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agreements contained herein, or as an actual, itnplied or construc-
tive eviction of the Lessee from the Recreation Center by the
. Lessor or anyone acting by. through. under or for it; or as an
excuse, 3ustification, waiver or indulgence by the Lessor to the
Lessee of the Lessee's prompt, full, complete and continuous per- ;
formance of its agreements contained herein. ~
4. USE OF PREMISES. ~
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4.1 Laws and Re ulations. Use of the Recreation ~
Center shall be sub3ect to a aws, statutes, ordinances, rules ~
and regulations of all appropriate governmental authority, the rules
and regulations of the National Board of Fire Underwriters or their
~ successor in interest and the requirements of all policies_of insur- `
ance in force with respect to the Recreation Center.
4.2 Persons Wtio Ma Use. The persons who may use
and en~oy the Recreat on enter y, t rough and under the Lessee
shall be limited to employees of Lessee and their guests, guests -
~ of the Lessee, whether registered or unregistered, and members of
the immediate familp of guests of the Lessee, whether registered or
unregistered. It is understood that the Lessee operates a motel on
the ad3oining property and has entered into this lease of the
recreational area for the benefit of its guests. -
5. RENT. • ~ ~
5.1 Amount of Rent. The Lessee shall pay to the
Lessor co~nencing August , and throughout the remainder of the F
term of this Lease a minimum rent of FIVE HUNDRED FIFTY DOLLARS F
(5550.00) per month or two percent (270) of the gross room rental ~
income, whichever is greater, but in no event will the rental payable
by the Lessee to the Lessor exceed the sum of ONE THOUSAND TNREE
HUNDRED 1~OLLARS ($1,300.00) per month.- The minimum rent shall be
payable monthly in advance on the first day of each and every month
during the term of this lease.
5.2 Accountin for Percenta e Rental. Lessee shall~-
within fifteen (15) ays a ter t e en o eac quarter of each lease
year, furnish to Lessor a statement of gross room rental income during
the preceding three (3) month period and pay to Lessor a sum equal
to the foregoing percentage rental less the minimum guaranteed rental
I~~ applicable to and paid for such quarter annual periods. Within ninety
~ (90) days after the end of each lease year, Lessee shall furnish to
j Lessor a statement of its gross room rental income during the pre-
~ ceeding lease year.
~ = 5.3 Records. For the purpose of determining the
rental percentage to e pa d hereunder, Lessee shall maintain and
keep at the motel or at its main office in Stuart, Florida a complete
and accurate record of all room rentals made in, upon or from said
premises, and Lessor shall be entitled during the one hundred and
eighty (180) days after the annual report of gross room rental income
is furnished by Lessee to Lessor as above provided, to make or cause
to be made an audit of the record of Lessee pertaining to such gross
room rental income with respect to the preceding lease year. If Lessor
desires to make or cause an audit to be made as above provided, it shall
notify Lessee in writing, and Lessee agrees to make said records avail-
able to Lessor or its auditors at the motel or at such main office,
during the usual business hours in said one hundred eighty (180) day
~ period. If Lessor does not request or make or cause to be made an
audit during said one hundred eighty (180) day period, the statement
furnished by Lessee with respect to such lease year shall be conclusive
upon the parties. Zf such audit discloses an error in Lessee's state-
ment, Lessee shall im~nediately pay Lessor the difference in rent or ~
Lessor shall remit any overage to the Lessee..
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