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Reso 1997-146 to 150
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Reso 1997-146 to 150
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Resolution
Document Date (6)
12/31/1997
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20.13 No Litigation or Reassessment. Lessor represents and warrants that <br />there is no claim, action, litigation, arbitration, or other proceeding pending or, to the <br />best of Lessor's knowledge, threatened against Lessor which relates to the Leased <br />Premises or the transaction contemplated hereby or which could result in the <br />imposition of the lien against the Leased Premises. If Lessor receives notice of any <br />such claim, litigation or proceeding prior to the Commencement Date, Lessor shall <br />promptly notify Lessee of the same in writing. In addition, Lessor represents and <br />warrants that Lessor has no knowledge of any proposed reassessment of the Leased <br />Premises by the local taxing agencies and has no knowledge that there is any pending <br />or threatened special assessment district or other action which would increase real <br />property taxes or assessments against the Leased Premises. <br />20.14 No Violations of Law. Lessor represents and acknowledges that neither <br />the Leased Premises nor Lessor is in violation of, and Lessor has not received any <br />notice of violation of, any law, ordinance, regulation, order or requirement applicable <br />to the Leased Premises including, without limitation, requirements imposed under <br />any recorded covenants, conditions, restrictions, easements or other rights affecting <br />the Leased Premises. If Lessor receives such a notice at any time, either prior to or <br />after the Commencement Date, Lessor shall immediately notify Lessee in writing. <br />20.15 Soils Conditions. Lessor represents and warrants that the soil <br />condition of the Leased Premises is such that it will support all of the building <br />improvements located on the Leased Premises for their foreseeable life, without the <br />need for unusual or new subsurface excavations, fills, footings, caissons or other <br />installations. <br />20.16 Water Rights. Lessor represents and warrants to Lessee that (a) there is <br />available to the Leased Premises an adequate water supply for the continuing <br />operation and maintenance of the golf course for the entire term of this Lease; (b) <br />Lessor has delivered to Lessee true, correct and complete copies of all documents, <br />agreements, instruments, certifications, registrations, and permits evidencing Lessor's <br />entitlement to a water supply adequate for the continued operation and maintenance <br />of the Leased Premises as a golf course in the same manner as the Leased Premises is <br />being operated and maintained as of the date of this Lease (collectively the "Water <br />Documents"); (c) there are no other agreements or documents concerning the supply <br />of water to irrigate the Leased Premises; (d) there are no amendments, modifications <br />or supplements to the Water Documents except such amendments, modifications and <br />supplements delivered to Lessee; (e) Lessor is not in default under or in breach of any <br />of the Water Documents and Lessor is current in any payments that it is obligated to <br />make under any of the Water Documents; and (f) Lessor has not previously assigned <br />LEASE AGREEMENT BETWEEN <br />CITY OF SAN LEANDRO AND AMERICAN GOLF PAGE 28 <br />11/13/97 FINAL l:\WPD\CSL\136\0IWGREE\GOLFCOURWGREE\LEASE.CLN <br />
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