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20B - AGMT LEASE SARTC PGH WONG
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20B - AGMT LEASE SARTC PGH WONG
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Last modified
12/13/2018 8:30:47 PM
Creation date
12/13/2018 8:26:54 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Public Works
Item #
20B
Date
12/18/2018
Destruction Year
2023
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actual taking or appropriation to give Tenant written notice thereof, providing to Tenant full <br />details of such taking or appropriation, including, without limitation copies of all condemnation <br />plans or surveys submitted by the condemning authority, a statement of the nature of the project <br />to be conducted by the condemning authority, and such other information as might be necessary <br />to enable Tenant to determine its future course of conduct. TENANT ACKNOWLEDGE, S <br />THAT LANDLORD'S EXERCISE OF ITS RIGHT TO TERMINATE THIS LEASE <br />UNDER ANY OF THE PROVISIONS OF THIS LEASE SMALL NOT ENTITLE <br />TENANT TO ANY RIGHTS OR CLAIMS FOR RELOCATION BENEFITS OR ANY <br />OTHER CLAIMS RELATED TO CONDEMNATION OR INVERSE CONDEMNATION. <br />(b) If this Lease shall be terminated and canceled as a result of any taking or <br />appropriation, Tenant shall be released from any further liability and Rent and other sums for the <br />last month of Tenant's occupancy shall be prorated and Landlord shall immediately refund to <br />Tenant any sums paid in advance. <br />(c) Tenant reserves unto itself the right to prosecute Tenant's claim for an <br />award for damages for the termination of this Lease caused by such appropriation or taking, <br />together with damages based on the value of Tenant's improvements and Tenant's fixtures and <br />other personal property erected or installed on the Premises and damages Tenant may sustain to <br />the interest in the business operated by Tenant on the Premises, including, but not limited to, <br />goodwill, patronage, and the removal, relocation, and replacement costs and expenses caused by <br />such appropriation or taking, and Tenant may file such claims as are permitted by law for the <br />loss of its leasehold interest, business dislocation damages, moving expense, or other damages <br />caused by such taking or appropriation. Tenant's right to receive compensation or damages for <br />its fixtures or its personal property shall not be affected in any manner by this Lease. <br />20. LIENS: Tenant shall promptly remove and discharge, at its cost and expense, all <br />mechanic's liens, or other liens, for labor performed or materials furnished with respect to the <br />Premises by or for Tenant. <br />21. PARKING AREA: All those portions of the SARTC which are not presently occupied <br />by buildings and which are designated parking spaces shall be available for use by Tenant and <br />Tenant's agents, employees, customers and invitees for parking and access to the public streets <br />and highways (the "Parking Area"). Tenant further acknowledges that Landlord has entered into <br />an agreement with the Orange County Transportation Authority for the operations of the OC <br />Streetcar at SARTC, which is anticipated to begin construction in 2021. Such operations may <br />affect the number of parking spaces available at any one time, though it is not possible to <br />determine the precise effect at the time of this Lease. Surface Parking Lots 1 and 2 allow up to <br />72 -hour parking. Landlord will provide parking passes to identify all Tenant vehicles parked at <br />SARTC at no cost to Tenant. If the parking structure at SARTC is full, Tenant and Tenant's <br />agents, employees, customers and invitees must use the surface lots at SARTC. <br />22. TENANT'S DEFAULT: (a) If Tenant shall default in payment of Rent, when due, <br />Landlord shall forward written notice, pursuant to Section 24, of such default to Tenant, and the <br />20B-10 <br />
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