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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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avoided; and (d) any other amount necessary to compensate Lessor for all detriment <br />proximately caused by Lessee's failure to perform its obligations under the Lease. As <br />used in subparts (a) and (b) above, the "worth at the time of the award' is computed <br />by allowing interest on unpaid amounts at the rate of ten percent (10%) per annum. . <br />As used in subparagraph (c) above, the "worth at the time of the award" is computed <br />by discounting such amount at the discount rate of the Federal Reserve Bank of San <br />Francisco at the time of the award, plus one percent (1 %). In addition, if Lessee's <br />default is one that causes the integrity of the improvements located on the Leased <br />Premises to be in imminent danger, then, upon the expiration of Lessee's cure period <br />set forth in Section 23.1 above, Lessor shall have the right to enter the Leased <br />Premises at any time and make such repairs as are necessary to prevent injury to the <br />Leased Premises. <br />23.2 (b) If either party at any time by reason of the other party's default <br />pays any sum or does any act that requires payment of any sum, the sum paid by the <br />non -defaulting party shall be immediately due and owing by the defaulting party to <br />the non -defaulting party at the time the sum is paid, and if paid at a later date shall <br />bear interest at the rate of ten percent (10%) per annum from the date the sum is <br />paid by the non -defaulting party until the non -defaulting party is reimbursed by the <br />defaulting party. <br />23.2 (c) No remedy or election hereunder or at law or in equity shall be <br />deemed exclusive, but shall, wherever possible, be cumulative with all other remedies <br />or elections. <br />24. QUIET ENJOYMENT. <br />Subject only to the terms of this Lease, Lessor shall secure to Lessee the quiet <br />and peaceful enjoyment of the Leased Premises and the sole and exclusive possession <br />of the Leased Premises without objection or interference from Lessor or any party <br />claiming under Lessor. <br />25. GENERAL PROVISIONS. <br />25.1 Entire Agreement. This Lease contains all of the agreements of the <br />parties with respect to the matters covered by this Lease, and no prior agreements, <br />oral or written, or understandings or representations of any nature whatsoever <br />pertaining to any such matters shall be effective for any purpose unless expressly <br />incorporated in the provisions of this Lease. The provisions of this Lease shall not be <br />amended or altered except by an agreement in writing signed by both of the parties. <br />LEASE AGREEMENT BETWEEN <br />CITY OF SAN LEANDRO AND AMERICAN GOLF PAGE 32 <br />11/13/97 FINAL J.\WPD\CSL\l36\0IWGREE\GOLFCOURWGREE\LEASE.CLN <br />
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