2023-079 Resolution - Laserfiche WebLink

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of Hazardous Materials on the Premises arising solely as the result of Lessees activities after the execution of this Lease. (b) Lessor shall, upon demand of Lessee, and at Lessor's sole cost and expense, promptly take all actions to remediate the Parent Parcel and/or Easement which are required by any federal, state or local governmental agency or political subdivision or which are reasonably necessary to mitigate environmental damages or to allow full economic use of the Premises, which remediation is necessitated from the presence upon, about or beneath the Parent Parcel and/or Easement of a Hazardous Material. Such actions shall include but not be limited to the investigation of the environmental condition of the Parent Parcel and/or Easement, the preparation of any feasibility studies, reports or remedial plans, and the performance of any cleanup, remediation, containment, operation, maintenance, monitoring or actions necessary to restore the Parent Parcel and/or Easement to the condition existing prior to the introduction of Hazardous Material upon, about or beneath the Parent Parcel and/or Easement notwithstanding any lesser standard of remediation allowable under applicable law or governmental policies. (c) The duties and indemnifications in this paragraph shall survive expiration or earlier termination of this Lease. 24, Notices. All ounces, requests, demands and other communications hereunder shall be in writing and shall be deemed given if personally delivered or mailed, certified mail, return receipt requested, or via a nationally recognized overnight delivery service to the following addresses or to such other addresses as may be specified in writing at any time during the term of this Lease: If to Lessor, to: City of North Olmsted 5200 Dover Center Road North Olmsted, OH 44070 Attention: Safety Director Phone: 440-716-4136 Fax: 440-777-0480 Email: glaunerd@northoimsted.com If to Lessee, to TowerCo 2013 LLC 5000 Valleystone Drive, Suite 200 Cary, North Carolina 27519 Attention: Property Management Site ID#: OH0391 25. Title and Quiet Enjoyment. Lessor warrants and represents that (i) it has the full right, power, and authority to execute this Lease; (ii) it has good and marketable fee simple title to the Premises free and clear of any liens and encumbrances or mortgages; (iii) there are no easements, licenses, rights, covenants or restrictions on use related to or affecting the Premises which will interfere with Lessee's Intended Use of the Premises; and (iv) the execution of this Lease by Lessor will not cause a breach or an event of default of any other agreement(s) to which Lessor is a party, and Tmw o Site Name: North Olmsted Pa& Tower o Site Number: OH0401