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Item 49 - Santa Ana Regional Transportation Center — Lease Agreement (PGH Wong Engineering, Inc)
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Item 49 - Santa Ana Regional Transportation Center — Lease Agreement (PGH Wong Engineering, Inc)
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Agenda Packet
Agency
Clerk of the Council
Item #
49
Date
6/21/2022
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6. HOLDOVER: Tenant has no right to retain possession of the Premises or any part <br />thereof beyond the expiration or termination of this Lease. In the event that Tenant holds over, <br />then the Rent shall be increased to 150% of the Rent applicable immediately preceding the <br />expiration or termination. Nothing contained herein shall be construed as consent by Landlord to <br />any holding over by Tenant. Any holding over by Tenant of the Premises after the expiration or <br />termination of this Lease shall operate and be construed as a tenancy from month to month <br />subject to the terms of this Lease, terminable by either party upon thirty (30) days prior written <br />notice to the other. <br />7. LANDLORD'S TITLE: (a) Landlord hereby covenants, represents and warrants to <br />Tenant that Landlord has fee simple title to the Premises and has the full right and lawful <br />authority to make this Lease. Notwithstanding anything contained herein to the contrary, if there <br />are any liens, security interests, restrictions, leases, encumbrances, encroachments, laws, <br />ordinances, governmental rules or regulations, title restrictions, zoning, endangered species or <br />any other matters which in fact interfere with Tenant's use of the Premises, then Tenant may <br />terminate this Lease without owing any liability to Landlord. Landlord covenants that so long as <br />Tenant is not in monetary default as defined hereunder, Tenant shall have quiet and peaceful <br />possession and enjoyment of the Premises, all improvements located thereon and of all <br />easements, rights and appurtenances thereunto belonging. <br />8. DELIVERY OF POSSESSION UPON TERMINATION OR EXPIRATION OF <br />TERM: Tenant agrees to deliver to Landlord physical possession of the Premises upon the <br />termination or expiration of this Lease in good condition except, however, ordinary wear and <br />tear, damage by fire or any other casualty, or damage from any other cause unless such other <br />cause is solely attributable to the negligence of Tenant. <br />9. ASSIGNMENT AND SUBLETTING: Tenant may not assign this Lease or sublet the <br />Premises or any part thereof without the prior written consent of Landlord. <br />10. TENANT'S REPAIRS, ALTERATIONS AND FIXTURES: Except for reasonable <br />wear and tear, Landlord agrees at Landlord's expense to (1) provide general building maintenance, <br />and (2) maintain in good repair the foundation, retaining walls and structural soundness of the <br />Premises. Landlord agrees to keep the Premises in good repair, including the plumbing, electrical <br />wiring, air-conditioning and heating equipment. Subject to Landlord approval, Tenant may make <br />and pay for any renovations, alterations and improvements to the Premises as Tenant deems <br />desirable and Tenant agrees that all such alterations and improvements shall be made in a good <br />and workmanlike manner and in such fashion as not to diminish the value of the building, and that <br />no such alterations shall compromise the structural integrity of the Premises. All improvements, <br />additions, alterations, and repairs shall be in accordance with applicable laws and at Tenant's own <br />expense. Tenant shall indemnify and defend Landlord for all liens, claims, or damages caused by <br />remodeling, improvements, additions, alterations, and major repairs made by Tenant. It shall be <br />Tenant's 's duty to keep the Premises free and clear of all liens, claims, and demands for work <br />performed, materials furnished, or operations conducted on the Premises at the request of Tenant. <br />On surrendering possession of the Premises to Landlord at the expiration or sooner termination of <br />2 <br />
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