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Agmt25 YMCA-SV Second Amendment
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Agmt25 YMCA-SV Second Amendment
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Last modified
8/8/2025 3:32:26 PM
Creation date
8/8/2025 3:32:04 PM
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Agreement
PROJECT NAME
Master Project agreement
RMP File Number
304
Date
8/1/2025
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Exhibit D <br />ATTY/AGR/2025/AMEND NO.2 – YMCA MASTER PROJECT AGREEMENT <br />REV: 07-17-25 VR <br />required for the construction, use and occupancy of the improvements on the YMCA Site. Tenant <br />shall reimburse Landlord for any sum paid by Landlord specified in this Section 11 (Permits, <br />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 had <br />the opportunity to investigate the YMCA Site and the Non-Exclusive Common Area, enter the <br />YMCA Site and the Non-Exclusive Common Area, and conduct tests thereon and otherwise satisfy <br />itself regarding the physical condition of the YMCA Site and the Non-Exclusive Common Area and <br />their suitability for Tenant’s intended use and construction of the Phase 2 Improvements thereon. <br />Tenant’s execution of this Lease constitutes Tenant’s acceptance of the YMCA Site in its “AS-IS” <br />condition, with all faults. Tenant releases Landlord and any of its subsidiaries and affiliates and their <br />respective officers, directors, shareholders, employees and attorneys from any and all liabilities and <br />claims of any type concerning the condition of the YMCA Site. <br />(b) Following the Commencement Date, Tenant shall proceed with due diligence <br />and dispatch to commence and complete the construction of the Phase 2 Improvements upon the <br />YMCA Site and in the Non-Exclusive Common Area within the times set forth in the Schedule of <br />Performance, Exhibit E to the Master Project Agreement. <br />(c) All improvements, changes and alterations (other than changes or alterations <br />of movable trade fixtures and equipment or improvements, changes or alterations involving costs less <br />than Ten Thousand Dollars ($10,000)) shall be undertaken in all cases subject to the following <br />conditions which Tenant covenants to observe and perform: <br />(1) No improvement, change or alteration, shall be undertaken until: <br />(i) Landlord shall have reasonably approved the site plan and <br />plans and specifications for such Phase 2 Improvements; <br />(ii) Tenant shall have procured and paid for, so far as the same may <br />be required from time to time, all municipal and other governmental permits and authorizations of <br />the various municipal departments and governmental subdivisions having jurisdiction, and Landlord <br />agrees to join in the application for such permits or authorizations whenever such action is necessary. <br />(2) All work done in connection with any improvement, change or <br />alteration shall be done promptly and in a good and workmanlike manner and in compliance with all <br />laws, ordinances, orders, rules, regulations and requirements of all Federal, state and municipal <br />governments and the appropriate departments, commissions, boards and officers thereof. All work <br />for the New YMCA shall be at the sole cost and expense of Tenant. All Non-Exclusive Common <br />Area improvements for Phase 2 shall be shared, as more particularly set forth in the Master Project <br />Agreement. <br />Page 6 of 50
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