RES 344 Draft 01 2012-2014 - Laserfiche WebLink

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16. Hazardous Materials. The Lessor affirms, upon due diligence,that the premises are free of hazardous materials. Lessor warrants that it has not received written notice from any governmental authority having jurisdiction over the premises that the premises is in violation of the Comprehensive Environmental Response, Compensation and Liability Act of 1989, as amended("CERCLA"),the Resources Conservation and Recovery Act of 1976, as amended("RCRA"),the Toxic Substance Control Act, as amended,the Hazardous Materials Transportation Act, as amended,or any statue governing underground storage tanks or asbestos. Lessor represents and warrants that to Lessor's actual knowledge (without undertaking any investigation or inquiry)the premises do not contain any hazardous or toxic materials prohibited by law. Lessor shall indemnify and hold harmless the Lessee from and against any and all claims, demands or losses in connection with the release of hazardous or toxic materials caused by Lessor. Lessee shall indemnify and hold harmless the Lessor from and against all claims, demands or losses in connection with the release of hazardous or toxic materials caused by Lessee, its agents or employees. 17. Americans with Disabilities Act. Lessor and Lessee understand Lessee, as a government entity, is required to comply with the Americans with Disabilities Act,hereinafter"ADA". Lessor herein expressly warrants that all access from the parking area and common areas to the premises are in compliance with the aforesaid ADA, and that if there are comfort stations in the common areas open to the public,those comfort stations are in compliance with the aforesaid ADA. Should it be later determined that the premises are not ADA compliant Lessor shall be responsible for all construction of accessibility improvements which may be necessary to be in compliance with this law. 18. Condemnation. During the lease term or any extension of the Lease agreement, if any portion of the Facility should be condemned, or required for public purposes by any duly authorized governmental entity,the Lessee shall not by reason of the condemnation be entitled to any claim against the Lessor for condemnation or indemnity for the leasehold interest of the Facility. All compensation payable or to be paid for or on account of the leasehold interest of the Facility. All compensation payable or to be paid for or on account of the leasehold interest of the Facility by reason of the condemnation shall be payable to and be the sole property of the Lessor. Where the portion taken renders the remainder unsuitable for the use or uses for which the Facility was leased,the Lessee shall have the option to surrender this Lease Agreement and be discharged and relieved from any further liability. 19. Extension. The Lessor shall have the option to extend this Lease Agreement of the Facility with two (2)possible renewal extensions of one(1)year increments for a total of five years. The Lessee shall give the Lessor sixty(60)days written notice prior to the expiration of the lease term requesting Lessor to extend the Lease Agreement. Pahala Senior Center Page 4