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Res 2006-016
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Res 2006-016
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Last modified
6/18/2008 9:20:45 AM
Creation date
7/25/2006 1:40:02 PM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Agreement
Number
2006-16
Date
2/7/2006
Volume Book
165
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e.E; Vol Fs <br />iad~i?441` OF`F' ?44ii d24 <br />Leased Premises as required hereunder. In addition, upon termination Lessor may collect from <br />Lessee an amount equal to the difference between the then present value of the amount of all <br />future rentals required to be paid under this Lease from the date Lessor terminates this Lease <br />until the original termination date, less the then present value of the fair market rental value of <br />the Leased Premises during such period, both calculated using a discount rate of seven percent <br />(7%) per annum. Notwithstanding anything contained in this Lease to the contrary, this Lease <br />may be terminated by Lessor only by delivering written notice of such termination to Lessee, and <br />no other act or omission of Lessor constitutes a termination of this Lease. <br />(d) Lessee hereby expressly waives any and all rights of redemption granted <br />by or under any present or future laws in the event of Lessee being evicted or dispossessed for <br />any cause, or in the event of Lessor obtaining possession of the Leased Premises by reason of the <br />violation by Lessee of any of the covenants and conditions of this Lease or otherwise. The rights <br />given to Lessor herein are in addition to any rights that may be given to Lessor by any statute or <br />otherwise. <br />(e) Lessor's pursuit of any remedy specified in this Lease will not constitute <br />an election to pursue that remedy only, nor preclude Lessor from pursuing any other remedy <br />available at law or in equity, nor constitute a forfeiture or waiver of any Base Rent or other <br />amount due to Lessor as described herein. <br />ARTICLE 9 <br />Default of Lessor <br />9.1 Defaults and Remedies. In the event of any breach by Lessor of any covenant of <br />Lessor under this Lease, Lessee shall have the right to deliver to Lessor a written notice <br />specifying such breach, and unless within ninety (90) days from and after the date of delivery of <br />such notice Lessor shall have commenced to remove or to cure such breach or occurrence and <br />shall be proceeding with reasonable diligence to completely remove or cure such breach or <br />occurrence (provided such breach or occurrence must be cured within one hundred eighty (180) <br />days after such notice), then Lessee shall have all remedies available at law or in equity. <br />ARTICLE 10 <br />Condemnation <br />10.1 Definitions. Whenever used in this Article 10, the following words shall have the <br />definitions and meanings hereinafter set forth: <br />(a) "Condemnation ProceedinE". Any action brought for the purpose of any <br />taking of the Leased Premises, or any part thereof or of any property interest therein (including, <br />without limitation, the right o the temporary use of all or any portion of the Leased Premises), by <br />competent authority as a result of the exercise of the power of eminent domain, including a <br />voluntary sale to such authority either under threat of condemnation or while such action or <br />proceeding is pending. <br />C-17 <br />803273,4 <br />
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