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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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property is no longer required or useful in connection with <br />the operation of Capital Projects I and II. In the event of <br />any such sale, the full amount of the money or consideration <br />received for the personal property so sold and released shall <br />be paid to the Corporation. Any money so paid to the <br />Corporation may, so long as the City is not in default under <br />any of the provisions of this Lease, be used upon the Written <br />Request of the City to purchase personal property, which <br />property shall become a part of Capital Projects I and II <br />leased hereunder. The Corporation may require such opinions, <br />certificates and other documents as it may deem necessary <br />before permitting any sale or exchange of personal property <br />subject to this Lease or before releasing for the purchase of <br />new personal property money received by it for personal <br />property so sold. <br /> <br /> Section 25. Waiver. <br /> <br /> Failure of the Corporation to take advantage of any <br />default on the part of the City shall not be, or be construed <br />as, a waiver thereof, nor shall any custom or practice which <br />may grow up between the parties in the course of administering <br />this Lease be construed to waive or to lessen the right of the <br />Corporation to insist upon performance by the City of any <br />term, covenant or condition hereof, or to exercise any rights <br />given the Corporation on account of such default. A waiver of <br />a particular default shall not be deemed to be a waiver of the <br />same or any subsequent default. The acceptance of rent <br />hereunder shall not be, nor be construed to be, a waiver of <br />any term, covenant or condition of this Lease. <br /> <br /> Section 26. Net Lease. <br /> <br /> This Lease shall be deemed and construed to be a <br />"net-net-net lease" and the City hereby agrees that the rents <br />provided for herein shall be an absolute net return to the <br />Corporation, free and clear of any expenses, charges or <br />setoffs whatsoever. <br /> <br /> Section 27. Water Revenue Bond Resolution. <br /> <br /> The City covenants that it will comply with all <br />terms and conditions of the Water Revenue Bond Resolution to <br />be complied with by it as long as any bonds shall be <br />outstanding under said resolution. <br /> <br /> Section 28. Headinqs. <br /> <br /> All section headings contained herein are for <br />convenience of reference only and are not intended to define <br />or limit the scope of any provision of this Lease. <br /> <br /> F-30 <br />1456S <br /> <br /> <br />
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