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Home My WebLink About1069~ g, iir-+YCtk-s--+-i~ii~.tw.'}-~o}a-a,Li,~.~axYCu - loose t,y both ~..'iea, L,ANL)LORI? with Tk;NANT'E help shall bazar-faiisd to procure any an ~.~l+w~rtr"s stn aetory permits, modi cation of any setback Linea, licenses, and frwnchise+a sus may tre cea~red by TENANT d to authorize all automotive work, and the installation and ope ~ ~nercl automotive service ttation or ,store, }ncluding the storage and sale ns gasoline sn rn thing bhe eeir d tanks, pumps, artd other hand- ling equipment for and on said re:+alaaa. r • ng of ears, tiro repairing, retreading, recapping, and s•ulcan- zing, removal 1 olocy~~.af-ry~~~iiydranta, troea, catch basins, etc., as desired by 'T'ENANT, and the making of ' r~ .~~Np~tV ur operhngs and cntranc®s for the proper operation of a general automotive wrvtce station t---- _ Q Z 73rt'. ITLE. I.ANDI.O1tD shall furnish TENANT, at LANDLORD'S expense, when reyuested by TENANT, a title insur- once policy, or LANDLORD'S attorney's opinion suitable to TENANT, extended to show LANDLORD `tts good Li and marketable title to said premises as of the date of recording this lease, free of -ell encumbrances except this ~ ~ lease, and for current taxes and installments of any assessments, and except for nny encumbrances which are ~ listed in Section 3 of this lease. If there are any mortgages or trust deeds on demised premises, said attorney's ~~ ~ ~.: ~ opinion shah show the original amount of the mortgage or trust dac~d as well as the amount now due. If such title e~aa t/r~ is not good and marketable in LANDLORD, LANDLORD shall, within thirty (30} days, correct the defects tchich TENANT in writing speciftea. . R. GAS, WATER. TEN:INT shall pay the rent or charge imposed for water, sewerage; electric current, and gas used or consumed by it on said premises during the term of TENANT'S occupancy...~y~uora~ ctias~.~s°=s= ~~^^ with 3. COQ the electrical, plumbing, heating, and air conditioning systems, and fixtures of such- ~j~ia, a or and sprinkler system, if any ), are adequate and in food order and conditio l+ert~-tliir~eat.tng facilities are of suffi- cient capacity to maintain a temperature of 70 F ii-+ o ces and merchandise display rooms, and b0' Fahrenheit in the service ands n er tt~o extreme winter weather. If demised premises are leased primaril fOT rposes, ANDLORD warrants that all floors are structurally adequate to sustain a 10. TAXES AND OBhIGATIONS. LANDLORD shall pay all taxes, assessments (whether general or specie:), and any other obligations which are or mayy become a lien on or levied against the demised premises and improvements as they may become due and pagable during the term of 'TENANT'S occupancy thereof, and make all payments ` required to he made under the terms of any mortgaggee or deed of trust which may at any time be a lien on the •, ~ premises. TENANT shall pay all taxes on its trterchandise, trade fixtures, and equipment. ' 11. INSURANCE. LANDI,OR1~ shall, at ail times during TENANT'S occuparuq, keep the improvements on snid prern- ises insured against fire and extended coverage to the extent of the full insurable value thereof, including all improvements, alterations, and additions which may be made, end all moneys collected from such insurance shall be used toward full compliance of the obligations of LANDLORD assumed under Section 16 hereof. Duplicate of such insurance policy(ies), prepared by insurance company, ahal! be furnished TENANT by LANDLORD if re- quested by TENANT. In further consideration of the rental payments to be made by TENANT, LANDLORD cove- nants that TENANT shall not be liable for damage to or destruction of LANDLORD'S property by any fire or other casualty from any cause whatsoever. " 12. SIGNS. TENAN'P maX,, ~~~~ yyyt~~.h si s o or about the remise or the improvements thereon as shall conform with City ordinances. :1~I~18N'1 s~ial~ repair ~riy damage to Walls ~ roof ~ structure or any other parts of building caused by erection or removal of signs. 