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Reso 2011-1735
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Reso 2011-1735
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Last modified
7/15/2011 10:32:27 AM
Creation date
7/13/2011 1:58:55 PM
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CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
2011-1735
Date (mm/dd/yyyy)
06/15/2011
Description
Agmt 4M Investors:Ground Lease/Dev Agmt&Design/Build Gateway Pk
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<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 />Section 6. Jurisdiction and Venue. The Lease shall be governed by, and construed and <br />enforced in accordance with, the laws of the State of Florida. <br /> <br />Section 7. Time. Time is of the essence of all the terms, prOVISIons, covenants and <br />conditions of this Lease. <br /> <br />Section 8. Not Binding Until Executed. Submission of this instrument for examination does <br />not constitute an offer, right of first refusal, reservation of or option for the Land. This <br />instrument becomes effective as a Lease only upon execution and delivery by both Landlord and <br />Tenant. <br /> <br />Section 9. Radon. Radon is a naturally occurring radioactive gas that, when it has <br />accumulated in a building in sufficient quantities, may present health risks to persons who are <br />exposed to it over time. Levels of radon that exceed federal and state guidelines have been found <br />in buildings in Florida. Additional information regarding radon testing may be obtained from <br />your county Public Health Unit. Section 404.056(6), Florida Statutes. <br /> <br />Section 10. Entire Agreement and Modification. This Lease contains the entire agreement <br />between Landlord and Tenant and supersedes all prior negotiations, representations and <br />agreements, whether written or oral. This Lease may be modified only by an agreement in <br />writing signed by Landlord and Tenant. Any formally executed addendum to or modification of <br />this Lease shall be expressly deemed incorporated by reference herein unless a contrary intention <br />is clearly stated therein. <br /> <br />Section 11. Unavoidable Delay or Force Maieure. In the event either party hereto is delayed <br />in the performance of any act required hereunder by reason of an "Unavoidable Delay" (as <br />hereinafter defined), then performance of such act shall be excused for the period of the <br />Unavoidable Delay and the period for the performance of such act shall be extended for a period <br /> <br />30 <br />
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