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

and not on any information provided or to be provided by RAILROAD in executing this Lease Agreement. By occupying the Premises, CITY has deemed the Premises suitable for its occupancy, use, and operations. CITY acknowledges and agrees that except as set forth herein, RAILROAD has not made and specifically disclaims any representations, warranties, promises, covenants, or guaranties of any kind or character whatsoever, whether express or implied, concerning or with respect to the nature, quality or environmental condition of the Premises including without limitation, the water, soil, and geology, the suitability of the Premises for any and all activities and uses which CITY may conduct thereon. 8.01. Maintenance and Repairs. CITY covenants throughout the term of this Lease Agreement, at its sole cost and expense, to take good care of the Premises, and to keep said Premises in good condition and repair, including Improvements now existing or at any time erected thereon. All work done in connection with any construction, maintenance, or repairs shall be done in good workmanlike manner, upon obtaining any necessary licenses or permits, and in compliance with building and zoning ordinances and with all other applicable laws or ordinances. In performing any construction, repairs or maintenance, CITY agrees that it will pay all liens of contractors, subcontractors, mechanics, laborers, materialmen, and other items of like character, and will indemnify RAILROAD against all expenses, costs and charges, including bond premiums for release of liens and attorneys’ fees and costs reasonably incurred in and about the defense of any suit in discharging the Premises or any part thereof from any liens, judgments, or encumbrances caused or suffered by CITY. In the event any such lien shall be made or filed, CITY shall bond against or discharge the same within 30 days after receiving Notice the same has been made or filed. It is understood and agreed between the parties to this Lease Agreement that the expenses, costs and charges above referred to shall be included in any lien for Rent. 8.02 Improvements. CITY shall install a physical barrier along the South line of the Premises as shown in Exhibit A within 30 days of the effective date. Site grading shall be such that all site runoff is directed away from the RAILROAD’s mainline. Any other improvements shall be submitted to RAILROAD for review. Article IX Termination and Default 9.0 CITY Default. Default, as it relates to CITY, means CITY’s failure to pay Rent or failure to perform or otherwise act in accordance with any other material covenant or condition of the Lease Agreement or as provided under Section 9.02 of this Lease. In case of default, RAILROAD shall notify CITY of said default in accordance with the Notice provisions herein, after which CITY has thirty (30) days from receipt of Notice to cure said default, unless, if by the nature of the non-monetary default more than 30 days is reasonably required to cure said default, CITY shall be provided a reasonable time period to cure said default. Upon expiration of the cure period and if the default remains unresolved, RAILROAD may terminate this Lease Agreement 7