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705 Atlantic Blvd SIGN20-0013 sign permit . 1 °al,-- II Building Permit Application Updated 10/9/18 ',1 City of Atlantic Beach Building Department **ALL INFORMATION 800 Seminole Road, Atlantic Beach, FL 32233 HIGHLIGHTED IN GRAY e'i 9r A IS REQUIRED. 9J one: (904) 247-58 6 E ail: uilding-De t@coab.us �� 44,9 ress: '� �.( L Permit Number: S kC�N Z�% -UO 13 f�?, Legal Description ?)c��UC-AJ( 'it C 1(L J: .:.:k t L_ 11. RE# i 1 c---(055-(�(` �O r - Valuation of Work(Replacement Cost)$ i ,t1 \ ) Heated/Cooled SF Non-Heated/Cooled • Class of Work: slew ❑Addition ❑Alteration ❑Repair ❑Move ❑Demo ❑Pool ❑Window/Door • Use of existing/proposed structure(s): ❑Commercial ❑Residential • If an existing structure,is a fire sprinkler system installed?: ❑Yes ❑No • Will tree(s) be removed in association with proposed project? ❑Yes(must submit separate Tree Removal Permit) ❑No Describe in detail the type of work to be performed:DI0/1Ql,l ( `4. c I(y' c_4_ u'ut : 3C 5 Tt "[ I Dvjai i' : 3d5 del' , (Guy jo"( it-t 6. mom) . Florida Product Approval# l_for multiple products use product approval form Property Owner Infor tion / Name Vat0(4) `lt.,J Address I d�.C4 ���,)(City . S - 1L State -T I Zip O5 Phone C CC( # . LI . S� E-Mail C/I _Nev `i 0C IYINQ CJc CI 4 COGYJ Owner or Agent(If Agent, Power of Attorney Agency Letter Required) Contractor Information Name of Company Qualifying Agent Address City State Zip Office Phone Job Site Contact Number State Certification/Registration# E-Mail Architect Name&Phone# Engineer's Name&Phone# Workers Compensation Insurer OR Exempt 0 Expiration Date Application is hereby made to obtain a permit to do the work and installations as indicated. I certify that no work or installation has commenced prior to the issuance of a permit and that all work will be performed to meet the standards of all the laws regulating construction in this jurisdiction. I understand that a separate permit must be secured for ELECTRICAL WORK, PLUMBING,SIGNS, WELLS, POOLS, FURNACES, BOILERS, HEATERS,TANKS,and AIR CONDITIONERS,etc. NOTICE:In addition to the requirements of this permit,there may be additional restrictions applicable to this property that may be found in the public records of this county,and there may be additional permits required from other governmental entities such as water management districts,state agencies,or federal agencies. OWNER'S AFFIDAVIT:I certify that all the foregoing information is accurate and that all work will be done in compliance with all applicable laws regulating construction and zoning. WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. IF YOU INTEND TO OBTAIN FINANCING, CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE RECORDING V. • : OTICE OMMENCEMENT. C "AZ tre of Owner or Agent) (Signature of Contractor) w Si:ned�/and sworn to(or . j ed)before me thisz-O day of Signed and sworn to(or affirmed)before me this day of OV 0 Imo_ A r ' w •4 r`d c , ,by =o;rPY PUa',; TONT GINDLESP a• •R � t: �., 4�;,,- MY COMMISSION �( r f7Vb � (Signature of Notary) 1-!;-_, :ro EXPIRES:October 6,2023 : OF c;-°; Bonded Thru Notary Public Underwriters rei Sot rally'known uk [ ]Personally Known OR [ ]Produced Identification [ ]Produced Identification Type of Identification: �Z31-333-63-6 b 4 -() Type of Identification: SIcNZG- CO) 13 705 a--1-(0,1, R I,8__ CULINARY 904 CULINAR i GRANARY telt (\ 1i' r _. t` 49^sei�vraN✓t �a�NNMt Nu ins V lobar • ....._ ,. , CULINAR CUL! AR 404 cuuNaRr cHo x K xcK�rr CLLIN R 10STKITCKEH CULINAR c„�,;,,,,,,, a T KIT KFN GHOST X TCKEN ' 0 Cliet 0 . 36,5 Ft CUIINAPY y V Y- `--�� LABELS : 30"X40" 4 LABELS: 16" X 20" kmviriff A TRIPLE NET LEASE AGREEMENT This LEASE AGREEMENT, made as of the 24th day of September ("Lease" or "Agreement"), by and between Seminole South, LLC, a Florida limited liability company ("Landlord") and Culinary 904, LLC, a Florida limited liability company("Tenant"). RECITALS Tenant desires to lease from Landlord and Landlord desires to lease to Tenant certain Premises hereinafter described,upon the terms, covenants and conditions set forth here. Landlord is making improvements to the Premises in anticipation of and in advance of Tenant's leasing of the Premises and is relying on the Lease payments set forth herein including the deposit as consideration for making these improvements. NOW, THEREFORE, in consideration of the rents reserved herein and the mutual covenants, terms, conditions and agreements set forth here, the parties agree as follows: 1. Premises. Permitted Use. a. Demised Premises. Landlord hereby leases to Tenant, and Tenant hereby leases from Landlord, the following described retail space: 22-28 