Ownership of Improvements. a. During the term of this Agreement, LESSEE shall own all Improvements permitted by CITY constructed on the Premises until expiration of the Initial or Renewal Term or sooner termination of this Agreement. LESSEE shall not remove any Improvements once constructed on the Premises, expect as permitted in writing by CITY. b. Upon termination of this Agreement, all Improvements on the Premises shall, without compensation to ▇▇▇▇▇▇, become CITY’s property free and clear of any and all claims against them by ▇▇▇▇▇▇ or any third party unless an Agreement is otherwise reached by the PARTIES and reduced to writing. i. Upon termination or expiration of a term of this Agreement, CITY may, at CITY’s election, demand removal of all Improvements, as specified in this paragraph. A demand to remove Improvements by the normal expiration of the Initial Term or Renewal Term shall be deemed effective by notice given at any time within one month before the expiration date. A demand to remove Improvements upon any other termination of this Agreement shall be deemed effective by notice given in, or concurrently with, notice of such termination or within thirty (30) days after such termination. ii. Upon receipt of a demand by the CITY to remove all Improvements, ▇▇▇▇▇▇ agrees to meet and confer with the CITY to reach an agreed upon schedule to restore the Premises to the condition it was in prior to this Agreement taking effect. To that end, a photographic record must be taken of the Premises on the Effective Date to show the condition it was in at the time the PARTIES entered into this Agreement. iii. If LESSEE fails to remove any Improvements from the Premises upon receipt of a demand by the City, CITY shall have the right to have such Improvements removed at the expense of LESSEE. As to any or all Improvements that CITY does not exercise said option for removal, title thereto shall vest in CITY, without cost to CITY, and without any payment to LESSEE.
Appears in 1 contract
Sources: Ground Lease Agreement
Ownership of Improvements. a. During Any and all buildings and improvements now existing or hereafter placed or erected on the Property or the Easements, and any and all subsequent alterations, modifications, additions and replacements thereto or thereof, shall be and remain the property of Tenant throughout the term of this AgreementLease, LESSEE and any extension hereof, and Tenant shall own retain all Improvements permitted by CITY constructed rights to depreciation deductions and tax credits arising from the ownership thereof. Subject to the provisions of Subsection 8.4, any and all buildings and improvements then existing on the Premises until Property as well as any and all fixtures thereto, except furniture equipment, and trade fixtures, made or placed in or on the Property by Tenant or any other person shall on expiration of the Initial or Renewal Term or sooner termination of this Agreement. LESSEE shall not remove any Improvements once constructed Lease remain on the PremisesProperty and become the property of Landlord, expect unless Landlord gives written notice to Tenant that any or all such buildings and improvements, are to be removed from the Property, in which case Tenant shall remove same and return all or such portion of the Property to its original condition or as permitted in writing by CITY.
b. Upon near thereto as is reasonably possible, at Tenant’s sole cost and expense, within sixty (60) days of the termination of this AgreementLease as to that portion of the Property upon which such building or improvement, all Improvements on the Premises shallto be removed is situated; provided, without compensation however, that such time period shall be extended to ▇▇▇▇▇▇, become CITY’s property free one hundred and clear of any and all claims against them by ▇▇▇▇▇▇ or any third party unless an Agreement is otherwise reached by the PARTIES and reduced to writing.
i. Upon termination or expiration of a term of this Agreement, CITY may, at CITY’s election, demand removal of all Improvements, as specified in this paragraph. A demand twenty (120) days if Landlord requires Tenant to remove Improvements by the normal expiration of the Initial Term or Renewal Term shall be deemed effective by notice given at demolish any time within one month before the expiration date. A demand to remove Improvements upon any other termination of this Agreement shall be deemed effective by notice given in, or concurrently with, notice of such termination or within thirty (30) days after such termination.
ii. Upon receipt of a demand by the CITY to remove all Improvements, ▇▇▇▇▇▇ agrees to meet and confer with the CITY to reach an agreed upon schedule to restore the Premises to the condition it was in prior to this Agreement taking effect. To that end, a photographic record must be taken of the Premises on the Effective Date to show the condition it was in at the time the PARTIES entered into this Agreement.
