Condition and Use of Demised Premises. (a) Tenant may only use the Premises for the construction and operation of the Library and for no other purpose without Landlord’s prior written consent. Further, Tenant shall at all times in the use of the Demised Premises and the performance of this Lease comply with all laws, ordinances, decrees, orders, rules and regulations of any lawful authority, agency or governmental unit having jurisdiction over the Demised Premises required by any such authority, agency or governmental unit and shall save Landlord harmless from penalties, fines, costs, expenses or damages resulting from failure to do so. Without limiting the generality of the foregoing, Tenant shall not do or permit any act or thing which might impair the value of the Demised Premises or any part thereof or which constitutes a public or private nuisance. (b) Landlord makes no representation or warranty with respect to the condition of the Demised Premises or its fitness or availability for any particular use or purpose and shall not be liable for any latent or patent defect therein. (c) Tenant shall be able to construct and maintain as part of the Demised Premises Forty-Nine (49) surface parking spaces for use by patrons of the Library (“Surface Lot”). At all times during the Term of this Lease and any Renewal Term, Tenant shall be solely and exclusively responsible for all maintenance of the Surface Lot, and all operational expenses associated therewith. The Landlord shall retain the right to replace said parking spaces during the Term of this Lease if a plan for construction of a parking garage in lieu of the Surface Lot is agreed upon between the Parties. In the event that any of the 49 parking spaces are displaced by future development of the parking deck, the Town shall ensure that a like number of ADA compliant light asphalt paved parking spaces and other reserved spaces identified herein, remain available for the use of the Library patrons and County staff in the same proximity to the Library building as currently located. These spaces must be striped and reserved for library use. The spaces shall be available within the Project demonstration area prior to availability in the parking deck anticipated to be part of the Project. The Town shall be responsible for the cost and maintenance of replacement parking spaces with no contribution from the County. Nothing herein shall prevent Town from delegating this responsibility to a third-party developer, provided that the Town remains liable to County for performance of this obligation. The County must approve the location of the parking spaces in advance of construction. County approval shall not be unreasonably withheld as long as the spaces meet the criteria outlined in this section. Should Landlord replace the Surface Lot with other parking spaces or a parking garage owned by Landlord, Landlord shall thereafter assume all maintenance and operational costs and responsibility associated therewith. Library patrons shall at all times during the Term hereof be permitted to use the Parking Garage free of charge. No less than 2 ADA parking spaces, 1 parking space reserved for vehicle maintenance, and 2 parking spaces reserved for book returns shall be maintained in their present location in front of the library as shown on the site plan. No less than 44 accessible spaces shall be relocated within the parking deck. This provision shall be made part of any agreement between the Town and a third-party developer of the Project. (d) During the Term of this Lease, patrons of the Library shall additionally enjoy the non-exclusive right to use an additional Twenty (20) parking spaces as street parking alongside Fox Glove Drive and the extension of Carolina Avenue (“Additional Parking”). Tenant shall have no right hereunder to install signage regarding the Additional Parking or to otherwise attempt to restrict use of the Additional Parking to use by Library patrons to the exclusion of the general public; however, signage may be installed by County at library identifying additional street parking available for Library patrons and County staff. (e) During the Term of this Lease, Tenant shall be allowed to use and maintain a commercial container area adjacent to the Surface Lot (“Container Site”). Tenant shall be solely responsible for all maintenance and operational costs and responsibility associated with the Container Site. Tenant’s right to the Container Site shall at all times during the Term hereof be subject to Landlord’s right to allow a private developer to relocate the Container Site, within its discretion and without approval of Tenant, to a location within the southeast quadrant of the Town Center Core Project, a true and accurate depiction of which is attached hereto as Exhibit B.
Appears in 1 contract
Sources: Ground Lease Agreement
Condition and Use of Demised Premises. (a) Tenant may only use the Premises for the construction and operation of the Library and for no other purpose without Landlord’s prior written consent. Further, Tenant shall at all times in the use of the Demised Premises and the performance of this Lease comply with all laws, ordinances, decrees, orders, rules and regulations of any lawful authority, agency or governmental unit having jurisdiction over the Demised Premises required by any such authority, agency or governmental unit and shall save Landlord harmless from penalties, fines, costs, expenses or damages resulting from failure to do so. Without limiting the generality of the foregoing, Tenant shall not do or permit any act or thing which might impair the value of the Demised Premises or any part thereof or which constitutes a public or private nuisance.
(b) Landlord makes no representation or warranty with respect to the condition of the Demised Premises or its fitness or availability for any particular use or purpose and shall not be liable for any latent or patent defect therein.
(c) Tenant shall be able to construct and maintain as part of the Demised Premises Forty-Nine (49) surface parking spaces for use by patrons of the Library (“Surface Lot”). At all times during the Term of this Lease and any Renewal Term, Tenant shall be solely and exclusively responsible for all maintenance of the Surface Lot, and all operational expenses associated therewith. The Landlord shall retain the right to replace said parking spaces during the Term of this Lease if a plan for construction of a parking garage in lieu of the Surface Lot is agreed upon between the Parties. In the event that any of the 49 parking spaces are displaced by future development of the parking deck, the Town shall ensure that a like number of ADA compliant light asphalt paved parking spaces and other reserved spaces identified herein, remain available for the use of the Library patrons and County staff in the same proximity to the Library building as currently located. These spaces must be striped and reserved for library use. The spaces shall be available within the Project demonstration area prior to availability in the parking deck anticipated to be part of the Project. The Town shall be responsible for the cost and maintenance of replacement parking spaces with no contribution from the County. Nothing herein shall prevent Town from delegating this responsibility to a third-party developer, provided that the Town remains liable to County for performance of this obligation. The County must approve the location of the parking spaces in advance of construction. County approval shall not be unreasonably withheld as long as the spaces meet the criteria outlined in this section. Should Landlord replace the Surface Lot with other parking spaces or a parking garage owned by Landlord, Landlord shall thereafter assume all maintenance and operational costs and responsibility associated therewith. Library patrons shall at all times during the Term hereof be permitted to use the Parking Garage free of charge. No less than 2 ADA parking spaces, 1 parking space reserved for vehicle maintenance, and 2 parking spaces reserved for book returns shall be maintained in their present location in front of the library as shown on the site plan. No less than 44 accessible spaces shall be relocated within the parking deck. This provision shall be made part of any agreement between the Town and a third-party developer of the Project.
(d) During the Term of this Lease, patrons of the Library shall additionally enjoy the non-exclusive right to use an additional Twenty (20) parking spaces as street parking alongside Fox Glove Drive and the extension of Carolina Avenue (“Additional Parking”). Tenant shall have no right hereunder to install signage regarding the Additional Parking or to otherwise attempt to restrict use of the Additional Parking to use by Library patrons to the exclusion of the general public; however, signage may be installed by County at library identifying additional street parking available for Library patrons and County staff.
(e) During the Term of this Lease, Tenant shall be allowed to use and maintain a commercial container area adjacent to the Surface Lot (“Container Site”). Tenant shall be solely responsible for all maintenance and operational costs and responsibility associated with the Container Site. Tenant’s right to the Container Site shall maintained at all times during the Term hereof be subject to Landlord’s right to allow a private developer to relocate the Container Site, within its discretion and without approval of Tenant, to a location within the southeast quadrant of the Town Center Core Project, a true and accurate depiction of which is attached hereto as Exhibit B.
Appears in 1 contract
Sources: Ground Lease Agreement