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Res 2011-075
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Res 2011-075
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6/24/2011 11:44:30 AM
Creation date
6/24/2011 8:21:11 AM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Approving
Number
2011-75
Date
6/21/2011
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fixed annual rental shall be reduced and adjusted in an appropriate manner. <br />10.03 Rent Pavments: If this Lease is terminated as provided in this section, rent shall <br />be paid up to the date that possession is taken by the condemning authority, and the Lessor shall <br />make an equitable refund of any rent paid by the Lessee in advance. <br />10.04 Division of Award: The Lessor and the Lessee shall each be entitled to receive and <br />retain separate awards, or portions of lump sum awards, as are allocated to their respective <br />interests in the condemnation proceeding. The termination of this Lease under this Paragraph <br />shall not affect the rights of the respective parties to such awards. <br />Article 11. Damage by Casualty <br />11.01. The Lessee shall give immediate verbal notice, and prompt written notice to the <br />Lessor of any damage caused to the Leased Premises by fire or other casualty. <br />11.02. If the Leased Premises are damaged by casualty and can be restored within 30 <br />days, Lessor will, at its expense, restore the Leased Premises to substantially the same condition <br />that existed before the casualty and Lessee will, at its expense, replace any of its damaged <br />furniture, fixtures, and personal property and restore any authorized leasehold improvements <br />installed by Lessee. If Lessor fails or is unable to complete the portion of the restoration for <br />which Lessor is responsible within 30 days from the date of written notification by Lessee to <br />Lessor of the casualty, Lessee may terminate this lease by written notice delivered to Lessor <br />before Lessor completes Lessor's restoration obligations. <br />11.03. To the extent the Premises are untenantable after the casualty, the Rent will be <br />prorated for the period of time that the premises cannot be used by Lessee. <br />11.04. Any insurance or risk pool coverage against casualty loss which may be carried <br />by either the Lessor or the Lessee shall be under the sole control of the party carrying the <br />insurance or risk pool coverage, and the other party shall have no interest in any proceeds <br />thereof. Lessor and Lessee expressly waive any cause of action or right of recovery which either <br />of them may have against the other for any loss or damage to the Leased Premises or to the <br />contents caused by fire, explosion, or other risk covered by the casualty insurance or risk pool <br />coverage. <br />Article 12. Assignment and Subletting <br />Lessee may not assign this Lease or sublet the Leased Premises without prior written <br />consent of the Lessor. Any such unauthorized assignment or subletting shall constitute a default. <br />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 />
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