Seminole Road, Atlantic Beach, Florida 32233, a retail space comprising 1,426 square feet (hereinafter called the "Premises"). The total amount of rent will be determined based on a square footage of 1,426 unless expressly agreed by both Landlord and Tenant in writing. Before signing this Lease,Tenant had an opportunity to inspect the premises and agrees that the square footage mentioned hereto is correct. b. Permitted Use. Premises to be used as a food preparation site for a takeout-style restaurant, which shall be in accordance with all building and zoning requirements. Provided,however,that Tenant shall be prohibited from the retail sale of coffee beverages (collectively,the"Permitted Use"). Tenant is not permitted to use,for business purposes, outdoor space or common areas at the building without written approval of the Landlord and appropriate permission from the City of Atlantic Beach and any other relevant authorities. Permission from government agencies shall be the sole responsibility of Tenant. Tenant solely bears any costs associated with obtaining such permissions. c. Initial Improvements. Landlord shall, at its own cost and expense, have HVAC system serviced, and ensure that the system is in good working order. Landlord shall also,prior to lease commencement, professionally clean the Premises. 2. Lease Term. Commencement. a. Term. The term of this Lease shall start on October 1, 2020 and shall expire, four (4) years and two (2) months later, for a total of fifty (50) months), on March 31, 2024 (the "Term"). �G� b. Occupancy. Landlord shall deliver the Premises to Tenant on October 1, 2020. Landlord shall deliver the Premises to Tenant on or before October 1st, 2020. Each day the Landlord is delayed in delivering the Premises will result in a per diem reduction in rent due after the commencement of the Lease until the Premises is delivered to Tenant. 3. Payments. a. Base Rent. Total monthly payments during the Lease Term shall be a base rate of $20.00 per square foot with 3%escalations every twelve-month period,plus applicable State of Florida Sales Tax,as more specifically described in the schedule below.Tenant shall pay Landlord monthly at Landord's designated address below, or to such other person or at such other address as Landlord may from time to time designate in writing. b. Abatement. Landlord shall provide rent abatement equal to two (2) months from the commencement of the Term starting on October 1,2020 for Tenant improvements. c. Additional Rent.Triple Net Lease. This is a triple net lease. As such,portions of the Payments due under the Lease(as specified below)will be apportioned toward payment of the Landlord's Property and Liability Insurance Premiums and Real Property Taxes. Insurance Fees are estimated at $1.00 per square foot. Real Property Taxes are estimated at$1.50 per square foot and will be allocated on an equal proration based on each Tenant's square footage in proportion to the overall building's square footage. A total of$2.50 per square foot,plus applicable State of Florida Sales Tax, will be added to Tenant's base rent, and will be included in Tenant's monthly payments to Landlord. Payments are scheduled as per the table below. d. State of Florida Sales Tax. State of Florida sales tax will be imposed to the triple net lease amount(current rate is 6.5% - subject to change). Term (Estimated) Months Base NNN Annual Monthly Monthly+FL Sales Annual+FL Sales Rent/SF Rent/SF Tax Tax 1and 2 $ - $ - $ - $ - $ - $ - 3 through 14 $ 20.00 $ 22.50 $ 32,085.00 $ 2,673.75 $ 2,847.54 $ 34,170.53 15 through 26 $ 20.60 $ 23.10 $ 32,940.60 $ 2,745.05 $ 2,923.48 $ 35,081.74 27 through 38 $ 21.22 $ 23.72 $ 33,821.87 $ 2,818.49 $ 3,001.69 $ 36,020.29 39 through 50 $ 21.85 $ 24.35 $ 34,729.57 $ 2,894.13 $ 3,082.25 $ 36,987.00 e. Timing. Late Charges. Interest. All monthly Payments shall be paid in advance on or before the first day of each and every calendar month and continuing throughout the Term of this Lease. Payments shall be prorated during any partial month occurring under this Lease.Tenant hereby acknowledges that late payment by Tenant to Landlord of any sums due hereunder will cause Landlord to incur costs not contemplated by this Landlord 4/ Pt Tenant 3 CI- 2 Lease,the exact amount of which will be extremely difficult to predict in advance. Such costs may include, but are not limited to, processing and accounting charges and late charges which may be imposed on Landlord by the terms of any mortgage or trust deed covering the Premises.Accordingly, if any installment of Payment for rent or any other sum due from Tenant is not be received by Landlord or Landlord's designee within ten (10) days after such