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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 />Section 14. Counterparts. This Lease may be executed in any number of counterparts, each of <br />which shall be deemed an original, but all such counterparts shall constitute but one instrument, <br />and facsimile transmissions of signatures shall be deemed to be original signatures. <br /> <br />Section 15. Attorney's Fees. In the event of any litigation ensuing or growing out of the <br />terms of this Lease, the prevailing party shall be entitled to recover all costs incurred, including, <br />without limitation, reasonable attorneys' and paralegals' fees and costs at all tribunal levels. <br /> <br />Section 16. Authority. Landlord and Tenant shall each execute and deliver to the other such <br />documentation as the parties' respective legal counsel may deem reasonably necessary to <br />evidence the authority of the persons executing this Lease on behalf Landlord and Tenant to do <br />so. <br /> <br />Section 17. Letter of Credit. Within thirty (30) business days following the date this Lease is <br />approved by the City Commission, Tenant shall deliver to Landlord a letter of credit (the "Letter <br />of Credit") in favor of the Tenant in the amount of Fifteen Million and Noll 00 Dollars <br />($15,000,000.00) as security for the performance by Tenant of its obligations under this Lease. <br />The Letter of Credit shall (i) be issued by a financial institution reasonably acceptable to <br />Landlord, (ii) be issued for a term of at least one (1) year, and during the Term, at least thirty <br />(30) days prior to the then stated maturity date of the Letter of Credit, the maturity date of the <br />Letter shall be extended to a date not less than one (1) year after the previously stated maturity <br />date, (iii) be payable upon delivery of a site-draft, and (iv) be otherwise reasonably acceptable to <br />the Landlord. <br /> <br />IN WITNESS WHEREOF, Landlord and Tenant have caused this instrument to be duly <br />executed as of the day and year first above written. <br /> <br />Signed in the presence of: <br /> <br />4M Investors, LLC, <br />a Florida limited liability company <br /> <br />Print Name: <br /> <br />By: <br />Name: Jose Milton <br />Title: Manager <br /> <br />Print Name: <br /> <br />34 <br /> <br />U:\City Attorney\HANS\20 I 0 Docull1ents\4m Investors\GROUND LEASE WORKING DRAFT I 1.16.1 O.doc <br />
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