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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
Metadata
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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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required by Landlord or Landlord's title company to provide Landlord title to the YMCA Site and <br />the improvements thereon free and clear of all monetary liens and monetary encumbrances not <br />caused by or agreed to by Landlord. <br />(c) Upon the recording of the Memorandum of Lease, Tenant may elect to <br />obtain a leasehold policy of title insurance, insuring Tenant's leasehold interest in the YMCA Site. <br />11. Permits, Licenses, Etc. Landlord will from time to time during the Term execute and <br />deliver all applications for permits, licenses or other authorizations required by any municipal, <br />county, state, or Federal authorities, or required in connection with the construction, <br />reconstruction, repair or alteration of any buildings or improvements which related to the <br />improvements on the YMCA Site. Landlord will from time to time during the Term execute, <br />acknowledge and deliver any and all instruments required to grant rights-of-way and easements <br />in favor of municipal and other governmental authorities or public utility companies incident to <br />the installation of water lines, fire hydrants, sewers, electricity, telephone, gas, steam, and other <br />facilities and utilities reasonably required for the construction, use and occupancy of the <br />improvements on the YMCA Site. Tenant shall reimburse Landlord for any sum paid by Landlord <br />specified in this Section 11 (Permits, Licenses, Etc.), only with respect to the New YMCA. <br />12. As -Is Condition of YMCA Site; Phase 2 Improvements; Future Alterations or <br />Improvements to YMCA Site. <br />(a) Tenant acknowledges that prior to the Commencement Date, Tenant has <br />had the opportunity to investigate the YMCA Site and the Non -Exclusive Common Area, enter the <br />YMCA Site and conduct tests thereon and otherwise satisfy itself regarding the physical condition <br />of the YMCA Site and the Non -Exclusive Common Area and their suitability for Tenant's intended <br />use and construction of the Phase 2 Improvements thereon. Tenant's execution of this Lease <br />constitutes Tenant's acceptance of the YMCA Site in its "AS -IS" condition, with all faults. Tenant <br />releases Landlord and any of its subsidiaries and affiliates and their respective officers, directors, <br />shareholders, employees and attorneys from any and all liabilities and claims of any type <br />concerning the condition of the YMCA Site. <br />(b) Following the Commencement Date, Tenant shall proceed with due <br />diligence and dispatch to complete the construction of the Phase 2 Improvements on the YMCA <br />Site and the Non -Exclusive Common Area in a timely manner, as set forth in the Master Project <br />Agreement. <br />(c) All improvements, changes and alterations (other than changes or <br />alterations of movable trade fixtures and equipment or improvements, changes or alterations <br />involving costs less than Ten Thousand Dollars ($10,000)) shall be undertaken in all cases subject <br />to the following conditions which Tenant covenants to observe and perform: <br />(1) No improvement, change or alteration, shall be undertaken until: <br />YMCA Ground Lease -6- <br />82483.00016\32493585.6 <br />
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