Resolution 6648 - Laserfiche WebLink

Home Browse Search

recover court costs and reasonable attorneys' fees. Upon appeal, the prevailing parry shall be entitled to recovery of court costs and reasonable attorneys' fees incurred as a result of such appeal. 21. Termination and Default. In addition to any other remedy available to Medtronic, Medtronic may terminate this Amended and Restated Lease if Lessee breaches any promise, covenant, or obligation set forth in this Amended and Restated Lease. Medtronic shall provide Lessee with wntten notice of the intent to terminate and Lessee shall have 30 days to cure any default. Except as expressly limited hereby, Medtronic and Lessee shall each have such remedies for default of the other party hereto as may be provided at law or equity allowing written notice of such default and failure to cure within 30 days. 22. Quiet Enjoyment. Lessee, upon paying the rent, shall peaceably and quietly have, hold and enjoy the Property subject to all pre-existing uses of the Property including operation of a golf course. Consistent with all pre-existing uses, Medtronic shall not cause or permit any use of the Property which interferes with or impairs the integrity or highway visibility of the Billboard structure. However, Medtronic shall have no liability arising out of use of the Property or any damage to the Billboard or other damage to Lessee in relation to Medtronic's use. 23. General Conditions. Lease of the Property is subject to all applicable property use restrictions, zoning requirements and approvals and other applicable governmental or regulatory approvals, permits, and conditions, including specifically local approvals, including, but not limited to, maintaining an interim use permit for the Billboard. 24. Cancellation. In the event lease of the Property for operation of Billboard or Lessee's use, operation, maintenance or repair of the Billboard on the Property is prevented by any law, regulation or governmental order, decree, or action taken by a governmental unit other than the City, either party may cancel this Amended and Restated Lease on ninety (90) days written notice to the other with no further obligation or liability. In no event shall Medtronic be liable to Lessee for any damages in relation to cancellation in accordance with this paragraph. 25. Memorandum of Lease. The parties to this Amended and Restated Lease Agreement agree to execute and record a Memorandum of Lease. The Memorandum of Lease shall describe the parties, the Property and the term of the Amended and Restated Lease and shall incorporate this Amended and Restated Lease by reference. 26. Counterparts. This Amended and Restated Agreement may. be executed in several counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Remainder of page left intentionally blank. Signature page to follow) • SJR-269112v3 MU20S-30 A-5