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Res14 15316
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Res14 15316
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Last modified
1/31/2014 10:54:08 AM
Creation date
1/31/2014 10:54:05 AM
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Template:
CC Index
CC Index - Document Type
Resolution
Meeting Type
Regular
Agency Type
City Council
Date
1/27/2014
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Agreement No. 800617 <br /> (a) Cure said Default by Lessee at Lessee's expense. Lessee shall, upon <br /> demand, immediately reimburse Agency for the cost of such cure together with interest at the <br /> Interest Rate from the date of the expenditure therefor by Agency until such reimbursement is <br /> received by Agency. <br /> (b) Maintain Lessee's right to possession in which case this Lease shall <br /> continue in effect whether or not Lessee shall have vacated or abandoned the Premises, in which <br /> event Agency shall be entitled to enforce all of Agency's rights and remedies under this Lease, <br /> including the right to recover the Rent as it becomes due hereunder as provided in California <br /> Civil Code Section 1951.4. Acts of maintenance or preservation, efforts to re-let the Premises, or <br /> the appointment of a receiver upon the initiative of Agency to protect Agency's interest under <br /> this Lease shall not constitute a termination of Lessee's right to possession. No act by Agency <br /> other than giving written notice to Lessee will terminate this Lease. <br /> (c) Terminate Lessee's right to possession of the Premises by any lawful <br /> means, in which case this Lease shall terminate and Lessee shall immediately surrender <br /> possession of the Premises to Agency. In such event Agency shall be entitled to recover from <br /> Lessee the sum of all amounts set forth in California Civil Code Section 1951.2(a), including <br /> without limitation, the worth at the time of award of the amount by which all unpaid rent for the <br /> balance of the Term of this Lease after the time of award exceeds the amount of such rental loss <br /> that Lessee proves could be reasonably avoided, and all other damages incurred by Agency by <br /> reason of Lessee's default including, without limitation, the cost of recovering possession of the <br /> Premises, and expenses of re-letting such as renovation of the Premises and real estate <br /> commissions and finder's fees actually paid for such re-letting. The "worth at the time of award" <br /> shall be computed in the manner provided in California Civil Code Section 1951.2(b) or its <br /> successor statute. For the purpose of determining unpaid rent under this paragraph, the rent <br /> reserved in this Lease shall be deemed to be the sum of all then unpaid monetary obligations <br /> owed under this Lease. <br /> (d) Pursue any other remedy now or hereafter available to Agency under the <br /> laws of California. <br /> Termination of this Lease under this section or for any reason whatsoever shall not <br /> release either party from any liability or obligation arising from an event which may have <br /> occurred before termination (including, but not limited to payment of all Rent due but unpaid as <br /> of the date of termination), or from actions that, under the express terms of this Lease, must be <br /> performed. <br /> 25. Surrender of the Premises; Holding Over. <br /> (a) Upon expiration or earlier termination of this Lease, Lessee shall leave the <br /> Premises in a neat and clean condition satisfactory to Agency and free of all personal property of <br /> Lessee. All repairs, Alterations and/or other improvements made by Lessee shall become the <br /> property of Agency, provided that Agency may, by written notice given to Lessee on not less <br /> than 10 days prior to the expiration or termination of the Lease, require Lessee to remove any <br /> such Alterations and improvements from the Premises and to restore the Premises to their <br /> original condition prior to termination of this Lease. If Lessee fails to do so, Agency may <br /> ATTY/AGR/2013.244/SEQUOIA STATION LEASE AGREEMENT <br /> REV:01-13-14 VR <br /> 5884508.1 <br /> Page 15 of 21 <br />
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