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Item 38 - Lease Agreement for the Santa Ana WORK Center
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06/06/2023 Regular & HA
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Item 38 - Lease Agreement for the Santa Ana WORK Center
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Clerk of the Council
Item #
38
Date
6/6/2023
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(iv)Tenant's requirement for: (A) materials, components, finishes, or <br />improvements which are different from, 01· not included in, Landlord's standard <br />tenant improvement items for the Building (which have been provided to Tenant and of which Tenant acknowledges receipt); or (B) materials that are not available <br />in a commercially reasonable time given the estimated date of Substantial <br />Completion of the Premises, but only to the extent that such a requirement actually <br />causes a delay to Substantial Completion of the Pt·emises; or <br />(v)any other acts or omissions of Tenant, or of any of the Tenant <br />Con tractors, their agents, or employees that continue more than one ( 1) day after <br />written notice thereof by Landlord. <br />(r)"Tenant FF&E Allowance: means a portion of the Tenant Allowance inthe amount of up to Ten and 00/100 Dollars ($10.00) per rentable square foot of the <br />Premises (i.e., up to $193,210.00), which Tenant may use for Tenant's furniture, fixtures <br />and equipment to be purchased and installed in the Premises and any costs of data cabling and IT infrastructure in connection with Tenant's furniture, fixtures and equipment. <br />(s)"Tenant's Representative" means the Executive Director, Community <br />Development, or the Economic Development Manager or their designee (eit her such <br />individual acting alone) as the only pcrson[s] authorized to act for Tenant pursuant to this Work Letter. Landlord shall not be obligated to respond to or act upon any request, <br />approval, inquiry, or other communication from or on behalf of Tenant in connection with <br />this Work Letter unless such communication is in writing from Tenant's Representative. <br />Tenant may change the Tenant's Representative[s] at any time upon not less than five (5) <br />days' advance written notice to Landlord. <br />3. <br />(t)"Working Drawings" is defined in Section 3(bl hereof. <br />Pinn Approval. <br />(a)Prior to commencement of the Landlord Work, Landlord and Tenant shall <br />approve detailed space plans (collectively, the "Space Plan") for the construction of the <br />Tenant Improvements, which space plans shall be prepared by Landlord's architect and subject to Tenant's reasonable approval within ten ( I 0) days after receipt thereof. <br />(b)Promptly following Tenant's approval of the Space Plan, Landlord shallcause its architect and engineers to prepare and deliver to Tenant detailed specifications <br />and engineered working drawings fo1· the Tenant Improvements shown on the Space Plan, <br />with such modifications to the Space Plan as shall be necessary to comply with the <br />requirements of the Building Systems of the Building (the "Working Drawings"). <br />(c)Tenant sliall approve or disapprove the Working Drawings in writing within <br />fourteen {14) business days after receipt. Tenant may only disapprove the Working <br />Drawings to the extent such Working Drawings are inconsislenl with the Space Plan and <br />only if Tenant delivers to Landlord, within such fourteen ( 14) business day period, specific changes proposed by Tenant which arc consistent with the Space Plan. If any such revisions <br />are timely and propel'ly proposed by Tenant, Landlot'd shall cause its architect and <br />8 5910216.11 <br />EXHIBIT 4
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