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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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condition to persons or circumstances other than those as to which it was held invalid or <br />unenforceable, shall not be affected thereby and each term, covenant, or condition of this Lease <br />shall be valid and be enforced to the fullest extent permitted by law. <br />23.6 SURVIVAL. All of the terms and conditions of Sections 6.2 and 12.1 of this <br />Lease, and all other terms and conditions of this Lease concerning release, indemnification, <br />termination, remedies, and enforcement, shall survive termination of this Lease. <br />23.7 APPLICABLE LAW & VENUE. The parties hereto shall be bound by and this <br />Lease shall be construed according to the laws of the State of Colorado. Venue for any litigation <br />concerning this Lease shall be in the District Courts of Boulder County, Colorado. <br />23.8 RECORDING. A memorandum of this Lease may be recorded by LANDLORD <br />or TENANT in the public records at the recording party's expense. <br />23.9 COSTS OF ENFORCEMENT. In the event that LANDLORD shall bring an <br />action to recover any sum due hereunder or for any breach hereunder and shall obtain a judgment <br />in its favor, or in the event that LANDLORD shall retain an attorney for the purpose of <br />collecting any sum due hereunder or enforcing any of the terms or conditions hereof or <br />protecting its interest in any bankruptcy, receivership, or insolvency proceeding or otherwise <br />against the TENANT, the LANDLORD shall be entitled to recover all reasonable costs and <br />expenses incurred, including reasonable attorneys' and legal assistants' fees, and costs and <br />expenses, including expert witness fees and expenses. <br />23.10 CONSENT. Wherever in this Lease LANDLORD or TENANT is required to <br />give its consent or approval, such consent or approval shall not be unreasonably withheld, <br />conditioned or delayed. <br />23.11 TRANSFER OF LANDLORDS INTEREST. The term "LANDLORD" shall <br />mean only the owner, for the time being, of the Premises, and in the event of the transfer by such <br />owner of its interest in the Premises, then notwithstanding anything to the contrary contained <br />herein, such owner shall thereupon automatically be released and discharged from all covenants <br />and obligations of the LANDLORD thereafter accruing, but such covenants and obligations shall <br />be binding during the term of this Lease upon each new owner for the duration of such owner's <br />ownership. Notwithstanding the foregoing, any such owner shall remain obligated to TENANT <br />for any and all deposits paid by TENANT hereunder until such time as said deposits are <br />transferred to and accepted by any new owner and notice given to TENANT. <br />23.12 RIGHT OF FIRST REFUSAL TO PURCHASE PREMISES. In the event <br />LANDLORD desires to sell the Premises and LANDLORD receives from a third party a bona <br />fide offer to purchase the Premises, and that offer is acceptable to LANDLORD, LANDLORD <br />agrees to disclose the terms of such offer to TENANT, in writing, within fifteen (15) business <br />days following receipt of the offer. Upon receiving written notice of the terms of the offer and <br />upon receipt of a copy of that offer, TENANT shall have ten (10) business days in which to elect <br />to purchase the Premises subject to that offer on terms identical to those offered by the third <br />party. Such an election shall be made by written notice to the LANDLORD. Within thirty (30) <br />18 <br />
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