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CONCESSION LEASE AND PERMIT <br />THIS CONCESSION LEASE AND PERMIT is made between the City of Lakewood, Ohio, as <br />lessor ( "lessor" or "the City "), and Cornucopia, Inc., an Ohio non - profit corporation, as lessee <br />( "lessee ") on the date appearing below. <br />1. LEASED PREMISES. The premises subject to this lease consist of an interior one -room <br />concession stand in the standalone building situated between Foster Pool and the Kids Cove <br />playground area in Lakewood Park, which is located at the intersection of Belle Avenue and <br />Lake Avenue (14532 -14800 Lake Avenue) in Lakewood, Ohio. This lease shall also entitle the <br />lessee to perform food concessions elsewhere in Lakewood Park during the term of this lease, as <br />further provided herein. <br />2. TERM. The term of this lease shall begin on May 1, 2017 and end on April 30, 2018, and may <br />be renewable on such terms as are approved by the parties. <br />3. RENT. There shall be no rent paid by lessee during the original term of this lease. Base rent <br />and/or percentage rent that is a percentage of gross revenue of lessee's operations, in an amount <br />or amounts agreed to by the parties, may be payable during any renewal terms. <br />4. UTILITIES AND MAINTENANCE. <br />(A) Utilities. Lessor shall provide and pay for heat, water, electricity and any other utility service <br />currently being provided to the premises. <br />(B) Maintenance and repair. Lessee, at its own expense, shall keep the premises and appurtenant <br />installations in good repair and working order, except that Lessor shall maintain electrical and <br />plumbing facilities and structural portions of the leased premises at its expense unless any <br />damage thereto is caused by lessee. <br />(C) Health, sanitation and safety. Lessee, at its own expense, shall keep the premises clean, neat, <br />orderly, safe and sanitary at all times, and provide for the proper handling and disposal of <br />garbage, trash, and other refuse. Notwithstanding the foregoing, the City will collect Lessee's <br />trash and dispose of it at the City's expense. <br />5. ADDITIONAL PAYMENTS BY LESSEE. In the event lessee fails to keep the premises and <br />appurtenances in good condition and repair, or in a clean and orderly condition, or fails to pay <br />any taxes or discharge any lien required by this lease to be paid or discharged by lessee, or fails <br />to purchase and maintain insurance as required by the lease, or otherwise fails to perform any <br />condition of the lease, the City may cure any such default by lessee in the manner and to the <br />extent the City considers necessary or advisable in order to protect its interests or the interests of <br />the public. In any such case, the City shall be reimbursed by lessee for the cost of curing the <br />default. In addition, in the event the City incurs any expense by reason of any default by lessee <br />under this lease, regardless of whether the City elects to cure the same, the City shall be <br />