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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 />allocation thereof, so long as the aggregate available funding continues to be sufficient to pay for <br />Tenant's estimated remaining cost of constructing the Initial Improvements, provided that Tenant <br />shall promptly notify Lessor of any such change. <br />5.1.5. Compliance with Laws and Permits. Tenant shall cause all Improvements <br />made by Tenant to be constructed in substantial compliance with all applicable Laws, including all <br />applicable grading permits, building permits, and other permits and approvals issued by <br />governmental agencies and bodies having jurisdiction over the construction thereof. No permit, <br />approval, or consent given hereunder by County and/or Agency, in their governmental capacity, shall <br />affect or limit Tenant's obligations hereunder, nor shall any approvals or consents given by County <br />and/or Agency, as a Party to this Lease, be deemed approval as to compliance or conformance with <br />applicable governmental codes, laws, rules, or regulations. <br />5.1.6. Reports. Not less than monthly from the commencement of construction of <br />the Initial Improvements, Tenant shall provide Lessor with written construction status reports in the <br />form of AIA No. G702 ("Application and Certification for Payment") or comparable form, <br />augmented by oral reports if so requested by County or Agency. <br />5.1.7. Certificate of Occupancy. Tenant shall provide Lessor with a copy of the <br />Certificate of Occupancy promptly following issuance thereof The date of issuance of the <br />Certificate of Occupancy shall be the Commencement Date hereunder. <br />5.1.8. Insurance. Tenant (or the Contractor, as applicable) shall deliver to Lessor <br />both (i) certificates of insurance evidencing coverage for "builder's risk," as specified in Section 8.1, <br />and (ii) evidence of worker's compensation insurance, which provide the requisite insurance levels in <br />accordance with Article VHL for all persons employed in connection with the construction of any <br />Improvements upon the Premises and with respect to whom death or bodily injury claims could be <br />asserted against County and/or Agency or the Premises. Tenant shall (or shall cause Contractor to) <br />maintain, keep in force and pay all premiums required to maintain and keep in said insurance herein <br />at all times during which construction Work is in progress. <br />5.1.9. Mechanic's Liens. <br />(a) Payment of Liens. Tenant shall pay or cause to be paid the total cost and <br />expense of all "Work of Improvement," as that phrase is defined in the California Mechanics' Lien <br />law in effect and as amended from time to time. Tenant shall not suffer or permit to be enforced <br />against the Premises or Improvements or any portion thereof, any mechanics', materialmen's, <br />contractors' or subcontractors' liens arising from any work of improvement, however it may arise. <br />Tenant may, however, in good faith and at Tenant's sole cost and expense contest the validity of any <br />such asserted lien, claim, or demand, provided Tenant (or any contractor or subcontractor, as <br />applicable) has famished the release bond (if required by County, Agency or any construction lender) <br />required in California Civil Code section 8000 et seq. (or any comparable statute hereafter enacted <br />for providing a bond freeing the Premises from the effect of such lien claim). In the event a lien or <br />stop -notice is imposed upon the Premises as a result of such construction, repair, alteration, or <br />installation, and provided the lien is not the result of actions of, or work performed by, the Lessor, <br />Tenant shall either: <br />(1) Record a valid Release of Lien, or <br />Page 118 <br />
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