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2006 024 Ordinance
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2006 024 Ordinance
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Last modified
11/19/2018 4:03:21 PM
Creation date
8/29/2018 5:35:52 AM
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Legislation-Meeting Minutes
Document Type
Ordinance
Number
024
Date
7/17/2006
Year
2006
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entry upon the premises and to take immediate possession of the same only in case of any <br />national or other emergency, or for the purpose of preventing sabotage and for the protection <br />of said freeway structures, in which event the terms of this Agreement shall be extended for <br />period equal to the emergency occupancy by the STATE and during said period LESSEE <br />shall be relieved from the performance of all conditions or covenants specified herein. <br />15. This Agreement shall be recorded. <br />16. The STATE hereby covenants and agrees with the LESSEE that the LESSEE, keeping and <br />performing the covenants and agreements herein contained on the part of the LESSEE to be <br />kept and performed, shall at all times during the said tenancy peaceably and quietly have, hold <br />and enjoy the premises, without suit, trouble, or hindrance from the STATE; provided, <br />however, and it is further agreed, that if the LESSEE shall not perform and fulfill each and <br />every one of the conditions and covenants herein contained to be performed by said LESSEE, <br />or if LESSEE discontinues use oi ihe premises ior more than a coniinuous sixty (60) ciay <br />period; or if LESSEE attempts to sell or assign any interest granted by this Agreement to the <br />premises without the written consent of the STATE, said act or acts or omission or <br />commission may at the option of the STATE, provided such acts are not corrected within a <br />reasonable length of time after written notice of non-compliance has been given, constitute <br />a forfeiture of all rights under the voiding of, and the ending of the terms of this Agreement, <br />and the further occupancy of said premises after such forfeiture by said LESSEE shall be <br />deemed, held and taken as a forcible detainer thereof by said LESSEE; and said STATE may <br />without notice reenter and take possession thereof, and with or without legal process, evict <br />and dispossess said LESSEE from said above premises; and if any suit be brought by the <br />STATE against the LES SEE for the breach of any condition or covenant herein contained by <br />said LESSEE, or any summary action be brought by said STATE for forfeiture of this <br />Agreement, or to recover possession of said premises, said LESSEE agrees to pay all <br />reasonable attorney's fees and cost for commencing and prosecuting said action, which shall <br />be ascertained and fixed by the Court. <br />17. In the event of the termination of this Agreement by the expiration thereof, or for any other <br />reason, the LESSEE will peaceably and quietly leave, surrender, and yield up to the STATE <br />the leased premises with said appurtenances and fixtures in good order, condition and repair, <br />reasonable use and wear thereof, and damage by earthquake, fire, public calamity, by the <br />elements or by act of God, or by circumstances not covered by insurance excepted. Any signs <br />or other appurtenances placed on STATE owned premises pursuant to any provisions hereof <br />are the personal property of LESSEE and shall be removed by LESSEE upon the termination <br />of the Agreement and said premises shall be restored to their previous condition all at the <br />expense of the LESSEE; provided, that if any such appurtenances are not so removed after <br />thirty (30) day written notice trom the STATE to the LESSEE, the STATE may proceed to <br />remove the same and to restore the said premises, and the LESSEE shall pay the STATE <br />Page 4 of 8
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