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Agenda - Council - 04/25/2023
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Agenda - Council - 04/25/2023
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7/22/2025 5:02:01 PM
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4/24/2023 3:40:29 PM
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Meetings
Meeting Document Type
Agenda
Meeting Type
Council
Document Date
04/25/2023
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the requisite approvals, licenses and permits and indemnification against liens. All alterations, <br />installations, physical additions or improvements to the Leased Property made by Tenant shall at <br />the option of Landlord become the property of Landlord and shall be either removed by Tenant at <br />Tenant's sole cost or surrendered to Landlord upon the termination of this Lease; provided, <br />however, this clause shall not apply to movable equipment or furniture owned by Tenant which <br />may be removed by Tenant at the end of the term if this Lease is not then in default. <br />10. POSSESSION: <br />Except as hereinafter provided Landlord shall deliver possession of the Leased Property to Tenant <br />in the condition required by this Lease on or before the Commencement Date, but delivery of <br />possession prior to or later than such Commencement Date shall not affect the expiration date of <br />this Lease. The rentals herein reserved shall commence on the date when possession of the Leased <br />Property is delivered by Landlord to Tenant. Any occupancy by Tenant prior to the beginning of <br />the term shall in all respects be the same as that of Tenant under this Lease. Landlord shall have <br />no responsibility or liability for loss or damage to fixtures, facilities or equipment installed or left <br />on the Leased Property. If Leased Property is not ready for occupancy by Commencement Date <br />and possession is later than Commencement Date, rent shall begin on date of possession. If for <br />any reason, Landlord cannot deliver possession of the Leased Property to Tenant by the <br />Commencement Date, in no event shall landlord be subject to any liability for a delay in delivery <br />and such failure shall not affect the validity of this Lease or the obligations of tenant under, and <br />Tenant's remedies for such delay shall be limited to termination of this Lease in the event that <br />Landlord fails to deliver the Leased Property to Tenant within 30 days of the Commencement <br />Date. <br />11. SECURITY AND DAMAGE DEPOSIT: <br />Tenant has previously deposited with Landlord the sum of One Thousand Six Hundred Fifty and <br />00/100 Dollars ($1,650), receipt of which is hereby acknowledged by Landlord, which deposit is <br />to be held by Landlord, as a security and damage deposit for the faithful performance by Tenant <br />during the term hereof or any extension hereof. Prior to the time when Tenant shall be entitled to <br />the return of this security deposit, Landlord may commingle such deposit with Landlord's own <br />funds and to sue such security deposit for such purpose as Landlord may determine. In the event <br />of the failure of Tenant to keep and perform any of the terms, covenants and conditions of this <br />Lease to be kept and performed by Tenant during the term hereof or any extension hereof, then <br />Landlord, either with or without terminating this Lease may (but shall not be required to) apply <br />such portion of said deposit as may be necessary to compensate or repay Landlord for all losses or <br />damages sustained or to be sustained by Landlord due to such breach on the part of Tenant, <br />including, but not limited to overdue and unpaid rent, any other sum payable by Tenant to Landlord <br />pursuant to the provisions of this Lease, damages or deficiencies in the reletting of the Leased <br />Property, and reasonable attorney's fees incurred by Landlord. Should the entire deposit or any <br />portion thereof, be appropriated and applied by Landlord, in accordance with the provisions of this <br />paragraph, Tenant upon written demand by landlord, shall remit forthwith to Landlord a sufficient <br />amount of cash to restore said security deposit to the original sum deposited, and tenant's failure <br />to do so within five (5) days after receipt of such demand shall constitute a breach of this Lease. <br />Said security deposit shall be returned to Tenant, less any depletion thereof as the result of the <br />provisions of this paragraph, at the term of this Lease or upon the earlier termination of this Lease. <br />4 <br />
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