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75B - AGMT - LEASE RSCCD
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75B - AGMT - LEASE RSCCD
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Last modified
10/10/2019 5:19:03 PM
Creation date
10/10/2019 5:17:24 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Parks, Recreation, & Community Services
Item #
75B
Date
10/15/2019
Destruction Year
2024
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EXHIBIT 1 <br />ARTICLE 11-TERMINATION OF LEASE IF PROPERTY RETAKEN BY FEDERAL GOVERNMENT <br />Termination if Property Retaken by Federal Government <br />Section 11.01. It is understood that title to the Premises and surrounding area of <br />Centennial Park was conveyed to the City by Quitclaim deed from the United States of America, <br />and if, for any reason whatsoever, the federal government should retake possession of the <br />property, City shall not be liable to District in any way whatsoever on account thereof. <br />ARTICLE 12-DEFAULT AND REMEDIES <br />Continuation of Lease in Effect <br />Section 12.01. Should District breach this lease and abandon the Premises before the <br />natural expiration of the lease's term, City may continue this lease in effect by not terminating <br />District's right to possession of the Premises, in which event City shall be entitled to enforce all <br />of City's rights and remedies under this lease, including the right to recover the rent specified in <br />this lease as it becomes due under this lease. <br />Termination and Unlawful Detainer <br />Section 12.02. In the event of a default by District which remains uncured by the end of <br />any and all applicable cure periods, City may terminate this lease by providing one year's <br />written notice to the District and/or utilize any or all legal options available to City. <br />Breach and Default by District <br />Section 12.03. All covenants and agreements contained in this lease are declared <br />conditions to this lease and to the term hereby lease to District. Should District fail to perform <br />any covenant, condition or agreement contained in this lease and the default is not cured <br />within thirty (30) days, unless this lease specifies a longer cure period, after written notice of <br />default is served on District by City, then District shall be in default under this lease. <br />Notwithstanding the foregoing, if the nature of the default is such that it cannot reasonably be <br />cured within 30 days, the District shall not be in default if it commences the cure within that 30- <br />day period and thereafter diligently proceeds to implement the cure until complete. In addition <br />to District's failure to perform any covenant, condition, or agreement contained in this lease <br />within the cure period permitted by this section, the following shall constitute a default by <br />District under this lease: <br />a) The appointment of a receiver to take possession of the Premises or <br />Improvements, or of District's interest in, to, and under this lease, the leasehold <br />estate, or of District's operations on the Premises for any reason, including, <br />#iznazVz <br />75B-21 <br />
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