03/23/95 Agenda & Packet - Laserfiche WebLink

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MAR 16 '95 11:46 HOLMES & GRAVEN P.6 and repair. Association shall make all repairs to the exterior of the improvements,• shall make all structural repairs, shall keep the interior of the improvements in compliance with City health and safety codes and shall keep and maintain all landscaped areas in a neat, orderly, and trim condition at its expense. If Association does not keep and maintain the Property and improvements as herein provided, the City may, but need not, after sixty (60) days' notice to Association, make such repairs and replacements, and Association shall pay the City the cost thereof forthwith upon being billed for the same. All damage or injury to the Property or improvements caused by Association moving property in or out of the improvements or by installation, removal of furniture, fixtures, equipment or other property by Association, its agents, contractors, servants or employees, or resulting from any other cause of any other kind or nature whatsoever due to carelessness, omission, neglect, improper conduct or other causes of Association, its servants, employees, agents, visitors or licensees, shall be repaired, restored or replaced promptly by Association, at his sole cost and expense, to the satisfaction of the City. All repairs, restorations and replacements shall be in quality andclass equal to the original work. If Association fails to make such repairs, restorations or replacements, the same may be made by the City and the same shall be at the expense of Association and collectible as additional rent or otherwise, and shall be paid by Association to the City within sixty (60) days after rendition of a bill or statement therefor. Section 17. Assignment, Subletting and Mortgaging. The Association shall not assign or sublet its interest in this lease without obtaining the prior written consent of the City, which has the sole discretion of whether to approve such assignment or subletting. The Association must obtain the City's prior written• consent before mortgaging its interest in this lease or in the building to be constructed on the property. Any mortgage entered into by the Association shall contain a provision guarantying that the City will receive prompt written notice of the Association's default on the mortgage. Section 18. Remedies on Default. If the Association defaults on any of its obligations under this lease, the City may: a. Terminate the lease, retake possession of the property and exclude the Association from possession of the property, the building on the property, and any other improvements on the property; or b. Take whatever action at law or equity may appear necessary or appropriate to enforce the provisions of this lease. Section 19. Exercise of Remedy. No remedy conferred upon or reserved to the City is intended to be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this lease_ No delay or omission by the City to exercise • any remedy shall be construed as a waiver of the right to exercise such remedy. Section 20. Expiration of the Lease Term. Upon expiration of the lease term the City may renew the lease for a term mutually satisfactory to the City or may take possession of the building and the property for its own use. Section 21. Dissolution of the Association. In the event that the Association . should dissolve, disband, or cease operating as an ongoing entity, the City may take • JJT85574 [4/125-13 4