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Res85 9838
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Res85 9838
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Last modified
10/11/2019 1:42:38 PM
Creation date
10/11/2019 1:42:36 PM
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CC Index
CC Index - Document Type
Resolution
Date
3/25/1985
Description
6RIGINAL RESOLUTION N0. 9838 NAR 25 7985 RESOLUTION ACCEPTING AND APPROVING LEASE FOR SANITARY SEWER FORCE MAIN (REDWOOD SHORES) FROM STATE LANDS COMMISSION
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13. RESTORATION OF LEASE PREMISES <br />(a) Upon expiration or sooner termination of this Lease, Lessor <br />msy accept all or any portion of the Leas Premises, as than im- <br />proved with structures. buildings, pipelines, machinery, facilities <br />and fills in place; or Lessor may require Losses to remove all <br />or any portion of such Mnprovements at its sole expense and risk; <br />or Lessor may it"If remove or have removed all or any portion of <br />such improvements at Lessee's sols expense. - <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 />(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 Lasso. <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 s 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 />15. HOLDING -OVER <br />Any holding -over by Lessee after the expiration of the tease 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-wntfth <br />(1 /12th) of the annual amount. <br />16. ADDITIONAL 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's acceptance <br />of a late or nonconforming performance or otherwise, unless <br />such a waiver is expressly acknowledged by Lessor in <br />writing. <br />STATE OF CALIFORNIA — STATE LANDS COMMISSION <br />LEASE P.R.C. No <br />A <br />(2) Any such waiver shall not be deemed to be s waiver d <br />any other term, covenant or condition or any other default or <br />breach of any term, covenant or condition of this Leas. <br />fb) Time: <br />Tinto is of the essence of this Lease and each and all of its <br />-terms. covenants or conditions in which performance is a I c a . <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 Lands Commission and tc <br />Lessee at the address specified in Section 1. Lessee shall give <br />Lessor notice of any change in its name or address. <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 />(e) Changes: <br />This Lease may be terminated and its term, covenants and <br />conditions amended, revised or supplemented by mutual agree- <br />ment of the parties. <br />(f) Successors: <br />The terms, covenants and conditions, of this Lease Shan <br />extend to and be binding upon and inure to the benefit of the heirs. <br />successors, and assigns of the respective 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 />(9) Captions: <br />The captions of this Lease are not controlling and shall have <br />no effect upon its construction or interpretation. <br />(h) Severability: <br />If any term, covenant or condition of this Lease is judicialr, <br />determined to be invalid, it shall be considered deleted and she' <br />not invalidate any of the remaining terms, covenants and <br />conditions. <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 />LESSEE : CITY OF REDWOOD CITY STATE OF CALIFORNIA <br />STATE LANDS COMMISSION <br />BY : By: <br />Title <br />Date <br />The issuance of this lease was authorized by the Star <br />ACKNOWLEDGEMENT Lands Commision on <br />(Month pay Year) <br />Page 6 of 7 Form 51.15 i7 F= <br />
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