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09B
City of Pleasanton
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CITY CLERK
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2018
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020618
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09B
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CITY CLERK
CITY CLERK - TYPE
AGENDA REPORT
DOCUMENT DATE
2/6/2018
DESTRUCT DATE
15Y
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Section 3.5 Benefits of Improvement During Term. Lessor acknowledges and agrees <br />that any and all depreciation, amortization and tax credits for federal or state tax purposes <br />relating to the Improvements located on the Leased Premises and any and all additions thereto, <br />substitutions therefor, fixtures therein and other property relating thereto shall be deducted or <br />credited exclusively by Lessee during the Term. <br />ARTICLE 4. <br />RENTS <br />Section 4.1 Ground Rent. For each Lease Year during the Term, Lessee shall pay to <br />Lessor on the Commencement Date of this Lease and on each succeeding anniversary thereof <br />rent in advance for the next succeeding Lease Year ("Rent") in the nominal amount of $1.00 per <br />Lease Year or partial Lease Year. <br />Section 4.2 Payments. All Rent, Additional Rent, and other sums, if any, due Lessor <br />hereunder shall be paid by Lessee to Lessor at the address of Lessor set forth hereinafter for <br />notices, or to such other person and/or at such other address as Lessor may direct by written <br />notice to Lessee, without notice or demand, and without abatement, deduction or set off. <br />ARTICLE 5. <br />TAXES AND OTHER IMPOSITIONS; UTILITIES <br />Section 5.1 Payment of Impositions. As and when the same shall become due, Lessee <br />will pay all of the Impositions, except that if any Imposition that Lessee is obligated to pay in <br />whole or in part is permitted by law to be paid in installments, Lessee may pay or cause to be <br />paid such Imposition (or its proportionate part thereof) in installments as and when such <br />installments become due. Upon the written request of Lessor, Lessee shall provide to Lessor <br />evidence satisfactory to Lessor of payment of all Impositions. During the first and last years of <br />the Term, all Impositions shall become payable during each calendar, fiscal, tax or Lease Year, <br />as applicable, shall be ratably adjusted on a per diem basis between Lessor and Lessee in <br />accordance with the respective portions of such calendar, fiscal, tax, assessment or Lease Year <br />during the Term. If any special assessments are payable in installments, Lessee shall pay only <br />those installments that are due and payable during the Term. <br />Section 5.2 Lessor's Estate. Notwithstanding anything contained in this Lease to the <br />contrary, any and all impositions for taxes and assessments charged against the value of Lessor's <br />Estate shall be the responsibility and obligation of Lessor. Notwithstanding any contrary <br />provision of this Lease, Lessee shall be responsible for payment of any possessory interest taxes <br />payable in connection with this Lease and the Leasehold Estate. <br />Section 5.3 Contested Taxes and Other Impositions. <br />(a) Lessee, in its own name or in the name of Lessor if prior written consent <br />of Lessor is obtained by Lessee, may contest the validity or amount of any Imposition relating to <br />all or any portion of the Leased Premises, in which event the payment thereof, if authorized by <br />applicable law, may be deferred during the pendency of such contest, if diligently prosecuted. If <br />12 <br />OAK #4823-7863-2026 v2 <br />
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