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Reso 2005-787
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Reso 2005-787
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Last modified
2/10/2016 3:13:42 PM
Creation date
1/25/2006 1:57:53 PM
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CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
2005-787
Date (mm/dd/yyyy)
04/14/2005
Description
Lease Agmt w/Vanguard Car Rental USA, Inc (1st Addendum)
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<br />govemmental fees and costs imposed in connection with the Improvements and/or the use of rhe <br />Prerruses by Tenanl (other Ihan any fees and costs imposed for environmental conditions that aIe nor <br />[he responsibiliry oE the Tenant pursuant (0 the expressed terms, covenants and conditions set forth <br />in Paragraph J J below), and Landlord shall not have any obligation in that regard. Tenant shaJl pay <br />in addition to any other amounts required by this Lease any sums due to any increase in real estate <br />or other taxes attributable to any Improvements which may be made on the Premises during the Term <br />of the Lease. Any such Improvements shall be the sole and exclusive property of Tenant during the <br />Term of this Lease; provided that any such Improvements shall become the property of Landlord and <br />remain upon and be surrendered with the Prernises at the expiration or prior termination of the Lease. <br />In no event shall Landlord be obligated to compensate Tenant for the cost or valu~ Or any <br />Improvements. Tenant shall execute such instruments as Landlord shall reasonably require to vest <br />or confirm the vesting in Landlord oE all right, title and interest in the Improvements upon the <br />expiration or sooner tennination of the Term of this Lease. If requested by Landlord, Tenant shall <br />be required to post such completion and other bonds as may be reasonably requested by Landlord <br />in order to protect Landlord against any liens or claims against its interest in the Premises and against <br />the failure by Tenant and its contractors and subcontractors to complete such Improvements or other <br />alterations in the manner set fOl1h in lhe plans and specifications approved by Landlord. <br /> <br />7. ~. <br /> <br />A. Tenant shall keep the Premises and Tenant's interest in the Premises free from <br />any liens or claims of any nature arising out of any work performed, materials furnished, or <br />obligations incurred by Tenant, or its agents, employees, or subtenants. In the event that Tenant shall <br />not, within thirty (30) days following the imposition of any such lien or claims of any nature, cause <br />the same to be released of record by payment or posting of a proper bond, Landlord shall have, in <br />addition to aJl other remedies provided herein and by law, the right, but not the obligation, to cause <br />the same to be released by such means as it shall deem proper, including payment of the claim giving <br />rise to such lien or claim. All such sums paid by Landlord and aJJ fees, costs and expenses, <br />including, without limitation, attorneys' fees and costs incurred by it in connection therewith shall <br />be payable to Landlord by Tenant on demand. Further, any such failure by Tenant shall constitute <br />a default hereunder. <br /> <br />B. If Tenant shall, in good faith and with due diligence, contest the validity of <br />3..'1Y such lien, then Tenant shall, after prior written notice to Landlord, at its sole cost and expense, <br />defend itself and Landlord against the same and shall pay and satisfy any such adverse judgment that <br />may be rendered thereon before the enforcement thereof against Landlord or the Premises, provided <br />that (i) neither the Prernises nor any part thereof would be in any danger of being sold, forfeited, lost <br />or interfered with, or cause any default under any mortgage or deed of trust encumbering the <br />Premises or any interest therein, (ii) Tenant shall furnish to Landlord a surety bond in form and from <br />a surely reasonably satisfactory to Landlord in an amount reasonably acceptable to Landlord to cover <br />the amount of such contested lien, together with interest and penalties thereon, if any, and <br />indemnifying Landlord against liability for the same and holding the Premises free from the effect <br />of such lien; and (iii) [his shall not be deemed or construed in any way as relieving, modifying or <br /> <br />,v,IA95ICl1I7/248-J <br /> <br />5 <br /> <br />.. ,- - r- <br /> <br />T-r <br /> <br />SUB <br />'~,y I. <br />- ~J <br />
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