RES 88-010 RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE THE OFFICE SPACE LEASE WITH PHIL LaMERE, D/B/A BARBER STYLISTS, FOR RENTAL AT 2800 KENZIE TERRACE

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-4- which area shall thereafter be used by Tenant and its employees to the exclusion of other areas . ARTICLE 10 . ASSIGNKENT OR SUBLETTING. Tenant agrees to use _and occupy the leased premises throughout the entire term hereof for the purpose or purposes herein specified, and for no other pur- poses, in the manner and to substantially the extent now intended, and not to assign this Lease or sublet said premises, or any part thereof, whether by voluntary act, operation of law, or otherwise, without obtaining the prior written consent of Landlord in each instance; Tenant shall seek such written consent by a written re- quest therefor, setting forth such information as Landlord may desire. Landlord agrees not to withhold consent unreasonably. In the event that a bona fide sub-tenant or assignee is proposed to Landlord by Tenant, and Landlord cannot reasonably withhold consent to such proposed sub-tenancy or assignment, Landlord shall have the right, at Landlord' s sole discretion, to terminate this lease upon thirty (30) days written notice to Tenant in lieu of consenting to such proposed sub-tenancy or assignment. Consent by Landlord to one assignment of this Lease or to one subletting of the leased premises shall not be a waiver of Landlord' s rights under this Article as to any subsequent assignment .or subletting. Landlord' s rights to assign this Lease are and shall remain unqualified. • ARTICLE 11. DAMAGE BY FIRE OR OTHER CASUALTY. If fire or other casualty shall render the leased premises untenantable, this Lease shall terminate forthwith, and any prepayments of rent shall be re- funded by the Landlord pro-rata; provided, however, that if the premises can be repaired within ninety (90) days from the date of such event, then at Landlord ' s option by notice in writing to Tenant mailed within thirty (30) days after such damage or destruction, this Lease shall remain in full force and effect, but the rent for the period during which the premises are untenantable shall be discounted pro-rata. ARTICLE 12. EMINENT DOMAIN. If such a portion of the leased premises are taken by any public authority under the power of eminent domain as to render the remaining portion unsuitable for the purposes intended hereunder, then the term of this Lease shall cease as of the day possession shall be taken by such public authority, and Landlord shall make a pro-rata refund of any rent that may have been paid in advance. All damages awarded for such taking under the power of eminent domain shall belong to and be the property of Landlord, irrespective of the basis upon which they are awarded. ARTICLE 13 . SURRENDER. On the last day of the term of this Lease or on the sooner termination thereof, Tenant shall peaceably surrender the leased premises in good condition and repair consis- tent with Tenant ' s duty to make repairs as provided in Article 5 hereof. On or before the last day of the term of the lease or the • sooner termination thereof, Tenant shall at its expense remove all of its equipment from the leased premises, and any property not re- moved shall be deemed abandoned. Tenant shall reimburse Landlord for any expenses incurred by Landlord with respect to removal or storage of abandoned property. , All alterations, additions and fixtures, other than Tenant' s equipment, which have been made or