Lessee’s Maintenance and Repair Obligations. Lessee shall maintain the Premises, including paved or unpaved ground surfaces and Improvements thereon (including the Promenade, but excluding the Excluded Conditions and excluding the Seawall), in conformance with the Minimum Standards regarding the use and occupancy of commercial and anchorage projects in Marina del Rey, as revised from time to time by County in a manner consistent with commercially reasonable maintenance standards applicable to other commercial and anchorage projects in Marina del Rey (the “Maintenance Standard”). Any dispute as to whether revisions to the Maintenance Standard adopted by the County from time to time pursuant to the immediately preceding sentence is commercially reasonable shall be submitted to arbitration pursuant to Article 16 of this Lease. Without limiting the foregoing, at Lessee’s sole cost and expense, but subject to the terms and conditions of this Lease, Lessee shall keep and maintain the Premises (including the Promenade) and all equipment, Improvements or physical structures of any kind which may exist or be erected, installed or made on the Premises in good and substantial repair and condition, including without limitation capital improvements and structural and roof repairs and replacement, and shall make all necessary repairs and alterations and replacements thereto, except as otherwise provided in this Article 10. Lessee’s obligations shall include the obligation to keep all dock facilities in good repair and condition in accordance with the Minimum Standards. Lessee shall undertake such repairs, alterations or replacements in compliance with Applicable Laws, the Maintenance Standard and the terms and provisions of this Article 10. Lessee shall maintain all Improvements on the Premises (except for the Excluded Conditions and the Seawall) in a safe, clean, wholesome and sanitary condition, in the commercially reasonable judgment of Director, and in compliance with all Applicable Laws. Lessee shall, at its own cost and expense, install, maintain and replace landscaping between the streets abutting the Premises and the building footprints on the Premises as is necessary in the commercially reasonable judgment of the Director to maintain the appearance of the Premises in a manner consistent with the Maintenance Standard. Lessee specifically agrees to provide proper containers for trash and garbage which are screened from public view, to keep the Premises free and clear of rubbish and litter. County in its proprietary capacity shall have the right to enter upon and inspect the Premises at any reasonable time for cleanliness, safety and compliance with this Section 10.1, as long as such entrance is not done in a manner which would unreasonably interfere with the operation of the Premises. The exclusion of the Excluded Conditions and the Seawall from Lessee’s maintenance obligations under this Section 10.1 shall not relieve Lessee from the obligation to repair and restore any damage to the Excluded Conditions and/or the Seawall caused by Lessee, its agents, employees, subtenants or contractors, or by Improvements constructed by or on behalf of Lessee, and Lessee hereby agrees to perform such repair or restoration work at Lessee’s sole cost and expense. Lessee shall at all times during the Term keep all Anchorage Facilities in good repair and condition in accordance with the requirements of the Minimum Standards. During the Term Lessee shall also complete float repair and replacement on an as-needed basis. Any requirement for repair of the Anchorage Facilities due to a deficiency notice issued by the Department shall be accomplished with new materials and parts rather than patching or other like method. Such required replacement of deficiency-cited items with wholly new parts and materials shall, however, be limited to the specific area or item in disrepair and shall not connote a requirement, for maintenance purposes, that areas or items surrounding the deficient area or item be replaced. Lessee shall cause all trees located on the Premises to be trimmed and otherwise maintained in compliance with the Marina Del Rey tree trimming policy attached to this Lease as Exhibit D, as such policy is updated from time to time by County.
