2023-079 Resolution - Laserfiche WebLink

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other real property owned by Lessor without requiring additional compensation from Lessee or Lessee's licensee(s) or sublessee(s). Lessor shall, upon Lessee's request, execute within fifieen (15) days a separate written easement to the utility company providing the service or Lessee in a form which may be filed of record evidencing this right. Lessee shall, prior to any ground clearing, tree removal, installation of access drives or underground utility lines, conduct a tree survey and present improvement plans to the Lessor. Lessee's improvement plans shall be subject to review and approval by Lessor and Lessee shall not initiate such improvement prior to plan approval and issuance of any and all required state and local permits. (c) Lessor grants to Lessee, its officers, agents, employees, sublessees, licensees and their independent contractors, the right and privilege to enter upon the Premises and the Parent Tract, to perform or cause to be performed test borings of the soil, environmental audits, engineering studies and to conduct a survey of the Premises and all or part of the Parent Tract. Lessor grants Lessee and its sublessees and licensees a license to use such portion of Lessor's property contiguous to the Premises on a temporary basis as reasonably required during the Term or any Renewal Term of this Lease for the construction, installation, maintenance or removal of the Improvements, including access for construction machinery and equipment, storage of constmetiou materials and equipment and staging areas. (d) Lessor represents and warrants to Lessee that Lessee shall at all times during this Lease enjoy ingress, egress and emergency access from the Premises twenty-four (24) hours a day, seven (7) days a week to an open and improved public road which presently exists and which shall be adequate to service the Premises and the Improvements. If no such public road exists or ceases to exist in the future, Lessor will grant an exclusive easement to Lessee, Lessee's sublessees and assigns so that Lessee may, at its own expense, construct a suitable private access drive to the Premises and the Improvements. To the degree such access is across other property owned by Lessor, Lessor shall execute an easement within fifteen (15) days of evidencing this right and Lessor shall maintain access to the Easement in a free and open condition so that no interference is caused to Lessee by other lessees, licensees, invitees or agents of the Lessor which may utilize the Easement. 15. Termination. Except as otherwise provided herein, this Lease may be terminated, without any penalty or further liability upon written notice as follows: (a) By either party upon a default of any covenant or term hereof by the other party which default is not cured within sixty (60) days of receipt of written notice of default (without, however, limiting any other rights available to the parties pursuant to any other provisions hereof); provided, that if the defaulting party commences good faith efforts to cure the default within such period the cure period may be extended upon mutual agreement, in writing, of the parties hereto; (b) Upon thirty (30) days' written notice by Lessee to Lessor if (i) Lessee is unable to obtain or maintain any license, permit or other Governmental Approval necessary for the construction and operation of the Improvements or Lessee's business, or (ii) Lessee's Intended Use of the Premises is actually or constructively interfered with or technological obsolescence; or (iii) Lessee's suffers loss of tenancy due to bankruptcy rendering financial performance impossible; and Notwithstanding termination, the Lessee shall continue to pay Rents pending removal of the Improvements, which removal shall occur within 180 days at Lessee's expense. TowmCo Site Name: Norah Olmsted Pmk Tow.C. Site Number: OHMOI