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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 />ARTICLE XV <br />RECORDS AND ACCOUNTS <br />15.1 Financial Statements. Within one hundred eighty (180) after the end of each <br />accounting year, Tenant shall at his own expense submit to Auditor -Controller and the Agency a <br />balance sheet and income statement prepared by a Certified Public Accountant ("CPA") who is a <br />member of the American Institute of Certified Public Accountants ("AICPA") and the California <br />Society of CPAs, reflecting business transacted on or from the Premises during the preceding <br />accounting year. The Certified Public Accountant must attest that the balance sheet and income <br />statement submitted are an accurate representation of Tenant's records as reported to the United <br />States of America for income tax purposes. At the same time, Tenant shall submit to Auditor - <br />Controller and Agency a statement certified as to accuracy by a Public Accountant who is a member <br />of AICPA and the California Society of CPAs, wherein the total Gross Receipts for the accounting <br />year are classified according to the categories of business established for percentage rent and listed in <br />Section 3.4.l(d) and for any other business conducted on or from the Premises. Tenant shall provide <br />Lessor with copies of any CPA's management letters prepared in conjunction with their audits of <br />Tenant's operations from the Premises. Copies of management letters shall be provided directly to <br />Lessor by the CPA at the same time Tenant's copy is provided to Tenant. In the event that when <br />such financial statements are submitted, the Tenant has a budget for the following accounting year, <br />Tenant, at the same time, shall also provide Lessor with such budget. <br />15.1.1. Tenant acknowledges its understanding that any and all of the Financial <br />Statement submitted to the Lessor pursuant to this Lease become Public Records and may be subject <br />to public inspection and copying pursuant to §§ 6250 et. seq. of the California Government Code. <br />15.1.2. All Tenant's books of account and records and supporting source documents <br />related to this Lease or to business operations conducted within or from the Premises shall be kept <br />and made available at one location within the limits of the County unless an alternative location is <br />approved in writing by the Lessor. Lessor shall, through their duly authorized agents or <br />representatives, have the right to examine and audit said books of account and records and supporting <br />source documents at any and all reasonable times for the purpose of determining the accuracy thereof <br />in connection with such Sections of this Lease as the Parties mutually and reasonably agree the audit <br />is relevant thereto. <br />15.2 Reports. In the event that the Tenant commissions, requests or is required to produce <br />any reports related to the physical condition of the Improvements or Premises, Tenant shall submit <br />copies of such reports to Lessor along with the financial statements required above in Section 15.1. <br />ARTICLE XVI <br />OPERATIONAL OBLIGATIONS OF TENANT <br />16.1 Standards of Operation. <br />16.1.1. Tenant shall operate the Premises in a manner reasonably comparable to other <br />comparable facilities or businesses within the County of Orange. Tenant shall at all times during the <br />Term provide adequate security measures to reasonably protect persons and property on the <br />Premises. <br />Page144 <br />FOOMMOOP <br />
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