ARES ASSET MANAGEMENT, LLC - Laserfiche WebLink

Home Browse Search

Landlord may assign any parking spaces and/or make all or a portion of such spaces reserved or institute an attendant-assisted tandem parking program and/or valet parking program if Landlord determines in its sole discretion that such is necessary or desirable for orderly and efficient parking. Landlord specifically reserves the right,from time to time,to change the size, configuration, design, layout, location and ail other aspects of the Parking Facilities, and Tenant acknowledges and agrees that Landlord, from time to time, may, without incurring any liability to Tenant and without any abatement of Rent under this Lease temporarily close-off or restrict access to the Parking Facilities, or temporarily relocate Tenant's parking spaces to other parking structures and/or surface parking areas within a reasonable distance from the Parking Facilities, for purposes of permitting or facilitating any such construction, alteration or improvements or to accommodate or facilitate renovation, alteration, construction or other modification of other Improvements or structures located on the Property. Landlord may delegate its responsibilities hereunder to a parking operator In which case such parking operator shall have all the rights of control attributed hereby to Landlord. The parking rates charged by Landlord for the parking passes issued to Tenant shall be exclusive of any parking tax or other charges imposed by governmental authorities In connection with the use of such parking, which taxes and/or charges shall be paid directly by Tenant or the parking users, or, if directly imposed against Landlord, Tenant shall reimburse Landlord for all such taxes and/or charges within ten (10) days after Tenant's receipt of the invoice from Landlord, Any parking passes provided to Tenant are provided solely for use by Tenant's own personnel and such passes may not be transferred, assigned,subleased or otherwise alienated by Tenantwithout Landlord's prior approval. 37, Required Accessibility Disclosure. Landlord hereby advises Tenant that the Project has not undergone an inspection by a certified access specialist, and except to the extent expressly set forth in this Lease, Landlord shall have no liability or responsibility to make any repairs or modifications to the Premises or the Project in order to comply with accessibility standards. The following disclosure is hereby made pursuant to applicable California law: "A Certified Access Specialist (CASp) can inspect the subject premises and determine whether the subject premises comply with all of the applicable construction-related accessibility standards under state law. Although state law does not 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 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 arrangements forthe 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 correct violations of construction- related accessibility standards within the premises." [Cal. Civ. Code Section 9938(e)] Any CASp inspection shall be conducted in compliance with reasonable rules in effect at the Project with regard to such inspections and shall be subject to Landlord's prior written consent. 38. Tenant Not a Qualified Commercial Tenant. Tenant hereby represents and warrants to Landlord that as of the date of execution and delivery of ---- ---this-Lease,._-Tenant is_-not--a_".qualifled-commercial--tenant" .under AheJerms-of California—law.--.Linder applicable California law, a "qualified commercial tenant" means and includes an entity which Is (i) a private non-profit organization under 501(c)(3) with fewer than 20 employees, (ii) a restaurant with fewer than 10 employees, or(111) a sole proprietorship, partnership, limited liability company or corporation with 5 or fewer employees (Including the owner)which entity generally lacks sufficient access to loans, equity, or other financial capital. If at any time during the Term of this Lease, Tenant becomes an entity which is a"qualified commercial tenant"in accordance with the terms of applicable California law,Tenant covenants and agrees that Tenant shall promptly deliver to Landlord written notice confirming that Tenant has become a "qualified commercial tenant" and setting forth in reasonable detail the facts that support Tenant's qualification as a"qualified commercial tenant". Following Landlord's receipt of such written notification by Tenant, Tenant covenants and agrees to execute and deliver to Landlord such additional provisions and 4 HUTTON CENTRE SMRH;4898-2595-6110.5 _1�- City of Santa Ana(Police Substation) 072325 92ZK-404113 2219691.1