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2014 020 Ordinance
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2014 020 Ordinance
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Last modified
11/19/2018 4:10:58 PM
Creation date
9/11/2018 4:36:40 AM
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Template:
Legislation-Meeting Minutes
Document Type
Ordinance
Number
020
Date
8/18/2014
Year
2014
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Option and Tower Lease Agreement <br />Page No. 5 <br />Landlord represents, warrants and agrees that it has in the past and will in the future conduct <br />its activities an the Progerty in compliance with all agplicable Emrironmental Laws and that <br />the Properiy is free of Hazardous Subsgances (as defined in Exhibit C) as of the date of this <br />Lease. <br />14. Landiord agrees to defetid, indemnify and hold Tenant harmless from and against any and all <br />claims, causes of acrion, demands, and Iiability including but not limited to, damages, costs, <br />expenses, assessments, penalties, fines, iasses, judgments and attomey's fees that Tenant may <br />suffer due to the existence or discovery of any Hazardous Substance on the Property or the <br />migrarion of any Hazardous Substance to other properties or released into the environment, <br />that relate to or arise from Landlord's activities durir?g this Lease and from all activities on <br />the Property prior to the cammencement of this I.ease. <br />15. Landlord covenants and wanants to Tenant that (i) Landlord has full right, power, and <br />authority to execute this Lease; (ii) Landlard has good and unencumbereci title to the <br />Property free and cleaz of any liens or mortgages except #hose disclosed ta Tenan.t and set <br />forth in Exhibit D attached hereto and which will not interfere with Tenant's rights to or use <br />of the Premises; (iii) execution and perfurmax?ce of this Lease wil1 not violate any laws, <br />ordinances, covenants or the pravisians of any mortgage, lease or other agreement binding on <br />Landlord. Landlord further covenants and wartants that Tenant shall have the quiet <br />' enjoynaeat of the Premises during the term of this Lease or any renewal thereof. Landlor€l <br />represeats and warrants that it is a municipal corporation autitorized pursuant to the <br />Consfrtution of the State of Uhio and that the person(s) execurting this Lease on Landlord's <br />hehaif is/are duly authorized and has the fuii right, title, and authority to execute and deliver <br />this Lease on behalf of the Landlord, and that this Lease is binding upon Landlord in <br />accardance with its terms. <br />T'enant has the right to obtain a title report or commitment for a leasehold title policy from a <br />title insuranee compaay of its choice and at its expense. If, in the opinion of Tenant, such <br />title report shows any defects of title or any liens or encumbrances which may adversely <br />affeet Tenant's use of the Prernases or Tenant's ability to obtain leasehold financing, Tenant <br />shall have the right to terminate #his Lease upon wratten notice to Landlord. <br />Tenant shall also have the right to have the Property surveyed, at Tenant's expense and, in <br />the event that any defects a.re shown by the survey w3uch, in the apinion of Tenant, may <br />adverseiy affect Tertant's use of the Premises or Tenant's ability ta obtain leasehoid <br />financing, Tenant shall have the right to terminate this Lease upon written notice to Landlord <br />16. Tenant may with Lar?dtord's prior approvai whqch approval shall not be unreasonably <br />withheld or deiayed, assign this Lease and its other rights hereunder, includiazg without <br />limitation, its right to renew, or sublet the Prenuses or any portion thereof, to any person or <br />5
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