My WebLink
|
Help
|
About
|
Sign Out
Home
Browse
Search
No. 2369 approving a counter offer from and a contract of purchase and sale with Key S.B. LLC and other related matters
sbend
>
Public
>
Redevelopment Commission
>
Resolutions
>
No. 2369 approving a counter offer from and a contract of purchase and sale with Key S.B. LLC and other related matters
Metadata
Thumbnails
Annotations
Entry Properties
Last modified
8/12/2009 12:20:46 PM
Creation date
8/12/2009 12:17:43 PM
Metadata
There are no annotations on this page.
Document management portal powered by Laserfiche WebLink 9 © 1998-2015
Laserfiche.
All rights reserved.
/
38
PDF
Print
Pages to print
Enter page numbers and/or page ranges separated by commas. For example, 1,3,5-12.
After downloading, print the document using a PDF reader (e.g. Adobe Reader).
Show annotations
View images
View plain text
• <br />partially or totally destroyed, whether by fire or any other casualty, so as to render the same <br />unfit, in whole or part, for use and occupancy by the Lessee, it shall then be the obligation of the <br />Lessor to restore and rebuild the Project as promptly as may be done, unavoidable strikes and <br />other causes beyond the control of the Lessor excepted; provided, however, that the Lessor shall <br />not be obligated to expend on such restoration or rebuilding more than the amount of the <br />proceeds received by the Lessor from the insurance provided for in Paragraph 6 hereof. <br />The rent payable hereunder for the Project shall be abated for the period during <br />which the Project or any part thereof is unfit for occupancy and such abatement shall be in <br />proportion to the percentage of area of the Project which is unfit for occupancy. <br />5. Alteration, Repairs, and Easement Maintenance. (a) The Lessee <br />assumes responsibility for repairs and alterations to the Project caused by its use. No alterations <br />shall be made by Lessee without first obtaining the written consent of Lessor, except for minor, <br />immaterial changes provided such immaterial changes do not alter Lessee's use. The Lessee <br />agrees to indemnify and defend the Lessor against any demand, claims, or action seeking to file, <br />enforce or foreclose a lien against the Property, whether such lien is related to the construction, <br />• use or maintenance of the Project prior to the Commencement Date or during the term of this <br />Lease. Subject to Paragraph 1 1, at the end of the term, Lessee shall deliver the leased property to <br />Lessor in as good condition as at the beginning of the term, reasonable wear and tear only <br />excepted. <br />(b) The Lessee and Lessor further covenant to abide by the restrictions of, and <br />to assume responsibility for, any and all obligations under the Reciprocal License, Easement and <br />Maintenance Agreement by and between Society National Bank, Indiana and One Plaza Place <br />Associates dated January 11, 1994 and recorded January 14, 1994 as Instrument No. 9402004 in <br />the Office of the Recorder of St. Joseph County, Indiana (the "Easement Agreement"), including <br />but not limited to all obligations, if any, that the Lessor has as owner of the Real Estate and the <br />Project. <br />6. Insurance. Lessee, at its own expense, will, during the full term of the <br />Lease, keep the Project insured against physical loss or damage, however caused, with such <br />exceptions as are ordinarily required by insurers of facilities of a similar type, with good and <br />responsible insurance companies, subject to the approval of Lessor. Such insurance shall be in <br />an amount at least equal to the greater of (i) the option to purchase price or (ii) one hundred <br />percent (100%) of the full replacement cost of the Project as certified by a registered architect, <br />L` <br />-3- <br />
The URL can be used to link to this page
Your browser does not support the video tag.