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Res19 15814
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Res19 15814
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Last modified
12/19/2019 12:10:56 PM
Creation date
12/19/2019 12:09:14 PM
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Template:
CC Index
CC Index - Document Type
Resolution
Meeting Type
Joint
Agency Type
City Council and Successor Agency and Public Financing Authority
Date
12/16/2019
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beyond the reasonable control of Tenant. Tenant shall keep the New YMCA adequately staffed <br />with sufficient sales personnel to conduct said business in accordance with sound business <br />practice. In the event of breach by the Tenant of any of the covenants or conditions contained <br />in this Paragraph 7, Landlord shall give notice, and if Tenant does not re-establish operations <br />within Thirty (30) days of such notice, Landlord shall have, in addition to any and all remedies <br />provided in law, the right, at Landlord's option, to terminate the Lease and recapture the YMCA <br />Site upon Sixty (60) days' notice. <br />8. Quiet Enjoyment. Landlord covenants that upon payment by Tenant of the rent herein <br />reserved and upon performance and observance by Tenant of all of the agreements, covenants <br />and conditions herein contained on the part of Tenant to be performed and observed, Tenant <br />shall peaceably hold and quietly enjoy the YMCA Site during the entire Term without hindrance, <br />molestation or interruption by Landlord or by anyone lawfully or equitably claiming by, through <br />or under Landlord. <br />9. Allowed and Prohibited Uses. Tenant may use the YMCA Site for any lawful purpose; <br />provided, however, that Tenant intends to construct the Phase 2 Improvements and operate the <br />New YMCA at the YMCA Site. In addition, Tenant shall be afforded access to and use of the Non - <br />Exclusive Common Area, provided however, that any such use shall comply with the use <br />covenants for the tax-exempt bond financing issued by Landlord to finance the improvements <br />constructed in the Non -Exclusive Common Area. Tenant will not use the YMCA Site for any <br />purpose or use which in any manner causes, creates or results in a public or private nuisance or <br />which unreasonably disturbs the public or any other users of the Non -Exclusive Common Area. <br />Tenant shall comply with the Prohibited Uses described on Exhibit E. <br />10. Title to Buildings and Improvements. <br />(a) Title to all buildings, structures and improvements that now, or may from <br />time to time constitute a part of the New YMCA shall be and remain in Tenant until the <br />termination of this Lease. Upon the Termination Date, Tenant may remove from the YMCA Site <br />all machinery, equipment and fixtures. Upon the Termination Date, the improvements and all <br />alterations, additions, equipment, and fixtures shall be deemed to be and shall automatically <br />become the property of Landlord, without cost or charge to Landlord. Landlord agrees that <br />Tenant, at any time prior to the Termination Date, may remove from the YMCA Site any and all <br />equipment which Tenant has furnished for maintenance purposes or for the use of its <br />management or occupancy, provided that Tenant shall repair any physical damage to the YMCA <br />Site caused by the removal of such equipment and property. <br />(b) Tenant, on termination of this Lease, shall execute and deliver any and <br />all deeds, bills of sale, assignments, and other documents which in Landlord's sole judgment may <br />be necessary or appropriate to transfer, to evidence or to vest in Landlord clear title to any of the <br />property described in the foregoing subsection (a) located on the YMCA Site at the time of such <br />termination. Tenant agrees to execute, at the request of Landlord at the end of the Term, a <br />quitclaim deed to Landlord for the improvements. The deed shall be recorded at Landlord's <br />option and expense and Tenant shall provide any other documents that may be reasonably <br />YMCA Ground Lease -5- <br />82483.00016\32493585.6 <br />
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