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10-28-2019 Council Packet
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10-28-2019 Council Packet
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City Council
Council Document Type
Council Packet
Meeting Date
10/28/2019
Council Meeting Type
Regular
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<br /> 13 <br />to sell its interest therein, and allow such interest to be transferred to the purchaser of <br />such interest. <br /> <br />11. It must contain a provision that prohibits and prevents the sale of the <br />underlying fee interest in the Real Property and, if applicable, Facility without first <br />obtaining the written consent of the Commissioner of MMB. <br /> <br />12 The Public Entity must be the lessee under the Real Property/Lease or <br />grantee under the easement. <br /> <br />B. The provisions contained in this Section are not intended to and shall not <br />prevent the Public Entity from including additional provisions in the Real Property/Facility <br />Lease or easement that are not inconsistent with or contrary to the requirements contained <br />in this Section. <br /> <br />C. The expiration of the term of a Real Property/Facility Lease or easement shall <br />not be an event that requires the Public Entity to reimburse the Council for any portion of <br />the Program Grant, and upon such expiration the Public Entity’s ownership interest in the <br />Real Property and, if applicable, Facility shall no longer be subject to this Agreement. <br /> <br />D. The Public Entity shall fully and completely comply with all of the terms, <br />conditions and provisions contained in a Real Property/Facility Lease or easement, and <br />shall obtain and file, in the Office of the County Recorder or the Registrar of Titles, <br />whichever is applicable, the Real Property/Facility Lease or easement or a short form or <br />memorandum thereof. <br /> <br />Section 2.07 Event(s) of Default. The following events shall, unless waived in writing <br />by the Council and the Commissioner of MMB, constitute an Event of Default under this <br />Agreement upon either the Council or the Commissioner of MMB giving the Public Entity 30 <br />days written notice of such event and the Public Entity’s failure to cure such event during such <br />30 day time period for those Events of Default that can be cured within 30 days or within <br />whatever time period is needed to cure those Events of Default that cannot be cured within 30 <br />days as long as the Public Entity is using its best efforts to cure and is making reasonable <br />progress in curing such Events of Default, however, in no event shall the time period to cure any <br />Event of Default exceed 6 months unless otherwise consented to, in writing, by the Council and <br />the Commissioner of MMB. <br /> <br />A. If any representation, covenant, or warranty made by the Public Entity in this <br />Agreement, in any other document furnished pursuant to this Agreement, or in order to <br />induce the Council to disburse any of the Program Grant, shall prove to have been untrue or <br />incorrect in any material respect or materially misleading as of the time such <br />representation, covenant, or warranty was made. <br /> <br />B. If the Public Entity fails to fully comply with any provision, term, condition, <br />covenant, or warranty contained in this Agreement, the Declaration, or any other document <br />referred to herein. <br />
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