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Reso 2003-604
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Reso 2003-604
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Last modified
7/1/2010 9:41:07 AM
Creation date
1/25/2006 1:57:26 PM
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CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
2003-604
Date (mm/dd/yyyy)
10/23/2003
Description
– Lease Agmt with RomaCorp (Tony Roma’s Restaurant) 18050 Collins Ave.
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<br />15.4 Surrender of Premises. Except for changes resulting from eminent domain <br />proceedings and Landlord approved alterations, at the expiration or sooner termination of the <br />Lease Term, Tenant shall surrender the Premises in good condition, reasonable wear and tear <br />excepted, and shall surrender all keys for the Premises to Landlord at the place then fixed for the <br />payment of rent and shall inform Landlord of all combinations on locks, safes and vaults, if any, <br />in the Premises. Tenant may at such time remove all of Tenant's moveable equipment, <br />machinery, trade fixtures and other personal property, and restore to original condition any <br />Alterations not previously approved by Landlord, and shall repair any damage to the Premises <br />caused thereby, and any or all of such property not so removed shall become the exclusive <br />property of Landlord or be disposed of by Landlord, without further notice to or demand upon <br />Tenant. <br /> <br />15.5 Estoppel Certificates. Each party (each a "Responding Party") shall at any time <br />upon not less than 10 days' prior written notice from the other party (each a "Requesting Party") <br />execute, acknowledge, and deliver to the Requesting Party a statement in a form prescribed by <br />Landlord certifying and acknowledging the following: (i) that this Lease represents the entire <br />agreement between Landlord and Tenant, and is unmodified and in full force and effect (or, if <br />modified, stating the nature of such modification and certifying that this Lease, as so modified, is <br />in full force and effect) and the date to which the Minimum Monthly Rent and other charges are <br />paid in advance, if any; and (ii) that there are not, to the Responding Party's knowledge, any <br />uncured defaults on the part of the Requesting Party, or specifying such defaults if any are <br />claimed. Any such statement may be conclusively relied upon by any prospective purchaser or <br />encumbrances of the Premises or of the business of the Requesting Party. <br /> <br />15.6 Severability. The invalidity of any provision of this Lease as determined by a <br />court of competent jurisdiction shall in no way affect the validity of any other provision hereof. <br /> <br />15.7 Entire Agreement. This Lease constitutes the entire agreement between Landlord <br />and Tenant and supersedes all prior agreements between them with respect to the Premises, <br />whether written or oral. <br /> <br />15.8 Notices. Any notice required or permitted to be given hereunder shall be in <br />writing and may be given by facsimile, personal delivery, certified mail, return receipt requested <br />or by nationally recognized overnight courier service delivered to Tenant or to Landlord, as the <br />case may be, at the FAX numbers or addresses for each set forth in the Fundamental Lease <br />Provisions. Either party may by notice to the other specify a different FAX number or address <br />for notice purposes. A copy of all notices required or permitted to be given to Landlord <br />hereunder shall be concurrently transmitted to such party or parties at such addresses as Landlord <br />may from time to time hereafter designate by notice to Tenant. <br /> <br />15.9 Waivers. No waiver by Landlord of any provision hereof shall be deemed a <br />waiver of any other provision hereof or of any subsequent default by Tenant of the same of any <br />other provision. Landlord's consent to, or approval of, any act shall not be deemed to render <br />unnecessary the obtaining of Landlord's consent to or approval of any subsequent act by Tenant. <br />The acceptance of rent hereunder by Landlord shall not be a waiver of any preceding default by <br />Tenant hereunder, other than the failure of Tenant to pay the particular rent so accepted, <br /> <br />- 19 - <br />
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