29-2022 - Authorize HELP Foundation lease for Cove Bistro

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(B) Accept other premises offered by the City to replace the part of the leased premises taken, 1 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 be 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 further 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, 2022 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; (5) Lessee defaults under any condition of this lease, and the default is not cured within thirty days after written notice of default. If the default is such that it cannot reasonably be corrected within thirty days, it will be considered timely cured if lessee begins corrective measures promptly after notice and diligently prosecutes them to completion, provided the default is fully corrected within a reasonable time; (6) Lessee makes a general assignment for the benefit of its creditors or consents to the appointment of a receiver or trustee for substantially all of its property for the benefit of creditors, or files, under the federal bankruptcy laws, a voluntary petition for bankruptcy, reorganization or financial rehabilitation; or (7) Lessee is adjudged bankrupt or an order is made for its reorganization or financial rehabilitation under the federal bankruptcy laws, or pursuant to court order a receiver or trustee takes possession of substantially all of lessee's property for the benefit of creditors. The right tc