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Last modified
1/14/2020 1:50:51 PM
Creation date
1/14/2020 1:26:51 PM
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Contracts
Company Name
SEQUOIA FOUNDATION
Contract #
N-2020-004
Agency
PUBLIC WORKS
Expiration Date
4/30/2020
Insurance Exp Date
1/1/1900
Destruction Year
2025
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19. EMINENT DOMAIN: (a) If (i) all or part of the Promises, the builft, located <br />thereon, or (ii) so mach of any rights in the promises or the building located themn shall be <br />taken or appropriated under any right of eminent domain or wider any other legal right whereby <br />the taking authority is obligated to compensate Landlord therefcr so that there dcies not remain <br />premises suitable in the sole opinion of Tenant for the operation of its business, then Tenant may <br />terminate and cancel this !.ease without .owing any liability to Landlord as of the date on which <br />the condemning authority takes -physical possession upon.giving to Landlord written notice of <br />such election.: Landlord agrees immediately within ten (10) days after any i3otioe'of intended or <br />actual taking or appropriation to give Tenant written notice thereof; providing to Tenant frill <br />details .of such taking or appropriation, including; without limitation copies of all condemnation <br />plans or surveys submitted by the condetiining authority, a statement ofthe name project <br />.to be conducted by the condemning authority, and such other information as might be necessary <br />to enable Tenant to determine its future course of conduct. TENANT ACKNOWLEbGES <br />THAT LANDLORD'S EXERCISE OFUS RIGHT TO TER1ytINATE THIS LEASE <br />UNDER ANY THIS PARAGRAPHS ULL NOT ENTITLE TENANT TO ANY RIGHTS <br />OR CLAIMS b`OR RELOCATION 1319NETlTS OR ANY OTHER CLAIMS RELATED <br />TO CONDEMNATIOIN'OR INVERSE CONDEMNATION. <br />(b) If this Lease shall tie terminated and canceled as a result a£ any taking or <br />appropriation, Tenant shall be released from any further liability and Rent acid other sums for the <br />last month of Tenant's occupancy shall be prorated and Landlord shall immediately refund to <br />Tenant any sums paid in advance. <br />(c) Tenaut reserves unto itself the right to prosecute Tenant's claim for, an <br />award for damages for the termination of this Lease caused by such appropriation or taking, <br />together with damages based on the value of Tenant's improvements and Tenant's fixtures and <br />other personal property erected or installed on'the. Premises and damages Tenant may sustain to <br />the interest in the business operated by Tenant on the Premises, including; but not limited to, <br />goodwill, patronage, and the removal, relocation, and roplacemernt costs and expenses caused by <br />such appropriation or taking, and Tenant may file such claims'as are permitted by law for the <br />loss of its leasehold interest, business dislocation damages, moving expense or other damages <br />caused by such taking or appropriation. Tenant's right to receive compensation or damages for <br />its fixtures or its personal property shall not be affecleelr in any mannef'by thisease <br />20. LIENS: Tenant shall promptly remove and discharge, at its cost and expense, all <br />mechanic's lions, or other liens, for labor performed or materials fitmished with respect to the <br />Premises by or for Tenant. <br />21. PARKING AREA: (a) All those portions of the SARTC which are not presently <br />occupied by buildings and which are designated parking spaces within the parking structure shall <br />be available for use by Tenant and Tenant's agents, employees, customers and invites for <br />parking and access to the public streets and Highways (the ",Parking Area"), Tenant further <br />acknowledges that Landlord has entered into an agreement with the Orange County <br />Transportation Authority for the construction of the OC Streetcar at SARTC, which began <br />
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