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RES 2024040
City of Pleasanton
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RES 2024040
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6/18/2024 4:24:22 PM
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CITY CLERK
CITY CLERK - TYPE
RESOLUTIONS
DOCUMENT DATE
6/4/2024
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12 <br />4859-3312-3005v3 <br />balance payable under the Note in lieu of treating such payments as Rent. Any unpaid balance <br />of Aggregate Rent shall be due and payable by not later than June 30, 2079. <br />Section 4.2 Payments. All Rent, Additional Rent, and other sums, if any, due Lessor <br />hereunder shall be paid by Lessee to Lessor at the address of Lessor set forth hereinafter for <br />notices, or to such other person and/or at such other address as Lessor may direct by written <br />notice to Lessee, without notice or demand, and without abatement, deduction or set off. <br />ARTICLE 5. <br />TAXES AND OTHER IMPOSITIONS; UTILITIES <br />Section 5.1 Payment of Impositions. As and when the same shall become due, Lessee <br />will pay all of the Impositions, except that if any Imposition that Lessee is obligated to pay in <br />whole or in part is permitted by law to be paid in installments, Lessee may pay or cause to be <br />paid such Imposition (or its proportionate part thereof) in installments as and when such <br />installments become due. Upon the written request of Lessor, Lessee shall provide to Lessor <br />evidence satisfactory to Lessor of payment of all Impositions. During the first and last years of <br />the Term, all Impositions shall become payable during each calendar, fiscal, tax or Lease Year, <br />as applicable, shall be ratably adjusted on a per diem basis between Lessor and Lessee in <br />accordance with the respective portions of such calendar, fiscal, tax, assessment or Lease Year <br />during the Term. If any special assessments are payable in installments, Lessee shall pay only <br />those installments that are due and payable during the Term. <br />Section 5.2 Possessory Interest Taxes. Notwithstanding any contrary provision of this <br />Lease, Lessee shall be responsible for payment of any possessory interest taxes payable in <br />connection with this Lease and the Leasehold Estate. <br />Section 5.3 Contested Taxes and Other Impositions. <br />(a) Lessee, in its own name or in the name of Lessor if prior written consent of <br />Lessor is obtained by Lessee, may contest the validity or amount of any Imposition relating to <br />all or any portion of the Leased Premises, in which event the payment thereof, if authorized by <br />applicable law, may be deferred during the pendency of such contest, if diligently prosecuted. <br />If applicable law is silent on or expressly disallows deferring payment pending the contest of <br />validity, Lessee shall timely pay any Imposition that is subject to dispute under protest, <br />reserving any and all rights for repayment from the applicable taxing entity if resolution of such <br />contest results in a decision or judgment in Lessee’s favor. <br />(b) As may be necessary or desirable, Lessor or Lessee, as applicable, upon the <br />request of the other Party, shall use reasonable efforts to assist in any such proceeding to contest <br />the validity or amount of any Imposition. <br />Section 5.4 Valuation Assessment/Property Tax Exemption. If applicable, Lessee may <br />attempt to obtain a lowering of the assessed valuation of the Leased Premises for any year or <br />obtain a property tax exemption for the purpose of reducing taxes thereon. In such event, upon <br />Lessee’s request, Lessor shall use reasonable efforts to assist Lessee in such endeavor; provided, <br />however, that Lessor shall incur no liability or otherwise be construed as being in default under
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