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Reso 1996-031 to 035
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Reso 1996-031 to 035
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Resolution
Document Date (6)
12/31/1996
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processing and accounting charges. Therefore, if any installment of rent due <br />from Lessee (whether minimum rent or percentage rent) is not received by City <br />within thirty (30) days after the date when due, Lessee shall pay to City an <br />additional sum of two percent (2%) per month of the overdue rent, from the <br />date such sum was due and payable until paid, as a late charge. The parties <br />agree that this late charge represents a fair and reasonable estimate of the costs <br />that City will incur by reason of late payment by Lessee. Acceptance of any <br />late charge shall not constitute a waiver of Lessee's default with respect to the <br />overdue amount, or prevent City from exercising any of the other rights and <br />remedies available to City. <br />In any case in which provision is made herein for the termination of this <br />agreement by City, or in the case of abandonment or vacating of the premises <br />by Lessee, if the lending agency holding an encumbrance upon the leasehold <br />estate has not remedied or otherwise removed the default as hereinabove <br />provided, City in lieu of declaring a forfeiture may enter upon the premises. <br />To such end, Lessee hereby irrevocably appoints City its agent to remove any <br />and all persons or property from said premises and to place any such property <br />in storage for the account of and at the expense of Lessee. In such case, City <br />may relet the premises upon such terms as to it may seem proper, and if a <br />sufficient sum shall not be realized thereby, after paying expenses of such <br />reletting, to satisfy the rent and other sums herein agreed to be paid by Lessee, <br />Lessee agrees to pay any such deficiency. Lessee further agrees to save City <br />harmless from any loss or damage or claim arising out of the action of City in <br />pursuance of this paragraph. Lessee hereby waives the provisions of Civil Code <br />Section 1954. <br />31. SURRENDER OF PREMISES <br />Lessee covenants and agrees'that at the expiration of this lease, or upon its earlier <br />termination, it will quit and surrender said premises with all the improvements <br />thereon in as good state and condition as the same were when possession thereof was <br />given to Lessee, reasonable wear and tear excepted, and Lessee agrees, unless <br />otherwise permitted in writing by City, to remove all personal property belong to <br />Lessee. Upon such termination, City shall have the right to enter upon and take <br />possession of all of the said premises. <br />32. INSPECTION OF PREMISES <br />City or its duly authorized representatives or agents may enter upon said premises at <br />any and all reasonable times during the term of this lease for the purpose of <br />determining whether or not Lessee is complying with the terms and conditions hereof <br />or for any other purpose incidental to rights of City. <br />33 <br />
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