City Council Agenda and Packet 1979 06 05

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The Tena -tereby dares that in entering into this Lease, he or she relied solely upon the statements contained in this Lease and fully understands that no •a ent or rer reseal tati-:a of the Landlord has authority to in any manner change, add to or detract from the terms of this Lease. IT IS MUTUALLY AGREED, that if after the expiration of this Lease the Tenant shall remain in possession of said premises and continue to pay rent, without any express agreement as to such holding, then such holding over shall be deemed and taken to be a holding upon a tenancy from month to month, and the party holding be regarded as a tenant from month to month, at a monthly rental equivalent to the monthly installments herein- above provided for, payable in advance on the same day of each calendar month. XT IS FURTHER MUTUALLY AGREED, that in case said premises are left vacant and any part of the rent herein reserved be duo and unpaid, then __ the Landlord may, without in anywise being obliged so to 40,0_41ma without:-4. terminating this Lease, retake possession of said premises and rent the same for such rent, and upon such coodit ions as the Landlord why think best, making such charges and repairs as may be required, jiving credit for the amount of rent so received less all expenses of such changes and repairs, and said Tenant shall be liable for the balance of the rent herein reserved until the expiration of this Lease. FURTHER, that all the covenants and agreements in this Lease contained shall be binding upon and apply to the heirs, assigns and legal represent- atives of said Landlord and said Tenant or any person claiming by, through or under either of them or their agents or attorneys. ARTICLE 4. DAMAGE BY FIRE OR OTHER CASUALTY; FIRE INSURANCE Section 1. In case the building in which the leased premises is situated shall be partially or totally destroyed by fire or other casualty insur- able under standard fire and extended coverage insurance so as to become partially or totally untenantable, the same shall be repaired as speedily as possible at the expense of Landlord, unless Landlord shall elect not to rebuild, as hereinafter provided, and a just and proportionate part of the rent shall be abated until so repaired. Section 2. In case the leased premises or the building in Which the leased premises are situated shall be destroyed or so damaged by fire or other casualty as to render more than 50% of the leased premises or 5096 of said building untenantable, Landlord may, at its election, to be exercised by notice given to Tenant not more than 6o days after the occurrence of the a-mage, terminate this Lease; but if Landlord shall not so elect, Landlord shall, as promptly as may be reasonable, repair, re- build or restore any such damage suffered in the leased premises as in this Article provided; but Landlord' s obligation shall be limited to the basic building and exterior work as covered by "Description of Land- lord's Work" in Exhibit "C" attached hereto. Section 3. If such damage or destruction occurs and this Lease is not so terminated by the Landlord, this Lease shall remain in full force a:ad effect and the parties waive the provisions of any law to the con- trary. Tenant shall in the event of an such damage or destruction, unless this Lease shall be terminated as provided in Section 2, forth- with replace or fully repair all exterior signs, trade fixtures, equip- ment, display cases and other installations originally installed by the Tenant. Landlord shall have no interest in the proceeds of any insurance carried by Tenant on Tenant's interest in this Lease and Tenant shall have no interest in the proceeds of any insurance carried Landlord. Section 4. Tenant agrees during any period of reconstruction, restora- tion or repair of the leased premises and/or of said building to continue the operation of its business in the demised premises to the extent reasonably practicable from the standpoint of good business. Fixed minimum rent shall be abated proportionately during any period in which, by reason of any such damage or destruction there is a sujst.antial interference with the operation of the business of Tenant in the leased premises, having regard to the extent to w'.-ich Tenant- may be required to (5)