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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 />without limitation, assignment for benefit of creditors or voluntarily or <br />involuntary bankruptcy proceedings, when not released within ninety (90) days. <br />b) An assignment by District for the benefit of creditors; or the voluntarily filing by <br />District of the involuntary filing against District of a petition, other than court <br />action, or suit under any law for any purpose of (1) adjudicating District a <br />bankrupt; (2) extending time for payment, (3) satisfaction of District's liabilities, <br />or (4) reorganization, dissolution, or arrangement on account of, or to prevent, <br />bankruptcy or insolvency; provided, however, that in the case of an involuntary <br />proceeding, if all consequent orders, adjudications, custodies, and supervisions <br />are dismissed, vacated or otherwise permanently stayed or terminated within <br />ninety (90) days after the filing or other initial event, then District shall not be in <br />default under this Section; and <br />c) The subjection of any right or interest of District to or under this lease to <br />attachment, execution, or other levy, or to seizure under legal process when the <br />claim against District is not released within ninety (90) days. <br />Cumulative Remedies <br />Section 11.04. The remedied given to City in this Article shall not be exclusive but shall <br />be cumulative with and in addition to all remedies now or hereafter allowed by law and <br />elsewhere provided in this lease. <br />Waiver of Breach <br />Section 11.05. The waiver by City of any breach by District of any of the provisions of <br />this lease shall not constitute a continuing waiver or a waiver of any subsequent breach by <br />District of either the same or a different provision of this lease. <br />Surrender of Premises <br />Section 11.06. On expiration or earlier termination of this lease, District shall surrender <br />the Premises and all improvements, including significant improvements in or on the Premises to <br />City in as good, safe, and clean condition as practicable, reasonable wear and tear expected. <br />Default by City <br />Section 11.07. should the City fail to perform any covenant, condition or agreement <br />contained in this lease and the default is not cured within thirty (30) days, unless this lease <br />specifies a longer cure period, after written notice of default is served on the City by the <br />District, then the City shall be in default under this lease. Notwithstanding the foregoing, if the <br />nature of the default is such that it cannot reasonably be cured within 30 days, the City shall <br />not be in default if it commences the cure within that 30-day period and thereafter diligently <br />proceeds to implement the cure until complete. <br />#12402v2 7 5 B-22 <br />
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