CC RES 96-054 RESOLUTION APPROVING A LEASE BETWEEN THE CIFT OF ST. ANTHONY AND THE STE. MARIE COMPANY AND AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE SAID LEASE ON BEHALF OF THE CITY OF ST. ANTHONY

Home Browse Search

ARTICLE 22: HAZARDOUS MATERIALS • Tenant shall not unlawfully use, handle, generate, treat,store or dispose of, or permit the unlawful handling, generation, treatment, storage or disposal of any Hazardous Materials by its officers, agents, employees,contractors,sublessees or licensees in,on,under,around or above the Premises,Subject Parcel or the Shopping Center. Tenant will indemnify, defend and save Landlord harmless from any actions, proceedings, claims, costs, expenses and losses of any kind, including, but not limited to, those arising from injury to any person,including death,damage to or loss of use or value of real or personal property,and costs of investigation and cleanup with respect to any breach by Tenant of the preceding sentence. Except for matters described in the immediately preceding sentence,Tenant shall have no obligation with respect to any other Hazardous Materials located upon the Premises,the Subject Parcel or the Shopping Center. The term "Hazardous Materials",when used herein,shall include,but shall not be limited to,any substances,materials or wastes to the extent quantities thereof are regulated by any local,state or federal governmental authority, because of toxic, flammable, explosive, corrosive, reactive, radioactive or other properties that may be hazardous to human health or the environment,including asbestos and including any materials or substances that are listed in the United States Department of Transportation Hazardous Materials Table, as amended, 49 C.F.R. 172.101, or in the Comprehensive Environmental Response, Compensation and Liability Act, as amended,42 U.S.C. subsections 9601 et seq., or the Resources Conservation and Recovery Act,as amended, 42 U.S.C. subsections 6901 et seq., or any other applicable governmental regulation imposing liability or standards of conduct concerning any hazardous, toxic or dangerous substances, waste or material, now or hereafter in effect. Tenant's obligations and liabilities under this Article shall survive the expiration or termination of this Lease. ARTICLE 23: FIXTURES All personal property and trade fixtures owned by Tenant and installed in the Premises shall remain the property of Tenant and shall be removed by Tenant at the expiration of the Term, provided Tenant shall • not at such time be in default under any covenant or agreement contained herein,and provided further that the Tenant repair any damage to the Premises caused by the removal thereof. If Tenant shall be in default under this Lease, Landlord shall have a lien on said personal property and fixtures as security against loss or damage resulting from any such default by Tenant and said personal property and fixtures shall not be removable by Tenant until such default is cured. If, upon the expiration or termination of the Term, said personal property and fixtures have not been removed by Tenant,they shall become the property of Landlord to dispose of as Landlord chooses and Tenant shall pay to Landlord all costs incurred by Landlord in connection with the removal and disposal of same and the costs of any repairs to the Premises in connection therewith. ARTICLE 24: SURRENDER OF PREMISES This Lease shall terminate on the Termination Date without the necessity of any notice from either Landlord or Tenant to terminate the same,and Tenant hereby waives notice to vacate the Premises and agrees that Landlord shall be entitled to the benefit of all provisions of law respecting the summary recovery of possession of premises from a tenant holding over to the same extent as if statutory notice had been given. For the period of six (6) months prior to the expiration of the Term Landlord shall have the right to display on the exterior of the Premises (but not in any window or doorway thereof) the customary sign "For Rent", and during such period Landlord may show the Premises and all parts thereof to prospective tenants during normal business hours. Landlord shall give reasonable advance notice of any such showing. Before the date the Term expires or Tenant's right of possession otherwise terminates, Tenant shall (A) restore the Premises to the same condition as they were in at the beginning of the Term (except for reasonable wear and tear and except as otherwise provided in Article 18 hereof)and remove those leasehold improvements made by Tenant in accordance with Article 4 hereof,and all Alterations and other improvements or additions installed for or during Tenant's occupancy,which Landlord shall require Tenant to remove,provided that Landlord may only require Tenant to remove such leasehold improvements, alterations and other improvements or additions • which are (1) designated by Landlord as items to be removed by Tenant at the time Landlord approves the plans therefor,or(2)installed or constructed by Tenant without the review and express approval by Landlord of the plans therefor; (B) remove all of Tenant's personal property and trade fixtures in accordance with the provisions of Article 23 hereof;and(C)surrender possession of the Premises to Landlord in a clean condition free of rubbish and debris. If Tenant does not comply with this Article,Landlord may enter the Premises,put the Premises in such condition,and recover from Tenant Landlord's cost of doing so. If the Premises be not surrendered at such time, Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant in so surrendering the Premises, including, without limitation, any claims made by any succeeding tenant founded on such delay. Tenant shall surrender all keys for the Premises to Landlord at the place then fixed for payment of Rent. Tenant's obligation to observe or perform the provisions of this Article shall survive the expiration or termination of this Lease. ARTICLE 25: MERCHANTS ASSOCIATION 326559.8 Redlined V8 to V7 9-27-6 24