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25E - AGMT WESTEND SUBSTATION OFFICE LEASE
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09/04/2018
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25E - AGMT WESTEND SUBSTATION OFFICE LEASE
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Last modified
8/30/2018 7:40:49 PM
Creation date
8/30/2018 7:26:18 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Police
Item #
25E
Date
9/4/2018
Destruction Year
2023
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4.3 Payment. Lessee shall cause payment of Rent to be received by Lessor in lawful money of the United States, without <br />offset or deduction (except as specifically permitted in this Lease), on or before the day on which it is due. In the event that any invoice <br />prepared by Lessor is inaccurate such inaccuracy shall not constitute a waiver and Lessee shall be obligated to pay the amount set forth <br />in this Lease. Rent for any period during the term hereof which is for less than one full calendar month shall be prorated based upon the <br />actual number of days of said month. Payment of Rent shall be made to Lessor at its address stated herein or to such other persons or <br />place as Lessor may from time to time designate in writing. Acceptance of a payment which is less than the amount then due shall not <br />be a waiver of Lessors rights to the balance of such Rent, regardless of Lessor's endorsement of anv check so stating. In the event that <br />any check, draft. or other instrument of payment given by Lessee to Lessor is dishonored for any reason. Lessee agrees to pay to Lessor <br />the sum of $25.00 in addition to any Laie Charge and Lessor. at its option, may require all future Rent be paid by cashiers check. <br />Payments will be applied first In accrued late charges and attorney's Ices, second to accrued interest. then to Ba;e Rent and Common <br />Area Operating Expenses. and an,, remaining amount to any other outstanding charges or costs. <br />S. SeeufityDeposib-Lesser sltAlialeposi+icidt Lesstx upon eserntian hereaf+heSeaarity+Jepasitas seFity +ar 6essee's Faithfa} <br />perfafmaneeo4its ebligatiansanderthis Lease:--f4Lessee-Fails to pay- Fent ofeti+ewriseDefaults mdeFthisLease-Lessofmay ese, <br />apply of main all OF any peFtien of said Seeufity Deposit fef the peyfeem of any�ar oust akeadydue LessoFrl'aF Fens whieb will be <br />doe ifl+hef W.ufe;aadf tiF +a fe+n#btlf-�2 Bf 2ae}pea58te LesSBF +0E-afij=llalitliFy� ei'pl'nie: iB55 Bf fiarRaga Itil+lel+ LesSaF may Sal4ePAF 4nEtlF <br />by reason +heFeuF-FFLesseFesesefappliesall-f any paRioner+heSecwhyDepesit,-Lesseeshagwithin 1A+laysaFte-, fittenrequest <br />theFefat,depsskmanteswithLessersuf Eieat+erestoFesaid&cIuFJtyDepesittethe fiNamauatFegeiFedbythisLease:ffthe-@aseRent <br />ine-Feasesdwifr<the +armo4+his-Lease,-Lessee shall rapeov:Fittenregaes+#amLe55ef,-depesitadditleW-Futieswith.Lessafsathat <br />the total amount of -Seaufity-l3epasit shah-at-aN +imes beaF-the saFtte pfapoFtiea +a the inafeased $ase -Rear as the initial SaeuFity <br />Depesi+baretathe-initial Mase ReFa:-Should the AgFeed Use be amended to aaaemmerlate a+aateFial ehatwe iathebusiaess eFLessee <br />OF -40 aeearamedate-asablessee eFas•;rigaee;�essaFsliall-have the fight+a-ine-Fease theSeeuFityDepesit-ta-the exteat-aeeessaryrtn <br />LesseFS fea59ABbie fFldgmemr{e-Beeaitttf-fefaay-increased-ttieaf and teat that +be promises may suffeF ash fesul++heFeOf: and/ef any <br />faaterial-fedaetiea in the emoitwoFthiness eF ffnaneial-eapa,64i+ies e4-the.assignee &F sublessee.