13. ORDINANCES. In the event any public author ity shall require correction of violations of any statute, ordinance, regulation, or building code, corrections shall be made by LANDLORD at LANDLORD'S expense except as to such violations arising from alterations or additions made b~ TENANT, in which event TENANT'S violations shall be corrected by TENANT at TEN'ANT'S expense. TENANT :hall comply wdth all ordinances and regulatior_s of government authorities relating to keeping the premises rn an orderly condition and relating to the method of conducting TENANT'S business thereon. 14. rasa stn u- LORD'S omission but TENA on t ~ pn er this - Ra. ee 24~=G- . 15. DAMAGE. In case the premisOer shalT~6e a~o damaged by fire, earthquake, the elements, or any other casualty as to be untenantable, TENAN ay terminate this lease, and any rents paid by TENANT in advance shall be re- , lects not to terminate, or in any case in which said premises are damaged and not rendered untenan ,e, T shall remain in possession under the terms of this lease, in which case it may serve ss7it- ten demand upon LANDLORD for the repair or restoration of demised premises by LANDLORD, and LAND- LORD agrees forthwith to make such repairs and restorations as to restore the premises to their former state. reasonable If 1 NDL RD hall fail to in re air or restoration within fter such demand, or to complete time auc ~ reps ra or rea era ions svr reasons a promp Hess, en may elect to surrender said premises to LANDLORD, whereupon this lease shall terminate, or TENANT may make such repsirs and restorations as TEN- ANT deems necessary, at the expense of LANDLORD. In any cane in which the premises are damaged and TENANT retains possession rents from the date of commencement of the damage to the time of completion of repairs and restorations sh ~l be reduc~tt pro eta the ez-.ent that thgc *;r missy }lave bee untenant8bl~ ~J~t is agreed tizat un~enantablR s~lal~ mean dame a ~o a ex~en oII__ CC1J~~ p{{`` ~'E$~I~)T~e of~ tYtte i~n~rove~uel~t{S. i6. AL'T' ~'I may rpm Mme ems m e, a r s expense, alterations or additions, structural or other- wise, to the then existing improvements or any parts thereof as may be, in TENANT'S opinion, reasonably neces- sary or desirable for the co~d•=ct, improvement or expansion ofgqccTENANT'S bqquvvsinesspp, provigqd~ed }}t~~hej alteraGGtiddons do not diminish the usingg of the then e'1'19tlYAIV~p811a~1a nOLatIDank@reSLTl1CLUT&1sal~teraLleOI:S Or to affect anch valai} 110W0vAr . T~1VA1V.1 11 1 ad3ltions without first obtaining LA~DLORlltS written approval. 17. DEFAULT. If default be made by either party in any of the covl'nants herein and not rectified (or rectification not started and pursued with reasonable dispatch) by the defaulting party within fifteen (IF,) daps after receipt of written notice from the-other party, then this lease shall at the option of the party not in defsult forthwith cease and terminate. However, if party not in default intends to terminate this lease if said default is not so rectified, e statement to that effect shall be contained in said notice, and the party not in default sha!I not have the right to terminate this lease unless the notice corttaina such statement. If such statement is not contained in the first or any subsequent notice, partyy not in.default retains.ihe right to give a later notice containing such statement. It such default is committed by LANDLORD and not so rectified, TENANT at its option may instead take neces- sary steps to rectify the dotault at LANDLORD'S expense, anc apply accruinK rentals to reimburse itself for its expenditure therefor, together with interest at the rate of six per cent (6,'r) per annum. It such default is c~m- mitted by TENANT and not so rc~tified, LANDLORD may, by summary dispossess proceedings, reenter said premises, take possession of. the same, and expel TENANT or any party occupying said premises. and so to re- possess and enjoy the said premises. Should paid term at any time be ended by such election of LANDLORD, TE2IANT shalt surrender said premises peaceably to I,ANDI.ORD immediately upon such termination of said term. In addition to the above remedies, the party not in default shall also have the benefit of any app]icable legal remedy. iR. WAIVER. Failure of either party to insist upon strut performance of any covenant or condition of this :ease in any one or more instances shall not he construed as a waiver for the future of any such covenan± or condition, but the abme shall ba and remain in full force and effect. . "?r ..