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2018-055 Resolution
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2018-055 Resolution
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6/22/2018 4:26:02 PM
Creation date
6/22/2018 4:01:41 PM
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North Olmsted Legislation
Legislation Number
2018-055
Legislation Date
6/19/2018
Year
2018
Legislation Title
TowerCo 2013 LLC Lease Agreement
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(a) Each party agrees to furnish to the other, within ten (10) days after request, <br />such truthful estoppel information as the other may reasonably request. <br />(b) This Lease constitutes the entire agreement and understanding of the parties <br />with respect to the subject matter of this Lease, and supersedes all offers, negotiations and other <br />agreements. There are no representations or understandings of any kind not set forth herein. Any <br />amendments to said Lease must be in writing and executed by the parties. <br />(c) If either party is represented by a real estate broker in this transaction, that <br />party shall be fully responsible for any fees due such broker and shall hold the other party harmless <br />from any claims for commission by such broker. <br />(d) Lessor agrees to cooperate with Lessee in executing any documents necessary <br />to protect Lessee's rights under this Lease or Lessee's use of the Premises, including but not limited to <br />affidavits relating to title curative measures and subordination and non -disturbance agreements and to <br />take any further action which Lessee may reasonably require as to effect the intent of this Lease. <br />(e) This Lease shall be construed in accordance with the laws of the state in <br />which the Premises is situated. <br />(f) If any term of this Lease is found to be void or invalid, such invalidity shall <br />not affect the remaining terms of this Lease, which shall continue in full force and effect. <br />(g) Upon request of Lessee, Lessor shall promptly execute and deliver to Lessee <br />such documents as Lessee requests to evidence Lessee's rights in the Premises, including a <br />memorandum of option and a memorandum of lease and/or amendments thereto. Lessee may file such <br />documents of record in the property records in the county in which the Premises are located. <br />(h) Lessee may obtain title insurance on its interest in the Premises and Easement, <br />and Lessor shall cooperate by executing documentation required by the title insurance company. In the <br />event the Premises is encumbered by a mortgage or deed of trust, Lessor agrees to obtain and furnish, <br />within thirty (30) days written request by Lessee, a non -disturbance agreement to the effect that Lessee <br />and Lessee's sublessees or licensees will not be disturbed in the occupancy of the Premises by any <br />foreclosure; provided that the rights and interests of Lessee under this Lease shall be subject and <br />subordinate to such mortgage or deed of trust. <br />(i) This Lease may be executed in two or more counterparts, all of which shall be <br />considered one and the same agreement and shall become effective when one or more counterparts <br />have been signed by the each of the parties, it being understood that all parties need not sign the same <br />counterpart and that scanned or electronically reproduced copies of this Agreement shall have the <br />same force and effect as originals. <br />(1) Lessor will not, during the term of this Lease together with any extensions <br />thereof, enter into any other lease, license, or other agreement for a similar purpose as set forth herein, <br />on or adjacent to the Property. <br />10 <br />TowerCo Site Name: N Olmsted Ree <br />TowerCo Site Number: OH0391 <br />
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