtisn( t.t law, ardor or regulations made or Istued In connection with the use, consumptfoyl, maintenance or supply of
w tit i "ate, ,s alt m. sewcroge connection or sewerage system or treatment plant.
v „oc of ill, fnrL going shall he deenied to be real e31110 taxes or tax increases within the meaning of Section 17
Section 48. Use of Additional Aram
The use and occupation by the Lessee of the Demised Premises shall Include the use in common with others entitled increto
of ine cunmun arcus employees parking areas, service facilities, sidewalks and customer car parking areas shown and depicted
on L'xnibti A and ocher facilities as may be designated from time to rime by the Lessor• subject however to the terms and
conditions of this agreement and to reasonable ruler and regulations for the use thereof as prescribed from time to time by the
L,-or The purpose of the site plan arached hereto as Exhibit A Is to show the approximate lOcAllon of the Demised Premises and
is not to be deemed to be a warranty, representation or agreement on the pan of Lessor that the Shopping Center will be exactly as
drptrted thereon or ;hit tenants depicted thereon ((f any) are now in occupancy or will be In occupancy at any time during she term
A,
BTO /600@ LLZ9 4LL 90£ XVA £T :bT 9fLL 90OZ/90/90
SUN -05 -2005 d10N 12-49 p!A rr "RON DAP "ENE itARZ SAX 305552955 PAS= 1Q
of u,is Leese. Lessn, hereby reserves the rigbl a Any time to mate ArtentionS or aoonsons to ■nu to ounu oi—i —sit „vies tar ,nc
building in wnich the premises Are conlaeged and to build adjoining the erne Lessor alsgteserves the ridhl to conitrucl other
cuildings or improvemenls In the Shops Center from time to time and to make Alters . thereof or additions thereto and to
build Additional stories on any such building or buildings and robi,lld adjoining same
SerdIA 19. I.oa&*e•A OF<rsison of BYaae►a
Lcsicc shall operate 100% of the Demised Premises during the ephre term of this Leese with due diligence and efri,hnry
unless p•evcnis•d by rauscs beyond Lessee's control, Lessee will conduct its bviincs, exclusively under Inc trade nano, ti-agnat d
undcr stetson is 6ub)cvl to inabddy by region of strikes or labor disputes Lessee shall conduce In bu+lne,a in Inc Demi,Ld
Prcrosscs in a c.aonar typical for such type of business In the city or trade arc► In which the Shnppina Center is Intaied Lc „ce w dl
keep the Iros,d premiset open for business during Thor &Arne days• nlghsa and hours ore the malnrety of the .,tort, l,rcated in the
Shopping Ccnicr tar during Ilia days, flights and hours agreed upon by a ma)oney of the tenants
Section SO Awnings A Canopks
Lebbee thsu n „t place or suffer to be placed or mantaln any sign• awning or connpy to upon oroultide the Demt,ta Pre nu,,,
or in the Shopping Center; nor shalt Lessee puce in the display windows any Sign. decoration, Icticring or advertising miller of
soy kind wuhous first obtaining LeASor's written approval And consent in each Instance. Lessec shall mainutn any such Atgn tar
other insututi,in at may be Approved In good condition and repair.