iiibuilding. If LESSEE Tenant fails to remove any Improvements building or improvement, as required by this Subsection 7.9 within the time period stated, then Landlord may undertake and complete such removal; and the cost of such removal, together with interest thereon at a floating rate which is the highest floating rate most recently published in the Wall Street Journal “Money Rates” as the base rate on corporate loans at large U.S. money center commercial banks, whether that rate may be designated in said publication as a “prime” rate, a “base” rate, a “reference” rate or otherwise, plus two percent (2%) per annum, from the Premises upon receipt date of a demand by the Citypayment therefore, CITY shall have the right be payable, on demand, from Tenant to have such Improvements removed at the expense of LESSEE. As to any or all Improvements that CITY does not exercise said option for removal, title thereto shall vest in CITY, without cost to CITY, and without any payment to LESSEELandlord.
Appears in 1 contract
Ownership of Improvements. a. During The ownership of all approved improvements constructed by the Lessee shall remain vested in Lessee until expiration or sooner termination of the term of this Agreement, LESSEE shall own all Improvements permitted by CITY constructed on Lease. At the Premises until expiration of the Initial or Renewal Term or sooner earlier termination of this Agreement. LESSEE Lease, all alterations, modifications, or improvements upon the Premises (except those “tenant improvements” referenced below), whether made by City or Lessee shall, absent any agreement between the City and Lessee to the contrary, or unless City otherwise elects, which election shall not remove any Improvements once constructed on the Premises, expect as permitted be made by giving a notice in writing by CITY.
b. Upon not less than fifteen (15) working days prior to the expiration or other termination of this AgreementLease, all Improvements on become the Premises property of City and shall, without compensation to Lessee, become City property free and clear of all claims to or against the improvements by Lessee or any third person. ▇▇▇▇▇▇ shall defend, indemnify, and hold harmless the City against all liability and loss arising from such claims or from the City’s exercise of the rights conferred by this paragraph; in the event the City so elects, City shall be responsible for the removal of said improvements after the termination of the expiration of the tenancy. With respect to ▇▇▇▇▇▇ owned tenant improvements (such as signage) or fixtures, at the termination of this Lease, City may notify Lessee to remove any or all of the alterations, additions, fixtures, or tenant improvements made by Lessee. Lessee shall do so, at ▇▇▇▇▇▇’s sole cost and expense, become CITY’s property free and clear shall promptly repair any damage caused by such removal in a first-class manner. Removal is to be completed no later than sixty (60) days from the date of said notice or at such further time as City may agree to in writing. In the event Lessee fails to remove any or all of the alterations, additions, fixtures, or tenant improvements required by City, City may remove same and all claims against them by charge Lessee for the cost of such removals and ▇▇▇▇▇▇ or hereby agrees to pay any third party unless an Agreement and all such costs upon demand. Notwithstanding the foregoing, City and SLO REP acknowledge that, once the Cultural Arts District Parking Structure and the Downtown Theatre construction is otherwise reached by complete, that two (2) subterranean stormwater facilities will be in place below the PARTIES and reduced to writing.
i. Upon termination or expiration of a term of this Agreement, CITY may, at CITY’s election, demand removal of all Improvements, as specified in this paragraphPremises. A demand to remove Improvements by the normal expiration One of the Initial Term or Renewal Term stormwater facilities is in service to the Cultural Arts District Parking structure and all maintenance and ownership responsibilities thereof shall be deemed effective borne by notice given at any time within one month before the expiration dateCity. A demand to remove Improvements upon any other termination of this Agreement shall be deemed effective by notice given in, or concurrently with, notice of such termination or within thirty (30) days after such termination.
ii. Upon receipt of a demand by the CITY to remove all Improvements, ▇▇▇▇▇▇ agrees to meet and confer with the CITY to reach an agreed upon schedule to restore the Premises to the condition it was in prior to this Agreement taking effect. To that end, a photographic record must be taken of the Premises on the Effective Date to show the condition it was in at the time the PARTIES entered into this Agreement.
iii. If LESSEE fails to remove any Improvements from the Premises upon receipt of a demand by the City, CITY The City shall have the right right, upon reasonable notice to have the Lessee, or immediately in emergent situations, to enter the Premises as necessary to access such Improvements removed at stormwater facility for annual inspection and maintenance or other legitimate purposes. The other stormwater facility is in service to the expense of LESSEEDowntown Theatre and all maintenance and ownership responsibilities thereof shall be borne by SLO REP. As to any or all Improvements that CITY does not exercise said option for removal, title thereto shall vest in CITY, without cost to CITY, and without any payment to LESSEE.City's stormwater facility is shown on Exhibit A.