amount shall be due, Tenant shall pay to Landlord a late charge equal to 5% of such overdue amount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Landlord will incur by reason of late payment by Tenant, excluding collection costs and attorney's fees, if necessary. Acceptance of such late payment or late charge by Landlord shall in no event constitute a waiver of Tenant's default with respect to such overdue amount,nor prevent Landlord from exercising any of the other rights and remedies granted hereunder, including but not limited to the collection of interest on such late payment as provided for herein. In addition, Tenant shall pay to Landlord interest calculated at eighteen percent(18%)per annum on any unpaid amount due under the Lease. 4. Tenant's Covenants. Tenant agrees that the Premises is being delivered and accepted by Tenant in an "as-is" condition. Tenant hereby further covenants and agrees with Landlord as follows: a. Maintenance and Repairs. Landlord shall be responsible for maintaining and repairing the common areas, include utility lines, meters, exterior plumbing, roof structure, outer walls, the ceiling, the structural beams supporting the roof and other structural components appurtenant to the Premises, pipes, conduits, and all and other utility facilities outside or without the Premises to the extent that they serve the Premises. Tenant shall be responsible for maintaining and repairing the Premises and all interior features, including, pipes, conduits, window glass, fixtures, doors, and all and other facilities inside or within the Premises or to the extent that they serve the Premises. b. Acceptance of Premises. By taking possession of the Premises, Tenant shall be deemed to have accepted the Premises as being in good, sanitary order, condition and repair. Tenant shall, at Tenant's sole cost and expense, keep the Premises and every part thereof in good condition and repair, ordinary wear and tear excepted. Without limiting the generality of the preceding sentence,Tenant agrees,during the term hereof, to keep and maintain all interior and non-structural components, including storefront glass, interior walls, interior plumbing, interior electrical, and utility systems within or under the Premises that exclusively serve the Premises. Tenant agrees to annual HVAC repairs up to $300.00 plus a bi-annual HVAC service contract for duration of lease term. Landlord is responsible for repairs above$300.00 and replacement of HVAC. c. Avoidance of Waste. Tenant(i) shall not commit or permit any waste or damages to said Premises; (ii) shall not to conduct or permit to be conducted on said Premises any business or commit or permit any act which is a nuisance or which is or may be contrary to or in violation of any federal, state, local law or ordinance; and (ii) shall surrender Landlord /1/ Tenant 3 6'L 3 the Premises upon expiration or termination of this Lease in clean condition and good repair, normal wear and tear accepted. d. Alterations. Tenant will not, without first obtaining the written consent of Landlord, make any structural alterations, or improvements, in, to or about the Premises which consent shall not be unreasonably withheld,conditioned or delayed.Tenant's leasehold improvements (excluding Tenant's trade fixtures, equipment and furnishings) shall upon the expiration or sooner termination of the Lease become a part of the realty and be the sole property of Landlord, and, unless Landlord requests their removal, shall remain upon and be surrendered with the Premises as a part thereof, without damage or injury. If, during the term hereof, any change, alteration, addition, correction, improvement or repair to the areas appurtenant to the Premises shall be required by any law (including, without limitation, the Americans with Disabilities Act), rule or regulation of any governmental authority to be made in or to the area, facilities or appurtenances outside of or without the Premises, Landlord shall make such change, alteration, addition, correction, improvement or repair at Landlord's sole cost and expense. If, during the term hereof, any change, alteration, addition, correction, improvement or repair to the Premises shall be required by any law(including,without limitation,the Americans with Disabilities Act),rule or regulation of any governmental authority to be made in or to the Premises, Tenant shall make such change, alteration, addition, correction, improvement or repair at Tenant's sole cost and expense. e. Outdoor Use. Tenant shall obtain written consent from Landlord to convert outdoor space or any common area to be part of Tenant's Premises. Any and all outdoor seating/outdoor operations must be