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SR 05:219
City of Pleasanton
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SR 05:219
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Last modified
9/15/2005 3:42:36 PM
Creation date
8/12/2005 9:29:51 AM
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CITY CLERK
CITY CLERK - TYPE
STAFF REPORTS
DOCUMENT DATE
8/16/2005
DESTRUCT DATE
15 Y
DOCUMENT NO
SR 05:219
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<br />The tenn of this Lease shall commence on the date of this Lease as set forth above and shall <br />continue from such date until the expiration of fifty-five (55) years, unless earlier tenninated in <br />accordance with this Lease. <br /> <br />2.3 (.;rol1nrl Rpnt rh~rep.~ <br /> <br />The Lessee shall pay to the Lessor rent in the amount of Fifty-Five Dollars ($55), which <br />shall represent payment of rent equal to One Dollar ($1) per year for the first fifty-five (55) years of <br />the Lease Tenn, payable one time only upon execution of this Lease. <br /> <br />2.4 1 T~p {)fPrnjPr.t 91nrl A~s.l1r9ln{':p." ofT P"<::PP. <br /> <br />The Lessor and the Lessee understand and agree that the rent has been set at a nominal <br />amount for the specific purpose of assisting the Lessee to operate and maintain the Project. In <br />consideration of the nominal amount of the rent and the other financial assistance from the Lessor <br />to the Lessee, the Lessee shall use the land and operate the Project in accordance with the uses <br />outlined in this Lease. The Lessee agrees: <br /> <br />(a) to operate the Improvements as an Assisted Living facility in accordance <br />with the tenns of the Assisted Living Laws, the City Regulatory Agreement, and this Lease; <br /> <br />(b) to maintain the character of the Project as required by this Lease and any <br />Other Loan Documents, the City Loan Documents, and the City HELP Loan Documents, for so <br />long as such Other Loan Documents, the City Loan Documents and the City HELP Loan <br />Documents remain in effect; <br /> <br />(c) to select Residents in accordance with Section 2.12; <br /> <br />(d) not to use the Project for any disorderly or unlawful purpose; <br /> <br />(e) to use commercially reasonable efforts to prevent any Resident from <br />committing or maintaining any nuisance or unlawful conduct on or about the Project; <br /> <br />(1) to use commercially reasonable efforts to prevent any Resident from <br />violating any of the covenants and conditions of this Lease with respect to the Project; <br /> <br />(g) to take commercially reasonable action, if necessary, to abate any violation <br />of this Lease by any Resident upon notice from the Lessor; <br /> <br />(h) to provide Lessor with Project annual audited financial statements, copies <br />of the current management plan, and the annual operating budget. Lessee shall also notify <br />Lessor of any fines, citations. or other disciplinary actions brought against Lessee by any <br />government entity charged with enforcing the Assisted Living Laws. In the event any payments <br />due to Lessor as part of this Lease, the City Loan Documents, the City HELP Loan Documents <br />and Other Loan Documents are not paid in full, the Lessee shall meet with Lessor to review <br />alternatives to facilitate full payment; and <br /> <br />144\ I 05\ 153233.23 <br /> <br />5 <br />
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