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Agenda Packet_2025-07-15
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Agenda Packet_2025-07-15
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7/15/2025
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Docusign Envelope ID: 72A91133B-BEA1-46FE-ACDD-146571 B87804 <br />EXHIBIT 2 <br />set forth in the Cost Proposal and to promptly commence the construction of the Tenant <br />Improvements in accordance with the Approved Working Drawings, <br />6. Performance of the Landlord Work. <br />(a) Landlord shall cause the Contractor to obtain all applicable building permits <br />for construction of the Landlord Work (collectively, the °`.Permits"), and to perform the <br />Landlord Work in a good and workmanlike manner and in compliance with the Permits <br />and all applicable Laws in effect at the time of construction. All costs associated with <br />obtaining Permits will be deducted from the Tenant Allowance. <br />(b) if any local governmental agency requires revisions to the Approved <br />Working Drawings, Tenant shall be deemed to have approved any adjustments to the <br />Approved Working Drawings and the Cost Proposal resulting therefrom. Tf'any Authority <br />issuing Permits for the construction of the Tenant Improvements shall impose terms or <br />conditions upon the construction thereof that: (i) are inconsistent with .Landlord's <br />obligations hereunder; (ii) increase the cost of constructing the Tenant Improvements; or <br />(iii) will materially delay the construction of the Tenant Improvements, Landlord and <br />Tenant shall reasonably and in good faith seek means by which to mitigate or eliminate <br />any such adverse terms and conditions. <br />7. Change Rectuest5. No changes to the Approved Working Drawings or the agreed <br />Cost Proposal may be made without the prior written consent of Landlord, which consent nray be <br />withheld in Landlord's sole discretion. Tl'Tenant requests a cha.rlge that would directly or indirectly <br />delay the Substantial Completion of the Tenant improvements, Landlord shall riot be obligated to <br />make such change unless Tenant agrees in writing that such delay (in the amotint reasonably <br />determined by Landlord) is aTenant Delay. lfTenant requests a change to the Approved Working <br />Drawings that increases the agreed Cost Proposal, Landlord shall not be obligated to make sucli <br />change unless Tenant agrees in writing to pay any such increase in costs in accordance with Section <br />l0. <br />& Substantial Completion. When Landlord's architect certifies that the Landlord <br />Work Is Substantially Complete., Landlord shall notify 'Tenant thereof in writing, 'Tenant's <br />Representative and Landlord's Representative shall at n mutually convenient date and time [but in <br />no event later than ten (10) clays after such notice] conduct a joint walk-through of the Premises in <br />order to revir v the 'Tenant Improvements. Based upon said walk-through, Landlord's <br />Representative and Tenant's Representative shall prepare a list of Punch List Work and, sulaiect to <br />Force Mljeurc, Tenant Delays and other causes beyond Landlord's reasonable control, Landlord <br />shall complete the Punch List Work items within thirty (30) days after such joint walla -through, in <br />the event of any dispute as to whether Landlord has Substantially Completed the Tenant <br />lrnprovernents, the City will be afforded an opportunity to provide input before the Landlord's <br />architect renders a final decision on the dispute. The decision of .Landlord's architect shall be <br />final and binding on the parties. Tenant agrees th'rtt, at the request of Landlord from time t• time <br />after the initial inspection, Tenant shall initial such punch list or execute revised lists of Punch List <br />Work to reflect completion or partial completion of prior Punch List Work. <br />�17 <br />5910216.11 <br />City Council 7 —114 7/15/2025 <br />
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