approved by the City of Atlantic Beach and any other governmental agency that shall require a permit or license. Obtaining said approvals and licenses shall be the sole responsibility of the Tenant. f. No Liens. THIS LEASE EXPRESSLY PROVIDES THAT THE INTEREST OF LANDLORD SHALL NOT BE SUBJECT TO LIENS FOR IMPROVEMENTS MADE BY TENANT. ALSO, TENANT SHALL NOTIFY THE CONTRACTOR MAKING ANY SUCH IMPROVEMENTS OF SUCH PROVISION OR PROVISIONS IN THIS LEASE, AND THE KNOWING OR WILLFUL FAILURE OF TENANT TO PROVIDE SUCH NOTICE TO THE CONTRACTOR SHALL RENDER THE CONTRACT BETWEEN TENANT AND THE CONTRACTOR VOIDABLE AT THE OPTION OF THE CONTRACTOR. g. Inspections. Tenant shall permit Landlord and its agents and representatives to enter the Premises from time to time upon commercially reasonable notice to Tenant to oversee construction,make repairs, and inspect the Premises. h. Subordination. Forthwith without written notice delivered by Landlord to Tenant,this Lease shall be and become subject and subordinate to any and all mortgages or deeds of trust now existing, or which may hereafter be executed covering the Premises or the real property of which the same are a part, or any leasehold estates affecting the same, for the full amount of all advances made or to be made thereunder and without regard Landlord_= Tenant 5 I 4 to the time or character of such advances, together with interest thereon and subject to all the terms and provisions thereof. Tenant agrees to execute,acknowledge and deliver upon request any and all documents or instruments requested by Landlord to assure the subordination of this Lease to any such mortgages, deeds of trust or leasehold estates provided that the holder of any such mortgage, deed of trust or leasehold estate agrees that in the event of foreclosure or other action taken by the holder thereof, this Lease and the rights of Tenant shall not be disturbed but shall continue in full force and effect for so long as Tenant is not in default hereunder. Tenant hereby agrees to attorn to any person, firm or corporation purchasing or otherwise acquiring the Premises,at any sale or other proceeding or pursuant to the exercise of any other right's,powers or remedies under such mortgages or deeds of trust or leasehold estate as if such person, firm or corporation had been named as Landlord herein. Tenant agrees to execute, acknowledge and deliver in recordable form to any proposed mortgagee or purchaser, or to Landlord, or to such other person designated by Landlord, a certificate certifying (if such be the case) that this Lease is in full force and effect and that there are no defenses or offsets thereto, or, if Tenant claims any defenses or offsets, stating those claimed by Tenant. It is expressly understood and agreed that any such statement may be relied upon by any prospective purchaser or encumbrancer of all or any portion of the real property of which the Premises are a part. Tenant's failure to deliver such statement within ten (10) days after Landlord's written request therefor shall be conclusive upon Tenant that this Lease is in full force and effect without modification except as may be represented by Landlord and that there are no uncured defaults in Landlord's performance. i. Utilities. Tenant shall be responsible for having all utilities connected and paying any deposits or payments for utilities associated with the Premises. Tenant agrees to be solely responsible for expenses related to phone,internes and cable services,electricity, water, gas, sewer, pest control,janitorial, trash removal and disposal, and any and all other services or utilities used by Tenant for the Premises. 5. Landlord's Covenants. Landlord hereby covenants, agrees, represents and warrants to the Tenant that(i)Tenant shall have the enjoyment and peaceful possession of the Premises during the Initial Term and the Renewal Term if authorized, (ii) Landlord, or any Affiliate of Landlord, shall not lease, rent, or approve a sublease of any property to any person or entity whose use of such property shall be for the purpose of a takeout restaurant, within the strip center generally defined as 705 Atlantic Blvd,Atlantic Beach, Florida and(iii)Landlord shall deliver the Premises to the Tenant on the Occupancy date stated in Section 2(b) of this Lease in good, clean, sanitary order, condition and repair. For purposes of this Agreement, the term "Affiliate" shall mean (i) any person who owns or controls more than fifty percent(50%) of the outstanding voting interests of the Landlord (a "Specified Person") or (ii) any entity in which a Specified Person owns or controls more than fifty percent (50%) of the outstanding voting interests of such entity. For