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Res 1995-035
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Res 1995-035
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Last modified
6/18/2007 4:26:16 PM
Creation date
6/18/2007 4:13:50 PM
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City Clerk - Document
Resolutions
City Clerk - Type
Agreement
Number
1995-35
Date
2/13/1995
Volume Book
117
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<br />¡q/ß <br />and restore the leased premises to substantially the same <br />condition as immediately prior to the occurrence of the <br />casualty. Such repairs shall be made at Landlord's expense. <br />Landlord shall allow Tenant a fair reduction of rent during <br />the time the leased premises are partially unfit for <br />occupancy. If the leased premises is totally destroyed or <br />deemed by the Landlord to be rendered wholly unfit for <br />occupancy by fire or other casualty, or if Landlord shall <br />decide not to repair or rebuild, this lease shall terminate <br />and the rent shall be paid to the time of such casualty. <br /> <br />12. TENANT DEFAULT. If tenant defaults in the performance of any <br />obligations or covenants herein, Landlord may enforce the <br />performance of this lease in any manner provided by Law. <br />This lease may be terminated at Landlord's discretion if stich <br />defaul t continues for a period of 10 days after Landlord <br />notifies Tenant of such default and of Landlord's intention <br />to declare this lease terminated. Such notice shall be sent <br />by Landlord to the Tenant at the leased premises by mail or <br />otherwise. If Tenant 'has not completely removed or cured <br />default within the 10 day period, this lease shall <br />terminate. Thereafter, Landlord or its agents shall have the <br />right, without further notice or demand, to enter the leased <br />premises and remove all persons and property without being <br />deemed guilty of trespass and without waiving any other <br />remedies for arrears of rent or breach of covenant. <br /> <br />13. LIEN. Landlord ls granted an express contractual lien, in <br />addition to any lien provided by law, and a security interest <br />in all property of Tenant found on the leased premises to <br />secure the compliance by Tenant with all terms of this <br />lease. In the event of default, Landlord or his agents may <br />peaceably enter the leased premises and remove all property <br />and dispose of same as Landlord shall see fit. <br /> <br />14. INDEMNITY. Landlord and its employees and agents shall not <br />be liable to Tenant or Tenant's employees, patrons, visitors, <br />invitees, or any other persons for any injury to any such <br />persons or for any damage to personal property caused by an <br />act, omission, or neglect of Tenant or Tenant's agents or of <br />any other Tenant of the premises of ~hich the leased premises <br />is a part. Tenant agrees to indemnify and hold Landlord and <br />its employees and agents harmless from any and all claims for <br />such injury and damage, whether the injury occurs on or off <br />the leased premises. <br /> <br />15. SIGNS. Tenant shall not post or paint any signs at, on, or <br />about the leased premise or paint the exterior walls of the <br />building except with the prior written consent of .the <br />Landlord. Landlord shall have the right to remove any sign <br />or signs in order to maintain the leased premises or to make <br />repairs or alterations thereto. <br /> <br />16. TENANT BANKRUPTCY. If Tenant becomes bankrupt or makes a <br />voluntary assignment for the benefit of creditors or if a <br />receiver is appointed for Tenant, Landlord may terminate this <br />lease by giving five (5) days written notice to Tenant of <br />Landlord's intentions to do so. <br /> <br />17. CONDEMNATION. If the whole or any substantial part of the <br />leased premises is taken for any public or quasi-public use <br />under any governmental law, ordinance or regulation or by <br />right of eminent domain or should the leased premises be sold <br />to a condemning authority under threat of condemnation, this <br />lease shall terminate and the rent shall be abated during the <br />unexpired portion of the lease effective from the date of the <br />physical taking of the leased premises. <br /> <br />18. NOTICE. Notices to Tenant shall be by mail or other delivery <br />to the leased premises. Notices to Landlord shall be by mail <br />to the place where rent is payable. <br /> <br />19. DEFAULT BY LANDLORD. In the event of breach by Landlord of <br />any covenant, warranty, term or obligation of this lease, <br />then Landlord's failure to cure same within 30 days after <br />written notice thereof by Tenant shall be considered a <br />-3- <br />
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