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Res85 10017
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Res85 10017
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Last modified
10/11/2019 1:41:19 PM
Creation date
10/11/2019 1:41:17 PM
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Template:
CC Index
CC Index - Document Type
Resolution
Date
9/23/1985
Description
RES 0 L UTI 0 N N O. 10017 SE? 23 1985 RESOLUTION APPROVING AND AUTHORIZING EXECUTION OF LEASE AGREE~mNT WITH THE STATE LANDS COMMISSION FOR A PORTION OF SEAPORT BOULEVARD BE IT RESOLVED BY THE COUNCIL OF THE CITY OF REDWOOD CITY, AS FOLLOWS: That certain lease agreement designated No. W23427, by and between the City of Redwood City and the State of California/State Lands Commission is hereby approved, and the City Manager is hereby authorized to execute said lease agreement for and on behalf of the City of Redwood City
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<br />-..-----. <br /> <br />1 13. RESTORAnON OF LEASE PREMISES <br />(a) Upon expiration or sooner termination of this Lease. Lessor <br />may accept all or any portion of the Lease Premises, as then im- <br />proved with structures. buildings. pipelines, machinery, facilities <br />and fills in place; or Lessor may require Lessee to remove all <br />or any portion of such improvements at its sole expense and risk; <br />or Lessor may itself remove or have removed all or any portion of <br />such improvements at Lessee's sole expense. <br /> <br />(2) Any such waiver shall not be deemed to be a waiver of <br />any other term, covenant or condition or any other default or <br />breach of any term, covenant or condition of this Lease. <br /> <br />(b) nme: <br />Time is of the essence of this Lease and each and all of its <br />terms, covenants or conditions in which performance is a factor. <br /> <br />(b) In removing any such improvements Lessee shall restore the <br />Lease Premises as nearly as possible to the conditions existing <br />prior to their installation or construction. <br /> <br />(c) Notice: <br />All notices required to be given under this Lease shall be <br />given in writing, sent by United States mail with postage prepaid, <br />to Lessor at the offices of the State Lends Commission and to <br />Lessee at the eddress specified in ~ction 1. Lessee shall give <br />Lessor notice of any change in its name or address. <br /> <br />(c) All such removal and restoration shall be to the satisfaction <br />of Lessor and shall be completed within ninety (90) days of the <br />expiration or sooner termination of this Lease. <br /> <br />(d) Consent: <br />Where Lessor's consent is required under this Lease its <br />consent for one transaction or event shall not be deemed to be a <br />consent to any subsequent occurrence of the same or any other <br />transaction or event. <br /> <br />14. QUITCLAIM <br />Lessee shall, within ninety (90) days of the expiration or sooner <br />termination of this Lease. execute and deliver to Lessor in a form <br />provided by Lessor a good and sufficient release of all rights under this <br />Lease. Should Lessee fail or refuse to deliver such a release, a written <br />notice by Lessor reciting such failure or refusal shall, from the date of <br />its recordation, be conclusive evidence against Lessee and all other <br />claimants of the termination of this Lease and any rights or interests <br />of Lessee in the Lease Premises. <br /> <br />(e) Changes: <br />This Lease mey be terminated and its term, covenants and <br />conditions amended, revised or supplemented by mutual agree- <br />ment of the parties. <br /> <br />15. HOLDING-OVER <br />Any holding-over by Lessee after the expiration of the Lease term. <br />with or without the express or implied consent of Lessor, shall con- <br />stitute a tenancy from month-to-month and not an extension of the <br />Lease term and shall be on the terms, convenants and conditions of <br />this Lease with rental, royalty or other consideration payable in <br />advance on the first day of each month, at the rate of one-twelfth <br />(1 /12th) of the annual amount. <br /> <br />(f) Successora: <br />The terms. covenants and conditions, of this Lease shall <br />extend to and be binding upon and inure to the benefit of the heirs, <br />successors, and assigns of the raspective parties and if more than <br />one Lessee is a party to this Lease, the obligations of the Lessees <br />shall be joint and several. <br /> <br />18. ADDlnONAL PROVISIONS <br />(a) Waiver: <br />(1) No term, covenant or condition of this Lease and no <br />default or breach of any such term, covenant or condition <br />shall be deemed to have been waived, by Lessor'ucceptance <br />of a late or nonconforming performance or otherwise, unless <br />such a waiver is expressly acknowledged by Lessor in <br />writing. <br /> <br />(g) Captions: <br />, The captions of this Lease are not controlling and shall have <br />no effect upon its construction or interpretation. <br /> <br />(h) Severability: <br />If any term, covenant or condition of this Lease is judicially <br />determined to be invalid, it shall be considered deleted and shall <br />not invalidate any of the remaining terms, covenants and <br />conditions. <br /> <br />STATE OF CALIFORNIA - STATE LANDS COMMISSION <br />LEASE P.R.C. No. PRe <br /> <br />,\ <br /> <br />This lease will become binding upon the State only when duly executed on behalf of the State lands Commission of <br />the State of California; <br />IN WITNESS WHEREOF. the parties hereto have executed this lease as of the date hereafter affixed. <br /> <br />LESSEE <br /> <br />THE CITY OF REDWOOD CITY <br /> <br />STATE OF CALIFORNIA <br />STATE LANDS COMMISSION <br /> <br />By: <br /> <br />Title <br /> <br />Date <br /> <br />, . <br /> <br />The issuance of this lease was authorized b'l the State <br />Lands Commision on Ju1v 25. 198:> <br />(Month Day Yearl <br /> <br />ACKNOWLEDGEMENT <br /> <br />~ <br /> <br />~lnll ';1 1" {7 1Il"1 <br />
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