Common use of Maintenance and Alterations Clause in Contracts

Maintenance and Alterations. Upon prior written agreement with the District’s Director of Planning, CMP shall be allowed to conduct such upgrades/alterations, and/or renovation of the facility as is agreed upon. Any such changes shall be done by the District at CMP’s expense. Such written agreement must include the following information: (1) who will perform the work; (2) the timeline for completion; and (3) the cost, if any, that will be charged by the District to pay for the changes. All alterations, additions, and/or improvements to the facility must be made in compliance with District standards and procedures and/or standards applicable to public school districts. In the event District consents to the making of any alterations, additions or improvements to the Premises by CMP the same shall be made by CMP at CMP’s sole cost and expense unless otherwise agreed in writing. Upon the expiration or sooner termination of the Agreement, CMP shall, upon written demand by District, at CMP’s sole cost and expense, forthwith and with all due diligence, remove any alterations, additions, or improvements made by CMP, designated by District to be removed, and CMP shall, forthwith and with all due diligence, at its sole cost and expense, repair any damage to the Premises caused by such removal. Any alteration, additions or improvements to the Premises or any part thereof requested by the Charter School shall be made with full compliance with the Americans with Disabilities Act and all applicable building standards and requirements. On and after the Commencement Date of this Agreement, Charter School, at Charter School's sole cost and expense, shall promptly arrange with District to make any and all alterations, improvements, additions and/or repairs (whether structural or nonstructural) to the Premises necessary to bring the Premises and the use thereof by Charter School in compliance with the ADA, FEHA, applicable building code standard, or other applicable state or federal statutes (and shall be in compliance with the statute or code that provides the greatest accessibility and use of the facility by those with disabilities) provided these requirements are a direct result of Charter School’s modification of the Premises beyond that necessary for the District to provide a reasonably equivalent facility after commencement, subject to District's approval and other rights of District provided in this Agreement. The District shall remain responsible for compliance with the ADA, FEHA, and other applicable building code standards regarding access for any existing compliance issue prior to the date of execution of this Agreement.

Maintenance and Alterations. Upon prior written agreement with Landlord shall keep the District’s Director foundation, outer walls, roof and buried conduits of Planning, CMP the demised premises in good repair and Landlord shall pay for all repairs to such portions of the premises except such repairs that may be occasioned by the negligence of Tenant or Tenant's agent or employees. If any repairs to the structural portion of the premises (or to the building in which the premises shall be allowed to conduct such upgrades/alterations, and/or renovation located) should be required as a result of the facility negligence of Tenant or Tenant's agent or employees, then Tenant shall pay all expenses incurred by Landlord as is agreed upona result of such repairs. Any Tenant shall keep the inside of the demised premises, including all plumbing, wiring, piping, fixtures, bulbs, flooring, carpeting, equipment, mechanical and electrical, and appurtenances, all plate glass, and the exterior doors, windows, and window frames of the demised premises in a clean and good order, condition and repair, and shall also keep the premises in a clean, sanitary and safe condition in accordance with law and in accordance with all rules and regulations of governmental and quasi-governmental agencies (including insurance boards) having jurisdiction over the Center. Tenant shall not make any permanent alterations or improvements to the demised premises without first obtaining Landlord's Consent to the design, materials, size and location thereof, and Landlord's consent, at Landlord's sole option, may also be conditioned upon the posting of a payment and performance bond. If Tenant desires to make any permanent improvement(s) or alteration(s), Landlord, upon approval of the plans and specifications therefor, may elect to make such changes improvements for Tenant at Tenant's expense in order to ensure the structural and architectural integrity and quality of construction work in the Center. In any such event, Tenant shall deposit with Landlord such sum of money as may be done by the District at CMP’s expense. Such written agreement must include the following information: (1) who will perform the necessary to make, construct, or install such work; (2) the timeline for completion; and (3) the cost, if any, that will be charged by the District to pay for the changes. All alterations, additions, and/or improvements and such fixtures other than trade fixtures which as a matter of law have become a part of the realty which may be made or installed by either of the parties hereto upon the premises and which in any manner are attached to the facility must be made in compliance with District standards and procedures and/or standards applicable to public school districts. In the event District consents to the making of any alterationsfloors, additions walls or improvements to the Premises by CMP the same ceilings shall be made by CMP at CMP’s sole cost and expense unless otherwise agreed in writing. Upon upon the expiration or sooner termination of this Lease become the Agreementproperty of Landlord without any payment by Landlord therefor, CMP shallprovided that Landlord may at its option require Tenant to remove from the premises at Tenant's expense all or any portion or item heretofore specified at the expiration of this Lease. Any personal and/or real property tax which may be imposed by the proper taxing authorities upon any improvements made or requested by Tenant shall be paid by Tenant. Tenant shall not install any lighting fixtures (inside or outside of the demised premises), upon shades, awnings, sliding doors in or on, alter the structure of or obstruct any portion of the demised premises in any manner without first having obtained Landlord's prior written demand consent therefor. Tenant agrees to remove all signs and personal insignia which may be displayed in or about the demised premises and pay Landlord for the repair of any damage caused to the demised premises by DistrictTenant's removal of such items. Anything in this Lease to the contrary notwithstanding, at CMP’s sole cost and expense, forthwith and with all due diligence, Tenant shall not remove any alterationsfurniture, additionsequipment, or improvements made by CMPfixtures, designated by District to be removed, and CMP shall, forthwith and with all due diligence, at its sole cost and expense, repair any damage to the Premises caused by such removal. Any alteration, additions or improvements to the Premises or any part thereof requested by the Charter School shall be made with full compliance with the Americans with Disabilities Act and all applicable building standards and requirements. On and after the Commencement Date of this Agreement, Charter School, at Charter School's sole cost and expense, shall promptly arrange with District to make any and all alterations, improvements, additions and/or repairs (whether structural or nonstructural) to the Premises necessary to bring the Premises and the use thereof by Charter School in compliance with the ADA, FEHA, applicable building code standardpersonal property, or other applicable state improvements from the demised premises without Landlord's prior written consent if Tenant is in default under any of Tenant's covenants or federal statutes (and shall be in compliance with the statute or code that provides the greatest accessibility and use of the facility by those with disabilities) provided these requirements are a direct result of Charter School’s modification of the Premises beyond that necessary for the District to provide a reasonably equivalent facility after commencement, subject to District's approval and other rights of District provided in obligations under this Agreement. The District shall remain responsible for compliance with the ADA, FEHA, and other applicable building code standards regarding access for any existing compliance issue prior to the date of execution of this AgreementLease.

