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80A - JOINT WORK CENTER MOU
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80A - JOINT WORK CENTER MOU
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Last modified
4/28/2022 11:33:23 AM
Creation date
5/2/2019 6:11:42 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Community Development
Item #
80A
Date
5/7/2019
Destruction Year
2024
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EXHIBIT 1A <br />SECTION 3 <br />CONSTRUCTION' DELIVERY OF PRENIJEC�t1B,BSTAN'('[p,l; COMPLETION PUNCH LIST ITCMS <br />3.1 Permits Landlord will cause Landlord's Architect and the Engineers to submit the Approved Working Drawings to the <br />appropriate governments] entities and otherwise apply for all applicable building and other permits and approvals (collectively, "permits") (Irany) <br />necessary or required (in Landlord's good faith discretion) for the Contractor, to commence, perform and fully complete the couslructlon of the <br />Tenant improvements. Neither Landlord nor any Landlord Party shall have any obligedon or liability to Tenant if any permit (including, without <br />dailuddon, any building permit, cart! (I011ie Oro ccupancy, or equivalent) is not timely or otherwise Issued, <br />3.2 Lnndlor)1'WgctectlonHilo llclendnnoftheconhactut. <br />3.2.1 Landlord shall submit the Construction Drawings for the Premises on a Bxed contract amount (or OMAX) basis to a <br />general contractor selected by Landlord (the 4COntrartar" ), which Contractor shell be independently retained by Landlord (pursuant to such <br />construction contract form as Landlord shall In good faith determine) to construct the Tenant Improvements in accordance with the Ccllslm❑lion <br />Drawings. Landlord reserves the right to designate lire subcontractor or subcontractors to perform particular trades (or components oF) the Tenant <br />Improvements such as fire/life safety, FIVAC, structural and electrical work. <br />3.2,2 Landlord reserves the absolute right, without the need for consultation with or ilia consent of Tenant, to lenninate the <br />Contractor for nonperformance (as determined in good faith by Landlord) and in such case Landlord may aelect another general contractor to <br />complete the Tenant Improvements, Notwithstanding any provision of this Work Letter to the contrary, Tenant hereby wolves all claims against <br />Landlord, and Landlord shall have no responsibility or liability to Tenant, on account of any nonperformance or arty misconduct of any Contractor <br />(or any subcontractor thereof) for any reason. <br />3.2.3 If the Tenant improvements shall constitute "public works: pursuant to Labor Code 91720.2, the following shall apply: <br />(a) Landlord shall require the Contractor to comply with (and to cause its subcontractors to comply with) <br />prevailing wage requirements and be subject to restrictions and penalties in accordance with §1770 et seq. of the Labor Code which requires <br />prevailing wages be paid to appropriate work classifications in all bid specifications and subcontracts, <br />(b) Landlord shall require tie Contractor to Alrnish all subcontractors/employees a copy of the Department or <br />Industrial Relations prevailing wage rates which Lessor will post at the Job site. For further information on prevailing wage: <br />but):hnvivdlrcnaov/dIs/statistics roseavchhtnhl <br />(a) Landlord shall require the Contractor to comply with (and to cause Its subcontractors to comply with) the <br />payroll record keeping and availability requirement of§1776 of the Labor Code, <br />(d) Landlord short require the Contractor to (and to cause its subcontractors to Lessor/cmhtraclor to) make travel <br />and subsistence payments to workers needed for performance orwork in accordance with the Labor Code. <br />(a) Prior to commencement of work, Landlord shall require tine Contractor to contact the Division of <br />Apprenticeship Standards and comply with § 1777.3, § 1777,6, and § 17773 of the Labor Code and Applicable Regulations, <br />3.3 Delivery or praillisesi Substantial Com hlcliun Punch 1 list Items. <br />3.3,1 DeNYM of Premises. Landlord shall deliver ilia Premises to 'tenant upon Substantial Completion of tine 'fennut <br />improvements. Subject to Landlord's obligations under this Work Letter (including Landlord's obligation to perform (or cause to be perfonnod) the <br />Landlord's Work and to construct (or cause to be constructed) die Tenant Improvements in accordance with the Construction Drawings) and to all of <br />Landlord's other express obligations under the Lease (including, under Sactloy 9 of the Lease), Landlord shall have no duty or obligation to <br />Improve, or pay for any imprnvenioni for, the Premises or any portion thereof and Tenant shall accept the Santa in Its Tenant shall accept the <br />Premises in its•,then existing condition on the Delivery Date, "AS -IS", "WITH ALL FAULTS", <br />3.3.2 ulrstantinl Completion. For purposes ortrls Lease, "Substantial Completion" shall occur upon (and the promises <br />shall be';Substaruidly Complule" upmi) the substantial completion orconstructioit of Ito Tenant IinprovemenLs pursuant to the Approved Working <br />Drmviugs, as evidenced by a "signotP' an the building permit card by an Inspector of the applicable governmental authority (typically the city In <br />which the Building is located), with to exceptun of any Punch List Items (defined below) and any tenant fixtures, work -stations, built-in furniture, <br />orequlpment to be installed by Teuanl or under the supervision al'Contractor. <br />3.13 hilleb List Items. Ailer the Substantial Completion by Landlord of the Tenant Improvements. repmsenatives of <br />Landlord, Temilt Slid Lira Contractor shut[ completely inspect the Prcudses and complete n list (die "Pouch List') or all Punch List Items (dadned <br />below). Authorized representatives ol'L.andlord. Tcnag and ilia Contr cior shall emouto said Poach List to Indicate their approval theteor. Landlord <br />shall unuse the Contractor to coniplee all Punch List Items described on the Punch List as soon a't reasonably possible following tie epprovol ofsuch <br />Puncli List. As listed huein: "ranch List Ilene" moms all items of construeflun which entail one or more details of construction. decoration, <br />mechanical adjustment or installation that tin nor mntcrindy and ndversely effort the use and occupancy of tiny portion orthe Premises hlr the oral <br />Conduct ofTenow's business. <br />ON IV Ch�rr Canner Or-C7profS7ahr aim f.vuvc 3 <br />Iixhihit C <br />80A-63 <br />
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