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Packet 20231016
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5G Consent
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3/21/2024 5:56:02 PM
Creation date
12/26/2023 3:00:13 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Staff Report
Document Date (6)
10/16/2023
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<br />23 <br />(c) Lessor has received no written notice and has no actual knowledge of any <br />pending or threatened Taking relating to all or any part of the Leased Premises; <br />(d) the entry by Lessor into this Ground Lease with Lessee and the <br />performance of all of the terms, provisions and conditions contained herein will not, or with the <br />giving of notice or the passage of time, or both, would not, violate or cause a breach or default <br />under any other agreement relating to the Leased Premises to which Lessor is a party or by <br />which it is bound; <br />(e) except as disclosed to Lessee or as is apparent from Lessee's inspection, <br />there is no tenant, lessee or other occupant of the Leased Premises having any right or claim to <br />possession or use of the Leased Premises; <br />(f) Lessor has received no written notice and has no actual knowledge of any <br />violations of any Legal Requirements affecting any portion of the Leased Premises that <br />materially affect the development of the Improvements; <br />(g) To Lessor's actual knowledge, there is no notice from any Governmental <br />Authority or any Person, claiming any violation of any Legal Requirement pertaining to <br />Hazardous Materials or any liability thereunder, or requiring or calling any attention to the need <br />for any environmental remediation on or in connection with the Leased Premises, and Lessor, its <br />agents or employees have not ever been informed of any threatened or proposed serving of any <br />such notice of violation or corrective work order; <br />(h) Except for any representations and warranties specifically with respect to <br />the condition of the Leased Premises set forth in this Agreement, Lessor makes no representation <br />or warranty with respect to the condition of the Leased Premises or the Leased Premises or their <br />fitness or availability for any particular use. <br />Section 11.2 Representations, Warranties and Covenants of Lessee. As an <br />inducement to Lessor to enter into and to proceed under this Ground Lease, Lessee warrants and <br />represents to Lessor as follows, which warranties, representations and covenants are true and <br />correct as of the date of this Ground Lease: <br />(a) Authority. Lessee has the right, power and authority to enter into this <br />Ground Lease and the right, power and authority to comply with the terms, obligations, <br />provisions and conditions contained in this Ground Lease; <br />(b) No Breach of Obligations. The entry by Lessee into this Ground Lease <br />and the performance of all of the terms, provisions and conditions contained herein will not, or <br />with the giving of notice or the passage of time, or both, would not, violate or cause a breach or <br />default under any other agreements to which Lessee is a party or by which it is bound; <br />(c) Litigation. Lessee has received no written notice and has no actual <br />knowledge of any litigation or action, pending or threatened, materially and adversely affecting <br />Lessee’s ability to carry out its obligations hereunder; and DRAFT
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