SR). The relationship of the Parties hereto is that of Lessor and Tenant, and it is expressly understood and agreed that County does not in any way or for any purpose become a partner of or a joint venturer with Tenant in the conduct of Xxxxxx’s business or otherwise, and the provisions of this Lease and the agreements relating to rent payable hereunder are included solely for the purpose of providing a method by which rental payments are to be measured and ascertained.
SR). The Premises shall be used solely for the purposes of operating and maintaining a boat marina on the Premises. Tenant agrees not to use the Premises for any other purpose nor to engage in or permit any other activity within or from the Premises. Tenant agrees not to conduct or permit to be conducted any public or private nuisance in, on or from the Premises, or to commit or permit to be committed disposal of any waste material within the Premises. Tenant further agrees that it will not use the Premises or any part thereof for any purpose inconsistent with the Tidelands Grant, which grant is defined in Clause 52 (LIMITATION OF THE LEASEHOLD) of this Lease, upon which said lands are held by Lessor, or with the requirements of commerce and navigation at Newport Harbor and shall comply with all governmental laws and regulations in connection with said use of the Premises. NO ALCOHOL, TOBACCO, OR MARIJUANA PRODUCTS SHALL BE SOLD FROM THE PREMISES. DRINKING ALCOHOLIC BEVERAGES AND SMOKING OF ANY KIND IS PROHIBITED INSIDE ANY BUILDING WITHIN THE PREMISES.
SR). All written notices pursuant to this Lease shall be addressed as set forth below or as either Party may hereafter designate by written notice and shall be deemed received upon personal delivery, delivery by facsimile machine, electronic mail, or seventy-two (72) hours after deposit in the United States Mail. To: Tenant Channel Reef Community Association Attn: President 0000 Xxxxx Xxxx. Xxxxxx xxx Xxx, XX 00000 With a copy to: Accell 00000 Xxxxxxx xx xx Xxxxxxx, Ste 350 Laguna Hills, CA 92653 To: County County of Orange OC Parks Attn: Real Estate Division 00000 Xxx Xxxxxx Xxxx Xxxxxx, XX 00000 With a copy to: County Executive Xxxxxx 000 X. Xxxxx Xxx Xxxxxxxxx, 3rd Floor Santa Ana, CA 92701 Attention: Xxxxxx X. Xxxxxx, Chief Real Estate Officer
SR). The term of this Lease shall be ten (10) years (“Term”), commencing on May 1, 2022 (“Commencement Date”) and any Extension Term that may be authorized pursuant to Clause 8 (OPTION TO EXTEND TERM) below. Tenant may take possession of the Premises on the Effective Date, but may not conduct business out of the Premises until the Commencement Date.
SR). Subject to prior review and approval by County, Tenant may allow for the rental, licensing, permitting, or subletting, etc. of the Premises when doing so results in providing for the uses permitted in Clause 3 (USE) above. Any mortgage, pledge, hypothecation, encumbrance, transfer, sublease, license, permit, or assignment (hereinafter in this clause referred to collectively as “Encumbrance”) of Tenant’s interest in the Premises, or any part or portion thereof without the prior written approval of County is prohibited. All Encumbrances are subject to County’s review and approval, including those Encumbrances that result in providing for the uses permitted in Clause 3 (USE) above. County approval is subject to negotiation by the Parties and may result in additional charges for Rent and/or Percentage Rent as those terms are defined and used in Clause 9 (RENT AND GROSS RECEIPTS) and/or Clause 13 (RENT ADJUSTMENT), above. County may reasonably withhold such approval. Should County consent to any Encumbrance, such consent shall not constitute a waiver of any of the terms, covenants, or conditions of this Lease or be construed as County's consent to any further Encumbrance. Such terms, covenants or conditions shall apply to each and every Encumbrance hereunder and shall be severally binding upon each and every party thereto. Any document to mortgage, pledge, hypothecate, encumber, transfer, sublet, or assign the Premises or any part thereof shall not be inconsistent with the provisions of this Lease and in the event of any such inconsistency, the provisions of this Lease shall control. Tenant may, with prior notice, engage the services of a professional management company and such employment shall not be construed to be an assignment or transfer of the Lease. Any license, sublease, permit, etc. issued by Tenant shall be consistent with and subject to the terms and conditions of this Lease and shall be subject to review and approval by the County, whose approval shall not be unreasonably withheld. Each license, sublease, permit, etc. issued by Tenant shall require adequate insurance, as determined by the County, with the County of Orange named as additional insured, and shall indemnify the County of Orange, its elected officials, agents, officers, and employees.
SR). This Lease and the rights and privileges granted Tenant in and to the Premises are subject to all covenants, conditions, restrictions, and exceptions of record or apparent. Nothing contained in this Lease or in any document related hereto shall be construed to imply the conveyance to Tenant of rights in the Premises which exceed those owned by County, or any representation or warranty, either express or implied, relating to the nature or condition of the Premises or County’s interest therein. Tenant has accepted the Premises in its “as is” / “where is” condition.
SR). Xxxxxx agrees not to discriminate against any person or class of persons by reason of sex, age, race, color, creed, physical handicap, or national origin in employment practices and in the activities conducted pursuant to this Lease. Tenant shall make its accommodations and services available to the public on fair and reasonable terms.
SR). 56. Developer shall dedicate to the County 250 feet in width of right-of-way for S.R. 56 from the western boundary of the MPUD to the eastern boundary of the MPUD in the alignment determined by the PD&E Study. Such Dedication together with the dedication of, or granting of easements, for, as applicable, drainage and wetland and flood plain mitigation areas as required pursuant to subparagraphs 4.h, 7.c and 7.d. below, shall occur within sixty (60) days of the one hundred percent (100%) design approval of the S.R. 56 Improvements (as hereinafter defined) by FDOT and the County, or within ninety (90) days of the County's request, whichever occurs first.
