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1978-10-18 Regular Meeting
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1978-10-18 Regular Meeting
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City Meetings
Meeting Body
City Council
Meeting Doc Type
Minutes
Date
10/18/1978
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• • <br />• -5- <br />such event the LESSOR may, at its option, declare this lease <br />to be terminated or forfeited by the LESSEE; and LESSOR shall <br />be entitled in such event to the immediate possession of such <br />premises and no receiver, trustee in bankruptcy, or assigns <br />for the benefit of creditors shall acquire in any such case <br />any of the rights of the LESSEE hereunder; the landlord's <br />lien, however, in such event, shall not cease and the liability <br />of the LESSEE for the damages on account of breach of any <br />obligation to be performed by the LESSEE under the terms of <br />this lease shall continue and remain in full force and effect. <br />XIII. <br />Failure on the part of the LESSEE to perform any of the <br />• terms, agreements, conditions and covenants imposed by this <br />lease shall, at the option of the. LESSOR, cancel the lease <br />and all rights of LESSEE shall be thereupon terminated and <br />all buildings and permanent improvements placed on said Park <br />by LESSEE shall become the property of the LESSOR; provided, <br />however, LESSEE shall have sixty (60) days written notice <br />from LESSOR in which to correct any default before cancel- <br />lation. In the event that LESSEE fails to correct any such <br />default during such sixty (60) day period, LESSOR, its agents <br />or attorneys, shall have the right to re-enter and remove all <br />persons therefrom without being deemed guilty of any manner <br />of trespass and without prejudice to any remedies for arrears <br />• of rent or breach of covenant, or LESSOR, its agents or <br />attorneys, may resume possession of the premises and re-let <br />the same for the remainder of the term for the best rental <br />it may obtain, for account of LESSEE, which shall make good <br />any deficiency. The failure of the LESSOR to insist in any <br />one or more instances upon performance of any of the terms <br />• or conditions of this lease shall not be construed as a <br />waiver or relinquishment of the future performance of any <br />such term or condition. <br />
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