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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
DESTRUCT DATE
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13 <br />4859-3312-3005v3 <br />this Lease for any assistance (or limitation of assistance) provided to Lessee pursuant to this <br />Section. <br />Section 5.5 Failure to Pay Impositions. If Lessee fails to pay any Impositions before <br />the same become delinquent, except if Lessee is in good faith contesting such Impositions <br />pursuant to Section 5.3 hereof, Lessor, at its election, may pay such Impositions (but shall not be <br />obligated to pay same), together with any interest and penalties due thereon, and the amount so <br />paid by Lessor shall be repayable to Lessor by Lessee, with an additional interest payment <br />payable to Lessor in an amount of 10% of the total payment (including interest and payments) <br />paid by Lessor for the Imposition, or the maximum amount of interest allowable pursuant to law, <br />whichever is less, within thirty (30) days as Additional Rent hereunder. <br />Section 5.6 Utilities. Lessee shall pay all charges for all utilities used, rendered or <br />supplied upon or in connection with the Improvements and the operation, rehabilitation or <br />construction thereof including, but not limited to, all charges for gas, electricity, light, heat or <br />power, all telephone and other communications services, all water rents and sewer service <br />charges, and all sanitation fees or charges (all of the foregoing, collectively “Utility Charges”) <br />levied or charged against the Leased Premises during the Term; provided, however, that Lessee <br />shall have no responsibility hereunder for the payment of Utility Charges for utilities supplied by <br />the respective providers directly to Tenants for such Tenants’ use in connection with the <br />occupancy of their respective residential units unless otherwise provide in the applicable Tenant <br />Lease. Notwithstanding any contrary provision of this Lease, Lessor shall have no responsibility <br />for payment of any Utility Charges. <br />ARTICLE 6. <br />INSURANCE <br />Section 6.1 Required Insurance Coverage. Throughout the term of this Lease, Lessee <br />shall maintain the following policies of insurance and shall comply with the requirements set <br />forth in this Article 6 and the requirements set forth in Exhibit B of the Regulatory Agreement. <br />(a) Property Insurance. Lessee shall keep the Leased Premises insured against loss <br />or damage by a standard all risk policy, excluding earthquake risks, in amounts such that the <br />proceeds of such insurance shall not be less than the full replacement value of the Improvements. <br />(b) Liability and Property Damage Insurance. During the Lease Term, Lessee shall <br />keep in full force and effect a policy or policies of comprehensive general liability and property <br />damage insurance against liability for bodily injury to or death of any person or property damage <br />arising out of an occurrence on or about the Leased Premises. The limits of such insurance shall <br />be not less than Two Million Dollars ($2,000,000) combined single limit each occurrence, Four <br />Million Dollars ($4,000,000) annual aggregate, together with Ten Million Dollars ($10,000,000) <br />excess liability coverage, or such other policy limits as Lessor may require in its reasonable <br />discretion, including coverage for bodily injury, property damage, hired and non-owned <br />automobile liability, products, completed operations and contractual liability coverage. <br />(c) Workers’ Compensation Insurance. Lessee shall require all contractors <br />performing work on the Leased Premises to carry workers’ compensation insurance covering all
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