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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 />hereunder, and whether or not there is any other existing default by either party hereto, and, if <br />there is any such default, specifying the nature and extent thereof; (d) whether or not there are <br />any setoffs, defenses, or counterclaims against enforcement of the obligations to be performed <br />hereunder existing in favor of the party executing such certificate; and (e) any other information <br />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 Premises and shall be binding upon and <br />shall inure to the benefit of the parties hereto and their respective grantees, successors and <br />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 a <br />form reasonably agreed upon by the Parties may be executed simultaneously herewith and <br />recorded by Tenant. Recording costs and State of Florida documentary stamps and/or other <br />transfer taxes which legally must be attached to this Lease 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 /> <br />30 <br /> <br />51 <br />, If} <br />
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