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20A - AA - LEASE AGMT AT JEROME PARK
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20A - AA - LEASE AGMT AT JEROME PARK
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Last modified
9/27/2012 5:32:48 PM
Creation date
9/27/2012 5:32:26 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Parks, Recreation, & Community Services
Item #
20A
Date
10/1/2012
Destruction Year
2017
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7. EXTENSIONS. This Agreement may be extended for up to three (3) <br />additional five (5)-year terms (each a "Renewal Term"). Each Renewal Term shall be on <br />the terms and conditions as set forth herein as follows: <br />(i) If LESSOR, in its reasonable, good faith discretion determines that LESSEE's <br />continued tenancy is not in conformity with LESSOR's intended use of the Property, <br />LESSOR shall provide written notice to LESSEE that the Lease will not be extended at <br />least six (6) months prior to the expiration of the initial term. <br />(ii) Thereafter, each subsequent renewal term shall be subject to the following <br />procedure: If LESSEE elects to extend the term, LESSEE shall provide LESSOR with <br />written notice at least six (6) months prior to the end of the then-current term. Within <br />sixty (60) days of receipt of LESSEE's notice, LESSOR shall determine whether such <br />extension is in LESSOR's best interest and, if not in LESSOR's interest, LESSOR shall <br />deny such extension request. <br />If LESSOR does not respond to LESSEE's request in writing within such sixty <br />(60) days, the Lease shall be deemed renewed for an additional Renewal Term. If neither <br />party provides notice as set forth above, the Lease shall continue on a month-to-month <br />basis. <br />8. GOVERNMENTAL APPROVALS. It is understood and agreed that LESSEE's <br />ability to use the Premises is contingent upon its obtaining all of the certificates, permits and <br />other approvals (collectively the "Governmental Approvals") that may be required by any <br />Federal, State or local authorities as well as satisfactory soil boring tests which will permit <br />LESSEE's use of the Premises as set forth herein. LESSOR shall cooperate with LESSE in its <br />effort to obtain such approvals and shall take no action, which would adversely affect the status <br />of the Property with respect to the proposed use by LESSEE. <br />Prior to the Commencement Date, LESSEE shall have the right (but not the obligation) to <br />enter the Premises for the purpose of making necessary inspections and engineering surveys (and <br />soil tests where applicable) and other reasonably necessary tests (collectively "Tests") to <br />determine the suitability of the Premises for LESSEE's Facilities and for the purpose of preparing <br />for the construction of LESSEE's Facilities. In the event that any of such applications for such <br />Governmental Approvals should be finally rejected or any Governmental Approval issued to <br />LESSEE is canceled, expires, lapses, or is otherwise withdrawn or terminated by the <br />governmental authority or soil boring tests are found to be unsatisfactory so that LESSEE will be <br />unable to use the Premises for its intended purposes or LESSEE determines that the Premises is <br />no longer technically compatible for its intended use or LESSEE, in its sole discretion, <br />determines that the use the Premises is obsolete or unnecessary, LESSEE shall have the right to <br />terminate this Agreement. Notice of LESSEE's exercise of its right to terminate shall be given to <br />LESSOR in writing by certified mail, return receipt requested, and shall be effective upon the <br />mailing of such notice by LESSEE. All rentals paid to said termination date shall be retained by <br />LESSOR. Upon such termination, this Agreement shall become null and void and all the Parties <br />shall have no further obligations including the payment of money, to each other. <br />9. APPROVAL OF PLANS. Prior to commencing construction of LESSEE's <br />Facilities, LESSEE shall obtain LESSOR's approval of LESSEE's work plans ("Plans"), which <br />approval shall not be unreasonably withheld, conditioned, or delayed; such approval shall be <br />#41182112 <br />Jerome Park <br />20A-5
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