Maintenance and Repair of Premises. During the TERM of this AGREEMENT, and subject to the terms and conditions contained herein, ORGANIZATION, at its sole cost and expense, shall perform the following maintenance obligations with respect to the PREMISES: a. ORGANIZATION accepts the PREMISES in its current condition and hereby assumes all risk of injury, loss or damage, which may result from any defective conditions of the PREMISES or which may otherwise arise by reason of the use of PREMISES, and releases and discharges the CITY from any claims therefore. CITY shall not have any obligation to repair, remodel, replace, and/or reconstruct any building, facility, feature, or portion of the PREMISES, nor any appliance or fixture thereon, whether installed by CITY or ORGANIZATION, and regardless of cause. Depending on resources available, RAP may, but is not required to, repair, remodel, replace, and/or reconstruct any building or facility feature, or any portion of the PREMISES under ORGANIZATION’s use, including but not limited to any appliance or fixture thereon, whether installed by RAP or ORGANIZATION, and regardless of cause of damage, including heating-ventilation and air conditioning (HVAC) and other electrical systems. RAP shall utilize reasonable discretion when considering any required repairs and whether RAP is in a position or required to repair such deficiency. b. ORGANIZATION, in performing required maintenance and/or repair of the interior of the PREMISES as stated in this Section, shall notify RAP of the needed repair or replacement prior to performing any work, and if approved by RAP, shall provide at ORGANIZATION’s own expense, all staff and materials, supplies, equipment, and funds, to the extent applicable, and as necessary to perform. Such maintenance and/or repair shall be performed to the reasonable satisfaction of RAP, in accordance with the standards set forth herein and with advance notice to and in consultation with RAP’s designated representative, or by RAP’s written request and/or instruction. c. ORGANIZATION shall be responsible to: i. Comply with RAP’s posted kitchen rules when using the kitchen and ensure that the kitchen is clean after ORGANIZATION’s use; ii. Clean PREMISES areas and furniture utilized by ORGANIZATION, such as daily sweeping and mopping of the auditorium and stage floors utilizing RAP approved cleaning products, and wiping off and cleaning tables and chairs used; iii. Protect floors of gymnasium/auditorium and stage when in use. Acceptable forms of protection include a full floor cover for the gymnasium/auditorium, soft chair/table leg coverings, and felt pads on the bottom of any props or equipment that will be moved across the floor or stage; iv. Clean the Craft Room and ensure that it is accessible and available for RAP programming outside of PERMITTED TIMES unless express written consent from the PARK DIC is given for extended use; v. Provide paper towels, soap, and any cleaning products necessary for cleaning up after art projects and serving and cleaning up after snacks and meals; vi. Pick up and dispose of trash and debris; and vii. Secure all items belonging to ORGANIZATION at the conclusion of daily operations, including properly storing all its equipment. CITY and/or RAP shall not be responsible for the security of ORGANIZATION’s personal property before, during, or after PERMITTED TIMES. d. ORGANIZATION shall promptly repair any damages to the PREMISES, which is caused by ORGANIZATION and occurs during, or is associated with, ORGANIZATION operations, or that is caused by ORGANIZATION’s use of the PREMISES; ORGANIZATION recognizes that any damage which remains unrepaired may constitute a hazard to public safety in connection with its use thereof, unless such repair or damage is caused by the negligence or willful misconduct of CITY. e. ORGANIZATION may use RAP owned tables and chairs at the PREMISES without charge, however, ORGANIZATION agrees to be responsible to replace any tables and chairs ORGANIZATION uses that have, through wear and tear, deteriorated to the point where they are unsightly or no longer function properly, with similar type and similar or better quality. RAP staff at PREMISES shall determine which tables and chairs are to be replaced and when. RAP staff at PARK and ORGANIZATION shall jointly decide when making purchasing decisions on replacement tables and chairs. Tables and chairs purchased by ORGANIZATION to replace deteriorated ones will remain the property of RAP. f. Any damage to any exterior or interior glass at the PREMISES or PARK, caused by ORGANIZATION’s staff, contractors, vendors, service representatives or program participants, which occurs during the TERM of this AGREEMENT shall be promptly repaired or replaced at the sole cost and expense of ORGANIZATION with glass of substantially the same size, kind, and quality. g. To the extent resources are available, RAP may undertake to maintain or repair certain improvements, fixtures, trade fixtures, roof systems, plumbing, electrical, HVAC systems, building structure, and/or utility systems in place at the PREMISES or PARK as of the execution of this AGREEMENT, if originally installed by RAP. ORGANIZATION agrees and understands that RAP shall not guarantee any level of maintenance or repair because resource availability is unknown. In the event needed repairs impede the ability of ORGANIZATION to conduct operations, ORGANIZATION may (i) elect to undertake repairs at no cost to RAP or, (ii) elect to suspend operations in accordance with Section 17 below. h. Subject to the provisions of this AGREEMENT, to the extent that needed repairs are not made, ORGANIZATION waives any and all claims against CITY for damages or indemnification as a result of the failure to make repairs. i. RAP shall be responsible for maintenance and irrigation of the exterior grounds at the PARK and around the PREMISES. j. ORGANIZATION shall be allowed to perform emergency maintenance and repairs within the PREMISES, as required to prevent hazardous conditions and ensure the safety of the public. ORGANIZATION shall provide notification to RAP of any such needed repairs within forty-eight (48) hours from completion of the required work.
