Resolution 2011-08 - Laserfiche WebLink

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1.6 Owner shall bear all costs of operation, upkeep, and maintenance of the Property and the Structure, and the City shall have no liability or responsibility of any kind related to the ownership, operation, insurance, or maintenance of the Property or the Structure. Owner shall pay before delinquency all real estate taxes, assessments, fees or charges properly levied upon the Property and shall furnish the City with evidence of payment upon request. Owner shall keep the Property free of any liens or encumbrances for obligations incurred by Owner, other than liens or encumbrances secured by the Property, Structure or Project that are subordinated to this Easement. II. ADMINISTRATIVE PROVISIONS 2.1 The City has the discretion when reviewing applications from Owner pursuant to Section I, to give or withhold City Consent, conditionally or unconditionally, but such City Consent shall not be unreasonably withheld, conditioned or delayed. "City Consent" as used herein, means that the Owner has applied for and been issued a landmark alteration certificate or demolition permit, as applicable, or other applicable permit or approval from the City in accordance with the provisions of Chapter 15.36 or other applicable provisions of the Louisville Municipal Code, as amended from time to time. 2.2 Owner agrees that representatives of the City may upon prior reasonable notice and at times reasonably acceptable to Owner inspect the Property, including the Structure. Inspections will normally occur outside the Structure, except if the City determines interior access is reasonably necessary to establish compliance with this Easement. III. CONDEMNATION Owner shall notify the City of any condemnation proceeding with respect to the Property. The City has the option, but not the obligation, to participate in any action or settlement with respect to any condemnation and to claim that percentage of the proceeds that the amount of Historical Preservation Fund funding for the Project bears to the overall cost of the Project as determined by City building permit records. IV. DAMAGE OR DESTRUCTION In the event that any part of the Historic EIements shall be damaged or destroyed by casualty, the City shall have the right to require the Owner to restore or reconstruct the Historic Elements if the City believes, in its sole discretion, that the purposes and intent of this Easement will be served by such restoration or reconstruction of the Historic Elements. If Owner fails to restore or reconstruct the Historic Elements after the City has directed the Owner to do so, the City, in its sole discretion, may restore or reconstruct the damaged or destroyed Historic Elements, and the City's costs to do so shall constitute a lien on the Property until repaid by Owner. Alternatively, the City, in its sole discretion, may direct that the damaged or destroyed Historic Elements not be restored or reconstructed and that the Owner pay to the City that percentage of the insurance proceeds received that represent the amount that the Historic Preservation Fund funding for the Project bears to the overall cost of the Project as determined 3