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8K Consent 2010 0607
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8K Consent 2010 0607
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Last modified
6/5/2019 9:35:50 AM
Creation date
6/4/2010 9:55:11 AM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Staff Report
Document Date (6)
6/7/2010
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PERM
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_CC Agenda 2010 0607
(Reference)
Path:
\City Clerk\City Council\Agenda Packets\2010\Packet 2010 0607
Reso 2010-067
(Reference)
Path:
\City Clerk\City Council\Resolutions\2010
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reasonably related to Lessee's use. Lessee is permitted to store gun club members' personal items on the <br />Premises on a temporary basis. All personal items shall be, when applicable, unloaded, protected and <br />locked in a secure manner when not in use. <br />E. City has required that the East Bay Regional Park District's (the "District") develop <br />a park vehicular and pedestrian access road ("District Access Road") for public use to be located between <br />the Waste Management facility and the Premises, at the terminus of Davis Street, which may require <br />reconfiguration of Lessee's Premises during the Lease term, including but not limited to the <br />Premises parking facilities. <br />Lessee shall cooperate with City and District in the realignment of the District Access <br />Road and by executing this Lease Agreement grants explicit permission to City and District to access the <br />Premises for any and all purposes related to the design and construction of the District Access Road. City <br />shall endeavor to provide notice to Lessee of a schedule of work for the design and construction of the <br />District Access Road, but if such notice fails, Lessee shall have no recourse to prevent such work from <br />proceeding, nor shall Lessee have a cause of action for constructive eviction or any other cause of action <br />based on a reduction or loss of use of the Premises. It is understood and expressly agreed to by Lessee <br />that District's new park entrance will impact the Premises, including but not limited to size, ingress and <br />egress. <br />F. Prohibited Use: Without limiting the foregoing, Tenant shall not do, and shall use <br />its best efforts to prevent anything being done in or about the Premises or bring or keep anything therein, <br />which will in any way conflict with any law which may now or hereafter be enacted, or create a nuisance or <br />commit or suffer to be committed any waste upon the Premises, or use or allow the Premises to be used for <br />any unlawful purpose. <br />G. Other Lease Provisions: This Lease and any amendments hereto are subject to <br />the approval of the City Council of the City. Tenant shall not perform any act, which will cause a <br />cancellation of any insurance policy covering the Premises or any part thereof. <br />Tenant, at Tenant's expense, shall comply with all laws, rules, orders, ordinances, <br />directions, regulations, and requirements of federal, state, county and municipal authorities, now in force or <br />which may hereafter be in force, which shall impose any duty upon Landlord or Tenant with respect to the <br />use, occupation or alteration of the Premises. Tenant further understands and agrees to be responsible <br />and comply with 42 USC Section 12101, et seq., (the "Americans with Disabilities Act") within the Premises, <br />as well as with all similar state laws, including but not limited to California Government Code Section 12900 <br />et seq., (the "Fair Employment and Housing Act") and California Civil Code Section 51 et seq., (the "Unruh <br />Civil Rights Act"). Tenant's failure to comply with any law, ordinance, rule or regulation shall constitute a <br />material breach of this Lease. <br />Lessee shall maintain its status as a non-profit corporation under the laws of the State of <br />California during the term of this lease. No other entity shall be a lessee on the Premises during the Term <br />of this Lease Agreement without the express written consent of the City. City may consult with Lessee <br />regarding other entities that express interest in leasing portions of the Premises. <br />3 <br />
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