Appears in 1 contract
Samples: Lease Agreement
Lessee’s Maintenance and Repair Obligations. Lessee shall maintain the Premises, including paved or unpaved ground surfaces and Improvements thereon (including the Promenade, but excluding the Excluded Conditions and excluding the Seawall), in conformance with the Minimum Standards regarding the use and occupancy of commercial and anchorage projects in Marina del Rey, as revised from time to time by County in a manner consistent with commercially reasonable maintenance standards applicable to other commercial and anchorage projects in Marina del Rey (the “Maintenance Standard”). Any dispute as to whether revisions to the Maintenance Standard adopted by the County from time to time pursuant to the immediately preceding sentence is commercially reasonable shall be submitted to arbitration pursuant to Article 16 of this Lease. Without limiting the foregoingshall, at all times during the Term hereof, and at Lessee’s 's sole cost and expense, but subject keep, maintain and repair the Premises such that it is kept in good and tenantable condition, reasonable wear and tear excepted, including, without limitation, the maintenance and repair of the store front, doors, window casements, interior walls, interior lights, floor coverings, booths, counters, tables, kitchen equipment and appliances, glazing, HVAC systems, plumbing, pipes, electrical wiring, conduits and utility connections, and shall keep the Premises neat, clean and sanitary, free from any accumulation of debris or waste materials. Lessee shall also maintain all landscaped areas on the Premises. Lessee shall promptly make all necessary replacements, repairs and alterations necessary to fulfill the terms maintenance and conditions repair obligations under this Lease. Lessee shall also, at its sole cost and expense, be responsible for any alterations, improvements or replacements necessitated as a result of the requirement of any municipal, state or federal authority. All replacements shall be of a quality equal to or exceeding that of the original. Lessee shall not commit, suffer or permit any nuisance, waste, damage or destruction to occur in or about the Premises and or permit the use of the Premises for any illegal or immoral purpose. Lessee shall place all rubbish in authorized containers and promptly sweep and clean sidewalks, loading and service areas, and parking areas. Generally, Lessee shall keep the Premises neat and clean, in good and tenantable condition, reasonable wear and tear excepted. Lessee expressly waives any right pursuant to any law now existing, or which may be effective during the term hereof, to make repairs at Lessor’s expense, including, without limitation, the provisions of Sections 1941 and 1942 of the California Civil Code, and any provisions amendatory thereof or supplemental thereto. If, pursuant to Section 9.02(b) hereof, Lessee is authorized to remove any improvements, including FF&E, trade fixtures or appliances, from the Premises upon the expiration or sooner termination of this Lease, Lessee shall keep and maintain the Premises (including the Promenade) and all equipment, Improvements or physical structures of any kind which may exist or be erected, installed or made on the Premises in good and substantial repair and condition, including without limitation capital improvements and structural and roof repairs and replacement, and shall make all necessary repairs and alterations and replacements thereto, except as otherwise provided in this Article 10. Lessee’s obligations shall include the obligation to keep all dock facilities in good repair and condition in accordance with the Minimum Standards. Lessee shall undertake such repairs, alterations or replacements in compliance with Applicable Laws, the Maintenance Standard and the terms and provisions of this Article 10. Lessee shall maintain all Improvements on the Premises (except for the Excluded Conditions and the Seawall) in a safe, clean, wholesome and sanitary condition, in the commercially reasonable judgment of Director, and in compliance with all Applicable Laws. Lessee shall, do so at its own cost and expense, install, maintain and replace landscaping between the streets abutting the Premises and the building footprints on the Premises as is necessary in the commercially reasonable judgment of the Director to maintain the appearance of the Premises in a manner consistent with the Maintenance Standard. Lessee specifically agrees to provide proper containers for trash and garbage which are screened from public view, to keep the Premises free and clear of rubbish and litter. County in its proprietary capacity shall have the right to enter upon and inspect the Premises at any reasonable time for cleanliness, safety and compliance with this Section 10.1, as long as such entrance is not done in a manner which would unreasonably interfere with the operation of the Premises. The exclusion of the Excluded Conditions and the Seawall from Lessee’s maintenance obligations under this Section 10.1 shall not relieve Lessee from the obligation to repair and restore any damage to the Excluded Conditions and/or the Seawall caused by Lessee, its agents, employees, subtenants or contractors, or by Improvements constructed by or on behalf of Lessee, and Lessee hereby agrees to perform such repair or restoration work at Lessee’s sole cost and expense. Lessee shall at all times during the Term keep all Anchorage Facilities in good repair and condition in accordance with the requirements of the Minimum Standards. During the Term Lessee shall also complete float repair and replacement on an as-needed basis. Any requirement for repair of the Anchorage Facilities due to a deficiency notice issued by the Department shall be accomplished with new materials and parts rather than patching or other like method. Such required replacement of deficiency-cited items with wholly new parts and materials shall, however, be limited to the specific area or item in disrepair and shall not connote a requirement, for maintenance purposes, that areas or items surrounding the deficient area or item be replaced. Lessee shall cause all trees located on the Premises to be trimmed and otherwise maintained in compliance with the Marina Del Rey tree trimming policy attached to this Lease as Exhibit D, as such policy is updated from time to time by County.
