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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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Tenant or irrevocably committed to be paid to Tenant for the purpose of constructing the Initial <br />Improvements, or (iii) any combination of the foregoing. Tenant may from time to time change <br />any of the foregoing funding sources and the allocation thereof, so long as the aggregate available <br />funding continues to be sufficient to pay for Tenant's estimated remaining cost of constructing the <br />Initial Improvements, provided that Tenant 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 <br />all 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 Lessor, in its governmental capacity, shall affect or limit <br />Tenant's obligations hereunder, nor shall any approvals or consents given by Lessor, as a Party to <br />this Lease, be deemed approval as to compliance or conformance with applicable governmental <br />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 <br />the form of AIA No. G702 ("Application and Certification for Payment") or comparable form, <br />augmented by oral reports if so requested by Lessor. <br />5.1.7. Certificate of Occupancy. Tenant shall provide Lessor with a copy of the <br />Certificate of Occupancy promptly following issuance thereof. <br />5.1.8. Insurance. Tenant shall deliver to Lessor both (i) certificates of insurance <br />evidencing required coverage as specified in Section 8.1, and (ii) evidence of worker's <br />compensation insurance, which provide the requisite insurance levels in accordance with Article <br />VIII, for all persons employed in connection with the construction of any Improvements upon the <br />Premises and with respect to whom death or bodily injury claims could be asserted against Lessor <br />or the Premises. Tenant shall (or shall cause Contractor to) maintain, keep in force and pay all <br />premiums required to maintain and keep in said insurance herein at all times during which <br />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 <br />and expense of all "Work of Improvement," as that phrase is defined in the California Mechanics' <br />Lien law in effect and as amended from time to time. Tenant shall not suffer or permit to be <br />enforced against the Premises or Improvements or any portion thereof, any mechanics', <br />materialmen's, contractors' or subcontractors' liens arising from any work of improvement, <br />however it may arise. Tenant may, however, in good faith and at Tenant's sole cost and expense <br />contest the validity of any such asserted lien, claim, or demand, provided Tenant (or any contractor <br />or subcontractor, as applicable) has furnished the release bond (if required by Lessor or any <br />construction lender) required in California Civil Code section 8000 et seq. (or any comparable <br />statute hereafter enacted for providing a bond freeing the Premises from the effect of such lien <br />claim). In the event a lien or stop -notice is imposed upon the Premises as a result of such <br />construction, repair, alteration, or installation, and provided the lien is not the result of actions of, <br />or work performed by, the Lessor, Tenant shall either: <br />Page 113 <br />75A-60 <br />
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