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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 />Code §6250, et seq.) ("CPRA") as now in force or hereafter amended, or any Law in substitution <br />thereof, or otherwise made available to the public, unless such information is exempt from disclosure <br />pursuant to the applicable sections of CPRA. In the event that a CPRA request is made for any <br />financial statements and records (not including Gross Receipts Statements) and the Lessor <br />determines that the records must be turned over, the Lessor will give Tenant fifteen (15) days' <br />written notice prior to turning over such records so that Tenant can take any necessary action, <br />including, but not limited to, injunctive relief, to prevent Lessor from turning over such financial <br />statements and records. <br />19.6 Attorney's Fees. In any action or proceeding brought to enforce or interpret any <br />provision of this Lease, or where any provision hereof is validly asserted as a defense, each Party <br />shall bear its own attorneys' fees and costs. <br />19.7 Payment Card Compliance. Should Tenant conduct credit/debit card transactions in <br />conjunction with Tenant's business with the County and/or Agency, on behalf of the County and/or <br />Agency, or as part of the business that Tenant conducts on the Premises, Tenant covenants and <br />warrants that it will during the course of such activities be Payment Card Industry Data Security <br />Standard ("PCl/DSS") and Payment Application Data Security Standard ("PA/DSS") compliant and <br />will remain compliant during the entire duration of its conduct of such activities. Tenant agrees to <br />immediately notify Lessor in the event Tenant should ever become non -compliant at a time when <br />compliance is required hereunder, and will take all necessary steps to return to compliance and shall <br />be compliant within ten (10) days of the commencement of any such interruption. Upon demand by <br />Lessor, Tenant shall provide to Lessor written certification of Tenant's PCl/DSS and/or PA/DSS <br />compliance. <br />19.8 Right to Work and Minimum Wage Laws. <br />19.8.1. In accordance with the United States Immigration Reform and Control Act of <br />1986, Tenant shall require its employees that directly or indirectly service the Premises, pursuant to <br />the terms and conditions of this Lease, in any manner whatsoever, to verify their identity and <br />eligibility for employment in the United States. Tenant shall also require and verify that its <br />contractors or any other persons servicing the Premises, pursuant to the terms and conditions of this <br />Lease, in any manner whatsoever, verify the identity of their employees and their eligibility for <br />employment in the United States. <br />19.8.2. Pursuant to the United States of America Fair Labor Standard Act of 1938, as <br />amended, and State of California Labor Code, Section 1178.5, Tenant shall pay no less than the <br />greater of the Federal or California Minimum Wage to all its employees that directly or indirectly <br />service the Premises, in any manner whatsoever. Tenant shall require and verify that all its <br />contractors or other persons servicing the Premises on behalf of the Tenant also pay their employees <br />no less than the greater of the Federal or California Minimum Wage. <br />19.8.3. Tenant shall comply and verify that its general contractor complies with all <br />other Federal and State of California laws for minimum wage, overtime pay, record keeping, and <br />child labor standards pursuant to the servicing of the Premises or terms and conditions of this Lease. <br />19.9 Declaration of Knowledge by Tenant. Tenant warrants that Tenant has carefully <br />examined this Lease and by investigation of the site and of all matters relating to the Lease <br />arrangements has fully informed itself as to all existing conditions and limitations affecting the <br />Page 154 <br />
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