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Reso 2011-1735
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Reso 2011-1735
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Last modified
7/15/2011 10:32:27 AM
Creation date
7/13/2011 1:58:55 PM
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CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
2011-1735
Date (mm/dd/yyyy)
06/15/2011
Description
Agmt 4M Investors:Ground Lease/Dev Agmt&Design/Build Gateway Pk
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<br />Section 4. Surrender of Premises. Tenant shall and will on the last day of the Term hereof or <br />upon any earlier expiration or termination of this Lease, surrender and deliver up the Land and <br />all Improvements into the possession and use of Landlord without fraud or delay and, subject to <br />the provisions of Articles XVIII of this Lease, in the condition at the time of completion of <br />construction of the Improvements, ordinary wear and tear accepted.. <br /> <br />Section 5. Responsibility at Termination of Lease Upon the termination of this Lease, <br />Tenant shall have the right to remove all furniture, furnishings, trade fixtures, equipment, <br />supplies, inventories and other personality whatsoever brought upon and/or installed on the Land <br />by Tenant. <br /> <br />Section 6. Abandonment of Personal Property, Any personal property of Tenant or any <br />sublessee or space lessee which shall remain on the Premises and Improvements, or any part <br />thereof, sixty (60) days after the termination or expiration of this Lease and the removal of <br />Tenant or such sublessee or space lessee from the Land and Improvements may, at the option of <br />Landlord, be deemed to have been abandoned by Tenant or such sublessee or space lessee and <br />either may be retained by Landlord as its property or be disposed of without accountability, in <br />such manner as Landlord may see fit. <br /> <br />Section 7. Responsibility. Landlord shall not be responsible for any loss or damage <br />occurring to any property owned by Tenant, any sublessee, any space lessee or any occupant. <br /> <br />Section 8. The provisions of this Article XVI shall survive any termination or expiration of <br />this Lease, including a termination pursuant to the provisions of Articles XVII of this Lease. <br /> <br />ARTICLE XVII <br />Defaults and Remedies <br /> <br />Section 1. <br /> <br />Default by Tenant. The following shall be deemed a default by Tenant: <br /> <br />(a) Tenant shall make default in the payment of the Rent expressly reserved hereunder, or any <br />part of the same, and such default shall continue for fifteen (15) days after written notice, or shall <br />make default in the payment of any other charge required to be paid by Tenant hereunder or any <br />part of the same, and such default shall continue for fifteen (15) days after written notice. <br />Notwithstanding the foregoing, any payments due hereunder received more than fifteen (15) <br />days after the due date shall accrue interest at the lesser of three percent (3%) per annum or the <br />highest non-usurious rate permitted under applicable law accruing from the date such payment <br />was due; or <br /> <br />(b) Tenant shall make an assignment for the benefit of creditors; or <br /> <br />(c) a voluntary petition be filed by Tenant for relief under Title 11 of the United States Code, <br />as amended or any other present or future federal or state insolvency, bankruptcy or similar law; <br />or <br /> <br />22 <br />
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