Res 2017-167/approving a Lease-Purchase Agreement with the Trust for Public Land providing for the City to lease with an option to purchase approximately 102 acres of land west of the City off of Derby Court, which agreement provides for payment by the C

Home Browse Search

(e) Lessee shall, to the extent allowed by law, indemnify, defend, and hold harmless Lessor against any loss, expense, cost, or damages as a result of any pollution or hazardous substance event, escape, or deposit, including losses incurred as a result of the escape of pollutants or hazardous substances caused by the Lessee, its agents or invitees_from the Property onto the property of others. Such indemnification shall survive the term of this lease. 7. GOVERNMENTAL REQUIREMENTS: (a) Lessee shall faithfully observe in the use of the Property all municipal and county ordinances and codes and state and federal statutes now in force or which may hereafter be in force. (b) Lessee acknowledges that it has made all inspections of the Property as it deems necessary, and accepts the Property in "as is" condition. In the event that Lessee shall construct or relocate any Improvements on the Property, Lessee, at its expense, shall construct or relocate such Improvements and make all changes and additions to such Improvements as may be required to comply with all applicable laws, rules, and insurance regulations as modified or amended from time to time during the Lease Term. In the event Lessee defaults and fails to make such changes and additions to the Improvements so as to comply with applicable laws, rules, and insurance regulations, Lessor, at its option may, but shall not be required to, make the required changes and additions. All costs incurred by Lessor to provide such changes or additions are hereby deemed additional rent, and are due and payable by Lessee on demand. (i) Lessor will provide to Lessee at least 14 days prior to Lessee's Base Rent payment on the Commencement Date a Boundary Survey of the Property and which will be certified to Lessee and a copy of Lessor's Title Insurance Commitment (the "Commitment"). Lessee hereby agrees to take possession of the Property on the Commencement Date subject to all matters shown on the survey, including survey defects, encroachments, easements visible on the ground which may be revealed by the survey, and all matters which would be visible upon a physical inspection of the premises, and those matters specified in Schedule B-2 of the Commitment. 8. SERVICES: (a) Lessor shall provide no services to Lessee or to the Property during the Term of this Agreement. Lessee agrees that it shall provide all necessary services to the Property, which Lessee's uses shall require, including electricity, potable water, sewage treatment and disposal, garbage removal, and security services as needed, at Lessee's sole expense, and Lessee agrees to provide all such services continuously during the Lease Term. (b) In the event Lessee defaults in the provision of the above described services, Lessor, at its option, may, but is not required to provide any such services. All costs incurred by Lessor to provide such services are hereby deemed Additional Rent and are due and payable by Lessee upon demand. 9. REPAIR OF LEASED PREMISES/ALTERATION TO IMPROVEMENTS: (a) Lessee shall, at Lessee's sole expense, maintain the Property and all Improvements on the Leased Premises in good repair and working condition during the Lease Term. During the Lease Term, Lessor shall have no obligation to maintain, repair or replace any components of any 11