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Reso 2010-1658
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Reso 2010-1658
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Last modified
6/3/2015 11:22:15 AM
Creation date
12/22/2010 11:09:07 AM
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CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
2010-1658
Date (mm/dd/yyyy)
12/16/2010
Description
Ground Lease/Dev Agmt/DesignBuild Agmt 4M Inv. Upscale Lifestyle Ctr
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<br />whether or not there are any setoffs, defenses, or counterclaims against enforcement of the <br />obligations to be performed hereunder existing in favor of the party executing such certificate; <br />and (e) any other information relating to this Lease reasonably requested by the other. <br /> <br />ARTICLE XXIV <br />Miscellaneous <br /> <br />Section 1. Covenants. The parties hereto agree that all of the terms, covenants and <br />provisions hereof shall be covenants running with the Land and shall be binding upon and shall <br />inure to the benefit of the parties hereto and their respective grantees, successors and assigns. <br /> <br />Section 2. Headings. The headings of the several Articles of this Lease are for convenience <br />only and do not define, limit or construe the contents of the Articles. All references in this Lease <br />to Exhibits, Sections, Subsections, Articles and paragraphs refer to the respective provisions of <br />this Lease, unless the reference expressly identifies another document. <br /> <br />Section 3. Recording. This Lease shall not be recorded, but a Memorandum of Lease in the <br />form attached hereto as Exhibit "GF" (the "Memorandum of Lease") shall be executed <br />simultaneously herewith and recorded by Tenant. Recording costs and State of Florida <br />documentary stamps and/or other transfer taxes which legally must be attached to this Lease <br />shall be paid in full by Tenant. <br /> <br />Section 4. Severability. Each and every covenant and agreement contained in this Lease <br />shall be for all purposes construed to be a separate and independent covenant and agreement and <br />the breach of any covenant or agreement contained herein by Landlord shall in no wise or <br />manner discharge or relieve Tenant from Tenant's obligation to perform each and every covenant <br />and agreement contained herein. If any term or provision of this Lease or the application thereof <br />to any person or circumstance shall to any extent be found or adjudged invalid or unenforceable, <br />the remainder of this Lease, or the application of such term or provision to persons or <br />circumstances other than those as to which it is invalid or unenforceable, shall not be affected <br />thereby, and each term and provision of this Lease shall be valid and shall be enforced to the <br />fullest extent permitted by law. <br /> <br />Section 5. Brokerage Fees. Landlord and Tenant hereby represent and warrant, each to the <br />other, that they have not dealt with, any broker, finder or any other person, firm, corporation or <br />other legal entity so as to create any legal right or claim of any kind or nature for a commission <br />or similar fee or compensation with respect to or arising out of this Lease. Landlord and Tenant <br />hereby indemnify each other against, and agree to hold each other harmless from, any liability or <br />claim (and all expenses, including, without limitation, reasonable attorneys' fees, incurred in <br />defending any such claim or in enforcing this indemnity) for a real estate brokerage commission <br />or similar fee or compensation arising out of or in any way connected with any claimed dealings <br />with the indemnitor and/or this Lease. The provisions of this Section shall survive the expiration <br />or sooner termination of this Lease. <br /> <br />32 <br /> <br />U:\City Attorney\HANS\20 I 0 Documents\4m 1nvestors\GROUND LEASE WORKING DRAFT 11.16.1 O.doc <br />
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