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Res 2005-184
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Res 2005-184
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7/21/2006 2:42:26 PM
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7/21/2006 2:41:59 PM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Lease
Number
2005-184
Date
12/14/2005
Volume Book
164
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<br />I <br /> <br />I <br /> <br />I <br /> <br />of attorneys and expert witnesses <br /> <br />Article 8 Condemnation <br /> <br />8 01 Total. If the whole of the Leased Premises is taken by eminent domain, then this <br />Lease shall terminate as of the date the title vests in the proceeding <br /> <br />802 Partial. If a portion of the Leased Premises is taken by eminent domain, and the <br />partial taking renders the remaining portion unsuitable for the business of the Lessee, then <br />this Lease shall terminate If the partial taking is not extensive enough to render the <br />premises unsuitable for the business of the Lessee, then this Lease shall continue in <br />effect, except that the fixed annual rental shall be reduced and adjusted in an appropriate <br />manner <br /> <br />803 If this Lease is terminated as provided in this section, rent shall be paid up to the date <br />that possession is taken by the condemning authority, and the City shall make an equitable <br />refund of any rent paid by the Lessee in advance <br /> <br />8 04 Division of Award. The City 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 <br />respective interests in the condemnation proceeding The termination of this Lease under <br />this Paragraph shall not affect the rights of the respective parties to such awards <br /> <br />Article 9 Damage by Casualty <br /> <br />9 01 The Lessee shall give immediate verbal notice, and prompt written notice to the City <br />of any damage caused to the Leased Premises by fire or other casualty <br /> <br />902 In the event that any improvements on the Leased Premises are damaged or <br />destroyed by fire or other casualty covered under insurance, and the Lessee does not elect <br />to terminate the Lease, the Lessee shall proceed at its sole cost and expense to promptly <br />and diligently rebuild and repair the improvements If the Facilities are damaged or <br />destroyed by fire or other casualty that renders more than 50% of the floor area of the <br />Facilities unusable, then the Lessee may elect either to terminate this Lease or to proceed <br />to rebuild and repair the Facilities The Lessee shall give written notice to the City of this <br />election within 60 days after the occurrence of the casualty If the Lessee elects to rebuild <br />and repair, it shall proceed to do so with diligence and at its sole cost and expense <br /> <br />903 During any period of reconstruction or repair of Facilities on the Leased Premises, <br />this Lease shall continue in full force and effect except that the rental shall be abated for <br />the length of time necessary for the reconstruction or repairs in proportion to the amount of <br />floor area of the Leased Premises rendered unusable, but there shall be no abatement of <br />any other amounts payable by the Lessee under the terms of this Lease <br />
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