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Res 2007-159
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Res 2007-159
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Last modified
2/25/2008 2:51:12 PM
Creation date
9/5/2007 4:40:59 PM
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City Clerk - Document
Resolutions
City Clerk - Type
Agreement
Number
2007-159
Date
9/4/2007
Volume Book
173
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<br />PAGE20F4 <br /> <br />Tenant agrees to indemnify Landlord and hold Landlord harmless from and against any loss, liability or <br />damage resulting from or related to the assertion of any liens on account of labor or materials furnished as <br />part of, or In connection with, Tenant's Work. In the event any liens are asserted against the Demised Premises <br />or the Shopping Center on account of any labor or materials furnished as a part of, or in connection with, Tenant's <br />Work, and such liens are not immediately removed from such Demised Premises or the Shopping Center within <br />t1uee (3) days of the date of such assertion, Landlord, at its election, in addition to any of its other rights and <br />remedies under this Lease, may pay all such sums necessary to the obligee asserting such lien and may thereafter <br />charge the Tenant all such sums paid out, together with interest at the highest lawful rate, as additional rent <br />hereunder, to be paid together with the next monthly rental payment to be made under the terms ofthis Lease after <br />the date Landlord notifies Tenant of the obligation to repay such sums. <br /> <br />F, Timing. Tenant sha\1 commence Tenant's Work within five (5) days after the last to occur of (i) the <br />Completion Date or (ii) the date on which Landlord delivers to Tenant the Approved Plans, and Tenant shall <br />diligently pursue completion of Tenant's Work; provided, however, Tenant shall complete Tenant's Work no later <br />than the 45 days after the Completion Date (as defined in this Lease). In the event Tenant's Work is not completed <br />on or before 45 days after the Completion Date, then Landlord, in addition to any of its other rights and remedies <br />under this Lease, shall have the options of (i) deeming Tenant's Work complete on such date, or (ii) completing <br />Tenant's Work at Tenant's sole cost and expense or (iii) removing the completed portion of Tenant's Work and <br />renovating the Demised Premises to a condition suitable for reletting in accordance with Landlord's rights under the <br />terms ofthis Lease, all at Tenant's sole cost and expense. <br /> <br />G. Permits. The obtaining of all governmental permits required in connection with Tenant's Work shall be <br />the obligation of Tenant and deemed part of Tenant's Work, including but not limited to any required building <br />permit, certificate of occupancy, and certificate of compliance. <br /> <br />H. Additional Fees, All architectural, engineering, construction or other fecs incurred by Landlord relating <br />to Tenant's Work or changes in the Shopping Center necessitated by Tenant's Work shall be paid by Tenant upon <br />demand by Landlord. At Landlord's option, Tenant shall pay such charges in advance, on demand <br /> <br />I. \Varranties. Tenant shall cause each contractor and subcontractor doing Tenant's Work to guarantee and <br />warrant, in writing, that the work done by it shall be free from any defects in workmanship and materials for a period <br />of not less than one year from the date of its completion and acceptance by Landlord thereof. All such warranties or <br />guarantees with respect to Tenant's Work shall be contained in the applicable construction contracts or subcontracts <br />and shall provide that such guarantees or warranties shall inure to the benefit of both Landlord and Tenant, and may <br />be enforced by either of them. Tenant shall provide Landlord with such contracts or other evidence of guarantees or <br />warranties, as Landlord may desire from time to time. Tenant covenants to give Landlord any assignment or other <br />assurance necessary to affect such right of direct enforcement. <br /> <br />J. Removal of Trash. Tenant shall cause each contractor and subcontractor performing Tenant's Work to <br />remove all trash, debris and rubbish from the Demised Premises at least twice a week, and shall provide that no <br />trash, debris or rubbish is visible to the patrons of the Shopping Center If at any time any such trash, debris or <br />rubbish is not removed as required hereby, Landlord may remove same at Tenant's expense, and Tenant shall <br />reimburse Landlord for such expense upon demand by Landlord. <br /> <br />K. Review of Tenant's Work. Tenant shall immediately notify Landlord or Landlord's Agent of the <br />completion of Tenant's Work, and Landlord or Landlord's Agent shall inspect Tenant's Work to dctermine if it <br />confirms with the Approved Plans. If any part of Tenant's Work fails to comply with the Approved Plans, Tenant <br />shall promptly repair or replace same. If Tenant fails to do 50, Landlord shall have the right to repair orreplace same <br />at Tenant's expense, and Tenant shall reimburse Landlord for such expense upon demand by Landlord. Tenant's <br />Work shall not be deemed complete until Landlord or Landlord's Agent has inspected it and approved its conformity <br />with the Approved Plans; and Landlord or Landlord's Agent agrees to make such inspection promptly Any approval <br />or consent by Landlord shall in no way obl1gate Landlord in any manner whatsoever in respect to the finished <br />product design and/or construction by Tenant. Any deficiency in design or construction, allhough same had prior <br />approval by Landlord, shall be solely the responsibility of Tenant. Any deficiency or defecl in the design or <br />construction of the Tenant's Work shall not be waived by Landlord's inspection of Tenant's Work whether or not <br />such deficiency or defect in the deSIgn or construction is objected to by Landlord. <br /> <br />~ <br />
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