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86-106148
<br />6. USE The premises may be used for the retail sale of merchandise customarily
<br />sold at stores operated by or under franchise from T.rSSEF or at grocery stores --f the
<br />type commonly called supermarkets, including but net limited to groceries, rroduce,
<br />meat, dairy products, self- service gasoline and retrnieum products, and sundries, and
<br />for any other lawful purpose. If LFSSEF. terminates this lease tinder this previrior
<br />LESSEE agrees to reimburse LESSOR for all reasonable expenses actually incurred by
<br />LESSOR for the preparation of the plot plan and plans specifications prior to such
<br />termination.
<br />7. UTILITIES. LESSEE agrees to pay, before deliquency, all charges for gas,
<br />electricity and water used by it.
<br />8. TAXES LESSEE agrees to pay all taxes levied upon personal property, including
<br />trade fixtures and inventory, I -ept on the leased premises, as well as all taxes levied
<br />against the land and the building and improvements situated thereon during the term of
<br />this lease, after presentation to LFSSEr by i.E.SSOP of statement(s) from the taxing
<br />Jurisdiction(s) in which said property is located. LESSEF, however, will rav onl•: the
<br />lowest discounted amount and will not he required to ray any penalty, interert of cost
<br />accruing by reason of LESS(??'S .Failure to sec +ire said tax statements) from the taxing
<br />authority(ies).
<br />LESSOR agrees that- LF.SSrr 7• i 11 nrt 1— l table for and T.rSCnq aril l forfei t all
<br />rights to recover said real estate taxes if rresentation of statemvnt(s� is not made
<br />to ?.rSSFP, prior to the dare of dF1,r.cr:cney. T.F5St'R may, ho•:•ever, direct t'ie taxirr
<br />authority(ies) to send the statener.t(s) directly to T,ESSFF. T.FScoR further ar'rees
<br />that LESSFF, in the name of LESSOR but at T.FSSFT'S sole er.aer.se, may protest any
<br />assessment before any taxing authority or hoar� or maintain any neccssary legal
<br />in reference to said assessment or for the recovery of any taxes raid thereon.
<br />9. M.AINTMANCE. LrSS^^ agrees to maintain the structural: ,>aundness of t'-e
<br />building. LESSEE agrees to keep Loth the interior and t':< e: ; :'Cr'or c_ the +iild`r.
<br />in good repair, including tat rnof, plumbing, electrical .'_it-.: ;, air r,reition ;:g
<br />anrl heating equipment, to naintnin the surface .;f tho T'arking area, and to „c;r, t`•c
<br />exterior galls of the `uildiab and he responsitle for all ,':ass, ,asua'_t�: Tan,c.e an'
<br />reasonable wear and tear excepted.
<br />10. ALTF?a.ATIONS. LESSF£ shall not sake any alterations in,.c_'-`rr str:ctura_
<br />changes without securing, LFS!z07,'S written consent. ^ther alterations or addlt` . ' _,
<br />such as to store front, marquee and non- weight hearing partitions, ma_y he r*a'e hy
<br />LESSEE in a good wor ?.nanli }:e rm nner without cost to LESSOP.
<br />11. TRAnF AND OTITET` FTV71,'RES. LESSEE may install or cause to he installed with
<br />equipment and trade and other fiYttiras as are reasonable necessar %. for the onerntion
<br />of its business. Such equipment and trade and other fixtures -a-.• he installed rrior
<br />to acceptance of the improvements ant shall remain personal nrrnerty, and title there^
<br />shall continue in the owner thereof, regardless cf the manner in vhich same may he
<br />attached or affixed to the demised premises. In the event such er,ui,ment and trade or
<br />other fixtures are subject to a lien or title retention in:strutrwnt, the holder of any
<br />such lien or title retention instrunert shall have the right and be able to c,nforce
<br />the same as stated therein..
<br />12. CASUALTY DAMAGE. If, in the opinion rf LESSFF, the 'eased premises arc,
<br />rendered substantially unfit for the occupancy or use herein conterTated by any
<br />casualty or peril insured against in a standard fire and e•.tendee coverage insurance
<br />policy of the type then commonly purchased by LFSSFF (such a casualty or peril being
<br />hereinafter referred to as an insurable casualty or peril) end tl.e primary term er
<br />the then current extension of the term shall have at least two years to run, T,FSSFl-
<br />at its option may promptly and diligently restore the leased premises to the condition
<br />existing prior to the occurrence of the insurable casualty or peril or may release
<br />and turn over to LESSOR the insurance proceeds as a result thereof and cancel and
<br />terminate this lease. If, in the opinion of LFFSFF, the leased premises are rendered
<br />substantially unfit for the occupancy or use herein contemplated by any casualty or
<br />peril other than an insurable casualty or peril or by any casualty or peril whatever
<br />when the primary term of the then current extension of the term shall have less than
<br />two years to run, LESSEE nay either restore the leased premises at its expense as
<br />above provided or'LESSEE may terminate this lease effective as of the date of
<br />occurrence 6f the casualty or peril. If, in the opinion of LF�SFF, the leased premises
<br />&re not thereby rendered substantially, unfit for the occupancy or use herein contenniated,
<br />LESSEE shall promptly and diligently restore the leased premises; at LESSPF.'S expense
<br />to the Condition existing prior to th6 occurrence of the casualty or peril. Since
<br />LESSEE has agreed to restore the demised premises in the event of casualty damage
<br />and since LESSEE has numerous other properties as to which it is self- insured, T.T'ccrF
<br />may be a self- insurer as to the demised premises; provided, that on the vrittc.
<br />request '6f LESSOR, LESSEE shall proctitie and maintain fire and eyrerded cnvera!,,,e
<br />insurance on the building of the type then comet my purchased by ti'OSf'r, to nt 'east
<br />802 of its insurable value and n;fainq TrSSn?t :is at- ndd1t1^r. ,,1 astitire(L
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