§ 6-279. Forfeiture.  


Latest version.
  • After the delay provided in section 6-273, without the lessee having paid the amounts due and owing, or the neglect, failure or refusal by the lessee to comply with any other terms or conditions of the lease agreement, the council may declare the lease agreement forfeited forthwith; and, upon any such forfeiture, the leasee shall restore the leased premises to the same or as good condition, to the satisfaction of the council, as the same were at the time of the first occupancy thereof by the lessee. Additionally, the lessee, except as provided in the lease agreement, shall be responsible to remove without cost to the council and within such time as may be prescribed in the declaration of such forfeiture, any and all works, structures, facilities, fixtures or other improvements erected or maintained upon the leased premises by the lessee as designated by the council; provided, however, that, in the event of forfeiture of the lease agreement for the nonpayment of rent, or other fees and charges, the council shall have the right to enter upon the leased premises and take possession of all or any part of the works, structures, facilities or other improvements as may be specified in the declaration of such forfeiture, erected, installed or maintained upon the leased premises by the lessee; provided, further, that nothing herein contained shall prevent the council from surrendering to the lessee any such works, structures, facilities or other improvements so held upon the payment by lessee to the council of any such rent and other fees and charges then due and unpaid. Written notice of such forfeiture shall be served upon the lessee by hand delivery with certified receipt or by certified or registered mail, postage prepaid, return receipt requested, at the address of the lessee stipulated in the lease agreement or as otherwise subsequently provided to the council, and upon such service being made such forfeiture shall thereupon be forthwith effected. The provisions of this section are subject to, and are not a waiver of, all rights that the council has under law regarding its acquisition of ownership of things incorporated into the leased premises and things that have become component parts of the leased premises.

(Ord. No. 598, § 1, 3-27-85)