Appears in 1 contract
Maintenance and Repair of Premises. During the TERM of this AGREEMENT, and subject to the terms and conditions contained herein, ORGANIZATIONLICENSEE, at its sole cost and expense, shall perform the following functions of maintenance obligations with respect to and/or repair of the PREMISES:PREMISES as described herein.
a. ORGANIZATION LICENSEE accepts the PREMISES in its current condition and hereby assumes all risk of injury, loss or damage, which may result from any defective conditions of the PREMISES or which may otherwise arise by reason of the use of PREMISES, and releases and discharges the CITY from any claims therefore. CITY shall not have any obligation to repair, remodel, replace, and/or reconstruct any building, facility, feature, or portion of the PREMISES, nor any appliance or fixture thereon, whether installed by CITY or ORGANIZATIONLICENSEE, and regardless of cause. Depending on resources available, RAP may, but is not required to, repair, remodel, replace, and/or reconstruct any building or facility feature, or any portion of the PREMISES under ORGANIZATION’s use, including but not limited to any appliance or fixture thereon, whether installed by RAP or ORGANIZATION, and regardless of cause of damage, including heating-ventilation and air conditioning (HVAC) and other electrical systems. RAP shall utilize reasonable discretion when considering any required repairs and whether RAP is in a position or required to repair such deficiency.
b. ORGANIZATIONLICENSEE, in performing all required maintenance and/or and repair of the interior of the PREMISES as stated in this Section, shall notify RAP of the needed repair or replacement prior to performing any work, and if approved by RAPPREMISES, shall provide at ORGANIZATION’s own expense, all staff and materials, supplies, equipment, and funds, to the extent applicable, and as funds necessary to performperform appropriate maintenance and/or repairs. Such All maintenance and/or repair shall be performed to the reasonable satisfaction of RAP, in accordance with the standards set forth herein and with advance notice to CITY and in consultation with RAP’s CITY's designated representative, or by RAP’s CITY's written request and/or instruction.
c. ORGANIZATION LICENSEE shall be responsible toperform the following maintenance duties on daily basis:
i. Comply with RAP’s posted kitchen rules when using the kitchen Maintain PREMISES in a clean condition removing all debris and ensure that the kitchen is clean after ORGANIZATION’s usetrash;
ii. Clean Keep the PREMISES and the nearby areas and furniture utilized by ORGANIZATION, such as daily sweeping and mopping of the auditorium and stage floors utilizing RAP approved cleaning products, and wiping off and cleaning tables and chairs usedclean at all times;
iii. Protect floors of gymnasium/auditorium and stage when in use. Acceptable forms of protection include a full floor cover for the gymnasium/auditorium, soft chair/table leg coverings, and felt pads on the bottom of any props or equipment that will be moved across the floor or stage;
iv. Clean the Craft Room and ensure that it is accessible and available for RAP programming outside of PERMITTED TIMES unless express written consent from the PARK DIC is given for extended use;
v. Provide paper towels, soap, and any cleaning products necessary for cleaning up after art projects and serving and cleaning up after snacks and meals;
vi. Pick up and dispose of trash and debrisdebris whether by LICENSEE activity or activity of a contracted vendor or any participant of LICENSEE services; and
viiiv. Secure all items belonging Prevent any trash or debris matter or material from being or accumulating upon said PREMISES such that it is clearly visible to ORGANIZATION public view.
d. LICENSEE shall ensure that no offensive or dangerous materials, nor any substance constituting an unnecessary, unreasonable or material hazard detrimental to the public health, is permitted or allowed to remain on PREMISES.
e. LICENSEE shall be responsible for securing LICENSEE’s equipment and materials at the conclusion of daily operations, including properly storing all its equipmentPREMISES during PERMITTED TIMES and ensuring the same during non-operating hours. CITY and/or RAP shall not be responsible for the security of ORGANIZATION’s LICENSEE personal property before, during, or after PERMITTED TIMES.
d. ORGANIZATION f. LICENSEE shall promptly repair immediately repair, or cause to be repaired, any damages to the PREMISES, PREMISES which is caused by ORGANIZATION and occurs during, occur during LICENSEE’s activities or is associated with, ORGANIZATION operations, or that is caused by ORGANIZATIONLICENSEE’s use of the PREMISES; ORGANIZATION recognizes LICENSEE acknowledges that any damage which remains unrepaired may constitute a hazard to public safety in connection with its safety, requiring that all use thereof, unless such repair or damage is caused by the negligence or willful misconduct of CITY.
e. ORGANIZATION may use RAP owned tables and chairs at the PREMISES without charge, however, ORGANIZATION agrees to be responsible to replace any tables and chairs ORGANIZATION uses that have, through wear and tear, deteriorated to the point where they are unsightly or no longer function properly, with similar type and similar or better quality. RAP staff at PREMISES shall determine which tables and chairs are to be replaced and when. RAP staff at PARK and ORGANIZATION shall jointly decide when making purchasing decisions on replacement tables and chairs. Tables and chairs purchased by ORGANIZATION to replace deteriorated ones will remain the property of RAPimmediately cease.
f. Any damage to any exterior or interior glass at the PREMISES or PARK, caused by ORGANIZATION’s staff, contractors, vendors, service representatives or program participants, which occurs during the TERM of this AGREEMENT shall be promptly repaired or replaced at the sole cost and expense of ORGANIZATION with glass of substantially the same size, kind, and quality.
g. To the extent resources are available, RAP may undertake to maintain or repair certain improvements, fixtures, trade fixtures, roof systems, plumbing, electrical, HVAC systems, building structure, and/or utility systems in place at the PREMISES or PARK as of the execution of this AGREEMENT, if originally installed by RAP. ORGANIZATION agrees and understands that RAP shall not guarantee any level of maintenance or repair because resource availability is unknown. In the event needed repairs impede the ability of ORGANIZATION to conduct operations, ORGANIZATION may (i) elect to undertake repairs at no cost to RAP or, (ii) elect to suspend operations in accordance with Section 17 below.
h. Subject to the provisions of this AGREEMENT, to the extent that needed repairs are not made, ORGANIZATION waives any and all claims against CITY for damages or indemnification as a result of the failure to make repairs.
i. RAP shall be responsible for maintenance and irrigation of the exterior grounds at the PARK and around the PREMISES.
j. ORGANIZATION shall be allowed to perform emergency maintenance and repairs within the PREMISES, as required to prevent hazardous conditions and ensure the safety of the public. ORGANIZATION shall provide notification to RAP of any such needed repairs within forty-eight (48) hours from completion of the required work.
