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Ordinance 1818-91
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Ordinance 1818-91
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Ordinances
Ordinance Number
1818-91
Date
10/2/1991
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granted hereunder and under the Construction Contract, City may <br /> terminate this Lease but only if such termination occurs on or <br /> before the Substantial Completion Date. <br /> 2 . 3 Bonding and Liens. Lessor shall furnish a surety or <br /> completion bond for the performance of the construction of the <br /> Improvements in an amount equal to the greater of full contract <br /> price or the full cost of such construction, and City shall be <br /> named as an obligee on such bond; Lessor shall pay and discharge <br /> any and all mechanics' , materialmen's or other liens against the <br /> Leased Premises claimed in respect to labor, services, materials, <br /> supplies or equipment furnished or alleged to have been furnished <br /> to or upon the request of Lessor. Notice is hereby given that City <br /> shall not be liable for any work performed or to be performed on <br /> the Leased Premises or the Improvements thereon, for Lessor, or for <br /> any materials furnished or to be furnished to the Leased Premises <br /> or the Improvements thereon for Lessor or any subtenant, and that <br /> no mechanic's or other lien for such work or materials shall attach <br /> to the leasehold interest of City. City shall have the right to <br /> enter upon the Leased Premises at any time for the purpose of <br /> posting such notice throughout the same and/or the Improvements, <br /> and such notice shall also be included in any Memorandum of Lease <br /> recorded. <br /> 2 .4 Disclaimer. Notwithstanding any other provision of this <br /> Lease to the contrary, City is under no obligation to construct or <br /> supervise construction of the Improvements. It is understood and <br /> agreed that City's rights to accept the Improvements under this <br /> Lease are for the sole purpose of protecting its interest as <br /> tenant. City's approval of any plans and specifications, <br /> construction agreements, or service contracts for the Improvements <br /> shall not be construed by City as a guaranty of sufficiency of the <br /> work. City's right of inspection as provided in this Lease shall <br /> not constitute any representation or warranty, express or implied, <br /> or any obligation of City to insure that work or materials are in <br /> compliance with the plans and specifications or any building <br /> requirements imposed by a governmental agency. No part of the cost <br /> of construction of the Improvements shall ever become an obligation <br /> of the City. City is not responsible to the subcontractors under <br /> the Construction Contract or any other third parties for any <br /> purpose whatsoever. Lessor agrees to assign to City all rights <br /> under warranties, guaranties, and/or bonds relating to the repair, <br /> maintenance and/or condition of the Improvements to be built on the <br /> Leased Premises, and Lessor agrees to cooperate with City in order <br /> to obtain for City the benefit of any such warranties and/or bonds. <br /> ARTICLE III: LEASE TERM <br /> This Lease is effective upon its execution by Lessor and City; <br /> provided that the obligation of the City to make Lease Payments <br /> -4- D0T439 91/09/24 <br />
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