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1030 Old Crystal Bay Road North - No PID
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Ground lease/sub lease
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Last modified
8/15/2023 7:19:50 AM
Creation date
3/15/2018 2:59:28 PM
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install, use, generate, store or dispose of in or about the <br /> Premises or the Facility any hazardous substance, toxic chemical, <br /> pollutant or other material now or hereafter regulated by the <br /> Comprehensive Environmental Response, Compensation and Liability <br /> Act of 1985 or any other law or regulation, including without <br /> limitation, any material containing asbestos or PCB (collectively <br /> "Hazardous Materials") without Lessor' s written approval of each <br /> Hazardous Material . Tenant shall indemnify, defend and hold <br /> Lessor harmless from and against any claim, damage or expense <br /> arising out of Tenant's installation, use, generation, storage, <br /> release or disposal of any Hazardous Materials, regardless of <br /> whether Lessor has approved the activity. <br /> 7. ALLOCATION OF EXPENSES AND LIABILITIES. This Ground <br /> Lease allocates to the Tenant the obligation to pay certain <br /> expenses, take certain actions and provide certain indemnities <br /> and assurances (collectively "Tenant Obligations") . It is <br /> acknowledged that the Tenant may enter into a facility sublease <br /> of the Leased Premises (the "Facility Lease") whereby the <br /> Facility Lease Tenant will sublease the entire Leased Premises <br /> and operate the same as a little league baseball facility, with a <br /> concession stand, subject to the terms and conditions of this <br /> Lease. Tenant may, but shall not be obligated to, allocate <br /> certain Tenant Obligations to the Facility Lease Tenant, but <br /> neither such allocation nor the consent to lease to Facility <br /> Lease Tenant shall release or diminish Tenant's obligation under <br /> this Lease. Tenant shall cause the Facility Lease Tenant to <br /> comply with all terms and conditions of this Lease, including <br /> without limitation, naming Lessor as an additional insured and as <br /> loss payee with respect to the insurance to be carried in <br /> compliance with the requirements in Article 13 . The consent <br /> provided hereunder shall not release either Tenant or Facility <br /> Lease Tenant from the restriction against other or further <br /> transfers, assignments, subleases or the like without Lessor's <br /> additional prior written approval, which approval shall be at <br /> Lessor' s sole discretion. Prior to permitting Facility Lease <br /> Tenant onto the Premises or Facility, Tenant shall obtain and <br /> deliver to Lessor a written assumption by Facility Lease Tenant, <br /> of all obligations of Tenant' s obligations hereunder. Tenant's <br /> obligations hereunder shall not be released or diminished by <br /> reason of such assumption. Facility Lease Tenant' s entry onto <br /> the Leased Premises shall be deemed to be an automatic agreement <br /> on its part to perform and observe all of the Tenant' s <br /> obligations under this Lease. <br /> 8 . REAL ESTATE TAXES AND ASSESSMENTS. Lessor and Tenant <br /> acknowledge that the real estate taxes on the Leased Premises are <br /> currently exempt from taxation. In the event the Leased Premises <br /> and/or Facility shall become taxable in the future, real estate <br /> taxes and any installments of special assessments attributed to <br /> the Leased Premises and/or Facility shall be paid by Tenant. <br /> 9 . LICENSE FEES . Tenant shall pay, as they become due and <br /> payable and before they become delinquent, all fees, charges and <br /> expenses required for licenses or permits, if any, required for <br /> -3- <br />
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