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Resolution 3399
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Resolution 3399
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6/2/2017 11:27:00 AM
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Resolutions
Resolution Number
3399
Date
11/21/1990
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amendments) and the Lease set forth the entire agreement of City <br /> and Lessee concerning the Leased _Premises, and there are no other <br /> agreements or understandings, oral or written, between City and <br /> Lessee. Any subsequent modification of this Ground Lease shall <br /> be binding upon City and Lessee only if reduced to writing and <br /> signed by the party intended to be bound. <br /> 19. 5 Partial Invalidity. If any term, covenant or <br /> condition of this Ground Lease or the application thereof to any <br /> person or circumstance shall, to any extent, be invalid or <br /> unenforceable, excluding the terms and conditions of <br /> Article XVIII hereto, the remainder of this Ground Lease, or the <br /> application of such term, covenant or condition to persons or <br /> circumstances other than those as to which it is held invalid or <br /> unenforceable, shall not be affected thereby and each term, <br /> covenant or condition of this Ground Lease shall be valid and be <br /> enforced to the fullest extent permitted by law. <br /> 19. 6 Recording. Lessee shall not record this Ground Lease <br /> without the written consent of City; however, upon the request of <br /> either party hereto the other party shall join in the execution <br /> of a memorandum or so-called "short form" of this Ground Lease <br /> for the purposes of recordation. Said memorandum or short form <br /> of this Ground Lease shall describe the parties, the Leased <br /> Premises and the term of Ground Lease and the Lease and shall <br /> incorporate this Ground Lease and the Lease by reference. <br /> 19. 7 No Merger. In no event shall (a) the leasehold <br /> interest, estate or rights of Lessee hereunder, or (b) the rights <br /> of the holder of any Leasehold Mortgage upon Lessee's rights <br /> under this Lease, or (c) the leasehold interest, estate or rights <br /> of the City as lessee under the Lease, merge with any interest, <br /> estate or rights of City as the fee owner of the Leased Premises <br /> and the lessor under this Ground Lease, it being understood that <br /> such leasehold interest, estate and rights of Lessee hereunder, <br /> and of the holder of any Leasehold Mortgage upon Lessee's rights <br /> under this Lease, and of the leasehold interest, estate and <br /> rights of City as. sublessee under the Lease, shall be deemed to <br /> be separate and distinct from City's interest, estate and rights <br /> as fee owner and lessor under the Ground Lease in or to the <br /> Leased Premises, notwithstanding that any such interests, estates <br /> or rights shall at any time or times be held by or vested in the <br /> same person, corporation or other entity. <br /> 19. 8 Governing Law, Time. This Ground Lease and the rights <br /> of the parties hereto shall be governed and construed in <br /> -13- DRS231 90/12/11 <br />
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