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RES 87418
City of Pleasanton
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RES 87418
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10/26/2017 4:23:58 PM
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12/6/1999 11:19:45 PM
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CITY CLERK
CITY CLERK - TYPE
RESOLUTIONS
DOCUMENT DATE
9/15/1987
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City for a period of sixty (60) days after notice of the same <br />has been given to the City by the Corporation or the Trustee <br />or for such additional time as is reasonably required, in the <br />sole discretion of the Trustee, to correct the same, or upon <br />the happening of any of the events specified in subsection (b) <br />below, the City will be deemed to be in default under the <br />Facility Lease, and it will be lawful for the Corporation to <br />exercise any and all remedies available pursuant to law or <br />granted pursuant to the Facility Lease. Upon any such <br />default, the Corporation, in addition to all other rights and <br />remedies it may have at laW, will have the option to do any of <br />the following: <br /> <br /> (1) To terminate the Facility Lease in the manner <br /> provided below on account of default by the City, <br /> notwithstanding any re-entry or re-letting of the Demised <br /> Premises and Capital Projects I and II as provided for in <br /> subparagraph (2) below, and to re-enter the Demised <br /> Premises and Capital Projects I and II and remove all <br /> persons in possession thereof and all personal property <br /> wheresoever situated upon the Demised Premises or Capital <br /> Projects I and II and place such personal property in <br /> storage in any warehouse or other suitable place in the <br /> County of Alameda, State of California. In the event of <br /> such termination, the City agrees to surrender <br /> immediately possession of the Demised Premises and <br /> Capital Projects I and II, without let or hindrance, and <br /> to pay the Corporation all damages recoverable at law <br /> that the Corporation may incur by reason of default by <br /> the City, including, without limitation, any costs, loss <br /> or damage whatsoever arising out of, in connection with, <br /> or incident to any such re-entry upon the Demised <br /> Premises and Capital Projects I and II and removal or <br /> storage of such property by the Corporation or its duly <br /> authorized agents in accordance with the provisions <br /> contained in the Facility Lease. Neither notice to pay <br /> rent or to deliver up possession of the Demised Premises <br /> and Capital Projects I and II given pursuant to law nor <br /> any entry or re-entry by the Corporation nor any <br /> proceeding in unlawful detainer, or otherwise, brought by <br /> the Corporation for the purpose of effecting such <br /> re-entry or obtaining possession of the Demised Premises <br /> and Capital Projects I and II nor the appointment of a <br /> receiver upon initiative of the Corporation to protect <br /> the Corporation's interest under the Facility Lease will <br /> of itself operate to terminate the Facility Lease, and no <br /> termination of the 'Facility Lease on account of default <br /> by the City will be or become effective by operation of <br /> law or acts of the Corporation or the City, unless and <br /> until the Corporation has given written notice to the <br /> City of the election on the part of the Corporation to <br /> <br /> B-14 <br />1685S <br /> <br /> <br />
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