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Agenda Packet_2026-04-07
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Agenda Packet_2026-04-07
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<br /> <br /> <br />Annual Rent Closed Holes <br />Total Abated Rent = x Inoperable Days x <br />365 Total Holes <br /> <br />D istrict shall review and respond to all City requests for modifications or construction through the <br />D istrict as set forth in Clause 16 (MAINTENANCE <br />OBLIGATIONS OF CITY), below. <br /> <br />16. MAINTENANCE OBLIGATIONS OF CITY CONDITIONS AND CARE OF <br />PREMISES (2.5 SR) <br /> <br />A. City shall, to the satisfaction of D istrict, keep and maintain, or cause to be kept and maintained, <br />the Premises and all City Improvements (as that term is defined in Clause 19, below) of any kind <br />in place and used, occupied, or otherwise operated or maintained by the City on the Premises prior <br />to the Commencement Date, or which may be erected, installed, or made thereon by City or its <br />Licensee or Licensees, during the Term or any Extension Term of this Lease, in good condition <br />and in substantial repair, provided that in the event of (i) substantial damage to any such City <br />Improvements it shall be at City <br />(provided that if the improvements are not to be repaired or replaced, then they shall be placed into <br />a safe condition or removed), as provided in Clause 20 (OPERATIONAL REQUIREMENTS OF <br />CITY) below; or (ii) City or its Licensee(s) ceases to use any improvements, it shall be at City <br />option to not repair or replace any such improvement so long as the improvement is maintained in <br />a safe condition or removed. Subject to the foregoing, it shall be City's responsibility to take all <br />steps necessary or appropriate to maintain such a standard of condition and repair. <br /> <br />B. City shall at its sole cost and expense, keep the Premises clean and in good repair at all times <br />during the entire term of this Lease including clean-up of any trash or debris that migrates into the <br />adjacent Facilities from the Premises. Except as otherwise expressly set forth in this Lease, City <br />shall be responsible for all costs relating to the operation and maintenance of the Premises. <br /> <br />C. City shall be solely responsible for all costs and expenses for any maintenance and repairs <br />necessitated by the actions of City, or Licensee(s), resulting in an extraordinary load imposed on <br />underground utilities outside the Premises which actually causes damage or contamination of <br />Flood Control facilities or property. <br /> <br />D. If City fails to maintain or make repairs or replacements as required herein, D istrict shall notify <br />City in writing of said failure. Should City fail to correct the situation within ten (10) days after <br />receipt of written notice specifying the condition to be corrected (provided that such 10-day period <br />may be extended accordingly if a longer time is reasonably necessary to correct the condition and <br />City promptly commences such cure and diligently prosecutes it to completion), D istrict may make <br />the necessary correction or cause it to be made and the cost thereof, including but not limited to <br />the cost of labor, materials, equipment, shall be paid by City within ten (10) days of receipt of a <br />statement, including reasonable supporting documentation, of said cost from D istrict. <br /> <br />E. If City receives an inspection notice or a deficiency notice following an inspection by any <br />public or regulatory agency having jurisdiction, City agrees to make any and all corrections in the <br />manner required immediately upon receipt of such notice, provided such items and/or corrections <br />. City's failure to comply with <br /> 3/2/2026 Page 7 of 41 Lease Number <br />Agency/Program Standard Revenue Lease Form <br /> <br />
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