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20-17 Authorize Concession Lease with Cornucopia
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20-17 Authorize Concession Lease with Cornucopia
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10. PAYMENT OF TAXES. <br />(A) In general. Because the leased premises are in a public park and will not generate rent to the <br />lessor or income to a for - profit entity, it is not anticipated that any real property taxes or <br />assessments will be levied on the leased premises. In light of the foregoing, lessee and lessor <br />shall cooperate with one another in any proceedings or actions challenging the imposition of real <br />property taxes or assessments levied or to be levied on the leased premises, and shall pay all their <br />own costs and expenses in those proceedings or actions. Lessee is entitled to contest the amount <br />or validity of such taxes or assessments in its own name or in the city of the City, or both. In the <br />event any such proceedings or actions are unsuccessful, lessee or lessor may terminate this lease <br />or otherwise lessee shall pay promptly when due all real property taxes and assessments levied <br />on the leased premises, and personal property taxes, state, federal and municipal income taxes, <br />and social security, workers' compensation and unemployment compensation taxes, and all other <br />taxes and assessments due from lessee and for which a lien is or may be attached to the property <br />or leasehold interest. <br />(B) Proportionate share of real property taxes and assessments. Upon receipt of a bill for taxes or <br />assessments attributable to the leased premises, the City shall in turn bill lessee therefor. If the <br />tax billing is for an area greater than the leased premises, lessee shall pay the same proportion of <br />the total tax bill as the area of the leased premises bears to the total area of the premises being <br />taxed. <br />11. DISCHARGE OF LIENS. Lessee shall promptly pay and discharge or cause to be cancelled any <br />lien attaching to the leased premises or the leasehold interest, and arising from an act or omission <br />by lessee or its agents or employees, or arising from lessee's use and occupancy of the leased <br />premises, or its operations of the concession, including without limitation judgment liens, <br />mechanics' and materialmen's liens, workers' compensation and unemployment compensation <br />liens, federal tax liens, and other liens. <br />12. INSURANCE. <br />(A) In general. Lessee at its sole expense shall purchase and maintain in force, during the life of <br />the lease, policies of insurance as provided in this section. Lessee shall furnish to lessor <br />certificates or policies showing the insurance in force as of commencement of the term. <br />(B) Minimum limits. Lessee shall procure and maintain until all of its obligations have been <br />discharged insurance against claims for injury to persons or damage to property which may arise <br />from or in connection with the performance of the services hereunder by lessee, its agents, <br />representatives, employees or subcontractors. <br />The insurance requirements herein are minimum requirements for this lease and in no way limit <br />the indemnity covenants contained in this lease. Lessor in no way warrants that the minimum <br />limits contained herein are sufficient to protect lessee from liabilities that might arise out of the <br />performance of services under this lease by lessee, its agents, representatives, employees or <br />subcontractors, and lessee is free to purchase additional insurance. <br />4 <br />
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