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Resolution 2015-69
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Resolution 2015-69
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Last modified
3/12/2021 4:13:23 PM
Creation date
10/8/2015 8:04:30 AM
Metadata
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Template:
City Council Records
Also Known As (aka)
City Shops Lease 2015 Human Movement (2 agreements?)
Doc Type
Resolution
Signed Date
10/6/2015
Ord/Res - Year
2015
Ord/Res - Number
69
Property Address Number
1501
Property Address Street Name
Empire
Cross-Reference
Agreement Lease 95.040 Leases
pka City Shops Facility
Original Hardcopy Storage
7D6
Record Series Code
45.160
Record Series Name
Resolutions
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RES 2015-69
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a result of TENANT's use or occupancy thereof; or (c) the rights and obligations of the <br />TENANT under this Lease. <br />ARTICLE 8 - ASSIGNMENT AND SUBLETTING <br />8.1 CONSENT REQUIRED. TENANT may not sell, assign or transfer this Lease, or any <br />right or privilege granted hereunder, or sublet all or any portion of the Premises, or permit any <br />business to be operated in or from the Premises by any licensee or concessionaire, without the <br />prior written consent of LANDLORD, which consent shall not be unreasonably withheld or <br />denied. Any transfer which is not in compliance with the provisions of this Article shall, at the <br />option of LANDLORD, be void and of no force or effect. Any transfer of TENANT's interest in <br />this Lease or the Premises by operation of law, regardless of whether the same is characterized as <br />voluntary or involuntary, shall be construed as an "assignment" prohibited by this Article. Upon <br />such permitted assignment or subletting, assignee or sublessee shall assume all obligations of <br />TENANT under this Lease provided that any assignee has first executed an assumption <br />agreement as provided in Section 8.2. Further, LANDLORD's wntten consent to any one <br />assignment or subletting shall not act as a waiver of the requirements of consent with respect to <br />any subsequent assignment or subletting. Notwithstanding the foregoing, TENANT may make a <br />collateral assignment of its interest in this Lease for security purposes to the holders of deeds of <br />trust or mortgages on TENANT's improvements or as security in connection with corporate <br />refinancing without requiring LANDLORD consent; provided, however, that no such collateral <br />assignment shall encumber or purport to encumber any real property constituting the Premises. <br />8.2 ASSUMPTION AGREEMENT. Any assignee including a collateral assignee of <br />TENANT shall execute and deliver to LANDLORD an assignment agreement in a form <br />satisfactory to LANDLORD prior to the effective date of the proposed assignment. Any <br />sublease or assignment made in violation of this Article 8 shall be considered void and of no <br />force or effect. <br />8.3 INFORMATION TO LANDLORD. TENANT shall provide for any proposed <br />assignment, sublease or transfer all information reasonably requested by LANDLORD, including <br />(i) the name and address of the proposed subtenant, assignee, pledgee, mortgagee or transferee, <br />(ii) a reasonably detailed description of such person or entity's business, (iii) reasonably detailed <br />financial references for such person or entity, (iv) a true and complete copy of the proposed <br />sublease, assignment, pledge, mortgage or other conveyance and all related documentation, and <br />(v) such other information as LANDLORD may reasonably require. <br />ARTICLE 9 - DEFAULT OF TENANT OR LANDLORD <br />9.1 DEFAULT OF TENANT. TENANT shall be deemed in default of its <br />obligations under this Lease upon the occurrence of any of the following: <br />(a) TENANT's failure to pay rent within ten (10) days after written notice <br />from LANDLORD that such sums are due and owing; <br />8 <br />
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