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20A - AGMT LEASE SARTC WALSH
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12/18/2018
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20A - AGMT LEASE SARTC WALSH
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12/13/2018 8:30:34 PM
Creation date
12/13/2018 8:26:51 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Public Works
Item #
20A
Date
12/18/2018
Destruction Year
2023
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improvements to the Premises other than the Tenant Improvements installed at Landlord's <br />expense which will be repaired only to the level of Building Standard Improvements). <br />(d) In the event of (i) the total destruction of the Premises, (ii) the partial <br />destruction of the Premises or the Building where the same is so damaged that it cannot, in <br />Landlord's reasonable opinion, be repaired within sixty (60) days of the occurrence of <br />such damage, or (iii) damage or destruction as a result of any casualty for which insurance <br />proceeds are not available to pay 100% of the cost of repair or rebuilding, Landlord will <br />have no obligation to repair or rebuild the Premises or the Building. Landlord will make <br />its determination whether to repair or rebuild within sixty (60) days of the occurrence of <br />such damage or destruction. Upon notification to Tenant of Landlord's decision not to <br />repair or rebuild, this Lease shall terminate. In such an event, Tenant shall be reimbursed <br />by Landlord any rent monies transferred from Tenant to Landlord during this sixty (60) <br />day period within fourteen (14) days after the termination of the lease. <br />19. EMINENT DOMAIN: (a) If (i) all or part of the Premises, the building located <br />thereon, or (ii) so much of any rights in the Premises or the building located thereon shall be <br />taken or appropriated under any right of eminent domain or under any other legal right whereby <br />the taking authority is obligated to compensate Landlord therefor so that there does not remain <br />premises suitable in the sole opinion of Tenant for the operation of its business, then Tenant may <br />terminate and cancel this Lease without owing any liability to Landlord as of the date on which <br />the condemning authority takes physical possession upon giving to Landlord written notice of <br />such election. Landlord agrees immediately within ten (10) days after any notice of intended or <br />actual taking or appropriation to give Tenant written notice thereof, providing to Tenant full _ <br />details of such taking or appropriation, including, without limitation copies of all condemnation <br />plans or surveys submitted by the condemning authority, a statement of the nature of the project <br />to be conducted by the condemning authority, and such other information as might be necessary <br />to enable Tenant to determine its future course of conduct. TENANT ACKNOWLEDGES <br />THAT LANDLORD'S EXERCISE OF ITS RIGHT TO TERMINATE THIS LEASE <br />UNDER ANY THIS PARAGRAPH SHALL NOT ENTITLE TENANT TO ANY RIGHTS <br />OR CLAIMS FOR RELOCATION BENEFITS OR ANY OTHER CLAIMS RELATED <br />TO CONDEMNATION OR INVERSE CONDEMNATION. <br />(b) If this Lease shall be terminated and canceled as a result of any taking or <br />appropriation, Tenant shall be released from any further liability and Rent and other sums for the <br />last month of Tenant's occupancy shall be prorated and Landlord shall immediately refund to <br />Tenant any sums paid in advance. <br />(c) Tenant reserves unto itself the right to prosecute Tenant's claim for an <br />award for damages for the termination of this Lease caused by such appropriation or taking, <br />together with damages based on the value of Tenant's improvements and Tenant's fixtures and <br />other personal property erected or installed on the Premises and damages Tenant may sustain to <br />the interest in the business operated by Tenant on the Premises, including, but not limited to, <br />goodwill, patronage, and the removal, relocation, and replacement costs and expenses caused by <br />20A-10 <br />
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