0
Section SI Lime's Inataltaatons and AlteAllons
Any work tar egdysmcni other thin those Rims speeifcally enumerated as Lcssur's work shall be penormed by Lessec at it%
it%n cost and cspcn,c and Lcssee shall without Iimtsaton fully equip the Demiscd Premises with All trade egaipment Iurmiure,
operahng cqutpnotri furnishings, futures, and exterior signsdnd any other equepnienl neeelsary (or the proper opetau.in it[
Lcs,cc s huslness All ftalures installed by Lessee shall be now or completely reconditioned. Shculd Lessor lin its Sul, dt,Lrt•h,rrtt
perntii Lcasc* to ,nslail a cooling tower of other atr•eondmaning equipment on the roof*( the Demised Premises or In other,vist
pirrct the rail fur any purpose, Lcssee shall assume primary respotnibilny for the maintenance And repair of the rtxd .rid ory
such installation, operation and maintenance shall be made by the original roofing contractor pmvidsng the bond and in such
mannet that the right of Lessor under any roofing bond then in force strall not be affected And Lessee shall be responsible for all
damadcs to Lessor and other lenanta in the Shopping Center Lessee shall not do any construction work or allenunns, our 111411
Lcssee Install an) equipment other Shan trade fissures (including but not limited to: waicr cooled, hot plates and air cundmmnen)
without fins obtaining Lessor's written approval and consent. Lessee shall present to Lessor plans and specifications for suth
wars at Ihr rime approval is coughs. Lessee shall not commence any such work wlihoue first dcllvcring to the Lessor a pnlic, or
politics of compensation• liability and properly damage insurance, naming Lctsor as additional Insured. In limits inn w•uh
enreipani:s acceptable to she Lessor, as well As A cemplc[ion bond In a form and issued by a surety company acceptable lit the
L c•asof Any aucntiuns auditions, improvements and Axlures Installed or paid for by the Lessee upon the Interior or exterior of
the DLrti,cd Premises other than un Bathed moveabic trade fsstures and deco- ations. shall upon the esp)rauon or csrh.r
icrm,nanon of Ibis Lease, al Lessor's option, become the property of the Lessor If Lessor chooses not to retain such alterations
asiosmons Improvements and fltsures, then Lessee shall remove ouch of these is Lessor chooses as Lessee's expense and shall
rrstiirc the Dcmiscd Premises in ennformily with Section 12 hereof Lessor shall In Its sale discretion, have she right to order
Lc ate* to terminal* Lessee's construction work At any time for any MAaan. Upon notification from Lessor to Lessec to ,usac r„rk
Lessee shall remove from the premises all agents, employees and coneaaors of Lessee fonhwi(h until such time as Lessor shall
have given us consent in -riling, and Lessee shall in connection therewith have no claim for damages of any nature wnatsoe,cr
igat'1st Lessur In the event that Lessto engages In the preps ration of food or baked goods or engages in the use, talc or tioring of
inflammable or comoustible material, Lessee shall install chemical aatinguishtng devices (such as Ansul) approved by the fire
Insurance rilinx organization and shall keep these davlees under service as tequired by the fire Inwrance rating organisation and
shall it co these devices undcr service ss requlred by the fire Insurance rating orgenlsuion; and, shall also instals a gas cut ofL If
ga. t, jicd in the Demised Premises. Nothing contained in she preceding sentence shall be construed in any was to cnlargr
Lcs,ct's rights, in the Demised Promises beyond those given by Section b of this Leasm If Letice falls to Instill said insi llxtion%
and svhsrnhe to the senvicirrg of such Installations, Lessor shall have the right to enter the Dcmiacd PrtmticA to make nrccsaar.
n
ti 1, It tinni and t barge the cost of such mat aha dons And in amtera new to Letaee as additional rent
Section S] Destruction
If Inc drmisc6 premises shall be partially de maged by Arty casts strycovered undcr the Lessor's insurancc policy, Lessor shall,
upon receipt of ncc insurAnce proceeds, repair the same and the Fixed Minimum Annual Rent shall be Abatud propunlunatcly as to
Ina] portion of the Demised Promises rendered unionanuble. Lessor shall nor be required to expend more roan the procceos of lit
insuranrc In repairing the premises If the Demised Premises (a) by reason of such occurrence is rendered wholly untcnan(sbic or
Its) should be asmsted as a resul: of a risk which is not covered by Ursor's Insurance or(e) should be damaged in whole or in pan
during the last three O1 years of the term or of any renewal term hereof, (d) or the building of which II is a pan, whether the
demrsuo premiacs to damaged or not, or all of the buildings which then comprise the Shopping Center should be damaged to the
extent of r,ventv•fr.e (25%x) percent or more of the then moftetery value there*'. or (e) if any or all of she buildings tar Lommon
arcs, of the Shiipping Center arc damaged, whether or not she Demised Premises are damaged to such in extent that Inc
Shopping Center cannot in the sole judgement of Lessor. be operated As an Integral unit, then In any of such events Leiser may
tither cites to repair the ddmagr or may cancer [his Lease by hotlee of e►ntellalton within One Hundred Eight (1801 days thcI
such event and thereupon this Lease shall cipire, and Lessee shall vaeale and surrender the Demised Premises to Lessor
Lessee's Iisbthiy for rent upon the Ierminatson of this Lease shall tease ssof the later of the day following the event or damages or
the date upon -hien Lcssce ceased to do business at the Demised Premises In the event lessor elects to repair the demo gc
