Reso 1997-146 to 150 - Laserfiche WebLink

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20.2 No Conflict. Lessor represents and warrants that neither this Lease nor the consummation of the transactions contemplated by this Lease will result in a breach of or constitute a default under any other agreement, commitment or obligation to which Lessor or the Leased Premises is bound, nor will it violate any law, rule, regulation, restriction, judicial or administrative order, judgment or decree applicable to Lessor or the Leased Premises. Lessee represents and warrants that neither this Lease nor the consummation of the transactions contemplated by this Lease will result in a breach of or constitute a default under any other agreement, commitment or obligation to which Lessee is bound, nor will it violate any law, rule, regulation, restriction, judicial or administrative order, judgment or decree applicable to Lessee. 20.3 Encumbrances. Lessor shall not (i) grant any easements, rights of way, licenses or other similar rights, (ii) convey to the public or dedicate to the public all or any portion of the Leased Premises, or (iii) consent to the Leased Premises being included as part of an assessment district, or (iv) encumber, lien or mortgage its fee interest in the Leased Premises, in each case without obtaining Lessee's prior written consent, which consent shall be granted or withheld in Lessee's sole discretion. 20.4 Title to Premises: Separate Legal Parcel. Lessor hereby represents and warrants that it has good and marketable title to the Leased Premises, free and clear of all monetary liens and encumbrances. Lessor further represents and warrants that the Leased Premises constitutes a separate legal parcel of real property and complies with all subdivision laws of the State of California. 20.5 Utilities. Lessor hereby represents and warrants that (i) all water, sewer, gas, electric, telephone and drainage facilities and all other utilities (collectively "Utilities") required by law for the intended use and operation of the Leased Premises are installed across public property or valid easements or rights of way to the boundary lines of the Leased Premises; (ii) the Utilities are connected to the Leased Premises pursuant to valid permits; (iii) the Utilities are in good operating condition; and (iv) the Utilities are, and will for the term of this Lease be, adequate to service the Leased Premises, including, without limitation, the golf course comprising a portion thereof, for the term of this Lease. Lessee acknowledges and agrees that there are certain regulations of the State of California governing the use of potable water for irrigation of golf courses. In the event that during a water shortage emergency or as a result of regulatory actions by others, alternate sources of irrigation water or reductions in water consumption are ordered, Lessor shall not be deemed in default hereof. LEASE AGREEMENT BETWEEN CITY OF SAN LEANDRO AND AMERICAN GOLF PAGE 25 11/13/97 FINAL 1.\NVPD\CSL\136\01\AGREE\GOLFCOUR\AGREE\LEASE.CLN