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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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terminate the Facility Lease. The City covenants and <br /> agrees that no surrender of the Demised Premises and <br /> Capital Projects I and II or of the remainder of the term <br /> of the Facility Lease or any termination of the Facility <br /> Lease will be valid in any manner or for any purpose <br /> whatsoever unless stated or accepted by the Corporation <br /> by such written notice. <br /> <br /> (2) Without terminating the Facility Lease, (i) to <br /> collect each installment of rent as it becomes due and <br /> enforce any other term or provision hereof to be kept or <br /> performed by the City, regardless of whether or not the <br /> City has abandoned the Demised Premises and Capital <br /> Projects I and II, and/or (ii) to exercise any and all <br /> rights of entry and re-entry upon the Demised Premises <br /> and Capital Projects I and II. In the event the <br /> Corporation does not elect to terminate the Facility <br /> Lease in the manner provided for in subparagraph (1) <br /> hereof, the City will remain liable and agrees to keep or <br /> perform all covenants and conditions herein contained to <br /> be kept or performed by the City and, if the Demised <br /> Premises and Capital Projects I and II are not re-let, to <br /> pay the full amount of the rent to the end of the term of <br /> the Facility Lease or, in the event that the Demised <br /> Premises and Capital Projects I and II are re-let, to pay <br /> any deficiency in rent that results therefrom; and <br /> further agrees to pay said rent and/or rent deficiency <br /> punctually at the same time and in the same manner as <br /> provided above for the payment of rent under the Facility <br /> Lease (without acceleration), notwithstanding the fact <br /> that the Corporation may have received in previous years <br /> or may receive thereafter in subsequent years rental in <br /> excess of the rental specified in the Facility Lease and <br /> notwithstanding any entry or re-entry by the Corporation <br /> or suit in unlawful detainer, or otherwise, brought by <br /> the Corporation for the purpose of effecting such entry <br /> or re-entry or obtaining possession of the Demised <br /> Premises and Capital Projects I and II. Should the <br /> Corporation elect to enter or re-enter as provided in the <br /> Facility Lease, the City by the Facility Lease <br /> irrevocably appoints the Corporation as the agent and <br /> attorney-in-fact of the City to re-let the Demised <br /> Premises and Capital Projects I and II, or any part <br /> thereof, from time to time, either in the Corporation's <br /> name or otherwise, upon such terms and conditions and for <br /> such use and period as the Corporation may deem advisable <br /> and to remove all persons in possession thereof and all <br /> personal property whatsoever situated in and upon the <br /> Demised Premises and Capital Projects I and II and to <br /> place such personal property in storage in any warehouse <br /> <br /> B-15 <br />1685S <br /> <br /> <br />
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