29-2022 - Authorize HELP Foundation lease for Cove Bistro

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The policies, where permitted, shall be endorsed to include the following additional insured language: "The City of Lakewood, its departments, agencies, boards, commissions, officials, agents, and employees shall be named as additional insureds with respect to liability arising out of the activities performed by or on behalf of HELP Foundation, Inc." In addition, the City of Lakewood shall be given at least ten (10) days' notice of cancellation of such policies. Policies, where permitted, shall contain a waiver of subrogation against the City, its departments, agencies, boards, commissions, officials, agents, and employees for losses arising from services performed by or on behalf of lessee under this lease. 13. LOSS OR DAMAGE TO LEASED PREMISES. (A) Assessment of damage. In the event the leased premises are damaged through fire or other casualty, the lessee without delay shall contact claims adjusters, architects, contractors, damage repair specialists or other competent persons to make estimates of needed repairs, including estimates of the time such repairs will reasonably require to effect. (B) Damage repairable within ninety days. In the event repairs can reasonably be effected and the property restored to usable condition within ninety days from the date of the fire or other casualty, lessee shall proceed promptly to make such repairs. Provided the repairs are prosecuted with diligence, and any delay is not occasioned by lessee's fault, the duty to make rent payments shall be abated until the premises are restored to operating condition. (C) Damage not repairable within ninety days. In the event repairs cannot reasonably be effected and the property restored to usable condition within ninety days from the date of the fire or other casualty, lessee at its option may terminate the lease by giving written notice of termination, in which case all insurance proceeds covering the loss shall be paid to the City. 14. INDEMNIFICATION. Lessee agrees to indemnify and hold the City harmless from any liability for injuries or death to persons or loss or damage to property arising from any act or omission of lessee, or its agents or employees, with respect to its use or occupancy of the leased premises or operations at Cove Community Center.. Lessee agrees to give the City prompt notice of any claim or suit which may result in a judgment against the City. Lessee is entitled to compromise, defend or participate in the defense of any such claim or suit to the extent of its interest. 15. ASSIGNMENT AND SUBLETTING. Lessee shall not assign this lease or any interest in the lease, or sublet any part of the leased premises, without the written consent of the Mayor of the City, which may be granted or withheld in the Mayor's sole and exclusive discretion. 16. TAKING OF PREMISES FOR EXPANSION OR DEVELOPMENT. Although currently there are no plans to do so, the City may recover possession of all or part of the leased premises for purposes of expansion or development of Cove Community Center on ninety days' written notice to lessee. In the event of a taking or partial taking by the City under this section, the lessee may: (A) Accept other premises offered by the City to replace the leased premises, and continue operations under this lease in the replacement premises. In such case, any rent charged hereunder may be further negotiated by the parties;