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T ~. . ~ <br />s. _ , - • _ <br />~ ' r <br />20. This lease may be terminated by State, when the Qremises are needed for <br />any public use, upon State's giving 90 days' written notice to C,ity. In the <br />event of such termination by State for public use, ard for no other termination, <br />State shall pay City, subject to adequate offsets for any failure of City to <br />comply with any pr~visions of this lease, that portion of the cost to City of the <br />improvements made an~i work performed on said premises which bPars the same pro- <br />portion of the total cost of said work and improvements as the portion of the <br />twenty-five (25) year leasing period remaining after such termination bears to <br />the whole twenty-five (25) year period. StatP si-all not be obligated to pay <br />City, however, for any improvements made or work performed by City unless State <br />has approved the particular improvements as made, and work performed, and unless <br />City has furnished State an itemized statement of City's costs of making such im- <br />provements and performing such work. <br />21. In the event of termination, regardless of how effected, including <br />expiration and including termination for failure to comply with any provision of <br />this lease, City shall, by date of said termination, peac2ably and quietly leave, <br />vacate complPtely and surrender the premises, including those improvements and <br />fixtures placed or made thereon by City that belong to State, in good, clean and <br />sightly conditiori, reasonable use and wear, and damage by earthquake, fire, public <br />calamity, thE elements, acts of God, or other circumstances over which City has <br />no control, excepted. Any signs, notices and other appurtenances not specified <br />herein as belonging to State shall be removed by City. If any such signs or <br />other appurtenances, or property not belonging to State, are not removed from the <br />premises and the premises completely vacated b.y said termination date, and if the <br />premises are not restored to a clean and sightly condition, by said date, State <br />may proceed to remove the same and restore the premises, and City shall pay <br />State, upon demand, the reasonable cost to State of such removal and restoration. <br />22. TIME is of the essence of every provision of this lease. Failure of <br />State to object to the violation of any provision of this lease shall not be <br />deemed a waiver by State of a subsequent similar breach or of State's right to <br />demand strict performance by City of the provisions hereof. <br />23. Notwithstanding anything herein contained to the contrary, this lease <br />may be terminated or any provision of this lease may be changed, by mutual con- <br />sent of the parties hereto. <br />24. The provisions of this lease and all obligations and rights under this <br />lease shall extend to and bind the approved successor or assignee of City and any <br />assignee or legal successor of State. <br />25. Any building constructed or placed on the premises shall be of fireproof <br />construction, as required by Federal Highway Administration's Policy and Procedure <br />Memorandum 80-10.1 and 80-10.2. <br />26. Notwithstanding any provision herein to the contrary, City shall comply <br />with all the standards and requirements of Federal Highway Administration's <br />Policy and Procedure Memorandum 80-I0.2, which shall, in ~ase of conflict with any <br />provision of this lease, be deemed minimum standards and requirements. This <br />-8- <br />