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Packet 20230918
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5G Consent
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3/21/2024 5:55:01 PM
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9/19/2023 5:43:02 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Staff Report
Document Date (6)
9/18/2023
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Form51.16 (Rev. 10/14) <br />Page 29 of 37 <br /> <br />(2) Lessee's failure to obtain or maintain liability insurance or a surety bond or other <br />security device as required under this Lease; or <br /> <br />(3) Lessee's abandonment of the Lease Premises (including the covenant for <br />continuous use as provided for in Paragraph 5(b)) during the Lease term; or <br /> <br />(4) Lessee's failure to obtain and maintain all necessary governmental permits or <br />other entitlements; or <br /> <br />(5) The maintenance of the Lease Premises in violation of, or failure to comply with, any <br />applicable provisions of any Regulatory Agency, Environmental Law, or maintenance <br />of the Lease Premises in a condition constituting nuisance; or <br /> <br />(6) Lessee’s Failure to commence to construct and to complete construction of the <br />Improvements authorized by this Lease within the time limits specified in this Lease. <br /> <br />(7) Lessee is found to sublet or otherwise surrender daily management and control of <br />the Lease Premises to a third party without the knowledge, expressed written consent <br />or authorization of the Lessor. <br /> <br />(b) Lessee's failure to observe or perform any other term, covenant, or condition of this <br />Lease when such failure shall continue for a period of thirty (30) days after Lessor's giving <br />written notice shall constitute a Default of this lease. However, if the nature of Lessee's <br />Default under this paragraph is such that more than thirty (30) days are reasonably <br />required for its cure, then Lessee shall not be deemed to be in Default if Lessee <br />commences such cure within such thirty (30) day period and diligently proceeds with such <br />cure to completion. <br /> <br />(c) Should Lessee Breach any term, covenant, or condition of this Lease under Paragraph <br />12(b) above three (3) times in any three hundred and sixty-five (365) day period, the third <br />Breach will be a Default under this Lease and Lessor will be entitled to immediately <br />terminate this Lease, and take other appropriate action. Lessor will provide written notice <br />of each Breach as provided above, and provide written notice that future Breaches will <br />constitute immediate Default with no cure period. <br /> <br />(d) Remedies <br />In the event of a Default by Lessee and Lessee's failure to cure such Default if such a <br />cure period is applicable, Lessor may at any time and with or without notice do any one
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