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Reso 2016-2534
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Reso 2016-2534
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Last modified
2/9/2023 9:43:26 AM
Creation date
3/21/2016 2:34:57 PM
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CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
2016-2534
Date (mm/dd/yyyy)
03/17/2016
Description
Triple Net Leaseback Agmt wCorner House for 15800 Collins Avenue
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expenses, including attorneys' fees, for personal injury, bodily injury (including <br /> death)or property damage arising from any negligent or wrongful act or omission of <br /> Tenant or Tenant's officers, contractors, licensees, tenants, lessees, agents, servants, <br /> employees, guests, invitees, or visitors on or around the Property,. or arising from <br /> any breach of this Lease by Tenant. Tenant shall use legal counsel acceptable to <br /> Landlord in defense of any action within Tenant's defense obligation. The provisions <br /> of this Section 16 shall survive expiration or termination of this Lease. <br /> 17. Assignment and Subletting. Tenant shall not assign, sublet, mortgage,encumber, or <br /> otherwise transfer any interest in this Lease (collectively referred to as a "Transfer") <br /> or any part of the Property, without •first obtaining Landlord's written consent. No <br /> Transfer shall relieve Tenant of any liability under this Lease notwithstanding <br /> Landlord's consent to such Transfer. Consent to any Transfer shall not operate as a <br /> waiver of the necessity for Landlord's consent to any subsequent Transfer. <br /> If Tenant is a partnership, limited liability company, corporation, or other entity, any <br /> transfer of this Lease by merger; consolidation,redemption or liquidation,or any change(s) <br /> in the ownership of, or power to vote, which singularly or collectively represents a majority <br /> of the beneficial interest in Tenant, shall constitute a Transfer under this Section. <br /> As a condition to Landlord's approval, if given, any potential assignee or sublessee <br /> otherwise approved by Landlord shall assume all obligations of Tenant under this Lease • <br /> and shall be jointly and severally liable with Tenant and any guarantor, if required, for any <br /> payments to Landlord as Well as the performance of all terms of this Lease. In connection <br /> with any Transfer.Tenant shall provide Landlord with copies of all assignments,subleases, <br /> and assumption instruments. <br /> Notwithstanding the above, without first obtaining Landlord's written consent, the Tenant <br /> may assign, sublet, or otherwise transfer any interest in this Lease or any part of the <br /> Property to an, entity which is currently subletting the Property under a sublease approved <br /> by the City provided that written notice is provided to the City. <br /> 18. Liens. Tenant shall deliver the Property to the Landlord at the end of this Lease free <br /> and clear of any liens. <br /> 19. Notices. All notices under this Lease shall be in writing and effective (i) when <br /> delivered in person or via overnight courier, (ii) three (3) days after being sent by <br /> registered or certified mail to Landlord or Tenant, or (iii) upon confirmed <br /> transmission by facsimile. <br /> 20. Costs and Attorney's Fees. If Tenant or Landlord engage the services of an attorney <br /> to collect monies due or to bring any action for any relief against the other, <br /> declaratory or otherwise,arising out of this Lease, including any suit for the recovery <br /> of any payments due and owing, or-possession of the.Property, the losing party shall <br /> 6 <br />
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