Agenda - Council - 12/13/2011 - Laserfiche WebLink

Home

, MAINTENANCE, REPAIRS AND UTILITIES. .1 Repairs,and Maintenance, (a) Except as set forth in Section 7 in the context of a redevelopment of the Property, Tenant agrees to, at its sole cost and expense, operate and maintain the improvements in good condition and repair. Upon the expiration or termination of this Lease, Tenant shall deliver the Property to Landlord with all debris and personal property removed d and in good operating condition and repair, ordinary wear and tear excepted. (b) Landlord may enter and inspect the Property at any time to determine the manner er in which it is being used, maintained and repaired. Landlord shall use commercially reasonable efforts not to interfere with Tenant's operations at the Property. (c) If any maintenance or repairs required to be made by Tenant hereunder are not made within thirty 3 days after Tenant's receipt of written notice from Landlord (or if such repairs cannot reasonably be completed during such period, to the extent Tenant does not commence repair during such thirty (30)-day period and thereafter diligently prosecute such repair to completion), Landlord may, at its option, make such repairs without liability to Tenant for any loss or damage that may result by reason of such repairs (except to the extent such liability or damage arises from Landlord's negligence or intentional misconduct), and Tenant shall pay to Landlord immediately upon demand the cost of such maintenance or repairs together with an amount equal to ten percent 10 thereof or the then current rate Landlord charges other tenants pursuant to its city ordinance. .2 Utilities. Tenant shall be solely responsible for and promptly pay all charges for all utilities (including without limitation gas, electric, fuel, water, sewer, telephone, trash) separately metered on the Property which relate to the Lmprovements. Except to the extent caused by the negligence or intentional misconduct ct of Landlord, its agents or employees, Landlord shall not be liable for any interruption or failure in the supply or availability of any utilities to the Property. . REAL ESTATE 'FAXES. 5.1 Taxes. Tenant shall be responsible for all taxes and assessments and other charges levied against the Property due to Tenant's operations ("Taxes"). "Taxes" shall mean: (i) all real estate taxes and special assessments on the Property (adjusted after protest or litigation, if any) which accrue during the Term of the Lease; (ii) any taxes levied in lieu of any such real estate taxes or special assessments; (iii) all other levies, taxes, assessments, governmental charges, water and sewer rents or charges, and all other charges or burdens of whatsoever kind or nature, foreseen or unforeseen, charged upon the Property; and (iv) ail costs and expenses directly incurred by Landlord in contesting the validity of, seeking a reduction of or seeking to prevent an increase in any such real estate taxes or assessments. Landlord and Tenant agree that all Taxes (unless attributable to improvements requested by Tenant) shall be paid for over the maximum period allowed by law and that only those installments which fall due during the term of this Lease shall be included in the Taxes payable by Tenant. Tenant shall be 3