PUBLIC UTILITIES AND SERVICES. Tenant agrees to pay or cause to be paid all charges for separately metered and/or separately billed by third party suppliers for all gas, water, sewer, electricity, light, heat, power, steam, air-conditioning, telephone or other communication service or other utility or service used, rendered or supplied to, upon or in connection with the Demised Premises or Tenant’s occupation and use thereof throughout the term of this Lease, and to indemnity, defend and save harmless Landlord from and against any liability, costs, expenses, claims or damages on such
PUBLIC UTILITIES AND SERVICES. Utilities and services to the development will be provided as follows: Applicant: Zoned Properties, Inc. 00000 X. Xxxxxxxxxx Xxxx., Xxxxx 000 Xxxxxxxxxx, XX 00000 Xxxxx XxXxxxx 000-000-0000 Property Owners: ABA Enterprises, LLC & Chino Valley Properties, LLC c/o Zoned Properties, Inc. 00000 X. Xxxxxxxxxx Xxxx., Xxxxx 000 Xxxxxxxxxx, XX 00000 Xxxxx XxXxxxx 00000 X. Xxxxxxxxxx Xxxx #000 Xxxxxxxxxx, XX 00000 Land Use Counsel: Pew & Lake, PLC 0000 Xxxxx Xxx Xxxxx Xxxxx, Xxxxx 000 Xxxx, XX 00000 W. Xxxxx Xxx 480-461-4670 Xxxxxx Law Xxxxxx 0000 Xxxx Xxxxxxxxx, Xxxxx 000 Xxxxxxx, XX 00000 Xxxx Xxxxxx 602-508-9010
PUBLIC UTILITIES AND SERVICES. Section 11.01 Lessee agrees to pay or cause to be paid all charges for gas, water, sewer, electricity, light, heat, power, steam, air- conditioning, telephone or other communication service or other utility or service used, rendered or supplied to, upon or in connection with the Demised Premises or the buildings and improvements on or above or below the Demised Premises throughout the Demised Term and to indemnify Lessor and save it harmless against any liability or damages on such account.
Section 11.02 Lessor shall not be liable for any damage, loss or expense incurred by Lessee by reason of any interruption or failure of the utilities and services provided to the Demised Premises unless caused by the willful misconduct or gross negligence of Lessor. Lessor may, with notice to Lessee, or without notice in case of emergency, cut off and discontinue utilities and services when such discontinuance is necessary in order to make repairs or alterations. No such action shall be construed as an eviction or disturbance of possession by Lessor, provided Lessor acts with due diligence in making such repairs and alterations. No discontinuance should be construed as a constructive or actual eviction nor should it cause an abatement of rent or operate to release Lessee from any of Lessee's obligations.
PUBLIC UTILITIES AND SERVICES. Proposed development shall assure that there are adequate public utilities and services and shall be accompanied by reasonable measures to assure the availability of such services concurrent with the creation of the need for the services. There shall be a general demonstration that police, fire, emergency, water, sewer, school, recreation, and other necessary utilities and public services will be available to accommodate the proposed development. The development agreement shall provide for regular monitoring, reporting, and evaluation of the effectiveness of the development standards.
PUBLIC UTILITIES AND SERVICES. Water service will be provided by EPCOR. There is an existing 12-inch water line which extends east along Northern Avenue where it turns south past the 151st Avenue alignment and enters Luke Air Force Base (LAFB). As part of Reems Ranch, a proposed 12-inch water line is anticipated to be installed from the existing 12-inch water line in Northern Avenue south along Reems Road and the 151st Avenue alignment parallel to the western and eastern boundaries of the development, respectively. Proposed pressure reducing valve (PRV) stations will be installed on both 12-inch water lines south of Northern Avenue which serves as the pressure zone boundary between Zones 1 and 2 of EPCOR’s water system. Internal 8-inch and 12-inch water lines will connect to the 12-inch water lines along Reems Road and the 000xx Xxxxxx alignment, creating a looped water system to serve the development. Wastewater service will also be provided by EPCOR. There is currently no existing wastewater infrastructure within the vicinity of the development. Wastewater generated from the development will generally outfall to the eastern and southeastern boundaries of the development to a proposed 27-inch sewer main that is anticipated to be constructed prior to the development. This sewer main will generally convey wastewater flows southwest and south, upsizing from 27- inches to 30-inches before connecting to an existing 36-inch sewer main near the intersection of Sarival Road and the Missouri Road alignment. This existing 36-inch sewer main then flows east to the new Luke 303 Water Reclamation Facility currently under construction located south of the Missouri Avenue alignment and east of Xxxxx Road. Electric, natural gas and telecom service is available from APS, Southwest Gas, and Xxx Communications, respectively. Fire protection will be provided by Rural Metro and police service will be provided by the Maricopa County Sherriff’s Office. It is anticipated that all or a portion of the Site will be annexed into the City of Glendale in the future, and City of Glendale will provide fire protection and police services. Refuse collection will be provided by Waste Management or other similar refuse collection vendors.
