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80A - PH AGMT WITH COUNTY OF ORANGE 65 YR GROUND LEASE
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80A - PH AGMT WITH COUNTY OF ORANGE 65 YR GROUND LEASE
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Last modified
2/13/2020 5:09:20 PM
Creation date
2/13/2020 4:59:39 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Community Development
Item #
80A
Date
2/18/2020
Destruction Year
2025
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i0a:11-111 a <br />days after written notice thereof from Lessor to Tenant; provided, however, that any such notice shall <br />be in lieu of, and not in addition to, any notice required under California Code of Civil Procedure <br />§ 1161 et seq. <br />11.1.2. Failure to Perform. The failure or inability by Tenant to observe or perform <br />any of its obligations under this Lease (other than those specified in Sections 11.1.1, 11.1.3, 11.1.6, <br />or 11.1.8 herein, which have their own notice and cure periods), where such failure shall continue for <br />a period of thirty (30) days after written notice thereof from Lessor to Tenant or past any such longer <br />period as reasonably agreed upon by the Tenant, Lessor in writing as may be necessary for <br />completion of its cure; provided, however, that any such notice by Lessor shall be in lieu of, and not <br />in addition to, any notice required under California Code of Civil Procedure Section 1161 et. seq.; <br />provided, further, that if the nature of such failure is such that it can be cured by Tenant but that more <br />than thirty (30) days are reasonably required for its cure (for any reason other than financial <br />inability), then Tenant shall not be deemed to be in default if Tenant shall commence such cure <br />within said thirty (30) days, and thereafter diligently pursues such cure to completion. <br />11.1.3. Abandonment. The abandonment (as defined in California Civil Code <br />Section 1951.3) or vacation of the Premises by Tenant for a period of thirty (30) days or more. <br />11.1.4. Assignments. <br />(a) The making by Tenant of any assignment of its leasehold estate under this <br />Lease without Lessor's consent, as set forth in Article X; <br />(b) A case is commenced by or against Tenant under Chapters 7, 11 or 13 of <br />the Bankruptcy Code, Title 11 of the United States Code as now in force or hereafter amended and if <br />so commenced against Tenant, the same is not dismissed within ninety (90) days of such <br />commencement; <br />(c) the appointment of a trustee or receiver to take possession of substantially <br />all of Tenant's assets located at the Premises or of Tenant's interest in this Lease, where such seizure <br />is not discharged within sixty (60) days; or <br />(d) Tenant's convening of a meeting of its creditors or any class thereof for <br />the purpose of effecting a moratorium upon or composition of its debts. In the event of any such <br />default, neither this Lease nor any interests of Tenant in and to the Premises shall become an asset in <br />any of such proceedings. <br />11.1.5. Failure to Reimburse Lessor. Tenant's failure to reimburse the Lessor <br />pursuant to Section 3.6.4. <br />11.1.6. Termination of and Failure to Reinstate Insurance Coverage. <br />Termination of Tenant's insurance coverage and lack of reinstatement within ten (10) business days <br />after notice from Lessor of such termination. <br />11.1.7. Failure to Provide Evidence of Insurance. Tenant's failure to provide <br />Lessor with a valid and adequate certificate of insurance and endorsements, or binder, at any time <br />during the Term of the Lease, within the time period required under Section 8.1.3. <br />Page139 <br />Fi M i <br />
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