Appears in 1 contract
Samples: License Agreement
Maintenance and Repair of Premises. During Concessionaire shall be responsible for maintaining the TERM Premises, throughout the Term hereof, and delivering the same to the Authority at the termination of this AGREEMENTConcession Agreement, in good condition and repair, reasonable wear and tear excepted, and subject damage which the Authority is obligated to repair under ARTICLE XIII hereof also excepted. Without limiting the terms and conditions contained hereingenerality of this obligation, ORGANIZATIONConcessionaire will, at its sole cost and expense, shall perform the following maintenance obligations with respect to the PREMISES:
a. ORGANIZATION accepts the PREMISES in its current condition and hereby assumes all risk of injury, loss or damage, which may result from any defective conditions of the PREMISES or which may otherwise arise by reason of the use of PREMISES, and releases and discharges the CITY from any claims therefore. CITY shall not have any obligation to repair, remodel, replace, and/or reconstruct any building, facility, feature, or portion of the PREMISES, nor any appliance or fixture thereon, whether installed by CITY or ORGANIZATION, and regardless of cause. Depending on resources available, RAP may, but is not required to, repair, remodel, replace, and/or reconstruct any building or facility feature, or any portion of the PREMISES under ORGANIZATION’s use, including but not limited to any appliance or fixture thereon, whether installed by RAP or ORGANIZATION, and regardless of cause of damage, including heating-ventilation and air conditioning (HVAC) and other electrical systems. RAP shall utilize reasonable discretion when considering any required repairs and whether RAP is in a position or required to repair such deficiency.
b. ORGANIZATION, in performing required maintenance and/or repair of the interior of the PREMISES as stated in this Section, shall notify RAP of the needed repair or replacement prior to performing any work, and if approved by RAP, shall provide at ORGANIZATION’s own expense, be responsible as follows:
(A) Concessionaire shall repair and maintain all staff equipment, furniture, furnishings and materialsinstallations which are used within the Premises. Concessionaire shall be responsible, suppliesat its own expense, for the maintenance and repair of all lighting fixtures within the Premises, including the replacement of incandescent and fluorescent lamps, starters, ballasts and other similar appurtenances.
(B) Cleaning and maintenance of the Premises shall be conducted at a level consistent with that conducted and performed by the Authority in comparable space and in accordance with all applicable health and sanitation laws and regulations.
(C) Equipment storage and maintenance areas shall at all times be kept and maintained in a clean, orderly and sanitary condition, free of debris and oil spills. Flammable materials must be stored in containers and in locations which are approved by the Authority. Spare equipment not used in regular daily operations shall be stored in areas designated by the Authority and separately leased for such storage purposes.
(D) Concessionaire shall provide complete and proper arrangements for handling and disposal off the Airport of all garbage, trash, unused equipment, and funds, to other refuse resulting from Concessionaire's operations on the extent applicable, Airport; and as necessary to perform. Such maintenance and/or repair Concessionaire shall be performed to the reasonable satisfaction of RAPprovide and use suitable receptacles, in accordance with sufficient number, on the standards set forth herein Premises and with advance notice other areas used by Concessionaire, for the disposal of the same. Upon payment by Concessionaire of such charges as the Authority may assess therefor, Concessionaire shall have the right to and use the trash compactor of the Authority located on the service level of the Terminal Building for disposal of its refuse. Piling of boxes, cartons, barrels or other similar items in consultation with RAP’s designated representative, an unsafe or by RAP’s written request and/or instructionunsightly manner is forbidden.
c. ORGANIZATION (E) Concessionaire shall be responsible to:
i. Comply with RAP’s posted kitchen rules when using the kitchen and ensure that the kitchen is clean after ORGANIZATION’s use;
ii. Clean PREMISES areas and furniture utilized by ORGANIZATION, such as daily sweeping and mopping of the auditorium and stage floors utilizing RAP approved cleaning products, and wiping off and cleaning tables and chairs used;
iii. Protect floors of gymnasium/auditorium and stage when in use. Acceptable forms of protection include a full floor cover for the gymnasium/auditorium, soft chair/table leg coverings, and felt pads on the bottom of any props or equipment that will be moved across the floor or stage;
iv. Clean the Craft Room and ensure that it is accessible and available for RAP programming outside of PERMITTED TIMES unless express written consent from the PARK DIC is given for extended use;
v. Provide paper towels, soap, and any cleaning products necessary for cleaning up after art projects and serving and cleaning up after snacks and meals;
vi. Pick up and dispose of trash and debris; and
vii. Secure all items belonging to ORGANIZATION at the conclusion of daily operations, including properly storing all its equipment. CITY and/or RAP shall not be responsible for the security repair and maintenance of ORGANIZATION’s personal all plumbing which serves the Premises, including water lines from the point of connection with the Authority's main water line, and drains and waste lines to the point of connection with the Authority's main sewer line, whether such lines and such connections are within or outside the Premises. All drains shall be properly installed and sealed to prevent leakage, and Concessionaire shall install catch pans underneath all drains and waste lines where necessary to prevent leakage. Concessionaire is responsible for all material that is deposited in the plumbing system from the Premises and for cleaning the grease traps within the Premises. Concessionaire shall not deposit any drain cleaner or other chemical substances into the plumbing system which have not been approved in advance by the Executive Director. Concessionaire shall reimburse to the Authority upon demand all costs of repairing any damage to the Authority's plumbing or other property before, duringof the Authority resulting from a failure by Lessee to maintain the plumbing system serving the Premises, or after PERMITTED TIMESfrom any failure by Concessionaire to keep such plumbing system or the floors within the Premises in a watertight condition, or from any liquid, grease or other debris which has been deposited in such plumbing system that results in stoppage or other damage.
