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

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Improvements on the Property, but shall retain the right at its sole option, to make any such repairs or additions. (b) Lessee will make no material alterations or additions in or to the Leased Premises without the prior written consent of the Lessor, which consent shall not be unreasonably withheld, delayed, or denied, and shall, among other considerations, be predicated upon Lessee's use of contractors who are acceptable to Lessor and who provide a full payment, completion and performance bond naming Lessor as an insured or beneficiary party. Lessee shall provide to Lessors notice of such alterations and copies of as built plans on completion. All additions, fixtures, or new building, except only furniture, fixtures, or relocated improvements, which shall be readily removable without injury to the Leased Premises, shall be and remain a part of the Leased Premises at the expiration or termination of this Lease. Lessee's obligation hereunder constitutes recognition of the necessity to maintain a uniformity of materials and systems throughout the Property and to insure that the Property remains marketable for residential or park uses. Lessee may utilize its own employees for alterations and repairs. (c) In the event that the Lessees fails and defaults in its obligations under this Paragraph 9, Lessor may, but shall have no obligation to make any repairs, replacements or alterations to the Property or Improvements which Lessor deems necessary to maintain the Property and Improvements in tenantable and marketable condition, and all costs incurred by Lessor in making such repairs, replacements or alterations shall be deemed Additional Rent which Lessee shall pay to Lessor upon demand. 10. INDEMNIFICATION: (a) Lessee further agrees that Lessee will pay all claims of Lessee's contractors, subcontractors, mechanics, laborers, material men, and other items of like character. Lessee shall ensure that all contractors providing services, materials or labor shall post sufficient payment and performance bonds, and shall request that Lessor be named as a beneficiary thereof, as its interest may appear. Lessee shall not waive the requirement for contractors' bonds on any construction or repairs on the Leased Premises, or any improvements thereon. (b) The Lessee herein shall not have any authority to create any liens for labor or material on the Lessor's interest in the Leased Premises and all persons contracting with the Lessee for the destruction or removal of any facilities or other improvements or for the erection, installation, alteration, or repair of any facilities or other improvements on or about the Leased Premises, and all material -suppliers, contractors, mechanics, and laborers are hereby charged with notice (which notice Lessee shall deliver in writing to each such party prior to the commencement of any service by said party) that they must look only to the Lessee and to the Lessee's interests in the Leased Premises to secure the payment of any bill for work done or material furnished at the request or instruction of Lessee. The provisions of this paragraph may be set forth in any Memorandum of this Lease which is recorded with Lessor's consent pursuant to Paragraph 30 hereof. 11. ESTOPPEL STATEMENT: Lessee agrees that from time to time, upon not less than ten (10) days prior request by Lessor, Lessee will deliver to Lessor a statement in writing certifying (a) that this Agreement is unmodified and in full force and effect (or, if there have been modifications, that the Agreement as modified is in full force and effect and stating the modifications); (b) the dates to which the rent and other charges have been paid; (c) to the best of Lessee's knowledge, that Lessor is not in default under any provisions of this Agreement, or, if in 5