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Agenda Packet_2026-04-07
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Agenda Packet_2026-04-07
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<br /> <br /> <br />of the leasehold, the value of the part taken or severance damages. City hereby waives any and <br />all rights it might otherwise have pursuant to Section 1265.130 of the California Code of Civil <br />Procedure, or any similar or successor Laws. <br /> <br />51. CONSENT OR APPROVAL (5.9 SR) <br /> <br />Unless expressly stated otherwise, where the consent or approval of a Party is required, such <br />consent or approval will not be unreasonably withheld, conditioned or delayed. <br /> <br />52. UNENFORCEABLE PROVISIONS (6.0 SR) <br /> <br />If any paragraph or clause hereof shall be determined illegal, invalid or unenforceable, it is the <br />express intention of the Parties hereto that the remainder of the Lease shall not be affected thereby, <br />and it is also the express intentions of the Parties hereto that in lieu of each paragraph or clause of <br />this Lease which may be determined to be illegal, invalid or unenforceable, there may be added as <br />a part of this Lease a paragraph or clause as similar in terms to such illegal or invalid or <br />unenforceable paragraph or clause as may be possible and may be legal, valid and enforceable. <br /> <br />City shall at all times comply with restrictions on operational hours established by local ordinances <br />or regulations. City agrees that when alternate forms of packaging are available, only items <br />packaged in a manner most compatible with the goals of reducing litter and preserving the <br />environment shall be sold. Sale of beverages in pop-top cans or in non-returnable metal or glass <br />containers shall not be permitted. Recyclable, push-top type beverage containers may be permitted <br />subject to approval by the Director. City agrees that it will operate and manage the services and <br />facilities offered in a competent and efficient manner at least comparable to other well managed <br />operations of similar type. <br /> <br />CityClause shall constitute a City Default of this <br />Lease and District may immediately terminate this Lease. <br /> <br />54. LIMITATION OF THE LEASEHOLD (6.2 SR) <br /> <br />This Lease and the rights and privileges granted City in and to the Premises are subject to all <br />covenants, conditions, restrictions, and exceptions of record or apparent. Nothing contained in this <br />Lease or in any document related hereto shall be construed to imply the conveyance to City of <br />rights in the Premises, which exceed those, owned by District, or any representation or warranty, <br />either express or implied, relating to the nature or condition of the Premises or District <br />therein. City has accepted the Premises in its <br /> <br />55. PERMITS AND LICENSES (6.3 SR) <br /> <br />City shall be required to obtain any and all approvals, permits and/or licenses which may be <br />required in connection with the operation of the Premises as set out herein. No permit, approval, <br />or consent given hereunder by District, in its governmental capacity, shall affect or limit City <br />obligations hereunder, nor shall any approvals or consents given by District, as a party to this <br />Lease, be deemed approval as to compliance or conformance with applicable governmental codes, <br />laws, rules, or regulations. <br /> <br /> 3/2/2026 Page 27 of 41 Lease Number <br />Agency/Program Standard Revenue Lease Form <br /> <br />
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