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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 />Section 2. Tenant's Lender's Rights and Obligations. Landlord hereby agrees with and for <br />the benefit of each Leasehold Mortgagee and the successors and assigns of each Leasehold <br />Mortgagee: <br /> <br />(a) When giving notice to Tenant with respect to any default under this Lease or any exercise of <br />any right to terminate this Lease, Landlord will also give a copy of such notice to each Leasehold <br />Mortgagee at the address of each Leasehold Mortgagee furnished to Landlord by Tenant, and no <br />such notice to Tenant shall be deemed to have been duly given nor shall such notice be effective <br />unless such notice is also given in said manner to each such Leasehold Mortgagee. Failure of <br />Tenant to provide Landlord with appropriate Leasehold Addresses shall not prevent Landlord <br />from being deemed as having given proper notice as provided in this section. Any Leasehold <br />Mortgage shall contain a provision requiring Mortgagee to notify Landlord of any default by <br />Tenant under such mortgage. <br /> <br />(b) In case Tenant shall default in respect of any of the provisions of this Lease, any Leasehold <br />Mortgagee shall have the right, but not the obligation, to cure such default whether the same <br />consists of the failure to pay Rent or the failure to perform any other covenant which Tenant is <br />required to perform under this Lease, and Landlord shall accept performance, by or on behalf of <br />such Leasehold Mortgagee as though, and with the same effect as if, the same had been done or <br />performed by Tenant. <br /> <br />(c) Landlord hereby agrees to cooperate in good faith with the Leasehold Mortgagee and to <br />execute such additional documentation providing customary Leasehold Mortgagee protections as <br />may be reasonably requested by the Leasehold Mortgagee. Landlord shall be under no obligation <br />to accept an inferior security and/or collateral position t the Leasehold Mortgagee(s). <br /> <br />(d) A Leasehold Mortgagee (or its designee or nominee) may become the holder of the <br />interest of Tenant under this Lease, including, without limitation, ownership of the <br />Improvements, by foreclosure or other enforcement proceedings, or by obtaining an assignment <br />of this Lease in lieu of foreclosure or through settlement of or arising out of any pending or <br />threatened foreclosure proceeding, without Landlord's consent, subject always to the applicable <br />terms and provisions of this Lease. <br /> <br />(e) The provisions of this Article in favor of the Leasehold Mortgagee shall inure to the benefit <br />of the Leasehold Mortgagee and its successors, assigns and designees, and also any other <br />purchaser or transferee of this Lease pursuant to any foreclosure or bankruptcy proceedings, or <br />assignment in lieu thereof. <br /> <br />(f) Notwithstanding any contrary provision of this Lease, the Leasehold Mortgagee shall not be <br />liable or responsible in any respect for any of Tenant's obligations under this Lease unless and <br />until the Leasehold Mortgagee becomes the owner and holder of this Lease through foreclosure <br />or bankruptcy proceedings, or assignment in lieu thereof. <br /> <br />Section 3. Notice. Any notice or other communication which Landlord shall desire or is <br />required to give to or serve upon Leasehold Mortgagee shall be in writing and shall be served <br />personally or by overnight courier service (such as Federal Express or UPS) addressed to such <br /> <br />26 <br /> <br />SIP <br />
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