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Item 12 - Delhi Center Lease - New Library Branch
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12/06/2022 Regular
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Item 12 - Delhi Center Lease - New Library Branch
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Agenda Packet
Agency
Clerk of the Council
Item #
12
Date
12/6/2022
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(d) City's Remedies. If any default by Delhi shall occur, and following notice <br />of default as required by this Lease (for the period applicable to the default under the applicable <br />provision of this Lease), City, in addition to all other rights and remedies provided by law or equity, <br />to which City may resort cumulatively or in the alternative, shall have the immediate option to <br />terminate this Lease and all rights of Delhi hereunder by giving written notice of such intention to <br />terminate. <br />18. Assignment and Subletting. City shall not either voluntarily or by operation of law, <br />assign, transfer, mortgage, pledge, hypothecate or encumber this Lease or any interest therein, and <br />shall not sublet the said Premises or any part thereof, or any right or privilege appurtenant thereto, <br />or allow any other person (the employees, agents, servants, and invitees of City excepted) to <br />occupy or use the said Premises, or any portion thereof, without first obtaining the written consent <br />of Delhi which shall not be unreasonably withheld. <br />19. Signs. Delhi agrees that City may provide signs on the Building, and throughout <br />the Premises, provided, at termination of its occupancy, City shall remove such signage. <br />20. Parking. City shall have the nonexclusive use of the parking area controlled by <br />Delhi at and around the Premises; provided; however, that no invitee may park in an area <br />designated, identified, and/or reserved for parking by any other tenant or tenants, if any. It is <br />expressly understood and agreed that City's right to the use of said parking area shall be non- <br />exclusive and subject to the Rules and Regulations, and that Delhi reserves the right to establish <br />and enforce other rules with respect to the use thereof, and City agrees to abide by and conform to <br />the same, as revised from time -to -time. <br />21. Attorne, sue. If either party commences an action against the other party arising <br />out of or in connection with this Lease, the prevailing party shall be entitled to have and recover <br />from the losing party reasonable attorney's fees and costs of suit. <br />22. Notices. Any notice required or permitted to be given hereunder may be given by <br />personal delivery or by United States certified mail, postage prepaid, addressed to City at the <br />Premises and to Delhi at 505 E Central Ave, Santa Ana, CA 92707, or at such other address as the <br />Delhi shall designate in writing. <br />23. Waiver. Each and every waiver of any covenant, representation, warranty or any <br />other provision hereof must be in writing and signed by each party whose interests are adversely <br />affected by such waiver. No waiver granted in any one instance shall be construed as a continuing <br />waiver applicable in any other instance. <br />24. Time is of the Essence. Time is of the essence of this Lease as to the performance <br />of all terms, covenants, and conditions stated herein. <br />25. Successors and Assigns. Except as otherwise provided herein, all of the terms and <br />conditions hereof shall be binding upon and inure to the benefit of the parties hereto and their <br />respective successors and assigns. <br />26. Titles and Definitions. The titles of paragraphs herein are for identification only. <br />They shall not be considered to be a part of this Lease and shall have no effect upon the <br />Page 7 of 9 <br />
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