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Res 2018-231/approving a 20 year lease with the Village of San Marcos for a Women, Infants and Children (“WIC”) Program office at 215 Reimer Avenue
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Res 2018-231/approving a 20 year lease with the Village of San Marcos for a Women, Infants and Children (“WIC”) Program office at 215 Reimer Avenue
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12/27/2018 1:08:30 PM
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12/20/2018 11:36:47 AM
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City Clerk - Document
Resolutions
City Clerk - Type
Lease
Number
2018-231
Date
12/12/2018
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Landlord and Tenant agree to the following: <br />DZ Alterations. Any physical additions or improvements to the Premises made by <br />Tenant will become the property of Landlord. Landlord may require that Tenant, at the end of the <br />Term and at Tenant's expense, remove any physical additions and improvements, repair any <br />alterations, and restore the Premises to the condition existing at the Commencement Date, normal <br />wear excepted. <br />D2 Abatement. Tenant's covenant to pay Rent and Landlord's covenants are <br />independent. Except as otherwise provided, Tenant will not be entitled to abate Rent for any <br />reason. <br />D.3. ,Insurance. Tenant and Landlord will maintain the respective insurance coverages <br />described in the attached Insurance Addendum. <br />LQ Release of Claims/Subrogation. LANDLORD AND TENANT RELEASE EACH <br />OTHER AND LIENHOLDER, AND THEIR RESPECTIVE AGENTS, FROM ALL CLAIMS <br />OR LIABILITIES FOR DAMAGE TO THE PREMISES OR BUILDING, DAMAGE TO OR <br />LOSS OF PERSONAL PROPERTY WITHIN THE BUILDING, AND LOSS OF BUSINESS OR <br />REVENUES THAT ARE COVERED BY THE RELEASING PARTY'S PROPERTY <br />INSURANCE OR THAT WOULD HAVE BEEN COVERED BY THE REQUIRED <br />INSURANCE IF THE PARTY FAILS TO MAINTAIN THE PROPERTY COVERAGES <br />REQUIRED BY THIS LEASE. THE PARTY INCURRING THE DAMAGE OR LOSS WILL <br />BE RESPONSIBLE FOR ANY DEDUCTIBLE OR SELF-INSURED RETENTION UNDER ITS <br />PROPERTY INSURANCE. LANDLORD AND TENANT WILL NOTIFY THE ISSUING <br />PROPERTY INSURANCE COMPANIES OF THE RELEASE SET FORTH IN THIS <br />PARAGRAPH AND WILL HAVE THE PROPERTY INSURANCE POLICIES ENDORSED, IF <br />NECESSARY, TO PREVENT INVALIDATION OF COVERAGE. THIS RELEASE WILL NOT <br />APPLY IF IT INVALIDATES THE PROPERTY INSURANCE COVERAGE OF THE <br />RELEASING PARTY. THE RELEASE IN THIS PARAGRAPH WILL APPLY EVEN IF <br />THE DAMAGE OR LOSS IS CAUSED IN WHOLE OR IN PART BY THE ORDINARY <br />NEGLIGENCE OR STRICT LIABILITY OF THE RELEASED PARTY OR ITS AGENTS <br />BUT WILL NOT APPLY TO THE EXTENT THE DAMAGE OR LOSS IS CAUSER BY <br />THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF THE RELEASED <br />PARTY OR ITS AGENTS. <br />D.S. Casualty/Total or Partial Destruction <br />D.S.a If the Premises are damaged by casualty and can be restored within ninety days, <br />Landlord will, at its expense, restore the roof, foundation, Common Areas, and structural <br />soundness of the exterior walls of the Premises and any leasehold improvements within the <br />Premises that are not within Tenant's Rebuilding Obligations to substantially the same condition <br />that existed before the casualty and Tenant will, at its expense, be responsible for replacing any of <br />its damaged furniture, fixtures, and personal property and performing Tenant's Rebuilding <br />Obligations. If Landlord fails to complete the portion of the restoration for which Landlord is <br />-6- <br />
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