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Reso 2011-1749
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Reso 2011-1749
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Last modified
8/19/2013 2:24:28 PM
Creation date
7/22/2011 3:25:33 PM
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CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
2011-1749
Date (mm/dd/yyyy)
07/21/2011
Description
Approving a Ground Lease and Dev. Agreement w/4M Investors, LLC
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<br />ARTICLE XI <br />Liens <br /> <br />Section 1. Liens. Tenant shall not permit any mechanic's lien to be filed against the <br />Premises or any part thereof by reason of work, labor, services, or materials performed or <br />'supplied or claimed to have been performed or supplied to Tenant or anyone holding the <br />Premises or the Improvements or any part thereof through or under Tenant. The Memorandum of <br />Lease (as hereinafter defmed) shall contain the appropriate clause under Chapter 713 of the <br />Florida Statutes notifying third parties that they may not impose a lien on the Landlord's interest <br />in the Premises for labor, services or materials furnished to, or at the request of, Tenant and any <br />such liens are hereby prohibited. If, notwithstanding said notice, any third party files a <br />mechanic's lien purportedly against the Landlord's estate for or on account of labor, services or <br />materials provided to or at the request of Tenant, Tenant shall dispose of any claim and ensuing <br />litigation as Tenant deems reasonably appropriate at Tenant's expense within thirty (30) days of <br />its initial filing, provided that if such party commences a foreclosure action with respect to such <br />lien, Tenant shall transfer the lien to security as provided by Florida law or otherwise bond or <br />cause the same to be discharged of record within thirty (30) days thereafter to prevent the <br />foreclosure of Landlord's estate. Tenant shall keep Landlord apprised of the status of the <br />resolution of any such claim of lien and litigation. <br /> <br />ARTICLE XII <br />AlterationslReconstruction <br /> <br />Section 1. Alterations. In the event the Improvements damaged by fIre or other casualty and <br />the Tenant is obligated to, or elects to, reconstruct the same under the provisions of Article <br />XII(2) below, before commencing any such demolition and/or construction, Tenant shall submit <br />to Landlord a copy of the plans and specifications for such new improvements, together with an <br />estimate which shall show in reasonable detail the approximate cost of such improvements. Such <br />plans and specifications shall comply with all relevant Legal Requirements and shall be subject <br />to Landlord's written approval and all applicable governmental code, rules and policies. <br /> <br />Section 2. Standards for Reconstruction. All work done by Tenant hereunder shall be <br />constructed and completed in a good and workmanlike manner and in compliance with the <br />building and zoning laws and all other Legal Requirements, and in accordance with the orders, <br />rules and regulations of any appropriate insurance rating bureau or any other body now or <br />hereafter constituted exercising similar functions. Upon completion of the Tenant's <br />improvements, all references in this Lease to "Improvements" shall be deemed modified to mean <br />and refer to the new improvements so constructed or caused to be constructed by Tenant. <br /> <br />Section 3. Conforming with Final Plans. Any restoration undertaken pursuant to the <br />provisions of this Article shall in all respects substantially conform to the provisions of the Final <br />Plans and Specifications for the damaged Improvements, incorporating any alterations or <br />modifications approved by the Landlord prior to the casualty, or shall be built in accordance with <br />such new or modified plans and specifications as the Tenant, the Landlord and, at its election, the <br /> <br />18 <br /> <br />~\~ <br />
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