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75A - AGMT FOR 99 YEAR LEASE AT 1901 W WALNUT
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75A - AGMT FOR 99 YEAR LEASE AT 1901 W WALNUT
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Last modified
2/27/2020 1:32:46 PM
Creation date
2/27/2020 1:17:59 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Community Development
Item #
75A
Date
3/3/2020
Destruction Year
2025
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ECONOMIC CONDITIONS, EITHER OF THE PARTY SPECIFICALLY OR THE <br />ECONOMY GENERALLY, OR CHANGES IN MARKET CONDITIONS OR DEMANDS, <br />SHALL NOT OPERATE TO EXCUSE OR DELAY THE STRICT OBSERVANCE OF <br />EACH AND EVERY ONE OF THE OBLIGATIONS, COVENANTS, CONDITIONS AND <br />REQUIREMENTS OF THIS AGREEMENT. THE PARTIES EXPRESSLY ASSUME THE <br />RISK OF SUCH ADVERSE ECONOMIC OR MARKET CHANGES, WHETHER OR NOT <br />FORESEEABLE AS OF THE EFFECTIVE DATE. <br />Initials of Authorized Initials of Authorized <br />Representative(s) of City Representative(s) of Developer <br />7.16 Real Estate Commissions. The City shall not be responsible for any real estate <br />brokerage or sales commissions, finder fees or similar charges that may arise from or be related <br />to this Agreement. The Developer shall be solely responsible for any real estate brokerage or <br />sales commissions, finder fees or similar charges that may arise from or be related to this <br />Agreement that are claimed by any Person engaged by the Developer relating to the Property, <br />the Project or this Agreement. Further, the Developer shall Indemnify the City from any such <br />claims for real estate brokerage or sales commissions, finder fees or similar charges. <br />7.17 Binding on Successors and Assigns. This Agreement shall be binding upon <br />and inure to the benefit of the Parties and their respective legal representatives, successors and <br />assigns. <br />7.18 No Other Representations or Warranties. Except as expressly set forth in <br />this Agreement, no Party makes any representation or warranty material to this Agreement to <br />any other Party. <br />7.19 Tax Consequences. Developer acknowledges this Agreement and agrees that <br />it shall bear any and all responsibility, liability, costs, and expenses connected in any way with <br />any tax consequences experienced by the Developer related to this Agreement or the execution <br />of the Lease. <br />7.20 No Third -Party Beneficiaries. Nothing in this Agreement, express or implied, <br />is intended to confer any rights or remedies under or by reason of this Agreement on any Person <br />other than the Parties and their respective permitted successors and assigns, nor is anything in <br />this Agreement intended to relieve or discharge any obligation of any third -Person to any Party <br />or give any third -Person any right of subrogation or action over or against any Party. <br />7.21 Execution in Counterparts. This Agreement may be executed in two or more <br />counterpart originals, each of which shall be deemed to be an original, but all of which together <br />shall constitute one and the same document. <br />7.22 Entire Agreement. <br />33 <br />75A-38 <br />
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