Appears in 1 contract
Sources: Lease Agreement
Ownership of Improvements. a. All Improvements shall be the property of Lessee during, and only during, the Term and no longer. During the term Term, no Improvements shall be conveyed, transferred or assigned, except as permitted under Articles 23, 24 and 25, and at all such times the holder of the leasehold interest of Lessee under this Lease shall be the owner of all Improvements. Any attempted conveyance, transfer or assignment of any of the Improvements, whether voluntarily or by operation of law or otherwise, to any person, corporation or other entity shall be void and of no effect whatever, except as permitted under Articles 23, 24 and 25. Notwithstanding the foregoing, Lessee may from time to time replace the Improvements and make Additional Improvements and Alterations, provided that the replacements for such items are of equivalent or better value and quality, and such items are free from any liens and encumbrances except for equipment leases and any other financings expressly permitted hereunder. Upon any termination of this AgreementLease, LESSEE shall own all Improvements permitted whether by CITY constructed on reason of the Premises until expiration of the Initial Term hereof, or Renewal Term pursuant to any provision hereof, or sooner by reason of any other cause whatsoever, all of Lessee’s right, title and interest in the Improvements and any Additional Improvements and Alterations shall cease and terminate and title to the Improvements shall immediately vest in Lessor. Lessee shall surrender the Improvements to Lessor as provided in Article 28. No further deed or other instrument shall be necessary to confirm the vesting in Lessor of title to the Improvements. However, upon any termination of this AgreementLease, Lessee, upon request of Lessor, shall execute, acknowledge and deliver to Lessor a quitclaim deed confirming that all of Lessee’s rights, title and interest in the Improvements has expired and that title thereto has vested in Lessor. LESSEE shall not remove any Improvements once constructed on Notwithstanding the Premisesforegoing, expect as permitted in writing by CITY.
b. Upon termination of this Agreement, all Improvements on the Premises shall, without compensation to ▇▇▇▇▇▇, become CITY’s property free ownership and clear of any and all claims against them by ▇▇▇▇▇▇ or any third party unless an Agreement is otherwise reached by the PARTIES and reduced to writing.
i. Upon termination or expiration of a term of this Agreement, CITY may, at CITY’s election, demand removal disposition of all Improvementspersonal property, as specified in this paragraph. A demand to remove Improvements trade fixtures and improvements installed by the normal expiration any subtenants of the Initial Term or Renewal Term Property shall be deemed effective by notice given at any time within one month before the expiration date. A demand to remove Improvements upon any other termination of this Agreement shall be deemed effective by notice given in, or concurrently with, notice of such termination or within thirty (30) days after such terminationas provided in their subleases.
ii. Upon receipt of a demand by the CITY to remove all Improvements, ▇▇▇▇▇▇ agrees to meet and confer with the CITY to reach an agreed upon schedule to restore the Premises to the condition it was in prior to this Agreement taking effect. To that end, a photographic record must be taken of the Premises on the Effective Date to show the condition it was in at the time the PARTIES entered into this Agreement.
iii. If LESSEE fails to remove any Improvements from the Premises upon receipt of a demand by the City, CITY shall have the right to have such Improvements removed at the expense of LESSEE. As to any or all Improvements that CITY does not exercise said option for removal, title thereto shall vest in CITY, without cost to CITY, and without any payment to LESSEE.
Appears in 1 contract
Sources: Ground Lease (Vmware, Inc.)
