Agenda - Council - 04/26/2011 - Laserfiche WebLink

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begin on date of possession. If for any reason, Landlord cannot deliver possession of the Leased Property to Tenant by the Commencement Date, in no event shall landlord be subject to any liability for a delay in delivery and such failure shall not affect the validity of this Lease or the obligations of tenant under, and Tenant's remedies for such delay shall be limited to termination of this Lease in the event that Landlord fails to deliver the Leased Property to Tenant within 30 days of the Commencement Date. 10. SECURITY AND DAMAGE DEPOSIT: Tenant contemporaneously with the execution of this Lease, has deposited with Landlord the sum of Three Thousand and 00 /100 Dollars ($3,000.00), receipt of which is hereby acknowledged by Landlord, which deposit is to be held by Landlord, with interest payable to Tenant accruing at the rate of two per cent (2 %) per annum, as a security and damage deposit for the faithful performance by Tenant during the term hereof or any extension hereof. Prior to the time when Tenant shall be entitled to the return of this security deposit, Landlord may commingle such deposit with Landlord's own funds and to sue such security deposit for such purpose as Landlord may determine. In the event of the failure of Tenant to keep and perform any of the terms, covenants and conditions of this Lease to be kept and performed by Tenant during the term hereof or any extension hereof, then Landlord, either with or without terminating this Lease may (but shall not be required to) apply such portion of said deposit as may be necessary to compensate or repay Landlord for all losses or damages sustained or to be sustained by Landlord due to such breach on the part of Tenant, including, but not limited to overdue and unpaid rent, any other sum payable by Tenant to Landlord pursuant to the provisions of this Lease, damages or deficiencies in the reletting of the Leased Property, and reasonable attorney's fees incurred by Landlord. Should the entire deposit or any portion thereof, be appropriated and applied by Landlord, in accordance with the provisions of this paragraph, Tenant upon written demand by landlord, shall remit forthwith to Landlord a sufficient amount of cash to restore said security deposit to the original sum deposited, and tenant's failure to do so within five (5) days after receipt of such demand shall constitute a breach of this Lease. Said security deposit shall be returned to Tenant, less any depletion thereof as the result of the provisions of this paragraph, at the term of this Lease or any renewal thereof, or upon the earlier termination of this Lease. Tenant shall have no right to anticipate return of said deposit by withholding any amount required to be paid pursuant to the provision of this Lease or otherwise. 11. USE: The Leased Property shall be used and occupied by Tenant solely for the purposes of sale and storage of golf carts and related equipment and such use by Tenant shall at all times be in full compliance with all applicable laws, ordinances and governmental regulations affecting the and Leased Property. The use shall include outside parking of customer and employee vehicles. Parking of vehicles and equipment shall be permitted only on hard surfaced areas on the Lease Property. The Leased Property shall not be used in such manner that, in accordance with any requirement of law or of any public authority, Landlord shall be obligated on account of the purpose or manner of said use to make any addition or alteration to or in the Leased Property. The Leased Property shall not be used in any manner which will increase the rates required to be paid for public liability or for fire and extended coverage insurance covering the Leased Property. Tenant shall occupy the Leased Property, conduct its business and control its agents, 5