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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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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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by Lessor, upon a final determination by a court of competent jurisdiction that the Lease has not <br />been terminated, Tenant shall not be subject to payment of the foregoing damages. <br />19.5 Public Records. Tenant acknowledges that any written information submitted to <br />and/or obtained by Lessor from Tenant or any other person or entity having to do with or related <br />to this Lease and/or the Premises, either pursuant to this Lease or otherwise, is a "public record" <br />open to inspection and copying by the public pursuant to the California Public Records Act <br />(Government Code §6250, et seq.) ("CPRA") as now in force or hereafter amended, or any Law <br />in substitution thereof, or otherwise made available to the public, unless such information is <br />exempt from disclosure pursuant to the applicable sections of CPRA. In the event that a CPRA <br />request is made for any financial statements and records (not including Gross Receipts Statements) <br />and the Lessor determines that the records must be turned over, the Lessor will give Tenant ten <br />(10) days' written notice prior to turning over such records so that Tenant can take any necessary <br />action, including, but not limited to, injunctive relief, to prevent Lessor from turning over such <br />financial 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 <br />in conjunction with Tenant's business with the Lessor, on behalf of the Lessor, or as part of the <br />business that Tenant conducts on the Premises, Tenant covenants and warrants that it will during <br />the course of such activities be Payment Card Industry Data Security Standard ("PCIIDSS") and <br />Payment Application Data Security Standard ("PA/DSS") compliant and will remain compliant <br />during the entire duration of its conduct of such activities. Tenant agrees to immediately notify <br />Lessor in the event Tenant should ever become non -compliant at a time when compliance is <br />required hereunder, and will take all necessary steps to return to compliance and shall be compliant <br />within ten (10) days of the commencement of any such interruption. Upon demand by Lessor, <br />Tenant shall provide to Lessor written certification of Tenant's PCUDSS and/or PA/DSS <br />compliance. <br />19.8 Right to Work and Minimum Wage Laws. <br />19.8.1. Pursuant to the United States of America Fair Labor Standard Act of 1938, <br />as 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 <br />employees no less than the greater of the Federal or California Minimum Wage. <br />19.8.2. 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 <br />Lease. <br />Page137 <br />75A-84 <br />
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