insurable undcr Lcsaor's policies, any abotemenl of ren(shAll end Aher the Demited Premises hive been rcpasred If the damage
is caused oy the negligence of Lessee or its employees, agents, invitees, eoncossionalret, lhere shall be no abatement of fen,
Unlc,s Ihrt LLasr if terminated by Lessor, lessee`shdl repair and refiiture the Interior of the Demised Premises in a manner and
to a least a con4itiott equal to that existing prior to its destruction or casualty and the proceeds of all insurance corned by Lessee
on ,is property and improvements shall be held In frus( by Lessee for the purpose of said repair and repl&Lement
Sectlon S). Entire Aril” eeot
This Lorase grid the Cxhlbits, Riacts and /or Addenda if any anached set forth the entire agreement between the panics Any
prior convcrtatinns or writings Arc merged herele and cmingulshed. No subsequent smer.dmcni to Ihh Lease shall be hind,nd
upon Lessor or Lcssee unless reduced to writing and signed. Submission of this Lease for examinanrn does not commutc sit
option for the Demised Premises and It shill become effective is a Lease only upon execution and delivery thereof by Lessor to
Lcssee If any provision contained In a rider or addenda Is Inconsistent with the printed provision contained herein then the
pro,itions contained in sod rider or addenda shall supersede said printed provision. It is herewith speclflchlly Agreed that this
Lcasc contains no rcimetive covenants or exclusive&, eiprtis or Implied, In favorof Lessee, Should the t etsee at any time during
the term of this Lease claim nghis under a matrietive covenant or eteluslva, the Lessee herewith specifically warvct any tuck
claim with respect to any merchants with whom Iesses had been slgned prior to the date of the ugning of this Lcasc by both Lcssee
and Lessor The captions, numbers and Index appearing herein are Inserigd only a a matter of convenience and are not ivcnded
to define, limit, construe or describe the scope or intent of any paragraph, nor In any way afteci this Lcasc
Scclba St Ra)ora and RORWAdoaa
(a) All deliveries of 01tornents of any kind to and from the Demlaed Premises Including loading And vniaading or goods shall
bt made only be way of the rear of the Demised lommiaes or at Any other location dcolgnalcd by Lctsor, end Only at such Itr1r
dcsignsied (or such purpose by Lessor, (b) garbage And refuse shall be tept In The kind of container opect0ed by Lessor and shall
be placed a the location within the Demised Prembei dulgnated by Leaver for eollecilun at (he times speclAcd by Lcsx)r. Lessec
9 9.
OTO /OTO ® LLZ9 1,LL SOS YVA ET =6T SIM 90OZ/90/90
JUN -05 -2006 YON 12 50 PM FROM.DAPHNE MRZ PAX 3056662956 DACE ii
shall pay the cost Of removal Of garbage o• refuse; Le {sees all store tolled or dirty linen In approved fire rating orgsvt,lton
cnnlitncrs; If Lcssof shall provide or dcilign •- i ryita Fo picking up refuse and garbage, s. -ssce shell use self; At Lcssee,
papers, provided that such servl.^e Is price, mpeUd velyt O no radio, television, phonogrs sr other ,Imll.r dcv,ms or cerise
attached thereto (inside or outside) shall be Installed wlihput rsl obtaining In etch Instance the Lector's content to ,,siting and if
such consent be gwen• no tueh dev(pes thal be used Inca ms inbr co as to be heard or seen oulslde of the Demised premise., (di
,he outside areas immedtL {ally adjoining the Demised Preml }es shall be kept clear and free horn din and rsibbish by Lessee .nd
Lcssee shall nut pl.ee, suffer, o; permit any obstrunlons al merchandise In such areas; (e) Lessee shall not use the public or
common areas In the Shopping Center for business purposes Including but not limited to solicitation, or the distribution or sfristna
of handbills, (f) Lessee and Its employees shall park their cars only In those ponions of the parking areas, If any, designated for
that purpose by Lessor, Lessee shall fursslth Lessor with lit and ita ethplOyccs' automobile license numbers within five days tftcr
taking possession of the Demised Premises and Lessee shall thoreaher notify Lessor of any Changes within rive days after such
chsngcs occur; if Lessee or lit employees fall to park their tan In designated parking area', then Lessor may charge Least,- Ten
IS l0 00) Dollars per day for each day or panisl day per car parking In any areas other than those designated, As and liqu,datad
damages, Lcsscc hereby authorises Lesion to low away from the Shopping Center any of Lestee't cars or ears belonging to
Lessee's employees vsd /or to sclach violation' Flickers or noikes to such cars; (g) plumbing faeilules shall not be used fns scat
other purposes than [has for which they are constructed and no foreign substances of any kind shall be thrown therein, thl Lossec
shall use at Lcssee', cost, a pest ottarminuiOf' contractor at such Intervals As Lessor may require; (I) Lessee s121; not burn trash
Of garbtgc In and aonot the Demised Premises, the Shopping Center, W Lessce shall nos place, suffer or permn displays or
dccpralinns or shopping cans on the sidewalk in front of she Demised Promttet or an or upon the common arcs, of the Shopping
:entc•, 1k1 Lessor rosy amc•td or add Any rules and regulations for the use and care of the Demised Premises the bt.tldrngs of
wh;ch the promtscs see s pan, and the common areas and facilities and Lessee Agrees to comply with su
add,dons immed,atrfy upon receipt of notice thereof. ch .mend mcnts or
1. There are two assigned spaces in the parking lot which may be used by
restaurant staff. This is on the understanding that none of the
restaurant's customers will be able to use the parking lot.
