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Reso 2025-3823
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Reso 2025-3823
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Last modified
2/3/2026 11:18:34 AM
Creation date
4/24/2025 11:43:19 AM
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CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
2025-3823
Date (mm/dd/yyyy)
04/17/2025
Description
AWD ITB NO. 25-01-01, Approve Agmt w/ Waypoint Contracting, for Const. Renovation Svcs - Annex BLDG, 18050 Collins Ave.
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ANY MATTERS ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS LEASE, <br />THE RELATIONSHIP OF LANDLORD AND TENANT AND/OR TENANT'S USE OR <br />OCCUPANCY OF THE PROPERTY. <br />21.8 Liability of Landlord. In the event of any sale or other transfer of Landlord's <br />interest in the Property, Landlord shall be relieved of all liabilities and obligations of Landlord <br />hereunder arising after the date of such transfer. Notwithstanding anything contained herein to <br />the contrary, Landlord shall have no personal liability in respect of any of the terms, covenants, <br />conditions or provisions of this Lease, and in the event of a breach or default by Landlord of <br />any of its obligations under this Lease, Tenant and any persons claiming by, through or under <br />Tenant shall look solely to the equity of the Landlord in the Property for the satisfaction of <br />Tenant's and/or such persons' remedies and claims for damages. <br />21.9 No Mercer. There shall be no merger of this Lease, or the leasehold estate created <br />by this Lease, with any other estate or interest in the Property, or any part thereof, by reason of <br />the fact that the same person, firm, corporation or other entity may acquire or own or hold, <br />directly or indirectly, (i) this Lease or the leasehold estate created by this Lease, or any interest <br />in this Lease or in any such leasehold estate, and (ii) any such other estate or interest in the <br />Property or any part thereof; and no such merger shall occur unless and until all persons, <br />corporations, firms and other entities having an interest (including a security interest) in (I) this <br />Lease or the leasehold estate created by this Lease; and (2) any such other estate or interest in <br />the Property, or any part thereof, shall join in a written instrument effecting such merger and <br />shall duly record the same. <br />21 .1 Q Interpretation. The captions by which the Articles and Sections of this Lease are <br />identified are for convenience only and shall have no effect upon the interpretation of this Lease. <br />Whenever the context so requires, singular numbers shall include the plural, the plural shall <br />refer to the singular, the neuter gender shall include the masculine and feminine genders, and <br />the terms "Landlord" and "Tenant" and "person" shall include corporations, limited liability <br />companies, partnerships, associations, other legal entities, and individuals. <br />21.11 Not Construed Against Drafter. This Lease has been negotiated and prepared by <br />the parties and their respective counsel, and should any provision of this Lease require judicial <br />interpretation, the court interpreting or construing the provision shall not apply the rule of <br />construction that a document is to be construed more strictly against one party. <br />21.12 Relationship of the Parties. Nothing in this Lease shall create a partnership, joint <br />venture, employment relationship, borrower and lender relationship, or any other relationship <br />between Landlord and Tenant, other than the relationship of landlord and tenant. <br />21.13 Successors. This Lease shall be binding upon and inure to the benefit of the <br />parties hereto and their respective personal and legal representatives, heirs, successors, and <br />assigns. <br />21.14 Modifications. This Lease may not be altered, amended, changed, waived, <br />terminated, or modified in any manner except by a written instrument executed by Landlord and <br />10 <br />422 <br />
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