d. ORGANIZATION shall promptly repair any damages (F) Concessionaire will at all times keep the Premises free of insects, rodents, and other pests. If Concessionaire fails to perform its obligations under this Paragraph 8, the Authority may enter the Premises (without such entering being regarded as a termination of this Concession Agreement or an interference with the possession of the Premises by the Concessionaire) and do all things necessary to restore said Premises to the PREMISEScondition required by this Concession Agreement, which is caused by ORGANIZATION charging the cost and occurs duringexpense to Concessionaire, or is associated withand Concessionaire shall pay to the Authority all such costs and expenses in addition to the rentals, ORGANIZATION operationsfees, or that is caused by ORGANIZATION’s use and charges herein provided. Notwithstanding the foregoing provisions of this Paragraph 8, the PREMISES; ORGANIZATION recognizes that obligation of Concessionaire to maintain and repair the Premises shall not extend to the repair of any structural damage which remains unrepaired may constitute a hazard to public safety in connection with its use thereof, unless such repair or damage is thereto not caused by the willful act or by the negligence of Concessionaire, or willful misconduct of CITYits agents, employees, licensees, invitees, or customers.
e. ORGANIZATION may use RAP owned tables and chairs at the PREMISES without charge, however, ORGANIZATION agrees to be responsible to replace any tables and chairs ORGANIZATION uses that have, through wear and tear, deteriorated to the point where they are unsightly or no longer function properly, with similar type and similar or better quality. RAP staff at PREMISES shall determine which tables and chairs are to be replaced and when. RAP staff at PARK and ORGANIZATION shall jointly decide when making purchasing decisions on replacement tables and chairs. Tables and chairs purchased by ORGANIZATION to replace deteriorated ones will remain the property of RAP.
f. Any damage to any exterior or interior glass at the PREMISES or PARK, caused by ORGANIZATION’s staff, contractors, vendors, service representatives or program participants, which occurs during the TERM of this AGREEMENT shall be promptly repaired or replaced at the sole cost and expense of ORGANIZATION with glass of substantially the same size, kind, and quality.
g. To the extent resources are available, RAP may undertake to maintain or repair certain improvements, fixtures, trade fixtures, roof systems, plumbing, electrical, HVAC systems, building structure, and/or utility systems in place at the PREMISES or PARK as of the execution of this AGREEMENT, if originally installed by RAP. ORGANIZATION agrees and understands that RAP shall not guarantee any level of maintenance or repair because resource availability is unknown. In the event needed repairs impede the ability of ORGANIZATION to conduct operations, ORGANIZATION may (i) elect to undertake repairs at no cost to RAP or, (ii) elect to suspend operations in accordance with Section 17 below.
h. Subject to the provisions of this AGREEMENT, to the extent that needed repairs are not made, ORGANIZATION waives any and all claims against CITY for damages or indemnification as a result of the failure to make repairs.
i. RAP shall be responsible for maintenance and irrigation of the exterior grounds at the PARK and around the PREMISES.
j. ORGANIZATION shall be allowed to perform emergency maintenance and repairs within the PREMISES, as required to prevent hazardous conditions and ensure the safety of the public. ORGANIZATION shall provide notification to RAP of any such needed repairs within forty-eight (48) hours from completion of the required work.
Appears in 1 contract
Samples: Concession Agreement and Lease (Creative Host Services Inc)
Maintenance and Repair of Premises. During Tenant shall keep the TERM Premises and the Courtyard in good working order, repair and condition (which condition shall also be clean, sanitary, sightly and free of this AGREEMENTpests and rodents). Tenant’s obligations hereunder shall include but not be limited to Tenant’s trade fixtures and equipment, security gates, ceiling, walls, storefront, entrances, signs, interior decorations, floor-coverings, wall-coverings, entry and interior doors, exterior and interior glass, plumbing fixtures, light fixtures and bulbs, keys and locks, fire extinguishers and fire protection systems, and subject equipment and lines for water, sewer (including free flow up to the terms common sewer line), HVAC, electrical, gas, sprinkler and conditions contained hereinmechanical facilities, ORGANIZATIONand other systems and equipment which serve the Premises exclusively whether located within or outside the Premises, and all alterations and improvements to the Premises whether installed by the City or Tenant. Notwithstanding the foregoing, Tenant shall not be liable for any capital improvements to the Premises and/or replacement of any systems, including the electrical system, the plumbing, sewer and/or water system, the HVAC and/or relating to any structural components of the Premises, which shall remain the sole liability of the City. The City shall be solely responsible, at its sole cost and expenseexpenses, shall perform the following maintenance obligations with respect to the PREMISES:
a. ORGANIZATION accepts the PREMISES in its current condition for maintenance, repair and hereby assumes all risk of injury, loss or damage, which may result from any defective conditions replacements of the PREMISES or which may otherwise arise by reason structural portions of Joliet Union Station, Common Areas and the use of PREMISESCourtyard including, and releases and discharges the CITY from any claims therefore. CITY shall not have any obligation to repair, remodel, replace, and/or reconstruct any building, facility, feature, or portion of the PREMISES, nor any appliance or fixture thereon, whether installed by CITY or ORGANIZATION, and regardless of cause. Depending on resources available, RAP may, but is not required to, repair, remodel, replace, and/or reconstruct any building or facility feature, or any portion of the PREMISES under ORGANIZATION’s use, including but not limited to any appliance or fixture thereonto, whether installed by RAP or ORGANIZATIONthe foundation, exterior walls, roof, mechanical systems and regardless of cause of damage, including heating-ventilation and air conditioning (HVAC) and other electrical systems. RAP shall utilize reasonable discretion when considering any required repairs and whether RAP is in a position or required to repair such deficiency.
