A tenant shall not assign the existing lease in El Mercado and the business conducted
on the leased premises or any interest therein without first obtaining the written
consent of the city, which consent shall not be unreasonably withheld, and which consent
will be evidenced by the passage of a city ordinance, based upon recommendation by
the city staff and the Market Square commission, giving due consideration to the tenant
mix and product mix as affected by such assignment. However, where the tenant is a
sole proprietorship and the tenant dies, the surviving spouse or the tenant's heir
or a testamentary beneficiary of the tenant or a representative of the tenant's estate
designated by a court of competent jurisdiction may operate the establishment until
the end of the term of the lease then in effect, and subject to city council approval.
