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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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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.L1. Required Services and Uses. Tenant intends to use the Property pursuant <br />to the Project Description attached to this Agreement as Exhibit `B". During the pre -development <br />and construction timeframe, the use of the Property shall include special events planned by Tenant, <br />only upon prior approval by the City. After the completion of construction, the certificate of <br />occupancy issued by the City shall govern the allowable uses on the Property, which shall include <br />micro -farm and ancillary secondary uses. Any request by Tenant to change the Project or use of <br />the Property shall be subject to all applicable City review procedures and Approvals. <br />4.1.2. Ancillary Services and Uses. Subject to the prior written approval of <br />Lessor, which approval may be granted or withheld in the sole discretion of the Lessor, Tenant <br />may provide those additional services and uses which are ancillary to and compatible with the <br />required services and uses set forth in Section 4.1. L, above. <br />4.1.3. Restricted Use. The services and uses listed in this Section 4.1, both <br />required and optional, shall be the only services and uses permitted. Tenant agrees not to use the <br />Premises for any other purpose or engage in or permit any other activity within or from the <br />Premises unless approved in writing by the Lessor, which approval may be granted or withheld in <br />the sole discretion of the Lessor. <br />4.1.4. 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 <br />discontinue use of the Premises for any period of time except in the case of a Force Majeure Event <br />or as permitted in advance and in writing by the Lessor. <br />4.1.5. Alcohol Restrictions. The sale or service of alcoholic beverages on the <br />premises shall only be allowed if in compliance with all applicable federal, state, and City statutes, <br />regulations, rules and ordinances, including, but not limited to, appropriate approvals of the <br />California Department of Alcoholic Beverage Control and the Santa Ana Planning and Building <br />Agency.. <br />4.1.6. Permits and Licenses. Tenant shall be solely responsible to obtain, at its <br />sole cost and expense, any and all permits, licenses or other approvals required for the uses <br />permitted herein and shall maintain such permits, licenses or other approvals for the entire Term. <br />4.2 Nuisance; Waste. Tenant shall not maintain, commit, or permit the maintenance or <br />commission of any nuisance as now or hereafter defined by any statutory or decisional law <br />applicable to the Premises and Improvements or any part thereof. Tenant shall not commit or <br />allow to be committed any waste in or upon the Premises or Improvements and shall keep the <br />Premises and the Improvements thereon in good condition, repair and appearance. <br />Page 19 <br />75A-56 <br />
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