b. ORGANIZATION, in performing required maintenance and/or repair of the interior of the PREMISES as stated in this Section, shall notify RAP of the needed repair or replacement prior to performing any work, and if approved by RAP, shall provide at ORGANIZATION’s own expense, all staff and materials, supplies, equipment, and funds, for items that are related to the extent applicable, structural safety and as necessary to performintegrity of Joliet Union Station. Such maintenance and/or repair The City shall be performed to the reasonable satisfaction of RAP, in accordance with the standards set forth herein and with advance notice to and in consultation with RAP’s designated representative, or by RAP’s written request and/or instruction.
c. ORGANIZATION shall be responsible to:
i. Comply with RAP’s posted kitchen rules when using the kitchen and ensure that the kitchen is clean after ORGANIZATION’s use;
ii. Clean PREMISES areas and furniture utilized by ORGANIZATION, such as daily sweeping and mopping of the auditorium and stage floors utilizing RAP approved cleaning products, and wiping off and cleaning tables and chairs used;
iii. Protect floors of gymnasium/auditorium and stage when in use. Acceptable forms of protection include a full floor cover for the gymnasium/auditorium, soft chair/table leg coverings, and felt pads on the bottom of any props or equipment that will be moved across the floor or stage;
iv. Clean the Craft Room and ensure that it is accessible and available for RAP programming outside of PERMITTED TIMES unless express written consent from the PARK DIC is given for extended use;
v. Provide paper towels, soap, and any cleaning products necessary for cleaning up after art projects and serving and cleaning up after snacks and meals;
vi. Pick up and dispose of trash and debris; and
vii. Secure all items belonging to ORGANIZATION at the conclusion of daily operations, including properly storing all its equipment. CITY and/or RAP shall not also be responsible for the security shoveling of ORGANIZATION’s personal property before, during, or after PERMITTED TIMES.
d. ORGANIZATION shall promptly repair any damages the sidewalk adjacent to the PREMISES, which is caused by ORGANIZATION and occurs during, or is associated with, ORGANIZATION operations, or that is caused by ORGANIZATION’s use of the PREMISES; ORGANIZATION recognizes that any damage which remains unrepaired may constitute a hazard to public safety in connection with its use thereof, unless such repair or damage is caused by the negligence or willful misconduct of CITY.
e. ORGANIZATION may use RAP owned tables and chairs at the PREMISES without charge, however, ORGANIZATION agrees to be responsible to replace any tables and chairs ORGANIZATION uses that have, through wear and tear, deteriorated to the point where they are unsightly or no longer function properly, with similar type and similar or better qualityPremises. RAP staff at PREMISES shall determine which tables and chairs are to be replaced and when. RAP staff at PARK and ORGANIZATION shall jointly decide when making purchasing decisions on replacement tables and chairs. Tables and chairs purchased by ORGANIZATION to replace deteriorated ones will remain the property of RAP.
f. Any damage to any exterior or interior glass at the PREMISES or PARK, caused by ORGANIZATION’s staff, contractors, vendors, service representatives or program participants, which occurs during the TERM of this AGREEMENT shall be promptly repaired or replaced at the sole cost and expense of ORGANIZATION with glass of substantially the same size, kind, and quality.
g. To the extent resources are available, RAP may undertake to maintain or repair certain improvements, fixtures, trade fixtures, roof systems, plumbing, electrical, HVAC systems, building structure, and/or utility systems in place at the PREMISES or PARK as of the execution of this AGREEMENT, if originally installed by RAP. ORGANIZATION agrees and understands that RAP shall not guarantee any level of maintenance or repair because resource availability is unknown. In the event needed repairs impede the ability of ORGANIZATION to conduct operations, ORGANIZATION may (i) elect to undertake repairs at no cost to RAP or, (ii) elect to suspend operations in accordance with Section 17 below.
h. Subject to the provisions of this AGREEMENT, to the extent that needed repairs are not made, ORGANIZATION waives any and all claims against CITY for damages or indemnification as a result of the failure to make repairs.
i. RAP Tenant shall be responsible for maintenance and irrigation of janitorial services (e.g. cleaning) for the exterior grounds at the PARK and around the PREMISESCommon Areas utilized by Tenant’s customers.
j. ORGANIZATION shall be allowed to perform emergency maintenance and repairs within the PREMISES, as required to prevent hazardous conditions and ensure the safety of the public. ORGANIZATION shall provide notification to RAP of any such needed repairs within forty-eight (48) hours from completion of the required work.
