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 15.DESTRUCTION OF PREMISES. In the event the Premises are destroyed or rendered wholly uninhabitable by fire,storm,earthquake,or other casualty not caused by the negligence or willful misconduct of City,the Agreement shall terminate from such time except for the purpose of enforcing rights that have then accrued hereunder, 16. DEFAULT AND REMEDIES. If(a)the City fails to comply with any term,provision, condition,or covenant of this Agreement; (b)the City deserts or vacates the Premises;or(c) any petition is filed by or against the City under any section or chapter of the United States Bankruptcy Code,as amended,or under any similar law or statute of the United States or any state thereof,then the City shall be in default under this Agreement. In the event of default by the City,the District may,upon ten days'prior written notice,in addition to and not in limitation of any other remedy permitted by law,enter upon the Leased Area either with or without process of law,and expel,remove,and put out the City or any other persons thereon, together with all personal property. The District may at any time terminate this Agreement by reason of any default,and in addition to any other remedy it may have, it may recover from the City the amount of rent due or becoming due for the period retraining in the then-current term as well as any other sums due or becoming due from the City to the District under this Agreement. Notwithstanding anything herein to the contrary,in the event that,in the Districts reasonable discretion,the City fails to maintain the Leased Area or to perform any of its other obligations under Section 6 of this Agreement,the District may,with or without terminating this Agreement,perform such obligations and charge the City with the reasonable costs and expenses of performing those obligations and with all other costs and expenses arising out of the same. Any such costs and expenses shall be presumptively reasonable,and the City shall pay those costs and expenses upon receipt of an invoice from District. 17. ASSIGNMENT AND SUBLETTING. The City shall not assign,transfer,or encumber this Agreement and shall not sublease the Leased Area or any part thereof or allow any other person to be in possession thereof without the prior written consent of District,in each and every instance. 18.WAIVER. The rights and remedies of the District under this Agreement,as well as those provided by law,shall be cumulative,and none shall be exclusive of any other rights or remedies. A waiver by the District of any breach or default of the City shall not be deemed or construed to implied, for any subsequent breach or default. The acceptance by the District of any installment of rent subsequent to the date the same should have been paid shall not after the covenant and obligation of the City to pay subsequent installments of rent promptly upon the due date. Receipt by the District of partial payment after the City's default shall not be construed to be or constitute a cure of any such default. No receipt of money by the District before or after the termination of this Agreement shall in any way reinstate,continue, or extend the term above demised,or constitute waiver of any default.