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25E - AGMT WESTEND SUBSTATION OFFICE LEASE
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09/04/2018
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25E - AGMT WESTEND SUBSTATION OFFICE LEASE
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8/30/2018 7:40:49 PM
Creation date
8/30/2018 7:26:18 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Police
Item #
25E
Date
9/4/2018
Destruction Year
2023
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M Surrender; Restoration. Lessee shall surrender the Premises by the Expiration Date or any earlier termination date, <br />with all of the improvements, parts and surfaces thereof broom clean and free of debris, and in good operating order, condition and state <br />of repair, ordinary wear and tear excepted. "Ordinary wear and tear" shall not include any damage or deterioration that would have been <br />prevented by good maintenance practice. Notwithstanding- the foregoing, if this Lease is lar 12 months or less, then Lessee shall <br />surrender the Premises in the same condition as delivered to Lessee on the Start Date with NO allowance for ordinary wear and tear. <br />Lessee shall repair any damage occasioned by the installation, maintenance or removal of Trade Fixtures, Lessee Owned Alterations <br />and/or Utility Installations, furnishings, and equipment as well as the removal of any storage tank installed by or for Lessee. Lessee shall <br />also completely remove tram the Premises any and all Hazardous Substances brought onto the Premises by or for Lessee. or any third <br />party (except Hazardous Substances w hich were deposited via underground migration from areas outside of the Premises). even it such <br />removal mould require Lessee to perform or pay for work that exceeds statutory requirements. Trade FlxtnrC.i shall remain the propeny <br />of Lessee and shall tic removed by Lessee. Any personal property or Lessee not reproved on or before the Expiration Date or any earlier <br />termination date shall be deemed to have been abandoned byLessee and may be disposed of or retained by Lessor as Lessor may desire. <br />'I he failure by Lessee to timely vacate the Premises pursuant to this Paragraph 7.4(c) without the express written consent or Lessor shall <br />constitute it holdover under the provisions of 26 below. <br />8. Insurance; Indemnity. <br />8.1 Payment of Premiums. The cost of the premiums for the insurance policies required to be carried by Lessor, pursuant <br />to Paragraphs 8.2(b), 8.3(a) and 8.3(b), shall be a Common Area Operating Expense. Premiums far paliey pedadseam eneirrg-prier <br />te; er rtaend+ne-ireyand.-4111 lean of this Lease shall {re prarated to eaircide With the earrespendirw &art sate of C piratiaa Date: Or <br />evidence or self insured retention in the same amount. <br />8.2 Liability Insurance. <br />(a) Carried by Lessee. Lessee shall obtain and keep in force a Commercial General Liability policy of <br />insurance protecting Lessee and Lessor as an additional insured against claims for bodily injury, personal injury and property damage <br />based upon or arising out of the ownership, use, occupancy or maintenance of the Premises and all areas appurtenant thereto. Such <br />insurance shall be on an occurrence basis providing single limit coverage in an amount not less than $1,000,000 per occurrence with an <br />annual aggregate ornot less than $2,000,000. Lessee shall add Lessor as an additional insured by means of an endorsement at leasl.as <br />broad as the Insurance Service Organization's "Additional Insured -Managers or Lessors or Premises" Endorsement. The policy shall not <br />contain any intra -insured exclusions as between insured persons or organizations, but shall include coverage for liability assumed under <br />this Lease as an "insured contract" for the performance of Lessee's indemnity obligations under this Lease. The limits of said insurance <br />shall not limit the liability of Lessee nor relieve Lessee of any obligation hereunder. Lessee shall provide an endorsement on its liability <br />policy(ies) which provides that its insurance shall be primary to and not contributory with any similar insurance carried by Lessor, whose <br />insurance shall be considered excess insurance only. <br />(b) Carried by Lessor. Lessor shall maintain liability insurance as described in Paragraph 8.2(a), in <br />addition to, and not in lieu or, the insurance required to be maintained by Lessee. Lessee shall not be named as an additional insured <br />therein. <br />8.3 Property Insurance • Building, Improvements and Rental Value. <br />(a) Building and Improvements. Lessor shall obtain and keep in force a policy or policies of <br />insurance in the name of Lessor, with loss payable to Lessor, any ground -lessor, and to any Lender insuring loss or damage to the <br />Premises. The amount of such insurance shall be equal to the full insurable replacement cost of the Premises, as the same shall exist <br />from time to time, or the amount required by any Lender, but in no event more than the commercially reasonable and available insurable <br />value thereof. Lessee Owned Alterations and Utility Installations, Trade Fixtures, and Lessee's personal property shall be insured by <br />Lessee not by Lessor. If the coverage is available and commercially appropriate, such policy or policies shall insure against all risks of <br />direct physical loss or damage (except the perils of Flood and/or earthquake unless required by a Lender), including coverage for debris <br />removal and the enforcement or any Applicable Requirements requiring the upgrading, demolition, reconstruction or replacement of <br />any portion of the Premises as the result of a covered loss. Said policy or policies shall also contain an agreed valuation provision in lieu <br />of any coinsurance clause, waiver of subrogation, and inflation guard protection causing an increase in the annual property insurance <br />coverage amount by a factor of not less than the adjusted U.S. Department of Labor Consumer Price Index for All Urban Consumers <br />for the city nearest to where the Premises are located. <br />(b) Rental Value. Lessor shall also obtain and keep in force a policy or policies in the name of Lessor <br />with loss payable to Lessor and any Lender, insuring the loss of the full Rent for one year with an extended period of indemnity for an <br />additional 180 days ("Rental Value Insurance"). Said insurance shall contain an agreed valuation provision in lieu of any coinsurance <br />clause, and the amount of coverage shall be adjusted annually to reflect the projected Rent otherwise payable by Lessee, for the next 12 <br />month period. <br />(c) Adjacent Premises. Lessee shall pay for any increase in the premiums for the property insurance <br />of the Building and for the Common Areas or other buildings in the Shopping Center if said increase is caused by Lessee's acts, <br />omissions, ase er-eeeu paner4ithe-Premises. <br />to <br />25E-12 <br />
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