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RES 344 Draft 01 2012-2014
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RES 344 Draft 01 2012-2014
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Last modified
4/29/2014 9:06:54 AM
Creation date
3/18/2014 9:02:53 AM
Metadata
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Bill/Resolution
Bill/Resolution - Type
RES
Bill/Resolution - Council Term
2012-2014
Bill/Resolution
344
Draft
01
Introducer
Valerie T. Poindexter, Council Member
Referred To
FC
Action 1
FC-144: Recommends adoption of Res. 344-14 - 3/31/14.
Action 2
Council: Adopts Res. 344-14 & FC-144 - 04/16/14
Status
Adopted
Date To Mayor or Adoption Date
4/16/2014
Reading Number
1
Reading Date
4/16/2014
Ayes
9-Eoff;Ford;Ilagan;Kanuha;Kern;Onishi;Poindexter;Wille;Yoshimoto
Noes
0
Absent
0
Excused
0
Document Relationships
AGE COUNCIL 2014/04/16 2012-2014
(Related To)
Path:
\Council Records\Agendas\2012-2014\Council
AGE FC 2014/03/31 2012-2014
(Related To)
Path:
\Council Records\Agendas\2012-2014\Finance Committee (FC)
COM 0747.000 2012-2014
(Related To)
Path:
\Council Records\Communications\2012-2014
REP FC 144 2014/03/18 (2012-2014)
(Related To)
Path:
\Council Records\Reports\2012-2014\Finance Committee (FC)
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The Lessee shall provide janitorial services to the leased premises, from 8:00 am <br /> to 5:00 pm on an exclusive basis Monday,Tuesday, Wednesday, Thursday,and Friday. <br /> 10. Improvements. <br /> The Lessee shall not improve or alter the Facility in any manner whatsoever <br /> without the prior written consent of the Lessor. The Lessee shall submit plans and <br /> designs for any improvements to the Lessor for written approval. <br /> 11. Insurance. <br /> The Lessee is self-insured and no additional insurance policy is required. Lessee <br /> shall defend and hold harmless the Lessor, its successors and assigns, from and against <br /> any and all actions,claims, suits, damages or costs arising out of or causally result from <br /> the operation, Lessee maintenance,or use of the leased premises occurring during the <br /> term of the lease. <br /> 12. Costs of Covenant Enforcement and Collection. <br /> The Lessee shall pay all costs, including reasonable attorney's fees, and expenses <br /> which may be incurred by or paid by the Lessor in enforcing the covenants,terms and <br /> conditions of this Lease Agreement in recovering possession of the Facility, or in the <br /> collection of taxes, utility services and any and all other charges. <br /> 13. Covenant Against Discrimination. <br /> The Lessee covenants that the use and enjoyment of the Facility shall not be in <br /> support of any policy which discriminates against anyone based upon race, creed,sex, <br /> color,national origin,religion,marital status,familial status, ancestry,physical handicap, <br /> and disability. <br /> 14. Assumption of Risk by the Lessee(s). <br /> This assumption of risk by the Lessee has been bargained for in determining rent <br /> and other obligations of the Lessee under this Lease Agreement. The Lessor shall not be <br /> liable to the Lessee for any damage in connection with electricity, plumbing,gas, water, <br /> sprinkler or other pipes and sewage system, or by the bursting, leaking or overflowing or <br /> running of any tank, washstand, closet or waste or other pipes in or about the Facility or <br /> any adjacent buildings. The Lessor shall not be liable to the Lessee for any damage in <br /> connection with water coming into the Facility from any source whatsoever, or for any <br /> damage arising from acts or neglect of co-tenants or other occupants of the Facility, or of <br /> adjacent property or the public. All property of the Lessee kept or stored on the Facility <br /> shall be so kept or stored at the sole risk of the Lessee. <br /> 15. Non-Warranty. <br /> The Lessor does not warrant the condition of the Facility, as the same is being <br /> leased"As Is—Where Is"and with all faults condition. The Lessor does hereby lease, <br /> transfer, set over and deliver unto the Lessee, "As Is—Where Is"with all faults <br /> condition, without any warranty or representation, regarding the quality or condition of <br /> the Facility leased under this Lease Agreement or its fitness for any particular use. <br /> Pahala Senior Center Page 3 <br />
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