Ownership of Improvements. a. During the term of this Agreement, LESSEE shall own all Improvements permitted by CITY constructed on the Premises until expiration of the Initial or Renewal Term or sooner termination of this Agreement. LESSEE shall not remove any Improvements once constructed on the Premises, expect as permitted in writing by CITY.
b. Upon termination of this Agreement, all Improvements on the Premises shall, without compensation to ▇▇▇▇▇▇LESSEE, become CITY’s property free and clear of any and all claims against them by ▇▇▇▇▇▇ LESSEE or any third party unless an Agreement is otherwise reached by the PARTIES and reduced to writing.
i. Upon termination or expiration of a term of this Agreement, CITY may, at CITY’s election, demand removal of all Improvements, as specified in this paragraph. A demand to remove Improvements by the normal expiration of the Initial Term or Renewal Term shall be deemed effective by notice given at any time within one month before the expiration date. A demand to remove Improvements upon any other termination of this Agreement shall be deemed effective by notice given in, or concurrently with, notice of such termination or within thirty (30) days after such termination.
ii. Upon receipt of a demand by the CITY to remove all Improvements, ▇▇▇▇▇▇ LESSEE agrees to meet and confer with the CITY to reach an agreed upon schedule to restore the Premises to the condition it was in prior to this Agreement taking effect. To that end, a photographic record must be taken of the Premises on the Effective Date to show the condition it was in at the time the PARTIES entered into this Agreement.
iii. If LESSEE fails to remove any Improvements from the Premises upon receipt of a demand by the City, CITY shall have the right to have such Improvements removed at the expense of LESSEE. As to any or all Improvements that CITY does not exercise said option for removal, title thereto shall vest in CITY, without cost to CITY, and without any payment to LESSEE.
Appears in 1 contract
Sources: Ground Lease Agreement
Ownership of Improvements. a. During A. Title to Fixtures on the term Leased Premises at the commencement of this Agreement is retained by the City. The ownership of all approved Fixtures made by Lessee hereunder shall remain forever after with the City, as will any and all equipment furnished and installed by the City, as specified in Exhibit B, attached hereto. Temporary and non-affixed improvements, equipment and furniture that are furnished by the Lessee shall remain the property of the Lessee and may be removed at the conclusion of the tenancy.
B. In the event that City consents to the assignment of this Agreement, LESSEE ownership of all approved Fixtures and equipment as listed in Exhibits B and C shall own all Improvements permitted by CITY constructed remain on the Leased Premises until under the terms of this Agreement.
C. In the event of any termination of this Agreement, Lessee shall within thirty (30) days thereafter commence and diligently proceed to remove from said Leased Premises at Lessee's sole cost and expense any and all Personal Property except as listed in Exhibit B, equipment, and furniture constructed and/or supplied by Lessee under this Agreement; provided that if Lessee for any reason fails to do so, then such Personal Property not so removed shall automatically at the end of such thirty (30) days be and become the property of City and the title of Lessee therein shall automatically terminate. The removal of the Personal Property shall not cause any damage to the Lease Premises, and if there is damage the Lessee shall be responsible for replacing and /or repairing the damage. If Lessee fails to replace or repair the damage the City may deduct the cost to the City from the Security Deposit.
D. Any and all Fixtures on the Leased Premises, including any equipment and furniture, as specified in Exhibit B, at the expiration of the Initial or Renewal Term term (or sooner termination of this Agreement. LESSEE shall not remove any Improvements once constructed on the Premises, expect as permitted in writing by CITY.
b. Upon termination of this Agreement, all Improvements on the Premises ) shall, without compensation to ▇▇▇▇▇▇, Lessee become CITY’s City property free and clear of any and all claims to or against them the improvements by ▇▇▇▇▇▇ Lessee or any third party unless an Agreement is otherwise reached person, and Lessee shall defend and indemnify the City against all liability and loss arising from such claims or from the City's exercise of the rights conferred by the PARTIES and reduced to writingthis paragraph.
i. Upon termination E. A copy of all receipts shall be provided to the Airport Director for each and every improvement, repair and fixture of any type made or expiration of a added during the term of this Agreement, CITY may, at CITY’s election, demand removal of all Improvements, as specified in this paragraph. A demand to remove Improvements by the normal expiration of the Initial Term or Renewal Term shall be deemed effective by notice given at any time within one month before the expiration date. A demand to remove Improvements upon any other termination of this Agreement shall be deemed effective by notice given in, or concurrently with, notice of such termination or within thirty (30) days after such terminationLease.
