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8L Consent 2014 0616
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8L Consent 2014 0616
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6/30/2014 10:03:40 AM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Staff Report
Document Date (6)
6/16/2014
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_CC Agenda 2014 0616 CS+RG
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\City Clerk\City Council\Agenda Packets\2014\Packet 2014 0616
Reso 2014-063
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\City Clerk\City Council\Resolutions\2014
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15 <br />17.TENANT DEFAULTS AND CURE:If Tenant violates any provision or <br />fails to perform any obligation under this Lease, Landlord may, at its option, take one <br />or more of any of the following actions: <br />a. Terminate the lease with 30 days prior written notice. <br />b. Provide Tenant with written notice of 30 days to cure the default. The written <br />notice shall inform the Tenant that ifthe default is not cured within the 30 day period, <br />the lease will be terminated immediately after the expiration of the 30th day. <br />c. Landlord may opt to cure the default, in which event theLandlord will provide <br />Tenant with written noticethat it intends to cure and that the reasonable cost thereof <br />becomes immediately due and payable to Landlord as additional rent. Tenant’s <br />failure to pay Landlord for cure within 10 days after submission of an invoiceto <br />Tenant will result in the immediate termination of the Lease upon expiration of the <br />10th day. <br />d. Pursue any other remedy available at law or equity. <br />18.INSOLVENCY: Each of the following events relating to insolvency by <br />Tenant shall be abreach of this Lease. <br />A.Ageneral assignmentby Tenant for the benefit of its creditors; or <br />the admission in writing by Tenant of its inability to pay its debts as they become <br />due; either (i) the appointment of a receiver or trustee to take possession of all or <br />substantially all of the assets of Tenantor to control the governance of Tenant, or (ii) <br />any action or proceeding commenced by or against Tenant under any insolvency or <br />bankruptcy act, or under any other statute or regulation having as its purpose the <br />protection of creditors, which is not discharged in accordance with Section 17, <br />Tenant Defaults and Cure. Upon the happening of (i) or (ii), Landlord shall have the <br />right, subject to the rights of Tenant and any trustee insuch proceedings, to <br />terminate this Lease. If under the law then applicable, Tenant or the trustee has the <br />right to affirm this Lease and continue to perform the obligations of Tenant <br />hereunder, Tenant or the trustee shall cure all defaults of Tenant outstanding as of <br />the date of the affirmation of this Lease and provide to Landlord such adequate <br />assurances as may be necessary to assure Landlord of the continued performance <br />of Tenant’s obligations under this Lease. Specifically, but without limiting the <br />generality of the foregoing, Tenant or the trusteeshallassure Landlord that (i) the <br />rent required to be paid or discharged by Tenant shall be paid or discharged in full at <br />the times and in the manner herein specified, and (ii) the Premises shall continue to <br />be operated only for the purposes permitted under Section 5, Use of Premises. The <br />provisions of this section have been included in this lease to assure that the basic <br />understandings between Landlord and Tenant with respect to Tenant’s use of the <br />Premises and the benefits to Landlord therefrom are preserved consistent with the <br />purpose and intent of applicable state receivership, conservatorship, or similarlaws. <br />19.DISCRIMINATION CLAUSE: Tenant shall not discriminate in any <br />programs or activities for which the Premises are leased on the basis of race, color,
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