2. Sections 17 and 44 of the Lease are payable in full not later that
thirty (30) days from receipt of invoice.
3. Rent payment must be received by Lessor and postmarked or hand delivered
not later that the 5th day of each month. If rent is received by Lessor
after the 5th day of the month, a late penalty of $50.00 will be
charged to the Lessee.
4. Notices to tenants may be mailed or hand delivered.
5. If Lessee fails to comply with any obligations of this Lease and
Lessor has to obtain legal advice or action, Lessee will be responsible
for all attorney fees.
6. Store is rented in "as is" condition.
7. Any remodeling, construetion,repairs, etc. that tenant shall make
inside the demised premises shall be the tenant's responsibility for
charges, permits, City inspection, municipality regulations and must
Qomply With(theriSouth Florida Building Code.
8. Lessee is responsible for keeping his dumpsters clean, including the
area immediately surrounding them.
9. The consent of the Lessor to a request by the Lessee to assign the Lease,
change the trade name or make alterations to the premises shall not be
withheld unreasonably.
10. Lessee shall be permitted to use the sidewalk in front of the premises
to service food and beverages to the extent permitted by municipal and
county authorities. Lessor shall cooperate in any respect to obtain
municipal or11 county permission.
11. Lessor grants Lessee four additional five (5) year options upon expiration
of the initial term of this Lease. The first year of each option and •
each subsequent year will have a three (3) per cent increase in rent.
12. The first two (2) months of the initial lease shall be rent free.
13. Lessor will obtain liability insurance in the amount of $1 million
per occurrence with $2 million aggregate. Lessor will be named as
"additional insured ".
IN WITNESS WHEREOF, the parties have respectively sig and sealed this
Lease as of the day and year first above written.
7
Daphne Lrz, Agent/14anager ione Pratf Manager
Seven Skies Company, INc. Taylor, L C.
OTO /TTO @l LLZ9 tLL 90C YVd VT :6T SfLL 900Z/90/90
JUN -05 -2006 MON 12 50 PM FROM DAPHNE HARZ FAX 3056662956 PACE 12
INDEX
BTO /ZTO121
/f
LLZ9 1,LL SOT YVd 6T :6T HU 900Z/90/90
Page
Section I
Demised Premises . .. , , 1
Section 31,
page
Section 2.
Length of Term
Lessee Definod, Use of
, . , , .. .. I
'Pronoun , , , ,
4
Section 3.
Commencement of Term 1
Section 32.
Partial Invalidity.
S
Section 4.
Fixed Minimum
Section 33
Estoppel
S
Annum Rcnt ....... , , , , 1
Section 34,
Cost of Living Adjustment
Section 5.
Additional Rent , , . , , , , , , I
Section 35.
5
Default ... ..
5
Section 6.
Use of Premises, , , , , .. , , 1
Section 36(a).
, , ,
Distraint
Section 7
Recording, , , , , , , , , , , , , , I
Section b 36 ,
()
, , . , ,
Confession of Judgement
6
6
Section 8.
Waiver of Liability .... , , 1
Section c 36 ,
()
EJcctment...
Section 9.
Brokerage Commissions , 2
Section d 36 ,
()
. , , ..
Affidavit of Default
6
Section 10,
Secyrity Deposit 2
, , ,
6
...... ,
Section 31.
Access to Premises
7
Section 11
Mechanic's Licns 2
.
. , , , . , ,
Section ]B.
Insurance . , , , ..
7
Section 12.
Surrender of Premises . , , 2
Section 39.
