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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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CITY CLERK
CITY CLERK - TYPE
RESOLUTIONS
DOCUMENT DATE
10/17/2017
DESTRUCT DATE
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DOCUMENT NO
17969
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maintain In such event, the Lessor's performance of such maintenance shall be at the Lessee's <br /> sole expense and Lessee, upon demand by the Lessor, shall pay to the Lessor all reasonable <br /> expenses incurred by the Lessor in the performance of such maintenance. <br /> (d) If any maintenance, repair, or replacement of landscaping needs <br /> immediate correction as a result of a public safety or health hazard, as reasonably determined by <br /> the City Engineer, and such maintenance is not performed, or cannot be performed, by Lessee <br /> within twenty-four (24) hours of receipt of such notice thereof, the Lessor may perform or cause <br /> to be performed such maintenance at Lessee's expense, and Lessee, upon demand by the Lessor, <br /> shall pay to the Lessor all reasonable expenses incurred by the Lessor in the performance of such <br /> maintenance <br /> Section 7 3 Alterations to Leased Premises. Lessee may make any additions, <br /> alterations or changes (sometimes collectively referred to herein as "Alterations") in or to the <br /> Improvements subject, however, to the following conditions. <br /> (a) No Alterations shall be made that would tend to impair the structural <br /> soundness of the Improvements, <br /> (b) No Alterations shall be undertaken that are prohibited by, or would cause <br /> the Leased Premises, the Improvements, Lessee, or Lessor to be in breach or violation of any <br /> Legal Requirements; <br /> (c) No Alterations shall be undertaken until Lessee shall have procured, to the <br /> extent the same may be required from time to time, all permits and authonzations of all <br /> applicable Governmental Authorities, all require consents of any Lender, and the consent of <br /> Lessor. Lessor shall join in the application for such permits or authonzations whenever such <br /> action is necessary or helpful and is requested by Lessee, and shall use Lessor's reasonable <br /> efforts to obtain such permits or authorization; and <br /> (d) Any Alterations shall be performed in good and workerlike manner and in <br /> compliance with all applicable Legal Requirements and all applicable Insurance Requirements. <br /> (e) Any and all Alterations are consistent with the use of the Leased Premises <br /> as authonzed under this Lease. <br /> (f) Any Alteration that will exceed the sum of Two Hundred Fifty Thousand <br /> Dollars ($250,000) in cost (increasing annually by the amount of the Consumer Pnce Index- <br /> Urban (CPI-U) for the San Francisco-Oakland-San Jose, California metropolitan area) shall <br /> require Lessor's advance written consent which shall not be unreasonably withheld. <br /> Section 7 4 Indemnifications Notwithstanding any other provision of this Lease to the <br /> contrary, and in addition to any other indemnities provided in this Lease, to the fullest extent <br /> permitted by law, Lessee hereby agrees to indemnify,protect, hold harmless and defend (by <br /> counsel reasonably satisfactory to Lessor) the Indemnitees from and against any and all Claims, <br /> ansing from or relating to Lessee's obligations under this Lease or the construction or operation <br /> of the Improvements or any Alterations except to the extent any such Claim arises from the gross <br /> negligence or willful misconduct of the Indemnitees. In addition, if any contractor or <br /> 18 <br /> 191\52\1656915 8 <br /> OAK#4814-9609-1684 v9 <br />
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