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8K Consent 2010 0607
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8K Consent 2010 0607
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6/5/2019 9:35:50 AM
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6/4/2010 9:55:11 AM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Staff Report
Document Date (6)
6/7/2010
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_CC Agenda 2010 0607
(Reference)
Path:
\City Clerk\City Council\Agenda Packets\2010\Packet 2010 0607
Reso 2010-067
(Reference)
Path:
\City Clerk\City Council\Resolutions\2010
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assure Landlord that (i) the rent required to be paid or discharged by Tenant shall be paid or discharged in <br />full at the times and in the manner herein specified, and (ii) the Premises shall continue to be operated only <br />for the purposes permitted under Section 4, Use of Premises. The provisions of this section have been <br />included in this lease to assure that the basic understandings between Landlord and Tenant with respect to <br />Tenant's use of the Premises and the benefits to Landlord therefrom are preserved consistent with the <br />purpose and intent of applicable bankruptcy laws. <br />17. DISCRIMINATION CLAUSE: Tenant shall not discriminate in any programs or activities <br />for which the Premises are leased on the basis of race, color, creed, national origin, age, sex, sexual <br />orientation, or disability. Any such act of discrimination will constitute a breach of the terms of this lease, <br />and Tenant shall defend and indemnify Landlord against any claim of discrimination in accordance with the <br />provisions of this Lease. <br />18. EMINENT DOMAIN: Should the demised Premises or any portion thereof be taken for <br />public use by right of eminent domain with or without litigation, this Lease shall terminate as of the date of <br />taking, and any award for compensation or damages, whether attained by agreement prior to or during the <br />time of trial, or by judgment or verdict after trial, other than that portion of said award, if any, based upon a <br />taking of Tenant's personal property, shall belong and be paid to Landlord. Any other portion of the award <br />including those portions based on Tenant's leasehold estate and fixtures shall belong to and be paid to <br />Landlord. Landlord and Tenant intend that the provisions of this Section 18 govern fully in the event of a <br />taking and accordingly, the Parties each hereby waive any rights under Sections 1265.120 and 1265.130 of <br />the California Code of Civil Procedure or under any similar law now or hereafter in effect. <br />19. SUBORDINATION: This Lease is and shall be subordinate to any reciprocal easement <br />agreement, ground lease, facilities lease or other underlying lease and the lien of any mortgage or deed of <br />trust and all renewals, modifications, consolidations, replacements and extensions of any of the foregoing, <br />that may now exist or hereafter be executed by Landlord affecting the Premises, or any part thereof, or <br />Landlord's interest therein, without the necessity of executing any instrument to effectuate such <br />subordination; provided, however, upon Landlord's request, Tenant, or Tenant's successor -in -interest, shall <br />execute and deliver any and all instruments desired by Landlord evidencing such subordination in the <br />manner requested by Landlord. Notwithstanding the foregoing, Landlord or the holder shall, in its <br />respective discretion, have the right to subordinate any such interests to this Lease. If any ground lease or <br />underlying lease terminates for any reason or any mortgage or deed of trust is foreclosed or a conveyance <br />in lieu of foreclosure is made for any reason, Tenant shall attorn to the successor -in -interest to Landlord at <br />the option of such successor -in -interest. The provisions of this Section shall be self -operative and no <br />further instrument shall be required. Tenant agrees, however, to execute and deliver, upon demand by <br />Landlord and in the form requested by Landlord, any additional documents evidencing the priority or <br />subordination of this Lease. <br />20. NOTICES: Any notice given under this Lease shall be effective only if in writing and given <br />by delivering the notice in person or by sending it first-class mail or certified mail with a return receipt <br />requested or by overnight courier, return receipt requested, with postage prepaid, to: (a) Tenant (i) at <br />Tenant's address set forth below, or (ii) at any place where Tenant or any Agent of Tenant may be found if <br />sent subsequent to Tenant's vacating, abandoning or surrendering the Premises; or (b) Landlord (i) at <br />Landlord's address set forth below; or (c) to such other address as either Landlord or Tenant may <br />designate as its new address for such purpose by notice given to the other in accordance with the <br />provisions of this Section at least ten (10) days prior to the effective date of such change. Any notice <br />10 <br />
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