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Item 68 - Crossroads at Washington Affordable Housing Project at 1126, 1136, & 1146 East Washigton Ave.
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Item 68 - Crossroads at Washington Affordable Housing Project at 1126, 1136, & 1146 East Washigton Ave.
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City Clerk
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Agenda Packet
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Clerk of the Council
Item #
68
Date
6/21/2022
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<br />Page | 9 <br />4894-6811-3695v.2 0017787-000542 <br /> <br />1.1.58. “Treasurer-Tax Collector” shall mean the Treasurer-Tax Collector, County <br />of Orange, or designee, or upon written notice to Tenant, such other person or entity as may be <br />designated by the Board of Supervisors. <br /> <br />1.1.59. “Trust MHSA Loan” shall mean that certain loan in the amount of two <br />million, five hundred thousand dollars ($2,500,000), representing a Trust Mental Health Service Act <br />loan from the Orange County Housing Trust to the Tenant. <br /> <br />1.1.60. “Utility Costs” is defined in Section 3.6.6. <br /> <br />1.1.61. “Work” shall mean both Tenant’s construction activity with respect to the <br />Improvements, including permitted future changes, alterations and renovations thereto and also <br />including, without limiting the generality of the foregoing, site preparation, landscaping, installa tion <br />of utilities, street construction or improvement and grading or filling in or on the Premises. <br /> <br />ARTICLE II <br />LEASE OF PROPERTY <br /> <br />2.1 Lease of Premises. <br /> <br />2.1.1. Lessor hereby leases the Premises to Tenant for the Term, and Tenant hereby <br />leases the Premises from Lessor for the Term, subject to the terms, conditions, covenants, restrictions <br />and reservations of this Lease. <br /> <br />2.1.2. Warranty of Peaceful Possession. Lessor covenants and warrants that, subject <br />to the Tenant’s payment of Rent and performance and observation of all of the covenants, obligations <br />and agreements herein contained and provided to Tenant, Tenant shall and may peaceably and <br />quietly have, hold, occupy, use and enjoy the Premises during the Term and may exercise all of its <br />rights hereunder. Except as otherwise set forth herein, the Lessor covenants and agrees that they <br />shall not grant any mortgage or lien on or in respect of its fee interest in the Premises unless the same <br />is expressly subject and subordinate to this Lease or any New Lease . <br /> <br />2.2 Term. The “Term” of this Lease shall commence on the Effective Date of this Lease, <br />and shall expire at 12:00 midnight Pacific Standard Time on the 62nd anniversary of the <br />Commencement Date, unless sooner terminated as a result of Tenant’s non-compliance with any <br />terms, conditions, covenants, restrictions or reservations of this Lease. Notwithstanding the <br />foregoing, the Term shall not exceed sixty five (65) years from the Effective Date. <br />2.3 Termination at End of Term. This Lease shall terminate without need of further <br />actions of any Party at 12:00 midnight Pacific Standard Time on the last day of the Term. <br />2.4 Condition of the Premises. TENANT HEREBY ACCEPTS THE PREMISES “AS <br />IS”, AND ACKNOWLEDGES THAT THE PREMISES IS IN SATISFACTORY <br />CONDITION. COUNTY AND AGENCY MAKES NO WARRANTY, IMPLIED OR <br />OTHERWISE, AS TO THE SUITABILITY OF THE PREMISES FOR TENANT’S <br />PROPOSED USES. COUNTY AND AGENCY MAKE NO COVENANTS OR <br />WARRANTIES, IMPLIED OR OTHERWISE, RESPECTING THE CONDITION OF THE <br />SOIL, SUBSOIL, OR ANY OTHER CONDITIONS OF THE PREMISES OR THE <br />EXHIBIT 15
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