ii. Upon receipt of a demand by the CITY to remove all Improvements, ▇▇▇▇▇▇ agrees to meet and confer with the CITY to reach an agreed upon schedule to restore the Premises to the condition it was in prior to this Agreement taking effect. To that end, a photographic record must be taken of the Premises on the Effective Date to show the condition it was in at the time the PARTIES entered into this Agreement.
iii. If LESSEE fails to remove any Improvements from the Premises upon receipt of a demand by the City, CITY shall have the right to have such Improvements removed at the expense of LESSEE. As to any or all Improvements that CITY does not exercise said option for removal, title thereto shall vest in CITY, without cost to CITY, and without any payment to LESSEE.
Appears in 1 contract
Sources: Lease Agreement
Ownership of Improvements. a. During Title to all Improvements and alterations constructed or installed on the term Site shall at all times during the Term of this Agreement, LESSEE shall own all Improvements permitted Agreement remain in name of the City. No less than one hundred eighty (180) days prior to the termination of this Agreement (whether by CITY constructed on the Premises until expiration of the Initial Term hereof or Renewal Term upon earlier termination as provided for herein), the Authority shall elect whether to (1) take title to all such Improvements and alterations, in which case all such Improvements and alterations shall vest in the Authority, or sooner (2) require the City to demolish the Improvements and return the Site to a pad ready state prior to the termination of this Agreement. LESSEE All furniture, signs, and fixtures shall not remove any Improvements once constructed on remain the Premises, expect as permitted in writing property of the City and shall be removed by CITY.
b. Upon City prior to the expiration or earlier termination of this Agreement. Such removal shall be at the City’s own expense and shall not cause material injury to the Site or Improvements, all and, therefore, the City shall simultaneously therewith repair and restore any damage to the Site or Improvements on thereon caused by such removal in a manner reasonably satisfactory to the Premises shallCEO. Notwithstanding the foregoing, if the Authority requires the City to demolish the Improvements, then the City may remove its furniture, signs and fixtures without compensation regard to ▇▇▇▇▇▇damage to the Improvements. The failure to so remove such furniture, become CITY’s signs, and fixtures or other personal property free and clear of any and all claims against them by ▇▇▇▇▇▇ or any third party unless an Agreement is otherwise reached by the PARTIES and reduced to writing.
i. Upon termination or expiration of a term of this Agreement, CITY may, at CITY’s election, demand removal of all Improvements, as specified in this paragraph. A demand to remove Improvements by the normal expiration of the Initial Term or Renewal Term shall be deemed effective by notice given at any time within one month before the expiration date. A demand to remove Improvements upon any other termination of this Agreement shall constitute a hold-over by City, subject to all of the terms and conditions of this Lease, but all such property not removed within the time above specified shall be deemed effective by notice given inabandoned, in which case the Authority may use or concurrently with, notice of such termination or within thirty (30) days after such termination.
ii. Upon receipt of a demand by the CITY to remove all Improvements, ▇▇▇▇▇▇ agrees to meet and confer with the CITY to reach an agreed upon schedule to restore the Premises to the condition it was in prior to this Agreement taking effect. To that end, a photographic record must be taken dispose of the Premises on the Effective Date to show the condition same as it was in at the time the PARTIES entered into this Agreement.
iii. If LESSEE fails to remove any Improvements from the Premises upon receipt of a demand by the City, CITY shall have the right to have such Improvements removed at the expense of LESSEE. As to any or all Improvements that CITY does not exercise said option for removal, title thereto shall vest in CITY, without cost to CITY, and see fit without any payment liability to LESSEECity therefor.
Appears in 1 contract
Sources: Ground Lease Agreement
Ownership of Improvements. a. A. [§501] Ownership During Term Title to the term of this Agreement, LESSEE Building Shell shall own all Improvements permitted by CITY remain in City. All improvements to real property constructed on the Premises until by Tenant as permitted or required by this Lease shall, during this Lease term, be and remain the property of Tenant, provided however, that Tenant shall have no right to waste, destroy, demolish or remove the improvements, and provided, further, that Tenant’s rights and powers with respect to the improvements are subject to the terms and limitations of this Lease.
