RES 16831 - Laserfiche WebLink

development and operation of the Improvements on the Land in accordance with the restrictions and requirements set forth in Article 3 hereof Further, Lessee agrees: (a) not to use the Leased Premises for any disorderly or unlawful purpose; (b) to use reasonable efforts to prevent any Tenant from committing or maintaining any nuisance or unlawful conduct on or about the Leased Premises; (c) to use reasonable efforts to prevent any action by any Tenant that would cause Lessee to violate any of the covenants and conditions of this Lease with respect to the Improvements; (d) to take reasonable action, if necessary, to abate any action by any Tenant that violates, or that would cause Lessee to violate this Lease; and (c) subject to the laws of the State of California and the rights of Tenants, to permit Lessor and its agents to inspect the Leased Premises or any part thereof at any reasonable time during the Term. Section 2.4 Possession. Lessor agrees to and shall provide possession of the Leased Premises to Lessee upon close of construction financing, free and clear of all rights to possession or use by any tenants or other individuals or entities other than Lessee (except as disclosed to Lessee or apparent from Lessee's inspection), and free and clear of any encumbrances except as expressly approved by Lessee in writing. Lessee hereby approves the Regulatory Agreement and encumbrances associated with the Senior Lender, the City Loan and the County Loan. The Parties acknowledge that as of the Commencement Date the Land is developed with forty (40) occupied dwelling units, and that in connection with the development of the Project, Lessee will relocate the tenants of such units and demolish the existing improvements. Section 2.5 Memorandum of Lease. The Parties shall execute and acknowledge a memorandum of ground lease, substantially in the form attached hereto as Exhibit C, which shall be recorded at Lessee's expense Section 2.6 AS-IS Conveyance. Lessee specifically acknowledges that Lessor is leasing the Leased Premises to Lessee on an "AS IS", "WHERE IS" and "WITH ALL FAULTS" basis and that except as may be expressly stated in this Lease or the DDLA, Lessee is not relying on any representations or warranties of any kind whatsoever, express or implied, from Lessor as to any matters concerning the Leased Premises, including without limitation: (i) the quality, nature, adequacy and physical condition of the Leased Premises, including, but not limited to, appurtenances, access, landscaping, parking facilities, (ii) the quality, nature, adequacy, and physical condition of soils, geology and any groundwater, (iii) the existence, quality, nature, adequacy and physical condition of utilities serving the Leased Premises, (iv) the development potential of the Leased Premises, and the Leased Premises' use, merchantability, or fitness, suitability, value or adequacy of the Leased Premises for any particular purpose, (v)the zoning or other legal status of the Leased Premises or any other public or private restrictions on use of the Leased Premises, (vi) the compliance of the Leased Premises or its operation with any Environmental Laws, covenants, conditions and restrictions of any governmental or quasi- governmental entity or of any other person or entity, (vii) the presence or removal of Hazardous 8 191\52\1656915.8 OAK#4834-9609-1684 v8