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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 />applied by the Lessee in a manner consistent with the applicable provision of Article V or this . <br />Article. If the repairs and reconstruction made pursuant to this Section will exceed One Hundred <br />Thousand Dollars ($ I 00,000), adjusted for inflation, Lessee shall obtain Lessor's written approval <br />before making any such repairs or initiating any such reconstruction. The One Hundred Thousand <br />Dollars ($100,000) shall be adjusted for inflation by increasing or decreasing said number by the <br />percentage increase or decrease in the Consumer Price Index (as defined in 5.1 (e)(3)) from the <br />date ofthis Lease to the date of the repairs and reconstruction performed pursuant to this Section. <br /> <br />6.3 T P~s.p'p., T ps,s.nr, T pnnp.N to hp. M~{if" P::::rrtlP:So in T f"e~l 'Prnr.pp:nines. <br /> <br />(a) In the event proceedings shall be instituted: (i) for the exercise of the <br />power of eminent domain, or (ii) as a result of any damage to or destruction of the Project, the <br />Lessee, the Lessor, and any Lender with a then-outstanding Other Loan shall be made parties to <br />those proceedings, and if not made parties by the petitioning party, shall be brought into the <br />proceedings by appropriate proceedings of other parties so that adjudication may be made of the <br />damages, if any, to be paid to the Lessee, the Lessor and the Lenders as compensation for loss of <br />their rights in the Improvements or the Land, or for damage to or destruction of the Project. <br />Should the Lessor or the Lessee receive notice of institution of any proceedings subject to <br />Section 6.1, the Party receiving such notice shall notifY the other in accordance with Section 9.2 <br />of this Lease, not later than thirty (30) days after receiving such notice. <br /> <br />(b) . The Lessor and the Lessee shall cooperate and consult with each other in <br />all matters pertaining to the settlement, compromise, arbitration, or adjustment of any and <br />all claims and demands for damages on account of damage to or destruction of the Project, or for <br />damages on account of the taking or condemnation of the Project, the Improvements or the Land. <br /> <br />ARTICLE 7: A SSI JR A NrpS OF I PSSOR <br /> <br />7.] T pl;;.(;.nr tn Clivp: Pp:::I("':pfnl Pns.s.p.s,s.;cm <br /> <br />The Lessor covenants that it owns in fee simple, and that it has good and marketable title to <br />the Land and that the Land is free of all easements, covenants, conditions and restrictions except for <br />those exceptions set forth in P"hihit r to this Lease. The Lessor has the full right and authority to <br />make this Lease. The Lessor covenants and warrants that the Lessee and its Residents shall have, <br />hold and enjoy, during the Lease Term, peaceful, quiet and undisputed possession of the Land <br />leased without hindrance or molestation by or from anyone so long as the Lessee is not in default <br />under this Lease. <br /> <br />7.2 1 p(;.lO:.nr to T P~::"'~P PrnjPr.t with M~rkpt!:lhlp Tltlp. <br /> <br />The Lessor covenants and warrants that there are no outstanding liens and encumbrances on <br />the Land, other than as shown on the preliminary title report from Chicago Title Insurance <br />Company dated July 12, 200S. <br /> <br />7.3 Rplp~"p of T ps.Sonr <br /> <br />144\ 105\153233.23 24 <br />
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