the sake of clarity, Landlord is allowed to lease, rent, or approve a sublease of any property to any person or entity whose use of such property shall be for the purpose of commercial catering or restaurant, provided that such contract is not located at the strip center generally defined as 705 Atlantic Blvd., Atlantic Beach, Florida. Landlord ir'G Tenant,T3G T 5 6.Insurance. Tenant shall maintain at Tenant's expense throughout the term of this Lease the following insurance coverage at its own cost and expense: a. Worker's Compensation Insurance in the amounts required by Florida Statute. b. Bodily Injury Liability and Property Damage Liability Insurance in the amount of One Million Dollars ($1,000,000.00)per occurrence. c. All insurance policies of Tenant shall be subject to approval by Landlord in its sole discretion, to protect Landlord and naming Landlord as an additional insured under Tenant's policy(ies)protecting Landlord from liability for property damage, injury to or death of any person. All insurance required to be carried by Tenant hereunder shall be delivered to Landlord by Tenant at least ten (10) days prior to the Occupancy date in Section 2(b) of this Lease. d. All insurance policies of Tenant shall be deemed to be primary insurance for Landlord. Should Landlord have insurance applicable, Landlord's insurance shall be deemed excess insurance and shall further be non-contributory to any insurance of Tenant. 7.Assignment or Subletting. Tenant shall not assign or sublet any portion of this Lease. 8. Security Deposit. Landlord acknowledges a $2,000 security deposit paid by Tenant prior to the execution of this Lease as security for the full performance of all the provisions of this Lease. Said Deposit shall be co-mingled with Landlord's funds and will yield no interest. If at any time during the Term,Tenant shall be in default of payment of rent or any other sum due Landlord hereunder, or is otherwise in default hereunder,Landlord may apply all or a part of the Deposit for such payment or to cure such default, rent, late fees, interest and/or the like. In such event Tenant shall on demand pay to Landlord a like sum as additional security. Landlord may retain all or part of the Deposit to repair damages to or clean the Premises upon termination of this Lease consistent with applicable law. If Tenant is not in default at the termination of this Lease and there are no damages to the Premises, Tenant does not owe any sums due under the Agreement, then Landlord shall return the remainder of the Security Deposit to Tenant within thirty(30) days. 9. Indemnification. To the fullest extent permitted by law, Tenant shall indemnify, defend and hold harmless Landlord and its Affiliates, managers, members, shareholders, officers, directors, employees, agents, and representatives (collectively, "Indemnitees") from and against any and all loss,cost, expense,damage,injury,liability,claim,demand,penalty,or cause of action (including reasonable attorneys' fees and legal costs at trial and on appeal) arising from or in any way related to, or resulting from, the Lease, wherever such claim may be made. Tenant's obligation hereunder shall include,and not be limited to,its own negligence and/or the negligence of it its employees, agents, invitees, customers or contractors, but shall also include any alleged negligence of Landlord, excepting only Landlord's gross negligence or willful or wanton conduct. Tenant's obligation shall not be construed to negate, abridge, or otherwise reduce other rights or obligations of indemnification which would or could otherwise exist or be owed by Tenant to Landlord or Indemnitees arising by operation of law or in equity. Tenant acknowledges that compliance with the provisions this section is a material requirement of this Lease and any violation or noncompliance by Tenant of the undertakings, representations and warranties in this section will constitute a material breach of this Lease . Landlord '✓t`t, Tenant (L 6 10. Events of Default. Tenant acknowledges and agrees that each provision in this Lease constitutes a material part of the Lease. As such, a failure by Tenant to perform any duty or obligation under this Lease shall be considered an event of default. To the full extent permited by law, including,but no limited to,the following shall constitute an event of default of this Lease by Tenant: a. Tenant's failure to pay,when due, any Payment, including any installment thereof; b. Tenant's breach or failure to perform any duty, obligation or covenant herein; c. Tenant's abandonment or vacation of the Premises or its cessation or substantial reduction of its operations at the Premises, or its failure