Agenda Packets - 2010/11/08 - Laserfiche WebLink

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374126 SJR MU210-5 4 ARTICLE III Termination and Renewal Section 3.01. Termination of Lease Term; Renewals. (a) The Term of this Lease will terminate upon the earliest of: (i) the date on which either party terminates this Lease pursuant to Section 5 or as otherwise provided in this Lease; or (ii) as set forth in this Section. (b) If this Lease is not otherwise terminated pursuant to Section 3.01(a) or extended pursuant to Section 3.01(c), it shall terminate as of December 31, 2012. (c) This Lease shall automatically renew for one year periods beginning January 1, 2013, unless either the City or the Lessee shall provide 90 days notice to the other party of its intend to terminate the Lease. Absent such termination notice of the Lease, the Lease Term shall continue for a one year period subject to the Lease rent and adjustment set forth in Section 2.02. Section 3.02. Surrender of Site. Upon termination of the Term of this Lease, the Lessee shall surrender the Site to the City in the condition in which it was originally received from the City, except as repaired, rebuilt, restored, altered, or added to as permitted or required hereby, ordinary wear and tear excepted. The Lessee shall have the right to remove from the Site, at or prior to such termination or possession, all personal property located therein which was financed with moneys provided by the Lessee (unless such removal would result in any claim or lien against the City and the Site) and which is not otherwise owned by the City, but the Lessee shall repair any damages caused by such removal. ARTICLE IV Use of Site; Additional Covenants Section 4.01. Use. The City and the Lessee hereby acknowledge that the Site may be used for storage of materials and equipment of the Lessee only as permitted by the City’s zoning ordinance and other land use regulations of general application and this Lease. The Lessee shall not modify the surface area of the Site nor make any excavations at the Site without first obtaining the express written permission of the City. The City represents and warrants that during the Term of this Lease, the City shall take no action to rezone the Site which would prohibit Lessee’s current use of the same. Section 4.02. Quiet Enjoyment. The City covenants that upon the Lessee’s paying the rent reserved herein, and performing all conditions and covenants set forth in this Lease, the Lessee shall and may peaceably have, hold, and enjoy the Site for the term of this Lease. The Lessee covenants that upon expiration of this Lease, it shall give the City peaceable possession of the Site. Section 4.03. Assignment and Subletting. The Lessee shall have no right to assign its interest in this Lease, without Lessor’s written prior consent, which shall not be unreasonably withheld, conditioned or delayed.