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Last modified
7/17/2007 2:22:53 PM
Creation date
8/3/2005 10:53:14 AM
Metadata
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Template:
Planning Files
Planning Files - Planning File #
3411
Planning Files - Type
Conditional Use Permit
Address
1900 Prior Avenue
Project Name
Synergy Motor Car Company
Applicant
Synergy Motor Car Company
Status
Approved
Date Final City Council Action
7/29/2002
Planning Files - Resolution #
10014
Additional Information
6-10 vehicle outdoor display area in parking lot
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<br />27.0 NON-LIABILITY: <br /> <br />Subject to the terms and conditions of Article 27.0 hereof, Landlord shall not be liable for any damage to <br />property of Tenant or of others located on the Premises, nor for the loss or damage to any property of <br />Tenant or of others by theft or otherwise. Landlord shall not be liable for any injury or damage to <br />persons or property resulting from fire, explosion, falling plaster, steam, gas, electricity, water, rain or <br />snow or leaks from any part of the Premises or from the pipes, appliances, or plumbing works or from the <br />roof, street or subsurface or from any other place or by dampness or by any other cause of whatsoever <br />nature. Landlord shall not be liable for any such damage caused by other Tenants or persons in the <br />Premises, occupants or adjacent property, of the buildings, or the public or caused by operations in <br />construction of any private, public or quasi-public work. Landlord shall not be liable for any latent <br />defect in the Demised Premises. All property of Tenant kept or stored on the Demised Premises shall be <br />so kept or stored at the risk of Tenant only and Tenant shall hold Landlord harmless from any claims <br />arising out of damage to the same, including subrogation claims by Tenant's insurance carrier. <br /> <br />28.0 SUBORDINATION: <br /> <br />This Lease shall be subordinated to any mortgage that may now exist or that may hereafter be placed <br />upon the Demised Premises and to any and all advances made thereunder, and to the interest upon the <br />indebtedness evidenced by such mortgages, and to all renewals, replacements and extensions thereof. In <br />the event of execution by Landlord after the date of this Lease of any such mortgage, renewal, <br />replacement or extension, Tenant agrees to execute a subordination agreement with the holder thereof <br />which agreement shall provide that: <br /> <br />a. Such holder shall not disturb the possession and other rights of Tenant under this Lease so long <br />as Tenant is not in default hereunder. <br /> <br />b. In the event of acquisition of title to the Demised Premises by such holder, such holder shall <br />accept the Tenant as Tenant ofthe Demised Premises under the terms and conditions of this <br />Lease and shall perform all the obligations of Landlord hereunder, and <br /> <br />c. The Tenant shall recognize such holder as Landlord hereunder <br /> <br />Tenant shall, upon receipt of a request from Landlord therefor, execute and deliver to Landlord <br />or to any proposed holder of a mortgage or trust deed or to any proposed purchaser of the <br />Premises an Estoppel Letter. <br /> <br />29.0 ATTORNMENT: <br /> <br />In the event of a sale or assignment of Landlord' s interest, in the Building in which the Demised <br />Premises are located, or this Lease, or if the Building comes into custody or possession of a mortgagee or <br />any other party whether because of a mortgage foreclosure, or otherwise, Tenant shall attorn to such <br />assignee or other party and recognize such party as Landlord hereunder; provided, however, Tenant's <br />peaceable possession will not be disturbed so long as Tenant faithfully performs its obligations under this <br />Lease. Tenant shall execute, on demand, any attornment agreement required by any such party to be <br />executed, containing such provisions as such party may require. Landlord shall have no further <br />obligations under this Lease after any such assignment. <br /> <br />30.0 NOVATION IN THE EVENT OF SALE: <br /> <br />Lease - Synergy Motor 6-4-02 <br />06/06/02-3:08 PM <br /> <br />13 <br />
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