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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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Clerk of the Council
Item #
68
Date
6/21/2022
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<br />Page | 26 <br />4894-6811-3695v.2 0017787-000542 <br />Tenant’s insurance upon the Premises, less (i) any costs, fees, or expenses incurred by Tenant in <br />connection with the adjustment of the loss or collection of the proceeds, (ii) any reasonable costs <br />incurred by Tenant in connection with the Premises after the damage or destruction, which costs are <br />eligible for reimbursement from such insurance proceeds, (iii) any amounts applied by Leasehold <br />Mortgagees in accordance with the terms of their respective Leasehold Mortgages, and (iv) the <br />proceeds of any rental loss or business interruption insurance applicable prior to the date of surrender <br />of the Premises to the Lessor. <br />7.2 Restoration. In the event of any restoration or reconstruction pursuant to this Section, all <br />such work performed by Tenant shall be constructed in a good and workmanlike manner according to <br />and in conformance with the Laws, rules and regulations of all governmental bodies and agencies <br />and the requirements of this Lease applicable to the construction of the Initial Improvements. <br />7.3 No Rental Abatement. Tenant shall not be entitled to any abatement, allowance, <br />reduction, or suspension of Rent because part or all of the Improvements become untenantable as a <br />result of the partial or total destruction of the Improvements, and Tenant’s obligation to keep and <br />perform all covenants and agreements on its part to be kept and performed hereunder, shall not be <br />decreased or affected in any way by any destruction of or damage to the Improvements; except as <br />otherwise provided herein. <br />7.4 Application of Insurance Proceeds. If following the occurrence of damage or <br />destruction to the Premises or Improvements, Tenant is obligated to or determines that there are <br />adequate proceeds to restore the Premises and Improvements pursuant to this Article VII, then all <br />proceeds from the insurance required to be maintained by Tenant on the Premises and the <br />Improvements shall be applied, subject to the rights of the Leasehold Mortgagees and Limited <br />Partner, if applicable, to fully restore the same, and, subject to the rights of the Leasehold <br />Mortgagees and Limited Partner, if applicable, any excess proceeds shall be paid to Tenant and any <br />deficit in necessary funds plus the amount of any deductible shall be paid by Tenant. If Tenant after <br />commencing or causing the commencement of the restoration of Premises and Improvements shall <br />determine that the insurance proceeds are insufficient to pay all costs to fully restore the <br />Improvements, Tenant shall pay the deficiency and shall nevertheless proceed to complete the <br />restoration of Premises and the Improvements and pay the cost thereof. Upon lien free completion of <br />the restoration, subject to the rights of the Leasehold Mortgagees, if applicable, any balance of the <br />insurance proceeds remaining over and above the cost of such restora tion shall be paid to Tenant. <br />7.5 Exclusive Remedies. Notwithstanding any destruction or damage to the Premises and/or <br />the Improvements, Tenant shall not be released from any of its obligations under this Lease, except <br />to the extent and upon the conditions expressly stated in this Article VII. County, Agency and <br />Tenant hereby expressly waive the provisions of California Civil Code Sections 1932(2) and 1933(4) <br />with respect to any damage or destruction of the Premises and/or the Improvements and agree that <br />their rights shall be exclusively governed by the provisions of this Article VII. <br />7.6 Damage Near End of Term. If, during the last three (3) years of the Term, as <br />applicable, the Improvements shall be damaged or destroyed for which the repair and/or replacement <br />cost is fifty percent (50%) or more of then replacement cost of the Improvements, then Tenant shall <br />have the option, to be exercised within ninety (90) days after such damage or destruction: <br />7.6.1. to notify the Lessor of its election to repair or restore the Improvements as <br />provided in this Article VII; or <br />EXHIBIT 15
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