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Res 2009-080
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Res 2009-080
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Last modified
8/3/2009 10:49:05 AM
Creation date
6/22/2009 9:23:00 AM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Lease
Number
2009-80
Date
6/16/2009
Volume Book
182
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645 N Walnut Ave. <br />Commercial tease concerning: New Braunfels, TX 7*-6. " ?1 <br />I 130 <br />25. RELOCATION: <br />C A. By providing Tenant with not less than 90 days advanced written notice, Landlord may require Tenant <br />to relocate to another location in the Property, provided that the other location is equal in size or larger <br />than the leased premises then occupied by Tenant and contains similar leasehold improvements. <br />Landlord will pay Tenant's reasonable out-of-pocket moving expenses for moving to the other location. <br />"Moving expenses" means reasonable expenses payable to professional movers, utility companies for <br />connection and disconnection fees, wiring companies for connecting and disconnecting Tenant's office <br />equipment required by the relocation, and printing companies for reprinting Tenant's stationary and <br />business cards. A relocation of Tenant will not change or affect any other provision of this lease that is <br />then in effect, including rent and reimbursement amounts, except that the description of the suite or <br />unit number will automatically be amended. <br />C7 B. Landlord may not require Tenant to relocate to another location in the Property without Tenant's prior <br />consent. <br />26. SUBORDINATION: <br />A_ This lease and Tenant's leasehold interest are and wilt be subject, subordinate, and inferior to: <br />(1) any lien, encumbrance, or ground lease now or hereafter placed on the leased premises or the <br />Property that Landlord authorizes; <br />(2) all advances made under any such lien, encumbrance, or ground lease; <br />(3) the interest payable on any such lien or encumbrance; <br />(4) any and all renewals and extensions of any such lien, encumbrance, or ground lease; <br />(5) any restrictive covenant affecting the leased premises or the Property; and <br />(6) the rights of any owners' association affecting the leased premises or Property. <br />B. Tenant must, on demand, execute a subordination, attornment, and non-disturbance agreement that <br />Landlord may request that Tenant execute, provided that such agreement is made on the condition that <br />this lease and Tenant's rights under this lease are recognized by the lien-holder. <br />27. ESTOPPEL CERTIFICATES: Within 10 days after receipt of a written request from Landlord, Tenant will <br />execute and deliver to Landlord an estoppel certificate that identifies the terms and conditions of this lease. <br />28. CASUALTY LOSS: <br />A. Tenant must immediately notify Landlord of any casualty loss in the leased premises. Within 20 days <br />after receipt of Tenant's notice of a casualty loss, Landlord will notify Tenant if the leased premises are <br />less than or more than 50% unusable, on a per square foot basis, and if Landlord can substantially <br />restore the leased premises within 120 days after Tenant notifies Landlord of the casualty loss. <br />B. If the leased premises are less than 50% unusable and Landlord can substantially restore the leased <br />premises within 120 days after Tenant notifies Landlord of the casualty, Landlord will restore the leased <br />premises to substantially the same condition as before the casualty. If Landlord fails to substantially <br />restore within the time required, Tenant may terminate this lease. <br />C. If the leased premises are more than 50% unusable and Landlord can substantially restore the leased <br />premises within 120 days after Tenant notifies Landlord of the casualty, Landlord may: (1) terminate <br />this lease; or (2) restore the leased premises to substantially the same condition as before the <br />casualty. If Landlord chooses to restore and does not substantially restore the leased premises within <br />the time required, Tenant may terminate this lease. <br />D. If Landlord notifies Tenant that Landlord cannot substantially restore the leased premises within 120 <br />days after Tenant notifies Landlord of the casualty loss, Landlord may: (1) choose not to restore and <br />terminate this lease; or (2) choose to restore, notify Tenant of the estimated time to restore, and give <br />Tenant the option to terminate this lease by otifying Landlord within 10 days. <br />(TAR-2101) 5-26-06 Initialed for Identification by Tenant and Landlord: __,_ , Page 11 of 14 <br />Produced with ZipForm7 by mLoglx 11 83% Fifteen We Road, Fraser Michigan 48026 yr, n, zf Logix com City of satn Ma
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