Affidavit of Publication - Port of Oakland

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as in said paragraph provided, and otherwise the first party shall not be liable to the second party for any dama g es that may be suffered by Said second party by. reason of any such injury or repair thereof. (10 - The second. party agrees not to sublet the whole or any part of said premises and not to assign or hypothecate this concession a greement or any interest herein sr out the written consent of the first party thereto first having been obtained. In the event of any breach of any one or more of the foregoing covenants against subletting, assignment end hypothecation, or at any. time durin g the continuation of any such breach, the first party may, at its option and without demand or notice of any kind. Whatsoever, re-enter and take possession of said premises and remove all persons therefrom. Should any other person than tlaa, second uaTty named herein secure possession of said premises or any pert thereof under any writ of attachment or execution, or An reason of any receivership, or proceedings in bankruptcy, or other operation of law in any manner whatsoever, the first An rty may, at its option and without demand or notice of any kind whatsoever, re-enter and take possession of said premises and remove all persons therefrom. (20) Should. any of the rent or concession char g e herein reserved be due and un p aid, or should the second party vacate or. abandon said premises, or should. the second party no in default in, any other term, covenant or condition of this agreement , the first party may, at its option and without demand or notice of any kind whatsoever, re-enter and take p ossession of said premi-' ses and remove all uersons therefrom. And should the first party elect to re-enter and take possession of said premises under any one or more of the conditions described in this agreement, the first party may, at its option, either terminate this agreement and recover from the second party all damages caused. by any breach hereof by- the second party, includin g all reasonable attorney t s fees, which the first party may be required to incur in recovering uassession of said premises and in collect . ing such damages, or said -first - p arty may re -let said premises or any -cart thereof and re grant this concession for all or any part of the remainder of said period, to a person or persons satisfactory to it and at such monthly rental or an.ncession. charge as the first party may with reasonable diligence be able to secure. Should such monthly rental or concession ch ar g e be less than that hereinbefore a g reed to be paid by the second party, the second party a grees to reimburse the first party for. all reasonable expenses which may be incurred by the first party in re-lettiirg said premises and/or regranting said concession and to pay said first party monthly in advance, on the first day of each month, the amount of any . such -monthly deficiency in said rent or concession charge. (21) No re-entry of said premises by the first party, as hereinbefore provided, shall be construed as an election on its part to terminate this agreement unless written notice to that
effect is delivered to the second party or mailed to said second party at its last known address; and all remedies herein expressly ?iven to the first party shell be.cumulativeto each O ther and. to any other imeL7al or equitable remedy which the first party miFht otherwise have in the event of a breach hereof by the second party, and the exercise of one right or remedy by the first p arty shall not in any wise impair its riht to any other remedy . until all obliqfltions herein imposed an the second party. have been fully . perfor,eed. In any action or proceeding which the first party may hc. required to prosecute to enforce its rins hereunder the second party a g rees to pay ail costs incurred by the first party, inclddinp reasonable attorney's fees. (221 The second party r.areas to p ay all charges for rubbish hauling, janitor service . , a.s errs and fuel used. by second party on said premises during the period hereof, and should any such charges remain due and unpaid for thirty (3 ,0) days, the first party may, at its option, p ay any such charges together with any penalties that may be added thereto, and any amount so paid by the first party shall become due and payable by the second party to the first party at the next regular rent day as so much additional rent. (25) Should the second party hold. over and continue in possession of seid. restaurant dremises after the end of the period of this conceasion, with the expressed or imp lied consent of the first party thereto, sack holdina: shall be construed as a continuation of said concession from month to month at the same charge or rental and upon the same terms and conditions as herein provided for the rig period hereof. 124) The materials used by the second party in maintaining and furnishin g said restaurant build fig, and the plans and styles thereof shall be La keepin architecturally . with the balance of' the buliding and satisfactory to the . first p arty, and the plans and specifications of any chain:zes shall be a p proved by tlae first party in writing. 1251 nil the services herein required to be berformed by the second party shell be at all times performed in a first class manner and to the entire satisfaction of the first party- as determined by its Board of 2oat Commissionere, and in the event the first party shall call the second party's attention to any dlssatisfactf.:n on its y ,rt an second p arty should thereafter fail t3 Hake correction within. a reasonable time, the first party shall hs q s, and is hereby miven the right to terminate this agreement by ivinp the second party thirty (S01 days written notice to that effect., whereupon at the end of such time this agree ment shall cease and be null and void. No waiver by the first party at any time of any of the terms, conditions, covenants or : ±-cements of this concession shall be deemed or taken as a waiver at any time thereafter of the same or any other term, condition, covenant or agreement herein contained, nor of the strict and prom p t performance thereof by the second•
Page 1 and 2: Absent: None Approved as to form an
Page 3 and 4: ORDINANCE NO. 2■1:1 AN OliDIN A;N
Page 5 and 6: PORT ORDINANCE NO. 43. AN JIRDlNA N
Page 7 and 8: Git y of Oakland Port of Oakland. A
Page 9 and 10: Affidavit of Publication IN THE MAT
Page 11 and 12: id therefor, all of which ter-is, c
Page 13 and 14: engage in any business or sell or d
Page 15: (15) The second party agrees to ind
Page 19 and 20: and shall pay all taxes, if any, le
Page 21 and 22: City of Oakland Affidavit of Public
Page 23 and 24: City of Oa 1 and Port_ _at _Oakland
Page 25 and 26: City o f Oakland Port of Oakland Af
Page 27 and 28: City of Oakland Affidavit of Public
Page 29 and 30: BOARD OF PORT COMMISSIONERS CITY OF
Page 33 and 34: LEGAL. NOTICE.. PORT. ORDINANCE NO.
Page 35 and 36: such acquisition. SECTION 3. In con
Page 37 and 38: warrant shall be delivered to the O
Page 41 and 42: 1). BOARD OF PORT COMMISSIONERS CIT
Page 45 and 46: SECTION 2. Unless otherwise specifi
Page 53 and 54: Approved as to form and legality: B
Page 55 and 56: Absent: Commissioner Capwell - 1. A
Page 63 and 64: the said 88th course southwestwardl
Page 65 and 66: other sides by the patent lines of
Page 67 and 68:
Together with all and singular the
Page 69 and 70:
Affidavit of Publication IN THE MAT
Page 71 and 72:
City of Oakland. Fort of Oakland. A
Page 74 and 75:
SBOTIOl.,T, 1, That • the to: of
Page 76 and 77:
BOARD OF PORT COMMISSIONERS CITY OF
Page 78 and 79:
LIO pull ATIT "Olt lit., .CIILLItq
Page 80 and 81:
SECTION 3. No person shall use the
Page 82 and 83:
Page 84 and 85:
Noes: None BOARD OF PORT COMMISSION
Page 86 and 87:
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Affidavit of Publication - Port of Oakland

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