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10C Action Items 2017 1218
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10C Action Items 2017 1218
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12/13/2017 11:33:37 AM
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12/13/2017 11:33:35 AM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agenda
Document Date (6)
12/18/2017
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Reso 2017-180
(Reference)
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\City Clerk\City Council\Resolutions\2017
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<br />It is understood that the remedies provided for Lessor in case of a breach by Lessee are not <br />exclusive, but are in addition to any remedies provided by law, any of which Lessor shall have <br />the right to use at its option. <br />26. CONDEMNATION <br />If any part of the Premises is condemned for a public use and a part of the Premises remains that <br />is capable of occupation and use as authorized under this Lease, this Lease shall, as to the part so <br />taken, terminate as of the date title shall vest in the condemnor. If all of the Premises is <br />condemned or if such part is condemned so that there does not remain a portion capable of <br />occupation and use as herein authorized, this Lease shall thereupon terminate. If a part or all of <br />the Premises is condemned, all compensation awarded upon such condemnation, except such <br />compensation as shall be specifically awarded to Lessee for loss of or damages to fixtures owned <br />by Lessee, or business interruption or moving expenses, shall go to Lessor and Lessee shall have <br />no claim thereto and Lessee irrevocably assigns and transfers to Lessor any and all rights to all <br />other compensation or damages to which Lessee may become entitled during the Term of this <br />Lease by reason of the condemnation. <br />27. TAXES AND ASSESSMENTS <br />The property interest created by this Lease may be subject to property taxation and the Lessee <br />may be subject to the payment of property taxes levied on this interest. Lessee agrees to pay all <br />lawful taxes, assessments, or charges which at any time may be levied by any tax or assessment <br />levying body upon any interest in this Lease or any possessory right that Lessee may have in or <br />to the Premises under this Lease. <br />28. TERMINATION (NONDEFAULT) <br />Lessor’s Right to Terminate. Lessor may terminate this Lease by providing at least one (1) year <br />written notice to Lessee. <br />Lessee’s Right to Terminate. Lessee may terminate this Lease by providing at least one (1) year <br />written notice to Lessor. <br />After expiration of Initial Term, if lease is in holdover, either party may terminate occupancy by <br />providing at least thirty (30) days’ notice. <br />Upon termination, neither party will owe any further obligation under the terms of this Lease <br />except for Lessee’s responsibility to remove all of Lessee’s facilities from the Premises and <br />restore the Premises to its original condition, as near as practicable in accordance with Section <br />32, below. <br />Upon any early termination of this Lease, any prepaid Consideration shall be prorated from the <br />date of termination and returned to Lessee. <br />546
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