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8G Consent 2014 0915
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8G Consent 2014 0915
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Last modified
6/5/2019 9:23:39 AM
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9/10/2014 12:08:03 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Staff Report
Document Date (6)
9/15/2014
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_CC Agenda 2014 0915 CS+RG
(Reference)
Path:
\City Clerk\City Council\Agenda Packets\2014\Packet 2014 0915
Reso 2014-098
(Reference)
Path:
\City Clerk\City Council\Resolutions\2014
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D 0 A Fu <br />(c) Maintenance of the Phase II Parkin Parcel. Maintenan f A Ase <br />Parking Parcel shall be performed as follows: <br />(i) Maintenance of the Phase II Parking Parcel including Phase II <br />Parking Parcel Project -Serving Components shall be performed by the Phase II Parking Parcel <br />Lessee in accordance with this Declaration and the Phase II Parking Parcel Ground Lease. The <br />Phase II Parking Parcel Lessee may delegate this obligation to the BART Parking Parcel <br />Lessee. The Phase II Parking Parcel Lessee shall manage, maintain in good condition, repair, <br />and replace the Phase II Parking Parcel and parts thereof, except for those items (if any) which <br />another Lessee has been designated to manage, maintain, repair, and replace as described in this <br />Declaration, and under no circumstances may the Phase II Parking Parcel Lessee adversely <br />affect the architectural integrity of the Building or its exterior without the prior written consent <br />of the other Lessees. <br />(ii) The other Lessees shall have the right and duty to perform <br />Maintenance of the Phase II Parking Parcel to the extent necessary to mitigate an emergency <br />situation. Before performing Maintenance under this Section 2.8(c)(ii), the other Lessee shall <br />first take all reasonable steps to contact the Parcel II Parking Parcel Lessee to permit the Phase <br />II Parking Parcel Lessee to perform the necessary Maintenance. <br />(iii) Except as provided in Sections 2.8(d) and (e) the cost of <br />Maintenance of the Phase II Parking Parcel shall be borne by the Phase II Parking Parcel <br />Lessee. <br />(d) Cost of Maintenance of Project -Serving Components. The cost of <br />Maintenance of the Project -Serving Components shall be borne by the Lessees in their <br />Designated Shares. <br />(e) Cost for Maintenance Caused by Another Lessee. The cost of any <br />Maintenance of any Parcel required as a result of any act or omission of another Lessee or its <br />Users shall be borne solely by such Lessee. <br />2.9 Maintenance of Phase II Parcel. Maintenance of the Phase II Parcel shall be <br />performed as follows: <br />(a) Except as provided in Section 2.9(d), prior to execution of the Phase II <br />Parcel Ground Lease Maintenance of the Phase II Parcel shall be performed by BART. Upon <br />execution of the Phase II Parcel Ground Lease, Maintenance of the Phase II Parcel shall be <br />performed by the Phase II Parking Parcel Lessee. BART or the Phase II Parking Parcel Lessee, <br />as applicable, shall manage, maintain in good condition, repair, and replace the Phase II Parcel <br />and parts thereof, except for those items (if any) which another Lessee has been designated to <br />manage, maintain, repair, and replace as described in this Declaration. <br />(b) The other Lessees shall have the right and duty to perform Maintenance of <br />the Phase II Parcel to the extent necessary to mitigate an emergency situation. Before <br />performing Maintenance under this Section 2.9(b), the other Lessee shall first take all reasonable <br />steps to contact BART or the Phase II Parking Parcel Lessee, as applicable, to permit BART or <br />12 <br />
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