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Last modified
3/9/2021 11:46:37 AM
Creation date
3/9/2021 11:39:53 AM
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Contracts
Company Name
DYER 18 LLC
Contract #
A-2021-028
Agency
Community Development
Council Approval Date
3/2/2021
Expiration Date
1/31/2036
Destruction Year
2041
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41. security MOO$Jra, Lessee hereby acknowledges that the gent payable to lessor hereunder does not Include the cost ofRuard service or other security <br />measures, and that Lester shall have no obligation whatsoever to provide same, lessee assumes all responslblllty far the protection of the Premises, Lessee, Its <br />agents and Invitees and lhelr property from the acts of third parties. <br />42. Reservations. Lessor reserves to Itself the right, from tlme to time, to granLwlthout the consent of joinder Of Lessee, such easements, rights and dedications <br />that Lessor deems necessary, and to cause the recordation Of parcel maps and restrictlons, to long as such easements, rlghU, dedications, maps and mSUlotiont do <br />not unreasonably Interfere with the use of the Premises by Lessee. Lessee agrees to sign any documents materiality requested by Lester to elfeduate any such <br />easement rights, dedication, map orrestrlctiom. <br />43. Performance Under Protect. If at any Ume a dispute shall arise as to any amount or turn of money to be paid by one Patty to the other under the provisions <br />hereof, the Parry against whom the obligation to pay the money U asserted shall havethe right to make payment "under protest" and such payment shall not be <br />regarded as a voluntary payment and there shall survive the right on the part of sold Party to immure suit for recovery Or such sum. If It shah be adjudged that there <br />was no legal Obligation on the part of said Party to pay such sum or any part thereof, said Party shall be entitled to recover such sum or so much thereof as It was not <br />legally required to pay A Patty who does not Initiate suit for the recovery of turns paid"under Protest' within 6 months shall be deemed to he" welved its right to <br />protest such payment. <br />44. Authority; Multiple Patties; Execution. <br />(a) If either Patty hereto Is a corporation, trust, limited llahlllty, Company, partnership. or simflar entity, each Individual executing this Lease on behalf of <br />such entity lefeeSents and warrants that he orshe lsduly authorized to execute and deliver this Leese on its behalf. Each Party shall, within 30days after request <br />detest to the other Party satisfactory evidence of such authority. <br />fill If this Lease is executed by more than one person or entity as'Lesue",each such person or entity shall be Jointly and severalty liable hereunder His <br />agreed that anyone othhe named Lessees shall beempowered to execute any amendment to this Lease,or other document ancillarythereto and bind an of the <br />named Lessen, and Lessor may mlyon the same as IF all of the named Lessees had executed such document. <br />(c) This Lease maybe executed by the Parties in counterparts, each of which shall be deemed an original and all of which together shall constitute one <br />and the some Instrument. <br />45. Conflict. Any conflict between the printed provisions of this lease and the typewritten or handwridenprovhlons shall becomrolled bylhetypevvil or <br />handwritten pralsions. I <br />46. Offer. Preparation of ihU Lease by either Panyor their agent and submisslon of same to the other Party shall not be deemed an offer to lease to the other <br />Party. This lease Is not Intended to be binding until executed and delivered by all Padles hereto. <br />47, Amendments. This Lea se may be modified only In wrldng, signed by the Parties In Interest at the Ume of the modification. As long as they do not materially <br />change Lessee's obligations hereunder. lessee agrees to make such reasonable non -monetary modlllcationsto this Lease as may be reasonably required by a Lender <br />in connection with the obtaining of normal financing or reflnoncing of the Premises. <br />48. Waiver efluryTdol. THE PARTIES HEREBY WANE THEIR RESPECTIVE RIGHTSTO TRIAL BY JURY IN ANY ACTION OR PROCEEDING INVOLVING THE PROPERTY <br />OR ARISING OUT OF THIS AGREEMENT. <br />49. Arbitration of Disputes. An Addendum requiring the Arbitration of all disputes between the Parties and/or Broken arising out of this lease ID is 2 Is not <br />attached to this Lease. <br />$0. Atcessibinty; Americans with blsablgthasAct, <br />(a) The Premises: <br />12 have not undergone an inspection by a CoMfied Access Specialist ICASP). Note: A Certified Accest SPeciaust (CASp) con Inspect the subject premises and <br />determine whether the subject premises comply with all of the applicable eonjtruedon-mlated accesslbglty standards under state law. Although state law does not <br />require a CASp Inspection of the subject premises, the Commercial property owner or lessor may not prohibit the lessee or tenant from obtaining a CASp Inspection of <br />the subject premises for the Occupancy or potential occupancy of the lessee or tenant, It requested bythe lessee or tenant. The pestles shall mutually agree on the <br />arrangements for the time and manner of the CASp Inspection, the pawn ent of the fee for the CASp Inspection, and the Cost of making any repairs necessary to <br />correct violations of construction -related accesslhllity standards within the premises. <br />❑ have und ergone, an Inspection by a Certified Access Specialist (CASp) and it was determined that the Premises met all applicable construction -related <br />accessibility standards pursuant to California Cell Code§55.51 at seq. Lessee acknowledges that It received a copy of the inspection report at least 48 boon pilot to <br />exeetudngthis Lease and agrees to keep such report Confidential, <br />0 have undergone an Impaction by a Certified Access Specialist (CASIP) and It was detemslntd that the Premises did not meet all applicable construcdamrelated <br />a ccusib011ysUndards pursuantto Callromla Civil Code §55.Stetset. Lessee acknowledges that It received a copy of the Inspection report at least 48 hours prior to <br />exetutm$ this lease and agrees to keep such report Confidential except as necessary to complete repairs and Corrections of violations of construction related <br />accesilbillly, standards. <br />In the eveatthat the Premises have been Issued an Inspection report by a CASpthe Lessor shall provide a copy of the disability access inspection certificate to lessee <br />wlthln 7 days of the execution of this lease. <br />(b) Since compliance with the Americans with Disabilities Act(ADA)and other state and local accessibility statutes are dependent upon Lessee'sspecific <br />use of Me premises, Lester makes no warrantyor representation as to whether or net the PremisescomptV with ADA or anyslmgarlegislation, mtheeventihal <br />Lessee's use of the Premises regoiles modifications or additions to the PlemisesIn order to be incompliance with ADA or other accessibllltystatutes, Lessee agrees to <br />make arq such necessary modifications and/or additions at Lessee's expense. <br />LESSOR AND LESSEEHAVE CAREFULLY READAND REVIEW EDTHIS LEASEANO EACH TERM AND PROVISION CONTAINED HEREIN, AND BY THE EXECUTION OF THIS <br />LEASE SHOW THEIR INFORMED AND VOLUNTARYCONSENT THERETO. THE PARTIES HEREBY AGREE THAT ATTHE TIMETHIS LEASE 15 EXECUTED, THE TERMS OF <br />THIS LEASE ARECOMMERCIALLY REASONABLE AND EFFECTUATE THE INTENT AND PURPOSE OF LESSOR AND LESSEEWITH RESPECTTOTHE PREMISES. <br />ENTION: NO REPRESENTATION OR RECOMMENDATION IS MADE BY AIR CAE OR BY ANY BROKERAS TO THE LEGAL SUFFICIENCY, LEGAL EFFECT ORTAX <br />WP <br />C 2019AIR CRE. All Rights Reserved. Last Edited: 2/25/20219:53AM <br />STN•27.30, Revised 11-25.2019 Page 15 of 16 <br />
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