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Res 2024-246 approving a five-year Ground Lease Agreement with Kyle D. Reese to lease city-owned property located at 169-75 South LBJ Drive
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Res 2024-246 approving a five-year Ground Lease Agreement with Kyle D. Reese to lease city-owned property located at 169-75 South LBJ Drive
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Resolutions
City Clerk - Type
Approving
Number
2024-246
Date
12/17/2024
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c. Tenant will have no claim to the condemnation award or proceeds in lieu <br /> of condemnation. <br /> 6. Uniform Commercial Code. Tenant grants Landlord a security interest in Tenant's <br /> personal property now or subsequently located on the Premises. This lease is a <br /> security agreement under the Uniform Commercial Code. <br /> 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 />
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