-Lessef shall not he requiFed+a keep the <br />sseaaFity Depasitsepafate lraa+itsgeaeFal accounts. VANn 30 daysaFtef the expiFatian of tefFainat+eae4his LeaserLesseF shah feu+fa <br />+hat Peftien e44he &EI,16+y Deposit net asedt+F applied by -L %oTe . No partordte SeeuFity Depesi+shAN be earsideFed w be held in +Fast; <br />to beef inteFesl OF lo be pfepayntentfi faay monies -w be paid by -Lessee andeF tbisLease. <br />6. Use. <br />6.1 (a) Agreed Use; Agreed Trade Name. Lessee shall use and occupy the Premises only for the Agreed Use, and <br />for no other use or purpose without Lessor's prior written consent, and Lessee shall operate at the Premises only under the Agreed Trade <br />Name and under no other trade name without Lessor's prior written consent. Lessee shall not use or permit the use of the Premises in a <br />manner that is unlawful, creates damage, waste or a nuisance, or that disturbs occupants or or causes damage to neighboring premises <br />or properties. Other than guide, signal and seeing eye dogs, Lessee shall not keep or allow in the Premises any pets, animals, birds, fish, <br />or reptiles. Lessor shall not unreasonably withhold or delay its consent to any written request for a modification of the Agreed Use, or <br />to the Agreed Trade Name. If Lessor elects to withhold consent, Lessor shall within 14 days after such request give written notification <br />or same, which notice shall include an explanation or Lessor's objections to the change in the Agreed Use and/or Agreed Trade Name. <br />(b) Continuous Operation. Lessee shall continuously (i) operate and conduct the Agreed Use under the Agreed <br />Trade Name within the entire Premises in a reputable manner and in conformity with industry standards of practice prevailing in the <br />field or business -among mefebeats eri<aged-in-tke carne-eFsi+niiaF-basiaess4n-the city-in-wkieh-the-Pseetisesare Jeeated,-(il)-sis#F the <br />Premises with-sa€heieatsales-parsenae�steeltthe Prentiseswith-adequate-menchandiw-o" ettereiseieuad�bttsiaess-praetiees se -este <br />maximiee-6ress-Sales-A4 a aritrawmr£essee-shah-lxep+hrFavaises-eattttnaeusly-epen fef-business-Monday-threagh-€riday4am <br />400 a.arta-H80-p:m; Saturday-frem9;0B am -+ is P:frl <br />(c) Violations of Exclusive Use Rights. Lessee acknowledges that Lessor may grant, or may have previously <br />granted, exclusive use rights to other Lessees of the Shopping Center and agrees that a material consideration to Lessor in entering into <br />this Lease is Lessee's covenant to limit its use of the Premises to the Agreed Use under the Agreed Trade Name as set forth above. <br />Lessee's violation of exclusive use rights granted to other Lessees of the Shopping Center will result in Lessor suffering irreparable harm <br />and, therefore, in addition to all other rights and remedies available to Lessor, Lessor may seek to enjoin Lessee's breach of such covenant <br />and Lessee shall be liable for any damages incurred or sustained by Lessor to such other Lessees whose exclusive use rights are breached <br />by Lessee. In no event shall Lessor be liable to Lessee for any failure of any other Lessees of the Shopping Center to operate their <br />businesses, or for any loss or damage that may be occasioned by or through the acts or omissions of other Lessees or third parties. <br />(d) Other Tenancies. Lessor reserves the absolute right to establish procedures to control other tenancies in the <br />Shopping Center. Regardless of whether any specific Lessees are shown on any site plan attached hereto, Lessee does not rely on that <br />fact, nor does Lessor represent that any specific Lessee or number or type of Lessees shall or shall not during the Term occupy any <br />Portion of the Shopping Center, nor does Lessee rely on any other Lessee operating its business in the Shopping Center al any particular <br />time or times. Further, no conduct by any Lessee, sublessee or other occupant of, or any customer of, or any supplier to or use of any <br />25E-8 <br />
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