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Agmt 2011 White Cap Construction Supply
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Agmt 2011 White Cap Construction Supply
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7/20/2012 5:23:02 PM
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9/20/2011 9:01:11 AM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agreement
Document Date (6)
9/14/2011
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PERM
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Reso 2011-153
(Approved by)
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\City Clerk\City Council\Resolutions\2011
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be unreasonably withheld, conditioned or delayed. No holding over by Lessee shall operate to <br /> renew this Lease without the written consent of the Lessor endorsed thereon. Should the Lessee <br /> hold over after the expiration of the term of this Lease with the consent of the Lessor, expressed <br /> or implied, said tenancy shall be deemed to be a tenancy only from month -to- month, subject <br /> otherwise to all of the terms and conditions of this Lease so far as applicable. <br /> 10. Rie,ht to Inspect Premises. Upon no less than 24 hours' prior notice (except in an <br /> emergency), and with Lessee having the right to be present at all inspections, the Lessor <br /> specifically reserves the right of entry by authorized officer, engineer, employee, contractor, or <br /> agent of the Lessor, for the purpose of inspecting said Leased Premises, or doing any and all acts <br /> necessary or proper on said Leased Premises, in connection with the protection, maintenance, <br /> reconstruction and operation of the structure and its appurtenances; provided, further, that the <br /> Lessor reserves the right, at its discretion, to immediate entry upon the Leased Premises and to <br /> take immediate possession of the same only in case of any national or other emergency or for the <br /> purpose of preventing sabotage, and for the protection of said overpass structure, in which event <br /> the terms of this Lease shall be extended for a period equal to the emergency occupancy by <br /> Lessor, and during said period Lessee shall be relieved from the performance of all conditions or <br /> 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 /> 13. Time of the Essence. Time is of the essence for each and all of the terms and <br /> provisions of this Lease. <br /> 1.4. Termination. Notwithstanding anything herein contained to the contrary, this <br /> Lease may be terminated, and the provisions of this Lease may be altered, changed or amended <br /> by mutual consent of the Parties hereto. <br /> 4 <br />
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