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5G Consent
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3/21/2024 5:55:01 PM
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9/19/2023 5:43:02 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Staff Report
Document Date (6)
9/18/2023
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Form51.16 (Rev. 10/14) <br />Page 27 of 37 <br />of any general partner from the partnership, or the dissolution of the partnership. <br /> <br />(c) If this Lease is for sovereign lands appurtenant to adjoining littoral or riparian land, Lessee <br />shall not transfer or assign its ownership interest or use rights in such adjoining lands <br />separately from the leasehold rights granted herein without the prior written consent of <br />Lessor. <br />(d) If Lessee desires to assign, sublet, encumber or otherwise transfer all or any portion of <br />the Lease Premises, Lessee shall do all of the following: <br />(1) Give not less than 90 days’ prior written notice to Lessor; <br /> <br />(2) Provide the name, complete business organization, operational structure, and <br />formation documents of the proposed assignee, sublessee, secured third party, or <br />other transferee; and the nature of the use of and interest in the Lease Premises <br />proposed by the assignee, sublessee, secured third party or other transferee. <br /> <br />(3) Provide the terms and conditions of the proposed assignment, sublease, or <br />encumbrance or other transfer; <br /> <br />(4) Provide audited financial statements for the two most recently completed fiscal <br />years of the proposed assignee, sublessee, secured party or other transferee; and <br />provide pro forma financial statements showing the projected income, expense and <br />financial condition resulting from use of the Lease Premises; and <br /> <br />(5) Provide such additional or supplemental information as Lessor may reasonably <br />request concerning the proposed assignee, sublessee, secured party or other <br />transferee. <br /> <br />(6) Lessor will evaluate proposed assignees, sublessees, secured third parties and other <br />transferees and grant approval or disapproval according to standards of commercial <br />reasonableness considering the following factors within the context of the proposed <br />use: the proposed party's financial strength and reliability, their business experience and <br />expertise, their personal and business reputation, their managerial and operational skills, <br />their proposed use and projected rental, as well as other relevant factors. <br /> <br />(e) Lessor shall have a reasonable period of time from the receipt of all documents and <br />other information required under this provision to grant or deny its approval of the <br />proposed party. Lessor may reevaluate the rent, insurance and/or bond provisions of this <br />Lease, and may condition its approval of the proposed assignment, sublease, <br />hypothecation, mortgage, or other transfer on the party’s acceptance of the new terms. <br />Lessee’s rights stated in this paragraph shall apply regardless of whether the proposed
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