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75A - AGMT FOR 99 YEAR LEASE AT 1901 W WALNUT
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75A - AGMT FOR 99 YEAR LEASE AT 1901 W WALNUT
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2/27/2020 1:32:46 PM
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2/27/2020 1:17:59 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Community Development
Item #
75A
Date
3/3/2020
Destruction Year
2025
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(c) Any other amount which Lessor may by law hereafter be permitted to <br />recover from Tenant to compensate Lessor for the detriment caused by Tenant's default as <br />permitted under applicable California law. <br />11.2.2. Continue Lease in Effect. Lessor may continue this Lease in effect without <br />terminating Tenant's right to possession and to enforce all of Lessor's rights and remedies under <br />this Lease, at law or in equity, including the right to recover the Rent as it becomes due under this <br />Lease; provided, however, that Lessor may at any time thereafter elect to terminate this Lease for <br />the underlying Event(s) of Default by notifying Tenant in writing that Tenant's right to possession <br />of the Premises has been terminated. <br />11.2.3. Removal of Personal Property Following Termination of Lease. Lessor <br />shall have the right, following a termination of this Lease and Tenant's rights of possession of the <br />Premises under Section 11.2.1 above, to re-enter the Premises and, subject to applicable law, to <br />remove Tenant's personal property from the Premises. Such property may be removed and stored <br />in a public warehouse or elsewhere at the cost of and for the account of Tenant, or disposed of <br />without such storage, in accordance with applicable California law. <br />11.3 Lessor's Right to Cure Tenant Defaults. If Tenant shall have failed to cure, after <br />expiration of the applicable time for curing, a particular default under this Lease, Lessor may at <br />their election, but is not obligated to, make any payment required of Tenant under this Lease or <br />perform or comply with any term, agreement or condition imposed on Tenant hereunder, and the <br />amount so paid plus the reasonable cost of any such performance or compliance, plus interest on <br />such sum at the Interest Rate from the date of payment, performance or compliance until <br />reimbursed shall be deemed to be payable by Tenant on Lessor's demand. Tenant's failure to <br />reimburse the Lessor within 30 days of Lessor's demand shall constitute an Event of Default under <br />this Lease. No such payment, performance or compliance shall constitute a waiver of default or <br />of any remedy for default, or render Lessor liable for any loss or damage resulting from the same. <br />11.4 Lessor's Default. Lessor shall not be considered to be in default under this Lease <br />unless Tenant has given Lessor written notice specifying the default, and either (i) as to monetary <br />defaults, Lessor have failed to cure the same within ten (10) business days after written notice from <br />Tenant, or (ii) as to nonmonetary defaults, Lessor have failed to cure the same within thirty (30) <br />days after written notice from Tenant, or if the nature of Lessor's nonmonetary default is such that <br />more than thirty (30) days are reasonably required for its cure, then such thirty (30) day period <br />shall be extended automatically so long as Lessor commences a cure within such thirty (30) day <br />period and thereafter diligently pursues such cure to completion. Tenant shall have no right to <br />offset or abate alleged amounts owing by Lessor under this Lease against any amounts owing by <br />Tenant under this Lease. Additionally, Tenant's sole remedy for any monetary default shall be <br />towards the Lessor's interest in the property and not to any other assets. Any and all claims or <br />actions accruing hereunder shall be absolutely barred unless such action is commenced within six <br />(6) months of the event or action giving rise to the default. <br />11.5 Remedies Cumulative. All rights and remedies of Lessor contained in this Lease <br />shall be construed and held to be cumulative, and no one of them shall be exclusive of the other, <br />and Lessor shall have the right to pursue any one or all of such remedies or any other remedy or <br />relief which may be provided by law, whether or not stated in this Lease. <br />Page130 <br />75A-77 <br />
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