Maintenance and Alterations. Upon prior written agreement with a. Any alterations, additions or improvements permitted herein, other than the District’s Director of PlanningLandlord Contribution to the Tenant Improvements as set forth in Exhibit "B" attached, CMP and as limited therein, shall be allowed to conduct such upgrades/made at the sole expense of Tenant. Tenant agrees that Tenant will make no alterations, and/or renovation of the facility as is agreed upon. Any such changes shall be done by the District at CMP’s expense. Such written agreement must include the following information: (1) who will perform the work; (2) the timeline for completion; and (3) the cost, if any, that will be charged by the District to pay for the changes. All alterations, additions, and/or additions or improvements to the facility must be made Leased Premises without the prior written consent of Landlord. Landlord may withhold its approval, in compliance with District standards Landlord's sole and procedures and/or standards applicable to public school districts. In the event District consents to the making of absolute discretion, for any alterations, additions or improvements to the Leased Premises by CMP if such alterations, additions or improvements affect the same shall be made by CMP at CMP’s sole cost structural components and expense unless otherwise agreed in writing. Upon elements, or the expiration electrical, plumbing or sooner termination mechanical systems, of the Agreement, CMP shall, upon written demand by District, at CMP’s sole cost and expense, forthwith and with all due diligence, remove any Building. All alterations, additions, additions or improvements made by CMPand for Tenant, designated by District to be removedincluding but not limited to, any and CMP all subdividing partitions, walls or railings of whatever type, material or height, but excepting moveable equipment, movable office furniture or furnishings put in at the expense of Tenant, shall, forthwith when made, be the property of Landlord and shall remain upon and be surrendered with all due diligencethe Leased Premises as a part thereof at Term Expiration or any earlier termination of this Lease. Any moveable equipment, at its sole cost and expensemoveable furniture or furnishings installed in, repair any or removed from, the Leased Premises shall be installed or removed without damage to the Leased Premises caused or the Building, or Tenant shall promptly repair such damage. Upon the Term Expiration or any earlier termination of this Lease, Tenant shall remove all moveable equipment, moveable furniture or furnishings installed in the Leased Premises, or any such property remaining in the Leased Premises after Term Expiration or earlier termination shall be deemed to have been abandoned and may be removed by such removalLandlord at Tenant's expense. Any alteration, additions Tenant accepts the Leased Premises in its present condition and as suited for the use and purposes contemplated by Tenant. Landlord shall not be required to make any repairs or improvements to the Leased Premises or except as herein set forth and shall not, under any part thereof requested by the Charter School shall circumstances, be made with full compliance with the Americans with Disabilities Act and all applicable building standards and requirements. On and after the Commencement Date of this Agreement, Charter School, at Charter School's sole cost and expense, shall promptly arrange with District required to make any repairs necessitated by virtue of Tenant's or its agents' or visitors' actions. Otherwise, Tenant shall keep the Leased Premises in good order, condition and all alterationsrepair, improvements, additions and/or repairs (whether structural or nonstructural) including but not limited to the floors, walls, ceilings, light fixtures, and plumbing fixtures. Any repainting, renovation or decoration of the Leased Premises necessary shall be at the sole expense of Tenant. Tenant shall keep the Leased Premises in as good a state of repair as when received, normal wear and tear excepted. Tenant is hereby permitted to bring make such repairs to the Leased Premises at its own expense that Tenant may deem advisable during the term of this Lease and without liability on the use thereof part of Landlord that written consent of Landlord shall first be obtained. Tenant will pay or cause to be paid all costs and charges for work done by Charter School it or caused to be done by it, in compliance or to the Leased Premises or the Building, and for all materials furnished for or in connection with the ADAwork. Tenant will indemnify and hold Landlord harmless from all liabilities, FEHAliens, applicable building code standardclaims, costs, and demands on account of such work. If any mechanic's, material man’s or other applicable state lien is filed against the Leased Premises or federal statutes the Building, Tenant will cause such lien to be discharged of record within ten (and shall be in compliance with 10) days after the statute or code that provides the greatest accessibility and use of the facility by those with disabilities) provided these requirements are a direct result of Charter School’s modification of the Premises beyond that necessary for the District to provide a reasonably equivalent facility after commencement, subject to District's approval and other rights of District provided lien is filed. Nothing contained in this AgreementLease is the consent or agreement of Landlord to subject Landlord's interest in the Leased Premises or the Building to liability under any lien law. The District shall remain responsible for compliance with the ADA, FEHA, and other applicable building code standards regarding access Tenant will fully reimburse Landlord for any existing compliance issue prior to costs occasioned by the date acts of execution of this AgreementTenant and paid by Landlord, including legal fees.