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Res 2024-245 approving a five-year Ground Lease Agreement with Ted Breihan Electric Co, LLC to lease the city-owned property located at 118 South Edward Gary Street
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Res 2024-245 approving a five-year Ground Lease Agreement with Ted Breihan Electric Co, LLC to lease the city-owned property located at 118 South Edward Gary Street
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Resolutions
City Clerk - Type
Approving
Number
2024-245
Date
12/17/2024
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7, Default by Landlord/Events. Defaults by Landlord are failing to comply with any <br /> provision of this lease within thirty days after written notice and failing to provide <br /> Essential Services to Tenant within ten days after written notice. <br /> 8. Default by Landlord/Tenant's Remedies. Tenant's remedies for Landlord's default <br /> are to sue for damages and, if Landlord does not provide an Essential Service for <br /> thirty days after default,terminate this lease. <br /> 9. Default by Tenant/Events. Defaults by Tenant are(a)failing to pay timely Rent,(b) <br /> abandoning or vacating a substantial portion of the Premises, and (c) failing to <br /> comply within ten days after written notice with any provision of this lease other <br /> than the defaults set forth in(a) and(b). <br /> 10.Default by Tenant/Landlord's Remedies. Landlord's remedies for Tenant's default <br /> are to(a)enter and take possession of the Premises,after which Landlord may relet <br /> the Premises on behalf of Tenant and receive the rent directly by reason of the <br /> reletting, and Tenant agrees to reimburse Landlord for any expenditures made in <br /> order to relet, (b) enter the Premises and perform Tenant's obligations, and (c) <br /> terminate this lease by written notice and sue for damages.Landlord may enter and <br /> take possession of the Premises by self-help, by picking or changing locks if <br /> necessary,and may lock out Tenant or any other person who may be occupying the <br /> Premises,until the default is cured,without being liable for damages. <br /> 11.Default/Waiver/Mitigation. It is not a waiver of default if the nondefaulting party <br /> fails to declare immediately a default or delays in taking any action. Pursuit of any <br /> remedies set forth in this lease does not preclude pursuit of other remedies in this <br /> lease or provided by applicable law. Landlord and Tenant have a duty to mitigate <br /> damages. <br /> 12. Security Deposit. If Tenant defaults,Landlord may use the Security Deposit to pay <br /> arrears of Rent, to repair any damage or injury, or to pay any expense or liability <br /> incurred by Landlord as a result of the default. <br /> 13.Alternative Dispute Resolution. Landlord and Tenant agree to mediate in good faith <br /> before filing a suit for damages. <br /> 14.Attorneys Fees. If either party retains an attorney to enforce this lease, the party <br /> prevailing in litigation is entitled to recover reasonable attorney's fees and other <br /> fees and court and other costs. <br /> 15. Venue. Exclusive venue is in the county in which the Premises are located. <br /> 16.Entire Agreement. This lease, its exhibits, addenda, and riders are the entire <br /> agreement of the parties concerning the lease of the Premises by Landlord to <br /> Tenant. There are no representations, warranties, agreements, or promises <br /> pertaining to the Premises or the lease of the Premises by Landlord to Tenant, and <br />
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