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2000_0724_packet
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2000_0724_packet
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5/9/2014 4:25:30 PM
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12/14/2009 1:50:37 PM
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Roseville City Council
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Council Agenda/Packets
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structural and nonstructural, ordinary and e�raordinary, foreseen and unforeseen, necessary to <br />maintain the improvements. All repairs and maintenance shall be at least equal in quality and <br />class to the original construction of the improvements. Tenant sha11 be responsible for twenty-five <br />percent (25 %) of any costs incurred in the sole discretion of the Lessor regarding the maintenance <br />or improvement of the parking lot or other common areas. Such costs shall be payable in lump <br />sums upon notice, or upon such other terms agreed to by Lessor in writing. Lessor shall <br />consult with Tenant regarding the need for and scheduling of routine maintenance to common <br />areas including but not limited to the parking lot, and both parties shall take reasonable measures <br />to provide advance notice of anticipated maintenance activities for budgeting purposes and shall <br />schedule and undertake those activities so as to avoid the interruption or disruption of services and <br />programs to the extent practicable. <br />17. CONDEMNATION. in the event that the leased premises or improvements, or <br />part thereof shall be taken in condemnation proceedings or by the exercise of any right of <br />eminent domain, or by appropriation or through private purchase in lieu thereof, the parties to <br />this Agreement shall attempt to value Tenant's interest in the improvements and the Lessor's land <br />value and reversionary interest in the leased premises, and distribute any award or compensation <br />accordingly. Compensation shall be limited to the depreciated value of the Improvements <br />based on the certifed costs of those improvements provided by the Tenant to the Lessor as <br />specifed in paragraph 4 of this Agreement, and shall not include land value, business or <br />enterprise value, going concern value or any other pecuniary beneft that may be asserted <br />by the Tenant. If agreement is not reached within thirty (30) days after the submission by the <br />parties to each other of a proposed distribution, then any party may request arbitration as <br />hereinafter provided to establish the value of their respective interests under the value premise <br />8 <br />
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