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RES 256 Draft 01 2008-2010
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RES 256 Draft 01 2008-2010
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Last modified
10/28/2009 1:51:25 PM
Creation date
10/12/2009 8:03:44 AM
Metadata
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Template:
Bill/Resolution
Bill/Resolution - Type
RES
Bill/Resolution - Council Term
2008-2010
Bill/Resolution
256
Draft
01
Introducer
Dennis "Fresh" Onishi, Council Member
Referred To
COUNCIL
Action 1
Council: Res. 256-09 amended to Draft 2 - 10/21/09
Reading Number
1
Reading Date
10/21/2009
Document Relationships
AGE COUNCIL 10/21/2009 2008-2010
(Related To)
Path:
\Council Records\Agendas\2008-2010\Council
COM 0575.000 2008-2010
(Related To)
Path:
\Council Records\Communications\2008-2010
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<br />(b) Holding Over. Any holding over after the expiration of the term of this lease, with the <br />consent of the County, shall be construed to be a tenancy from month-to-month at a <br />montWy rent that was in effect at the end of the last lease term and on the same tem1S <br />and conditions specified in this lease, so far as applicable. <br /> <br />14. Default. <br /> <br />(a) Right to Reenter. In the event of (i) any failure to perform any terms, conditions, or <br />covenants of this lease to be observed or performed by HCI (except for a default in the <br />payment of rent) for more than ten days, the County shall have in addition to any other <br />recourse, the right to immediately terminate this lease with sixty days' written notice <br />of such default or breach, or (ii) the occurrence of any event described in paragraph 11 <br />above, or (iii) ifHCI shall abandon the Premises, or suffer this lease to be taken under <br />any writ of execution, any such happening shall be considered a default by HCI, and <br />the County, besides any other rights or remedies it may have, shall have the immediate <br />right, with or without termination, of reentry and may remove all persons and property <br />from the Premises and such property may be removed and stored in a public <br />warehouse or elsewhere at the cost of and for the account of HCI, all without service <br />of notice or resort to legal process and without the County being deemed guilty of <br />trespass, or becoming liable for any loss or damage which may be occasioned thereby. <br /> <br />(b) Termination. In addition to any default by HCI, as that term is defined in paragraph <br />14(a) above, the County and HCI may terminate this lease by giving sixty days' <br />written notice of termination with cause. No reentry or taking possession of the <br />Premises by the County shall be deemed its election to terminate this lease unless a <br />written notice oftermination is given to HCI or unless the termination is decreed by a <br />court of competent jurisdiction. The County may at any time after reletting the <br />Premises without terminating this lease, elect to terminate this lease for HCl's previous <br />default. <br /> <br />(c) Damages to County. If the County terminates this lease because of a default by HCI, <br />in addition to any other remedies the County may have, it may recover from HCI all <br />damages it may incur by reason of such default, including the cost of recovering the <br />Premises, attorney's fees, and the worth at the time of such termination of the excess, if <br />any, of the amount of rent and additional rent reserved in this lease for the remainder <br />of the stated term over the then reasonable market rental value of the Premises for the <br />remainder of the stated term, all of which amounts shall be immediately due and <br />payable from HCI to the County. <br /> <br />(d) Separate Suits. The County shall have the privilege of splitting its cause of action for <br />rent so as to permit institution of a separate suit or proceeding for the base and <br />additional rent due the County under this lease, and a separate suit or proceeding for <br />any other payment required under this lease and neither the institution of any such suit <br /> <br />-6- <br />
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