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RES 17969
City of Pleasanton
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RES 17969
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11/7/2017 3:56:57 PM
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11/7/2017 3:38:37 PM
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CITY CLERK
CITY CLERK - TYPE
RESOLUTIONS
DOCUMENT DATE
10/17/2017
DESTRUCT DATE
PERMANENT
DOCUMENT NO
17969
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(a) During the Term Lessor hereby grants to Lessee, without warranty <br /> express or implied, any right, title, or interest that Lessor may have in the Improvements now or <br /> hereafter located on the Leased Premises. Notwithstanding any provision in this Lease to the <br /> contrary, the Improvements and all alterations, additions, equipment, and fixtures built, made or <br /> installed by Lessee in, on, under or to the Leased Premises or Improvements shall be the sole <br /> property of Lessee until the expiration of the Term or other termination of this Lease, provided, <br /> however, that Lessee shall have no right to destroy, demolish or remove the Improvements <br /> except as specifically provided for in this Lease or as approved in writing by Lessor It is the <br /> intent of the parties hereto that this Lease shall create a constructive notice of severance of the <br /> Improvements from the Leased Premises without the necessity of a deed from Lessor after the <br /> Improvements have been constructed Notwithstanding the foregoing, Lessee shall be permitted <br /> to demolish the improvements located on the Leased Premises as of the Commencement Date, <br /> provided that all work related to such demolition is performed in compliance with all Legal <br /> Requirements, including without limitation, all Environmental Laws. <br /> (b) After the Term Upon the expiration of the Term or other termination of <br /> the Lease, the Improvements and all alterations, additions, equipment and fixtures shall be <br /> deemed to be and shall automatically become the property of Lessor, without cost or charge to <br /> Lessor Lessor agrees that Lessee, at any time prior to the expiration or other termination of this <br /> Lease, may remove from the Leased Premises any and all equipment which Lessee has furnished <br /> for maintenance purposes or for the use of the Management Agent, provided that Lessee shall <br /> repair any physical damage to the Leased Premises caused by the removal of such equipment and <br /> property. Lessee agrees to execute, at the request of Lessor at the end of the Term, a <br /> confirmatory quitclaim deed of the Improvements to Lessor to be recorded at Lessor's option and <br /> expense and any other documents that may be reasonably required by Lessor or Lessor's title <br /> company to provide Lessor title to the Leased Premises and the Improvements free and clear of <br /> all monetary liens and monetary encumbrances not caused or agreed to by Lessor Without <br /> limiting the foregoing, upon the expiration or sooner termination of this Lease, Lessee shall <br /> deliver the Leased Premises and the Improvements to Lessor free of all monetary liens and <br /> encumbrances unless otherwise consented to in writing by Lessor Any equipment or other <br /> personal property not removed from the Leased Premises by the expiration of the Term shall <br /> become the property of Lessor, and Lessor shall have the right to dispose of such equipment and <br /> property in the manner of Lessor's choosing <br /> Section 3.5 Benefits of Improvement During Term Lessor acknowledges and agrees <br /> that any and all depreciation, amortization and tax credits for federal or state tax purposes <br /> relating to the Improvements located on the Leased Premises and any and all additions thereto, <br /> substitutions therefor, fixtures therein and other property relating thereto shall be deducted or <br /> credited exclusively by Lessee during the Term <br /> ARTICLE 4. <br /> RENTS <br /> Section 4 1 Ground Rent For each Lease Year during the Term during which rent <br /> charged to residential Tenants is restricted by a regulatory agreement recorded for the benefit of <br /> TCAC or another governmental agency that imposes rent restnctions that are more stnngent than <br /> 11 <br /> 191\52\1656915 8 <br /> OAK#4834-9609-1684 v9 <br />
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