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03-13-2023 City Council Packet
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03-13-2023 City Council Packet
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City Council
Council Document Type
Council Packet
Meeting Date
03/13/2023
Council Meeting Type
Regular
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13 <br />to sell its interest therein, and allow such interest to be transferred to the purchaser of <br />such interest. <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 />12 The Public Entity must be the lessee under the Real Property/Lease or <br />grantee under the easement. <br />B.The provisions contained in this Section are not intended to and shall not prevent <br />the Public Entity from including additional provisions in the Real Property/Facility Lease or <br />easement that are not inconsistent with or contrary to the requirements contained in this <br />Section. <br />C.The expiration of the term of a Real Property/Facility Lease or easement shall not <br />be an event that requires the Public Entity to reimburse the Council for any portion of the <br />Program Grant, and upon such expiration the Public Entity’s ownership interest in the Real <br />Property and, if applicable, Facility shall no longer be subject to this Agreement. <br />D.The Public Entity shall fully and completely compl y with all of the terms, <br />conditions and provisions contained in a Real Property/Facility Lease or easement, and shall <br />obtain and file, in the Office of the County Recorder or the Registrar of Titles, whichever is <br />applicable, the Real Property/Facility Lease or easement or a short form or memorandum <br />thereof. <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 days <br />written notice of such event and the Public Entity’s failure to cure such event during such 30 day <br />time period for those Events of Default that can be cured within 30 days or within whatever time <br />period is needed to cure those Events of Default that cannot be cured within 30 days as long as the <br />Public Entity is using its best efforts to cure and is making reasonable progress in curing such <br />Events of Default, however, in no event shall the time period to cure any Event of Default exceed <br />6 months unless otherwise consented to, in writing, by the Council and the Commissioner of <br />MMB. <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 representation, <br />covenant, or warranty was made. <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.
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