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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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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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5.3.2. Irrevocable letter of credit issued to Lessor from a financial institution. <br />5.3.3. Cash deposited with the Lessor (may be in the form of cashier's check or <br />money order or may be electronically deposited); <br />5.3.4. A completion guaranty, in favor of Lessor from an Affiliate of Tenant, in a <br />form reasonably acceptable to Lessor, coupled with a repayment guaranty in favor of the senior <br />construction lender for its loan; <br />5.3.5. Any combination of the above. <br />All bonds and letters of credit must be issued by a company qualified to do business in the State <br />of California and acceptable to Lessor. All bonds and letters of credit shall be in a form acceptable <br />to Lessor, and Lessor's Risk Manager in their reasonable discretion, and shall insure faithful and <br />full observance and performance by Tenant of all terms, conditions, covenants, and agreements <br />relating to the construction of improvements within the Premises. <br />Tenant shall provide or cause its Contractor to provide payment and/or performance bonds in <br />connection with the construction of the Initial Improvements, and shall name the Lessor as an <br />additional obligee on, with the right to enforce, any such bonds. <br />5.4 Ownership of Improvements. <br />5.4.1. For purposes of this Section 5.4, "Term" shall have the meaning stated in <br />Section 2.2. <br />5.4.2. During Term. Title to all Improvements constructed or placed on the <br />Premises by Tenant and paid for by Tenant are and shall be vested in Tenant during the Term of <br />this Lease, until the expiration or earlier termination thereof. Any and all depreciation, <br />amortization and tax credits for federal or state purposes relating to the Improvements located on <br />the Premises and any and all additions thereto shall be deducted or credited exclusively by Tenant <br />during the Term. The Parties agree for themselves and all persons claiming under them that the <br />hnprovements are real property. <br />5.4.3. Upon Expiration or Earlier Termination of Term. All Improvements on <br />the Premises at the expiration or earlier termination of the Term of this Lease shall, without <br />additional payment to Tenant, then become Lessor's property free and clear of all claims to or <br />against them by Tenant and free and clear of all Leasehold Mortgages and any other liens and <br />claims arising from Tenant's use and occupancy of the Premises, and with taxes paid current as of <br />the expiration or earlier termination date. Tenant shall upon the expiration or earlier termination <br />of the Term deliver possession of the Premises and the Improvements to Lessor in good order, <br />condition and repair consistent with the requirements of this Lease and in compliance with all <br />applicable laws and regulations for the occupancy of the Project, taking into account reasonable <br />wear and tear and the age of the improvements. <br />5.5 "AS -BUILT" Plans. Within sixty (60) days following completion of any substantial <br />improvement within the Premises, Tenant shall furnish to Lessor a complete set of reproducibles <br />and two sets of prints of "As -Built" plans and a magnetic tape, disk or other storage device <br />Page 116 <br />75A-63 <br />
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