Appears in 1 contract
Samples: Agreement for Purchase and Sale
Lessee’s Maintenance and Repair Obligations. Lessee shall maintain the Premises, including paved or unpaved ground surfaces and Improvements thereon (including the Promenade, but excluding the Excluded Conditions and excluding the Seawall), in conformance with the Minimum Standards such reasonable rules and regulations regarding the use and occupancy of commercial and anchorage residential apartment projects in Marina del ReyRey (such as the Premises) as may be promulgated by County from time to time for general applicability on a non-discriminatory basis, as revised from time to time by County in a manner consistent with commercially reasonable maintenance standards applicable to other commercial and anchorage projects in Marina del Rey (the “Maintenance Standard”). Any dispute as to whether revisions to the Maintenance Standard adopted by the County from time to time pursuant to the immediately preceding sentence is commercially reasonable shall be submitted to arbitration pursuant to Article 16 of this Leasetime. Without limiting the foregoing, at Lessee’s sole cost and expense, but subject to the terms and conditions of this Lease, Lessee shall keep and maintain the Premises (including the Promenade) and all equipment, Improvements or physical structures of any kind which may exist or be erected, installed or made on the Premises in good and substantial repair and condition, including without limitation capital improvements and structural and roof repairs and replacement, and shall make all necessary repairs and alterations and replacements thereto, except as otherwise provided in this Article 10. 10 (except that during periods of construction of the Renovation Work or Alterations or reconstruction of damaged or destroyed Improvements, Lessee’s obligations as to the areas of the Premises under construction shall include the obligation to keep all dock facilities in good repair and condition in accordance with the Minimum Standardsbe controlled by Article 5 of this Lease). Lessee shall undertake such repairs, alterations or replacements in compliance with Applicable Laws, or as reasonably required in writing by Director to Lessee incident to the Maintenance Standard and the terms and provisions of this Article 10. Lessee shall maintain all Improvements on the Premises (except for the Excluded Conditions and the Seawall) in a safe, clean, wholesome clean and sanitary condition, in to the commercially reasonable judgment satisfaction of Director, Director and in compliance with all Applicable Laws. Lessee shall, at its own cost and expense, install, maintain and replace landscaping between the streets abutting the Premises and the building footprints on the Premises as is necessary in the commercially reasonable judgment of the Director reasonably satisfactory to maintain the appearance of the Premises in a manner consistent with the Maintenance StandardDirector. Lessee specifically agrees to provide proper containers for trash and garbage which are screened from public view, to keep the Premises free and clear of rubbish and litter. County in its proprietary capacity shall have the right with reasonable notice to enter upon and inspect the Premises at any reasonable time for cleanliness, safety and compliance with this Section 10.1, as long as such entrance is not done in a manner which would unreasonably interfere with the operation of the Premises. The exclusion of the Excluded Conditions and the Seawall from Lessee’s maintenance obligations under this Section 10.1 shall not relieve Lessee from the obligation to repair maintain and restore any damage to the Excluded Conditions and/or the Seawall caused by Lessee, its agents, employees, subtenants or contractors, or by Improvements constructed by or on behalf of Lesseeis absolute, and Lessee hereby agrees to perform such repair is not in any way dependent upon the existence or restoration work at Lessee’s sole cost and expense. Lessee shall at all times during the Term keep all Anchorage Facilities availability of insurance proceeds, except as otherwise provided in good repair and condition in accordance with the requirements of the Minimum Standards. During the Term Lessee shall also complete float repair and replacement on an as-needed basis. Any requirement for repair of the Anchorage Facilities due to a deficiency notice issued by the Department shall be accomplished with new materials and parts rather than patching or other like method. Such required replacement of deficiency-cited items with wholly new parts and materials shall, however, be limited to the specific area or item in disrepair and shall not connote a requirement, for maintenance purposes, that areas or items surrounding the deficient area or item be replaced. Lessee shall cause all trees located on the Premises to be trimmed and otherwise maintained in compliance with the Marina Del Rey tree trimming policy attached to this Lease as Exhibit D, as such policy is updated from time to time by CountyLease.
