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Agenda Packet_2022-04-19
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Agenda Packet_2022-04-19
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EXHIBIT 1 <br />41, Security Measures. Lessee hereby acknowledges that the Rent payable to Lessor hereunder does not include the sort ofguard service or other security <br />measures, and that lessor shall have no obligation whatsoever to provide same. Lessee assumes all responsibility for the protection of the Premises. Lessee, Its <br />agents and invitees and thelr propertVIronn the acts of third parties. <br />42. Reservations. Lessor reserves to Itself the right, from time to time, to gra ntwllhout the consent or joinder of Lessee, such easements, rights and dedications <br />that Lessor deems necessary, and to cause the recordation of parcel maps and restrictions, so long as such easaments, rights, dedications, maps and restrictions do <br />not unreasonably Interfere with the use of (he Premises by lessee. Lessee agrees to sign any documents reasonably requested by lessor to effectuate any such <br />easamontrights, dedkatlon, map orrestrlctions. <br />43. Performance Under Protest, If at anytime a dispute shall arise as to any amount or turn of money to be paid by one Party to the other under the provlslons <br />hereof, the Paftyagatnst whom the obligation to pay the money is asserted shall have the right to make payment "under protest" and such payment shall not be <br />regarded as a voluntary payment and there shall survive the right on the part of said Party to institute suit for recovery of such sum. It It shall be adjudged that there <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) IfeltherPatty hereto Is corporation, trust, limited I',ablilty aompany,partnership. of similar entity, eachindividual executing this Lease an behalf of <br />tuchtnmy represents and warrants that he or she IsduN authorized to execute and deliver thlit.ease on its irthall. Each Party shall, within 30 days after reques4 <br />deliver to the other Party satisfactory e0dence of such authority. <br />(b) If this 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 anyone of the named Lessecs shall beempowered to execute any amendment to this Lease,or other document ancillary thereto and bind all of the <br />named Lessees, and Lessor may reiyon Use same as IF all of the named lessees had executed such document. <br />(c) This Laase may be executed by the Parties In counterparts, each of which shall be deemed an original and all of which together shall constitute one <br />and the same Instrument. <br />45. Conflict. Any conflict between the printed provisions ofthis Lease and the typewritten or handwritten provisions shall be controlled bythe typewritten or <br />handwritten provisions, ( <br />46. Offer. Preparation of this tease by either Partyor 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 undl executed and delivered by all Parties hereto. <br />47. Amendments. This Lease maybe modified only In wilting, signed by the Partiesin 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•monelary modifications to this Lease as may be reasonably required by a lender <br />in connection with the obtaining of normal financing or raflnandng of the Premises. <br />48. Waiver of luryTrfal. THE PARTIES HEREBY WAIVE THEIR RESPECTIVE RIGHTS TO TRIAL BY JURY IN ANY ACTION OR PROCEEDING tNVOLVING THE PROPERTY <br />DR ARISING OUT OF THIS AGREEMENT. <br />49. Arbitration of Disputes. An Addendum requiring the Arbitration of all disputes between the Parties and/or Brokers arising out of this Lease o IS M Is not <br />attached to this Lease. <br />SQ. Accettibtilty;Amerlcanswlth Disabi4ft3Act. <br />(a) The Premises; <br />have not undergone an inspection by a Certified Access Specialist (CASp). NOW A CerbfieclAcce ss Specialist (CASp{ con Inspect the subject premises and <br />determine whether Use subject premises comply with all of the applicable comtructiomretoted 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, It requested bythe lessee or tenant. The parties shall mutually agree an the <br />arrangements for the time and manner of the CASp Inspection, the payment of the fee for the CAS p Inspection, and the cost of making any repairs necessary to <br />correctvlolations of construction -related a cesslbl IILy standards within the premises. <br />have und ergone an inspection by aCerdhed Accessspeciallst (CASpI and It wasdetermined that the Premises met ail applicable construction -related <br />accessibillty standards pursuant to Calllomla Civil Code §55.51 et seq. Lessee acknowledges that It received a copy of the inspectlon report at least 48 hours prior to <br />executing this Lease end agreesto keep such report confidential. <br />El have undergone an Impaction by a Certified AccessSpedallst (CASp) and Itwas determined that the Premises did not meetall applicable conStructiomrelated <br />accesslblilly standards pursuant to California Civil Code §55.5t et seq. Lessee acknowledges that It received a copy of the Inspection report at least48 hours prior to <br />executing this Lease and agrees to keep such report confidential except as necessity to complete repairs and corrections of violations of construction related <br />accessibility standards. <br />In the eventthat the Premises have been Issued an inspection reporttsy a CASp the Lessor shall provide a copy of the dlmblllty access inspection certificate to Lessee <br />within y days of theexecution of thlslease. <br />jb) Since compliance with the Americans with Disabilities Act (ADA) and other slate and local accessibility statutes aredependent upon tessee'sspeciBc <br />use of the Premises, Lessor makes no warranty or representation as to whether or not the Premises comply with ADA or anyslingaf legistaUon. In the avent that <br />Lessee's use of the Premises requires modlfications or additions to the Premises In order to be in compliance with ADA or other actessibliitystatutes, Lessee agrees to <br />make any such necessary modifications and/or additions at Lessee's expense. <br />LESSOR AND LESSEE HAVE CAREFULLY READ AND REVIEWEDTHIS tEASEAND EACH TERM AND PROVISION CONTAINED HEREIN, AND BY THE EXet1fT1ON OF Tilts <br />LEASE SHOW THEIR INFORMED AND VOLUNTARY CONSENT THERETO. THE PARTIES HEREBY AGREE THAT, ATTHE 11MET1itSLEASE I$ EXECUTED, THE TERMS OF <br />THIS LEASE ARECOMMLSRCiALLY REASONABLEAND EFFECTUATE THE INTENT AND PURPOSE Of LESSDR AND LESSEEWIT'H RESPECTTOTHE PREMISES, <br />ENTIONt NO REPRESENTATION OR RECOMMENDATION 15 MADE BY AIR CAE OR BY ANY BROKERAS TOTHE LEGAL SUFFSCIENCY, LEGAL EFFECT, OR TAX <br />INITIALS SZP <br />C 2019 AIR CRE. All Rights Reserved. Last Edited- 2/25/20219:53AM <br />STN"27.30, Revised 11-25.2019 Page 15 of 16 <br />City Council 26 — 17 4/19/2022 <br />
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