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Last modified
2/15/2008 11:30:25 AM
Creation date
2/15/2008 11:06:21 AM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agreement
Document Date (6)
2/5/2008
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PERM
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Reso 2008-012
(Approved by)
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\City Clerk\City Council\Resolutions\2008
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any person entering upon the same with the consent of the Lessee expressed or implied. <br />Proposed plans for additional driveways, fence openings, wheel rails, surfacing, column <br />protection and lighting shall be filed with and approved by Lessor prior to the commencement of <br />any work hereunder by the Lessee. <br />8. Compliance with Law and Applicable Rules and Regulations. The Lessee shall <br />secure all necessary permits required in connection with operations on the Leased Premises and <br />shall comply with all local statutes, ordinances, and regulations that may affect, in any respect, <br />Lessee's use of the Leased Premises. <br />9. Assi ng rnent. The Lessee shall not assign this Lease in any event and shall not <br />sublet the Leased Premises without prior written approval by the Lessor. No holding over by <br />Lessee shall operate to renew this Lease without the written consent of the Lessor endorsed <br />thereon. Should the Lessee hold over after the expiration of the term of this Lease with the <br />consent of the Lessor, expressed or implied, said tenancy shall be deemed to be a tenancy only <br />from month-to-month, subject otherwise to all of the terms and conditions of this Lease so far as <br />applicable. <br />10. Right to Inspect Premises. The Lessor specifically reserves the right of entry by <br />authorized officer, engineer, employee, contractor, or agent of the Lessor, for the purpose of <br />inspecting said Leased Premises, or doing any and all acts necessary or proper on said Leased <br />Premises, in connection with the protection, maintenance, reconstruction and operation of the <br />structure and its appurtenances; provided, further, that the Lessor reserves the right, at its <br />discretion, to immediate entry upon the Leased Premises and to take immediate possession of the <br />same only in case of any national or other emergency or for the purpose of preventing sabotage, <br />and for the protection of said overpass structure, in which event the terms of this Lease shall be <br />extended for a period equal to the emergency occupancy by Lessor, and during said period <br />Lessee shall be relieved from the performance of all conditions or covenants specified herein. <br />11. No Recordation of Lease. This Lease shall not be recorded and the Leased <br />Premises shall not be encumbered. <br />12. Quiet Conduct; Waste. The Lessor hereby covenants and agrees with the Lessee <br />that the Lessee keeping and performing the covenants and agreements herein contained on the <br />part of the Lessee to be kept and performed, shall at all times during said tenancy peaceably and <br />quietly have, hold and enjoy the Leased Premises, without hindrance from the Lessor; provided, <br />however, and it further agreed, that if any rent shall be due and unpaid after the same shall <br />become payable as aforesaid; or if the Lessee shall not perform and fulfill each and every one of <br />the conditions and covenants herein contained to be performed by said Lessee or if a petition of <br />bankruptcy be filed by or against Lessee or if Lessee becomes insolvent; or if any proceeding is <br />filed to subject this Lease or the interest of Lessee herein to garnishment or sale under execution <br />or if Lessee makes an assignment for the benefit of creditors; or if Lessee discontinues business <br />in the Leased Premises for more than a continuous 60-day period; or if attempts to sell or assign <br />this Lease without the written consent of Lessor; said act or acts of omission or commission may <br />at the option of Lessor constitute a forfeiture of all rights under, the voiding of, and the ending of <br />the term of this Lease. <br />3 <br />
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