Appears in 1 contract
Samples: Lease Agreement
Lessee’s Maintenance and Repair Obligations. Lessee shall maintain the Premises, including paved or unpaved ground surfaces and Improvements thereon (including the Promenade, but excluding the Excluded Conditions and excluding the Seawall), in conformance with the Minimum Standards regarding the use and occupancy of commercial and anchorage projects in Marina del Rey, Rey (such as the Premises) as revised from time to time by County in a manner consistent with commercially reasonable maintenance standards applicable to other comparable commercial and anchorage and/or public park projects (as applicable) in Marina del Rey (the “Maintenance Standard”). Any dispute as to whether revisions to the Maintenance Standard adopted by the County from time to time pursuant to the immediately preceding sentence is commercially reasonable shall be submitted to arbitration pursuant to Article 16 of this Lease. Without limiting the foregoing, at Lessee’s sole cost and expense, but subject to the terms and conditions of this Lease, Lessee shall keep and maintain the Premises (including the Promenade) and all equipment, Improvements or physical structures of any kind which may exist or be erected, installed or made on the Premises in good and substantial repair and condition, including without limitation capital improvements and structural and roof repairs and replacement, and shall make all necessary repairs and alterations and replacements thereto, except as otherwise provided in this Article 10. 10 (except that during periods of construction of the Redevelopment Work or other Alterations or reconstruction of damaged or destroyed Improvements, Lessee’s obligations as to the areas of the Premises under construction shall include the obligation to keep all dock facilities in good repair and condition in accordance with the Minimum Standardsbe controlled by Article 5 of this Lease). Lessee shall undertake such repairs, alterations or replacements in compliance with Applicable Laws, or as reasonably required in writing by Director to Lessee incident to the Maintenance Standard and the terms and provisions of this Article 10. Lessee shall maintain all Improvements on the Premises (except for other than the Excluded Conditions and the Seawall) in a safe, clean, wholesome and sanitary condition, in to the commercially reasonable judgment satisfaction of Director, Director and in compliance with all Applicable Laws. Lessee shall, at its own cost and expense, install, maintain and replace landscaping between the streets abutting the Premises and the building footprints on the Premises as is necessary in the commercially reasonable judgment of the Director reasonably satisfactory to maintain the appearance of the Premises in a manner consistent with the Maintenance StandardDirector. Lessee specifically agrees to provide proper containers for trash and garbage which are screened from public view, to keep the Premises free and clear of rubbish and litter. County in its proprietary capacity shall have the right with reasonable notice to enter upon and inspect the Premises at any reasonable time for cleanliness, safety and compliance with this Section 10.1, as long as such entrance is not done in a manner which would unreasonably interfere with the operation of the Premises. The exclusion of the Excluded Conditions and the Seawall from Lessee’s maintenance obligations under this Section 10.1 shall not relieve Lessee from the obligation to repair and restore any damage to the Excluded Conditions and/or or the Seawall caused by Lessee, its agents, employees, subtenants Sublessees or contractors, or by Improvements constructed by or on behalf of Lessee, and Lessee Xxxxxx hereby agrees to perform such repair or restoration work at Lessee’s sole cost and expense. Lessee shall at all times during the Term keep all Anchorage Facilities in good repair and condition in accordance with the requirements of the Minimum Standards. During the Term Lessee shall also complete float repair and replacement on an as-needed basis. Any requirement for repair of the Anchorage Facilities due to a deficiency notice issued by the Department shall be accomplished with new materials and parts rather than patching or other like method. Such required replacement of deficiency-cited items with wholly new parts and materials shall, however, be limited to the specific area or item in disrepair and shall not connote a requirement, for maintenance purposes, that areas or items surrounding the deficient area or item be replaced. Lessee shall cause all trees located on the Premises to be trimmed and otherwise maintained in compliance with the Marina Del Rey tree trimming policy attached to this Lease as Exhibit D, as such policy is updated from time to time by County.
