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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 />under state law. Although state law does not require a CASp inspection of the subject premises, <br />the commercial property owner or Lessor may not prohibit the City from obtaining a CASp <br />inspection of the subject premises for the occupancy or potential occupancy of City, if requested <br />by the City. The Parties shall mutually agree on the arrangements for the time and manner of the <br />CASp inspection, the payment of the fee for the CASp inspection, and the cost of making any <br />repairs necessary to correct violations of construction-related accessibility standards within the <br />Premises. <br /> <br />Pursuant to California Civil Code 1938, District hereby represents that the Premises has not <br />undergone an inspection by a certified access specialist, and no representations are made with <br />respect to compliance with accessibility standards. If it is determined during this tenancy that a <br />violation of handicapped access laws (including the Americans with Disabilities Act) exists at the <br />Premises, City shall correct such non-compliance at Citycost. <br /> <br />49. FORCE MAJEURE (5.7 SR) <br /> <br />Force Majeure <br />are beyond the control of either Party: act of God, unavailability of equipment or materials (but <br />only if such equipment and materials were ordered in a timely fashion), enemy or terrorist act, act <br />of war, riot or civil commotion, strike, lockout or other labor disturbance, fire, earthquake, <br />explosion, governmental delays (including nonstandard delays in issuance of any permit or other <br />necessary governmental approval or the scheduling of any inspections or tests), and nonstandard <br />delays by third party utility providers beyond the reasonable control of the Party delayed or failing <br />Best <br />Efforts <br />such event (a) as it is occurring and (b) after it has occurred, to prevent or minimize any resulting <br />delay to the greatest extent possible. Force Majeure shall not include inability to obtain financing <br />or other lack of funds. Lessor and District shall be excused for the period of any delay in the <br />performance of any obligation hereunder when such delay is occasioned by causes beyond its <br />control. <br /> <br />50. CONDEMNATION (5.8 SR) <br /> <br />If the Premises or any portion thereof are taken under the power of eminent domain or sold under <br />Condemnation <br />terminate as to the part of the Premises taken as of the date the condemning authority takes title <br />or possession, whichever first occurs. If all or a material portion of the rentable area of the <br />Premises are taken by Condemnation, City may, at City <br />ten (10) days after District shall have given City written notice of such taking (or in the absence <br />of such notice, within ten (10) days after the condemning authority shall have taken possession) <br />terminate this Lease as of the date the condemning authority takes such possession. District shall <br />also have the right to terminate this Lease if there is a taking by Condemnation of any portion of <br />the building or property that would have a material adverse effect on District <br />operate the remainder of the building. If neither Party terminates this Lease in accordance with <br />the foregoing, this Lease shall remain in full force and effect as to the portion of the Premises <br />remaining, except that the rent shall be reduced in proportion to the reduction in utility of the <br />Premises caused by such Condemnation. Condemnation awards and/or payments shall be the <br />property of District, whether such award shall be made as compensation for diminution in value <br /> 3/2/2026 Page 26 of 41 Lease Number <br />Agency/Program Standard Revenue Lease Form <br /> <br />
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