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Reso 1997-146 to 150
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Reso 1997-146 to 150
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Resolution
Document Date (6)
12/31/1997
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including all obligations for labor, materials ad services. Lessor acknowledges its <br />awareness that the golf courses will need to be temporarily closed during the <br />Renovation. In connection with the Renovation, but excluding (i) any other capital <br />improvement projects constructed by Lessee during the term of this Lease, (ii) <br />Lessee's operation of the Leased Premises, Lessee, its contractors and subcontractors <br />shall comply with the applicable provisions of the Labor Code pertaining to the <br />payment of prevailing wages for public works contracts. <br />13.5 Lessor's Obligation. Lessor understands that the Renovation will include <br />Lessee's importing substantial amounts of soil to the Leased Premises. Lessor agrees <br />to designate a haul route for such soil reasonably acceptable to Lessee. <br />13.6 Completion. Lessor recognizes that in order to complete the <br />Renovation, Lessee must not only complete construction of the improvements, but <br />also must permit these improvements to "mature" in accordance with usual and <br />customary golf course industry practice in order to attain the qualities ascribed to a <br />golf course characterizes as a championship golf course. Only at such time as, in <br />Lessee's reasonable determination, will improvements have been completed and the <br />golf course is ready to play by the public will the Renovation be considered complete <br />for purposes of this Lease. <br />13.7 Security. As security for the performance of its obligations under this <br />Article 13, Lessee will deliver to Lessor an irrevocable letter of credit ("Letter of <br />Credit") in a form approved by the City Attorney and in the amount of Five Hundred <br />Thousand Dollars ($500,000) issued by a bank acceptable to Lessor and in favor of <br />Lessor. Prior to commencement of the Renovation, Lessee will deliver to Lessor a <br />completion bond or irrevocable letter of credit ("Bond"), in a form acceptable to the <br />City Attorney and equal to one hundred twenty-five percent (125%) of Lessee's total <br />budgeted Renovation costs. Provided that Lessee has delivered the Bond, Lessor will <br />return the Letter of Credit to Lessee sixty (60) days after commencement of the <br />Renovation. <br />13.8 Ownership of Improvements: No Liens. During the Term, all <br />improvements shall be the property of Lessee. All improvements shall become the <br />property of Lessor upon termination of this Lease unless otherwise agreed by Lessor <br />in writing. Lessee shall not have the right to create or permit the creation of any lien <br />attaching to Lessor's interest in the Leased Premises as a result of any construction of <br />any improvements. <br />LEASE AGREEMENT BETWEEN <br />CITY OF SAN LEANDRO AND AMERICAN GOLF PAGE 17 <br />11/13/97 FINAL, 1:\WPD\CSL\l36\OtWGREE\GOLFCOUR\AGREEU.EASE.CLN <br />
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