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Res 1997-051
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Res 1997-051
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6/11/2007 2:37:24 PM
Creation date
6/11/2007 2:37:24 PM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Lease
Number
1997-51
Date
4/14/1997
Volume Book
128
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<br /> - /'z p¡:' <br /> VOL 167PAG£283 <br /> -6- <br /> A. Total: If the whole of the Leased Premises shall be acquired or taken by <br /> eminent domain for any public or quasi-public use or purpose, then this Lease shall <br /> cease and terminate as of the date of title vesting in the acquiring entity. <br /> B. Partial: If any part of the Leased Premises shall be taken or condemned, and <br /> the partial taking renders that portion of the Leased Premises not so taken <br /> unsuitable for use by the Lessees, then this Lease and the term in this Lease shall <br /> cease and terminate. If the partial taking is not extensive enough to render the <br /> premises unsuitable for use by the Lessees, then this Lease shall continue in <br /> effect except that the minimum rental shall be reduced and adjusted in an <br /> appropriate manner. <br /> C. If this Lease is terminated as provided in this section, rent shall be paid up <br /> to the date that possession is taken by the acquiring entity, and Lessor shall make <br /> an equitable refund of any rent paid by Lessees in advance. <br /> D. Award: Lessor and Lessees shall each be entitled to receive and retain <br /> such separate awards, and portions of lump sum awards, as may be allocated to <br /> their respective interests in any condemnation proceeding. The termination of this <br /> Lease under this Section shall not affect the rights of the respeètive parties to such <br /> awards. <br /> ARTICLE 9. <br /> Nonliability for Certain Damages <br />9.1 Lessees acknowledge and agree that Lessees take the Leased Premises in their <br /> present condition and as such Lessor shall not be liable to Lessees for any <br /> personal injuries or property damage resulting from or out of improvements or <br /> repairs made to the Leased Premises, or by gas, water, steam, electricity, or oil <br /> leaking or escaping into the Leased Premises at the time of execution of this Lease. <br /> ARTICLE 10. <br /> Access to Premises <br />10.1 Lessor shall provide Lessees with 24 hours notice of any requirement tÇ) enter the <br /> Leased Premises. Lessor shall not be liable to Lessees for any expense, loss, or <br /> damage from any such entry upon the Leased Premises. <br /> ARTICLE 11. <br /> Damage by Casualty <br />11.1 Lessees shall give immediate written notice to Lessor of any damage caused to the <br /> Leased Premises by fire or other casualty. <br />11.2 In the event that any improvements upon the Leased Premises are damaged or <br /> destroyed by fire or other casualty insurable under standard fire and extended <br /> coverage insurance and Lessor does not elect to terminate the Lease as provided, <br /> Lessees shall proceed with reasonable diligence and at their sole cost and expense <br /> to rebuild and repair the improvements. If the Leased Premises shall be damaged <br /> or destroyed by fire or other casualty so as to render untenantable more than fifty <br /> percent of the floor area of the entire building on the Leased Premises, then <br /> Lessees may elect either to terminate this Lease or to proceed to rebuild and repair <br /> the improvements. Lessees shall give written notice to Lessor of such election <br /> within 60 days after notice of such casualty and, if it elects to rebuild and repair, <br /> shall proceed to do so with reasonable diligence and at its sole cost and expense. <br />11.3 During any period of reconstruction or repair of the Leased Premises, this Lease <br />
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