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0 <br />• <br />5. MAINTENANCE AND REPAIRS. The Tenant agrees to make any <br />and all repairs and improvements to the leased premises and agrees to keep said <br />premises in a safe, clean and attractive condition during the tern of this Lease. <br />Landlord's Renewal and Replacement Fund (see paragraph 11.A.), may be drawn <br />upon for needed repairs, but not for ordinary maintenance. Upon the expiration of <br />the Lease, the Tenant shall surrender the premises quietly and peaceably in <br />substantially the same condition as it was at the outset of this Lease, reasonable <br />wear and tear and damage by the elements excepted. <br />It was agreed that provision would be included in the lease. <br />On page 87, paragraph 12, Right to Inspect, Commissioner Ginn asked what redress <br />the County had if the property is not maintained in good order. <br />12. RIGHT TO INSPECT. <br />leased premises at all reasonable hours <br />maintained and kept in good condition. <br />The Landlord may enter and inspect the <br />to insure the premises is being properly <br />Deputy County Attorney Collins explained that was covered in paragraph 5 above. <br />If the tenant were to fail to make the repairs, they would be in breach of that covenant. The <br />lease could be declared in breach and terminated. <br />Commissioner Eggert asked if it was necessary to specify that County Commission <br />expenditures would be for capital repairs, and it was pointed out that was covered in <br />paragraph 16, Termination for Non -appropriation. <br />16. TERMINATION FOR NONAPPROPRIATION. In the event that the <br />Landlord in any fiscal year fails to appropriate sufficient funds (in the sole <br />determination of the Tenant), to continue operation of the facility, the Tenant may <br />terminate the Lease by giving the Landlord ninety (90) days' written notice. <br />Attorney Collins wanted to point out that paragraph 10, Maintenance of Exterior, has <br />a requirement which is not presently being done by any County staff. Staff has indicated <br />they will need additional funding for that in coming fiscal years. <br />10. MAINTENANCE OF EXTERIOR. Landlord agrees to mow grass and <br />maintain the landscaping and shrubbery. Tenant agrees to maintain the automobile <br />parking areas, driveways and the exterior of the building. <br />January 6, 1998 <br />35 <br />BOOK 104 PAGE 39 <br />