B. [§502] Ownership at Termination
1. At the expiration of the Initial or Renewal Term or sooner termination of this Agreement. LESSEE shall not remove any Improvements once constructed on the PremisesLease term, expect as permitted in writing by CITY.
b. Upon termination of this Agreement, all Improvements on the Premises shall, without compensation to ▇▇▇▇▇▇, become CITY’s property free and clear of any and all claims against them by ▇▇▇▇▇▇ or any third party unless an Agreement is otherwise reached by the PARTIES and reduced to writing.
i. Upon termination or expiration of a term of this Agreement, CITY Landlord may, at CITYLandlord’s election, demand the removal from the Premises, at Tenant’s sole cost and expense, of all Improvementsimprovements, fixtures, and/or furnishings, as specified in this paragraphthe notice provided for below. A demand to remove Improvements by take effect at the normal expiration of the Initial Term or Renewal Term term shall be deemed effective effected by notice given at any time within one month least thirty (30) days before the expiration date. A demand to remove Improvements upon take effect on any other termination of this Agreement Lease shall be deemed effective effectuated by notice given in, or concurrently with, with notice of such termination or within thirty ten (3010) days after such termination.
ii2. Any fixtures or furnishings not removed by Tenant within thirty (30) days of the termination of this Lease shall be deemed to be abandoned by Tenant and shall, without compensation to Tenant, then become the Landlord’s property, free and clear of all claims to or against them by Tenant or any third party.
3. Upon receipt termination of a demand this Lease, whether by expiration of the CITY term or otherwise, all improvements not required to remove be removed by Tenant as hereinabove provided shall, without compensation to Tenant, then remain Landlord’s property, free and clear of all Improvements, ▇▇▇▇▇▇ agrees claims to meet or against them by Tenant or any third party.
4. Tenant shall defend and confer with indemnify Landlord against all liability and loss arising from any such claims or from Landlord’s exercise of the CITY to reach an agreed upon schedule to restore the Premises rights conferred by this Section 502.
5. Notwithstanding any provision in this Lease to the condition it was contrary, in prior to this Agreement taking effect. To that end, a photographic record must be taken of the Premises on the Effective Date to show the condition it was in at the time the PARTIES entered into this Agreement.
iii. If LESSEE event Tenant fails to remove any Improvements property as demanded by Landlord, then Landlord after ten days written notice to Tenant, and without waiving or releasing Tenant from any obligation of Tenant hereunder, may (but shall not be required to) place such property in storage for the Premises upon receipt account of a demand by the City, CITY shall have the right to have such Improvements removed and at the expense of LESSEE. As to any or all Improvements that CITY does not exercise said option for removal, title thereto Tenant in which event the provisions of Section 1105 shall vest in CITY, without cost to CITY, and without any payment to LESSEEbe applicable.
Appears in 1 contract
Sources: Lease Agreement
Ownership of Improvements. a. [501] Ownership During Term Title to the term of this Agreement, LESSEE Premises and CITY Facilities shall own all Improvements permitted by CITY remain in CITY. All improvements to real property constructed on the Premises until by AMTRAK as permitted or required by this Lease shall, during this Lease term, be and remain the property of AMTRAK, provided however, that AMTRAK shall have no right to waste, destroy, demolish or remove the improvements, and provided, further, that AMTRAK’s rights and powers with respect to the improvements are subject to the terms and limitations of this Lease. §[502] Ownership at Termination
a. At the expiration of the Initial or Renewal Term or sooner termination of this Agreement. LESSEE shall not remove any Improvements once constructed on the PremisesLease term, expect as permitted in writing by CITY.
b. Upon termination of this Agreement, all Improvements on the Premises shall, without compensation to ▇▇▇▇▇▇, become CITY’s property free and clear of any and all claims against them by ▇▇▇▇▇▇ or any third party unless an Agreement is otherwise reached by the PARTIES and reduced to writing.
