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agreements cont~ined herein. or as an actual. implied or construc-
tive eviction of the Lessee from the Recreation Ce~Cer by the
Lessor or anyone actin~ by~ through. under or for it; or as an
cxcuse, 3ustification. waiver or indulp,ence by the Lessor to the
Lessee of the Lessee's prompt. full. complete and continuous per-
forniance of its agreements contained herein.
4. USE OF PREMISES.
• 4.1 Laws and Re ulations. Use of the Recreation
Center shall be subj ect to a aws, sta~utes, ordinances, rules
and regulations of all appropriate governmental authority, the rules
~nd regulaCions ot the National Board of Fire Underwriters or their
successor in interest and the requiYe~ents of all policies of insur-
ance in force with respect to the Recreation Center.
4.2 Persons Who Ma Use, The persons who may use
and en3oy the Recreation 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 unreRistered, and members of
the immediate family of guests of the Lessee, whether registered or
unregistered. It is understood that the Lessee operates a motel on
the adjoining property and has entered into this lease of the
recreaCional area for the benefit of its guests.
5. RENT.
S.1 Ariount of Rent. The Lessee shall pay to the ~
Lessor commencing ?larch l, 97S and throughout the remainder of the
term of this Lease a minimum rent of FIVE HUNDRED FIFTY DOLLARS
(5550.00) per ~onth or two percent (29'v) of the gross room rental
income, whichever is greater~ but in no event ~aill the rental payabl.e
by the Lessee to the Lessor exceed the sum of OAIF THOUSAND THREE
HUNDRED DOLLARS ($1.300.00) per month. The minim~m? 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 rooo rental income during
the prQCeding three (3) month period and pay to I.essor a sum equal
to the foregoing percentage rental less the minimwn guaranteed rental
applicable to and paid for such quarter annual periods. Within ninety
-(90) days after the end of each lease year, Lessee shall furnish to
Lessor a statement of its gross room rental income during the pre-
t . ceeding lease year.
~ 5.3 Records. For the purpose of determining the
rental percentage to e paid hereunder, Lessee shall mai~tain and
keep at the motel or at its main office in Stuart, Florida a complete
and aecurate 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 th~ annual report of gross room rental income
T~ is furnished by Lessee to Lessor as a~ove provided, to make or cause
~ to be made an audit of the record of Lessee pertaining to such grass
room rental income with respect to the preceding lease year. If I.essor
~ 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-
s 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 $aid one hundred ei~hty (130) day period. the statement
~ furnished by ~essee with respect to such lease year shall be conclusive
~ upon the patties. If such audit discloses an error in Lessee's state-
~ ment, Lessee s:~all immediately pay Lessor the difference in rent or
; Lessor shall remit any overa~e to the Lessee.
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~ F OGK 20J PA~E 394
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