Appears in 1 contract
Samples: Lease Agreement
Maintenance and Repair of Premises. During Tenant shall keep the TERM Premises and the Courtyard in good working order, repair and condition (which condition shall also be clean, sanitary, slightly and free of this AGREEMENTpests, rodents). Tenant's obligations hereunder shall include but not be limited to Tenant's trade fixtures and equipment, security gates, ceiling, walls, storefront, entrances, signs, interior decorations, floor- coverings, wall-coverings, entry and interior doors, exterior and interior glass, plumbing fixtures, light fixtures and bulbs, keys and locks, fire extinguishers and fire protection systems, and subject equipment and lines for water, sewer (including free flow up to the terms common sewer line), HVAC, electrical, gas, sprinkler and conditions contained hereinmechanical facilities, ORGANIZATIONand other systems and equipment which serve the Premises exclusively whether located within or outside the Premises, and all alterations and improvements to the Premises whether installed by the City or Tenant. Notwithstanding the foregoing, Tenant shall not be liable for any capital improvements to the Premises and/or replacement of any systems, including the electrical system, the plumbing, sewer and/or water system, the HVAC and/or relating to any structural components of the Premises, which shall remain the sole liability of the City. The City shall be solely responsible, at its sole cost and expenseexpenses, shall perform the following maintenance obligations with respect to the PREMISES:
a. ORGANIZATION accepts the PREMISES in its current condition for maintenance, repair and hereby assumes all risk of injury, loss or damage, which may result from any defective conditions replacements of the PREMISES or which may otherwise arise by reason structural portions of Joliet Union Station, Common Areas and the use of PREMISESCourtyard including, and releases and discharges the CITY from any claims therefore. CITY shall not have any obligation to repair, remodel, replace, and/or reconstruct any building, facility, feature, or portion of the PREMISES, nor any appliance or fixture thereon, whether installed by CITY or ORGANIZATION, and regardless of cause. Depending on resources available, RAP may, but is not required to, repair, remodel, replace, and/or reconstruct any building or facility feature, or any portion of the PREMISES under ORGANIZATION’s use, including but not limited to any appliance or fixture thereonto, whether installed by RAP or ORGANIZATIONthe foundation, exterior walls, roof, mechanical systems and regardless of cause of damage, including heating-ventilation and air conditioning (HVAC) and other electrical systems. RAP shall utilize reasonable discretion when considering any required repairs and whether RAP is in a position or required to repair such deficiency.
b. ORGANIZATION, in performing required maintenance and/or repair of the interior of the PREMISES as stated in this Section, shall notify RAP of the needed repair or replacement prior to performing any work, and if approved by RAP, shall provide at ORGANIZATION’s own expense, all staff and materials, supplies, equipment, and funds, for items that are related to the extent applicable, structural safety and as necessary to performintegrity of Joliet Union Station. Such maintenance and/or repair The City shall be performed to the reasonable satisfaction of RAP, in accordance with the standards set forth herein and with advance notice to and in consultation with RAP’s designated representative, or by RAP’s written request and/or instruction.
c. ORGANIZATION shall be responsible to:
i. Comply with RAP’s posted kitchen rules when using the kitchen and ensure that the kitchen is clean after ORGANIZATION’s use;
ii. Clean PREMISES areas and furniture utilized by ORGANIZATION, such as daily sweeping and mopping of the auditorium and stage floors utilizing RAP approved cleaning products, and wiping off and cleaning tables and chairs used;
iii. Protect floors of gymnasium/auditorium and stage when in use. Acceptable forms of protection include a full floor cover for the gymnasium/auditorium, soft chair/table leg coverings, and felt pads on the bottom of any props or equipment that will be moved across the floor or stage;
iv. Clean the Craft Room and ensure that it is accessible and available for RAP programming outside of PERMITTED TIMES unless express written consent from the PARK DIC is given for extended use;
v. Provide paper towels, soap, and any cleaning products necessary for cleaning up after art projects and serving and cleaning up after snacks and meals;
vi. Pick up and dispose of trash and debris; and
vii. Secure all items belonging to ORGANIZATION at the conclusion of daily operations, including properly storing all its equipment. CITY and/or RAP shall not also be responsible for the security shoveling of ORGANIZATION’s personal property before, during, or after PERMITTED TIMES.
d. ORGANIZATION shall promptly repair any damages the sidewalk adjacent to the PREMISES, which is caused by ORGANIZATION and occurs during, or is associated with, ORGANIZATION operations, or that is caused by ORGANIZATION’s use of the PREMISES; ORGANIZATION recognizes that any damage which remains unrepaired may constitute a hazard to public safety in connection with its use thereof, unless such repair or damage is caused by the negligence or willful misconduct of CITY.
e. ORGANIZATION may use RAP owned tables and chairs at the PREMISES without charge, however, ORGANIZATION agrees to be responsible to replace any tables and chairs ORGANIZATION uses that have, through wear and tear, deteriorated to the point where they are unsightly or no longer function properly, with similar type and similar or better qualityPremises. RAP staff at PREMISES shall determine which tables and chairs are to be replaced and when. RAP staff at PARK and ORGANIZATION shall jointly decide when making purchasing decisions on replacement tables and chairs. Tables and chairs purchased by ORGANIZATION to replace deteriorated ones will remain the property of RAP.
f. Any damage to any exterior or interior glass at the PREMISES or PARK, caused by ORGANIZATION’s staff, contractors, vendors, service representatives or program participants, which occurs during the TERM of this AGREEMENT shall be promptly repaired or replaced at the sole cost and expense of ORGANIZATION with glass of substantially the same size, kind, and quality.
