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80A - PH AGMT WITH COUNTY OF ORANGE 65 YR GROUND LEASE
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80A - PH AGMT WITH COUNTY OF ORANGE 65 YR GROUND LEASE
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Last modified
2/13/2020 5:09:20 PM
Creation date
2/13/2020 4:59:39 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Community Development
Item #
80A
Date
2/18/2020
Destruction Year
2025
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i0a:11-111 a <br />ARTICLE IV <br />USE OF PREMISES <br />4.1 Permitted Use of Premises. Tenant may use the Premises for the construction, <br />development, entitlement, operation, maintenance, replacement and repair of the Improvements as <br />follows: <br />4.1.1. Required Services and Uses. Lessor's primary purpose for entering into this <br />Lease is to promote the development of the Improvements consistent with this Lease. In furtherance <br />of that purpose, Tenant shall construct and during the entire Term operate, maintain, replace and <br />repair the Improvements in a manner consistent with the Laws and for the following uses: <br />(a) multifamily affordable housing, and appurtenant improvements, <br />including, without limitation, parking, <br />(b) permanent supportive housing units and related services, and <br />(c) related commercial and community -serving uses, as approved by the <br />Lessor. <br />4.1.2. Ancillary Services and Uses. Subject to the prior written approval of Lessor, <br />which approval may be granted or withheld in the sole discretion of the Lessor, Tenant may provide <br />those additional services and uses which are ancillary to and compatible with the required services <br />and uses set forth in Section 4.1. L, above. <br />4.1.3. Additional Concessions or Services. Tenant may establish, maintain, and <br />operate such other additional facilities, concessions, and services as Tenant and Lessor may jointly <br />from time to time reasonably determine to be reasonably necessary for the use of the Premises and <br />which are otherwise permitted by Law for the sole purpose to provide affordable housing and/or <br />emergency shelter. <br />4.1.4. Restricted Use. The services and uses listed in this Section 4.1, both required <br />and optional, shall be the only services and uses permitted. Tenant agrees not to use the Premises for <br />any other purpose or engage in or permit any other activity within or from the Premises unless <br />approved in writing by the Lessor, which approval may be granted or withheld in the sole discretion <br />of the Lessor. <br />4.1.5. Continuous Use. During the Term, Tenant shall continuously conduct <br />Tenant's business in the Premises in the manner provided under this Lease and shall not discontinue <br />use of the Premises for any period of time except in the case of a Force Majeure Event or as <br />permitted in advance and in writing by the Lessor. <br />4.1.6. Alcohol Restrictions. Tenant shall not permit the sale or service of alcoholic <br />beverages on the Premises. <br />4.1.7. Permits and Licenses. Tenant shall be solely responsible to obtain, at its sole <br />cost and expense, any and all permits, licenses or other approvals required for the uses permitted <br />herein and shall maintain such permits, licenses or other approvals for the entire Term. <br />Page 114 <br />
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