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R2021-66 Resolution Authorizing the City Manager to Negotiate Terms and Conditions and Execute a Lease Agreement for Space on the 2nd Floor of the Decatur Public Library with Thinkwell Makerspace Industries, LLC
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R2021-66 Resolution Authorizing the City Manager to Negotiate Terms and Conditions and Execute a Lease Agreement for Space on the 2nd Floor of the Decatur Public Library with Thinkwell Makerspace Industries, LLC
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9/12/2024 2:23:23 PM
Creation date
4/21/2021 12:35:06 PM
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Resolution/Ordinance
Res Ord Num
R2021-66
Res Ord Title
R2021-66 Resolution Authorizing the City Manager to Negotiate Terms and Conditions and Execute a Lease Agreement for Space on the 2nd Floor of the Decatur Public Library with Thinkwell Makerspace Industries, LLC
Department
City Manager
Approved Date
4/19/2021
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11. Subleasing. Lessee shall not sublet Premises or assign this Lease without the <br /> express written agreement of City. <br /> 12. Damage/Casualty. City and Lessee agree that if Premises, or any part thereof, is <br /> damaged by fire, act of God, or other casualty, so as to render Premises untenantable, either party <br /> shall have the right to terminate this Lease as of the date on which such damage occurs, by <br /> written notice to the other, to be given within twenty (20) days after the occurrence of such <br /> damage. City shall not have any obligation to repair the premises. <br /> 13. Right of Entry. City and Lessee agree that City, or any person designated by <br /> City, shall have the right to enter the premises in the following circumstances and according to <br /> the following conditions: <br /> (a) In case of an emergency; <br /> (b) To make necessary repairs which Lessee fails to make, to make decorations, <br /> alterations, improvements or to exhibit the premises to potential purchasers, <br /> mortgagees,tenants, workmen, contractors, agents or similar persons; <br /> (c) When Lessee has abandoned or surrendered Premises; <br /> (d) In the event City needs to post notices which City may deem to be for the <br /> protection of Owner, Lessee, other persons or the property; and <br /> (e) For the purpose of inspecting the premises, as City may deem necessary for the <br /> protection and maintenance of Premises. <br /> 14. Default. If Lessee shall fail to perform any term of this Lease, after not less than <br /> five (5) days written notice of such default given in the manner required by law, then City, at <br /> City's option, may terminate all rights of Lessee hereunder, unless Lessee, within said time, shall <br /> cure such default. If Lessee abandons or vacates Premises on default, City may consider any <br /> property left on Premises to be abandoned and may dispose of the same in any manner City <br /> deems appropriate in City's sole discretion and Lessee shall have no recourse or claim against <br /> City for disposition of such property or any proceeds obtained by City from such disposition. <br /> City shall have the right to discard any abandoned property in City's sole discretion. Under no <br /> circumstances shall City be required or obligated to Lessee to store any property left by Lessee <br /> on the leased premises after Lessee vacates, abandons, or surrenders the leased premises. In the <br /> event it shall become necessary in the sole discretion of City to institute legal proceedings as a <br /> result of any breach of this Lease by Lessee, Lessee shall be responsible for all court costs and <br /> reasonable attorney's fees incurred by City. <br /> 15. Termination/Surrender/Holdover. City and Lessee may terminate this Lease <br /> upon One Hundred Eighty (180) days advance written notice to the other. Upon termination or <br /> expiration of this Lease, Lessee agrees to make an inspection of Premises with and in the <br /> presence of City and/or City's agent(s) on the date Lessee vacates the premises for the purpose of <br /> identifying damage to Premises, if any, and returning all keys, access and possession of the <br /> premises to City, and for the purpose of giving Lessee a final opportunity to notify City of any <br /> items which Lessee knows or reasonably should know are in need of maintenance, repair or <br /> removal, or any items or conditions which Lessee knows or reasonably should know may <br /> constitute or create a dangerous or hazardous condition. If Lessee shall, without the written <br /> Page 4 of 6 <br />
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