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Reso 1997-146 to 150
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Reso 1997-146 to 150
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Resolution
Document Date (6)
12/31/1997
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repair and restore the Leased Premises and thereafter diligently pursue such <br />restoration to completion. <br />18.2 Partial Destruction. If the Facility should be partially damaged by fire <br />or other casualty or a force majeure event, then Lessee shall, subject to the availability <br />of insurance proceeds (it being understood and acknowledged that Lessee shall have <br />no obligation to repair or restore any portion of the Leased Premises if insurance <br />proceeds are not available to fully restore the same), restore the buildings, <br />improvements and Personal Property in a good and workmanlike manner to a <br />condition as good as or better than the condition in which the buildings, <br />improvements and Personal Property existed prior to their damage or destruction. <br />For purposes of this Lease, the term "partially damaged" means (a) damage to the <br />extent of one third or less of the value of the buildings, improvements and Personal <br />Property at the Leased Premises or (b) damage to the extent that no more than nine <br />holes on the golf course at the Leased Premises are rendered unplayable. If the <br />insurance proceeds made available to Lessee are not sufficient to fully restore the <br />Leased Premises, then Lessee may terminate this Lease upon written notice to Lessor <br />in which event the parties shall have no further liability hereunder. In addition, <br />notwithstanding anything in this Section 18.2 to the contrary, if, as a result of the <br />partial destruction of the Leased Premises, Lessee is unable to make full and <br />productive economic use of the Leased Premises and, in Lessee's reasonable <br />determination, the full and complete restoration of the Leased Premises will take in <br />excess of one hundred eighty (180) days, then Lessee may, upon written notice to <br />Lessor within sixty (60) days after the partial destruction occurs, terminate this Lease, <br />in which event the parties shall have no further obligations hereunder. <br />18.3 Rental Abatement and Term Extension. If Lessee is unable to make full <br />and productive economic use of the Leased Premises during repair, reconstruction or <br />replacement as provided for in this Section, Lessee's rental obligations under Article 6 <br />shall be abated until such time as Lessee is again fully able to do so. The Lease term <br />shall also be extended for a period equivalent to the length of time required to restore <br />the Leased Premises and make them available to Lessee for Lessee's use pursuant to <br />Article 2 of this Lease. <br />18.4 Application of Insurance Proceeds Upon Termination. If, after the <br />partial or total destruction of the Leased Premises, this Lease is terminated pursuant <br />to the provisions of this Article 18, then all insurance proceeds made available on <br />account of such destruction shall first be paid to Lessee to reimburse Lessee for the <br />value of any and all improvements made to the Leased Premises by Lessee prior to <br />such destruction until such time as Lessee has received full reimbursement for all such <br />LEASE AGREEMENT BETWEEN <br />CITY OF SAN LEANDRO AND AMERICAN GOLF PAGE 23 <br />11/13/97 FINAL j:\WPD\CSL\13o\OIWGREaCOLFCOURWGREE\LFASE.CLN <br />
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