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75A - AGMT FOR 99 YEAR LEASE AT 1901 W WALNUT
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75A - AGMT FOR 99 YEAR LEASE AT 1901 W WALNUT
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Last modified
2/27/2020 1:32:46 PM
Creation date
2/27/2020 1:17:59 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Community Development
Item #
75A
Date
3/3/2020
Destruction Year
2025
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18.5 Tenant may propose alternative BMPs that meet or exceed the pollution prevention <br />performance of the BMP Fact Sheets. Any such alternative BMPs shall be submitted to the Lessor <br />for review and approval prior to implementation. <br />18.6 Lessor may enter the Premises in accordance with Section 4.5 and/or request Tenant's <br />records at any reasonable time during normal business hours to assure that activities conducted on <br />the Premises comply with the requirements of this Section. <br />ARTICLE XIX <br />GENERAL CONDITIONS & MISCELLANEOUS PROVISIONS <br />19.1 Signs. Tenant agrees not to construct, maintain, or allow any signs, banners, flags, <br />etc., upon the Premises except (a) as approved in writing in advance by Lessor, which approval <br />may be withheld in the sole and absolute discretion of the Lessor, or (b) required by any of Tenant's <br />lenders, provided that any such signage is in compliance with all applicable Laws. Tenant further <br />agrees not to construct, maintain, or allow billboards or outdoor advertising signs upon the <br />Premises, except as approved in writing by Lessor. <br />19.2 Nondiscrimination. Tenant agrees not to discriminate against any person or class of <br />persons by reason of sex, age (except as permitted by law), race, color, creed, physical handicap, <br />or national origin in employment practices and in the activities conducted pursuant to this Lease. <br />19.3 Taxes and Assessments. Pursuant to California Revenue and Taxation Code Section <br />107.6, Tenant is specifically informed that this Lease may create a possessory interest which is <br />subject to the payment of taxes levied on such interest. It is understood and agreed that all taxes <br />and assessments (including but not limited to said possessory interest tax) which become due and <br />payable upon the Premises or upon fixtures, equipment, or other property installed or constructed <br />thereon, shall be the full responsibility of Tenant, and Tenant shall cause said taxes and <br />assessments to be paid promptly. <br />19.4 Quitclaim of Interest upon Termination. Upon termination of this Lease for any <br />reason whatsoever in accordance with the terms of the Lease, Tenant shall execute, acknowledge, <br />and deliver to Lessor, within ten (10) business days, a good and sufficient deed, in a form as <br />approved by the Lessor, whereby all right, title, and interest of Tenant in the Premises is <br />quitclaimed back to Lessor ("Quitclaim Deed"). The Quitclaim Deed shall then be recorded by <br />Lessor to remove any cloud on title created by this Lease. In the event that the Tenant fails to <br />provide such Quitclaim Deed within ten (10) additional business days after written demand by <br />Lessor, the Parties agree that the Lessor will be damaged and entitled to compensation for those <br />damages. Such actual damages will, however, be extremely difficult to ascertain. Therefore, if <br />the Tenant does not provide the required Quitclaim Deed after such notice and cure period, in <br />addition to any other remedy provided by law or equity, the Tenant shall pay the Lessor $1,000 <br />per day for every day that passes until a Quitclaim Deed is delivered, which amount shall be <br />deemed to constitute a reasonable estimate of Lessor's damages and not a penalty. Such amount <br />shall become due and payable by Tenant to Lessor for each calendar day that passes beyond the <br />cure period. Notwithstanding the foregoing, if the Tenant has disputed the termination of the Lease <br />Page136 <br />75A-83 <br />
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