g. To the extent resources are available, RAP may undertake to maintain or repair certain improvements, fixtures, trade fixtures, roof systems, plumbing, electrical, HVAC systems, building structure, and/or utility systems in place at the PREMISES or PARK as of the execution of this AGREEMENT, if originally installed by RAP. ORGANIZATION agrees and understands that RAP shall not guarantee any level of maintenance or repair because resource availability is unknown. In the event needed repairs impede the ability of ORGANIZATION to conduct operations, ORGANIZATION may (i) elect to undertake repairs at no cost to RAP or, (ii) elect to suspend operations in accordance with Section 17 below.
h. Subject to the provisions of this AGREEMENT, to the extent that needed repairs are not made, ORGANIZATION waives any and all claims against CITY for damages or indemnification as a result of the failure to make repairs.
i. RAP Tenant shall be responsible for maintenance and irrigation of janitorial services (e.g. cleaning) for the exterior grounds at the PARK and around the PREMISESCommon Areas utilized by Tenant's customers.
j. ORGANIZATION shall be allowed to perform emergency maintenance and repairs within the PREMISES, as required to prevent hazardous conditions and ensure the safety of the public. ORGANIZATION shall provide notification to RAP of any such needed repairs within forty-eight (48) hours from completion of the required work.
Appears in 1 contract
Samples: Lease Agreement
Maintenance and Repair of Premises. During the TERM of this AGREEMENT, and subject to the terms and conditions contained herein, ORGANIZATIONThe Tenant shall, at its sole the Tenant’s own cost and expense, shall perform maintain the following maintenance obligations with respect to leased Premises, make any needed repairs, maintain and repair the PREMISES:
a. ORGANIZATION accepts buildings and improvements on the PREMISES leased Premises during the term of this Lease and keep the buildings and improvements in its current condition and hereby assumes all risk of injury, loss or damage, which may result from any defective conditions of the PREMISES or which may otherwise arise by reason of the use of PREMISES, and releases and discharges the CITY from any claims therefore. CITY shall not have any obligation to repair, remodel, replace, and/or reconstruct any building, facility, feature, or portion of the PREMISES, nor any appliance or fixture thereon, whether installed by CITY or ORGANIZATION, and regardless of cause. Depending on resources available, RAP may, but is not required toas good order, repair, remodeland safe and clean condition as they were in at the date of this Lease, replacereasonable wear and tear excepted. Landlord shall maintain the Premises in a habitable condition at all times, subject to the following responsibilities of Tenant. Landlord shall keep the Premises in reasonable repair during the term of the Lease, except when disrepair is caused by the willful, malicious or irresponsible conduct of Tenant. Tenant shall: replace furnace and A/C filters on a semi- annual or more regular basis (not applicable in multi-unit building where filters are not accessible by Tenant), clear clogged sinks and toilets clogged by fault or negligence of Tenant or Tenant’s guests/invitees, and shall take appropriate measures to prevent and remedy pests caused by or contributed to by act or omission of Tenant. Without limiting the generality of the foregoing, Tenant shall:
(a) Not obstruct the driveways, sidewalks, courts, entryways, stairs and/or reconstruct halls, which shall be used for the purposes of ingress and egress only;
(b) Keep all windows, glass, window coverings, doors, locks, and hardware in good, clean order and repair;
(c) Not obstruct or cover the windows or doors other than with blinds or window treatments installed or approved by Landlord;
(d) Not leave windows or doors in an open position during any inclement weather;
(e) Not hang any laundry, clothing, sheets, etc. from any window, rail, porch, or balcony, nor air dry any of same within any yard area or space;
(f) Not cause or permit any locks or hooks to be placed upon any door or window without the prior written consent of Landlord;
(g) Keep all air conditioning filters clean and free from dirt (to the extent they are accessible by Tenant);
(h) Keep all lavatories, sinks, toilets, disposals, pump systems, and all other water and plumbing apparatus in good order and repair and shall use same only for the purposes for which they were constructed. Tenant shall not allow any sweepings, rubbish, sand, rags, ashes, bones, grease, or other substances to be thrown or deposited therein. Any damage to any such apparatus and the cost of clearing stopped plumbing resulting from misuse shall be borne by Tenant;
(i) Tenant, Occupants and guests/invitees of Tenant or Occupant shall at all times maintain order in the Premises and at all places on the Premises, and shall not make or permit any loud or improper nuisance, noises, or otherwise disturb other residents;
(j) Keep all radios, television sets, stereos, etc., turned down to a level of sound that does not unreasonably annoy or interfere with other residents or neighbors;
(k) Deposit all trash, garbage, rubbish or refuse in the locations provided therefore and shall not allow any trash, garbage, rubbish or refuse to be deposited or permitted to stand on the exterior of any building or facility featurewithin the common elements (if applicable);
(l) Abide by and be bound by the Governing Documents and/or any rules and regulations of any homeowners’ association affecting the Premises or the common area appurtenant thereto;
(m) Be responsible for any damaged or broken glass due to Tenant or Occupant, or any portion of the PREMISES under ORGANIZATION’s usetheir licensees, including but not limited to any appliance invitees or fixture thereonguests, whether installed by RAP arising from willful or ORGANIZATION, and regardless of cause of damage, including heating-ventilation and air conditioning (HVAC) and other electrical systemsnegligent conduct. RAP shall utilize reasonable discretion when considering any required repairs and whether RAP is in a position or required to repair such deficiency.
b. ORGANIZATION, in performing required maintenance and/or repair of the interior of the PREMISES as stated in this Section, shall notify RAP of the needed repair or replacement prior to performing any work, and if approved by RAP, shall provide at ORGANIZATION’s own expense, all staff and materials, supplies, equipment, and funds, to the extent applicable, and as necessary to perform. Such maintenance and/or repair shall be performed to the reasonable satisfaction of RAP, in accordance with the standards set forth herein and with advance notice to and in consultation with RAP’s designated representative, or by RAP’s written request and/or instruction.
