Laserfiche WebLink
<br />Page | 39 <br />9138-126780\1512539.3 <br />representatives, have the right to examine and audit said books of account and records and supporting <br />source documents at any and all reasonable times for the purpose of determining the accuracy thereof <br />in connection with such Sections of this Lease as the Parties mutually and reasonably agree the audit <br />is relevant thereto. <br />15.2 Reports. In the event that the Tenant commissions, requests or is required to <br />produce any reports related to the physical condition of the Improvements or Premises, Tenant shall <br />submit copies of such reports to Lessor along with the financial statements required above in Section <br />15.1. <br />ARTICLE XVI <br />OPERATIONAL OBLIGATIONS OF TENANT <br /> <br />16.1 Standards of Operation. <br />16.1.1. Tenant shall operate the Premises in a manner reasonably comparable to other <br />comparable facilities or businesses within the City of Santa Ana. Tenant shall at all times during the <br />Term cause to be provided adequate security measures to reasonably protect persons and property on <br />the Premises. <br />16.1.2. The ultimate purpose of this Lease is to permit the construction and operation <br />of a multifamily affordable residential rental development, including permanent supportive housing, <br />in accordance with Section 4.1.1. Accordingly, Tenant covenants and agrees to operate said <br />Premises fully and continuously to accomplish said purposes and not to abandon or vacate the <br />Premises at any time. <br />16.1.3. The facilities on the Premises shall be operated during normal business hours, <br />subject to any temporary interruptions in operations or closures due to ordinary maintenance and <br />repair and any Force Majeure Event, defined in Article XIV above. <br />16.2 Protection of Environment. Tenant shall take all reasonable measures available to: <br />16.2.1. Avoid any pollution of the atmosphere or waste caused by or originating in, <br />on, or about Tenant’s facilities. <br />16.2.2. Maintain a reasonable noise level on the Premises so that persons in the <br />general neighborhood will be able to comfortably enjoy the other facilities and amenities in the area. <br />16.2.3. Prevent the light fixtures of the Premises from emitting light that could <br />negatively affect the operation of cars, boats, or airplanes in the area. <br />16.2.4. Prevent all pollutants from Tenant’s operations on the Premises from being <br />discharged, including petroleum products of any nature, except as may be permitted in accordance <br />with any applicable permits or as permitted by applicable Law. Tenant and all of Tenant’s agents, <br />employees and contractors shall conduct operations under this Lease so as to ensure that pollutants <br />do not enter the municipal storm drain system (including but not limited to curbs and gutters that are <br />part of the street systems), or directly impact receiving waters (including but not limited to rivers, <br />creeks, streams, estuaries, lakes, harbors, bays and the ocean), except as may be permitted by any <br />applicable permits or as permitted by applicable law. <br />EXHIBIT 5