to continue doing business as a going concern; d. Tenant's failure to promptly pay when due any utilities or other charges associated with the Premises, the failure of which could result in the attachment of a lien or similar matter; e. Tenant's failure to maintain the Premises as required by this Lease or by applicable laws, codes and ordinances; or f. The attachment of any lien to the Premises other than a lien in favor of Landlord's lender. In the event of a default of this Lease by Tenant, Landlord or someone on its behalf may provide Tenant with written notice of the event of default and Tenant shall have thirty (30) calendar days to cure such event of default. If such event of default is not cured within thirty(30) days from the delivery of such notice, or cannot be cured or has no cure period, then Landlord shall be entitled to any and all of the remedies available by operation of law or in equity. If Tenant fails to cure any event of default of this Lease for a period of thirty(30) days, and has been timely notified of such event of default, then Landlord may accelerate and immediately collect from Tenant all rents and other charges due through the end of the Term. 11. Nonexclusivity. The exercise by Landlord of any right or remedy to collect rent or enforce Landlord's rights arising under this Lease shall not constitute a waiver of, or a binding election precluding the exercise of, any other right or remedy afforded Landlord by this Lease arising by operation of law or in equity. 12. Holding Over. In no event shall there be any renewal of this Lease by operation of law, and if Tenant should remain in possession of the Premises after the expiration of the Lease term and without executing a new Lease, then such holding over shall be construed as a tenancy from month to month,subject to all the conditions,provisions,and obligations of this Lease insofar as the same are applicable to a month-to-month tenancy. In the event of a "Holdover" Tenant agrees to pay one hundred fifty percent(150%)of rent for the first ninety(90)days of the holdover occupancy and two hundred percent (200%) of Rent for holdover occupancy beyond ninety (90) days. Landlord Tenant:5 GI 7 13.Force Majeure.Neither party shall be in default hereunder nor liable to the other party if such party is unable to fulfill any of its obligations, or is delayed in doing so, due to events beyond its control. In any such case, the time for performance shall be extended by a period of time equal to the duration of such events. Events beyond a party's control include, without limitation, war, civil unrest,weather conditions, accidents,breakage, strike, labor troubles, acts of God, government regulations, moratorium or governmental action or inaction, contagious or infectious disease outbreaks or other public health emergencies, such as, but not limited to, epidemics,pandemics or impositions of quarantine restrictions by any governmental authority,and the inability, despite the exercise of reasonable diligence,to obtain electricity water or fuel. If any delay or inability to perform can be avoided by the payment of money, such delay or inability shall not constitute an event beyond a party's control. This provision does not excuse the Tenant from paying rent to Landlord. 14. Governing Law and Venue. This Lease shall be governed by the laws of the State of Florida, and the Parties consent to the exclusive venue for all disputes arising hereunder in the State and Federal courts in and for Duval County, Florida and/or the United States District Court for the Middle District of Florida. 15. Radon Disclosure and Disclaimer. The following notification is required by Florida law and is provided for your information: "RADON GAS: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities,may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county health department." Landlord has not tested for Radon gas at the Premises and therefore makes no representation regarding the Presence or absence of such gas. Tenant hereby waives any and all actions and claims against Landlord related to the presence of such gas. 16. Additional Disclosures and Notices. Without in any way limiting and/or altering Landlord's covenants contained in Section 5 of the Lease,the Landlord is providing the following notices to Tenant: a. Tenant is advised of the possible presence within the Premises of toxic or otherwise illness-causing) molds, fungi, spores, pollens and/or other botanical substances and/or allergens (for example: dust, pet dander, insect material, etc.). These substances may be either visible or invisible,may become airborne,and may be mistaken for other household substances and