c. ORGANIZATION shall be responsible to:
i. Comply with RAP’s posted kitchen rules when using the kitchen and ensure that the kitchen is clean after ORGANIZATION’s use;
ii. Clean PREMISES areas and furniture utilized by ORGANIZATION, such as daily sweeping and mopping of the auditorium and stage floors utilizing RAP approved cleaning products, and wiping off and cleaning tables and chairs used;
iii. Protect floors of gymnasium/auditorium and stage when in use. Acceptable forms of protection include a full floor cover for the gymnasium/auditorium, soft chair/table leg coverings, and felt pads on the bottom of any props or equipment that will be moved across the floor or stage;
iv. Clean the Craft Room and ensure that it is accessible and available for RAP programming outside of PERMITTED TIMES unless express written consent from the PARK DIC is given for extended use;
v. Provide paper towels, soap, and any cleaning products necessary for cleaning up after art projects and serving and cleaning up after snacks and meals;
vi. Pick up and dispose of trash and debris; and
vii. Secure all items belonging to ORGANIZATION at the conclusion of daily operations, including properly storing all its equipment. CITY and/or RAP Tenant shall not be responsible for the security of ORGANIZATION’s personal property before, during, any damaged or after PERMITTED TIMES.
d. ORGANIZATION shall promptly repair any damages to the PREMISES, which is broken glass caused by ORGANIZATION and occurs duringLandlord, inclement weather or is associated withActs of God;
(n) Leaking pipes, ORGANIZATION operations, or that is unless caused by ORGANIZATION’s use negligence of the PREMISES; ORGANIZATION recognizes that any damage which remains unrepaired may constitute a hazard to public safety in connection with its use thereofTenant, unless such repair or damage is caused by the negligence or willful misconduct of CITY.
e. ORGANIZATION may use RAP owned tables and chairs at the PREMISES without charge, however, ORGANIZATION agrees to be responsible to replace any tables and chairs ORGANIZATION uses that have, through wear and tear, deteriorated to the point where they are unsightly or no longer function properly, with similar type and similar or better quality. RAP staff at PREMISES shall determine which tables and chairs are to be replaced repaired by the Landlord within a reasonable time after notice, but the Landlord shall not be liable for any damages resulting from such leaks and/or overflows which are caused by Tenant’s willful or negligent behavior. Alteration of plumbing, appliances or fixtures is strictly prohibited;
(o) No signs, placards or advertising shall be placed on the Premises by Tenant or at Tenant’s discretion without the prior written consent of the Landlord;
(p) Light bulbs, batteries, and whenfilters of any kind are Tenant’s expense.
(q) The Premises is accepted as insect, rodent, and pest free by the Tenant at the time of the occupancy. RAP staff at PARK Tenant is responsible for insect, rodent, and ORGANIZATION shall jointly decide when making purchasing decisions pest control. If Tenant chooses not to correct such problems, as soon as known by or identified to Tenant, Landlord may pay for pest control or remediation, the cost of which may be assessed against Tenant;
(r) No auto repairs lasting more than 2 hours may be performed on replacement tables and chairs. Tables and chairs purchased by ORGANIZATION the Premises nor on any city street adjacent to replace deteriorated ones will remain the property (note that this may be further limited/restricted by any applicable association rules or covenants);
(s) Tenant agrees not to park or store a motor home, recreational vehicle, or trailer of RAP.any type on the Premises without prior written consent of Landlord;
f. Any damage (t) Tenant agrees to any exterior or interior glass at the PREMISES or PARK, caused by ORGANIZATION’s staff, contractors, vendors, service representatives or program participants, which occurs deice sidewalks and driveways as needed during the TERM of this AGREEMENT shall be promptly repaired or replaced at the sole cost and expense of ORGANIZATION with glass of substantially the same size, kind, and quality.winter months;
g. (u) To the extent resources the Premises are availablenot located in a community association which already provides maintenance services or Landlord performs maintenance on the Premises, RAP Tenant may undertake agree to maintain perform maintenance services, such as lawn care or repair certain improvementssnow removal or any other agreed-upon services, fixtures, trade fixtures, roof systems, plumbing, electrical, HVAC systems, building structure, and/or utility systems in place at the PREMISES or PARK as on behalf of the execution of Landlord as further described in Exhibit C to this AGREEMENTLease. Landlord and Tenant shall determine an agreeable compensation or rent credit based upon what services shall be performed by Tenant, if originally installed which shall be as described on Exhibit C. Any agreed-upon maintenance services performed by RAP. ORGANIZATION agrees and understands that RAP the Tenant shall not guarantee any level of maintenance or repair because resource availability is unknown. In the event needed repairs impede the ability of ORGANIZATION to conduct operations, ORGANIZATION may (i) elect to undertake repairs at no cost to RAP or, (ii) elect to suspend operations in accordance with Section 17 below.
h. Subject be limited to the provisions of this AGREEMENT, to the extent that needed repairs are not made, ORGANIZATION waives any and all claims against CITY for damages or indemnification as a result of the failure to make repairs.
i. RAP shall be responsible for maintenance and irrigation of the exterior grounds at the PARK and around the PREMISES.
j. ORGANIZATION shall be allowed to perform emergency maintenance and repairs within the PREMISES, as required to prevent hazardous conditions and ensure the safety of the public. ORGANIZATION shall provide notification to RAP of any such needed repairs within forty-eight (48) hours from completion of the required work.services described on Exhibit
Appears in 1 contract
Samples: Residential Lease Agreement
