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Item 20 - Lease Agreement for Office Space at SARTC with Walsh Construction Company II, LLC
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Item 20 - Lease Agreement for Office Space at SARTC with Walsh Construction Company II, LLC
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7/10/2024 5:20:07 PM
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7/10/2024 10:34:20 AM
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Agenda Packet
Agency
Public Works
Item #
20
Date
7/16/2024
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18. EMINENT DOMAIN: (a) If (i) all or part of the Premises, the building located <br />thereon, or (ii) so much of any rights in the Premises or the building located thereon shall be <br />taken or appropriated under any right of eminent domain or under any other legal right whereby <br />the taking authority is obligated to compensate Landlord therefor so that there does not remain <br />premises suitable in the sole opinion of Tenant for the operation of its business, then Tenant may <br />terminate and cancel this Lease without owing any liability to Landlord as of the date on which <br />the condemning authority takes physical possession upon giving to Landlord written notice of <br />such election. Landlord agrees immediately within ten (10) days after any notice of intended or <br />actual taking or appropriation to give Tenant written notice thereof, providing to Tenant full <br />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 <br />to be conducted by the condemning authority, and such other information as might be necessary <br />to enable Tenant to determine its future course of conduct. TENANT ACKNOWLEDGES <br />THAT LANDLORD'S EXERCISE OF ITS RIGHT TO TERMINATE THIS LEASE <br />UNDER ANY THIS PARAGRAPH SHALL NOT ENTITLE TENANT TO ANY RIGHTS <br />OR CLAIMS FOR RELOCATION BENEFITS OR ANY OTHER CLAIMS RELATED <br />TO CONDEMNATION OR 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 for the <br />last month of Tenant's occupancy shall be prorated and Landlord shall immediately refund to <br />Tenant any sums paid in advance. <br />(c) Tenant reserves unto itself the right to prosecute Tenant's claim for an award for <br />damages for the termination of this Lease caused by such appropriation or taking, together with <br />damages based on the value of Tenant's improvements and Tenant's fixtures and other personal <br />property erected or installed on the Premises and damages Tenant may sustain to the interest in <br />the business operated by Tenant on the Premises, including, but not limited to, goodwill, <br />patronage, and the removal, relocation, and replacement costs and expenses caused by such <br />appropriation or taking, and Tenant may file such claims as are permitted by law for the loss of <br />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 />19. 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 <br />Premises by or for Tenant. <br />20. PARKING AREA: Tenant acknowledges that Landlord has entered into an agreement <br />with the Orange County Transportation Authority for the construction of the OC Streetcar at <br />SARTC, which is under construction. Such construction may affect the number of parking <br />spaces available at any one time, though it is not possible to determine the precise effect at the <br />time of this Lease. Surface Parking Lots 1 and 2 allow up to 72-hour parking. Landlord will <br />provide parking passes to identify all Tenant vehicles parked at SARTC at no cost to Tenant. If <br />FA <br />
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