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Reso 2024-3660
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Reso 2024-3660
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Last modified
7/3/2024 4:46:12 PM
Creation date
6/12/2024 10:42:59 AM
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CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
2024-3660
Date (mm/dd/yyyy)
06/20/2024
Description
Amended Rental Agreement btwn the City and La Playa Beach Assoc., LLC for property @ 215 185th Street.
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g. LESSOR does not in any way represent that the types and amounts of <br />insurance required hereunder are sufficient or adequate to protect LESSEE's or contractor's <br />interests or liabilities but are merely minimum requirements established by LESSOR's Risk <br />Management Division. <br />h. Any and all net insurance proceeds received by or on account of LESSEE <br />under the Lease shall be deposited LESSEE, and said funds shall be exclusively used for the purpose <br />of reconstruction or repair, as the case may be, of any of the structures, improvements or fixtures <br />located within the Leased Premises so damaged or destroyed. Such reconstruction and repair work <br />shall be done in strict conformity with all applicable building and zoning codes and regulations or <br />standards promulgated by any governmental agency having subject matter jurisdiction. Should <br />the costs of regulations or repair exceed the amount of funds available from the proceeds of such <br />insurance policy, then, and in such event, such funds shall be used as far as the same will permit <br />in paying the costs of reconstruction or repair. <br />23. Waiver of Subrogation for General Liability, Workers Compensation, <br />Business Automobile, and Umbrella Policies. Each of the parties, LESSOR and LESSEE, <br />hereby releases the other from any and all liability or responsibility to the other or anyone claiming <br />through or under them by way of subrogation or otherwise for any loss or damage to property <br />caused by fire or any other perils insured in policies of insurance for any loss or damage to property <br />caused by fault or negligence covering such property, even if such loss or damage shall have been <br />caused by the fault or negligence of the other party, or anyone for which such party may be <br />responsible, including any other licensees or occupants of the Leased Premises; provided however, <br />that this release shall be applicable and in force and effect only to the extent that such release shall <br />be lawful at the time and in any event only with respect to loss or damage occurring during such <br />time as the releaser's policies shall contain a clause or endorsement to the effect that any such <br />release shall not adversely affect or impair said policies or prejudice the right of the releaser to <br />coverage thereunder and then only to the extent of the insurance proceeds payable under such <br />policies. Each of LESSOR and LESSEE agrees that it will request its insurance carriers to include <br />in its policies such a clause or endorsement. If extra costs shall be charged therefore, each party <br />shall advise the other thereof and of the amount of the extra cost and the other party, at its election, <br />may pay the same, but shall not be obligated to do so. <br />24. Dispossession on Default; Notice and Opportunity to Cure. <br />a. If LESSEE defaults in the performance of any covenant or condition of this <br />Lease, LESSOR may give LESSEE written notice of that default with sufficient specificity to <br />allow LESSEE to identify the default. If LESSEE fails to cure a default in payment of rent or <br />additional rent within twenty (20) days after written notice is given, LESSOR may terminate this <br />Lease. For defaults other than nonpayment of rent or additional rent, LESSEE shall cure such <br />E <br />
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