conditions. Exposure carries the potential of possible health consequences. Landlord strongly recommends that Tenant contact the State Dept. of Health Services for further information on this topic. b. Tenant is advised to consider engaging the services of environmental or industrial hygienist (or similar, qualified professional) to inspect and test for the presence of harmful mold, fungi, and botanical allergens and substances as part of Tenant's physical condition inspection of the Premises, and Tenant is further advised to Landlord -1, 70r.. Tenant 8 obtain from such qualified professionals information regarding the level of health related risk involved, if any, and the advisability and feasibility of eradication and abatement, if any. c. Tenant is expressly cautioned that Landlord has no expertise in this area and is, therefore, incapable of conducting any level of inspection of the Premises for the possible presence of mold,botanical allergens.Tenant acknowledges that Landlord has not made any investigation, determination, warranty or representation with respect to possible presence of mold or other botanical allergens,and Tenant agrees that the investigation and analysis of the foregoing matter is Tenant's sole responsibility and that Tenant shall not hold Landlord responsible therefor. 17.Non-Waiver. Landlord's failure to insist on strict compliance with any of the terms of this Lease or to pursue any particular event of default by Tenant or remedy, shall not prevent Landlord from pursuing any rights or remedy in the future, and shall not be construed as a waiver. The acceptance of rent, even if untimely, shall not constitute a waiver. 18. Counterparts.This Lease may be executed in one or more counterparts,by original or facsimile signature, and a document containing a collection of signatures of the parties shall constitute one and the same agreement. 19. Time of Essence. Time is of the essence in computation of time and the performance of obligations under the Lease Agreement. 20. Successors and Assigns. The terms and conditions herein shall be binding upon and shall inure to the respective Parties' successors and permitted assigns. 21. Notices. Notices shall be deemed delivered when actually delivered, by courier, hand delivery or overnight courier(such as Federal Express) to the following: a. As to Landlord: Seminole South, LLC Attn: Walker Mason 2300 Marsh Point Road,Unit 301, Neptune Beach, Florida 32266 b. As to Tenant: Culinary 904, LLC Attn: Joel J. Gutierrez, Sr. 22-28 Seminole Road Atlantic Beach, FL 32233 22. Suitability. Unless otherwise provided herein, Tenant acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty with respect to the Premises or with respect to the suitability of the Premises for the conducting of Tenant's business. The taking of possession of the Premises by Tenant shall conclusively establish that the Premises are in satisfactory condition unless on such date Tenant shall give Landlord written notice specifying in reasonable detail the reasons why the Premises was not in satisfactory condition. Landlord Zd7't_ Tenants G I 9 Tenant, prior to the Occupancy Date, may perform a walk-through inspection of the Premises solely to confirm that all Landlord Improvements have been completed and all other contractual obligations of Landlord hereunder have been satisfied. In the event that Tenant provides Landlord with written notice that Landlord has failed to complete the Landlord Improvements prior to the Occupancy Date or otherwise has failed to satisfy all other contractual obligations hereunder, then the Occupancy Date and the commencement date of the Initial Term of this lease shall be delayed until such time as the Landlord has satisfied all contractual obligations hereunder. 23. Compliance. Tenant shall comply with all laws, orders, regulations, rules and requirements of every kind and nature, including the Americans with Disabilities Act, applicable to the Premises and Tenant's use of the Premises,now or hereinafter in effect, of all governmental authorities, whether they be usual or unusual, ordinary or extraordinary, or whether they or any of them relate to any structural changes made by Tenant in connection with construction, alterations or to changes or requirements incident to or as the result of any use of occupancy thereof or otherwise. Tenant shall pay all costs and expenses incidental to such compliance. 