i. Upon termination or expiration of a term of this Agreement, CITY may, at CITY’s election, may demand the removal from the Premises, at AMTRAK’s sole cost and expense, of all Improvementsimprovements, fixtures, equipment and/or personal property, as specified in this paragraphthe notice provided for below. A demand to remove Improvements by take effect at the normal expiration of the Initial Term or Renewal Term term shall be deemed effective effected by notice given at any time within one month least thirty (30) days before the expiration date. A demand to remove Improvements upon take effect on any other termination of this Agreement Lease shall be deemed effective effectuated by notice given in, or concurrently with, with notice of such termination or within thirty ten (3010) days after such termination.
ii. Upon receipt b. In the event CITY does not demand the removal of a demand all of AMTRAK’s fixtures and personal property as stated in Subsection (a) above, then any fixtures or personal property not removed by the CITY to remove all Improvements, ▇▇▇▇▇▇ agrees to meet and confer with the CITY to reach an agreed upon schedule to restore the Premises to the condition it was in prior to this Agreement taking effect. To that end, a photographic record must be taken AMTRAK within thirty (30) days of the Premises on termination of this Lease shall be deemed to be abandoned by AMTRAK and without compensation to AMTRAK, shall become the Effective Date CITY’s property, free and clear of all claims to show the condition it was in at the time the PARTIES entered into this Agreementor against them by AMTRAK or any third party.
iii. If LESSEE c. Upon termination of this Lease, whether by expiration of the term or otherwise, all improvements not required to be removed by AMTRAK as hereinabove stated in Subsection (a) shall, without compensation to AMTRAK, remain CITY’s property, free and clear of all claims to or against them by AMTRAK or any third party.
d. In the event AMTRAK fails to remove any Improvements from the Premises upon receipt of a demand fixtures, equipment, or personal property as demanded by the CityCITY pursuant to Subsection (a), CITY after ten (10) days written notice to AMTRAK, and without waiving or releasing AMTRAK from any obligation of AMTRAK hereunder, may (but shall have not be required to) place such property in storage for the right to have such Improvements removed account of and at the expense of LESSEE. As to any or all Improvements that CITY does not exercise said option for removal, title thereto AMTRAK in which event the provisions of this Lease shall vest in CITY, without cost to CITY, and without any payment to LESSEEbe applicable.
Appears in 1 contract
Sources: Lease Agreement
Ownership of Improvements. a. During i. If any Structural Improvements are erected or installed by Tenant, they shall at once become part of the term of this Agreementrealty, LESSEE building, or land upon or within which they are erected and shall own all Improvements permitted by CITY constructed on immediately become the property of, and title thereto shall vest in Landlord, and shall be surrendered with the Premises until on expiration of the Initial or Renewal Term or sooner termination of this Agreement. LESSEE shall not remove any Improvements once constructed on the PremisesLease, expect as permitted except that if Landlord has in writing by CITY.
b. Upon given Tenant permission to construct such Structural Improvements only upon the condition that they be removed at the termination of this Agreement, all Improvements on the Premises shall, without compensation to ▇▇▇▇▇▇, become CITY’s property free and clear of any and all claims against them by ▇▇▇▇▇▇ Lease or any third party unless an Agreement is otherwise reached by extended Term hereof, then such “Conditional Structural Improvements” shall at the PARTIES and reduced to writing.
i. Upon termination or expiration of a term of this Agreement, CITY may, at CITY’s election, demand removal of all Improvements, as specified in this paragraph. A demand to remove Improvements by the normal expiration of the Initial Term or Renewal Term shall be deemed effective by notice given at any time within one month before the expiration date. A demand to remove Improvements upon any other termination of this Agreement shall be deemed effective by notice given inLease or any extended Term hereof, or concurrently with, notice of such termination or within and in no event later than thirty (30) days after such date of expiration or termination, be removed at Tenant’s sole expense and the Premises restored to its former condition.
ii. Upon receipt Notwithstanding any other provisions herein, the Landlord shall have the right, at any time, to require the immediate removal of a demand by any Structural Improvements installed without the CITY to remove all Improvements, ▇▇▇▇▇▇ agrees to meet and confer with the CITY to reach an agreed upon schedule to restore the Premises to the condition it was in prior to this Agreement taking effect. To that end, a photographic record must be taken consent of the Premises on the Effective Date to show the condition it was in at the time the PARTIES entered into this AgreementLandlord.
