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Page 13 of 35 <br />30.Surety Bond: <br />a) Prior to the issuance of any permit hereunder, Lessee shall provide Lessor with a <br />performance bond naming Lessor as oblige in the amount of $600,000 for the work <br />to be performed by or on behalf of Lessee within and affecting the property <br />described herein to guarantee and assure the faithful performance of Lessee’s <br />obligations under this Lease. Lessor shall have the right to draw against the <br />performance bond in the event of a default by Lessee or in the event that Lessee <br />fails to meet and fully perform any of Lessee’s obligations. The form of the <br />performance bond shall be approved by Lessor. The performance bond shall <br />remain in full force for sixty (60) days after the work to be performed is completed, <br />inspected, accepted and released by the Lessor, or earlier if Lessor otherwise <br />releases Lessee. <br />b)Lessee shall provide Lessor with a removal bond in the amount of $150,000 to <br />remain in full force and effect for the Term of the Lease. Lessor shall have the right <br />to draw against the removal bond in the event the Project must be removed from <br />the Lease Premises as described in this Lease. Lessee shall provide Lessor’s staff <br />with a third-party cost estimate for removal of the fiber optic cables and HDPE <br />conduit from the Lease Premises within two (2) years of the Effective Date. Upon <br />Lessor’s staff’s approval of the estimate, the Removal Bond amount listed in <br />Section 1 is modified to the higher of the two amounts, and Lessee must provide <br />Lessor with a surety bond for any outstanding amount within 60 days of Lessor’s <br />staff’s approval of that cost estimate. Lessor may further modify the surety bond as <br />described in Section 3- General Provisions, Subsection 10. The removal bond <br />required by this Lease may be reviewed and updated for sufficiency by Lessor on <br />each fifth anniversary of this Lease (i.e., the fifth, tenth, fifteenth, etc.) and the <br />amount of the bond may be increased as needed to cover the estimated cost for <br />potential removal of the improvements on the Lease Premises. Lessor’s lack of <br />review at any fifth anniversary shall not waive or prejudice Lessor’s ability to review <br />and update the bond at any subsequent fifth anniversary. <br />c)All surety bonds must be issued by a company or companies admitted doing business <br />in the State of California. All bonds are to be placed with companies with a current A.M. <br />Best’s rating of no less than A+. Any exception to these requirements must be approved <br />by the City Risk Manager or designee. <br />31.Lease Management Agreement – Lessee shall reimburse Lessor in full for all <br />reasonable costs and expenses incurred by Lessor related to Lessee’s occupation of <br />the Lease Premises that Lessee may incur which are not already covered by the <br />Consideration. In the event Lessor has cost or expenses to submit to Lessee under this <br />section, the Parties shall meet and confer with respect to such costs and come to an <br />DocuSign Envelope ID: 8D8CF2E2-DF6D-4A11-B610-2B1544DD7C30