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 8. CONDITION;REPAIR. The City shall maintain and make necessary repairs to the interior and exterior of the Premises and the building of which the Premises is a part, excepting only that the City is not required to maintain the exterior and interior,non- structural portions of the area identified as"Store 5"in Exhibit E,which shall be the obligation of the tenant thereof. The City shall maintain the Leased Area in accordance with good practices and consistent with the District's standards for the maintenance of the District property. Upon termination of this Agreement,except for damage caused by fire or other perils,the City,at its expense,shall(a)surrender the Premises in the same or similar condition as existed at the time the Premises were accepted and possession taken by City, subject to reasonable wear resulting from uses permitted hereunder,and further subject to the City's obligations;(b)have removed all of the City's property from the Premises;(c)have repaired any damage to the Premises caused by the removal of the City's property;and(d) leave the Premises free of trash and debris and in"broom clean"condition. 9. DISTRICT'S RIGHT OF ENTRY The District or its employees or agents may enter the Premises at reasonable hours to inspect and do anything the District may be required to do hereunder or which the District may deem necessary for the good of the Leased Area or any portion of the building of which the Premises is a part. 10.PERSONAL PROPERTY. The District shall not be liable for any loss or damage to any merchandise,inventory,goods,fixtures,improvements,or personal property of the City in or about the Leased Area. 11.ALTERATIONS. Except as authorized by this Agreement,the City shall not make any material,structural,or other permanent alteration or addition in or to the Leased Area without the prior written consent of the District. 12.LEGAL REQUIREMENTS, The City shall comply with all laws,orders,ordinances,and other public requirements now or hereafter affecting the Leased Area and the Permitted Uses, and the City shall indemnify,defend,and hold the District harmless from expense or damage resulting from the City's failure to do so or to otherwise comply with any law,order, ordinance,or other public requirement. 13.FIXTURES. Except for the City's personal property,all buildings,repairs,alterations, additions, improvements,installations,and other non-trade fixtures installed or erected on the Leased Area,whether by or at the expense of District or City,shall belong to the District and shall remain on and be surrendered with the Premises at the expiration or termination of this Agreement. 14, COMMON AREA BATHROOMS. The City shall be responsible for janitorial services for the bathrooms in the building of which the Premises is a part and shall keep the bathrooms in a clean and sanitary condition.