Appears in 1 contract
Samples: Lease Agreement
Lessee’s Maintenance and Repair Obligations. Lessee shall maintain the Premises, including paved or unpaved ground surfaces and Improvements thereon (including the Promenade, but excluding the Excluded Conditions and excluding the SeawallConditions), in conformance with the Minimum Standards regarding the use and occupancy of commercial and anchorage residential projects in Marina del Rey, Rey (such as the Premises) as revised from time to time by County in a manner consistent with commercially reasonable maintenance standards applicable to other commercial and anchorage comparable residential projects (as applicable) in Marina del Rey (the “Maintenance Standard”). Any dispute as to whether revisions to the Maintenance Standard adopted by the County from time to time pursuant to the immediately preceding sentence is commercially reasonable shall be submitted to arbitration pursuant to Article 16 of this Lease. Without limiting the foregoing, at Lessee’s sole cost and expense, but subject to the terms and conditions of this Lease, Lessee shall keep and maintain the Premises (including the Look-Outs, following the recordation of the Look-Out Amendment and the Promenade) and all equipment, Improvements or physical structures or other Improvements of any kind which may exist or be erected, installed or made on the Premises in good and substantial repair and condition, including without limitation capital improvements and structural and roof repairs and replacement, and shall make all necessary repairs and alterations and replacements thereto, except as otherwise provided in this Article 10. 10 (except that during periods of construction of the Renovation Work or other Alterations or reconstruction of damaged or destroyed Improvements, Lessee’s obligations as to the areas of the Premises under construction shall include the obligation to keep all dock facilities in good repair and condition in accordance with the Minimum Standardsbe controlled by Article 5 of this Lease). Lessee shall undertake such repairs, alterations or replacements in compliance with Applicable Laws, or as reasonably required in writing by Director to Lessee incident to the Maintenance Standard and the terms and provisions of this Article 10. Lessee shall maintain all Improvements on the Premises (except for including the Look-Outs, following the recordation of the Look-Out Amendment, and the Promenade, but excluding the Excluded Conditions and the SeawallConditions) in a safe, clean, wholesome and sanitary condition, in to the commercially reasonable judgment satisfaction of Director, Director and in compliance with all Applicable Laws. Lessee shall, at its own cost and expense, install, maintain and replace landscaping between the streets abutting the Premises and the building footprints on the Premises as is necessary in the commercially reasonable judgment of the Director reasonably satisfactory to maintain the appearance of the Premises in a manner consistent with the Maintenance StandardDirector. Lessee specifically agrees to provide proper containers for trash and garbage which are screened from public view, to keep the Premises free and clear of rubbish and litter. County in its proprietary capacity shall have the right with reasonable notice to enter upon and inspect the Premises at any reasonable time for cleanliness, safety and compliance with this Section 10.1, as long as such entrance is not done in a manner which would unreasonably interfere with the operation of the Premises. The exclusion of the Excluded Conditions and the Seawall from Lessee’s maintenance obligations under this Section 10.1 shall not relieve Lessee from the obligation to repair and restore any damage to the Excluded Conditions and/or the Seawall caused by Lessee, its agents, employees, subtenants or contractors, or by Improvements constructed by or on behalf of Lessee, and Lessee hereby agrees to perform such repair or restoration work at Lessee’s sole cost and expense. Lessee shall at all times during the Term keep all Anchorage Facilities in good repair and condition in accordance with the requirements of the Minimum Standards. During the Term Lessee shall also complete float repair and replacement on an as-needed basis. Any requirement for repair of the Anchorage Facilities due to a deficiency notice issued by the Department shall be accomplished with new materials and parts rather than patching or other like method. Such required replacement of deficiency-cited items with wholly new parts and materials shall, however, be limited to the specific area or item in disrepair and shall not connote a requirement, for maintenance purposes, that areas or items surrounding the deficient area or item be replaced. Lessee shall cause all trees located on the Premises to be trimmed and otherwise maintained in compliance with the Marina Del Rey tree trimming policy attached to this Lease as Exhibit D, as such policy is updated from time to time by County.this
Appears in 1 contract
Samples: Lease Agreement
