Agenda - Council - 05/22/2018 - Laserfiche WebLink

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8. Real Estate Taxes and Special Assessments. Landlord is responsible for the payment of all real estate taxes and special assessments pertaining to the Premises during the Lease Term. Tenant is responsible to pay the City's quarterly Stormwater Management Fee. 9. Repair and Maintenance. Except as otherwise provided herein, Tenant shall keep in good order and repair the entire Premises, at its sole cost, ordinary wear and tear excepted. Tenant shall keep the abutting parking areas free of ice and snow. Tenant accepts the Premises AS IS as of the date of commencement of this Agreement. Tenant may, but is not obligated to, maintain and repair the roof, building foundation and parking lot. Tenant acknowledges that the indoor and outdoor areas are leased to Tenant AS IS and Landlord is not obligated to repair those portions of the Premises absent a separate, mutual, written agreement with Tenant. Notwithstanding any other term of this Agreement, if the roof or building foundation fails so as to render the Premises substantially unusable, Tenant may terminate this Agreement. If Tenant fails, refuses or neglects to maintain or repair the Premises as required in this Lease after written notice is given to the Tenant by Landlord, Landlord may make such repairs without liability to Tenant for any loss or damage that may accrue to Tenant's merchandise, fixtures or other property or to Tenant's business by reason thereof, and upon completion thereof, Tenant shall pay to Landlord all costs plus 15% overhead incurred by Landlord in making such repairs upon presentation to Tenant of the bill therefore. 10. Tenant's Improvements, Alterations and Remodeling. Tenant shall be permitted to perform improvements, alterations or remodeling on or to the Premises consistent with its intended use thereof; provided however, that such improvements shall be done at the sole expense of Tenant and provided that any single improvement reasonably expected to exceed $2,500.00 in cost may be done only with Landlord's prior written consent. Notwithstanding the above, Tenant shall not make any alterations to the structure, plumbing, electrical, or HVAC systems of the Indoor Storage Area (Area E) without the prior written consent of Landlord. 11. Assignment or Subletting. Tenant may not assign, transfer, mortgage or encumber this Lease, and may not sublet, rent or permit occupancy or use of the Premises, or any part thereof, by any third party without Landlord's written consent; no assignment or transfer of this Lease shall be effectuated voluntarily, by operation of law, or otherwise. Any of the foregoing will hereinafter be referred to as an "Assignment" for purposes of this Lease. Tenant is solely responsible for any acts or omissions of any sublessee that violate the terms of this Lease Agreement, and any enforcement of the Lease Agreement by Landlord shall be brought against Tenant. 12. Destruction of Premises. If the Premises are totally destroyed (or so substantially damaged as to be wholly untenable) by storm, fire, earthquake or other casualty, this Lease shall terminate as of the date of such destruction or damage, and Rent shall be accounted for between Landlord and Tenant as of that date. If the Premises are damaged but not rendered wholly untenable and the damage can be fully repaired within 90 days from the date of the damage, Rent shall abate in proportion as the Premises have been damaged, and Landlord shall restore within said 90-day time limit, whereupon payment of full Rent shall re -commence. 4