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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 /> <br />City agrees to reimburse and indemnify, and defend D istrict for any expenses incurred because of <br />the failure of the Premises to conform with any and all applicable laws, rules, regulations, building <br />codes, statutes, and orders, including the costs of making any alterations, renovations, or <br />accommodations required by the ADA, or any governmental enforcement agency, or any court, <br />any and all fines, civil penalties, and damages awarded against D istrict resulting from a violation <br />or violations of the above-cited laws, rules, regulations, building codes, statutes, and orders and <br />regulations, and all reasonable legal expenses incurred in defending claims made under the above- <br />referenced laws, rules, regulations, building codes, statutes, and orders, including reasonable <br />City fail to comply with the provisions of this Clause 26, City may be <br />found in City Default and the D istrict may exercise those remedies set forth in Clause 32 <br />(DEFAULTS AND REMEDIES). <br /> <br />27. DAMAGE TO OR DESTRUCTION OF CITY IMPROVEMENTS (3.5 SR) <br /> <br />City Improvements shall be maintained at the sole risk of the City, and District shall not be liable <br />for any loss of or damage to said property resulting from any cause whatsoever unless such loss or <br />damage is the result of D istrict <br />pursuant to Clause 4 RIGHT OF ENTRY) above. <br /> <br />As a result of use by the City and in the event of damage to or destruction of City Improvements <br />located within the Premises or in the event City Improvements located within the Premises are <br />declared unsafe or unfit for use or occupancy by a public entity with the authority to make and enforce <br />such declaration, City shall, within thirty (30) days, commence and diligently pursue to completion <br />the repair, replacement, or reconstruction of City Improvements to the same size and area as they <br />existed immediately prior to the event causing the damage or destruction, as necessary to permit full <br />use and occupancy of the Premises for the purposes required by the Lease. Repair, replacement, or <br />reconstruction of City Improvements within the Premises shall be accomplished in a manner and <br />according to plans approved by the Director. Except as otherwise provided herein, termination of <br />this Lease shall not reduce or nullify City's obligation under this paragraph. With respect to damage <br />or destruction to be repaired by D istrict or which D istrict elects to repair, City waives and releases its <br />rights under California Civil Code Sections 1932 (2) and 1933 (4). <br /> <br />D istrict shall not be liable for any damage to City Improvements located on the Premises, nor for <br />the loss of or damage to any improvements of City or others by theft or otherwise. All <br />improvements of City located or kept on the Premises shall be so kept or located at the risk of City <br />unless such damage is caused by D istrict willful misconduct or gross negligence. <br /> <br />28. CITY PERSONAL PROPERTY <br /> <br />City personal property kept or stored on the Premises shall be kept or stored and maintained at the <br />risk of City and District shall not be liable for any loss of or damage to said property resulting from <br />any cause whatsoever unless such loss or damage is the result of D istrict <br />misconduct and not otherwise waived pursuant to Clause 4 <br />AND RIGHT OF ENTRY) above. <br /> <br />If City abandons or quits the Premises or is dispossessed thereof by process of law or otherwise, <br />title to any personal property belonging to and left on the Premises fifteen (15) days after such <br /> 3/2/2026 Page 20 of 41 Lease Number <br />Agency/Program Standard Revenue Lease Form <br /> <br />
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