24. Uses Prohibited. a. Tenant will not use the Premises for any use or purpose in violation of the laws, ordinances, regulations and requirements of any governmental authority. During the Term, the Premises and every part thereof, shall be kept by Tenant in a clean and wholesome condition, free of any objectionable noises,odors,or nuisances and shall comply with all health and public regulations. The sale of coffee beverages by Tenant is prohibited. b. Tenant shall not do or permit anything to be done in or about the Premises nor bring or keep anything therein which will in any way increase the existing rate or affect any fire or other insurance upon the Premises or any of its contents or upon any building in the Premises' business park. c. Tenant shall not do or permit anything to be done in or about the Premises which will in any way obstruct or interfere with the rights of other Tenants or occupants of any building in the Premises' business park. d. Tenant will not utilize on the Premises any Hazardous Materials, as hereinafter defined, and will hold Landlord harmless from any and all actions or causes of action arising by reason of Tenant's breach of this covenant including the cost to defend,court costs and attorneys' fees at, during or before trial and appeal.As used herein, "Hazardous Materials" shall mean any hazardous, toxic or radioactive substance, material, matter or waste which is or becomes regulated by any federal, state or local law,ordinance,order,rule,regulation,code or any other governmental restriction or requirement, and shall include, but not be limited to asbestos, petroleum products, polychlorinated biphenyls, underground storage tanks, the terms "Hazardous Substance"and"Hazardous Waste"as defined or the Superfund Amendments and Reauthorization Act of 1986 and the Resource Conservation and Recovery Act, as amended, 42U.S.C. Set 6901 et seq., the term "Hazardous Chemical"as defined in the Occupational Safety and Health Act,and any definition Landlord 1✓7'Y Tenant 3 C 1 10 of hazardous material, substance or waste contained within any applicable environmental quality control statute of United States or the State of Florida. Common office supplies shall not be deemed a Hazardous Material hereunder so long as used in a reasonable, legal manner consistent with the Permitted Use and disposed of and handled in a legal and commercially reasonable manner. 25.Attorney Fees.If Tenant or Landlord shall bring any action for relief against the other, declaratory or otherwise, arising out of this Lease, including, without limitation, any suit by Landlord for the recovery of rent or possession of the Premises, the losing party shall pay the prevailing party attorneys' fees, costs and expenses for any such proceedings including any appeals. 26. WAIVER OF TRIAL BY JURY. IT IS MUTUALLY AGREED BY AND BETWEEN LANDLORD AND TENANT THAT THE RESPECTIVE PARTIES HERETO SHALL AND THEY DO HEREBY WAIVE TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM BROUGHT BY EITHER OF THE PARTIES HERETO AGAINST THE OTHER ON ANY MATTERS WHATSOEVER ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS LEASE, THE RELATIONSHIP OF LANDLORD AND TENANT, TENANT'S USE OR OCCUPANCY OF THE PREMISES, AND ANY EMERGENCY STATUTORY REMEDY. THE OBLIGATION HEREIN TO A WAIVER OF JURY TRIAL SHALL NOT BE BINDING UPON LANDLORD WITH RESPECT TO CLAIMS RELATING TO UNPAID RENT OR EVICTION PROCEEDINGS. 27. Prior Negotiations; Entire Agreement. It is agreed between the Parties that neither the Landlord or Tenant nor any of their agents have made any statement, promises or agreements verbally or in writing in conflict with the terms of this Lease. Any and all representations by either of the parties or their agents made during negotiations prior to the execution of this Lease and which representations are not contained in the provisions hereof shall not be binding upon the other Party hereto. It is further agreed that this Lease contains the entire agreement between the Parties and supersedes any prior lease negotiations or alleged agreements for the Premises. 28. Construction of Lease. The Landlord and the Tenant agree that they have each been afforded the opportunity to consult with legal counsel of their choice regarding this Lease. Landlord and Tenant agree that this Lease shall be construed as if mutually prepared by Landlord and Tenant and that this Lease shall not be interpreted in favor of one party or the other with any greater liberality or narrower construction. IN WITNESS WHEREOF,Landlord and Tenant have duly executed this Lease Agreement thisr2ay of .Ler, 2020. Landlord Tenant li Seminole South, Witnessed by: a Florida Limited Liability Company -- A Na -: Ed ,1_,. ^ wr By �L/� alker Mason, it Property Manager Nam:. irarNagle _ Culinary 904,LLC Witnessed by: a Florida Limited Liability Company Cdt.)ova° Rodd U Name: Edva O odr.cE,Ut--L. By —A• C / �--- Name:O J. Gutierrez - Title: 0 ., anager Na " «a„n io.. Landlord --7,77 Tenant 5 G 1 12