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07-24-14 Redevelopment Commission Meeting
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6B3
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AGREEMENT <br /> NOW THEREFORE, in consideration of the foregoing, the mutual covenants and <br /> agreements set forth in this Lease and other good and valuable consideration, the receipt and <br /> sufficiency of which are hereby acknowledged, Lessor and Lessee agree as follows: <br /> 1. Lease of Equipment. Subject to the terms and conditions of this Lease, Lessor agrees to <br /> lease to Lessee, and Lessee agrees to lease from Lessor, the equipment described on the attached <br /> Schedule A(collectively, the "Equipment"). As used in this Lease, the term "Equipment" refers <br /> to all items and/or units of Equipment collectively and to each item or unit of Equipment <br /> individually, as the context requires, and includes any and all Additions (as defined below) and <br /> any amendments, modifications and additions to Schedule A to which the parties may agree from <br /> time to time. <br /> 2. Term. The term of this Lease (the "Initial Term") shall commence on the date on which <br /> the Equipment in working condition is delivered to Lessee (the "Commencement Date") and <br /> passes Lessee's inspections and operating standards. The Initial Term shall end on the date that is <br /> four (4) years after the Commencement Date. The parties may, but are not obligated to, renew <br /> this Lease beyond the Initial Term (each a "Renewal Term"). Any such renewal shall be <br /> evidenced in a writing signed by both parties at least one hundred eighty (180) days before the <br /> expiration of the Initial Term. The Initial Term together with any Renewal Term(s) shall <br /> hereinafter be referred to as the "Term". <br /> 3. Inspection and Acceptance. Lessee shall have a period of thirty (30) calendar days <br /> from the date of delivery of the Equipment(the "Inspection Period")to (i) inspect the Equipment <br /> to ensure it is in good condition and repair and (ii) notify Lessor, in writing, that the Equipment <br /> is not in good condition and repair, in which case Lessor shall have a period of twenty-one (21) <br /> days from the date of such notice to cure the same or otherwise provide (or cause the <br /> manufacturer to provide) Lessee with Equipment that is in good condition and repair. If Lessee <br /> does not notify Lessor in writing during the Inspection Period that any of the Equipment is not in <br /> good condition and repair, then Lessee shall be deemed to have inspected, be satisfied with and <br /> accepted the Equipment in such good condition and repair. <br /> 4. Rental Payments and Other Lease Charges. <br /> (a) Rental Payments. Lessee agrees to pay to Lessor, during the Initial Term, as rent for the <br /> Equipment, the total sum of One Hundred Twenty Five Thousand Dollars ($125,000.00) per <br /> year, payable on the Commencement Date and each anniversary of the Commencement Date <br /> thereafter (the "Annual Rental Payment"). The Annual Rental Payment and any other amounts <br /> due under this Lease by Lessee to Lessor shall be paid without relief from valuation and <br /> appraisement laws. <br /> (b) Late Payments. If the Annual Rental Payment or any other amount owed under this Lease <br /> is not paid to and received by Lessor within ten(10)business days after the date such payment is <br /> due, then in addition to all amounts payable by Lessee as a result of Lessor's exercise of any <br /> remedies provides in this Lease, Lessee shall immediately pay to Lessor a late payment charge <br />
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