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FULL AGENDA PACKET_2021-04-06
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FULL AGENDA PACKET_2021-04-06
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Clerk of the Council
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4/6/2021
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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 offer to lease to the other <br />Party. This Lease is not intended to be. binding until executed and delivered by all Parties hereto. <br />47. Amendments. This Lease maybe modified only in writing, signed by the Parties in interest at the time of the modification. As long as they do not materially <br />change Lessee's obligations hereunder, Lessee agrees to make such reasonable non -monetary modifications to this Lease as may be reasonably required by a Lender <br />in connection with the obtaining Of normal financing or refinancing of the Premises. <br />48. <br />49. Arbitration of Disputes- An Addendum requiring the Arbitration of all disputes between the Parties and/or Broken arising out of this Lease ❑ is Q is not <br />attached to this Lease. <br />50. Accessibility; Amerlcarta with DisabllHies AcL <br />(a) The Premises: <br />have not undergone an inspection by a Certified Access Specialist (CASp). Note: A Certified Access Specialist (CASp) can inspect the subject premises and <br />Determine whether the subject premises comply with all of the applicable construction related accessibility standards under state law. Although state law does not <br />require a CASp inspection of the subject premises, the commercial property owner or lessor may not prohibit the lessee or tenant from obtaining a CASp inspection of <br />the subject premises for the occupancy or potential occupancy of the lessee or tenant, if requested by the lessee or tenant. The parties shall mutually agree on the <br />arrangements for the time and manner of the CASp inspection, the payment of the fee for the CASp inspection, and the cost of making any repairs necessary to <br />correct violations of construction related accessibility standards within the premises. <br />❑ have undergone an inspection by a Certified Access Specialist (CASp) and it was determined that the Premises met all applicable construction -related <br />accessibility standards pursuant to California Civil Code 655.51 et seq. Lessee 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 confidential. <br />f...I have undergone an inspection by a Certified Access Specialist (CASp) and it was determined that the Premises did not meet all applicable eonstructlon-related <br />accessibility standards pursuant to California Civil Code 455-51 et seq- Lessee 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 confidential except as 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 Inspection report by a CASp the Lessor shall provide a copy of the disability access inspection certificate to Lessee <br />Lessee's use of the Premises requires modifications or additions to the Premixes in order to be in compliance with ADA or other accessibility statutes, Lessee agrees to <br />make any such necessary modifications and/or additions at Lessee's expense. <br />LESSOR AND LESSEE HAVE CAREFULLY READ AND REVIEWED THIS LEASE AND EACH TERM AND PROVISION CONTAINED HEREIN, AND BY THE EXECUTION OF THIS <br />LEASE SHOW THEIR INFORMED AND VOLUNTARY CONSENT THERETO. THE PARTIES HEREBY AGREE THAT, AT THE TIME THIS LEASE D EXECUTED, THE TERMS OF <br />THIS LEASE ARE COMMERCIALLY REASONABLE AND EFFECTUATE THE INTENT AND PURPOSE OF LESSOR AND LESSEE WITH RESPECT TO THE PREMISES. <br />ATTENTION: NO REPRESENTATION OR RECOMMENDATION IS MADE BY AIR CRE OR BY ANY BROKER AS TO THE LEGAL SUFFKIENCX LEGAL EFFECT, OR TAX <br />CONSEQUENCES OF THIS LEASE OR THE TRANSACTION TO WHICH IT RELATES. THE PARTIES ARE URGED TO. <br />1. SEEK ADVICE OF COUNSEL AS TO THE LEGAL AND TAX CONSEQUENCES OF THIS LEASE- <br />2. RETAIN APPROPRIATE CONSULTANTS TO REVIEW AND INVESTIGATE THE CONDITION OF THE PREMISES, SAID INVESMATION SHOULD INCLUDE BUT NOT BE <br />LIMITED TO: THE POSSIBLE PRESENCE OF HAZARDOUS SUBSTANCES, THE ZONING OF THE PREMISES, THE STRUCTURAL INTEGRITY, THE CONDITION OF THE ROOF <br />AND OPERATING SYStEMS, AND THE SUITABILITY OF THE PREMISES FOR LESSEE'S INTENDED USE. <br />WARNING: IF THE PREMISES ARE LOCATED IN A STATE OTHER THAN CALIFORNIA. CERTAIN PROVISIONS OF THE LEASE MAY NEED TO BE REVISED TO COMPLY WITH <br />THE LAWS OF THE STATE IN WHICH THE PREMISES ARE LOCATED. <br />The parties hereto have executed this Lease at the place and on the dates specified above their respective signatures. <br />Executed at! _ <br />By LESSOR: <br />Rick D Ka ff -20 <br />_ Na <br />Name Printed: <br />Title: <br />Phone: <br />Fax: <br />Email: <br />By: <br />Executed at: <br />On: — <br />By LESSEE: <br />City of Santa Ana <br />By: See Attached <br />Name Printed: <br />Title: <br />Phone: <br />Fax: u <br />Email - <br />By: <br />Name Printed: Name Printed: <br />Page 15 of 16 <br />INITIALS Fr' t�� F'fp1I Ir1 I dd '77((1��� INITIALS <br />io 2017 AIR CRE:Ipill Qgh>NeServed STG-24!.!! titAied 11-01.2017 <br />
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