10-27-2025 - Agenda Packet City Council - Regular Meeting

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right to terminate this Lease, provided it gives written notice thereof to the Tenant within ninety (90) days after the date of taking. If a portion of the Leased Premises is taken by eminent domain and this Lease is not terminated by Landlord, the Landlord shall, at its expense, restore the Leased Premises to as near the condition which existed immediately prior to the date of taking as reasonably possible, and the rentals shall abate during such period of time as the Leased Premises are untenantable, in the proportion that the untenantable portion of the Leased Premises bears to the entire Leased Premises. All damages awarded for such taking under the power of eminent domain shall belong to and be the sole property of Landlord, irrespective of the basis upon which they are awarded; provided, however, that nothing contained herein shall prevent Tenant from making a separate claim to the condemning authority for its moving expenses and trade fixtures. For purposes of this Article, a taking by eminent domain shall include Landlord's giving of a deed under threat of condemnation. ARTICLE 17 - SURRENDER On the last day of the Term of this Lease or on the sooner termination thereof in accordance with the terms hereof, Tenant shall peaceably surrender the Leased Premises in good condition and repair consistent with Tenant's duty to make repairs as provided in Article 8 hereof. On or before said last day, Tenant shall at its expense remove all of its equipment and personal property from the Leased Premises, repairing any damage caused thereby, and any property not removed shall be deemed abandoned. All alterations, additions and fixtures other than Tenant's trade fixtures, which have been made or installed by either Landlord or Tenant upon the Leased Premises shall remain as Landlord's property and shall be surrendered with the Leased Premises as a part thereof, or shall be removed by Tenant, at the option of Landlord, in which event Tenant shall at its expense repair any damage caused thereby. If the Leased Premises are not surrendered, on the last day of the Term of this Lease or on the sooner termination thereof in accordance with the terms hereof, Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant in so surrendering the Leased Premises, including, without limitation, claims made by any succeeding tenant founded on such delay. Tenant shall promptly surrender all keys for the Leased Premises to Landlord at the place then fixed for payment of rental and shall inform Landlord of combinations on any locks and safes on the Leased Premises. ARTICLE 18 - NONPAYMENT OF RENT, DEFAULTS If any one or more of the following events shall occur, it shall be a "Default" under the terms of this Lease: (1) a rent payment or any other undisputed payment due from Tenant to Landlord shall be and remain unpaid in whole or in part for more than sixty (60) days after written notice of the delinquency; (2) Tenant shall fail to utilize the Leased Premises as a fire station in violation of Article 3; or (3) Tenant shall violate or default on any of the other covenants, agreements, stipulations or conditions herein, and such violation or default shall continue for a period of sixty (60) days after written notice from Landlord of such violation or default; then it shall be optional for Landlord, without further notice or demand, to cure such default (if applicable) or to declare this Lease forfeited and the Term hereof ended and Landlord shall be entitled to sue Tenant for all sums due under this Lease or which become due prior to judgment, but such suit shall not bar subsequent suits for any further sums coming due thereafter. Excepting amounts deemed delinquent at the time of termination, Tenant's obligation to pay Rent or 237419v9 93