, , ,
Additional insurance
7
Section 13,
Total Condemnation . , 2
Section 40.
Increase in Insurance
Section 14
Partial Condemnation, , , 2
Premiums.... . , , , .
7
Section 15,
Lessor's Damages... , , , , 2
Section 41.
Insured's Waiver, Notice,
7
Section 16.
Lessee's Damages ... , , , 2
Section 42.
Indemnity, .
7
Section 17.
Real Estate Taxes ....... 2
Section 43
Repairs .
8
Section 18.
taxes on Leasehold, , , , , , 3
Section 44,
Common Area Expenses
8
Section 19.
Loss or Damage . , , , 3
Section 45•
Control of Common Areas
by Lessor . ........
8
Section 20,
Notice to Lessor. , , , , , , , , 3
Section 46.
License
. , , ,..
8
Section 21
Holding Over . , . , , .. , . , . 3
Section 47,
Utilities. , . , , ,
8
Section 22
Successors . , , , , , , , , , , 3 1
Section 48.
Use of Additional Areas . ,
8
Section 23
Assignment or Subletting 4
Section 49,
Lessee's Operation of
Section 24.
Subordination, Attornment, t
Business .. . , , , , . , . ..
9
Power of Attorney ....... 4
Section 50,
Awnings and Canopies, .
9
Section 25,
Laws, Waste or Nuisance. 4
Section 5l,
Lessee's Installations and
Section 26,
Force Majeure .. , .. ; 4
Alterations ....... .. .
9
Section 27,
Quiet Enjoyment , ..... , , , 4
Section 52,
Destruction ...... . ,
9
Section 28.
No Waiver , . , . , .. 4
•.
Section S3.
Entire Agreement ..... , .
9
Section 29
Accord and Satisfaction , , 4
Section 54.
Rules and Regulations
9
Section 30.
Notices , . . , , ... , 4
BTO /ZTO121
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LLZ9 1,LL SOT YVd 6T :6T HU 900Z/90/90
JUN -03 -2006 MON 12 51 PM FROM DAPHNE HARZ FAZ:3056662956 RACE 1;
,FIRST ADDENDUM TO LEASIX
This is the FIRST ADDENDUM TO LEASE ( "Addendum's to that certain Lease
Agreement (the "Lease') effective December _I:E:, 2005, by and between SEVEN SKIES
COMPANY, INC., a Florida corporation (the "Lessor'l and TAYLORS, LLC, a Florida limited
liability company (the "Lessee").
The Lessor and the Lessee entered into the Lease and hereby amend the Lease as
set forth in this Addendum. To the extent there is a conflict between the terms of the
Lease and the terms of this Addendum, the terms of the Addendum shall control. This
Addendum is part and parcel of the Lease and the two (2) documents shall be read as one ,
instrument. Capitalized terms used herein and not otherwise defined shall have the
meanings ascribed to them in the Lease. The Lease, as modified by this Addendum, shall
hereinafter be collectively referred to as the "Lease ".
AGREEMENTS
LESSOR'S DEFAULT
(a) The occurrence of any one or more of the following events shall constitute a
default and breach of the Lease by Lessor: (1) Lessor's failure to do, observe, keep and perform
any of the terms, covenants, conditions, agreements or provisions of the Lease required to be
done, observed, kept or performed by Lessor, within five (5) days after written notice by Lessee
to Lessor of said failure; or (ii) the failure of any representation or warranty to be true when
deemed given hereunder.
(b) In the event of any such default, Lessee, at its option, without further notice or
demand, shall have the right to any one or more of the following remedies in additional to all
other tights and remedies provided at law or in equity or elsewhere herein: (i) Lessee may remedy
such default or breach and deduct the costs thereof (including attorneys' fees) from the
installments of rent and any other payments due hereunder; or (ii) Lessee may pursue the remedy
of specific performance; or (iii) Lessee may seek money damages for loss arising from Lessor's
failure to discharge its obligations under the Lease; or (iv) Lessee may terminate the Lease
Nothing herein contained shall relieve Lessor from its obligations hereunder, nor shall
this Section be construed to obligate Lessee to perform any of Lessor's obligations.
2. USE
Lessee may use and occupy the Demised Premises for a Mexican — Chemed restaurant
with all ancillary services, including ourside dining, take -out, delivery, and any other related
restaurant use not to conflict with existing exclusive restrictions. Lessee shall operate under the
trade name "Qdoba Mexican Grill" or any other name selected by Lessee.
