Res 2017-167/approving a Lease-Purchase Agreement with the Trust for Public Land providing for the City to lease with an option to purchase approximately 102 acres of land west of the City off of Derby Court, which agreement provides for payment by the C

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17. EMINENT DOMAIN: If during the term of this Agreement any material part of the Leased Premises is taken by condemnation or eminent domain, which taking materially interferes with the maintenance, operation or use of the Leased Premises as a public park or for residential or other purposes, Lessor may elect to terminate this Agreement or to continue same in effect provided, that if said taking materially interferes with Lessee's use and enjoyment of the Leased Premises, Lessee may elect to terminate the Agreement. If neither Lessor nor Lessee elects to terminate the Agreement, and if said taking reduces the area of the Leased Premises as a public park the Base Rent shall be reduced in proportion to the area of the Leased Premises so taken. If any part of the Leased premises is taken by condemnation or eminent domain which renders the Leased Premises unsuitable for its intended use for a public park or for residential purposes, or agricultural purposes, the Lessee may elect to terminate this Agreement. If any part of the Leased Premises is taken which does not render the Leased Premises unsuitable for its intended use, and the Lessor does not otherwise elect to terminate this Agreement, this Agreement shall continue in effect and the Base Rent shall be reduced in proportion to the area of the Leased Premises so taken and Lessor shall repair any damage to the remaining Leased Premises resulting from such taking as soon as is practicable. If all of the Leased Premises are taken by condemnation or eminent domain, this Agreement shall terminate on the date of taking. If this Agreement should be terminated under any provision of this paragraph, Rent (including all Additional Rent) shall be payable up to the date that possession is taken by the taking authority, and Lessor will refund to Lessee any prepaid unaccrued Rent pertaining to any subsequent period, less any sum or amount then owing by Lessee to Lessor. In addition, the option payment may be refunded in the same amount as if the Lessee terminated the Agreement as provided in Paragraph 34. 18. DEFAULT: All rights and remedies of Lessor herein enumerated shall be cumulative, and none shall exclude another or any other right or remedy provided by law. (a) . If, after the applicable grace period, the Lessee defaults in the payment of Rent or any other payment due hereunder, or in the prompt and full performance of any other provisions of this Agreement, which default remains uncured for a period of ten (10) days after written notice to Lessee from Lessor of the same (provided that if said non-performance cannot be cured within said ten (10) day period, Lessee shall have a reasonable period of time to cure said default as long as Lessee diligently and continuously pursues said cure), or if the leasehold interest of the Lessee or fixtures of Lessee are levied upon under execution or attached by process of law, and said levy or attachment is not removed within thirty (30) days, or if Lessee makes an assignment for the benefit of creditors, or if a receiver is appointed for any property of the Lessee, or if the Lessee abandons the Leased Premises, then and in any such event, the Lessor may, if the Lessor so elects, but not otherwise, and after ten (10) days written notice thereof to Lessee forthwith terminate this Agreement and/or the Lessee's right to possession hereunder. (b) If the Lessee abandons the Leased Premises or otherwise entitles the Lessor so to elect, and the Lessor does elect to terminate the Lessee's right to possession only, without terminating the Agreement, the Lessor may, at the Lessor's option, enter into the Leased Premises, remove the Lessee's signs and other evidence of tenancy, and take and hold possession thereof without such entry and possession terminating the Agreement or releasing the Lessee in whole or in part from the Lessee's obligation to pay the Rent hereunder for the full Lease Term, and in any such case the Lessee shall pay forthwith to the Lessor, a sum equal to the amount of the Base Rent reserved under this Lease for the residue of the stated Lease Term. Upon and after entry into possession of the Leased Premises without termination of the Agreement, the Lessor may, but need