WS - D - Land Lease - City of Tiffin - Iowa Interstate Railroad

RAILROAD may have; provided, that, nothing herein shall be deemed to reduce any cure period provided to CITY under this Lease with respect to Lease defaults. 3.02. Volume Guarantee. N/A Article IV Taxes and Utilities 4.0. Real Property Taxes. N/A 4.01 Utilities. CITY shall obtain and pay for all utilities necessary for the operation of its business directly from utilities and vendors providing any such services, including but not limited to, to the extent applicable, fuel, gas, electric, trash collection, sewer or stormwater, and telephone and internet service. In the event this Lease Agreement is terminated due to the default of CITY, the provisions of this paragraph apply until such time as CITY vacates the Premises. Article V Use 5.0. Permitted Use of the Premises. CITY shall use the Premises solely as an access driveway to and from their facility. CITY shall not use the Premises as a storage area for any purpose, including the storage of vehicles or materials. CITY shall not use or occupy, nor permit or suffer the Premises, to be used or occupied for any unlawful, illegal or extra hazardous business, use or purpose, or in such manner as to constitute a nuisance of any kind (public or private) or for any purpose or in any way in violation of applicable law, regulation, or ordinance. CITY may not use the Premises in any manner that makes void any insurance then in force on the Premises or, without RAILROAD’s written consent, for any use that requires a variance, waiver or special permit under any law, regulation, or ordinance then in effect. CITY shall take, immediately upon the discovery of any such unpermitted, unlawful, illegal or extra hazardous use, all necessary actions, legal and equitable, to compel the discontinuance of such use. If for any reason CITY shall fail to take such actions, and such failure shall continue for Thirty (30) days after written notice from RAILROAD to CITY specifying such failure, RAILROAD may terminate this Lease Agreement without further notice to CITY. Further, CITY shall not knowingly suffer or permit the Premises or any portion thereof to be used by the public or other entity in such manner as might reasonably tend to impair title to the Premises or any portion thereof, or in such manner as might reasonably make possible a claim or claims of adverse usage or adverse possession by the public or other entity, as such, or of implied dedication of the Premises or any portion thereof. 3