Resolution 3399 - Laserfiche WebLink

DRS462 ARTICLE V: USE 5. 1 Use of Premises. From and after the Substantial Completion Date, City may use the: Leased Premises for the occupancy, use, maintenance and operation of a fire station and all uses incidental thereto, including but not limited to, any other use permitted by law or the certificate of occupancy issued for the Improvements. 5.2 Compliance with Laws. City shall comply with all municipal, county, state and federal laws, rules, regulations and ordinances applicable to the Leased Premises and the use or occupancy thereof. ARTICLE VI: TRIPLE NET LEASE 6. 1 Triple Net Lease. This Lease is a "triple net lease" and except as otherwise expressly provided in this Lease, City's obligations to make Lease Payments as provided in Section 4. 1 of this Lease, and to pay Additional Rent as provided in Section 4 .2 of this Lease, and to perform and observe all other covenants and agreements of the City contained herein shall be absolute and unconditional and the failure by the City to make such Lease Payments at the time and in the amounts set forth in Exhibit B shall constitute an Event of Default under this Lease. All Lease Payments shall be made without notice or demand and without setoff (except as otherwise expressly provided in this Lease) , counterclaim, abatement, deduction or defense whatsoever. Following final acceptance of the Improvements by the City, the City assumes the sole responsibility for the condition, use, operation, maintenance, repair and management of the Leased Premises, and City will, at its cost and expense, keep and maintain the Leased Premises in good repair and condition and in compliance with all applicable laws, rules, regulations, statutes, and ordinances, and will make all structural and non- structural, and ordinary and extraordinary changes, repairs and replacements which may be required to be made upon or in connection with the Improvements to the Leased Premises in order to keep the same in good repair and condition, reasonable wear and tear and ordinary use excepted, provided, however, that nothing herein shall be construed to release the Lessor from the performance of its obligations under the Construction Contract and if the Lessor should fail to perform any such obligation, the City may institute such legal action against the Lessor as the City may deem necessary to compel the performance of such obligation or to recover damages therefor. Notwithstanding anything in this Lease to the contrary, City shall have no obligations to indemnify Lessor for any claims, loss, liabilities or damages arising from the negligent or willful acts or omissions of Lessor. B-7