Resolution 2016-53 - Laserfiche WebLink

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of installing, operating, maintaining, repairing and replacing the Permitted Improvements for service to the Property and no other Property. Except as specifically allowed by this Agreement, Owner shall not place, install, construct, expand, build or add to any lines, facilities, structures or other items on the Premises. Unless approved by the City, all Permitted Improvements within the Premises shall be placed at or below grade. 3. Owner Maintenance. In its use and occupancy of the Premises, Owner agrees to take such actions as necessary to maintain the Permitted Improvements in good and safe condition at all times. Owner shall comply at all times with the ordinances, resolutions, rules, and regulations of the City and with the terms, conditions and requirements of the approved Plans and Specifications. 4. City's Rights for Non -Compliance. If Owner fails to comply with its obligations relating to the Permitted Improvements, such noncompliance shall constitute a breach of this Agreement. The City may, in addition to any other remedy available to it for breach, take such measures as it determines necessary to bring the Permitted Improvements into compliance with this Agreement, and the cost of any such measures shall be paid by the Owner. Except during an emergency, the City shall provide written notice to Owner, not to be less than thirty (30) days, and allow Owner the opportunity to perform such measures. If the Owner fails to perform such measures within the time prescribed and to the City's satisfaction, upon providing Owner at least ten (10) business days' notice, the City may cause such measures to be taken and bill the cost thereof to the Owner, including without limitation all costs for labor, material and equipment used to complete such measures, and related costs for administration and enforcement of Owner's obligations. The cost of any such measures shall be paid by the Owner within 30 days of written demand for payment thereof. Any amounts not so paid shall bear interest at the rate of 1% per month from the date the demand was received until paid, and the City shall be entitled to all costs of collection to collect such amounts, including but not limited to court costs and reasonable attorney fees. 5. Use Subordinate. Owner's use under this Agreement is subordinate to the City's use under the Easement, and the City shall have the right to enter into the Premises at any time during the term of this Agreement for any purpose authorized to the City by the Easement. Owner further acknowledges that this Agreement provides to Owner the right for shared use of the Premises and the City does not by this Agreement assign, transfer or convey to Owner any interest in the Easement. While the City will make reasonable efforts to avoid damage to the Permitted Improvements, if any entry by the City requires disturbance of the Permitted Improvements, the City shall not be required to repair and replace such disturbance. Owner, for itself, its successors and assigns, hereby releases the City, its officers and employees from any and all claims of damage or liability for any disturbance of or damage to the Permitted Improvements resulting from the City's use of the Premises, excepting only liability arising from gross negligence or willful or wanton conduct. 6. Avoidance of Damage. In the exercise of its rights pursuant to this Agreement, Owner shall avoid any damage or interference with any City installations, structures, utilities, or improvements on, under, or adjacent to the Premises. Owner shall restore any City facilities 2