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Res 1994-116
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Res 1994-116
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6/29/2007 11:26:38 AM
Creation date
6/29/2007 11:26:38 AM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Agreement
Number
1994-116
Date
7/25/1994
Volume Book
116
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<br /> S3L- <br /> -4- <br /> 10. Fees. Lessor waives all building, impact and other fees it may lawfully <br /> collect from Lessee as to improvements on the Premises. <br /> 11. Casualty Insurance, Rebuildinq and Repair of Damaqe to Structure. Lessee <br /> agrees to keep and maintain in effect, fire insurance with extended coverage, in a sum <br /> not less than the replacement value of all improvements on the Premises, with a <br /> company or companies licensed to do insurance business in Texas. Lessor shall be <br /> named as an additional insured on this policy or policies. Copies of this policy or policies <br /> shall be provided to Lessor within 30 days from the date Lessee takes possession of the <br /> Premises, and annually thereafter. In the event the Premises, a major portion thereof or <br /> any structures or improvements located on the Premises is damaged or destroyed by <br /> casualty, fire or otherwise, to an extent which renders the Premises unfit for Lessee's <br /> purposes, as Lessee may determine, Lessee may rebuild or repair such damaged or <br /> destroyed porti~ns. In the event Lessee elects not to proceed with the repair of any <br /> damages from a casualty event occurring during the first 10 years of this Lease, all <br /> insurance proceeds shall be payable to the Lessee. In the event Lessee makes such an <br /> election as to damages from a casualty event occurring during the remainder of this <br /> Lease, all insurance proceeds shall be payable to the Lessor. If Lessee fails to proceed <br /> with such repair for a period of 90 days after the receipt of insurance proceeds then <br /> either party may cancel and terminate this Lease and all insurance proceeds shall be paid <br /> to Lessor. If Lessor elects to terminate this Lease under this paragraph, Lessor shall give <br /> Lessee 10 days written notice of intent to so terminate. If Lessee fails and refuses to <br /> acquire and maintain such insurance or fails and refuses to begin such repair within ten <br /> (10) days of receipt of the notice, Lessor may terminate this Lease. <br /> 12. Sidewalks. Parkinq Areas. Yards and Landscaped Areas. Lessee shall keep <br /> all sidewalks and parking areas on the Premises in good condition and repair and shall <br /> provide the necessary maintenance to the yard and keep all landscaped areas in a sightly <br /> condition. <br /> 13. Plans and Specifications. Lessor shall have approval authority over any and <br /> all plans, specifications and/or designs for any structure or improvement to be placed on <br /> the Premises. Lessee shall cause any construction on the Premises to be prosecuted <br /> with diligence and shall cause all required building permits for the construction to be <br /> obtained. <br /> 14. Quiet Possession. Lessor shall warrant and defend Lessee in the <br /> enjoyment and peaceful possession of the Premises. <br /> 15. Indemnity. Lessee does hereby covenant and agree to defend, indemnify <br /> and hold harmless Lessor, its officers, agents and employees, from all damages, claims, <br /> losses, demands, suits, judgments and costs including reasonable attorney's fees and <br /> expenses arising out of the use of the Premises by Lessee, its officers, agents or <br /> employees or anyone for whose acts Lessee may be liable. <br />
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