LOSS OF UTILITIES: INTERRUPTION OF UTILITY SERYICE.
Provided Lessee complies with all applicable laws, in the event of an interruption of
utility service. Lessee may supply any auxiliary utility service to the Demised Premises it deems
necessary, including, without limitatiou, the use of portable power generators.
1
OTO /ETOe LLZ9 6LL SOS XHd SUOT 9fU 90OZ/90/90
JUN -95 -2006 YON 12 51 PM. FROM DAPHNE HARZ PAX 3956662956 PAGE 14
4. ASSIOMvIENT.
Lessee shall not assign the Lease without the written consent of Lessor, which consent
shall not be unreasonably withheld, conditioned, or delayed. Lessor shall not be entitled to any
consideration in connection with any assignment. Within ten (10) days after receipt of Lessee's
notice of assignment, Lessor shall either provide its written consent (on the form provided by
Lessee - which form shall provide that the assignee assumes all obligations under the Lease) or
provide written reasons for Lessor's disapproval. Upon an assignment, Lessee shall
automatically be released from any and all liability under the Lease (this provision is self -
operative and no further documentation is requited.
5. FINA_N- C-M.
Lessee intends to obtain, ft 0m time to time, financing for the operation of its business in
the Demised Premises. Lessor hereby expressly subordinates any and all statutory or common
law lien rights Lessor may have upon any of Lessee's property or any other party's property in
the Demised Promises. This provision is self - operative and no further documentation is required.
However, in the event Lessee's finance company requires any additional documentation, Lessor
agrees to execute any such documentation upon the request of Lessee.
6. DUMPSTER; TRASH.
Lessor shall provide a location on the Shopping Center property convenient to the
Demised Premises for a trash container and recycling bins for trash disposal and recycling
exclusively for Lessee's use.
FORCE MATE TR _
Notwithstanding any other provision, in the event that any parry shall be delayed or
hindered In or prevented from the payment or performance of any covenant, agreement, work,
service, or other act required under the Lease, and such delay or hindrance is due to a cause
entirely beyond its control such as riots, insurrections, marital law, civil commotion, war, fire,
flood, earthquake, hurricane, or other casualty or acts of pod, the payment or performance shall
be excused for the period of delay and the time period for payment or performance shall be
extended by the same number of days In the period of delay.
8. SECTION 35 OF LEASE rV EFAU 7 .
The second (2"d) and third (3rd) sentences contained to Section 35(d) of the Lease are
hereby deleted in their entireties. Section 35(e) of the Lease is hereby deleted in Its entirety. The
words `or threatened breach" contained in Section 35(f) of the Lease are hereby deleted in their
entireties. Section 35(h) of the Lease Is hereby deleted in its entirety The second (2"d) and third
(3rd) sentences contained in Section 35(i) are hereby deleted in their entireties.
9. OMF- ' FEES.
If any party brings an action or proceeding to enforce the terms hereof or declare rights
under the Lease, the prevailing party in any such action, proceeding, trial or appeal, shall be
entitled to its reasonable attorneys' fees and costs to be paid by the losing party as fixed by the
court.
VA
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Typed Provision 5 on page 10 of the Lease is hereby deleted in its entirety.
10 SECTION 42 OF THE LEASE ( "IMlEMNITY").
Section 42 of the Lease is hereby deleted in its entirety and the following is inserted to
lieu thereof.
42(i) Indemnification by Lessee. Lessee shall defend, indemnify, and hold Lessor and
Lessor's agents, officers, directors, employees, and contractors harmless against and from
any and all injuries, costs, expenses, liabilities, losses, damages, injunctions, suits,
actions, fines, penalties, and demands of any kind or nature (including reasonable
attorneys' fees) arising in connection with any and all third party claims arising out of (a)
injuries occurring directly and wholly within the Demised Premises; (b) any acts of gross
negligence or willful misconduct of Lessee or Lessee's agents, employees, or contractors;
(c) any breach or default in the performance of any obligation on Lessee's part to be
performed under the Lease; or (d) the failure of any representation or warranty made by
Lessee herein to be true when made. This Indemnity does not include the intentional or
negligent acts or omissions of Lessor or Its agents, officers, contractors or employees
This indemnity shall survive termination of the Lease only as to claims arising out of
events that occur prior to termination of the Lease.
