City Council Agenda and Packet 2019 09 10

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such measures as it determines necessary to bring the Licensed Premises into compliance with the terms hereof,and the cost of any such measures shall be paid by the DBA. 11.Acknowledgment of General Condition.The DBA acknowledges that its use and occupancy hereunder is of the Licensed Premises in its present,as-is condition with all faults, whether patent or latent,and without warranties or covenants,express or implied.The DBA acknowledges the City shall have no obligation to repair,replace or improve any portion of the Licensed Premises in order to make such Premises suitable for the DBA’s intended uses; however,the foregoing shall not limit the City’s obligations to maintain and repair site improvements as provided in Section 7 of this Agreement. 12.Acknowledgment and Acceptance of Specific Matters.The DBA specifically acknowledges that the Licensed Premises may not currently meet standards under federal,state or local law for the DBA’s intended use,including but not limited to accessibility standards under the Americans with Disabilities Act and Uniform Building Code and adopted and in force in the City of Louisville.Compliance with such standards,if required for the DBA’s use,shall be at the sole cost and expense of the DBA.If the DRA determines that compliance with such standards for the DRA’s use is not feasible or economical,then the DBA may terminate this Agreement and the patties shall be released from any thither obligations hereunder. 13.Taxes.The Licensed Premises is presently exempt from any real property taxation. In the event the County Assessor determines that the Licensed Premises is subject to the lien of general property taxes due to the DBA’s use or occupancy,the DBA shall be responsible for the payment of taxes. 14.Liens.The DBA shall be solely responsible for and shall promptly pay for all services,labor or materials thrnished to the Licensed Premises at the instance of the DBA.The City may at the DBA’s expense discharge any liens or claims arising from the same. 15.DBA’s and City’s Property. The City shall have no responsibility,liability,or obligation with respect to the safety or security of any personal property of the DBA placed or located on,at,or in the Licensed Premises,it being acknowledged and understood by the DBA that the safety and security of any such property is the sole responsibility and risk of the DBA. Except as otherwise specifically provided in this Agreement,the DBA shall have no responsibility,liability,or obligation with respect to the safety or security of any personal property of the City placed or located on,at,or in the Licensed Premises,it being acknowledged and understood by the City that the safety and security of any such property is the sole responsibility and risk of the City.The DBA shall not remove any of the City’s personal property from the Licensed Premises.The City shall not remove any of the DBA’s personal property from the Licensed Premises,except as permitted incident to tennination of this Agreement. 5 10