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5G Consent
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3/21/2024 5:56:02 PM
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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 />30 <br />ARTICLE 15. <br />QUIET ENJOYMENT AND POSSESSION; INSPECTIONS <br />Section 15.1 Quiet Enjoyment. Lessor covenants and warrants that Lessee, upon <br />payment of all sums herein provided and upon performance and observance of all its covenants <br />herein contained, shall peaceably and quietly have, hold, occupy, use and enjoy, and shall have <br />the full, exclusive and unrestricted use and enjoyment of, all of the Leased Premises during the <br />Term, subject only to the provisions of this Ground Lease and all applicable Legal Requirements. <br />Section 15.2 Lessor's Right of Inspection. Notwithstanding Section 15.1 above, <br />Lessor, in person or through its agents, upon reasonable prior notice to Lessee, shall have the <br />right, subject to the rights of Residents, to enter upon the Leased Premises for purpose of <br />reasonable inspections performed during reasonable business hours in order to assure compliance <br />by Lessee with its obligations under this Ground Lease. <br /> <br />ARTICLE 16. <br />VACATION OF LEASED PREMISES <br />Section 16.1 Vacation Upon Termination. Lessee covenants that upon any <br />termination of this Ground Lease, whether by lapse of time or because of any of the conditions or <br />provisions contained herein, Lessee will peaceably and quietly yield and surrender possession of <br />the Leased Premises to Lessor. The foregoing, however, will be subject to the rights of <br />Residents or others in possession pursuant to Resident Subleases with Lessee, provided that such <br />Residents are not in default thereunder and attorn to Lessor as their lessor. An action of forcible <br />detainer shall lie if Lessee holds over after a demand for possession is made by Lessor. <br /> <br />ARTICLE 17. <br />NON-MERGER <br />Section 17.1 Non-Merger. Except upon expiration of the Term or upon termination of <br />this Ground Lease, there shall be no merger of either this Ground Lease or Lessee's estate created <br />hereunder with Lessor's fee interest in the Leased Premises by reason of the fact that the same <br />person may acquire, own or hold, directly or indirectly, (a) this Ground Lease, Lessee's estate <br />created hereunder or any interest in this Ground Lease or the Improvements, and (b) a fee <br />interest in the Leased Premises or the Improvements, unless and until the Lessor and all persons, <br />including any assignee of Lessor, having an interest in (i) this Ground Lease or Lessee's Estate <br />created hereunder, and (ii) the fee estate in the Leased Premises or any part thereof, shall join in <br />a written instrument effecting such merger and shall duly record the same. <br /> <br />ARTICLE 18. <br />MISCELLANEOUS PROVISIONS DRAFT
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