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Item 21 - Site License and Lease Agreements with Pacific Coast Shuttles, LLC
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10/17/2023 Regular
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Item 21 - Site License and Lease Agreements with Pacific Coast Shuttles, LLC
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10/11/2023 4:15:27 PM
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10/11/2023 3:18:22 PM
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Agenda Packet
Agency
Public Works
Item #
21
Date
10/17/2023
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Upon notification to Tenant of Landlord's decision not to repair or rebuild, this <br />Lease shall terminate. <br />17. EMINENT DOMAIN: (a) If (i) all or part of the Premises, the building located thereon, <br />or (ii) so much of any rights in the Premises or the building located thereon shall be taken or appropriated <br />under any right of eminent domain or under any other legal right whereby the taking authority is obligated <br />to compensate Landlord therefor so that there does not remain promises suitable in the sole opinion of <br />Tenant for the operation of its business, then Tenant may terminate and cancel this Lease without owing <br />any liability to Landlord as of the date on which the condemning authority takes physical possession upon <br />giving to Landlord written notice of such election. Landlord agrees immediately within ten (10) days after <br />any notice of intended or actual taking or appropriation to give Tenant written notice thereof, providing to <br />Tenant full details of such taking or appropriation, including, without limitation copies of all condemnation <br />plans or surveys submitted by the condemning authority, a statement of the nature of the project to be <br />conducted by the condemning authority, and such other information as might be necessary to enable Tenant <br />to determine its future course of conduct. TENANT ACKNOWLEDGES THAT LANDLORD'S <br />EXERCISE OF ITS RIGHT TO TERMINATE THIS LEASE UNDER ANY OF THE PROVISIONS <br />OF THIS LEASE SHALL NOT ENTITLE TENANT TO ANY RIGHTS OR CLAIMS FOR <br />RELOCATION BENEFITS OR ANY OTHER CLAIMS RELATED TO CONDEMNATION OR <br />INVERSE CONDEMNATION. <br />(b) If this Lease shall be terminated and canceled as a result of any taking or <br />appropriation, Tenant shall be released from any further liability and Rent and other sums <br />for the last month of Tenant's occupancy shall be prorated and Landlord shall <br />immediately refund to Tenant any sums paid in advance. <br />(c) Tenant reserves unto itself the right to prosecute Tenant's claim for an <br />award for damages for the termination of this Lease caused by such appropriation or taking, <br />together with damages based on the value of Tenant's improvements and Tenant's fixtures and <br />other personal property erected or installed on the Premises and damages Tenant may sustain to <br />the interest in the business operated by Tenant on the Premises, including, but not limited to, <br />goodwill, patronage, and the removal, relocation, and replacement costs and expenses caused by <br />such appropriation or taking, and Tenant may file such claims as are permitted by law for the loss <br />of its leasehold interest, business dislocation damages, moving expense, or other damages caused <br />by such taking or appropriation. Tenant's right to receive compensation or damages for its <br />fixtures or its personal property shall not be affected in any manner by this Lease. <br />18. LIENS: Tenant shall promptly remove and discharge, at its cost and expense, all <br />mechanic's liens, or other liens, for labor performed or materials furnished with respect to the Promises by <br />or for Tenant. <br />19. PARKING AREA: Tenant acknowledges that Landlord has entered into an agreement <br />with the Orange County Transportation Authority for the operations of the OC Streetcar at SARTC, which <br />is under construction. Such operations may affect the number of parking spaces available at any one time, <br />though it is not possible to determine the precise effect at the time of this Lease. Surface Parking Lots 1 <br />and 2 allow up to 72-hour parking. Landlord will provide parking passes to identify all Tenant vehicles <br />parked at SARTC at no cost to Tenant. If the parking structure at SARTC is full, Tenant and Tenant's <br />agents, employees, customers and invitees must use the surface lots at SARTC. <br />in <br />
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