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Last modified
10/4/2018 12:41:57 PM
Creation date
10/4/2018 12:29:30 PM
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Contracts
Company Name
RIO WEST LLC
Contract #
A-2018-212
Agency
POLICE
Council Approval Date
9/4/2018
Expiration Date
10/31/2019
Insurance Exp Date
1/1/1900
Destruction Year
2024
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then this Lease shall terminate unless Lessor rescinds Lessor's prior notice ars its intent to relocate Lessee within 10 days after Lessor's <br />receipt of Lessee's notice of cancellation. <br />42. Authority; Multiple Parties; Execution. ' <br />(a) II' either Party hereto is a corporation, trust. limited liability company, partnership, or similar entity, each individual <br />executing this Lease an behalf of such cntily represents and warrants that he or she is duly authorized to execute and deliver this Lease <br />on its behalf Each Party shall, within 30 days after request deliver la the other Party satisfactory evidence at such authority. <br />(b) Ir this Lease is executed by more than one person or emit) as "Lessee each such person or entity shall he jointly and <br />Severally Mable hereunder It is acreed that any one or the named Lessees shall be empowered to execute any amendment La this Lease, <br />ar ether document ancillary thereto and bind all of the named Lessees n d Lessor nay rely on the same as if ail of the malted Lessee; <br />hall e:;ecutcd such dacumunt. <br />(e) This Lease nay be executed by the Parties in counterparts. each of which shall he deemed an original and all at which <br />together shall constitute one and the same instrument. <br />43. Conflict. Any conflict between the printed provisions or this Lease and the typewritten or handwritten provisions shall be <br />controlled by the Lypewriue r or handwriuen provisions. <br />44. Offer. Preparation of this Lease by either Party or their agent and submission of same to the other Party shall not he deemed <br />an offer to lease to the other Party. This Lease is not intended to be hinding until executed and delivered by all Parties hereto. <br />45, Amendments. This Lease may be modified only in writine, signed by the Parties in interest at the time or the modification. <br />As long as they do not materially change Lessee's obligations hereunder, Lessee agrees to make such reasonable non -monetary <br />modifications to this Lease as may be reasonably required by a Lender in connection with the obtainine of normal financing or <br />reMancine or the Premises. <br />46. Arbitration of Disputes. An Addendum requiring the Arbitration of all disputes between the Parties arising out of this Lease <br />❑ is ❑X is not attached to this Lease. <br />47. Accessibility; Americans with Disabilities Act, <br />(a) The Premises: have not undereone an inspection by a Certified Access Specialist (CASA). Brave -aide gene an <br />inspection -by aEertiGed--Aeee rs-SPee41ist-(gyp)-and-44 was determ+ned-thot the {zrera+ses-mess-aFl--appl+eab4e-eenstfuetion-relates{ <br />aeeels+blFitytsEaWeFinaci-vikCmdu4533-Feusecfi9barvecrnde oenean+nsPeetiendyeGent+kter-l-Aeeess--Speeialist <br />(CA* -and -At Aas determ+ned-thiR t4x Fretrtises did get Bseei a}I-app cab e-ee s coot en -related --a eessib+ y s andards�a scant-te <br />C-aliler-nta QvtL Eede-§5-5.§-Fetseg: <br />(b) Since compliance with the Americans with Disabilities Act (ADA) is dependent upon Lessee's specific use of' tile <br />Premises, Lessor makes no warranty or representation as to whether or not the Premises comply with ADA or any similar leeislation. <br />In the event that Lessee's specific use orthe Premises and/or Lessee's Work or improvements to the Premises requires any modifications, <br />alterations or additions to the Premises in order to comply with the Accessibility Laws, such work shall be performed by Lessee at <br />Lessee's sole cast and expense. Subject to the terms of this Lease, Lessee shall indemnity, defend, hold harmless and reimburse Lessor <br />from and against any and all claims, actions, causes of action, dam demands, liabilities, obligations, lasses or expenses (specifically <br />including, but not limited to reasonable attorneys' fees, court costs, and expert witness fees), proceedings, suits, debts, or any claimed <br />indebtedness alleged aeainst Lessor, its agents and assiens, arising out of or in connection with, in whole or in part, directly or indirectly <br />(i) any use by Lessee of the Premises which is not in compliance with the Accessibility Laws, (ii) Lessee's failure to maintain the <br />Premises in compliance with the Accessibility Laws, and/or (iii) Lessee's Work or Improvements to the Premises which are not in <br />compliance with the Accessibility Laws, <br />48. Soldiers and Sailors Civil Relief Act (SSCRA). Lessee hereby certifies that he/she, individually, or any member or officer <br />of the Lessee Corporation, Partnership, LLC or any other Oreanizatio r is not currently an active member orany Branch or in the Reserve <br />OF any Branch of' the Armed Forces of the United States or America, and. Further waives all of his/her/their riehts to and under The <br />Soldiers and Sailors Civil Relief Act (SSCRA). <br />LESSOR AND LESSEE HAVE CAREFULLY READ AND REVIEWED THIS LEASE AND EACH TERM AND <br />PROVISION CONTAINED HEREIN. AND BY THE EXECUTION OF THIS LEASE SHOW THEIR INFORMED AND <br />VOLUNTARY CONSENT THERETO. THE PARTIES HEREBY AGREE THAT, AT THE TIME THIS LEASE IS EXECUTED, <br />THE TERMS OF THIS LEASE ARE COMMERCIALLY REASONABLE AND EFFECTUATE THE INTENT AND PURPOSE OF <br />LESSOR AND LESSEE WITH RESPECT TO THE PREMISES. <br />22 <br />
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