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75A - AGMT FOR 99 YEAR LEASE AT 1901 W WALNUT
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75A - AGMT FOR 99 YEAR LEASE AT 1901 W WALNUT
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Last modified
2/27/2020 1:32:46 PM
Creation date
2/27/2020 1:17:59 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Community Development
Item #
75A
Date
3/3/2020
Destruction Year
2025
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2.2 Term. The "Term" of this Lease shall commence on the Effective Date of this Lease, <br />and shall expire at 12:00 midnight Pacific Standard Time on the 99a' anniversary of the Effective <br />Date, unless sooner terminated as a result of Tenant's non-compliance with any terms, conditions, <br />covenants, restrictions or reservations of this Lease. <br />2.3 Termination at End of Term. This Lease shall terminate without need of further <br />actions of any Party at 12:00 midnight Pacific Standard Time on the last day of the Term. <br />2.4 Condition of the Premises. TENANT HEREBY ACCEPTS THE PREMISES "AS <br />IS", AND ACKNOWLEDGES THAT THE PREMISES IS IN SATISFACTORY <br />CONDITION. LESSOR MAKES NO WARRANTY, IMPLIED OR OTHERWISE, AS TO <br />THE SUITABILITY OF THE PREMISES FOR TENANT'S PROPOSED USES. LESSOR <br />MAKE NO COVENANTS OR WARRANTIES, IMPLIED OR OTHERWISE, <br />RESPECTING THE CONDITION OF THE SOIL, SUBSOIL, OR ANY OTHER <br />CONDITIONS OF THE PREMISES OR THE PRESENCE OF HAZARDOUS <br />MATERIALS, NOR DOES LESSOR COVENANT OR WARRANT, IMPLIED OR <br />OTHERWISE, AS TO THE SUITABILITY OF THE PREMISES FOR THE PROPOSED <br />DEVELOPMENT, CONSTRUCTION OR USE BY TENANT. LESSOR SHALL NOT BE <br />RESPONSIBLE FOR ANY LAND SUBSIDENCE, SLIPPAGE, SOIL INSTABILITY OR <br />DAMAGE RESULTING THEREFROM. LESSOR SHALL NOT BE REQUIRED OR <br />OBLIGATED TO MAKE ANY CHANGES, ALTERATIONS, ADDITIONS, <br />IMPROVEMENTS OR REPAIRS TO THE PREMISES. TENANT SHALL RELY ON ITS <br />OWN INSPECTION AS TO THE SUITABILITY OF THE PREMISES FOR THE <br />INTENDED USE. <br />TENANT INITIALS: <br />2.5 Limitations of the Leasehold. This Lease and the rights and privileges granted Tenant <br />in and to the Premises are subject to all covenants, conditions, restrictions, and exceptions of record <br />as of the date hereof or otherwise disclosed to Tenant prior to the date hereof. Nothing contained <br />in this Lease or in any document related hereto shall be construed to imply the conveyance to <br />Tenant of rights in the Premises which exceed those owned by Lessor, or any representation or <br />warranty, either express or implied, relating to the nature or condition of the Premises or Lessor's <br />interest therein. <br />2.6 Tenant's Investigation. Tenant acknowledges that it is solely responsible for <br />investigating the Premises to determine the suitability thereof for the uses contemplated by Tenant. <br />Tenant further acknowledges by executing this Lease that it has completed its investigation and <br />has made such determinations as Tenant believes may be required under the circumstances. <br />2.7 Option to Purchase. Lessor grants Tenant the exclusive right to an option to purchase <br />("Option") the Property herein, for a gross sales price equal to a negotiated fair market value, based <br />on an appraisal to be conducted by the Lessor, throughout the term of this lease, or if the lease is <br />earlier terminated, at that time. Tenant shall notify Lessor in writing, prior to the termination date <br />of the Lease Agreement, of Tenant's intent to exercise the Option. When exercising the Option, <br />Tenant shall also deposit with Lessor the sum of $5,000 as a deposit towards the appraisal, escrow <br />Page 17 <br />75A-54 <br />
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