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Res 2021-065/approving the renewal of a lease agreement between the City of San Marcos and San Marcos Lions Club providing for a five year lease of a portion of the City Recreation Building located in City Park for an annual rent of $11,900
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Res 2021-065/approving the renewal of a lease agreement between the City of San Marcos and San Marcos Lions Club providing for a five year lease of a portion of the City Recreation Building located in City Park for an annual rent of $11,900
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10/13/2022 4:53:11 PM
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4/12/2021 9:14:49 AM
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City Clerk - Document
Resolutions
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Approving
Number
2021-65
Date
4/6/2021
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A. The Lessee fails to pay when due any rental or any other sums or charges due <br />under this Lease. <br />B. The Lessee fails to comply with any other term, provision, or covenant of this <br />Lease, and does not cure the failure within 30 days after written notice to the Lessee. For <br />any subsequent default by the Lessee for the same or any other reason, the Lessor may <br />terminate the Lease if that subsequent default continues for more than three days after <br />notice of the subsequent default. <br />C. The Lessee commences, or another party commences against the Lessee, <br />proceedings in bankruptcy, for reorganization, or for the readjustment or arrangement of <br />its debts under the bankruptcy laws of the United States or under any other law. The <br />acceptance by the Lessor of the Lessee's monthly payments subsequent to the occurrence <br />of this event of default, or that set forth in subparagraph E below, shall be as compensation <br />for use and occupancy of the Leased Premises, and shall in no way constitute a waiver by <br />the Lessor of its right to exercise any remedy provided for any event of default. <br />D. A receiver or trustee is appointed for all or substantially all of the assets of the <br />Lessee. <br />E. The Lessee abandons or vacates all or any substantial portion of the Leased <br />Premises for more than 30 consecutive days during the periods of conducting its authorized <br />activities under paragraph 3.01. <br />13.02. Remedies: Upon the occurrence of any of the events of default, the Lessor shall <br />have the option to pursue any one or more of the following remedies without any notice or demand <br />whatsoever: <br />A. Terminate this Lease. In this event the Lessee shall immediately surrender the <br />Leased Premises to the Lessor, and if the Lessee fails to do so, the Lessor may enter and <br />take possession of the Leased Premises and remove the Lessee and any other person <br />occupying the premises, without prejudice to any other remedy it may have for possession <br />or arrearages in rent, and without being liable for any resulting damages. The Lessee agrees <br />to pay to the Lessor the amount of all resulting costs, losses and damages incurred by the <br />Lessor within 30 days of the Lessor's issuance of a statement to the Lessee. <br />B. Relet the Leased Premises to any lawfully approved tenant and receive the rent. <br />The Lessee agrees to pay to the Lessor any resulting costs, and any deficiency that may <br />arise by reason of reletting, within 30 days of the Lessor's issuance of a statement to the <br />Lessee. <br />C. The Lessor's pursuit of any of these remedies will not preclude pursuit of any <br />other remedies provided under this Lease or by law, nor will pursuit of any remedy <br />constitute a waiver of any rent due to the Lessor or of any damages caused to the Lessor <br />by any violation of this Lease by the Lessee. Any failure by the Lessor to enforce a remedy <br />upon an event of default shall not be deemed to constitute a waiver of the default or of the <br />
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