11-19 HELP Foundation Concession Lease

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15. AssIGNMENT AND SUBLETTING. Lessee shall not assign this lease or any interest in the lease, or sublet any part of the leased premises, without the written consent of the Mayor of the City, which may be granted or withheld in the Mayor's sole and exclusive discretion. 16. TAKING OF PREMISES FOR EXPANSION OR DEVELOPMENT, Although currently there are no plans to do so, the City may recover possession of all or part of the leased premises for purposes of expansion or development of Lakewood park on ninety days' written notice to lessee. In the event of a taking or partial taking by the City under this section, the lessee may: (A) Accept other premises offered by the City to replace the leased premises, and continue operations under this lease in the replacement premises. In such case, any rent charged hereunder may be further negotiated by the parties; (B) Accept other premises offered by the City to replace the part of the leased premises taken, and continue operations under this lease in the leased premises remaining after the taking, augmented by the replacement premises. In such case, any rent charged hereunder may he further negotiated by the parties; (C) Elect to continue operations under this lease in the leased premises remaining after the taking. In such case, any rent charged hereunder may be fti Cher negotiated by the parties; or (D) Terminate the lease as of the date of taking, by giving written notice at least thirty days prior to termination. 17. CANCELLATION (A) Termination by the City. In addition to any other right of cancellation under this lease, the City may terminate this lease if any of the following occur: (1) Lessee fails to pay rent or other charges under this lease within thirty days after the due date; (2) Lessee assigns the lease or any part of its interest in the lease, or sublets any part of the leased premises, in violation of section 15 of this lease; (3) Lessee voluntarily abandons operations at the leased premises for a continuous period of ten days between September 1, 2018 and the termination of the original term of this lease; (4) Lessee is compelled to cease operations at the leased premises for a continuous period of ninety days, by reason of fire or other casualty, a strike, or other calamity beyond lessee's control. This provision does not apply when lessee elects to make repairs under section 13(B) of the lease, even though the work requires longer than ninety days to complete, provided lessee begins repairs without undue delay, diligently prosecutes the work, and renews operations on completion of repairs;