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65B - HOMLESS SHELTER
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65B - HOMLESS SHELTER
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Last modified
6/15/2020 2:24:56 PM
Creation date
6/15/2020 2:19:15 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Community Development
Item #
65B
Date
6/16/2020
Destruction Year
2025
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107:ILyI80A91 <br />was no legal obligation on the part of said Party to pay such sum or any part thereof, said Party shall be entitled to recover such sum or so much thereof as it was not <br />legally required to pay. A Party who does not initiate suit for the recovery of sums paid "under protest" within 6 months shall be deemed to have waived its right to <br />protest such payment. <br />44. Authority; Multiple Parties; Execution. <br />(a) If either Party hereto is a corporation, trust, limited liability company, partnership, or similar entity, each individual executing this Lease on behalf of <br />such entity represents and warrants that he or she is duly authorized to execute and deliver this Lease on its behalf. Each Party shall, within 30days after request, <br />deliver to the other Party satisfactory evidence of such authority. <br />(b) Ifthis Lease is executed by more than one person or entity as "Lessee', each such person or entity shall be jointly and severally liable hereunder. It is <br />agreed that any one of the named Lessees shall be empowered to execute any amendment to this Lease, or other document ancillary thereto and bind all o he <br />named Lessees, and Lessor may rely on the same as if all of the named Lessees had executed such document. <br />(c) This Lease may be executed by the Parties in counterparts, each of which shall be deemed an original and all of which together shall s to one <br />and the same instrument. <br />45. Conflict. Any conflict between the printed provisions of this Lease and the typewritten or handwritten provisions shall be controlled by typew itten or <br />handwritten provisions. <br />46. Offer. Preparation of this Lease by either Party or their agent and submission of same to the other Party shall not be deemed an ertoleas athe other <br />Party. This Lease is not intended to be binding until executed and delivered by all Parties hereto. <br />47. Amendments. This Lease may be modified only in writing, signed by the Parties in interest atthe time of the modificati long eydo not materially <br />change Lessee's obligations hereunder, Lessee agrees to make such reasonable non -monetary modifications to this Lease a aY 6e aso bly required by a Lender <br />in connection with the obtaining of normal financing or refinancing of the Premises. <br />48. Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR RESPECTIVE RIGHTS TO TRIAL BY JURY IN ANY ACT I MS71FQR0 DING INVOLVING THE PROPERTY <br />OR ARISING OUT OF THIS AGREEMENT. \\ <br />49. Arbitration of Disputes. An Addendum requiring the Arbitration of all disputes between the Parties and/or B ers arisig out of this Lease ❑ is V is not <br />attached to this Lease. <br />50. Accesslbility;Amerlcanswith Disabilities Act. <br />(a) The Premises: <br />have not undergone an inspection by a Certified Access Specialist (CASp). Note: A <br />determine whether the subject premises comply with all of the applicable constructior <br />require a CASp inspection of the subject premises, the commercial property owner <br />the subject premises for the occupancy or potential occupancy of the lessee or ten [, <br />arrangements for the time and manner of the CASp inspection, the payment of the f <br />correct violations of construction -related accessibility standards within the pwrmses. <br />❑ have undergone an inspection by a Certified Access Specialist (CASp) a rt w <br />accessibility standards pursuant to California Civil Code §55.51 et seg1@ssee owl, <br />executing this Lease and agrees to keep such report confidential <br />ie^ cess Specialist (CASp) can inspect the subject premises and <br />ed acc ability standards under state law. Although state law does not <br />may not �hibitthe lessee ortenant from obtaining CASp inspection of <br />tested by the lessee or tenant. The pa rties shall mutually agree on the <br />ie CASp inspection, and the cost of making any repairs necessary to <br />hned that the Premises met all applicable construction -related <br />that it received a copy of the inspection report at least 48 hours prior to <br />have undergone an inspection by a Certified Access Speciali (CASp it iAas determined that the Premises did not meet al l applicable construction -related <br />accessibility standards pursuant to California Civil Code §5 t s essee acknowledges that it received a copy of the inspection report at least 48 hours prior to <br />executing this Lease and agrees to keep such report co dential ep s necessary to complete repairs and corrections of violations of construction related <br />accessibility standards. <br />In the event that the Premises have been issued an inspe an rep by a CASp the Lessor shall provide a copy of the disability access inspection certificate to Lessee <br />within 7 days of the execution of this Lease. <br />(b) Since compliance wit he Americans with Disabilities Act (ADA) and other state and local accessibility statutes are dependent upon Lessee's specific <br />use of the Premises, Lessor makes arranty or representation as to whether or not the Premises comply with ADA or any similar legislation. In the event that <br />Lessee's use of the Premises req " e odifications or additions to the Premises in order to be in compliance with ADA or other accessibility statutes, Lessee agrees to <br />make any such necessary mo cations d/or additions at Lessee's expense. <br />LESSOR AND LESSEE HAV REFULLV REA ND REVIEWED THIS LEASE AND EACH TERM AND PROVISION CONTAINED HEREIN AND BY THE EXECUTION OF THIS <br />LEASE SHOW THEIRINF MEDADVOLUNTARVCONSENT THERETO. THE PARTIES HEREBY AGREE THAT, AT THE TIMETHIS LEASE ISEXECUTED, THETERMSOF <br />THIS LEASE ARE COMMER Y REASONABLE AND EFFECTUATE THE INTENT AND PURPOSE OF LESSOR AND LESSEE WITH RESPECT TOTHE PREMISES. <br />ATTENTION: NOrOUNSELAS <br />OR RECOMMENDATION IS MADEBYAIRCRE ORBYANY BROKER AS TO THE LEGAL SUFFICIENCY, LEGAL EFFECT,ORTAX <br />CONSEQUENCES OR THE TRANSACTION TO WHICH IT RELATES. THE PARTIES ARE URGED TO: <br />1. SE ICLAS TOTHE LEGALANDTAX CONSEQUENCES OF THIS LEASE. <br />2. AINA NSULTANTS TO REVIEW AND INVESTIGATE THE CONDITION OF THE PREMISES. SAID INVESTIGATION SHOULD INCLUDE BUT NOT BE <br />LIMI TO: SENCE OF HAZARDOUS SUBSTANCES, THE ZONING OF THE PREMISES, THE STRUCTURAL INTEGRITY, THE CONDITION OF THE ROOF <br />OP NGD THE SUITABILITY OF THE PREMISES FOR LESSEE'S INTENDED USE. <br />WARNNI : I HRE LOCATED IN A STATE OTHER THAN CALIFORNIA, CERTAIN PROVISIONS OF THE LEASE MAY NEED TO BE REVISED TO COMPLY WITH <br />THELAW OFTHE STATE IN WHICH THE PREMISES ARE LOCATED. <br />N Iles hereto have executed this Lease at the place and on the dates specified above their respective signatures <br />Executed at: Executed at: <br />INITIALS INITIALS <br />© 2019AIR CRE. All Rights Reserved. Last Edited: 4/30/20204:53 PM <br />STN-27.30, Revised 11-25-2019 65B-80 Page 15 of 16 <br />
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