|
MAR 16 '95 11:45 HOLMES & GRAVEN P.5
<br /> •
<br /> such insurance is in full force and effect and may not be cancelled Without this<:
<br /> days prior written notification to the City.
<br /> Section 13. Liens. Association will: (a) duly and punctually pay for all lab .4x
<br /> performed and materials furnished in connection with the construction and repair,
<br /> renovation or replacement of the improvements or any portion thereof; (b) keep t
<br /> Property and every improvement thereon free and clear from. all liens for laboh
<br /> performed and materials furnished; provided, however, that Association shall not
<br /> be required to pay any claim for labor performed or materials furnished so long as
<br /> Association shall contest, in good faith, the existence, amount or the validity thereof
<br /> by appropriate proceedings, which shall operate during the pendency to prevent
<br /> breach of this section; (c) defend or satisfy, at its own cost and expense, each and
<br /> every lien asserted or filed against the Property or any improvement thereon.
<br /> Association shall indemnify and save the City harmless from all and every claim,
<br /> demand, action or cause of action (including fees of attorneys) associated with or
<br /> arising out of the said items (a) through (c) of this section.
<br /> Section 14. Compliance With Laws. Association shall not use or occupy the
<br /> Property and improvements or knowingly permit the Property and improvements to
<br /> be used or occupied contrary to any statute, rule, order, ordinance, requirement
<br /> or regulation applicable thereto or in any manner which would violate any certificate
<br /> of occupancy affecting the same, or which would cause structural injury to the
<br /> improvements or cause the value or usefulness of the improvements and Property or
<br /> any part thereof to substantirlly diminish (reasonable wear and tear excepted) or
<br /> • which would constitute a public or private nuisance or waste. Association shall
<br /> promptly upon discovery of any such use take all necessary steps to compel the
<br /> discontinuance of such use. Association, at its sole expense, shall promptly and in
<br /> a good workmanlike manner complete all work related to the improvements and shall
<br /> promptly comply with all laws, ordinances and requirements or federal, state, county
<br /> and municipal authorities, and with any lawful order or direction of any public
<br /> officer relating to the use and occupation of the Property and improvements during
<br /> the term of this lease.
<br /> Section 15. Permits. Association shall maintain in force and effect all permits,
<br /> licenses and similar authorizations to use the Property and improvements for the
<br /> aforesaid purposes required by any governmental authority having jurisdiction over
<br /> the use thereof. Association's failure to maintain such permits, licenses and similar
<br /> authorizations shall not relieve Association from the performance of its obligations
<br /> and covenants hereunder (except obligations and covenants as may be prohibited by
<br /> law), nor from the obligations to pay rent or other obligations, as set forth herein.
<br /> At City's request, if Association in the exercise of its reasonable discretion
<br /> determines that City's request in this section is reasonably consistent with the
<br /> provisions of this lease, Association shall, within thirty (30) days after receipt of
<br /> written request from City and at no expense to the City, join with the City in
<br /> executing, acknowledging and delivering any and all petitions, consents,
<br /> subordinations, plats, or easement deeds that may be required for the installation
<br /> of any utilities, public improvements, roads, water lines, sewer lines, storm
<br /> drainage facilities, subdivision, rezoning, variance, special use, platting or other
<br /> similAr development of the Property.
<br /> Section 16. Maintenance, Repairs and Alterations. Subject to the provisions
<br /> of Article 6, and except as herein provided, Association shall during the term of this
<br /> lease, at their sole cost and expense, keep and maintain the Property and
<br /> improvements and appurtenances and every part thereof in good order, condition
<br /> saress74
<br /> Farms-is 3
<br />
|