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Agmt01 Joint Powers Board
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Agmt01 Joint Powers Board
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Last modified
7/5/2005 2:52:32 PM
Creation date
4/23/2002 10:17:59 AM
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Template:
Agreement
Contractor Name
Joint Powers Board (Peninsula Corridor)
PROJECT NAME
James Avenue lease agreement
RMP File Number
304
Date
11/16/2001
Reso Ref
14385
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24. Surrender of the Premises; Holding Over. <br /> <br /> (a) Upon termination of this Lease, Lessee shall leave the Premises in a neat <br />and clean condition satisfactory to Lessor and free of all personal property of Lessee. All <br />repairs, Alterations and/or other improvements made by Lessee shall become the property of <br />Lessor, provided that Lessor may, by written notice given to Lessee on not less than ten (10) <br />days prior to the expiration of the Lease, require Lessee to remove any such Alterations and <br />improvements from the Premises and to restore the Premises to their original condition (normal <br />wear and tear excepted) prior to termination of this Lease. If Lessee fails to do so, Lessor may <br />perform such removal and restoration work in which case Lessee shall pay Lessor within thirty <br />(30) days after demand therefor (1) an amount equal to the rent (as in effect immediately before <br />termination) for the period during which such removal is accomplished to compensate Lessor for <br />the loss of rent to Lessor resulting from the unavailability of the Premises for leasing to another <br />Lessee during such time and (2) the cost of removal of such improvements: Lessor shall use <br />reasonable diligence on the removal of such improvements. <br /> <br /> (b) If Lessee, without Lessor's written consent, remains in possession of all or <br />part of the Premises after termination or expiration of this Lease, such occupancy shall be <br />construed to be a tenancy from month-to-month, subject to the terms and conditions of this <br />Lease, except that the Base Rent shall automatically increase to 200% of the Base Rent in effect <br />immediately prior to such termination or expiration. <br /> <br /> 25. Condemnation. <br /> <br /> If all or part of the Premises is acquired by eminent domain or by purchase in lieu <br />thereof, Lessee shall have no claim to any compensation awarded for the taking of the Premises <br />or any portion thereof, including Lessee's leasehold interest therein or any bonus value of this <br />Lease, or to any compensation paid as severance damages, or for loss of or damage to Lessee's <br />Alterations or improvements, except as may be expressly provided in this Lease. <br /> <br /> 26. Assignment and Subletting. <br /> <br /> Lessee shall not assign or encumber or otherwise Transfer, as defined below, its interest <br />in this Lease without the prior written consent of Lessor. Lessor shall not unreasonably withhold <br />consent to any Transfer in the event the proposed sublessee or assignee meets Lessor's credit, <br />business/qualification and reputation requirements and the proposed occupancy is consistent with <br />the general character of the use permitted by this Lease. With respect to any such approved <br />transfer, Lessor shall be entitled as additional rent for the duration of the Transferee's Occupancy <br />to an amount equal to fifty percent (50%) of the difference between the rent charged by Lessee to <br />the proposed Transferee the then current Base Rent hereunder. For purposes of this Lease, the <br />term "Transfer" means any assignment, encumbrance, transfer or subletting, change in more than <br />50% ownership interest or control of Lessee, or a reorganization or merger of Lessee by <br />operation of law. As a condition to Lessor's consideration of any Transfer, Lessee will pay to <br />Lessor, whether or not consent is ultimately given, Lessor's reasonable attorneys' fees incurred <br />in connection with each request for such consent. No Transfer, even with Lessor's written <br />consent thereto, shall release Lessee from its obligations hereunder. Lessor's consent to one <br />Transfer shall not constitute its consent to any another Transfer, or a waiver of Lessor's rights <br />hereunder. Lessee's Transferee shall agree in writing to be bound by all of the terms and <br /> <br /> -11- <br /> 895092.2 <br /> <br /> <br />
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