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07-28-14 Council Agenda & Packet
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07-28-14 Council Agenda & Packet
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City Council - City Clerk
City Council - Document Type
Agendas
City Counci - Date
7/28/2014
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occurrence of an Event of Default, whether before or after regaining possession of the Premises, <br />terminate this Lease without any obligation provide Lessee with any additional notifications. In <br />the event that Lessor at any time terminates this Lease for any default by Lessee, in addition to <br />any other remedies Lessor may have, Lessor may recover from Lessee all damages Lessor may <br />incur by reason of such default, including, to the extent not recovered by Lessor as part of its <br />re -entry of the Premises, the costs of recovering the Premises, making alterations and repairs, <br />reasonable attorneys' fees, and the value at the time of such termination of the excess, if any, of <br />the amount of Base Rent and charge equivalent to Base Rent. All such amounts shall be <br />immediately due and payable from Lessee to Lessor. <br />11.3 Lessor Default Notice. Lessor shall in no event be charged with default in <br />any of its obligations hereunder unless and until Lessor shall have failed to perform such <br />obligations within thirty (30) days (or such additional time as is reasonably required to correct <br />any such default) after written notice to Lessor by Lessee, specifically describing such failure. <br />ARTICLE XII <br />SURRENDER OF POSSESSION <br />12.1 Surrender of Possession. Whenever the Term shall be terminated, whether <br />by lapse of time, forfeiture or in any other way, Lessee covenants and agrees that it will at once <br />surrender and deliver up said Premises peaceably in as good of condition as when Lessee took <br />possession, ordinary wear and tear and any alterations and approved changes and any damage <br />caused by perils covered by insurance excepted. <br />12.2 Failure to Surrender. In the event Lessee shall hold over after any <br />termination of this Lease, the same shall create no more than a month -to -month tenancy at <br />double the rent herein set forth and under all other applicable conditions herein provided. <br />ARTICLE XIII <br />MECHANICS' LIENS <br />13.1 Mechanic's Liens. Lessee will not permit any mechanic's lien or liens to <br />be filed against the Premises or the Building at any time for any work done for or materials <br />furnished to Lessee; provided that Lessee may contest such lien or liens in good faith if Lessee <br />(a) deposits as required by law a sufficient surety bond or other security to obtain a release of the <br />lien or liens and (b) obtains a court order releasing the lien or liens. If any such lien or liens are <br />filed, then Lessor may compel the prosecution of an action for foreclosure of the lien or liens, <br />and, upon the commencement of such an action, Lessee immediately shall (a) deposit as required <br />by law a sufficient surety bond or other security to obtain a release of the lien or liens and <br />(b) obtain a court order releasing such lien or liens. Lessee immediately shall (a) pay any final <br />nonappealable judgment or decree rendered against Lessor or Lessee arising out of any such lien <br />or liens, including all proper costs and charges, and (b) cause any such lien to be released of <br />record without cost to Lessor. <br />0 <br />US.54381124.05 <br />
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