LANDLORD'S CONSENT
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.ILANDLORD'S CONSENT
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References In the shaded area are for Lender's use onl and do not limit the a
Borrower: Alexandra of Clearwater Beach, Inc. dba Pier 60
Concessions
56 Causeway Blvd
Clearwater, FL 33767
Lender: PEOPLES BANK
32845 u.s. HIGHWAY 19
PALM HARBOR, FL 34684-3123
THIS LANDLORD'S CONSENT Is entered Into among Alexandra of Clearwater Beach, Inc. dba Pier 60 Concessions ("Borrower"), whose
address Is 66 Causeway Blvd, Clearwater, FL 33767; PEOPLES BANK ("lender"), whose address Is 32845 U.S. HIGHWAY 19, PALM HARBOR,
FL 34684-3123; and City of Clearwater ("Landlord"), whose address Is p.o. Box 4748, Clearwater, FL 34618. Borrower and Lender have entered
into, or are about to enter into, an agreement whereby Lender has acquired or will acquire a security Interest or other interest In the Collateral. Some or
all of the Collateral may be affIxed or otherwise become located on the Premises. To induce Lender to extend the Loan to Borrower against such
security interest in the Collateral and for other valuable consideration, Landlord hereby agrees with Lender and Borrower as follows.
DEFINITIONS. The following words shall have the following meanings when used in this Agreement. Terms not otherwise defined in this Agreement
shall have the meanings attributed to such terms in the Uniform Commercial Code. All references to dollar amounts shall mean amounts in lawful
money of the United States of America.
Agreement. The word "Agreement" means this Landlord's Consent, as this Landlord's Consent may be amended or modified from time to time,
together with all exhibits and schedules attached to this Landlord's Consent from time to time.
Borrower. The word "Borrower" means Alexandra of Clearwater Beach, Inc. dba Pier 60 Concessions.
Collateral. The word "Collateral" means certain of Borrower's personal property in which Lender has acquIred or will acquire a security interest,
including without limitation the following specific property:
Furniture, Fixtures, Equipment and Inventory
Landlord. The word "Landlord" means City of Clearwater. The term '\.andlord" Is used for convenience purposes only. Landlord's Interest in the
Premises may be that of a fee owner, lessor, sublessor or lienholder, or that of any other holder of an interest in the Premises which may be, or
may become, prior to the interest of Lender.
Lease. The word "Lease" means that certain lease of the Premises, dated February 5, 1996, between Landlord and Borrower.
Lender. The word "Lender" means PEOPLES BANK, its successors and assigns.
Loan. The word "Loan" means the loan, or any other financial accommodations, Lender has made or is making to Borrower.
Premises. The word "Premises" means the real property located in Pinellas County, State of Florida, commonly known as 56 Causeway Blvd,
Clearwater, FL 33767.
DISCLAIMER OF INTEREST. Landlord hereby consents to Lender's security interest (or other interest) in the Collateral and disclaims all interests,liens
and claims which Landlord now has or may hereafter acquire in the Collateral. Landlord agrees that any lien or claim it may now have or may hereafter
have in the Collateral will be subject at all times to Lender's security interest (or other present or future interest) in the Collateral and will be subject to
the rights granted by Landlord to Lender in this Agreement.
ENTRY ONTO PREMISES. Landlord and Borrower grant to Lender the right to enter upon the Premises for the purpose of removIng the Collateral
from the Premises or conducting sales of the Collateral on the Premises. The rights granted to Lender in this Agreement will continue until a reasonable
time after Lender receives notice in writing from Landlord that Borrower no longer is In lawful possession of the Premises. If Lender enters onto the
Premises and removes the Collateral, Lender agrees with Landlord not to remove any Collateral in such a way that the PremIses are damaged, without
either repairing any such damage or reimbursing Landlord for the cost of repair.
MISCELlANEOUS PROVISIONS. This Agreement shall extend to and bInd the respective heirs, personal representatives, successors and assigns of
the parties to this Agreement. The covenants of Borrower and Landlord respecting subordinatIon of the claim or claims of Landlord In favor of Lender
shall extend to, include, and be enforceable by any transferee or endorsee to whom Lender may transfer any claim or claims to which thIs Agreement
shall apply. Lender need not accept this Agreement in writing or otherwise to make it effective. This Agreement shall be governed by and construed in
accordance with the laws of the State of Florida. II Landlord is other than an indivIdual, any agent or other person executing this Agreement on behalf
of Landlord represents and warrants to Lender that he or she has full power and authority to execute this Agreement on Landlord's behalf. Lender shall
not be deemed to have waived any rights under this Agreement unless such waIver is in writing and signed by Lender. Without notice to Landlord and
without affecting the validity of this Consent, Lender may do or not do anything it deems appropriate or necessary with respect to the Loan, any
obligors on the Loan, or any Collateral for the Loan; including without limitation extending, renewing, rearranging, or accelerating any of the Loan
indebtedness. No delay or omission on the part of Lender in exercising any right shall operate as a waiver of such right or any other right. A waiver by
Lender of a provIsion of this Agreement shall not constitute a waiver of or prejudice Lender's right otherwise to demand strict compliance with that
provIsion or any other provIsion. Whenever consent by Lender is required in this Agreement, the granting of such consent by Lender in anyone
instance shall not constitute continuing consent to subsequent instances where such consent is required.
f.
--" .iO:':28-1999
Loan No
.1
LANDLORD'S CONSENT
(Continued)
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Page 2
BORROWER AND LANDlORD ACKNOWLEDGE HAVING READ ALL THE PROVISIONS OF THIS LANDlORD'S CONSENT, AND BORROWER AND
LANDLORD AGREE TO ITS TERMS. THIS AGREEMENT IS DATED OCTOBER 28,1999.
BORROWER:
Alexandra of Clearwater Beach, Inc. dba Pier 60 COncessions
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BY:::;:;:;:;:;::?:::::::;:;:::::::;:::;:;:;:::::::::"................. :-:.;.:.;.:,;.;.;;.:-:.;.:.:.:.:.:-:.:.:.:.;.;.:.;.:.;.;.:';';';';';';';':.'.:.:.:..:::.
Steven C Chandler, President
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LANDLORD:
City of Clea
LENDER:
PEOPLES BANK
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Landlord's Signature
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By:
Authorized Officer
LASER PRO, Reg. U.S. Pat. & T.M. Off., Ver. 3.26 (c) 1888 OFI ProServices, Inc. All rights reserved. [FL-E45 ALEXANDR.LN)
Attest: