Seat 3: Mike Costello – C		
Seat 5: Borden Deane – VC		
Seat 1: Bob Ference – AS		
Seat 2: Robert Plummer – AS		
Seat 4: Harry Krumrie – AS		

Lake Ashton
Community Development District
Special Meeting Agenda

Thursday	Lake Ashton Clubhouse Ballroom
December 5, 2019	4141 Ashton Club Drive
11:30 a.m.	Lake Wales, FL 33859

Roll Call and Pledge of Allegiance

Approval of Meeting Agenda

Public Comments on Specific Items on the Agenda (speakers will fill out a card and submit it to the District Manager prior to beginning of the meeting)

Discussion Regarding Nini’s Lease Agreement

Adjournment

AMENDEDRESTAURANT MANAGEMENTCONTRACT AND
LEASE AGREEMENT

BETWEEN

LAKE ASHTON COMMUNITY DEVELOPMENT DISTRICT,
A FLORIDA COMMUNITY DEVELOPMENT DISTRICT1 ASLANDLORD,

AND

NINl'S LAKE ALFRED CAFE, LLC,
A FLORIDA LIMITED LIABll llY  COMPANY, AS TENANT

LOCATION:

RESTAURANT SPACE WITHIN
LAKE ASHTON COMMUNITY DEVELOPMENT DISTRICT CLUBHOUSE 4141 ASHTON CLUB DRIVE
u\KE WALESi  FLORIDA 33859

1

.Lake A,:hfon end Nini's Lake.Alft-ed CM'e Amended • 2018Rest8\llllllt Lease

AMENDED MANAGEMENT CONTRACT AND LEASE AGREEMENT
THIS AMENDED MANAGEMENT CONTRACT AND LEASE AGREEMENT (hereinafter the
"Agreement')  is made and effective as of this -11:    day ofJU,  ,2018 (the "Effective Date•), between LAKE ASHTON COMMUNITY DEVELOPMENT DISTRICT, a Florida community development district and local unit of special-purpose government located in Polk County, Florida, hereinafter the "Landlord", and NINl'S LAKE ALFRED CAFE, LLC, a Florida limited liability company, hereinafter the "Tenan.r
ARTICLE I.	GENERAL   AGREEMENT PROVISIONS

The terms and conditions contained in this Article I set forth certain basic terms of the A9reement and the definition ofcertain terms used inthe Agreement.
Premsei s,  That certain restaurant space (commonly referred to as the "Restaurant; within the Lake Ashton Clubhouse (the entire clubhouse building and appurtenant areas are referred to herein collectively as the "Facilitt) located at 4141 Ashton Club Drive, La e Wales, Florida 33859, containing approximately 3,987 gross square feet of Interior floor area and the outdoor patio area adjacent to the interior area, depicted onExhibit A attached hereto (the "Premsies").

Tenant shall also have exclusiye rights (except as limited herein) for management, oversight at1d provision of food and beverage service to landlord's ballroom facility (the "Ballroom") and other areas of the Facility. Landlord shall be permitted to issue certain exceptions to the Tenant's exclusive rights to manage, serve and provide food and beverage seNice to the Ballroom and other areas of the Facility,
based on theLandlord's sole and reasonable discretion, in order to accommodate specific resident events
and activities. Except as provided herein, the terms of this Agreement apply to the Premises (Inclusive of the adjacent patio area), the Ballroom and other areas of the Facility for the specified purpose of providing food andbeverage service to these areas.

1.1.1		Non-Exclusive Use of Outdoor Paito Area: Tenant shall have non-exclusive use of theoutdoor patio area, including the patio area adjacent to theinterior area included within the definition and depiction of the Premises. Tenant shall cooperate with Landlord at all times to ensure shared access to theoutdoor patio area and shallnot restrict use or access to theoutdoor Patio area.

Commencement Date:  For the purposes of this Agreement the •Commencement Daet shall be the date the restaurant is open forbusiness, which shall be on orbefore June 1, 2018.

Term. The term of this Agreement (the "Agreement Tenn"), unless sooner terminated as elsewhere provided in this Agreement, shall be for a period of three (3) years, beginning on the Commencement Date and terminating and expiring at 11:59p.m. on the last day of the Agreement Term. Subject to Section 4.1 herein, Landlord and Tenant may, by mutual agreement and pursuant to a written Instrument executed prior to the expiration of the Initial Agreement Term, extend the Agreement Term.

Advertising and Communir.ations. Tenant shall advertise the Restaurant and a$0Ciated catering services on an as needed basis, as determined by Tenant, to market.,advemse, and create public awareness of theRestaurant

2

La1ce Ashton aod N"mis' Lake Alfred Cate
Ameml.cd - 2018 Re1111urantLease

Pennitted Use of thePremises. Tenant covenants and agrees that It shall, throughout the Agreement Term, continuously use and occupy the Premises solely and exclusively for lhe purpose of operating a restaurant facility providing food and beverages. For the purposes of this Agreemen,t the uses of the Premises as defined and described in this Section 1.5 shall be referred to as the "PermittedUse. Unless provided otherwise in the Rules and Regulations (hereinafter defined), at a minimum, the Premises willbe open and providing meal service at least six(6) days a week serving Lunch (or Brunch) and Dinne,r but may be closed, at the option of the Tenant, entirely on Christmas Day and New Year'sDay. Landlord and Tenant agree and acknowledge that the operating requirements may be adjusted by mutual written agreement of the parties hereto to accommodate seasonal demand, special even1s and other operational consdi erations.

Sale of Merchandise. Tenant shall not sell any merchandise, includin,gbut not limlted to, clothing, memorabilia, electronic media (compact discs, tapes, etc.;)and similar such items, without the prior consent of the District.

InitialSecurtyi Deposti.  Tenant shall deposit with Landlord, as securtty for its obligations under this Lease. the total sum of Six Thousand and No/100 Dollars ($6,000) via cashier's check, to be paid pursuant to the schedule set forth herein (the "Security Deposir} Tenant shall pay the Security Deposit to Landlord in accordance with the following payment schedule: (i) Two Thousand and No/100 Dollars ($2,000) on the Commencement Date. (ii) Two Thousand and No/100 Dollars ($2,000) within thirty days of the Opening Date and (II) Two Thousand and No/100 Dollars ($2,000) within sixty (60) days of the Opening Date. The Security Deposit shall be held in an account (with interest, if any, paid to the Landlord) controlled by the Disrtict.Manageurntil the expiration or sooner terminaitonof this Lease, when It shall be released and disbursed inaccordance with Article XX herein.

Improvements.  Tenant will timely perfonn their respective responsibilities with regard to the improvement of the Premises as set forth herein and shall pay all costs associated with their respective duties (see Article XIV for additional information.)

Utiliteis. Landlord shall pay for all utilities (water, electric, trash removaVrecycling) provided to the Premises, except for propane gas, which is provided separately .to the Premsies: Tenant shall arrangeand pay for any propane gas and propane gas related service in any amounts necessary for Tenant to conduct operations hereunder. Landlord shall also be responsible for the cost of all telephone services to the Premises, both local and long distance, except international calls which shall be the responsibitiyl of the Tenant. Further provisions concerning utilities are contained inArticleVilherein.

Taxes. At the time of the execution of this Agreement, the Premises are assessed and billed for ad valorem taxes and assessments separate and apart from the remainder of the Facility. Landlord  shall  be  responsible  for  paying,  before  they  become  delinqunet,  ad  valorem  taxes  and assessments, leVied and assessed against the Premises during the Agreement Term by a governmental
entity having jurisdiction over the Premises.	Tenant shall be responsible ror any other taxes or assessments.

3

Lake A:shion nnd Nini's Luke Alfred Cofo
Amendfd - 2018 Restaurant Lease

Janttorial Services. Tenant shall maintain the Premises in a neat, clean and orderly fashion, in a similar quality to other first class golf club resorts in Central Florida. Tenant shall provide, at Tenant's sole expense, all janitorial services to all areas. of the Premsi es, including any cleaning or other services required specifically ·to comply with applicable health code provisoins. Further provisions concemlng Tenant's obligations arecontained in Article XVI herein.

•

In regard to further explanation of cleaning services, Tenant shall follow the cleaning schedule attached as Exhibit'1:0
Addresses for Notices:

To Landlrod;

and:

To Tenant:

Lake Ashton Community Development District c/o Govemmental Management Services
135 W. Centra- l Blvd. Orland,oFlorida 32801 Attn: District Manager

Latham, Shuker, Eden &Beaudin,eLLP 111North Magnolia Avenu,eSuite 1400
Orlando, Florida 32801
Attn:Jan Albanese Carpenter, Esq., District Counsel
Nlnfs LakeAlfred Cafe,LLC
2146  Groveglen LaneNorth
Lakeland,Florida 33813
Att.n:Sandra Joyner

Liquor License. Tenant shall be responsible for obtaining and maintaining in good standing, for the entirety of the Agreement Tenn (Tenant must, at a minimum, begin the process to obtain such licenses upon the commencement of the Agreement Term), any and all permits or licenses required by any governmental authority, including, but not limited to, the Florida Depa ent of Business and Professional Regulation - DMsion of Alcoholic Beverages and Tobacco, to allow Tenant to dispense and sell alcoholic beverages (to include, at a minimum, beer, wine and liquor) on the Premises and in other areas within or adjacent to the Facility. Tenant shall be responsible for any and all costs and fees whatsoever associated with the procurement or maintenance of said permits or licenses. In accordance with Section 17.2below, Tenant shall also acquire and maintain certain insurance·ooveragerelating to the dispensation and sale of alcoholic beverages.

ARTJCL.E11.	EXHIBITS

Certain docoments are attached hereto as exhibits (collectively, the "Exhibit"s), and the Exhibtis, together with all drawings and documents prepared pursuant thereto, are incorporated herein and by this reference made a part hereof. Ta the .extent a conflict e>dsts between the Exhibits and the tenns of the Agreemen,tthe terms and conditions of the Agreement shallprevial. TheExhibits consist of the following:

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LakeJ\shton and N'mi's Lake Alfred Cafe J\mended•· 20\8Rcr;tautant I.ease

EXHIBIT A- Site Plan of the Premises
EXHIBIT B- Rules and Policies of the Landlord

EXHIBIT C- Landlord's Inventory

EXHIBIT D- Fonn ofIncome Statement

EXHIBIT E• Cleaning Schedule Addendum

ARTICLE Ill.	PREMISES

Premises. The Premises are described in Section 1.1 and depicted in Exhibit A (the Ballroom and other areas of the Facility are not included as part of the Premises, unless specifically provided herein),

Use andOperationof Premises.

Use. of the Premises.  The Premises, the Ballroom and other areas of the Facility shall be used only as set forth in Section 1.5 and for such related ancillary uses as are common to a restaurant operation located within a first class golf club resort Except for interruptions in operations due toevents of force majeure andrepairs or renovations to the Premises as otherwise set forth in this Agreement, the Premises will be open for business In accordance With Section 1.5 throughout the Agreement Tenn.

All initial menus, merchandise, and prices offered or used by Tenant within or from the Premises shall provide a: (i) a quality level consistent and compatible with the overall image of the Restaurant, and (Ii) that prices charged are commercially reasonable. Tenant shall not use, pem,it orsuffer the use of thePremises in any manner not inkeeping with thecharacter of the Facility.

Tenant shall also have exclusive rights (except as limited herein) for providing food and beverage service to Landlord's ballroom facility (the "Ballroom; and other areas of the Facility. Landlord shall be permitted toissue certain exceptions to the Tenant's exclusive rights to serve the Ballroom and other areas of theFacility, based on the tandlord's sole andreasonable discretion, in order to accommodate specific resident events and activities. Except as provided herein, the terms of this Agreement shall apply to the Premises (inclusive of the adjacent patio area), the Ballroom and other areas of the Facility for the specified purpose of providing food and beverage service to these areas.

Operating Standards. Tenant shall occupy, operate and manage its business on the Premises in accordance with the professional standards for a first class establishment or business conducting the Permitted Use. At a minimum, but without limiting the foregoing, Tenant shall occupy, operate and manage the Premises at a standard at least equivalent to the standard of quality and perfonnance of other clubhouse establishments and restaurants in Central Florid.a

5

Lake Ashton 1111d Nini's Lake Alfred Cafe Amendcd- 2018 Rcstaun.nt Lease

Pest and Sanitation Control. Tenant shall retain a professional pestand sanitation control service, as selected by Landlord in its sole dlscr8tion, to perform inspections of the Premlses not less frequently tha·n once each thirty (30) days for the purpose of controlling infestation by insects, rodents and vermin, and shall promptly cause any corrective or exterminafion work recommended by such service to be performed. If Tenant fails to perform its obligations hereunder, Landlord may, at its option and after five (5) days' written nottce to Tenant cause such inspection to be performed and any necessary corrective or extermination work tobe performed, and the cost of such inspection and corrective or extermination work shall be paid by Tennat.

EquipmentCleaning. All fans and ductwork used fcSr ventilating or expelling cooking odors and grease-contaminatedair shall be cleaned by a qualified contractor as frequently as needed to protect against dangerous grease accumulation. Upon Landlord's request, Tenant shall provide proof to Landlord that such cleaning has occurred. tf Tenant fails to maintain such exhaust system adequately (as determined in Landlord's sole, reasonable discretion), Landlord may perform such work at Tenant's expense (See attached "ExhibitEj.
Compliance with Laws. Tenant shall at all times keep and maintain the Premises and all operations related thereto (including food and beverage service to the Ballroom and other areas of the Facility),  in compliance  in all material respects  wlth all applicable  laws,  ordinances,  statutes,  rules, regulations, orders, directions and requirements of all federal, state, county an local govemments and of all other govemmental agencies or authorities having or claiming jurisdiction over the Premises or the business activities  conducted thereon or therein and of all of their respective  departments, bureau, s agencies or offci es, and of any insurance underwriting board or insurance Inspection bureau having or claiming such jurisdiction or any other body exercising similar functions and of all insurance companies from time to time selected by Tenant toissue poficies ofInsurance covering the Premises and any business or business activity conducted thereon or therein. In the event Tenant is alleged to have violated any such rule or regulation and Tenant reasonably contests such alel gation, Tenant may undertake such actions asit may reasonably elect to legally contest the same, provided Tenant shall first take such measures as may be necessary to fuHy protect Landlord from all loss, cost or liability arising from any potential adverse ruling in the proceeding In which the allegation ismade.

Notwithstanding the generality of the foregoing, Tenant shall, at its sole expense, maintain the Premises In compliance in all respects with allapplicable federal, state or local laws, ordinances, rules and regulations currently in existence or hereafter enacted or rendered governing accessibility for the disabled or handci apped, including, but not limited to, any applicable provisions of The Architectural Barriers Act of 1968, The Rehabilitation Act of 1973, The Fair Housing Act of 1988, The Americans With Disabilities Acl the accessibility code(s)1 if any, of the State of Florida, and all regulations and guldelines promulgated under any or allof the foregoing, as thesame may be amended from1ime to time.

The Landlord isa local unitof special purpose government created In accordance with the Vnifonn Community Development District Act of 1980, Chapter 190, Florida Statutes. Tenant agrees to fully comply, at its sole expense, with all applicable requirements of the "Sunshine Law/' the ,;PublicRecords Law/  the Community  Development Districts Law,  and all other statutes and regulations applicable  to Landlord.

6

Lake Asl'tton andNm'  i'sLake Alfred Cafe
Amended- 2018Re&IIIIU'ant Lease

Public Regards. Any books, documents, records, correspondenceor other informationkept or obtained by the Landlord or furnished by the Landlord to Tenant in connection with the services contemplated herein and/or Landlord's facilities, and any related records are property of the Landlord. Tenant agrees and acknoWledges that all such books, documetns, records, correspondence or other infonnation are public records, as defined in Chapter 119, Florida Statutes. Tenant acknowledges and agrees that books, documents, records, correspondence or other information of Tenant related to this Agreement and services contemplated herein may beconsidered public records, and shall prompUy comply with all applicable laws, rules and regulation.s Tenant agrees and acknowledges that any and all such books, document,srecord,s correspondence or other Information may alsobe subject to inspection and copying by members of the public pursuant to Chapter 119, Florida Statutes.

Delivrey of thePremises.

Acceptance of the Premises. Landlord shall deliver to Tenant, and Tenant shall accept from Landlor,dpossessionof the Premises on the Commencement Date. Tenant has inspected and examined the Premises andshi1!II beconclusively deemed tohave accepteq the Premises, including all furnishing,sfixtures and equipment and Landlord's Inventory (as defined In Section 13.2 and listed in Exhibit C), without limitation, inan "ASIS" condition.
Ownership of Equipment. It .is to be understood that all existing equipment and furrushings located on the Premises as of the Commencement Date (including, without limitation, all Landlord's Inventory as listed in Exhibit C), and all fixtures installed by or provided to the Tenan, et ither by Landlor,dorby third parties atLandol rd's request are the sole properties oftheLandlord. The Tenant shall have temporary charge oftheexisting equipmen, tfurnishings and fixtures for the duration of the Agreement Tenn. All equipment, furnishings and flxtures shall bereturned to theLandlord at the conclusion, or sooner tennination, of the Agreement Term in good working condition and in substantially similar condition as existed at the commencement of this Agreement, reasonable wear and tear excepted, after which none of them may bekept by the Tenatnwithoutthe expresswrittenpennission of Landlor.d

Certain Easements In Favor of Tenant. Tenant shall have non..excluslve access easemetns,  for the benefit  of Itself and its employees,  patrons,  invitees  and customres,  during the Agreement Term over the designated Common Areas (as defined herein) and the parking areas. In addition, subject to Landlord's prior approval, Tenant shall have a non-exclusiveright of access to shafts, ducts and other similar facifities within the Common Areas for lhe purpose of provision of utilities and mainet nance. Tenant acknowledges that the Landol rd is a special purpose government and the Facility Is open to the public, including thePremises.

CertainEasements in Favor of Landlord. Landlord reserves to itself the use of theexterior walls and roof and a non xclusive easement to install, maintain, inspect, use, repair and replace pipes, ducts, conduits, wires, facilities and structures as may beused for ventilation andthe conveyance of utilities in and through the Premisse, includingair space above the ceiling and below the floor of the Premises for the common use and benefit of Landlord, Tenant or other tenants of the Facility; provided that any such installation, inspection, mainetnance, use, repair and replacement  shall be conducted so as to avoid unreasonable interference with Tenant's use of the Premises and without material reduction In the size or commercial value of thePremises.

Lak: Ashton$1dN'm' isLab Alhd Qlfe 	7
Amended - 2018 Res l8Umlt l.e$sc

Hazardous Materials and Sewage,   Landlord covenants that there are no pre-existing violations of any regulations relating to the storage, release or other treatments ofHazardous Materials (as hereinafter defined) in the Facility, and the Tenant covenants that it shall not use, generate, manufacture, refine, treat, process, produce, store, deposit, handle, transport, release or dispose of Hazardous Materials in, on or about the Premises or the groundwater thereof, in material violation of any federal, state or municipal law, decision, statute, rule, ordinance or regufation currently in existence or hereafter enacted or rendered. Tenant shall give Landlord imme<;liate written notice of any claim received by Tenant from any person, entity or govemmentat agency that a release or disposal of Hazardous Materials has occurred or Is threatened to occur on or about the Premises or the groundwater thereof. As used herein, the term
·Hazardous Materials• shall mean and bedefined as any and all toxic orhazardous substances, chemicals,
materials or pollutants, of any kind or nature, which are regulated, governed, restricted or prohibited by any federal, state or local law, decision, statute, rule or ordinance currently in existence or hereafter enacted or rendered, and shall include, withoutlimitation, alloil, gasoline andpetroleum based substances.

Tenant shall not discharge or permit to be discharged into any sanitary sewer system or stormwater system serving the Premises, the Ballroom, the Facility, or any par1cing lot, roadway, undeveloped area, green space, or the like, any Hazardous Materials or toxic or hazardous sewage or waste other than that which is normar  domestic  wastewater  for  the Permitted Use.  Any Hazardous Materials, toxic or hazardous sewage or waste w ich is produced or generated in connection with the use or operation of the Premises (collectively "Waste"} shall be handled and disposed of as required by andin compliance with all applicable local, state and federal laws, ordinances, rules and regulations, or shall be pre-treated to the level of domestic wastewater prior to discharge Into any sanitary sewer system serving the Premises. All Waste which is produced in connection with the use or operation of the Premises shall be handled and disposed of as required by and in compliance with all applicable local, state and federal laws, ordinacnes, rules, andregulation.s
ARTICLE r-1.	TERM

Effective Date: Duration of Agreement Term. This Agreement and the obligations of the parties nereunder shall become effective upon the complete execution of this Agreement by all parties (the
•Effective Date"). The Agreement Term shall be as defined and established in Section 1.3 above.  At least ninety (90) days prior to the expiration of the Agreement Term, Tenant shall provide written notice to
Landlord as to whether Tenant intends to (i) surrender the Premises upon the expiration of the Agreement Term, or (ii) enter into negotiations with the Landlord regarding the extension or renewal of the Agreement Landlord's receipt of notice that the Tenant desires tonegotiate an extension or renewal of the Agreement shall not bind the Landlord in any way, nor shall It preclude Landlord from seeking or negotiating agreements with other potentialienants for thelease of thePremises.
Surrender of Premises. On or before the last day of the Agreement Tenn or·upon the sooner termination thereof, Tenant shall peaceably and quietly surrender and deliver the Premises to landlord, in good order, condition and repair, reasonable wear and tear excepted, and free and clear of aff liens and encumbrances. Upon such event and unless otherwise provided for in this Agreement Tenant may at its expense remove proprietary personal property from the Premises andshall repair any damage to thePremises caused by such removal.

8

Lake Ashton and Jllini'a Lake AlfredCafe Amended • 2018ltestaurunt Lease

t:totdign Over.  If Tenant or any other person or party shall remain in possession of the Premises or any part thereof followingthe expiration of the Agreement Term or earlier termination of this Agreement without an agreement In writing between Landlord and Tenant with respect thereto, the person or party remaining in possession shall be deemed to be a tenant at sufferance, and during any such holdover, the Rent (as defined herein) payable under this Agreement by such tenant at sufferance shall be Two Thousand Dollars and00/100 ($2,000.00)per month ineffect immediately prior to the expiration of the Agreement Term or earlier termination of this Agreement. Inno event, however, shall such holding over be deemed or construed to beor constitute arenewal orextension of this Agreement.

Early Tennination. Notwithstanding anything to the contrary contained in this Agreement either party hereto may, without cause but only upon nlnety (90) days' prior written notice to the other party, terminate this Agreement at any time during the Agreement Term.
ARTICLE V,	RENT
Base Rent. Rent shall be as follows, First Year of rental Tenant shall pay zero dollars and no cents($0.00) permonthas Base Rent to Landlord; Second year ofrental, June 1, 2019 through May 31, 2020 (the "RentCommencement Date") tenant shall pay One thousand dotlars and no cents ($1,000.00). and; Third year of the renta,l June 1, 2020 through May 2021, Tenant shall pay one thousand dollars and no cents ($1,000.00) until the expiration of the Agreement.

Additional Rent: Definition of "Rent". tf Landlord shall make any expenditure for which Tenant isresponsible or liable under this Agreement, orIf Tenant shallbecome obligated toLandlord under this Agreement for any sum other than as herein provided, the amount thereof shall be deemed to constitute additional rent ( AdditionaRl enf') and shall be due and payable by Tenant to Landlord within thirty (30) days of Landlord·d'semand thereof, or at such other time as may be expressly provided in this Agreement for the payment of the same.

For the purposes of this Agreement, the term "Renr shall mean and be defined as all Base Rent
and Additional Rent due from Tenant toLandlord hereunde.r

Ballroom Rental Incentive. During the second (2nd) and third (3rd) year of rental Tenant may receive a $200.00reduction in monthly rent, up to $1000.00 per month for each complete room rental of the Lake Ashton ballroom that is solely attributable to the Tenant(s) Marketing. This shall not include weddings, performances or existing events and inno case, shall Landlord reduce the monthly rent to less than $0.00 (zero).

Late Payments.If Tenant fails to make anypayment of Rent or any other sums or amounts to be paid by Tenant hereunder on or before the date such payment is due andpayable, Tenant shaff pay to Landlord an administrative late charge of five percent (5%) of the amount of such payment. In addition, such past due payment shall bear interest at the rate of eighteen percent (18%) per annum from the date such payment became due to the date of payment thereof by Tenant. Such late charge and interest shall constitute Additional Rent and shall be due and payable with the next installment of Rent due hereunde.r Tenant sha,llin additional to a late fee and interest, pay an administrative fee to the Landlord of One Hundred Dollars and 00/100 ($100.00) for the handling of any check that is nothonored due toinsufficient funds in the acoount on which the ir,strument is drawn.

9

Lab Ashton andNiui'sLake Allied Cafe
Amended • Z018 Rataunmt Leue

No Abatement of Rent. Except as may be expressly provided for in this Agreemen,t no abatement, diminution or reduction (a) of Rent, charges or other compensation, or (b) of Tenant's other obligations  hereunder,  shall be aUowed  to Tenant or any person  claiming under  Tenan, tunder  any circumstances or forany reason whatsoeve.r

Paymentof Rent, Base Rent shall be paid to Landlord on the first day of each month starting on the Rent Commencement Date. All Rent and other sums shall be paid to Landlord without demand and without deduction, set-off, claim or counterclaim of any nature whatsoever which Tenant may have or allege to have against Landlord, and all such payments sha,llupon receipt by Landlrod, be and remain the sole and absolute property of Landlord. If Landlord shall at any time accept any Rent or other sums or amounts after thesame shall become due and payable, such acceptance shall not excuse a delay upon subsequent occasions, or constitute or be construed as a waiver of any of Landlord's rights hereunder.

Sales Tax. In addition to the Rent and any other sums or amounts required to bepaid by Tenant to Landlord pursuant to the provisions  of this Agreement, Tenant shall also pay to Landol rd, simultaneously with such payment of Rent or other sums or amounts, the amount of any applicable sale,s use or excise tax on any such Rent or other sums or amounts so paid by Tenant to Landlord, whether the same be levied, imposed or assessed by the State of Florida or any other federal, state, county or municipal governmental entity or agency. Any such sales, use or excise taxes shall be paid by Tenant to landlord at the same time that each of the amounts with respect to which such taxes are payable are paid by Tenant to Landlo.rd
ARTICLE VI,	TENANT'S FINANCIAL AND SALES INFORMATION

Quarterly Income statements. Tenant shall provide to Landlord quarterly, defined as the mQnths of January, February and March ("01 ), April, May and June ("Q2h ) , July, August, and September ("Q3") and Octobe,r Novemb,erand December a( Q»4), Tenant's unaudited income and expenditure statements, In the form attached hereto as Exhibit D (the "IncomeStatemenr), pertaining to the Tenanfs operations for both restaurant and banquet/catering sales during the Immediately preceding three (3) months. Tenant shall providethe quarterly Income Statement by the 25th day of the month following for the preceding quarter (01 income statements on or before April 25th, 02 on or before July 25th, 03 oh or before October 25th, ahd 04 on or before January 25th). Tenant's fa'ilure to submit the required unaudited Income Statements shall constitute a default under the Agreement. Tenant shall also provide to Landlord, from time to time, such other Information regarding the operations, business affairs and financial condition
of Tenant as Landlord may reasonably request. -As required by Section 3.4, Tenant agrees and acknowledges that all such books, documents, records, correspondence or other information related to the business conducted herein are public records, as defined in Chapter 119, Florida Statute.  The financial
reporting obligations under this section shall be limited to financial information regarding the Restaurant at Lake Ashton and expenses relating to this Agreement. Unless. required otherwise by law, Tenant shall not berequired to report financial information on other businesses under thesame corporate entity unrelated to the Restaurant or this Agreement.

· Point of Sale Systemand Reports, Tenant agrees touse, to the fullest extent practicable, a point of sale system (''POS System; for all sales and transactions conducted inTenant's normal course of business. Tenant shall cooperate and coordinate with Landlord to either use Landlor'ds existing POS

10

UlkeAshton and ffi ni's Lake A1ftedCafe
Ameuded• 20l8 Restaurant us.so

System or an altemative POS system (subject tQ approval of the POS systern by Landlord). Tenant shall generate any such reports from the POS System from time to time as Landlord requires or as required by law. Tenant shall not enter into cash sales or other transactions that are not entered into the POS system, unless Tenant obtainsprior written approval from Landlord for an exception thereto.
ARTICLE VII.	UTILITIES

The allocation of the costs of utilities servicing the Premises shall be as set forth In Section 1.9 above. Landlord shall not be liable, in damages or otherwise, for any discontinuance, failure or Interruption of service to the Premises or the Common Areas of utilities or of any air.conditioning system. No such discontinuance, failure or interruption shall be deemed aconstructive eviction of Tenant orentl e Tenant to terminate this Agreement. No such discontinuance, failure or interruption shall entitle Tenant to withhold any payment due under this Agreement
ARTICLE VIII. COMMON AREAS AND PARKING AREAS

Definition of "Common Areas·. The tenn •common Areas• refers to all Improved and unimproved areas within oradjacent tothe Facility that are now or hereafter made available for the general use, convenience and benefit of Landlord, Tenant, andtheir respective customers, patrons, employees and Invitees, and t.he general public, as applicable. Common Areas shall includeb, ut not be limited to, floors, plazas, pi.ers,decks, ceilings, roofs1   skylights, windows, driveways, open or enclosed malls, fountains and other water elements, service areas, loading d s, vertical circulation facilities, restrooms, stairways, sidewalks, curbs, landscaped areas, and similar appurtenances located within or adjacent to !he Facility, but shall specifically exclude any of Landlord's amenity facilities such as the swimming pool, ballroom, movie theater, activity rooms, sports/fitness facilities, etc.

Use of Common Areas. Subject to the provisions of this Agreement, Tenant and its employees, customers, patrons and invitees are authorized to use the Common Areas ona non-exclusive basis for the purposes intended by Landlrod. Tenant and Its employees shall have the right to use the Common Areas for access to the Premises at all times and Tenant's customers shallhave such right during all hours that Tenant is open for business. landlord shall, in amanner consistent with other fa.cilltieswithin Central Florida, keep, or cause to be kep the Common Areas in a neat, clean and orderly condition, properly lighted and landscaped, and repair and maintain (or replace, if necessary) all equipment and facilities thereof.

Control of Common Areas. Landlord shall at all times have the right of detennining the nature and extent of the Common Areas and parking areas, and ofmaking such changes thereto from time
to time which Inits reasonable opinion are deemed to be desirable, including the location and relocation of
driveways, entrances, exits, automoblle parking spaces, 1he direction and flow of traffic, designation of prohibited areas, landscaped areas, utilities and all other facilities thereof, and the modification of the Common Areas for the purpose of expanding and/or remodenng the Facility. Except as otherwise specifically provided inthis Agreement, Landlord shall atalt times have the sole and exclusiVe control of the Common Areas and parking areas, including the right tolease space within the Common Areas to tenants for the sale of merchandise  and/or services and the right to permit advertising  displays, educational displays and entertainment inthe Common Areas. Landlord shall also have the right at any time to exclude and restrain any person from use thereof, excepting, however, bona fide customers, patrons and service suppliers of Tenant and other tenants of !he Facility who make use of said areas In accordance with the

11

Lake Ashton1111d Nilli's Lake Al	Cafe
Amended-2Q18ltestaurant Leue

rules and regulations established by Landlord from time to time with respect thereto In accordance with Section 8.4. The rights of Tenant with respect to the Common Areas and parking areas shall at all times be subject to the rights of Landlord and the public, as applicable. Tenant shall keep allof the Common Areas free and clear of any obstructions created or permitted by Tenant or resulting from Tenanfs operation, and Tenant shall pennit the parking areas to be used only for nonnal par1<lng and Ingress and egress by the customers, patrons and service suppliers to andfrom the buildings of the Facility.

Rules and Regulations. Tenant acknowledges that Landlord is a special purpose govemment, subject to applicable federaf, state and local laws and regulations. Landlord may, from time to time, promulgat,e amend and require the observance by Tenant and the public rules, policies and regulations unifonnly imposed and enforced In a non-discriminatory manner tor the proper and efficient operation andmaintenance of the Common Areas and parkihg areas or any portion thereof. Suchrules and regulations shall be part of the Rules and Regulations described and defined in Section 28.14 below, and may be amended and/or addedbythe Landlord from timeto time.

Parking, Landlord shall furnish space for parking by Tenant and its customers and employees on a non-exclusive basis in common With customers and employees of other users and of Landlord. Landlord may, in the exercise of its reasonable discretion, change the configuration, location and size of the parking areas, but except for emergency situations or temporary interruptions, any such changes will provide parking areas substantially equivalent to those which existed prior to such ohange. At all times Landlord shall have the right, on a nondiscriminatory basis, to designate, or change the designation of, the particular parking area to be used by any or all Facility tenants, their employees and customers and to designate discrete areas for employee parking. If Tenant or its employees fail to park their cars in the designated areas, Landlord may charge Tenant an amount established from time to time by Landlord per car per day for each day or partial day that any car is parked in any area other than designated parking areas, together with aoy towing charges incurred byLandlord inremoving vehicles from unauthorized locations. All amounts due under this Section shall be payable within ten (10) days after Landlord's deman. d
ARTICLE IX.	MARKETING AND ADVERTISING

Tenant Advertising.   Beglnning  on the Commencement  Date and continuing  for  the balance of the Agreement Term, Tenant shall undertake advertising activities to advertise, market and promote Tenant's business conducted atthePremise, subject toprovisionsof Section 1.5.

Signl!(Je. All signsto beplaced on the exterior of the Premises (in any part of the Facitlyi· orgrounds, within or outside the boundaries of the Lake Ashton community}, other than those wholly within the Premises, shall be approved in advance by LandJord. Landlord will consider signage (including billboards) after a preliminary design is submitted Inkeeping with District standards.
No Use of Name. Tenant wm not use or issue any promotional advertising, or other material using Landlord's name without first obtaining Landlord's prior written approval thereof. This provision shallnotprevent Tenant fromusing thenarne0 Ninfs.Lake Ashton Caf6,•"Nini'sLake Ashton" or a substantially similar variation thereof·as the name of the restaurant.

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Lake Ashtonand·Nini'"aLake AlfredCm
Amended • 2018 Rest8:U.11111t Lease

ARTICLE X.	POSSESSION AND OPERATION OFPREMISES

Duties and Prohibited Conduct Tenant shall not use, or knowingly permit any invitee or other person to use, the Premises for the sale or display ot.' or for any activity involvni g,pornography, nudity, violence, drug paraphernalia, or any goods and/or services and/or conduct which, in the sole discretion of Landlord, are inconsistentwith the image of a community or senior-oriented club esat blishmetn, or for a massage parlor, adult bookstore or second-hand store or for the conduct of an auction, distress, fire, bankruptcy or goin t-of business sale. lenant shall not cause or permit waste to occur in the Premises, or overtoad any floor, or abuse the plumbingin the Premises. Tenant shall keep the Premises and every part thereof ina clean and wholesomecondition, free from any objectionable noise, music volumes, lights, odors or nuisances, which may be detected from outside the Premises (unless approved by Landlord in writing In advance), shall comply with all requirements of allgovernmental authorities, and shall conduct Its activities in a manner which Is environmentally sound. Unless otherwise permitted by the Agreement or approved by the landlord in writing: {i) Tenant shall keep no live animals of any kind In the Premises; (ii) Tenant shall not, without prior written approval from Landlor,ddisplay or sell merchandise, or place carts, portable signs, devices or any other objeots1 outside the defined exterior walls or roof and pennanent doorways of the Premises; (iii) Tenant shall not erect or install any aerial antenna or tidisl'l"(provided other facilities are available at a reasonaebclost to Tenant for the reception of programming transmitted via satellite); (iv) Tenant shallnot solicit or distribute material in any manner in any of the Common Areas of the Facility; and (v) Tenant shall not sell merchandise from vending machines or allow any coin- or token•
operated vending, vide,opinball orgamingmachines inthe Premsi es.
ARTICLE XI.	TENANT'S CONDUCT OFBUSINESS.

Operating Covenants. Tenatncoven nts and agrees that It will, throughout the Agreement Term and without Interruption (except forapproved renovations with scheduled "down time"), fromand after its initial opening of the Premises for business: (i) operate and conduct within the Premises the business which itispennitted to operate and conduct under the provisions hereof, except while thePremises are un­ tenantable by reason of fire or other casualty; and (ii) maintain within the Premises an adequate stock of merchandise together with sufficient personnel and Personal Property (defined in Section 13.1)to service
and suplpythe usual and ordinary requirements of itscustomers.
Tenant acknowledges that the Facility is intended to provide only first class service and food service for the patrons of the Facility and that Tenatnwill operate and conduct all aspects of its operations inaccordance with this standard. Prior to the commencement of the Agreement Term, Tenant shallprovide the names and contact infonnation of the manager. assistant manager(s) and any other key employees(s} hired by Tenant (or its agents) for itsbusiness operations.

Tenant shall pay all bllls-and costs related toits operation of thePremises as and when they come due, or shall arrange for such payment to avoid the disruption or cancellation of any utility or other services required to bepaidby Tenant under this Agreement or the continuous operation of the Premise.s Tenant's failure topay or its inability topay its vendors, shall constitute adefault under this Agreement

Tenant shall insure that the Premises are locked and safeguarded after regular business hours, and shall maintain proper and appropriate staffing to safeguard the Premises throughout regular business hours.

LakeAshton 1111d Nil!i'a Lake AlfredCafe	13
Amet1ded-2018Resl81.u8DtLease

OperatingDavs and Hours.  At a minimum, the Tenant shall operate the restaurant 8am to 8pm, 6 days per week; tenant shall be responsible to seNe on Sunday's breakfast and bnmch; the remaining five days will need to consist of Breakfast, Lunch and Dinner. Tenant may elect to extend restaurant hours and days beyond the aforementioned minimum. Exceptions to this agreement would be for Holidays and Emergencies only.  Any other change(s) that would deviate from the minimum days and hours of operaUon must be brought to the attention of Landlord and voted upon at a Lake Ashton Community Development District boardmeeting.

Personnel Dress Code. The Tenant shall ensure that employees working on the Premises shall wear uniforms orprofessional attire at all times that conform to safe work practices and the proper professional work envitonmeht for a similarly quality restaurant in Central Ffortda. Clothing that expresses or implies obscene language or graphics, degrading or demeaning connotations, as reasonably determined by the Landlord, shall be strictly prohibite,d

Patron Dress Code.  The Tenant shall ensure that patrons of the Restaurant shafl wear appropriate attire at all times. Patrons shall wear shirts at all times and shall wear footwear that conforms to appropriate attire. Tenant may establish amore stringent patron dress code suitable for the Premises if Tenant deems such necessary or prudent.

Personnel  Background Checks  and Conduct.    Tenant  shall obtain,  or cause to  be obtained, at its own cost for each individual Tenant employs on the Premises at any time, a criminal background check performed by an appropriate federal or state agency, or by a professional and licensed private investigator or investigation company, and shall make, based on the results of such background checks, employment suitability determinationsfor each employee that are reasonable and customary within Tenant's industry for a high quality clubhouse restaurant. Tenant shall maintain a copy of said background check on file so long as the subject individual remalns in Tenant's employ, and Tenant shall make all background checks available forLandlord's review upon request. The Tenant shallenforce strict discipline and good order among itsemployees on the Premises.
I
J	11.6	Change of Trade Name. Tenant may elect to change the trade name associated with the
operation of the restaurant business on the Premises, but Landlord's prior written approval of any such change or use of an alternate trade name shall be required before Tenant institutes such change oruse.

ARTICLE XII. TENANTS EQUIPMENT MAINTENANCE OBLIGATION

12.1 EgulomentMaintenance Obligations. Tenant shall operate and maintain, In a commercially rea.sonable manner, any and all of Landlord's kitchen and/or bar equipment including, but not limited to, kitchen and cooking appliance,scooking and food service equipment. ice machines, coolers, freezers, steame and hood systems (the dMajor Equipment'). In addition, Tenant shall, within thirty (30) days of the beginning of the Agreement Term and at Tenant's sole expense, enter into preventative maintenance contracts providing for periodic Inspection and preventative/corrective maintenance or repair of the Major Equipment (with copies of such contracts being provided toLandlord}, which con1racts Tenant shall keep In force during the entirety of the Agreement Term. Saidpreventative maintenance contracts shallprovide for inspection, cleaning,and service of ice machines no less than once every six months, and for inspection and service of all other Major Equipment no less than once ever; twelve months. Tenant shall be responsible for allcosts and expenses associated with the maintenance and repair of theMajor Equipment unless it is determined, in Landlord's reasonable discretion, that repairs to a certain piece or pieces of

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Lake Ashton andNlltl'1Lake Alfttd Cafe Amended• 2018Ros111wantLease

Major Equipment are not feasible or that such piece or pieces of Major Equipment are beyond reasonable repair. If Landlord makes such a determination, and a piece or pieces of Major Equipment need to be replaced, theLandlord shall do so at its expense. Tenant shall also, within thirty (30) days of the beginning of the AgreementTenn and at Tenant's sole expense, enter into a service contract with a professional and licensed service providerfor the periodic and regular removal of all used cooking oil from, and the cleaning of allgrease traps located on, thePremise.s

ARTICLE XIII. PERSONAL PROPERTY

Tenant'sPersonalproperty. All of Tenant's trade fixtures, furntiure, furnishings, signs and other personal property not permanen y affixed to the Premises (collectively,the "Personal Property") must be of a quality consistentwith the Facility when installed in or attached to the Premises, and any such Personal Property shall remain the property of Tenant. ProvidedTenant has not failed to timely cure an
Event of Defaul,t Tenant shall have the right to remove any orau ofItsPersonal Property which it may have
stored or installed in the Premises; provided if the Agreement is still in effect Tenant shall immediately replace the same with similar Personal Property of comparable or better quality. At Landlrod's option, Landlord may require Tenant to remove any and all Personal Property from the Premises upon the expiration of the Agreement. Tenant shall, at its expens,eimmediately repair any damage occasioned to thePremises by reason of the removal of any Personal Property.

Landlord's Personal Propertv. Landlord currently owns and keeps on the Premises various items of personal property, a list of which is attached hereto as ExhibitC ("Landlo'rsdInventory"). By executingthis Agreement, Tenant specifically acknowtedges that Exhibit C is a complete and accurate listof Landlord's personal property located or kept on the Premises. Landlord's Inventory is and shaU at all times remain propertyof the Landlord.   Landlord's Inventory list shall be updaet d at lhe concluslon  or
earlier te1TT1in ationof the AgreementTerm hereunder, and Tenant shall be responsible, subject to Article XII herein, for the replacementlre ir cost of anymissin.gdamaged orotherwise unfrtItems.
ARTICLE XIV. ALTERATIONS AND IMPROVEMENTS

Tenant's Alterations. At Tenant's own expense, and after receiving prior written approval from Landlord {which may be granted or withheld in Landlord's sole discretion), Tenant may, from time to time, make such permanent and nonstructural alterations,replacements, additions, changes and/or improvements {collectively, the •AlteraUons1to the Premises as Tenant may find desirable or convenient for Its purposes,provided that the value of the Premises is not thereby diminish.eTdenant shallreimburse Landlord for all out-ofp-ocket costs and expenses (Including any architect and/or engineer fees) Landlord incurs in approvingor disapproving Tenant's plansfor Alteration.s

Tenan'st Construction Requiremetsn.  All Alterations, after receMng Landlord's approval as required above, shall be made under the supervision of a competent Florida-licensed and insured contractor, architect, or Florida-registeredprofessional enginer, as applicable, and Landlord may require that such Alternations must be made in accordance with signed and sealed plans and specifications prepared and constructed in conformity with all applicable laws, codes and regulations and indusby standard structural, mechanical, electrical, design and quality standards, requirements and/or criteria.Such plans and specifications, if required by Landlrod, shall be submitted to Landlord for its approval prior to commencement of the work, in accordance with such procedures as Landlord shall reasonably specify. Upon the expiration or earlier termination of this Agreemen,t such Alterations (unless they comprise

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Lake Ashton aod Nhli'• La,b Alfred Cafe Amended - 2018Res blU!'lllltLease

Personal Property) shall not be removed by Tenant but shall become a part of the Premises. Inperforming the work of any such Alterations, Tenant shall have the work performed in such manner as not to obstruct access to the Premisesof any other tenant in the Facility.
ARTICLE XV.	CONTRACTORS' OR MECHANICS' LIENS

15.1     Liens. Generally,  Tenant shall not create or cause to be Imposed, claimed or flied upon the Premsi es, or any portion thereof,or upon the interest of Landlord therein, any lien, charge or encumbrance whatsoever. If, because of any act or omission of Tenan,t any such lien, charge or encumbrance shall be impose,dclaimed or filed, Tenant shall, at its sole cost and expense, within twenty
days following wrttten notice from Landlord, cause the same to be fully paid and satisfied or otherwise dischargedof record (by bonding or otherwise) and Tenant shall irdemnify and save and hold Landlord harmless from and againstany and all costs, liabilities, suits, penalties, claims and demands whatsoever, and from and against any and all attorneys' fees, at both trial and all appellate levels, resulHngor on account thereof and there from. 1n the event that Tenant shall fail tocomply with the foregoing provisions of this Section 15.1, Landlord shell have the option of paying, satisfying or otherwise discharging (by bonding or otherwise) such lien, charge or encumbrance and Tenant agrees to reimbruse Landlord, upon demand and as AdditionalRent, for all sums so paid and for all costs and expenses reasonably incurred by Landlord inconnection therewith, togetherwithinterest thereon, untilpaid.

15.2	Mechaincs Liens. l andlor'sdinterest in the Premisesshall notbe·subjected to liens of any nature by reason of Tenant's  contsruction,  alteration, renovation, repair, restoration,  replacement  or reconstruction of any improvements or equipment on or in the Premises, or by reason of any other act or omission of Tenant (or of any person claiming by, through or under Tenant) including, but not llmlted to, mechanics' and materiatme'snliens. All persons dealing with Tenatnare hereby placed onnotice that such persons shall not look to Landlord or to la ndlord's credit or assets (including Landlord's interest in the Premises) for payment_or satisfaction of any obligations incurred in connection  with the construction, alteration, renovationr,epair, restoration, replacement or reconstruction thereof by or on behalf of Tenant. Tenant has no power, right or authority to subject Landlrod's interesint the Premises to any mechainc'sor materialmen's lien or claim of lien. If a lien, a claim of lien or an order for the payment of money shall be imposed against thePremises on account of work performed, or alleged tohave been performed, for or on behalf of Tenant, Tenant shall, within thirty (30) days after written notice of the imposltion of such Oen, claim or order, cause the Premises to be released therefrom by the payment ofthe obligation $ecured thereby or by furnishing a bond or by any other methodprescribed or permHted by law, If a lien is released, Tenant shall thereupon furnish Landlord with a written instrument of release in form for recording or filing in the appropriate office of land records of Polk County, Florida, and otherwise sufficientto establish the release as a matter of record.
Contest of Liens. Tenant may, at itsoption, contest the validity of any lien or claimof lien if Tenant shall have first posted an appropriate and sufficient bond in favor of the claimant or paid the appropriate sum intocourt,if permitted by law, and thereby obtained the releaseof the Premises from such lien. If judgment is obtained by the claimant under any lien, Tenant shall pay the same immediately after such judgment shall have become final and the time for appeal therefrom has expired without appeal having been taken. Tenant shall, at its own expens,edefend the interests of Tenant and Landlord in any and all such sutts (with Tenant selecting counsel for the handling of such defesne, subject to Landlor'sd reasonable approval;)provide, dhowever, that Landlord may, at its election, engage at.its own expense its own counsel and assert its own defenses, in which event Tenant shall cooperate with Landlord and make

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Lake Ashton ao.d l'fmi's Lake Alfred Cafe
Amcnded - 2018 R.c.11tu rantl..ea.ae

available to Landlord an infonnation and data which Landlord deems necessary or desirable for such defense.

Notices of Commencement of Construction. Prior to commencement by Tenant of any work on the Premises which shall have been previously permitted by Landlord as provided in this Agreement, Tenant shall record or file a notice of the commencement of such work (the uNotice of Commencemehr) in 1he public records of the Polk County, Florida, identtfylng Tenant as the party for whom such work is being performed, stating such other matters as may be required by law and requiring the service of copies of all notices, liens or claims of lien upon la ndlord. Any such Notice of Commencement shall clearly reflect that the interest of Tenant inthe Premises is that of a leasehold estate and shall also dear1y reflect that the interest of landlord as the fee simple owner of the Premises shall not be subject to mechanics or materialmen's liens on account of the work which Is the subject of such Notice of Commencement. A copy of any such Notice of Commecnement st:iall be furnished to and approved by Landlordandits attorneys prior to the recording or filing thereof, asaforesaid.
ARTICLE XVI. REPAIRS ANO MAINTENANCE

Tenant's Obligations. In addition to Tenant's equipment maintenance obligations contained in Article XII, Tenant shall at all times repair, maintain in good and tenantable condition and replace, as necessary, the Premfses  and every part thereo,f includingall equipment,  appliances and Landtord'sInventroy. All replacements made by Tenant in accordance with this Section 16.1 shallbe of like size, kind andquality to the items replaced as theyexistedwhen originally Installed. Tenant shall also keep, or cause to be kept, the Premises in a neat, clean and orderly condition through the provision of janitorial services  as  required  by  Section  1.1·1.    Any  non-compliance with  Tenan'st obligations  hereunde,r determined at Landlord's sole andreasonable discretion, shallberemedied at Tenant's so1e expense.

Landlord's Oblgi ations.  Subject to Sections 8.3and 16.1, Landlord shallrepair, maintainIn good and tenantable condition and replace, as necessary, the roof, exterior walls and structural parts of the Premises (including the structural floors) and all meters (unless installed by Tenant), pipes, conduits, equipment (including air condlUoning,) components and facilities that supply the Premises with utiliites installed by Landlord (except as the appropriate utility company has assumed these duties); provided that Landlord shall not be required, and Tenant shall be required, to make repairs necessitated by reason of: the gross negligence or willful misconduct of Tenant and its employees and agents; or improvements to the Premises made by Tenan'ts contractors and service providers who are separately insured. Landlord shall have no obligation to repair, replace or maintain the Premises or the mechanical equipment exclusively serving the Premises at any time, except as this Agreement expressly provides.

RightJo Ente.r   Tenant  shall permit  Landlord or ils authorized representatives, upon
reasonable notice (except in the case of an emergency or threatened emergency or a default or threatened default under this Agreement in which case no notice shall be required), to enter the Premises at any time to inspect the same, perfonn periodic inspections to insure compliance under 16.1, to perform its duties under Section 16.2, and to perform any work thereill that Landlord may reasonably deem necessary. No exercise by landlord of any rights reserved in this Section 16.3 shall entitle Tenant to any compensation,
damages or abatement of rent from Landlord for any injury or inconvenience occasioned thereby. Landlord will endeavor in good faith to exercise the foregoing right to enter wheh the business operated from the Premises is closed to the public.

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Lake Ashton and Nini's Lake Alfred Cafe Amended•2018Restaurllllt Lease

Landlrod's Liab,itlyi	Landlord shall be liable for failure to keep the Premises in repair,
provided Landlord Is obligated to make such repairs under the terms hereof and further provided thatnotice of the need for repairs has been given tolandlord, a reasonable time has elapsed and Landlord has failed to make such repairs. Landlord shall also be liable for its gross negligence or willful misconduct in performing any repairs that Landlord underta·kes hereunder. Landlord shall not be liable to Tenant, its employees, agents, business invitees, licensees, customers, clients, family members or guests for any damage, injury, loss, compensation or claim, including, but not limited to, claims for the interruption of or loss to Tenants business, based on, arising out of or resulting from any cause whatsoever, Including, but not limited to: (a) repairs to any portion of the Premises; (b) interruption inTenants use of the Premises; (c) any accident or damage resulting from the use or operation (by Landlord, Tenant or any other person or persons} of any equipment within the Premises, including without limitation, heating, cooling, electrical or plumbing equipment or apparatus: (d) the terminaUon of this Agreement by reason of the condemnation or destruction of the Premises in accordance with the provisions of this Agreement; (e) any fire, robbery, theft, mysterious disappearance or other casualty; (0 the actions of any other person or persQns; and (g) any leakage or seepage in or from any part or portion of the Premises, whether from wate,r rain or other precipitation that may leak into, or flow from, any part of the Premises, or from drains, pipes or plumbing fixtures in the Improvements. Any goods, property or personal effects stored or placed by lheTenant or its employees inor about thePremises shallbeatthe sole risk of the Tenant.

Personal Property. All personal property placed or moved into the Premises above described shall be at risk of the Tenant or owner thereof and Landlord shallnotbe liable for any damage to said personal property orto the Tenant arising frombut not limited to the bursting or leaking of waterpipes, or from any act of negligence of any co-tenant or occupants of the building or of any other person whomsoever.
ARTICLE XVII. INDEMNITY; INSURANCE

Indemntiy. Except to the extent that the acts, omissions and other conduct of Landlord contribute to its loss or damage, ashereinafter described, Tenant shall defend, insure, Indemnify and save and hold Landlord  harmless  from and against  any and  all liablHtles1    obligations,  losse,sdamages, injunctions, suits, actions, fines, penlaties,claims, demands, costs and expenses of every kind or nature, includingreasonable attorneys' fees and court costs, incurred byLandlord, arising directly orindirecfly from or out of: (i) any accident, injury or damage which shall happen at, in or upon the Premises, however occurring; (ii) any matter or thing arising out of the condition, occupaiton,maintenance, alteration, repair,
use or operation by any person of the Premises, or any part thereof, or the operation of the business contemplated by this Agreement to be conducted thereon, thereat, therein, or therefrom; (iii) any failure of Tenant to comply with any laws, ordinances, requirements, orders, directions, rules or regulations of any govemmental authority; (iv) any contamination of the Premises, or the groundwaters thereof, arising on or after thedate Tenant takes possession of the Premises and occasioned by the use, transportation, storage, spillage or discharge thereon, therein or therefrom of any toxic or hazardous chemicals, compounds, materials or substances, whether by Tenant or by any agent orInvitee of Tenant (v) any discharge of toxic or hazardous sewage or waste materials from thePremises into any septic facility orsanitary sewer system serving 'the Premises arising on or after the date Tenant takes possession of the Premises, whether by Tenantor by any agent of Tenant: or (vi) any other act or omission of Tenant, Its employees, agents, invitees, customers, licensees or contractors. Tenant's obligations under this Section 17.1 arising prior to the termination of this Agreement shall survive any such termination.

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Laite Ashton end Nini's Lake Alfred Cafe Amended- 2018 Restaurant Lease

Nothing herein shall cause or be construed as a waiver of the Landlord's sovereign immunity or limitations on liability beyond any nmlted waiver granted pursuant to Seciton768.28, Florida Statutes, or other law, and nothing In this Agreement shall inure to the benefit of any third party for the purpose of allowing any claim which could otherwise be barred under the Doctrine of Sovereign Immunity or by operation of law.

Tenant's Insurance Obligation.    Tenant wlll throughout the Agreement Term (and any ottler period when Tenant is In possession of the Premises) carry and maintain, at its sole cost and expense, the following types of insurance, which shall provide coverage on an occurrence basis, with respect to thePremises in the amounts specified andIn the form hereinafter provided for:
Commercial General li ability Insurance. Commercial general liability Insurance covering claims arising from bodily injury and  property damage with minimum limits of
$1,000,000.00per occurrence and $2,000,000.00 general aggregate and insuring against legal
liability of the insured with respect to the Premises or arising out of the maintenance,  use or occupancy thereof. The llabllity policy also shall cover, but not be limited to, the oontractual liabilities.of the Tenant arising from this Agreement.

Excess Liabiltiy Insurance.  Tenant shall also carry and maintain umbrella liability insurance witha limit of notless than $2,000,00.000per occurrence.

Workers'    Compensation  and   Employers'   Liability    Insurance.    Workers' Compensation Insurance oovering all employees of Tenant as required by the laws of the State of Florida, and Employers' Liability coverage subject to a limit of no less than $100,00.00 each employe,e$100,000.00 each accident, and$500,000.00policy limit.

Liquor  Liability/Dram Shop  Insurance.    Tenant  shall  provide  liquor  liability Insurance In amounts of not less than those described in su section 17.2(a)above relating to liability insurance, covering the full amount of potential liability from time to time provided or Imposed upon the sellers of alcoholic beverages under the laws of the State of Florida and fully protecting both Tenant and Landlord inconnection with any such sales, service or consumption of alcoholic beverage.s

Other Insurance.  In addition, Tenant shall, at Landlord's request, provide, keep and maintain in full force and affect such other insurance for such risks and In such amounts as may from time to time be commonly insured against in the case of business operations similar to those contemplated bythis Agreement to be conducted by Tenant on the Premise. s

Form of Policfes. All policies of insurance provided for herein shall be issuedby insurance companies qualifei d todobusiness intheState of Florida and with a rating of at least ..A. 7"in Besfs KeyRating Guide, oras otherwsi e·acceptable to the Landlord. All such policies (except to the extent Inconsistent with the type of policy) shall contain cross-liability endorsements and shall name landlord, and such additional individuals or entities as Landlord shall from time totime
reasonably designate, as "Additionallnsuredsn.  Executed copl esof such policies of insurance or
certificates thereof shall be deilvered to prior to the commencement of this Agreement and. thereafter, executed copiesof renewal policiesor certificates thereofshall bedelivered to Landlord within thirty {30) days prior to the expiration of the term of each such polci ¥. If the Tenant fails to

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.Lake Ashton and Nini', Lake AlftedCafe Amended - 2018 Resraurant

take out or to keep in foree any insurance referred to in this Article XVII, then the Landlord has the right, withoutassuming any obligation in connection therewith, to procl!re such insurance at the sole cost ofthe Tenant, and allouffays by the Landlord shall be paidby the Tenant to the Landlord without prejudice to any other rights or remedies of the Landlord under this Agreement. The Tenant shall not keep or use in the Premises any article which may be prohibited by any fire or casualty Insurance policy inforce from time to time covering the Premises.

Notwithstanding the foregoing, Tenant may cause any of the policies which it maintains to carry such deductibles as are commercially reasonable, but in no event shall such deductiblesexceed $15,000 per incidentw, ithout Landlord's prior written consent. Tenant shall be responsilbe for paying any additional premiums charged by itslnsurer(s)for allcoverage.

ARTICLE XVIU. RECONSTRUCTION

Insured Casuatly. If the Premises are damaged by fire or other perils covered by Landlor'dsinsurance:

Reoair of Damage. As soon as is reasonably possible, but not later than one hundred eighty (180) days after the date of such damage, Landolrd shall commence  repa,ir re.construction and restoration(colectively, "Reconstruction} of that portion of the Premises and prosecute the same diligently to completiOn, in which eventthis Agreement Shall continuein fUII force and effect; or
Damage Near End of Term.   In the event of partial or total destruction of the Premlses during the last one (1) year of the Agreement Term, landlord and Tenant shall each have the option to terminate this Agreement on notice to the other of exercise thereof within thirty
(30) days after such destruction.

In either event described in this Section 18.1,should the subject repairs have a material adverse impact upon the ability ofTenant to oonduot its regular on-going business operations at the Premises and the repairs cannot be completed or are not reasonably capable of being completed within eighteen (18) months following the casualty or arenot, in fact, completed within such eighteen (18) month period, Tenant may at its optton elect to terminate the remaining Term of this Agreement on the basis set forth in Section 18.5.

Uninsured Casuatyl. If the Premises are damaged by any casualty not covered by the Insurance or self-insurance that Landlord is required to maintain, Landlord shall have the election, and shall, within one hundred eighty (180) days following the dale of such damage. give Tenant notice of Landlord's election to either: (i) to commence Reconstrui;:tion of thatportion of1he Premises and prosecute the same diQgentfy to completion, in which event this Agreement shall continue infull force and effec or QI} not to perform such Reconstruction of such portion of the Premsies, in which eventthis Agreement shall cease and terminate not later than sixty (60) days after Landlor'ds notice of its election to terminate.

Release of Liabilit . Upon any termination of this Agreement under any of the provisions of this Article XVIII, the parties shall be released thereby without further obligation to the other party coincident with the surrender of possession of the Premises to Landlord, except for obligations which have

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LakeAshlan Slld Nm'  l' s l.31(c Alfred Cafe
Amended - 2018 Re11taurant Lease

theretofore accrued and are then unpaid. In the event of tennination, Landlord and Tenant shall share in the proceeds from Tenant's insurance (including deductibles) maintained pursuant to Section 17 as their respective Interests may appea.r

Abatement of Rent. In the event of Reconstruction of the Premises as herein provided, Tenant shall continue the operatton of its business on the Premises during any such period to the extent reasonably practicable from the standpoint of prudent business management, and the obllgatton of Tenant topa,y Percentage Rent, Taxes, Overhead Charges and Additional Rent shallremain in fullforce and effect. Tenant shall not be entitled to any compensation or damages from Landlord for loss of use of the whol& or any part of thePremises, Improvements, Personal Property, the building of which the Premises are a part, or any inconvenience orannoyance occasioned by such damag,eReconstructionor replacement

MaiorDestruction. Notwithstanding of any of the foregoing provisions of this Article XVIII, if lhe Facility Is damaged to an extent of at least thirty-three and one--third percent (33-1/3%) of the Premises' full replacement cost as of the date of destruction, Landlord shall have the right to terminate this Agreement by giving noticeofsuch termination to Tenant within ninety (90) days after suchdestruction.
ARTICLE XIX. MORTGAGES AND SUB-LEASING

Prohibitions.

Mortgages. Tenant shall not enter into any Mortgage of its leasehold interest in the Premises without the prior written consent of Landlord, which consent may be withheld by Landlord in its sole discretion.

Sub-leasign.  Tenant shall not sublease the Premises, in whole or in part, without the prior written consent of Landlord, which consent may be withheld by Landlord In its sole discretion.
ARTICLE XX. SECURITY DEPOSIT
On or before the Effective Date, Tenant shall deposit with Landlord the sum specified In Section 1.6 as the Security Deposit hereunder. The Security Deposit shall be held by Landlord without liability for interest as security for the full and falthful perfonnance by Tenant of all its obligations under this Agreement. The Security Deposit shallnot be mortgage,dassigned, transferred or encumbered by Tenant without Landlord's prior written consent.

Ifany of the Rent herein reserved orany other sum payable by Tenant toLandlord shall be overdue or paid by Landlord on behalf of Tenant, or if Tenant shall fail to perform any of its other obligations under this Agreement. then Landlord may, at its option and without prejudice to any other remedy which Landlord may have on account thereof, appropriate and apply said entire Sect.1rity Deposit to the sums then due or pastdue from Tenant. Should Tenant comply with allof said obligations andpromptly
pay all the rents when due and all other sums payable by Tenant to Landlord, said Security Deposit shall
be refunded in full to Tenant no later than ninety (90) days after Tenant has surrendered possession of the
Premises to Landlord at the -expiration  or earlier  tennination  of Agreement  Term. If  Landlord  claims deductions against the Security Deposit, Landlord shall return any remaining portion to Tenant within such ninety (90) day period. In the event of bankruptcy or other debtor-aedltor proceedings against Tenant, the

21

Lu;eAshton e.nd Ninl'a Lake Allied Cafe Amended- 2018 Restaurant Lease

Security Deposit shall be deemed to be·applied first to the payment of Rent and other charges due Landlord for the earliestperiods prior to the filing of $Uch proceedings.
ARTICLE XXI. DEFAULTS BY TENANT; REMEDIES

Default. Each of the following events shall be an Eveht of Defaulthereunder by Tenant and shall consitute abreach ofthis Agreement:

If Tenant shall failto pay, whendue, any Rent or portion thereof, or any other sum or amount due to Landlord from Tenant hereunder, and such failure shall continue for a period of five (5) days after the date onwhich Landlord provides writteo notice to Tenant thereof.

.(b)       If Tenant shall violate or fall tocomply with or perfonn any other tenn, provision, covenan,t agreement or condition to be performed or observed by Tenant under this Agreement, and such violation or failure shall continue for a period of fifteen (15) days after writtennotice thereof from Landlord or, If such non-monetary default cannot reasonably be ac:oomplished within fifteen (15) days, Tenant shall have a reasonable period of time to cure such default, provided the cure is commenced within said fifteen (15) day period and is thereafter aggressively pursued to
compleitonby Tenant.

If Tenant ceases the ,actual and continuous operation of the. business contemplated by this Agreemen.tto be conducted by Tenant upon the Premises (unless such cessation in operation is permitted pursuant to the terms of this Agreement). Any permitted cessation of business operations for a period exceeding five (5) days, without prior written approval ofLandlord, shallconstitute an Event of Default

If, at any time during the Agreement Tenn, ·Tenanftiles In any court, pursuant to any statute of either the United States or o( any State, apetitioninbankruptcy or insolevncy, or for reorganization or arrangement, or for the appointment of a receiver or trustee of all or any portion of Tenant's property, Including, without limitation, itsleasehold interest inthePremises, or if Tenant
makes an assignment for the benefit of its creditors or petitions for or enters into an arrangemetn
with its creditors, or if, at any time during the Agreement Tenn, there is filed against Tenant in any
courts pursuant to any statute of the United States or of any State, a petiiton In bankruptcy or insolvencyo,r for reorganziation, or for the appointment of a receiver or trustee of allor a portion of Tenant's property, includin.gwithout limitation, itsleasehold1nterest inthe Premsies, and any such proceedingagainst Tenant is not dismissed within sixty (60) days following the commenC$ment thereof.

If Tenant's leasehold interest in the Premises or property therein is seized under any levy, execution, attachment or other process of court w ere the same shall not be vacated or stayed on appeal or otherwise within thirty (30) days thereafter, or if Tenant's leasehold interest in thePremises issold by judicial sale and such sale isnot vacated, set asideor stayed on appeal or otherwise wtthin thirty (30) days thereafte.r

Remedies onDefault. If any Event ofDefault hereinabove specified shall occur, Landlord, at any time thereafte,rshallhave and may exerciseany of the following rights andremedie:s

Lake Ashton1111d  Nilli's Lab  AUicdOi fc
Amended - 2018RestaUl'IUlt Lease

2.2

Landlord may, pursuant to written notice thereof to Tenant, terminate this Agreement and, peaceably or pursuant to appropriate legal proceedings, re-ente,r retake and resume possession of the Premises for Landlord's own account and, for Tenant's breach of and default under this Agreement, recover immediately from Tenant any and all Rent and other sums anddamages due or in existence at the time of such termination, Includin,gwithout limitation: (i) all Rent and other sums, charges, payments, costs and expenses agreed and/or required to be paid by Tenant to Landlord hereunde,rOi) all costs and expenses of Landlord in connection with the recovery of possesiosnof the Premises, including reasonable attorneys' fees and court costs, and
(iii) all costs and expensesof Landlord in connection with any re-letting or attempted re-letting of the Premisesor any part or parts thereof. including, without limitation, broke_rage fee.sattorneys' fees and the cost of any alterations or repairs which may be reasonably required to so relet the Premises, or any part or parts thereof.

landlord may. pursuant to any priornotice required bylaw and withoutterminating this  Agreemen peaceably or pursuant  to appropriate legal proceeding,sr nter, retake and resume possession of the Premises for the account of Tenant, make such alterations of and repairs to the Premisesas may be reasonably necessary in order tore-let the same or any part or parts thereof and re-letor attempt to re-let the Premises or any part or parts thereof for such term or terms (which may be for a term or terms extending beyond the Agreement Term), at such rents and upon such other terms and provisionsas Landlor,din its sole but reasonable discretion, may deem advisable. If Landlordre-lets or attempts to re-let the Premises, landlord shall be the sole judge as to the terms and provisionsof any new lease or sublease and of whether or not a particular proposed new tenant or subtenanist acceptable to Landlo.rdUpon any such re-letting, all rents receivedby theLandlord from such re-letting shallbe applied (a) first, to the payment of all costs and expenses of recovering possession of the Premises, (b) second, to the payment of any costs and expenses of such re letting, including brokerage fees, attorneys' .feesand the cost of any alterations and repairs reasonably required for such re-letting, (c) third, to the payment of any indebtedenss, other than Rent, due hereunder from Tenant to the l andlord, {d) fourth, to the payment of all Rent and other sums due and unpaid hereunder, and (e) fifth, the residue, if any, shall be held by the landlord and applied in payment of future Rents and other sums as the same may become due and payable hereunder. If the rents received from such re-letting during any perlod 'shall be less than that required to be paid during that period by the Tenant hereunde, r Tenant shall promptly pay any such deficiency to the l andlord and failing he prompt payment thereof by Tenant toLandlord, landlord shall immediately be entitled to·institute legal proceedings for the recovery and collection of the same. Such deficiency shall be calculated and paid at the time each payment of Rent and other sum shall otherwise become due under this Agreemen or, at the option of l andlord, at the end of the Agreement Term. In addition, Landlord shall be immediately enUtled to sue for and otherwise recover from Tenant any other damages occasioned by or resultingfrom any abandonment of the Premises or other breach of or default under this Agreement other than a default in the payment of Rent. No such re-entry, retaking or resumption of possession of the Premises by the Landlord for the account of Tenant shall be construed as an election on the part of Landlord to terminate this Agreement unless a written notice of such intention shall be given to the Tenant or unless the termination of this Agreement be decreed by a court of competent jurisdiction. Notwithstanding any such re--entry and re-letting or attempted re­ letting of the Premisesor any part or parts thereof for the account of Tenant without terminatio,n Landlord may at any time thereafter, upon written notice to Tenant, elect to terminate this

23

ui ke Ashton and Nini' s Lake Alfred Cafo
,\m ended - 2018RestBlll'llllt Lease

Agreement or pursue any other remedy available to Landlord for Tenants previous breach of or defautl under this Agreement.

Landlord may, without re-entering, retaking or resuming possession of the Premises, sue for all Rent and all other sums, charges, payments, costs and expenses due from Tenant to Landlord hereunder either: (i) as they become due under this Agreement) taking into ac:count that Tenant's right and option to pay the Rent hereunder in any particular year Is
condioned upon the absence of a default on Tenant's part in the performance of its obligations under thisAgreement, or (ii) atLandlord'soption, accelerate the maturity and due date of the whole or anypart of the Rent for the entire then-remaining unexpired balance of the Agreement Term, as well as all other sums, charges, payments, costs and expenses required to be paid by Tenant to Landlord hereunder, including without limitation damages for breach or default of Tenants obligations hereunder in existence at the time of such acceleration, such that all sums due and payable under this Agreement shall, following such acceleration, be treated as being and, in fact, be due and payable In advance as of the date of such acceleration, as such aggregate sum then reduced tQ itsnet present valueand which sum shall be offset by the net rents which can then be reasonably anticipated to accrue to Landlord during the balance of the Agreement Term by the exercise of commercially reasonable efforts by landlord to re..iease the Premises following such termination. Landlord may then proceed to recover and collect all such net sums so sued for from
Tenant by distress, levy, and execution or otherwise. Regardless of which of the foregoing alternative remedies is chosen by Landlord under this subparagraph (c), Landl'ord shall not be required to re-let the Premises nor exercise any other right granted to Landlord pursuant to this
Agreement, nor shall Landlord beunder any obligation tominimize or mitigate Landlrod's damages or Tenanfs loss as a result of Tenan'st breach of or default under this Agreement. In addition to the remedies hereinabove specified and enumerated, landlord shall hav·eandmay exercise the right to Invoke any other remedies allowed at law or in equity as if the remedies of re-entry, unlawful detainer proceedingsand other remedies were not herein provided. Accordingly, the mention in this Agreement of any particular remedy shall not preclude Landlord from having or exercising any other remedy at law or in equity. Nothing herein contained shall be construed as precluding the Landlord from having or exercising such lawful remedies as may be and become necessary in order to preserve the Landlord's right or the interest of the Landlord in the Premises and in this Agreement, even before the expiration of any notice periods provided for In this Agreement, if under the particular circumstances fhen existing the allowance of such notice periods will prejudiceor will endanger the rights and estate of the Landford in this Agreement and in the Premises.

Landlord May Cure Tenant Defaults. If there is an Event of Default by 'Tenant in the performance of any term, provision, covenant or condition on its part to be performed hereunde. Lrandlord may, after notice to Tenant and a reasonable time to perform after such notice (or without noticeif, in Landlord's reasonable opinion, anemergency exists) perform the same for the account and at the expense of Tenant. If, at any time and by reason of such default, Landlord is compelled to pay, or elects to pay, any sum of money or do any act which will require the payment of any sum of money,' or is compelled to incur any expense in the enforcement of its rights hereunder or otherwise, such sum, or sums, together with interest thereon at the highest rate allowed under the laws of the State of Florida, shall be deemed AdditionalRent hereunder and shall be repaid to Landlord by Tenant promptly when billed therefore, and Landlord shall have all the same rights and remedies in respect thereof as Landlord has in respect of the rentsherein reserved.

Lab AslJloµ and Nini's Lake Alfred Cafe	24
Ameode<i - 2018 lu:staurant Lease

Landlord'sLien. landlord shall have at all times during the Agreement Tenn a valid lien for all Rent and other sums of money becoming due hereunder from Tenant upon all goods, wares, merchandise, Inventroy, furniture, fix1ures, equipme,nvtehicles and other Personal Property and effects of Tenant situated in or upon the Premises, and such property shall not be removed therefrom without the approval and consent of Landlord until all arrearages  in Rent all other sums  then due to Landlord hereunder shall first have been paid and dischargedin full. Upon the occurrence Qf any Event of Default by Tenant Landlord may, In addition to any other remedies provided herein or by law, enter upon the Premises and take possession of any and all goods, wares, merchandsie, inventory, furniture, fixtures, equipmen,tvehicles and other Personal Property and effects of Tenant situated in or upon the Premises without liability for trespass or conversion, andsell the same at public orprivate sale, with or Without having such property apprasi ed, at which Landlord or its assigns may purchase any of the same and apply the proceeds thereof, less any and all expenses connected with the taking of posssesionand sale, as acredit against any sums due by Tenant, and Tenant agrees to pay any deficiency forthwith. Alternatively, the lien hereby granted may be foreclosed in the manner and form provided by law for foreclosure of security interests or in any other manner and form providedbylaw. The statutory lienfor Ren,tif any, is not hereby waived and the express contractual Hen herein granted is in addition thereto and supplementary thereto. Tenant agrees to execute and deliver to Landlord from time, to time during the Agreement Term such financinsgtatements as may be required by Landlord in order to perfect the Lanldord's lien provided herein or by law. Notwithstanding the foregoing, except to the extent expresslygranted in Section 21.5, Landolrd's lien for Rent shall not extendto intangibles, memorabiUa or proprietaryproperties utilized in the business operated by Tenant from the Premises and shall be subrodinateto any purchase money security inteerst granted by Tenant in the personal property utilized by Tenant in the operation of the business in the Premises.

Rights Cumulative. The rights and remedies provided end availableto Landlold in this Agreement are distinct, separate and cumulative remedies, and no one of them, whether or not exercised by Landlord, shall be deemed to beinexclusionof any other,

ARTICLE XXII. DEFAULTS BY LANDLORD; REMEDIES

If Landlord neglects or fails to perform or observe any of the terms, covenants or conditions contained in this Agreement on its partto be performed or observed within thirty (30) days after Landlor'ds receipt of written notice from Tenant of default or, when more than thlrty (30) days shall berequiredto cure the default, if Landlord shall fall to commence such cuewithin said thirty (30) day period or thereafter fail to proceed dlllgently to cure such defaul then Landlord shall be llable to Tenant for any and all damages sustained by Tenant asa result of Landlo'rsdbreach.
ARTICLE XXIII. EMINENT DOMAIN

CompleteTaking. If the whole of the Premises shall be taken or condemend for any public or quasi-publlc use or purpose, by right of eminentdomain orby purchase inlieuthereof, or if a substantial portion of the Premises shall be so taken or condemned that the portion or portions remaining is or are not sufficient and suitable, in the mutual reasonable judgment of Landlord and Tenant, for the continued operation ofthe business contemplated by this Agreement tobe conducted thereon, therein or therefrom so as to effectivelyrender the Premises un-tenantable, then this Agreement and the term hereby granted shall

25

Lake Ashtonand N'mi' BLake AlfredCafe Amended - 2018 Restallnmt lease

cease and tenninateasof thedate on. which the condemning authority takes possession and all Rent shall be :Paid by Tenant to Landlord up to that date or refunded by Landlord to Tenant if Rent has previously been paid by Tenant beyond that date.

Partial Taking. If a portton of the Premises is taken, and the portion or portions remaining can, in the mutual reasonable judgment ·ofLandlord and Tenan,t be adapted and used for the conduct of Tenant's business operation, such that the Premises are not effectively re11dered un-tenantable, then the Landlord and the Tenant shall prompUy restore their respective remaining portions thereof to a condition comparable to their condition at the time of such taking or condemnation, less the portion or portions lost by the taking, and this Agreement shall continue in full force and effect except that the Rent payable hereunder sha,llIf necessary, be equitably adjusted to take Into account the portion or portions of the Premises lostby the taking.

ARTICLE XXIV.SALE OR MORTGAGE BY LANDLORD
Tenant agrees that Landlord may at any time, sell or convey l andlord's interest in and to the Facility, or any part thereof, and Tenant consents to Landlords' assignment (or other conveyance) of Its interest in this Agreement to a new property owner or other interest holde. rFrom and after a sale or other conveyance of Landrord's Interestin and to the Faclllty, or any part thereof, landlord shall be released from all liability to Tenant and Tenant's successors and assigns arising from this Agreement, including liability for any act.occurrence or omission of the successor Landlord occurring after such sale.

ARTICLE XXV. ATTORNMENT

Tenant shall and hereby agrees to attom, and be bound under all of the terms, provisions, covenants and conditions of tbis Agreement, to any successor of the interest of Landlord under this Agreement for the balance of the Agreement Term remaining at thetime of the succession of such interest to such successor. 1n particular, in the event that any proceedingsare brought for the foreclosure of any mortgage or security inteerst encumbering or collateral assignment of Landol rd's interest in the Premises, orany portion thereof, Tenant shall attom to the purchaser at any such foreclosure sale and recognize such purchaser as Landlord under this Agreement, subej ct, however, to all of the tenns and conditions of this Agreement. Tenant agrees that neither the purchaser at any such foreclosure sale nor the foreclosing mortgagee or holder of such security interest or collateral assignment shall have any liability for any act or omission of Landlord, be subject to any offsets or defenses which Tenant may have as claim against Landlord, or be bound by any advance Rents which may have been paid by Tenant to Landlord for more than the current period in which such Rents come due.
ARTICLE XXVI.	QUIETENJOYMENT

Landlord agrees that Tenant, upon paying the rent and performing the tenns, covenants and conditions of this Agreemet,nmay quietly havej hold and enjoy the Premises from and after Landlord's delivery of the Premises to Tenant in accordance with Section 3.5 until the end of the Agreement Term, subjectto theother provisions of this Agreement.

ARTICLE XXVII.	NOTICES AND CONSENTS

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Lalce Ashton and Nlni's LalceA.lfudCafe Amended - 2018Restaurant Lease

All notices. consents, approvals, requests, demands, releases, waivers, certifications, and other communicationspennltted or required to be given unde,ror referred toin, this Agreement shall beinwriting and shallbeand deemed duly served or given: (I) when actually delivered, ifdelivered by ovemight or other courier ordelivery service which confirms delivery in writing or (ii) within five (5) business days after deposit in the.U.S. Mail, if sent by certified mail, postage prepaid, return receipt requested. Such notices shall be addressed to all persons entitled to receive notice for such party pursuant to Section 1.12. Landlord and Tenant may, from time to time by written notice to the other, designate another place for receipt of future
notcies.

ARTICLE XXVIII.	MISCELLANEOUS

Waiver or Consent Limitation, No release, discharge or waiver of any provision hereof shallbe enforceable against or binding upon Landlord or Tenant unless in writing and executed byLandlord orTenant, as the case may be. Neither the failure of Landlord or Tenant to insist upon a sb'ict performance of any of the terms, provisions, c;:ovenatns, agreements and conditions hereof, nor the acceptance of any Rent by Landlord with knowledge of a breach of this Agreement by Tenant in the performance of its obligations hereunder, shall be deemed a waiver of any rights or remedies that Landlord or Tenant may have or a waiver of any subsequent breach or default In any of such terms, provisions, covenants, agreements and conditions.

Force Maieure. The occurrence of any of the following events shall excuse such obligations of Landlord or Tenant as are thereby rendered impossible or reasonably impracticable for so long as such event continues: lockouts; labor disputes; acts of God; inability to obtain labor, matertals or reasQnable substitutes therefor; governmental restrictions, regulations or controls; judicialorders; enemy or hostile governmental action; civil commotion; fire or other casuatly; and other causes beyond the reasonable control of the party obligated to perform. Notwithstanding the foregoin,gthe!JCCUrrence of such events shall not excuse Tenant's obligations to pay Rent (except as provided in Section 18.4) or excuse such obligations as this Agreement may otherwise Imposeon the party to obey, remedy or avoid such event.

Landlord Calculation,s Determinations and Requirements. Whenever this Agreement contemplates that Landlord will make particular determinations, calculations, specifications, requirements, estimates or the like with respect to amounts payabfe by Tenant, Landlord shall make such detenninations, including the amount, allocation, proration and composition of charges and expenses, in a reasonable and equitable manner a(!d acting In good faith.
Failure to Give Consent If Landlord or Tenant improperty fails to give any consent or approval referred to in this Agreement, the other party hereto shall be entitled to specific performance in equity and shall have such other remedies as are reserved toit under this Agreement, but inno event shall Landlord orTenant beresponsible In monetary damages forsuch failure to give consent.

Reasonablene$S. Except where expressly provided to the contrary In this Agreemen whenever this Agreement provides that a consent, approval, decision or judgment of ei1her party is required, such consent, appmva,l decision or judgment will not beunreasonably withheld or delayed. There are certain provisions of this Agreement, however, in which either Landlord or Tenant may withhold its consent "in its sole discretion." These specific provision,swhich may be viewed as allowing such party in

27

Lake Aabton1111d N'mi's Lake AlfredCafe
Amended•2018Restaumot Lease

such instanceto deviate from a standard or reasonableness whico is imposed on Landlord and Tenant In connection with other provisions of this Agreemen have been negotiated and bargained for and represent a material part of the oonsideration to be received by each party. The parties, bearing In mind the rights, duties and obligations of the parties to honor the implied covenants of good faith and fair dealing, have specifically negotiated for and agreed that it is the intent of the parties that Landlord or Tenant, where expressly provided, may exercise their respective consent authority pursuant to a subjective standard of sole discretion.

Relationshpiof the Partei s.   Nothing contained ln this Agreement  shall be deemed or construed as creating a partnership, joint venture, principal-agent, or employer-employee relationship between Landlord or any other person or entity (includingTenant) or as causing Landlord to beresponisble inany way for the debts or obligations of such other person or entity.

Severability: Construction of Provisions.   If any provision  of this Agreement shall be detennined to be void  y any court of competent jurisdci tion,then such determination shall not affect any other proviisonof this Agreement and all such other provisions shallremain in fu. llforce and effect. It is the Intention of the parties hereto that If any provision of thiS. Agreement is capable of two (2) constructions, one of which would render the provision void and the other of which would render the provision valid, then the provisionshall have the meaning which renders it valid.

Warranties. Tenant is a limited liability company and the person or persons executing this Agreement on behalf of Tenant hereby covenant and warrant as of the Effective Date that: (i) such limited llablllty company is duly established in and qualifiedto do business in the State of Florida; (ii) such limited llablllty company has paid all applicable franchiseand other taxes;{iii) such entity will file or pay when due all future forms, reports, fees and other documents necessary to comply with applicable laws; (iv) the signing party to this agreement is authorized to signfor the enttiy.

Landlord warrants that fee simple title to the realproperty on which the Facility is located is vested in  Landlord as of the date hereof and is not subject to any lien or other encumbrance  which would adversely affect the ability of Tenant toutili?e the Premisesin a manner consistent with this Agreement.

Entire Agreement.	This  Agreement  supersedes  and cancels  any  and  all  previous negotiations, representations,brochures, displasy, projections, esitmates, agreements and understandings, if any, made by or between Landlord and Tenant with respect to the subject matter thereof, and none thereof shall be used to interpret, construe, supplement or contradict this Agreement. Phrases such .as
includin"gand "for example• shall In no circumstances be construed as phrases of limitation but shall be treated as merely providing examples of the more general language which more general languageshall be broadly and falrfy construed.	·

Time of Essence.	Time is of the essence in the perfonnance of all covenants and conditions in this Agreement forwhich time isa facto.r

Access.  Landlord and Landlord's.agentsshall have the righ,t upon reasonable notice to Tenant (except in the case of an emergency or threatened emergency or a threatened default under this Agreemen,t when no notice shall berequired,)to enter thePremises at reasonable times for thepurpose of inspectingthe same, showing the same to prospective purchasers, lenders, or tenants providedthat

28

Lake Ashton and Nini's Lalce Alii-ed Cafe­ Ame:nd,;d - 20 18 R	umntLease

Landlord shall attempt to minimize interference with Tenan'st business. Tenant shall have access to the Premises twenty four (24) hours per day, seven days per week.
Attomevs Fees. If either party brings an action to recover any sum due hereunder, or for any breach hereunder, and obtains a judgment or decree in its favor, the court may award to such prevailing party its reasonable costs and reasonable attorneys' fees, specifically including reasonable attorneys' fees incurred in connection with any appeals (whether or not taxable as such by law). Landlord shall also be entitled to recover its reasonable attorneys' fees and costs incurred in any bankruptcy action filed by or against Tenant, including, without limitation, those incurred In seeking relief from the automatic stay, in dealing with the assumptionor rejection of this Agreement, in any adversary proceeding, andIn the preparation and filing of any proof of claim.

Brokers. landlord and Tenant hereby represent and warrant to each other that they have not engage,demployed or utilized the services of any business or real estate brokers, salesmen, agents or finders in the initiation, negoHation or consummation of the business and real estate transaction reflected in this Agreement. On the basis of such representation and warranty, each party shall and hereby agrees to indemnify and save and hold the other party harmless from and against the payment of any commissions or fees to or claims for commissions or fees by any real estate or businessbroker, salesma.nagent or finder resulting from or arising out of any acHons taken or agreementsmade by them with respect to the business and real estate transaction reflected inthis Agreement.

28,14 Rules and Regulations.Landlord shall, at its discretion, implement and modify from fime to time during the Agreement Term rules and regulations governing the conduct of persons while at the Premisesand the Facility (the "Rules and Regultaionu s),  with which Rules and Regulations Tenant will comply.  Included Within the Rules and Regulations  may be, without limitation,  provisions  relating  to employee and visitor parking and access to the Premises, employee groomin, gbehavior and wardrobe standards and minimum and maximum hours of operation. Attached asExhibit Bare the current Rules and Polices of the Landolrd. In the event of a conflict between the Rules and Regulations and this Agreement, the provisions of the Rules and Policies shall prevail.

Applicable Law. This Agreement shall be interpreted and enforced under the laws of the State of Flortda. Any litigation arising under this Agreement shall be venued in the Circuit Court of Polk County, Florid.a THE PARTIES WAIVE TRIAL BY JURY AND AGREE TO SUBMIT TO THE PERSONAL JURISDICTION AND VENUE OF ACOURT IN POLK COUNTY, FLORID.A

Fire Extinguishers.  Tenant shall, at all times and at its own cost, maintain the code-­ requiredfireextit'lguishe s)on the Premises and shall maintain an annual service contract on extinguishers during the Agreement Tenn (including renewal options).

No Modification.   No  modiffcatlon,  waiver,  amendment,  discharge or change  of this Agreement shall be valid unless the same is in writing and signed by the parties against which such enforcement is or mayb sought. This instrument contains the entire agreement made between the parties and may not bemodified orally or In any manner other than by an agreement in writing signed by all parties hereto or their respectivesuccessors ininterest.

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Lake Aahton and Nini'! Lake Alfred Caf.e Ameodcd-2018 staurantLease

Employees; lndooendent oontractor Status.   All matters pertaining to the emplomy ent, supervision, compensation, promotion and discharge of any employees of Tenant or entities retained by Tenant are the sole responsibility of Tenant. Tenant shall fully comply with all applicable acts and regulations having to do with workman's compensation, social security, unemployment insurance, hours of labor, wages, working conditions and other employer-employee related subjects.	In performin,g any services hereunder, Te.nantshall be a tenant only and not an employee of the l andlord.   It is further acknowledged that nothing herein shall be deemed to create or establish a partnership or joint venture between the landlord and Tenant.  Tenant has no authority to enter into any contracts or agreements, whether oralorwritten, on behalf of theLandlord.
Radon Gas. Pursuant to Florida Statutes Sections 404.056(8), Tenanitshereby notified of the following: Radonis anaturally occurring radioactive gas that, whenit has accumulated inabuildingIn sufficient quanttiei s, may present health risks to persons who are exposed toItover time. Levels ofradon that exceed Federal andState gufdellnes have been found inbuildings in Florida. Additional information regarding radon and radon testing may beobtained from theCounty public health unit.

Affidavit of Arms Length Transaction and Absence ofReal tionsihpBet.ween Parties. The Parties to this Agreement agree and affirm this is an anns length transaction. Neither Party to this Agreement is afamily member, business associate, or shares abusiness interest (other thanthe Agreement described hereunder) withthe other Party. The Parties further agree and acknowledge that Tenant doesnot have any role orrelationship with or through the Landlordwhich would limlt the ability of Landlord to exercise Its rtghts under the Agreement.

[Signature page to follow]

30

Lake Ashton.aod N-U.i'sI.ak:e AlfredCafe Amended - 2018 Restautent Lease

SIGNATURE PAGE TO AMENDED RESTAURANT MANAGEMENT CONTRACT AND LEASE AGREEMENT
J_ \J, IN WITNESS WHEREOF, the parties hereto have executed this Lease this	l'2-  day of

w>-=	I 2018.

ATTEST:

By:  	

 	

Print:	€rehd.,_

V'i   "-

Secretary/Asst. Secretary

ljJ
r:,c-k£

LANDLORD:
LAKE ASHTON COMMUNITY
DEVELOPMENT DISTRICT,

Ca.. o I

a Florida community development district

By:

Print:
ChairmanNice-Chairman

WITNESSES:
  lUJ..J./)

Print: -.1-;. ::L.4:... 	: .,t..L-J-=-::.--

X 	:=+--	-	-	-	-	-	-	

TENANT:
NINl'S LAKE ALFRED CAFE, LLC, a Florida
limited liability company

Print:

Cht15+, VlLlts

Lake Ashton a Nini's Late AlfRd cam
Ameaded • 2018 Restautant Lease

Title:	i	I	

31

EXHIBrr A

S- ITEPLAN OF THE PREMISES

,

("Premsies11  incluSft/6 of Patio area)

32

Lake Ashton 1111d Nini ' i Lake Alfted C.afe Amended - 2018Restaunmt Lease

EXHIBITS

RULES AND POLICIES OF THELANDLORD

(See atliiched}

33

Lake Ashton and N"mi's.Lake Alfn:d Cafe
Amended - 20 18 Restaurant Lease

LAKE ASHTON COMMUNITY

EVELOPMENT DISTRICT

AMENITY FACILITIES POL ems

November 10, 1017

Lake Ashton Clubhouse Office 4141 Ashton Club Drive
Lake Wale8, Florida 33859

TABLE OFCONTENTS
D.EFlNJTIONS	1
IDENTIFICATION"CA.RDS	2
NON-RESIDENT ANNUAL USER FEE............................................·-················.·	3
GUEST POUCIB.S ..•.- .......... ...... ........... ..........-.... ......... ....... ..- ·-·· ············ ······· ········	, 3
.RENTER'S PRIVILHG'BS................... ........  .. ................ . ... ... .. .. ... . .. .... ........_ . ...  ,.,•...•.•.........•..........•...•... 3
omBRAL FACil.,nY P.RO'VISIONS ............ ... ..... . ........... . ...... ... .. ... ...... ... ... . .. . .... ..•,. .........•	•.•.••   . 4
LOSS OR DESTRUCTION OF PROPERTY OR INSTANCES OF PERSONAL INJUllY	7
GENERAL LAKE ASHTON AMENITY FACILITY USAGE POLICY	8
GBN'ERAI,; SWWMJN'O POOL R"ULBS ••i••····..··········· ······· ··•··· .......... . ...... ............ ....... ............ . .... .. . . t. 9
SPA R'ULBS.... - .. .... .... ...... .....  .. ....... ...... ... .......... .........•..·•• :a•·•···· · 	11
SWIMMJNG POOL: 1'HUNl)ERSTORMPOLICY"	11
F"I'I'NBSS CmrBR.POUCIBS................. ..... ... .......... .... ... ...... ..... ... .... .....- .. ........ ........ .... .... ... ., 	11
GBN'B.RALFACll.,.rrY 'RESERVATION POLICY,' ... ... ,	12
TE.NN'.IS FAcarI'Y" POLICIBS•. ... ........... .... ..............................	.. .......................... ......... ,.. .....•. .,	13
BASKE'I'BALL FACILrIY POLICIES	14
HORSESHOES POUCIES..............._.... ...... ..... ... ........ ... ... ...... ........ ...,.......... ..... .&    ...  . .    .    .    .    .    .       ...    .       ,    ·     -        ·    ·    ·    ·   ·    ·   ·   ·    ·    ·   ·    ·    ·   ..    -·.	15
SHlJFFLBBOARD POUCJES......................................_ 	15
BOCCB. POI.J.CIBS	16
BOWLIN'O POLICIBS ............. .. ............  .........."". . ...... ... .... . , 	16
CINEMA. POUCIBS .................. . .... ..... ............ ..... ....... ......... ...... .......... ... .......... ... ·················	17
CRAFI' ROOM POU C.IES- ........ ........................ .......... ........... ..... ....................... ........ ... .. ... ....,	17
CARD ROOM AND GAME ROOM POLICIES _	18
PISJIIN'G POLICT ......... . ,....... .......... ......... ... .. .. .... .... ...................... .. - ......................... ................ ,	18
PAVll...ION.POLICIES..... ................ .......,.. ...... ................ ................. .......... .. .... ......... ........ .... ....... ....................... _.18
LA.KB ASlITON.RBSTAl.IRAN'I' POLICIBS ............. .......... ......... ............. ..........·- ·········•·'"··	19
CLlJBHOUSE BAl,IJlOOM: RENTAL POLICIES	19
Policies............ ..... ... ................ .... .................. ..... ... ...............·.·. ·· _......,••". ..•.,.	19
Smec:f:w.e of Fmsan.d. ts	.... .."··· - ·..•••..·••·	20
lnd.ann.ification.••..,. .. .................. ..,.. ........,.... .... ........ ...... .... ......... ,	221
i

CLUBS AND anmR.. ORGANIZATIONS ...... ... ,	221
MEI>IA POUCY'....................   .. .........._... .. _, .. ................... .........  ....... .. .............. .......................... ........ . ....  . . ...... ......, 	22
CO:MP""UTER...AN'D.lN'mRNET.POLICY	22
Comp1Jl:el' an.d In1:e:rn.at Monitori.ng-••·•·"·-· ....... .... ...... ..... ................ .. ........... ....... ................ ........... ..... v	22
Inapp:opziate C<,Jltellt and Use....................,........ ,, .•,t  ••  , 	22
POIJ'I'ICAL GROUPS ·-- ·-·····..···--········-·••h•"············..•·····.• 	22
UseofRental Facilities and Political Groups	22
District Me,clia an.d Politi.cal Grotzps	23
SUSPEN'SION .AND ATION'OF PRNil.BGES	24
Relating to the Health, Safety and Welfare ofthe Patrons andDamage to Amenity Faci.lities24
ReJatin.g m District,s.Am.enity' Facili.ties Polices....................... ....,...., .•	24
District StJSpmsi md Termjnation. Pm-cess·...... ....... t:••···· ·············.•.····•····	24

ii

DEFINITIQNS
"Amenity Facilities" - shall mean the properties and areas owned by the District and intended fur recreational use and snail include, but not specifi y belimited to, the Lake AshtonClubhouse, together with its appurtenant facilities and areas.
"Ammfty Facilities Policies" or "Policies" - shall mean these Amenity Facilities
Policies of Lake Ashton Community Development District, as amended fromtime to time.

"Amm.lty Manage - shall mean the management company, including its employees, staff and agents, 001l1raCted by the District to manage all Amenity Facilities within the District, which facilities include, but are uot limited to, the Clubhouse •d its peripheral facilities and amenities.

"Board of Supervison" or "Board" - shall mean -the Lake Ashton Community
Development District's Board of Supervison.
"District"-shallmean the LakeAshton Community Devdopment District
"DistrictMan-shall mean the  professional._management 00mpany withwhich the
District has contracted to provide m&Qgement services to the District.

aGoeat" -  shall mean any individual  that is invited to  use the Amenity Facilities by   a Residen Non-Resident Membc:r or Renter and possesses a valid guest pass issued by the Amenity Manager.
"Inappropriate Content" - - shall mean content that is frandwmit, harassmg embarrassing, sexually explicit, profane, obscene, in timidating, defematory1 or contains sexual comments, obscenities, nudity, pomogrephy, abusi\'e or degrading language, antisocial behavior, orinappropriate comments conccming color, religion, sex,national origin, mar1taI status, or disability, violates any District Policies or rules, has the potential to caue the District public harmordisrepute; or isotherwise unlawful and is inappropriate and maynot besent bye-mail or other form of elccttonic communication or displayed on District computers or stom1 in the
District's systems.

"Media" - shall mean certain publications andmedia producedby theDistrict and solely
intended to providecommunity information, including butno.t limited tothe Lake Ashton Times.
"No:n-R.elident"- shall mean any peJSott or persons that do not own property within the District.

"Non-Resident Ammlll User Fee" - shall mean the fee established by the District for my person that is not a Resident and wishes to becomea Non-Resident Member. Theamount of the Annual User Fee is set forth herein, and 1bat amount is subject to change based on Board action.

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"Non-Relldent Member" - shall mean any individual not owning property in the District who is paying the Non-R.csident Annual User Fee to the District for use of all Amenity Faei.litics.

"Patron., or "Patrons" - shall mean Residents, House Guest&, Non-Resident Members, and Renters/Leaseholders wboareeigbteeo (18) yearsof age and older.

"Polides" - shall mam the Amenity Facilities Policies of Lake Ashton Commumty Development District. as amended fium time t.o time, along with all other policies and mies of theDistrict.

"Political ltme" - shall mean any candidate, political party, issue. referendum, or amendment that is subject to a voteof electors, whether local, state or federal.
"Poll.deal Greup" - shall mean any group, club, or organization that supports. endorses, or opposesa Political Issue, as defined herein.

"Rmter" - shall mean any tenant residing in a Resident's home _pursuant to a valid
rental orlease agreement.
"'Rental Fadlitla" - shall mean the Amenity Facilities available to the public and/or to Lskc Ashton organi'.Z))tions for rent or reservation, in aooo.rdance with the Policies of the Districi and thelaws of1heStateof Florida, including but not limited to the Ballroom (including adjacent Reflection Garden), Cmlroom, Cinema, Conference Room, and the Gazebo.

"Resident" - shall mean any person or family owning property within the Lake
Ashton Community Development District.

IDENTD1CATIO CARDS
1. ID cards (or similar access devices) may be issued to all members of each Resident's household and/or Non-Resident Members. There may be a charge to replace lost or stolencards or for additional cards.
,	Guest Passes areissued to guests prior to using the Amenity Facilities.

All Renters may be required to purchase theirown ID cards(orsimilar access devices).
Guestswill be required to .sign a waiverof liability before using the District amenities.

S.	Patrons and Guests shall be required to present ID cards or Guest Pasaes upon requc.,t
by staff at an.yAmenity Facility.

2

The Board of Supervisors (as an entity), the Operations Manager, the Amenity Manager and its atatf shall have full authority to enforce these policies. However, the Amenity Manager shall have the authority to waive strict application of any of these Policies when prudent, nec:essary or in tho best int.en:st of the District and its Residents. Such a temporary waiver of any policy by the Amenity Manager shall l'IOt constitute a continuous, ongoingwaiver ofsaid policy, an-dtheAmenity Manager reservestheright to enforce all of thesepolices at any timehe orshesees fit.

All lost or stolen IO etrds should be reported jmmediately to the Amenity Manager•s office. A fee will be assessed for any replacement cards.

NON-RESIDENT ANNUAL USER FEE
The	Annual  User  Fee  for   any  person  not  owning  real  property  within  the  District is
$.2,400.00 per year,and this fee shall include privileges forup to two people total. This payment must bepaid in fullat the time of completion of 1he Non-Remdent Club Member application aoi ttie corresponding agreement. This fee will cover membership ·tQ all Amenity Facilities for one
(I) full year from the date of receipt of payment by the District. Bach subseqllCtlt emma1 membership fee shall be paid in full on the ennivenary date of application for membership. Such fee may be inareased, not more than once per year, by action of the Board of Supervisors, to reflect increased costs of operation of the amenity facilities. This membenhip is not available for commercial purposes.

GUEST POLICIES
All	regardless of age, must register withthe office ofthe Amenity Mao.ager prior to using the Amenity Facilities. In the event the Ouest is undc:r eighteen (18) years of age, the Resident, Non-Resident Member or Renter inviting th-, Guest must be present
-upon re	wless other aaangements have been made with the Amenity Managc:rts office. All Ouesta under eighteen (18) yean of age must also be accompanied at all times while using the Amenity Facilities by a parent or adult Patron over eighteen
(18) years of age unles·s previously authorized. by the Amenity Manager. Guests over
the age of aigbtcen (18) must register and may use the .Amenity Facilities unaccompanied by Patron.·
AU Guests over the age of eighteen (18) must sip a waiva- of liability upon registration
at the Amenity Manager's office.

Patrons who have registered a Guest are respcms1'ble for any and all actions taken by such Guest. Violation by a Guest of any of these Policies as set forth by the District could xesult inlossof thatPatron's privileges and membership.

RENTER'S P,RJVILEG

3

Residents who rent or lease out their residential unit(s) in tho District shall have the right to designate the Renter of their nmdential unit(s) as the beneficial users of the Resident's membership privileges forpurposes of Amauty Facilities use.

In order fur the Renter  to  be entitled  to  use the Amenity Facilities, the  Renter  may  be required to acquire a membership with respect to the residence wbicb  is  being nmted. or leased es well as purchase an ID card. A Renter who is designated as the beneficial  user of  the Residem1s  membership sball be entitled to  the  same rights and privileges to use the Amenity Facilities u the Resident.

Doring the period when a Renter is designated as the beneficial user of the membership, the Resident shall not be entitled to use the Amenity Faa1ities with respect to that membership.

Residents shall be responsible for all c:barges 'incurred by their Renters which remain unpaid after the customary billing and collection prooedure established by the District. Resident owmn areresponsible for the deportment of their r:espective Renter.
S.	Renters shall be subject to such other rules and regulations as the Boardmay adopt from
time to time.

6. Rcntets may bo required to present their ID cards in order to gain access to the Amenity Facilities.

GENERALFACILITY PROVISIONS
The Board reserves the right to amend, modify, or delete, in part or in their entirety, these Policies when necessary, at aduly-notioed Board meeting, and will notify the Patrons of any changes. However, in order to change or modify rates or fees beyond the increases specifically allowed for by the District's roles and regulations, the Board must hold a duly-noticed public hearingon said rates and fees.

All Residents, Non-Resident Members and Rmter3 shall be required to present their ID cards or Oaest Passes or other Valid Tdentifieation in order to gain access to the Amenity Faeilities.
All hours of opem:tion, including holiday schedules, of the Amenity Facilities will be
established and pllblished by the District and Amei1ity Manager.

Dop and all other pets {with the exception of service dog.,) are not permitted at the Amenity Facilities. In the event a special event is held, as previously approved by the Amenity Manager, and dogs are permitted at the Amenity Facilities as part of the special event, they must be leashed. Patrons .are responsible fur picking up after all pets and

4

diSJlOsing of any waste in .a designated pet waste reeeptaclc or an outdoor dumpster as a courtesy to n;sidents.

Vehicles must be parked  in  designated areas.  Vehicles and golf carts should not  be parked on grass lawns, in any way which blocks the nonnal flow of traffic or in any way that limits the ability of emergency service worken to respond to situations. The Amenity Manager reserves the tight to waive this parking restriction in the event overflow parking is needed fora large event
Firewom of any kindare not permitted anywhae at or on the Amenity Facilities or adjacent areas, with two m:ceptiODB: (1) sparklers maybe used outdoors only subject to prior approval of the Amenity Manager, and (2) the Board may approve the use of fireworks overa bodyof water.

OnlyDistrict employees or employees of theAmenity Manager areallowed in the service ateasof theAmenity Facilities.

Smoking, including smoking electronic cigarettes, is not pmnitted at any of the Lake Ashton Amenity Facilities except within smoking areas designated by the Amenity Manager. The:main en.trance to the Clubhouse is nota designated smoking area.
Disrcprd for rules or policies may result in expulsion tiom the Amenity Facilities and/or loss of Amenity Facilities privileges in accordance with the procedures set forth herein.
Pool and spa rules that areposted in theappropriate area m'USt be observed:
Conflicts  between  amenity users should  be referred  to  staff or security.	Under no
circumstanoes should verbal orphysical conftontation occarbetween amenity users.
Patrons and their Guests shall treat allstatf members withcourtesyand respect.
Off-road motor:bikes/vehicles, excluding golf carts, are prolnoited on all property own
main cd and operated by the District or onanyof the AmenityFacilities.
Drones and all forms of nnmann,id aerial vehicles are not permitted in, on or over the AmeJ1fty Facilities or District property at any fune without the written antho.rization of theDistrict, except as permitted by law or.regulationof anapplicable government entity.
The District will not offer childcare services to Patrons or Guests at any of the
Amenity Facilities.

Skateboarding is not allowed on the Amenity Facilities property at anytime..

s

Perfurmancea at any Amenity Facility, including those by outside entertainers, must be
approved in advance by the AmenityManager.
All fuod 4nd beverages consumed at tho Clubhouse facilities must be provided by the Lake Ashton Clubhouse teStaurant per the Distrjct;s contra.ct/lease with the restaurant management COJ.t1pany. However, the Amenity Manager may make an exception t.o this requircinent. When such a community event is held, thePatronswill beallowed tobring in outside mod and beverage, butnooutsidevendors or caterers shallbe allowed to serve food or beveragea at my Amenity Facility without the prior approval of the Amenity Manager.

Except as specifically prohibited be.reiDt alcoholic beverages may be sold, served attd CODsumed on the Amenity Facility premises in  ce	with state and local laws. Alcoholic beverages may only be sold to adults twenty-one (21) years of age or older, and shall not besold for off-pnmises consumption. All alcoholic beverages consomed or possessed on the Amenity Facilities premises must be purchased at the Amenity Facilities. However, the Amenity Manager may make an exception to this ff:Qlrirement in advance for community events such as pot luck dinners, bingo events and private functions held by Patrons who have reserved an Amenity Facility. When such a
community event is held, the Patrons will be allowed to bring in beer or wine for personal use. No outside vmdon or caterers shall be allowed tn serve alcoholic beverages at any Amenity Facility without the prior approval of Om Amenity Manager. The Amenity Manager reserves the right to :refuse service to any Patron or Guest when that person appears to be intoxicated.
Comma:cl.aI advertisements sha1I oot be posted or circulated in the Amenity Facilities. Petitions, posters orpromotional material shall not be originated, solicited, circulated or posted on Amenity Facilities property unless approved in writing by the Amenity Manager.

The Amenity Facilities shall not be used for commercial purposes without written permission from the Amenity Manager and the District Manager. The term"commercial pmposes" shall mean those activities which involve, in any way, the provision of goods or services for compensation.

Amenity usem should not leave anyguests that they are accompanying who haveadverse or debilitating health conditions unattended in any of the Amenity Facilities or District property.
Fuearms or any other weapons are prohibited in the Amenity Facilities during any governmental :meetinge; or functions, including those of the District, and as otherwise prohibited in the Amenity Facilities in accordan with F1orida law.
The Amenity Manager reserves the right to authome all programs and activities, including the number of participant!, equipment and supplies usage, facilityreservations, etc.J at all Amenity Facilities, except usage and rental fees that have been established by

6

the Board. TheAmenity Manager also bas the right to mrthome managemcnt-$,POnsored events and programs to better serve the Patrons. and to reserve any Amenity Facility for said events (if the schedule pamits) and to collect revenue for those services provided. This includes, but is not limited to, various mhletic events, cultural programs and social events, etc. Should the District be entitled to any of these nwenues based on itB established rental or -usage fees, the Am.mrity Manager will be required to compemate the District accordingly.
Loitering (theoffense of standingidlyor prowling in a pl	at &timeor in amanner not
usual for  law-abiding individual1s  under circumstances  that  warrant a  jnstifiable  and
reasonable  alann or immediate concern for the safety of  persons  or property in the
vicinity) is notpermitted at any Amenity Facility.	·

All Patrons sbal1abide by and comply with any and all federal, state and local laws and ordinances while present at or utilizing the Amenity Facilities, and shall ensure that any minor for whom they are responsible also complies withtb.e same.

Thereshall benoovernight pattingin theAmenityFacilitypmkfnglot.

LOSS OR DESTRUCTION OFPROPERTY Oil INSTANCES OF PERSONAL INJURY
Bach Patron and each Guest assumes sole responsi'bility for his or her property. The Oi!ltrict and its <X>litractors shall not be responsible for the loss ot damage to any private property used orstored onor io anyof theAmenity Facilities.

Patrons shall be liable for any property damage and/or personal injury at the Amenity Facilities, or at any activity or function operated.. organized, arranged or sponsored by the District orita contractors, whichis caused by the Patron or the Patron's Guest or family member(s). The District reserves the right -to pursue any and all legal and equitable measures necessary to remedy any losses it suffers due to property damage or personal injury caused bya Patron or the Patron's Ouestor familymember(s).

Any Patron, Guest or other pemm who, in any manner, makes use of  or  BC0epts  the  use of any apparatus, appliance, facility, privilege or service whatsoever owned, leased or operated by the District or its oontractors, or who engages in any co game,. function, exercise, competition or other activityoperated. orpnized, arranged or sponsored by the mstrict, eitbec on or off the Amenity Facilities' premises, shall do so at .his or  bar  own risk, and shall hold the Amenity Facilities' owners, theDistrict, theBoard of Supervisors, District emplo District repm,entatives, District contractors and District agents. harmless from any and all loss, cost, claim, injury. damage or liability sustained or incurred by him or her, n,sulting therefum and/or &om any act of omission of 1he District, or their respective operators; supervisors, employees, representatives,con.tractors or ascmt,s. Any Patron shall havie owe, and  pe:tfo1m the same obligation to the District and1heir respective operator,, supervisors, emplo)'CeS. represcntauves. contractors, and

7

agents  hereunder  with _respect to  any  loss,  cost,  claim,  injury,  damage  or liability sustained or incurred by any Guest orfamilymcmberofsuchPatron.

Should any party bound by these Policies bring suit against the District, the Board of Supervisors or agents or employees of the District, or any Amenity Facility operator or im officers, employees, repmJmtatives, contractors or agents in connection wi1h any event ope:mted, organized, amnged or sponsored by the District or my other claim or matter in connection with any event operated, organized, arranged or sponsored by the District, and fail to obtain judgment therein against theDistrict or the Amenity Facilities' operators, o:ffi ffllployees, representatives, contractors or agents, said party bringing suitshall be liable to the prevailing party(i.e. the District, etc,) for all costs and expenses inmm:ed by it in the defenseof such suit, including court costs and attomeys fees through all appellate proreectinp.

GENERAL LAKE ASHTON AMENITY FACILITY USAGE POLICY
All Patrons and Guests using the Amenity Facilities are expected t.o conduct themselves in a responsible, courteous and safe manner, in compliance with all policies and rules of the J)istrict governing the Amenity Facilities. Violation of the District•s Policies and/or misuse or destruction of Amenity Facility equipmcat mayresult in the suspension or termination of District Amenity FSC11ityprivilegeswith respect t.o theoffimding Patron or Guest.
Houn: The District Amenity Facilities are available for useby Patrons during normal operating
hours to be established and postedby the District and Amenity Manager.

E11tagendu: After contacting 911 (if required), all emergencies and injuries must be reported to the gate attendant service (phone number 863-324,,7290) or Operations Manager or Amenity Managur (phone mnnbe.r 863-324-5457) and to the office of the District Managr:r (phone number 407-841-5524). If immediate attention to the facilities is required and the Amenity Manager is not present, please contact ona of the gate attmdantsemployed by the District
Dlslrid Bfulpmmr. Mty Patron or Ouest utilizing District equipment is respoDB1ble for said equipment. Should the equipment be murned to theDistrict damaged, missing pieces or in worse condition than when it was when usage be&M,t that Patron or Guest will be JeSPOIW"ble to the District for any cost associated with repair or replacement of the equipment.

Akol,olJc Bevat1p Poliq: Bxcept for specific exclusions identified herein,  all  alcobolic beverages consumed at the Clubhouse must be furnished by the Clubhouse restaurant. Alooholic beverages may be sold. served, and consumed on the premises in accordance with state and local laws.
Pletm  no•   t1uzt   the  Amenity   Ful/Jda  "'e  1111---n /adlitl&     Pusona  -,,      the
Amenit;, FIJl:llitia do Yo Id tl,efr own risk. Amenity Mam,ger'y att,J/IIIUl!Mn an ntlt atmt

8

to provide personal tralnlng, exercise co11S11ltdi,11 or atli/ellc in!ltructu,n, unless oth noti!II, to Patroll:' or Guest& Pent>M brteresad in iuing tM AJnt,.nltJ Fodlilia ON encouraged.to cOMlllt witha phyridanprior to eo,,,,,.encing a jltnaaim,g,tan.

GENERAL SWIMMING POQLRULES
NOUFEGUARDONDUTY-SWIMATYOUROWNRISK

All Residents. Non-Resident Members and Renters may be required to pra.,ent their photo ID cards or Guest Passes while in the swimming pool area. AB· Patrons and Guests must also present. their photo ID cards or Guest Pauee when requested by staff. At any given time, a Resident may allow up to four (4) Guests to the swimming pool (unleu a greater number of pestshasbcm approved by the Amenity Manager).

Swin:mring is permitted only during  d etr.d  houn  as  posted  at  the  pool,  and SUDb hours are subject to cb.BQgC at the discretion of Amenity Manager. Pool availability may be limited or romt.ed in order to facilitate maintenance of the facility. Depending upon ll88ge, the pool may be closed for various periods of time to facilitate maintenance and to maintain health code regulations.
Any person swimming during non-posted swimming hours may be suspended from
usingthe facility.

Guests llllder eighteen (18) years of age must be acoompanied at all times by a parent or adult Patron during usageof the pool facility. Patrons and Ou.eats swim at their own risk and must adhere to swimming pool rules at alltimes.
Proper swimattiremust be worn.in thepool.
Children under three (3) years of age, and those who are not reliably toilet trained, must wear rubber lined swim diapers, u well as a swimsuitover the swim diaper, toreduce the health risks associated with human waste in theswimming pool/deck area.
For the comfort of otb.m, the:changing ofdiapers or clothes is not allowed poolside.
Showers are ffllUired before enteriDg the pool Swimming pool hours will be posted. Pool availability may be limited or rotated in Older to mcilitate mabrtenance of the iacility. Depending upon usage, the pool may be closed fbr various periods of time to facilitate maintenance and to maintain health coderegulations.
9	No one shall pollute the poot Anyone who pollutes the pool is liable for any cos1S
incurred in treating and reopening thepool.
tO. Loud, profane, or abusive language is absohitely probtl>ited; no physical or verbal abuse will be tolerated.

9

Diving is proln'bited; no diving, jumping, l)lishing, ronning, throwing any item or other horseplay is allowed in the pool or on thepool deck area.
Pets (except service dop), bicycl skateboards, .roller blades, scooters and golf carts
arenotpermittedonthepool deck area.
Radios, tape players, CD players, MP3 players and televisions me not permitted unless they are personal units equipped with headphones or for scheduled activities suchas aqua fitness classes.

Play equipment, such as floats, rafts, snorkels, flotation devices and other recreational itemsmust meet with staff approval. Radio oontrolled water craft are not allowed at any time in the pool area. The facility reserves the right to discontinue usage of such play equipment duringtimes of peak or scheduled activity at the pool, or if the equipment causes a safetyconcern.
.Poolentrances mlJSt be kept clearat all times.
No swinging on ladders, fences, or raili!lg, is allowed.
.Poolfurniture is not to be removed from thepool area.

Alcohol is always prohibited except when served by the .restaurant. Alcohol not purchased at the Amenity Facilities is prolu"bited poolside. Glass containers ate always prohibited. Notwithstanding the foregoing, tile wet pool deck (the four foot wide unobstructed pool deck area around the outside of the pool water perimeta-)  must remain clear of all food and beverages at all times, regardless of where tAc food or beverage waspurchased, whether m •exceptionwas granted or any oth factor.
No chewing gum is permitted iJJ the poolor Ofithe pool deck area.
Wegal drus,, tobacco products and electronic cigarettes are notpermitted in the pooVspa
area.

The Amenity Manager reserves the risbt to authorize ell programs and activities (including the number of participants, equipment and supplies	etc.) conducted at the pool, including swim lessons and aquatie/reaeational programs.
TheDistrict is not respons11Jle for lost orstolenitems.
Chemicals used in the pooJ/spa may affect "1'tain hair or nsl,ric colors. TheDistrict is
not responst'ble for these effects.

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The  Clubhouse  pool,  spa  and  deck  area  may  not  be  rented  at  any time;  bowcver1 access may be limited at certain times for various District functions, as approved by the Boant

SPAROLES
NO LIFBGUARD ON DU'l'Y-BATHB AT YOUR OWN RISK
t.	All previous safety issues under pool rules apply.
No one less than thirteen (13} years of age allowed in spa.
Maximum capacity. Seven (7) people.
No food or drinks are allowed to be consumed while in the pool/spa.
S.	No smoking of any kind, including electronic cigarettes.

SWIMMING POOL: TBlJNDERSTORM POLICY
The Amenity Manager will control whether swimming is pmnitted in inclement weather, and
the pool filcility maybe closed or opened at their discretion.

FITNESS	TER POLICIES
Eligible UNrs; Patrons and Guest.s eighteen (18) years of age and older are permitted to use the
District Fitness Cc:ntcr during designated operating hours. No Guests under the age of eighteen
(18) are allowed in the District Fitness Center at any time.

Fao4 ad Baeragt: Food is not petmitted within the District Fitness Center. Beverages, however, are pamitted in the District fifness Center' if contained in non- breakable cnntainers with screw top or sealed lids. Alcoholic beverages are not pmnitted. Smokin& including smoking electronic cigarettes, is not permitted in the District Fitness Center.

Appropriate attire and footwear (covering the entire foot) must be wom at all times in the District Fitness Center. Appropriate attire includes t-shirts, tank tops, sborts, and/or athletic wear (no swimsuits).

Each individoal is responsible for wiping off fitness equipment after use using antiseptic
-wipes provided by the District.

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Use of personal trainers is permitted in the District Fitness Carter per approval of
the Amenity Manager.
Hand chalk isnotpermitted to be used in the District Fitness Centa.
RadiQs, tape players, :MP3 players and CD playe,:s are not permitted unless thQY are personal units equipped withheadphones.
No bags, gaar, or jackets me permitted on the floor of the District Fitness Center or on
thefimess equipment
Weights or other fitness equipment maynot ben:moved from the District Fitness Center.
Please limit llSC of cardiovascular equipment to thirty (30) minut.es and step aside between multiple sets on weight equipment if otherpersons arc waiting.
Plea.,e be respectful of othem. Allow other Patrons and Guests to also use equipment,
ecially thecentiovascular equipment
Pleasereplace weiglrts to their proper location after use.
Free weights are not to be dropped and should be- placed only on the floor or on
equipment madespecifically for storageof the weights.
Any fitness program operated, established and run by the Ameoity Manager may have
priorityoverotherusers of the District Fitness Center.

GENERAL FACILID	RESERVATIONPOLICY
Staff willtake reservations in.advancefor the Amenity Facilities{please note that special reservation procedures apply to the Clubhouse Ballroom; sec below for tnore infuanation). Reservations are on a first comey fustserved basis an.d can be made either in person at theClubhouse by fillingout a reservation fotm, viatelephone by calling 863- 324-54S7 orviae-mail.

Staff will not accept -voicemessages left withthe Clubhouse Office as a reservati.011. You m1JSt speak to a staffmember aitheron the phone, in personor by e-mail to confinn your
re.,eivation.

Reservations are available for up to 3 hour increments fur all facilities listed in the resemrtion policy. Longer timeincrements may be approved by the Amenity Manager.

Please call the Clubhouse Office if you cannot make }Our scheduled :reservation so we canre-assign the reservation time slot.

l2

S.	Late attivals or no shows: we will hold your reservation for 15 minutes past )'OU!'
scheduled start timebeforere-assigning the teServation time slot.
There are no personal "standing'' weekly reservations allowed for the mcilities listed in
the reservation policy.
These polices are subject to change at any time pursuant to action by the Board of
Supervisors at a dulynoticed District Board Meeting.

TENNISFACILITY POLICIES
Wilen not mbject to, a reservation, the Tennis Court are available on a Ont come, flnt served basil. It II ffl:Ommended that Patrom desiring to use the tennis courts check with the staff to verify avaflablltty. Use of a tmnts eoart ii Umited to one and a half (1.5) houn when othen an waiu.&, unleu thecourt ts used punvant to a reservation diacuned above. H no one Is waiting, play may continue.

As a courtesy to other pltrons, we ask that all players please recognize and abide by these rules and guidelines. Remember, notonlyis tennis a lifetime sport,. it is also a gameofsportsmanship, proper etiquette and fair play.

Proper tennis etiquette shall be adhered to at all times. The useofprofanity or disruptive behavior is prohibited.
Prol)« tennis shoes and attire, as detennined by the Amenity Manager, arexequired at all
times while onthe oourts. Shirts must bewom atall times.

Tamis courts are fur Patrons and Guests only. Patrons may invite Guests for play, but shall accompany their Guests and register them propa-ly. The limit is three (3) Guests to a sin3le court.
No jumping overnets.
Players must clean up  aftec play. This includes "dead" balls, Styrofuam	p1astic bottles, etc. The goal is to show common courte3Y byleaving the court ready fur play for Patrons who follow >40u.
Court ha7,anis or-damages, such as popped line nails_, need to be reported to the Amenity
Manager for repair.

Persons usingthe tennis facilitymust supplytheirownequipmart(raCBts,balls, etc.).
The tennis fa.cility is for the playof tennis and	sports such as pickleball. Pets,
toiler blades, bikes, skates, skateboards and scootm areprolu'bited at the tennis &cility.

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No permanent boundary marken or lines maybe placed on the tamis courts, other than
the existing tennia lines.

Beverages are permitted at the tennis facility if they arc <:0ntained m non-breakable containers with$tTeW top or sealed lids. No food or glass oontainers are pennitted on the tennis courts.

No chairs, other than those provided by theDistrict, arepermitted on the Tennis Court.
Lights at the tennis facility must be tumedoff aftause.

Guests under the age of eighteen (18) are not allowed to use the tennis mcility tmlesa accompanied by an adult Patron.
The Tennis Court may be reserved  by  the Di.strict  for  District-sponsored events or
:functions.
If you findit necessary to "bump'' otherplayen when it is yourtmn to play:
Never attempt to enter someone else's court before yourreservation time.
Never enter the court or distract pla}'ers while others arc in the middle of a
point or game.
Wait ou1Bide the entrance gate and politely inform the playms that )'OU have a
rcaervation time.
Allow players to finish out one more point, and then begin the player
changeover for thecomt.
If }'OU are bumped from a court and wish to continue play please notify the Clubhouse office staff and thqr will do their best to get you on the next availab]c, court.

BASKETBALL COURT fQ LICIES
Basketball equipment, if available. may be obtained from theShuffleboard storage closet.

Proper basketball etiquette shall be adhered to at all times. The uae of profanity or disruptive behavior is prohibited.
Proper basbtball or athlcti.c shoes and attire are required at all times while on the courts.
.Shirts muat be wom.
The basketball facility is forthe playofbesketball only. Pets, roller blades, bikes, skates,
skateboards and scooters are prohibited from use at thefaci1ity.
Beverages are permitted at the Basketball Court if they are contained in non breakable
containers withscrew top or sealedlids.

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Oaests unda- the ago of eighteen (18) are not allowed to use the Basketbe.11 Court unless aocompaoied by an adult Patron.

Please clean up court after use.

The Basketball Court may be reseived by the District for District-sponsored evenm or
functions.

HORSESHOES POLICIES
Horseshoe equipment, if available, may be obtained from the Shuffleboard storage closet.
Appropriate dress is required on the co-urt.

No tossing of horseshoes while someone is in a pit or in the tbro g lane. Horseshoes tumble when thrown and participants need to safely clear the pit

Guests under the age of eigb.teai (18) years of age may play provided they are supervised by an adult Patron and are physically capable of tossing a shoe to the pit. Supervising adults me responsible for children's safety.
The horseshoe pita may be re.,erved by the District for District-sponsored events or
functions.

SH0FF EJ!OARD ,OL1cm
1.	Shuftleboa:ni equipmmt, if available, may be obtained from tbe Shuffleboard storage
closet.

2.	
Pucks or sticks me not to be tbrown
No penon or pmson(s) should walk onor across the Shuffleboard Court.
S.	Guests under eighteen (18) yems of age ma.y play if supervised by an adult Patron who
understands the rules and regulations of the game.
6.	The Shuffleboard Court may be served by the District for District-sponsored events or
fimctions.

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BOCCE POLICIES
Bocce equipment, if available, maybe checked-out ftom theShuffleboard storagecloset
Appiopriate dress is required on the court.
Bocce balls should not be tossed or thrown outsideof the oourt.

Pla)'CrS on the opposite end of the playing or thrower's end should stand outside of the court walls. Sitting on the walls is pmnissibleprovided one's legs are on theoutside of the walls. Please report any loose boards, protruding nails, ete., to the staff'.

S.		Children under eighteen (18) years of age must be supemsed by an adult Patron who understands therules of thegame.

6.	The bocco courts may be reserved by the District for District-sponsored eventa or
functiODS.

BOWLING POLICIES
The bowling machines are all seIB-sco:ring. If )'OU ore unsure how to operate the machines or need assistance, please contact the Amenity Managa- or staff' fur instructions.
Reservations for the bowling alley(s) can be made through the Amenity Manager's office.
Proper attiremust be wom. Bowling shoesare the onlyacceptable footwear onthe lanes.
No one ia allowed past the foul line or on a bowling lane at any time. If it becomes necessary to	traverse  the	.	all walking shall be done in the gutter(s).
Proper bowling etiquette shall be adhered to at all 1imes. The use of profanity or
disruptive behavior is prohtDited.
No foodor drinkis allowed in the approach area.

If at any time the equipment fails to operate properly oryour ball does not return, pleaae contact theAmenity Mao.ager or staff for assistance.
No one is allowed behind the pin setting machines without Amenities Manager's
permission.

Retum all balls and shoes to rac.b when )'Ullhave finished bowling.

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l 0.	Guests under eighteen (18) years of age mayplay if supervised by an adult Patron who
understands tho rules and regulations of thegame.
11.	The bowling lenes may be reserved by the District for District•sponsored even1s or
functions.

CINEMA POLICIES
Maximumseatingcapacity in the Cinema is SS.

Please conbld:the Amenity Manager or stafffor assistance withequipment

are

Movie selections are made by the Amenity Manag s office based on new releases.
Suggestions from residents	also considered.
Sclieduled movies and show times areposted endsubject to change.

Closed captioning is available for certain movies atcertain show times. Please checJc with theAmmrity Manager orstafffor theschedule.
Please be courteous and aaive on time. Movies are not to begin prior to the scheduled
show time.
Reservations fur theCinema can be made through the Amenity Manager's office.

The Cinema may be reserved by the District fur: District-sponsored meetings, classes,
events or:functions.

.	Guests mider eighteen (18) yearsof age mustbe accompanied by an adult

I0. Please ensure that the Cinema is clean and free from trash and debris following any fimotion. Any Resident or Non-Resident Member who reserves and holds a function in the Cinema.and fails to clean up and return it to the condition in which it was obtained maybe charged a clean-up fee by theAmenity Manager.

11.	Please report any loose seats, lighting issues or other facility needs to the Amenity Manager orstaff.

CRAFJ' BOOM,PLICIES
J.	Reservations for the Craft Room canbe madethrough theAmenity Manager's office.
If at any time the equipment in the Craft Room fails to operate properly, please contact
theAmenity Manager or stafffor assistance.
Please.be courteous of others' projects and donot touch.

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Guests under eighteen (18) years of age may utilize the Craft Room if supervised by
an adult Patron.
Thecraft room maybereserved by the District for District-sponsored events or functions.

CARD ROOM AND GAME ROOM POLICIES

1.		Reservations for the Card/ Game Room can be made through the Amenity Manager office.
Many different card and billiard games are held at regulady scheduJed time.1. Please contact the., Activities Office or www.asbtonliving.net for a list of scheduled activities. When group activities are scheduled, please be courteous of others. Random play is ucceptable when the rooms are not scheduled for group activities.
3.	The Cardi Game room may be reserved by the District fur District-sponsored events or
functions.

FISR1NG POLICY
Patrons may fish from my District owne.d lake/retention pond within the Lake Ashton Community Development District. Please check with the Amenity Manager for rules and regulations pertaining to :fishing and fur proper access points to 1hcse bodies of water. The District has a '"cat.ch and release" policy fur all fish caught in these waters. No watercrafts of anykind are allowed in these bodies of water except for small remote controlled boats intended forrecreational pmposes. Swimming is alsoprohibited in my of the watm.

PAVILION POLICIES
Th.e Pa.villon is furnisbed with tables, chairs, fans, electricity, and grills. If you are unsure how to operatethe grillsor need assistance withany equipment, please contact the amenityManager orstaff for instructions.
Reservations fur thePavilioncanbe madethrough1he AmenityManager's office.
If at any time the equipment at the Pavilion fails t.o operate propedy, please contact the AmenityManager or stafffor assistance.
Guestsunder eighteen (18) yearsof age maynot utilize the grills at thepavilion.
Please	tbat the Pavilion and smrounding area is clean and free from trash and debris following eny function. Any Resident or Non-Reside.at Member who reserves and holds a function at the pavilion and fails to clean up and return it to the condition in which it wasobtained maybe charged a clean•up fee bytheAmenityManager.

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Thepavilion maybereserved by the District for District--s ponson,d events or functions.

LAKE ASHTON RESTAURANT POLICIES
'The Ulke ABbton Clubhouse restaurant is available for use during posted hours of operation. Proper attire must be worn at all times when in tbe restamant or when seated on its patio; shoes and sbirts aren,quired to receive seMli.cc. All Patrons and Guests are also required to adhere to any posted policy regarding the restaurant that bas been approved by the Board of
SUpervisors.

CLUBHOUSE BALLR OOM: RENTAL POLICIES
Residents and Non-Resident Members, as well as members of the gaieral public upon payment of applicable  may reserve the Lake Ashton Ballroom through the Amenity Manager's office fur various meeting1, classes, CMUI etc. for a maximnm of five (S)  hours per CM1Dt.  The five (5) hour limitation can only be exceeded upon specific autbomation from the Amenity Manager. Reservation of the Lake Ashton Ballroom is on a first come, first serve basis and is. subject to approval by the Amenity Manager. Refer to the Rules of the Lake Ashton Community Development District, Chapter ID - "Rental Fee.s For Use of Certain Lake Ashton Facilities" (the "Ruies - Chapter III"), for a complete schedule of rental fees and deposits. A setup/cleanup fee m,zy also be .required fur certain functions. Please contact the Amenity Manager to make the proper ammgements regarding availability and variousother servicefees.
Unless previously approved by the Amenity Manager as provided herein under the "General Facility Provision's\ all food and beverages, including alcohol, consumed in the Lake Ashton Ballroom must be purduured through  the  Lake Ashton Clubh01JSe   t	(with the  caption of cakes needed for special events, such as weddinp, birthdays, etc.}. AlQOholic beverage sales an.d sef'lice are regulated by the State o( Florida. Therefon; it is District policy that no alcohol of any kindis to bebrought into, or taken away from, the facility without the Dis1rict's approval.
Below are the policies and guidelines set forth and agreed upon by the Board and
Amenity Manager wgardfng events.in the LakeAshtonBallroom:

Applicants for rental of the Lake Ashton Ballroom inay bea Rend Non-Resident Member or a member of thegeneral public, but membcm of the generalpublic wishingto rent the Lake Ashton Ballroom or another filcility may be subject to additional rental
charges. Referto theR.ules - Cbapta- mfurmore information.
Applicants  may   rent the Lab	Ashton Ballroom and other designated rental rooms only u certam amenities may not be reserved for privateuse.
Facilities will be reserved ona first-come, first-served basis.

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4,   Applicant  may  reserve  the   Lake  Aahton  Ballroom  for  up    five  (S)  bouts  only; unless they.request and receive prior appioval fromthe AmenityManager.
S.	All applicants will be required to fill out and sign the District Facility Use Application
Agn,cm.ent at the Clubhouse office.
Reaidents, Non-Resident Members and members of the general public are responsible fur
ensuring that their Guests adhere to thepoliciesset forthherein.
The volume of live or reco.rded music must not violate applicable City of Lake Wales
noiseordinances.
No openbumingor campfires areallowed at the facility.
Alcoholic beverage service, if approved, shall.onlybe obtained through a service licensed to serve alooholic beverages. SudJ service will be required to provide to the Amenity Manager a oertificate of insurance, naming the District as an additional insured party. The Amenity Manager may make an exception to this requirement in advance for community events such as pot luck dinners, bingo events and private functions heldby Patrons who have reserved theBallroom. When such a community event is held, the
Pattons will be allowed to bringmbeerorwinefur personaluse.
Patrons ure not allowed to bring or use grills or smokers at the Clubhouse. Upon llPJJIOval by the Amenity Manager, Patrons may hiro an insmed caterer to provide this service and the location of any grill or smoker will be at the discretion of the Amenity Manager. Such catering service will 'be required to provide to the Amenity Manager a certificate ofUlSUJ'IUlCt\ naming theDistrict asan additional insuredparty.
Any Resident or Resident activity which qualifies fur and is granted a fee waiver under the Rules of the LakeAshton Commmiity Development District, Chapter lil, may request that the Amenity Manager grantpmnission tobring outside catering or outside food and
beverage to the Lake Ashton Ballroom for an event compliant with Chapter m The
Amenity Manager shalt havethe sole dia<mion to grant or denysuch a request and may require the signature and submission of a certificate of insu:nmce, a liability waiver or other administrativedocumentation asdeemed appropriate by theDistrict.

Sclledule of Fee,and Deposft!
Refer to the Rules of the Lake Ashton Community Development District, Chapter m- "Rental Fees Por Useof Certain lakeAshton Facilities" (the"Rules-  Chapter Illj1 fora oomplete scheduleof rental fees and deposits.
A non-refundable service fee may be chatged for functions held having more thm 25 pc,oj>le in  attendance in  order to cover the  costs associated with setup1    breakdown and cleanup of the Lake Ashton Ballroom. A final guarantee (number) of guests is to be conveyed to the Amenity Facilities' events planner no later than five (5) da)'B before the dateof the scheduled event In almcnce of a final guarantee, the number indfoated on the

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original agreement will be considared comet. A check shall be made out to 1he District
and submitted to theClubhouse Office..
If required  by the Rules -  Chapter  m,  a  security    t(s) orsecurity fees shall be submitted to the Clubhouse Office in the form of a separate checlc (whiclt shalt be made pa le tothe"Lake Ashton Community Development District").
A staff' charge and/or other speeial chargc(s) or fec(s), if applicable based upon the reasonable discretion of the Amenity Manager, will be added to the base fee in order to cover any additional costs(i.e., kitdlcn staffavailability> etc.}.

lpdmpoiQc;atlon
Each O'-'gm>i2'Jltion, group or individual xeserving the use of an Amenity Facility (or my part
thereat) agrees to indemnify and hold hannless the District, the owners of the Amenity Facility and the owner's <>flicers, agents and employees from any and all liability, cl.aims, actions, suits or demands by any person, coiporation or other entity, for injuries, death, property damage of
any nature, arising out of, or in connection with, the llSe of th District land premises and/or Amenity Facilities, including lltigatio·n or any appellate proceeding with ,espcct thereto. Nothing herein shall constitute or be conslroed as a waiver of the District's sovereign immunity granted pursuant to Section 768.38, FloridaStatutes.
CLUBS ANDOTBEltORGANIZATIONS
Y c.lub, group or organization wanting to utiliu the Amenity Facilities, activities display space, Channel 96n32, Coffee Meetings, Ashtonliving,net, or the LA Times newsletter to promote club or organization acti ties must meet the following criteria:

Clubs must be mprised of a minilnum of at least five active members; all members
mustbe  e	Ashtontesidants.
No club may be fimned, and no activities held within the Amenities Facilities, for
commercial or, ptofit-malc:ingpmposes.
The purpose of each club must be to provide lifestyle enhancing opportunities to Lake Ashton residents and not to effectuate sales of _products o.r services. No one household can profit fromthecmb. Clubs may generate funds through dues andprqceeds from club organized events. If a club chooses to generate funds, a dteck and balance system mustbe in placeas well as a c1ub checking account.
Club membership and clµb activities must be available to all residents. Criteria for club
meml>ersbip should begoveinedby the individual club's by•laws.
Rules applying to the formation and adrnissl"bility of chib may be modified at the discretion of the Lake Ashton Community Development District Board of Supervisors-.
Violations of these policies by any club may result in the loss of that club's privileges
within theAmenity Facilities.

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MRDIA POLICY
Diatrict Media (as defined herein) is provided for the dissemination of factual oomnmoity inibnnation by the District to District residents. The District reserves full editorial righta to select, exclude, modify, add or delete material or portions of material submitted for inclusion in District Media. Any indi group, club or organization that submits Inappropriate Content (as defined herein) for inclusion in District Media shall be in violation this Policy

COMPUTER.AND INTERNET POLICY
The Distriot n,serves the right to revoke the oomputa' and/or intemet privilege., of my user at any
time.
Computer BQd Internet Monitorfng
Computers that are property of 1he District and any contents thereof; including email, are subject to monitoring and access by the District at any time with or without CODBeDt or prior knowledge of the user. The District, as its disa-ecion reserves the right to monitor any use of netwoJ:k resources, to monitor computer and internet usage, including, but not limited to: sites visited, selll'dla conducted, infonnation uploaded or downloaded and to access, retrieve and delete any data stored in, created, received, or sent over the!lfflVOlk or using networlt resoutee5 for mzy reason.

It is strictly prohibited to use a. District campnter to seei, send or store luappropriate Content (as defined herein). Internet browsing on websites with Inappropriate Content is prohibited. UM"S of District computers and internet are not pennitted to stOR; download or transmit copyrighted matmia1s on District computcn or through District internet unless writtm pennission of the District bas been granted. Examples of copyrighted materials include, but are not limited to: commm-cial music_ video, gniphics, or other intellectual property. The District will not provide for defense fut violators of cop)Tigb.t or intellectual property rights. All doubt regarding whether material is copyrigbtc:d, proprietary, or otherwise inappropriate for duplication should be iesolved in favor of not dupliamng such .infuJmation.

Ute of Rental Fadlfties pd Polltigl Groapa
Rental Facilities shall be available to the public and /or to Lake Ashton clubs and individuals, including Political Groups, for rent or reserwtion in acoonlance with the Policies of the District and1helaws of the state of Florida.
All activities must, at all times <:OmPlY with the Chapter 106, Florida Statlltu, and all
applicable laws and regulations.

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The Rental Facilities may not be used for politica1 rallies, parades, protests or other campaign or events involving Political Issues intended ordesigned to incite disruptive or dangerous behavior.
Notwithstanding any of the foregoing, the District reserves the right to deny access to the Rental Facilities to any party, including Political Groups, if such party does not comply with the Policies of the District and thelaws of the state of Florida or presents a danger to health, safety, or welfare of the residents of the District.

DfJtrlct MediaandPolltlcal Groups
It is the intalt of the District to maintain District Media as a non-public forum for the
dissanroation of factual community infmmatlon bythe District to District residents.
	Lake Ashton cJubs, groups or organizations that meet the criteria for a club under the Policies, including Lake Ashton clubs which constitute Political Groups, may submit material for consideration bystaffof the.District for inclusion in District Media. · ·
All information included in District Media shall be limited to factual in.fonnation, shall not advocate passage or defeat of a candidate, party, measure or other Political bime, and &ball not support, endorse or oppose a candidate for nomination or election to a public officeorofficeofpolitical partyorpublicofficer.
The provisions hereunder regarding DistrictMedia ahall not be interpreted to prohibit any publications, postings, mailinga or infonnation produced, endomed or circulated by the Supervisor of Blections, local, state, federal or other govcmmcmt of competent jurisdiction over the District or to such publications, posting.,, mailings or information permitted under local, state orfederallaw.
The District may accept paid political advertising that complies with Chapter 106, Florida Stalutt!S, and all applicable local, stateand federal laws. The advertising mtes for SllCh paid political advertising shall be the same as those rates oharged to other members of the public for paid advertising. It is the solo responm.Dility of1heparty submitting the paid political advertising to msore the advertisemeots compliance with all laws, incJuding, but not limited to, those laws requiring mandatory language and / or a disclaimer within the paid political advertising.

Notwithstanding any of the foregoing, the District reserves full editorial rights to select, exclude, modify, add or delete material submitted for incluaion in District Media, including the right to edit material relating to Political Issues, and the District additionally reserves the right to include a disclaimer in District Media noting that the
Lake Ashton Comm.unity Development District doesnot endoisc or support a particular
candidate, party, measure orissue.

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SUSPENSION ANDTERMINATION OFPRIVILEGES
B ela tm g to the Health. SA.ktv an d Welfare of the f! tr ons a ruf ll !MP! Mi! to Amen,l.h 
Facllitiu:
Notwithstanding anything contained herein, the Amenity Manager may, at any timei restrict c,r suspend any Patron's c,r 0uest•s privileges to use any or all of the Amenity Facilities when such action is necessary to protect the health, safety and welfare of other Patrons and their Guests, or to protect the Amenity Facilities from damage.

Such restriction or suspcmion shall befor a maximum period of thirty(30) da or m1til the date of the next Board of Supervisom mcetin& wlrichever occms first. Such infraction and suspension shall be documented by the Amenity Manager. The Operations Manager., District Manager and Board of Supervisors shall be notified to review this actio11 at the mm Board of Supervisors meeting.
Relating to Dbgict's Amenity FadUtla Po&et:
A Patron's or Guest's privileges  at  any  or  all  Amenity  Facilities  ma.y  be  sul,ject  to various lengths of suspension c,r termination for up to ooe (1) calendar year by the Bomd of Supervisors, and a Patron or Guest may also be required to pay restitution for any property damage, if ahe or she:

Fails to abide by the District's Amenity Facilities Policies established and approved by the Boardof SUpervisors.
Submits mlse information on theapplication for a photo ID card or Guest pass,
Permits uoautb.orized useof a photo ID card or Guest pass.
Exlu.Dits unsatisfactorybehavior, depo.rtrnent or appearance.
S.	Treats the personnel or employees of the Amenity Manager in an unreasonable or abusive manner.
Engages in conduct that is improper or likely to endanger the welfare, safety or
reputation of the District or Amenity Manager's staff.
Damage3or destroys District property.

District Su1penpon and Termjpatlon Proeesl:
In response to any violation of 1he rules, regulations, policies and procedures specified herein, inclodiJlg. but not limited to, those set forth in the preceding paragraph. the District shall follow the process outlined below with tegard to suapcnsion or  termination of a Patron1 s  or  Gue,.,t s privileges:

24

First Offense - Ved,al warning by staffof policy violations; the warning shall be summarized in a brief written report by staff and kept on file in the Clubhouse Office.
	Second Offense - Written warning by staff of continued policy violations sent by certified mail to the Pa1;ron/Guest and kept on·file in the Clubhouse Offico. In addition, the Patron/Guest will be suspended from the Amenity Facilities for 1he remainder of thedayon which the written warning is issued.
Third Offense - Automatic suspcosion of all Amenity Facilities privileges for one
(l) week; a written report will be CtQted, a certified letter will be smt ,to the
Patron/Guest and a copy ofsuchletter kept onfile in the Clubhouse Office.
D, Fourth  Offense -  Autmnstic suspension  from all  Amenity Facilities for  lip  to thirty (30) days or until the date of the _n ext Board of Supervisors Meeting whicmwa occurs first. Atthis timea complete teQOM of all previous documented o:ffenseR will be presented to the Board f.or recommendation of suspension beyond thirty (30) days or poSS1'ble termination of the Patron•stGuests privileges for up to oru, (1) calendar }ear from the Boud's approval of termination of privileges.

25

EXHIBITC LANDLORD'S INVENTORY
[See attached]

34

Lake Ashtonand Nm" i's LaJce AlfredCafe
Am1111dcd - 2018 Restaurant Leue

	Rastaurant Inventory		

Qty	
DESCRIPTION		
SERIAL#	

1	POS System - 40' cat 5 Kitchen CSble			

1	
POS System -HPlPAQ 111 Handheld			

2	
Cash Drawers			

2	
Vlvonet Tennrnala with router		
JN1700351	
			
JN1700349	

3	
Vivonet Receipt Pnnter		
X2NN027392	
			
X2NN027556	
			
X2NN027533	

2	
Vlvonet C&sh Drawers		
GF1702184	
			
GF1702182	

2	
Colander "Aluminum - Round with Handle			

1	
Deep Fryer - lmpertal		
1.1278510	

11	
Espreasa Cups			

17	
Espresso Saucers			

21

-

Flatware holders - round plastic

rac:t

-	
109  sa	Plates Claar wtlh leaf-Rke pattem
-	-
I 24 Teapots • Large

Restaurant Inventory

Qty DESCRIPTION	SER IAL #

38 Votive Candle Holders
1	Ice Maker - Manitowoc 0270	20162649
- 

---

-

AMIFM Receiver - Sony 2..Channel

-

Ber Adaptor - Statntess Steel 12"
I 12	Bar Stools - Laddarback - Model Number Sl3301

addy Tapster

- -

--

1	Beer C	- True
- 
1 r  landar • Bar Maid/Glass Pn> Modal # BLE-110	8110013872

1	BotUe Opener

47 !  Brandy Snifter (Mlso Sizes)

1	CD changer - 5 disc - Sony

Cocktall Shaker - Shaker Only
-
Cocktail Shaker, 3 piece set- stainless steel (Shaker, Strainer top, and jigger cap)

18 Decanter carafe - Libbey Model # 735

306 Flute Glasses - Libbey Glass Model No. 3796

O~•-

41 Flute Glasses - Libbey Glass - 6 ounce

196 Gibraltar Beverage Glass -10 ounce - Libbey Model# 15237
--	
16 I HIBall glasses - Footed

Rutaurant Inventory

---;!  DESCR IPTION	SERIAL#

---

, 	

18 Hiball glasses-Libbey 15236 9 ounce

16  Hurricane glasses - Libbey Item # 4019964

29 Inverness Glasses - Libbey Model# 15481

69 Irish Coffee Mugs
-
49 Liquor Pourar
-
22 Margarita glasses - Libbey - Model # 3429

l
32 Martini glasses - Libbey Glass Model No. 8485

37 Mixing Glass - Libbey Glass Modal # 1639HT
-
3	Overflow Tube - Browne USA Foodservice Model # 40100200

-2	Peerless Wan Mount for 40 Inch LED HDTVs
3	PIisner - 11.5 ounce

3	Pitcher - Glass

12 Pitcher• lea Insert - Polar Ice Hem # 4000-11

2	RCA40 Inch LED HDTVs- Item Number-B81931370463210
--	-
-1	Reach-In Cooler - True 	1-3250751

1 I R•ach-ln Freezer- True
--

1--3156370

28	Rocks Glasses - Libbey 15241 - 7 ounce

Restaurant Inventory
I	SCR-IPTION	SERIAL#
_	6_j_Sccop • 12 ouce Wlnco Model# AS-12
--
-
2	Sccop - 85 ounce Winco Model# As-85 (Patio Ice Machine)

--

13 Shatter glasses • Anchor Hocking Model No. 5280W

-
35 Sports mugs - 25 oz - Libbey Glass Item J-8A

-

-  -	,
1	Strainer

Tuner - Bogen
--	- -
Volume Controls
-
559 Water Glasses - Cardinal Model# 04757

l

1 340 Wine Glasses - Banquet - Teardrop - Libbey Glass Model No. 3965
4 I Beverage Dlspen-- American Matalcraft Model # REVWUICESQ12
-1   1 Heated Banquet Cabinet  - Metro
1	Refrigerator - GE

1	Rolling Table - Advance Tabco

130 8alt and Pepper Shakers - GJass
_,_	
23 Tea/Colli!e Pot· Cen1ral Food • liBm # TP-9-EW

1	1	Machine - Hoshlzakl - (model no. KM-901MAH)	62A0229TJ004

6J	AcousticP nefs -4x2x2 DMD 422
I

Restaurant Inventory

8	DE SCRIPTION	SERIAL#
, Acoustic Panels - 4x4x2 • Color Orange Custom

12 [ Acoustic Panels - 8x4x2

3	Boostar Seats

3

haffer

l

1	C	s (9 large + 4 small mund)
- ,_  	
I	6	Chaffer lnsert8 (Round)
H	CoflaeDecanter - 84 Ounce - Black Handle - Plastic wllh Stainless Steel e...
1	Coffee Decanter - Orange Handle - Stainless S1aal Base

-

1	Flatware Cy1inder Holder-14-3/4"x11-3/4"xB•. 8 holes
3   IHigh Chairs
-
1	Ice Machine (Dispenser) - Comelius 045
-----
3 Menu Covers (black leather)

197 Menu Covers (Black wtth Gold Comers) Menu Solutions Model# SE300DBK 150 !Metal Chairs with Florida Brown Colored Cushions
16 Mirrored TIies

12	OU and Vinegar Bottle
,  
6	Oil and Vinegar Bottle Rack
-	-
30 Sugar Packet Holder - Gessner - Modej # 1925WH
--		 -	

Restaurant Inventory

Qty	- 
DESCRIPTION	
SERIAL#	

27

1

1	
Table - Square Wooden	·-	
	
Table - Rectangle Wooden (6')
-	-
Table - Round Wooden			

4	
Table - 36"x36.		

2	Tabfe - 42• Round		

2	
Table - eon Round		
-23
135	
Tray Jacks		
	--			
				
	Tumbler - Ptastlc - Thunder Group Model# PLPCTB116CL		

8

2	
Wire Food Shelves		
	Knife r Santoku		

50

93	Cnlme Brule Ovals - e.s ounce - Hall China Model# 853		
	-
Creme Brule Rounds		

11	
Crocks		

1
-
63	
Blender - Immersion - Wartng • Item # WSB50	040072002137	
	
Bowl - Fruit - 4.5 oz• Oneida		

1
-	-
1	
Can Good Rack - Large
----
Cart - Black - 3 Shelf	-			
					
			I	

Restaurant Inventory
-   -	-	---	
Qty DESCRIPTION	SERIAL#

1	Carving station Light Adaptor
- 
12	Coffee Cup - 8 ounce white - Tuxton - AMIJ..080
----
57Coffee Cups - 7 oonce white

1 289 Coffee Saucers
2	Colander Aluminum - Cone
--	
2	Colander - Aluminum - Round
-	
1	Compartment Sink (3)-Aero

1	Convection Oven	2592215	

1	
Cooler - Turt>oAlr (2) Door		

29	
Creamer Jugs - 3.5 oz Tuxton China Model No. BWR-035		

2	
Cutting Board 15x20x1/2		

2	
Cutting Board 18x24x1/2 - WHITE		

2	Cutting Board Rack - F'Jts 6		

1	
Deck. Pfzza Oven Hem # EO02136SINGLE	
10126	
	
Deep Fryer • ANETS	
G13HC044582	

1	
Deep Fryer - Alosa	
4008215091000C4	

6	
Deep Fryer Nets		

--	

-

1

--

040

I	--

Rntaurant Inventory

Qty  DESCRIPTION	SERIAL#

40 Dish Rack - 16 compartment Extender ttems # 3850-82
--	- 

--

10 Dish Rack - 16 comparbnent ttem # 3850-60

2	Dish Rack OoUy with Handle • Item # 3850-20
----
1 Oough Cutter
-	--
1	Dough Scrapper
- -- - -

Covers

30 Food
-	
1	Food Processor - Model # WFP11SW
Ir   -	i--	-	
11 Food Serving Basket
I

3	Food Storage Container - Camwear - 22 Quart
-	
656 Forks - Wlnco Model # 0021-05
--
15	Gravy servers

Hand Truck

Hotel Pans -1/3 - 4•

15 Hotel Pans -1/3-Er
-	--
47 Hotel Pans - 1/6 - 4"

15	Hotel Pans .. 1/9 - 2•

15 I  Hotal Pans - 1/9 - 4"

Restaurant Inventory

-

/     Qty l oes	CRIPTION	SERfAL#
......
10	Hotel Pans - Full - 2"

6

- Hotel Pens - Full - 4
Hotel Pans - Full - 6"
-	
Hotel Pans - Half - 2"

-----
13

IHotel Pans - Half - 4"

....
Hotel Pans - Half - 6Q

2	Hotel Pans - Hatf long - 4n
--	- 
1	Hotel Pans - Hatf Long - 6"

1	Hotel Pans - Perforated - Full - 4"
,	

17 Hotel Pans - Perforated - Full - 2"
- 
1.	Hotel Pans - Perforated - Half - 4"

42 Hot.el Pans -1/6 - 8"

± lie

2	Ice Tote

-10" Chef

1	Knife - 12" Slicer

1	Knife Sharpener (electrfc)

601 Knives

I Qty DESCRIPTION
-
194 Large Banquet Plates

Restaurant Inventory

-	-	-	-	-	-	-	- --	-	-	-	-	---.	

SERIALI

1	Mandoline SUc:er
l	Measuring Cup-   Stainlesss  _te_el- _ 4_ q_u_a

rt 	_

_ _ _ _ _ _

I	1	Measuring Cup Set (1/4, 1/3, 112 and 1)
Measuring Spoon Set (1/4, 1/2, 1 t, 1T)

Meatforts

1	1 M_e_ats_u cer	

_

_

_1_1 H_ L_1_1 2_   344  _

l	31  IMixing Bowl (9-  small, 13 - medium, 9 - large)
I 22	Oval Platters - 11-1/8" x 8-518• - Tuxton China Model# AMU-021
58 Oval Platters - 13• x 10-1/8' - Tuxton China Model # AMU-023

115 Pasta Bowls • Large - Tuxton China Model# AMU-064

8	Pasta Bowls - Medium

15 Pasta Bowls - Small

2	Peeler

1	Peppe

-- - -

rMnt

1

Plano Whip - 12• Stainless Steel
-	

Reataurant Inventory
I	Qly iDESCRIP'1KJN	SERIAL#
6	P1e servers

12

Pitcher - Metal
-		- -
14 Pitcher• plastic
--	
19   IPtzza Plates (aluminum)
1  IPlll&llc Salad Bawlo - Large

I

!	Plata-10-5/8-"   Tuxton Clilna Mooel # AMU-007
 	Plala • 12" - 1..-ational Tableware Model # TN-21
195I Plate - 5.s•
-	
144 Plate-6-1/4• -Tuxton China Model #AMU-002
-	
212 Plate-e•

533 Plate - 8-1/8• - TuxtDrl China Model# AMU-004

10 Plate-Rectangle Celery Plate -10-1/2"
-
28 Plate-Rectangle Flatbread Plate -14-1/2"

84	Plsta - 10"

15	Plate -11"

2	Plate Caddy

196 ,Plates - Dinner - 12" Euro White - Item #ALR47

I  fQty

Reltaurant Inventory

EBCRIPTION	SERIAL#

2	Portion Scales

2	Prep Tablas - Advance Tabco

1	Punch bowl • SeasheU
-
1	Punch BOWis

33 Ramekins - Stainless steel - Winco Modal # SCP-25

1	Range (Imperial Brand -6 aye)	9412714	

15	
Rarebits 12 oz Item# WR0-12-EW		

1	
Reach-In Free2Sr - True	
1--4186668	

--

-

-

Refrigerated lable - 2-door - Atosa	MSF8302150826C4022
-
1 RubberSpab.da

1	Salamander (36 inch - Imperial Brand) (Includes mounting channels-$185)

1	Refrigerated tabla -Alosa 3 Dcor	MSF8304150807C4008

1	Sant Safe Table (Dish Washing Area) (item# AST-3072)

1	Serving Tray - 11• diameter
, 	.

1	Servi'lg Tray - 14" diameter

5	Serving Tray· 14• - Non Skid Wlnco Model# TFG- 14K
----
3	Serving Tray - 1s• diameter sllver swlrfs
---

Qty DESCRIPTION
-
3	Serving Trey- 1e• x24-3/4 Ovar (Bon Chef)

20 Serving Tray- Large Oval

9	Sheet Pans - Full - Perforated

73   Sheet Pans - Full

15	Sheet Pans - Half

Restaurant Inventory

-

SERIAL#
--	

13	Sherbet bowls - plastic
--	

2

-

19 Soup Cup (Tuxton Boulnon Cup - Item #ALB..0752
-c-

2	Speed Racks
-
10 Spoon - Serving - 13• Solld

3	Spoon • Serving - 11" Slotted
- 

-

190	Spoons - Dining

15	Spoons - Soup

1	Strainer - Stainless Steel Double Mesh
- 
25 Tongs (10 - small, 9 • medium, 3- large, 3- 8Xlra large)
-     -  -
15 Tongs - small banquet

4	Tumer - Solid
1	Walk-In Cooler - Arctic	53537

Restaurant lnv•ntory

Qty DESCRIP'110N

SERIAL#

1	Walk-In Freezer-Arctic

54623

1	Warming Drawer - Roundup - Item # WD-20-9400100

15087123

1	Wire Mesh Skimmers

3	WireWhips

1	Refrigerator- True (3) Door

1-3389531

1	Freezer - True 2 door

1-45988049

Spar -Mfxer

3	UtiOty Carts

Grill on Wheels (staya on Patio) wl1h cover • MaglCater LP 360

305EC018842

1

20406

1

-4113118 Updated

EXHIBIT D

FORM OFINCOME STATEMENT

[See attached]

35

Lake A3hto.n and Nini's Lake A1ued C11f
Amended- 2018 R.estau.nmt Leuo

 

Ninfa Cafe

Quartw

Restaurant Food Salas Ral1:alnnt Wine Sain Restaurant Beer Sain RNtauranl Uquor Sales

C&temg Food Salas Catar1ng Wine Sales Cateltng Beer Sales catering Liquor Salee, Gift Cerd Salee Gn>68Sales
Food Costs Wine Coat BeerCost UquorColt
Cost of Goods Said

Gross Praffl (loss}

AdYertl■ing and Promodon - Computer and Internet Expense Music and Enlartalrmm'lt
Pest Control
Equipment Rapalrs and MalnlellanQt Ulllltl•
Duea and Sub&cltptk)na
lnlU'llnC8
Legal and Profesalanal Feee Ucenaes and Fees Mlscellanaous
Office Expente Payroll Processing Payroll Tmcea Payn)I Wages Unlfolma
Rent
t<Hdlen Repairs and Ma ce
Supples Telephone Unena
TotalExpellHI

Net Operating Income

_...;;..'i

		
		
·-		
1 -		

		

		
-		

		

		
		
	O	

 	0 

EXHIBIT E

CLEANING SCHEDULE ADDENDUM
[Seeattached]

36

.Lake Ashton 311d Nini's ulcc Alhd Cafe
Amende4 2018Restaun.nt Lease

DEl!IP CLEANING

DEEP CLEANING
Deep Cleaning is restoring the carpet's appearance by extraoting soil a.nd substances that can dam.a.ge your carpet. The Mohawk Group
.recommends hot wat r extraction as the most effective method to give
-restorative deep cleanin_g results. Soll is abrasive a.nd will ca.u.se premature wear of the fibers ii' it is  not properly  removed  and  hot  water  extrEl(ltion is the only melllod that oa.u remove the  soil  a.nil  residue from deep  down in the fibers.

BOT WATER EXTRACTION CLEANING METHOD
Hot Wa.ter extraction, performed with truck-mount, portable, or

self-contained equipment, uses the  hlgb-pressure  force of  water  injected into the  carpet  followed  by powerful  vacuum  suction  to  remove suspended  soil.  The  process  happens  almost 1.nst&ntaneously  and  does not $llow cleaning age-uts to ha.ve a.dequa.te dwell time, Therefore,  the only olea.nlng agent  you should  use in  the  machine's  tank is  p,n  acidic rinse agent to help  return  the pHto neutral,  or  a  de-foamier  to  cut  down on the acou.mUlatton of det.ergent foam in the machine. Instead, use your cleaning agent a,s e. p r e -spr ay,  agitate,  and then  rinse  with  yolll" extractor using plain water .

ROT WATER EXTRACTION PROCESS
Vacuum thoroughly to remove as much dry soil e.s possible
Pre-spray with cleaning agent
Agitate with a counter rotating brush or carpet rake to work the pre-spray throughout the carpet pile a.nd suspend the soil
Rinse with plain wate.r

NOTE: Durb)g extraction, it is essential to extra.ct. as much mols\ure as possible with dry passes (3 to 4 dry passes per each wet pass). Enha.n.ce the drying time by using air movers allowing three to lour bours drying time after the last extraction before tra.fflc is a.llowed on the carpet.

INTERIM CLEANINQ

D'JTERIM CLEANING MEfflODS
Interim oleaning is a cost e!teotive wa.y to keep your carpet attractive e.nd odor free between hot wa.ter/wet e:xtra.ctiona. Mohawk recom­ mends two diffsnnt meth.ods of  interim  cleaning. The absorbent compound clea.Jting method, and the low moisture encapsulation olearung method. Both methods use various chemicals to dissolve and absorb water 1111d oil based soils, holding them until they are removed by vacuuming (dry extraction.)

ABSORBENT COMPOUND CLEANING METHOD
This cleaning method uses an absorbent compound moistened with water and otber cleaning agents. The compound  absorbs the  soil and spots a.s they are brushed into thecarpet, a.nd then removed by vacuuming.

ABSORBENT COMPOUND PROCESS
Vacuunt thoroughly to remove as much dry soil as possible. (Pile lifter will help remove embedded soil)
Apply the absorbent cleaning compound to the carp et. This may include the use of as pre-spray, depending on the type and severity of soiling,
Agitate wtth a counter-rota ting brush machine,  working the absorbent compound throughout the oa.rpet to suspend and absorb the soil.
Vacuum thoroughly to remove the soil a.nd dirty compound.

0
<It

LOW MOISTURE ENCAPS'ULATION CLEANING METHOD
Low moisture en.capsul&tion uses special chemistry formulated to encapsulate the soil and dry  it  into a. crystalline  form, which ls then removed by vacuuming.

LOW MOISTURE ENCAPSULATION PROCESS
1, Vacu-um thoroughly to remove as: muoh dry soil
as possible, (Pile lifter will help remove embedded soil)
2. Apply the encapsulation pr&-spra.y to the Oll,l'pet.
a Agitate the area with a counter-rotating brush machine,
4. Vacuum thoroughly once the carpet is c:b-y,

CARPET CARE 101

ANNUAL INTERIM & DEEP CLEANING FREQUENClES

The table below is provided as a general reference for how often the three different types of traffic areas (Heavy, Medium & Light) should be cleaned during normal situations.

WEEK	CLEANING TYP'.l!J
-	-

.

01	Interim
'

WEEK	CLEANING TYPE

27	lnforim

03	Interim	29		Interim		
04	Interim					
05						
						
06	lnte,·im	I 32 		Interim	-		
						
08	Deep	.	34		Deep		
09		35				
						
10 	l nterim	36		I nt erim 		

12	

Interim	38		
Interim	I		
13	J	 39		

   •		 	

1

I nterirn

14
Deep
Deep

Interim

11

40	Interim
I

42	Deep

Interim

=-	=	=
7 9

Interim

20

-   =	=

 	=  = =	

21 _ _ _ Interim
22	7 

Interim

23
24	Interim

41-	Interim	,,
·----	-	-

49	Interim
so	Deep

25	Deep
26

TRAFFIC CONDITION

Light Commcrci:il Tra ff ic

=5- =1-= = = =- 

= = =

-,..

- -

De'=- e=p ;,	 .

Flontlng & Glue Down Luxury VlnYI 'rile I \	N I L    I\N   E	[ill

When performing wet maintenance, always use proper signage and prohibit traffic untilthe floor is completely dry

Preventative Care
Floor Traffic
Glue Down Installations
Foot traffic 1s allowed 24 hours after installation when using M95.0 Resilient Flooring Adhesive. Restrict heavy traffic, rolling loads. or furniture placement for 72 hoursafter installation.
When using Mohawk MS160 Spray Adhesive, foot traffic may begin one t,our after installation. Restrict heavy tra flic, rolling loads. or furniture placement for 24 hours after installation with MS160 Spray Adhesive.
Additional time may be necessary if the installation is over a non-porous substrate. In thfs condition, allow at least five days following the installation before conducting wet cleaning procedures or initial ma1ntenance.
Floating Installations

For floating installations, foot traffic may begin immediately after installation is complete.

Use 1/4" or thickerplywood to protect the surface when moving heavy objects across1he new floor.

Use walk--0ff mats that are as wide as the doorway and long enough for soil load and weather conditions.
Use rnats with a non-staining backing

Floor protectors should be used on all furniture legs.
The surface area of the floor protectors should be no less than 1'' in diameter.

Lightly damp mop the floor as needed.

For glue down installations. wait 48 hours before wet cleaning and scrubbing new floors.With floating installaiions. cleaning may begin immediately.

Initial Maintenance
Sweep, dust mop or vacuum the floor thoroughly to remove all loose dust, dirt, gritand debris. Note: Vacuum beater bar must be disengaged.
Remove any dried adhesive residue with a clean, white cloth dampened with mineral spirits, carefully following the u$e warnings on the container.
Dampmop the floor with a pH-neutral cleaner.

If necessary, scrub the floor using a rotary machine or auto scrubber with cleaner and the appropriate scrubbing brush (aggressiveness equivalent to a 3M r ed pad).
Never use brown or black pads (too aggressive and can damage the product).

6, Thoroughly rinse the entire floor with fresh. clean water. Remove rinse water and allow the floor to dry completely

[ii]Mohawk Group I Believe in Better"'	ID2017 Mohawk GroupIniohawkgroup.com
Page 2./4

floating a- Glue  Down Luxury  Vinyl Tile   MA I	N

Remove the cleaning solution with a wetdry vacuum or auto scrubber until the floor is dry
Repeat the rinse process if necessary to remove any haze that may be visible.

Ill. Daily/ Regular Maintenance
Sweep, dust mop or vacuum the floor ttioroughly to remove all loose dust, dirt, grit and debris. Note: Vacuum beater bar must be disengaged.
Damp mop the floor with a pH-neutral creaner.

If necessary, scrub the floor using a rotary machine or auto scrubber with a soft to medium scrubbing brush (aggressiveness equlvalent to a 3M red pad).
Thoroughly rinse the entire floor with fresh, clean water. Remove rinse water and allow the floor to dry completely.

IVa, PeriodicMaintenance - No-Polish Method
When needed, machine scrubthe floor with a properly diluted, pH-neutral cleaner and the appropriate scrubbing brush (aggressivenessequivalent to 3M red pad).
Thoroughly rinse the entire floor with fresh, clean water. Remove rinse water and allowthe floor to dry completely.
caution: Resilient flooring, like other types of smooth floors, can become slippery when wet. Allow time for the floor to dry after

cleaning. Immediately wipe up wet areas fromspills or wet feet. Place mats atoutside entrances to prevent wat,er being tracked onto the floor. Improper polishes or finishes can cause the floor to become slippery.

snow or fee from

IVb . Periodic Maintenance - Polish M ethod
NOTE: Polishing is not required but is an optionalandacceptable formof maintenance. The flooring must be thoroughly cleaned prior to beginning any1>0/ishing .
After properly cleaning the flooring as prescribed In the prior sections, scrub the floor using a rotary machine or auto scrubber with a brush (aggressiveness equivalent to 3M red pad),
Thoroughly rinse the entire floor with fresh, clean water. Remove rinse water and allow the floor to dry completely.
Apply 3 to 5 coats of high-quality commercial floor polish. In areas where the flooring Will be exposed to heavy traffic and/or staining agents.
Regular and Periodic Maintenance should be performed as needed, and additional coats of floor polish should be applied. Additional coats should only be applied after scrubbing as described above in Periodic Marntenance.

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IVc . Periodic Maintenance - Spray Buff Maintenance
Follow the procedures listed prior to thoroughly cleaning the floor.

Spray buff using a rotary machine {175 to 600 rpm) with the appropriate pad and spray buff solution,

Regular and Periodic Maintenance should be performed as described above.
NOTE.· Far both Polishir,g method and spray Buffmethod, it rnav beoame necessary to remove polish build-up by srrlpping the floor. The use of high-q1.1ality maintenance producrs and adherence to.e we/I-planned maintenance program w/11greatly reduce the need for stripping. Should stripping become necessary, follow the procedures outlined below.

Restorative Maintenance - Stripping& Polishing
NOTE: The use of aggressive strippers such as mop-on/mop-off, no-scru/)and no-rinse strippers are not recommended an tile floors
less ti/an 2 years old because they may affect the adhesive bond.
Mix strrpping solution to the appropriate dilution. Block off areas to be stripped. Apply solution as recommended by the stripper manufacturer.
Machine scrub the floor (300 rpm or less) with a scrubbing brush (aggressiveness equivalent to 3M blue pad) to break up the polish film. Do not allow stripping solution to dry on the floor.
Remove dirty stripping solution with a wet vacuum or mop. TIP: Drizzling fresh, clean rinse water onto t e dirty stripping solution will assist with a more thorolJgh removal. Thoroughly r1nse the entire floor with fresh, clean water. Remove rinse water and allow thefloor to dry oornpletely,
Based on the selected maintenance opt1on above. do one of the following:

If maintaining with thePolish Option, apply 3 to 5 coats of high-Qu ality commercial floor polish

If maintaining withtheSpray Buff Option. spray buff using a rotary machine (175 to 600 rpm) with the appropriate pad and spray buff solution.

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