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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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(1) Record a valid Release of Lien, or <br />(2) Procure and record a bond in accordance with Section 8424 of <br />the Civil Code, which releases the Premises from the claim of the lien or stop -notice and from any <br />action brought to foreclose the lien, or <br />(3) Post such security as shall be required by Tenant's title insurer <br />to insure over such lien or stop -notice, or <br />(4) Should Tenant fail to accomplish either of the three optional <br />actions above within 30 days after Tenant receives notice of the filing of such a lien or stop -notice, <br />it shall constitute an Event of Default hereunder. <br />(b) Indemnification. Tenant shall at all times indemnify, defend with <br />counsel approved in writing by Lessor and hold Lessor harmless from all claims, losses, demands, <br />damages, cost, expenses, or liability costs for labor or materials in connection with construction, <br />repair, alteration, or installation of structures, improvements, equipment, or facilities within the <br />Premises, and from the cost of defending against such claims, including reasonable attorneys' fees <br />and costs, but excluding any liability resulting from the gross negligence or willful misconduct of <br />Lessor, and excluding any liens resulting from the actions of, or work performed by, the Lessor. <br />(c) Protection Against Liens. Lessor shall have the right to post and <br />maintain on the Premises any notices of non -responsibility provided for under applicable <br />California law. During the course of construction, Tenant shall obtain customary mechanics' lien <br />waivers and releases. Upon completion of the construction of any Improvements, Tenant shall <br />record a notice of completion in accordance with applicable law. Promptly after the Improvements <br />have been completed, Tenant shall (or shall cause Contractor to) record a notice of completion as <br />defined and provided for in California Civil Code section 8000 et seq. <br />(d) Lessor's Rights. If Tenant (or any contractor or subcontractor, as <br />applicable) does not cause to be recorded the bond described in California Civil Code section 8000 <br />et seq. or otherwise protect the Premises and Improvements under any alternative or successor <br />statute, and a 1ma1 judgment has been rendered against Tenant by a court of competent jurisdiction <br />for the foreclosure of a mechanic's, materialman's, contractor's or subcontractor's lien claim, and <br />if Tenant fails to stay the execution of judgment by lawful means or to pay the judgment, Lessor <br />shall have the right, but not the duty to pay or otherwise discharge, stay or prevent the execution <br />of any such judgment or lien or both. Upon any such payment by Lessor, Tenant shall immediately <br />upon receipt of written request therefor by Lessor, reimburse Lessor for all sums paid by Lessor <br />under this paragraph together with all Lessor's reasonable attorney's fees and costs, plus interest <br />at the Interest Rate from the date of payment until the date of reimbursement. <br />5.1.10. No Responsibility. Any approvals by Lessor with respect to any <br />Improvements shall not make Lessor responsible for the Improvement with respect to which <br />approval is given or the construction thereof. Tenant shall indemnify, defend and hold Lessor <br />harmless from and against all liability and all claims of liability (including, without limitation, <br />reasonable attorneys' fees and costs) arising during the Term of this Lease for damage or injury to <br />persons or property or for death of persons arising from or in connection with the Improvement or <br />Page 114 <br />75A-61 <br />
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