R-067-23 Approve Second Amendment to Drews Substation Lease Agreement Between the City of Colton and Colton Power LLC and Amending the Fiscal Year 2022/2023 Revenue Budget

Browse Search

confloont al John Surke Scotiabank Dec 23,2015 14:45 by law. Acceptance of such late charge by City shall in no event constitute a waiver of Lessee's `► default with respect to such overdue amount and shall not prevent City from exercising any of the other rights and remedies granted hereunder. 3.9 Termination. 3.9.1 Termination By City Or Lessee. This Agreement may be terminated at any time by Lessee for any or no reason upon thirty (30) days prior written notice. Notice is to be deemed given upon the mailing thereof, postage prepaid, to the recipient at his address set forth below. • 3.9.2 Termination By City For Cause. Violation of any term,covenant, condition or provision contained herein shall be cause for termination of this Agreement by City, unless a remedy plan is prepared by Lessee and approved by the City within thirty (30) days after City's written notification. City approval of the remedial plan shall not be unreasonably withheld. Upon implementation of the remedial plan,City and Lessee shall assess effectiveness of the remediation and amend the plan as necessary.If the City determines the remedial plan to be ineffective according to the terms and conditions of the remedial plan, then the Parties shall proceed with Dispute Resolution in accordance with Section 3.9.5.Termination for cause is subject to dispute resolution per Section 3.9.5. As long as Lessee is diligently pursuing a cure,the Lease cannot be terminated. • 3.9.3 Removal of Improvements. All structures and/or other improvements placed • on the Premises by Lessee shall be the personal property of Lessee and shall be removed by Lessee from Premises,at Lessee's sole cost,expense and liability,on or before the expiration, cancellation or early termination of the Term. City may keep, or dispose of, at Lessee's expense, any real or personal property not so removed. In the event of termination by either party,improvements shall be removed within one hundred eighty(180)days of the date of written notice of termination. City shall be the sole owner of improvements remaining on the Premises after said one hundred eighty (180) days. 3.9.4 Vacating the City Property. At the expiration of the Term or Renewal Term, or at any sooner termination of this Agreement,Lessee shall quit and surrender possession of the City Property and its appurtenances to City in as good order and condition as the City Property was delivered to Lessee, reasonable wear and tear and damage excepted. Lessee agrees to pay any cleanup costs incurred by the' City to return the Premises to the conditions existing on the Commencement Date of this Agreement,reasonable and normal wear and tear excepted. 3.9.5 " Dispute Resolution: All claims,disputes or controversies arising out of,or in relation to the interpretations,application or enforcement of this Agreement,which cannot be first settled through direct discussions, shall be submitted to mediation under the Commercial Mediation Rules of the American Arbitration Association. City and Lessee agree to share the costs for such -mediation services on an equal basis. Nothing contained in this paragraph shall preclude the parties to this Agreement from pursuing other means of dispute resolution either concurrently or subsequent • • ' City of Colton Lease Agreement Execution Copy Page 4 conidentlal John Burke - S°uotiel a7k Dec 23,2015 14:45