42(ii) Indemnification fiction by Lessor. Lessor shall defend, indemnity, and hold Lessee and
Lessee's agents, officers, directors, employees, and conttactorf harmless against and from
any and all injures, costs, expenses, liabilities, losses, damages, injunctions, suits,
actions, fines, penalties, and demands of any kind or nature (including reasonable
attorneys' fees) by or on behalf of any person, entity, or governmental authority
occasioned by or arising out of (a) trijurie3 occurring in the Shopping Center (other than
inside the Demised Premises); (b) any intentional act or negligence of Lessor or Lessor's
agents, employees, or independent contractors; (c) any breach or default in the,
performance of any obligation on Lessor's pan to be performed under the Lease; or (d)
the failure of any representation or warranty made by Lessor herein to be true when
made. This indemnity does not include the intentional or negligent acts or omissions of
Lessee or Its agents, officers, contractors or employees. This indemnity shall survive
termination of the Lease only as to claims arising out of events that occur prior to
termination of the Lease
: tLLL' u • tom. _ • : • � • •
Except for any damage caused to the roof by Lessee in connection with the installation of
any through -roof fixtures, Lessor shall pay for and promptly make all repairs and/or replacements
to the Demised Premises and the Shopping Center. Such repairs, replacements and maintenance
shall include, but not be limited to, the upkeep of the roof, foundation, exterior walls, interior
structural walls, and all structural components of the Shopping Center.
12. PARKING AREA LIGHTS.
Lessor shall provide (at no cost to Lessee) sufficient lighting over the entire parking area
all night long, 7 days a week
13 EXCLUSIVITY
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Lessor covenants and agrees that, during the term (and any extensions or renewals
thereof), no property which Lessor, directly or indirectly, may now or hereafter own or control,
and which Is within two (2) miles of any boundary of, the Shopping Center (the "Lessor's
Property" ), will be used for the operation of any Mexican, Cuban, Spanish or Latin themed
restaurant (whether eat -in and/or take -out). In the event that Lessee files suit against any parry to
enforce the foregoing restrictions, Lessor agrees to cooperate fully with Lessee in the prosecution
of any such suit, and reimburse Lessee for all of attorneys' fees and court costs incurred by
Lessee in connection with such suit, notwithstanding its resolution. Lessor shall enforce any use
provisions contained in any such existing lease which prohibit or restrict such tenant from
operating a business in violation of the foregoing exclusive use restrictions; in the event Lessor
shall fail or refuse to so enforce any such use provision, Lessee shall be deemed to have been
assigned Lessor's right to enforce such use provision and all costs incurred by Lessee in the event
of such enforcement (including without limitation attorneys' fees and costs) shall be reimbursed
to Lessee from Lessor. If Lessor violates the terms of this Section, Lessee may, at Lessee's
option, either: (1) terminate the Lease with thirty (30) day written notice to Lessor or (ii) reduce
the Fixed Minimum Annual Rent for the remainder of the term of the Lease (including any
remaining extension options) to an amount equal to 51.00 per square foot per year.
14 SIGNAGE.
Lessee, at its cost, shall have the right to install or place signs, awnings, or other
advertising materials in or about the Demised Premises or on the Shopping Center to the
maximum extent permitted by law and equal In size and prominence to the signage of other
tenants on a pro-rata basis based upon square footage of the Demised Premises; provided that
Lessee obtains Lessor's consent for any awnings and for the location of any pylon signs. Lessee
shall not unreasonably withhold, condition or delay its consent. Lessee shall be deemed to have
consented to such proposed signs and awnings unless Lessee notifles Lessor in writing of its
specific objections within ten (10) days of receiving such proposal. Lessor shall not allow any
signage other than Lessee's to be erected on the exterior walls of the Demised Premises, on the
face of the Shopping Center, on the roof above the Demised Premises or on any pylon sign post.
15. SECTION 52 OF THE LEASE ("DESTRUCTI N'1.
Notwithstanding the provisions of Section 52, in the event any of the circumstances enumerated
as subsections (a), (b), (c). (d), or (e) in the third (3r°) sentence of Section 52 occur, Lessee may
terminate the Lease upon thirty (30) day written notice to Lessor.
16. PARKING.
Lessee shall have the exclusive right to use the two (2) parking spaces shown on the
Shopping Center Site Plan attached to this Addendum as Exhibit "A" for the entire term of the
Lease.
