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<br />. <br /> <br />. . <br /> <br />excepted. Lessee shall allow Lessor to inspect the Premises to verify the <br />condition of the Premises and its contents. <br /> <br />38. LEASE, APPPURTENANT RIGHTS, PUBLIC RIGHT OF WAY <br />38.1 Lessor is the owner of the public right of way surrounding the Premises <br />described herein. Lessee, through a separate Lease agreement granted by the <br />Lessor, has obtained the permission of Lessor to perform certain acts upon and <br />within the public right of way. Lessor, as Lessor, has granted to Lessee, as <br />Lessee, a Lease for the use of a portion of the public right of way surrounding the <br />Premises ("Lease Area") for the purpose of walk-up business, pick ups and <br />deliveries, and outdoor seating consisting of tables and chairs. The Lease is <br />personal to the Lessee, non-assignable, and terminable and revocable at the will <br />of the Lessor. <br /> <br />The areas governed by the Lease are not a part of the Premises defined by the <br />Lease. The Lessee does not hold any estate or interest in the property of the <br />City in the public right of way by virtue of this Lease. The City may formulate <br />rules, conditions of Lease, regulations and a permit process for the use of the <br />public property and right of way area surrounding and in close proximity to the <br />Premises, and the uses of other areas in the public right way of the City. The <br />areas surrounding the Premises may be governed thereby and the Lessee <br />agrees to be bound by these rules and regulations and obtain such permits or <br />Leases as may be required. These areas may be governed by this Lease to the <br />extent it is not in conflict with City rules, regulations, and permit requirements as <br />they now or hereafter exist. <br /> <br />Lessor shall at all times retain exclusive final authority over the public right of way <br />including the Lease Area. Lessor shall have the right to perform any and all acts <br />of construction and maintenance in the public right of way, including the Lease <br />Area, as fully and completely as if the Lease for the use of the Lease Area did <br />not exist. Lessor will not be liable to the Lessee by reason of any injury to or <br />interference with Lessee's business or property for any inconvenience or <br />damages caused thereby. <br /> <br />The Lease term applicable to the Premises does not apply to the Lease Area and <br />Lessor retains the right at its sole discretion to terminate or revoke said Lease at <br />any time. Termination or revocation of the Lessee's use of the Lease Area is not <br />a grounds for termination of the Lease. Termination or restriction of the use of <br />the Lease Area does not reduce rental payments due under the Lease <br />Ag reement. <br /> <br />39. AMENDMENT <br />39.1 The terms of this Agreement may be amended only in writing and by mutual <br />agreement between the Agency's Executive Director and the Lessee. <br /> <br />40. COMPLIANCE WITH LAWS <br />40.1 The Parties hereto shall comply with all applicable laws, ordinances, codes and <br />regulations of the federal, state and local governments in the performance of <br />their rights, duties and obligations under this Lease, including all applicable laws, <br />ordinances, codes and regulations pertaining to the storage, handling, <br />preparation and service of food. <br /> <br />ATTY/AGR/2010.012 <br />022610 <br /> <br />~lnitialS <br /> <br />23 <br />