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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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iMa:11-111 a <br />With a copy to: Bocarsly Emden Cowan Esmail & Arndt LLP <br />633 W. 5th Street 64th Floor <br />Los Angeles. CA 90071 <br />Attention: Lance Bocarsly, Esq. <br />19.20 Amendments. This Lease is the sole and only agreement between the Parties regarding <br />the subject matter hereof, other agreements, either oral or written, are void. Any changes to this <br />Lease shall be in writing and shall be properly executed by all Parties. <br />19.21 Limited Partner Cure Rights. In the event the Tenant is a partnership, the Lessor <br />agrees to accept a cure of any Event of Default by Tenant made by any one or more of the Tenant's <br />limited partners as if such cure had been made by Tenant, provided such cure is made in accordance <br />with the applicable provisions of this Lease. <br />19.22 Dispositions of Abandoned Property. If Tenant abandons or quits the Premises or is <br />dispossessed thereof by process of law or otherwise, title to any personal property belonging to and <br />left on the Premises thirty (30) days after such event shall, at County and/or Agency's option, be <br />deemed to have been transferred to County and/or Agency. County and/or Agency shall have the <br />right to remove and to dispose of such property at Tenant's cost including the cost of labor, <br />materials, equipment and an administrative fee equal to fifteen percent (15%) of the sum of such <br />costs without liability therefor to Tenant or to any person claiming under Tenant, and shall have no <br />need to account therefor. At Lessor's option, Lessor may provide Tenant with an invoice for such <br />costs, which invoice Tenant agrees to pay within fifteen (15) days of receipt. <br />19.23 Brokers. If Tenant has engaged a broker in this transaction pursuant to a separate <br />agreement, Tenant shall be solely responsible for the payment of any broker commission or similar <br />fee payable pursuant to such separate agreement. Tenant each hereby agree to indemnify and hold the <br />Lessor harmless from and against all costs, expenses or liabilities (including attorney fees and court <br />costs, whether or not taxable and whether or not any action is prosecuted to judgment) incurred by <br />the County and/or Agency in connection with any claim or demand by a person or entity for any <br />broker's, finder's or other commission or fee from the County and/or Agency in connection with the <br />Tenant's entry into this Lease and the transactions contemplated hereby based upon any alleged <br />statement or representation or agreement of the Tenant. No broker, finder or other agent of any Party <br />hereto shall be a third -party beneficiary of this Lease <br />19.24 No Partnership. This Lease shall not be construed to constitute any form of <br />partnership or joint venture between County, Agency and Tenant. County, Agency and Tenant <br />mutually acknowledge that no business or financial relationship exists between them other than as <br />County, Agency and Tenant, and that County and Agency is not responsible in any way for the debts <br />of Tenant or any other Party. <br />19.25 Authorization. County, Agency and Tenant (each, a "signing party") each represents <br />and warrants to the other that the person or persons signing this Lease on behalf of the signing party <br />has full authority to do so and that this Lease binds the signing party. Concurrently with the <br />execution of this Lease, the Tenant shall deliver to the Lessor a certified copy of a resolution of the <br />signing parry's board of directors or other governing board authorizing the execution of this Lease by <br />the signing party. <br />Page 157 <br />.O • <br />
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