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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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Clerk of the Council
Item #
68
Date
6/21/2022
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<br />Page | 15 <br />4894-6811-3695v.2 0017787-000542 <br />from time to time reasonably determine to be reasonably necessary for the use of the Premises and <br />which are otherwise permitted by Law for the sole purpose to provide affordable housing and/or <br />emergency shelter. <br />4.1.4. Restricted Use. The services and uses listed in this Section 4.1, both required <br />and optional, shall be the only services and uses permitted. Tenant agrees not to use the Premises for <br />any other purpose or engage in or permit any other activity within or from the Premises unless <br />approved in writing by the Lessor, which approval may be granted or withheld in the sole discretion <br />of the Lessor. <br />4.1.5. Continuous Use. During the Term, Tenant shall continuously conduct <br />Tenant’s business in the Premises in the manner provided under this Lease and shall not discontinue <br />use of the Premises for any period of time except in the case of a Force Majeure Event or as <br />permitted in advance and in writing by the Lessor. <br />4.1.6. Alcohol Restrictions. Tenant shall not permit the sale or service of alcoholic <br />beverages on the Premises. <br />4.1.7. Permits and Licenses. Tenant shall be solely responsible to obtain, at its sole <br />cost and expense, any and all permits, licenses or other approvals required for the uses permitted <br />herein and shall maintain such permits, licenses or other approvals for the entire Term. <br />4.2 Nuisance; Waste. Tenant shall not maintain, commit, or permit the maintenance or <br />commission of any nuisance as now or hereafter defined by any statutory or decisional law applicable <br />to the Premises and Improvements or any part thereof. Tenant shall not commit or allow to be <br />committed any waste in or upon the Premises or Improvements and shall keep the Premises and the <br />Improvements thereon in good condition, repair and appearance. <br />4.3 Compliance with Laws. Tenant shall not use or permit the Premises or the <br />Improvements or any portion thereof to be used in any manner or for any purpose that violates any <br />applicable Laws. Tenant shall have the right to contest, in good faith, any such Laws, and to delay <br />compliance with such Laws during the pendency of such contest (so long as there is no material <br />threat to life, health or safety that is not mitigated by Tenant to the satisfaction of the applicable <br />authorities). Lessor may cooperate with Tenant in all reasonable respects in such contest, including <br />joining with Tenant in any such contest if County and/or Agency’s joinder is required in order to <br />maintain such contest; provide, however, that any such contest shall be without cost to Lessor, and <br />Tenant shall indemnify, defend (with attorneys acceptable to Lessor), and hold harmless the Lessor <br />from any and all claims, liabilities, losses, damages, or actions of any kind and nature, including <br />reasonable attorneys’ fees, arising or related to Tenant’s failure to observe or comply with the <br />contested Law during the pendency of the contest. <br />4.4 Hazardous Materials. <br />4.4.1. Definition of Hazardous Materials. For purposes of this Lease, the term <br />“Hazardous Material” or “Hazardous Materials” shall mean any hazardous or toxic substance, <br />material, product, byproduct, or waste, which is or shall become regulated by any governmental <br />entity, including, without limitation, the County and/or Agency acting in their governmental <br />capacity, the State of California or the United States government. <br />EXHIBIT 15
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