iii. If LESSEE fails the removal of any such installation or alterations damages any part or parts of the buildings, pavements, or other portion of the Premises, Tenant shall immediately repair such damage and restore said damaged part or parts of said building, pavements or Premises to remove any Improvements from the Premises upon receipt satisfaction of a demand by the CityLandlord’s City Engineer/Public Works Director, CITY which such approval shall have the right to have such Improvements removed at the expense of LESSEE. As to any or all Improvements that CITY does not exercise said option for removal, title thereto shall vest in CITY, without cost to CITY, and without any payment to LESSEEbe unreasonably withheld.
Appears in 1 contract
Sources: Lease Agreement
Ownership of Improvements. a.
A. [§501] Ownership During Term Title to the term of this Agreement, LESSEE Building Shell shall own all Improvements permitted by CITY remain with City. All improvements to real property constructed on the Premises until Site by Tenant as permitted or required by this Lease shall, during this Lease term, be and remain the property of Tenant, provided however, that Tenant shall have no right to waste, destroy, demolish or remove the improvements, and provided, further, that Tenant’s rights and powers with respect to the improvements are subject to the terms and limitations of this Lease.
B. [§502] Ownership at Termination
1. At the expiration of the Initial or Renewal Term or sooner termination of this Agreement. LESSEE shall not remove any Improvements once constructed on the PremisesLease term, expect as permitted in writing by CITY.
b. Upon termination of this Agreement, all Improvements on the Premises shall, without compensation to ▇▇▇▇▇▇, become CITY’s property free and clear of any and all claims against them by ▇▇▇▇▇▇ or any third party unless an Agreement is otherwise reached by the PARTIES and reduced to writing.
i. Upon termination or expiration of a term of this Agreement, CITY Landlord may, at CITYLandlord’s election, demand the removal from the Site, at Tenant’s sole cost and expense, of all Improvementsimprovements, fixtures, and/or furnishings that Tenant made to the Site, as specified in this paragraphthe notice provided for below. A demand to remove Improvements by take effect at the normal expiration of the Initial Term or Renewal Term term shall be deemed effective effected by notice given at any time within one month least thirty (30) days before the expiration date. A demand to remove Improvements upon take effect on any other termination of this Agreement Lease shall be deemed effective effectuated by notice given in, or concurrently with, with notice of such termination or within thirty ten (3010) days after such termination.
ii2. Any fixtures or furnishings not removed by Tenant within thirty (30) days of the termination of this Lease shall be deemed to be abandoned by Tenant and shall, without compensation to Tenant, then become the Landlord’s property, free and clear of all claims to or against them by Tenant or any third party.
3. Upon receipt termination of a demand this Lease, whether by expiration of the CITY term or otherwise, all improvements not required to remove be removed by Tenant as hereinabove provided shall, without compensation to Tenant, then remain Landlord’s property, free and clear of all Improvements, ▇▇▇▇▇▇ agrees claims to meet or against them by Tenant or any third party.
4. Tenant shall defend and confer with indemnify Landlord against all liability and loss arising from any such claims or from Landlord’s exercise of the CITY to reach an agreed upon schedule to restore the Premises rights conferred by this Section 502.
5. Notwithstanding any provision in this Lease to the condition it was contrary, in prior to this Agreement taking effect. To that end, a photographic record must be taken of the Premises on the Effective Date to show the condition it was in at the time the PARTIES entered into this Agreement.
iii. If LESSEE event Tenant fails to remove any Improvements property as demanded by Landlord, then Landlord after ten days written notice to Tenant, and without waiving or releasing Tenant from any obligation of Tenant hereunder, may (but shall not be required to) place such property in storage for the Premises upon receipt account of a demand by the City, CITY shall have the right to have such Improvements removed and at the expense of LESSEE. As to any or all Improvements that CITY does not exercise said option for removal, title thereto Tenant in which event the provisions of Section 1105 shall vest in CITY, without cost to CITY, and without any payment to LESSEEbe applicable.
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Sources: Lease Agreement