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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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17 <br />4859-3312-3005v3 <br />Engineer, and such maintenance is not performed, or cannot be performed, by Lessee within <br />twenty-four (24) hours of receipt of such notice thereof, the Lessor may perform or cause to be <br />performed such maintenance at Lessee’s expense, and Lessee, upon demand by the Lessor, shall <br />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 additions, alterations or <br />changes in or to the Improvements (“Alterations”) subject, however, to the following <br />conditions: <br />(a) No Alterations shall be made that would tend to impair the structural soundness of <br />the Improvements; <br />(b) No Alterations shall be undertaken that are prohibited by, or would cause the <br />Leased Premises, the Improvements, Lessee, or Lessor to be in breach or violation of any Legal <br />Requirements; <br />(c) No Alterations shall be undertaken until Lessee shall have procured, to the extent <br />the same may be required from time to time, all permits and authorizations of all applicable <br />Governmental Authorities, all required consents of any Lender, and the consent of Lessor. Lessor <br />shall join in the application for such permits or authorizations whenever such action is necessary <br />or helpful and is requested by Lessee, and shall use Lessor’s reasonable efforts to obtain such <br />permits or authorization; <br />(d) All Alterations shall be performed in good and workmanlike manner and in <br />compliance with all applicable Legal Requirements and all applicable Insurance Requirements; <br />and <br />(e) All Alterations shall be consistent with the use of the Leased Premises as <br />authorized under this Lease. <br /> <br /> <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 Price 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 Indemnification. 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 />arising from or relating to Lessee’s obligations under this Lease or the rehabilitation, <br />construction or operation of the Improvements or any Alterations except to the extent any such <br />Claim arises from the gross negligence or willful misconduct of the Indemnitees. In addition, if <br />any contractor or subcontractor that performed any construction work for Lessee or Lessee’s <br />affiliates on the Improvements or Alterations shall assert any claim against Lessor on account of <br />any damage alleged to have been caused by reason of acts of negligence of Lessee or Lessee’s <br />affiliates, members, partners, officers, directors, affiliates, agents, employees or construction
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