R2024-234 Resolution Authorizing Lease and Maintenance Agreement between The City of Decatur and Decatur Park District - Lake Decatur Marina

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EXHIBIT A 2. USE OF PREMISES. The City may use the Leased Area to fulfill its obligations under this Agreement, to operate its Lake Services Section in a manner consistent with its use as of this date(collectively,such uses,the"Permitted Uses"),and for no other purposes. The City, at the City's expense,shall perform all work required to prepare the Premises for the Permitted Uses. Thereafter,the City shall make no alterations to the Premises without the District's approval,which approval shall not be unreasonably withheld. The City's use of the Leased Area shall not unreasonably interfere with the operations of any other tenant located in the building of which the Premises is a part. 3. TERMINATION. The District agrees to give the City two(2)years written notice of termination of this Lease Agreement. 4. UTILITIES AND TAXES. The City will pay internet service,water,gas,electricity,and another utility expenses which are attributable to its operation on the Premises and shall pay any taxes which may be charged,imposed,assessed, or levied upon the leased Premises of the City or the City's operations therein. 5. CONTINUING OBLIGATIONS. The parties intend that the City's and the District's obligations under the Original Agreement and the Amendments shall continue under this Agreement except as altered by the terms of this Lease and Maintenance Agreement. The City is authorized to enter the District's property as necessary to comply with its obligations under this Agreement. Prior to performing any maintenance under this section, the City shall coordinate with the District to ensure maintenance is performed on mutually- agreeable dates. 6. LIENS. The City shall not allow any mechanic's or other lien for any labor,material,or other cause to attach to or affect the Leased Area or the building of which the Premises is a part. If any such lien is filed against the Leased Area or the building of which the Premises is a part based upon any act of the City or of anyone claiming through the City then,upon notice by the District,the City shall immediately take such action as will remove said lien or other encumbrance. If the City has not removed the lien or encumbrance within IS days after notice to the City by the district,the District may pay the amount of such lien or other encumbrance and that amount shall be owed by the City to the District and shall be paid by the City upon demand. 7. ADVERTISEMENTS. All of the city's advertisements and signage which may be placed on the exterior of the Premises or the Parking Area shall be subject to the approval of the District,which approval shall not be unreasonably withheld. For the avoidance of doubt, nothing in this Agreement shall be construed to grant the City the right to place advertisements or signage on the District's property other than the Leased Area without the District's written consent or as specified in this Agreement.