RES 03043 - Laserfiche WebLink

.5 C'nn~tn~etinn hr'the lmprnvemerltS ATTACHMENT A The Lessee shall commence construction of the Improvements within ninety (90) days after the Date Of This Lease and shall diligently prosecute completion of the Improvements in accordance with the provisions of the Loan Documents. If the Developer Determines that completion of the Improvements is not feasible because Lessee discovers Hazardous Materials, as defined in Section 5.5, on the Property during its construction work. Lessee may terminate this Lease without fault. 3.6 Mnintemance nfthe Pm?ct Subject to Sections 6.1 and 6.2, during the Lease Term, the Lessee shall perform, or cause to be performed, all maintenance and repairs necessary, to maintain the Project in good repair and tenantable condition. The Lessee shall not permit the accumulation of waste or refuse matter on the Land or in the Project. The Lessee shall commit no act of waste and shall take good cam of the Project and the fixtures and appurtenances therein, and shall, in the use and occupancy of the Project, conform to all laws orders, and regulations of the federal, state, and municipal governments or any of their departments. From time to time, the Lessee may remodel, expand, rehabilitate, demolish in whole or in part, and reconstruct the Project, consistent with the requirements of this Lease, the City Regulatory Agreement (if applicable), and the Loan Documents. If Lessee chooses to remodel, expand, rehabilitate, or demolish the Project pursuant to this Section, and such work will exceed One Hundred Thousand Dollars ($100,000), adjusted for inflation, Lessee must obtain prior written approval from the Lessor before commencing such work. The One Hundred Thousand Dollars ($100,000) shall be adjusted for inflation by increasing or decreasing said number by the percentage increase or decrease in the Consumer Price Index (as defined in 5.1(e)(3)) from the Date Of This Lease to the date of the repairs and reconstruction performed pursuant to this Section. Not later than the last day of the Lease Terns, the Lessee shall, at the Lessee's expense, remove all of the Lessee's personal property and those improvements made by the Lessee that have not become the property of the Lessor: repair all injury done by or in connection with the removal of the Lessee's personal proper~y and improvements, and surrender the Project in good condition. Lessor shall agree to accept the Property with any damage not caused by the misuse or neglect of the Lessee, the Lessee's agents, the Residents. and the Resident's visitors, including damage related to reasonable wear and tear resulting from the elements or any remaining damage caused bg an event for which insurance coverage was not required under this Lease or the insurance coverage did not allow a complete restoration. The Lessee shall remove all personal property by the last day of the Lease Term if this Lease, unless agreed otherwise by the Lessor. All property of the Lessee remaining after the last day of the Lease Term shall be conclusively deemed abandoned and may be removed by the Lessor, and the Lessee shall reimburse the Lessor for the cost of such removal. The Lessor shall provide the Lessee with five (5) days prior notice before disposing of any such items. 12 144\105\153233.13