PUBLIC UTILITIES AND SERVICES. Tenant shall pay or cause to be paid all charges for gas, water, electricity, light, heat, power, steam, air-conditioning, telephone or other communication service or other utility or service used, rendered or supplied to, upon or in connection with the Premises throughout the term of this Lease, and to indemnify, defend and save harmless Landlord from and against any liability, costs, expenses, claims or damages on such account. ARTICLE TEN ALTERATIONS Tenant agrees that it will not (a) demolish or undertake any structural alterations to any of the buildings or other improvements erected upon or otherwise comprising the Premises, without the prior written consent of Landlord and any mortgagee (if required) or (b) make any other alterations which would change the character of the buildings or other improvements comprising the Premises which would weaken, impair or the otherwise in any way affect the structural aspects or integrity of or lessen the value of the Premises and/or the buildings and other improvements comprising the Premises, or (c) make any alteration, addition, enlargement or improvement to the Premises and/or buildings or the other improvements comprising the Premises where the estimated cost therefor is in excess of Ten Thousand Dollars ($10,000.00) (subject to any other requirement of Landlord's mortgagee of which Tenant is notified in writing), without the prior written consent of Landlord. With respect to any such alterations permitted to be made by Tenant, Tenant shall (a) pay all costs, expenses and charges therefor, (b) make the same in accordance with all applicable laws and building codes in a good and workmanlike manner, (c) cause the same to be performed by qualified contractors who shall not create any labor or other disturbance at the Premises while performing same, (d) fully and completely indemnify and hold harmless Landlord from and against any mechanic's liens or other liens or claims in connection with the making thereof and (e) by reason of such alterations, not thereby reduce the economic value of the Premises. In addition, Tenant shall comply with the provisions of Ohio Revised Code Section 1311.04 with respect to filing, service and posting of a Notice of Commencement with respect to any such alterations and Tenant shall indemnify, defend and hold Landlord harmless from any liability that may be imposed upon Landlord as a result of Tenant's failure to comply with said statute.
PUBLIC UTILITIES AND SERVICES. Section 7.1 Public Utilities and Services Section 7.2 Discontinuation of Services
PUBLIC UTILITIES AND SERVICES. Sublandlord agrees to pay or cause to be paid all charges for gas, water, electricity, light, heat, power, steam, and air-conditioning or other utility or service used (except for telephone and other communication services), rendered or supplied to, upon or in connection with the Subleased Premises and Subtenant’s occupation and use thereof throughout the Term of this Sublease; provided, however, that, Subtenant shall pay or cause to be paid all charges for electricity used by production machinery used by Subtenant on the Subleased Premises to the extent that such charges are in excess of Seven Thousand Five Hundred Dollars ($7,500.00) per month. If necessary, Sublandlord may decide to separately meter such utilities provided for production machinery, at Sublandlord’s sole cost and expense. Subtenant shall, at its sole cost and expense, procure or cause to be procured any and all necessary permits, licenses or other authorizations required for the lawful and proper use, occupation, operation and management of the Subleased Premises.
PUBLIC UTILITIES AND SERVICES. LESSOR warrants the presence and operability of all connections with electric, water and sewage systems upon turn over of the premises. LESSOR further warrants that there are no arrearage or existing causes that would cause these utilities to refuse to deal with the occupant of the premises. LESSOR further guarantees that all unsettled obligations, if any, occurring prior to the occupancy of the premises by LESSEE will be settled by LESSOR and shall be the sole liability of the LESSOR. All utilities and services such as light, telephone, gas, water, garbage collections and other similar services shall be paid by and for the account of the LESSEE. It is understood that the LESSOR shall not be liable for any stoppage, absences, failure or deficiency in such utilities and services. Janitorial and security services used by the LESSEE shall also be paid by and for the account of the LESSEE. Telephone service shall be negotiated between the LESSEE and the Philippine Long Distance Telephone Company. In case of water supply, LESSEE hereby agrees to share pro-rata in the cost of supplying water into the leased premises based on the readings of the water meter corresponding to the leased premises. Should the need arise to deal with these utility companies, the LESSOR will either make necessary representations on behalf of the LESSEE or will authorize in writing the LESSEE to represent the premises' and/or LESSOR's interest, if any, in such transactions or discussions.
PUBLIC UTILITIES AND SERVICES
