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Last modified
4/17/2025 9:18:52 AM
Creation date
4/17/2025 9:12:40 AM
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Contracts
Company Name
CCTM1 LLC
Contract #
A-2025-025
Agency
Public Works
Council Approval Date
3/18/2025
Expiration Date
3/31/2035
Insurance Exp Date
4/1/2026
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17. IET EN7 YMENT. LESSOR covenants that LESSEE,on paying the rent and perrornahsg the <br /> covenants shall peaceably and quietly have,hold and enjoy the Premises, provided however,that LESSOR shall <br /> havC the right and privilege to conduct City Business on the Property,as necessary, "City Business"shall include, <br /> but not be limited to the following: minor maintenance,minor landscaping,minor construction,concessionaires, <br /> and City sponsored events,looted near the Premises,so long as the City Business does not interfere with or impair <br /> the operation of LESSEE's Facilities, <br /> 18, TITLE, LESSOR covenants that LESSOR is seized of good and sufficient title and interest to the <br /> Property and has full authority to enter into and execute this Agreement. LESSOR further covenants that there are <br /> no other liens,judgments or impediments of title on the Property or affecting LESSOR's title to the same and that <br /> there are no covenants,easements or restrictions which prevent the use of the Premises by LESSEE as set forth <br /> above. <br /> 19, ND LLU S. LESSEE w€II not permit any mechanics'or materinimcn's liens on the Property for <br /> any labor or material furnished to LESSEE in connection with work performed. LESSEE shall have the right to <br /> contest the validity,nature,or amount of any such lien but,upon the final determination of such questions,shall <br /> immediately pay any adverse judgment rendered with all proper costs and charges and have the lien released at its <br /> awn expense. If LLSSf FB desires to contest any such lien,then prior to commencing such contest, it will post a <br /> bond,where necessary,to release the lien. <br /> 20, M15("1 LLAIVEGIUSLFSSHF KESPONS113141TIES, <br /> A. Maximum Permissible Exposure - LESSEE shall comply with all present and future <br /> laws,orders and regulations relating to Maximum Permissible Exposure("MPE")and other related health issues <br /> directly applicable to its operation of LESSEE'S Facilities,as well as the American National Standards Fnsdtute <br /> (ANSI)standards. Without limiting the provisions of LESSEF's indemnity contained herein,LESSEE,on behalf`of <br /> itsolfand its successors and assigns,shall indemnify LESSOR from and against all claims of personal injuries duo to <br /> violation of MPE to the extent such personal injuries are actually caused by LESSEE's Facilities on the Promises. <br /> B. LESSEE~shall maintain LESSEE's Facilities and shall make all repairs to the Premises <br /> necessitated to keep the Promises safe. LESSOR may require LESSEE to make repairs.to and/or replace damaged <br /> equipment of LESSEE'&Facilities and/or any parts thereto regardless of fault(including bill not limited to damage <br /> caused by vandalism or acts of gad not later than one(1)week after said damage is reported to LFSSFFE except for <br /> damage caused by LESSOR. This time period may be extended with written authorization from the City Manager. <br /> In the event such authorization Is not given and repairs are not made in one week,LESSOR may cause such repairs <br /> to be made including making said repairs and/or hiring a consultant to make said repairs. LESSOR may charge <br /> LESSEN for the cost of said services. Damage caused by graffiti shall be removod within forty-eight(49)hours <br /> notification to LESSEE by LESSOR, If said graffiti is not removed within the 48-Lour period,City may remove <br /> said gratTili and bill LESSEE for the cost of services. <br /> C. LESSEE shall pay all personal property taxes assessed directly agahul its equipment and <br /> all increases in LESSOR'S real property texas or assessments directly attributable to installation of LESSEE'S <br /> equipment or LESSEE's;Ise of the Premises, within sixty(60)days after receipt of satisfactory documentation <br /> indicafing Calculation of LFSSHE's share of such real estate taxes and proof of payment provided that such amounts <br /> are in fact due within the said sixty(60)day. period. LESSEE has the right to challenge any unreasonable tax <br /> assessment. <br /> D. LESSOR grants LESSER the right to obtain utilities for the operation of LESSEE's <br /> Facilities. LESSEE shall be responsible directly to the serving entities for any and all utilities required by LESSEE <br /> for its use of the Premises. LESSOR shall cooperate Willi LESSFF In its efforts to obtain utilities fr am any location <br /> provided by LMOR or the servicing utility, including signing any easement or other instrument reasonably <br /> requind by the utility company. <br /> E. LFSf>EE shall have the right to replace or repair its equipment or any portion thereof <br /> during the term of this Agreement. LESSEE will maintain the Premises In a good condition,reasonable wear and <br /> tear excepted. <br /> Situ No: IAD3009C 1 R.I$avador Paik Pap S 023 <br /> Site.Address: IUS Civk Ccator Oriw Wrs Santa Ana,CA 92703 <br /> Page 33 of 107 <br />
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