FULL AGENDA PACKET_2021-04-06 - Laserfiche WebLink

Home Browse Search

(d) ht the event of(i) the total (leshuction of the PIenIiscs, (it) the partial dcstt notion of the premises or the Building where the same is so damaged that it cannot, in Landlord's reasonable opinion, be rcpancd within sixty (60) days of the occurrence of such damage, or (iii) damage in, destr-uction as it tesult o'fany casualty for which insurance JIMMY; aree not available to pay 100%, of the cost of repair or rebuilding, Landlord will have no obligation to repair or rebuild the Premises or the Building. Landlord will make its determination whetlter to repair or rebuild within sixty (60) days of occurrence of such damage or cicstruction. Upon notification to Tenant of Landlord's decision not to repair or rebndd, this Lease shall terminate. to such an event l'enant shall be icinbuised by Landlord any rent monies transferred hour Tenant to Landlord during this sixty (60) day period within fourteen (14) days alter the ienninwinn of the lease. 19. 1-:MINI;XI DOMAIN: (a) It (i) all or part of the Premises, the building located thereon, or (it) so much of any rights in the Premises otthe buddirip located dicrcon shall be taken or appropriated tinder any right of eminent domain or under any other legal right whereby the taking authority in obligated to compensate Landlord therefor so that there does not remain premises suitable in the sole opinion of Tenant tier the operation of us business, then Tenant may terminate and cancel this hvmc without owing any liability to Landlord as of the (late on which the condemning authority takes physical possession upon giving to Landlord written notice of ,such election. Landlord agrees i umediately within ten (I M days after any notice of intended or actual taking or appropriation to give Tenant written notice thereof, providing to Tenant full details of such taking or appropriation, including„ without limitation copies of all condemnation plans or surveys submitted by tlrc cottdunning authority, a statuneut of the itanue of the project to be cmWucwd by the condenntwg authority, and such other information as might tic necessary to enable Tenant to determine its future course of conduct. TENANT ACKNOWLEDGI'S TIIA'T LANDLORD'S I:Xl,'RCISI? 01, ITS RIGH'I TO'1'FRMINA'TL TllIS LEAST UNDER ANY THIS PARAGRAPH SHALL NOT ANY RIGHTS OR CLAIMS FOR RELOCATION RF.NL'FITS OR ANY OTHER CLAIMS RE! ATED '1'0 CONDhMNATION OR INVERSE, CONDFMNA"PION. (b) If this Lease shall be wirri i mled and canceled as it result of any taking or appropriation,'fenam shall he released from any further liability and Rent and other suns: far the last month of Tenant's occupancy shall he prorated and Landlord shall innnediately refund to 'tenant any stuns paid in advance. (c) I errant reserves unto welt the right to prosecute Tenant's chin for an award for damages for be termination of this Lease caused by such appropriation or taking, together with damages based on the value of 'I riMs improvements and Tenant's fixtures and other personal property erected or tnsnalkil on the, Pteurtses and damages Truant may sustain to the interest in the business operated by Tenant on the Premises, including, but not limited to, goodwill, patronage, and the removal, relocation, and replacement costs and expenses caused by such (appropriation or taking, and Tenant may file such claims as are permitted by law for the loss of its leasehold interest, business dislocation damages, moving expense, or other damages   City Council  12 – o 4/61021 cQnbsp;