17. NOTICES.
Whenever a provision is made under the Lease for any demand, notice or declaration of
any kind, or where it is deemed desirable or necessary by either party, to give or serve any such
notice, demand or declaration to the other party, it shall be in writing and served either personalty
or sent by United States mail, certified, postage prepaid, or sent by nationally recognized
overnight courier (i.e., FedEx) addressed at the addresses set forth below or at such address as
either party may advise the other from time to time
M
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jUN -05 -2006 MON 12 52 Phi FROM DAPHNE HARZ FAX 3056662956 ?AC? 11
To Lessor at: SEVEN SKIES COMPANY, INC.
7210 Red Road, 207 -B
South Miami, Florida 33143
Attn: Daphne Harz
Phone No.: (305) b 61—;F4 41
Fax No.:(305) bbb -R9 5'(0
To Lessee at: TAYLORS, LLC
2301 Alhambra Circle
Coral Gables, Florida 33134
Attn: Rene Prats
Phone No.: (305) 206 -9130
Fax No.: (305) 446 -8413
Notices given hereunder shall be deemed to have been given on the date of personal delivery (or
the first business day thereafter if delivered on a non - business day), or on the date of delivered by
nationally recognized overnight courier, or two (2) business days after the date of mailing
Typed Provision 11 on page 10 of the Lease is hereby deleted in its entirety and the
following is inserted in lieu thereof:
Lessee shall have the option to extend the tern of the Lease for four (4) consecutive five
(5) year periods (each an "Extension Term "), upon the same terms and conditions as
contained in the Lease. The Fixed Minimum Annual Rent for each year of each
Extension Term shall be an amount equal to three percent (3 %) higher than the Faced
Minimum Annual Rent for the immediately preceding year. [finless the Lessee provides
Lessor written notice (at least sixty (60) days prior to the then - current expiration date)
that it has elected not to exercise its extension option, each Extension Term shall be
automatic without the need for any further documentation.
19. WAIVER OF SUBROGATION.
Neither Lessor nor Lessee shall be liable to the other or to any insurance company (by
way of subrogation or otherwise) insuring the other party for any loss or damage to any building,
structure or other tangible property, or any resulting loss of [noire and benefits, even though
such loss or damage might have been occasioned by the negligence of such party, its agents or
employees if any such loss or damage is covered by insurance benefiting the party suffering such
loss or damage or was required to be covered by insurance pursuant to the Lease. Lessor and
Lessee shall require their respective insurance companies to include a standard waiver of
subrogation provision In their respective policies,
20. LESSOR'S ACCESS.
Notwithstanding anything to the contrary, Lessor and Lessor's agents shall have the right
to enter the Demised Premises upon seventy-two (72) hours prior written notice for the purpose
of inspecting the same, showing the same to prospective purchasers or lenders, and making
repairs to the Demised Premises or to the Shopping Center Notwithstanding the foregoing, in the
event of an emergency requiring Lessor's entry into the Demised Promises, Lessor may give
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Lessee shorter notice in any manner that is practicable under the circumstances. When entering
or performing any repair or other work in the Demised Premises, Lessor, its agents, employees
and/or contractors (a) shall identify themselves to Lessee's personnel immediately upon entering
the Demised Premises, and (b) shall not, in any way, materially or unreasonably affect, interrupt
or interfere with Lessee's use, business or operations on the Demised Premises or obstruct the
visibility of or access to the Demised Premises. In the event of substantial, material or
unreasonable interference, the Fixed Minimum Annual Rent and additional rent all shall be
equitably abated if the interference continues for more than twenty-four (24) hours. In the event
such interference shall continue for longer than three (3) months, Lessee shall, at its option, have
the option to terminate the Lease or continue to operate with rent abatement after such
interruption has ceased for a time period equal to the time period of such interruption.
21. CONSENTS
Whenever the right of approval or consent is given to a parry pursuant to the Lease, that
party shall not unreasonably withhold, condition or delay its consent unless the Lease expressly
provides otherwise.
22 CONFLICTS.
To the extent there is a conflict between the terms of the Lease and the terms of
this Addendum, the terms of the Addendum shall control.
(EXECUMNS ON FOLLOWING PAGE)
6
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6TO /6TO10
FAX 30566629116 PAGE 19
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the dazes set forth
below.
Srgned, sealed and delivered LESSOR:
i7Af presence of
SEVEN SKIES COMPANY, INC, a Florida
rint Name: ., 44 *7" By,
Name: -i H Z
Print Nama Title: t1A A A C G_ L
Signed, sealed and delivered
In the presence of
J a-r-
mt Name:
Print Name:
7
LESSEE:
TAYLORS, L Florida liability
company
By:
7111�1 Manag
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711