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Reso 2013-2139
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Reso 2013-2139
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Last modified
12/12/2013 11:16:53 AM
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12/12/2013 11:16:45 AM
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CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
2013-2139
Date (mm/dd/yyyy)
10/17/2013
Description
SubLease Agmt w/American Federated Title Corp. & SIB Quarterdeck.
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square feet contained in the Sublease Premises and this Sublease as so modified shall continue in <br /> full force and effect. If consent is once given by Sublessor to a Transfer, Sublessor shall not be <br /> barred or in any way limited from subsequently refusing to consent to any further or subsequent <br /> Transfer. <br /> 20. Access to Premises. Subtenant shall allow Sublessor and Landlord, their agents, <br /> contractors, or employees access to the Sublease Premises throughout the Term at all reasonable <br /> times with reasonable prior notice for the purpose of inspecting or of making any repairs, <br /> additions, improvements, or alterations to the Sublease Premises or adjacent portions of the Project <br /> or any property owned by or under the control of either party, or to exhibit the Sublease Premises <br /> to prospective purchasers of the Project, or (during the last 12 months of the Term) to prospective <br /> tenants, assignees, and/or subtenants. <br /> 21. Default of Subtenant. <br /> 21.1 Events of Default: If (a) any rents or other payment reserved, including, without <br /> limitation, Base Rent, Percentage Rent , or any part thereof, become due and remain unpaid for <br /> more than three (3) days after the same is due and payable, (b) Subtenant fails to maintain the <br /> insurance required under this Sublease, (c) there is a Transfer of this Sublease or Subtenant's rights <br /> hereunder without the prior consent of Sublessor and Landlord, (d) Subtenant shall vacate or <br /> abandon the Sublease Premises, (e) Subtenant becomes bankrupt or insolvent or makes a general <br /> assignment for the benefit of creditors or takes the benefit of any insolvency act, or if any debtor <br /> proceedings shall be taken by or against Subtenant; (f) a receiver or trustee in bankruptcy is <br /> appointed for Subtenant's property and the appointment is not vacated and set aside within thirty <br /> (30) days from the date of the appointment; or (g) Subtenant violates or defaults in any other <br /> provision(s) of this Sublease, and fails to cure or remedy the same within fifteen (15) days after <br /> Sublessor or Landlord shall have given Subtenant written notice specifying such violation or <br /> default, then in any of such events, Landlord or Sublessor, as the case may be, may exercise all <br /> rights and remedies available under the Prime Lease and at law and equity. <br /> 21.2 Acceleration. If Landlord and Sublessor elect to terminate this Sublease pursuant to <br /> this Section 21, they shall have the option, to be exercised in their sole discretion, to declare the <br /> entire balance of all forms of rent due under this Sublease for the remainder of the Term to be <br /> forthwith due and payable and may collect the then present value of the rents (calculated using a <br /> discount rate equal to 400 basis points over the yield then obtainable from the United States <br /> Treasury Bill or Note with a maturity date closest to the date of expiration of the Term). If <br /> Sublessor exercises its remedy to retake possession of the Sublease Premises and collects from <br /> Subtenant all forms of rent owed for the remainder of the Term, Sublessor shall account to <br /> Subtenant, at the date of the expiration of the Term, for amounts actually collected by Sublessor as <br /> a result of a reletting, net of Subtenant's obligations as specified above. Termination of this <br /> Sublease requires the consent of the Landlord and Sublessor. <br /> 13 <br />
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