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Res 2025-128 approving a Second Amended and Restated five-year Lease with the San Marcos Lions Club for the Lions Club to lease a portion of the Pauline Espinosa Community Hall
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Res 2025-128 approving a Second Amended and Restated five-year Lease with the San Marcos Lions Club for the Lions Club to lease a portion of the Pauline Espinosa Community Hall
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8/21/2025 1:12:49 PM
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8/15/2025 4:15:03 PM
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City Clerk - Document
Resolutions
City Clerk - Type
Approving
Number
2025-128
Date
8/5/2025
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Article 13. Events of Default and Remedies <br /> 13.01. Default: The following events shall be events of default by the Lessee under this <br /> Lease: <br /> 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 /> tenninate 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 />
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