RES 81-030 RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE THE OFFICE SPACE LEASE WITH RADIX PRODUCT DEVELOPMENT, INC. FOR RENATL AT 2800 KENZIE TERRACE

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-2- ments or due to accidents or strikes, or conditions or events not under Landlord' s control- shall be deemed as an eviction of the • Tenant 'or relieve the Tenant from any of the Tenant's obligations hereunder. The Tenant shall pay,:$55.00 per month .for all named utilities for the period May 1, 1981 through December 31, 1981.. The charge-shall be $63. 00 -per month for the period January 1, 1982 through December 31, 1982 . J ARTICLE 4. NON-LIABILITY OF LANDLORD. Landlordshall not be liable to Tenant or .those claiming through or under Tenant, or Tenant's agents, guests , invitees, clients or otherwise for -any damage for failure to furnish services or utilities , the necessity for repairs or improvements to such services , fire, explosion, strikes , or. any causes beyond Landlord's reasonable control; nor shall Landlord. be .liable for personal injuries, death, or any damage from any cause about-. the leased premises .or the- building within same are- located, including the. parking area, and without limiting the generality of the foregoing, any personal, in�uries,, death or.- damage resulting from the ' use or. .escape:-of. gas , .water, steam, elect- ricity,. air conditioning .or . other. :agency_, or due to ,fire, explosion or action . of the elements, .unless caused -by the negligence of Land- lord, its agents- or employees. Tenant agrees to place and maintain throughout the term: hereof at its sole expense, such fire and other casualty insurance as- its interests. may appear in. Tenant' s reasonable discretion. Tenant further- agrees- to place and .maintain throughout the term hereof, comprehensive general- liability insurance covering the leased premises and providing insurance coverage- with minimum • amounts of liability for bodily injury to one person -in -the amount of Five Hundred Thousand Dollars . (-$500 ,000 .00) and for bodily injury to any group. of persons .in the amount of. F.ive Hundred Thousand Dollars ($500 ,000 .00). .and for property damage in the amount, of One Hundred Thousand Dollars ($100,000. 0,0)_ . . Landlord. and .Tenant each expressly waive any right of recovery against each..other for any losses caused by or resulting from any acts .of negligence or carelessness or alleged acts of -negligence or carelessness or either .party, their agents or employees-, to the extent that such.-losses might arise from fire or any other peril covered by any policy of insurance. ARTICLE 5. CARE OF PREMISES . ' Tenant agrees : 1) to keep the leased premises in as good condition and. repair as they were in -at the time Tenant took possession of same; reasonable wear- and tear and damage from -the fire and other. casualty, . for:, which insurance is normally procured, excepted; 2) to keep the leased .premises- in a clean and sanitary condition;. 3). not to commit any nuisance or waste on the leased premises, throw foreign substances- in plumbing facilities, or waste any of the utilities furnished by Landlord; 4) if. Tenant. shall fail to keep and preserve these premises in .the state of condition required by the provisions of .this Article, the Landlord may, at its option, put or cause the same to be put into the condition and state of repair agreed upon, and in such case, the Tenant, on demand, shall pay the cost thereof; 5) Tenant agrees to deposit and maintain with Landlord a security deposit in the amount of Three Hundred Fifty-nine ($359 . 00) • Dollars, to .guarantee such payment; 6). Tenant .agrees to abide by such Rules and .Regulations as may be reasonably promulgated by Landlord. Tenant shall erect no signs on the leased premises without the prior written permission. of Landlord. . Landlord shall be responsible for the maintenance and repair of structural