Laserfiche WebLink
Exhibit D <br />ATTY/AGR/2025/AMEND NO.2 – YMCA MASTER PROJECT AGREEMENT <br />REV: 07-17-25 VR <br />9. Allowed and Prohibited Uses. Tenant may use the YMCA Site for any lawful <br />purpose; provided, however, that Tenant intends to construct the Phase 2 Improvements and operate <br />the New YMCA at the YMCA Site. In addition, Tenant shall be afforded access to and use of the <br />Non-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 purpose <br />or use which in any manner causes, creates or results in a public or private nuisance or which <br />unreasonably disturbs the public or any other users of the Non-Exclusive Common Area. Tenant shall <br />comply with the Prohibited Uses described on Attachment 5. <br />10. Title to Buildings and Improvements. <br />(a) Ground leasehold title to all buildings, structures and improvements that now, <br />or may from 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 all <br />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 become <br />the property of Landlord, without cost or charge to Landlord. Landlord agrees that Tenant, at any <br />time prior to the Termination Date, may remove from the YMCA Site any and all equipment which <br />Tenant has furnished for maintenance purposes or for the use of its management or occupancy, <br />provided that Tenant shall repair any physical damage to the YMCA Site caused by the removal of <br />such equipment and property. <br />(b) Tenant, on termination of this Lease, shall execute and deliver any and all <br />deeds, bills of sale, assignments, and other documents which in Landlord’s sole judgment may be <br />necessary or appropriate to transfer, to evidence or to vest in Landlord clear title to any of the property <br />described in the foregoing subsection (a) located on the YMCA Site at the time of such termination. <br />Tenant agrees to execute, at the request of Landlord at the end of the Term, a quitclaim deed to <br />Landlord for the improvements. The deed shall be recorded at Landlord’s option and expense and <br />Tenant shall provide any other documents that may be reasonably required by Landlord or Landlord’s <br />title company to provide Landlord fee title to the YMCA Site and the improvements thereon free and <br />clear of all monetary liens and monetary encumbrances not caused by or agreed to by Landlord. <br />(c) Upon the recording of the Memorandum of Lease, Tenant may elect to obtain <br />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, reconstruction, <br />repair or alteration of any buildings or improvements which related to the improvements on the <br />YMCA Site. Landlord will from time to time during the Term execute, acknowledge and deliver any <br />and all instruments required to grant rights-of-way and easements in favor of municipal and other <br />governmental authorities or public utility companies incident to the installation of water lines, fire <br />hydrants, sewers, electricity, telephone, gas, steam, and other facilities and utilities reasonably <br />Page 5 of 50