6.A.(1) Agreement for Services with Downtown South Bend

Home Browse Search

6. No alterations, changes or additions in the Parking Lots shall be made without first submitting written plans and specifications for the same to the Commission and obtaining its written consent to make the same. !n the event of any such remodeling, alterations or additionsi the Provider shall make the same at its own expense and shall promptly pay for all materials and labor involved in making the same. The Provider shall not permit any liens or claims or damages of any nature to exist against the Commission or the Parking Lots. In the event any lien, claim or damage or any action for enforcing the same shall be filed or made against the Commission or any of the Parking Lots, the Provider shall defend the same at its own expense. The Provider agrees to indemnify and hold harmless the Commission from any and all liability or expense arising by virtue of such claim, demand or lien or the defense of any action filed to enforce the same. Any such alterations, changes or additions shall, when made, become a part of the Parking Lots and remain thereon as the property of the Commission at the termination of this Agreement at the option of the Commission. If the Commission shall require the Provider to restore the Parking Lot to the original condition in which it was before this Agreement was executed, then the Provider shall restore the Parking Lot to such conditions at its own expense and ail of the provisions of this Agreement with reference to such restoration contracts, liens, demands and expenses shall apply to said restoration as well as the original alterations. 7. The Provider shall allow the Commission free access to the Parking Lots for the purpose of examining or exhibiting the same and also shall allow the Commission to place upon any of the Parking Lots, at any and all times, "For Sale" signs, and within ninety (90) days prior to the termination of this Agreement, '`For Rent" signs. 8. The Provider shall promptly pay and discharge all taxes that may be assessed or levied by any lawful authority against the property of the Provider or any subtenants on, against or by virtue of the business conducted in or on the Parking Lots during the term of this Agreement. 9. The Provider shall promptly pay all water, sewage, electric, power, gas and heating bills and taxes levied or charged against the Parking Lots for and during the term of this Agreement. 10. The Provider covenants that should it make default in any of the covenants and agreements herein contained, it will at once deliver peaceable possession of the Parking Lots to the Commission, and failing to do so, it shall be lawful for the Commission, its heirs and assigns, without notice, to declare this Agreement terminated and to re-enter the Parking Lots, or any part thereof, either with or without process of law, and to expel, remove and put out the Provider, or any person or persons occupying the same, using such force as may be necessary so to do, and to repossess and use the Parking Lots as before this Agreement, without prejudice to any remedies which might otherwise be available to the Commission for breach of covenants, and the Provider further covenants and agrees, that the Commission shall have, at all times, the right to distrain for rent due, and shall have a valid and first lien upon all property of the Provider whether exempt by law or not, as security for the covenants of the Provider. 16